HomeMy WebLinkAboutCC 1992-10-22 MinutesOF MEETING HELD ON OCTOBER 22, 1992
PLANNING & ZONING
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
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ITEM SUBJECT
NO.
INDEX
MINUTES OF REGULAR MEETING
OCTOBER 22, 1992
LEGISLATION PAGE
NO.
1. PRESENTATIONS, PROCLAMATIONS & SPECIAL
DISCUSSION 1-4
ITEMS.
10/22/92
(A) SPECIAL AWARD TO CITY OF KAGOSHIMA,
JAPAN FOR THEIR GENEROUS CONTRIBUTION
TO MIAMI IN CONNECTION WITH HURRICANE
ANDREW.
2. ACCEPT DONATION FROM CITIZENS OF
ORDINANCE 4-6
O'FALLON, MISSOURI, IN CONJUNCTION WITH
11010
O'FALLON NEWSTIME -- ESTABLISH NEW
10/22/92
SPECIAL REVENUE FUND: HURRICANE ANDREW
RELIEF ASSISTANCE.
3. DISCUSSION CONCERNING CITIZENS' DISCUSSION
COMPLAINTS REGARDING PILES OF DEBRIS 10/22/92
LEFT BY HURRICANE ANDREW.
4. (A) MAKE AVAILABLE TO CITY OF OPA— R 92-673
LOCKA UP TO 15 SURPLUS VEHICLES TO R 92-674
ASSIST IN THEIR CRIME FIGHTING EFFORTS. 10/22/92
(B) MAKE AVAILABLE TO CITY OF OPA—
LOCKA SURPLUS POLICE RECORDERS TO
ASSIST IN THEIR CRIME FIGHTING EFFORTS.
5. DISCUSSION CONCERNING REQUEST TO HOLD A R 92-675
"ROAD TO REBUILDING" CONCERT BY BIG 10/22/92
VOTE 192 TO BENEFIT AND SUPPORT VICTIMS
OF HURRICANE ANDREW -- REFER TO
ADMINISTRATION FOR FINAL DETERMINATION
AS TO POSSIBILITY OF HOLDING EVENT IN
BOBBY MADURO STADIUM.
6. APPOINT VICKY LEIVA AND IGNACIO R 92-676
BUSTILLO (ALTERNATE) TO THE 10/22/92
INTERNATIONAL TRADE BOARD.
6-18
18-23
24-31
31-32
7. DISCUSSION CONCERNING PROPOSED BALLOT DISCUSSION 32-35
QUESTION KNOWN AS "PROPOSITION 10 (SAVE 10/22/92
OUR HOMES)" -- COMMISSIONER PLUMMER
EXPRESSES SERIOUS CONCERNS.
8.
GRANT REQUEST BY JUNIOR CHAMBER OF
R 92-677
35-36
COMMERCE (JCI WORLD CONGRESS MIAMI,
10/22/92
INC.) FOR WAIVER OF USER FEES IN
CONNECTION WITH "U.S.A. NIGHT" EVENT TO
BE HELD AT BAYFRONT PARK.
9.
DISCUSS AND TEMPORARILY TABLE
DISCUSSION
36-56
DISCUSSION CONCERNING FUNDING FOR: (a)
10/22/92
ECONOMIC DEVELOPMENT COMMUNITY BASED
ORGANIZATIONS, AND (b) COMMUNITY
DEVELOPMENT CORPORATIONS (See label
19) .
10.
BRIEF COMMENTS CONCERNING PROBLEMS
DISCUSSION
57-58
BROUGHT ABOUT BY THE CARIBBEAN AMERICAN
10/22/92
FESTIVAL PARADE.
11.
FUND DE HOSTOS SENIOR CENTER, INC., FOR
R 92-678
58-68
REMAINDER OF YEAR, FROM 18TH YEAR
10/22/92
(CDBG) FUNDS -- DISCUSSION CONCERNING
STATUS OF THE WILLIAM MORALES PENDING
INVESTIGATION -- DIRECT MR. MORALES TO
STAY AWAY FROM THE CENTER UNTIL THE
SITUATION IS CLEARED.
12.
DISCUSSION CONCERNING ALLEGATIONS MADE
DISCUSSION
68-71
BY MR. SANTIAGO CONCERNING THE WYNWOOD
10/22/92
NET OFFICE.
13.
DIRECT MANAGER TO CONTINUE 18TH YEAR
R 92-679
71-72
CDBG FUNDING OF KIDCO, INC.
10/22/92
14. (A) DISCUSSION CONCERNING PRESENT
STATUS OF MODEL HOUSING COOPERATIVE,
INC. AS A NON -CERTIFIED, NONPROFIT
CORPORATION -- DIRECT ADMINISTRATION TO
CONTINUE TO WORK WITH THEM IN
CONNECTION WITH THE NEW FEDERAL HOME
PROGRAM
(B) DIRECT MANAGER TO INVESTIGATE NEWS
THAT DEPARTMENT OF COMMUNITY AFFAIRS
HAS $6090009000 IN SUPPLEMENTAL
APPROPRIATIONS OF HOME FUNDS AS A
RESULT OF HURRICANE ANDREW PACKAGE AND
REPORT BACK TO COMMISSION -- DIRECT
MANAGER TO TRACK DOWN INFORMATION SO
THAT INTERESTED GROUPS MAY START
APPLYING.
15. DISCUSS AND CONTINUE TO NEXT MEETING
CONSIDERATION OF PROPOSAL RECEIVED FROM
A GROUP OF EXISTING TENANTS AT DINNER
KEY BOAT YARD TO MANAGE AND OPERATE THE
FACILITY ON AN INTERIM BASIS PENDING
CONCLUSION OF RFP PROCESS -- ITEM WAS
CONTINUED TO GIVE OPPORTUNITY TO
FACILITATE EXPRESSIONS OF INTEREST FROM
MINORITY GROUPS (See label 34).
16. (A) DISCUSSION CONCERNING PROPOSED
RESOLUTION TO CONTRACT FOR PROFESSIONAL
LEGISLATIVE CONSULTATION SERVICES
BEFORE THE METROPOLITAN DADE COUNTY
COMMISSION -- NO ACTION TAKEN (See
label 18).
(B) BRIEF MENTION OF PRIOR DIFFICULTY
ENCOUNTERED BY THE CITY FOR
REIMBURSEMENT BY THE COUNTY CONCERNING
EXPENSES ASSOCIATED WITH THE JAIL.
17. (A) WAIVE PROHIBITION CONTAINED IN
CODE SECTION 2-302 TO ALLOW MARTIN
FINE, ESQ. (PRESENTLY SERVING ON
DOWNTOWN DEVELOPMENT AUTHORITY) AND
MANUEL ALONSO-POCH, ESQ. (PRESENTLY
SERVING ON ZONING BOARD) TO APPEAR
BEFORE THE COMMISSION.
(B) APPROVE APPOINTMENT OF: (a) FINE,
JACOBSON, SCHWARTZ, NASH AND BLOCK, AND
(b) MANUEL ALONSO-POCH -- TO PROVIDE
BOND COUNSEL SERVICES FOR REFINANCING
OF OFF-STREET PARKING DEPARTMENT'S 1986
SUBORDINATED DEBT OF $2,000,000 AND
1986 SENIOR DEBT OF $14,440,000.
DISCUSSION
10/22/92
M 92-680
10/22/92
DISCUSSION
10/22/92
R 92-681
R 92-682
10/22/92
73-74
74-79
79-87
88-95
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iB. (Continued Discussion) BRIEF DISCUSSION
DISCUSSION 95
CONCERNING PRIOR VOTE ON PROPOSED
10/22/92
RESOLUTION SEEKING FOR PROFESSIONAL
LEGISLATIVE CONSULTATION SERVICES
BEFORE THE METROPOLITAN DADE COUNTY
COMMISSION, SINCE VICE MAYOR ALONSO WAS
ABSENT AT THE TIME (See label 16).
19. (Continued Discussion) GRANT ONE-
R 92-683 96-102
TWELFTH OF TOTAL BUDGETED AMOUNT TO:
10/22/92
(a) ECONOMIC DEVELOPMENT COMMUNITY
BASED ORGANIZATIONS, AND (b) COMMUNITY
DEVELOPMENT CORPORATIONS -- WITH
PROVISOS (See label 9).
20. (A) DISCUSSION CONCERNING CITY'S FY193
DISCUSSION 102-146
BUDGET
10/22/92
(B) DISCUSSION CONCERNING CITY CLERK'S
AND CITY ATTORNEY'S BUDGETS.
(C) DISCUSSION CONCERNING CAR
ALLOWANCES.
21. URGE SUPPORT BY FLORIDA LEGISLATURE OF R 92-684 147
A BILL EXEMPTING, FOR A TIME CERTAIN, 10/22/92
STATEWIDE DISTRIBUTION OF SALES TAX
COLLECTED IN DADE COUNTY.
22. BRIEF DISCUSSION CONCERNING UPCOMING
DISCUSSION 148-149
LEGISLATIVE BATTLE IN CONNECTION WITH
10/22/92
PROPOSED TWO CENTS SALES TAX --
SCHEDULE DISCUSSION FOR NEXT AGENDA TO
GIVE TALLAHASSEE LOBBYIST MIKKI CANTON
GUIDANCE AND ORIENTATION.
23. MOTION OF INTENT TO APPOINT SETH GORDON
M 92-685 149-151
TO SELECTION COMMITTEE IN CONNECTION
10/22/92
WITH RECEIPT OF RFP FOR REDEVELOPMENT
OF THE GUSMAN / OLYMPIA BUILDING.
24. COMMISSIONER PLUMMER REQUESTS TO KNOW
DISCUSSION 151
WHETHER COMMISSIONER DAWKINS HAS
10/22/92
SUBMITTED HIS APPOINTMENT TO THE MIAMI
SPORTS AND EXHIBITION AUTHORITY --
APPOINTMENT TO BE MADE IN NOVEMBER.
�5. DENY APPEAL -- AFF14M DECISION OF
ZONING BOARD WHICH REVERSED ZONING
ADMINISTRATOR'S DECISION WHICH SAID
THAT USE OF THE COMMUNITY / RECREATION
BUILDING AT 1809 BRICKELL AVENUE (UTD
TOWERS) FOR UNION MEETINGS NOT DIRECTLY
ASSOCIATED WITH CONDOMINIUM OWNERS WAS
NOT PERMITTED AS ACCESSORY USE --
THEREBY ALLOWING UNION MEETINGS TO
CONTINUE TO TAKE PLACE (Applicant:
United Teachers of Dade (UTD);
Appellants: Brickell Homeowners
Association, Inc. & Brickell Florida
Condominium Association, Inc.
26. DISCUSSION CONCERNING REQUEST BY
CHARLES GENER, ESQ., AS PERSONAL
COUNSEL TO JUAN GARCIA, TO SPEAK BEFORE
THE COMMISSION -- DIRECT MR. GENER TO
GET TOGETHER WITH COMMISSIONER DAWKINS
CONCERNING THIS ISSUE, AND THE
POSSIBILITY THAT HE MAY BE HEARD AT THE
NEXT COMMISSION MEETING.
27. SECOND READING ORDINANCE: AMEND 11000,
ARTICLE 6 (SO SPECIAL DISTRICTS GENERAL
PROVISIONS) SECTION 614 (110-14, 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, etc.
(Applicant: Planning, Building & Zoning
Dept.).
28. SECOND READING ORDINANCE: AMEND 11000
ATLAS -- CHANGE DESIGNATION AT 327-345
M.E. 2ND STREET AND 211 N.E. 3RD STREET
FROM G/I GOVERNMENT INSTITUTIONAL TO
CBD CENTRAL BUSINESS DISTRICT
(Applicant: Planning, Building & Zoning
Dept.) .
R 92-686
10/22/92
DISCUSSION
10/22/92
ORDINANCE
11011
10/22/92
ORDINANCE
11012
10/22/92
152-168
169-175
175-178
178-179
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20. SECOND READING ORDINANCE: AMEND 11000 ORDINANCE 179-180
ATLAS -- CHANGE DESIGNATION AT 3490 AND 11013
3600 MAIN HIGHWAY FROM R-1 SINGLE 10/22/92
FAMILY RESIDENTIAL AND SD-2 COCONUT
GROVE CENTRAL COMMERCIAL DISTRICT TO
G/I GOVERNMENT INSTITUTIONAL
(Applicant: Planning, Building & Zoning
Dept.).
30. FIRST READING ORDINANCE: AMEND 10544
(MCNP) FUTURE LAND USE MAP -- CHANGE
LAND USE DESIGNATION AT 229 N.W. 30TH
STREET FROM RECREATION TO MEDIUM
DENSITY MULTI -FAMILY RESIDENTIAL
(Applicant: Development & Housing
Conservation Dept.).
31. FIRST READING ORDINANCE: AMEND 11000
ATLAS -- CHANGE DESIGNATION AT 229 N.W.
30TH STREET FROM PR PARKS AND
RECREATION TO R-3 MULTIFAMILY MEDIUM
DENSITY RESIDENTIAL (Applicant:
Development & Housing Conservation
Dept.).
32. APPROVE MAJOR USE SPECIAL PERMIT, WITH
CONDITIONS, FOR JACKSON MEMORIAL
HOSPITAL HIGHLAND PARKING GARAGE, A
RETAIL AREA, OFFICE SPACE, PAVED
LANDSCAPED PEDESTRIAN CONCOURSE, AND
PROVISION FOR A PEDESTRIAN / VEHICULAR
OVERPASS (OVER BOB HOPE BOULEVARD) TO
EXISTING PARKING STRUCTURE (Applicant:
Augusto Maxwell for the Public Health
Trust).
33. GRANT APPEAL BY JOHN PENA TO REVERSE
ZONING BOARD'S DENIAL OF VARIANCE TO
ALLOW A LESSER REAR YARD SETBACK FOR
CONVERSION OF EXISTING ACCESSORY
STRUCTURE INTO A SECOND UNIT OF A
DUPLEX RESIDENCE AT 3329-3331 N.W. 24TH
AVENUE -- WITH PROVISOS (Applicant:
Tuto Construction, Inc.)
ORDINANCE 180-182
FIRST READING
10/22/92
ORDINANCE 182-183
FIRST READING
10/22/92
R 92-687 183-186
10/22/92
R 92-688 187-210
10/22/92
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34.
(A) (Continued Discussion) RECONSIDER
M 92-689
210-221
PRIOR DISCUSSION, WHICH HAD BEEN TABLED
R 92-690
j
EARLIER IN MEETING, IN CONNECTION WITH
10/22/92
PROPOSAL RECEIVED FROM A GROUP OF
EXISTING GINNER KEY BOAT YARD TENANTS
TO MANAGE AND OPERATE THE FACILITY (See
_!
label 15).
(B) DIRECT ADMINISTRATION TO AMEND RFP
RECEIVED CONCERNING MANAGEMENT AND
OPERATION OF DINNER KEY BOAT YARD TO
INVITE MINORITY APPLICANTS.
35.
FIRST READING ORDINANCE: AMEND 11000
ORDINANCE
221-239
TEXT: ARTICLE 6 (SPECIAL DISTRICTS)
FIRST READING
SECTION 609 SD-9 BISCAYNE BOULEVARD
10/22/92
NORTH OVERLAY DISTRICT -- TO CLARIFY
INTENT AND LIMIT / PROHIBIT CERTAIN
PERMITTED PRINCIPAL AND ACCESSORY USES
AND STRUCTURES, CONDITIONAL PRINCIPAL
AND ACCESSORY PERMITTED USES AND
PROPOSED SIGN LIMITATIONS (Applicant:
Planning, Building & Zoning Dept.).
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36.
FIRST READING ORDINANCE: AMEND 11000
ORDINANCE
239-240
ATLAS -- EXTEND BOUNDARIES OF SD-9,
FIRST READING
BISCAYNE BOULEVARD NORTH OVERLAY
10/22/92
DISTRICT FOR PROPERTIES FRONTING ON
BISCAYNE BOULEVARD FROM N.E. 36TH
STREET TO N.E. 60TH STREET, AND FROM
THE LITTLE RIVER CANAL TO N.E. 82ND
LE
STREET (Applicant: Planning, Building &
Zoning Dept.).
37.
SECOND READING ORDINANCE: AMEND 10544
ORDINANCE
240-244
i
(MCNP) FUTURE LAND USE MAP -- CHANGE
11014
LAND USE DESIGNATION AT 551 N.W. 72ND
10/22/92
STREET FROM GENERAL COMMERCIAL TO
INDUSTRIAL (Applicant: Howard
Lichtman).
--
38.
SECOND READING ORDINANCE: AMEND 11000
ORDINANCE
245
ATLAS -- CHANGE DESIGNATION AT 551 N.W.
11015
72ND STREET FROM C-2 LIBERAL COMMERCIAL
10/22/92
TO I INDUSTRIAL (Applicant: Howard
jj
Lichtman).
39.
SECOND READING ORDINANCE: AMEND 10544
ORDINANCE
246-248
(MCNP) FUTURE LAND USE MAP -- CHANGE
11016
LAND USE DESIGNATION AT 601-627 S.W.
10/22/92
8TH AVENUE FROM MEDIUM DENSITY
MULTIFAMILY RESIDENTIAL TO OFFICE
(Applicant: Miami Lighthouse for the
Blind).
40.
SECOND READING ORDINANCE: AMEND 11000
ORDINANCE
249-250
ATLAS -- CHANGE DESIGNATION AT 601-627
11017
S.W. 8TH AVENUE FROM R-3 MULTIFAMILY
10/22/92
MEDIUM DENSITY RESIDENTIAL TO 0 OFFICE
(Applicant: Miami Lighthouse for the
Blind).
41.
(A) SECOND READING ORDINANCE: AMEND
R 92-691
251-280
10544 (MCNP) FUTURE LAND USE MAP -
ORDINANCE
CHANGE LAND USE DESIGNATION AT 1725
11018
N.W. 17TH STREET FROM RESIDENTIAL
10/22/92
DUPLEX TO RESTRICTED COMMERCIAL
(Applicant: Juan & Maria I. Sanchez,
Enrique & Maria Perez).
(B) ACCEPT FINANCIAL DONATION FROM
SISTER CITY KAGOSHIMA, JAPAN, FOR
HURRICANE RELIEF.
42.
SECOND READING ORDINANCE: AMEND 11000
ORDINANCE
280-282
ATLAS -- CHANGE DESIGNATION AT 1725
11019
N.W. 17TH STREET FROM R-2 TWO-FAMILY
10/22/92
RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL (Applicant: Juan & Maria I.
Sanchez, Enrique & Maria Perez).
43.
CONTINUE ALL AGENDA ITEMS NOT TAKEN UP
M 92-692
282-283
(PZ-13, PZ-14, PZ-18, PZ-19, PZ-21, PZ-
10/22/92
22, PZ-23 & PZ-24) TO COMMISSION
MEETING SCHEDULED FOR NOVEMBER 12TH.
•
•
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 22nd day of October, 19929 the City Commission of Miami, Florida,
met at its regular meeting place 1n the City Hall, 3500 Pan American Drive,
Miami, Florida in regular session.
The meeting was called to order at 2:11 p.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
ALSO PRESENT:
ABSENT:
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
Commissioner Victor De Yurre
An invocation was delivered by Mayor Suarez, then Vice Mayor Alonso led
those present in a pledge of allegiance to the flag.
1. PRESENTATIONS, PROCLAMATIONS & SPECIAL ITEMS.
(A) SPECIAL AWARD TO CITY OF KAGOSHIMA, JAPAN FOR THEIR GENEROUS
CONTRIBUTION TO MIAMI IN CONNECTION WITH HURRICANE ANDREW.
Mayor Suarez: We have one very pleasant, profitable, ceremonial item, and it
involves our sister City of Kagoshima and I know we have an unholy alliance
here with two airlines that are involved in making it possible for one of our
staff people, along with Commission Miller Dawkins to go back to Japan. He is
going to do it long distance. Delta and Japan Airlines both here and we have,
I gather, from looking at this design, something rather startling by way of a
sign of our gratitude for what Kagoshima is doing to help the people of Miami
in the aftermath of Hurricane Andrew, and Virgilio, if you had anything to do
with this, as Chairman of Protocol Commission, the City of Miami, this is
magnificent. This is beautiful and it is great.
1 October 22, 1992
Commissioner Dawkins: OK. When we negotiated a sister City agreement with
Kagoshima we didn't think it would come to what we have now. Our sister City
in Japan, hearing how Hurricane Andrew did damage to us, the first time they
collected $10,000 and sent it to us, and now I understand they have another
check for $34,000 to assist us to rebuild Miami. Now this is not the We Will
Rebuild, this is the rebuild. OK? So, this Commission will decide what to do
with the $34,000. I think we will take it to rebuild the Japanese Gardens,
and we, this Commission, would like to say to all of our sister City family in
Japan, we are grateful and we hope that something like this never happens to
them.
Mayor Suarez: The token of our appreciation is a very nice plaque that reads
as follows, "To the city of Kagoshima, Japan and its people..." It is a very
similar city to Miami, southern -most city in Japan. 11In grateful recognition
of your most generous contribution towards Hurricane Andrew relief efforts,
we hereby present this plaque as a symbol of our heartfelt appreciation and
friendship. Presented by the Miami City Commission. October 22, 1992." I
think we should have presented this two days ago. We will make it today.
(APPLAUSE)
Commissioner Dawkins: I don't know why Miriam and Plummer are standing away.
They are next ones to go to Japan, not me. These two here.
Vice Mayor Alonso: We would love to.
Commissioner Plummer: Is Delta flying to Japan?
Unidentified Speaker: Sure. We have been flying to Japan for many years.
Despite what Mike might tell you.
Commissioner Plummer: I didn't know that you were flying to Japan.
Mr. T. Mizunoura: On behalf of the people of Kagoshima I would like to
present this check to our sister City, Miami, to rebuild your beautiful City.
Commissioner Plummer: Yeah. That is why they made it big. Put that one in
your wallet.
Mr. Mizunoura: This is contribute people list.
Commissioner Dawkins: This is the list of the people that contributed. OK.
Thank you very much.
Mr. Mizunoura: I would like to introduce to you. KTS the
sister television station of WSVN Channel 7, they offered $3,000, and, also,
the Chamber of Commerce also offers $3,000, and some of them they came to
Miami with Mayor Kasaki last year May. Some schools, some Junior High School
students, and some Elementary School students. Some of the students they came
to Miami in August.
Commissioner Plummer: That will buy a lot of Sushi.
2
October 22, 1992
Teti all of them how grateful we are, and we really
Mr. Mizunoura: This is the message from Mayor Kasaki of the City of
Kagoshima.
Commissioner Plummer: Hope they don't show the picture of Miller Dawkins at
night.
Mr. Mizunoura: These are letters and pictures from elementary school
students. There are 248 letters from the students.
Commissioner Dawkins: Now I understand why J.L. didn't take them. I have to
answer them.
Vice Mayor Alonso: Maybe they will come over here and vote for you.
Mayor Suarez: We will get them registered.
Vice Mayor Alonso: Yes.
Mayor Suarez: With absentee registration.
Vice Mayor Alonso: They have plenty of...
Commissioner Plummer: It is cheaper than the postage.
Commissioner Dawkins: If you can register them absentee, Carrie Meek will
need them.
Mr. Mizunoura: Same students draw the picture in summer vacation.
Vice Mayor Alonso: Oh, how nice.
Mr. Mizunoura: Present this to you.
Commissioner Plummer: All I want to know is how long did it take you to get
through customs?
Commissioner Dawkins: We got him through with protocol.
Commissioner Plummer: Explain that to customs.
Commissioner Dawkins: Anesta...
Ms. K. Rahill: As Bureau Chief for Kagoshima television stationed here in
Miami I would like to thank the Mayor, and this Commission, for all their
support in the sister City relationship which has helped further our program,
Miami Report, which we air once a month in Kagoshima, Japan, on Miami,
bringing Miami home to the people of Kagoshima, and in the early days, after
the hurricane, when things were still very difficult Commissioner Dawkins was
kind enough to give me an interview, which was aired in September which,
3 October 22, 1992
l certainly, added greatly to inspiring the people of Kagoshima for this great
show of support for our City. I would also like to thank Matthew Schwartz who
is the Chairman of the Miami Kagoshima sister City Committee, who has been
very very supportive all along, and has worked with us very closely, and
continue to do so. So on behalf of Kagoshima television, thank you all very
r much.
Commissioner Dawkins: Is it under $25.00? Thank you very much.
Ms. Rahill: Thank you. Thank you very much.
Commissioner Dawkins: And, Mike, my wife says she appreciates the trip on the
1st but she doesn't care to go.
Mayor Suarez: Ladies and gentlemen, do we need to take action on this fund
that is being created for the City of Miami?
Mr. Odio: Yeah.
Mayor Suarez: What is the action?
Commissioner Plummer: I move we accept it.
Mayor Suarez: Did we need to create a fund or other... Was there a
resolution that went with this?
Vice Mayor Alonso: Yeah, the six eighty... Yeah.
Mr. Odio: There is item 1, no?
Mayor Suarez: Right.
Vice Mayor Alonso: It is in the agenda, isn't it? Isn't this the one that
the...
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2. ACCEPT DONATION FROM CITIZENS OF O'FALLON, MISSOURI, IN CONJUNCTION WITH
O'FALLON NEWSTIME -- ESTABLISH NEW SPECIAL REVENUE FUND: HURRICANE
ANDREW RELIEF ASSISTANCE.
Mayor Suarez: OK. It 1s item 1. All right.
Vice Mayor Alonso: Yes.
Mayor Suarez: Authorize the City Manager to accept the contribution in the
amount of $683.74 from the citizens of O'Fallon, Missouri. A nice city in
Missouri which you probably have heard of a great deal, O'Fallon, Missouri.
Conjunction with the O'Fallon NewsTimes establishing a new special revenue
fund entitled Hurricane Andrew Relief Assistance in appropriating funds for
its operation. Now, we don't need to create one of these for each check that
we receive, obviously, right?
4 October 22, 1992
Commissioner Dawkins: Just one.
Mayor Suarez! All right.
Commissioner Plummer: Move it. We accept it.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not please call the
roll. Read the ordinance.
Mayor Suarez: And, by the way Commissioners, that also... the figure has to
be augmented by another hundred dollars from their own city's chamber of
commerce. Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AUTHORIZING THE CITY MANAGER TO
ACCEPT A CONTRIBUTION IN THE AMOUNT OF $783.74 FROM
THE CITIZENS OF O'FALLON, MISSOURI, IN CONJUNCTION
WITH THE O'FALLON NEWSTIME; ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED: "HURRICANE ANDREW RELIEF
ASSISTANCE", AND APPROPRIATING FUNDS FOR ITS OPERATION
IN THE ABOVE SPECIFIED AMOUNT; FURTHER AUTHORIZING THE
ACCEPTANCE OF FUTURE CONTRIBUTIONS FROM OTHER SOURCES
FOR SIMILAR PURPOSES AND AUTHORIZING THE
APPROPRIATIONS OF ALL SUCH CONTRIBUTIONS FOR THE
OPERATION OF THE REVENUE FUND; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and
Dawkins, for adoption as an emergency measure
requirement of reading same on two separate days,
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 Be Yurre
seconded by Commissioner
and dispensing with the
which was agreed to by the
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Dawkins, adopted said ordinance by the following vote:
5 October 22, 1992
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
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11010.
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.
3. DISCUSSION CONCERNING CITIZENS' COMPLAINTS REGARDING PILES OF DEBRIS
LEFT BY HURRICANE ANDREW.
Mayor Suarez: Item 2. ladies and gentlemen, Commissioners, economic
development... Community Based Organizations...
Vice Mayor Alonso: Mr. Mayor, before we go into that...
Mayor Suarez: Yes, Madam Vice Mayor.
Vice Mayor Alonso: ... there is an item that I would like to address at this
time. It is the trash collection situation in the City of Miami. I did send
a memo to the City Manager and I sent copies to all of you. I am very
concerned about the way the City looks at the present time. I am sure your
offices, the trash collection...
Mayor Suarez: When was that? When did you send the memo?
Vice Mayor Alonso: Yesterday afternoon or this morning.
Mayor Suarez: OK. Because I hadn't seen it. All right.
Commissioner Plummer: No. I just got my copy about 15 minutes ago.
Vice Mayor Alonso: I will ask my staff to bring you a copy.
Mayor Suarez: If you need it.
Vice Mayor Alonso: Mary, would you give copies to...
Mayor Suarez: If not, just tell us what...
Vice Mayor Alonso: Yeah. Actually what it is is in reference to the trash
collection. I have received many phone calls and complaints from citizens
saying that the way the City looks has them very concerned, and worried. It
6 October 22, 1992
has me too. They say that, and I quote from the memo that I sent to you, the
enormous piles of debris on the sidewalks, on the streets, and the citizens
are concerned that the sidewalks are blocked, also the streets. They are
concerned about the potential danger of people who could be injured as a
result of these accidents. Also the the lack of visibility, fire hazard, as
well as health problems that can derive from the enormous amount of trash. I
recognize that the City has been trying very hard to resolve the situation,
and I commend some of the employees of Solid Waste Department for the
tremendous work they have been doing, but I guess that this demands a little
bit more. I am sure the Administration has a plan on how to resolve the
situation. If the City of Miami alone were to have to resolve the problem I
know we don't have the means, but I do understand that FEMA (Federal Emergency
Management Agency) is paying us back for all of the pickup of the trash. What
I need, and I think it is something that your offices, also, have been
receiving quite a bit of complaints. It is some sort of concrete answer when
the pickup is going to take place, the regular pickup. Because in some areas
you had already cleaned the area of debris from the hurricane, but then the
regular pickup didn't follow, so it is piling back again into the same
situation. We have to go back to the normal situation in the City. Some
areas have not received the service since the hurricane. What I need is
concrete information so that the public has information, what to expect, how
it is going to be done. Also I would like to know the number of companies
that you have hired according to the different neighborhoods. Also I have
some concern about whether they are local companies or not. I believe that if
we need additional personnel we should hire local people, rather than continue
to have people that are coming from other areas. Concrete answers to these
problems, and I think that the number of calls that I am receiving demand...
The memo that I sent and, also, some sort of explanation from you so that
they, in turn, can receive the information that is so much needed.
Commissioner Plummer: What I would suggest to you to do, and I think it is...
You know. Because I have been getting your memos. What areas are being
cleaned...
Vice Mayor Alonso: Yeah. But that addresses only to the different areas, but
it doesn't give us, you know, the indication of how it is going to the
neighborhoods.
Commissioner Plummer: The point I was going to try to make. I think that the
best way to handle it, and I am just giving you my idea that we have done
before, is have your garbage pickups take out and put on a deliver for that
particular house when that area will be cleaned. And I think that way we will
do exactly what she is talking about. They will know that, hey, on I'M day my
trash or my debris, barring a storm or rain or broken equipment. I think if
you will let them know that way, that particular house will know that on that
particular day he can expect his debris to be picked up, and I think that is
an excellent way of handling it. We have done it before that way.
Vice Mayor Alonso: Yeah. that is good. Also the regular pickup, for the
entire City of Miami, when is it going to go back to the normal...
Mayor Suarez: Schedule.
Vice Mayor Alonso: ... schedule of collection?
.4
OR
7 October 22, 1992
Mayor Suarez: Well, if you answer that, and Commissioner Dawkins.
Mr. Odio: OK. The idea was we have in... We have hit the City at least
three times, Citywide. We are now north of the river we have contractors in
sectors. They are working there now. The a... We have, except for one area
that we are going to award sometime this week, which is between 37th Avenue
N.W. to 57th Avenue, from Flagler Street to 7th Street N.W. That is the one
area that we have to have a contractor assigned there as soon as Ron gets the
three bids.
Mayor Suarez: OK. The question the Vice Mayor asked is when do you expect to
resume the normal schedule of picking up...?
Mr. Odio: We are trying... We have to go back to normal. It is very slow
because we had areas...
Mayor Suarez: I think it sounds like he doesn't know.
Mr. Odio: ... where we needed all our... We only have 55 trucks from the
City owned, and 22 cranes. What we plan to do, starting next week, is to go
back to the sector... One sector at a time. Phasing in. What we want...
Mayor Suarez: Phasing it in.
Mr. Odio: ... is the contractor to leave it clean...
Commissioner Plummer: Yeah. But let me tell you.
Mr. Odio: ... completely, and then go back...
Commissioner Plummer: The one thing you don't want to do is...
Mayor Suarez: Commissioner Dawkins yields to Commissioner Plummer.
Commissioner Plummer: ... to give people false hopes...
Mr. Odio: No. No I am not.
Commissioner Plummer: ... or bad information. I am sorry. Did Miller want
to talk?
Commissioner Dawkins: No. Go ahead. I'll wait.
Commissioner Plummer: Well, the point I was going to try to bring out...
Commissioner Dawkins: I yield to you.
Commissioner Plummer: ... Mr. Mayor. You know. We all better remember what
Metro is trying to do, and if they are successful we are all going to be in
8 October 22, 1992
4' 1
the jackpot if they stop burning. And they are trying to do that, and they
have already had one meeting on it, and, you know, I don't think anybody likes
the smoke or the burning, but if that is the only way that we can do to get
our streets clean after 30 years of debris overnight... I don't want to give
people false hope that we are going to be there to your house and pick up your
trash or your debris in two weeks. Next week they stop the burning and then
we got to go back and say, hey, you know, well, that is the name of the game.
Mr. Odio: Oh, no.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: I have a problem too, Mr. Manager, but it is not
regular pickup. My problem is with those that we have contracted to pick up.
I do not see an area like the Vice Mayor said, where this week we are going to
work here, next week we work there, and the next week we work there. What I
see is we keep in one area. We pick it up. The people come back and put it
back. They go pick it up. The people put it back, and yet we don't move from
that area. What we need to do, Mr. Manager, is if we clean it, and they put
it back, we leave it until we clean everything, and come back. And I know
that is difficult to say, but we have been able to do it in Coral Gables, I
mean over here where J.L. Plummer lives in Coconut Grove we have done it, so
you should be able to do it out there where I live.
Mr. Odio: Yeah. For instance the advantage of living in the... My street
was picked up twice before, and then the third time, finally, the people are
already putting stuff out again.
Commissioner Dawkins: Yeah. See but mine...
Mr. Odio: ... I mean and I just saw...
Commissioner Dawkins: ... was picked up once, Mr. Manager, too, but from 7th
Avenue to I-95, from 48th Street to 54th Street hasn't been picked up yet.
Mr. Odio: That is what we have that contract...
Commissioner Dawkins: Um-hmm.
Commissioner Plummer: Yeah.
Vice Mayor Alonso: Yeah. This is the address.
Commissioner Dawkins: You are working... See I happen to know you are
working on it. But when the people knock on my door...
Commissioner Plummer: Yeah.
Commissioner Dawkins: ... all they know is that they... And the only thing
that has saved me, is that you guys didn't pick it up on my street put once.
Vice Mayor Alonso: Mine too.
9 October 22, 1992
Mr. Odio: The ones we... The one logistical... really serious problem we
had... We have now two burn sites, and we are trying to open a third. That
is the backup that we... We cannot... If you add more trucks you wouldn't
accomplish anything because we couldn't burn...
Commissioner Dawkins: What do you do, Mr. Manager, as Commissioner Plummer
says, in the event that the mother hen, Dade County, decides we can't burn any
longer? What are you going to do?
Mr. Odio: Maybe I should put this on the record. I told my friend, Tony
Clemente...
Commissioner Dawkins: No, no, no. Don't put that on the record. Do not put
that on the record. No, sir.
Mr. Odio: You don't want me to put that... Because I was going to keep on
burning.
Commissioner Dawkins: No, no, no. Don't put that on the record.
Mayor Suarez: All right. It was a rhetorical question then.
Vice Mayor Alonso: Yeah. How much money have we received from FEMA, and how
much are we suppose to receive for these services?
Mr. Odio: Well, the way you operate with FEMA ...
Commissioner Plummer: A little bit but not enough.
Mr. Odio: ... they have allow us, no, no, they have allowed us up to a
number...
Commissioner Plummer: A little bit, and not enough.
Mr. Odio: Well, we have approval, and we have to get all the projects to them
for six months of cleanup, and if we couldn't finish in six months they would
approve another six months.
Commissioner Plummer: That is not what she asked you.
Mr. Odio: We have approval...
Commissioner Plummer: How much have you got in hand?
Mr. Odio: ... up to 21 million... No. In hand we have been reimbursed by
FEMA about seven some million dollars, reimbursed.
Vice Mayor Alonso: About seven.
Mr. Odio: Yeah. We have another two million...
10
October 22, 1992
�9
r
r
F
i
Vice Mayor
Alonso:
They send to us five million
first...
Mr. Odio:
And then
two...
Vice Mayor
Alonso:
And then two.
Mr. Odio:
... and
now we are getting another
two, that will be a total of
nine. We
have permission to spend up to 21
million in the period of six
months.
Vice Mayor
Alonso:
But they will reimburse us...
Mr. Odio: All of it...
Vice Mayor Alonso: ... the total amount that we use...
Mr. Odio: All of the contractors.
Vice Mayor Alonso: ... to collect the trash related to Andrew, or what?
Mr. Odio: Related to Andrew, yes.
Commissioner Plummer: That they approve.
Mr. Odio: That they approve.
Commissioner Plummer: That they approve. That is a very key point.
Mr. Odio: It has to go to them first.
Commissioner Plummer: If we don't get their approval, or we circumvent their
approval...
Mr. Odio: We won't get paid.
Commissioner Plummer: ... they will not pay us.
Vice Mayor Alonso: All right. Then I am sure we have a plan...
Mr. Odio: Yes.
Vice Mayor Alonso: ... of how much it is going to cost us at the present
time.
Mr. Odio: Yes.
Vice Mayor Alonso: Do you believe that it is going to cost us the 21 million
that you said? Is that enough?
Mr. Odio: Including burning.
Mr. Ron Williams (Assist. City Manager): We think that that is a good
estimate at this point, Vice Mayor. But I must say that we are probably a
third of the way into this process. We are probably, after two months, about
a third of the way toward a six month project.
11 October 22, 1992
;n-
I%
Commissioner Plummer: Well, let me tell you what you better do.
Mr. Williams: So, we are really not... We think we have got good estimates.
Commissioner Plummer: No. She is making a good point, and let me tell you
what I want to expand on that point. I am noticing, in my neighborhood, that
people are now putting out everything they want to put out, and the debris has
been picked up, and now they are putting out couches, and they are putting out
chairs,...
Mr. Odio: That is part of the... No. No.
Commissioner Plummer: ... and they are putting out refrigerators...
Commissioner Dawkins: Building materials...
Commissioner Plummer: ... and what I am saying to you is that 21 is for
debris...
Mr. Odio: No.
Commissioner Plummer: ..4 it is not going to cover the extra additional
tonnage.
Mr. Odio: It covers, if you have stuff in your house that was damaged by the
hurricane. If you had your furniture damaged, and they put it out there, we
have to pick it up. They understand. They did... We took aerial pictures...
I don't know if you have seen them. We took aerial pictures of the City
before Hurricane Andrew, and took every sector of the City, and after. And
based on the pictures, and personal tours that they took, they gave us six
months and the amount of money, but we have to go to them before we allocate
any contract.
Commissioner Plummer: You better get it before November the 3rd.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: To piggy -back on to what Commissioner Alonso said, Mr.
Manager. If this is a six month project, how do I ensure that the local
truckers, and the local contractors get the money, and the out of towners
leave the City of Miami? Now, they can work in the County all they want.
Mr. Odio: Well, they are not working in the City.
Commissioner Dawkins: But how do I do that so that the money that is being
made will be made by City of Miami residents or businesses?
Mr. Odio: Well, what we have done...
Mayor Suarez: And a follow-up question to that. In these negotiated bidding
processes where you take three bids, are you giving a ten percent (10%)
preference to local bidders?
12 October 22, 1992
Mr. Odio: We have.
Commissioner Plummer: Yes.
Mr. Odio: Yes, we have.
Commissioner Plummer: That prompted one of the protests.
Mr. Odio: We had a protest but we stuck to the fact that they were local, and
we were going to use them. FEMA has to approve that, and they did approve
that. Because if we go... We have to go on three sealed bids, and FEMA will
only pay the low bidder. If you choose to give it to the third bidder you pay
the difference out of your own pocket.
Mayor Suarez: So the risk is we will have to pay the ten percent (10%).
Mr. Odio: No. We didn't. We got it approved.
Mayor Suarez: So far you worked it out. Are you telling us, because in
response to the Vice Mayors questioning, I thought you were telling us that
every single street in the City has been picked up at least once since the
hurricane.
Mr. Odio: At least once, yes.
Vice Mayor Alonso: No.
Mayor Suarez: No way.
Vice Mayor Alonso: I am sorry.
Mr. Odio: At least once.
Vice Mayor Alonso: I am sorry. No way.
Commissioner Dawkins: No way.
Vice Mayor Alonso: No way. No.
Mayor Suarez: No, I mean...
Mr. Odio: You remember... Wait. Wait.
Mayor Suarez: ... we are not experts but you can see piles...
Vice Mayor Alonso: No way.
Mayor Suarez: ... that have been there for the entire duration.
Vice Mayor Alonso: No way, or do we live in a different City?
Mr. Odio: But you remember...
Vice Mayor Alonso: No.
13 October 22, 1992
z:^
Ak
Mr. Odio: .,. that the streets were blocked and we had public work crews the
day of the hurricane, on Monday afternoon, going with chain saws to... We
clean them up once from the street, yes.
Mayor Suarez: The simple question is are you saying that every single street
has been picked up of debris? There is no possible way.
Vice Mayor Alonso: No. No.
Mayor Suarez: I mean I can tell you areas right up here around 32nd Avenue,
both sides...
Mr. Odio: 32nd Avenue, no, has been cleaned up now.
Mayor Suarez: ... have not been picked up. Areas in Allapattah haven't been
picked up. Wynwood it is a...
Commissioner Dawkins: Little Haiti, Wynwood, Model City...
Commissioner Plummer: Cesar, Calusa, Washington, Jefferson...
Vice Mayor Alonso: Definitely...
Commissioner Plummer: From Tigertail to Dixie has not.
Vice Mayor Alonso:...all through the City you will find areas...
Mayor Suarez: Sir, we just said Wynwood, so you are agreeing with us except
you are doing it in violation of our procedures.
Vice Mayor Alonso: Yeah.
Mr. Williams: Well, I think the Manager's response is that, certainly, we
have been through those streets. It may have been nothing more than...
Mayor Suarez: You mean you drove by and you waived at the people.
Vice Mayor Alonso: You opened the streets.
Commissioner Dawkins: Or you drove through and you said I see the trash.
Mr. Williams: No, Mr. Mayor. No, Mr. Mayor.
Mayor Suarez: What does that mean?
Mr. Williams: We went through to clean the debris from...
Mayor Suarez: You tried to you mean.
Mr. Williams: ... the right of way so that traffic could pass.
Mayor Suarez: Oh, OK.
14 October 22, 1992
Vice Mayor Alonso: Open the streets, yes.
Mayor Suarez: From the street itself, but not from the right of way, not from
what we call the parkways if I have the term correctly, and the sidewalks in
some cases.
Vice Mayor Alonso: We have a different understanding of what is the pickup
from them saying they opened...
Mr. Odio: But it is the same equipment.
Vice Mayor Alonso: ... the...
Mr. Odio: See it is the same equipment the problem is we had to have the
streets... The first thing we had to find was the streets that were totally
blocked.
Vice Mayor Alonso: Oh, yeah.
Mr. Odio: So we had to come in and cut the trees with chain saws. Pick it up
and put it on the side so we had time to get the traffic through, and then
come back behind it and pick it up. The amount of debris according to FEMA,
not mine, the estimated was seven and a half years of... An equivalent of
seven and a half years.
Vice Mayor Alonso: So if that is the case, definitely, 21 million will not be
enough.
Mr. Odio: That 1s the first estimate.
i Vice Mayor Alonso: So we better go back to them and let them know that this
is not enough so that... We plan that we have to pick up this debris, and
people are getting very impatient. They have been waiting... Some of them...
Especially the people that they haven't been in their area not even once.
Mr. Odio: Commissioner, we went...
Vice Mayor Alonso: They feel left out, and they have every right in the
world...
Mr. Odio: But to give you an example of what we are facing...
Vice Mayor Alonso: ... to request that we pay attention.
Mr. Odio: I had a Stewart Street... Stewart Street is between Douglas and
the ocean. Stewart Street we cleaned now completely. I went in there now,
and in one corner, in one corner lot we had already taken about ten truck
loads this morning, and the whole street is full of all the junk from inside
the houses again. So if people are going to do that they have to be
understanding that we have certain areas of the City that we have not picked
up :the trees yet. Now they are putting out all the debris from the
construction. Roofs, their old furniture, everything is being lined up over
there.
15 October 22, 1992
Vice Mayor Alonso: Yeah. But what...
Commissioner Dawkins: Well, Mr, Manager, I would like to tell you that we
cleared the lot down here in front of Bayside, that is in front of City Hall.
You took all of the debris off of it. I want you to take all of the debris
out of my neighborhood, off of Bobby Maduro Stadium. I want that lot in my
neighborhood to look just like that lot looks down there in this neighborhood.
Now I don't know how we are going to do it. I don't where we are going to put
it. But don't dump no more stuff on that pile. And, Mr. Manager, I don't
know what to do because you already told me we that we got trucks backed up on
the bridge...
Mr. Odio: Well...
Commissioner Dawkins: ... and they are backed up from bumper to bumper.
Mr. Odio: No. We have to act...
Commissioner Dawkins: But if you don't move it now, and you can't burn, it is
going to be there for the next five years.
Mr. Odio: We are going to truck it out of there.
Commissioner Dawkins: When?
Mr. Odio: We are trying to do that.
Mr. Williams: We are expecting, Commissioner, within the next week to start
trucking that out of there. We have to...
Commissioner Dawkins: And give me an expected day...
Mr. Odio: Bobby Maduro, we use that as a stock pile.
Commissioner Dawkins: ... hour and what have you.
Mr. Williams: Before the end of next Friday we will start the process.
Commissioner Dawkins: Before the end of next... No, no, no. You all got to
do better than that. No, no, no. You start the beginning...
Mr. Williams: A week from tomorrow.
Commissioner Dawkins: ... of next Friday. That is Saturday, that is Sunday,
you don't do nothing, and Monday we start putting the paper work together.
Mr. Odio: We are working Saturdays and Sundays, Commissioner.
Mr. Williams: We will start the process before the end of next week.
Commissioner Dawkins: Where are you going to take it, Mr. Williams?
Mr. Williams: We are going to take it to Virginia Key.
16 October 22, 1992
a�
4
Commissioner Dawkins: Beg your pardon?
Mr. Williams: Virginia Key.
Commissioner Dawkins: When you get it to Virginia Key where are you going to
put it?
Mr. Williams: We are going to burn it.
Mr. Odio: We are going to burn it. We... I will ask the...
Commissioner Dawkins: OK. Mr. Mayor, I think we need to move it.
Mayor Suarez: All right.
Mr. Odio: ... Commission permission and to tell the City... If the County
tries to stop burning that we need to talk some...
Mayor Suarez: No. Let's not... We don't have that scenario yet. Let's...
Vice Mayor Alonso: Can we expedite the process since we have this concern?
Can we expedite the process?
Mr. Odio: We have...
Vice Mayor Alonso: Hire more companies. Pick up the trash, and see if we can
get ahead.
Mr. Odio: We are adding a burning site. That means that we would have three.
Commissioner Dawkins: We need to... We need two, Mr. Manager.
Mr. Odio: We have two operating now.
Commissioner Dawkins: But we need two more.
Vice Mayor Alonso: Two more.
Mr. Odio: We need to expedite...
Commissioner Dawkins: Yeah. We need to try for a second one.
Commissioner Plummer: And they are not talking about issuing new permits.
They are talking about taking away present permits.
Vice Mayor Alonse: That is why we have to expedite the process.
Mr. Odio: We have to...
Commissioner Dawkins: OK. I have two pocket items when we get to them
please, Mr. Mayor.
Commissioner Plummer: I likewise have two.
17 October 22, 1992
N
Mayor Suarez: All right. Quickly, on...
Vice Mayor Alonso: Thank you.
Mayor Suarez: ... any emergencies you may have. Commissioner Dawkins.
----------------------------------------------------------
NOTE FOR THE RECORD: At 2:38 p.m., Commissioner De Yurre
entered the meeting".
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4. (A) MAKE AVAILABLE TO CITY OF OPA-LOCKA UP TO 15 SURPLUS VEHICLES TO
ASSIST IN THEIR CRIME FIGHTING EFFORTS.
(B) MAKE AVAILABLE TO CITY OF OPA-LOCKA SURPLUS POLICE RECORDERS TO
ASSIST IN THEIR CRIME FIGHTING EFFORTS.
------------------------------------------------------------------------------
Commissioner Dawkins: Commander Davis, will you come to the mike please, sir?
We have Commander Davis of the Opa Locka Police Department. Bring the other
fellow who used to work with you before you retired also up here. Commander
Davis is one of our City of Miami products. It looks like everybody we train,
they go some place else after they retire from us, but the City of Opa Locka
has asked if we could relieve their problems with some of the surplus vehicles
that we are taking out of service. We have not, Mr. Williams... We have not
taken any out of service. When do we plan to take some vehicles out of
service and replace them with new ones?
Mr. Odio: We have a bid coming up but I need to talk to Mr. Cotera back there
because we were going to piggy back on the County's Caprice, the Chevrolets.
I have seen the new patrol cars that have come out. They are the Ford Taurus
and the Crown Victorias, and they are better cars than what we have. The
Caprices are...
Commissioner Plummer: Hey. Wait a minute. I thought we were leasing cars.
Mr. Odio: We are leasing.
Commissioner Plummer: Well, if we lease cars, than what is there to give away
if we lease them?
Mr. Odio: I mean... We are looking...
Commissioner Dawkins: No. OK. Wait a minute now.
Mr. Odio: No, no. The old ones are not leased.
Commissioner Dawkins: Wait. What is... OK. Leases for how long? Leases
for how long?
Mr. Williams: Lease purchase...
18 October 22, 1992
Mr. Odio: No, but the ones that we are getting back, Commissioner, are not
leased.
Commissioner Dawkins:
Leased the car for how long?
Mr. Williams: It is lease purchase, Commissioner. Usually a three year
period of time...
Commissioner Dawkins: And after the three years you purchase it and do what
with it?
Mr. Williams: No, after that period of time, essentially, the City owns it,
and we either use it in nonemergency service, auction it off...
Commissioner Dawkins: Al right. What is the leased price for the three
years?
Mr. Williams: The estimated price, I think, is for each car, it works out to
about $12,600 per year.
Commissioner Dawkins: All right. And you purchase it...
Mr. Williams: I am sorry, total cost.
Commissioner Dawkins: ... for what, Mr. Williams?
Mr. Williams: Twelve thousand six hundred total. I am sorry.
Commissioner Dawkins: And you buy it for what, Mr. Williams? When you
purchase them new, you buy it for what?
Mr. Williams: It is the same price.
Commissioner Dawkins: So what do we gain... I mean...
Mr. Williams: It is a lease purchase financing mechanism, Commissioner.
Commissioner Dawkins: You are creating a bureaucracy. You don't...
Mr. Odio: The difference, Commissioner, 1s simple. Before you had to have up
front $12,000. On the lease purchase you don't have to have monies up front.
That is the difference.
Commissioner Dawkins: All right. OK. Mr. Williams, and the Manager, I make
a motion that we make available to the City of Opa Locka... How many vehicles
you looking for Commander?
Commander Davis: We need 30.
Commissioner Dawkins: Thirty?
Commander Davis Yes, sir.
Commissioner Dawkins: We only have...
19
October 22, 1992
Commissioner Plummer: Thirty?
Commissioner Dawkins: We are going to give them up to... We are going to let
them have up to 15, and a...
Commissioner Plummer: I'll second the motion but I have got to ask a
question.
Commissioner Dawkins: Go ahead.
Commissioner Plummer: The reason that we are getting rid of these police cars
is because we deem them to be unsafe for our policemen. If we have deemed
them to be unsafe for our policemen, are we doing Opa-Locka a favor?
Mr. Odio: Yes.
Commissioner Plummer: I don't think so.
Mr. Odio: Yes, we are because...
Commissioner Plummer: Why is it unsafe for my policemen, but it is not unsafe
for his policemen?
Mr. Odio: Because...
Commissioner Dawkins: Well, it is probably because, and I don't know...
Commissioner Plummer: Well, I...
Commissioner Dawkins: But when you don't have anything. Anything that you
end up with is better than nothing. That is number one, and number two, Opa-
Locka is a smaller area to patrol, therefore, there is not that much wear
and... I don't know, J.L.
Commissioner Plummer: Well, I...
Commissioner Dawkins: I don't know.
Mr. Odio: J.L., it is...
Commissioner Dawkins: If they want them... I mean...
Mr. Odio: We have different standards because...
Commissioner Dawkins: No. No. Don't get into that, Mr. Manager.
Mr. Odio: All right. Placement standards are different.
Commissioner Dawkins: Yeah. That is all. Don't... See... All it is is
that we have a better union than they have, and the FOP (Fraternal Order of
Police) said they don't want no car that has got "X" number of miles on it,
and the one in Opa-Locka does not say that. It is just that simple.
20 October 22, 1992
.• if �. XNxvafml��a(bYr'�uYevt,Fh{k�,�4JRFl 1 � N(` �S
}
Mayor Suarez: For once he agrees with you. All right. Moved and seconded.
Any discussion? If not, please call the roll. These are as they become
available I presume.
Mr, Odio: Yes, sir.
Commissioner Plummer: Of course, it has got to be surplus.
Mayor Suarez: Lieutenant.
Commissioner Dawkins: No, no. I got something. Now let's get...
Mayor Suarez: We are not even started yet on the agenda. We are barely
start... Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-673
A RESOLUTION CLASSIFYING UP TO FIFTEEN (15) SURPLUS
POLICE PATROL SPECIFICATION CARS AS CATEGORY "A"
STOCK. SHOULD SUCH CARS BECOME AVAILABLE AS SURPLUS
CITY STOCK; FURTHER DONATING THE SAME TO THE CITY OF
OPA-LOCKA, FLORIDA, SUCH DONATION TO BE VALID AND
EFFECTIVE BETWEEN OCTOBER 23, 1992 AND OCTOBER 22,
1993, UPON THE EXECUTION OF THE APPROPRIATE RELEASE
DOCUMENTS; SAID VEHICLES TO BE USED BY THE CITY OF
OPA-LOCKA, FLORIDA, IN ITS EFFORTS TOWARD DETERRING
CRIME.
(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 Aionso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Commissioner Dawkins: We have a tape recorder as surplus that they need
immediately. I move that we make it available to them now, please.
Lt. Joe Longueira: Yeah. For communications backup.
Commissioner Dawkins: Go ahead. Go ahead. Tell us what it is.
Z1 October 22, 1992
01-11,
T
L
Commissioner
Plummer: Well
now hold on. I will
second the motion...
Commissioner
Dawkins: Don't
have no discussion.
Go ahead.
Commissioner
Plummer: ... but
under discussion you
know it 1s out of service,
It is not being
replaced by
the one we bought at
the last Commission meeting,
because that
is going into the
Central Dispatch.
Lt. Longueira: This one has
been out of service
for a tong time, sir.
Commissioner
Plummer: It is
out of service?
Lt. Longueira: Yes, sir.
Commissioner Plummer: It is not being used?
Lt. Longueira: Yes, sir.
Commissioner Plummer: OK. What about tapes?
Lt. Longueira: No. Just the recorder we are giving them.
Commissioner Plummer: Are they aware what those tapes cost? A 24 hour tape?
You know it tapes 40 phones at the same time.
Commander Davis: Yes, sir, we are aware of it.
Commissioner Plumper: OK. They are expensive items.
Mr. Odio: You forget our Chief use to work here.
Commissioner Dawkins: Well they can buy tapes easier than they can try to buy
the recorder and the tapes.
Commissioner Plummer: Wait till you start ... try maintenance on a old piece of
equipment.
Mayor Suarez: Of course, on the item before us...
Commissioner Plummer: That is why we took it out of service.
Mayor Suarez: ... the particular piece of equipment has been moved and
seconded. Call the roll.
22 October 22, 1992
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-674
A RESOLUTION CLASSIFYING ONE (1) SURPLUS RECORDER AS
CATEGORY "A" STOCK, SHOULD SUCH RECORDER BECOME
AVAILABLE AS SURPLUS CITY STOCK; FURTHER DONATING THE
SAME TO THE CITY OF OPA-LOCKA, FLORIDA, SUCH DONATION
TO BE VALID AND EFFECTIVE BETWEEN OCTOBER 23, 1992 AND
OCTOBER 22, 19939 UPON THE EXECUTION OF THE
APPROPRIATE RELEASE DOCUMENTS; SAID RECORDER TO BE
USED BY THE CITY OF OPA-LOCKA, FLORIDA, IN ITS EFFORTS
TOWARD DETERRING CRIME.
(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.
Commissioner Dawkins: I have one more, Mr. Mayor.
Commissioner Plummer: You said two. That is the second one.
Commissioner Dawkins: OK. Well, now... That was just one.
Mayor Suarez: This is 2B.
Commissioner Plummer: Oh, oh. OK.
Commander Davis: I just want to say the City of Opa Locka thanks you.
23 October 22, 1992
S. DISCUSSION CONCERNING REQUEST TO HOLD A "ROAD TO REBUILDING" CONCERT BY
BIG VOTE 192 TO BENEFIT AND SUPPORT VICTIMS OF HURRICANE ANDREW -- REFER
TO ADMINISTRATION FOR FINAL DETERMINATION AS TO POSSIBILITY OF HOLDING
EVENT IN BOBBY MADURO STADIUM.
Commissioner Dawkins: Come to the mike, please. You know. Often you hear
them say that the young people in Miami don't attempt to do anything, and then
when the young people attempt to do anything, people like Alvah Chapman and
Ray Goode and all get in the way, and say they don't need to do anything.
That is all, Commander. All right. We have a group here who...
Commissioner Plummer: Ali Baba.
Commissioner Dawkins: ... would like to attempt to raise money, and I am not
going to say rebuild Miami, but to provide some of the things that are
necessary and needed to people of color, especially, and to anybody who needs
it. But they want to do it in their manner so that young people get credit
for it, and what have you. So they would like to use the Orange Bowl. They
would like for us to cosponsor this project where they are going to attempt to
raise money, and would you tell us about it in less than five minutes.
Mr. Ken Watson: Five minutes or less. Thank you, Commissioner. My name is
Ken Watson. I am the Executive Director of Big Vote 192, and I would hope
that the Commissioners did receive some information about our benefit concert
that we would like to do at the the Orange Bowl. We are a group here and I
would like to introduce them very quickly. This is Ms. Denise Baker. She is
our Special Events Coordinator. This is Arthur Blair. He is our
Entertainment coordinator, and this is Eric Ward. Everyone here is very
committed...
Commissioner Dawkins: Tell them Mr. Eric Ward has his own company. Tel
them.
Mr. Watson: That is correct. As a matter of fact we all have our own
companies. We have formed a coalition with several organization in our
community including the NAACP (National Association for the Advancement of
Colored People), the SCLC, MMAP (Metro Miami Action PLan) and a couple of
other organizations to do a benefit concert at the Orange Bowl, if approved by
this distinguished Commission, what we will raise... We are trying to raise
one million dollars to support the people who have gone through the disaster
in the south. Now, the Commissioner was correct. We are, specifically,
trying to support people of color but we will help anyone in need. We would
like the City to cosponsor 1t by facilitating... As a matter of fact, Denise
has some information that may be useful to you as I go through this
presentation. We have gotten national artists from across the country to
donate their time. We have over a million dollars of in kind services donated
by different businesses and organizations that are supporting this particular
project as well. This is the beginning of the process. We would like to form
a fund that would be ongoing, including...
24 October 22, 1992
Mayor Suarez: Is this...? Let me cut through this a little bit.
a day that the Orange Bowl would not otherwise be used?
Mr. Odio: We have a Hurricane game, I.think.
Mr. Watson: There is a...
Vice Mayor Alonso: November 7...
Mr. Odio: The University of Miami plays there.
Is this on
Mayor Suarez: OK. You have to work it out so it is a day when the bowl would
not otherwise be used.
Mr. Watson: OK. It is a high school football game. I spoke to Max and
Michelle at the -stadium. They have a high school football game
that has been rescheduled simply because the facility that they normally use
had hurricane damage. So I would like to, and I have gotten permission to do
this, to speak to the high schools to see if we can reschedule them a location
on that particular day, and it is important that we use the 7th simply because
this is the second rescheduling of this event. And the artists, as you can
see, there is an extensive list of national artists.
Commissioner Plummer: When did high schools start playing back in the Orange
Bowl?
Mr. Watson: After the hurricane because of the...
Commissioner Plummer: Oh.
Mr. Watson: This is the second...
Mayor Suarez: OK. Whatever we do it has to be contingent on that being
resolved. We don't want to take one preference over another I don't think, up
here.
Mr. Watson: And one of the things that Ms. Ambey suggested is Bicentennial as
a second facility to do it in.
Mayor Suarez: Yeah. And remember the Orange Bowl is a huge place.
Vice Mayor Alonso: I was just going to say that.
Mayor Suarez: If you don't fill it, you know, the artists may or may not
be...
Mr. Watson: That is what she said.
Mayor Suarez: Right.
Mr. Odio: Bobby Maduro...
Mr. Watson: That facility is not ready yet. The press box sustained damage
in the storm.
25 October 22, 1992
Mayor Suarez: all right.
Commissioner De Yurre:
about?
Mr. Odio: November 7th.
If you want our motion of general support...
What is the high school game that we are talking
Commissioner De Yurre: What is the game?
Mr. Odio: At the Orange Bowl.
Commissioner De Yurre: Who is playing?
Mr. Odio: I have no idea. I can find out.
Mayor Suarez: All right. If you want to...
Commissioner De Yurre: Because I have been getting calls from Miami High all
week long and I couldn't get back to them so I wonder if that is why they were
calling.
Mr. Odio: What happened, Commissioner, is the director of the high schools
called to see if we would make the Orange Bowl available if the Hurricanes
didn't object.
Mayor Suarez: We gather that we did that, Mr. Manager...
Mr. Odio: And we did that...
Mayor Suarez: ...and that is fine.
Mr. Odio: ... but I don't know who is playing.
Mayor Suarez: I don't think that anybody has any quarrel with that. We just
don't want to schedule ourselves into a conflict. We have had those. If the
motion...
Vice Mayor Alonso: Contingent to...
Mayor Suarez: ... is... Right, contingent on you resolving that conflict and
the availability of the facility, so we wouldn't otherwise lose...
Commissioner Plummer: May I ask a few questions?
Mr. Watson: Yes, sir, please.
Commissioner Plummer: Yeah. Is this a nonprofit organization?
Mr. Watson: Yes, sir. Big Vote 192 is a registered nonprofit organization
with the State.
Commissioner Plummer: Cellular [sic] Door is not.
26 October 22, 1992
Mr. Watson: Cellar Door is not. Cell Door is...
Commissioner Plummer: And how much is Cellular [sic] Door making out of this?
Mr. Watson: Cellar Door gave us a contract but we will not pay Cellar Door to
participate in this event.
Commissioner Plummer: Well, it is part of your scenario you just handed me.
Mr. Watson: That is not a contract there. What they did there was made
available to us a list of the artists that they did not use at Gloria's event,
and made that list available to us to facilitate using it. What you have in
front of you there, is a contract for insurance.
Commissioner Plummer: Are you giving this Commission at least ninety percent
(90%) of this money that is raised will go to the relief fund?
Mr. Watson: What we are doing... Any expenses raised... Everything raised
at this concert will go to the relief fund.
Commissioner Plummer: But...
Mr. Watson: Not including expenses.
Commissioner Plummer: Well, how much are the expenses is what I am trying to
get at that is...
Mr. Watson: Right now the sound...
Commissioner Plummer: And who controls that?
Mr. Watson: ...the sound, the stage... The venue is included in our budget,
if it is not given to us here. The sound and stage and the other
miscellaneous expenses include about $50,000 right now. And those are from
professionals, including Garret Sound.
Commissioner Plummer: That includes the entertainment.
Mr. Watson: Entertainment is free. They are donating their time.
Commissioner Plummer: So, in other words, expenses will not exceed $50,000?
Mr. Watson: At this point expenses haven't exceeded $50,000. Now, let me say
this, Commissioner. The entertainers are donating their time. We have hotels
donating the lodging and food.
Commissioner Plummer: OK.
Mr. Watson: We have limousine companies donating the limousines to move them
back and forth. We have airlines, including American Airlines and Delta,
donating flying them in. So, there is a lot of work that has already been
done for this process.
27 October 22, 1992
�4
Commissioner Plummer: My final question. Mr. Manager, what have you done to
assure that the turf in the Orange Bowl will not suffer any damage?
Mr. Odio: Nothing yet. But...
Commissioner Plummer: Well, I think... They are having it during football
season, as you know...
Mr. Odio: No.
Commissioner Plummer: ... most of the concerts have always occurred...
Mr. Odio: I am going to work with them.
Commissioner Plummer: ... in the off season, and I am concerned that if you
do what you have done in the off season, by putting down plywood...
Mr. Odio: No. We can't put plywood.
Commissioner Plummer: Well, then you are not going to be able to allow them
to be on the field.
Mr. Odio: I would rather work with them and see if they would prefer
Bicentennial Park since we are going to have problems moving the game.
Commissioner Plummer: Well, Bicentennial Park, I think, would be great.
Mr. Odio: And they have...
Commissioner Plummer: OK.
Mr. Watson: We have no problem with that.
Commissioner Plummer: If it is Bicentennial Park I think you are much better
off.
Mr. Odio: Or Bayfront Park Amphitheater.
Commissioner Plummer: No. Bayfront Park won't do it for them because we are
maxed out at 4,000.
Commissioner Dawkins: They will accept Bayfront, I mean Bicentennial.
Mr. Watson:- Bicentennial Park.
Commissioner Dawkins: Let's go with Bicentennial.
Mr. Watson: For sure.
Commissioner Plummer: The only problem you have... Is this by donation or by
gated?
Mr. Watson: I am sorry. Say again.
28 October 22, 1992
77777ai�x'✓M1' .-.
$ �•
Commissioner Plummer: Is this a gated event, or is it by donation?
Mr. Watson: It is a gated event.
Commissioner Plummer: Then your problem with Bicentennial, I mean, you better
know it, is that you got to pay to put up a fence.
Mr. Odio: The reason I asked you...
Commissioner Plummer: There is no fence around.
Mr. Odio: That is why I asked him... Bobby Maduro could be arranged because
you have a permanent stage.
Mr. Watson: OK.
Commissioner Plummer: A permanent stage in Bobby Maduro.
Mr. Odio: And you are going to save the staging part of it. And if this is
relief effort why don't you do it there. You don't have to use the press box.
Commissioner Plummer: You got the natural background.
Mr. Watson: I like that background.
Mr. Odio: Well, that is all right. We can clean it up by then.
Mr. Watson: The only reason...
Mr. Odio: You told him you were going to clean it up by then.
Mr. Watson: The only reason we didn't opt for Bobby Maduro is because we were
told that the facility wasn't ready, but we have no problem.
Mr. Odio: Why don't we look at it.
Vice Mayor Alonso: But it could be ready for November 7th.
Mr. Watson: Sure.
Commissioner Plummer: Yeah. Because you don't need the press box to do a
concert.
Mr. Odio: No. And you need the stage in the back.
Vice Mayor Alonso: As a matter of fact, if we agreed, it should be cleaned
the week before.
Commissioner Dawkins: We need to move on this because we got an agenda ahead
of us.
Commissioner Plummer: OK.
Mr. Watson: OK.
29 October 22, 1992
t
Mayor Suarez: All right. Does anybody want to...
Vice Mayor Alonso: OK.
Mayor Suarez: ... try to frame a motion, or just leave it up to the
Administration to see what they can work out...
Commissioner Dawkins: I move that we refer to the Administration to work...
Commissioner Plummer: Second.
Commissioner Dawkins: .. out and that they keep their expenses under
$100,000.
Mr. Watson: Yes, sir.
Mayor Suarez: Mr. Manager.
Commissioner Dawkins: J.L., you accept that?
Commissioner Plummer: Fine.
Mayor Suarez: Their expenses under $100,000, meaning $100,000 that will come
from where?
Commissioner Dawkins: From them. With whatever...
Commissioner Plummer: No, they are...
Commissioner Dawkins: From the gate receipts that... Whatever the gates
receipts is, that they do not take more than $100,000 form it.
Commissioner Plummer: Their expenses will not exceed $100,000.
Mayor Suarez: OK. Because the motion does not include any expenditure from
the City.
Commissioner Plummer: None what so ever.
Commissioner Dawkins: On, no. None what so ever, Mr. Mayor.
Commissioner Plummer: Except waiver of the rental of the park.
Mayor Suarez: And make sure that the acts and the musicians etc. are, in
fact, obtained by the group, and that they have all of that in place, please.
Mr. Watson: There are confirmation letters in your package.
Mayor Suarez: Very good. Sometimes they have wording. You know, I haven't
looked at them carefully. All right. Moved and seconded. Any discussion?
If not, please call the roll.
30 October 22, 1992
i
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-676
A RESOLUTION RELATED TO THE "ROAD TO REBUILDING
CONCERT", TO BE HELD AT THE BOBBY MADURO BASEBALL
STADIUM BY BIG VOTE '92 ON SATURDAY, NOVEMBER 79 1992;
WAIVING THE RENTAL FEE FOR SAID FACILITY; SAID WAIVER
CONDITIONED UPON THE EXPENSES OF THE EVENT NOT
EXCEEDING $100,000 AND ORGANIZERS PAYING FOR ALL COSTS
OF CITY SERVICES AND APPLICABLE FEES 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 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.
Commissioner Plummer: I have two.
Commissioner Dawkins: Plummer. Plummer had two.
6. APPOINT VICKY LEIVA AND IGNACIO BUSTILLO (ALTERNATE) TO THE
INTERNATIONAL TRADE BOARD.
Mayor Suarez: Oh. Commissioner Plummer. To my left but not... Farther
left...
Commissioner Plummer: Mr. Mayor.
Vice Mayor Alonso: do have a pocket item.
Mayor Suarez: No, no, no, no.
Commissioner Plummer: To the left of Mao Tse-Tung. Mr. Mayor, I have two
appointments to make to the International Trade Board. The appointee is going
to be Vicky Leiva, and the alternate is Ignacio Bustillo.
31 October 22, 1992
c t
Mayor Suarez: Ignacio Bustillo.
Commissioner Plummer: Those are my two, and I so move, sir.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-676
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
AS MEMBER AND ALTERNATE MEMBER OF THE INTERNATIONAL
TRADE BOARD, TO FILL THE REMAINDER OF UNEXPIRED TERMS
ENDING JUNE 30, 1993.
(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.
------------------------------------------------------------------------------
7 DISCUSSION CONCERNING PROPOSED BALLOT QUESTION KN0WN AS "PROPOSITION 10
(SAVE OUR HOMES)" -- COMMISSIONER PLUMMER EXPRESSES SERIOUS CONCERNS.
Commissioner Plummer: I also would like to remember to the rest of you, that
your appointments to the ITB (International Trade Board) will be coming up at
the next Commission meeting, and whether you reappoint or whether you wish to
choosesomeoneelse it will be coming up at the next Commission meeting. Mr.
Mayor, I have a problem here that I think that we need to address, and we need
to do it quickly. Mr. Manager, do you know what proposition 10 is?
Mr. Odio: I think I know. Is that limiting the millage?
32 October 22, 1992
Commissioner Plummer: Yes, sir. Mr. Mayor, I don't think this City has done
a thing to inform our public about something that could be extremely
devastating to this City. There is a proposition on the ballot next November
the 3rd, call Proposition 10, which has been given a nickname of "Save Our
Homes." It is a beautiful nickname, but it limits the City's ability to raise
its taxes, or assessments, by more than three percent (3%) a year. Now, if
that is what the people of this City want, that is fine with me, but I think
the people of this City need to be informed, and be prepared, that if we are
going to be limited that their services are going to be limited or curtailed.
All I am saying is we have not, we the City of Miami, have not done a thing,
to my knowledge, to inform the people of this City, what is, and the
consequences thereof, of proposition 10, and I don't know what we can do at
this late date. But I think that this City needs to do something. If it is
vote for it, Victor, that is fine, but I just think that the people of this
City should know that if they do, and it passes, what, in fact, is going to
happen.
Commissioner De Yurre: Would it be any different from what has happened here
in the last five years? We haven't raised the millage rate one iota.
Commissioner Plummer: It is not the millage, my friend, it is the assessment.
Commissioner De Yurre: The assessed...
Commissioner Plummer: Well, let me give you an example. I just asked Carlos.
This year we have not raised our millage in five years.
Mr. Odio: Seven years. Seven.
Commissioner Plummer: Five years. I am using five. All right. This year
our millage brought in one hundred million dollars. Five years ago our
millage brought in just shy of ninety million dollars. All right. Now, if
that proposition 3 had kicked in, we would not be at a hundred. What I am
saying to you is I can live with whatever the people choose as their say.
Commissioner De Yurre: J.L., ninety... If you...
Commissioner Plummer: But just...
Commissioner De Yurre: ... were at ninety and you go up to one hundred, five
years at three percent (3%) takes you beyond the hundred million, what are you
talking about?
Commissioner Plummer: Victor, it is a sliding assessment. OK. That is the
problem. The people don't know. I have it all here. Now we can't produce
this in mass and send it out to the public. I wish we could because all of
the questions answered, good, bad and indifferent, are contained in this book.
And I am going to send each one of you all a copy of this book.
Vice Mayor Alonso: But ours has not increased more than three percent (3%)
the last few years.
Commissioner Plummer: The a...
33 October 22, 1992
El
Vice Mayor Alonso: Look at the scale...
Commissioner Plummer: The appraisal...
Vice Mayor Alonso:...and you will see that it is not. What it is is that in
certain instances, in certain neighborhoods, it has increased tremendously,
and the truth of the matter is that some of these homes were not really worth
the amount that they are claiming it is. And that is why the people have been
working to get the Save Our Homes bill approved. They tried to pass it in
Tallahassee and failed. The people are fed up, J.L....
Commissioner Plummer: OK.
Vice Mayor Alonso: ... that they use... Let's say we use the assessment
value of the properties in an unfair way to the citizens. That is why they
pay so much taxes.
Commissioner Plummer: Two things...
Vice Mayor Alonso: And they say my home has not increased that much, why
should it be done and used because cities, or counties, or what have you need
money. So they say, hey, increase the value of the properties. It has to
be...
Commissioner Plummer: We don't do that though.
Vice Mayor Alonso: ... in a more equitable way. Areas in which the homes did
not increase one percent (3), they had increases in tremendous value. Very
unfair to the citizens.
Commissioner Plummer: Miriam, all I am saying is I can live with whatever the
people vote for, if they know...
Vice Mayor Alonso: I bet it will pass, I tell you that.
Commissioner Plummer: ... what they are voting for. That is all that I am
saying. OK?
Mayor Suarez: All right, unless there is my motion...
® Vice Mayor Alonso: Of course. Now...
Commissioner Plummer: And there has been no program that I know of put forth
by this City to educate the public.
s
Vine Mayor Alonso: That is right.
Commissioner Plummer: The other fear that has been expressed in Tallahassee,
and let me just give it to you.
Even though the
State law says that all
property shall be assessed at one
hundred percent
(100%) of value, we know
that it is not the case. We know that. We know that the general average that
714-
I have heard is that property along
the average is
sixty-eight percent (68%)
of value. If this passes, you could
see it going to
a hundred percent (100%),
_a
and the whole formula of assessments
could be kicked
out.
a
34
October 22, 1992
Vice Mayor Alonso: Well, the fear also is that the Homestead Exemption, if
something could happen as a result of this, and I am not sure that the wording
on this specific question that has been placed on the ballot protects us
enough. And that is one concern that I have.
Commissioner Plummer: I just...
Vice Mayor Alonso: The law as presented in Tallahassee, yes it was, we had
the protection, but here the way it was collected, the signatures and placed
on the ballot, that could trigger something else, and in that you have an
excellent point.
Commissioner Plummer: Well.
Vice Mayor Alonso: Yeah.
Commissioner Plummer: Just for you also, and I will give it to you briefly.
The Florida League of Cities, your Florida League of Cities, is sponsoring a
petition that says cities be able to have the ability to set their own
taxation at a referendum. It is a very interesting concept, and I will be
sending all of you materials. That if you wish to go to a referendum with any
concept that you want, as long as your people approve it, it is approved. If
they don't, then you revert to back where you were. So it is an interesting
concept that could be coming up.
8. GRANT REQUEST BY JUNIOR CHAMBER OF COMMERCE (JCI WORLD CONGRESS MIAMI,
INC.) FOR WAIVER OF USER FEES IN CONNECTION WITH "U.S.A. NIGHT" EVENT TO
BE HELD AT BAYFRONT PARK.
------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, I have one other item that I would like to
address this Commission with. Junior Chamber of Commerce is coming here in
convention. They will be bringing the equivalent of twenty million dollars
worth of generated revenue, and in excess of five thousand people. They have
asked this City, if possible, for some relief. I would like to proffer to
this City that we make available, and the expenses which come to $4,490.00,
one evening in the Bayfront Park, which is basically the expenses, for the
Jaycees to have their convention. They are having it mostly in the Hyatt.
The Knight Center we can't do a thing there for them, and so I would suggest,
ifitis possible, Mr. Manager, that we would, for this organization, would,
in fact, spend the $4,490.00. I put that up on top of the table. If the
Commission has no problem, I will make a motion to that extent.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second
Mayor.Suarez: Second. Any discussion? If not please call the roll.
35 October 22, 1992
11
0
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-677
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $4,490
FROM SPECIAL PROGRAMS AND ACCOUNTS, IN SUPPORT OF
"U.S.A. NIGHT" TO BE CONDUCTED BY JCI WORLD CONGRESS-
MIAMI, INC., ON NOVEMBER 129 1992, IN THE MILDRED AND
CLAUDE PEPPER BAYFRONT PARK; CONDITIONED UPON THE
ORGANIZER'S COMPLIANCE WITH ANY CONDITIONS OR
LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER
OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor 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
NOES: Mayor Xavier L. Suarez
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: Register me as a no, as much as I like what they are doing.
9. DISCUSS AND TEMPORARILY TABLE DISCUSSION CONCERNING FUNDING FOR: (a)
ECONOMIC DEVELOPMENT COMMUNITY BASED ORGANIZATIONS, AND (b) COMMUNITY
DEVELOPMENT CORPORATIONS (See label 19).
Mayor Suarez: Item 2. Funding for economic development community based
organizations. Why do I not see the boards of... Well, there is a few out
there. Are you ready to make a recommendation on the rest of the year funding
for the ones that we have been treating together?
Mr. Frank Castaneda: Commissioners, we have been discussing with HUD
(Department of Housing and Urban Development) the issues surrounding the
Community Based Organizations. They are opposed to us funding agencies at a
$50,000 level. They want us to fund them for projects, and for them to take a
percentageof that fund to fund their operational expenses. They are,
however, willing...
36 October 22, 1992
Mayor Suarez: Who is this? Whose position is this?
Mr. Castaneda: They want us to fund them for...
Mayor Suarez: Who is they?
Mr. Castaneda: HUD, The U.S. Department of HUD, in Jacksonville, would like
us to fund them for particular projects, and for the Community Based
Organizations to take a percentage of that money to cover their...
Mayor Suarez: I have not seen that in a written recommendation.
Mr. Castaneda: I am sorry?
Mayor Suarez: Have they sent that in a written recommendation?
Mr. Castaneda: Yes.
Mayor Suarez: That they want us to fund them all on the basis of projects,
and they can keep a percentage of the project not...
Commissioner Plummer: A percentage for what?
Mr. Castaneda: To cover their administrative expenses. What they are saying
is, and that is the attachment of September 17 attached to the
recommendations, that they are not seeing the progress in the neighborhoods,
and they would prefer instead of constantly funding agencies for $50,000...
Commissioner Plummer: What are they going to do for $50,000. What kind of a
project...
Mr. Castaneda: ... for us to evaluate particular projects and to fund them
for those particular projects.
Commissioner Plummer: What kind of a... You know. What the hell can they do
for $50,000?
Mr. Castaneda: No, no. What they are saying is to fund them at a higher
level of which they would take a percentage of that money to cover their
operational expenses or administrative expenses if you want to call them that.
Commissioner Dawkins: Frank, if the... And I am asking the question because
I am puzzled. If HUD says the are not managing $50,000, now you are saying
HUD is saying; to me give them 450,000, and they won't manage that either, is
that what you are saying?
Mayor Suarez: I think what they are saying is that that way you have a direct
linkage to something that is...
Mr. Castaneda: Something tangible.
Mayor Suarez: ... an actual project, concrete... The problem is what if they
need the money for continuation of their administration, and start up, and
planning and everything else, and they don't have yet that project that they
can identify...
37 October 22, 1992
Mr. Odio: But, Mr. Mayor...
Mayor Suarev: ... or it is not ready to be implemented? Then I guess we
can't fund them under that motion.
Mr. Woo. Mr. Mayor, even if it was a good idea. You cannot do it now
because we already... We have already issued all of our funding...
Vice Mayor Alonso: Allocated the money.
a
Mr. Odio: ... so what I suggest 1s we give them the funding for this year as
usual, and then let's meet with HUD after the elections.
Mayor Suarez: Should we not flag any of these agencies if we were inclined to
do that? Some of these agencies that, folks, this is really, you are on
probation, next funding level if you don't have one of those projects that you
can tie, as HUD wants us to do, administrative expenses to an actual project
we are not going to fund you?
Mr. Castaneda: Right.
Mr. Odio: I don't say we should do that. I said that we should fund them
now, and sit down and plan this out and not just accept carte blanche. What
':. HUD is saying, because it is going to put a lot of burden on you.
a
Mayor Suarez: All right. But I mean don't you think that we ought to
accompany that with a very clear message that if you don't have something on
{� the way by the end of the fiscal year, don't come back.
Mr. Castaneda: Oh, that message has been sent already, and the...
Mayor Suarez: Well, maybe it hasn't been fully understood.
Mr. Castaneda: The message is that not all agencies will be funded next year.
Mr. Odio: But the way you could do it to, Mr. Mayor, and I have been thinking
about it. You cannot deal with every CBO, on every project they are going to
do. You are going to be tied up here, at this level, forever. They might
have to...
Mayor Suarez: Yeah.
Mr. Odio: I mean it is just. It is not that easy.
Mayor Suarez: The mechanics of it boggles the imagination.
' Mr. Odio: That is why I prefer to plan something, and then bring it back to
you.
s ` Mayor Suarez: But if they don't have anything concrete at the end of the
cycle year, which would be next July, and as they begin applying, don't even
apply.
!' 38 October 22, 1992
�i
Mr. Odio: Well, they could very well...
Vice Mayor Alonso: Exactly. And not only that, what about the funding? Is
it going to be increased to that degree?
Mr. Odio: No,
Mr. Castaneda: Well, why don't...
Vice Mayor Alonso: Let's say that all of them qualify.
Mr. Castaneda: Well, that is why I am saying...
Mayor Suarez: Yeah. Suppose they all have projects and...
Vice Mayor Alonso: Exactly.
Mayor Suarez: ... they all qualify.
Mr. Castaneda: You are not going to have enough money to fund all of them.
Vice Mayor Alonso: Well then, again, how do we say...
Mr. Castaneda: And I have told them that.
Vice Mayor Alonso: ... this one is acceptable and the next one we are not
going to give it.
Mr. Odio: That is what I mean. They are putting...
Vice Mayor Alonso: This is a very difficult decision to make.
Mr. Castaneda: It is very difficult.
Mr. Odio: They are putting the burden on you, and that is not...
Vice Mayor Alonso: Oh, you better believe it.
Mr. Odio: And what I am saying is that before we jump into that one, we
better be careful what we do because there is just not enough money to fund
every project that is out there.
Mr. Castaneda: Yeah. There are also three other things, let me mention, that
are going on. We have an understanding with HUD that they will send some
consultants down here to provide technical assistance to the Community Based
Organizations. Number two, the area office is going to be opening another
office here in Miami.
Vice Mayor Alonso: That is fine but, you know, to a certain degree it might
be a waste of taxpayers money because not always do they understand the
communities.
Mr.'Castaneda: Yeah, that is true.
39
October 22, 1992
Vice Mayor Alonso: Not always do they understand the specific needs, and
consultants come from different places, and it might be that the knowledge
that they have is in a different community, different needs, and you just
�# don't fly down here and say I understand this community. It is not that
simple. It is very complicated and it changes from one area to the other, and
coming and telling us they are going to send a consultant to resolve the
l' problems that they might have in the neighborhood, 1t is almost an insult to
that community and to the City of Miami, and it will not resolve any problem,
_ really.
Mayor Suarez: All right. Commissioners...
Commissioner Plummer: Well, Mr. Mayor, I...
Mayor Suarez: Before we hear from the individual organizations, if we don't
have to...
Commissioner Plummer: No, no.
Mayor Suarez: .o it would be much advisable not to go into that. Yes,
Commissioner Plummer, and then Commissioner Dawkins.
Commissioner Plummer: Mr. Mayor, I got a problem. All right. And I don't
know if you all have had the opportunity. I don't feel comfortable sitting
here, voting favorably, when I am told that... Well, start on the first one.
Noncompliance, internal files not properly documented, improperly prepared
reports. Go to another one, under -reporting of activities. Under documenting
time spent on CDBG (Community Development Block Grant) eligible activities.
Agency needs to improve its... record keeping system. Moving to another one,
the agency experiencing internal administrative problems. Another one, staff
devoted all of its time to administrative work related to the opening of the
agency. Turn to another one, agency experiencing internal administrative
problems. Agency experiencing administrative problems. Noncompliance with
subrecipient requirements. Administrative procedures need improvement. On
and on and on, and you are asking me to vote to put more money when these
things are in the report of community development? That doesn't make sense to
me.
Mayor Suarez: OK.
Commissioner Plummer: Now, before I can vote, Mr. Mayor, favorably, on these
items, somebody has got to stand at that microphone and tell me that these
people have been brought into compliance, that their reports are up to date.
That their audits are done, and that they are doing what they are supposed to
do.
Mayor Suarez: Well, if you ask each individual agency they will tell you. If
you ask our staff they will say, well, they are getting closer, or we are
working with them, or whatever. So the decision has to be the policymakers
decision, and I think most of us have heard enough about this to decide one
way or the other. Commissioner Dawkins?
Commissioner Dawkins: What happens, Mr. Castaneda, if you fund these
agencies, and HUD told us not to, and at the end of the year...
40 October 22, 1992
9M
4,.
Commissioner Plummer: You pay the money back.
Commissioner Dawkins: ... they find that HUD is still dissatisfied with their
functions and deny the payment or the reimbursement, what happens? Can they
do that?
Mr. Castaneda: We have an agreement with HUD that as long as we do not
continue this process again, they will permit the agencies to continue to the
end of the year.
Commissioner Dawkins: You're... I'm going to ask it again...
Mr. Castaneda: Yeah.
Commissioner Dawkins: ...and see if you'll answer it for me.
Mr. Castaneda: The answer is no. They will not do that, per the agreement
that we have the HUD.
Commissioner Dawkins: They... If this... these agencies, that they told us
not fund, and we fund them, and they do not come up to compliance, the will
not penalize us by not reimbursing us for the money?
Mr. Castaneda: What the agreement that we have with HUD says is that we do
not like the system that you're following to fund Community Based
Organizations.
Commissioner Dawkins: Mr. Castaneda...
Mr. Castaneda: Let me finish.
Commissioner Dawkins: ...I'm going to ask you again. You've been out here as
long as I have.
Mr. Castaneda: No.
Commissioner Dawkins: What?
Mr. Castaneda: The answer is no.
Commissioner Dawkins: No? The answer is...
Mr. Castaneda: We have an agreement that says no, that they will permit us to
continue the process until the end of the fiscal year.
Commissioner Plummer: This is crazy.
Commissioner Dawkins: OK. All right. No problem. Now...
Commissioner Plummer: It's crazy.
Commissioner Dawkins: ...on Coconut Grove Local Development Corporation, they
say...
41 October 22, 1992
Commissioner Plummer: Look at the one on Wynwood.
Vice Mayor Alonso: Oh yeah. I know.
Commissioner Plummer: It's crazy.
Commissioner Dawkins: ...requesting allocations for 13 commercial facade
projects in conjunction with Metro -Dade. What percentage of it will come from
Metro -Dade?
Mr. Castaneda: Twenty-five percent.
Commissioner Dawkins: Twenty-five percent. OK. Is that with each one?
Mr. Castaneda: In the projects with Metro -Dade...
Commissioner Dawkins: All right. We've got another one here.
Mr. Castaneda: Metro -Dade will be providing about $1,000 and we will be
providing $3,000 and we will be coming to the Commission with that item at
next month's Commissioner - November.
Commissioner Dawkins: Al right. We got... Let me see. Another one -
Little Havana Development Authority...
Commissioner Plummer: Cesar? How the hell can we do this?
Commissioner Dawkins: ...requesting allocation for 24 commercial facade
s�
projects in conjunction with Metro -Dade. How much will Metro -Dade contribute?
Mr. Castaneda: Again the same thing, a thousand...
Commissioner Dawkins: Twenty-five percent.
Mr. Castaneda: Twenty-five percent or $1,000.
Commissioner Dawkins: Wait a minute, now. Twenty-five percent or $1,000.
Mr. Castaneda: No, it is $1,000. I'm telling you.
i
Commissioner Dawkins: So, we...
Mr. Castaneda: And it is 25 percent. It is both.
.t
Commissioner Dawkins: So, what we get... We get $4,000 for a business.
Mr. Bill Rios: Three thousand.
Mr. Castaneda: We'll be giving in this particular program $3,000 and Metro -
Dade will be putting $1,000.
Commissioner Dawkins:
treatment is $4,000.
The total amount a business will receive for facade
42
October 22, 1992
w
Mr. Castaneda: Correct.
Commissioner Dawkins: And..,
Mr. Castaneda: Three thousand from Miami, from the City of Miami and $1,000
from Metro -Dade.
Commissioner Plummer: May... Are you finished, Commissioner?
Commissioner Dawkins: No. Martin Luther King Economic Development requesting
allocation for 40 commercial facade projects, in conjunction with Tacolcy
Economic Development Corporation and Metro -Dade. Why are we combining Martin
Luther King with Tacolcy when Tacolcy has never been...
Mr. Castaneda: No, Tacolcy did the original search but Martin Luther King is
now responsible for the total project and we've told Martin Luther King that
that is the case and Tacolcy has agreed and everything.
Commissioner Dawkins: All right. So, this is out.
Mr. Castaneda: Yeah.
Commissioner Dawkins: Say what now? And Tacolcy what?
Mr. Castaneda: Tacolcy is out of the picture. Martin Luther King will be
undertaking the rehab.
Commissioner Dawkins: No further questions.
Mayor Suarez: All right. Anything further from the Commission?
Commissioner Plummer: May I...
Mayor Suarez: Yes?
Commissioner Plummer:
193
Frank - Wynwood, the agency's proposed budget
for 192-
was not accepted.
Agency has failed to resubmit a revised one as
of this
writing.
Mr. Castaneda: Right.
Commissioner Plummer:
Contract compliance - agency has submitted no
reports
for 192-193. Monthly
reports for July and August are past due
and the
successfully completed
projects reported from 6/1 to 8/31/92 was due 9/5/92
and obviously that's not
in.
Mr. Castaneda: Let me
answer what's happening...
3
Commissioner Plummer:
Excuse me. Are those now today... Are those
reports
in or not?
Mr. Castaneda: Yes, yesterday.
43 October
22, 1992
Commissioner Plummer: You see? I'll tell you. I'm going to vote for every
one of them that you have recommended favorably. For those who have done
nothing, as far as I'm concerned, they get nothing. If they're not going to
comply with the rules when they agree to do it, they don't deserve anything.
And the only way you're going to be able to keep these people 1n line with the
rules and the regulations... If you don't fund them, when you talk to their
wallet they're going to listen. So, you can break it down for me, please.
The ones that you have recommended favorably, that have been in compliance,
those are the ones I want to know and Mr. Mayor, I want to vote on each one of
them individually. OK? Individually. The ones that have not complied will
not get my favorable vote at this time. We'll hold the money. If they get in
compliance, let's fund them.
Mayor Suarez: OK.
Commissioner Plummer: If I borrow money, by God, they're out there with that
little pen and say, "Hey! You make your monthly payment."
Mayor Suarez: Are there any right off the bat that you are ready to fund, so
we can vote for those as a group, on the assumption that Commissioners are not
going to...?
Commissioner Plummer: If Frank gives me a list of those that are in
compliance... If that... Mr. Mayor, I don't think anybody up here wants to
vote for those that are not in compliance.
Mayor Suarez: OK. We could vote for them with the proviso that they must be
in compliance before they receive the funds.
Commissioner Plummer: Oh, OK. I'll do that. That's fine. If they... They
must be 100 percent in compliance - they're approved.
Mayor Suarez: I mean, there's a point beyond which we don't have the ability
up here to analyze in detail each individual CBO in the City. We are
concerned about HUD's observations but...
Commissioner Plummer: Excuse me. That's the report you have...
Mayor Suarez: ...we have got to defer to our staff.
Commissioner Plummer: Sir, that's the report you have in front of you and I
beg you to read it.
Mayor Suarez: I have read it. I have read it. I had not seen this
suggestion that they have made that may be interesting for another year.
Commissioner Plummer: Mr. Mayor, it is...
Mayor Suarez: If we give a warning shot that if you don't have a major
project underway, we're not going to fund you and we're going to try to fund
you as a linkage...
Commissioner Plummer: The biggest portion is the non -reporting. Mr. Mayor, I
will be happy to vote in blanket...
44 October 22, 1992
I
S.
Mayor Suarez: All right.
Commissioner Plummer: ...for 100 percent of the recommendations, but with the
assurance that Community Development, Frank will not issue a dime until they
are in full compliance with the rules and regulations. That's fine with me.
That's all I'm trying to accomplish, but I don't think it's right to ask any
member of this Commission...
Mayor Suarez: Is that standard as stated sufficient to guide you?
Mr. Castaneda: We can withhold reimbursement to any agency unless they have
met in full compliance.
Commissioner Plummer: Exactly.
Vice Mayor Alonso: Frank, some of the language is so vague.
Mayor Suarez: That's the problem.
Vice Mayor Alonso: It gives me the impression that maybe the bureaucracy is
working at its best.
Commissioner Plummer: After a day, you'll go back twice on Sunday.
Vice Mayor Alonso: Is it in truth, this impression that I'm getting, exact?
Or is it that they're not doing what they're supposed to do? Some of this
language - agency experience internal administrative problems... Some is so
vague...
Mr. Odio: See, that is subjective.
Vice Mayor Alonso:...so general. In some of them, really it doesn't give
me..
Mr. Castaneda: Let me tell you something.
Vice Mayor Alonso: ...the picture that what I'm reading is necessarily what I
understand to be, or that that's the implication. But it's like when you read
sometimes teachers' evaluations. You don't fire them because of some of the
wording that you have. And it's so general. It's like they're tired of
completing the information and they change one word here and there. Is this
the feeling?
Mr. Castaneda: Yeah. Let me...
Vice Mayor Alonso: The right... Or are you seriously concerned that these
people are not doing what they are supposed to be doing?
Mr. Castaneda: Let me explain something, Commissioners. HUD has become so
picky it is incredible.
Vice Mayor Alonso: So, HUD has become so picky...
45 October 22, 1992
Mr. Castaneda: We have to make agencies...
Vice Mayor Alonso: Then it's bureaucracy at best.
ME
Mr. Castaneda: ...comply with what HUD is demanding and they claim that we're
getting as picky as HUD because we have to maintain the standard that HUD is
requiring.
Commissioner Plummer: With these reports I can understand why HUD is picky.
Nobody's complying. Well, excuse me. Not nobody.
Mr. Rios: But there are reasons for that.
Commissioner Plummer: Some are not complying. Let me correct that statement.
Mr. Castaneda: And that's really the problem. You know, HUD... You know...
Commissioner Plummer: Mr. Mayor, you ready for a motion?
Mayor Suarez: Yes, sir.
Commissioner Plummer: I'm sorry. I didn't mean to cut you short.
Vice Mayor Alonso: No, no. I'm not finished.
Commissioner Plummer: All right. Excuse me.
Vice Mayor Alonso: Frank, are we going to vote together or separate?
Commissioner Plummer: I'm ready... Just the motion I'm willing to make right
now is that we vote on all that have the funding put forth in this agenda item
and that they receive no funds until they have satisfied Community Development
that they are in full compliance with the rules and regulations. Period.
Amen. That will be my motion at the...
Mayor Suarez: So moved.
Vice Mayor Alonso: Do you agree with...
Commissioner Plummer: Well, no. Excuse me. I'm not trying to cut her off,
please.
Mr. Odio: Let me tell you when you're talking about compliance I don't want
to be...
Commissioner Plummer: Let her finish what she wants.
Vice Mayor Alonso: Frank?
Mr.. Odio: If they haven't filed a report or something. Something...
Commissioner Plummer: If they haven't filed a report, they're not in
compliance.
46
October 22, 1992
Mr. Odio: The subject things about... But, I mean, technical...
Vice Mayor Alonso: No, they have to submit the reports. That's basic
compliance. If you don't have...
Commissioner Plummer% But my good friend over there, whatever he's going to
say, according to this, right or wrong, is three months in arrears on his
reports.
Mr. Rios: Well, you know. Commissioner...
Mr. Odio: So he has to get that up to date.
Commissioner Plummer: I didn't say you. I've got three good friends over
there. I'm not talking about you.
Vice Mayor Alonso: That's a serious problem. That's something... I'm not
referring to that. I'm referring to some of the language that is expressed in
the reports.
Commissioner Plummer: If the shoe fits, wear it.
Vice. Mayor Alonso: OK. You agree with this - working with them and...
Mr. Castaneda: Right. No, and... You know, with our trip that we made to
Washington...
Vice Mayor Alonso: Yes.
Mr. Castaneda: We're trying to get technical assistance, they keep promising.
I'm very concerned that the technical assistants arrive before the elections.
I'm concerned that they might cancel the contracts and things like that. So,
we're really working hard and getting those people here.
Vice Mayor Alonso: So, you mean, the election is the key factor...
Mr. Castaneda: No.
Vice Mayor Alonso: ...that will trigger what's going to happen? What are you
smiling about? Almost laughing.
Mr. Castaneda: No. I'm concerned about the consultants arriving here before
the election because after the election, you know, who knows what might
happen.
Vice Mayor Alonso: Yeah. Maybe some people will be surprised after November.
Commissioner Plummer: That's life. Two weeks from...
Commissioner Dawkins: We're not going to change that many people when we win.
Mayor Suarez: Anything further?
Mr. Rios: Yes. Yes. Absolutely.
47 October 22, 1992
Commissioner Plummer: You mean slick Willy?
Commissioner Dawkins: OK.
Commissioner Plummer: Slick Willy. I love it. President of the United
States,
Commissioner Dawkins: Mr. Manager, Mr. Mayor...
Mayor Suarez: Yeah.
Commissioner Plummer: Slick Willy. Oy veyl
Mayor Suarez: Commissioner Dawkins?
Commissioner Dawkins: I'd like to say to my... to Frank and my fellow
Commissioners, I think that we have done an injustice to the CBOs. We have
allowed these individuals to constantly do what was wrong and we didn't tell
them. Now, all of a sudden we're going to pull the rug out from under them
and tell them, "No, we aren't going to fund you." And they have no other
means of operating. So, I think that, in due respect, regardless of what, we
may have to fund them, like you said, until the end of the fiscal year, but
put everybody on notice including you...
Commissioner Plummer: To be honest with you, I don't want to vote for
anybody. I don't like any of them.
Commissioner Dawkins: ...that this Commission will not vote for anybody
anytime it is not in compliance.
Mayor Suarez: Anything further, Commissioners?
Mr. Rios: -Yes, we have...
Commissioner Plummer: I offer my motion, Mr. Mayor.
Vice Mayor Alonso: Second.
Mayor Suarez: Seconded. Be careful how you argue against this motion...
Mr. Rios: No.
Mayor Suarez: Remember, as stated, saying that if you are in compliance you
will be funded. So, the implication is that if you're not, if you're against
it, it sounds like you may think you're not in compliance, Bill.
Mr. Rios: I'll You know...
Commissioner Plummer: Don't go to the pay window with dirty hands.
Mr. Rios: Procedure says you have a motion on the floor and it's been
seconded. So, why don't you vote now. Make my comments...
48 October 22, 1992
i
Mayor Suarez: No, no. Speak now or forever hold your peace.
8
Mr. Rios: No. My motion is... I mean, my conversation is very simple.
Commissioner Plummer: Oh, you're now making motions.
Mr. Rios: I'm sorry. So, you know, I hang around on the International Trade
Board with you long enough. Now, I'll be making motions before long. I'm
sorry. I want to answer two points here. Number one, in order for me to
become in compliance, we have a request from the organization to the Citywide
Advisory Board for $100,000 worth of Administrative funding. You approved
that funding. The question of our budget submittal was based on $100,000, and
that's the only issue that's at hand with regard to us.
Commissioner Plummer: Have you got another budget approved yet?
Mr. Rios: No, sir.
Commissioner Plummer: Then you shouldn't get a dime. How can you expect this
City to give you...
Mr. Rios: Well, you approved the $100,000 budget and I gave you $100,000
budget, but then there was an amendment to that by staff and you didn't accept
their recommendation.
Commissioner Plummer: Your budget was not acceptable.
Mr. Rios: By whom?
Commissioner Plummer: By them, obviously.
Mr. Rios: No.
Mr. Castaneda: Yeah. They were...
Mr. Rios: It wasn't by them. They're memo to you on July 7th clearly
stated...
Commissioner Plummer: I'm only reading... Who was the budget not acceptable
to?
Mr. Castaneda: Their budget.
Commissioner Plummer: Their budget was not acceptable to you...
Mr. Castaneda: Correct.
Commissioner Plummer: ...or to HUD?
Mr. Castaneda: Let me explain, Commissioners.
Commissioner Plummer: Please.
49 October 22, 1992
3
Commissioner Dawkins: Well, if it's to them, it's not to us. Because he
represents us. What's the problem?
Commissioner Plummer: I'm asking, him or HUD?
Mr, Rios: No, no.
Commissioner Dawkins: Oh. All right.
Mr. Castaneda: Every agency was funded at $50,000 for administration. There
were two cases - Martin Luther Kin and Wynwood Economic Development that were
also... that were funded for 1100,000 of which $50,000 was to be for
administration and $50,000 was to be for projects.
Mr. Rios: That's where I have a problem, you see...
Mr. Castaneda: Yeah. They are asking...
Commissioner Plummer: Wait. Let him finish.
Mr. Rios: Oh.
Mr. Castaneda: They're asking to amend their budget and to receive $100,000
purely for salaries and we have said no. We want to see some projects with
that...
Mr. Rios: That's not the case at all.
Mayor Suarez: All right. We're leaving in...
Mr. Rios: That's not the case at all.
Mayor Suarez: Bill, in this...
Mr. Rios: That's not the case at all.
Mayor Suarez: In this motion, we're leaving that discretion to them and you'd
better work with them and, of course, if that ends up being ultimately not
acceptable you're going to be back here, I have a feeling.
Mr. Rios: Well, no. Because according to their memo, it says here that the
Citywide Advisory Board made that recommendation and that's not true. The
Citywide Advisory Board did not make that recommendation and that's their
basis for saying there is fifty fifty.
Commissioner Plummer: Well, let's ask a question, Bill. Are you trying to
get all hundred thousand for administrative?
Mr. Rios: I... In February you asked for a...
Commissioner Plummer: My question can be answered with a yes or no.
Mr. Rios: I'm going to answer... The answer is yes. A qualified yes. Wait,
wait. A qualified yes. Please, allow me. In February, you asked for a
50 October 22, 1992
}
proposal from the CBOs. What do you need your money for? How do you want to
spend your money? I submitted a proposal to Community Development for
$100,000. It was accepted all the way down the line including by yourself.
Then, all of a sudden, you got this memo saying that hey, you've got to put
$50,000 in public... in some kind of project. I never requested that. We
never got negotiated with that. We never acquiesced to that. You did not get
informed that information. We have always requested an administrative grant
for $100,000 from day one, way back in February. And to date, we're still
holding on to that same issue, that we requested $100,000 for administration.
I am on the brink of making a very, very good negotiated deal for establishing
a zone. I need $100,000. If anybody knows it at the dais right now, it's
you, Commissioner Plummer. You know I need it. I wouldn't ask for it. We
asked for it special. You suggested it. It's here. I mean, you know... And
no one has said differently. The department believes otherwise, but there is
nothing to substantiate their belief.
Commissioner Plummer: You go plead your case there and if it's the thing that
I think it is, I'll help you plead it. OK?
Mr. Rios: Thank you.
Mayor Suarez: All right.
Commissioner Plumper: But you've got to satisfy them with a budget. You
can't ask me...
Mr. Rios: I will.
Commissioner Plumper: ...to sit up here with a piece of paper that says that
you're not in compliance, that you don't have a budget, and ask me to vote for
you.
Mayor Suarez: Right.
Commissioner Plummer: I can't do that.
Mr. Rios: Understood. The item has been resolved.
Mayor Suarez: All right. He's set up a pretty fair procedure there.
Mr. Rios: I agree. Thank you.
Mayor Suarez: Mr. Gonzalez-Goenaga, we're supposed to hear from you a little
later, but go ahead.
Mr. Manuel Gonzalez-Goenaga: No, no. It says here... Let's follow the
agenda, Mayor.
Mayor Suarez: That's OK, sir. You are...
Mr. Gonzalez-Goenaga: I'm supposed to talk. This is a public discussion.
Mayor Suarez: You are in order.
51 October 22, 1992
Mr. Gonzalez-Goenaga: Well, I am a member of the public. I am not here
representing the Community Development companies; or the Commissioners,
because you are carrying a different hat then them; or the HUD and the federal
bureaucracy. But I can gather, just by watching each of your faces, and each
of your questions from the Commissioners to the ingenuity of this
Administration, that they criticize, they pass the ball to HUD. And yet, I
read those letters and HUD is not here represented. I do not think that we
should criticize HUD after reading those letters. We should start to
criticize ourselves. We know how the federal government operates -
bureaucracy, maybe corruption. Because there has been corruption in HUD. But
here, what we make believe to the people of Miami that we are the angels, the
messiahs. Oh my Godl Let's talk serious business not monkey business. Thank
you very much.
Mayor Suarez: All right. Very Good. David, again at your own risk.
Mr. David Alexander: Thank you, Mr. Mayor. David Alexander, executive
director of Coconut Grove Local Development Corporation. I stand here...
Commissioner Plummer: Birds of a feather flock together.
Mr. Alexander: I recognize Mr. Danny Coach, running for state representative,
former member of our board of directors, and I tell you that some things need
to be told to you on the record today. You know, there's a lot of
misapprehension and misunderstanding as to what this whole problem is about.
So, let's try to boil it down for you so you can understand the position we as
CDCs are in. You know, technically speaking, the City of Miami is not in
compliance with HUD's requirements. And if they're not in compliance, then
the CDCs will never be in compliance. That's the reality. OK? And it's hard
for us to explain to you that, you know, for instance, J.L. read a piece of
our report where Coconut Grove is criticized for under -reporting its
activities. What does that mean? It means I'm not telling you everything
that I do. The reality is that $50,000 cannot run a CDC. We cannot do the
job that HUD is requesting of us to do for $50,000. So, you know how we've
solved the problem? We, the CDCs of this town have gone out there and found
money.
Commissioner Plummer: That was...
Mr. Alexander: We have done that.
Mr. Castaneda: That wasn't...
Commissioner Plummer: That money was never, ever designed to be your entire
funding.
Mr. Alexander: Exactly so, Commissioner.
Commissioner Plummer: It was a supplement to your funding.
€l Mr. Alexander: Exactly so, Commissioner.
Commissioner Plummer: And if you go through these different fundinos here of
the projects and some of the other funding, let me tell you, some of these
Community Based Organizations are doing pretty damn good in their funding.
52 October 22, 1992
t
Mr. Alexander: Exactly so and we Count ourselves among the blessed.
-
Commissioner Plummer: Well, the other ones won't get up off of their
derriere
and go get funding - that's not our fault.
Mr. Alexander: OK.
Commissioner Plummer: They have the same right and the same ability
to go out
and solicit funds . Here, let me give you a couple of
examples.
Coconut Grove Local eve opment Corporation, just happened to turn
to that.
Do you know that organization?
Mr. Alexander: Yes, sir. I'm slightly familiar with it.
Commissioner Plummer: Yes, I think you are. You've got $265,127 from where?
Mr. Alexander: From the City of Miami's...
Commissioner Plummer: That's right.
Mr. Alexander: ...loan fund pool.
Commissioner Plummer: Loan guarantee - you've got $234,873 from
the Jobs
Bill.
`
Mr. Alexander: That's right.
Commissioner Plummer: Plus the 50.
Mr. Alexander: That's right.
1 �
Commissioner Plummer: You've got $265,127...
Mr. Castaneda: Same amount. That's the same money.
-
a
Commissioner Plummer: ...from the... No, that's the Jobs Bill.
Mr. Castaneda: Yeah, that's the same money.
Mr. Alexander: OK. We...
`
Commissioner Plummer: So, you know, let's put it all on the record.
Mr. Alexander: Yes.
=r
Commissioner Plummer: Fifty thousand was never, ever designed to be
anything
j
other than a supplement...
Mr. Alexander: Seed money.
Commissioner Plummer: ...to help you out.
53 October 22, 1992
Mr. Alexander: Exactly so and that's my point, Commissioner. But you know, I
started working in the CDCs nine and a half years ago and it was $50,000 then.
And that was the whole pot. DO Today we're at $200,000. We're stilt
severely under -funded and that's $200,000 in administrative money that it
Costs to run our agency. Let me just put 1t in perspective because I'm not
here to put you at risk or put us at risk but we'd like to explain to you.
You know...
Commissioner Plummer: But you're sure on the borderline. I want to tell you
that.
Mr. Alexander: I want to tell you, J.L. You know, the City of Miami needs
the CDCs. There should be no misunderstanding about this. The City of Miami
has benefited and will benefit in the future from each and every CDC that's
funded today. Some are going to be on a faster track than others. Some have
different talents and strengths from others. But we're not with our hands in
the public till as some people have portrayed us. That's not the reality.
The reality is, you know, we get $50,000 as seed money. When we started out
nine years ago $50,000 paid the full salary and overhead of the agency. Right
now, we haven't had an increase. Our insurance has gone up 14,000 percent in
ten years. We didn't have to pay for an audit because the City of Miami paid
for those ten years ago.
Commissioner Plummer: Who is the Small Business Opportunity Center? Who is
that?
Mr. Alexander: So, our administrative budget of $50,000, through inflation
has been decreased to $25,000. That's the reality. My suggestion to the City
of Miami is not going to be a popular one. The Manager's probably going to
get really upset with me, but I'll say it. The City of Miami's core funding
for CDCs should come out of City revenues.
Mr. Odio: What?
Mr. Alexander: I told you you wouldn't be...
Commissioner Plummer: Take it with you.
Mr. Alexander: ...you wouldn't like that. I'm saying that because we are...
Mr. Odio: You're lucky...
Mr. Alexander: You know, we're important to the future of the City. I know
it's very hard, Manager.
Mr. Odio: You're lucky I don't vote.
Mr. Alexander: I understand that. But, if you do that... If you are able...
If this Commission is able to take that step and find a million bucks in the
City to fund CDCs, you would have that HUD monkey off your back, on the
$50,000 deal.
Mr. Odio: I'd rather deal with the monkey.
54 October 22, 1992
Commissioner Mummer: Please, please.
Mayor Suarez: All right. Let's go. We have a motion and a second. Any
further discussion from the Commission? If not, please call the roll. Did
you mean to include Greater Miami Biscayne?
Commissioner Plummer: Please.
Vice Mayor Alonso: All of the ones recommended, I guess.
Mayor Suarez: The motion is to approve the funding for the remainder of the
fiscal year in question of all of the...
Commissioner Plummer: Providing they're in concurrence with the rules and
regulations that they agreed to.
Commissioner Dawkins: OK.
Mayor Suarez: All right. So moved and seconded. There's been some
elaboration of that to include those that are in violation in some way or
another, we obviously want to help them become in...
Commissioner Plummer: In compliance, if possible. Sure.
Mayor Suarez: ...compliance. Thank you. And obviously we'll, even to the
extent of making their case with staff, but staff and the Manager ultimately
® have to make that determination. We can't do any less than that.
i`
Commissioner De Yurre: Mr. Mayor, if I may ask a couple of questions?
i�
Mayor Suarez: Please.
Commissioner De Yurre: With reference... my problem has always been with
these nonprofits is that most of the money goes towards executive salaries and
this and that, and I want to know how much actually gets- put into brick and
mortars, gets out there into the community. Do you have a breakdown of the
salaries that the executive directors make?
Mr. Castaneda: Yes. We can get one for you, but yes we do have. Most of the
money goes to pay for either the executive salary or the secretary, or both.
Commissioner Plummer: Yeah, but you see the problem...
Vice Mayor Alonso: Fifty thousand doesn't give much.
Commissioner Plummer: Well, but the problem is where they're getting other
funding. All right? They can show you whatever you want to see? They can
just take the administrative side and put it over on some other funding source
and they'll show all of your money towards a project.
Commissioner De Yurre: No, I'm talking the overall...
55 October 22, 1992
Commissioner Plummer: So, unless you see..:
Commissioner be Yurre: I'm looking...
Commissioner Plummer: Unless you see their entire breakdown of
every source
of funding, total amount of funding, then you'll see what you
really want to
see.
Commissioner De Yurre: Do we have that information?
Commissioner Plummer: Not from the...
Mr. Castaneda: Well, we have that information.
Commissioner Plummer: Not from the fifty of the City.
Commissioner De Yurre: OK. Well I'd like to... Before I can
vote on this,
I'd like to see how much these executive directors make of the overall
amount.
Mr. Castaneda: Fine.
Mr. Odio: What.
Mr. Castaneda: The executive directors, how much do they make?
Fine.
Commissioner De Yurre: OK? If we can defer this until
we get that
information, Mr. Mayor.
Commissioner Plummer: Sure.
Mayor Suarez: All right.
Mr. Castaneda: Do you want to extend it...?
Commissioner Plummer: Mr. Mayor, while we're...
Mayor Suarez: Does the movant then withdraw the motion for the
moment?
Commissioner Plummer: Surely, sir.
Mayor Suarez: And the second? We'll table the item.
Vice Mayor Alonso: Table the item.
Commissioner Plummer: My colleague wants information.
Mayor Suarez: Table the item.
56 October 22, 1992
♦G-i 7`Y"!1!-----r---iii+Y------------rarrrr-rr-r------------------------ --
10. BRIEF COMMENTS CONCERNING PROBLEMS BROUGHT ABOUT BY THE CARIBBEAN
AMERICAN FESTIVAL PARADE.
�W1Y -----a`------- ---------1---------W-ii- ------- ------------------
Mayor Suarez: All right. We'll go to item 3.
Commissioner Plummer: Mr. Mayor, can I ask a question?
Mayor Suarez: Yes.
! Commissioner Plummer: Mr. Manager, would you take about one minute of your
time and inform this Commission of what I was told, whether it's a true
statement or not. Did you go to the Caribbean Festival downtown?
Mr. Cesar Odio (City Manager): Go ahead and ask the question, please. You
know I was there.
Commissioner Plummer: The question... I'm asking the question. Did you go
to it?
Mr. Odio: I went a noon time.
Commissioner Plummer: And what happened when they were supposed to leave?
Promised without fail that they would start at 9:00 and would be clear of the
streets by noon, what happened, sir?
Mr. Odio: I had to shut the parade down and move them at a rapid pace out of
Biscayne Boulevard and they were out of there by 12:20.
Commissioner Plummer: And what time did they start, sir?
_Mr. Odio: They started... They said they would start at 9:00. They started
at 11:00.
Commissioner Plummer: OK. What I'm saying is that we need to establish the
record because we told them that if they didn't start at 9:00, that next year
don't come back.
Mr. Odio: Well, no. I talked to him. They cannot do it again the same way.
No
Commissioner Plummer: OK. So just...
Mayor Suarez: All right. Thank you.
Commissioner Plummer: Let's make sure, just for the record, I want it
established that that was the case.
Commissioner Dawkins: Have they paid...
Mr. Odio: But they were very nice.
57 October 22, 1992
Commissioner Dawkins: Have they paid us what they owe us?
-
Mr. Odio: Yes,
Commissioner Plummer: They had to or they couldn't have gone in...
Commissioner Dawkins: No. I mean, now.
Mayor Suarez: For the new one?
i
Mr. Odio: I don't know. I have to check but they were very nice...
Mayor Suarez: OK. If you could check that out and report back.
Mr. Odio: ...as far as...
Commissioner Dawkins: Yeah. OK. Go ahead, Mr. Mayor.
Mayor Suarez: All right.
------------------------------------------------------------------------------
11. FUND DE HOSTOS SENIOR CENTER, INC., FOR REMAINDER OF YEAR, FROM 18TH
YEAR (CDBG) FUNDS -- DISCUSSION CONCERNING STATUS OF THE WILLIAM MORALES
PENDING INVESTIGATION -- DIRECT MR. MORALES TO STAY AWAY FROM THE CENTER
UNTIL THE SITUATION IS CLEARED.
------------------------------------------------------------------------------
Mayor Suarez: Items 3, 4 and...
r
s�
Mr. Cesar Odio (City Manager): By the way, Mr. Mayor...
Commissioner Dawkins: Did we call the roll?
Mayor Suarez: ...five are all related, I believe.
Mr. Odio: It's a nice event.
■ll
Vice Mayor Alonso: No.
Mayor Suarez: No?
a
Commissioner Plummer: Oh, really.
Vice Mayor Alonso: Not necessarily...
_!.
Commissioner Plummer: I heard you closed it down.
Vice Mayor Alonso: Four, I think, we will have to address.
i
58 October 22, 1992
Commissioner Dawkins: Five is not.
Mayor Suarez: Eighteenth year Community Development Block Grant funding...
Vice Mayor Alonso: Yes, but remember...
Mayor Suarez: Oh, I'm sorry. You're right.
Vice Mayor Alonso: Yes.
Mayor Suarez: De Hostos Senior Center. OK.
Mr. Odio: We're not...
Commissioner Plummer: Well, four is something different.
Mr. Odio: No, we... On four Mr. Mayor, we're not... we have an ongoing
investigation. It is... I just received word from the Chief before lunch
that it was not concluded and we want to keep the status quo. Mr. Morales
should not be the executive director now.
Commissioner Dawkins: OK.
Mayor Suarez: All right.
Commissioner Plummer: Yeah. But somebody came to my office yesterday and
told me that the guy is still showing up there.
Mr. Odio: Well, I asked the attorney... If he's here somewhere. Wait.
...that to please keep him out. He admitted to me that it's his fault. He
told him to go and I asked him to keep him out as of... until this.
Mr. John Thornton, Sr.: to get done.
Commissioner Dawkins: You don't ask him. You tell him to keep him out.
Mr. Odio: That's right.
Commissioner Dawkins: You don't ask him to keep him out. You te11 him to
keep him out.
Mr. Odio: That's what I did but...
Commissioner Dawkins: OK. All right.
Commissioner Plummer: OK.
Mayor Suarez: All right. And do we have any timetable for the pendency of
that matter?
Vice Mayor Alonso: May I ask a question?
Mayor Suarez: Yes.
59
October 22, 1992
Vice Mayor Alonzo: Has he been told before not to be there?
Mr. Odio: Yes. Yes, he was. Yes, he was told not to be there.
Mr. Thornton, Sr.: He is a director. And there's plenty of paperwork that
should have done since July 1...
-. Commissioner Dawkins: Sir... Sir...
k
Mr. Thornton, Sr.: ...that he knows how to do.
Commissioner Dawkins: Sir, let me tell you something.
Vice Mayor Alonzo: No.
Commissioner Dawkins: This Commission told Mr. Morales to stay away from the
center until we have resolved this. Now...
Mr. Thornton, Sr.: There is nothing in the transcript on that.
Commissioner Dawkins: It was understood...
Mr. Thornton, Sr.: I'll do it. Don't get me wrong. I'll do it.
Commissioner Dawkins: No, no. Well, why would we have put the other lady
there if we wanted him there to run it? You explain that to me.
Mr. Thornton, Sr.: He's not running it. He's...
Commissioner Dawkins: He has no business there... at administrating.
Mr. Thornton, Sr.: He's on the Board of Directors...
Mr. Odio: He was told three times...
Mr. Thornton, Sr.: ..and he knows...
Commissioner Dawkins: OK. You see, Mr. Manager?
Mr. Thornton, Sr.: He has a special knowledge of how to run this.
_i
Commissioner Dawkins: Mr, Manager, they do not have my vote. I'm going to
tell you and the rest of my Commissioners. They are determined to run this
the way they want to run it. They don't want to listen to anybody and now
he's going to tell me, even though this Commission asked that he does not go
there, because he is on the Board of Directors, the Board of Directors decided
that he should be there. They let him be there. Let the Board of Directors
find the money to fund him.
Mr. Thornton, Sr.: Yeah. We've had Board of Directors meetings not at that
-
center...
Commissioner Plummer: Well, let me ask...
60 October 22, 1992
W
Mr. Thornton, Sr.: ...in order to avoid his not being there.
Commissioner Plummer: Let me ask, who is running the show up there, Mr.
Manager?
Mr. Odio We have the other... is running... We have an executive director
there and he's running and we have told him three times to stay out of there.
That's...
Vice Mayor Alonso: Can we get the lady who is in charge of the facility?
Mr. Odio: Yes. Where is the...
Mr. Thornton: She is here.
Vice Mayor Alonso: So that we convey to her the powers that she needs so that
she 1s in charge and no one else is to be in charge of the place. Or we pull
the funding. That's all. It's as simple as that. Ma'am, has Mr. Morales...
Ms. Adaljisa Iturrondo Martinez: Yes.
Vice Mayor Alonso: ...been involved... Would you state name?
Mayor Suarez: Please, yes. Because we've also missed the chairman's name.
Ms. Martinez: My name is Adaljisa Iturrondo Martinez.
Mayor Suarez: Go ahead. Say it again, please.
Ms. Martinez: My name is Adaljisa Iturrondo Martinez. I was appointed as
interim director of the center. And it's one... two or three times I have
been there, but as I understood, the board told him to go.
Commissioner Plummer: Well, excuse me. Is he a member of the board?
Ms. Martinez: He's a member and, as I understand, he's the president.
Commissioner Plummer: Of the board?
Ms. Martinez: I don't know if of the board or of the corporation.
Mr. Odio: One way or the other, you suspended him. He's not to be in contact
with that place and he should not have it. That's all.
Commissioner Plummer: Does the board have the power to suspend?
Mr. Odio: You told us that it was subject to the funding that they would stay
out of that place...
Commissioner Plummer: I understand that, Mr...
_ Mr. Odio: ...that it would be run by her.
61 October 22, 1992
Mr. Odio: They would have the power to suspend. Yes.
Commissioner Plummer: The answer begs a yes or no.
Mr. Odio: Yes.
Commissioner Plummer: Then why hasn't the board suspended him?
Mr. Odio: Because the board, as you remember, was not in agreement with what
we did. That board that existed there now. But you also went to an
election...
Commissioner Plummer: I remember.
Mr. Odio: ...and the majority of the people in that neighborhood did not want
that board, did not want him running the place.
Vice Mayor Alonso: But, I guess, Mr. Manager, that we were clear enough
stating our position. We said, "We are going to give it to the people who won
the election," one. But number two, we also said that Mr. Morales was not to
run the place until his name had been cleared and the investigation completed.
And it was very clearly stated that she was in charge.
Ms. Martinez: I'm in charge.
i
Mr. Thornton, Sr.: We agree to that.
Vice Mayor Alonso: But then everyday we get phone calls.
Mr. Thornton, Sr.: And she's been running it.
Vice Mayor Alonso: We get statements. We get letters. We get visits from
people who were in support of Mr. Morales at one time and now are coming and
telling us, "He's not supposed to be there. He's not in compliance with your
instructions." And I'm really very disturbed to see that this is happening
because they are not paying any attention...
Mr. William Morales: Let me say something.
Mr. Thornton, Sr.: OK.
Vice Mayor Alonso: ...to what we said.
Mr. Thornton, Sr.: He went over there after the hurricane to help deliver
some food that hadn't been able to be gotten there.
Vice Mayor Alonso: Sir...
Mr. Thornton, Sr.: That's one of the reasons he went there.
i
-1 62
I
9i
October 22, 1992
Vice Mayor Alonso: We said we don't want Mr. Morales involved in the
operation of the center. We made it very clear he was not supposed to be
there. And I think that you people are playing with the decision of this
Commission. You are going to end up with zero.
Mr. Morales: Excuse me.
Vice Mayor Alonso: Because we're going to take the funds away from you.
Mr. Morales: May I say something? My name is William Morales. On July 13th,
the board of directors had a meeting where Mr. Luis Carrasquillo was present,
representing the City of Miami. At that time he made some recommendations
which we accepted and Mr. Arias, on the board of directors, passed a motion
that I should be advising Ada Martinez and that motion was seconded by Dorothy
Quintana. The advice that has been provided to Ada Martinez has been over the
phone. The only time that it has been at the center, I'm going to mention to
you. It was one time to install the computers with the assistance of the
accountant who is here present. The second time that I went to the center was
to provide training to Ada per her request, in order to comply with the City
of Miami reports. The third time was, and after the hurricane it was not at
the center because the center was closed. I was at the Domino kiosco area to
distribute the food. The third time, I went to the Daily Bread Food Bank in
my car because they called me. There was a lack of transportation to pick up
food that was donated to the center. They called me. I volunteered myself to
pick up that food and I brought it to the center and I left the center. I
never have been running the center. I have been giving advice over the
phone - only over the phone and she is a witness.
Vice Mayor Alonso: OK. Well, I'm going on the basis of the information I
have received in my office, and also the statement that the gentleman has put
on the record - that you were providing assistance into the operation of the
center...
Mr. Morales: Not at the center.
Vice Mayor Alonso: ...because you have the experience.
Mr. Morales: Not at the center. Over the phone - every time that she called
me. Only the times that they called me for any advice. I never called to
give any orders. I never called to say you should do this, and this, and
that. They called me, "I have a question on the monthly report. I don't know
how to do it. How do you complete this form?" And I go over the phone and
said you should do this, this, and that.
Vice Mayor Alonso: You know...
Mr. Morales: That's the only way that I've been advising her.
Vice Mayor Alonso: You know, I'm having second thoughts. When this was going
to be awarded, we asked... I asked, and at least for this vote, "Are you
people capable of running the center? Do you know how to do it? Could you
possibly handle what is going to be requested of you?" And we got, "Yes, yes,
yes," answers. "Yes we could do it. We have the experience. We have the
know-how," and we explained to all of you that it was complicated. Now...
63 October 22, 1992
t'
J `h
r Mr. Morales: Yes.
U
Vice Mayor Alonso: ...if they don't know how to do it and just in case,
suppose you cannot go back?
Mr. Morales: No. The center has...
Vice Mayor Alonso: What's going to happen?
Mr. Morales: The center...
Vice Mayor Alonso: I'm really beginning to have...
Mr. Morales: Excuse me. The center has been running...
Vice Mayor Alonso: ...second thoughts on the entire vote.
Mr. Morales: Excuse me. The center has been running since July but there are
some questions that she doesn't want to bother Joyce, or call the City of
Miami every time that she has a question, she asks me because she thinks that
I'll belong to the center in the near future. So, I don't think that I'm
doing a bad thing giving any advice. It's productive advice, positive advice.
I don't know what is the problem since... Really.
Mayor Suarez: Well, Commissioner Dawkins...
Commissioner Dawkins: I'm ready. I need a clarification. The lawyer said
that Mr. Morales was there as directed by the board. That's the statement the
lawyer made. Now, Mr. Morales said he was only giving advice over the
telephone. Now, I don't understand. Some place I'm lost.
Mr. Morales: We have the minutes. We can provide copies of the minutes.
Commissioner Dawkins: Beg your pardon?
Mr. Morales: We have the copies of the minutes...
Commissioner Dawkins: No, no.
Mr. Morales: ...of the board of directors.
Commissioner Dawkins: No, no.
Mr. Morales: I have not been...
Commissioner Dawkins: And when the lawyer started out and made his statement,
j the lawyer said, "Mr. Morales has a right to be there because the board
decided that he should be there." Now, Mr. Morales says, "I only gave advice
over the phone. I was not there." Now who is... I just need that cleared up
that's all.
Mr. Thornton, Sr.: The board of directors meetings have been at Kitco, not at
De Hostos Senior Center, because...
64 October 22, 1992
Commissioner Dawkins: You said that he was at the center, at the board of
directors. That's what you said.
Mr. Thornton, Sr.: He was at the board meetings.
Commissioner Dawkins: No, you said... I said he was at the center everyday.
And you said he had the right to be there...
Mr. Thornton, Sr.: No.
Commissioner Dawkins: ...because the board decided that.
Mr. Thornton, Sr.: No, no.
Commissioner Dawkins: All right. We'll get the minutes. That's all right.
Mayor Suarez: All right.
Vice Mayor Alonso: Yeah. I have a question.
Mayor Suarez: Vice Mayor?
Vice Mayor Alonso: He's also in charge of Kitco, now?
Mr. Thornton, Sr.: No, no. We had to have a place to meet so that was where
we... It's not too far away.
Vice Mayor Alonso: But it has nothing to do with the operation of Kitco.
Mr. Thornton, Sr.: No.
Vice Mayor Alonso: OK. Thank you.
Mr. Thornton, Sr.: Not at all. Just a place to meet.
Vice Mayor Alonso: I see.
Mayor Suarez: All right, Commissioners. I think the consensus is clear.
We're not expecting any active participation or involvement on the part of Mr.
Morales until that investigation is over and we, hopefully, wi11 have some
results -on that pretty soon. Is that correct? All right? In the meantime do
we need to do anything?
Commissioner Plummer: Well, let's go on the record to make it clear. Enough
of this horsing around. Mr. Morales, I personally am telling you, sir, that
if you go back before this investigation is cleared, sir, you will not stand a
chance to go back if you're cleared. Could I be any clearer than that?
That's one vote speaking for this Commission. If you go back prior to the
conclusion of the investigation and you're cleared, you will not go back in my
book. So, let it be understood where I stand.
Mayor Suarez: All right. Anything further, Commissioners?
65 October 22, 1992
Commissioner Plummer: Not on this issue, but related to Wynwood, yes.
Mayor Suarez: On the item 4?
Commissioner Plummer: No, sir. Related to Wynwood, but not on this item.
Mr. Thornton: How about the funding?
Mayor Suarez: OK. Does anybody want to move item 4? We can get on with it.
With the...
Commissioner Plummer: I don't think we have any choice. We've got to move
it. They've got to do what they've got to do.
Mayor Suarez: With all of the understandings that we have. So moved by
Commissioner Plummer. Seconded by the Vice Mayor. I perceived a slight nod.
Yes, sir.
Vice Mayor Alonso: Yes. Yes, I will second with, of course...
Mayor Suarez: All the reservations...
Vice Mayor Alonso: ...the clear understanding of the reservations that we
have.
Mayor Suarez: All right. Mr. Gonzalez-Goenaga, sir.
Mr. Manuel Gonzalez-Goenaga: Yes. Commissioners, the ship of fools
continues. In my dictionary, corruption continues. I'm not speaking in
particular now to this issue. Everything...
Mayor Suarez: Have you... Sir, wait a minute. You're not speaking to this
issue. Have you, in fact, gone out there and seen the work that is being done
at the De Hostos Senior Center?
Mr. Gonzalez-Goenaga: No, but I have talked to people and that's the issue.
Mayor Suarez: Right. If you're not speaking on this issue, have a seat.
Mr. Gonzalez-Goenaga: No, no. I'm speaking on the issue.
Mayor Suarez: OK. What do you want to say about the issue?
Mr. Gonzalez-Goenaga: The issue is that the real beneficiaries who are
supposed to get the services, which is the community...
Mayor Suarez: In this case, the elderly.
Mr. Gonzalez-Goenaga: Yes.
Mayor Suarez: More specifically in the community. If you don't know that,
you don't know anything about this issue.
66 October 22, 1992
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Mr. Gonzalez=Goenaga:
Hostos...
No, no. The Wynwood... The people there in De
Mayor Suarez: Sir, in this case...
Mr. Gonzalez-Goenaga: In the De Hostos.
Mayor Suarez: ...it is a senior center facility. Do you have anything to say
about that?
Mr. Gonzalez-Goenaga: Yes.
Mayor Suarez: What do you have to say?
Mr. Gonzalez-Goenaga: That the recipients of the services...
Mayor Suarez: Yes, the senior citizens.
Mr. Gonzalez-Goenaga: ...are the ones who should get the best results and I
see this bickering back and forth...
Mayor Suarez: Did you not see them here? Did you not know that they voted on
this particular case?
Mr. Gonzalez-Goenaga: I know they voted...
Mayor Suarez: Did you not know we went through all of that?
Mr. Gonzalez-Goenaga: Yes, I heard. But you... For the information that you
give, Mr. Suarez, and the full disclosure that I have always requested to the
citizens of Miami, and everything here is done not over the...
Mayor Suarez: All right. This is not related to the issue.
Mr. Gonzalez-Goenaga: ...over the counter. It's done under the counter.
Mayor -Suarez: All right, sir. Have a seat.
Mr. Gonzalez-Goenaga: Thank you very much.
Mayor.Suarez: This is not related to the issue. All right on item 4, we have
a motion and a second. Any discussion? Yes, Frank?
Mr. Frank Castaneda: Commissioners, to clarify your continuing one twelfth
funding or you're funding until the end of the fiscal year?
Mayor Suarez: End of the fiscal year.
Mr. Castaneda: End of the fiscal year.
Mavor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-678
A RESOLUTION ALLOCATING $134,941 OF EIGHTEENTH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, PREVIOUSLY
APPROPRIATED BY ORDINANCE NO. 10955, ADOPTED APRIL 2,
1992, TO DE HOSTOS SENIOR CENTER, INC., TO PROVIDE AN
ELDERLY SERVICES PROJECT IN THE WYNWOOD TARGET AREA
FOR THE PERIOD OF NOVEMBER 1, 1992 THROUGH JUNE 30,
1993; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY. WITH SAID AGENCY FOR SAID PROJECT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor 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
12. DISCUSSION CONCERNING ALLEGATIONS MADE BY MR. SANTIAGO CONCERNING THE
WYNWOOD NET OFFICE.
Commissioner Plummer: Mr. Mayor?
Mayor Suarez: Yes.
Commissioner Plummer: Mr. Manager, we received a very damaging letter about
the NET (Neighborhood Enforcement Team) in Wynwood. You have spoken to me
about it. I have not seen anything in writing refuting the heavy allegations
made by Mr. Santiago. I'm saying to you, Mr. Manager, that you either
schedule it as an agenda item to clear the air, or you write a memo telling
your side of some very heavy accusations. Because I, for one, am not going to
sit here and let them go unanswered. I was satisfied with your answer, that
it was true. But I think that as a position - a public position of the
Administration - you must answer the charges made in that letter. Thank you,
Mr. Mayor.
Mayor Suarez: OK. Item...
68 October 22, 1992
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Vice Mayor Alonso: We had... Let me put for the record. We met at Wynwood
with Mr. Santiago and Mr. Lopez and the representative of NET and even though
they have disagreements, and differences of opinion on how it should be
handled, I did not get the impression at the meeting, that they had strong
accusations of that nature. But I think... I agree with Commissioner Plummer
that it should be answered and a written response should be on record.
Commissioner Plummer: I think that you must answer in a public way because
the letter is public.
Vice Mayor Alonso: And also, maybe an appearance in front of the Commission,
if necessary. The police issue is one of great concern in Wynwood...
Commissioner Plummer: Well, that's a separate issue.
Vice Mayor Alonso: ...and it's something that we will have to address and
that's a separate issue. And we all agree we were going to meet again on this
issue and that we were going to take steps to correct some of the concerns.
Commissioner Plummer: Can I ask a question? You say you attended a meeting?
What...
Vice Mayor Alonso: Yeah. I called a meeting. They were calling my office.
They sent me correspondence and memos and...
Commissioner Plummer: It was a meeting in her office.
Vice Mayor Alonso: No. At their office. We set an appointment with...
Unidentified Speaker: At Mr. Santiago's office.
Vice Mayor Alonso: ...at Mr. Santiago's....
Commissioner Plummer: Were we all notified?
Vice Mayor Alonso: No, no. I called the meeting with them and then I invited
the City Manager. Did you explain to Commissioner...
Mr. Cesar Odio (City Manager): Yeah. I thought you...
Vice Mayor Alonso: ...about the meeting?
Mr. Odio: Yeah. I told you we had... Well...
Commissioner Plummer: No, you...
I Mr. Odio: I'm sorry.
Vice Mayor Alonso: You did not inform the rest of the Commissioners?
Mr. Odio: We had a... She had a meeting with them and asked us to be there
}_ and we were there.
,j
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69 October 22, 1992
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Commissioner Plummer: OK.
Mr. Odio: But it was a meeting that like...
.' CoMissioher Plummer: No, I'm sorry. But she was...
Mr. Odio: I'm sorry.
Commissioner Plummer: ...talking about a meeting as if I...
Mr. Odio: No, no. You were not...
Commissioner Plummer: I didn't get it on my calendar or something.
Mr. Odio: No. It was not...
Commissioner Plummer: I was wondering what it was.
Mr. Odio: No.
Vice Mayor Alonso: No, no. I was going to meet with them and I felt that NET
and the City Manager...
Commissioner Plummer OK.
Vice Mayor Alonso: ...should be present to respond to some of the
accusations, or allegations, or complaints.
Commissioner Plummer: OK.
Mr. Odio: In fact now, like I told you... like I said in that meeting,
there's another side to this whole thing, that one more... And already
1 Father...
Commissioner Plummer: Mr. Manager, the only thing I said to you now is, you
know, a year from now I'm not running - somebody else is. And these things
come' up, and they've never been answered, and they become a very important
issue in campaigns or other issues. Well, why didn't you do... you know, we
have Bill that has his program, "Wynwood - the forgotten community." There's
a TV program.
i1
Vice Mayor Alonso: I know.
Commissioner Plummer: OK? Heyl Whether you like it or you don't like it, it
goes out over the air every week. OK?
Mr. Manuel Gonzalez-Goenaga: And police brutality.
Commissioner Plummer: And what I'm saying to you is...
Mayor Suarez:., Mr. Gonzalez-Goenaga, have a seat, sir.
Commissioner Plummer: ...those kinds of accusations have got to be answered.
If you don't, they fester. I'm telling you that's it.
70
October.22, 1992
•
Vice Mayor Alonso: And the police issue is one that we all agree has to be
addressed, 1s very serious, and it's growing. And we w111 have to do
something and maybe we should bring them here in front of the City Commission,
plus the additional work that will have to be done by NET and the
administration with the Police Department.
Mayor Suarez: All right.
13. DIRECT MANAGER TO CONTINUE 18TH YEAR CDBG FUNDING OF KIDCO, INC.
---------------------------------------------------------------- ------ -----
Mayor Suarez: Item 5.
Vice Mayor Alonso: If nothing new...
Mayor Suarez: KIDCO.
Vice Mayor Alonso: Do we have any new information? If the situation is as
stated before...
Mr. Frank Castaneda: Yeah. There's...
Vice Mayor Alonso: ...I'm ready to move.
Mr. Castaneda: There is no problem with them.
Commissioner Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-679
A RESOLUTION ALLOCATING $61,364 OF EIGHTEENTH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, PREVIOUSLY
APPROPRIATED BY ORDINANCE NO. 10955, ADOPTED APRIL 2,
1992, TO KIDCO, INC., TO PROVIDE A CHILD CARE PROJECT
IN THE WYNWOOD TARGET AREA FOR THE PERIOD OF NOVEMBER
1, 1992 THROUGH JUNE 30, 1993; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCY FOR
SAID PROJECT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
71 October 22, 1992
i
Upon being seconded by Commissioner Plummer, 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: Commissioner Miller J. Dawkins
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I'm going to vote yes, but I'd like to ask my colleague
that voted no if he knows something that he can...
Commissioner Dawkins: No. I don't know anything. It's just that I don't
feel that they are... my personal opinion...
Commissioner Plummer: OK.
Commissioner Dawkins: ...that they acted...
Commissioner Plummer: No, I respect your right to vote no.
Commissioner Dawkins: OK.
Commissioner Plummer: It's just that maybe...
Commissioner Dawkins: Yeah, but no. I don't...
Commissioner Plummer: ...you knew something we ought to know.
Commissioner Dawkins: No. I don't feel that they acted in good faith when
they went and took the building from the other group and then went in and the
other group did not have any place to house, the daycare and they took it.
So, I just...
Commissioner Plummer: I concur with your statements, but I have to vote
favorably to protect the kids.
Vice Mayor Alonso: Yeah. He voted against the...
Commissioner Plummer: You made the point.
Vice Mayor Alonso: Yes.
72 October 22, 1992
_. _
14. (A) DISCUSSION CONCERNING PRESENT STATUS OF MODEL HOUSING COOPERATIVE,
INC. AS A NON -CERTIFIED, NONPROFIT CORPORATION -- DIRECT ADMINISTRATION
TO CONTINUE TO WORK WITH THEM IN CONNECTION WITH THE NEW FEDERAL HOME
PROGRAM
(B) DIRECT MANAGER TO INVESTIGATE NEWS THAT DEPARTMENT OF COMMUNITY
AFFAIRS HAS $6090009000 IN SUPPLEMENTAL APPROPRIATIONS OF HOME FUNDS AS
A RESULT OF HURRICANE ANDREW PACKAGE AND REPORT BACK TO COMMISSION --
DIRECT MANAGER TO TRACK DOWN INFORMATION SO THAT INTERESTED GROUPS MAY
START APPLYING.
------------------------------------------------------------------------------
Mayor Suarez: Item 6. Model Housing Cooperative, Inc.
Mr. Cesar Odio (City Manager): Mayor, before they can even come to you, they
have to be... have to apply... you have to... Tell them, Jeff.
Mr. Jeff Hepburn: Yeah. We met with Mr. Godoy about two weeks ago to discuss
the home program, the new federal program that's coming down and discussed the
fact that that project, perhaps, could be funded under that program. The only
problem we have at this point is that he's not a certified nonprofit at this
point. He's not a 501.
Vice Mayor Alonso: He's not?
Mr. Hepburn: He's not. He's not. Until that occurs, we cannot seriously sit
down with him and provide that funding.
Vice Mayor Alonso: So, the same situation remains. We send the
recommendation that you work with them...
Mr. Hepburn: He'll continue to work with the Administration.
Vice Mayor Alonso: ...and the reason that it's preventing the approval is
that they are not...
Mr. Hepburn: A nonprofit...
Vice Mayor Alonso: ...nonprofit.
Mr. Hepburn: ...certified by the State.
Vice Mayor Alonso: Once that is established...
Mr. Hepburn: We could... 501. Yeah, 501C3
Vice Mayor Alonso: OK. Fine. So it should not have been here in this
agenda, to begin with.
Mr. Odio: Well, because I didn't want to deny his right to appear.
Vice Mayor Alonso: Oh.
73 October 22, 1992
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Mr. Odio: He wrote a letter saying he wanted to appear.
Vice Mayor Alonso: He's not here so, I suppose they understand.
Mr. Hepburn: We'll continue to work with him.
Vice Mayor Alonso: OK.
Commissioner Plummer: And he gets very upset afterward.
Vice Mayor Alonso: Fine. OK,
Mayor Suarez: Mr. Hepburn?
Mr. Odio: Yeah?
Mayor Suarez: Mr. Manager, I'm being told by the Department of Community
Affairs that there are $60,000,000 in supplemental appropriations of home
funds, as a result of the Hurricane Andrew package. Could you track that down
and see how we can spread the word that all of our groups ought to be starting
to apply for that right away, before Hawaii and Florida obtain all that
funding.
Commissioner Plummer: Yeah. Before November the third.
Mayor Suarez: And before November 3rd, preferably.
15. DISCUSS AND CONTINUE TO NEXT MEETING CONSIDERATION OF PROPOSAL RECEIVED
FROM A GROUP OF EXISTING TENANTS AT DINNER KEY BOAT YARD TO MANAGE AND
OPERATE THE FACILITY ON AN INTERIM BASIS PENDING CONCLUSION OF RFP
PROCESS -- ITEM WAS CONTINUED TO GIVE OPPORTUNITY TO FACILITATE
EXPRESSIONS OF INTEREST FROM MINORITY GROUPS (See label 34).
Mayor Suarez: Item 7.
Vice Mayor Alonso: Everything is in his mind...
Commissioner Plummer: Mr. Mayor, I would proffer to you, sir. I have met
with the people, even though it's not my Commission Awareness program, but let
me offer to you, sir, what I have agreed with them, and what I would be
willing to offer a motion on. Number one - they must clean up the boat yard
within ten days. Number two - they will pay a minimum monthly rental of
$139000 dollars...
Ms. Lucia Dougherty: Ten days OK?
74
October 22, 1992
Commissioner Plummer: ...and ten percent of anything of gross above $60,000.
They will be on a 30 day lease, fully recognizing leases that they write to
the boat owners of 90 days has to be honored. They must comply with all
requirements of insurance demanded by the City of Miami. Anti they must pass a
background check that they have no skeletons which could later come back to
embarrass this Commission. Under those circumstances, after my colleagues
have had their right of discussion, is the kind of motion that I'm willing to
offer.
Mayor Suarez: All right.
Commissioner Plummer: If there is no discussion, I'm...
Mayor Suarez: Commissioner Dawkins?
Commissioner Dawkins: There are 40, for the lack of a better word, entities
at the boat yard. Counsel represents five of the 40, which means there are 35
entities that are not accounted for, which means there are 35 entities making
money and yet we're only discussing the 5 who are willing to guarantee us
$13,000...
Commissioner Plummer: Oh, no.
Commissioner Dawkins: ...a month...
Commissioner Plummer: No, no.
Commissioner Dawkins: ...and five percent...
Commissioner Plummer: Ten percent over 50.
Commissioner Dawkins: ...ten percent of $50,000.
Commissioner Plummer: Over 50 gross.
Commissioner Dawkins: OK. Over $50,000. What are you going to do... What
happens if the 40 vacate the property? The other 40?
Commissioner Plummer: The 35 will be paying the five rent.
Commissioner Dawkins: Five rent?
Commissioner Plummer: Sure.
Commissioner Dawkins: Yeah. Why can't the 5... Why can't the 35 pay the
rent to the City? I mean, I don't see... We could...
Commissioner Plummer: Because the City has only been getting a maximum of
$20,000 on the gross...
Commissioner Dawkins:
Commissioner Plummer:
Then evict all of them.
...and costing us 50.
75
October 22, 1992
Commissioner Dawkins: Evict all of them. I mean, you know, we constantly sit
here...
Commissioner Plummer: You can't...
Commissioner Dawkins: ...and give away City property and everything. Now
here we are. It's 40... I don't care what you call them. ...forty
businesses over there, and yet we come here to have the people of the City of
Miami think that because five entities are going to pay us, then they're going
to go collect from the other 35...
Commissioner Plummer: Or they're gone.
Commissioner Dawkins: You know, why can't they say we're going to collect
from everybody, and they will all be leasees of the City?
Commissioner Plummer: Two things, Commissioner. Number one - that 1s that
they are... the City is stilt anticipating going out with an RFP (Request for
Proposal). It's an interim solution to a problem. But let me tell you, sir,
I don't know of a boat yard's necessity of need, more than it is today after
Andrew's devastation. That boat yard over there is loaded with boats with
holes in them. I saw one yesterday I could have driven my motorcycle through
the side of the boat. It was...
Commissioner Dawkins: Do you still own it?
Commissioner Plummer: The boat?
Commissioner Dawkins: The motorcycle?
Commissioner Plummer: I still own the motorcycle. Yes, sir. I didn't drive
it through the boat.
Commissioner Dawkins: OK. No problem.
Commissioner Plummer: It's an interim solution, hopefully until the RFP is
concluded and awarded.
Mayor Suarez: Where's the Waterfront Board? Supportive?
Commissioner Dawkins: The... You know...
Mayor Suarez: I'm just going to... As long as I put the question out. Does
the Waterfront support it? The Waterfront Board support it?
Mr. John Brennan: Absolutely.
Mayor Suarez: All right. Sorry.
Commissioner Dawkins: That doesn't mean anything to me, but that's good. The
Waterfront Board always supports things that I don't support, so tndt isn't
anything new.
76 October 22, 1992
Commissioner Dawkins: No, we've both got the Chamber of Commerce.
Commissioner Plummer: OK.
Mayor Suarez: I'm going to give Frank Albritton your address.
Commissioner Dawkins: But, the... I mean, I just don't... for me, I can't
see why there's 40 business over there, and as you.... And you just made the
statement, not me. ...that they're making money, because there are boats over
there that need to be repaired. So, that means all 40 of these businesses are
making money, but yet the City of Miami is going to contract with five of them
and allow them to cut a contract with 35. It would be better if we cut a
contract with 35 and let the other people cut a contract with five.
Commissioner Plummer: I don't think... Now, I can't answer, but I don't
think the other 35 are willing to cough up for the $13,000 minimum guarantee
monthly.
Commissioner Dawkins: Well, let them... But see, I have no problems with the
five because they're willing to pay, and they want to serve the City.
Commissioner Plummer: They're putting their money where their mouth is.
Commissioner Dawkins: But the 35 are getting a free ride.
Commissioner Plummer: Oh, no, no, no.
Commissioner Dawkins: Oh, yes, yes, yes.
Commissioner Plummer: What they're... No. Listen to me. That's going to
stop.
Commissioner Dawkins: No. Yeah, but it was...
Commissioner Plummer: Let me tell you how it's going to stop. If a boat
owner works on his own boat, he will be charged a fee beyond the rental.
Ms. Lucia Dougherty: That's right.
Commissioner Plummer: If he brings in subs, the five will get a percentage
override on the subs, and that's where the monthly fee is going to come from.
Commissioner Dawkins: You know...
Commissioner Plummer: No more free lunch.
Commissioner Dawkins: You know, the only thing that I can say to help me
f understand this is I have yet to sit here and see a black group come up here
and get these kinds of... these kinds of perks. I have yet to sit here, but
every time there's some...
77 October 22, 1992
Commissioner Plummer: Is there one?
Commissioner Dawkins: ...waterfront property available, it's always somebody
other than us who got the benefits. Now, not a one of those businesses in
there are black, and that's my problem.
A. Quinn Jones III, Esq. (City Attorney): Mr. Mayor, if I could. Let me
clarify something that you should be aware of that's very important. First of
all Commissioner Plummer referred to this as a lease...
Commissioner Plummer: No, no. A management contract.
Mr. Jones: OK. I want that understood.
Commissioner Plummer: No, no. It can't be a lease under the... Charter.
Mr. Jones: It cannot be a lease because that would violate the Charter.
Also, before you take any vote, you need to articulate a finding on the record
that this is strictly for emergency purposes to justify taking this particular
action, because otherwise you've got a problem with your Charter provisions.
Commissioner Plummer: I said, "never was the need greater." If that doesn't
justify the emergency, I don't know what does.
Mr. Jones: No, it would. I'm just telling you what you need to do, in terms
of taking... before taking a vote, to make a finding on the record that this
is an emergency, and it justifies taking the action that you're going to take.
Commissioner Dawkins: I move... I move that this be tabled and that I be
allowed until the next meeting to see if I can find some blacks, and other
minorities, females, and what have you, who are interested in going there and
trying to make some of this money.
Commissioner Dawkins: Do you want to withdraw the...
Commissioner Plummer: I withdraw... Well, I never made my motion...
Mayor Suarez: All right.
Commissioner Plummer: ...but if that's what my colleague wants...
Mayor Suarez: So, it's a motion to...
Commissioner Plummer: ...I'm not going to fight it.
Mayor Suarez: Motion to defer, continue until the next meeting, made by
Commissioner Dawkins. Seconded, Commissioner Plummer. Call the roll.
78 October 22, 1992
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The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 92-680
A MOTION TO TABLE CONSIDERATION OF PROPOSALS RECEIVED
FROM A GROUP OF EXISTING TENANTS AT DINNER KEY BOAT
YARD TO MANAGE AND OPERATE THE FACILITY ON AN INTERIM
BASIS PENDING CONCLUSION OF REQUEST FOR PROPOSALS
(RFP) PROCESS IN ORDER TO GIVE MINORITY GROUPS AN
OPPORTUNITY TO PARTICIPATE IN SAID RFP.
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.
COMMENTS MADE DURING ROLL CALL:
Commissioner De Yurre: How long are we going to wait? Until the next
meeting?
Mayor Suarez: Yeah.
Commissioner Plummer: Next meeting.
Mayor Suarez: There's only one in November.
------------------------------------------------------------------------------
16. (A) DISCUSSION CONCERNING PROPOSED RESOLUTION TO CONTRACT FOR
PROFESSIONAL LEGISLATIVE CONSULTATION SERVICES BEFORE THE METROPOLITAN
DADE COUNTY COMMISSION -- NO ACTION TAKEN (See label 18).
(B) BRIEF MENTION OF PRIOR DIFFICULTY ENCOUNTERED BY THE CITY FOR
REIMBURSEMENT BY THE COUNTY CONCERNING EXPENSES ASSOCIATED WITH THE JAIL.
Mayor Suarez: Item 8.
Commissioner Plummer: Mr. Manager, we sent item 8 back to you and put the
monkey on your back.
Mr. Cesar Odio (City Manager): No. As a matter of fact, you sent it to the
Zoning Board.
79 October 22, 1992
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Commissioner Plummer: Well, I sent it to somebody to ask. Now, don't...
1
Commissioner De Yurre: Now, they... Oh, Jesus. J.L.?
Mr. Odio: I'm the only one that could...
Commissioner Plummer:
Commissioner De Yurre:
Commissioner Dawkins:
A. Quinn Jones III, Es
Mayor Suarez: All rig
Commissioner Plummer:
Commissioner De Yurre:
The ball was in this court. Please, please!
When will you learn?
Get him off your back.
q. (City Attorney): On the City Attorney's back.
ht. On the item before us...
Liel
I don't...
Mayor Suarez: ...with or without recommendation from any department or...
Commissioner De Yurre: J.L., don't say anything else for the rest of the
evening.
Commissioner Plummer: The question...
Commissioner De Yurre: Mr. Mayor, the first...
Commissioner Plummer: The question that I asked that the matter be further
looked into for was that one of the firms who was interested in being awarded
made a comment to me, in front of the Manager, that he felt that he could
bring back to this City at least double of the amount of revenue that he was
going to be paid. And that was the only reason that I asked that it be sent
back to look at further, and that I would abide by the recommendation of... I
thought I said into the Manager.
Mr. Odio: No.
Mr. Jones: No, it wasn't.
Commissioner Plummer: OK.
Mr. Jones: It wasn't the case, but...
Commissioner Plummer: If it weren't for the City Attorney or both of you...
Mr. Jones: Yes, both. Both.
Commissioner Plummer: I move my vote will be predicated on both of your
recommendations...
Mr. Jones: OK.
80 October 22, 1992
F Commissioner Plummer: ...assuming they're the same...
Mr. Jones: Let me just address this.
Commissioner De Yurre: Well, let me... Let me say something first. You
know, there are two issues here. One is, are there at least three votes to go
ahead with this concept, and number two - who's going to do it? Now, before
we get into the who's going to do it, are there three votes for this concept?
Commissioner Plummer: We11, that... We're going to find that out, or at
least I'm going to find out what the Administration feels. Is it necessary or
is it not? And the City Attorney is going to recommend whether he feels if
it's necessary or it's not. Then we'll talk about three votes.
Mr. Odio: Wait, each... you preach to me that you set policy around here.
Commissioner Plummer: Sir, you will recall that there were statements made
before, and we brought that back to you. OK? Was it justifiably to be
considered? I'll ask it again. I don't know that the statement made to me is
a true statement, that if we paid a man $40,000 to represent us at the County,
that he could bring back to this City $80,000. I don't know that.
Commissioner De Yurre: Well, J.L., anyone who's a lobbyist, that if there's
40, or 50, or whatever the amount is that we would pay... if all he can bring
back is double that money, I'm not going to vote for him. I mean, like, there
are issues here such as the tipping fee, which are millions of dollars, just
lowering that "X" percent, you're talking about hundreds of thousands of
dollars. Anybody that's going to save me only $50,000 during the course of
the year by going and doing lobby in the County...
Commissioner Plummer: When did it go to 50? The last I heard was 40.
Commissioner De Yurre: Well, I'm talking... Look, whateveri
Commissioner Plummer: OK. Heyl
Commissioner De Yurre: Forty, thirty, fifty! "X" dollars.
f
1
Mr. Jones: Commissioner...
Commissioner Plummer: I will abide my vote on the recommendation of both of
them.
Mr. Jones: Commissioner, let me just explain to you. We... Myself, met,
along with the Legislative Coordinator and the Manager's assistant, Ms. Karen
Wilson, met with the three firms that responded, who happened to have been
Becker & Poliakoff, Dubbin Berkman, and, of course, Adorno & Zeder. Taking
into consideration your concern about... as you've just addressed, none of
the firms were absolutely willing to guarantee that they could double, triple,
or whatever, what the City would normally get. What they did indicate...
Each of the firms did indicate that they would use their best efforts to
assure that the City received all monies that had been allocated to it that we
would receive. We're very impressed with two firms and, of course, after
81 October 22, 1992
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i
having sat back and evaluated it, looking at the experience, and based on the
interview that we conducted and specific questions posed to the
representatives of these firths, if in fact it is your desire to go along with
this, it was my recommendation as City Attorney that the firm of Becker &
Poliakoff seems best qualified.
Commissioner Plummer: Now, will you answer my question? Is there a need...
Mr. Jones: Well...
Commissioner Plummer: ...and is it justified?
Mr. Jones: OK. From my perspective as City Attorney, and I'm not sorry that
you put me in this position, but what I will say Is that It's a very novel
idea. I noted you have expressed, time and time again, concerns that the City
is not getting its entitlement to this fund, or whatever fund, whatever else.
I certainly know how the Manager feels on this, and I'm willing to tell you
that as a pilot, as a trial program, or whatever, certainly I'd be the first
to say that there needs to be some better dialogue in dealing with County
counterparts, or City counterparts, it may be more productive. I think it
might be a good idea to try it. It can't hurt to try it, and that's my
recommendation.
Commissioner Plummer: Mr. Manager?
Mr. Odio: What?
Commissioner Plummer: Mr. Manager, what is your recommendation? I'm asking
the question.
Mr. Odio: Well, I don't think anything that firm can do that we cannot do.
Commissioner Plummer: You're saying you feel it could be done in-house.
Mr. Odio: If you're asking me on the record, I have to say that. If you're
asking me if that firm can do more than we can do with the County, the answer
is no.
Commissioner Plummer: Thank you, sir.
Mayor Suarez: All right?
Commissioner Plummer: I have one other question. I had a firm call me. Mr.
City Attorney, is there any truth to the fact that you only notified three
f i rms?
Mr. Jones: That is totally incorrect. I think the list that we...
Commissioner Plummer: Well, for the record would you tell approximately how
many you called?
Mr. Jones: I think there were approximately 12 to 14 firms that were
notified, and the only responses we received were three.
82 October 22, 1992
Commissioner Dawkins: I don't see how we could sit here and say that
something is not needed to deal with the County.
Commissioner Plummer: Yeah. A big stick is what we need.
Commissioner Dawkins: The County has committee meetings, and then in the
committee meetings they decide things that do not get to the Commission. When
it gets to the Commission it is already made up.
Commissioner Plummer: That is the problem.
Commissioner Dawkins: We do not attend the committee meetings. Right now we
have been fighting to make the County give us the part of the waste tire fee.
The County gets 11V dollars per year to pick up old automobile tires. Each
municipality is entitled to a portion of that money. Not only does the County
not give us that money, which is due us, it also charges us for dumping the
tire that we picked up that they are suppose to pick up. Now if anybody can
sit up here and tell me that we do not need somebody to find out, legally,
because we have tried everything else but going to court, to demand this part
of the money, I don't know what else you need. We need somebody who is
responsible for following legislation in Dade County that affects the City of
Miami. If we have somebody over there who can alert us to what is happening,
then we can plan ahead instead of reacting. We can know. But there again...
Commissioner Plummer: That is a true statement.
Commissioner Dawkins: ... it takes three votes up here, and three votes will
decide whether it is important or not.
Mayor Suarez: All right. Anything further, Commissioners, on this item?
Commissioner De Yurre: Mr. Mayor, I am going to make a motion, and, again,
when we are talking about a 3.7 billion dollar budget that the County has, and
in the five years that I have been here, time and time again we hear this same
complaint, that the money is tied in this committee, that the Finance
Committee will not recommend to the Commission to go ahead and disburse the
monies that, for example, the Miami Arena was supposed to get. And now it is
moving along again but it is a year or two later. The Orange Bowl money...
It is an ongoing thing, and either we are lobbyist here, and there are, you
know, people say well the Commissioners should do their own lobbying. You
know, it is not our job to be spending, and we don't have the time either, to
be involved...
Commissioner Dawkins: We are not paid to do that.
Commissioner De Yurre: Well, we certainly don't get paid for much of
anything, that is for sure. We don't have the time to be involved at that
level. If we are talking about committee level, talking about commission
level, we need to have a voice, it is my feeling, that has the contacts in
there. If you want to call them hired guns, that is the system. The day you
change the system, then we will change the concept. But I believe just like
our City Attorney said, that as a pilot program, yes, it is innovative, but,
83 October 22, 1992
16 0
you know, we have to get creative when there is a need. I am sure that
whatever the amount that we pay, it will come back tenfold because all it
takes is just one item for us to get that money back and then much more. So I
am in favor of moving that we do adopt it for a one year period this concept
of having a County lobbyist, and I will recommend following the recommendation
of the City Attorney, the law firm of Becker & Poliakoff. Again, I need to
know exactly how much it is they are asking. What is the amount that they are
asking?
Mr. Jones: It is fifty thousand plus reimbursement for reasonable expenses.
Commissioner De Yurre: Which are basically what? Can we cap it? We'll cap
it at fifteen thousand for local. No. Fifty plus twenty. Maximum twenty. I
would so move.
Mayor Suarez: So moved. Do we have a second?
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Any discussion?
Commissioner Plummer: Only under discussion, Mr. Mayor, and my colleagues. I
find it impossible to vote favorably predicated on the statement of the
Manager. That he doesn't feel that anybody, and it is not speaking good or
bad against the particular firm that has been selected, can do a better job
than he can do in-house, and if he can do it that we can do it in-house.
Predicated on that statement I cannot vote favorably on the motion.
Mayor Suarez: All right.
Commissioner Plummer: But I am going to expect of the Manager to do in house
just those things that my colleagues spoke about, about the tires and all of
the other things. And if we can't do it then I think we have to go out and
get professional help.
Commissioner Dawkins: Well I will be voting with the motion simply because if
the Manager could have done it, he would have done it in house. The Manager
now is short-handed, and every time you look we are consolidating and adding.
After a while you are going to overload the camel. Somewhere along the line
somebody, I don't know who is going to have the guts to tell the Manager, I am
overloaded, I can't do nothing else.
Commissioner Plummer: Have we got the money...
i
f Commissioner Dawkins: And the Manager may have to replace him, but that
individual is going to show up eventually and tell the Manager, "Sir, just
}
like the slave used to tell the plantation manager, I just can't do this."
Commissioner Plummer: Have we received the money for the jail?
Mr. Odio: We have an agreement... Yes. Yes and no. We are supposed to get
a check next week I hope, but the agreement has been finalized, and we will
get a million eight hundred thousand dollars for the year.
84 October 22, 1992
Mr. Jones: Let me... Commissioner, let me just...
Mr. Odio: It is a question of putting it in writing.
Mr. Jones: There is some mechanics that want to be worked out, and I am glad
that the Manager brought this up because part of the deal of getting the check
1s that we drop the lawsuit, and 1 can...
Commissioner Plummer: The lawsuit was only to get the check.
a Mr. Jones: Well. OK.
Commissioner De Yurre: How much has that lawsuit cost us in dollars and time,
Mr. Jones?
Mr. Jones: I would say probably with the initiation of the filing of the
complaint, we have probably spent at least a good 40 to 50 hours to date on
it.
Commissioner Plummer: In-house?
Mr. Jones: Yes.
Commissioner De Yurre: It is like $15,000 right there.
Mr. Jones: But I would have to caution you. I don't feel comfortable with
dropping the lawsuit, I really don't.
Mr. Odio: The problem is I can't get the check. The agreement was a shake of
hands.
Commissioner Plumper: Well, wait a minute. What's...
Mr. Jones: We will work it out. I am sure we can work it out.
Commissioner Plumper: Wasn't the basis of the lawsuit to get the check.
Mr. Odio: Sure.
Mr. Odio: OK. I get the check if they drop the law suit.
Mr. Jones: There are some other conditions that are in there...
Commissioner Plummer: Well tell us what they are.
Mr. Jones: I don't...
Vice Mayor Alonso: When we get the money, will the money go to the fund
balance?
i
Mr. Odio: Sure. You can do whatever you want with the money once we get it.
Vice Mayor-Alonso: Because it was not. We•were not counting on this money in
the budget, so I suppose it will go to the fund balance.
85 October 22, 1992
F
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Mr. Odio: That is fine.
Vice Mayor Alonso: In case of an emergency.
Mr. Odio: It is your decision where to go.
Commissioner Plummer: Hey. We got six million to pay 1n back, what is it?
workmen's comp. Isn't that what it is?
Vice Mayor Alonso: Maybe fourteen.
Mr. Odio: No. But I talked to the attorney...
Vice Mayor Alonso: Maybe it is fourteen.
Commissioner Plummer: You know, Mr. Manager, I want to tell you something.
Your previous predecessors in this job always brought about my wrath of
something I am starting to see. I don't want to read about my City 1n the
newspaper first. I have not received one single word from you or the City
Attorney in reference to the article in the paper this morning.
Mr. Odio: Well I...
Commissioner Plummer: I don't like the paper calling me, asking me questions,
and I have got to tell the paper I am sorry I don't know what you are talking
about.
Commissioner Dawkins: Do you ever?
Mr. Jones: Commissioner, I, for one, apologize. I was able to reach two of
the Commissioners, and, of course, Mr. Tanfani has been trying relentlessly to
get me to talk to him this week, and because, and since you mentioned...
Commissioner Plummer: He doesn't pay you.
Mr. Jones: Let me just... I understand, but since you brought it up let me
use this opportunity, very quickly, because the article that was written
failed to mention a very important point. We have ten cases, with the same
issue, that are pending before the Supreme Court. The order that came down on
Monday simply said we don't have jurisdiction, we are not going to hear it.
There are four other cases that the First District Court of Appeal had
certified the question and the Supreme Court will undoubtedly hear it. What
we have done we did on Wednesday afternoon. We filed for an extraordinary
writ advising the court, because we really don't think that the justices
realize that the four cases with the certified question were the same as the
ones that they said that they wouldn't have jurisdiction over. Hopefully,
they will have a change of heart, and they will agree to hear all of those
cases, and, again, I apologize for not getting to you quicker, to tell you
that we have been working diligently to get something filed with the Supreme
Court.
Commissioner Plummer: OK. I accept that.
86
October 22, 1992
4
Commissioner Dawkins: I will be ready to vote after I make some statements...
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: ... and you call the roll.
Mayor Suarez: All right, sir, and if no one else has...
Commissioner Dawkins: I would like to just cite another example of why we
need help. We have been arguing with the County for the last five years for
the County to pay us rent for the jail they are using on 11th Street. We
haven't gotten 1t yet. Had we had somebody over there we might have been able
to collect our money for use of the jail.
Commissioner Plummer: Well, that is what I just asked.
Commissioner Dawkins: That is all right. Call the roll.
Mayor Suarez: All right. On the motion before us... I guess I don't have to
restate how I feel about the need to pay someone to lobby on behalf of the
City, that '%a County Commissioners and the Mayor do what they are supposed to
do in the first place. We really should not need to do this, and I... No
discredit to the applicants and to their particular ability to monitor things
for us or even influence the actions of the County. I just can't see doing
it, and I don't think it is a good idea for the City to establish that
precedent. Anything further from anyone? If not please call the roll on the
motion.
THEREUPON RESOLUTION DULY MADE BY COMMISSIONER DE
YURRE AND SECONDED BY COMMISSIONER DAWKINS THE
HEREINABOVE PROPOSAL FAILED BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
NOES: Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
ABSENT: Vice Mayor Miriam Alonso
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: For the reasons so stated, I vote no.
COMMENTS MADE AFTER ROLL CALL:
Ms. Hirai: It is a two to two.
Commissioner Plummer: Two, two.
Mayor Suarez: All right. The motion fails for the moment. Item 10.
Commissioner Plummer: Nine.
87 October 22, 1992
------------------------------------------------------------------------------
17. (A) WAIVE PROHIBITION CONTAINED IN CODE SECTION 2-302 TO ALLOW MARTIN
FINE, ESQ. (PRESENTLY SERVING ON DOWNTOWN DEVELOPMENT AUTHORITY)
AND MANUEL ALONSO-POOH, ESQ. (PRESENTLY SERVING ON ZONING
BOARD) TO APPEAR BEFORE THE COMMISSION.
(B) APPROVE APPOINTMENT OF: (a) FINE, JACOBSON, SCHWARTZ, NASH AND
BLOCK, AND (b) MANUEL ALONSO-POCH -- TO PROVIDE BOND COUNSEL
SERVICES FOR REFINANCING OF OFF-STREET PARKING DEPARTMENT'S 1986
SUBORDINATED DEBT OF $2,000,000 AND 1986 SENIOR DEBT OF
$14,440,000.
------------------------------------------------------------------------------
Mayor Suarez: Item nine. Fine, Jacobson, Schwartz, Nash & Block, Manuel
Alonso Poch to provide bond counsel for the refinancing Off -Street Parking
Department's 1986 subordinated debt. You are hoping to have a window of
opportunity. The interest rates are still going down, right, on municipal
bonds?
Mr. Clark Cook: Yes. Clark Cook, Director of Off -Street Parking. Yes they
were until today. I understand they moved in the wrong direction today, but,
or yesterday, but they are still going down.
Mayor Suarez: How bad in the wrong direction just like a tenth of a point...
Mr. Clark: I think in a very small amount.
Mayor Suarez: All right. There are the usual parameters involved in this.
Mr. Clark: Yes.
Mayor Suarez: We don't do this if at the moment of the actual issue...
Mr. Clark: It is a "shelve..."
Mayor Suarez: Right.
Mr. Clark: It is a "shelve" situation. We are not in a position now. We
just want... We have gone through the loops to obtain the legal attorney,
that is all. We can't do anything. We have to come back before this
Commission before we do anything else.
Commissioner Plummer: Excuse me. Did we not agree at the last meeting to go
to a competitive bidding among bond counsels?
Mr. Clark: That is exactly what we did.
A. Quinn Jones III, City Attorney: This is want happened. It was
competitive.
Mr. Clark: Yes.
Commissioner Plummer: Well, if you did it, why are we approving it?
88 October 22, 1992
t
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Mr. Clark: You have to approve it.
Mr. Jones: Well because of the Charter provision. It says that their board
approves it along with the City Commission as well.
Commissioner Plummer: How do I know what criteria that they used in the
competitive bidding?
Mr. Clark: I used the same attorney you did.
Mr. Jones: We... They use the same criteria that we used for selecting bond
counsel we had in the past. We basically give a description of what we want,
a profile of the firm the issuances that they have been involved in. In this
particular case, cost was a big factor. They all submitted sealed bids, and
this particular firm came in the lowest.
Commissioner Plummer: And what does it indicate, since they came with a
sealed bid, the approximate cost?
Mr. Jones: They submitted a response indicating that they would handle this
issuance for $10,000 plus $3,000 in expenses.
Commissioner Plummer: Is that both the major firm and the minority?
Mr. Jones: Yes, it is.
Mayor Suarez: All right. So moved.
Mr. Jones: Yeah.
Commissioner Plummer: I didn't know I...
Mr. Jones: Mr. Mayor.
Mayor Suarez: On the a... Yes.
Mr. Jones: Before you...
Mayor Suarez: Item 9. Yes.
Mr. Jones: Before you take a vote I have to let you know, and I don't want to
throw a wrench in this, but you have to be aware of this, and I think I would
be remiss in my duty if I didn't bring it to your attention. We do have a
Code provision that, of course, you know applies to employees, board members,
whatever, contracting or doing business with the City.
Mayor Suarez: Make sure you monitor that...
Mr. Jones: OK.
Mayor Suarez: ... so that not a single penny is disbursed...
Mr. Jones: OK.
89
October 22, 1992
Mayor Suarez: ... if there is anyone...
Mr. Jones: Now...
Mayor Suarez: ... that has a conflict in regards to that provision.
Mr. Jones: You can...
Mayor Suarez: We can trust you to do that?
Mr. Jones: You can waive it, if there is conflict, but I wanted to bring it
to your attention.
Mayor Suarez: Is there a conflict perceived or actual?
Mr. Jones: Well, you do have a conflict in the sense that Mr. Fine, of Fine
Jacobson, is a member of the DDA (Downtown Development Authority) board. You
do have a conflict in the sense that Manny Alonso is a member of the Zoning
Board, and that conflict provision is applicable.
Commissioner Plummer: Well, wait a minute. How can you sit here and
recommend, on an agenda, if, if fact, there is a conflict of interest?
Mr. Jones: I am recommending, I guess... What I am telling you is that you
have the power as Commissioners to waive that conflict. There is a specific
waiver provision in there. That is all I am telling you.
Commissioner Plummer: But do we want to do that?
Mr. Jones: I don't know. That is what I am asking you.
Commissioner Plummer: Well, you know, I guess the conflict of interest is a
perception. I don't know. That is tough. You are a lawyer. Speak to it.
Mayor Suarez: I didn't think it was a conflict, but...
Commissioner Plummer: Well, they are definitely going to gain monetarily, and
that is one of the provisions of a conflict of interest.
Mayor Suarez: How are they going to gain monetarily from...
Commissioner Plummer: They are going to get paid $13,000.
Mayor Suarez: Right. But that...
Commissioner Plummer: That is a monetary...
Mayor Suarez: ... is not related, I don't think, to their duties in their
Downtown Development Authority or - what was the other board?
Commissioner Plummer: Mr. Mayor. Zoning.
Mayor Suarez: Zoning Board.
Y
90
October 22, 1992
Commissioner Plummer: Mr. Mayor, they are both, you know... God knows, they
are both upstanding citizens. Marty Pine there is not enough that can be said
for what he has done with the Surcharge Board, and all of that. Mr. Manny
Alonso-Poch is on the Zoning Board, and done a fine job. The question is that
I have always been told that the basis of a real conflict of interest is if
you benefit by monetarily. There is no question.
Mayor Suarez: By the official actions that you are taking.
Mr. Jones: Let me just be clear about it.
Commissioner Plummer: Hey, I...
Mr. Jones: I mean you have conflicts of interest and you have...
Commissioner Plummer: I want... Let me put it this way. Mr. Mayor, I want
to vote for two people that I think are outstanding individuals of this
community, but I don't want it to be perceived by anyone that there is that
perception that we are doing something illegal, immoral and fattening.
Mr. Jones: You are not doing anything illegal. I am simply doing it for your
protection as well as their protection, and the specific code section is 2-302
which says, "No person included in Section 301... " which makes reference to
board members, "...shall enter into any contract or transact any business with
the City or any person or agency acting for the City..." blab, blab, blab,"or
which that person is a member of any such contract agreement or appearance
entered in violation of this section shall render the transaction voidable."
Mayor Suarez: Yeah. I meant, by the way, to answer on the general issue of
conflict. This is a totally different ordinance that we passed. I think it
was directed at...
Commissioner Plummer: City employees...
Mayor Suarez: Yeah. And...
Mr. Jones: And board members.
Mayor Suarez: And board members, but when they themselves came here for a...
To try to influence us in some capacity or another, and we waived it... I
remember we waive it for Arcenio Milian. Have we not?
Vice Mayor Alonso: Yes.
Commissioner De Yurre: Pat Skubish.
Mr. Jones: Yes. You waived it.
Commissioner Plummer: OK. Well, I am going to...
Mayor Suarez: Pat Skubish. Pat Skubish also.
Commissioner Plummer: I am going to vote favorably, but...
91 October 22, 1992
Mayor Suarez: Well if not, just built in a waiver.
Commissioner Plummer: ... on the record.
Mayor Suarez: Build in a waiver.
Commissioner Plummer: OK. On the record you are telling me, Mr. City
Attorney, that this was competitively bid?
Mr. Jones: Yes.
Commissioner Plummer: That this wound up with the lowest cost factor of any
of those who vied for the bid?
Mr. Jones: That is correct.
Commissioner Plummer: OK. And that in your opinion that this, and your
recommendation is, that this is the best deal for the Off -Street Parking
Authority?
Mr. Jones: Yes, I am telling you that is my opinion.
Commissioner Plummer: Then I have no problem. I will go ahead and vote
favorably.
Mayor Suarez: Well, you have got the waiver then as part of the motion?
Commissioner Plummer: If that is... I didn't know I made the motion, but
yes, sir, I will make the motion. If you can't bet, fold.
Mayor Suarez: The waiver doesn't have to be in the form of an ordinance.
Commissioner Plummer: You need two motions? I will make a motion first that
we make a waiver...
Mayor Suarez: All right.
Commissioner Plummer: ... for the two named individuals who...
Mayor Suarez: So moved.
Commissioner Plummer: ... are part of the firm. I will move that number one.
Mayor Suarez: So moved.
Commissioner De Yurre: Second.
Mayor Suarez: Cali the roll. That is not an ordinance is it, Mr. Jones?
Commissioner Plumr►er: Is the waiver an ordinance or just a resolution?
Mr. Jones: It can be a resolution.
92 October 22, 1992
Mayor Suarez: Call the roll on the resolution.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-681
A RESOLUTION WAIVING BY 4/5THS AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, AFTER A PUBLIC
HEARING, THE PROHIBITION CONTAINED IN CITY CODE
SECTION 2-302 AS SUCH PROHIBITION APPLIES TO MARTIN
FINE, ESQ., WHO SERVES ON THE DOWNTOWN DEVELOPMENT
AUTHORITY BOARD AND MANUEL ALONSO-POCH, ESQ., WHO
SERVES ON THE CITY'S ZONING BOARD, IN RELATION TO
THEIR PROVIDING PROFESSIONAL BOND COUNSEL SERVICES AS
SET FORTH IN ARTICLE VIII OF CHAPTER 54 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED.
(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
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: The people so effected ought to remind us of this and get that
resolution before us. You know, I mean, you would think that they would be
careful enough to do that. In any event, if not, the City Attorney has to
pick it up or somebody, so we don't start to vote on the matter without begin
aware of it.
Commissioner Plummer: Yeah. But I think that we also ought to put on the
record the other side of that coin.
Mayor Suarez: Which is that?
Commissioner Plummer: I would hate to lose a Marty Fine on DDA.
Mayor Suarez: Oh, no. But I am not...
Commissioner Plummer: He is a...
Mayor Suarez: I am not talking about that.
93
October 22, 1992
v
Commissioner Mummer: You know. But, no, no. I think is what...
Mayor Suarez: I am just saying that somebody ought to flag this for us so we
don't get to this juncture.
Commissioner Plummer: If he were to be turned down for the fact that because
he is a member of the DDA, for which he draws no compensation, and he were to
lose a a contract to his law firm because he is a member of that, I think you
would conceivable see that Marty Fine's law firm would say to him, "Hey, you
get out of there."
Mayor Suarez: All right.
Commissioner Plummer: OK.
Commissioner De Yurre: And he would say, no, that his civic commitment is
much greater than whether a fee they would get from this.
Mayor Suarez: There you go.
Commissioner Plummer: And that is why law firms split up and we have two
instead of one.
Mayor Suarez: All right. On the motion. On the item before us, item 9.
Commissioner De Yurre: Move it.
Mayor.Suarez: Moved. Second item 9?
Commissioner Plummer: Yeah. I move it.
Mayor Suarez: Call the roll on item 9.
Commissioner Plummer: Hey, if you can't bet fold.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-682
A RESOLUTION APPROVING THE APPOINTMENT OF THE LAW
FIRMS OF FINE, JACOBSON, SCHWARTZ, NASH & BLOCK AND
THE MINORITY FIRM OF MANUEL ALONSO-POCH TO PROVIDE
BOND COUNSEL SERVICES FOR THE REFINANCING OF THE OFF-
STREET PARKING DEPARTMENT'S 1986 SUBORDINATED DEBT OF
$2,000,000 AND 1986 SENIOR DEBT OF $14,440,000, WITH
FUNDS FOR SAID SERVICES, IN AN AMOUNT NOT TO EXCEED
$10,000, PLUS EXPENSES OF $3,000, BEING ALLOCATED FROM
THE PROCEEDS OF SUCH REFINANCING.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
t
94 October 22, 1992
_ pd
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
V Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Item 10.
Commissioner Plummer: Can we go and... We now have the information that
Commissioner De Yurre had asked for, and let's try to get that matter over
with.
18. (Continued Discussion) BRIEF DISCUSSION CONCERNING PRIOR VOTE ON
PROPOSED RESOLUTION SEEKING FOR PROFESSIONAL LEGISLATIVE CONSULTATION
SERVICES BEFORE THE METROPOLITAN DADE COUNTY COMMISSION, SINCE VICE
MAYOR ALONSO WAS ABSENT AT THE TIME (See label 16).
------------------------------------------------------------------------------
Commissioner De Yurre: Before we do that, since Commissioner Alonso is back,
I was wondering if she wanted to reconsider our two: two vote on the County
lobbyist.
Mayor Suarez: You were absent when we took the vote on that. On item
whatever it was.
Vice Mayor Alonso: Yeah. So you want me to vote on that? Going back to item
8.
Mayor Suarez: It is up to you. It is your prerogative.
Commissioner De Yurre: Yeah.
Vice Mayor Alonso: I am going to vote no.
Mayor Suarez: OK. I guess that doesn't change the outcome.
Vice Mayor Alonso:, So, I don't think it will change anything.
Commissioner Plummer: No. It doesn't change it at all.
Commissioner.De Yurre: So there is nothing to reconsider.
Mayor Suarez: We don't need to reconsider. All right. Item...
95 October 22, 1992
1W
rirrrrW.r.tl-------w---- .----.r.r..... r....-..----r-r.......a ..-------...-......--
19, (Continued Discussion) GRANT ONE -TWELFTH OF TOTAL BUDGETED AMOUNT TO:
COMMUNITY DEMIC DEVELOPMENT VELOPMENT MENT CORPORATIONS
WITH
BASED
rPROV SOS (Seelabel
(b)
,
MUNIT
Mayor Suarez: What was the item that was tabled from before?
Mr. Castaneda: Item two.
Mayor Suarez: Two. All right.
Commissioner Plummer: OK. May I ask on item two... You have given us this
list of very high priced employees. Is this all of the compensation that they
have received, or just from the City's allocation, that which is dedicated
to... In other words, pick anyone of them there...
Mr. Castaneda: This is their total salary.
Commissioner Plummer: This is their total salary.
Mr. Castaneda: Correct, Commissioner.
Commissioner Plummer: OK. From all sources that that...
Mr. Castaneda: From all sources.
Commissioner Plummer: ... entity receives.
Mr. Castaneda: Correct.
Commissioner Plummer: OK. So now my question to you... If the Haitian Task
Force got $50,000 how do you pay the executive director $51,000?
Mr Odio: He get a... On the left side of the paper it says... I think I
understand this. It says that the...
Commissioner Plummer: The left side of my paper, you can see, has been
obliterated by your lousy photostat machine.
Mr. Odio: I know. But what it means is the City would... He takes $18,000
from the City, and the rest comes from Dade County and FETC (South Florida
Employment and Training Consortium), whatever that is.
Mr. Castaneda: South Florida Employment and Training Consortium.
Commissioner Plummer: Well, yeah. Mine is just as bad.
Mr. Odio: That is what he said.
Coninissloner Plummer: We pay thousands of dollars for photostat machines that
don't work. But wait a minute. Let me ask some questions here. And I don't
96 October 22, 1992
want to mention any names. OK. I am looking... Only we have these sheets of
paper, right? (INAUDIBLE RESPONSE NOT ENTERED INTO THE PUBLIC RECORD.) OK.
Number two, without mentioning their names.
Mr. Castaneda: Right.
Commissioner Plummer: OK? Fifty-seven thousand seven hundred and eighty
dollars.
Mr. Castaneda: Right.
Commissioner Plummer: Where is the rest of the... We only give them fifty,
right?
Mr. Castaneda: That is correct. Eleven thousand dollars comes from the City.
Twenty thousand dollars comes from the revenues that they raise, and twenty-
five thousand dollars comes from the State of Florida.
Commissioner Dawkins: No. I think... The way I would like to do it, J.L.,
is... Fifty-seven thousand seven hundred and eighty dollars is in salary.
How much is in mud, mix and mortar, and projects?
Commissioner Plummer: Can't be much.
Mr. Castaneda: The difference...
Commissioner Plummer: Excuse me. So that we are not deceiving each other.
Is this salary alone without perks, or is this money in hand?
Mr. Castaneda: This is salary, cash.
Commissioner Plummer: Cash. It doesn't include any perks? What about the
perks of pension, workmen's comp, unemployment, car allowance...
Commissioner Dawkins: Hospitalization...
Commissioner Plummer: This is not a true figure then, Frank.
Unidentified Speaker: We don't get it.
Commissioner Plummer: Excuse me. It is the cost factor to the taxpayer.
Vice Mayor Alonso: It has to be paid.
Commissioner Plummer: The question I am asking is how much more is the cost
to the taxpayer for this administrative person? Do they get car...
Mr. Castaneda: Do they receive fringes other than social security?
Ms. Hilda Rodriguez: That is included. That is their gross. That includes
the...
Mr. Castaneda: No, no but how much... Do they receive any other benefits?
97 October 22, 1992
Unidentified Speaker: They get benefits.
Ms. Rodriguez: No.
Commissioner Plummer: What about pension? Do...
Mr. Castaneda: None of them receive pension.
Commissioner Plummer: When you say most, now, you are telling some do and
some don't?
Mr. Castaneda: None receive pensions.
Commissioner Plummer: OK. What about medical insurance?
Vice Mayor Alonso: But in the salary it has to be paid.
Ms. Rodriguez: We pay... Some of them we pay a percentage of the medical
insurance, depending... If we pay fifteen percent (15%)...
Commissioner Plummer: Ms. Rodriguez, let me go back and try to simplify, if I
may. I am asking as an individual named on this sheet, is the number that I
see here the total cost to the taxpayer of that employee, or are there other
factors such as medical insurance, social security payments? What is... In
other words... Let's take the top. Thirty thousand six hundred dollars. How
much more does it cost the taxpayers of this community to have that person
where he is?
Ms. Rodriguez: Some of them do get their share of health insurance.
Commissioner Plummer: What else?
Ms. Rodriguez: And the taxes.
Commissioner Plummer: We know it is seven and a half percent (7.5%) social
security. What about workmen's comp? What about unemployment?
Vice Mayor Alonso: It has to be paid.
Commissioner Plummer: It has got... But is that part of this number or not?
That is what I am asking.
Ms. Rodriguez: No, it is not. It is not.
Commissioner Plummer: Then this number is not the total cost to the taxpayer,
and I think that is what my colleague was trying to get to. I would like to
know the real figure.
Ms. Rodriguez: For that we would have to give you the whole budget. Would
you care to see the whole budget for each agency?
Commissioner De Yurre: Well, not only do we need to see a whole budget for
this year, but I would like to go back maybe three, four, five years and see
exactly what we have been getting for the money that has been given to these
associations.
98 October 22, 1992
Ms. Rodriguez: OK. Fine.
Commissioner De Yurre: I think it is only fair. You know, if the Mayor has
problems with somebody getting paid over $50,000 and working for the City
which is a two hundred and seventy million dollar budget, you know, what kinds
of monies are we talking about for salaries, like $62,000, $57,000, $51,000,
you know?
Commissioner Plummer: Well, but it is plus that. That is the point that I am
trying to make. We know, and I am always on the argument of edge with my
colleagues in the unions, that in the City of Miami, roughly... Use your
number. About thirty percent (30%). Is that a rough number? OK. In the
City of Miami whatever dollar we give an employee, thirty cents more is set
aside for perks. I disagree with that number but for the purposes of argument
I'll use their number. Now, is thirty cents on a dollar realistic here? Is
it low? Is it high? (INAUDIBLE RESPONSE NOT ENTERED INTO THE PUBLIC RECORD.)
How much lower? I mean are we talking ten percent (10%) on top of this?
Fifteen percent (15%) on top of this? What is the cost to the taxpayer?
Mr. Odio: I think your best approach would be what Commissioner Dawkins
asked. What is the total budget that they have, and how much is it that they
are taking for this? They have to spell out in their budget...
Commissioner Plummer: Sir, Commissioner Dawkins is entitled to get his
information the way he wants...
Mr. Odio: What I am saying... Let me finish, Commissioner.
Commissioner Plummer: I am telling you what I want.
Mr. Odio: Commissioner, what I mean is they have to give us a detailed
budget, and in that budget it has to show what, if any, fringe benefits there
are.
Commissioner De Yurre: Well, not only do I want to know... I want to have a
total breakdown of how these monies are spent and what they have to show for
it over the last five years.
Mr. Odio: OK. We can do that.
Commissioner De Yurre: OK. The last five years I want to see what has been
accomplished by these entities because I am, you know, I am one that is about
ready to make a motion, sometime real soon, to get rid of all these...
Commissioner Plummer: Then, Mr. Mayor, in....
Commissioner De Yurre: ... and keep the funding and we handle it ourselves.
Commissioner Plummer: Mr. Mayor, at this time I make a motion that we fund
another one twelfth of their budgets. We have got to keep them operating. I
don't want to do that. I am ready to vote but my colleague has asked for
that, I have no...
99 October 22, 1992
Mayor Suarez: So moved.
Commissioner De Yurre: Well, what are you ready to vote for?
ji Commissioner Plummer: What?
Commissioner De Yurre: What are you ready to vote for?
Mayor Suarez: One twelfth so that...
Vice Mayor Alonso: One twelfth.
Mayor Suarez: ... they can keep operating until you have...
Commissioner Plummer: I am voting one twelfth.
Commissioner De Yurre: What else are you ready to vote for?
you were ready to vote for something else.
Commissioner Plummer: On, no. I tell you what... The motion that I made is
what I am willing to vote for.
Commissioner De Yurre: Which is?
You said that
Commissioner Plummer: That every one of them that come in compliance fully
with the rules and regulation, they be funded, and those that are not, don't
get funded. That is what my motion was.
Commissioner De Yurre: Yeah. But aside from that we need to know even if
they comply a hundred percent (100%) with the regulations, I want to know what
they are doing with the monies. Is it worthwhile or not?
Commissioner Plummer: Sir, I am not fighting you on that issue. I am, as a
matter of fact, making a motion that allow you to have that opportunity.
Commissioner De Yurre: Well,
Commissioner Plummer: If any one person...
Commissioner De Yurre: Hey, well, let me incorporate that into your motion.
Commissioner Plummer: If any one person around here has protected my
colleagues' right to ask for more information it has been me.
Commissioner De Yurre: Well then how about incorporating what I am suggesting
into your motion?
Commissioner Plummer: That is fine with me, sir, if you wish.
Commissioner De Yurre: And that is it. So we stop the funding until we get
the answers.
Commissioner Plummer: My first motion or my second motion?
100 October 22, 1992
Commissioner De Yurre: The motion that says...
Commissioner Plummer: The motion to fund them?
Commissioner De Yurre: ..6 not to fund them until they comply a hundred
percent (100%), and at the same time we want the information that I am asking
for. To see whether we fund them at all.
i
Commissioner Plummer: OK. But how do you give them funding to operate for
the next month?
Commissioner De Yurre: You don't. Because that is what you wanted.
Mayor Suarez: I can't go with that.
Commissioner Plummer: Well you can't do that. It puts them out of business.
Commissioner De Yurre: I thought that you said that if they didn't comply a
hundred percent (100%) they weren't getting a penny.
Commissioner Plummer: Oh. If they didn't comply they are out.
Commissioner De Yurre: OK.
i
Commissioner Plummer: OK. But if they are complying, which most of them, I
think, are.
Commissioner De Yurre: OK. Then you give them...
Commissioner Plummer: Then they would get funded.
Commissioner De Yurre: ... one twelfth until I get my answers.
Mayor Suarez: Right.
Commissioner Plummer: However you want to do it, sir. I want you to have the
opportunity to get any and all information that you want.
Mayor Suarez: Is that acceptable then, as stated? So the motion is...
Commissioner Plummer: One twelfth?
Mayor Suarez: Yes.
Commissioner Plummer: Fine.
Mayor Suarez: The motion is amended to read as such. Do we have a second?
Commissioner De Yurre: I'll second.
Mayor Suarez: Second. Call the roll please.
101 October 22. 1992
F tom'
The following resolution was introduced by Commissioner Plummer, who
moved its adoption: -
RESOLUTION NO. 92-683
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN INDIVIDUAL CONTRACTUAL AGREEMENT AND TO EXECUTE
AMENDMENTS TO EXISTING INDIVIDUAL CONTRACTUAL
AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY
AND AS SPECIFIED HEREIN, THEREBY PROVIDING FOR AN
AGREEMENT AND FOR EXTENSIONS TO SAID AGREEMENTS FOR
THE PERIOD OF NOVEMBER 1 THROUGH NOVEMBER 30, 1992,
WITH TWELVE (12) NEIGHBORHOOD ECONOMIC DEVELOPMENT
COMMUNITY BASED ORGANIZATIONS ("CBOS"), AND NINE (9)
NEIGHBORHOOD BASED HOUSING COMMUNITY DEVELOPMENT
CORPORATIONS ("COCS"), TO IMPLEMENT ECONOMIC
DEVLOPMENT PROGRAMS AND TO STIMULATE HOUSING
AFFORDABLE TO LOW AND MODERATE INCOME FAMILIES AND
INDIVIDUALS IN THE CITY OF MIAMI; ALLOCATING FUNDS
THEREFOR FROM THE EIGHTEENTH (18TH) YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
20. (A) DISCUSSION CONCERNING CITY'S FY193 BUDGET.
(B) DISCUSSION CONCERNING CITY CLERK'S AND CITY ATTORNEY'S BUDGETS.
(C) DISCUSSION CONCERNING CAR ALLOWANCES.
Mr. Odio: You have item ten, Mr. Mayor.
Vice Mayor Alonso: Ten.
Commissioner Plummer: Ten.
Mayor Suarez: Que est que c'est?
102 October 22, 1992
Vice Mayor Alonso: Ten. Budget.
Mayor Suarez: I am sorry, budget.
Commissioner Plummer: Let me start off with ten if I may. Mr. Manager, 1 had
a group of employees that came to my office and talked to me, and I want to
ask how you would answer this question to the employees. When we give raises
we give raises across the board. OK? The employee says to me, "Hey, I work
and I work hard, and yet there is a guy along side of me, who puts in his
time, punches the clock, and goes home. He gets the same raise that I get. I
don't think that is fair." How do you answer that, Mr. Manager?
Mr. Odio: Well, he might not think it is fair, but that is the system. That
is the way the contracts have been negotiated for years. You would have to
change that. Are you saying that the increases should be by merit?
Commissioner Plummer: I am not saying.
Mr. Odio: Alone... I... Maybe they should...
Commissioner Plummer: I didn't ask the question. I am asking how you would
answer the question.
Mr. Odio: The question is we have a contract agreement with the union and we
have to comply with that agreement.
Commissioner Plummer: Unions negotiate different terms every time the
contract is up. Now, do you feel that there is any merit to incentive raises?
Mr. Odio: Yes, I do believe in incentive raises...
Commissioner Plummer: OK. Then...
Mr. Odio: ... but not in this world that we live in here.
Commissioner Plummer: Not in what?
Mr. Odio: Not in this political world that we live in. I don't believe it
would work here.
Commissioner Plummer: You don't think it would work?
Mr. Odio: No. It would not work here.
Commissioner Plummer: So, in other words, the man that sits on his butt all
day, punches the clock in, and punches out, you are saying, under our system,
is just as entitled to the man who goes out and really puts his shoulder to
the wheel, that under our system that we can't reward him for that.
Mr. Odio: Well, they...
Commissioner Plummer: Nor punish the guy that doesn't put his...
103 October 22, 1992
Mr. Odio: You know we have a system now, that was agreed upon, on promotions,
thus, all those are considered, and people that do not work as they should,
when promotion time comes around, they will not be promoted. They will not be
considered.
Commissioner Plummer: You know I would like to believe that, but I don't
agree with it.
Mr. Odio: Yes. You can believe in that. We have established a new procedure
where all those things are considered. The step increases... See, you have
two type of increases in that. You got the automatic step increases, and they
all get that, and then you have the cost of living increase. I suppose the
cost of living increase you could it into a merit increase, but I don't think
it would work here. I really don't.
Commissioner Plummer: It is a shame.
Mr. Odio: Well, I didn't create the system. I simply... The best we can
do... I think we have... I can honestly tell you that we have very few
people in the City today that are not carrying their load because we don't
have that many people left in all the departments.
Vice Mayor Alonso: That is true.
Mr. Odio: And I can tell you when you are working in 1993 with 1,100
employees less than you had in 1985, that somebody is putting in a lot of
work. Of course, you always think you are working more than the guy next
door, and that is very subjective, but I wish they would mind their own
business and put out, and do the best that they can. I am telling you we have
a promotion system in place that was established last year, that this will
come into play and they will not be promoted. So if they want to remain there
the rest of their civil service life, it is fine with me.
Commissioner Plummer: Interesting.
Mr. Odio: Remember you have a civil services system. That is why I said the
incentive wouldn't work. In the private sector it does work, but in the civil
service system that we have, it is very difficult.
Commissioner Plummer: Let me switch wheels. Did you not tell us, somewhere
along the line prior to budget, that in the Sanitation Department that you
were eliminating the 99s.
Mr. Odio: I said that we were eliminating the 99s?
Commissioner Plummer: Yeah.
Mr. Odio: I don't remember that.
Commissioner Plummer: Well, I have had a few that have come to me that
understood that as I did. That one who came to me the other day said he has
been.a part time for over four years.
Mr. Odio: No, 99s are temporary employees. They are hired...
104 October 22, 1992
Commissioner Plummer: But I thought you were going to be eliminating is what
I... Miller...
Mr. Odio: We have reduced the number of...
Vice Mayor Alonso: No, I think what we discussed at one point, was making
them employees.
Mr. Odio: We made 22 of them... Well, what we were saying is...
Vice Mayor Alonso: Regular employees.
Mr. Odio: ... as we lose regular employees we would promote 22 and would not
replace the 99. We have a less number of 99s. We do not have ninety-nine 99s
as we had in the past.
Commissioner Plummer: But do you have part time employees in the sanitation?
Mr. Odio: Temporary 99s only.
Commissioner Plummer: You are saying to me that there is no move afoot to
making them permanent.
Mr. Odio: I promoted 22 of them, but the others will remain...
Commissioner Plummer: How many are not?
Mr. Odio: Fifty some. How many 99s do we have temporaries?
Mr. Ron Williams (Assist. City Manager): Approximately 50.
Mr. Odio: Fifty some, right.
Mr. Williams: Right.
Mr. Odio: Fifty some people are temporaries.
Commissioner Plummer: And are you by attrition or termination filling the
positions with the ones who are working part time? Do they have first
priority?
Mr. Odio: Yes. They would have...
Vice Mayor Alonso: Do we have part times?
Commissioner Plummer: Yes. We do that is...
Mr. Williams: No, we don't have part time.
Commissioner Plummer: That wasn't my understanding.
Vice Mayor Alonso: Do we have part time?
105 October 22, 1992
fit; f i
Mr. Odio: They are not part timers.
Mr. Williams: We do not have part timers, we have temporaries.
Mr. Odio: They are temporary employees.
Commissioner Plummer: OK. Call it want you may. They are not permanent.
Mr. Odio: If you have vacancies in the permanent ranks, they get the first
chance.
Commissioner Plummer: See, I use the term 99 whether that is a part time or a
temporary...
Mayor Suarez: They are kind of substitute employees is what they are.
Commissioner Plummer: OK. They are...
Mayor Suarez: They are on call. Then they were called 99s because there were
99 of them. I love that one.
Commissioner Plummer: But it was my understanding, Mr. Mayor, somewhere along
the line they were being eliminated.
Mr. Odio: No.
Commissioner Dawkins: They are not eliminated but they would be phased into
the regular workforce.
Mayor Suarez: And as much as possible if you could function without any of
those emergency or whatever we call them...
Commissioner Plummer: But, Mr. Mayor, you know, I find it difficult to figure
that a man who has been a 99 for four and a half years is temporary.
Vice Mayor Alonso: Yeah.
Commissioner Dawkins: There is some that have been here eight years, J.L.
Commissioner Plummer: There is nothing more permanent around City Hall than
something temporary. Now, how do you call a four and a half year employee
temporary?
Vice Mayor Alonso: Ask the Parks Department.
Commissioner Dawkins: And also, J.L., not only 1n the Sanitation Department.
Mayor.Suarez: Parks.
Commissioner Plummer: No, I'm just asking.
Commissioner Dawkins: We have some people in Parks and Recreation who have
been there twelve years.
106 October 22. 1992
}
0
Via}
Vice Mayor Alonso: Indeed,
Commissioner Dawkins: We got some people in General Service who have been
there, and I don't... And yet people have retired. People have died. And
you still got the temporary.
Commissioner Plummer: Well, you know we have never hired an employee in four
and a half years, 1n the Sanitation Department, I could understand that, but
we have hired people in the Sanitation Department.
Mayor Suarez: They should be hired from those ranks.
Mr. Odio: They... If we make...
Mayor Suarez: We have made it pretty...
Mr. Williams: It is required that they are hired from those ranks.
Mayor Suarez: Right.
Mr. Odio: If we make any permanent appointments they come from the 99s.
Mr. Williams: Yeah.
Mr. Odio: No question.
Commissioner Dawkins: Yeah, but what we are trying to say is somewhere along
the lines, there should not be any 99s.
Mr. Odio: Yes, but...
Commissioner Plummer: Well, you can't call them temporary.
Mayor Suarez: Hey, folks, this inquiry is getting to the circular point. I
mean they...
Commissioner Plummer: Well, Mr. Mayor, I am sorry. This is about budget.
Mayor Suarez: I understand, but I mean, what are you trying to establish?
Mr. Odio: That is the question. You want to...
Mayor Suarez: They were, in fact, there for a long time. In that sense they
are not temporary. We would like to absorb them all into the department. You
don't want to expand the budget of the departments so you can have them all
full time do you? How many do we have, by the way, with this...
Vice Mayor Alonso: Fifty.
Mr. Odio: Fifty some.
Commissioner Plummer: Normally in a run of a year how many would be made
permanent? - Under a normal year.
107 October 22, 1992
Mayor Suarez: What is, yeah, what is the typical absorption rate there?
Mr. Williams: In the last two to three years we have not made any permanent.
in the last year we got down along and we just made 22 permanent.
Commissioner Plummer: OK.
Mayor Suarez: Now about, as long as you mentioned that inquiry, if I may
follow up on it just quickly, because it has been mentioned as to other
departments. In parks we still have a lot of people who...
Mr. Od1o: Part time.
Mayor Suarez: ... who are part timers. They understand they are part timers.
They are happy being part timers.
Mr. Odio: Yeah.
Mayor Suarez: There not...
Vice Mayor Alonso: Not necessarily.
Mayor Suarez: Not all of them.
4
Mayor Suarez: Not all of
Commissioner Plummer: No they are not.
f
Vice Mayor Alonso: Not necessarily.
Mayor Suarez: We have some that are people...
Vice Mayor Alonso: They have no choice.
't
a
Mayor Suarez: ... who are semiretired, who want to work ten hours a week, et
cetera, et cetera. We have some of those?
Mr.Odio:<- They understand... When we went into the part times...
Mayor Suarez: Do we or do we not have some ten hour or twenty week people?
Mr. Odio: Yes.
Mayor Suarez: Weare not talking about 39 hours.
Mr. Odio: No, no. You have...
Mayor Suarez: I know what those are. Those are the ones...
Mr. Odio You have real part timers.
Mayor Suarez: Those are the "wanna-bes."
Commissioner Plummer: Let me ask this question, if I may.
108 October 22, 1992
Mayor 5uarev And we do give preference to the 39 hour a week ones when we
get ready to make permanent employees in parks?
Mr. Odio: We are going by seniority if...
Vice Mayor Alonso: Well, not necessarily.
Mr. Odio: ... they meet all the criteria.
Vice Mayor Alonso: No. Not necessarily.
Mr. Odio: No?
Vice Mayor Alonso: They do have to apply...
Mr. Odio: Yes.
Vice Mayor Alonso: ... for the job...
Mayor Suarez: And go through the...
Vice Mayor Alonso: ... and quite often they are told you don't qualify.
Mayor Suarez: You don't qualify.
Mr. Odio: That is correct.
_ Vice Mayor Alonso: Or you did not apply to the right position.
Mr. Odio: Or we take into consideration...
Vice � y Mayor Alonso: Therefore the continue to be in the same status...
y
u:
Commissioner Plummer: If you don't qualify, you don't qualify.
a
Vice Mayor Alonso: and it has been going on for years, and years, and
s years. Eight, ten, fifteen years, a long time.
Commissioner Plummer: May I ask this...?
Mayor Suarez: Yes, Commissioner Plummer. I interrupted your inquiry.
Commissioner Plummer: Mr. Manager, this so called temporary employee working
for sanitation, he doesn't receive benefits?
Mr. Odio Correct.
Commissioner Plummer: OK. If he were to get hurt, what happens to that man's
medical bills?
Mr. Odio: To what? Sorry.
109 October 22, 1992
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Commissioner Plummer: If the man working on the job were to get hurt, and
incurs medical bills...
Mr. Odio: He is insured. No, he is insured.
Commissioner Plummer: That is a benefit so you telling me...
Mr. Odio: They do have insurance.
Commissioner Plummer: They have medical insurance?
Mr. Odio: Yes, that they pay.
Commissioner Plummer: Do they have life insurance?
Mr. Odio: Medical insurance and they have workman compensation.
Commissioner Plummer: Does he have life insurance?
Mr. Odio: No, no.
Commissioner Plummer: If that man is killed on the job...
Mr. Odio: They have got workman's comp.
Mr. Williams: That is workers comp.
Vice Mayor Alonso: Workmen's compensation.
Commissioner Plummer: But they have no... like a regular City employee, have
no life insurance.
Mr. Odio: No. They have workmen's compensation.
Commissioner Plummer: Most City employees have both, do they not?
Mr. Williams: Yes. But...
Commissioner Plummer: They only have workmen's comp. Give me an example. If
a man were to get killed on the job, God forbid, workmen's comp would pay
approximately how much to his family for that man.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
p
Commissioner Plummer: About a hundred thousand?
Mr. Jones: A hundred thousand max. That is it.
Commissioner Plummer: OK. Well, that is... I think that is fair.
Mr. Williams: But that would be the same anywhere, Commissioner.
Commissioner Plummer: OK. All right. Hey, I was just asking.
110 October 22, 1992
Vice Mayor Alonso. Now, medical insurance, now you are working into a system
that will cover them in a more appropriate way.
Mr. Odio: They... I... We gave...
Vice Mayor Alonso: Before it was very...
Commissioner Plummer: Oh, it was ridiculous.
Vice Mayor Alonso: ... unfair. It was absurd.
Mr. Odio: Yes, but it depended, and I haven't been able to talk to the union
president, but they were going to take this to their membership. We have
offered to take over their insurance. They were to take it over to their
membership and have an election to vote on whether they want it or not. And I
have not received word from the union, at this moment, but we are willing and
able to take it over after the beginning of the year.
Vice Mayor Alonso: Yeah, they need better insurance.
Commissioner Plummer: Take it over under what terms, Mr. Manager?
Mr. Odio: That... They become part of the City's insurance under our
package, in the HMO's part. The same thing that they have now.
Commissioner Plummer: But with the same prevailing benefits that they have
given to get into trouble?
Mr. Odio: No, no, no. We control our HMOs.
Vice Mayor Alonso: What was that?
Commissioner Plummer: A number of the policies that were turned over to the
unions gave benefits, was one of the problems that they had with them being
under -funded. Now, the Manager is telling me that he is going to take their
medical back over under the prevailing benefits when they went out, or the
prevailing benefits that they have given to themselves.
Mr. Odio: Our HMOs... I don't know what... We are taking out and putting
them into our companies.
Commissioner Plummer: OK. So it would be under the benefits that we...
Mr. Odio: That the HMOs that have... For the City of Miami.
Commissioner Plummer: OK. That is what I wanted to know. OK?
Mr. Odio: Like I said, I haven't heard from them...
Vice Mayor Alonso: Couldn't we do something similar for the people, for
example, that work in parks and recreation? Can they have some sort of
insurance? One of the problems that they have been complaining...
Commissioner Plummer: He told me they do.
111 October 22, 1992
F
Vice Mayor Alonso: ... years is they don't have medical.
Commissioner Plummer: If they get hurt?
Vice Mayor Alonso: Could we do something like this for the parks and
1 recreation people?
Commissioner Plummer: We could... We could offer the HMO process to the part
timers, but there is a cost involved.
Commissioner Plummer: But wait a minute. Wait a minute. Did you not tell me
that if an employee, even part time, got hurt that he was covered under
medical...?
Mr. Odio: Under workmen's compensation.
Vice Mayor Alonso: Workmen's compensation.
Mr. Odio: She is talking about medical insurance.
Commissioner Plummer: I am talking about medical insurance.
Vice Mayor Alonso: But I think it is unfair if a person has been working for
u s $ five, seven, eight years, and they continue to be in a status... I think
the least we can provide is medical insurance. Give them the option of having
the...
Commissioner Plummer: You mean the...
Vice Mayor Alonso: The medical... I think it is...
Commissioner Plummer: Well, there is... You know. The one thing is...
There is a lot of difference, from what I know, between the cost of an HMO...
Vice Mayor Alonso: HMO.
Commissioner Plummer: ... and giving... And a medical insurance.
Vice -Mayor Alonso: No, no. HMO.
Commissioner Plummer: Oh, OK.
Vice Mayor Alonso: Yes.
Commissioner Plummer: I would... Well, before you say that I would like to
seethe numbers on what the cost factor is.
Vice Mayor Alonso: Sure but it is something that we should look at. It is
one big complaint that they have had for years.
Commissioner Plummer: Well, the problem is is if we do that then we would
possibly be forced with laying off more people to have the funds and the
revenue to, in fact, pay for that benefit.
F
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112 October 22, 1992
Vice Mayor Alonso: Then we should have followed the rule and given them the
gobs as the openings were available, and not go and give it to people who came
from and applied to the job. They should have been given first priority,
because when you work for a City for so many years I think you have a right to
some benefits. I think that an employee deserves some sort of job protection,
and that is part of what government should give.
Commissioner Plummer: Well, you know, the other side of that coin, of course,
is the fact that 1f they didn't accept they would not have... the temporary
provisions, they would not have a job at all. That is the other side of that
coin.
Vice Mayor Alonso: But we should not take advantage of the economical
situation that we have in the nation.
Mr. Odio: What I would like to do, because it does have an impact on the
City.
Commissioner Plummer: Oh, it sure does.
Vice Mayor Atonso: But we should look at the numbers first of all.
Mr. Odio: That I can bring back the numbers if we provided... We could
provide HMOs, and they would pay for it, to the part timers if they want to be
part of our HMOs. The City wouldn't have to pay any of that. They would be
part of the HMOs.
Commissioner Plummer: Well, let's look at the number, Mr. Mayor, Mr. Manager.
Mr. Odio: You can choose then from there to how much would you be willing to
have this...
Commissioner Plummer: Well, you know,
contributory, let's look at the numbers.
Mayor Suarez: Yes, sir.
Commissioner Plummer: ... more specific
we with central dispatch?
you might be contributory, or not
Mr. Mayor, going on...
to item 10, Mr. Manager. Where are
Mr. Odio: Yeah. The consultants... Frank May has been working with the
consultants. We are going to proceed as fast as we can to centralize the
dispatch as soon as we have the data from the consultant that you authorized.
The location... I finally convinced myself that the best location would be at
the... either Police Department or fire, but that is something for the
consultant to tell us. Where would be the cheapest place to locate the
central communication. I had Frank go and look at some central dispatches and
he came back and told me that they are very good.
Commissioner Plummer: My question is...
Mr. Odio: It will be...
113
October 22, 1992
Commissioner Plummer: ... a central dispatch does not have to be in a given
building. We have been talking about the need for more space in the Police
Department, in particular. Why would you not utilize some other space
available so that we don't have to continue to talk about expansion of the
Police Department building?
Mr. Odio: Well, I know but...
Commissioner Plummer: You spoke, originally...
Mr. Odio: Of the Fire College.
Commissioner Plummer: ... of here in the Grove.
Mr. Odio: Of the Fire College.
Commissioner Plummer: OK. And I thought that that made very very good sense.
You had the entire floor there.
Mr. Odio: Yeah. We have two... Then I began to get negative information,
not from the Police Department, by the way, of the possible... Of the
additional cost that it would take to move that thing over there. It is huge.
Commissioner Plummer: Well. OK. Hey, we will look at it when you get it
together.
Mr. Odio: Let... I... We would have a report back to you in 90 days. I
promise.
Commissioner Plummer: It is just the idea that it... The, you know, that the
Police Department had been talking about expansion of the present building
downtown.
Mr. Odio: At one time, they did.
Commissioner Plummer: OK.
Mr. Odio: Yes, they did.
Commissioner Plummer: And to say...
Mr. Odio: But now we are...
Commissioner Plummer: ... that this facet of it could be moved, and not bring
about that, I think is something worth considering.
Mr. Odio: Yeah, but because of also that we have been working on moving
people out to the substations... They are being moved out by November 1st.
So we are going to fully man the substations, as you said, during the budget
process.
Commissioner Plummer: You know, isn't that nice. I am sure glad to hear
that.
114 October 22, 1992
Commissioner Plummer: We are doing back with the credibility with the voters
what we promised.
Mr. Odio: We were going into that by November 1st we should be that.
Commissioner Plummer: Mr. Manager, bring me up to date on the PSAs.
Mr. Odin: We have how many already?
Commissioner Plummer: Budgeted 150, where are we?
Mr. Odio: We are shooting... How many to we have now, PSAs? We are... Let
me check. We also are in the civilianization process.
Commissioner Plummer: Lieutenant, I gave you all of this information prior to
this meeting...
Mr. Odio: No, I know.
Commissioner Plummer: ... that I was asking these questions.
Commissioner Dawkins: What does that mean?
Assist. Chief Raul Martinez: We currently have 81 PSAs. We will be starting
another class in January that will bring us up to 100 because we are going to
upgrade some of the PSAs at the next BLE (Basic Law Enforcement) class that
will be starting in November.
Mr. Odio: I wanted to put that on the record. Commissioner Dawkins, don't
leave. We are still promoting PSAs to police officer...
Commissioner Plummer: That is fine.
Mr. Odio: ... and so we are going to lose some PSAs and
make some police
officers, and then we are building another class of PSAs.
Commissioner Plummer: But, Mr. Manager, the question that I
am really getting
to... Expressed was that the PSAs were going to relieve the
policeman...
Mr. Odio: Absolutely.
Commissioner Plummer: ... of report writing.
E Mr. Odio: Absolutely.
r
f
Commissioner Plummer: OK.
Mr. Odio: They will be doing that.
Commissioner Plummer: Now, our little PSA here, that was at
the City Hall for
so long...
115 October 22, 1992
3
Mr, Odio: No, he is gone now.
Commissioner Plummer: He is gone?
Mr. Odio: We don't have anyone here.
Commissioner Plummer: He was for one month writing accidents, he tells me,
and now he is in report writing.
Mr. Odio: Isn't that what you wanted PSAs to do?
Commissioner Plummer: No, no, no. He 1s inside of a building...
Mr. Odio: That is what you wanted them to do.
Commissioner Plummer: ... that job could be done by a civilian. Now, the
Chief said we had to have... Chief, what was it you told me, 50 civilians, as
well as the PSAs?
Mr. Odio: We are moving some civilians, by the way. We are in the process of
civilianization.
Commissioner Plummer: OK. The point I am trying to make, Mr. Manager, is
that you can't take civilians and put them out to write accident reports.
Mr. Odio: No, but...
Commissioner Plummer: But the PSAs you can.
Mr. Odio: No. But I think you can do this in phases. You can move a PSA
into the Police Department, and get a police officer with a gun out, and then
the next step is if we identify a PSA that should be out, we get a civilian
E,
,. 1n.
Commissioner Plummer: When do you contemplate PSA number one hundred and
fifty to be on payroll?
Mr. Odio: I would say by the end of next year with the process that we have
i{ to go through, by the end of this budget year you should have all of them in
i place. We were really... I don't want to use that answer...
y
Mayor Suarez: _It was stated, by the way, today, Chief, that, I forget by
whom, -but a member of the Commission, and think that we all agree that the
PSAs did a great job filling in for officers that had to be involved in other
activities during the aftermath of the hurricane.
Commissioner Plummer: Sure.
Mayor Suarez: Following up on one quick remark. It is somewhat related to
budgeting. You have built into the budget, I believe, at least a foot patrol
officer, or something similar thereto, for Grand and Douglas, and the citizens
are very pleased with the implementation of that, except in one sense. The
Crime Council Chairperson, from the area, informed me last night, and I sort
of get the feeling that she is right about that, that of the officers who
i�
116 October 22, 1992
3
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typically man that post there at the corner of Grand and Douglas, there is one
that does the actual walking, and the rest tend to stay inside the car. Could
you...
Police Chief Calvin Ross: I would be more than happy to. I know what you are
referring to. The instructions that have been given for that officer to be on
the beat walking, it is a walking beat.
Mayor Suarez: it is inconceivable that they will really pick up what is
happening in the neighborhood if they are inside the car, although, they may
be inside the car for other reasons...
Commissioner Plummer: You know it is funny. I have only been saying that for
four months.
Mayor Suarez: ... at different points, including communications, of course.
Commissioner Plummer: I have been saying it for four months.
Mr. Odio: Lately, every time I have gone by, which is every day there, they
are not inside the car. They are... At one time they were.
Commissioner Plummer: Now, these... What he was told is true.
Chief Ross: The officers have been walking the beat.
Commissioner Plummer: The one officer, definitely, when he is there, assigned
to that beat, he definitely gets out and walks.
Chief Ross: And we have been receiving a lot of positive...
Commissioner Plummer: Oh, yeah.
Chief Ross: ... comments from the citizens in that area...
Commissioner Plummer: Yeah.
chief Ross: ... based on the officers presence and visibility.
Mayor Suarez: In Allapattah and in Little Haiti it was reported last night,
by.the Crime Subcouncil Chairpersons, that the officers are literally, the NET
(Neighborhood Enhancement Teams) officers, are literally walking the streets
at _set hours, getting to know the neighborhoods, and the neighbors, and
everyone seemed very pleased with that.
Mri Odio: Yes, Mr. Mayor, and I... The more I have contact with the NROs
(Neighborhood Resource Officers), the more I believe, with all my heart, that
we. have to expand the NROs to all the patrols, and that is what I hope the
Chief will say next, that we are going to have to expand that to all the
neighborhoods, and be involved at that level like the NROs are. If you do
that, you will see the results very quickly.
Mayor Suarez: J.L., you finished with your inquiry?
117 October 22, 1992
V-1
Commissioner Plummer: No, no. I didn't hear the Chief say yes to..# you are
fight, which indicates to me that he has got a different opinion that I would
like to hear.
Chief Ross: The Manager made a very significant point that I believe we have
been driving home for some time, and !:hat is being able to place the officers
in an area where they are responsible for that particular area. Such as what
we have done with the Neighborhood Enhancement Team, and the NROs assignment
in those areas. The officers that are assigned, in those areas, are
responsible to the NET service areas. Even now as we speak, and with that we
have also implemented, or we are implementing, as the Manager stated, November
1st a plan to also place the investigators, robbery, burglary and larceny
investigators in the substations with responsibility to the NET service areas.
So those citizens in the neighborhood will have specific investigators
addressing their problems and needs.
Commissioner Plummer: Where are we on the 1100 policemen?
Chief Ross: Right now you are down to 1022. The Manager has given us the go
ahead to start a class of 30 officers, November the 30th, and, hopefully, we
will be able to start another class the first of the year. If we should
continue with that, we should be up somewhere around 1035 or 1040, and that
takes into consideration attrition by the end of the year.
Commissioner Plummer: How many... You are going to have to classes? Is that
what you are contemplating?
Chief Ross: Yes, sir.
Commissioner Plummer: Thirty per class?
Chief Ross: Yes, sir.
Commissioner Plummer: That absolutely addresses only annual termination. You
are still then at 1024.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIc RECORD)
Commissioner Plummer: No. I want some answers.
Mr. Odio: The answer is 1s that there...
Commissioner Plummer: We were going to accomplish to get to 1100 officers.
Mr. Odio: They started... It is impossible to get to 1100 officers this
year...
Commissioner Plummer: Then let's reopen the budget.
Mr. Odio: ... both financially and otherwise. You are talking...
Commissioner Plummer: We got to reopen the budget.
Mr. Odio: Well, 1f you want to.
118 October 22, 1992
S
public at budget time.
Mr. Odio: Of 1065.
Commissioner Plummer: Now much?
Mr. Odio: Ten sixty-five. I told you 1065, and we are going to shoot for
1065, and you told me that...
Commissioner Plummer: We had 1054 at the time.
Mr. Odio: Commissioner, you told me that the blue uniforms were not
important, that you were concentrating on PSAs and civilians.
Commissioner Plummer: I told you both.
Mr. Odio: You told me that.
Commissioner Plummer: I told you both.
Mr. Odio: You told me that it was important to go civilian and PSAs, and that
the police officers... We had too many of them. Now you are saying
;} something...
Commissioner Plummer: I am just... No, no.
Mr. Odio: You told me that.
Commissioner Plummer: It is not what I am saying, it is what we promised is
what I am saying to you, Mr. Manager.
Mr. Odio: We11 you told me... I didn't promise 1100 in the budget. I
promised 1065, and we are going to try to reach 1065.
Commissioner Plummer: Chief, in your estimation, at the end of the fiscal
year where will you be staff wise with sworn officers?
Chief Ross: If we are able to put a class into place on November the 30th,
that would take us up to 1049. Now that is taking into consideration the
attrition rate, the estimated attrition rate of four officer a month. If we
are able to start another class in February of 30, that will take us up to
1067. If we are able to start another class of 30 in July, that will take us
up to 1076. Somewhere...
Mr. Odio: I am not promising now, on the record, I am not because I have to
look at the financial consequences and come back to you, Commissioners. I
have to hire., firefighters, at some point here, and we are... You want me to
hire 50 civilians, and 150 PSAs, and you know this is all dollars.
Commissioner Plummer: No. I want more.
Mr. Odio: We lost money.
119 October 22, 1992
77
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Commissioner Plummer: I want more.
Mr. Odio: We lost revenues...
Commissioner Plummer: OK.
Mr. Odio: ..6 this year.
Commissioner Plummer: The citizens of this community deserve better.
Mr. Odio: I understand that...
Commissioner Plummer: OK.
Mr. Odin: ... but I am... We in meetings with you, you told me that we
should concentrate on PSAs and civilians, and that we had too many police
officers.
Commissioner Plummer: Sir, I told you that what I felt that you could do, and
I still tell you that, sir, that you could relieve, in my estimation, fifty
percent (50%) of a sworn officer's time is writing reports.
Mr. Odio: We are doing that.
Commissioner Plummer: OK.
Mr. Odio: We are relieving them.
Commissioner Plummer: Yet you are not telling me that you are up even above a
hundred on PSAs.
Mr. Odio: We are at 81, and we were at 50 two months ago. It is just... And
we are taking PSAs to make them police officers, so you can't... We are
trying the best that we can. That is all I can say, but we will have a full
compliment of PSAs by the end of the year, and you will have the 1065 police
officer, that we are shooting for, and the civilians.
Commissioner" Plummer: Mr. Mayor, I would ask at the next meeting, not in
November because that is around the corner, but I would like a full report and
breakdown on the December meeting where we are with both sworn officers and
PSAs.
Mayor Suarez: Jair enough.
Commissioner Plummer: Chief, one of the things that we spoke to prior to
today was deployment. Mr. Manager, I ask you again, sir, this Commission, at
your'- recommendation, spent $100,000 to buy a software program. I am ` sti11
waiting to'be invited to see a demonstration of that software program that has
been put into place, and as far as I know the program has not been put into
place:`
Mr. Odio: 'Yes it has. I talked to... In fact...
120 October 22, 1992
Commissioner Plummer: Please.
Chief Ross: I think what we will find is, and I go back to something that the
Mayor said at one of the previous deployment hearings, and that was that he
wanted to see police officers deployed at times when crime was most
problematic. This computer is doing that for us...
Commissioner Plummer: It is exactly what it was designed to do.
Chief Ross: ... as we feed in the data into it. It tells us when officers
should be deployed so...
Commissioner Plummer: But the major problem, Mr. Mayor, with this program...
A policeman starts work today at two, he might start tomorrow at five. There
is all different hours of the utilization.
Chief Ross: Not the same officer. The different officers and what it will do
it will stagger the starting time.
Commissioner Plummer: OK. It will stagger... Yeah. It will no longer be a
roll call of seven, three and eleven. It will be... OK.
Chief Ross: Right now the Miami Police Department operates on a schedule of
three starting times, but an "A" shift, a "B" shift and a "C" shift. The
computer tells us that we can get better coverage with the manpower that we
have if we were to go to more starting times. In fact, the computer suggests
17 starting times as an optimum.
Mayor Suarez: But it would...
Chief Ross: We know that that is...
Mayor Suarez: But that is unworkable for other reasons.
Chief Ross: That is not supervisable. We are looking at seven starting
times, and we feel that that is doable with the supervision capabilities that
we have.
Commissioner Plummer: Chief, in discussion, you had indicated that there were
approximately 62 positions being presently filled by sworn officers that
through an audit could possibly be done by civilians. I am merely asking have
the audits been done? What have they shown? Have any of those positions been
transferred, and, if so, in the last 12 months, how many of the policemen that
have not been doing street duty have been put back out to street duty?
Chief Ross: The audits have been done and Chief Martinez has been monitoring
that point, and I'll let him give you an update. But they have been done. We
have not been able to fill any of those positions, as of yet, with
civilians...
Commissioner Plummer: Why?
Chief Ross: ... from other departments.
122
October 22, 1992
Commissioner Plummer: Excuse me. Why?
Chief Ross: Number one, is the problem that we have seen in the past with the
Police Department, and it is not a problem with us, it is a problem that we
think is a good one, and we do background investigations on all individuals
Coning into the Police Department. Those checks are being done.
Commissioner Plummer: Oh, OK.
Chief Ross: Individuals who do not pass the background investigation, whether
they are from other City departments or not, they cannot occupy these
positions. We can only handle those positions that are being referred to us,
and we have had some refers...
Mr. Odio: Once they are finished with...
Commissioner Plummer: But the audits have been done on the 62?
Mr. Odio: Yeah. No...
Chief Ross: Well, not 62 positions, incidentally. I didn't say there was 62
positions.
Commissioner Plummer: How many audits have been done?
Assist. Chief Martinez: Mr. Plummer, I believe it was for a total of 54
positions.
Commissioner Plummer: OK. That is fine.
Assist. Chief Martinez: Some for police officers, some for PSAs that we were
doing.
Mr. Odio: For instance we have... What we are doing...
Commissioner Plummer: Well, would you send to me a breakdown of which is
which?
Assist. Chief Martinez: Yes.
Commissioner Plummer: And what positions...
Assist. Chief Martinez: Ann Sterling has a copy of our...
Commissioner Plummer: You have got it. OK. All right.
Mr. Odio: Well. What we are doing...
Commissioner Plummer: He said the audits have been done and completed.
Mr. Odio: ... is as we identify civilians that would normally... Are not
needed not in the City. Workforce has been sent to the Police Department.
They are doing the check on them, and then they will be placed there, that way
we don't have to hire... Add people to the payroll. I want them transferred
to the Police Department.
123 October 2i. 1992
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Commissioner Plummer: I couldn't disagree with that.
Mr. Odio: There are other functions... For instance... I even haven't
talked with the Chief on that. The events people at community development,
the ones that are handling events, should be transferred over to the Police
Department with that function, and then let the police officers be released.
So we are doing that, Commissioner, but I can't promise you to do that over
y night.
Commissioner Plummer: OK. Now...
Vice Mayor Alonso: Excuse me. I need a clarification on that. From
community development?
Mr. Odio: For instance, we have a unit in community development that does
events, Espi.
Vice Mayor Alonso: Yes.
Mr. Odio: And there is a unit in the Police Department that does events, so
we transferred them over there, the civilians, and let them do the same thing
over at the Police Department. Things like that which we have to work out, is
what we want to do to release police officers as you want.
Commissioner Plummer: OK. My final question applies to all departments
across the board. Bring me up to what you understand is the present policy of
car allowance for non City residents.
Mr. Odio: They are not to receive it.
Commissioner Plummer: OK.
Mr. Odio: And they have not received the...
Commissioner Plummer: Mr. City Attorney, we read about you, sir.
Mr. Jones: What's my...
Commissioner Plummer: No. We read an article in the paper that said that
prior toj you gave all of your employees a raise equivalent to the amount of
car allowance.
Mr. Jones: Car allowance and car insurance. Yes, I did.
Mayor Suarez: You got to my fifth question...
Mr. Jones: Then... Yes.
Mayor Suarez: ... before I did my first four but that works out all right.
Commissioner Plummer: Well, I... You know... I think we have to ask, in the
interest of fairness, I don't think that the Law Department or the. Legal
Department is an island unto itself. And I am asking this Commission if we
124 October 22, 1992
�i
are going to address that as an issue, and take it from there. I just think
the matter has got to be put on top of the table, and if we don't do anything,
we don't do anything, but I am asking the question does... I guess, first of
all, Mr. Manager, does the City Attorney have the right to juggle his budget
that way to afford allowances without Commission approval?
Mr. Jones: Well, you are asking the City Manager...
Commissioner Plummer: I guess...
Mr. Jones: ... a legal problem. You know, first of all...
Commissioner Plummer: No, no, no. I am asking him a budgetary problem.
Mr. Jones: Well, well, let me just say this for the record because, first of
all, when the article came out, it made it appear as if I did something
devious or I needed you approval to do it, whatever else. That this was
something out of the sky, whatever else, and it was not the case. You have to
understand the money was there anyway. This was part of my budget and I
chose, and it was my decision, that instead of giving a car allowance and car
insurance, they could have it in their base salary, and it is as simple as
that.
Commissioner Plummer: All right. Then, Mr. City Attorney, you tell me how I
tell the other City employees, who lost it, that they shouldn't be
complaining.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Yes, Commissioner.
Commissioner Dawkins: Will you yield to Commissioner Plummer?
Commissioner Plummer: Yes, sir.
Commissioner Dawkins: You know, the City Attorney is in charge of the Law
Department. The City Attorney is the individual charged with the
responsibility of running the Law department. Now, if somebody else in charge
of another division chooses to make an administrative decision, that should be
proper. The three people who report to the City Commission are the City
Clerk, the City Attorney and the City Manager. This Commission, on it's own,
decided that it would reward one of its employees, the City Attorney, I mean,
I am sorry, the City Manager, with a package of a raise et cetera, and et
cetera. There is nothing wrong with that. That is our prerogative. But by
the same token, when the City Attorney has money in his budget, does not
overspend his budget, and decides that, number one, he is going to attempt to
maintain a workforce that is at least happy. He is going to attempt to meet
prevailing wages outside of the City Attorney's office by making salaries
compatible to stop people from leaving the City Attorney's office, and going
to more attractive jobs in the private sector, we seem to have a problem with
it, but yet we constantly tell the City Attorney, "You should make an effort
to quits using outside counsel." And yet, we do not have the expertise in the
City Attorney's office to address this. You know... I... Everybody up here
has a right to their opinion, but I think, personally, that if the City
r
125 October 22, 1992
Attorney is the City Attorney, and the City Attorney did not overspend his
budget, then I think he acted properly. That is my opinion.
Commissioner Plummer: Let me disagree with you to this extent. When this
Commission sets a policy to try to accomplish something which we feel is for
the good of this community, and some department head circumvents what this
Commission is trying to accomplish in that policy, then I have to tell you
that my opinion is, it is wrong.
Commissioner Dawkins: OK. Now.
Commissioner Plummer: OK?
Commissioner Dawkins: Let me say one thing, now. The City Attorney is in
charge of the City Attorney's office...
Commissioner Plummer: No, no.
Commissioner Dawkins: Just like the City Manager is in charge of the City's
workforce. This Commission has never challenged the City Manager for giving
raises, car allowances and other things to his administrative staff. We have
never, as a Commission, challenged that. We have felt that that was the
Manager's right, privilege, and everything to do so.
Mr. Odio: Can I give the car allowances back?
Commissioner Dawkins: Hey, that is up to you. See. But we have never
challenged you.
Commissioner Plummer: No it is not up to him.
Commissioner Dawkins: This Commission... Nobody on this Commission.
Commissioner Plummer: It is not up to him.
Commissioner Dawkins: Nobody on this Commission. Now. Bulll I mean come
on. Give me a break. All right, now. The Manager...
Commissioner Plummer: Commissioner.
i Commissioner Dawkins: The... Everybody on the...
Commissioner Plummer: Commissioner, I agree with you.
Commissioner Dawkins: ... Manager's administrative staff gets a raise when
the Manager gets ready, and whenever, and this Commission up here... The
Charter does not permit you to indulge in stopping the Manager from giving a
raise.
Commissioner Plummer: Sir, you are missing my point. I concur with you on
everything you have said. The only place that I disagree is the fact that
this Commission set a policy, and subsequent, knowing that policy going into
effect, in my estimation, that policy was circumvented.
126 October 22, 1992
Commissioner De Yurre: How so?
Commissioner Plummer: How so? According to the City Attorney he gave in lieu
of car allowances that same amount of car allowance money and insurance. -
Commissioner De Yurre: Um-hmm. 1
Mr. Jones: This was done prior to you setting the policy that you did.
Commissioner Plummer: But you knew that the policy was going... —
Mr. Jones: So I really take issue with you saying that I circumvented. I _
didn't circumvent anything, sir.
Commissioner .Plummer: Do you normally give raises in the month of August or
September?
Mr. Jones: Traditionally they have been given in October, ,yes.
Commissioner Plummer: And traditionally I don't know of any time other than
after the budget has been approved that raises are normally given.
Commissioner De Yurre: Well, but J.L...
Commissioner Plummer: Well, obviously, I am a voice in the woods.
Mayor Suarez: No, no, no, no, no.
Commissioner Plummer: I have made my point. OK. You all do what you want.
I -think...
Mayor Suarez: No, no. I...
Commissioner Plummer: ... that the policy...
Mayor Suarez: You not the only one that is upset with that.
Commissioner Plummer: was circumvented, and that is why I merely asked
the City Manager because there are some very very upset employees in this City
about.the-fact that they got their car allowance taken away, and others found
ways to give it back to some, and they didn't get it. It is the only reason I
asked what was the present understanding of the Manager. Anybody else want to
speak to it fine.
Commissioner De Yurre: Well, I looked at it a little bit differently because
I look at 1t` as a man with a lot of vision that he can foretell what this
Commission may or may not do, and going ahead, and if the policy of the
Commission was to do away with car allowances, doing away with it ahead of
time to comply with the request of the Commission, and just giving it as a
salary raise which I think is... You know...
Commissioner. Plummer: We11, then if I agree with you on that premise...
Mayor Suarez: Well, assuming... Let's take the...
127 October 22, 1992
Commissioner Plummer: ... which I don't, why doesn't the Manager do the same
for all of the rest?
Commissioner De Yurre: I would have no objection.
Mayor Suarez: Because it is not in the budget.
Commissioner De Yurre: In fact, I suggested that to happen but there
weren't...
Vice Mayor Alonso: Then what we do is a joke.
Commissioner De Yurre: ... three votes here for that.
Commissioner Plummer: OK.
Mayor Suarez: All right. I think we agree...
Commissioner Plummer: We have two classes of employees, obviously.
Mayor Suarez: J.L., I think...
Commissioner Dawkins: We got three.
Mayor Suarez: Please, please.
Commissioner Plummer: Three?
Mayor Suarez: I agree with you that the message that was sent was the wrong
message. Now let's look, and you can call that contravention or whatever the
term is, or not, Mr. City Attorney, that is your prerogative. Question, what
l
'F
was your total amount of salaries for the fiscal year that just ended, and
what is it for the fiscal year that just began? Because I am going to ask the
same question of the City Clerk, and so far the answers that I have gotten are
'
not acceptable from the City Clerk but...
Mr. Jones: For fiscal year, let's see, 191, 192... It would have been three
million...I am sorry. The total budget would have been three million
r
eighty-six thousand dollars for salaries.
Commissioner Plummer: How many people working in the Legal Department?
s-
Mr. Jones:. < We have-46 employees..
Commissioner Plummer: How many are lawyers?
Mr. Jones: Twenty-two, twenty-two assistants. For salaries it would have
44.
been a`: otal-of, let's see...
MayorSuarez: Are you able to tell me, off the top of your head, if the total
payroll in your department, in thebudget that we approved provisionally,
let's say, because we.are still holding budget hearings in effect, went up or
not, 'I mean it is a simple question.
f
128 October 22, 1992
t..
AN*
�� ry
�i lY
.`1
OP
Mr. Jones: It went down. I mean, obviously,...
Mayor Suarez: By how much?
Mr. Jones: ... you should know that it went dawn.
Mayor Suarez: By how much?
Mr. Jones: It went down to 2.6 million. I didn't have anything to do with
setting the budget. The Budget Department did that, and you should be aware
of that. I have no input.
Mayor Suarez: Well, we have a lot to do with approving the budget.
Mr. Jones: OK.
Mayor Suarez: That is what I am interested in.
Mr. Jones: Well it went to 2.6 million. That is what it went down to from
3.8.
Mayor Suarez: The payroll... Do you pay less now, to your employees, than
you paid last year?
Mr. Jones: You have to ask budget that. I don't know.
Commissioner Plummer: Doesn't it stand to reason if you had three point...
Do you have any less employees this year than you did last year?
Mr. Jones No.
Commissioner Plummer: OK. So if you had three million eighty-six thousand
last year, and 2.6, somewhere along the line somebody has got to be making
Less money.
Commissioner De Yurre: Well wasn't that the rent that was saved because it
was being over at the AmeriFirst?
Commissioner Plummer: No. This is salaries he said.
Mr. Jones`: No, no, no, no, no.
Mayor,,Suarez: No that had to be a total budget.
Mr. Jones: I never answered the question of salaries. Salaries, let's see,
for classified permanent...
Mayor Suarez: I have a message, by the way. I am sorry. That Mr. Tornillo,
I.know.you-need to get to a meeting at 6:30. I believe this item of yours is
the one that has brought the greatest number of people here. Is that the
case? How many.people arehereon the UTD (United Teachers of Dade). matter?
-Thank you. I don't know, what number is it on the Planning and Zoning Agenda?
Sergio?
129 October 22, 1992
F
Mr. Sergio Rodriguez (Assist. City Manager): Seventeen.
Mayor Suarez: All right. So I think it makes sense, and I think we promised
you a special hearing to try to take you up at that point. I have to be
going, at the very latest, at 7:00 P.M., and I would like to be present for
that.
Mr. Jones: It is roughly $600,000.
Commissioner Dawkins: Are we all going home at seven?
Mr. Jones: Roughly $600,000.
Mayor Suarez: No. I have to leave at seven. I would hope...
Commissioner Dawkins: Well, we are all going at seven.
Mayor Suarez: I hope that my...
Vice Mayor Alonso: We are all leaving at seven.
Mayor Suarez: ... colleagues could... OK. It is extremely upsetting to me,
Mr. City Attorney, and Madam City Clerk. I am about to get to you. That you
might not know, at any one point, if your total salaries went up or down, and
what percentage. You should know that.
Mr. Jones: Well, I can tell you it is not something that I walk around and
keep in my heard. I just mentioned to you that...
Mayor Suarez: Well, the rest of us do.
Mr. Jones: it was $600,000.
Mayor Suarez: We told every department...
Mr. Jones: Well.
Mayor Suarez: ... at the beginning of the year. At the beginning of the
budget analysis we said try to reduce, five or six percent, I think, was the
goal we were shooting for.
Mr. Jones: Well, if the budget was reduced then it was reduced far in excess
of that, again, that I...
Mayor Suarez: All right. Well, give me those figures.
Mr. Jones: ... have no control over.
Mayor Suarez: Well give me those figures. You do.
Mr. Jones: Six hundred thousand dollars in salaries. What was approved...
130 October 22, 1992
Mayor Suarez: The total budget last year for the Legal Department versus the
total budget this year.
Mr. Jones: As I indicated to you earlier the total budget for last fiscal
year was 3.66 thousand, ah, three million eighty-six thousand dollars.
Mayor Suarez: right.
Mr. Jones: What has been approved this year is 2.6 million.
Mayor Suarez: The budget of your department went up by... Went down by four
hundred thousand plus dollars?
Mr. Jones: Yes it did.
Mayor Suarez: As a percentage...
Vice Mayor Alonso: Rental...
Mayor Suarez: ... that is more than ten percent (10%).
Mr. Jones: It is twelve percent (12%), of course it is.
Vice Mayor Alonso: I think it is rental. They have quite a bit of savings.
Mayor Suarez: All right. And somehow having that large a reduction you still
manage to give a raise in August, or whenever it was, and still meet your
budget?
Mr. Jones: Yes, I have.
Mayor Suarez: Maybe we ought to get the budget people to look more at how you
do things. Mr. Manager... Well, as long as I mention the City Clerk. Madam
City Clerk, you just told me, before the meeting, that your budget is for
salaries is $458,000. Is that correct?
Ms. Matty Hirai (City Clerk): There is only the salaries and wages. The
total:.personnel services, Mr. Mayor, for last year, was $592,999 and for this
year it is $605,529.
Mayor Suarez: So it went up by, what, $14,000?
Ms. Hirai: By $12,000.
Mayor Suarez: Twelve thousand?
Ms. Hirai: Yes. There was a four percent (0) figured in for increase for
employees.
Mayor Suarez: Did you understand that the City as a whole had a drop in its
.tax base of about two percent (2%)? Am I correct, Mano, on that? Three
percent (3%). And that we were looking to...
Ms. Hirai: Our budget went down.
131 October 22. 1992
tk
Mayor Suarez: reduce the budget of every department, if at all possible,
and I always draw the exception for the Police Department for obvious reasons
of public urgency, and Parks Department for my own policy reasons, which I
think are shared by a majority of this'Commission and the citizens.
Ms. Hirai: The
budget went...
Mayor Suarez:
f
Including Mariano Cruz.
Mayor Suarez:
... down, Mr. Mayor. The
total budget went down.
The
salaries...was
because the Administration included the four percent
(4%)
increase.
Mayor Suarez:
So you took the approach that
the total budget is what
went
down even though you were able to increase
salaries? And you have
how
many...?
Ms. Hirai: We
didn't increase salaries, sir.
The Administration...
Mayor Suarez:
I am sorry. The total amount for personnel compensation.
Ms. Hirai: The
total amount, last year, was $592,999, and this year
is
$605,000...
ti Mayor Suarez:
Right. OK. So we don't call
it salaries because you make it
j sound like they were not increased even though
the total went up.
Ms. Hirai: My
budget...
Mayor Suarez: And why do you need so many people? I mean I think you are
telling me that you need to have a full staff of twelve. How many people...
Ms. Hirai: Yes, Mr. Mayor. We haven't changed that number...
Mayor Suarez: ... of that staff, I mean, you have five folks up here, and we
think they are great people, but, basically, you have functions of filing.
You have functions of receiving legal documents and responding to requests for
production of documents. You have transcribing.
Ms.''Hiraii Yes, sir.
Mayor.Suarez: The transcribing function is not increasing in any way, is it?
Ms Hirai: No, sir. We have had the same number of employees for the last
ten years, I think. And we have many more responsibilities.
Mayor Suarez: And if Commissioner Plummer would speak a little less the
transcribing would probably be a tot less to do, right?
Ms. Hirai Probably.
Mayor -,Suarez: So he would help your budget.
132 October 22, 1992
� X
Vice Mayor Alonso: Now you got yours, J.L.
Commissioner Plummer: Does anybody hear my voice. I heard the voice of a
loud mouth.
Mayor Suarez: All right. Twelve employees.
Ms. Hirai: Mr. Mayor, over and above those functions I want to say that for
the first time, for the last two session, we wrote a bill, my assistant and I.
We went to Tallahassee. We lobbied. We are very proud that this last year it
did pass the House and the Senate, and in the last week of the session they
recalled everything that passed and died on two votes. We are back on it
because it is going to mean, if passed, a hundred and twenty thousand dollars
for our City, which we are very happy to say that we plan to bring.
k Commissioner Plummer: Madam Clerk.
Ms. Hirai: Yes, sir.
Commissioner Plummer: May I suggest to you.
Ms. Hirai: Pardon, sir?
r
Commissioner Plummer: I don't think the Mayor is talking about where the
money is coming from. I think what you need to do for the Mayor, and for me,
is a justification of the need for the amount of employees that you have. If
the justification is there, then the dollars have to follow to meet the need.
Ms. Hirai: It is...
Commissioner Plummer: And I think what you need to do is to justify twelve
employees and why you need that many.
Ms. -Hirai: We not only need the twelve employees, Mr. Commissioner, we expend
-
about $7,000 in overtime because we work sometimes late at night and weekends
as well, and there are many many functions and not simply those three, and we
would be happy.to itemize each single one of them. We have written three
grants that took an inordinate amount of time. We prepared, and completed, a
presentation for the Manager on a records retention...
Commissioner Plummer: Don't they do audits on all those? But don't they have
audits on those position of what they do?
Ms. Hirai: ... centralized system for the City, especially after the
:
hurricane, but we have not released it, because we are expecting to hear from
one of our grants.
Commissioner Plummer: Well why doesn't she just forward those?
Ms. Hirai: Maybe we can give you the good news that not only do we have this
plan but we have the money to cover for it as well.
Commissioner Plummer: The Manager tells me that on all positions that you or
I: others have, there is an audit as to what that responsibility of that employee
is.
S '
133 October 22, 1992
Commissioner Plummer: Why don't you forward to us those copies of those
audits of what those people are doing, and what their needs are.
Ms. Hirai: Yes, sir. I would be happy to.
Mayor Suarez: How many are actually transcribing the Commission hearings? I
would presume that...
Ms. Hirai: Two, Mr. Mayor.
Mayor Suarez: Two.
Ms. Hirai: Two. Which are presently from an temporary agency, and I would
kindly request if you allow us to fill the positions at this point.
Mayor Suarez: What appears to me, I have to tell you this, to be perhaps the
single -most important function of your office is now being served by temporary
employees from a temporary service. That...
Commissioner Plummer: Thank you.
Mayor Suarez: ... to me, is not good management. But I have got a couple
other questions and then I think we ought to see if the other Commissioners
have questions on the budget, and get on with the agenda. Mr. Manager, you
indicated in a recent memo that the agreement with the unions to increase
salaries by four percent (4%) for union members would be, in fact... We
would, in fact, abide by it. Beginning with the fiscal year, I presume.
Mr. Odio: October 1st, yes.
i
Mayor Suarez: OK. The prior communication I have from you was that that was
going to be... You were trying to negotiate us out of that commitment.
Mr. Odio: Well, we...
Mayor Suarez: Something changed.
Mr. Odio: Yes. We agreed not to... It was too complex... This four percent
(4%) they were entitled October 1st was a deferment from last year, and I felt
that we had to comply with the agreement that we had.
Mayor.Suarez: All right. How are we...
Mr. Odio: Now all the salaries... All the unions are now up for
renegotiation and their openings for next year
Mayor Suarez: OK. The present contracts that we have with the unions, with
collective bargaining units, typically end when? At the end of this fiscal
year? Is that what you are saying?
Mr. Odio: No. They don't end but we have reopeners on that.
134 October 22, 1992
5
Mayor Suarez: They have one year that we can renegotiate terms?
Mr. Odio: Yes.
Mayor Suarez: All right.
Commissioner Plummer: But that is a single issue.
Mr. Odio: It is a single issue.
Commissioner Plummer: Is that all the unions?
Mr. Odio: There are two issues that are... Not with all...
Commissioner Plummer: The single issue is residency.
Mr. Odio: No.
Commissioner Plummer: Is that... I am sorry...
Mr. Odio: There is residency and salary and the cost of living increase.
Commissioner Plummer: Oh. OK. All right. But the primary...
Mr. Odio: And then solid waste is not.
Commissioner Plummer: ...reopener on the City's side is residency. Does that
apply to all unions?
Mr. Odio: Well, Solid Waste has a reopener the next year after that. So they
are an alternate year.
Commissioner Plummer: But in other words is that reopener there for...
Mr. Odio: No.
Commissioner Plummer: ... Sanitation the following year?
Mr. Odio: For some reason I think I goofed on this. Solid Waste there was
not a residency issue left open. Is that correct?
Ms. Sue Weller: There is a reopener with the Solid Waste union which we will
open in May of next year for the October 193 raises. The other three unions
open up for their full contract next May. For the contracts that they are
under now that end next October, or next September 30th, really.
Commissioner Plummer: That is amen on the contract or for the reopener?
Ms. Weller: Everything for those three unions.
Commissioner Plummer: So in other words then... When is the... I am lost.
When does the reopener come in for the single issue?
135
October
22,
1992
Y�' 4
Ms. Weller We have, right now, we are in reopeners, right now, with AFSCME
(American Federal, State, County, and Municipal Employees) and fire and FOP
(Fraternal Order of Police) for residency, and one issue by the union.
Commissioner Plummer: OK.
Ms. Weller: All right.
Commissioner Plummer: But when does that come to a conclusion?
Mr. Odio: September 30th. By September 30th of next year.
Commissioner Plummer: Next year.
Mr. Odio: Yeah. Well, it is this budget year, OK. That is the problem with
the September 30th.
Commissioner Plummer: OK. So that matter... Whatever the final resolution
is will be done by September the 30th of next year.
Mr. Odio: We have to. And then we open the negotiations for the total
contract in May.
Commissioner Plummer: How much... Let's use police and fire. How much
beyond September the 30th? When is their final?
Mr. Odio: That is all. That is it.
Commissioner Plummer: That is it.
Mr. Odio: Yes, sir.
Commissioner Plummer: It will be an entirely new contract...
Mr. Odio: New contract...
Ms. Weller: That is correct.
Commissioner Plummer:
Mr. Odio: Of 194.
... October i of next year.
Ms. Weller: That is correct.
Commissioner Plummer: For police and fire.
Mr. Odio: 194 budget.
Ms. Weller: Police, fire and AFSCME.
Commissioner Plummer: OK. Why is sanitation not all at the same time?
Ms. Weller: We normally have two unions open every year. So you have two one
year and two the next year, and they repeat. That has how it has been done in
136 October 22, 1992
history. It just turned out that the sanitation employees took a three year
Contract one year, which threw them off line where other unions were taking
two year contracts.
Commissioner Plummer: OK.
Mayor Suarez: Have we made any progress, Mr. Manager, on... And I think the
head of the firefighters union is here. Maybe he can comment on this if
appropriate, if he is prepared to do so. On the possibility, and the idea,
and the proposal of having at least accidents reports to be covered by
firefighters as opposed to police officers. What would be required, if
anything legally, to accomplish that.
Mr. Odio: Well, it would have to be left for May when we reopen the total
contract because I can only open residency now, and they have one item.
Mayor Suarez: OK. You are saying that the present contract, itself,
precludes asking...
Mr. Odio: Yes.
Mayor Suarez: ... firefighters to...
Mr. Odio: That is correct.
Mayor Suarez: ... to help us to...
Mr. Odio: To do additional work, yes. AbsolutQly.
Mayor Suarez:. The contract, itself, has a description of the kinds of things
that they... services that they render that...
Mr. Odio: No. But...
Mayor Suarez: ... excludes that possibility? Or, I mean, I thought there was
a problem with State law.
Mr. Jones: Well, you know by definition, by job function, the duties are
spelled out, and what you would essentially being doing is changing the term
and condition of that person's employment.
Mayor Suarez: That is in the contract?
Mr. Jones: Yes.
Mayor Suarez: All right. For one vote here make sure in the next
negotiations you include that as part of what we would like them to do. That
and anything else that occurs to you, and you, Chief, we hired on the
presumption of being extremely flexible and creative, and trying to figure out
a way to...
Mr. Odio: Let me... Let me...
Mayor Suarez: ... free up police officer.
137 October 22, 1992
�t f
h
Mr. Odio: Let me say this for the...
Mayor Suarez: 1 mean I presume you support that concept.
MP. Odio: No. I don't know. I have to look at it.
Vice Mayor Alonso: What do you have in mind, specifically, Mr. Mayor?
Mr. Odio: Because what they are doing now...
Mayor Suarez: That they do accident reports.
Mr. Odio: What they are doing now... I don't think the Police Department
would support that either.
Mayor Suarez: Firefighters respond to accidents and do accident reports
rather than police officers.
Chief Carlos Gimenes: It is not legal.
Commissioner Plummer: Well, can I...
Mr. Odio: It is not legal.
Commissioner Plummer: ... interject. I got to have a...
Mayor Suarez: Well, I already reserved the legal problem of State law, if
that is the case, Chief, and I appreciate you telling me what is legal, and
what is not legal. I already reserved that when you were somewhere else, as
4:
an issue to be resolved, maybe by legislature. Because maybe we will go to
legislature and ask them. Al right. If that is what you mean. State law,
is that what you mean by not legal?
Chief Gimenes: Yeah. Well, number one, we can't write tickets. I mean,
that's... We can't do that. Only police officers can do that.
f.
Mayor Suarez. Like I said...
Commissioner Plummer: No. That is not a true statement. You can do it if
you are certified. If we send a fireman... I am opposed to it Chief, OK?
But don't make a statement that I think is incorrect. If you send a fireman
to school and get him certified as a PSA, he can write tickets. OK? Now that
is the law. But don't say you can't write a ticket. You don't want it. I
r. `don't like it, and my point is very well taken. I don't want to use a
r' fireman, for the amount of money that I pay a fireman, when I can get three
PSAs to go out and write tickets. To me that doesn't make sense.
t. Vice Mayor Alonso: What is the benefit to the City of Miami? Do you think we
will save money?
Mayor Suarez: The benefit is the use of a very very highly trained and
educated City employee to help in a situation where you don't need a police
officer, and to me there is plenty of time in a firefighters shift to cover
138 October 22. 1992
4.
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that. By the way, as I have told ,you... This goes a lot with the whole
concept that we are using the wrong size vehicles, for the most part. The
figures you gave me, or your predecessor, where that ninety percent (90%) of
the time when a fire truck was called, it was for a nonfire situation. It was
an emergency, rescue, chemical spill, accident, et cetera. And in those huge
lumbering trucks are hardly the way to get to that. Now, we should have a
more mobile firefighting force. We should have them available to respond to
accidents. We should have them possibly, ultimately, working together as in
many cities with the Police Department in Public Safety Department, and we
should have them, I think, possibly, with normal hours instead of the very
very strange hours you keep where people have to sleep there, et cetera, et
cetera. Those are my views. You know those are my views. OK.
Chief Gimenez: OK. Could I respond to some of those things?
Mayor Suarez: No, no. No, no. I am just stating them because we have got
folks here on other items. One aspect of that is, I think, the most key to
getting more police officers on the streets, and that is that particular issue
that I brought up. If the main objection is that it has to be built into the
contract, I have stated my views for the future negotiation of the contract,
and I am sure that puts the President of the union on notice. If other
objections are included in the State law, obviously, we have to change that.
If you want to add anything to that you are welcome to.
Mr. Shorty Bryson: I would like to add something. Shorty Bryson, President
of the Miami Firefighters. What I am going to add is I am going to tell you
right now my intent. It is not to put that into the next contract. We have
less firefighters by 150 than we had ten years ago. We have five times the
number of calls. All right. We are producing, and I am not going to put
those firefighters, while I am sitting at the table, in the position to be
writing a report somewhere when somebody is having a heart attack or a fire at
their house. If anything, I am going to ask for more firefighters. We need
more rescue trucks in the City, not less.
Mayor Suarez: Al right. By the way, I have always made the distinction
between the rescue...
Chief Gimenez: But, sir, you really can't make that distinction because
they...
Mayor Suarez: Oh, I am not going to get into that argument with you.
Chief Gimenez: OK. All right.
Mayor Suarez: I am not going to get into that argument with you.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Yeah.
Commissioner Dawkins: I have to say this here because otherwise it is
illegal. You know I don't understand the sanitation workers. I fought for
eight years to have the sanitation workers understand that there had to be a
unified bargaining unit. I fought so that they could come in the same time
139 October 22. 1992
T5'0.`x
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with everybody else, and I am very disturbed to learn that the firefighters
have allowed the Administration to separate you from the other three unions.
It puts all of you at a disadvantage...
Commissioner Plummer: He said the firefighters. He meant sanitation.
Commissioner Dawkins: ... because right now they have to play against... You
are being played against one another, and I don't understand how the SEA
(Sanitation Employees Association), how their, "union representative,
bargaining agents or whatever" could allow themselves to be painted into a
corner, by themselves, where the Administration can play whatever they give
you against whatever they give anybody else. Thank you.
Commissioner Plummer: Mr. Manager, have you got any preliminary information
from the County of what you are looking at, in reality, for next year on the
appraisals, the assumption rates?
Mr. Odio: No. Let me tell you why. The County themselves are having...
Commissioner Plummer: They come out January 1, right?
Mr. Odio: Yeah. But they are having a hard time analyzing what has happened
to them after Andrew, and the tax base losses that they are going to have down
Kendall south. I feel that we will be, if not even, slightly increased, but I
don't feel that it will drop again.
Commissioner Plummer: Do you have any reason... I am asking this now as an
individual taxpayer.
Mr. Odio: Yes.
Commissioner Plummer: Do you have any reason why we have not received our tax
bills? November is usually the first month in which we get a discount...
Mr. Odio: Ours went out on...
Commissioner Plummer: ... and I haven't received mine as of yet. Have you?
Mr. Odio: No. No I haven't now, come to think of it.
Commissioner Plummer: And I am concerned of the City having a cash flow
problem.
Mr. Odio: No, no. We are OK.
Mayor Suarez: I received mine. Tax bill?
Vice Mayor Alonso: You did?
Commissioner Plummer: Yeah.
Mayor Suarez: Or the estimated appraisal?
Commissioner Plummer: No. We got the estimated...
140 October 22. 1992
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T
Vice Mayor Alonso: The estimated, yes, but the...
Mayor Suarez: Not the actual tax bill.
Commissioner Plummer: ... but we haven't got the actual tax bill.
Mayor Suarez: But in many cases it is probably sent to your mortgage company.
Mr. Odio: To the bank. To the mortgage company.
Commissioner Plummer: I don't have a mortgage company.
Mayor Suarez: In your case, you don't owe anything to anybody.
Commissioner Plummer: I don't have a mortgage company, sir.
Vice Mayor Alonso: Even if you don't you get a copy.
Mr. Odio: They have been... They are running on time from what I hear.
Mayor Suarez: You get... Yeah. You do get a...
Mr. Odio: They are scheduled on time, so...
Commissioner Plummer: OK. Just asking. It seemed like to me we got them
prior.
Mr. Odio: Remember you covered yourselves against any tax losses last
Commission meeting with the federal grant of five million dollars.
Mayor Suarez: OK. But we may have some tax gains. Is there...
Mr. Odio: We may.
Mayor Suarez: ... any participation intended on the part - I am glad you
asked that question - on the part of our budget, people, with the appraisers
office as the downtown situation begins to recover with higher occupancy...
Mr. Odio: Yes.
Mayor Suarez: ... to make sure?
Mr. Odio: We are doing that.
Mayor Suarez: How?
Mr. Odio: We have Dipak...
Mr. Manohar Surana (Assist. City Manager): We are looking at all the major
properties in the downtown area, and we are going to work with the property
appraisers office, and we are going to watch them. We started... We already
started that.
141 October 22, 1992
Mayor Su&rez: Because, obviously, what they have done to get reassessed...
Mr, Surana: Bight.
Mayor Suarez: ... lower 1s to...
Mr. Surana: Bight.
Mayor Suarez: ... argue that they are empty. They are not profiting, et
cetera. Al right. Ladies and gentlemen we have... I don't know,
Commissioners, if you have any more questions on the budget...
Commissioner Plummer: Sir, the only thing I would like to do is to schedule
the next budget hearing for December the 10th.
Mayor Suarez: All right. And we are entitled to, I think, by prior
resolution of this Commission, to have a quarterly report, I believe...
Mr. Odio: But... I would...
Mayor Suarez: ... which would be...
Mr. Odio: We only have one meeting that day.
Mayor Suarez: ... maybe January, if you like.
Commissioner Plummer: January is fine.
Mr. Odio: Please. OK.
Mayor Suarez: All right. Anything further?
Mr. Williams: Mr. Mayor.
Commissioner Dawkins: Mr. Williams is trying to say something, Mr. Mayor.
Mayor Suarez: Is Judge Carnesoltas here?
Vice Mayor Alonso: Yes, she is. -
Mayor'Suarez: Oh. There she is.
Vice Mayor-Alonso: Yes.
Mr. Williams Mr. Mayor, before you leave...
Mayor Suarez.: Judge, welcome, I presume you are not here on a matter of
compensation so we can be extra nice to you. Yes.
Mr Williams: Before you >leave budget. May I ask the Commission to
reconsider an alternative policy, or some other policy, regarding those
administrative employees that are affected by your last resolution on the car
allowance? We sort of have a void there where some employees are affected and
some'are not, and I would ask the Commission to give the Manager the authority
142 October 22, 1992
to consider some policy different than the oar allowance, whatever it might
be, but that you would take that into consideration before you leave the
budget issue.
Vice Mayor Alonso: Could you give us an example of what...
Commissioner Plummer: Yeah. What is...
Vice Mayor Alonso: ... basis on what conditions.
Commissioner Plummer: I don't understand.
Mr. Williams: I would suggest, and I think the Commission certainly has made
the point about car allowances and where people live and so forth, that the
Manager be given the authority to make adjustments in salary levels, or some
additional compensation to take into consideration the void that some
employees will experience.
Commissioner De Yurre: Are you just talking about the car allowance, or the
use of a car?
Mr. Williams: I am talking, specifically, about the policy decision that
the...
Commissioner Plummer: He is asking us to do what the City Attorney did.
Mr. Williams: Well...
Commissioner Plummer: That is what he is asking us to do.
Mr. Williams: This City Commission passed a policy resolution last time...
Commissioner Dawkins: I don't think... I move that the City Manager make
that decision just like the City Attorney did and then bring it back.
Commissioner De Yurre: Bring 1t back and we will go ahead and proceed with
it.
Mayor Suarez: If you do have, as per that motion, a new initiative, here are
the parameters that I am looking at. We were looking for a savings of
$200,000...
Commissioner Plummer: More.
Mayor Suarez: ... or more. We were looking to change the present situation
where it is almost an incentive to not live in the City, because you get a car
allowance regardless. So you got to figure out some system where you create a
differential or a greater incentive to live in the City...
Commissioner Plummer: It is an incentive.
Mayor Suarez: ... and I can't imagine that those two things can be satisfied
without some people having their standards of living affect somewhat, but I
understand that a lot of people were affected negatively, and you know, I can
143 October 22, 1992
WPOMQ
identify with that. But I think the policy makes sense because of the
objective of having people live in the City. I wasn't aware that is was some
kind of in lieu of compensation that was started I don't know how many years
ago by prior administrations...
Mr. Odio: It started in 1975.
Mayor Suarez: ... engaging in bad management practices, but those things, I
suppose, might make me change but you would have to come up with... Satisfy
the other parameters for my vote.
Vice Mayor Alonso: I think they can bring the item back to us in the next
Commission meeting, and we will analyze and make a decision on that. I think
it would probably be fair on the basis that what happened with the Legal
Department. On the basis of that, how can we justify not doing it in other
departments?
Commissioner Plummer: I concur, but I got to ask a question where is...
Vice Mayor Alonso: So I really think we should look at the specific cases
that you are going to bring to us, and then, maybe, make a decision.
Mr. Odio: The question that...
Commissioner Plummer: Well.
Mr. Odio: Commissioner Plummer was asking is the money was in the budget
for the car allowances.
Vice Mayor Alonso: Yeah. But we were looking for savings.
Mayor Suarez: Yeah. We were looking for savings. You guys seem to forget...
Commissioner Plummer: Two hundred thousand dollars...
Mayor Suarez: ... that we are doing... Ladies and gentlemen, we are doing
tax anticipation notes thirty million dollars this year so that we can borrow
until your tax payments come in, and the alternative way to do that, where you
don't have to pay interest et cetera, and cost, and attorneys fees, and bond
council, and underwriters et cetera, is to save money.
Commissioner Plummer: And we have...
Mayor Suarez: To have...
Commissioner Plummer: ... where we are forcing employees...
Mayor Suarez: ... money...
Commissioner Plummer: ... to do more work than they have ever done...
Mayor Suarez: To have cash up front at the beginning of the fiscal year.
Mr. Odio: Wait. Wait. For the ten notes we made $300,000 profit.
144 October 22, 1992
Mayor Suarez: And I am not going to embarrass you by asking you if right now
you have six million dollars in the bank as per what I thought was an
ordinance. I am not going to embarrass you with that one.
Vice Mayor Alonso: Yes, that takes...
Commissioner Plummer: How was it, Mr. Mayor, in August we were all desperate
with our backs to the wa11, that we weren't going to make budget, and now we
are having $200*000 surpluses...
Mr. Odio: Commissioner, that was in the budget.
Commissioner Plummer: ... and $100,000 surpluses.
Mr. Odio: That was in the budget that you approved.
Commissioner Plummer: And my father taught me a penny saved is a dollar made.
i You know.
Mr. Williams: Commissioner Plummer...
Mayor Suarez: Well, well... Please, please... I mean, Ron... Ladies and
gentlemen, unless you have... Commissioners, unless you have any other
questions I think the Vice Mayor stated it logically. We might just consider
something. Come up with something that makes sense, and satisfies the
parameters of at least three of us, and you may have a...
Mr. Williams: Mr. Mayor, for fear of imposition...
Mayor Suarez: It concerns me to see...
Mr. Williams: ... just this final point.
Mayor Suarez: ... an Assistant City Manager up here arguing his own case, and
those of his council, as much as we assume the council meets to try to resolve
the problemsofthe City, not the problems of the members of the council.
Mr. Williams: That is true.
Mayor Suarez: Right.
Mr. Williams: Not directly, Mr. Mayor, that I am affected. My only comment
that I would ask of the Vice Mayor is that certainly we will put that together
and bring it back to you, but what we are experiencing, at this point, is an
interruption of that benefit, and I would ask the Commission to take into
consideration some kind of...
Mayor Suarez: I think we were aware of that much.
Vice Mayor Alonso; I would not press your luck...
Mr. Williams: ... way to get around that interruption until we can get that
back to you.
145
October 22. 1992
i
Commissioner Plummer: Voodoo.
Vice Mayor Alonso: ... that far so I think this Commission...
Commissioner Plummer: Miller. Voodoo economics we have around here.
Commissioner Dawkins: Hallelujah.
Mayor Suarez: Ladies and gentlemen, we have an item...
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Yes, Commissioner.
Commissioner Dawkins: Since I am the only senior citizen up here, and I am
the only retired person up here, I would like to move... A special privilege
to move 1.7.
Mr. Odio: Plummer and I are also senior citizens.
I
Commissioner Plummer: PZ-17.
4
Mayor Suarez: Is that PZ-17?
Commissioner Dawkins: Yeah. PZ-17. Yeah that is what they are. Me and the
rest of my senior citizen friends.
Mayor Suarez:
All right. We are on PZ-17.
Commissioner
Plummer: The only one left.
Mayor- Suarez:
Point of personal privilege, and point of...
Commissioner
Dawkins: The senior citizen of the Commission.
Mayor 'Suarez:
.Right. Of courtesy to the...
=
Commissioner
Plummer: Oh, oh. No. Mr. Mayor...
Mayor Suarez:
... retired members of the UTD (United Teachers of Dade)...
4
i
146 October 22 1999
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----ii-Yi.iY --- ill.---Yiw-- ilYiY---------------- ------ r-----------i::iir --------Y--it Yi
21. URGE SUPPORT BY FLORIDA LEGISLATURE OF A BILL EXEMPTING, FOR A TIME
CERTAIN, STATEWIDE DISTRIBUTION OF SALES TAX COLLECTED IN DADE COUNTY.
Commissioner Plummer: Mr. Mayor...
Mayor Suarez: ... who presumably are the
Commissioner Plummer: The administration....
Mayor Suarez: ... only people that live in that...
Commissioner Plummer: Before you go into zoning the Administration asked for
the following. "A resolution urging support by the Florida legislature of a
bill exempting for a time certain Statewide distribution sales tax collected
in Dade County." I will so move.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded.
Commissioner Plummer: The Clerk need a copy?
Commissioner Dawkins: I did. Um-hmm.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-684
A RESOLUTION URGING SUPPORT BY THE FLORIDA LEGISLATURE
OF A BILL EXEMPTING FOR A TIME CERTAIN STATEWIDE
DISTRIBUTION SALES TAX COLLECTED IN DADE COUNTY;
FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF
THIS RESOLUTION TO THE HEREIN NAMED OFFICIALS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
147 October 22, 1992
22. BRIEF DISCUSSION CONCERNING UPCOMING LEGISLATIVE BATTLE IN CONNECTION
WITH PROPOSED TWO CENTS SALES TAX -- SCHEDULE DISCUSSION FOR NEXT AGENDA
TO GIVE TALLAHASSEE LOBBYIST MIKKI CANTON GUIDANCE AND ORIENTATION.
Commissioner Plummer: I take note with interest that we were notified, I
guess all of you this morning, by our lobbyist, Mikki Canton, that the Dade
County Big Brother is going to try to bring back that big bad wolf called
sales tax on mom and pop operations, asking for this Commission, once again,
to give her instructions which we would put on the next agenda, I would hope,
so that we can give her the consensus of this Commission, especially if it has
changed from the last standing that we have.
Vice Mayor Alonso: She did not inform me and I think that it should be a
policy of our lobbyist to inform each and every one of us on equal terms.
Commissioner Plummer: I think you will find it on your desk. I just got it
this morning.
Vice Mayor Alonso: Well.
Mayor Suarez: Well that is not a heck of a lot of time.
Vice Mayor Alonso: She did not, and I think that we should be informed...
Commissioner Plummer: I agree.
Vice Mayor Alonso: ... of all terms regardless we voted in favor of the...
Commissioner Plummer: Well, she said she didn't get hers.
Vice Mayor Alonso: ... lobbyist contract or not. I think we should receive
equal treatment.
Commissioner Plummer: I agree.
Mayor Suarez: All right.
Commissioner Dawkins: I move 17.
Commissioner Plummer: They say that you did get it.
Vice Mayor Alonso: How does he know?
Mayor Suarez: I would ask you that you not...
Commissioner Plummer: Because he said that all five were sent.
Mayor Suarez: ... call for a vote on that, Commissioner Plummer, because I am
not sure what the latest...
148 October 22, 1992
7
Commissioner Plummer: Sir, I am scheduling for the next meeting.
Mayor Suarez: Fine.
Commissioner Plummer: OK? I just what to make sure.
Mayor Suarez: All right. So I on item PZ-17. What is...
Commissioner Dawkins: I move it.
23. MOTION OF INTENT TO APPOINT SETH GORDON TO SELECTION COMMITTEE IN
CONNECTION WITH RECEIPT OF RFP FOR REDEVELOPMENT OF THE GUSMAN / OLYMPIA
BUILDING.
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Yes.
Commissioner De Yurre: If I may.
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: So we can get this out of the way before we get to the
PZ. I would like to bring up for consideration appointing Seth Gordon to the
RFP Committee for the redevelopment of the Gusman Olympia Building which was
approved on the 8th by this Commission.
Commissioner Dawkins: Second.
Mayor Suarez: So moved. I have meant for that to happen automatically, and
somehow it didn't. So if anybody has any problems with that, if not...
Commissioner Plummer: Second.
Mayor Suarez: ... we have a motion and a second. Is that a proper way to do
it, Joel?
Mr. Joel Maxwell (Assist. City Attorney): No, sir. That would have to be
advertised under Chapter 18. So what I suggest you do is have the Manager,
because it calls for the Manager's recommendations. Have the Manager bring
this back at the next meeting, after being publicly noticed, and it can be
taken care of at that time.
Commissioner Dawkins: Well, we so move.
Commissioner Plummer: Wait a minute. You are saying that we don't have the
right to appoint without advertising a member to a committee?
Mr. Maxwell: Isn't this the UDP for Gusman Hall we are speaking of?
149 October 22, 1992
;2 S
. .R•9.kiss.ti<!,z`.kra.✓,ea'dvAn'.tlak`rotidtt��WR3isllsdt � ,
Commissioner Plummer: That is correct.
Mr. Maxwell: Under the provisions dealing UDPs, they must be...
Commissioner Plummer: You understand that this is an added name. This is not
the original.
Mr. Maxwell: I understand, but the ordinance clearly says... The code clearly
says that after a properly noticed public hearing you can appoint members to
the Selection Committee.
Commissioner Plummer: We have had them noticed public hearing. That is why I
am questioning it. We already had one.
Mr. Maxwell: That is correct but that meeting was held last Commission
meeting and not this one.
Commissioner Plummer: Yeah.
Mr. Maxwell: The proper way to do it is to bring it back at the next meeting.
Commissioner Plummer: It seems like once you have noticed you have noticed.
OK. If that is the case, that is the case.
Mayor Suarez: I had, unfortunately, flagged this for the Administration way
before the hearing, but didn't make it to...
Mr. Maxwell: No. We were first told about it on Monday. You still would
have missed the 10 day notice requirement. You have to get it to the Herald,
and they have time requirements and so forth.
Mayor Suarez: Right. No. I had flagged to the Administration at least 10
days in advance of the meeting, I believe, but somehow it didn't make it in
there. All right. For the next Commission meeting than the Commissioner's
proposal of intent, motion of intent, you understand it that way. We had a
second, Commissioner Dawkins. Call the roll.
Commissioner Plummer: Well I would sure hope that Mr. Gordon would avail
himself of sitting in on the meetings until he is officially notified.
Mr. Maxwell: No. There are no meetings. The first meeting occurs a long
time from now.
Mayor Suarez: All right. Perfect.
Mr. Maxwell: So he won't be prejudiced in any way.
Commissioner Plummer: Oh, there is no big problem then.
Mayor Suarez: Then that is not an issue. Call the roll on the motion of
Intent.
i
150 October 22, 1992
�Xb�Yk4F ��t F
0
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 92-685
A MOTION OF INTENT TO APPOINT SETH GORDON TO THE
SELECTION COMMITTEE IN CONNECTION WITH REQUEST FOR
PROPOSALS FOR THE REDEVELOPMENT OF THE GUSMAN/OLYMPIA
BUILDING, AFTER A DULY ADVERTISED PUBLIC HEARING.
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
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
24. COMMISSIONER PLUMMER REQUESTS TO KNOW WHETHER COMMISSIONER DAWKINS HAS
SUBMITTED HIS APPOINTMENT TO THE MIAMI SPORTS AND EXHIBITION
AUTHORITY -- APPOINTMENT TO BE MADE IN NOVEMBER.
Commissioner Plummer: I was informed that we were going to have Commissioner
Dawkins about the Sports Authority at this meeting... The members
appointments. Is there some problem? My appointee is asking to his term, and
I keep telling him you are there until somebody else.
Commissioner Dawkins: Yeah. Since we had so much on the agenda I scheduled
it for the next Commission meeting.
Commissioner Plummer: In November?
Commissioner Dawkins: Yes.
Commissioner Plummer: Thank you.
151 October 22, 1992
P_L
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•
MINUTES OF PLANNING & ZONING MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 22nd day of October, 1992, the City Commission of Miami, Florida,
met at its regular meeting place in the City Hall, 3500 Pan American Drive,
Miami, Florida in Planning & Zoning session.
The meeting was called to order at 6:01 p.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
ALSO PRESENT:
ABSENT:
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
Sergio Rodriguez, Assistant City Manager
Joel Maxwell, Assistant City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
Cesar Odio, City Manager
A. Quinn Jones III, Esq., City Attorney
------------------------------------------------------------------------------
25. DENY APPEAL -- AFFIRM DECISION OF ZONING BOARD WHICH REVERSED ZONING
ADMINISTRATOR'S DECISION WHICH SAID THAT USE OF THE COMMUNITY /
RECREATION BUILDING AT 1809 BRICKELL AVENUE (UTD TOWERS) FOR UNION
MEETINGS NOT DIRECTLY ASSOCIATED WITH CONDOMINIUM OWNERS WAS NOT
PERMITTED AS ACCESSORY USE -- THEREBY ALLOWING UNION MEETINGS TO
CONTINUE TO TAKE PLACE (Applicant: United Teachers of Dade (UTD);
Appellants: Brickell Homeowners Association, Inc. & Brickell Florida
Condominium Association, Inc.
------------------------------------------------------------------------------
Mayor Suarez: OK. On PZ-17 then.
Commissioner Dawkins: I move it.
Mayor Suarez: Where are we? Let me just make sure.
Mr. Sergio Rodriguez (Assist. City Manager): On PZ-17 you instructed us to
coordinate a meeting between the two different parties, and the parties are
here, and they had to report on the result of the meeting, because after the
meeting they were supposed to get back with the...
152 October 2?, 1992
Mr. Rodriguez: I wouldn't assume that at this point.
Commissioner Dawkins: That is why I moved it. I knew it was in total
agreement.
Commissioner Plummer: Oh, yes.
Mayor Suarez: That is not the case? There is no agreement?
Commissioner Dawkins: OK. Then we will have to hear it.
Ms. Lucia Dougherty: Mr. Mayor, members of the Commission, Lucia Dougherty,
representing UTD. With me is Pat Tornillo and Mary Sisselman from the United
Teachers of Dade, as well as Elizabeth du Fresne who is the counsel for the
council towers.
Mayor Suarez: Oh, yes, we were expecting the $500 for the improvements to the
median. There, she is looking for the check.
Ms. Dougherty: Oh. That is in your Finance Department by now, I am sure.
Mayor Suarez: OK. So then we don't have an agreement, and we have to get
sworn in all of the people who will be testifying in this matter according to
our ordinance.
Ms. Dougherty: Before we do so, Mr. Mayor, I would like to make sure that the
record reflects all of the minutes from our...
Mayor Suarez: Yes.
Ms. Dougherty: ... Zoning Board Hearing. All of the files of the Planning &
Zoning Department regarding this issue.
Mayor Suarez: So incorporated into this particular record of this item, and
Madam City Clerk would you administer the oath? Mr. Fletcher and Lucia would
you have the people that you expect to testify stand up and raise their right
hand, please?
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED
OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING
TESTIMONY ON ZONING ISSUES.
Commissioner Plummer: Under that circumstances, Mr. Fletcher, cannot testify.
Mr. John Fletcher: No. I am not going to testify.
Commissioner Plummer: OK.
Mr. Fletcher: No. I was simple going to point out to you that...
153
October 22, 1992
Commissioner Plummer: Sir, you can't speak on the issue. You did not swear
yourself in.
Mr. Fletcher: All right.
Commissioner Plummer: You cannot speak on the issue. No one can testify at a
zoning hearing that has not been sworn in.
Mr. Fletcher: I understand. If you would like to swear me in I will do that.
Commissioner Plummer: Oh. Fine.
Mr. Fletcher: Yeah.
Commissioner Plummer: You had that opportunity.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED
OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING
TESTIMONY ON ZONING ISSUES.
Mr. Fletcher: Yes. All though I am not a witness. I always have to say that
because we lawyers can't be witnesses in our own cases. It is not ethical.
We... As I understood it, we presented to you all the evidence at the last
hearing, and I don't want to repeat all of that for you, I think that would
just drive you bonkers, but I did want to point out to you, we did meet,
pursuant to your instructions. I think both sides negotiated in good faith,
and I think Lucia will agree with that. We had an agreement before we went
into the negotiations that we would keep it confidential, so as not to
distress anybody, and we were able to talk freely that way. But we came out
of it without any kind of agreement. Now, as I said, we presented all the
evidence last time. There are some people that who would like to speak, and
Tory Jacobs would like to speak again if we could with your permission.
Mr. Tory Jacobs: Mr. Mayor, Commissioners, I am Tory Jacobs. I represent the
Brickell Homeowners Association...
Mayor Suarez: Can you bring that up a little bit, Tory?
Mr. Jacobs: Here? OK. Tory Jacobs, Brickell Homeowners Association. I
heard some things at our last meeting that made me feel that perhaps I could
shed a little bit of light on this that would help us come to the right
decision. First of all, I recall that Commissioner Dawkins likened the
meetings of the union there to a social event of a wedding at a neighboring
condominium association. I would like to put that into a little bit of
perspective. There are two things here. One is a matter of scale. The
building next door has twice as many units, at least three times as many
people. Their largest social room only handles 50 people. The facility next
door, they have a third of the people living there and the union functions
have 10 times as many people, but there is a difference between a regularly
scheduled business meeting, and the occasional social meeting that is hosted
by a resident, and the other case, none of the attendees at the meeting are
residents because the attendees... The residents are not active union
members. I thought that if we could divorce the teachers, that teachers that,
154 October 22, 1992
from this and look at it for a moment, Commissioner Dawkins, as if Equitable
Insurance Company owned a rental building on Brickell and they wanted to use
the social rooms of that luxury rental building for their own training
sessions, their businesses meetings, stockholder meetings, recruiting
meetings, I think we would have no trouble understanding that this would be a
prohibited use. It is a commercial use, and we wouldn't stand for it. It is
only because we are talking about teachers, and we have this feeling of
reverence for teachers that we see this thing differently. There are four
groups involved here. One are the teachers. One are the residents of UTD
Towers who if they ever were teachers, they are not teacher now, and third,
there are the union officials. The union hierarchy who are the ones who
really want to use that facility for meetings, and fourth, are the residents,
the neighbors, on Brickell, who want to protect that area and keep 1t free
from commercial encroachment. We do not want to let the camels nose in the
tent. We do not want to establish precedent of having business meetings in
this 10 block area. The Commission was nice enough a year and a half, two
years ago, to help us by revising the zoning to keep hotel use there. This is
the last thing that I see threatening this area, is the possibility of
commercial encroachment, and business meetings of unions are definitely
commercial encroachment. Now, this is not a new problem. At previous
meetings the union held that there was some correspondence back in the late
170s that suggested that they had permission to hold meetings there. None of
this was found. I went back to the files of the Miami Herald from 1977 to see
if there was anything on there. I found that the City, at that time, was very
keen to get the union out, and threatened to go to court, did go to court,
eventually, the union moved out. They kind of ... after they moved out, they
kind of tippy toed back in, into having these meetings, and nobody said
anything about it until they pulled that permit and materially enlarged the
facility so they could have bigger meetings. I think it is interesting to
note that in 1977 the Brickell Homeowners... We didn't have a Brickell
Homeowners Association, but we had residents on Brickell, and they were
opposed to the unions use of the facility for offices and meetings, and
enlarging the facility there, and they retained counsel, and the Brickell
Neighborhood Council said, there it is only, Beacon Hill in Boston, and there
is only one Park Avenue in New York, and there is only one Brickell Avenue in
Miami, and that eminent counsel is now Mayor Suarez who represented us in
1977, and I hope that he will continue to take that point of view.
Mayor Suarez: That is a direct quote?
Mr. Jacobs: I have it right here, sir. Copies for everybody. I have copies
for everybody. Absolutely.
Vice Mayor Alonso: Conflict of interest.
Mr. Jacobs: Also for...
Mayor Suarez: That was the a... in relation to the second tower.- right.
Mr. Jacobs: Also for eminent present counsel.
Mayor Suarez: The second UTD tower.
Vice Mayor Alonso: You don't remember? You remember now. That is good.
155 October 22, 1992
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Mayor Suarez: Yeah. This had to do with the erection of the second tower for
the UTD, which ultimately our side prevailed in court. I don't presume that
creates any kind of conflict for me.
Mr. Jacobs: In closing...
Mayor Suarez: Yes. Oh, yes. It may as well. I never thought it did, but
just in case.
Mr. Jacobs: In...
Mayor Suarez: Wait, sir, you brought up a point here that we better clarify.
Mr. Joel Maxwell (Assist. City Attorney): Under the Conflict of Interest
Provisions of Local Law and State Law, you only have a conflict of interest if
you have a financial interest in the outcome of these proceedings. If you do
not now represent them, then you do not have a conflict of interest.
Mayor Suarez: Well I never represented either one of these two parties. I
did represent an individual owner of a unit in an adjoining property.
Mr. Maxwell: There is no conflict, sir.
Mr. Jacobs: Thank you. In closing I would like to say that I would hope that
the City Commission could come up with some other way of showing its
appreciation for teachers than to permit this use of the facility to continue.
There have got to be other ways. Give them parking decals. Let them park
anywhere they want in the City without fear of getting tickets. That would be
good because most of the teachers don't actually live in the City of Miami,
and they would come into the City and shop and help the merchants. Come up
with some other way of doing this. Don't put it on the backs of the neighbors
on Brickell Avenue. Thank you.
Mr. Randall Roger: How do you do? My name is Randall Roger, with the firm of
Kane Roger, representing the Brickell Homeowners Association. I will be
brief. As you recall I spoke to you before at the last hearing, and I was
hoping that I would have the opportunity to also address Commissioner Plummer.
I imagine he will be back shortly. At the last hearing all of the City
Commissioners raised concerns which I feel we responded to. You pointed out
that the City's staff had initially suggested that the City deny this use of
the property. There has been a historical presentation made to the City that
this is a commercial use. The Vice Mayor had brought up comments as far as
how did this differ from a family using the facility for a reunion on a
regular basis. I think Mr. Jacobs responded to that. That clearly what we
have here is a business. It has meetings regularly to further the needs of
that business. We presented you last time with a union flyer showing that
they were having meetings, and hearings, and training seminars, business
conduct. I think it is clear that it is distinguishable. I used to be a
teacher. I am sympathetic to teachers plights. I understand and respect
teachers, and appreciate everything they have done, but I think that it is
necessary that the City recognize that this isn't a matter of flag waving, or
apply pie, or teachers. This is a question, a business question, that the
City has to address and recognize as a question of a commercial existence on
156 October 22, 1992
Brickell Avenue. And as Mr. Jacobs put it, and as he so capably quoted the
Mayor, we only have one Brickell Avenue. It is certainly not commercial where
1t runs from 15th to 25th, and I really think the City should seriously look
at that particular concern, and not the nature of the union, or the
composition of the union membership. Thank you.
Mayor Suarez: Very good.
Ms. Dougherty: Mr. Mayor, members of the Commission, again Lucia Dougherty,
1221 Brickell Avenue. I am also not going to go over the evidence, but I want
you to remember a couple of things. Number one, this has been going on at
this tower since 1966. There has been no cessation of the use of this
building for union meetings since 1966 when the building was built.
Mayor Suarez: What was that notice that was previously shown to us? That was
not a recent notice?
Ms. Dougherty: We11, it could be a recent notice, but I am telling you that
these union meetings have been going on since 1966 on a monthly basis.
Mayor Suarez: Oh, they have been.
Ms. Dougherty: They have been.
Mayor Suarez: Training, but not training session.
Ms. Dougherty: Yes. Absolutely. Now, the other thing I want to remind you
of is that the Brickell Homeowners Association, the folks who are opposed to
this, testified at the Zoning Board Meeting that they didn't even no this
existed until we asked for a building permit. So, the truth of the matter is,
this isn't harming anybody. We had an affidavit from somebody who lived in
the Brickell Place Condominium who said that she didn't know that this
existed. She didn't even know that there was any kind of trouble, or problem,
or even saw anything problematic about parking, ever. She didn't know that
they parked in the church across the street. There were signs in all of the
buildings at Brickell Place, and all of the condominiums. They have been
sending out flyers trying to get people to be enthusiastic about coming here
tonight to oppose the United Teachers of Dade. Now we all know, in the City
of Miami, when people are harmed by a use, they are here in numbers, in great
numbers to protest, and we don't see them here because it doesn't harm
anybody. They say that there is camel's nose in the tent. And I am going to
quote from their newsletter. "We all know the story of letting the camel get
his nose in the tent. We must not permit commercial encroachment into the
City of Miami's treasure." There is no camel into the tent. We have been
there since 1966. We have been there before they came there. There is not a
commercial intrusion either because the City of Miami, Zoning Administrator,
wrote an opinion that said that this is not a commercial intrusion. This is
something that we could get a special exception for today. This is something
that's a permitted use by special exception. This is not a commercial
intrusion. Again, I just want to remind you also. Yes, we did have that
building before, for not only our meetings, but our offices and our attorney's
offices. We bought a new building for those purposes. Based on the premise,
and the testimony that was brought to you at the last time by Elizabeth Du
Fresne of an agreement...
157 October 22, 1992
Commissioner Plummer: You're inferring by the bottom -line that I'm doing a
friend a favor.
Mr. Dougherty: ...with the City of Miami that they recognized that this was a
legal use that could be carried on. And Pat Tornillo would just like to
address you for a few minutes.
Mr. Pat Tornillo: Thank you very much, Lucia. Mr. Mayor, members of the
Commission, first I'd like to thank Commissioner Dawkins for acknowledging the
senior citizens that are here, and I would like to tell him and you that over
the past, close to 30 years, I have become a senior citizen while all of this
has been going on. When I started... When we started UTD (United Teachers of
Dade) Towers, then known as Stanley Axlerod Towers...
Mayor Suarez: It's hard to believe you were a young pup once.
Mr. Tornillo: Yeah. I was young. But now, this is almost close to 30 years,
Miller, and I've become a senior citizen. And, you know, nothing has changed
in close to 27 years. We had to fight, at that time, the Miami Herald to put
the building up, because my good friend, departed now, was the Real Estate
Editor, Fred Sherman, at that time... actually, I think outdid your quote,
Mayor. He prepared Brickell to another Sutton Place, and said we should not
put up middle -income housing for retirees under then the Florida... the
Federal Administration law that was in effect at that time, and in effect said
not just for teachers but for all middle -income retirees, because that would
downgrade Brickell Avenue. I suspect that that may be one of the underlying
objections. With the encouragement of the City of Miami, with the
encouragement of the then Mayor, with the encouragement of the Commission in
1965, we applied for and we received a grant from the federal government to
put up UTD Towers. As you are well aware of the history of Brickell, there
was nothing there. And we were encouraged by the City to do that. The Herald
was the only objection. The City of Miami did not object to UTD Towers and
it's ironic that from the day we opened that building, we held not only union
meetings and training session, and we've been doing it from the first month
that UTD Towers opened in 1967. Yes, we had our offices there and that got a
little too much and we moved out. But even when we moved the offices out, no
one objected to the meetings until very recently, the objection. So, the past
practice has been there. It's been there for a long time. And I think it's
ironic that... I guess, the objection is not to the meetings. The objection
is to maybe parking, maybe... I really don't know. And if it is objections
to parking, then I have a problem with that because I don't see any difference
in parking with construction workers that are now building another condominium
who also park in the church parking lot. And all I want to tell you is that
meetings have been going on since the first year. No one, up until now, has
ever objected to them. We have complied with everything that we've been asked
to do and I don't know if we can find a piece of paper, but I can darn sure
can get some former Mayors and City Commissioners to testify under oath to
what Elizabeth Du Fresne has told you and what I'm telling you. There was an
agreement. There was not only an agreement, there was encouragement from the
City of Miami for us to put that building up, to conduct meetings there, and
to run that. We are the sponsor of that building. We're not absentee
landlords. We look after that building, the tenants, and I wish that there
were more landlords that had the kind of interest and feeling in their
158 October 22, 1992
property, instead of being absentee landlords. I live at 1814 Brickell
Avenue. I live across the street. I am a resident. I've been a resident of
the City of Miami for a long time. And I say to you that it would be a
tremendous disservice, and a breaking of a commitment by the City of Miami to
this union and these people, because you all encouraged us to be there. And
we're still there and we, contrary to what a lot of people think, the UTD
Towers is a credit, a credit to the City of Miami, a credit to Brickell, and
would be a credit no matter where it was, even on Sutton Place in New York.
Thank you.
Mayor Suarez: Anything further? From either side? Staff, exactly where are
we and what standard do we need to apply?
Mr. Joseph Genuardi: Well, as you are aware from the last time, that my
interpretation at the time was that the union meetings were not permitted by
the past zoning ordinance or the present zoning ordinance in this
residentially zoned and residential building.
Mayor Suarez: Now, does that... When you say the union meetings, if all of
the residents of this particular tower happen to be members of the union, and
they meet and invite a few of their friends who are also members of the union,
so that there's a quorum of union members, and otherwise a union meeting, is
that the kind of union meeting you're thinking about? Or...
Mr. Genuardi: No, if the residents invite friends and they hold a meeting, I
think that's the reason for this recreational and community facility that they
have there.
Mayor Suarez: OK. You don't mean union meetings when you say training
session... I mean, when you say union meetings you don't mean training
sessions or union activities that are totally removed from the lives of the
residents?
Mr. Genuardi: I mean monthly meetings that are held by people that are
involved in the operation of the union itself, and not... and have no
connection with the residents of the building.
Mayor Suarez: I don't understand because it seems like the union has
automatic, and sort of inalterable connection to the residents since it's
almost the same entity or something. I don't... I forget how that works.
Maybe Mr. Fletcher can... or Ms. Dougherty...
Mr. Fletcher: Well, I was going to suggest a comparison. First Union, if it
holds a mortgage on my house, cannot hold its board of directors meetings in
my house. If I invite them over to do so it would be a violation of the
zoning. Exactly the same thing here. These... The union may in fact hold
some trusteeship as far as the operation of the building is concerned, but
when they drag all their members in who don't live there to conduct business
which is unrelated to the operation of the facility, then they are, under that
circumstance, violating your zoning code. And that's what your staff is
saying. And I remind you that...
Mayor Suarez: But to the extent that the participants are residents of the
building and themselves may be members of the union, or deeply, intimately
159 October 22, 1992
interested in any and all union decisions, that cannot be said to be unrelated
to the residents and their livelihoods.
Mr. Fletcher: They can go hold their business meetings where everybody else
does, in an area that's zoned for business, office, or what have you. That's
their business meetings. We're not talking about a social event, like a
wedding or a barmltzvah, or something along that nature. We're talking about
business meetings, and dragging in 300 to 500 people from outside in order to
do it. That's clearly in violation of your code. And may I point out that
when they expanded their facility a couple of years ago, they came down here
and signed a building permit that that was for a recreational/residential
purpose, not for a business purpose. And it was only later that the City
found out that that was not what they were doing, they were expanding their
facilities for the purpose of business. I don't know what happened in 177, if
in fact some City employee said, "Ohl I encourage you to hold your meetings
there. I say it's OK for you to hold your meetings there. That's not
sufficient under the law. Nobody has notice of that. There are no decisions
before you. Only you, and your appropriately designated boards, can grant
special exceptions and variances. If they say they're entitled to a special
exception, fine! Let them come back and apply for one, so we can get into the
hearing. Lucia has stood here twice now and said they're entitled to a
special exception, but they don't have one. Let them come back and apply for
one, if in fact they think they're entitled to that. Thank you.
Mr. Tornillo: Mr. Mayor, if I might just give the Commission a little more
information, because I think it's to your point. The board... The board of
directors of the union, the United Teachers of Dade, is exactly the same board
of directors for UTD Towers. There is no difference. We own the building.
The board...
Mayor Suarez: Are any of the residents of UTD Towers members of either one of
those two boards? Or of that board?
Mr. Tornillo: No. Some of them are...
Mayor Suarez: Of the union?
Mr. Tornillo: I'm telling you that the board of the union is the board of UTD
Towers.
Mayor Suarez: I understand.
Mr. Tornillo: Exactly the same. And by extension, to back up your
contention, all of the union stewards are officers of the union. Now,
legally, if we are the board of UTD Towers, and we are. It's the same board -
just take off one hat. You take off the hat as a union and you put the hat on
as a member of the UTD Towers board of directors, and all of our union
stewards in the union are officers of the union. Then, in effect, we can hold
a meeting there any time we want. And never mind once a month, because we
officially are the board of UTD Towers, and that's the point that you were
making only I'm making it a little differently. There is no difference. Now,
we would have come to you with an exception if anybody had objected. Why in
the world have these meetings been going on now for 25 years and all of a
sudden now the objection is not just, "We don't want your offices there. We
don't want you meeting there." Something's wrong with that.
160 October 22, 1992
Mr. Roger: if I might just go ahead with my rebuttal. First of all...
Commissioner Plummer: You don't get a rebuttal.
Mr. Roger: Oh. Follow-up comment, if you will.
Mayor Suarez: Final follow-up comment.
Mr. Roger: Final follow-up comment, I assure you. If the union was meeting
there to discuss the business of the building, that would be one matter, but
clearly they're not. You've been presented with the documentation, recent
meetings, that they're there to discuss other matters that are not building
related, that are clearly, clearly business related to the business of the
union - to training and education, seminars to that effect. That is not to
take care of the property. That is not to manage the building. That is
clearly for another purpose, a business purpose, which you've been told by
your staff is a violation of the zoning law. And further, the fact that a
violation has been allowed to continue does not mean that the City has waived
their right to enforce the law. The City has an affirmative duty to enforce
the law. The fact that it has not been brought to the attention, or brought
before the City Commission beforehand...
Commissioner Plummer: Joel, what is he saying? That...
Mr. Roger: does not give the union, or should not afford the union any
comfort...
Commissioner Plummer: How is this before us tonight? For what? A variance?
Mr. Roger: ...by virtue of their past violations. Thank you.
Commissioner Plummer: To grant what?
Mayor Suarez: Anything further? Staff...
Mr. Jacobs: May I make one further brief comment?
Mayor Suarez: Quick.
Mr. Jacobs: The... Mr. Mayor, the residents of the UTD Towers, because of
the HUD (Housing and Urban Development) financing, have to have... be of a
certain age, and be of a certain income level and these people...
Commissioner Plummer: Now, he's talking about why don't they comply for a
nonconforming use.
Mr. Jacobs: ...are not active union members and have no business reason to
attend. In fact, I doubt any of them do actually attend the meetings of the
union. They are just entirely a different group of different people.
Commissioner Plummer: Oh, OK. But is that the proper way you should do it?
161 October 22, 1992
4
•
Mr. Jacobs: The people who live there and the people that are active in the
union.
Commissioner Plummer: Is that the proper way it should be done?
Mr. Jacobs: Now the union is having meetings there, business meetings at the
taxpayers' expense because that facility...
Commissioner Plummer: It's a different hearing from what you've got here now.
Mr. Jacobs: ...is financed by HUD. There are no City or County real estate
ad valorem taxes paid on this property.
Commissioner Plummer: So, Genuardi said no. The Zoning Board said yes and
the appeal is to us.
Mr. Jacobs: HUD has done... provided the financing, and if you permit union
meetings to continue there, it may very well be that HUD will have some
objections, and we'll have more problems just as we're about to get things
settled with the Camillus House and get HUD to sponsor some new housing
development here in Miami.
Ms. Elizabeth Du Fresne: Elizabeth Du Fresne, Steel, Hector & Davis, general
counsel, UTD. I live at 3580 Battersea, City of Miami. I have heard people
refer to 1977 as though it were a mythical event, that perhaps, just maybe,
something happened.
Commissioner Plummer: Uh-uh. I was here.
Ms. Du Fresne: Yes, sir. And this didn't happen in the, you know, the non -
sunshine. On the front page of the Herald they said I had to move my offices
out. Tornillo had to move his offices out. We were not thrilled. This was
not a happy kind of thing. We sat down with the entire staff. We have one
letter in the file, but I'll tell you, every member of the Commission,
everybody knew well what was happening and we were talking to everybody. This
was not a secret. And what we negotiated, and what was agreed to... let's
not talk as though it might have happened. The reality was this City said to
the organization they had encouraged to build a retirement home on Brickell,
"We're with you. We understand you have an ongoing organization to it." The
City agreed that what we were doing was appropriate. They knew we had monthly
meetings, that we did training, that we had sessions there on weekends. They
knew all of that. Not little details - every single detail. They looked at
an agenda of every meeting that was held there for the entire past year. They
talked to me for hours. They talked to Tornillo for hours. They talked to
Sisselman for hours. It was not a casual thing that one day somebody said,
"Oh, yes. You can move, but we won't pay any attention to the fact that
you're continuing to have meetings." They said, "Yes. It is legal. You may
have meetings there," and we did not appeal. We moved a massive organization
out of UTD Towers without appealing, because we had a clear agreement with the
City of Miami - not a fuzzy one. We had a clear agreement that our
organization would continue...
Commissioner Plummer: In writing?
162 October 22, 1992
•
•
Ms. Du Fresne: ...to meet 1n those towers. We have never, ever had anything
but an agreement from this City, until this year. Now...
Commissioner Plummer: Did you have that in writing?
Ms. Du Fresne: You have the copy of the letter. Yes, sir. We've already k
given it to you. In writing...
Commissioner Plummer: You haven't seen it?
Ms. Du Fresne: ...a letter from me to the City, which John just said, "Yes,
from...
Commissioner Plummer: But do you have a copy of that agreement that the City
entered into?
Ms. Du Fresne: You have the letter from me describing it to...
Commissioner Plummer: No, no.
Ms. Du Fresne: That's all we have.
Commissioner Plummer: Not your describing it, do you...
Ms. Du Fresne: No, sir. You have the letter.
Ms. Dougherty: You have a letter concurring that they continue having the...
Commissioner Plummer: From the City?
Ms. Dougherty: From her to the City. That's all they have. They don't even
have... files.
Ms. Du Fresne: That's all they have. I can't help it that they don't have
their files. I do know that that's what we have and we have my letter to them
saying, "This is what we met on and agreed."
Commissioner Plummer: You don't have it in your file? Huh?
Ms. Du Fresne: You...
Mr. Rodriguez: No. Mr. Genuardi can address that in detail. We have a
letter from Ms. Du Fresne stating that, but there is no letter in our files
signed by Mr. Williams, who was, at that time, the Zoning Administrator,
concurring with her. We looked for that letter. It's not there.
Ms. Du Fresne: I'm an officer of the court who has practiced law 26 years and
has never been accused of lying in any form, any place.
Mayor Suarez: Well, we just... We need the document.
Ms. Du Fresne: And I tell you...
Mayor Suarez: We need the document.
163
October 22, 1992
Mayor Suarez: Right. We wouldn't be able to prove or disprove something that
happened that many years ago.
Ms. Du Fresne: You either prove it by testimony of a human being who was
there, and made the agreement, and shook the hands, or you have a piece of
paper. You have my letter that describes the agreement, written in 1977.
Mayor Suarez: Yeah, but we're... We're not... We don't think we're estopped
by that.
Ms. Du Fresne: Well, I'm not talking about legal estoppel. You may or may
not be. I'm talking about the honor of a City who promises something.
Mayor Suarez: But we've got to...
Ms. Du Fresne: That's a different thing.
Mayor Suarez: But we've got to abide by the laws we read...
Ms. Du Fresne: ...abide by your promises. Yes, sir. You do.
Mayor Suarez: Counselor, please. All right. Anything further? If not...
Commissioner Plummer: Well, I'd like to ask a couple of questions, Mr. Mayor.
Mayor Suarez: Yes.
Commissioner Plummer: First of all, what they're requesting here, is it in
fact legal? Can this Commission... Are we empowered to overturn... I guess,
really what we would be overturning if we approved it would be the
administrator. I mean, what is being requested by UTD?
Ms. Dougherty: Mr. Commissioner...
Commissioner Plummer: Is it legal?
Ms. Dougherty: The UTD...
Commissioner Plummer: I'm not talking to you.
Ms. Dougherty: Sorry.
Commissioner Plummer: Thank you. I pay him. I don't want to have to pay you
also.
Ms. Dougherty: OK.
Commissioner Plummer: What is being requested of us here, am I to assume, is
legal. I heard the other question brought up that maybe a special exception
is the route that should have been gone. Is this route that's being requested
legal and does the Commission have the authority to do such?
164 October 22, 1992
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Mr. Joel Maxwell (Assistant City Attorney): The question before you is
whether or not the use of the UTD Towers for the purposes set forth tonight
constitute a valid accessory use. If it is a valid accessory uses then the
Commission can make that determination and rule in favor of the union. If you
find that it is not a valid accessory use, then you rule the other way. What
can happen tonight is that you can make a determination that it is not a valid
accessory use and then instruct them to make an application for a special
exception. That would go through the public hearing process, and if the
special exception were granted, they could continue or resume the use of the
tower for those purposes.
Commissioner Plummer: If in fact both give you the same end results, why
would you choose to go a second bite at the apple, rather than just approving
it this evening?
Mr. Maxwell: Because the special exception...
Commissioner Plummer: What's the difference?
Mr. Maxwell: The special exception process is a totally, totally different
process from the one before you now. What you have now is a quasi-judicial
appeal of a decision, of a decision. If they want to make the use a proper,
and valid, and legal one, they would have to get a special exception. If you
determine... If you determine tonight that it is not an accessory use...
They're two separate and distinct items.
Commissioner Plummer: Are you saying to me that if what we have before us
this evening is approved, it's not a proper and legal...
Mr. Maxwell: No. If you say... If you make a determination... This is a de
novo hearing. If you make a determination based on competent and substantial
evidence presented to you that their use constitutes a valid accessory use,
and you agree, therefore,, with the Zoning Board, then that's a valid decision.
That's a proper decision. But you would have to make that decision based on
this public hearing, and evidence induced therein.
Ms. Dougherty: Mr. Plummer?
Commissioner Plummer: My next question. Am I to understand that the request
before us this evening is for the facility to only be used ten times a year,
and no other? What is it?
Ms. Dougherty: Let me first address the procedural matter, if I could.
Commissioner Plummer: OK.
Ms. Dougherty: We appealed the decision of Joe Genuardi to the Zoning Board.
Commissioner Plummer: OK.
Ms. Dougherty: The Zoning Board agreed with the teachers...
Commissioner Plummer: Right.
165 October 22, 1992
Ms. Dougherty: ...but for the fact that that decision was appealed by the
neighborhood...
Commissioner Plummer: Correct.
Ms. Dougherty: ...that would have been the end of it. We would have gone
home. Our use would have been legal.
Commissioner Plummer: Correct.
Ms. Dougherty: The neighborhood association then appealed that decision to
you...
Commissioner Plummer: That's why we're here tonight.
Ms. Dougherty: ...so you have a new de novo decision based on the evidence
presented to you. And your question was? Excuse me?
Commissioner Plummer: How many times a year...
Ms. Dougherty: No. We have...
Commissioner Plummer: ...is the facility going to be used?
Ms. Dougherty: We would like to use the facility for our union meetings,
those are the meetings that require parking across the street and, therefore,
none of the parking can be... not all of the parking can be held inside our
premises, ten times a year. That's ten days out of 365 days is...
Commissioner Plummer: That's what I just said.
Ms. Dougherty: That's correct, but we will also want to use the facility,
which nobody cares about, because parking can be inside for training sessions,
et cetera, because our folks don't mind.
Commissioner Plummer: OK. My final question - when you have these meetings
of 300, 400 people, is in fact... and I'm not asking of you, because I know
your answer would be... Mr. Genuardi, is the parking that they have in the
church, as well as on -premise, adequate?
Mr. Genuardi: I believe it is as tong as they...
Commissioner Plummer: Thank you.
Mr. Genuardi: ...utilize the parking.
Mayor Suarez: All right. Commissioners? ...actually move this item or are
just saying that to... We have no motion.
Vice Mayor Alonso: Oh, well. Why not? You're waiting for me.
Commissioner Plummer: Everybody wants to go to heaven, but nobody wants to
die.
166 October 22, 1992
•
Mayor Suarez: We need a motion. I'll entertain a motion one way or the
other. Sounds to me like the uses that you have for that facility are
ancillary to the residents dwelling there. In fact, they're quite intertwined
to me, but maybe that's the standard as I see it. So, I have no problem
voting favorably to... Well, what did it come out to be? Would 1t be a
denial of the Zoning Board's determination?
Commissioner Plummer: I'll second your motion.
Mr. Genuardi: It would be a denial of the appeal.
Commissioner Plummer: I'll second your motion, Mr. Mayor.
Mayor Suarez: All right.
Vice Mayor Alonso: Denial of your recommendation... What?
Mr. Rodriguez: Denial of the appeal.
Mr. Genuardi: Denial of the appeal.
Mr. Maxwell: No, no.
Vice Mayor Alonso: What?
Mr. Maxwell: If you want to vote in favor...
Mayor Suarez: Allow the use.
Mr. Maxwell: ...of the union...
Commissioner Plummer: ...denying...
Mr. Maxwell: ...it would be a motion denying the appeal...
Mr. Rodriguez: The appeal.
Mr. Maxwell: ...and affirming the opinion of the Zoning Board.
Commissioner Plummer: Appeal to overthrow the Zoning Board.
Mr. Genuardi: No.
Mr. Rodriguez: The Zoning Board.
Mr. Genuardi: Oh, yeah. The Zoning Board.
Mr. Rodriguez: That's correct.
Vice Mayor Alonso: So, he... Was that a motion? In favor of UTD, and you
second?
Commissioner Plummer: I second the Mayor's motion.
167 October 22, 1992
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Vice Mayor Alonso: OK. Any further comments? Please call the roll.
The following resolution was introduced by Mayor Suarez, who moved its
adoption:
RESOLUTION NO. 92-686
A RESOLUTION DENYING THE APPEALS FROM AND AFFIRMING
THE DECISION OF THE ZONING BOARD TO REVERSE THE APRIL
10, 1992 DECISION OF THE ZONING ADMINISTRATOR BEARING
ZONING INTERPRETATION NO. ZI-92-2, STATING THAT THE
USE OF THE COMMUNITY AND RECREATION BUILDING AT THE
UNITED TEACHERS OF DADE TOWERS BUILDING, LOCATED AT
1809 BRICKELL AVENUE, MIAMI, FLORIDA (THE "PROPERTY")
(MORE PARTICULARLY DESCRIBED HEREIN), FOR UNION
MEETINGS NOT ASSOCIATED DIRECTLY WITH THE APARTMENT
BUILDING OR ITS RESIDENTS, IS NOT PERMITTED AS AN
ACCESSORY USE; ZONED R-4 MULTIFAMILY HIGH -DENSITY
RESIDENTIAL.
(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 TEMPORARILY
DEFERS CONSIDERATION OF PLANNING AND ZONING AGENDA ITEMS
TO CONSIDER A REGULAR NON -AGENDA ITEM.]
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168 October 22, 1992
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26. DISCUSSION CONCERNING REQUEST BY CHARLES GENER, ESQ., AS PERSONAL
COUNSEL TO JUAN GARCIA, TO SPEAK BEFORE THE COMMISSION -- DIRECT MR.
GENER TO GET TOGETHER WITH COMMISSIONER DAWKINS CONCERNING THIS ISSUE,
AND THE POSSIBILITY THAT HE MAY BE HEARD AT THE NEXT COMMISSION MEETING.
Commissioner Dawkins: Mr. Mayor?
Mayor Suarez: Yes, sir.
Commissioner Dawkins: I'd like to get a legal... a little legal advice from
the City Attorney.
Mr. Joel Maxwell (Assistant City Attorney): Yes, sir.
Commissioner Dawkins: Is Mr. Gener, here? Mr. Gener here?
Mr. Charles Gener: Yes.
Commissioner Dawkins: Come down. Mr. Gener came to my office, my fellow
Commissioners, and said that his client, Mr. Garcia, has said that he cannot
be heard. I have never known of this Commission refusing anybody to be heard.
But what I need to know from the City Attorney is, if I ask that Mr. Garcia be
allowed to speak at the City Commission, am I overstepping the boundaries of
the Manager? Because it's the Manager who dismissed him and should whatever
differences they have, go to the Manager, or can he come before the Commission
to discuss his grievance?
Mr. Maxwell: The Manager has been given policy directives by the City
Commission regarding the preparation of the agenda, and the number of items to
place on the agenda and so forth, but the final prerogative as to what... who
speaks before the Commission, and so forth, depends on the action of the City
Commission, and the Mayor who chairs this Commission. So, it's the
prerogative of the chairperson, if you want to rise for personal privilege and
ask for the right of... or request that someone address this Commission who's
not on the agenda, I think the Commission has that right.
Commissioner Dawkins: No, but... No. See, I want this to be done legally.
We don't want to look as if we're running over anything or doing anything
wrong.
Mr. Maxwell: If you are speaking... Are you speaking about someone
addressing an issue that's on the agenda or...
Commissioner Dawkins: No. I'm talking about somebody addressing an issue
that, real or perceived, is that they cannot appear before the Commission.
Mr. Maxwell: Well, it's just like... I would analogize that to pocket items,
Commissioner Dawkins.
169 October 22, 1992
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Commissioner Dawkins: No. No pocket item, but I don't mind scheduling it.
But I don't... No pocket item.
Mr. Maxwell: Yeah. If... I would analogize that to a pocket item. If you
want to ask... If you want to allow someone to address the Commission on an
item that's not on the agenda, then if the Mayor, as the chair, recognizes
that individual, then they should be allowed to address the Commission.
Commissioner Dawkins: OK.
Mr. Charles Gener: Commissioner, if I may...
Commissioner Dawkins: Now... OK.
Mayor Suarez: Wait, sir.
Commissioner Dawkins: Then we... It's proper then, to suggest to the
attorney that I write a letter to the Mayor requesting that this item be
scheduled as a regular Commission discussion item. Is that proper?
Mr. Maxwell: Yes, sir. That's proper. You could do that, but I thought your
question involving...
Commissioner Plummer: The Mayor or the Manager?
Commissioner Dawkins: The Mayor.
Mr. Maxwell: To the Manager to get on the agenda. He prepares the agenda.
Commissioner Plummer: No, the Mayor.
Mayor Suarez: Either way we...
Commissioner Dawkins: It has to be...
Commissioner Plummer: No, the Charter says the Mayor has the last word.
Commissioner Dawkins: Yeah.
Commissioner Plummer: The first word is usually the Manager's.
Commissioner Dawkins: Yeah, it is.
Mr. Maxwell: That's correct. You can verbally ask the Mayor after the agenda
is prepared.
Commissioner Dawkins: Oh, OK.
Mayor Suarez: Sir?
Mr. Gener: May I address the Commission now?
Mayor Suarez: No, no. No, sir. Have a seat. Have a seat. Have a seat,
sir!
170 October 22, 1992
1^lT4 ,
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Commissioner Plummer: Mr. Mayor, let me just address a step further that I'd
like to do, if I may. And this doesn't address you, sir. So, you can have a
seat for a minute.
Mayor Suarez: We have many items on the agenda today. We're going to pursue
those...
Commissioner Plummer: Mr. Mayor...
Mayor Suarez: ...unless any Commissioner asks for an item to be heard.
Commissioner Plummer: We had a policy...
Mayor Suarez: That has happened yet. Yes?
Commissioner Plummer: We had a policy around here that I think that we need
to reconsider and we can address at the next meeting. Any item, other than
the pocket items of Commissioners... Any other item, not on agenda, would be
heard only at the end of the regular agenda, not to inconvenience anyone who
was here on regular agenda items. I think that that needs to be reconsidered.
And that policy needs to be reinstated and let's... (APPLAUSE)
Mayor Suarez: We tried to establish that a few years ago.
Commissioner Plummer: If I may, let's talk about it further at the next
Commission meeting. But I think...
Mayor Suarez: All right.
Commissioner Plummer: I think it's a good policy.
Mayor Suarez: On the item, Commissioner Dawkins, that you mentioned. We do
have a couple of things that you should be aware of in case you don't know
about them. One is, his client, I think through him, has already exerted, or
at least indicated that he's filing a legal claim against the City of Miami.
If that's the intention that he has in coming up to address us..
Commissioner Plummer: Mr. Mayor...
Mayor Suarez: ...this is not... Wait, sir.
Commissioner Plummer: No. May I stop you please? I don't think if we're
going to have any conversation to the issue, I don't think the issue should be
addressed because if you do, then he has chance of a rebuttal.
Vice Mayor Alonso: He has to respond.
Mayor Suarez: No, no. I just want my colleague to know that there's a
pending claim that may or may not be exerted in court. But they've indicated
they're going to court, and so we don't want to handle anything that will
prejudice the City's position. The other issue, of course, has to do with the
client's dismissal and I don't know really what the legality is of a name -
clearing hearing. If he wants to be heard on other matters, I certainly would
not oppose that. All right?
171 October 22, 1992
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Commissioner Dawkins: OK. Then I will schedule it to be heard. I will meet
with you to see what it is that's desired.
Mr. Gener: Wellw if...
Commissioner Dawkins: No, no. Wait, now. I will meet with you to determine
what is desired.
Commissioner Plummer: Well, may I suggest...?
Mr. Gener: It's already been granted.
Commissioner Dawkins: Huh?
Mr. Gener: The Mayor has already granted us a personal appearance before this
Commission by letter dated July 2nd.
Mayor Suarez:
Mr. Gener: A
Mayor Suarez:
Mr. Gener: S
Mayor Suarez:
Mr. Gener: I
No, sir. That's not correct.
11 I'm seeking is a date.
That's not correct and
ir, I have the...
...provide the Commissioner Dawkins...
have the letter right here.
Mayor Suarez: ...all of the correspondence that has taken place on this
issue. All right? And he can request a hearing, and it will be granted. If
you stay within the...
Mr. Gener: We have requested it. That's why I'm here.
Mayor Suarez: All right.
Mr. Gener: Because we have requested 1t since June of this year...
Mayor Suarez: He's not requested for you to be heard today, sir. So, please
have a seat.
Mr. Gener: Well, Mayor, if we cannot request it...
Commissioner Plummer: I don't know that this...
Mayor Suarez: Sir, he's indicating that he's going to request it.
Mr. Gener: ... i n writing and we are ignored, then I must come in front of
this Commission.
Mayor Suarez: And I've indicated that I'm going to accept it.
172 October 22. 1992
Commissioner Dawkins: At the next meeting.
Mayor Suarez: Would you please have a seat?
Commissioner Plummer: Is Juan Garcia not an employee of the...
Mayor Suarez: All right.
Commissioner Dawkins: Go ahead, Plummer. You had something.
Commissioner Plummer: Oh. Let me ask a question of the City Attorney on the
record. Sir, stay here so you hear what I'm having to say. Mr. City
Attorney, if I know anything about the Charter...
Commissioner Dawkins: You should. You've been here long enough.
Commissioner Plummer: ...the individual who is involved here was an employee
of the City as all of our employees are. They are not employees of us, the
Commissioners. They, technically, are employees of the City Manager. 00
Now, the Charter prohibits me from interfering with the decisions on the
matter of employees... in the matters relating by the Manager. It even goes
on, Mr. City Attorney, as I recall, that if I do interfere, that it is a basis
for removal from office. I then ask you, sir, knowing the particulars in this
case - because I don't want him to walk out the door thinking that yes, you're
going to grant - is that matter based on that Charter amendment, legally be
able to be heard before this Commission? - number one. Number two, if we hear
it, can we make a decision or are we just going through an effort...
Commissioner Dawkins: We can't hear it. We can't make any decision.
Commissioner Plummer: ...of futility? And, number three, is it interference
with the authority of the Manager? Sir, I would suggest not to take anybody's
time, that you make those determinations and you report to this Attorney...
and you report to the Commission as to whether or not it's legally before us.
Mayor Suarez: Very good.
Vice Mayor Alonso: Yeah. But I have a question...
Mayor Suarez: Vice Mayor Alonso.
Vice Mayor Alonso: ...that I have to ask because...
Commissioner Plummer: Sure.
Vice Mayor Alonso: ...something has been put on the record and the fact of
the matter is we do hire our own personnel, and we also dismiss them. So, in
fact, even though they work for the City of Miami, we hire and dismiss them.
Commissioner Plummer: Subject to the approval...
Vice Mayor Alonso: Subject to nothing. If it's convenient for me, I hire the
person and if I don't like them, I let them go.
173 October 22, 1992
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Commissioner Plummer: That is a convenience to you. I think the Charter
would say that it's subject to the approval of the Manager.
Mayor Suarez: He certainly has to...
Commissioner Plummer: Here again. I think you've raised a question.
Mayor Suarez: He certainly has to approve the forms. Yeah.
Commissioner Plummer: OK? And I would say to you...
Vice Mayor Alonso: Then if it's a funny looking story... I have never seen
the Manager getting involved in who I hire or dismiss...
Commissioner Plummer: He's a smart mani
Vice Mayor Alonso: ...from my office.
Commissioner Plummer: He is a smart man. I'm asking...
Vice Mayor Alonso: No. It is just a clarification because I want to know if
I've been doing something wrong. And that was explained to me from day one in
the City of Miami and I have seen the same history repeat itself. Each member
of the Commission... this present Commission and prior members of the
Commission.
Mayor Suarez: It's sort of an informal system of courtesy, as far as I
can
tell. But we ought to clarify all of that.
Commissioner Dawkins: It's the courtesy of letting the gentleman have a
say.
That's the courtesy. That's all.
Vice Mayor Alonso: Yes.
Mayor Suarez: Right.
Vice Mayor Alonso: Because all of a sudden, the people work for the
City
Manager? This is a joke.
Commissioner Plummer: Well, it might be a joke...
Commissioner Dawkins: OK. Well, you will be heard at the next meeting.
Mr. Gener: I'm at a loss here. If I could clarify...
Mayor Suarez: Sir, sir, please. Not you, counselor.
Commissioner Dawkins: Don't worry about it, counsel.
Mayor Suarez: If... The Commissioner has indicated that he is going to
have
the item be placed on the agenda for the next meeting.
Commissioner Dawkins: I'll... on the agenda... That's all.
174 October 22, 1992
•
Mayor Suarez:
Just
clarify with him, you
know, the issues related to...
A. Quinn Jones
111,
Esq. (City Attorney):
Well...
Mayor Suarez: ...the lawsuit...
Commissioner Dawkins: So, 1 can, you know...
Mayor Suarez: ...you presumably are going to file, or whatever.
Mr. Gener: Very good, sir.
Commissioner Dawkins: Go right ahead.
Mayor Suarez: All right.
Commissioner Dawkins: Thank you, Mr. Mayor.
Mr. Gener: Thank you, Commissioners.
Mayor Suarez: Very good.
Commissioner Dawkins: Thank you.
----------------------------------------------------------
NOTE: AT THIS POINT, THE CITY COMMISSION RESUMES
C N IDERATION OF ITEMS ON THE PLANNING AND ZONING PORTION
OF THE AGENDA.]
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27. SECOND READING ORDINANCE: AMEND 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 A PRINCIPAL USE PERMITTED ON GROUND FLOOR
FRONTAGE OF PEDESTRIAN -ORIENTED STREETS AND ELSEWHERE IN SD-14, etc.
(Applicant: Planning, Building & Zoning Dept.).
------------------------------------------------------------------------------
Mayor Suarez: On item PZ-20. I know... I'm not taking it up as much as I'd
like to take you out of order. I'm just trying to ascertain how many... And
I really was supposed to be at a meeting at 7:00 p.m.
Commissioner Plummer: Are there any objectors to PZ-20? You're an objector?
Vice Mayor Alonso: Would you clarify...
Commissioner Plummer: Is there... Are there any objectors to PZ-20?
Commissioner Dawkins: What is PZ-20?
175 October 22, 1992
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Mr. Sergio Rodriguez (Assistant City Manager): It's a second...
Commissioner Plummer: I move it, Mr. Mayor.
Commissioner Dawkins: What is PZ-20?
Mr. Rodriguez: It's a second reading.
Commissioner Plummer: It's a clinic on Flagler Street.
Commissioner Dawkins: Hmm?
Commissioner Plummer: Seventy jobs for Little Havana. I move it.
Mr. Rodriguez: Second reading on SD-14.
Commissioner Plummer: And let the record reflect there are no objectors. I
move it.
Mayor Suarez: Moved. Second. Any discussion? If not, please read the...
Commissioner Dawkins: Under discussion. I have...
Mayor Suarez: Yes, Commissioner.
Commissioner Dawkins: I have to...
Mayor Suarez: Abstain?
Commissioner Dawkins: Yeah. Abstain. As I did before for the same reasons.
Commissioner Plummer: Bye-bye.
Mayor Suarez: OK. Read the ordinance, please. Call the roll.
176 October 22, 1992
AN ORDINANCE -
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, 14.19 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.
Passed on its first reading by title at the meeting of September 24,
1992, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, 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 J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
ABSTAINED: Commissioner Miller J. Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11011
Mayor Suarez: I didn't ask if anyone was here in opposition to PZ...
Commissioner Plummer: I did.
Mayor Suarez: You did?
Vice Mayor Alonso: Yes. He did.
Mayor Suarez: All right. Let the record reflect no one stepped forward.
Unidentified Speaker: Thank you, Mayor.
177 October 22, 1992
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Commissioner Plummer: Go away.
--------------- .i-----.-----r..-....r...--- ---------- --------
28. SECOND READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION AT
327-345 N.E. 2ND STREET AND 211 N.E. 3RD STREET FROM G/I GOVERNMENT
INSTITUTIONAL TO CBD CENTRAL BUSINESS DISTRICT (Applicant: Planning,
Building & Zoning Dept.).
------------------------------------------------------------------------------
Mayor Suarez: I know that there is a request for PZ-6. Apparently we've
passed that up a few times, but how about if we try to go through the agenda
very quickly.
Vice Mayor Alonso: OK.
Mayor Suarez: Hopefully, their not too controversial. Or do you want to take
it out of turn?
Vice Mayor Alonso: PZ-1, I move.
Mayor Suarez: It's your prerogative.
Commissioner Plummer: They're all controversial.
Vice Mayor Alonso: No, no. Let's try to take the agenda.
Mayor Suarez: OK. PZ-1, second reading.
Vice Mayor Alonso: I move.
Mayor Suarez: Moved.
Commissioner Plummer: Second.
Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance.
Call the roll.
AN ORDINANCE -
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 SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
178 October 22, 1992
Passed on its first reading by title at the meeting of September 24,
1992, was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor Alonso, seconded by Commissioner Plummer, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11012
Commissioner Plummer: Mr. Mayor?
Mayor Suarez: Yes.
Commissioner Plummer: May I suggest in the future consideration be given that
all items...
Mayor Suarez: ..that are City of Miami... Yeah.
Commissioner Plummer: ...the applicant is the City of Miami be set aside for
one agenda, so that we don't have people sitting here? And I think that if we
do that, there would be nobody really here that would be involved in it. And
let's just go through... I mean, these are in-house items. I don't know
why...
29. SECOND READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION AT
3490 AND 3500 MAIN HIGHWAY FROM R-1 SINGLE FAMILY RESIDENTIAL AND SD-2
COCONUT GROVE CENTRAL COMMERCIAL DISTRICT TO G/I GOVERNMENT
INSTITUTIONAL (Applicant: Planning, Building & Zoning Dept.).
------------------------------------------------------------------------------
Commissioner Plummer: Item 2.
Mayor Suarez: PZ-2. Is anyone in opposition to PZ-2? If so, let him step
forward. Let the record reflect no one did. I'll entertain a motion on PZ-2.
Vice Mayor Alonso: I move it.
Mayor Suarez: So moved.
Commissioner Plummer: Second.
Mayor Suarez: Seconded. Read the ordinance. Call the roll.
179 October 22, 1992
3
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•
•
AN ORDINANCE -
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.
Passed on its first reading by title at the meeting of September 24,
1992, was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor Alonso, seconded by Commissioner Plummer, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11013
30. FIRST READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND USE MAP --
CHANGE LAND USE DESIGNATION AT 229 N.W. 30TH STREET FROM RECREATION TO
MEDIUM DENSITY MULTI -FAMILY RESIDENTIAL (Applicant: Development &
Housing Conservation Dept.).
------------------------------------------------------------------------------
Mayor Suarez: PZ-3.
Vice Mayor Alonso: That was...
Ms. Lourdes Slazyk: For the record...
Vice Mayor Alonso: That was actually...
Ms. Slazyk: OK. Lourdes...
Vice Mayor Alonso: It's very confusing, but it has the number PZ-3.
Mr. Sergio Rodriguez (Assistant City Manager): PZ-3.
180 October 22, 1992
5;
J
Vice Mayor Alonso: But we just did...
Mr. Rodriguez: Pardon? PZ-3 and PZ-4 are related.
Vice Mayor Alonso: Yes.
Mr. Rodriguez: They are first reading...
Mayor Suarez: Three and four are related?
Mr. Rodriguez: Yeah.
Vice Mayor Alonso: Yeah.
Mr. Rodriguez: The one... PZ-3 is a comprehensive plan amendment and PZ-4 is
an atlas amendment. And it's a change of... In the first case, it's a change
from Recreation to Medium Residential in the comp plan, in a property located
at 229 NW 30th Street. It's for the purpose of building houses for a housing
agency. And PZ-4 is a change of zoning from PR to R3, and the recommendation
from the Planning Department is for approval, and the Planning Advisory Board
is for approval in both cases.
Mayor Suarez: All right.
Vice Mayor Alonso: I move.
Mayor Suarez: Let the record reflect that no one stepped forward on PZ-3. So
moved.
Commissioner De Yurre: Second.
Mayor Suarez: Seconded. Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR THE
PROPERTY LOCATED AT 229 NORTHWEST 30TH STREET, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY
CHANGING THE LAND USE DESIGNATION FROM RECREATION TO
MEDIUM DENSITY MULTI FAMILY RESIDENTIAL; 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:
181 October 22, 1992
} On
4
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J.L. Plummer, Jr.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
------------------------------------------------------------------------------
31. FIRST READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION AT 229
N.W. 30TH STREET FROM PR PARKS AND RECREATION TO R-3 MULTIFAMILY MEDIUM
DENSITY RESIDENTIAL (Applicant: Development & Housing Conservation
Dept.) .
Mayor Suarez: PZ-4, related item. I'll entertain a motion on it.
Vice Mayor Alonso: Move it.
Mayor Suarez: Moved. Seconded. Any discussion? If not... Does anyone wish
to be heard on PZ-4? Let the record reflect no one stepped forward. Read the
ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FROM PR PARKS AND RECREATION TO R-3
MULTI FAMILY RESIDENTIAL, FOR THE PROPERTY LOCATED AT
229 NORTHWEST 30TH STREET, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN); AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 21 OF SAID ZONING ATLAS;
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:
182 October 22. 1992
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J.L. Plummer, Jr.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
32. APPROVE MAJOR USE SPECIAL PERMIT, WITH CONDITIONS, FOR JACKSON MEMORIAL
HOSPITAL HIGHLAND PARKING GARAGE, A RETAIL AREA, OFFICE SPACE, PAVED
LANDSCAPED PEDESTRIAN CONCOURSE, AND PROVISION FOR A PEDESTRIAN /
VEHICULAR OVERPASS (OVER BOB HOPE BOULEVARD) TO EXISTING PARKING
STRUCTURE (Applicant: Augusto Maxwell for the Public Health Trust).
Mayor Suarez: PZ-5.
Ms. Katy Carlson: PZ-5 is a resolution approving a Major Use Special Permit
for the Jackson Memorial Hospital Highland Parking Garage consisting of
approximately 511,000 square feet of parking, 32,950 square feet of retail and
85,000 square feet of office space, a paved landscape pedestrian concourse and
provision for a pedestrian/vehicular overpass over Bob Hope Boulevard to an
existing parking structure. The Highland Parking...
Mayor Suarez: Is there anyone opposed to this petition?
Commissioner Plummer: No.
Mayor Suarez: Let the record reflect no one stepped forward.
Commissioner Plummer: Well, the only question is...
Mayor Suarez: Commissioners, do you want to hear more?
Commissioner Plummer: No, the only question that was...
level, is that what it was?
Ms. Carlson: Fifteen.
Commissioner Plummer: Wasn't that part of this?
Mayor Suarez: That was the overpass.
Mr. Sergio Rodriguez (Assistant City Manager): The overpass.
Vice Mayor Alonso: The overpass is what...
was the 16 foot
183
October 22, 1992
40
Mr. Rodriguez: That relates to this.
Ms. Carlson: A Code amendment has been made to that...
A. Quinn Jones 111, Esq. (City Attorney): You did that last meeting.
Ms. Carlson: ...to the City Code to allow that.
Mr. Rodriguez: That was the last meeting that you had. Remember?
Mayor Suarez: Related, but not the same thing.
Commissioner Plummer: This is item 5?
Mr. Rodriguez: And it was approved. And it was to this.
Vice Mayor Alonso: It was approved.
Mr. Rodriguez: And then this is a Major Use Permit to allow the parking
garage, that will be connected by that pedestrian overpass that you approved
before.
Commissioner Plummer: Well, what is the special permit for?
Mr. Rodriguez: Because of the parking garage.
Commissioner Plummer: For a garage?
Mr. Rodriguez: Plus retail and office.
Commissioner Plummer: Well... You know, let me tell you. We've had a
problem with Jackson, that every time they want to build over there, they
build on top of a parking garage and eliminate parking. How many parking
spaces will this have in it?
Mr. Rodriguez: This...
Ms. Carlson: One thousand five hundred and twenty-two.
Commissioner Plummer: How many?
Ms. Carlson: One thousand five hundred and twenty-two.
Mr. Rodriguez: They will bring in.
Commissioner Plummer: Over 1,500, don't you have to go for a special
exception before the board?
Mr. Rodriguez: No.
Ms. Carlson: No.
184 October 22. 1992
t
Commissioner Plummer: OK. Well, that's 1,500 more than they had before, I
guess.
Mr. Rodriguez: All right.
Mayor Suarez: All right.
Commissioner Plummer: You know, it... I don't know if you all have had the
opportunity to read the book that just came out, of the merchants downtown.
Mayor Suarez: Which book?
Commissioner Plummer: Hank Myer. Did you read that report?
Mayor Suarez: That is not an indirect reference to a much publicized book
that's been in the media lately?
Commissioner Plummer: No, no. That's closer to your house.
Mayor Suarez: Just geographically.
Vice Mayor Alonso: I don't even know what he's talking about.
Mayor Suarez: Just geographically.
Commissioner Plummer: Very close to your... No.
Vice Mayor Alonso: Be careful.
Commissioner Plummer: One of the main concerns of the merchants downtown is
the cost of parking. Interesting. Call the roll.
Mayor Suarez: Do we have a motion on the item?
Vice Mayor Alonso: Not exactly, but that means he moved...
Ms. Matty Hirai (City Clerk): No, sir.
Mayor Suarez: I'll entertain a motion on PZ-5.
Vice Mayor Alonso: ...and I second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
185 October 22, 1992
41%
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-687
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE
JACKSON MEMORIAL HOSPITAL PARKING GARAGE MAJOR USE
SPECIAL PERMIT, AT APPROXIMATELY NORTHWEST 18TH STREET
BETWEEN BOB HOPE DRIVE AND NORTHWEST 8TH AVENUE (MORE
PARTICULARLY DESCRIBED HEREIN), PURSUANT TO AN
APPLICATION FOR MAJOR USE SPECIAL PERMIT PROPOSED BY
THE PUBLIC HEALTH TRUST OF DADE COUNTY; APPROVING SAID
MAJOR USE SPECIAL PERMIT AFTER CONSIDERING THE REPORT
AND RECOMMENDATIONS OF THE CITY OF MIAMI PLANNING
ADVISORY BOARD, SUBJECT TO THE CONDITIONS OF
DEVELOPMENT ORDER ATTACHED HERETO AS EXHIBIT "A", THE
APPLICATION FOR DEVELOPMENT APPROVAL INCORPORATED
HEREIN BY REFERENCE; MAKING FINDINGS OF FACT AND
CONCLUSIONS OF LAW; PROVIDING THAT THE DEVELOPMENT
ORDER SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS
IN INTEREST; PROVIDING FOR AN EFFECTIVE DATE;
DIRECTING THE CITY MANAGER TO TAKE ALL ACTIONS
NECESSARY TO FULFILL THE CITY'S OBLIGATIONS UNDER THE
DEVELOPMENT ORDER; AND PROVIDING A SEVERABILITY
CLAUSE.
(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.
186 October 22. 1992
..3ii ii Gi--iw—wiliirwiYia �tif—iw il6 iY 1`Y �Yi—FYI—+i11i-11�fi iY 3----------------------ail-------------------
33. GRANT APPEAL BY JOHN PENA TO REVERSE ZONING BOARD'S DENIAL OF VARIANCE
TO ALLOW A LESSER REAR YARD SETBACK FOR CONVERSION OF EXISTING ACCESSORY
STRUCTURE INTO A SECOND UNIT OF A DUPLEX RESIDENCE AT 3329-3331 N.W.
24TH AVENUE -- WITH PROVISOS (Applicant: Tuto Construction, Inc.)
------------- --w-----------------------------------.---------------------------
Mayor Suarez: PZ-6. That's the one that we had... How many people are here
on this item? Is there anyone in opposition to item PZ-6? And if so, please
step forward.
Commissioner Plummer: Is there anybody here on PZ-6?
Mr. Sergio Rodriguez (Assistant City Manager): Yeah.
Vice Mayor Alonso: Yes.
Commissioner Plummer: Oh, you are. OK.
Mayor Suarez: But you're in favor of it, right? ESTA EN APOYO.
Commissioner Plummer: Is this a case where you caught them doing something
wrong?
Unidentified Speaker: No.
Commissioner Plummer: Hello?
Mr. Rodriguez: There was... They were working without a permit and they went
to the Code Enforcement Board. They were found guilty and... because they
were building illegal units, and because of that they're trying to find a
solution to their problem by asking for a variance. It's on your first page.
It's case number 91-1263 of the Code Enforcement Board.
Commissioner Plummer: Thank you.
Unidentified Speaker: The Zoning Board recommended...
Commissioner Plummer: And how much was their fine?
Mr. Rodriguez: One hundred fifty dollars per day, starting in...
Commissioner Plummer: Have they...
Mr. Rodriguez: ...October 31st.
Commissioner Plummer: Have they paid it?
Mr. Rodriguez: No. Because they're trying to find a remedy.
Commissioner Plummer: Well, it...
187 October 22, 1992
W4°�Lr� r s
Mr. Rodriguez: They don't pay that if they come over here and you release
them from the situation by finding... by applying for a variance, if the
variance is granted.
Commissioner Plummer: And what happens if we don't grant it?
Mr. Rodriguez: They would have to pay... the variance starting date
established by the Code Enforcement Board.
Commissioner Plummer: OK. The thing that bothers me here is... Who's Mr.
Pena?
Mr. John Pena: I am.
Commissioner Plummer: And you're the president of a construction company?
Mr. Pena: Right.
Ms. Matty Hirai (City Clerk): Please speak into the mike.
Commissioner Plummer: And you were doing work without permits?
Mr. Pena: No, sir.
Commissioner Plummer: You didn't know better?
Mr. Pena: This property I purchased in 1985.
Commissioner Plummer: Has he been sworn in yet, Madam Clerk?
Mayor Suarez: No, I didn't know if we were going to have any testimony,
because I didn't know if you would ask anything. So, please swear them in.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Commissioner Plummer: Did he or did he not?
Mr. Pena: I do.
Commissioner Plummer: Did he have a permit or he did he not?
Mr. Rodriguez: No.
Mr. Pena: There seems to be...
Commissioner Plummer: He did not. OK.
Mr. Pena: There seems to be a misunderstanding here. I tried to explain...
Commissioner Plummer: It seems on your part, according to them, but go ahead.
Mr. Pena: I purchased this duplex in 1985. I never touched... Nobody ever
found me with anything. This came up in a letter saying that the variance was
188 October 22, 1992
Mr. Rodriguez: They don't pay that if they come over here and you release
them from the situation by finding... by applying for a variance, if the
variance is granted.
Commissioner Plummer: And what happens if we don't grant it?
Mr. Rodriguez: They would have to pay... the variance starting date
established by the Code Enforcement Board.
Commissioner Plummer: OK. The thing that bothers me here is... Who's Mr.
Pena?
Mr. John Pena: I am.
Commissioner Plummer: And you're the president of a construction company?
Mr. Pena: Right.
Ms. Matty Hirai (City Clerk): Please speak into the mike.
Commissioner Plummer: And you were doing work without permits?
Mr. Pena: No, sir.
Commissioner Plummer: You didn't know better?
Mr. Pena: This property I purchased in 1985.
Commissioner Plummer: Has he been sworn in yet, Madam Clerk?
Mayor Suarez: No, I didn't know if we were going to have any testimony,
because I didn't know if you would ask anything. So, please swear them in.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Commissioner Plummer: Did he or did he not?
Mr. Pena: I do.
Commissioner Plummer: Did he have a permit or he did he not?
Mr. Rodriguez: No.
Mr. Pena: There seems to be...
Commissioner Plummer: He did not. OK.
Mr. Pena: There seems to be a misunderstanding here. I tried to explain...
Commissioner Plummer: It seems on your part, according to them, but go ahead.
Mr. Pena: I purchased this duplex in 1985. I never touched... Nobody ever
found me with anything. This came up in a letter saying that the variance was
188 October 22, 1992
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wrong, but there was never anybody called... doing anything. This was
built...
Vice Mayor Alonso: Before.
Mr. Pena: This property was built in 1939, I believe.
Mr. Antonio 5acerio: May I say something?
Mr. Pena: So, I don't know what they mean by catching somebody doing
something that never happened.
Vice Mayor Alonso: Yeah. We'd better have a clarification on the record from
the staff, whether in fact you found these people working without a permit,
and doing the construction...
Mr. Pena: No.
Vice Mayor Alonso: ...or if it in fact was built many, many years ago.
Mr. Rodriguez: Well...
Commissioner Plummer: But he's been found guilty...
Mr. Pena: Excuse me.
Commissioner Plummer: ...at the Code Enforcement. What criteria did they use
to say that he built without a permit?
Mr. Pena: The Code Enforcement...
Commissioner Plummer: No. Excuse me, sir.
Mr. Pena: Excuse me. I'm sorry.
Commissioner Plummer: Let me ask Code Enforcement...
Vice Mayor Alonso: And was he present at the time?
Commissioner Plummer: ...as useless as they are, what their findings were.
Mr. Rodriguez: Let me get you the files... a second.
Commissioner Plummer: I'm assuming that Code Enforcement says that he did do
it, and he's saying he didn't do it.
Mr. Pena: No, it's...
Mr. Rodriguez: The Code Enforcement...
Commissioner Plummer: Is that a logical conclusion?
Mr. Rodriguez: Yeah. The conclusion of the Code Enforcement would be that
they found an illegal use over there that was done without a permit. Whether
189 October 22, 1992
he himself did it, or somebody else did it, the fact remains that there was an
illegal unit built.
Commissioner Plummer: But if he didn't create the violation, how can you
punish him for it?
Mr. Pena: Yes, exactly.
Mr. Rodriguez: Because he's responsible when he buys a property... through
the people that do the research for him... That's why you pay mortgage
insurance, among other things, for people to do the research on your property
to make sure you are in compliance.
Vice Mayor Alonso: Well, let me tell you something. They don't check for
that. They don't tell you that you have...
Mr. Pena: Yeah.
Vice Mayor Alonso: ...an illegal construction. And I have yet to see the
first case where they informed an owner, "This is an illegal structure on your
property... on the one you're going to purchase." I have yet to see that.
Mr. Sacerio: Excuse me, for the record...
Commissioner Dawkins: Or if they...
Vice Mayor Alonso: And maybe here we have attorneys and can say... have you
ever seen one case that you have seen a closing when the title company comes
and says there is an illegal structure? I have never seen one. I don't think
they do it. They don't check this.
Commissioner Dawkins: They wouldn't come. They wouldn't tell you, "This is
illegal. Don't purchase it."
Vice Mayor Alonso: Unless there is a record on file of a lien or a violation.
Other than that...
Commissioner Dawkins: Somebody make a motion so we can get out of here.
Vice Mayor Alonso: ...they don't notify the people.
Commissioner Dawkins: Somebody make a motion.
Mr. Rodriguez: All right. But let me get you the staff that was involved in
this directly, because I couldn't... you know, I'm reading to you from the
record. I don't know exactly myself.
Vice Mayor Alonso: Yeah. Well, I know...
Commissioner Plummer: Well, who was?
Vice Mayor Alonso: ...but I would need the clarification on the record of
the...
190 October 22, 1992
Commissioner Plummer: Who was directly involved?
Mr. Rodriguez: Mr. Gonzalez will address this.
Commissioner Plummer: That will be fine, sir.
Mr. Juan Gonzalez: Mr. Mayor, Commissioner, my name is Juan Gonzalez,
Planning, Building $ Zoning Code Enforcement. Going back to specific
questions to the Commissioners and the Mayor, basically the answer is even
though the property owner did not construct the structure... Let's say it was
built there without a permit. Unfortunately, what happens is, if there's a
complaint, or if the enforcement officer catches the person doing something
illegally, such as building without a permit... Unfortunately, the way the
law reads is the present owner is responsible to legalize that structure. In
this particular case, if my memory serves me correct, what happens here...
They're trying to legalize something that yes, was an old structure, but they
converted it into another unit, which does not meet the zoning code by the
setbacks and the actual working on the second unit without a permit.
They're... What they're trying to do right now is trying to legalize the
setbacks, trying to legalize several zoning requirements, so they can go back
to the board, say, "We comply," and mitigate a fine so they can be released of
the lien or whatever is running against them in the Code Enforcement. But the
direct answer to your questions is yes. Under the law, and under our
authority, we do go after buildings without permits, even though it was not
constructed by the present owner.
Vice Mayor Alonso: Yeah. We know that. What we are trying to establish is
was... we caught the man building this structure, or he purchased the
property? Just clarification we want. We know he is responsible. It's his
property, but it's also important to us to know whether he did this or not,
especially the question that Commissioner Plummer posed. You own a
construction company, you should know better than that... to build a
structure without a permit.
Mr. Gonzalez: That is correct, Commissioner.
Mr. Sacerio: Excuse me. For the record, may I say something, please? Mr.
Mayor, Commissioners, my name is...
Mayor Suarez: Things are going your way, possibly, as indicated by my
colleague here on the right. So, I don't know that you want to...
Mr. Sacerio: Yes.
Mayor Suarez: ...add to much, unless you...
Mr. Sacerio: OK. My name is Antonio Sacerio...
Mayor Suarez: I guess you do.
Mr. Sacerio: ...with offices at 215 SW 17th Avenue. I've been commissioned
by Mr. Pena. He commissioned our architectural office to do some research on
this property and find out when this addition was built. We went to the City
records and we did some research that dates back to 1939. This property was
built, as you can see - Exhibit number one - with a dimension of 12 by 20.
191 October 22, 1992
Mayor Suarez: You're getting ready to be an attorney now here.
Vice Mayor Alonso: Oh► Wait a second. Then it's grandfather.
Commissioner Plummer: It's not shown on there.
Mr. Sacerio: An extension was made for 20 feet more over the past - who
knows? - ten, fifteen, twenty years. Somebody complained that the property
was being used as a second unit. The zoning permits the use as a second
unit... He has paid all the taxes as a result of this complaint.
Mr. Gonzalez: Um-hmm.
Mr. Sacerio: The property is legal. What we are trying to do is legalize the
setback. Somebody built it. He didn't do it.
Commissioner Plummer: The property's not legal.
Mr. Gonzalez: No.
Mr. Sacerio: Because of the fact that he owned a construction company and he
purchased the property using his construction company corporation, doesn't
mean that he built the addition. The addition was there.
Commissioner Plummer: Nobody said he did.
Mr. Sacerio: He purchased the property as a result of the foreclosure. He
is... in real estate. He found this bargain and he purchased the property
about eight years ago. The property was there. Nothing has been done. As
you can see on the record, where it says Exhibit "B," that property was built
back in 1939.
Mr. Gonzalez: Right.
Mr. Sacerio: We have a copy of the survey... new survey, indicating that the
property has been enlarged by 20 feet more.
Mr. Gonzalez: OK. May I make some corrections to Mr. Sacerio's comments?
Number one - yes, the zoning is R-2 and he can legally convert to a duplex.
However, it is incorrect. It is not legal what he has done. No...
Commissioner Plummer: Well, he's damaging his own case as I read here. He's
saying that according to this here, this structure shown on here as structure
"B" is a garage.
Mr. Gonzalez: Exactly. When the... See, again, we go back to years... A
building might have been constructed many years ago...
Commissioner Plummer: Sir, did you see this is a paper that you gave out...
Mr. Sacerio: Yes, sir.
Mr. Pena: Back in 19...
192 October 22, 1992
1�
µ
Commissioner Plummer: ...that it's a garage.
Mr. Sacerio: Back 1n 1939 it was used as a garage.
Commissioner Plummer: But even that...
Mr. Sacerio: But because of the...
Commissioner Plummer: Even that...
Mr. Gonzalez: You see, the violation itself is that garage has currently been
converted to a second unit.
Commissioner Plummer: What date is that?
Mr. Gonzalez: They're trying to legalize this as a second unit by obtaining a
variance from those setbacks.
Commissioner Plummer: Where the hell's the date?
Vice Mayor Alonso: Mr. Gonzalez, is this a duplex?
Commissioner Plummer: Thirty-nine.
Mr. Gonzalez: It is a duplex zoned lot. Yes, it is.
Vice Mayor Alonso: They have two lots.
Mr. Gonzalez: They have two lots, but remember it sometimes... even though
the law allows you to build one unit for every 2,500 square feet in an R-2...
in other words, if you have more than 7,500, go for a special exception. In
this particular case, even though it's two lots, we look at the use on the
actual property, which allows only a duplex. And they have to legally
convert. Even though they are allowed two units, they must legally convert
that second unit, which was never done. It was built as a garage - the rear
structure.
Vice Mayor Alonso: If this man were to tear down this property, he would be
allowed to build two houses.
Mr. Gonzalez: At least, yes.
Vice Mayor Alonso: At least.
Mr. Gonzalez: Correct.
Vice Mayor Alonso: Maybe more.
Mr. Gonzalez: It, perhaps... If he has, depending on the size of his lot...
If it's more than 7,500 square feet, with a special exception...
Vice Mayor Alonso: Maybe the third unit.
193 October 22, 1992
Mr. Gonzalez: The third unit. Correct.
Vice Mayor Alonso: So, what we are saying is we are having problems for him
having two legal units, but if he tears down the property, he might end up
with three units.
Mr. Gonzalez: Well, it depends on the size of his lot, but basically...
Vice Mayor Alonso: Exactly. But there is a strong possibility, by the size I
have in front of me...
Mr. Gonzalez: By law he's allowed two.
Vice Mayor Alonso: By law he's allowed two.
Mr. Gonzalez: That's correct.
Mr. Sacerio: The only thing in question here is the enlargement of the
existing unit that was built back in 1939.
Mr. Gonzalez: He's talking about the garage. When...
Vice Mayor Alonso: If, in fact, it was built in 1939...
Mr. Gonzalez: The garage.
Vice Mayor Alonso: ...also, he's grandfathered.
Mr. Gonzalez: Well, it was built...
Vice Mayor Alonso: I have problems with how the Code Enforcement handled this
case. Were you present at the time?
Mr. Pena: No, I had no idea. This came along in a letter. I had...
Vice Mayor Alonso: You were not present at the time of Code Enforcement?
Mr. Pena: No. That's... No.
Mr. Rodriguez: He was sent...
Vice Mayor Alonso: That's the problem. That's why you lost your opportunity.
Mr. Rodriguez: He was sent notification, by the way.
Mr. Pena: That's why...
Vice Mayor Alonso: You were not present.
Mr. Rodriguez: He was...
Mr. Joel Maxwell (Assistant City Attorney): I'm sure he was noticed.
194 October 22, 1992
11
ti1sp
t
Mr. Rodriguez: He was noticed and this case was in 1991. It's not a recent
case.
Vice Mayor Alonso: But it's been going on for a long, long time.
Mr. Rodriguez: And they have been getting notifications, and so on. I mean,
this is not...
Mr. Sacerio: Excuse me. May I say something for the record, please?
Mr. Rodriguez: Right.
Mr. Sacerio: One of the main reasons that he has been notified on more than
one occasion, and it has taken so long, is because Mrs. Teresita Fernandez
requested a corporate resolution. And, due to the fact that the corporation
was built so many years ago, he has misplaced those papers. And once he found
the papers, we re -filed the case and that's why we are here.
Commissioner Plummer: When was this...
Mr. Rodriguez: Yeah. But the point that we're making is that we advised you
several times, that this is not new to you. That was the point we were
making.
Commissioner Plummer: When was this first heard before the Code Enforcement
Board?
Mr. Rodriguez: The last hearing date was September...
Commissioner Plummer: No. First hearing date.
Mr. Rodriguez: I'm sorry. Let me see.
Commissioner Plummer: When was the first hearing date?
Vice Mayor Alonso: Was this case brought to us because of a complaint?
Commissioner Plummer: That's what he just said.
Mr. Maxwell: No, sir. This one...
Vice Mayor Alonso: It's just that nobody came.
Mr. Sacerio: It was a complaint.
Mr. Pena: No. There was no complaint. He's got...
Mr. Maxwell: This one, like the last one...
Mr. Pena: There was a...
Mr. Maxwell: ...is an appeal of a decision of the Zoning Board.
Mr. Pena: There was a...
195 October 22, 1992
Mr. Gonzalez: The actual Case was heard September 25, 1991.
Vice Mayor Alonso: It came originally as a complaint.
Mr. Pena: There was a shed there. Really...
Commissioner Plummer: Excuse me.
Mr. Pena: That might have been the reason.
Commissioner Plummer: Excuse me. You're telling me that this matter has laid
around this City for one... longer than one year, without resolution.
Mr. Rodriguez: Because legally we cannot bring it before you unless we have
the information that... of the corporate resolution, because otherwise you
will not be able to know whether you can vote on this or not. And we have
been after them for all this time in trying to get them to comply, yes.
Commissioner Plummer: For one year, this matter has laid dormant, nothing has
happened. I'm telling you the million dollars a year we spent for Code
Enforcement is the biggest waste of money around here yet.
Mr. Gonzalez: Commissioner, always remember...
Mr. Rodriguez: You can do something about it now with this case.
Mr. Gonzalez: It's their responsibility to do something, not the Code
Enforcement.
Commissioner Plummer: Sir...
Mr. Gonzalez: We took it to court. They found them guilty.
Mr. Sacerio: We would like to say something, for the record.
Commissioner Plummer: Sir, let me tell you something...
Vice Mayor Alonso: Just one minute.
Commissioner Plummer: We have gone in great detail from $20,000,000 worth of
liens, to $40,000,000 worth of liens, and people are still out there... Not
you. Don't take this personally. ...laughing at you. They're laughing at
you. Let the lien build up, and let it build up, and they're not complying.
You call this code enforcement? There is no enforcement when you have
$40,000,000 worth of liens. Am I correct in $40,000,000?
Mr. Rodriguez: I'm not sure about the amount, but let me try to correct
something for the record.
Commissioner Plummer: But wait a minute. Excuse me. Somebody over there,
with all of this high-priced help, should know.
Mr. Rodriguez: We...
196 October 22, 1992
f _-
4
Mr. Gonzalez: Commissioner, no. The amount is more like $50,OOO,OOO.
Commissioner Plummer: Fifty?
Mr. Gonzalez: Right.
Vice Mayor Alonso: Hat
Mr. Gonzalez: However, let me just, for the record, say that the...
Commissioner Plummer: Tell the Manager we know how to make budget. All
right?
Mr. Rodriguez: But you... But...
Commissioner Plummer: Fifty million dollars worth of jokes.
Mr. Rodriguez: One more time, let me try to remind you of the purpose of Code
Enforcement, which is to try to get enforcement of the Code. And we have
1,100 cases every month in which we receive complaints. We get 60 percent
compliance before we go to the Code Enforcement...
Commissioner Plummer: And $50,000,000 in liens that thumb their nose at you.
Mr. Rodriguez: ...and 30 percent of the... Thirty percent then go before the
Code Enforcement Board and get compliance before we go there, and the
remainder of that, which are cases in which we continue accruing the fines...
That's what you're referring to.
Vice Mayor Alonso: OK. Let's...
Commissioner Plummer: Sir, it's a joke.
Vice Mayor Alonso: OK. Let's go back to PZ-6 and...
Mr. Sacerio: Ms. Mayor, may I say something please?
Vice Mayor Alonso: Yes.
Mr. Sacerio: We complied because of the fact that when we...
Vice Mayor Alonso: Speak on the mike, please.
Mr. Sacerio: We complied because of the fact that when we received the
letter, one of the first things that we did was to convert that into a duplex.
As you can see, it's an R-2 zone. The duplex is permitted. By paying all the
taxes, we were indicating that we were trying to comply. The only thing that
we have pending now is whether or not we are allowed to have this duplex with
the minimum rear setback adjustment. It has been a change in the zoning
regulation, about four years ago, in which the zoning setback was ten feet...
Vice Mayor Alonso: Yes.
r 197 October 22, 1992
i t'
3
Mr. Sacerio: ...and it has been enlarged to 20. You see, all the land has
been created. We can do nothing more.
Commissioner Plummer! Yeah. But you're only five feet, sir.
Mr. Sacerio: It has been there before.
Commissioner Plummer: Wait... But even at that...
Mr. Sacerio: OEJAME HABLAR, POR FAVOR.
Commissioner Plummer: ...you were not in compliance, is what I am trying to
say. So, don't try to say that you're coming here with clean hands, because
even prior, when it was a ten foot setback, you were five.
Mr. Sacerio: But...
Vice Mayor Alonso: That's right, but what he's trying to say is that...
Commissioner Plummer: I understand.
Vice Mayor Alonso: ...it was built in 1939.
Mr. Sacerio: It was built in 1939.
Mr. Gonzalez: Well...
Commissioner Plummer: Yeah.
Mr. Sacerio: He didn't know anything about it.
Vice Mayor Alonso: Prior to zoning...
Commissioner Plummer: But you didn't even comply at that time. Whoever built
it. Not you, you weren't there.
Mr. Pena: Yeah.
Vice Mayor Alonso: We didn't have the regulations that we have today...
Commissioner Plummer: What was the basis, if you know, of the complaint that
was registered that brought this to the light?
Mr. Gonzalez: Probably illegal units. That's basically... most of the times
what the complaints where...
Commissioner Plummer: Legal units?
Mr. Gonzalez: Illegal units, yes.
Commissioner Plummer: Illegal units.
Mr. Gonzalez: Illegal units. That is correct.
198 October 22, 1992
s
Commissioner Plummer: Out there... That's not really the case here.
Mr. Gonzalez: Oh, yes, it is. Because keep in mind, even though it's an 1R-2
lot, and he is allowed a duplex, technically that second unit was never
legalized. Currently, at this moment, he is not paying taxes on that second
unit for the simple...
Vice Mayor Alonso: Oh, well he's been saying that they are paying taxes.
Mr. Gonzalez: No...
Mr. Pena: It says... the duplex... that I've been paying taxes.
Mr. Gonzalez: No, I'm sorry. What they're doing right now is, until they get
a building permit for that second unit...
Vice Mayor Alonso: May I see that paper?
Commissioner Plummer: Sure.
Mr. Gonzalez: ...this is why they're in front of you today... when they came
in for the plans processing through our Building & Zoning Department, they
probably could not get approval for the simple reason that the current
setbacks of the building does not meet the Code.
Commissioner Plummer: Is a second family living there?
Mr. Gonzalez: I believe, yes.
Commissioner De Yurre: Let me ask...
Mr. Pena: Always has been. Sure.
Commissioner De Yurre: Let me ask a couple of questions here.
Mr. Pena: Even when I bought it.
Commissioner De Yurre: How many years has that property been in that
condition?
Mr. Pena: It's two units, two bedrooms, one bathroom.
Mr. Sacerio: 1939.
Commissioner De Yurre: 1939?
Mr. Pena: Yeah.
Commissioner De Yurre: And when did you buy it?
Mr. Pena: 185.
Commissioner De Yurre: 185. So, for seven years...
199
October 22, 1992
Mr. Pena: There's been two families..* always been...
Commissioner De Yurre: But you haven't paid taxes on the full property.
Mr. Pena: Well, whatever taxes it comes up with... Yeah, whatever it showed.
Commissioner De Yurre: OK. No, no. I just want to know for the record.
Mr. Pena: Yeah.
Commissioner De Yurre: Are you willing...
Mr. Pena: Sure.
Commissioner De Yurre: ...to pay back taxes, since you've enjoyed the
property all along?
Vice Mayor Alonso: The difference is to make it a duplex.
Commissioner De Yurre: Well, you know... It's a... You know... If the
zoning is proper, if it has been built according to Code, even though it
wasn't built with a permit. OK? So, we're trying to say... We're trying to
give you what you want, but you've got to give us what's coming to the City.
So, if we're talking about... we will allow you to keep it the way it is,
reassess the value of the property, the difference going back to 185 when you
bought it... You owe us that money. You bring yourself current, then we've
got ourselves a deal.
Mr. Gonzalez: Commissioner, for your information...
Commissioner Plummer: How do you determine that?
Mr. Gonzalez: ...once he gets a building permit to convert legally to a
second unit, automatically the Dade County Tax Assessor gets a copy of that
permit. So, his property will be reassessed for that second unit.
Commissioner Plummer: You're not... That's not...
Commissioner De Yurre: OK. What I'm saying is...
Commissioner Plummer: You're not listening.
Vice Mayor Alonso: That's not what he's saying.
Commissioner De Yurre: ...once we figure that difference...
Commissioner Plummer: He's saying retroactive.
Commissioner De Yurre: Once we figure the difference...
Mr. Gonzalez: Um-hmm.
Commissioner De Yurre: ...we'll go back to 185 and he'll pay us for those
seven years...
200 October 2?, 1992
Commissioner Plummer: Well...
Commissioner De Yurre: ...the difference.
Mr. Sacerio: What you're saying, Commissioner... Excuse me. You said...
Commissioner Plummer: Is the second unit a...
Vice Mayor Alonso: Just a minute.
Commissioner Plummer: ...meet the minimum square requirement?
Mr. Pena: Wait a minute. Wait a minute.
Vice Mayor Alonso: We cannot all talk at the same time.
Mr. Gonzalez: Yes, sir. That's one of the requirements. He has to meet at
least 550, and I believe when they checked that with the addition he actually
built on it, it does meet the minimum livability requirements for a second
unit.
Vice Mayor Alonso: Yes. You were going to say?
Mr. Sacerio: No. Excuse me. I lost track of what I was going to say.
Vice Mayor Alonso: That's OK.
Commissioner De Yurre: OK. Well, that's my motion.
Vice Mayor Alonso: All right.
Commissioner Plummer: Well, hey! Move it subject to.
Vice Mayor Alonso: All right. Just a minute. Let's check if what we're
doing meets all the legalities around here. And if not, can we place some
sort of a fine?
Commissioner Plummer: Isn't this a variance?
Vice Mayor Alonso: Tell us how to do it. You know exactly what Commissioner
De Yurre wants.
Mr. Maxwell: All the discussion...
Vice Mayor Alonso: Tell us how to do it.
Mr. Maxwell: All the discussions about the Code Enforcement Board are
important, and the violations there are important, but that's not the issue
before you tonight. They requested a variance, after being caught with an
illegal structure. They are... They inquired, or requested, of the City
permission to build within the setback.
Commissioner Plummer: Well, look at it...
201 October 22, 1992
Mr. Maxwell: That variance was heard by the Zoning Board and the Zoning Board
denied the request. This is a... As before, this is a de novo appeal of the
Zoning Board's action to you. What happened at the Code Enforcement Board is
totally irrelevant. It's immaterial. Whether they paid their taxes or not is
immaterial. What...
Commissioner Plummer: I don't think it's immaterial at all.
Mr. Maxwell: You are bound in making this decision... Follow me on this.
You are bound in making this decision by Section 1903 of the Zoning Code. It
sets forth the criteria for a variance. Quite recently, the Third District
Court of Appeal reversed the decision of this Commission, because we did not
follow that procedure. Just months ago. My legal advice to you would be that
you follow and restrict your decision solely to the criteria set forth in
1903.1, and I'll be happy to read that for you. "One, it says a written
petition for a variance, once submitted to the proper City official, must
demonstrate all of the following: 1) special conditions and circumstances
exist which are peculiar to the land, structure and building involved, and
which are riot applicable to other lands, structures or buildings in the same
zoning district."
Vice Mayor Alonso: I...
Mr. Rodriguez: I think... Joel...
Vice Mayor Alonso: Mr. Maxwell, I don't really want to interrupt you, but I
believe that this Commission understands all that you are going to be reading
to us. All we are trying to accomplish is give this gentleman the opportunity
to have the second unit on basis that we feel is fair to the rest of the
taxpayers...
Commissioner Dawkins: And he volunteered to pay the back taxes. He said...
He volunteered.
Vice Mayor Alonso: ...in the City of Miami.
Mr. Maxwell: And I understand... I understand...
Mr. Rodriguez: I think the...
Vice Mayor Alonso: If we have...
with that, we will do so.
Mr. Rodriguez: Put a condition.
Excuse me. If we have a way of complying
Vice Mayor Alonso: The other option that he might have...
Mr. Rodriguez: ...condition.
Vice Mayor Alonso: ...is to pay the fine, since 1991; lose the unit that he
has. I don't think that's...
Commissioner Plummer: If he pays the fine...
202 October 22, 1992
f
Vice Mayor Alonso: ...very pleasant.
Commissioner Plummer: If we deny him tonight, he owes the City $54,750.
Vice Mayor Alonso: Meaning he lost the property, probably,
k
u
Mr. Pena: Yeah. That doesn't make any sense.
Mr. Maxwell: Those are conditions that you can place on there in addition
to
!
making these... because you're modifying...
1
Commissioner Plummer: No, no. That's not a condition.
Vice Mayor Alonso: No.
Commissioner Plummer: That's the Code Enforcement is a $150 a day, and
I'm
only figuring it on 365 days and it has been more than that, but if he's
denied... Am I correct? If he is denied here tonight, you will expect
to
,j
collect $54,750.
!j
Mr. Gonzalez: Well, if he's...
ai
Vice Mayor Alonso: Yes. So, let's see if we can find a...
Commissioner De Yurre: So...
Mr. Gonzalez: If he's denied, is there an affidavit of noncompliance,
the
=l
lien continues to run on the property.
ij
Commissioner De Yurre: OK. Hey, guys, let's...
a�
Commissioner Plummer: When do you ever collect?
Commissioner De Yurre: Why don't we wrap this up, guys?
Vice Mayor Alonso: Yes. Commissioner...
Mr. Gonzalez: We collect at the moment he sells the property.
Mr. Rodriguez: ...they can finish. That's what they're asking.
Commissioner Plummer: You don't even try to collect it prior to that?
Mr. Maxwell: You can put conditions.
i
t
Mr. Gonzalez: We have...
Mr. Rodriguez: That's what they're asking.
_
Mr. Maxwell: Yes. That's what I was saying before. In addition...
Vice Mayor Alonso: Yeah. Commissioner De Yurre...
203 October 22, 1992
MM
Mr. Maxwell: In addition to finding the things that I was trying...
Mr. Pena: What?
Mr. Maxwell: ...to enumerate here, you can place additional conditions on it.
Vice Mayor Alonso: Additional conditions. OK.
Commissioner Plummer: He should volunteer also.
Vice Mayor Alonso: Yes. Commissioner De Yurre?
Commissioner De Yurre: OK. You volunteer then to pay the back taxes...
Commissioner Plummer: Code Enforcement is totally a waste of money.
Commissioner De Yurre: ...on the difference?
Mr. Pena: Definitely. Sure, because...
Commissioner De Yurre: OK. Definitely.
Mr. Sacerio: Excuse me...
Mr. Pena: Because of the fact that I never knew...
Commissioner Plummer: They don't even try to collect. They wait for the
house is sold.
Commissioner Dawkins: What would the back taxes be?
Commissioner De Yurre: OK. Now that you know... It's the fair thing to do.
Commissioner Dawkins: J.L., what would the back taxes be?
Mr. Pena: I plead my ignorance to the fact. Sure.
Vice Mayor Alonso: He doesn't know.
Commissioner Plummer: Huh?
Commissioner Dawkins: What were the back taxes?
Commissioner De Yurre: OK. So it's a fair thing to do.
Commissioner Dawkins: What would the back taxes be?
Commissioner Plummer: I don't know you would judge that.
Commissioner De Yurre: He agrees to pay the difference once it's determined,
back to the period that he became the owner, 185.
Mr. Pena: Sure...
204
October 22, 1992
}
YA
i
A
Mr. Sacerio: Excuse me, Commissioner. With all due respect...
Commissioner Plummer: Twenty-five thousand's all right.
a
Commissioner Dawkins: Huh?
Commissioner Plummer: Twenty-five thousand is all right.
;
Mr. Sacerio: Don't you think it would be fair if...
Vice Mayor Alonso: The mike.
Mr. Sacerio: Don't you think it would be fair if he paid half...
Commissioner Plummer: Hey! Here's the alternative.
Mr. Sacerio: ...instead of paying since 1985, because he bought the property
like that.
>I
Commissioner Plummer: Is that fined?
�!
Vice Mayor Alonso: Never mind that. The property has an illegal unit.
That's why you're here today...
Mr. Pena: Yeah. I'll pay the difference.
1
Vice Mayor Alonso: ...trying to comply.
Commissioner De Yurre: OK. He'll pay the difference.
:.
Mr. Pena: Yeah. Because...
Commissioner De Yurre: He's volunteering pay to a the difference. So, based on
that...
Vice Mayor Alonso: Mr. Maxwell, are you listening?
Commissioner De Yurre: ...I move that we approve the...
Commissioner Dawkins: Wait a minute. Let's let the City Attorney...
tVice
Mayor Alonso: Let's... Please.
Commissioner Dawkins: Let's let the City Attorney hear what we're doing,
please.
'#
Vice Mayor Alonso: Let them hear what...
Commissioner Dawkins: Go ahead.
Vice Mayor Alonso: Mr. Maxwell...
1
Commissioner De Yurre: The owner is volunteering to pay the difference on the
taxes, once it's determined what the difference is, going to back to when he
became the owner.
t
205 October 22, 1992
_
Commissioner Plummer: What are you paying presently, sir, a year, right now?
Mr. Pena: 1 don't know. 1 didn't know it was going to get to that. 1 have
no idea.
Commissioner Plummer: You don't know what you pay taxes on your house?
Mr. Pena: Well, not at this time.
Commissioner Plummer: Approximately?
Commissioner Dawkins: He has more than one piece of property. He's not like
you.
Mr. Pena: One... No.
Commissioner Dawkins: Only one piece of property.
Mr. Pena: I'm just guessing that it should be probably about $1,200 a year -
I would be guessing - on the duplex.
Commissioner Plummer: Twelve hundred a year? Are you talking about a house
that's worth twenty-five, thirty thousand dollars?
Mr. Pena: That's about what that's worth.
Commissioner De Yurre: No, you got taxed...
Mr. Pena: Maybe...
Commissioner Dawkins: You don't know how... You don't know what it looks
like.
Commissioner Plummer: Wait, wait.
Mr. Pena: About $40,000.
Commissioner Plummer: Excuse me. How much?
Mr. Pena: It's a 1939.
Commissioner Plummer: And how much did you pay for the house?
Mr. Pena: Twenty-five thousand in 185.
Commissioner Plummer: Five years ago?
Mr. Pena: Five years. In 185.
Commissioner Plummer: And now you have fines of $54,000 and you're going to
collect that fine when he sells the house, right?
Commissioner Dawkins: When he dies. When he dies.
206 October 22, 1992
Mr. Pena: That's why I...
Commissioner De Yurre: And when I die...
Commissioner Plummer: The house is not worth $54,000.
Mr. Pena: That's...
Commissioner De Yurre: OK.
Commissioner Dawkins: That's right.
Commissioner Plummer: Then what do you do? Do you put him in jail?
Commissioner Dawkins: You negotiate down and let him down with just like he's
trying to do now.
Commissioner Plummer: What a farces
Commissioner Dawkins: If you go before the court, Commission...
Mr. Maxwell: ...a deficiency judgement.
Vice Mayor Alonso: OK. Let's try to get to an end on this issue.
Commissioner Plummer: Huh?
Commissioner De Yurre: That's my motion.
Mr. Maxwell: You try to get a deficiency judgment.
Commissioner Plummer: The house isn't even worth it.
Commissioner Dawkins: He made it. What's your motion?
Commissioner De Yurre: The motion is to approve the structure, legalize it...
Vice Mayor Alonso: Yes.
Commissioner De Yurre: ...and, again, with the understanding that he's
volunteering to pay the difference...
Mr. Maxwell: No.
Commissioner De Yurre: ...in the back taxes back to 185.
Mr. Maxwell: No, the motion should be to reverse the decision of the Zoning
Board...
Commissioner De Yurre: OK. Well...
Mr. Maxwell: ...and grant the variance with the condition that they...
207 October 22. 1992
�4
C
wi
77
}
Vice Mayor Alonso: pay back taxes.
Commissioner De Yurre: That they pay the back taxes that they're volunteering
to pay.
Commissioner Dawkins: That they volunteer the back taxes.
Mr. Maxwell: Whatever the amount was.
Vice Mayor Alonso: Volunteer to pay back taxes.
Mr. Rodriguez: Subject to the approval of the Law Department.
Commissioner De Yurre: All right. So moved.
Commissioner Dawkins: That's...
Vice Mayor Alonso: OK. We have a motion. Do we have a second?
Commissioner Dawkins: That's the legal way to do it, Joel?
Mr. Maxwell: That's correct.
Commissioner Dawkins: I second that.
Commissioner De Yurre: OK. That's it.
Vice Mayor Alonso: OK. We have a motion...
Commissioner Plummer: Wait. Well, wait a minute. Let's go clear the record
here.
Vice Mayor Alonso: All right.
Mr. Maxwell: Yeah. They...
Commissioner Plummer: Are you saying... Well, this is for his benefit. Are
you saying that he pays the back taxes to when he purchased it, or back to
'39?
Commissioner Dawkins: When he purchased it.
Vice Mayor Alonso: No, when he purchased it.
Commissioner Plummer: Since he purchased it.
Commissioner Dawkins: Yeah, he purchased it.
Commissioner Plummer: I'm asking. You'd better clear the record. You know
how these bureaucrats are over here?
Mr. Maxwell: Also, he should pay that as a condition precedent to obtaining
any additional permits or necessary permits from the City.
208 October 22, 1992
_A
y
Mr. Rodriguez: Required permits.
Vice Mayor Alonso: OK.
Commissioner Dawkins: OK.
Vice Mayor Alonso: With all of those provisions, we have a motion and a
second. Please call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-688
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 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, R-2 TWO FAMILY RESIDENTIAL,
PERMITTED PRINCIPAL USES, TO ALLOW A REAR YARD SETBACK
OF 5'-5" (20'-0" REQUIRED) FOR THE CONVERSION OF AN
EXISTING ACCESSORY STRUCTURE INTO A SECOND UNIT OF A
DUPLEX RESIDENCE FOR THE PROPERTY LOCATED AT 3329-3331
NORTHWEST 24TH AVENUE, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN), ZONED R-2 TWO FAMILY
RESIDENTIAL, SUBJECT TO THE CONDITION THAT THE
APPLICANT PAY THE CITY OF MIAMI THE DIFFERENCE BETWEEN
THE TAX PAYMENT DUE FOR THE PROPERTY AS A DUPLEX
RESIDENCE AND THE TAX PAYMENT DUE FOR THE PROPERTY AS
A SINGLE FAMILY RESIDENCE, FROM THE DATE THAT THE
APPLICANT BOUGHT THE PROPERTY AND THAT THE APPLICANT
OBTAIN ANY AND ALL NECESSARY PERMITS FOR THE PROPERTY,
SUBJECT TO THE APPROVAL OF THE LAW DEPARTMENT OF THE
CITY, SAID VARIANCE HAVING A TIME LIMITATION OF TWELVE
MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
NOES: None.
ABSENT: Mayor Xavier L. Suarez
COMMENTS MADE DURING ROLL CALL:
209 October 22, 1992
Commissioner Plummer: I think you're a big loser. I really do. I think
you're going to really regret tonight walking out that door thinking you're a
winner. I'm going to vote yes.
Mr. Pena: No, I...
Commissioner Plummer: I'm going to vote yes, but I think you lost.
Mr. Pena: Let me...
----------------------------------------------------------
ENO�TE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY
TABLES CONSIDERATION OF PLANNING AND ZONING AGENDA ITEMS
TO CONSIDER ITEMS FROM THE REGULAR PORTION OF THE AGENDA.]
----------------------------------------------------------
34. (A) (Continued Discussion) RECONSIDER PRIOR DISCUSSION, WHICH HAD BEEN
TABLED EARLIER IN MEETING, IN CONNECTION WITH PROPOSAL RECEIVED FROM A
GROUP OF EXISTING DINNER KEY BOAT YARD TENANTS TO MANAGE AND OPERATE THE
FACILITY (See label 15).
(B) DIRECT ADMINISTRATION TO AMEND RFP RECEIVED CONCERNING MANAGEMENT AND
OPERATION OF DINNER KEY BOAT YARD TO INVITE MINORITY APPLICANTS.
Commissioner Dawkins: Madam Vice Mayor?
Vice Mayor Alonso: Yes.
Commissioner Dawkins: I'd like to reconsider four - item 4.
Vice Mayor Alonso: Four? Item...
Commissioner Plummer: Item 4 or PZ-4?
Commissioner Dawkins: Item 4, Lucia Dougherty's pet project.
Vice Mayor Alonso: OK.
Unidentified Speaker: Thank you.
Vice Mayor Alonso: Motion for reconsideration PZ-4.
Commissioner Plummer: Which item?
Vice Mayor Alonso: PZ-4.
Commissioner Plummer: What is it?
Commissioner Dawkins: No, no. Regular 4.
Vice Mayor Alonso: Regular 4? OK.
210 October 22, 1992
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Commissioner Plummer: Morales?
Commissioner Dawkins: No.
Ms. Lucia Dougherty: No. The boat yard.
Commissioner Dawkins: No, PZ-7.
Vice Mayor Alonso: What do you mean the boat yard?
Commissioner Dawkins: PZ-7.
Vice Mayor Alonso: Seven.
Ms. Dougherty: No. PZ-7?
Commissioner Plummer: My item 4 is...
Commissioner Dawkins: Seven. PZ... I mean, item 7. I'm sorry.
Commissioner Plummer: Ah, seven.
Vice Mayor Alonso: OK. Item 7.
Commissioner Plummer: OK.
Commissioner Dawkins: OK.
Vice Mayor Alonso: He moved. Do you second?
Commissioner Dawkins: Do you second?
Commissioner Plummer: Well...
Commissioner Dawkins: I want to reconsider.
Commissioner Plummer: Excuse me. I moved with certain conditions this
morning.
Commissioner Dawkins: Yeah. No. We've got to reconsider first.
Vice Mayor Alonso: Right. He wants to reconsider.
Commissioner Plummer: What?
Commissioner Dawkins: We've got to reconsider.
Commissioner Plummer: Oh. Oh, yeah. I'll second the reconsideration.
Vice Mayor Alonso: OK.
Commissioner Dawkins: Cali the roll.
211 October 22, 1992
Vice Mayor Alonso: Call the roll, please.
Commissioner Plummer: Seeing as now that you've seen the light.
The following motion was introduced by Commissioner Dawkins, who moved
Its adoption:
MOTION NO. 92-689
A MOTION TO RECONSIDER PRIOR VOTE (MOTION 92-680)
WHICH HAD TABLED CONSIDERATION OF PROPOSALS RECEIVED
FOR THE OPERATION AND MANAGEMENT OF DINNER KEY BOAT
YARD TO THE COMMISSION MEETING SCHEDULED FOR NOVEMBER
12, 1992, IN ORDER TO FACILITATE PARTICIPATION BY
INTERESTED MINORITIES.
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
NOES: None.
ABSENT: Mayor Xavier L. Suarez
Commissioner Dawkins: OK. All right. Since we are going to put out an RFP
(Request for Proposal), I'm going to move the item with the understanding that
the RFP must be seen by each Commissioner prior to putting out...
A. Quinn Jones III, Esq. (City Attorney): Commissioner...
Commissioner Dawkins: ..and that if it does not...
Commissioner Plummer: You have to approve it.
Mr. Jones: It's already out. i
Commissioner Dawkins: ...include minority participation - by that I mean
minority ownership. I don't mean just participation. ;
Mr. Jones: Commissioner...
Vice Mayor Alonso: Excuse me. Do we have to approve...
Mr. Jones: I don't mean to interrupt you, but an RFP has already been issued.
Responses are due November...
Commissioner Dawkins: All right. The only way... Well, the only way I'll
move it is if you...
212 October 22. 1992
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Mr, Jones: January now.
Commissioner Dawkins: ...pull the RFP back and let us look at it and reissue
it.
Commissioner Plummer: Huh?
Commissioner Dawkins: Yes. Yes. I mean, there is no minority participation.
Mr. Jones: Well, you're going to have to scrap it then. You can't pull it
back.
Vice Mayor Alonso: You have to start all over again.
Commissioner Dawkins: Well, scrap it then. Scrap it.
Commissioner Plummer: Well, wait a minute. How do you know if they've not
been received...
Ms. Matty Hirai (City Clerk): You don't mean seven. You mean... Lucia it's
not regular seven, it's PZ-7.
Commissioner Plummer: ...that there is no minority participation?
Commissioner Dawkins: Because I don't know any of my friends who applied for
it. Do you need another answer?
Commissioner Plummer: Not like that one, I don't.
Commissioner Dawkins: OK. Then, thank you.
Mr. Jones: Well, you need a formal vote on it if that's the will of the
Commission. You need to pass...
Commissioner Plummer: A formal vote on what?
Vice Mayor Alonso: On what? We don't even have a motion and a second.
Mr. Jones: On what he indicated about pulling...
Commissioner Dawkins: That's right.
Mr. Jones: ...pulling the...
Commissioner Plummer: Well, that's not under... That is not the issue up for
reconsideration right now.
Commissioner Dawkins: No. It's not.
Commissioner Plummer: Item 7 is up for reconsideration.
Commissioner Dawkins: That's right.
213 October 22, 1992
C
Commissioner Plummer: After we address that, he may or may not bring up the
other one.
Vice Mayor Alonso: We are already in item 7.
Commissioner Plummer: Correct.
Commissioner Dawkins: Yeah.
Vice Mayor Alonso: It's back...
Ms. Hirai: True.
Vice Mayor Alonso: It's back to us.
Commissioner Dawkins: Yeah. We...
Vice Mayor Alonso: Now, we have to make a decision. What do we want?
Commissioner Dawkins: OK.
Vice Mayor Alonso: Are you going to move that we start all over again with
the RFP?
Commissioner Plummer: Excuse me. I will reinstate my motion of this morning.
Vice Mayor Alonso: Just a minute, Commissioner Plummer. I believe
Commissioner Dawkins...
Commissioner Dawkins: I yield to Plummer.
Vice Mayor Alonso: ...was making a statement.
Commissioner Dawkins: I yield to Plummer. Let the senior citizen go.
Ms. Dougherty: And we agree to the conditions.
Commissioner Plummer: I move my motion of this morning. Do you need it to be
reread into the record, or not?
Commissioner Dawkins: Yes.
Ms. Dougherty: No.
Commissioner Plummer: Yes.
Commissioner Dawkins: You make it.
Commissioner Plummer: Number one, they will pay a monthly minimum rental of
$13,000 and ten percent of gross over $50,000. They must clean the property
within ten days. They must satisfy the insurance requirement of the City of
Miami. They must pass a background check that there are no skeletons in their
closets that would come back and embarrass this Commission. And finally, 30
days recall on the management agreement, but we would have to honor the 90
days on the rental agreements, and that is my motion.
214 October 22, 1992
r,
1
1
ti
Commissioner
Dawkins: All right.
I'd like to amend the motion with one
thing.
Commissioner
Plummer: You know it's
going to pass now.
Commissioner
Dawkins: That since the
hurricane has come...
'r
Commissioner
Plummer: ...why. It's
going to pass...
Commissioner
Dawkins: ...since the
federal government through FEMA (Federal
Emergency Management Agency) will be
paying...
Commissioner
P1 umner: OK.
Commissioner
Dawkins: ...for some
of the repairs, that the present RFP be
4 "
pulled and another RFP be let.
Commissioner
Plummer: Well, excuse
me. Before you do that, can we call the
roll on this
item?
Commissioner Dawkins: I was trying to amend yours to include all of this. I
want to do it all at one time.
Commissioner Plummer: Oh, I'm sorry.
Vice Mayor Alonso: He's amending your motion.
Commissioner Dawkins: I'd like to do it all at one time.
Commissioner Plummer: OK. Let me tell you...
Commissioner Dawkins: I've been here a long time.
Commissioner Plummer: ...where I have a problem there, Miller.
Commissioner Dawkins: That's what I know. I knew you'd have a problem with
that. That's why I want it all to go at one time.
Commissioner Plummer: OK. Well, let me tell you why I have a problem.
Commissioner Dawkins: OK. No problem.
Commissioner Plummer: If you will, please. People spend a lot of money to
make a bid on an RFP and if somebody... I can remember the last time that
RFPs went out on Merrill Stevens, or that piece of property, it was contended
that each bidder spent $100,000 to prepare their bids. Now, I think in the
Interest of fairness, of those... Do we know how many people have picked up
bids? Yeah. That's right. Do you remember the man that was here at the last
Commission meeting that...
Commissioner Dawkins: You know...
Commissioner Plummer: ...when they were going to pull the RFP?
215 October 22, 1992
wa:
Commissioner Dawkins: I don't have any problems with anybody who comes before
the Commission. I have a problem with every time we let a piece of waterfront
property no women, no Latins...
Commissioner Plummer: Can't we amend the RFP in the middle of the process?
Commissioner Dawkins: ...and no blacks share in the money that comes from
that lease of back...
Commissioner Plummer: Well, but I mean, we can do that?
Commissioner Dawkins: ...of valuable waterside property.
Commissioner Plummer: Excuse me, Miller. I think we've found an answer.
Commissioner Dawkins: Huh?
Commissioner Plummer: I think we can amend the RFP by merely advertising the
amendment to all bidders and accomplish what you want to accomplish.
Commissioner Dawkins: If that can... If that can be accomplished, I don't
have a problem with it.
Commissioner Plummer: OK?
Commissioner Dawkins: But I do...
Commissioner Plummer: Can that be...
Commissioner Dawkins: Like I said...
Mr. Jones: You could do it at the pre -bid conference, really.
Commissioner Plummer: All right. Then, fine. Let's do what he wants.
Mr. Jones: I don't think they've had a pre -bid conference.
Commissioner Dawkins: OK. Do whatever we have to do.
Commissioner Plummer: I just don't want somebody coming in here screaming at
me, "I spent $100,000 and now you're throwing it out." Which happened at the
last...
Vice Mayor Alonso: Now, we need a third motion, because we have one here...
Commissioner Dawkins: Well, he should have known, if he spent $100,000 to get
a black with him, and then bring the black with him and his $100,000, and he
wouldn't have had any problem with me. I mean, he should have understood
that.
Commissioner Plummer: Jesse McCrary doesn't even know how to water-ski.
Commissioner Dawkins: Yes, he does. Jesse McCrary knows how to fix boats.
216 October 22, 1992
Vice Mayor Alonso: Good for him. OK. Now...
Commissioner Dawkins: OK.
Vice Mayor Alonso: We have... Would you...
{ Commissioner Dawkins: I second his motion.
Vice Mayor Alonso: You second his motion...
Commissioner Dawkins: Yes, ma'am.
Vice Mayor Alonso: ...with the...
Commissioner Plummer: With the amendment...
Vice Mayor Alonso: ...amendment.
Commissioner Plummer: ...that that be amended. Yes.
Vice Mayor Alonso: OK.
Commissioner Plummer: That the RFP be amended.
Vice Mayor Alonso: So, we have a... Al right. We have a motion and a
second. Any further comments?
Commissioner Dawkins: Now, is the... Will the date be suspended? Because,
you see, I've got to go find some black people, and some Cuban... Latin
people, and some other ladies to sit down...
Mr. Jones: Yeah.
Commissioner Dawkins: ...and prepare a bid to put in. You see, we're
operating now... equal now.
Mr. Jones: Commissioner, you extended it at the last Commission meeting for
an additional two months. I think the...
Commissioner Dawkins: Two months?
Mr. Jones: The date the proposals were due were November 19th, I think.
Somewhere... January. No, I'm saying originally.
Commissioner Dawkins: January?
Mr. Jones: Yes. To January.
7
Iq ;
Commissioner Dawkins: All right. That's all right. I'll extend it again
next month. That's no problem. And I do... And we have to have three bids,
right?
Commissioner Plummer: Or a referendum.
217 October 22, 1992
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Commissioner Dawkins: Or a referendum.
Mr. Jones: Or go to referendum.
Vice Mayor Alonso: Yes,
Commissioner Dawkins: OK.
Commissioner Plummer: And they must demonstrate a fair and adequate return to
the City.
Mr. Jones: ...return to the City.
Commissioner Dawkins: Ohl
Vice Mayor Alonso: OK.
Commissioner Dawkins: And who determines if the return is fair and adequate?
Commissioner Plummer: The auditors that we choose.
Commissioner Dawkins: Auditors or the...
Commissioner Plummer: And we. And us.
Commissioner Dawkins: We determine. OK. All right. No further questions,
Madam Vice Mayor.
Vice Mayor Alonso: OK. So we have a motion and a second. Please call the
roll. [INAUDIBLE QUESTION] Yes, he did.
Commissioner Dawkins: Yeah. I've seconded the motion. Yes.
218 October 22, 1992
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The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-690
A RESOLUTION MAKING A FINDING OF A VALID PUBLIC
EMERGENCY AS IT RELATES TO THE NEED FOR MANAGEMENT
SERVICES FOR THE CITY -OWNED PROPERTY KNOWN AS THE
DINNER KEY BOAT YARD, LOCATED AT 2640 SOUTH BAYSHORE
DRIVE, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, AND SUBJECT TO
CONDITIONS STIPULATED HEREIN, WITH BOATS YARD
MANAGEMENT COMPANY, INC., FOR THE MANAGEMENT,
MAINTENANCE AND OPERATION OF SAID BOAT YARD ON AN
EMERGENCY INTERIM BASIS; FURTHER DIRECTING THE
ADMINISTRATION TO AMEND THE EXISTING REQUEST FOR
PROPOSALS (RFP) FOR THE UNIFIED DEVELOPMENT PROJECT
FOR SAID FACILITY TO INCLUDE MINORITY OWNERSHIP AS A
REQUIREMENT OF PROSPECTIVE DEVELOPMENT TEAMS.
(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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
NOES: None.
ABSENT: Commissioner Victor De Yurre
Mayor Xavier L. Suarez
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Would you please make sure that you notify Mr. Bailey
immediately so that I can go tomorrow morning and watch him jump out of the
Dupont Building? I vote yes. He is. He's going to jump.
COMMENTS MADE AFTER ROLL CALL:
Ms. Dougherty: Thank you very much.
Commissioner Dawkins: Thank... OK.
Vice Mayor Alonso: Let me take out of order PZ-15.
Commissioner Dawkins: Fifteen?
Vice Mayor Alonso: Yes. Fifteen and sixteen.
219 October 22, 1992
CoMissioner Dawkins: What is 15?
Vice Mayor Alonso: We have people of the area...
Commissioner Dawkins: Fifteen...
Vice Mayor Alonso: ...of the northeast area...
Commissioner Dawkins: OK.
Vice Mayor Alonso: ...that they have to leave. PZ-15.
Commissioner Dawkins: Move it. It's been approved by the Staff and the...
I...
Mr. Joel Maxwell (Assistant City Attorney): Which one?
Vice Mayor Alonso: OK. We have a motion...
Mr. Sergio Rodriguez (Assistant City Manager): It has been... Yeah.
Ms. Dougherty: Mr... No, no.
Commissioner Dawkins: I...
Commissioner Plummer: Now, hold on. I know you've got an objector at one, is
there anybody else...
Vice Mayor Alonso: OK. Any...
Commissioner Plummer: ...that wants to speak in opposition?
Mr. Maxwell: Which items?
Vice Mayor Alonso: All right. Would you swear them in, please?
Mr. Rodriguez: Fifteen and sixteen.
Commissioner Dawkins: We've got one opposition? Who's in opposition?
Vice Mayor Alonso: Yes.
Commissioner Plummer: I know Lucia is.
Vice Mayor Alonso: Yes, she is.
Commissioner Dawkins: That's OK. That's all right.
Vice Mayor Alonso: Would you swear them in?
Commissioner Plummer: Are there other people in opposition?
Mr. Maxwell: Madam Vice Mayor, I hate...
220 October 22, 1992
¢ 'r1
Vice Mayor Alonso: If you're going to speak... all of them... I beg your
pardon?
Mr. Maxwell: Madam Vice Mayor, I hate to interrupt you. Can we go back just
one second on item 7? I indicated to you earlier, you needed to make... and
there's been no finding put in the record that this is an emergency situation,
and the action that you're taking is for that purpose. I want it to be
perfectly clear in the record that...
Commissioner Plummer: I said it earlier in the day...
Vice Mayor Alonso: Yes.
Commissioner Plummer: ...and I repeated that it is definitely an emergency
situation created by Andrew, and the lack of other good space available.
Mr. Maxwell: I'm sorry. Thank you. I wanted to do that.
Vice Mayor Alonso: Yes. Item 7, all the remarks... OK. So we are back.
----------------------------------------------------------
[NO�TE: AT THIS POINT, THE CITY COMMISSION RESUMES
CONSIDERATION OF ITEMS ON THE PLANNING AND ZONING PORTION
OF THE AGENDA.]
----------------------------------------------------------
-------------------------------------------------------------------------------
35. FIRST READING ORDINANCE: AMEND 11000 TEXT: ARTICLE 6 (SPECIAL
DISTRICTS) SECTION 609 SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT --
TO CLARIFY INTENT AND LIMIT / PROHIBIT CERTAIN PERMITTED PRINCIPAL AND
ACCESSORY USES AND STRUCTURES, CONDITIONAL PRINCIPAL AND ACCESSORY
PERMITTED USES AND PROPOSED SIGN LIMITATIONS (Applicant: Planning,
Building & Zoning Dept.).
------------------------------------------------------------------------------
Vice Mayor Alonso: PZ-15. Would you swear them in, please?
Ms. Hirai: Would you raise your right hand, please?
Vice Mayor Alonso: If you are going to testify, please...
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Commissioner Plummer: Well, excuse me. Before we get into this in any big
way, my understanding is that the objector is solely here asking to be allowed
to remain as they have been prior. Is that correct?
Ms. Lucia Dougherty: Yes, sir.
Commissioner Plummer: Am I correct there?
Vice Mayor Alonso: OK. Let's hear...
221 October 22, 1992
Commissioner Plummer: Now, do the people that are here that are in favor of
it have a serious opposition to them remaining as they are? Because this is
a... as I see it, an area study.
Vice Mayor Alonso: That's the problem.
Commissioner Plummer: OK.
Vice Mayor Alonso: OK. So, let's hear from the opposition.
Mr. Sergio Rodriguez (Assistant City Manager): But let me understand this.
They have a present use at this point in operation?
Commissioner Plummer: They're grandfathered.
Mr. Rodriguez: So, they're grandfathered.
Commissioner Plummer: Right.
Mr. Rodriguez: Unless they want to demolish, or unless the use is stopped for
more than six months.
Commissioner Plummer: Or 50 percent destroyed. So, they're legally there
now.
Mr. Rodriguez: So, even if this were to be approved, that condition will
stay, unless they're looking for some relief for the future completely.
Commissioner Plummer: No, what I was trying to do, Sergio, if these people
had no objection - the people that are proposing this - hey, we could bring
this to a quick conclusion.
Mr. Rodriguez: I know, but regardless...
Commissioner Plummer: OK?
Mr. Rodriguez: ...what I'm trying...
Commissioner Plummer: But they're not. They're... OK.
Mr. Rodriguez: Even if they object, and you were to... If you were to grant
this tonight, which is, I believe, supported by the people from the area, and
you were to prohibit certain uses in the future, whomever is there will be
grandfathered, unless the person wants to expand the property, or if the
property is destroyed and they want to replace it for more than...
Commissioner Plummer: I fully understand that, but that was not what I was
trying to accomplish.
Vice Mayor Alonso: So, it makes no difference. That's what you are trying to
establish.
Mr. Rodriguez: It makes no... That's what I'm trying to say.
222 October 22, 1992
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Commissioner Plummer! They're legal?
Vice Mayor Alonso: Regardless of what happens here tonight, they're legal if
the use remains as such.
Mr. Rodriguez: Then this might be a different situation, because... Is this
8000 Biscayne Boulevard?
Ms. Dougherty: Yes.
Mr. Rodriguez: Then this is a different situation, because the use will not
be permitted in the future, and they don't have a legal use right now.
Vice Mayor Alonso: OK. So, let's hear...
Commissioner Plummer: Well, how have they been allowed to exist if they're
not legal?
Mr. Rodriguez: You want us to go into the record now?
Ms. Dougherty: The use is not illegal.
Commissioner Plummer: Is this another one of those super-duper Code
Enforcement deals?
Mr. Rodriguez: No. Well...
Ms. Dougherty: Excuse me, Mr. Plummer. The use is not illegal. They just
iimplyave not pulled a Certificate of Use for that particular use. The use
legal.
Commissioner Plummer: Well, that's a good point. Let's ask here.
Mr. Joe Genuardi: The...
Commissioner Plummer: Mr. City Attorney?
Mr. Joel Maxwell (Assistant City Attorney): A nonconforming use is not
predicated on pulling a Certificate of Use. It's the actual use of the
property that makes it nonconforming. So, if...
Ms. Dougherty: That's good. That's great on the record.
Mr. Maxwell: In order for it to be a nonconforming use, the use would have
had to, in fact, have taken place continuously prior to being made illegal by
the Zoning Ordinance.
Commissioner Plummer: So, are you backing up what she says, or are you
disagreeing with what she says?
Mr. Maxwell: No, I agree... I'll agree to the extent that she says that they
have not pulled... the fact that they didn't pull a Certificate of Use makes
it illegal. That does not make it an illegal use. They just have to comply
by pulling a Certificate of Use and meeting requirements for that.
223 October 22, 1992
•
Vice Mayor Alonso: So, since they don't have a Certificate of Use, it's...
Mr. Maxwell: If that is the only problem. I don't know that that's the only
problem.
Mr. Genuardi: May I just say a few things?
Vice Mayor Alonso: Yes.
Mr. Genuardi: This was an ACLF (Adult Congregate Living Facility) which was
approved in 1981, and it's been operating as such over the years, and being
renewed. This past year, just recently, we've received complaints and we
found a lot of Code violations in the building. Plus we found that HRS (Human
Rehabilitation Services) had taken away their certification, so they cannot
operate as an ACLF, because they don't have HRS Certification, which is one of
the requirements. So, they are... Right now, they cannot operate as an ACLF
and they haven't had the certification for over a year, so they have... They
would have to start the process all over again with a special exception.
Mr. Rodriguez: So, in other words, they are not legally established as a use
they are now.
Mr. Maxwell: That's not the Certificate of Use that Ms. Dougherty spoke
about. Two different things.
Commissioner Plummer: But... All right. Then, answer this question. What are they presently zoned? By their present zoning what are they allowed to
do?
Mr. Genuardi: They are zoned C-1 right now, which is restricted commercial,
and they can have a lot of uses - retail, offices, CBRFs (Community Based
Residential Facilities) are permitted with special exception...
Commissioner Plummer: But is the structure one that enhances for commercial,
or for apartments?
Mr. Genuardi: Excuse me. Is the structure...
Commissioner Plummer: The structure that is presently there. Is it like an
office building?
Mr. Genuardi: No, it's a residential...
Commissioner Plummer: I haven't seen the building.
Mr. Genuardi: It's a residential facility.
Commissioner Plummer: It's like an apartment house?
Mr. Genuardi: Yes.
Commissioner Plummer: In a commercial zone.
224 October 22, 1992
Mr. denuardi: Nd, it's a C-1, which permits...
Ms. Dougherty: It was originally built as a hotel in 157.
Mr. Genuardi: C-1 permits residential.
Ms. Dougherty: This was built as a hotel.
Commissioner Plummer: C-1 permits residential.
Mr. Genuardi: It's the same as multifamily...
Commissioner Plummer: And they're asking...
Vice Mayor Alonso: She's saying it's like a hotel. It was originally built
as a hotel.
Ms. Dougherty: It was built in 157 as a hotel.
Mr. Rodriguez: It was a hotel.
Commissioner Dawkins: What item are we on?
Mr. Miguel Seco: If I may...
Vice Mayor Alonso: PZ-15.
Commissioner Dawkins: Fifteen.
Vice Mayor Alonso: Yes.
Mr. Seco: If I may, before we get derailed into a discussion that wouldn't
be...
Commissioner Plummer: Who are you, sir?
Mr. Seco: My name is Miguel Seco.
Commissioner Plummer: And who do you work for?
Mr. Seco: Bayside Residents Association.
Commissioner Plummer: OK. And who asked you to come to the microphone?
Vice Mayor Alonso: He's a member of...
Mr. Seco: I'm sorry?
Commissioner Plummer: Who asked you to come to the microphone?
Vice Mayor Alonso: Well, I don't know why Mr. Genuardi moved, to begin with.
I guess he was trying to clarify...
225 October 22, 1992
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Commissioner Plummer: I was talking with my staff, and I just wondered if you
just went to work for the City and I didn't know.
Mr. Rodriguez: No, he doesn't.
Commissioner Dawkins: OK.
Commissioner Plummer: OK. What I'm asking is, they're asking to be allowed,
as I understand it, to continue as a rooming house.
Commissioner Dawkins: Wait.
Commissioner Plummer: Is that correct?
Commissioner Dawkins: You know, I'm at a loss.
Mr. Genuardi: They would have to apply and...
Commissioner Dawkins: Wait a minute. Hold it.
Vice Mayor Alonso: One...
Commissioner Plummer: OK.
Commissioner Dawkins: This PZ-15 says, "Biscayne Boulevard from approximately
N.E. 36th Street to N.E. 87th Street."
Commissioner Plummer: Yeah.
Commissioner Dawkins: Now, how did we get to "a" building? I mean...
Commissioner Plummer: Because this is an area study.
Commissioner Dawkins: Beg your pardon?
Commissioner Plummer: It's an area study, and it downgrades their zoning.
Vice Mayor Alonso: Yes. And they objected and they have the opportunity to
present their case.
Mr. Rodriguez: Maybe if we allow the staff to make a presentation to explain
to you what is allowed and not allowed, you'd get an idea of why this might be
an issue.
Vice Mayor Alonso: Yes. I think this is getting so complicated.
Commissioner Plummer: OK. Sure.
Vice Mayor Alonso: We need this. Yes.
Commissioner Dawkins: OK. The building that they are speaking of is located
at what number on Biscayne Boulevard?
Ms. Dougherty: Eightieth...
226 October 22, 1992
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Mr. Rodriguez: Eight thousand Biscayne.
Commissioner Plummer: Eight thousand.
Commissioner Dawkins: Eight thousand?
Mr. Rodriguez: Yeah. Eighty and Biscayne.
Ms. Dougherty: It's at 80th and Biscayne.
Commissioner Dawkins: Eighth and Biscayne.
Commissioner Dawkins: Eightieth.
Vice Mayor Alonso: Eighty.
Mr. Rodriguez: Eighty.
Commissioner Dawkins: Eightieth Street.
Vice Mayor Alonso: Yes.
Commissioner Plummer: Eight zero.
Vice Mayor Alonso: Eight zero. Yes.
Mr. Genuardi: Well, at the present time...
Vice Mayor Alonso: OK. Mr. Genuardi.
Mr. Genuardi: At the present time, the property is zoned C-1, restricted
commercial. As a C-1 restricted commercial, you can have residential
multifamily. You can have office buildings. You can have retail. You may
have service establishments. And then there are special accessory... special
conditional uses with special permits, like a CBRF where they... where a
special exception, and a rooming house with a special exception, and other
convalescent homes, and other clinics, and things like that. So, with the
overlay now, it prohibits certain types of uses, and I think I'll let Ana go
into that.
Ms. Ana Gelabert: OK. We're doing two things with... My name is Ana...
Commissioner Plummer: Name and who you...
Vice Mayor Alonso: Would you state your name for the record?
Ms. Gelabert: ...Ana Gelabert, and I'm with the Planning Department. What we
are proposing, there are two things. The first, we are extending the SD-9
boundaries from 36th up to 87th Avenue to City limits. Presently, if you see
the transparency, the... It's hard to see on the transparency, but the
pink... the one that is below, is a proposed SD-9. The middle portion is
existing SD-9 today. There's a mid -portion, high over on... close to the
79th Street Causeway, which again... Right there. ...which is new, the
227 October 22, 1992
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proposed SD-9, and then up to 87th which is existing. So, what we're trying
to do is.., The overlay would go all the way from 36 to 87. This would mean
to add more restrictions to the existing SD-9. The principal uses that would
not be permitted are the following: foster homes, group homes, hotels,
residence hotels, motels, tourist homes, single -room occupancy facilities, and
any other transitory residential use that is generally not evidenced by a
leasehold transaction, coin laundry operations, pool halls. The conditional
principal uses in C-1 district only: commercial parking lots would only be
allowed by special exception, automotive service stations and car wash
facilities only by special exception, and commercial retail establishments
operating from the hours of midnight to six a.m. only by special exception.
Commissioner Plummer: You're saying that in the proposed, motels would not be
allowed?
Ms. Gelabert: Would not be allowed.
Ms. Dougherty: Imagine?
Commissioner Plummer: And you've got how many motels in that district now?
Ms. Gelabert: There's quite a lot, but I would like to give you the history.
This was the Neighbor Association and the Northeast Task Force came to you in
February, and they requested to work with the Planning Department in their
area, which encompasses 36th to 87th. They... And it was our feeling also,
that the area... it's a different character than the one that they want for
Biscayne Boulevard. Before we had the motels. They were in a time when Miami
was the gateway, where motels were important, where that was people were
coming in and that kind of facility. The way... It's 1992 and the use has
evolved. The uses right now are obsolete. The character has changed. And
they are a strong neighborhood association that feels if they have permanent
uses it would bring stability into the area, and try to avoid those transient
type of uses that, you know, are not encouraging the development of the area.
Commissioner Dawkins: OK. I'm going to move to approve this. And my reason
for moving it is, how many ACLUs up there now? Whatever... How many up
there?
Commissioner Plummer: Too damn many.
Ms. Gelabert: I don't know the number.
Commissioner Plummer: Well, our policy is...
Mr. Genuardi: In that... Excuse me.
Commissioner Plummer: ...right now, that none else can go in until the
other...
Commissioner Dawkins: I know, but how many are up there?
Mr. Genuardi: Yeah. In that particular tract...
Vice Mayor Alonso: A lot.
228 October 22, 1992
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Commissioner Dawkins: Yes.
Mr. Genuardi: ...this 1s the only one.
Commissioner Dawkins: In that...
Mr. Genuardi: There are tracts nearby in the lower down...
Commissioner Dawkins: No, no.
Mr. Genuardi: that are... But in that...
Commissioner Dawkins: Beg your pardon?
Mr. Genuardi: In that one tract there's only one approved ACLF, or CBRF.
Vice Mayor Alonso: The only one?
Commissioner Dawkins: What, from...
Mr. Rodriguez: He means in the area which is under zoning, but not in the
general area.
Vice Mayor Alonso: Oh.
Mr. Rodriguez: In the general area there are more.
Mr. Genuardi: There are more.
Mr. Rodriguez: But we don't know... I don't have the figures here.
Vice Mayor Alonso: Lots of them.
Mr. Rodriguez: Lots of them, yeah.
Commissioner Plummer: Thirty-nine.
Vice Mayor Alonso: Yes.
Mr. Genuardi: There are a lot more in... east of that.
Commissioner Dawkins: It's more than we did. OK? All right.
Vice Mayor Alonso: Yes.
Commissioner Dawkins: All right. You stand over there and act... and
pretend you don't know what I'm saying. OK? But it's more than we need. So,
now, if the area residents have agreed among themselves that they love their
area, and that they want to down the zoning to control... for the lack of a
better word... what goes in there, so that it will complement...
Commissioner Plummer: Does this just affect the Boulevard?
229 October 22, 1992
Commissioner Dawkins: ...the homes on each side of the Boulevard...
Commissioner Plummer: Does it affect just the Boulevard?
Commissioner Dawkins: ...I think we should support it and therefore, I move
it.
Vice Mayor Alonso: But we have to hear first from the opposition.
Ms. Dougherty: Thank you very much.
Commissioner Plummer: Well...
Ms. Dougherty: Madam Vice Mayor, members of the Commission, my name is Lucia
Dougherty and I'm here on behalf of Barry Seinfeld who is the owner of 8000
Biscayne Boulevard. It's the Jubilee Center that was built in 1957 as a
motel. He purchased it for 2.5 million dollars, or 2.7 million dollars in
1986.
Commissioner Plummer: Joel, is the majority two votes?
Ms. Dougherty: It was operating as an ACLF until recently.
Commissioner Plummer: Excuse me.
Ms. Dougherty: He's now operating...
Commissioner Plummer: Excuse me, Madam Chairman...
Ms. Dougherty: Yes. He's now operating...
Commissioner Plummer: Excuse me.
Ms. Dougherty: Excuse me.
Vice Mayor Alonso: Yes? One minute, please.
Commissioner Plummer: My colleague has expressed his opinion for approval of
the agenda item as it is. Based on that comment, you cannot win.
Ms. Dougherty: Understood.
Commissioner Plummer: No, there's... According to the City...
Ms. Dougherty: Yes, you're right.
Commissioner Plummer: ...City Attorney, there must be three positive votes
for you to win. There's only three votes left here.
Ms. Dougherty: I would like a deferral.
Vice Mayor Alonso: A deferral?
Ms. Dougherty: It's simply... It's a...
230 October 22, 1992
Commissioner Plummer: Well, I don't know... I'm sorry. 1 mean... You
know...
Ms. Dougherty: It's a matter of due process that...
Vice Mayor Alonso: He has a good point.
Ms. Dougherty: ...that I should be able to have a deferral.
Commissioner Plummer: Is Commissioner De Yurre coming back or not?
Mr. Rodriguez: I don't know. But I...
Commissioner Plummer: I don't either, but...
Commissioner Dawkins: Well, even if he comes back, it would not be a full
Commission, and she's requesting a full Commission.
Mr. Rodriguez: But...
Commissioner Plummer: Well, but it's still... She'd have a shot at three
votes. This way she does not, by your comments, even have a shot at three
votes.
Mr. Rodriguez: But this is a first reading. This is not final. You have an
opportunity for a second reading on this when we schedule again. So, if at
that time you can... decide either to hear again...
Vice Mayor Alonso: It can always be changed.
Mr. Rodriguez: ....from her, or to change your vote if you want to.
Vice Mayor Alonso: Commissioner De Yurre is back.
Mr. Rodriguez: Or to allow other Commissioners to change...
Commissioner Plummer: No, wait a minute. Here's De Yurre. You didn't leave.
Vice Mayor Alonso: Yes, he's here.
Commissioner Plummer: OK. I'm sorry. Continue.
Vice Mayor Alonso: OK. Let's continue.
Commissioner Dawkins: The wandering Commissioner.
Ms. Dougherty: For your purposes...
Vice Mayor Alonso: Yes. Now that he's back.
Ms. Dougherty: For your purposes, Commissioner De Yurre...
Commissioner Plummer: You and the Mayor went out tiptoeing in the tulips.
231 October 22, 1992
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Ms. Dougherty: I represent the owner of a building at 80th and Biscayne
Boulevard, that was purchased in 1986 by my client, paid 2.7 million dollars.
The building was built in 1957 as a motel. it was formerly operated, until
recently, as an ACLF. My client, due to the operation of the building, no
longer has an ACLF license, but in fact has been operating it as a lodging
house. Now, I'd just like to give you a little bit of history, recently,
about this property. The City and the County officials asked my client, could
they use this facility to house the homeless. My client agreed to do so, but
the Neighborhood Association went to the NET (Neighborhood Enforcement Team)
folks in the City and said, "We don't like that." My client... "You don't
want it?" My client says, "OK. We won't use it for the homeless shelter."
But nevertheless, 15 inspectors, or however many came to my client's building
and said, "We want to come and inspect the building." My client doesn't have
anything to hide. He let them in. And had I advised him, or had he called
me, I would have told him not to let them in. But nevertheless, they go in
through this building with a fine tooth comb. They give him citations for
things like not having a ventilation in the bathroom. Now, they have
completely given every citation you can possibly imagine for this building,
things that you would not even believe. So, then, the next thing that happens
that... We see that there's this ordinance on the agenda today that is going
to zone this building out of existence. I want you to know there is nothing
you can use this building for. You can't have a convalescent home, which it
used to be, a nursing home, an institution for the aged, a foster home, group
homes, or orphanages. Not even by special exception. You can't have a hotel,
a residence hall, a motel, a tourist home, lodging home, single -room occupancy
facilities, guest homes or other transitory facilities. What can you use a
building at 80th and Biscayne Boulevard, that was built as a motel, for? Do
you want to zone this out of existence? He paid 2.7 million dollars. He
would love to sell it for that point right now. He can't do it. Because
there is no use and no financial ability to maintain that piece of property.
So, now if you don't have any uses that are going to be permitted, what's
going to happen to that building? It's going to be derelict, a crack house?
It's not right. The government ought to not do that to somebody. And so,
what I'm suggesting is that you, at least, put in this ordinance an ability to
get a special exception for a motel, or a lodging unit, so that somebody who
is a legitimate operator... He has never had a police call there. He hasn't
had any prostitution. No drugs. No prohibited... No problems. He had
elderly there until recently. And until the City and the County folks asked
them if they could use it for a homeless shelter. He didn't ask them. They
asked him. And that's what caused this problem at this facility. And all I'm
saying to you is that what we ought to do, or what the City should at least
do, is give yourselves an ability for a legitimate operator to go on Biscayne
Boulevard, by at least having a special exception for that particular use.
Commissioner De Yurre: Why can't... Why did he cease operating as an ACLF?
Ms. Dougherty: He lost his license because of a bad administrator that he had
hired. That's why. He had an administrator that was taking clients out of
his building and putting them some place else, which is illegal.
Commissioner Dawkins: Are you ready for the motion?
Vice Mayor Alonso: Yes.
232 October 22, 1992
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Commissioner Dawkins: I move that we approve that that's requested by the
residents of the area.
Vice Mayor Alonso: OK. We have a motion. Do we have a second?
Commissioner De Yurre: Second.
Vice Mayor Alonso: Second. We have a motion and a second. Yes?
Mr. Rodriguez: I thought that since you have a lawyer on the other side, that
maybe you might want to hear from the public in support of this case.
Commissioner Plummer: Well, that... What happened to the gentleman...
Vice Mayor Alonso: They are...
Commissioner Plummer: You wanted to speak?
Mr. Rodriguez: All in support of the position by the City.
Vice Mayor Alonso: Just put it in the record.
Mr. Rodriguez: But maybe you want to put it in the record somewhere.
Vice Mayor Alonso: OK. Well...
Commissioner Plummer: I think a good question has been raised and let me ask
the Administration. A building usually built for a motel is uniquely built
for that kind of a use. Now, he can't operate a motel. He can't operate an
apartment house. What would you be able to use that building for?
Vice Mayor Alonso: At the beginning of the hearing, you said...
Commissioner Plummer: How many rooms...
Mr. Rodriguez: He could have an apartment building.
Vice Mayor Alonso: ...that he was grandfather.
Mr. Rodriguez: But he could have an apartment building.
Commissioner Plummer: How many rooms in that place?
Ms. Dougherty: Two hundred seventy?
Unidentified Speaker: Just 70 rooms.
Ms. Dougherty: Seventy rooms.
Mr. Rodriguez: He could use it as an apartment building, as an office
building.
Commissioner De Yurre: They can't have an ACLF there under this?
233 October 22, 1992
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,. Mr. Rodriguez: they cannot have an ACLU' at present.
Commissioner Plummer: If this passes.
Mr. Rodriguez: If this passes. Right.
Commissioner Dawkins: If we pass this.
Ms. Dougherty: Would the Commission not consider letting, at least...
Commissioner De Yurre: Can we make an exception for...
Ms. Dougherty: ...a hotel, or a lodging house be a special exception?
Ms. Gelabert: Could I say something?
Vice Mayor Alonso: Well, I guess that's exactly what they're trying to avoid.
If it's open, it will remain similar to what they have and that's, I guess,
what they're trying to accomplish.
Ms. Gelabert: If I should say something...
Vice Mayor Alonso: Let me ask one question, please. You said at the
beginning of the hearing that they were grandfathered. To do what?
Mr. Rodriguez: If the existing use is legal...
Commissioner Plummer: He thought they were. He was wrong.
Mr. Rodriguez: ...whatever use is there legally now, in the whole area, will
be grandfathered. If they are legally in operation...
Vice Mayor Alonso: Oh. So, this case will...
Mr. Rodriguez: The problem with this case is that they are not legally there.
Vice Mayor Alonso: ...not apply.
Mr. Rodriguez: Right.
Vice Mayor Alonso: OK. Fine.
Ms. Gelabert: If I could add something?
Vice Mayor Alonso: Yes.
Ms. Gelabert: One, is the uses that are there right now would be
grandfathered in, but the second is I would find... from a point of view, how
would you be able to determine what's good and what's bad? ...if a hotel
should come in and that's what the neighbors...
Commissioner Plummer: How would you determine if it's an apartment house if
it's good or bad?
234 October 22, 1992
74,2� 1
Vice Mayor Alonso: You just can't.
Ms. Gelabert: But in the type of the hotel... and that's what the neighbors
are arguing for in the area.
Commissioner Plummer: Let me ask another question unrelated to this objector.
Since this is primarily... Biscayne Boulevard is the scope of this agenda
item, do I assume that you also worked with merchants, the Chamber of
Commerce, and all the people that are related in the Boulevard area?
Ms. Gelabert: Yes. And the...
Commissioner Plummer: In other words, you notified all of the people...
Ms. Gelabert: Everyone.
Commissioner Plummer: ...that are affected by this...
Ms. Gelabert: Yes.
Commissioner Plummer: ...of meetings that were taking place, and assuming by
not being here this evening, they didn't give a damn, or they were in accord.
Ms. Gelabert: Yes. We have held workshops and we have been working since...
Commissioner Plummer: I just wanted to make sure.
Ms. Gelabert: Yes.
Vice Mayor Alonso: Do we have anyone here in support of their position?
Ms. Dougherty: Just my client.
Vice Mayor Alonso: OK.
Commissioner Plummer: Just 2.7 million dollars.
Vice Mayor Alonso: All right. Would you identify yourself for the record,
please?
Mr. Miguel Seco: My name is Miguel Seco. I live at 700 N.E. 72nd Street, and
I am the president of the Bayside Residents Association. Last February we
received your blessing, including Commissioner Plummer's, to go ahead with
this plan, and work very hard with the Planning Department, and all the
communities, and community leaders, in proposing to you a zoning overlay and
amendments that would take the Boulevard back from improper use and give it
back to the neighborhoods. We worked very diligently in designing a plan that
would create commercial and economic revitalization for the Boulevard, and
stabilize Biscayne Boulevard. We specifically targeted the types of uses that
have made Biscayne Boulevard an unstable environment for businesses. I don't
want to get into a discussion of this property in question, because it will
derail what we're trying to do here tonight. That property is next to a
commercial shopping plaza. There are commercial uses allowed and there are
235 October 22, 1992
apartment building uses allowed. And apartments are different from motels
because you get leases, there is some sort of control. There are more than
301 35 ACLFs in our area, and we just don't want any more. We do not want any
type of transitional businesses in the area, and that's why we went with the
overlay. You were also concerned about unity in the Northeast, and all the
neighborhoods working together, and this is one of the projects that has
brought every single homeowner and civic and business association together,
from Magnolia Park to the City limits. We have the support of Magnolia Park,
Baypoint, Morningside..,
Commissioner Plummer: We have the letters.
Vice Mayor Alonso: Yes.
Mr. Seco: You received the letters. Everyone is in favor.
Commissioner Plummer: The fax.
Mr. Seco: Businesses are in favor. Property owners are in favor. Everyone
is in favor and we urge you to pass this one and the second reading. Thank
you.
Vice Mayor Alonso: Thank you. State your name and address.
Mr. Orlando Castellano: Madam Vice Mayor, and Commissioners...
Vice Mayor Alonso: One more thing... Yes, Mr. Seco.
Mr. Seco: I forgot. I was supposed to ask everyone who is in favor to stand
up, so that you can acknowledge their presence. And...
Commissioner Plummer: Just raise your hand. Don't stand up.
Vice Mayor Alonso: Raise your hand.
a
Mr. Seco: And also, so that you realize that some of them are representing
their homeowner's associations. We didn't feel we needed, you know, to bring
3,000 people. We just thought if they came as their official
representatives...
Vice Mayor Alonso: You brought enough people. OK. Would you state your
name?
Mr. Castellano: Orlando Castellano, 1011 N.E. 72nd Street, and I'm the vice
president of the Bayside Residents Association. Commissioners, there really
is a vision in the Northeast for what we want to accomplish, and the central
artery of the Northeast is the Boulevard. Here we have a hodgepodge of zoning
ordinances. What we're trying to accomplish is to bring them all cohesive,
redevelop the Boulevard and take it back. We really urge you to support what
the community, as a whole, united, is trying to accomplish. Thank you.
Vice Mayor Alonso: Thank you. Yes.
236 October 21, 1992
I
Ms. Melanie Broeker: Melanie Broeker, executive director of the Greater
Biscayne Boulevard Chamber of Commerce. We also want you to know that most of
the business, in fact all of the businesses that we have spoken to and
received phone calls from, are in support of this overlay. As you know, we
are a11, not only the residences, but the commercial and the commercial
merchants, are desperately trying to economically revitalize the Boulevard and
we urge you to support this overlay. Thank you.
Vice Mayor Alonso: Thank you. One more?
Commissioner Plummer: Why?
Ms. Ernestine Stevens: Ernestine Stevens, vice chairman of the Northeast
Subcouncil. The vision issue is, indeed, a solidarity that has brought our
communities together. We are... We know that in the Subcouncil it's going to
take more than just an attack against crime to bring us back.
Ms. Dougherty: No, no. He says that you're legal now, if we get a
Certificate of Use prior to that ordinance.
Ms. Stevens: The equation is crime enforcement, Code enforcement and zoning
enforcement. And we ask you please, please, to allow us to go forth and take
control for the Boulevard. I personally spoke and worked with Melanie, who is
at the Chamber of Commerce, and I've talked to businesses up and down the
Boulevard. The legitimate businesses want this. They're beleaguered. You
pay a price, if you're a business on the Boulevard and you're trying to
operate. They are most happy that we in the communities are beginning to take
control of the situation and working with them, instead of at odds with them.
Please support us.
Vice Mayor Alonso: OK. Thank you. Anything else you want to add?
Ms. Dougherty: I would... I just asked Joe Genuardi if we converted our ACLF
Certificate of Use, which I have right now... We have a legitimate, valid
Certificate of Use for an ACLF. If we convert that to a lodging house, prior
to the time that this ordinance takes effect, is that legal?
Vice Mayor Alonso: Mr. Genuardi?
Ms. Dougherty: He just told me it was, and I just want to verify that on the
record.
Vice Mayor Alonso: OK. Is it proper as we put this on the record, at this
time?
Mr. Rodriguez: I don't know whether he would like some time to review that
before he gives an answer.
Ms. Dougherty: He just...
Vice Mayor Alonso: OK. Mr. Genuardi?
Ms. Dougherty: He just answered it and here he is.
237 October 22, 1992
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Mr. 0enuardi: I had left my book inside. I went to get it.
Vice Mayor Alonso: All right.
Mr. Genuardi: Yeah. A lodging house in a C-1, right now, is permitted.
Ms. Dougherty: So, if we have an effective Certificate of Use prior to the
effective date of this ordinance, we would be a legal use.
Mr. Rodriguez: If you want, why don't you think about it?
Ms. Dougherty: And I want to go on record that we applied today to change our
Certificate of Use from an ACLF to a lodging house.
Mr. Genuardi: If they applied now, and met all the requirements, Building
Code and Zoning Ordinance, before the effective date of this ordinance, yes,
they would be allowed.
Vice Mayor Alonso: OK? What is legally acceptable, there is nothing we can
do.
Ms. Dougherty: Thank you very much.
Vice Mayor Alonso: OK. Thank you.
Commissioner Plummer: They have their rights.
Vice Mayor Alonso: All right. Commissioner Dawkins, we have a motion, and
Commissioner De Yurre seconded.
Commissioner Dawkins: Under discussion.
Vice Mayor Alonso: OK.
Commissioner Dawkins: I don't know what the last maneuver was between Ms.
Dougherty and Mr. Genuardi, but whatever that maneuver was... If, in any way,
when they come back, they need my vote, don't come back. OK. Now, the
residents have said that they are attempting to downgrade the... occupancy,
for the lack of a better word... They feel that the mass of bodies is too
great and they are attempting to downgrade it. Now, the fact that there's a
maneuver to still put 113M bodies there irregardless... I mean, it's not
neighborly. So, I move that we approve the recommendations of the Planning &
Zoning Department.
Vice Mayor Alonso: OK. It has been seconded by...
Commissioner Dawkins: Commissioner De Yurre.
Vice Mayor Alonso: ...Commissioner De Yurre. Please, call the roll.
[AT THIS POINT, THE CITY CLERK BEGAN TO CALL THE ROLL.]
Mr. Maxwell: I need to read the...
238
October 22, 1992
Ms. Matty Hirai (City Clerk): Oh, yes.
Vice Mayor Alonso: Oh, read the ordinance. I'm sorry. Please call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING: ARTICLE 60 SPECIAL DISTRICTS, SECTION 609.
SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT TO
CLARIFY INTENT AND LIMIT AND PROHIBIT CERTAIN
PERMITTED PRINCIPAL AND ACCESSORY USES AND STRUCTURES,
CONDITIONAL PRINCIPAL AND ACCESSORY PERMITTED USES AND
PROPOSED SIGN LIMITATIONS; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
Was introduced by Commissioner Dawkins 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
NOES: None.
ABSENT: Mayor Xavier L. Suarez
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Commissioner Dawkins: I didn't mean to imply that the counsel did anything
wrong. Her client paid her to do what she got up there and did. So, don't
think that she did anything wrong.
36. FIRST READING ORDINANCE: AMEND 11000 ATLAS -- EXTEND BOUNDARIES OF SD-
9, BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT FOR PROPERTIES FRONTING ON
BISCAYNE BOULEVARD FROM N.E. 36TH STREET TO N.E. 60TH STREET, AND FROM
THE LITTLE RIVER CANAL TO N.E. 82ND STREET (Applicant: Planning,
Building & Zoning Dept.).
Commissioner Plummer: Sixteen is a companion.
Vice Mayor Alonso: Companion item. Yes. PZ-16, companion item.
Mr. Sergio Rodriguez (Assistant City Manager): It's a companion item.
Commissioner Dawkins: Move it. I move it.
239 October 22, 1992
Mr. Joel Maxwell (Assistant City Attorney): Ordinance, Mr...
Vice Mayor Alonso: Call the... Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE, WITH ATTACHMENTS, AMENDING THE ZONING
ATLAS OF ORDINANCE NO. 11000, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY EXTENDING THE
BOUNDARIES OF SD-9, BISCAYNE BOULEVARD NORTH OVERLAY
DISTRICT FOR THE PROPERTIES FRONTING ON BISCAYNE
BOULEVARD FROM APPROXIMATELY NORTHEAST 36TH STREET TO
NORTHEAST 60TH STREET AND FROM THE LITTLE RIVER CANAL
TO NORTHEAST 82ND STREET (MORE PARTICULARLY DESCRIBED
IN ATTACHMENT "A", REFERENCED HEREIN AND MADE A PART
THEREOF); AND BY MAKING ALL THE NECESSARY CHANGES ON
PAGES NO. 9, 14 AND 15 OF SAID ZONING ATLAS;
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Plummer and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
NOES: None.
ABSENT: Mayor Xavier L. Suarez
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.
37. SECOND READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND USE MAP --
CHANGE LAND USE DESIGNATION AT 551 N.W. 72ND STREET FROM GENERAL
COMMERCIAL TO INDUSTRIAL (Applicant: Howard Lichtman).
Vice Mayor Alonso: PZ-7.
Mr. Joe McManus: Madam Vice Mayor, and members of the Commission...
Commissioner Dawkins: This is a second reading.
240 October 22, 1992
Mr. McManus: ...this is a second reading ordinance. This has been up for
review by the Florida Department of Community Affairs and they have no
objection to it. The companion items are PZ-7 and PZ-8.
Commissioner Dawkins: Move 7.
Vice Mayor Alonso: OK. We have a second. A motion and a second. Would
you... Would you like to add something for the record?
Mr. Jesse McCrary, Jr.: No, ma'am.
Vice Mayor Alonso: No objections. OK. Anyone in opposition to PZ-7? OK.
So, let's swear them in.., anyone who is going to testify.
Ms. Matty Hirai (City Clerk): It's a... It's a second reading ordinance.
Vice Mayor Alonso: I beg your pardon?
Ms. Hirai: To swear him in?
Vice Mayor Alonso: Yes.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Vice Mayor Alonso: And anyone else who is going to testify.
Mr. David Miller: David Miller, 551 N.W. 71st Street. I just want to, for
the record, let the Commission know that there are still objections on my
behalf, businesses around the subject property, and as we've got in the file,
from the YMCA. I find it inconsistent where the government is spending
millions of dollars on the Victory Homes project, which is right across the
railroad tracks, to upgrade that housing project... to allow for a
downgrading of an industrial use, which, by definition, allows for more
hazardous waste, more noise pollution, more air pollution, and such. And I
just don't find the consistency where we're spending millions of dollars for
the Victory Homes project, not more than 50 feet away, and now we're allowing
for a downgrade of a zoning to industrial use. That I just don't understand.
Commissioner Plummer: Didn't we just recently have some zoning application up
there?
Mr. Sergio Rodriguez (Assistant City Manager): This is it.
Vice Mayor Alonso: This is second reading.
Commissioner Plummer: That's like six, or eight, or ten months ago we had it.
Mr. Rodriguez: Because it has to go to Tallahassee for 90 days review, and we
already received the no objection from Tallahassee, and that's why it's here
today before you.
Commissioner Plummer: How... Oh, it was in April.
241 October 22, 1992
Mr. Rodriguez-, Right.
Vice Mayor Alonso: Please.
Commissioner Dawkins: I moved and it was seconded.
Vice Mayor Alonso: OK. You moved.
Commissioner Plummer: Can... OK. Go ahead.
Vice Mayor Alonso: Do you have any questions?
Commissioner Plummer: The only question I have is do you have any idea why
the Planning Advisory Board denied it?
Mr. McManus: Commissioner, this is a change in zoning from C-2 to industrial,
basically because towing services are not allowed in C-2. And we felt, rather
than enlarging the series of uses in C-2, we would go to change the zoning to
industrial. The Planning Advisory Board had felt the opposite way. They felt
that we should have taken the C-2 zoning and enlarge the series of uses to
encompass towing services. And that's why they split on the vote.
Mr. Rodriguez: They would have preferred us, I guess... that we change the
law...
Commissioner Plummer: I'm trying to remember...
Mr. Rodriguez: ...and make it more permissive. And we decided not to do
that.
Commissioner Plummer: I'm trying to remember where this item came before us
before.
Mr. McManus: Well, it was here before you on first reading.
Vice Mayor Alonso: He's trying to remember when it came before.
Commissioner Plummer: Is the purpose of this to try to establish a towing
company there? Is that what they're trying to do?
Mr. McManus: Yes.
Commissioner Plummer: In the... adjacent to the railroad track.
Mr. McManus: Right. In that grey colored area. In other words, it's...
Commissioner Plummer: Is it a present company or a new company?
Mr. McManus: I believe it's an existing company.
Mr. McCrary: It's an existing company, Commissioner.
Vice Mayor Alonso: Do you have any other questions?
242 October 22, 1992
Commissioner Dawkins: ...and the owners decided to try to upgrade it and make
the neighborhood look better.
Commissioner Plummer: What's the name of the company that's there?
Commissioner Dawkins: And in the process of attempting to upgrade it, they
ran into this opposition.
Mr. McCrary: Mr. Plummer, respectfully...
Mr. Rodriguez: Let me see if I can get it.
Mr. McCrary: Madam Vice Mayor...
Vice Mayor Alonso: Yes.
Mr. McCrary: Members of the Commission... Commissioners, you may recall on
this item, the City has already awarded this applicant a part of its towing
contract.
Commissioner Plummer: Which company are we talking about?
Mr. McCrary: Midtown Towing. It was a part... that was an applicant for
your towing contract.
Commissioner Plummer: And their the ones that are trying to establish...
Mr. McCrary: No, they are an existing towing company at this time, and have
been for a number of years. And what happened Commissioner, if you recall...
we brought you photographs where this operator spent an excess of $100,000
upgrading the property, that prior to this time was a place, with all due
respect, for derelicts to stay. And we brought before this Commission, and
the Zoning Board, where the property had been upgraded. And also at that
time, we brought live testimony from persons who were in businesses who were
in the neighborhood, because they run a 24 hour business who wanted them
there.
Mr. Miller: What about the...
Mr. McCrary: You may further recall that one of the applicants... I mean,
one of the opponents to this business being located there is a towing company,
who is just down the street, as you recall.
Mr. Miller: My objection is not so much a towing company. It's the fact that
you're allowing an industrial zoning in an area which is inconsistent with the
general direction in which the neighborhood is going. We're getting into more
of a wholesale area. We're getting show aids, which just put a bunch of money
into their business. And I find an inconsistency with allowing an industrial
zoning. That's my objection. Not so much a towing... the fact that it's a
towing business.
243 October 22, 1992
wul"
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Mr. McCrary: Mister, what has happened here? You've seen all the pictures
and when you say that this is inconsistent... If you allow automobile repair,
heavy-duty trucks on the street, Florida Power & Light with its trucks on the
street, and look at the physical... the before and after of the physical
plant, it's an improvement to what was there. I don't want to argue. 1 think
that the record is clear. Department of Community Affairs approved it. This
Commission approved it on its first reading and I'll shut up.
Vice Mayor Alonso: OK. Thank you.
Commissioner Plummer?
Commissioner Plummer: No, I...
Do you have any further comments,
Vice Mayor Alonso: OK. We have a motion and a second. Would you please call
the roll? Read the ordinance.
AN ORDINANCE -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR
APPROXIMATELY 551 NORTHWEST 72ND STREET, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY
CHANGING THE LAND USE DESIGNATION OF THE SUBJECT
PROPERTY FROM GENERAL COMMERCIAL TO INDUSTRIAL; 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.
Passed on its first reading by title at the meeting of April 30, 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
NOES: None.
ABSENT: Mayor Xavier L. Suarez
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11014
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I see no reasons not to. I vote yes.
244
October 22, 1992
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38. SECOND READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION AT
551 N.W. 72ND STREET FROM C-2 LIBERAL COMMERCIAL TO I INDUSTRIAL
(Applicant: Howard Lichtman).
------------------------------------------------------------------------------
Commissioner Dawkins: Move 8, companion.
Vice Mayor Alonso: Eight, PZ-8.
Commissioner Dawkins: Companion to 7.
Vice Mayor Alonso: Read the... Seconded by Commissioner Be Yurre. Would you
read the ordinance? OK. Please, call the roll.
AN ORDINANCE -
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 C-2 LIBERAL COMMERCIAL TO I
INDUSTRIAL, FOR THE PROPERTY LOCATED AT 551 NORTHWEST
72ND STREET, MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN); AND BY MAKING ALL THE NECESSARY
CHANGES ON PAGE NO. 10 OF SAID ZONING ATLAS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of April 30, 1992,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Dawkins, seconded by Commissioner Be Yurre, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Victor Be Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
NOES: None.
ABSENT: Mayor Xavier L. Suarez
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11015
Mr. McCrary: Thank you, Madam Vice Mayor.
Vice Mayor Alonso: Thank you.
245
October 22, 1992
n
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i fitiii.ti iib i. iY1 I YYlfYlffiW.IG ii ii iiiii'�3iw ii+ilr wir�i�3yiYfHiLrYw Wi-Y`L i:iiiY wwrW—ir--n+---------------------------ate-
S9. SECOND READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND USE MAP --
CHANGE LAND USE DESIGNATION AT 601-627 S.W. 8TH AVENUE FROM MEDIUM
DENSITY MULTIFAMILY RESIDENTIAL TO OFFICE (Applicant: Miami Lighthouse
for the Blind).
------------------------------------------------------------------------------
Vice Mayor Alonso: We should take 10, right?
Commissioner Dawkins: Nine.
Mr. Sergio Rodriguez (Assistant City Manager): Nine.
Commissioner Dawkins: Nine.
Vice Mayor Alonso: Nine? It's companion item to PZ-10.
Mr. Rodriguez: Right.
Commissioner Dawkins: All right. Nine...
Vice Mayor Alonso: OK. Fine. Nine.
Commissioner Dawkins: Just nine is approved by the...
Madam, who is opposed?
Commissioner Plummer: Who would object?
Vice Mayor Alonso: PZ-9, do you... Any objectors?
Commissioner Dawkins: Do you have any objectors?
Do we have anybody,
Commissioner Plummer: Who would object to the Lighthouse for the Blind?
Vice Mayor Alonso: Well, you never know.
Commissioner Dawkins: All right. I move 9.
Mr. Joel Maxwell (Assistant City Attorney): They tendered a covenant.
Commissioner Plummer: Huh?
Vice Mayor Alonso: OK. Do we have a second?
Mr. Maxwell: They tendered a covenant.
Vice Mayor Alonso: Do we have a second?
Commissioner Plummer: Second. Yes. They...
Vice Mayor Alonso: Yes.
246 October 22, 1992
Commissioner Plummert Tell me what the covenant says.
Mr. Maxwell: Among other things, the principal covenant provision is that the
use would be limited to providing services for the blind. I think the
Commission requested that.
Commissioner Plummer: And they volunteered that covenant?
Mr. Maxwell: Yes, sir. We...
Commissioner Plummer: That's fine.
Vice Mayor Alonso: OK. Read the ordinance please. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR THE
PROPERTY LOCATED AT 601-627 SOUTHWEST 8TH AVENUE,
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN),
BY CHANGING THE LAND USE DESIGNATION OF THE SUBJECT
PROPERTY FROM MEDIUM DENSITY MULTIFAMILY RESIDENTIAL
TO OFFICE; 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.
Passed on its first reading by title at the meeting of April 30, 1992,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Dawkins, seconded by Commissioner Plummer, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
NOES: None.
ABSENT: Mayor Xavier L. Suarez
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11016
COMMENTS MADE AFTER ROLL CALL:
Commissioner Plummer: Before voting, I want to strongly oppose, and do
whatever is necessary... I think it is crazy that this ordinance before us,
back in April... we're now six months later... because we've got to send it
to Tallahassee, there is a six month delay. Something is radically wrong with
procedure.
247 October 22, 1992
t
t
Mr. Rodriguez: There has been a change...
Mr. Maxwell: Mr...
Mr. Rodriguez: Or do you want to covet that? There's been a change in law.
Mr. Maxwell: Yes. You should be advised that the Florida legislature during
this last session, in fact, adopted amendments to Chapter 63, which provide an
alternative method of adopting amendments to comprehensive plans. Now, a
municipality may opt to send it up as we have been doing, for a 90 day review
between first and second reading, prior to adoption; or it may adopt the
ordinances as we would any other zoning ordinance, that is first reading one
month, second reading the next month, and then send it up for 90 day review.
So that... The City has that option, and it can pick and choose as it moves
along.
Commissioner Plummer: Well, you know, it's still unfair to an applicant to be
delayed, in this particular case, six months. Now, obviously, if they started
this process... I mean, if it was heard for first reading in April, they
probably started this process two or three months in advance of that. You're
talking about, for a single application, a year. And I think that that is
absolutely horrible. I really do.
Vice Mayor Alonso: That was one of the complaints that the people had when
all of this was discussed previously...
Commissioner Plummer: I brought...
Mr. Rodriguez: Right.
Vice Mayor Alonso: ...that it was going to take a long time. A year for any
case, or longer.
Mr. Rodriguez: What we're planning to do is follow the option number two. In
that way, we can save one month from the delay of the review by the State.
Vice Mayor Alonso: Also, because it's more convenient. We will remember...
{ Mr. Rodriguez: Right.
Vice Mayor Alonso: ...some of the facts, like Commissioner Plummer now knew
about the case, but had problems remembering every single thing that was
discussed in the previous hearing.
Mr. Rodriguez: And in reality, there have been very few cases in which...
maybe one case only in which there was an objection raised by the State. So,
we're going to take the risk at this point, and present first and second
reading to you, one after another... one month after another, and then it
will not be in effect until the 90 days pass by, and in that way we comply
with the law, and it will be fresh in your minds in the decision.
Commissioner Plummer: Continuing the roll call, I vote yes.
248 October 22, 1992
40. SECOND READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION AT
601-627 S.W. 8TH AVENUE FROM R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL
TO 0 OFFICE (Applicant: Miami Lighthouse for the Blind).
------------------------------------------------------------------------------
Vice Mayor Alonso: PZ-100 companion item for PZ-9.
Commissioner Dawkins: Move it.
Mr. Sergio Rodriguez (Assistant City Manager): Read it.
Commissioner Plummer: Second.
Vice Mayor Alonso: Second. Moved and seconded. Please, read the ordinance.
Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE
ZONING CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM
DENSITY RESIDENTIAL TO 0 OFFICE, FOR THE PROPERTY
LOCATED AT APPROXIMATELY 601-627 SOUTHWEST 8TH AVENUE,
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 SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of April 30, 1992,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Dawkins, seconded by Commissioner Plummer, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
NOES: None.
ABSENT: Mayor Xavier L. Suarez
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11017
Vice Mayor Alonso: PZ-11.
Commissioner Plummer: Excuse me. Madam...
249
October 22, 1992
e
0
Vice Mayor Alonso: Yes.
Commissioner Plummer: Madam Vice Mayor, can you... It would seem logical to
me that if the state of Florida wants to stick their nose into City business,
why couldn't you send that to them at the time that the matter, the applicant
makes application? Then, if that's the case, that time can be running
simultaneously with the City's time frame.
Mr. Joel Maxwell (Assistant City Attorney): Unfortunately, the procedure for
adoption of amendments to comprehensive plans are prescribed by Statute and by
Rule 9J5 of the Rules of Administrative Procedure and we must follow those
guidelines, and they set forth the times for transmittal.
Commissioner Plummer: My friend, I understand what you're saying. Now
understand what I'm saying. They changed rules last year to make it more
accommodating. Would we be smart, or should we be smart, by asking them to
look and change again, that they are delaying people up to a year by their
bureaucracy?
Mr. Maxwell: Any time you find that a rule does in fact act in an adverse way
I think you have, not only may you, but you have a duty to advise them of
that.
Commissioner Plummer: Well, I think that we ought to make a suggestion to our
lobbyists.
Mr. Joe McManus: Commissioner...
Commissioner Plummer: Whatever they can do to cut down the time.
Mr. McManus: Commissioner, we're just starting this second procedure and I
think we want to see if it does, in fact, speed things up.
Commissioner Plummer: Still, you're still talking six to eight months.
Vice Mayor Alonso: But... Exactly, because the difference will be what? A
month?
Unidentified Speaker: A month or two.
Vice Mayor Alonso: A month or two?
Mr. McManus: Right.
Commissioner Plummer: Two.
Vice Mayor Alonso: Maybe.
Commissioner Plummer: Two, for sure.
Vice Mayor Alonso: Yeah. OK.
250 October 22, 1992
kc.
------ry.r----f+-----r`w-----rrr-r—rwr---- .---—.wrc.i -a.------
41. (A) SECOND READING ORDINANCE:
CHANGE LAND USE DESIGNATION AT
DUPLEX TO RESTRICTED COMMERCIAL
Enrique & Maria Perez).
(B) ACCEPT FINANCIAL DONATION
HURRICANE RELIEF.
Vice Mayor Alonso: PZ-11.
AMEND 10544 (MCNP) FUTURE LAND USE MAP
1725 N.W. 17TH STREET FROM RESIDENTIAL
(Applicant: Juan & Maria I. Sanchez,
FROM SISTER CITY KAGOSHIMA, JAPAN, FOR
Ms. Lourdes Slazyk: PZ-11 is a second reading ordinance for a proposed land
use change. At the request of the Commission, Mr. Virgilio Perez, who is
representing the applicant, held a meeting with the neighbors on October 16,
1992. I'll let Mr. Perez and the neighbors report on what...
Vice Mayor Alonso: Yes. Will you swear them in, please? All of the people
who are going to testify, please raise your...
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Vice Mayor Alonso: OK. Identify yourself, name and address, for the record,
please.
Mr. Virgilio Perez: Yes, Madam Vice Chairman. My name is Virgilio Perez. My
office is at 1401 West Flagler. We had this item on first reading and we were
instructed by this Commission to meet with the neighbors after the plans were
coming from Tallahassee. What happened, Mr. McManus called me and he said
that Tallahassee had changed its way of doing business and what we did is we
immediately contacted the neighbors and the representatives and we had a
meeting on Friday, the 16th from 7:30 to 9:30. I'd like to address what was
discussed in the meeting, and what was the terms of it. The problem was that
it seems that we had an agreement and some of the neighbors agree to
something. Some of the neighbors do not agree on it. So...
Vice Mayor Alonso: So, not quite.
Mr. Perez: There's not an agreement.
Vice Mayor Alonso: OK.
Mr. Perez: There's not quite an agreement. OK. We had... This is a site
plan that we had previously... which we had previously and we presented to
this Commission. After we met with the neighbors, and looked at the area, we
had found several things that they had concerns. So, we designed a site plan,
which it seems that was more conforming to what they had. The problem here
arises out of parking. It seems like we have... this 17th Avenue and 17th
Street, we have a tot of trucks that are coming in here into the Riviera
Supermarket and blocking off 17th Street. It seems like the neighbors are
complaining constantly, even though it's legal for the trucks to park around
here and unload the merchandise. What's happening is there they have a
251 October 22, 1992
I-
I
problem getting to their houses, plus the trucks go into their neighborhood.
We also have another problem, which we will address. It's the loading dock
that 1s on 17th Street. We decided that it was in the best interest of the
neighborhood and the neighbors that to create and alleviate the problem of the
trucks, that we would change the parking structure that we're proposing into a
more comprehensive parking area, meaning though that we will have a
combination of parking of vehicles and also of trucks. That way we would have
the trucks coming into the parking area instead of unloading out on the
street. As you can see in the site plan we propose, we are showing here a
tractor -trailer which is parked here after we would remove the loading dock
off the street and we would put it inside in this side of the building, so it
will be adjacent to the parking area. The tractor -trailer can park perfectly
in this area, which will be no parking, only for loading and unloading, and we
would have two parking stalls for trucks, that in case that they want to use
the same loading area, because the neighbors complain that most of the trucks
used to park and unload at the same time. These trucks can back up into the
loading area, unload the merchandise while this tractor -trailer keeps on
loading, and they will only... they will automatically go out and exit
through 17th Avenue. Also, we have suggested that we will buffer the
neighborhood with a fence, a five foot fence, and we would create a five foot
setback from the sidewalk, planting trees and grass so we will have a more of
a neighborhood type of look. Also, we want to make sure that what we propose
will not be... will be something that will be consistently what we're saying.
We have included here a deterrent device, like you park with spikes that the
trucks cannot back because the tires will be trashed. So, the trucks, the
only way they could come in is through this parking lot. That would alleviate
the problem of coming into the neighborhood, because the trucks will not be
able to go into the neighborhood, because to unload they will have to come
into here. There's no such thing as a tractor -trailer or a truck man parking
his truck in this way, and walking all the way to a loading zone that is
probably close to 50 feet away. We think that with this kind of solution, it
will alleviate all these problems. Now, I'd like to say that last time we
didn't have a chance to have some people who were supporting us. I'd like to
mention here, and I'd like them to stand up, the people who are supporting our
application. POR FAVOR, PARENSE LOS QUE ESTAN supporting our application.
Please sit down. I also would like to have some people who would like to
speak from the neighborhood.
Vice Mayor Alonso: Just a minute. We'll ask when the time comes. These
people are in support of their position and we'll hear from you afterwards.
Mr. Perez: Yes. I'd like to call Mariano Cruz, who is an Allapattah
neighbor. He is an activist and I'd like him to address this Commission.
Commissioner Plummer: No, no.
Vice Mayor Alonso: Yes.
Commissioner Plummer: Mariano only gets to speak at budget time.
Mr. Mariano Cruz: No. I was coming here today for that.
Vice Mayor Alonso: Definitely.
252 October 22, 1992
Mr. Cruz: Mariano Cruz, 1227 NW 26th Street. I was coming here today only...
I mean, not only for the budget discussion, but since I received the agenda in
the house I see 1725 17th Street, I decided to come because that effects my
neighborhood. And I use►.. I go there many times to drink coffee. I can't
even park because there is no parking. You have to go one block further down
maybe to park and then walk back. Even the other day I went to see Fonseca,
the Day Care. I went there first, I had to park one block away and we need
parking in the businesses. As somebody mentioned here before, in downtown one
of the... the main problem they have is parking costs. People are going
other places because...
Commissioner Plummer: Please.
Mr. Cruz: ...they don't have parking and besides that...
Commissioner Plummer: I'll send you with an emissary over to...
Mr. Cruz: ...since that happened in the neighborhood in Allapattah, I know,
like here in Southwest section, I remember some time ago from a hearing here,
the Milagro Market, I think had that problem. And they did it.
Vice Mayor Alonso: Seventeenth Avenue.
Mr. Cruz: Twenty-three.
Vice Mayor Alonso: Yes.
Mr. Cruz: Right. I remember that.
Vice Mayor Alonso: Yes.
Mr. Cruz: And they bought the house next door to it. Right?
Vice Mayor Alonso: Yes.
Mr. Cruz: It was like two years ago, something like that. And then on Coral
Way and SW 22nd Terrace...
Commissioner Plummer: Yes.
Mr. Cruz: ...we have that same problem, and they've been using 22nd Terrace
for the parking and the trucks and everything using those entrances there on
22nd Terrace. So, I think that's something that's needed, because small
businesses need parking, and the way the plan is presented, I don't think that
it will affect at all the neighborhood. On the contrary, it will get... It
will make those trucks use a specific place to park instead of parking all
over the neighborhood, and people... and double-parking to try to unload the
merchandise there. So, I urge you to approve this for the betterment of our
community.
Vice Mayor Alonso: Thank you.
Mr. Perez: Yes, I'd like to call now Mayda Perez, who is the manager of the
Gallohan Plaza, which has 336 families.
253 October 22, 1992
Ms. Mayda Perez: Yes, my name is Mayda Perez and I'm the property manager of
an apartment complex which houses 336 families. And I'm here to express their
concern and my concern, too. The parking there is missing. There is no
parking spaces available for all the people who want to go to the supermarket,
to the bakery, or to the cafeteria. It's a mess. You go there and you even
are afraid for your own life. Trucks are double-parked, and there are big
trailers unloading the merchandise, and there is no way that anybody can go
there and even the traffic on 17th Avenue sometimes is totally stopped because
of trailers there, trying to get in or out. I think that they have found a
solution, trying to build a parking space, or an area for parking spaces, and
if they do direct the traffic that way it would help the neighborhood, and it
would help the parking problem. And I'm here to support their idea, or how do
you call that? The site plan. Thank you.
Vice Mayor Alonso: Thank you.
Mr. Perez: I'd like to...
Commissioner Plummer: Can I stop you for one minute, please?
Mr. Perez: Sure.
Commissioner Plummer: Mr. Sergio...
Mr. Sergio Rodriguez (Assistant City Manager): Rodriguez.
Commissioner Plummer: This thing here, is this done on every application?
Would you tell me why in God's name we have to know what is the solid waste
collection route for this particular location?
Mr. Rodriguez: We're required under Florida Statutes that any time we have
comp plan amendment, we have to establish whether this is going to create a
negative impact on the level of service of each one of the services that we
have in the City. So, we have to do that.
Commissioner Plummer: Do I have to know why...
Mr. Rodriguez: This is part of the concurrency requirement.
Commissioner Plummer: Do I have to know why solid waste generation tons per
year is 67?
Vice Mayor Alonso: Bureaucracy at its best.
Mr. Rodriguez: That...
Commissioner Plummer: I want to tell you, you talk about garbage in and
garbage out... Storm water sewer, what is 52? I don't know what it means.
Mr. Rodriguez: Where?
Commissioner Plummer: Population increment, residents - 52. Excess
capacity - 4.68. I mean, if you're putting this here, somebody better come
explain to me what all of this hodgepodge means.
254 October 22, 1992
I
Mr. Joel Maxwell (Assistant City Attorney): Do you remember about...
Commissioner Plummer: I can't believe that we're doing this much garbage in
and garbage out.
Mr. Rodriguez: We...
Mr. Maxwell: Do you remember about two years ago there was a lot of debate
about concurrency management? That's it.
Mr. Rodriguez: And do you remember that we never had any problems, because we
have provided information and we have never been found...
Commissioner Plummer: I can't believe it.
Mr. Rodriguez: ...not in compliance.
Commissioner Plummer: I'm...
Mr. Rodriguez: This is it.
Vice Mayor Alonso: That's absurd.
Commissioner Plummer: Mr. Perez, go ahead. I'm sorry, sir.
Vice Mayor Alonso: Yes.
Commissioner Plummer: I can't believe...
Mr. Perez: Matty? I wanted to...
Vice Mayor Alonso: Is it on?
Mr. Perez: I wanted to pass this photograph of the trucks that are parking
there so you can really...
Commissioner Plummer: No wonder we're going broke.
Mr. Perez: ...rely to see what it is. What I'd like to say is that...
Vice Mayor Alonso: This is 17th Street.
Commissioner Plummer: We didn't fight hard enough when they made this
mandatory. That's the problem.
Mr. Perez: That's 17th Street. Right. That's exactly where we're talking
about that the street... And in reality...
Commissioner Plummer: They should screen.
Mr. Perez: ...it's a nuisance for the neighbors. There's no question about
it. Even though it is legal, we have discussed it with them, and what happens
is the trucks don't have any other place to park. So, they have to park there
255 October 22, 1992
to unload. "that's why we have created and alleviated the situation when we
say that the trucks can park in here, and we demonstrated that it can be done.
That way they will not have to go into the neighborhood, and they will come in
directly into the parking lot, and we can have... because we have..6 when we
had the meeting, they said there were several trucks parked, which is true.
And that's why we have created more parking, that is only permitted truck
parking. I think we can even park another truck here, beside this tractor -
trailer, as is shown.
Vice Mayor Alonso: Yeah. Actually, Mr. Perez..,
Mr. Perez: Yes, ma'am...
Vice Mayor Alonso: ...what it is is a third suggestion of what we have seen.
This is not necessarily what we approved in first reading. There is a little
variance here...
Mr. Perez: Yes, there's a little variance here...
Vice Mayor Alonso: ...of the original...
Mr. Perez: After we have talked to the neighbors, and we have come to a
conclusion, what was the biggest problem that they had over there.
Vice Mayor Alonso: OK.
Mr. Perez: One of the things that... One of the things we'd like to say, and
that we have spoken with the neighbors, that we will proffer a covenant that
this will always be a parking lot, that it will never be constructed in
anything else except a parking lot. Plus, we would also proffer a unity of
title, so this parking... this area would not be able to be sold separately.
Now, we have only two alternatives. We have to... We keep the trucks out
there in the street, which is legal to do, or we can alleviate this thing. I
think we had spoken with the neighbors, and they're right here, and I think
that what we have presented is the same thing, is the same site plan that we
talked about.
Commissioner Plummer: What is this talking about - 20 dwelling units?
Mr. Perez: The only different thing is that we showed the trucks and we have
showed them prior to our hearing here. So, we urge you under these
conditions, with this support, with all of the support that you see...
There's only, I believe, seven or eight reds there, plus 20 some odd green. I
hope that you will... I will urge you to vote in favor of this amendment.
Vice Mayor Alonso: OK. Thank you. Now, let's hear from you. Wi11 you
identify yourself?
Mr. Mario Mena: Sure.
Vice Mayor Alonso: Name and address, for the record, please.
Mr. Mena: Sure. My name is Mario Mena, and I represent my mother and my
aunt. They live at 1751 NW 17th Street. There are several issues that he
256 October 22, 1992
addressed, and I would like to revisit. First of all, the question shouldn't
be who is supporting that application, but of all the people there, who
actually lives there? We have employees of the supermarket. We have
employees of the bakery. They don't live there. OK? So, the question should
be, of the people supporting the application, how many are owners or neighbors
of that address that we're discussing right now. Now, you'll find that many
of them, the great majority, don't live there or own any property there. They
work there. By the time their work is finished they go home and that's the
end of that. That's number one. Number two - when we spoke to Mr. Perez and
the rest of the group, we looked at this plan here and we liked many of the
things that they're doing. We agreed with that. I think we can reach an
agreement right here if they just bend a little bit. We still have a few
problems with that. Number one, you will always have an overflow of vehicles
on the street. You have space for one trailer, and maybe two or three smaller
vehicles. But you will always have an overflow on the street. OK? Because
of the sheer number of truckers delivering to the address - number one.
Number two - once people find out that there's an entrance on 17th Street, the
customers, they will come down the street and enter through that area. It is
a neighborhood supermarket. They wi11 know that they have more than one
entrance and that's what's going to happen. You're going to have vehicles.
You're going to have trucks. And you will have people shopping the
supermarket coming in that entrance, because it's there. It will be open.
They will not be able to exit through it, but they will be coming right
through the street into the market. Number three, there was another unloading
facility that when Mr. Menendez brought it to their attention they said, "We
didn't know we had that door there. We didn't know that we unloaded other
products in that corner." There is a door that is not shown in that map that
also does loading and unloading, and that was what came up in a meeting, and
they were not aware of that. Maybe they were not informed, Mr. Perez, or they
left it out somehow. This is what we are trying to do. We want to follow...
Vice Mayor Alonso: Where is that opening that you are referring to?
Mr. Mena: May I show you? It's over here. It's not shown. Over here in the
corner. There's a little door leading to a second story storage area that
they have.
Vice Mayor Alonso: You have to go back to the mike. But, the opening is down
here, in that corner? OK. And then go back to the mike. OK. Fine.
Commissioner Plummer: That would be the southeast corner of the building.
Mr. Mena: ...show you where it is.
Vice Mayor Alonso: OK.
Mr. Mena: There is a storage area on the second floor that was not addressed
at that meeting that we had. As a matter of fact, when we called it to his
attention, they were very surprised that it was there. So, there was no
provision to solve that problem. So...
Vice Mayor Alonso: So, you had the concern of the trucks parking in that area
regardless of the way that they take care in the back and...
257 October 22, 1992
f
Mr. Mena: Right.
Vice Mayor Alonso: But I guess we can resolve that by placing signs, "Trucks
cannot park." That might be one solution. That's a possibility.
Mr. Mena: It is a solution.
Vice Mayor Alonso: OK. Go on.
Mr. Mena: But it was not offered at that meeting that we had.
Vice Mayor Alonso: OK. Go on.
Mr. Mena: Subsequent to this meeting, we got together the neighbors and this
is what we're asking of them. We agree to moving the loading inside. We
agree to their offer of moving the trash inside of the commercial area, the
parking lot. All that we are asking is, that wall that was suggested by you
and Commissioner De Yurre, on the street, so the neighborhood is sheltered.
We don't have to have the trucks, or the vehicles going that way. Just...
Right here, this entrance, that was supposed to be an entrance, just to keep
it fenced in, and have all the traffic stay in the parking lot here and come
in through this opening into the unloading area. This way it's within the
limits. It's not bothering the neighbors. It's not creating any congestion
or any overflow of vehicles and everybody's happy. They get their parking
lot. They get the approval. We will not oppose it. We'll support it. And
the neighborhood will be sheltered from all these vehicles, the trucks, and
all the other activity there. That's all we're asking.
Vice Mayor Alonso: So, actually there's only one difference as I hear this.
It's the opening...
Commissioner De Yurre: The opening that we...
Mr. Mena: Right here.
Vice Mayor Alonso: ...to the 17th Street.
Mr. Mena: Let... You know, there is an entrance here on the street.
Vice Mayor Alonso: Uh-huh.
Mr. Mena: There's an entrance here on the avenue, leading into the parking
lot. Fine. We will not oppose the application as long as we can keep this
wall here, as it was suggested, and the neighborhood will not be affected by
the trucks and it will be contained, self-contained, and we will not oppose
it.
Commissioner De Yurre: Let me ask something, which I don't think I've heard
yet, or if I did, I wasn't listening. As far as the loading area, what
times... You know, because you have neighbors right there and no matter how
many walls... how much of a wall you have, if the loading is done at a time
that... you know, at 5:00 o'clock in the morning, or 6:00 o'clock in the
morning... you know, are there time limitations when you're that close to a
residential property, as far as when, or not, they're going to be unloading or
unloading?
258 October 22, 1992
,r
Mr. Perez: Yes, Commissioner. We talked to the neighbors and we told them
that we would be unloading from 7:30 to 8:00 o'clock, and we will close that
wall, the entrance of the trucks, so they wouldn't have any kind of trucks
coming in at night. When he finishes, I would like to rebuttal...
Commissioner De Yurre: What are you saying, you want to keep that open just
for the purpose of bringing in the trucks? Is that what you're saying?
Mr. Perez: Yes. Otherwise the trucks will be out on the street.
Commissioner De Yurre: Why can't you bring them in this way?
Mr. Perez: Because there's no maneuverability and plus, the loading dock is
right here on this side. This is all vegetables, all kinds of freezers,
everything. You cannot have any kind of... It would cost an arm and a leg to
change all that. And what happens is right now, as it is, it's legal to have
all the trucks here. And what we're trying to do is alleviate completely the
problem. I'd like to rebuttal because the gentleman here is very nice, but
he's talking about support of the application and I...
Commissioner De Yurre: No. Go ahead...
Mr. Perez: OK. Sorry.
Vice Mayor Alonso: Let him finish.
Mr. Perez: OK. Sorry, Commissioner.
Commissioner De Yurre: You're talking about that you're going to keep...
There's going to be an electric gate there, or what are you going to have
there?
Mr. Perez: It's not an electric gate, because it will be... But we will
close that at 8:00.
Commissioner De Yurre: In the morning? At night?
Mr. Perez: No. At night. We will close that at 8:00 p.m.
Commissioner De Yurre: OK. But that's not solving their problems. That's
going to be open all day.
Mr. Mena: That's what I mean.
Mr. Perez: Oh. On the contrary, it will be solving their problem. Because
right now, what's happening is all those trucks are parking here. When they
finish unloading, they go right into the neighborhood.
Commissioner De Yurre: No, but that's everybody's problem. OK?
Mr. Perez: Well... But that's their problem.
Commissioner De Yurre: No, no. We'll take care of the problems here.
259 October 22, 1992
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Vice Mayor Alonso: No.
Mr. Perez: OK.
Commissioner De Yurre: And it may end up being your problem, and it may not
end up being your problem.
Mr. Perez: I agree with you, sir.
Commissioner De Yurre: What I'm saying is, their concern is that that doesn't
become a gateway and entrance throughout the day that will create problems.
If you're going to tell us... How often do you get trucks coming 1n during
the day? How many times a day?
Mr. Perez: They come in constantly most of it, but they usually come at 7:30
and, you know, in the morning, and they come in the afternoon. They come for
a period of maybe half an hour or a little more when there's a tractor -
trailer.
Commissioner De Yurre: Yeah. But how many trucks are we talking about?
Five, ten trucks a day? I mean, what are we talking about? Well, where are
the folks here from the store?
Mr. Perez: Well, they...
Commissioner De Yurre: What? Ask them.
Vice Mayor Alonso: How many...
Mr. Perez: CUANTOS trucks?
Mr. Juan Sanchez: ESO NO SE SABE. PUEDE SER UN PROMEDIO DE TRES A DIEZ 0
DOCE CAMIONES.
Mr. Perez: It could be approximately from three to ten trucks.
Commissioner De Yurre: OK. Is there any problem to agreeing to the fact that
it stays closed, and whenever a truck shows up, somebody goes out, opens the
gate, lets them in, and shuts the gate? That seems to be fair enough.
Mr. Mena: As long as they can keep somebody there to open. I'm sorry.
Commissioner De Yurre: Well, they have to come out when somebody shows up,
three to ten times a day.
Mr. Mena: As long as...
Mr. Perez: He would agree to that.
Commissioner De Yurre: OK.
Mr. J. Sanchez: DILE QUE YO NO PUEDO PONER UN POLICIA AHI.
260 October 22, 1992
T
Commissioner De Yurre: No, no. They go in there, they say, "I'm here." You
go out, you unlock it, you let them in and you close the gate behind them.
Mr. Perez: Right. We would be agreeable to that.
Commissioner De Yurre: Is that fair?
Mr. Mena: OK. If you allow one at a time, you still have the overflow of
trucks on the street. If there's a truck coming in and they let one in, and
there's another one following, and there's no room to come in, it's going to
have to stay out. If they have three or four inside, you will stilt have the
overflow on the street.
Vice Mayor Alonso: They can divide the hours because it's a well known fact
that...
Mr. Perez: Well...
Vice Mayor Alonso: ...supermarkets work out the hours in which they want
deliveries to be made, and if they kind of say, certain companies in the
morning, and some in the afternoon, they might... They're talking about three
to ten. So, it's not that many. They can try to make arrangements. Once in
a while, they might coincide because of a problem in a certain company, but
not that many.
Mr. Perez: Well, right now, here in the site plan, you can accommodate more
than four trucks. You know, we have a tractor -trailer right here which is
over...
Vice Mayor Alonso: Exactly. If they open the gate, they can get them in.
Mr. Perez: There's plenty of space there.
Commissioner De Yurre: So, then there's no problem with keeping the gate
closed at all times, except to let these trucks in.
Mr. Perez: We don't have a problem.
Commissioner De Yurre: And once they're in, you just lock it right behind
them and it remains closed throughout the day.
Vice Mayor Alonso: That's...
Mr. Perez: We don't have a problem with that.
Commissioner De Yurre: That's fair enough. OK.
Mr. Perez: DEJALA QUE ABRA LA PUERTA, CHICO. ESO NO IMPORTA.
Mr. J. Sanchez: CADA VEZ QUE VENGA UN CAMION, TU VAS A SALIR DEL
SUPERMERCADO. VAS A ABRIR LA PUERTA...
Mr. Antonio Sanchez: My name is Antonio Sanchez, and I'm his brother. And
also I'm a truck driver, you know, and I've got a distribution. I think the
261 October 22, 1992
2
{
problem they've got is with the truck and with all the traffic inside the
neighborhood, you know. And I think what they need is to permit the parking
lot, because if they close the gate, all the trucks are going to stop in the
street, and they've got more problems. What they need is to open the parking
lot to the trucks coming from 17th Avenue to 17th Street. Coming back, unload
the merchandise, and go back to 17th Avenue and leave, and don't go through
the neighborhood. That's what they need, and I don't understand that.
Commissioner De Yurre: Yeah. PERO, MIRA... Understand one thing. no you
see that map on the transparency...
Mr. A. Sanchez: Right.
Commissioner De Yurre: ...up there? Do you see all the red that is there?
Mr. A. Sanchez: Right.
Commissioner De Yurre: That is people that don't want you to do this, that
live right next to you and we're trying to find a middle ground that we can
coexist.
Commissioner Plummer: Ever considered having the trucks go the other way?
Exit by the street?
Mr. A. Sanchez: Yes, but in the... They don't have the parking lot. In the
moment they got, you know, the truck's coming and go back to the grocery, you
know. And they can't go back to 17th Avenue because they don't have space to
turn and go to 17th Avenue, and what they do, they go inside the neighborhood,
and go around the block, and come back to 17th Avenue again. And they have
all the traffic every day, in that way. If they do it in the parking lot, the
trucks can come in, back it up to the grocery store, and go back to 17th
Avenue, and don't bother the neighborhood around. Just they have the problem
with the truck. They're always going to have a problem there, because it's a
grocery and they have to unload, unload, and unload merchandise there.
Commissioner De Yurre: Which is fine, but what we're talking about is
limiting it only to trucks...
Commissioner Plummer: We're not going to get any more items tonight.
Commissioner De Yurre: ...to come in there and do... they can do their
unloading.
Mr. Sanchez: Right.
Commissioner De Yurre: Not to keep it open all the time, so all kinds of
traffic goes in and out. That is what they are trying to avoid. As opposed
to just not having any entrance period. So, I'm trying to give you what you
want, which is that whenever a truck shows up, the guy that's sweeping the
floor, you give him the keys and say, "Hey! Juanito, open up the gate and let
the truck in."
Mr. Perez: Commissioner, what I'm afraid of...
262 October 22, 1992
Mr. A. Sanchez: That way you're going to have in the street four, five
trucks, you know... One...
Commissioner De Yurre: But he just said that you only get three to ten trucks
a day. I mean, how can you have five lined up at once? I mean, it doesn't
make sense.
Mr. Perez: Well, Commissioners, the neighbors saying that... And I've spoken
with them and it's true or not true, that most of the trucks park out here. I
believe that what Madam Vice Mayor was saying, that there be a "no parking of
trucks here" signs will alleviate that problem. But, like he's saying, and I
believe it's the correct thing, that if all the... If you've got two or three
trucks parked out here to wait to open the gate, they do not have any way to
enter, they have to wait. And if a neighbor comes in, he'll find the trucks
parked there. That's the same problem that we have now. If the trucks come
in automatically, and they know that they're going to unload here, they will
not be out on the street. They will come in and they will park in the
assigned parking spaces of the truck. That's...
Commissioner De Yurre: And why can't they come out the other way? Come in
17th and leave, and exit... You open up the gate for them to leave.
Mr. Perez: Because what happens is... Who's going to control the trucks to
go into the neighborhood? This way we're controlling the trucks that they
have to come in here before they reach the neighborhood. And they cannot go
out, because there are deterrents like the spikes that will destroy the tires,
that they cannot back up and go into the neighborhood. That way we're really
making sure that the trucks will come in and not go into the neighborhood. If
we put a sign here there's no trucks and no parking for trucks, they will also
be able not to park there. So, they will know that they will be coming in and
they have assigned parking, specifically to load and unload.
Vice Mayor Alonso: OK.
Mr. Mena: May I offer a compromise on this?
Vice Mayor Alonso: Yes.
Mr. Perez: Sure.
Vice Mayor Alonso: Yes.
Mr. Mena: Now, we're trying to work with them...
Mr. Perez: Right.
Mr. Mena: ...and bend. So, let me offer another thing. Let's say that on
that proposed entrance, it's only used for tractor -trailer rigs, and any other
smaller vehicle goes through the other entrance, 17th Avenue or 18th Street.
This way there is only one type of vehicle. There is only one type of
situation there. And the rest of them come in the other way.
Commissioner Dawkins: What happens...
263 October 22, 1992
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f
Vice Mayor Alonso: Yeah. That makes sense.
Commissioner Dawkins: Mr. City Attorney?
Commissioner De Yurre: Well, that's fair enough.
Vice Mayor Alonso: That's fair enough.
Mr. Mena: I mean, we're trying to bend and we're trying to cooperate, you
know.
Vice Mayor Alonso: Yes, indeed. You are trying to...
Commissioner Plummer: You'd better come up with something because I'm going
home in ten minutes.
Commissioner De Yurre: "OYE," that's what you want.
Commissioner Dawkins: What happens...
Vice Mayor Alonso: Yes. In ten minutes and we have one more item at least.
Commissioner Dawkins: You know, everybody's saying you can't stop the trucks
from going in the neighborhood. You can stop the trucks from going in the
neighborhood.
Vice Mayor Alonso: Oh, indeed.
Commissioner Dawkins: All you have to do is post it, "No thru trucks
allowed" and put a policeman there to give them a ticket.
Commissioner Plummer: Yeah. You know how long that will last.
Mr. Mena: OK.
Vice Mayor Alonso: Yeah. OK. Now, we have here... Yes. We have now a
compromise. They have, as he says... They have bent to find a solution. If
you people agree...
Mr. Perez: That's...
Vice Mayor Alonso: ...probably Commissioner De Yurre will be ready to make a
motion.
Commissioner De Yurre: No, I think that is more than equitable. OK? Do you
guys understand what we're talking about, now?
Mr. Perez: Yes, we... If I may... May I talk? They're talking about to let
this entrance to make sure that tractor -trailers and big trucks will come in
through there. Not the small trucks.
Commissioner De Yurre: Only the trucks come in through there so they can drop
off their goods.
264 October 22, 1992
F
Mr. Mena: No. Tractor -trailer rigs. Not big trucks. A big truck can be...
Mr. Perez% Do you want the big trucks to be parked out on the street? I
don't have any problems with that.
Mr. Mena: No, no. What I'm saying is leave that entrance open only for
tractor -trailers. Any other vehicles... Any other types of trucks or vans...
Mr. Perez: Cars or something like that.
Mr. Mena: Will come in through the avenue...
Vice Mayor Alonso: Seventeenth Avenue.
Mr. Mena: Seventeenth Avenue, or 18th Street. They have two entrances there.
Commissioner De Yurre: That's fair enough.
Vice Mayor Alonso: Exactly.
Commissioner Plummer: But how do they exit?
Commissioner De Yurre: OK?
Mr. Mena: The same way.
Commissioner Plummer: Will the trucks exit south bound to 17th Street?
Mr. Mena: No, no. The trucks...
Vice Mayor Alonso: Well, the smaller trucks can back inside the parking area.
Mr. Mena: No, no.
Mr. Rodriguez: Yeah they can back out.
Mr. Perez: Yes. The smaller trucks we have...
Vice Mayor Alonso: Yes.
Mr. Perez: We have parking here for the smaller trucks...
Vice Mayor Alonso: Sure.
Mr. Perez: ...that can come in here and park in here and unload it. That's
no problem.
Mr. Mena: All the exits will be out this way. There will be no exit into the
street.
Mr. Perez: That is correct. We would still be putting the deterrent, so they
can't go over there.
Mr. Mena: OK. Everything else stays the same...
265 October 22, 1992
Mr. Perez: Right.
Mr. Mena: ...except that only tractor -trailers will come in this way. Any
other type of vehicles will come in this way or this way, and then turn around
here. They have enough room.
Vice Mayor Alonso: All right. If we've got...
Mr. Perez: Yeah.
Vice Mayor Alonso: ...have an agreement, eight minutes, so we need a motion.
Commissioner De Yurre: OK. Well, I move that we approve this item as
proposed, with the proviso that only the tractor -trailer trucks can come in
through that 17th Street entrance. Every other truck must come in through...
Or, any other vehicle, must come in through the 17th Avenue.
Mr. Perez: That is correct.
Commissioner De Yurre: Thank you.
Mr. Perez: We do agree on that.
Commissioner Plummer: Subject to any other covenants that they have already
volunteered.
Mr. Perez: And we agree to proffer all the covenants and everything.
Commissioner De Yurre: OK.
Mr. Maxwell: Mr... Madam Vice Mayor?
Vice Mayor Alonso: Yes.
Mr. Maxwell: May I interrupt for a moment?
Vice Mayor Alonso: Yes.
Mr. Maxwell: What you have is a comp plan amendment before you. You cannot
put any conditions on that.
Mr. J. Sanchez: Tractor -trailer or trucks?
Mr. Maxwell: And the next item before you will be the companion zoning
ordinance. What they have proposed...
Commissioner Plummer: Excuse me. Mr. City Attorney, we are not proposing any
restrictions. They are volunteering restrictions.
Mr. Maxwell: I understand, but the motion... The motion on the table right
now by Commissioner De Yurre is...
Commissioner Plummer: You misunderstood Commissioner De Yurre.
266 October 22, 1992
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F.
Vice Mayon Alonso: He was accepting the...
Commissioner Plummer: He said that he accepted all
of their...
Commissioner De Yurret Right.
i
Commissioner Plummer: ...voluntary proposals.{
Commissioner DeYurre: Of course.
f
4
Mr. Maxwell: I stand corrected, sir.
�j
Mr. Perez: That is correct.
t�
}
Commissioner De Yurre: Do we have a second?
a.
Vice Mayor Alonso: Yeah... Do we have a second?
``-
Mr. Rodriguez: Today...
Vice Mayor Alonso: Is that a second?
Mr. Rodriguez: I'm sorry.
Vice Mayor Alonso: Yes, Commissioner Dawkins.
Mr. Rodriguez: I don't know if I understood completely. They also
have a
wall included in the motion of... a six foot concrete wall?
Mr. Perez: I think this would be according to our
site plan, which will
be...
a come in. ...brin4 in...
Vice Mayor Alonso: No. It will be an opening that will only allow the...
Mr. Perez: The coming in of the trucks and we will place a deterrent device
so nobody can go outside through there.
Mr. Jorge Menendez: Is it going to be locked?
Vice Mayor Alonso: Locked?
Mr. Menendez: No, no. I mean... Yes.
Vice Mayor Alonso: Only for...
Mr. Menendez: To let the "semi -trucks" in.
Commissioner Plummer: Yeah. That covenant must be proffered to the City that
you're volunteering...
Mr. Perez: Yes. We have proffered that we're volunteering...
Commissioner Plummer: ...in less than ten days.
267 October 22, 1992
Vice Mayor Alonso: Yes. But be sure that they understand what we are saying.
Would you clarify your question, your concern, so that they can respond to
you?
Mr. Menendez: OK. What he was saying is... My name is Jorge Menendez. My
address is 1745 N.W. 17th Street. What Mario was saying was that we don't
mind having them... the "semi -trucks" go through that entrance...
Vice Mayor Alonso: Yes.
Mr. Menendez: ...and then right after they go in, they lock it up, and then
the other trucks come through the other side.
Mr. Perez: You're talking the tractor -trailers or the semi -trucks?
Mr. Menendez: Tractor... Well, tractor -trailers coming through...
Mr. Perez: No. I just want to clarify.
Mr. Menendez: Right. Tractor -trailers coming through 17th Street.
Commissioner Plummer: Such a joke.
Mr. Menendez: Right? That's what you were saying.
Mr. Mena: That's right.
Mr. Menendez: Then the gate would close and then the other trucks, small
trucks, will come in through 17th Avenue or 18th Street into the parking lot.
Mr. Perez: That is correct.
Mr. Menendez: And the gate will remain closed until the next "semi -truck" or
tractor -trailer comes in.
Mr. Perez: Well, if we're going to close the gate and have somebody there,
and we have to put a watchman there... We're putting a deterrent device so
nobody can go out there. You know...
Mr. Menendez: No. We're not saying out. What we're preventing is the other
trucks from coming through there too. So, what's the use of having them going
the other way if they can go this way?
Commissioner Dawkins: Also, Mr. Rodriguez, make sure that street is posted,
that way...
Mr. Menendez: Yes.
Commissioner Dawkins: Post a sign...
Mr. Menendez: We're all for it.
Commissioner Dawkins: "No thru street."
268 October 22, 1992
Mr. Menendez: "No thru street."
Commissioner Dawkins: "No thru trucks."
Mr. Rodriguez: We will write to the County to do so.
Vice Mayor Alonso: OK. We need clarification on the record. Are we going to
have a gate? Yes or no?
Mr. Perez: We can't have a gate. The problem is that we have also the trash
over there and all that.
Commissioner Dawkins: You have what now?
Mr. Perez: And we need to be moving in and out.
Mr. Menendez: According to what we discussed the other day, you were going to
move the trash to the other side.
Mr. Perez: Well, we're going to move the trash. The only problem is that the
trash... If we move the trash to the other side, we can't really put the
trash inside the trash bins, because we have to go all the way around to the
supermarket. We will enclose the trash bin, so that it won't have any odor
whatsoever.
Mr. Menendez: That was agreed before...
Ms. Slazyk: Which one?
Mr. Menendez: The trash.
Vice Mayor Alonso: OK. Commissioner De Yurre, how is your motion then?
Ms. Slazyk: The dumpster. Moving the dumpster.
Mr. Menendez: Yes.
Mr. Mena: That was agreed before.
Vice Mayor Alonso: What was that?
Mr. Mena: That was the agreement when we met.
Vice Mayor Alonso: You mean to have a gate?
Commissioner Plummer: No. To move the dumpster.
Mr. Menendez: To move the trash to the other side.
Vice Mayor Alonso: To move the dumpster. That was understood.
Mr. Perez: Well, we agreed. We have agreed several things and we have come
to a compromise right now. So, what we agreed before 'I don't know. We're
trying to agree what it is right now.
269 October 22, 1992
Vice Mayor Alonso: Hold on a minute.
Mr. Mena: Oh, well...
Vice Mayor Alonso: We have to understand what we have agreed on.
Mr. Perez: Right. I want to make sure...
Vice Mayor Alonso: No. He...
Mr. Perez: ...what we agreed on.
Vice Mayor Alonso: All right. Commissioner De Yurre...
Commissioner De Yurre: Now, let me ask. Is he telling me...
Vice Mayor Alonso: ...what is your motion and what do you want them to do
exactly?
Commissioner De Yurre: Let me ask this. You can't come in with a tractor -
trailer, come in from 17th and make a turn and get into the loading area?
Mr. Perez: No, no. We...
Commissioner De Yurre: I mean, physically I'm looking at it.
Mr. Perez: This way?
Commissioner De Yurre: No. Yeah, come in...
Mr. Perez: No. We can't come in with a tractor -trailer. There's no way
of...
Commissioner De Yurre: Why not?
Mr. Perez: ...that a tractor -trailer...
Commissioner De Yurre: There's what?
Mr. Perez: There's no way a tractor -trailer can back up and go out, because
he will have to go...
Commissioner De Yurre: No, no. He would go out that way and make a left
turn.
Mr. Perez: Make a left turn?
Commissioner De Yurre: Yeah.
Mr. Perez: Yes. We would do that. The only problem is that we think it...
Commissioner De Yurre: That way you control the traffic going in there and
you don't need a gate.
270 October 22, 1992
tJ
Mr. Perez: Well, we can do that.
Mr. Mena: And there will be no...
Mr. Perez: But...
Mr. Mena: ...overflow of vehicles here.
Commissioner De Yurre: And it will be only a left turn...
Vice Mayor Alonso: Do you agree to that?
Mr. Perez: TU DICES QUE ENTREN POR LA 17 Y SALGAN POR ALLA? CON QUE CAMION?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Mena: No. Well, the question is can they come in the street or in the
avenue and then make the turn, and only leave there?
Commissioner De Yurre: And make a left turn... Make a left turn on 17th and
head out.
Mr. Mena: They can do that. Sure. We have no problem with that.
Commissioner De Yurre: I think that would be good... That way you don't need
the gate.
Vice Mayor Alonso: They don't need the gate and they have the guarantee.
Commissioner De Yurre: You can just put whatever deterrents...
Vice Mayor Alonso: OK. Do you agree to that?
Commissioner De Yurre: You know, those spikes. You put them so that nobody
can come in through that way. You can only go out.
Vice Mayor Alonso: Sir, do you...
Mr. Perez: So, you want them to put them that nobody can come in...
Vice Mayor Alonso: Do you understand now?
Mr. Rodriguez: I'm sorry.
Commissioner De Yurre: You can... Nobody comes in. You can exit.
Mr. Perez: Nobody comes in. They only exit.
Commissioner De Yurre: And exit to the left.
Mr. Perez: And everybody can go out the exit that way.
Commissioner De Yurre: Yeah. To the left.
271
October 22, 1992
r
Vice Mayor Alonso: OK. What is important, that it's clear for the record
what we're doing now. This is a change of the previous move.
Commissioner De Yurre: OK.
Mr. Mena: Will they move the trash also?
Commissioner De Yurre: And you move the trash also? Yes.
Mr. Perez: Well, the problem is that we have right here a loading area which
is C-1. Right here, the trash is right here and all the outside of all
these... the supermarket, and the grocery store, and the bakery, they put
their trash here.
Vice Mayor Alonso: Virgilio, the problem is that we have two minutes and we
have to complete...
Mr. Perez: And we're proposing to enclose the trash here. That's what we're
proposing, with a wooden fence.
Mr. Mena: That was not what we agreed on and she was present at that meeting.
Commissioner De Yurre: What was the agreement that you had?
Mr. Perez: Well, what happened is that they mentioned that we put the trash
over here.
Commissioner De Yurre: OK.
Mr. Perez: But what happens is that all the cars are here. We have to go all
the way around and here. And I'll show you some pictures. No, no. We don't
have it.
Commissioner Plummer: Madam Vice Mayor, while they're looking for the other
pieces of this puzzle, I would strongly suggest that you tell the remaining
portion of the people that we'll see them on November the 12th, because 9:00
o'clock is the deadline and we do not work after 9:00 o'clock.
[AT THIS POINT, THIS ITEM WAS MOMENTARILY INTERRUPTED.]
Commissioner Dawkins: And while we're at it, I'd like to pass a resolution
that we accept the money from Kagoshima, while they're looking for what
they're looking for. I so move.
Commissioner Plummer: I second the motion.
Vice Mayor Alonso: OK. Motion and a second. Call the roll, please.
272 October 22, 1992
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-691
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A
CONTRIBUTION IN THE AMOUNT OF $34,000 FROM THE
CITIZENS OF CITY OF MIAMI SISTER CITY, KAGOSHIMA,
JAPAN, SAID CONTRIBUTION TO BE DEPOSITED IN THE
SPECIAL REVENUE FUND ENTITLED: "HURRICANE ANDREW
RELIEF ASSISTANCE".
(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
NOES: None.
ABSENT: Mayor Xavier L. Suarez
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Accepting money? You bet your bippies.
COMMENTS MADE AFTER ROLL CALL:
Vice Mayor Alonso: OK. Now, we have to finalize this.
Commissioner De Yurre: You guys come...
Mr. Perez: We... May I ask you...
Commissioner Plummer: All right. Did... Why don't you say that in Spanish
for some of the people here, that all of the remaining items will be heard on
November 12th, starting at 2:00 o'clock in the afternoon.
Mr. Rodriguez: TODOS...
Commissioner Plummer: Not you. You're on this item.
Mr. Rodriguez: TODOS LOS DEMAS... PRESENTACIONES QUE HAY CASOS EN LA AGENDA,
MENDS ESTOS DOS QUE ESTAMOS VIENDO AHORA, VAN A SER CONTINUADO PARA EL DIA 12
DE NOVIEMBRE.
Vice Mayor Alonso: DE NOVIEMBRE.
Mr. Rodriguez: POR LA TARDE.
273 October 22, 1992
Vice Mayor Alonso: OK. Now, let's conclude this item. Commissioner De
Yurre?
Mr. Perez: If I may say... May I speak with you? May I speak with him a
minute?
Commissioner De Yurre: "OYE," we're leaving.
Vice Mayor Alonso: Well, while you talk, I think this is going to be then...
Mr. Perez: SI PONEMOS EL trash AQUI, LO PONEMOS EN EL closet AQUI, Y SALIMOS
POR AQUI PARA LA IZQUIERDA, Y PONEMOS UN "left" sign AQUI, QUE ES LO QUE TU
QUIERES. ALLI NO PODEMOS. We can't put the trash there. Right now, we
have...
Vice Mayor Alonso: Definitely. I know that you're confused.
Mr. Perez: ...all kinds of air conditioning, and all that over there.
Vice Mayor Alonso: I want to... I want that they understand and that they
know exactly the responsibilities, and that we know exactly what is happening.
Mr. Mena: Excuse me.
Vice Mayor Alonso: OK.
Mr. Mena: Excuse me. Moving the trash was offered and agreed, and she was at
the meeting and she can, you know, testify to that.
Mr. Perez: Yes. That's... We...
Vice Mayor Alonso: I don't know why the trash is now a problem, because it
was not...
Mr. Perez: Right.
Vice Mayor Alonso: ...all of the hearings. Why is it now a problem?
Mr. Perez: Madam Chairman, Vice Mayor, because they mentioned that they
wanted to move the trash. When I went to...
Commissioner Plummer: Would you show me where the trash is supposed to be?
Mr. Perez: This is where they...
Commissioner Plummer: No. On the map.
Mr. Perez: This is where they want us to put the trash.
Commissioner Plummer: On the map.
Mr. Perez: On the map, right here. This is right here. We're proposing to
move it here, and enclose it in here.
274 October 22, 1992
0
Commissioner Plummer: OK. Now, sir, why do you object to the trash being
there, which has got to be at least 100 feet from the wall of the nearest
neighbor? Why do you object to that?
Mr. Mena: Because the accumulation of trash is tremendous. The volume is
very high. Besides, it was offered by him...
Commissioner Plummer: OK. Where would...
Mr. Mena: And it was agreed.
Commissioner Plummer: If you had your way, and you say they agreed, where
would you have it put, sir?
Mr. Mena: The trash - on the north side. And that was his offer and we
agreed - to move the trash over here.
Commissioner Plummer: OK.
Mr. Perez: We discussed that, but...
Commissioner Plummer: I'm trying to... I'm trying to make some sense here.
Why can't you put the trash over there?
Mr. Perez: Exactly, because we've shown in the pictures all the equipment
there that the air conditioning has and all that, plus the parking.
Vice Mayor Alonso: But the equipment was there before.
Mr. Perez: Well, but that's when I went... They suggested to move the trash,
and we said that we would move the trash if it was possible. Now, what
happens is this is C-1. We don't have any problems with the rezoning of this.
The trash is in the C-1 right here, and what we're proposing is for them, for
not to have odor, or look at the trash, to enclose it in a wooden... with a
wooden bin. We can't move it on this side here. How long will it take them
to turn, take all the trash around here to here? All the loading, unloading
and everything goes out through the back here, into the trash.
Vice Mayor Alonso: We're trying to find here a compromise.
Mr. Mena: Which is exactly what we're trying to do. As a matter of fact, as
part of the compromise, they offer that they knew the situation, they offered,
and we agreed at that meeting.
Ms. Slazyk: Just to correct... At the meeting Virgilio Perez offered a list
of items. He did not offer to move the trash. The neighbors requested that
he move the trash to the north side and he agreed.
Mr. Perez: I investigated how to move the trash and then I found out that we
have all the air conditioners and everything over there.
Vice Mayor Alonso: Do you mean you don't have the space to... You do have
the space. Are you talking to... Are you saying that the problem is the time
that it will take to put the trash?
I 275 October 22, 1992
Mr. Perez: No. Also the space that we have here.
Commissioner Dawkins: Madam City... I mean, Madam Vice Mayor?
Vice Mayor Alonso: Yes.
Commissioner Dawkins: We have five minutes to settle this...
Vice Mayor Alonso: I know.
f
Commissioner Dawkins: ...or it will be continued until the next meeting. z
Vice Mayor Alonso: OK. If you people are willing to move...
Commissioner Dawkins: No. They can come back. If they don't want to meet r
the conditions, we come back next...
Vice Mayor Alonso: ...with conditions that you find reasonable, then we take
the motion. If not, it will have to be deferred.
Commissioner De Yurre: Well, here's the motion. So, they can take it or
leave it.
Vice Mayor Alonso: OK.
Commissioner De Yurre: I move that we have that opening on 17th Street for
exit only, and making a left turn on to 17th Avenue. You cannot make a right
turn on 17th Street - making a left turn. And also, as part of my motion, I'm
moving also that we move the trash over to where the proposed site. That's my
motion. You can take it or leave it. Accept it or not accept it. That's my
motion.
Vice Mayor Alonso: OK. Do we have a second?
Commissioner Dawkins: I second the motion with the understanding that 17th
Street must be posted...
Commissioner De Yurre: Left turn only.
Commissioner Dawkins: "No left turn."
Commissioner De Yurre: No. "No right turn."
Commissioner Dawkins: And "No thru streets." "No thru... ...through the
neighborhood.
Commissioner De Yurre: No right turn.
Vice Mayor Alonso: No right turn.
Commissioner Dawkins: No right turn and...
Vice Mayor Alonso: No right turn.
276 October 22, 1992
t
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t 5
Commissioner Dawkins: ...no trucks in the neighborhood.
Commissioner De Yurre: OK.
Mr. Rodriguez: Can I...
Vice Mayor Alonso: OK. With...
Commissioner Dawkins: I second with that provision.
Vice Mayor Alonso: All right. We have a motion and a second.
Mr. Rodriguez: Could I add...
Commissioner Plummer: Can I try to build a little flexibility? OK? That
trash bin does not appear on the west side of the building. That it must
appear on the north side of the building...
Vice Mayor Alonso: Oh, OK.
Mr. Rodriguez: That's it.
Commissioner Plummer: ...but not in that one given location. You're just...
Mr. Menendez: As long as it's on the south and north sides we don't mind.
Commissioner Plummer: What? Excuse me?
Mr. Menendez: North side is fine.
Commissioner Plummer: Anywhere on the north side...
Mr. Menendez: Correct.
Commissioner Plummer: You just don't want it on the south side.
Unidentified Speaker: On the west side.
Commissioner Plummer: West side. I'm sorry.
Vice Mayor Alonso: OK.
Commissioner Dawkins: Can they...
i Vice Mayor Alonso: Yes.
i Commissioner Dawkins:
no sense in voting.
Do they accept that, before we vote? If not, there's
Vice Mayor Alonso: Yes.
Unidentified Speaker: USTED ME PERMITE HABLAR ALGO EN ESPANOL?
277
October 22, 1992
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1
Commissioner Dawkins: Hold it, Madam...
Vice Mayor Alonso: Yeah. ,lust a minute.
Mr. Rodriguez: Could I...
Vice Mayor Alonso: You wanted a clarification? Just one minute, sir.
Mr. Rodriguez., To make sure, because we're going to have to write this and
get the information.
Vice Mayor Alonso: Yes.
Mr. Rodriguez: Let me try to go over the items that I think have been
discussed.
Vice Mayor Alonso: OK.
Mr. Rodriguez: Trash on the north side of the building; a six foot CBS
(concrete block structure) wall; unity of title; restrictive use in the
subject property to parking only; close existing loading bay on the south side
and open new one at the rear of the building for exit only on 17th Street and
only for left turn; and posting of "No thru truck traffic" in NW 17th Street.
I don't know if I covered everything. "No right turns."
Commissioner Plummer: OK. But let the records...
Vice Mayor Alonso: Is it clear to both sides?
Mr. Rodriguez: "No right turns."
Commissioner Plummer: Let the records show that, for example, the signs "No
thru trucks." We have to request it...
Mr. Rodriguez: Right.
CommissionF^ Plummer: ...and it may or may not be granted by Dade County.
Mr. Rodriguez: Right.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: We do not put up those signs and we'll apply for them
to do it, and normally they will, but if they don't, I want you to know that
we tried.
Mr. Rodriguez: And we will take all this into consideration... The covenant
that will be proffered by them will be in ten days, that will be received by
the Law Department, and approved by the Law Department. And until the
covenant is fulfilled, we will not approve the building permits.
Mr. Perez: OK.
Vice Mayor Alonso: OK.
278 October 22, 1992
Mr. Perez: Also, we are offering a property unity of title. It might not be
in ten days. A unity of title, which we have proffered, but that cannot be in
ten days because we have a...
Mr. Rodriguez: How much time? Thirty days?
Mr. Perez: Well, it's... I don't know. It's got a title... You know...
Vice Mayor Alonso: Thirty days?
Commissioner Plummer: Well, heyl If he can't get...
Vice Mayor Alonso: What is reasonable? Thirty days?
Mr. Perez: What is reasonable?
Commissioner Plummer: If he can't get a certificate of occupancy, what
difference does it make how long it takes?
Mr. Perez: Right.
Commissioner Plummer: The longer it takes, the longer he's delayed himself.
Vice Mayor Alonso: Exactly. So, what do we say?
Mr. Maxwell: They... There was...
Commissioner Plummer: The covenant is to be given within ten days.
Mr. Maxwell: When would the wall be constructed?
Commissioner Plummer: That's a good...
Vice Mayor Alonso: The wall... When...
Commissioner Plummer: How long before the wall would be built? He can't get
a certificate of occupancy without the wall, right?
Commissioner De Yurre: That's right. The wall's got to be up...
Vice Mayor Alonso: Exactly.
Mr. Maxwell: If you want to make that a condition of it.
Vice Mayor Alonso: Don't go. We have PZ... to vote and PZ-12.
Ms. Matty Hirai (City Clerk): We need to call the roll, Madam Vice Mayor?
Vice Mayor Alonso: Just a minute. We need to read the ordinance.
Mr. Maxwell: Right. Yes.
Vice Mayor Alonso: OK. Roll call, please.
279 October 22, 1992
AN ORDINANCE -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR THE
PROPERTY LOCATED AT 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.
Passed on its first reading by title at the meeting of September 24,
1992, was taken up for its second and final reading by title and adoption. On
motion of Commissioner De Yurre, seconded by Commissioner Dawkins, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
NOES: None.
ABSENT: Mayor Xavier L. Suarez
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11018
------------------------------------------------------------------------------
42. SECOND READING ORDINANCE: AMEND 11000 ATLAS -- 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).
Vice Mayor Alonso: PZ-12, companion item.
Ms. Lourdes Slazyk: PZ-12. It's a companion.
Commissioner Dawkins: Moved. Seconded.
Commissioner Plummer: Third.
Vice Mayor Alonso: OK. Read the ordinance.
[AT THIS POINT, THE ASSISTANT CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD BY TITLE ONLY.)
280 October 22, 1992
� tv57
Mr. Joel Maxwell (Assistant City Attorney): Madam Vice Mayor?
Vice Mayor Alonso: Yes.
Mr. Maxwell, Can you instruct the applicant that... Could you please
instruct the applicant that all the information that they... all the charts
that they used should be given to the City Clerk.
Vice Mayor Alonso: Virgilio, are you listening to the statement?
Mr. Virgillo Perez: No. Excuse me. I was talking with Mr... Sergio.
Sorry.
Vice Mayor Alonso: Could you state it again for the record, please?
Mr. Maxwell: They are the part of the record now.
Mr. Sergio Rodriguez (Assistant City Manager): We have to clarify that.
Ms. Matty Hirai (City Clerk): The charts. That should be part of the record.
Mr. Perez: Yes, we have them...
Vice Mayor Alonso: He needs that to be... Yes.
Mr. Perez: Yes. We have them prepared in a small chart.
Vice Mayor Alonso: OK. Fine. All right.
Mr. Perez: Yes.
Vice Mayor Alonso: Wait a second. You have to vote.
Mr. Rodriguez: Wait, wait.
Vice Mayor Alonso: Don't go anywhere.
AN ORDINANCE -
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.
Passed on its first reading by title at the meeting of September 24,
1992, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Dawkins, seconded by Commissioner Plummer, the
281 October 22, 1992
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
NOES: None.
ABSENT: Mayor Xavier L. Suarez
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11019
Vice Mayor Alonso: Meeting adjourned.
Mr. Perez: Thank you, Madam Chairman.
43. CONTINUE ALL AGENDA ITEMS NOT TAKEN UP (PZ-13, PZ-14, PZ-18, PZ-19, PZ-
21, PZ-22, PZ-23 & PZ-24) TO COMMISSION MEETING SCHEDULED FOR NOVEMBER
12TH.
Mr. Sergio Rodriguez (Assistant City Manager): The items have to be
continued. The items have to be... Move to continue. Move to continue.
Vice Mayor Alonso: Oh. Wait a minute.
Unidentified Speaker: That's what we're going to do...
Mr. Joel Maxwell (Assistant City Attorney): You've got to call them back.
Vice Mayor Alonso: Commissioner Dawkins, would you come back? Don't go
anywhere. We have to move to continue for...
Ms. Matty Hirai (City Clerk): Just to continue...
Mr. Rodriguez: November 12th.
Commissioner Dawkins: Continue the rest of the items?
Ms. Hirai: Yes.
Mr. Rodriguez: To November 12th.
Vice Mayor Alonso: November 12th.
Commissioner Dawkins: So moved.
Commissioner De Yurre: Second.
282
October 22, 1992
Vice Mayor Alonso: OK. Call the roll, please.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 92-692
A MOTION TO CONTINUE ALL PLANNING AND ZONING AGENDA
ITEMS NOT TAKEN UP ON THIS DATE (PZ-13, PZ-14, PZ-18,
PZ-19, PZ-21, PZ-22, PZ-23 AND PZ-24) TO THE
COMMISSION MEETING SCHEDULED FOR NOVEMBER 12, 1992.
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
Vice Mayor Miriam Alonso
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 9:10
Xavier L. Suarez
N A Y 0 R
ATTEST:
Natty Hirai
Walter J. Foeman
ASSISTANT CITY CLERK
j y r
ti 1
283 October 22, 1992