HomeMy WebLinkAboutCC 1991-02-28 MinutesOF MEETING HELD ON FEBRUARY 28, 1991
PLANNING AND ZONING
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
INDEX
MINUTES OF REGULAR MEETING
FEBRUARY 280 1991
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ITEM SUBJECT LEGISLATION PAGE
NO. NO.
1.
2.
3.
4.
m
6.
7.
PRESENTATIONS, PROCLAMATIONS, AND
SPECIAL ITEMS:
(A)OUTSTANDING EMPLOYEES OF THE YEAR:
ANA CRUZ AND ANTHONY MAJOR.
(B)RETIRING EMPLOYEE: ADAN JIMENO -
PERSONAL APPEARANCE BY NANCY DAWKINS
EXTENDING HER APPRECIATION OF HIS
SERVICES.
DISCUSSION 1-3
2/28/91
BRIEF DISCUSSION CONCERNING POCKET DISCUSSION
ITEMS AT COMMISSION MEETINGS. 2/28/91
APPROVE FUNDING FOR LIMITED OPERATION
OF CLAUDE PEPPER FOUNTAIN IN BAYFRONT
PARK.
GRANT REQUEST BY U.S. SAILING CENTER,
INC. FOR USER FEE WAIVER - AUTHORIZE
USE OF VIRRICK GYM BOAT RAMP AND
PARKING SPACES CONCERNING 1991 LASER
CLASS MIDWINTER CHAMPIONSHIP REGATTA.
(A) DISCUSSION CONCERNING REQUEST FOR
FUNDS IN CONNECTION WITH DRUG
REHABILITATION PROGRAM IN LIBERTY CITY
(COMMUNITY OUTREACH PREVENTION AND
EDUCATION) COMMISSIONERS OFFER TO
ASSIST WITH FUNDING EFFORTS.
(B) DISCUSSION CONCERNING PRESENT
BALANCE OF $42,000 FROM THE EMERGENCY
SHELTER GRANT (SEE LABEL 7).
FIRST READING ORDINANCE: AMEND CODE
CHAPTER 39, ARTICLE II: SIDEWALK AND
STREET VENDORS - ADD NEW SECTION 39-
17.3 PROVIDING FOR ESTABLISHMENT OF
RESTAURANT ARCADE VENDING ZONES -
RESTRICT LICENSEES, ETC. - AMEND
SECTION 39-11 AND 39.17(11).
(A) (CONTINUED DISCUSSION) AUTHORIZE
CITY MANAGER TO SUBMIT 1991 EMERGENCY
SHELTER GRANT APPLICATION TO U.S.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (USHUD) ($287,000) - UPON
APPROVAL OF GRANT AWARD, EXECUTE
CONTRACTS WITH DESIGNATED GROUPS -
ALLOCATE AVAILABLE BALANCE ($42,000)
TO: BETTER WAY FOUNDATION. (SEE LABEL
S)
(B) DISCUSSION CONCERNING CITY'S
ASSISTANCE TO THE HOMELESS.
R 91-161 4-10
2/28/91
R 91-162 10-11
2/28/91
DISCUSSION 12-14
2/28/91
I
FIRST READING ORDINANCE: ESTABLISH NEW ORDINANCE 28-31
SPECIAL REVENUE FUND: EMERGENCY SHELTER FIRST READING
GRANT (FY #91) - APPROPRIATE $287,000 2/28/91
FROM U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (USHUD) 1991
EMERGENCY SHELTER GRANT.
9. AUTHORIZE CONVEYANCE TO DADE COUNTY OF R 91-164 34-43
PROPERTY AT 350 N.W. 5 STREET, BY CITY 2/28/91
DEED - SUBJECT TO METRO DADE COUNTY
AGREEING THAT YMCA WILL BE SOLE USER OF
FACILITY.
10. APPROVE REQUEST FOR INLAYING OF R 91-165 44-46
DESIGNATED NAME PLAQUES IN THE 2/28/91
INTERNATIONAL STARS WALK OF FAME ON
CALLE OCHO - STIPULATE THAT ALL FUTURE
REQUESTS MUST BE APPROVED 60 DAYS IN
ADVANCE (Approved were: Ballet
Concerto, Maria Conchita Alonso, Lucia
Mendez, Lola Flores, Rolando Laserie,
Benny More and Leopoldo Fernandez).
11. DISCUSS AND TEMPORARILY TABLE DISCUSSION 47
CONSIDERATION OF ALLEGED ZONING 2/28/91
VIOLATIONS BY WILFREDO CURBELO AT 1500
S.W. 13 STREET (See label 34).
12. (A) WAIVE REQUIREMENT UNDER PRIOR
RESOLUTION 89-830 FOR MATCHING FUNDS
FROM OTHER DADE COUNTY MUNICIPALITIES
AS A CONDITION FOR CITY FUNDING IN
CONNECTION WITH ESTABLISHMENT OF NEW
TRAUMA CENTER AT JACKSON MEMORIAL
HOSPITAL - DIRECT MANAGER TO RELEASE
PREVIOUSLY EARMARKED $300,000.
(B) COMMISSIONER ALONSO DONATES $2,000
FROM HER DISCRETIONARY FUND TO JACKSON
MEMORIAL HOSPITAL FOR THE ONE -STOP
DIAGNOSTIC CANCER TREATMENT CENTER
(PRIMARILY FOR POOR WOMEN).
(C) CITY COMMISSIONERS EXPRESS
WILLINGNESS TO WORK TOWARDS THE
COUNTY'S PROPOSED INCREASE OF ONE PENNY
(1C) IN SALES TAX, PROVIDING ONE
HUNDRED PERCENT OF REVENUES IS
DESIGNATED TO JACKSON MEMORIAL
HOSPITAL.
13. INSTRUCT ADMINISTRATION TO REPAIR ROOF
OF CITY -OWNED BUILDING (GIBSON
AUDITORIUM) PRESENTLY OCCUPIED BY
COCONUT GROVE FAMILY HEALTH CENTER.
14. WAIVE ALL BUILDING AND ZONING PERMITS,
CERTIFICATE FEES, DOCKAGE FEES AT FEC
PROPERTY, AND STREET CLOSURE AND BANNER
FEES REQUIRED IN CONNECTION WITH 1991
GRAND PRIX.
15. DISCUSS AND CONTINUE PROPOSED SECOND
READING ORDINANCE AMENDING 9500 ATLAS
AT 1400 N.W. 10 AVENUE FROM 01/7
OFFICE -INSTITUTION TO 0I/9 OFFICE -
INSTITUTIONAL (Applicant: West Brighton
Assoc.) (Continued to March 28th
meeting).
R 91-166 48-53
DISCUSSION
2/28/91
lb.
DISCUSS AND REFER TO CITY MANAGER
DISCUSSION
58-63
PROBLEMS RAISED CONCERNING STREET ICE
2J28/91
`.
CREAM VENDORS,
17.
DIRECT CITY MANAGER TO SEEK ALTERNATIVE
M 91-169
63-66
SITES FOR PROPOSED CHILD CARE FACILITY
2/28/01
TO BE DEVELOPED BY ALLAPATTAH-WYNWOOD
DEVELOPMENT CORPORATION (previously
-
approved by Resolution 90-853 for
construction in Allapattah Residential
Mini Park),
18.
SECOND READING ORDINANCE: AMEND SIi00
ORDINANCE
67-68
ATLAS AT 720 N.E. 69 STREET FROM RG-2/5
10844
GENERAL RESIDENTIAL TO RG-2/6 GENERAL
2/28/91
s'
RESIDENTIAL (Applicants Palm Bay Club
Towers Condominium Assoc., Inc.).
19.
SECOND READING ORDINANCE: AMEND 10544
ORDINANCE
68-71
-
(MCNP), FUTURE LAND USE PLAN MAP -
10845
CHANGE DESIGNATION AT 3260 S.W. 8
2/28/91
STREET (WOODLAWN CEMETERY) FROM MAJOR
PUBLIC FACILITIES, TRANSPORTATION AND
UTILITIES TO RESTRICTED COMMERCIAL
(Applicant: Planning, Building & Zoning
Dept.).'—
{
20.
SECOND READING ORDINANCE: AMEND 11000
ORDINANCE
72
ATLAS AT 3260 S.W. 8 STREET(WOODLAWN
10846
CEMETERY) FROM G/1 GOVERNMENT AND
2/28/91
INSTITUTIONAL TO C-1 RESTRICTED
}
COMMERCIAL (Applicant: Planning,
Building & Zoning Dept.).
21. SECOND READING ORDINANCE: AMEND 10544
(MCNP), FUTURE LAND USE PLAN MAP -
CHANGE DESIGNATION OF BLOCK BOUNDED BY
N.E. 50 TERRACE AND N.E. 51 STREET
BETWEEN N.E. 2 AVENUE & N.E. 1 COURT
(JEWISH HOME) FROM SINGLE FAMILY AND
MEDIUM DENSITY MULTIFAMILY RESIDENTIAL
AND RESTRICTED COMMERCIAL TO MAJOR
PUBLIC FACILITIES, TRANSPORTATION AND
UTILITIES (Applicant: Planning,
Building & Zoning Dept.).
22. SECOND READING ORDINANCE: AMEND 10544
(MCNP), FUTURE LAND USE PLAN MAP -
CHANGE DESIGNATION OF BLOCK BOUNDED BY
N.E. 52 STREET & N.E. 52 TERRACE
BETWEEN N. MIAMI AVENUE & N.E. MIAMI
PLACE (AS EXTENDED) AND REMNANT PARCELS
TO THE SOUTH, WEST OF N.E. MIAMI PLACE
(JEWISH HOME) FROM SINGLE FAMILY AND
DUPLEX RESIDENTIAL TO MAJOR PUBLIC
FACILITIES, TRANSPORTATION AND
UTILITIES (Applicant: Planning,
Building & Zoning Dept.).
23. SECOND READING ORDINANCES AMEND 11000
ATLAS - CHANGE DESIGNATION OF BLOCK
BOUNDED BY N.E. 50 TERRACE & N.E. 51
STREET BETWEEN N.E. 2 AVENUE N.E. 1
COURT (JEWISH HOME) FROM R-1 SINGLE
FAMILY, R-3 MEDIUM DENSITY MULTI FAMILY
RESIDENTIAL C-1 RESTRICTED COMMERCIAL
TO G/I GOVERNMENT INSTITUTIONAL
(Applicant: Planning, Buildin@ &
Zoning Dept.).
ORDINANCE
10847
2/28/91
ORDINANCE
10848
2/28/91
ORDINANCE
10849
2/28/91
73-74
24. SECOND READING ORDINANCE: AMEND 10544
(MCNP) FUTURE LAND USE PLAN MAP -
CHANGE DESIGNATION AT 35-57 N.E. 52
TERRACE 30-58 N.E. 53 STREET (JEWISH
HOME) FROM MAJOR PUBLIC FACILITIES,
TRANSPORTATION AND UTILITIES TO DUPLEX
RESIDENTIAL (Applicant: Planning,
Building & Zoning Dept.).
25. FIRST READING ORDINANCE: AMEND
11000 ATLAS CHANGE DESIGNATION
OF BLOCK BOUNDED BY N.E. 50
TERRACE N.E. 51 STREET BETWEEN
N.E. MIAMI PLACE N.E. 1 COURT
(JEWISH HOME) FROM R-1 SINGLE
FAMILY TO G/I GOVERNMENT AND
INSTITUTIONAL (Applicant:
Planning, Building & Zoning
Dept.).
26. DISCUSS AND TEMPORARILY TABLE PROPOSED
FIRST READING ORDINANCE AMENDING 10544
(MCNP), FUTURE LAND USE PLAN MAP, BY
CHANGING DESIGNATION AT 2557-2613 S.W.
1 STREET (LESS S. I OF LOTS 16, 17 &
18 AND LESS E 1' OF LOT 18) (RANDLE
EASTERN AMBULANCE SERVICE) FROM DUPLEX
RESIDENTIAL TO RESTRICTED COMMERCIAL
(Applicant: Cruz & Cruz) (See label
31).
27 DISCUSS AND CONTINUE PROPOSED FIRST
READING ORDINANCE AMENDING 11000 ATLAS
BY CHANGING DESIGNATION OF BLOCK
BOUNDED BY N.W. 10 & 11 STREETS BETWEEN
N.W. 4 COURT AND 5 AVENUE (YWCA, CHILD
CARE & HEALTH CLINIC SITE) FROM R-3
MEDIUM DENSITY MULTI FAMILY RESIDENTIAL
TO G/I GOVERNMENT AND INSTITUTIONAL
(Applicant: Planning, Building &
Zoning Dept.) (See label 33).
28. INSTRUCT CITY MANAGER TO ORGANIZE EVENT
IN ORANGE BOWL TO WELCOME HOME TROOPS
RETURNING FROM THE PERSIAN GULF iSee
label 30).
29. DISCUSS AND CONTINUE CONSIDERATION OF
PROPOSED FIRST READING ORDINANCE
AMENDING 11000 ATLAS AT 245-299 N.W. 55
COURT (FLAGLER MEMORIAL CEMETERY) FROM
R-2 FAMILY RESIDENTIAL TO C/I
GOVERNMENT AND INSTITUTIONAL
(Applicant: Planning, Building &
Zoning Dept.) (Continued to March
28th).
30. (Continued Discussion) SOLICIT ORANGE
BOWL COMMITTEE TO ASSIST IN WELCOME
HOME CELEBRATION FOR TROOPS RETURNING
FROM THE PERSIAN GULF (See label 28).
ORDINANCE
10850
2/28/91
ORDINANCE
FIRST
READING
2/28/91
DISCUSSION
2/28/91
78
19
79-89
M 91-170 89-99
2/28/91 '
M 91-171 99-100
2/28/91
M 91-172 101-122
2/28/91
31, (Continued Discussion) FIRST READING ORDINANCE 123-129
ORDINANCE= AMEND 11000 ATLAS - CHANGE FIRST READING
DESIGNATION AT 2557-2613 S.W, 1 STREET 2/28/91
(LESS S 1' OF LOTS 16, 17 & 18 AND LESS
E 1' OF LOT 18) (RANDLE EASTERN
AMBULANCE SERVICE) FROM DUPLEX
RESIDENTIAL TO RESTRICTED COMMERCIAL -
COVENANT PROFFERED (Applicant: Crux &
Cruz) (See label 26). t
32.
FIRST READING ORDINANCE: AMEND 11000
ORDINANCE 129
ATLAS AT 2557-2613 S.W. 1 STREET (LESS
FIRST READING
S 1' OF LOTS 16, 17 & 18 AND LESS E 1'
2/28/91
OF LOT 18) (RANDLE EASTERN AMBULANCE
SERVICE) FROM R-2 TWO FAMILY
RESIDENTIAL TO C-1 RESTRICTED
g'
COMMERCIAL, REMOVING SD-12 OVERLAY
DISTRICT - COVENANT PROFFERED
(Applicant: Cruz & Cruz).
33.
(A) (Continued Discussion) RECONSIDER
M 91-173 130-131
PRIOR MOTION WHICH CONTINUED
ORDINANCE
CONSIDERATION OF PROPOSED FIRST READING
FIRST READING t
ORDINANCE AMENDING 11000 ATLAS BY
2/28/91
CHANGING DESIGNATION OF BLOCK BOUNDED
BY N.W. 10 AND 11 STREETS BETWEEN N.W.
4 COURT AND 5 AVENUE (YWCA, CHILD CARE
AND HEALTH CLINIC SITE) FROM R-3 MEDIUM
DENSITY MULTI FAMILY RESIDENTIAL TO G/1
GOVERNMENT AND INSTITUTIONAL.
(B) FIRST READING ORDINANCE - AMEND
11000 ATLAS - CHANGE DESIGNATION OF
BLOCK BOUNDED BY N.W. 10 AND 11 STREETS
BETWEEN N.W. 4 COURT AND 5 AVENUE FROM
R-3 MEDIUM DENSITY MULTI FAMILY
RESIDENTIAL TO G/I GOVERNMENT AND
INSTITUTIONAL (Applicant: Planning,
Building & Zoning Dept.) (See label
27).
34.
(A) (Continued Discussion) DISCUSSION
M 91-174 132-148
CONCERNING ZONING VIOLATIONS BY
DISCUSSION
WILFREDO CURBELO AT 1500 S.W. 13 STREET
2/28/91
(See label 11).
(B) DIRECT CITY ATTORNEY TO BEGIN
FORECLOSURE PROCEEDINGS AGAINST
PROPERTY OWNERS FOUND GUILTY OF CODE
VIOLATIONS BEFORE CODE ENFORCEMENT
BOARD WHO DO NOT COMPLY WITHIN 90 DAYS.
(C) COMMISSIONER ALONSO COMPLAINS
ABOUT INCORRECT USAGE OF HER NAME BY A
MEMBEROF THE ROADS ASSOCIATION AND
CODE ENFORCEMENT BOARD.
35.
DISCUSS AND TEMPORARILY TABLE PROPOSED
DISCUSSION 148-154
FIRST READING ORDINANCE AMENDING 11000
2/28/91
ATLAS BY CHANGING DESIGNATION AT 2811
S.W. 22 AVENUE FROM PR PARKS AND
RECREATION TO R-1 SINGLE FAMILY
RESIDENTIAL AND SD-18 MINIMUM LOT SIZE
(OVERLAY) DISTRICT (Applicant:
Planning, Building & Zoning Dept.) (See
label 37).
;4
36. DISCUSS AND C014TINVE PROPOSED DISCUSSION
CONSIDERATION OF FIRST READING 2/28/91
ORDINANCE AMENDING 11000 (ARTICLES 4,
6, & 25), RECOGNIZING EXISTING MARINAS
/ ANCILLARY FACILITIES AND ESTABLISHING
REQUIREMENTS FOR ACCESSORY USES#
ALLOWING OCCUPANCY OF PRIVATE PLEASURE
CRAFT AS LIVING QUARTERS (LIVE-ABOARDS,
HOUSEBOATS); CLARIFYING THAT OCCUPANCY
OF PRIVATE PLEASURE CRAFT AS LIVING
QUARTERS IS PROHIBITED IN RESIDENTIAL
AREAS, etc. (Continued to March 28th).
¢
37.
Continued Discussion) FIRST READING
ORDINANCE
156-157
ORDINANCE: AMEND 11000 ATLAS - CHANGE
FIRST READING
$.
DESIGNATION AT 2811 S.W. 22 AVENUE FROM
2/28/91
PR PARKS AND RECREATION TO R-1 SINGLE
FAMILY RESIDENTIAL AND SD-18 MINIMUM
LOT SIZE (OVERLAY) DISTRICT (Applicant:
Planning, Building & Zoning Dept.) (See
-
label 35).
38.
APPROVE OFFICIAL VACATION AND CLOSURE
R 91-175
157-161
OF PORTIONS OF ALLEYS IN BLOCK BOUNDED
2/28/91
BY N.E. MIAMI COURT, N.E. 17 STREET,
N.E. MIAMI PLACE AND N.E. 17 TERRACE AS
f;-
CONDITIONS FOR APPROVAL OF TENTATIVE
PLAT: OMNI PLAZA (Applicant: MMH
Enterprises, Inc.).
39.
AFFIRM ZONING BOARD'S GRANTING OF
R 91-176
161-164
SPECIAL EXCEPTION TO ALLOW RENEWAL OF
2/28/91
EXISTING DRIVE -THROUGH FACILITY AT 1400
S.W. 8 STREET, PREVIOUSLY APPROVED ON
JANUARY 23, 1986 FOR McDONALD'S
RESTAURANT (APPLICANT: McDonald's
Corporation).
s
40.
DENY APPEAL AND AFFIRM ZONING BOARD'S
R 91-177
164-180
DENIAL OF SPECIAL EXCEPTION TO A,.LOW
2/28/91
CONSTRUCTION / OPERATION OF AN EXTENDED
CARE FACILITY FOR 56 SUBSTANCE ABUSE
CLIENTS AT 626 N.W. 11 AVENUE & 627-699
N.W. 11 AVENUE & 1058-1098 N.W. 7
STREET - COVENANT PROFFERED
;-
(Appellants/Applications: Jorge
Lamadrid, George C. Stubts,
InterAmerican Engineering Corp.).
41.
SECOND READING ORDINANCE: AMEND 11000
ORDINANCE
180-190
FOR BLOCK BOUNDED BY BISCAYNE
10851:
-
BOULEVARD, N.E. 60 STREET AND N.E. 5
2/28/91
COURT FROM 0 OFFICE TO GI GOVERNMENTAL
{:
AND INSTITUTIONAL (LOTS 1-6, BLOCK 4 -
r
BAYSHORE REVISED SUBDIVISION) -
CONTINUE REMAINING PORTIONS OF PROPOSED
-
ORDINANCE TO JULY 25TH MEETING (LOTS 2
-
AND 3, BLOCK E - BAYSHORE REVISED
4l
SUBDIVISION) - COVENANT PROFFERED
Aa
(Applicant: Cushman School).
�j
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42.
DISCUSS AND TEMPORARILY TABLE
DISCUSSION
190-191
CONSIDERATION OF APPEAL BY EDGEWATER
2/28/91
AREA ASSOCIATION (OVERTOWN EDGEWATER
OMNI WYNWOOD - OEOW) OF ZONING BOARD'S
-, _
GRANTING OF SPECIAL EXCEPTION TO ALLOW
r-
x;
CONSTRUCTION AND OPERATION OF RESCUE
,.
MISSION AND TRANSIENT FACILITY
(CAMILLUS HOUSE) (See label 44).
d,-
4
y
43. DISCUSS AND CONTINUE APPEAL BY COCONUT
GROVE CIVIC CLUB OF ZONING BOARD'S
REVERSAL OF ZONING ADMINISTRATOR'S
DECISION THAT APPLICATION BY DEGARMO
PARTNERSHIP LIMITED FOR HEARING BEFORE
HERITAGE CONSERVATION BOARD CONCERNING
PROPERTY AT 3952 DOUGLAS ROAD DID NOT
MEET REQUIREMENTS UNDER ORDINANCE 9500
(Continued to March 28th) (Appellants
Coconut Grove Civic Club; Applicant:
DeGarmo Partnership Ltd.).
44. (Continued Discussion) APPEAL BY
EDGEWATER AREA ASSOCIATION (OVERTOWN
EDGEWATER OMNI WYNWOOD - OEOW) OF
ZONING BOARD'S GRANTING OF SPECIAL
EXCEPTION TO ALLOW CONSTRUCTION /
OPERATION OF RESCUE MISSION AND
TRANSIENT FACILITY (CAMILLUS HOUSE)
(See label 42).
(A) APPEAL GRANTED - REVERSE ZONING
BOARD'S DECISION AND DENY SPECIAL
EXCEPTION WHICH HAD BEEN CONDITIONALLY
GRANTED BY THE BOARD.
(B) DIRECT ADMINISTRATION TO REIMBURSE
BROTHERS OF THE GOOD SHEPHERD (NOT TO
EXCEED $100,000) FOR ALL LEGITIMATE
BILLS INCURRED CONCERNING THEIR SEARCH
FOR AN ALTERNATIVE SITE FOR CAMILLUS
HOUSE.
(C) RESCIND RESOLUTION 89-190, WHICH
HAD AUTHORIZED THE MANAGER TO EXECUTE
AGREEMENT WITH BROTHERS OF THE GOOD
SHEPHERD CONCERNING PURCHASE OF
PROPERTY LOCATED AT 726 N.E. FIRST
AVENUE (CAMILLUS HOUSE).
45. FIRST READING ORDINANCE: AMEND 11000 -
CHANGE PROHIBITION AGAINST HOUSEBOATS
TO HOUSEBARGES - ESTABLISH DENSITY CAPS
AND CLARIFY USES - SIMPLIFY
REQUIREMENTS - REQUIRE CLASS I SPECIAL
PERMIT FOR EMERGENCY VEHICLE ACCESS -
CLARIFY LANGUAGE REGARDING ZONING
DISTRICT BOUNDARIES - SIMPLIFY HOME
OCCUPATION LANGUAGE, etc.
DISCUSSION
2/28/91
R 91-178
R 91-179
R 91-180
2/28/91
192
193-228
ORDINANCE, 228-230
FIRST READING
2/28/91
46. CONTINUE ALL AGENDA ITEMS WHICH HAD NOT M 91-181
BEEN TAKEN UP AT THIS MEETING TO MARCH 2/28/91
28TH MEETING.
C y Y
AMANL
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 28th
day of February, 1991, the City
Commission of
Miami, Florida,
met at its regular meeting place
in the City
Hall, 3500 Pan American
Drive, Miami, Florida in
regular session.
E'
The meeting
was called to order at 9:10 a.m.
by Mayor Xavier
Suarez with the
following members of the Commission
found to be
present:
Commissioner Victor De Yurre
-
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
ALSO PRESENT:
Cesar Odio, City Manager
Jorge L. Fernandez, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez who then led
those present in a pledge of allegiance to the flag.
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1. PRESENTATIONS, PROCLAMATIONS, AND SPECIAL ITEMS:
t
(A)OUTSTANDING EMPLOYEES OF THE YEAR: ANA CRUZ AND ANTHONY
MAJOR.
(B)RETIRING EMPLOYEE: ADAN JIMENO - PERSONAL APPEARANCE BY
NANCY DAWKINS EXTENDING HER APPRECIATION OF HIS SERVICES.
t
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1. Commendation to: Ana Cruz, Senior Programmer, City of Miami
_
Computers Department who has been selected as the 111990
Outstanding Employee of the Year." -
2. Commendation to: Anthony Major, City of Miami Fire Fighter,
who has been selected as the 111990 Co -outstanding Employee
of the Year."
Commissioner Dawkins: Hold it, we've got two more.
s:4
Mayor Suarez: OK. Mr. Dawkins.
Commissioner Dawkins: Will Mr. Adan Jimeno, and Mrs. Nancy
Dawkins come forward, please.
Mayor Suarez: I'm sorry, Nancy, I didn't see you in the
audience. Would you please stay for tht- rest of the day, so that
he will be on his best behavior.
Vice Mayor Plummer: I don't know what this is, but it's sure
conflict of interest.
Commissioner Alonso: He is trying
y g to preserve his sanity.
Vice Mayor Plummer: Right. I want to know what you're
presenting to your wife, that's what I want to know.
Commissioner Dawkins: J.L. Plummer wants to know what am I
presenting to my wife. Beverly, you heed to hear this. J.L.
Plummer wants to know what am I presenting to my wife. I am
presenting a sympathy card to her for putting up with me for
thirty-eight years:
Vice Mayor Plummer: Boy, that ain't no lie!
Commissioner Dawkins: OK. Mr. Aden Jimeno started to work with
the City of Miami, January 6th 1982, and he worked from 182 to
191, and at all times he was professional. J.L. Plummer could
call him to get any street swept, anything picked up, and I could
do the same. So Adan, we in the City, are grateful to you for
your dedicated service, and we give you this plaque as your last
pay check with the City of Miami.
Ms. Nancy Dawkins: At this time, I would like to give Adan
Jimeno this plaque from the Dawkins family. A lot of you don't
know it, but when he first started in political campaign, he came
to our rescue. He helped us to put it together, he stuck with
us, and he gave us financial support an intro into the
communities. He also helps with my club. Anytime I call on him
to give a contribution, or to raise money for the girl scouts,
and for the Negro Business and Professional Women Club, I can
count on him. At this particular time, I'd like to read "a man
whose generosity is only preceded by his good looks."
Vice Mayor Plummer: Oh, that's not much generosity.
Ms. Dawkins: He is my brother. "A man who came to America in
1959 in search of freedom. A friend to the down and out, who
gives financial assistance to those who badly need it. A
dedicated employee of the City of Miami for many years. As a
personal friend of ours, he has demonstrated to us, that there
are not many people left in the City like you. So, we give
thanks to you for the service that you have so generously given
to our community. You have earned an A plus. From Commissioner
Miller Dawkins, and Mrs. Nancy S. Dawkins, February 14, 1991."
Vice Mayor Plummer: So be it.
Commissioner Alonso: Let me take this opportunity to also say a
few words about Adan Jimeno. I have had the opportunity to work
with him through the years, and I respect him as a person, I
respect him for the work he did for Miami, and of course, for
those of us who call him a friend, have in our heart a very
special place, but also, for the citizens of Miami who have seen
him working through the years, for the betterment of Miami. So,
I feel very proud to be here when he is honored this morning.
Commissioner Dawkins: Get out of there, J.L. That's for the two
ladies.
Vice Mayor Plummer: I'm protecting the ladies.
Commissioner Dawkins: Oh, you're protecting the ladies?
Mr. Adan Jimeno: Thank you, very much.
Vice Mayor Plummer: Mr. Mayor, let me just add one very short..,.
Adan Jimeno in my estimation was the man who came about the
theory that says, "get the job done and let the paper work follow
up." And it was always with full knowledge that if you called
him, it was done, and it was done right. And I think that's says
a lot for him.
2 February 20,
---------------------------------------------
NOTE FOR THE RECORD: At this point, the
Mayor recognizes former County Commissioner
Beverly Phillips.
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3
2. BRIEF DISCUSSION CONCERNING POCKET ITEMS AT COMMISSION
MEETINGS.
-__-.-_----__-._r_-.__rr--.rrr_r-.___-__--.--.--___ 4
-------------
Vice Mayor Plummer: Are we going to do pocket items?
Commissioner Dawkins: Yes.
Mayor Suarez: OK. Yes, Commissioners, if you have any emergency
items, please let us know at this point, and let me suggest a
procedure for future reference. I appreciate the memos you have
sent, in particular, Commissioner Dawkins and Commissioner De
Yurre warning us in advance of what might come up that we should
be aware of, and that presumably we could take some action on, on �'—
an emergency basis. What I would like to propose is that we do
those items... what is the latest proposal from the joint meeting
of my staff and the Managers... is it... you want to do it at the
end of the morning, is it? - or at the beginning of the
afternoon?
F
Mr. Odio: Whatever she says. _
Mayor Suarez: That we try to do those item at 2:00 p.m. that
way, we won't delay the morning items, and at the same time, we
won't keep people who have those items, waiting all morning. F
which really does nobody any good. And we all try to re -assemble
at 2:00 p.m. and go quickly through any of those last minute
!
emergency items. Commissioner Alonso.
Commissioner Alonso: Mr. Mayor, I have one item...
i
Mayor Suarez: Please.
i
Commissioner Alonso: ... one pocket item that I'd like to bring
at 11:00 a.m. if it's possible. It's going to be a short item,
so if I am allowed to present that at 11:00 a.m.
Mayor Suarez: Absolutely.
Commissioner Alonso: Thank you.
Mayor Suarez: And just let the people know that we will try to
take those up in general in the future at 2:00 p.m., between 2:00
and 2:30 p.m., we can get those out of the way, and they won't
sit here all morning, and otherwise feel compelled to spend their
}
day with us unnecessarily, and at the same time, won't delay the
?'
morning agenda. So, if you have any of those items here ready to
be done today, since we haven't given any prior warning of this.
Vice Mayor Plummer: I think there are two types of pocket items.
There is one pocket item in which the Commissioners, ourselves,
bring up, and there is a second type of pocket item in which
people ask to be heard out of the agenda which in effect, is a
pocket item. I think in all fairness, the Commission bringing up
a pocket item, should have the right to do so whether it's at
2.00 o'clock, or 9:00 o'clock, or whenever that Commissioner
feels it's that important. The other policy that we had and
worked out very well, is that non-scheduled agenda items would be
heard at the end of the regular agenda, so we didn't
inconvenience the people who came here knowing fully well that
they were item number so and so. And speaking for myself only, I
think that is a good policy that non-scheduled agenda items be
heard at the end of the day, if we have the time. So that we
don't have to, as we have had for the last six months, at the end
of a day, we didn't get to all the agenda items, which I think
was very unfair. Now, you can establish whatever policy you
want, but I personally feel that items that are non-scheduled
should go at the end of the day, and not inconvenience those who
have been scheduled for the day.
Mayor Suarez: Yes, but the thing that worries me the most, is
along the lines of what you are mentioning, is to delay the rest
of the scheduled morning items for these non-scheduled items.
Vice Mayor Plummer: Commission initiated...
Mayor Suarez: Anytime a Commissioner wants to take up a matter
to the extent that we can do it, we will do it.
3. APPROVE FUNDING FOR LIMITED OPERATION OF CLAUDE PEPPER
FOUNTAIN IN BAYFRONT PARK.
Vice Mayor Plummer: OR. Mr. Mayor, I guess I'm travelling since
you singled out Commissioner Dawkins and De Yurre about giving an
advanced warning, I'm...
Mayor Suarez: Yes, at least they give me advance warning.
That's more than certain Commissioners to my left, extr-zme left
here do, but...
Vice Mayor Plummer: Must be Miriam.
Commissioner De Yurre: The skud process. i
Vice Mayor Plummer: I'm travelling under the Holiday Inn, that
says, "the best surprise is no surprise."
Commissioner Dawkins: Watch it, before you get a skud missile.
Vice Mayor Plummer: You are very much aware of the item, because
it's been ongoing. Mr. Mayor, I have to bri
ng up...
Commissioner Dawkins: And I'm voting no.
Vice Mayor Plummer: OR, that's fine, that's good.
Mayor Suarez: So far, you've
Commissioner against. Go ahead.
Vice Mayor Plummer; Should we give
and... what was your vote? - yes.
matter, and that is the funding of
remaining seven months. Double no,
hours of the fountain would be from
got one Manager and one
each one of those a raise,
The matter that's a pesky
t':ie Bayf ront Park for the
1 have a menu of what the ,
the seven months. For the
k
minimum that can be funded to operate is for four hours a day,
that's two at noon, and two at night, and for round numbers, it
is ninety thousand dollars ($901000). If you wish to operate the
fountain for nine to twelve hours a day, which is the other end
of the pendulum, it is a hundred and fifty-eight thousand. I'm
at the discretion of the Commission of what you want to do.
Mayor Suarez: Both of those are annualized? - on a yearly basis?
,lust for the remaining seven months.
Vice Mayor Plummerf No, sir. That is for the remaining seven
months.
Mayor Suarez: And all of it paid from revenues of the
amphitheater, right?
Vice Mayor Plummer: No, sir. As you know, we subsidize... we
the Commission, subsidize the Bayfront Park.
Mayor Suarez: That was a good try.
Vice Mayor Plummer: Sir, just for your information, the revenues
of the park are increasing.
Commissioner Dawkins: Watch this, watch this.
Vice Mayor Plummer: I am not about to sit here and tell you that
there is sufficient at this point, nor will it be at budget time
next year, but I can tell you the subsidy is in my estimation,
going to be reduced. Now...
Commissioner Dawkins: Well, do you want me to fund this on a
month to month basis, on the strength of what you get as
revenues, or should we vote your recommendation?
F
Vice Mayor Plummer: My blue brother, you do what you think is
appropriate. I am your representative there. I would like... r;f-
Commissioner Dawkins: Well that's what I'm asking you, what do
you recommend?
Vice Mayor Plummer: My recommendation is, let's clean it out for j
the remainder of this year, and you set the number that you feel
that is appropriate.
Mayor Suarez: I think of the two, no one is, at this point, even _
contemplating the higher of the two, so.
Vice Mayor Plummer: Well, you know...
Mayor.Suarez: If we can get a motion on the lower of the two, we
could...
Vice Mayor Plummer: My father used to tell me, itwasa mean man
who wouldn't compromise, and if would like to consider, we can go
in between. —
Commissioner Dawkins: OK. I will vote for the lower amount if
J.L. Plummer recommends it. J.L. Plummer is the one we>put-over
there to bring back recommendations. I don't want J.L. Plummer
to come back and recommend two to me. He tell me one or the
other, and I'll go along with it.
Vice Mayor Plummer: I'll then make a motion for the lower amount 7
r%f fnllr hnIIra a d a V of a4&htV..n{na thnf.eanA W4nn hflnAreA o"A 7
Commissioner Dawkins: Under discussion. I will be here in 092
and 193: This is the last money I will vote to do anything with
the fountain, If the fountain cannot support itself, then we
will have to cut it off, and look at it as a bad investment,
Anything you give to operation of the fountain next year I expect
you to give me the same amount for City of Miami parks to buy
equipment.
Vice Mayor Plummer: To my blue brother, we are just for your
edification, we are working on a plan of the electricity now,
that hopefully, if successful, will reduce greatly, the cost.
Mayor Suarez: OK.
Vice Mayor Plummer: I want to tell you that we are trying to
work towards something similar for the entire month of December,
in which we would have a spectacular seasonal display down there,
which would draw very similar to what is Enchanted Forest. We
are working very hard, and I can tell you, if that is successful,
that in fact, there will be no subsidy next year. So, we are
working, we are working with Bayside and the Rouse Company to try
to put on... American Bandstand wants to do things, it is moving.'
Mayor Suarez: OK. Anything further from any Commissioners?
Commissioner Alonso: Yes.
Mayor Suarez: Commissioner Alonso.
Commissioner Alonso: I would like to make a comment. I believe
that the fountain should be self supporting. I get the messages
from the trust, that they feel they are above us. In many
occasions, they have come with comments that they can take care
of themselves. So, since they don't need us, and even worse, they
don't need the citizens of Miami, I cannot support their request.
Commissioner De Yurre: The situation as it was presented in the
past, - and I just for the record, I don't think we need a
clarification - is that, unless the fountain operates a minimum of four hours a day, it is in a position that it will break down, i
or...
i
Vice Mayor Plummer: It will be extremely high maintenance.
Mayor Suarez: Deteriorate?
Vice Mayor Plummer: Yes.
Commissioner De Yurre: What do we mean by... exact... by a high
maintenance?.
Vice Mayor Plummer: If you don't work the pumps, and you don't
work the mechanics of the thing, Victor, it's like a boat. If
you don't use it, your maintenance gets extremely high.;
Commissioner Alonso: And if I may add a comment. I agree with
what Commissioner Plummer is saying, it is true. But it
really... it's beyond me why we don't plan maintenance when we go
in constructions as high as this park, when we went ahead and
invested over thirty million in a park, and then we .don't have
enough funds to maintain that property. That's why I am so '
concerned when we go ahead in a construction of whatever it is
that needs maintenance, and then we don't have the funds to do
so, and we see it right now in a park that has cost the tax :.k!
payers close to forty million, and still, we don't have money_ to
maintain that property. I had the impression, and I guess all of }'
us, citizens of Miami, we were told that the money was going to
come from private donations, sponsors, and we see that we ar�p
here now again, one more time, saying yes to maintenance of the
nark. and wa don't have it for othar naiohhnrhnnA nnrlra hil# rue
0
Vice
Mayor Plummer:
Madam Commissioner, let me
say to
you, as
you
were not aware, but
others of this Commission
were, I
was the
real
objector to the
park from day one. I screamed, hollered,
and
did everything.
1 did not ask to become the
liaison
to this.
But
now since you
are taking over as the
loudest
in the
screaming,
I would invite
you to take my place.
Commissioner Alonso: I would not, because I don't think I can
work with a trust that feels that it's above this Commission,
otherwise I would be happy to take the job, even if it's a very
difficult one, as I know it is for you at the present time. But
working with people that can work and listen to our
recommendations, and approach, and that way we can work in good
terms. But when they feel that they are above the citizens of
Miami, it's difficult for me to work with them.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: I think Commissioner Plummer should say
that he and I objected. I was one of the... the two of us.
Vice Mayor Plummer: Excuse me, I correct that.
Commissioner Dawkins: See, but since he is running, he wants to
take all of the credit, so let him have it. I don't have a
problem with it. But Mr. City Attorney... Mr. Mayor, please a
point of special privilege.
Mr. Fernandez: Yes, sir.
Mayor Suarez: Go ahead, Commissioner.
j
Commissioner Dawkins: To cut off debate, do you call an
order of
the day according to Mason's Rules of Order, or what do you
do?
f:
Mr. Fernandez: You turn around and look at the Mayor,
and ask
-
the Mayor, "Mayor will you please call the vote on it?"
Commissioner Dawkins: OK.
l
Mayor Suarez: You can also move to close debate.
Commissioner Dawkins: OK. All right. Now, the Mayor
says, he
wants me to say, close debate. All right? - that's my
friend,
you just worked for us. So, from now on, I'll just say,
close
debate.
Mr. Fernandez: Just turn around...
Vice Mayor Plummer: Mr. City Attorney.
Mr. Fernandez: Yes, sir.
g
;a.
Vice Mayor Plummer: How do you exclude a City Commissioner
from
talking too much?
Mayor Suarez: We have a big hammer back there. Would
somebody
bring me that big...
Commissioner Alonso: That's a very good suggestion, he
is going
to...
Mayor Suarez: ... that huge Commissioner buster tool
that we
have? OK. Couple of things just quickly...
v
Vice Mayor Plummer: Can you call the roll?
'
y�
Mayor Suarez: Yes, but I did want to may something too,
remember
Y v
fellows, ladies.,f
1
:3g7
i
S # kx
Mayor Suarez: Thank you. I just want to point out something.
Commissioner Alonso, properly points out that this committee is
really not a trust, it is an advisory committee. We probably
should never call it a trust. Just so that they don't think that
they own any assets, which trustees usually do, they are an
advisory committee... Manager, you can argue with me all you
want, you are not going to convince me otherwise.
Mr. Odio: No. But you better change the ordinance then.
Vice Mayor Plummer: The ordinance does.
Mr. Odio: Because you voted an ordinance that gave them...
Mayor Suarez: Maybe, we ought to change the ordinance, if it
makes sense, but I don't see them being a trust in any sense that
I am familiar with the word. And if that needs to be clarified,
a,
we will be happy to change the ordinance. The other thing is, we
are all working cooperatively to make sure that Commissioner
Dawkins' vision, and all of us for next year is correct, that it
all becomes self supporting, and Vice Mayor Plummer has worked
awfully hard on it. And that includes, as I was discussing with
_
you yesterday, Ira, I don't think anybody here has any problem
with the idea that we give names to certain functions over there,
if that means that somebody is going to fund them. We give a
name to the fountain, we give a different name to the water for
all we care, if that means that they will fund the operations of
{
it. And we can give names to all kinds of things. The other
point is, I understand that you are suggesting that the
University of Miami's Civil Engineering Department look at all of
this computer hardware and hydro dynamics that are going on in
there. I am going to ask him a little bit more than that with
Vice Mayor's consent and approval, and support, which is that
g
is
they adopt the whole thing. Maybe, they can use it for part of
;;
their experimental you know, and maybe FIU, or Miami Dade
f,
Community College, in some way, adopt this fountain so that it
doesn't cost us this kind of money to operate it. Maybe, they
can try the jets running in different directions or something.
Vi M 101 I th ht b t fi h h t h
4—
ce- ayor ummer. oug a ou a s a c Wry.
Mayor Suarez: OK. Call the roll, please, on the item.
The following resolution was introduced by Vice
Mayor _
Plummer, who moved its adoption:.
RESOLUTION NO. 91-161
A RESOLUTION APPROVING AND AUTHORIZING THE
FUNDING FOR FOUR HOURS DAILY OPERATION OF THE
CLAUDE PEPPER FOUNTAIN, LOCATED IN THE
MILDRED AND CLAUDE PEPPER BAYFRONT PARK, IN
_
AN AMOUNT NOT TO EXCEED $89,922, FOR THE
REMAINING SEVEN MONTHS OF FISCAL YEAR 090-91,
—
SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted
here and on file in the Office of the City
r`=
Clerk.)
Upon being seconded by Commissioner Dawkins, the. resolution
was passed and adopted by the following vote:
t
4 f
'-
C
February
20,#
} .w
.n3, o
AYES: Commissioner Miller J, Dawkins
Vice Mayor J. L. Plummer, Jr,
—
Mayor Xavier L. Suarez
NOES: Commissioner Miriam`Alonso
Commissioner Victor De Yurre
'
ABSENT: None,
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: For the last time, yes.
Commissioner De Yurre: Before I vote, are the funds available?
Mr. Odio: No, sir.
Commissioner De Yurre: So how can we vote for this if there
isn't any money?
Mr. Odio: I don't have any monies allocated for this. I don't
have any monies left.
Commissioner Dawkins: Oh wheel
Commissioner De Yurre: Where would you find the money?
Mr. Odio: I cannot find any more money. I don't print money.
Commissioner De Yurre: So, you are saying that even if we vote
yes...
!
'
Mr. Odio: I won't be able to fund it.
l
wry..
Commissioner De Yurre: ... it cannot be funded. So, it's your
recommendation that we vote no, on:this?
I
Mr. Odio: I cannot tell you to vote for this, because we don't
j
have the money.
Commissioner De Yurre: Well, so what's your recommendation?
Mr. Odio: I'd recommend, I guess, now and forever more.
Vice Mayor Plummer: Yes, but you don't want his real
recommendation. He told me, is to find a left over skud missile.
Mr. Odio: Well, I tried to aim a skud missile, but they don't
hit anything.
Commissioner De Yurre: Based on the fact that there is no money,
and the administrator's recommendation, I have to vote no.
Mayor Suarez: I vote yes on the motion. It still doesn't pass,
does it?
COMMENTS MADE AFTER ROLL CALL:
>`
Vice Mayor Plummer: Yes, three to two. Mr. Mayor, I have one
other...`
h
Mayor Suarez: All right. Item first... Mr. Manager, I guess
you've got to let go of one of your high paid employees.
t.:
�A
t.
Vice Mayor Plummer: Mr. Mayor, as you know, the sailing center
down here...
g
Mr. Fernandez: Excuse me, Vice Mayor, Mr. Mayor, on that last
x
motion that passed, I think that you must be aware that it
passesp subject to availability of funds, Qthorwixe, you
'
would...
yg
Mayor Suarez: I would think so.
r_
Vice Mayor Plummer: OK.
Mayor Suarez: And I have a feeling that they are going to find
it. Yes, Mr, Vice Mayor.
..______..__-- -__-------
-------------
4. GRANT REQUEST BY U.S. SAILING CENTER, INC. FOR USER FEE
WAIVER - AUTHORIZE USE OF VIRRICK GYM BOAT RAMP AND PARKING
SPACES CONCERNING 1991 LASER CLASS MIDWINTER CHAMPIONSHIP
REGATTA.
Vice Mayor Plummer: The sailing center had a very, very good
Regatta down there Mr. Mayor. They would like to have their
final one of the year on March 13th and 17th with the same
provisions as they had before. It doesn't cost the City
anything, at Seminole boat launching, and the others, and I would
so move that we grant them the same that they had before. So
moved.
Mayor Suarez: So moved. No cost to the City?
Vice Mayor Plummer: No cost to the City, sir.
Mayor Suarez: Somebody second the Sailing Regatta, please. E
Commissioner Alonso: Second.
Mayor Suarez: Thank you. Call the roll.
14
x
The following resolution Was
Plummer, who moved its adoption:
RESOLUTION NO. 91-162
A RESOLUTION CONCERNING THE 1991 LASER CLASS
MIDWINTER CHAMPIONSHIP REGATTA SPONSORED BY
THE U.S. SAILING CENTER, INC. TO BE HELD
MARCH 13 - 17, 1991; WAIVING THE FACILITY
PERMIT FEE AND AUTHORIZING THE USE OF THE
VIRRICK GYM BOAT RAMP AND DESIGNATED PARKING
SPACES BY THE REGATTA SPONSOR DURING SAID
EVENT PROVIDED THAT THE SEMINOLE BOAT
LAUNCHING FACILITY REMAIN OPEN TO THE PUBLIC
DURING THE EVENT AND THAT SUCH USE IS
APPROVED BY THE MIAMI WATERFRONT ADVISORY
BOARD; AUTHORIZING THE ISSUANCE AND/OR
EXECUTION OF THE NECESSARY DOCUMENT(S), IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
SAID SPONSOR FOR THIS PURPOSE, SUBJECT TO AND
CONTINGENT UPON THE SPONSORES COMPLIANCE WITH
SUCH CONDITIONS AND LIMITATIONS AS MAY BE
PRESCRIBED BY THE COMMISSION OR THE
ADMINISTRATION OF THE CITY OF MIAMI,
INCLUDING, WITHOUT LIMITATION, THE SPONSOR'S
PAYING FOR ALL NECESSARY COSTS OF CITY
SERVICES ASSOCIATED WITH SAID EVENT,
OBTAINING INSURANCE TO PROTECT THE CITY
AGAINST ALL LIABILITY IN AMOUNTS AS
PRESCRIBED BY THE ADMINISTRATION, HIRING OF
OFF -DUTY POLICE OFFICERS) TO CONTROL PARKING
AND TRAFFIC AT SAID LOCATION, AND PROVIDING
SIGNAGE TO DIRECT THE GENERAL PUBLIC TO OTHER
BOAT RAMP FACILITIES, AND THE EVENT'S NON-
INTERFERENCE WITH THE SHAKE -A -LEG ADAPTIVE
SAILING PROGRAM.
(Here follows body of resolution, omitted
here and on file in the Office of the City
Clerk.)
1
Upon being seconded by Commissioner Alonso, the resolution
was passed and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES:
ABSENT:
Commissioner Miller J. Dawkins.
None.
11
JY-----d:---------- .rw`..r--cv.---r:w.rearwr.. ----a -------if.-----r—.r.ia,.:.—
5. (A) DISCUSSION CONCERNING REQUEST FOR FUNDS IN CONNECTION WITH DRUG
REHABILITATION PROGRAM IN LIBERTY CITY (COMMUNITY OUTREACH PREVENTION
AND EDUCATION) COMMISSIONERS OFFER TO ASSIST WITH FUNDING EFFORTS.
(B) DISCUSSION CONCERNING PRESENT BALANCE OF $42,000 FROM THE EMERGENCY
SHELTER GRANT (SEE LABEL 7).
..-.-----------------------------------------------------------------+-----_...._�
Mayor Suarez; Anything further, anyone?
Commissioner Dawkins: I have two Mr. Mayor.
Mayor Suarez: Yes, Commissioner Dawkins.
Commissioner Dawkins: I had one for a pocket item, for Mrs. Francis Scott,
but the Manager has worked out Mrs. Scott's problem. The other one is... will
the representative from COPE come forward? And this is not the congress of
racial equality. This is the COPE called Community Outreach Prevention and
Education, Inc. Will you briefly state what the problem is, and then I
will... just briefly, please.
Ms. Christine Nolan: OK. My name is Christine Nolan, I am the executive
director of Community Outreach Prevention and Education, and we are a
community based AIDS service organization located in Liberty City. And for
three and -a -half years, we have provided prevention education and counseling
to drug abusers, and their sexual partners, through a contract with the
University of Miami. In October of 1990, our contract was suddenly
terminated, and we have had trouble securing funds since that time. We are
actually in need of thirty thousand dollars ($30,000) in emergency assistance,
in order to keep our doors open while we continue to look for more substantial
funds through the 91-92 legislative appropriations, which is being sponsored
by Senator Meek, and the other competitive grants process, such as the title
one, and the title two, monies available through the Ryan White act. The work
we do is of vital significance to this community, giving the representation of
African/Americans, and drug abusers in the AIDS crisis, and we would
appreciate anything that the Commission can do to assist us at this time.
Commissioner Dawkins: OK. I just spoke with Carrie Meek on the phone and she
says that even though, she is sponsoring it, it's going to be difficult,
because there appears to be a mood in Tallahassee for capital projects only.
So you are going to have a difficult role. But I asked them to come here for
one reason. It's amazing that they want to put everything in the Black
community, until it comes to money, and when it comes to money, we can have
everything else, but we can't have the money. Now you can't make me
understand how the University of Miami could qualify itself as the aid agency
for Dade County, and have an agency operating in the black community and
decide that if the University of Miami is going to not fund it. Yet it
applies, under the umbrella of Dade County, to service Dade County. Now, I
have a problem with that. And I don't know where they get their money, from,
but I personally plan to go and let them know that either the University of'.
Miami must do just like my Fire Department, service all the members of the
community or service none of them. So, therefore, I'm going to - and I don't:
know about anybody else, - you go to my office and I'll do something out of my
contingency funds. Because you heard the Manager say, we have no money. But,
as J.L. Plummer says, if you shake that tree behind him, you usually just fall
out, but I think he shook it the last time there weren't nothing.
t
Vice Mayor Plummer: See how they trimmed it?
Commissioner Dawkins; See, nothing falls out. But I will - me and Senator
Meek and everybody here - will do all that we can to assist you, but we have
no money.
Commissioner Alonso: I will definitely work with you to
funds. So go to my office and we will be working together,
in some way,
Me. Nolan: Thank you.
4
1%
Commissioner De Yurre: Don't we have twenty thousand left of J.L.'s
unaccepted discretionary fund money?
Mr. Odio: No, I took it for the fountain. You told me to take availability
of funds, so I'm taking it from his contingency fund to run the fountain for
half an hour every day.
Commissioner Dawkins: Since we're talking, Mr. Mayor _ I hate to do this, but
with your permission I will. With the money that's supposed to come from the
emergency shelter grant, I do not understand - I'm jumping ahead, Mr. Mayor,
please - I do not understand how we get $287,000 and you spend all of it but
$42,000. And then you say - wait, let me find it because I don't want to say
what you didn't say. Yes, uh huh, but anyway, you got $42,000 left and you
tell me that all of these projects here, Mr. Manager, that ask for money that
I should take the $42,000 - here it is, here - "...the proposal received for
fiscal year clearly indicates the need for services to the homeless. The
staff recommendation leaves a balance of $42,000 which may be directed to meet
the needs identified in the proposals submitted to the City." And you got
eight proposals here...
Mr. Odio: Yes, I know.
Commissioner Dawkins: ...worth $200,000. How can you tell me to take $42,000
and meet the needs of those eight programs?
Mr. Odio: You cannot.
Commissioner Dawkins: Well, why would you put this in here?
Mr. Odio: Well, you know, we have the request, and last year what we did, we
gave $50,000 to Better Way, and if I had to recommend, I would give them the
same money again.
Commissioner Dawkins: All I'm saying, Mr. Manager, is, when you tell me to
take $42,000 and meet the needs of all the proposals that were submitted,
that's unfair to us.
Mr. Odio: OK, I won't do it again. I'll just recommend one and I would
recommend Better Way.
Commissioner Dawkins: And say the $42,000 you can take either one of these
you wanted to, because we could give them ten and forty-two thousand, I don't
know.
Mr. Odio: I would recommend that we fund Better Way again.
Commissioner Dawkins: But anyway, that's
-'a
Mayor Suarez: The wording is what the Commissioner is saying. You know, the
idea that we have $42,000 left and then you proceed to say with which we will
try to meet the needs of programs adding up to $200,000 is not the best way to
word it.
Mr. Odio: No, you're right, so...
Mayor Suarez: We should just simply say, of which this Commission will make
the policy decision of which of those programs to fund, if any. =J
f
Mr. Odio: No, that's not what he said.
Commissioner Dawkins: Mr. Mayor, he says this Florida Food Recovery, $50,000, a'
Mental Health Association of Dade County, $23,000; Miami Bridge, $60,000;
Oakland Grove Mission, $159,000. Then he tells me we got $42,000 and you
should meet the
Mr. Odio: No, you're right, you're right. I get the point
Mayor Suarez: Yes, that's not very proper wording.
you need from us, ma'am?
Ms. Nolan: No.
r?
4-
OK, anything further that
ti
It
Commissioner Dawkins: No, thank you, Mr. Mayor.
Mayor Suarez: OK, and we all join the Commissioner's offer of help in getting
you the funding that you need,
-------_.. r-..:r...i..wuv—Yc r.rwt` --draws... ------ ii+.---------,...snA.`.a-----a..ur...---......-.. ---
6. FIRST READING ORDINANCE: AMEND CODE CHAPTER 39, ARTICLE II: SIDEWALK AND
STREET VENDORS - ADD NEW SECTION 39-17.3 PROVIDING FOR ESTABLISHMENT OF
RESTAURANT ARCADE VENDING ZONES - RESTRICT LICENSEES, ETC, AMEND
SECTION 39-11 AND 39.17(il).
------------------------------------------- _-------- _--------------------
Mayor Suarez: OK, item 1. Establishment of restaurant arcade vending zones.
Any problem with this from anyone on the Commission? If not, I'll entertain a
motion on it.
Commissioner Alonso: I move.
Vice Mayor Plummer: They want to make an amendment.
Mayor Suarez: OK, please, and, Commissioner, do you want to move it with the
amendment? Are you familiar with the amendment?
Commissioner Alonso: I think so, but let me hear what...
Vice Mayor Plummer: Put the amendment on the table.
Commissioner Alonso: Yes.
Mayor Suarez: Just in case.
Mr. Matthew Schwartz: The amendment... 1!
Mayor Suarez: He just wants to build a private arcade over there for himself
or something.
Mr. Schwartz: The amendment is on page number eight, item 13, which is
section 1317.3, and it would be to delete. The way it's written now, it
precludes the carts being located there after the restaurant arcade is closed. _
We'd like the flexibility of having the carts there later in the night if we
have activities on the street in downtown Miami.
Vice Mayor Plummer: But at no liability to the City. Correct?
Mr. Schwartz: Correct. This would be at the risk of the owner.
T
Vice Mayor Plummer: OK. y
Commissioner Alonso: Yes, I accept the... ;;—
'z
Mayor Suarez: OK, so moved and accepted.
Vice Mayor Plummer: Second.
Mayor Suarez: With the modifications. Seconded, Vice Mayor. Any discussion? {
If not, please read the ordinance, Mr. City Attorney. Call the roll. "
Q
41
1% 4
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, CHAPTER 39, ARTICLE II, ENTITLED
"SIDEWALK AND STREET VENDORS," BY ADDING A NEW SECTION
39-17.3 PROVIDING FOR THE ESTABLISHMENT OF "RESTAURANT
ARCADE VENDING ZONES"; RESTRICTING LICENSEES;
PROVIDING LIMITATIONS; ESTABLISHING DESIGN CRITERIA
AND REVIEW; PROVIDING FOR PERMITS, FEES, RULES AND
REGULATIONS AND APPEALS; AMENDING SECTION 39,-11 BY
PROVIDING DEFINITIONS; FURTHER AMENDING SECTION 39-
17(11) TO PERMIT RESTAURANT ARCADE VENDING ZONES;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Was introduced by Commissioner Alonso and seconded by Commissioner
Plummer and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins ,
Commissioner Miriam Alonso 1;
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
-------------------------- ---------- ------------------------------------------
i
7. (A) (CONTINUED DISCUSSION) AUTHORIZE CITY MANAGER TO SUBMIT 1991
EMERGENCY SHELTER GRANT APPLICATION TO U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT (USHUD) ($287,000) - UPON APPROVAL OF GRANT
AWARD, EXECUTE CONTRACTS WITH DESIGNATED GROUPS - ALLOCATE
AVAILABLE BALANCE ($42,000) TO: BETTER WAY FOUNDATION. (SEE LABEL
5)
(B) DISCUSSION CONCERNING CITY'S ASSISTANCE TO THE HOMELESS.
x
------------------------------------------------------------------------------
i
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Mayor Suarez: Item 2. Are these the McKinney Act funds?
Commissioner Alonso: Yes.
Mr. Odio: Yes, sir, and this is to continue the...
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved. Does it do anything with the leftover funds?
--
a:
Mr. Odio: You have $42,000 you may not need.
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Mayor Suarez: Are you recommending?
Mr. Odio: I would recommend Better Way because they have received funds in
the past from this, but it's up to you.
s
Commissioner Dawkins: So, you're reco.... pardon me, Mr. Mayor.
=`
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Mayor Suarez: Yes, Commissioner Dawkins.
Commissioner Dawkins: You're recommending that Better Way ask for $50,000...
i
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Mr. Odio; No, they asked for... I believe they asked for $$6,000,
Commissioner.
Est,.
0
Mr. bdio: No, sir.
Ccmmiasionet Dawkins:
have left over?
...or do you recommend funding them with the balance we
Mr. Odio: With the balance you have left. Balance you have left.
Mayor Suarez: All right. Mr. Gardner. Does he want to address this? And,
air, did you want to address it also? OK. If you'd step up to the mike right
after the gentleman. I have a request from Mr. Gardner at 380 N.W. 121 Street
in the record. Go ahead, sir.
Mr. Al Gardner: Members, Commissioners, Mr. Mayor, my name is Al Gardner,
representing Oakland Grove Mission. It's a project that we're planning for
the homeless and also not just the homeless, but for those .unfortunate young
folks who'd like to have a trade and it has been stated on the applications
and also the letters that I've written...
Mayor Suarez: Is that to be located, or is it located, at 380 N.W....
Mr. Gardner: No, sir, 8261 N.E. 3rd Avenue. That's where the building is and
over the past months we've been trying, we have applied to the federal
government, we've applied to the states, and we've applied to the City for
help.
Mayor Suarez: That's barely inside the City.
Vice Mayor Plummer: It's inside the City.
Commissioner Alonso: It's inside the City.
Mayor Suarez: Just in a little corner.
Mr. Gardner: When we made application first, we went in without anyone saying
to us and we have done a lot of work on the building.
Vice Mayor Plummer: Well, wait a minute. That's right on the borderline.
Mr. Gardner: We've paid $1,700 for the fire alarm system, and many more
things; plumbing and roofing and a lot of works, so we anticipated that we
would have received some transitional grant from the federal government.
Vice Mayor Plummer: Excuse me, Mr. Mayor, let me...
Mayor Suarez: Yes....
Vice Mayor Plummer: Excuse me. Let me stand corrected. That cuts across
there at Sewell Park and this is on borderline at best as to whether or not
it's in the City or in the County. If it's in the County, it's directly
across the street at N.E. 3rd Avenue. It could be either one so I just... I'd
said it was definitely the City, but let's... we'll check it out. Excuse me,
go ahead.
Mayor Suarez: Do you have an actual building there?
Mr. Gardner:
Mayor Suarez:
Pardon m•_ sir?
Do you have an actual location there, an actual...
Mr. Gardner: That's correct.
Mayor Suarez: OK, are you in the City? Is that in the City?
Mr. Gardner: It is in the City, It has been checked out so many times and I
was told...
I guess you're right at the corner there. You're -about as
Mayor Suarez:
high,. .
vice Mayor Plummer:
It's right on the borderl. ins+,
$0
Mayor Suarez: Might, as high as you can get. And what exact kind of center
is it?
Mr. Gardner: Oakland Grove,..
Mayor Suarez: You were describing it.
Mr. Gardner: Yes, I'm describing it is like a...
Mayor Suarez: For the homeless, for...
Mr. Gardner: Homeless and also for the young boys who are wandering the
street and committing crimes. I have spoken to some contractors, and we want
to plan to teach them some trades, carpentry, plumbing, and everything, to get
them together. But first of all, they must have a place where they can be
rehabilitated, and where they can be instructed, and then we put them in the
work field.
Mayor Suarez: Well, but you say rehabilitated. That implies that you're
dealing with people who may have some sort of a problem or an addiction?
Mr. Gardner: No, not necessarily, sir. They need to be counseled. Like, for
instance, they need someone who cares.
Mayor Suarez: Are you talking about job training and job counseling?
Mr. Gardner: That's correct.
Mayor Suarez: Well, have you had... have they met with your staff? Is there
any recommendation on any of them fitting within any of our programs?
Ms. Francena Brooks: We've met with them, and the program is a really good
program and where he's located, it would fill a void for services.. There are 1
just so many of them, and they don't have funding from any other source.
Mayor Suarez: Are they going to be going through the CDBG (Community
Development Block Grant) cycle, as applicants?
Ms. Brooks: Yes, they have requested money from CD and we've indicated we
would help them with the transitional housing money that's coming down, yes.
Mayor Suarez: Transitional housing money. That's an interesting... which
transitional housing money is that?
Ms. Brooks: That's also McKinney funding. That's also through the McKinney
Act...
Mayor Suarez: Oh, McKinney Act also?
Mr: Brooks: ...through US HUD (United States Department of Housing and Urban
Development), and it provides assistance for long term care like Oakland Grove
wants to do.
Mayor Suarez: They would have residents in the.:.
Ms. Brooks: They would have residents, right.
Mayor Suarez: Overnight residents?
Ms. Brooks: Right. It's a larger program. The difference in it and in„the
emergency shelter grant though is that it'a in open competition, that,.
proposals are received from all over the nation. And I think the deadline for
those is May.
Mayor Suarez: Would we join them in their application? They're not too -late
to most the deadline, are they?
Ms. Brooks: No, it's not until May. There's a May deadline on that, So
there is a sufficient amount of time.
Mayor Suarez: OX, if you want to complete your statement, go ahead, but £:
obviously they're looking at other avenues in Gage this limited funding from
item number two does not go to your agency►.
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Mr, Gardner: Yes, Mr. Mayor, whatever avenues, sir, we can get help, we'd
really appreciate it, because we've been working very hard and I want to
appreciate the lady who just spoke a while ago and Mr. Dan Fernandez and
others who are helping just instructing us what to do. And we have great
plans, but we just needed initial step financially to go forward because we
have great plans and we have gone out on our own financially, and we have done
a..6 it's an apartment building, so it has license for everything, hotel -motel
apartment. So it's not against the zoning law or anything like that. But we
have exhausted....
Mayor Suarez: Good, no zoning problems. That's important not to have zoning
problems. We have a few of those coming up this afternoon.
Mr. Gardner: Yes, well we have no problem with that, and this thing has been
established for the past 40 years.
Mayor Suarez: All right.
Mr. Gardner: And we have brought it up to standard. There's nothing, no
violation.
Mayor Suarez: Very good.
Mr. Gardner: So, what we're actually asking...
Mayor Suarez: And, you know, really it's not up to - in a sense, it's what?
You should know, of course, if you're located in the City. You told us you
are. Our staff should be able to verify that right away. That's one of the
first steps that we take, so we shouldn't really engage in a discussion on
that. We should know in advance. All right.
Mr. Gardner: So, in my conclusion, Mr. Mayor, sir, looking at a human
standpoint and a humanitarian standpoint we are respectfully asking your
staff or any of the staff who can assist us in this matter, because it's very'
important. Thank you, sir.'
Mayor Suarez: OK, thank you, Mr. Gardner. All right, sir.
Mr. Steve Michelson: Good morning, I'm Steve Michelson with Florida Food
Recovery Project. I want to say first that I'm very concerned and feel badly
that we're all competing, because they're all needy agencies. It's
heartbreaking in so many ways. For two and a half years, we've collected
almost $6,000,000 worth of food. We're the only agency. that is really a
project concerned with all agencies. We've given $6,000,000 worth of food,
�_
donated by the food industry for free. I have a van outside loaded with
Borden product I picked up at dawn this morning. We haven't got the resources
to get all the foods that are available. You may know that we try to get an
ordinance passed at the County to get the food industry to be prohibited from
destroying foods without offering it to these charities. We are caring for
E
all the charities.
Mayor Suarez: How did that go?
Mr. Michelson: Excuse me?'
Mayor Suarez: With the County Commission?
}"
Mr. Michelson: There was an enormous protest from the food industry,
-
including all the lobbyists. A task force of 30 members of the food industry
T`
and me and Stuart Simon resolved that the food industry would rather do it on
4
a voluntary basis instead of government intervention. We said, if you have
that spirit, we'll withdraw the ordinance. We did and we're hoping now that
they'll come forth in good spirit as they said they would. We've been before
`i
you some two and a half years, patiently waiting our turn. You indicated in
the past that you would help us when we asked for $50,000 the last time -the
McKinney Act funding came through. The Better Way Foundation certainly is one
;
of our great causes, and we're concerned about them, and we give them an
enormous amount of food. And the more foods we get, the more resources we
have to collect these foods,and we are pledging to do this for free, the more
these agencies will gat food. So we hope you'll consider our request and
certainly in concern and consideration.
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Mayor Suarez: You're an interesting economic activity. The better you do,
the more resources you need, and the more we incentivize you to do better, the
more you're going to come back asking for more money. It's...
Mr. Michelson: Well, we're doing...
Mayor Suarez: But anyhow, you do a valuable service, and this community
recognizes, and this Commission certainly recognizes. I guess we're looking
to shelter people at least, and hoping that the private sector will pick up
the slack on the food and I guess no entity better than yours, and...
Mr. Michelson: Yes, the first need is food. The more food we give them, the
less they need resources to provide that and give the other social services
which are so important.
Mayor Suarez: OK, anyone else?
Commissioner Alonso: Excuse me, let me ask a question. The recommendation of
the City is for $50,000, isn't it?
Mr. Odio: Forty-two thousand.
Commissioner Alonso: Forty-two?
Mr. Odio: For Better Way.
Vice Mayor Plummer: Not for this group. -
Mr. Odio: Not for this group.
Mayor Suarez: OK.
Commissioner Alonso: You mean, the balance.
Mr. Odio: Balance.
Commissioner Alonso: But, the $50,000, they are recommended for the $50,000
that they have requested.
Mr. Odio: No.
Mayor Suarez:- Never been able to fund them. He said he's been asking us for
$50,000, I. guess, now for sometime since the McKinney Act funding,.cycles.
began, and we've never been able to fund them.-
Commissioner Alonso: So again, we are saying no to them.
Mr. Odio: Well, I'm not saying no. We're saying we don't have .any money to
fund all of these agencies.
Commissioner Alonso: But, don't we... I have some recollection that sometime
ago when they came, we said we. were going to be able to fund $50,000
somewhere. How come their turn never comes?
Mr. Odio: I don't know, it's up to you, the Commission, to decide.
Commissioner Alonso: Well, I think the feeling of the Commission at the time
was that we were very supportive of...
Mr. Odio: Fine, but I'm...
Commissioner Alonso: ... fifty thousand.
Mr.,Odios ...Commissioner, you're right. But you asked me to recommend., t
recommend Better Way, it is a very important component to the-hompleas
problem, and that's all the money we got. If you decide otherwise, ,Wi.l=be
OlAd:tn-- _.
Mayor Suarez: OK, anything further? We can hear from Better Way, if need be.
The Commissioners don't know enough about it and if we're otherwise ma'am.
Ms. Doris Maya: My name is Doris Maya, I'm with the Miami Bridge. I just
wanted to make two points. One was that two years ago, the City of Miami
asked us to move from our property because you're planning on selling it,
so:..
Mayor Suarezt How is that going? We worked awfully hard to get Miami Bridge
reestablished and we're very proud of that.
Ms. Maya: Yes, and we're very appreciative. The groundbreaking is going to
be on March 22nd and...
Mayor Suarez: You still - in the meantime, you're still back behind the
Municipal Building, right as an adjunct to....?
Ms. Mayas Um hum.
Mayor Suarez: Does Mr. Castaneda come by and help you with your tasks?
Ms. Maya: Pardon?
Mayor Suarez: It's all right, go ahead.
Ms. Maya: So the funds that we asked for, for furnishing the new shelter, and
the point I wanted to make was that Miami Bridge is the only place that takes
homeless boys over the age of ten. While there's family shelters nobody
takes...
Mayor Suarez: Would you and everyone else that receives any kind of City
support, land, resources, anything, please make a quick trek over to the Miami
Herald building and remind them of that. I just can't believe the article in
yesterday's paper, after all the effort we've expended to try to help the
homeless, and change what was a rather established mode of operation here of
just ignoring it. Now we're doing something about it and they still come out
with incorrect articles. It's incredible.
Ms. Maya: Well, David Lawrence is coming to the Bridge on Tuesday.
Vice Mayor Plummer: How about a great idea, instead of building the
'
Performing Arts on the Herald property, we can put and -make it -for the
homeless? Either that or I have a better idea and we take the top floor of
the Miami Herald and we designate that as the homeless center for Dade County.
And then I think that the editorial writers who sit up there in their enclosed
_
building would get a better feel and know exactly what's going on, because
obviously, they don't want to be confused with the facts and the article,; that
they wrote yesterday and today. So I think the top.., we .should-urge,the
Miami.Herald to take their top floor, which they're not using since the Miami
Daily News is no longer there, and turn that into the homeless center for Dade
3
County.
Commissioner Alonso: Great, is that a motion?'
Commissioner Dawkins: Is that a motion?
Mayor Suarez: Moved, seconded, very quickly by the entire rest of thin_
Commission, and passed unanimously with six votes. Yes..
i;
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Commissioner Plummer: Well, Mr. Mayor, I also don't want to exclude the
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Biltmore Hotel in Coral Gables because I think they're having problems.
Mayor Suarez: We don't want to neglect the possible great asset which is the
Biltmore Hotel in Coral Gables to feed and house the homeless. We're:.going-'to
keep working with you. We're going to keep Miami Bridge going. I thinkc if
not, some of us are going to catch the proverbial hell when we get home,.and
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so, you know,
we're very
supportive. We're pleased
that you're using City
property. I
just don't
know what else to tell you
except that we've got
$42,000 and we
hope to be
able to fund one entity that
I think may be working
very closely with
Beckham
Hall and otherwise providing
not only a shelter, as
opposed to..,
in contradiction
to what the Herald said
yesterday, but we'll be
providiag all
kinds of referral
and treatment which
is something'that has
15
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20
Februa r 2$, 19:41.
1,
taken us three years to get to that point. So, if any Commissioner wants.to
move that, otherwise we'll hear from you, as to the remaining funds or as to
'-
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the entire resolution. We've got...
—
Vice Mayor Plummer: Give me a one minute on what Better Way does.
Mayor Suarez: please, Miss Martinez.
Ms. Maria Alonso Martinez: My name is Maria Alonso Martinez. I'm vice
president of the board. I'm one of the volunteer board members. Better Way
is a 12-step house. We are a program of rehabilitation for the homeless,
addicted, and alcoholics that are roaming the streets. Last year, we served a
total of over 400 that came to our door.
Vice Mayor Plummer: What is your total budget?
Ms. Martinez: Our total budget is $180,000.
Vice Mayor Plummer: And where do you get those funds presently from?;
x—
Ms. Martinez: Donations, other than the City....
F
Vice Mayor Plummer: So what... donations?
Ms. Martinez: Other than the City of Miami funds, we operate exclusively on
donations. Last year Camillus House, because they refer quite a few clients
to us, helped us with a lot of the expenses that we had until the City of
Miami money came in. -
Vice Mayor Plummer: And what did you get last year from the City?
Ms. Martinez: Fifty thousand, sir.
Commissioner Dawkins: And your budget was $142,000?,
Ms. Martinez: Our total budget is $180,000 for the year.
Commissioner Dawkins: A hundred and eighty?
Ms. Martinez: Yes, and we serve...
Commissioner Dawkins: So you got one-third of Your budget from us almost.
r,<-
Ms. Martinez: Practically, yes. Yes.
Commissioner Dawkins: And then you're going to say... you see, these are
things that the public failed to see. Then you come down here and tell me
that your project is done through donations. See, it's not donations. It's
the public sector.
Mayor Suarez: It's a City of Miami project.
Commissioner Dawkins: That's right, it's our project.
,
Vice Mayor Plummer: Where does your facility exist?:!
Ms. Martinez: We're at 229 N.E. 24th Street.. We took over what used to be a
drug house, and cleaned up the place, set it up so that we could house up to
t;
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65 men at any one time. What we've done is brought down our census to around
50 on a daily basis because the facility is not in really good condition. So
we're concerned about the structure of the building. And we're in the process$
to see whether we can find another structure. But we will take anybody who
walks into our door. We take the indigent. We don't ask how much money you
have or anything. All we ask is, do you want to make a change.in your life?
-�
So if you walk through the door and say you want to rehabilitate, you have a
N
substance abuse problem, we will take
P you in. That's why we get referrals
`
a,
from Camillus House.
L]
Commissioner Dawkins: Out of all the negative press that the City of Miami
has gotten as to saying we don't do anything for the homeless, have you
written a letter to the editor or go to see anybody to tell them that's not
true, that we do help.
Me. Martinez: As a matter of fact, one of our clients wrote a very good
letter...
Commissioner Dawkins: No, no, you. You, as a director of the center.
x .
s Ms. Martinez: No, we as a director, no.
Commissioner Dawkins: That's all. Thank you, thank you.
Ms. Martinez: Our clients have done that and as a result of that letter, we
got...
Mayor Suarez: And to answer.'.. to further that point and the young lady's
point before about the publisher of the Herald, we're very pleased to see Mr.
Lawrence so active. It would be extremely helpful if he would then get back
to his own reporters, city editors, and editorialists, because it doesn't do
any good for that particular institution to have its publisher active if the
rest of the organization doesn't seem to notice what the publisher is doing
when he's doing something right. When he's doing something wrong, that's
another issue altogether.
Ms. Martinez: I think, however, if I could respond to that, I think that at
times when the clients who have gone through the program are presently
working, can write a letter to the editor, it is certainly much more effective
than as a board member writes a letter.
Mayor Suarez: You probably ought to make that appointment with the editorial
board. I'm sure Camillus House does it enough times. Yes?
Mr. Odio: Mr. Mayor, the funny point is that last year, they congratulate the
I
City of Miami and the County for creating Beckham Hall, and then they write_
another editorial this year saying we don't do anything for the homeless. We
never done anything for the homeless.
Mayor Suarez: They forgot about last year's editorial.
s:
Mr. Odio: So they don't even know what they write themselves.
j,
Mayor Suarez: Anyhow, Commissioners, on this item, item 2, with the complete
recommendation. Does the item as presented to us include the recommendation
on the forty-two thousand? Should we make that a...
Mr. Odio: You have to make part of the...
Vice Mayor Plummer: I got a problem, Mr. Mayor. You know...
Mayor Suarez: Vice Mayor Plummer.,
Vice Mayor Plummer: From what I have heard and the recommendation, that's`
fine.But, you know, I've taken a stance, and a strong stance, since the day`
I've came on this Commission that we do two things. One, we feed the hungry
and the other is, we take care of the poor. Or to take care of the ill.
Mayor Suarez: That's what this is though.
Vice Mayor Plummer: Well, but I'm thinking, Mr. Mayor, we have an obligation'
here from the food people who need money to supply food. And I don't think
anyone disputes that they do a good job. I would be deposed to vote today and
f
I know that this is not maybe popular, but we're not here for popularity, is
to split the two funds, giving Better Way and to give the food people... ..
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Mayor Suarez: Florida Food Recovery.
Vice Mayor Plummer: ... because then you're doing two things instead of one.
4
Now, you know, we only have limited funds.:
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Mr. Odio: Commissioner, if I clay, Mr. Mayor. I was involved with the
homeless at the Bobby Maduro Stadium, and believe me when I tell you,
Commissioner, that food it is important. But if we don't have a component
like Better Way to resolve the homeless issue, the problem that they have, we
are always going to be talking about homeless, so...
Vice Mayor Plummer: Cesar, one of the problems we have in this community is
we have too many organizations which means that a lot of it goes for
administration. I'm not saying one is good or the other one is bad. They're
probably all good. But I'm saying that there are more than one need, and food
is a daily need. Food is something - you know, to me I've said it before and
I'll say it again....
Mr. Odio: But see, but you have Camillus House feeding and they're doing a
fairly good job at that.
Vice Mayor Plummer: Cesar, these people - now ui;less you want to dispute this
menns claim that they did $6,000,000 worth of foc:d...
Mr. Odio: I cannot dispute anyone.
Vice Mayor Plummer: OK, I'm saying...
Mr. Odio: I can only tell you what I think is the best service that is being
provided today for the homeless.
Vice Mayor Plummer: The meanest man in the world to me is a man with an empty
stomach. He'll do anything.
Ms. Martinez: Vice Mayor.
Vice Mayor Plummer: Yes?
Ms. Martinez: I'd like to respond to the part on administrative cost. The
reason why the budget for Better Way is only $180,000 a year, including
everything and the staffing...
Vice Mayor Plummer: Hey, please, I wish to God that I had the money to
furnish both of you the funds that you need because you are both very
worthwhile, but we only have "X" number of dollars to split. And that's the
only thing I'm saying, and I realize it's a detriment to you. But I have
t.'
always had a policy that we feed the hungry and we treat the ill first and
foremost before we spend any other dollars. Now, to give all the money to
you, and not give any to the people that are providing the food, I think is
unfair. I think there are both needs. You're taking care of those that are
_
ill, and this other group is taking care of the food. And I'm only saying
that I think that it would be fair to split whatever money we have between the
two of you and we take care of both needs and, hopefully, your donations, you
can go out and get more donations. That's my only point.`
Ms. Martinez: OK, I just wanted to respond in a couple of ways. First of
all, the reason why we have a cost effective program is because we use
graduates of the program to come back and work in the .house...''
Vice Mayor Plummer: Sure.
Ms. Martinez; ...and they're the ones that actually provide the service. But
x'
the second thing is, is that you have to look at the homeless problem within a
whole plan of care. You cannot just say, lets just feed the hungry. We need
to be able to identify, to see who they are, what their problems are so that
we can refer them to programs that can do something for them.
Vice Mayor Plummer; Excuse me..
Ms. Martinez: It's not just the feeding, but we have to start thinking about
rehabilitating them and getting them back into this community for them to
begin to live independently and work again. And that's really important.
Vice Mayor Plummer; Nobody's disputing that. These people provide food for
more than just the homeless. They provide food for low income people, OIL?
And this Commission is charged with the responsibility of addrseing all of
-
our citizens.
f,
23 Yob ruary 28, 1994
Ll
Mr. Odio: Maybe we can solve the problem, you got an April 15th...
Mayor Suarez: Wait, please. Commissioner Dawkins, go ahead.
Commissioner Dawkins: When the discussion is over, I'm going to make a motion
to give the total amount to Beckham Hall shelter, and be finished with it.
That will be my motion.
Vice Mayor Plummer: My discussion is finished.
Mayor Suarez: OK. We have no motion before us.
Commissioner De Yurre: No, I'll make a motion, Mr. Mayor. I want you to know
that I have been a part of Better Way and that i know the work that is being
done there, and I've visited there. I think that it's an excellent job that
they're doing. We need to rehabilitate the people, you know, a maintenance
program to keep the people in the same state of being is not the answer. We
have to somehow get them out of their state of being and into the mainstream
of society. And this is one program that has worked and it works with minimal
funds. A hundred and eighty thousand dollars is practically nothing compared
to the monies that are spent in other programs and the money that is needed.
I would make a motion at this time that the requested amount be given to them
in their totality. I believe that they need eighty-six, they got fifty
already, and they need another thirty-six. So I was...
Mayor Suarez: Let me ... so moved, and if we can get a clarification. I
understood that the idea was for Better Way to work with Beckham Hall and
apply this funding and the rest of the program to the referral to be carried
out at Beckham Hall, so that these people don't just get housed, but they get
treated.
Commissioner De Yurre: Well, they've been working hand in hand, as far as
k
getting the job done.
?'
Vice Mayor Plummer: Beckham Hall has cost us almost 4 000
Y $ , per person a year.
Commissioner Alonso: What?
Vice Mayor Plummer: I think it's four thousand.
Commissioner Dawkins: If there's a second, under discussion. If not, I'll
offer a substitute...
Mayor Suarez: I'll second. I'll second.
Commissioner Dawkins: All right, substitute motion. I offer a sub... I
personally, do not feel right sitting here passing judgment on whether Better
Way Foundation is better to serve the people, Florida Food Recovery is better,
the Mental Health Association of Dade County is worse, or whatever. And with
$42, 000 it's impossible to meet the needs of th'e homeless, and we do have a
program at Beckham Hall and that program is the one of the City of Miami, and
everybody who knows about it understands that tho City of Miami works with it.
I move that the total amount be given to Beckham Hall and that the individuals
#
who say they work with Beckham Hall can go to Beckham Hall and go to work. I`
do not have to give them $42,000 to go over there to work with Beckham Hall if
'f
they say they are working with Beckham Hall. Now, that's my motion.
Vice Mayor Plummer: Mr. Mayor, I'd like to ask one question of the gentleman
from the Food Recovery. Sir, am I correct in my statement that the food you
s
provide is not only for homeless, but for low income people?
Mr. Michelson: Absolutely, we work with 84 agencies in Metro -Dade.
a=
Vice Mayor Plummer; OK, thank you, sir. I don't need a commercial. Thank
a
you.
i
4
Commissioner Dawkins: How much money did you get from Homestead?
Mr. Michelson: We have never gotten any funding from anyone.
Commissioner Dawkinst Mow much did you get from Key Biscayne?
Mr. Michelson: We have never gotten any money from anyone.
Commissioner Dawkins: How much did you get from the City of Miami Beach?
Mr. Michelson: We have never gotten any money from anyone.
Commissioner Dawkins: How much money did you get from Coral Gables?
Mr. Michelson: We have not gotten any money.
Commissioner Dawkins: But yet, you operate Countywide. You feed the
homeless, the needy, and the what -have -you. But, again, the City of Miami is
going to be the one that's funding your program, but nobody knows about it,
but yet, when you go to Tallahassee or Washington D. C., you'll say that the
needy in Dade County is being serviced.
Mr. Michelson: Commissioner, we are asking several entities...
Vice Mayor Plummer: Let me ask you a question.
Mr. Michelson: Yes.
Vice Mayor Plummer: Of the recipients that are recipients of your food, what
percentage is from the City of Miami?
Mr. Michelson: Oh, my Lord!
Vice Mayor Plummer: No, that's not an answer, sir. The Lord is up there,
he's not...
Mr. Michelson: -I would say that it exceeds 70 percent.
Vice Mayor Plummer: Thank you.
'
Mr. Michelson: I've made no money for two and a half years.
This funding is
not for me or any employee. There's no administrative cost here.
We're only
asking to be able to get some vehicles so we can mobilize the
food promised by
the - food industry. No one will put any of this money into their. personal
income at all, none of it.
Ms. Christine Hildner: Mr. Mayor, could I make a comment?
Mayor Suarez: Yes, Vice Mayor Plummer is actually chair, but
go:ahead and....
Vice Mayor Plummer: Why am I the chair?,
s.
Mayor Suarez: Because I seconded the motion.
r
3:
Vice Mayor Plummer: Of who?
t-:
Commissioner De Yurre: Mine.:
Mayor Suarez: Commissioner De Yurre.
`
r:
Vice Mayor Plummers Oh, OK.}
4..E
Ms. Hildner: Could I just make a comment?
�F.
Vice Mayor Plummer: You're on.
Ms. Hildner; I'm Christine Hildner, executive director of the
Miami Coalition
for Care to the Homeless, and I want to commend you for what I
hear here about
recognizing the system of homeless services that there are,
and that Better
;R
Way would be working with Beckham. We have, in fact, a pretty
active provider
forum of core shelter providers within the Coalition, and they do work
T; r
together. Beckham is a very important g p part of this network,
and Setter Way
25 Yebruary 20 491i
r .
Ll
fills a gap in the system as well.
$420000 be given to Setter Way.
And so we would recommend that this
Vice Mayor Plummer: 350-2111 is the main switchboard of the Miami Herald.
Would you repeat that statement to theta, please?
Ms. Hildner: I certainly will. Thank you,
Commissioner Dawkins: My motion died for lack of a second. What is the
motion?
Vice Mayor Plummer: The motion on the floor is by Commissioner De Yurre, to
give the entire balance of $42,000 to Better Way.
Commissioner De Yurre: No, the balance that they need and they need thirty-
six.
Commissioner Dawkins: No, OK, OK....
Vice Mayor Plummer: I'm sorry.
Commissioner Dawkins: So you say, give them eighty-six.
Commissioner De Yurre: No, they've got fifty already...
Unidentified Speaker: From last year.
Commissioner De Yurre: ...from last year.
Unidentified Speaker: But, it's the money coming up for the next year. So
our new funding request
Vice Mayor Plummer: My understanding...?
Commissioner Dawkins: Wait a minute, J.L., hold it, hold it. !`
f:
Vice Mayor Plummer: OK.
Commissioner Dawkins: Wait a minute now.
Commissioner De Yurre: What do you have for this year?
Commissioner Dawkins: Now, you just set here, Commissioner, and said we
didn't have any money for one project and we voted it down because we didn't
have no money.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
RK Commissioner Dawkins: No, no, no. But he's saying, give them eighty-six.
Commissioner De Yurre: No, no, my understanding was they have nothing else.
They're not getting any... they got the fifty for last year then?
Mr. Odio: Yes, and all we can give them...
Commissioner De Yurre: And they're not getting the fifty again?
Mr. Odio: No, all they get is the forty-two if you so choose, because that's
all the monies we have from the... x`
�,. Vice Mayor Plummer: We can only give them what we have. That's forty-two. {'
Commissioner De Yurre: Well then, yes... Then my motion is to give them the
forty-two. The full amount.
Vice Mayor Plummer: All right, then the motion on the floor understood is �
that the motion of Commissioner De Yurre is for the balance of the account,
which is $42,000 All of it going to Better Way. That is the motion on the
floor and any further discussion? Hearing none, call the roll, : xy
26
Fsi� Ar y
A
i
The following resolution Was introduced by Commissioner De Yurre, who
`= moved its adoption:
rr
RESOLUTION NO. 91-163
A RESOLUTION AUTHORIZING THE CITY 14ANAGER TO SUBMIT
THE 1991 EMERGENCY SHELTER GRANT APPLICATION TO THE
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
s (USHUD) IN THE AMOUNT OF $287, 000, AND UPON APPROVAL
OF SAID GRANT BY USHUD, TO ACCEPT THE GRANT AWARD AND
EXECUTE CONTRACTS AND AGREEMENTS NECESSARY FOR SUCH
ACCEPTANCE; FURTHER AUTHORIZING THE CITY MANAGER TO
ALLOCATE GRANT PROCEEDS TO THE HEREIN NAMED PROGRAMS
' AND TO ENTER INTO AGREEMENTS WITH AGENCIES PROVIDING
SERVICES TO THE HOMELESS FOR IMPLEMENTATION OF SUCH
GRANT AWARD, SUBJECT TO APPLICABLE CITY CODE
PROVISIONS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Mayor Suarez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner Miriam Alonso`
Vice Mayor J. L. Plummer, Jr.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: Yeeeea H0000, hot dog! I have the deciding vote, huh?
Vice Mayor Plummer: Hello? Are you calling collect?
Commissioner Dawkins: Where's Nancy?
Mayor Suarez: He needs enlightenment.
Commissioner Dawkins: I'll vote yes.
Vice Mayor Plummer: I would be politically to vote yes, but I have to vote my
conscience. I have to vote no. I think it would be better to split, as I
said before, but the motion does pass, three to two.
1;
COMMENTS MADE FOLLOWING ROLL CALL:
s+
Mayor Suarez: I was going to say, Commissioner Dawkins is seeking to close
debate at this point, thank you.
27
...- war.. ..... r..:... a.:rr......w.----------+...:.a-ws.y ._ ..r..u...----.....r.s.—a....--......—rrw.......`:...—r....as+:..i:'.cii�ri.r:su.�rs:
8. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: EMERGENCY
SHELTER GRANT (FY 191) APPROPRIATE $287,000 FROM U.S. DEPARTMENT OF
HOUSING A14D URBAN DEVELOPMENT (USHUD) 1991 EMERGENCY SHELTER GRANT,
Mayor Suarez: Item 3, first reading ordinance.
Vice Mayor Plummer: Oh, Xavier, are we going to miss you.
Mayor Suarez: Establishing a new special revenue fund entitled Emergency
Shelter Grant...
Commissioner Dawkins: Move it.
Mayor Suarez: ...appropriating funds for operation... moved.
Vice Mayor Plummer: Second.
Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance.
Commissioner De Yurre: Second. Mr. Mayor, Mr. Moore is here, I believe.
Mayor Suarez: Yes...
Commissioner De Yurre: If he can come up for a minute and just tell us the Ij
job that they're doing at Beckham Hall since... is
Mayor Suarez: Mr. Moore, would you... {`
Commissioner Dawkins: Would all the City of Miami employees, will you stand
too, so that they can see the we do have some people over there.
Commissioner De Yurre: Sure, come on up.
Mayor Suarez: Yes, please. We would like love to hear from you. I was a
r.
little puzzled why...
,
i
Commissioner Dawkins: Pull the mike up.
,.
i
Mr. Al Moore-, OK. My name is Al Moore. I live at 2251 Trap Avenue in the
—
Grove, and I presently have the responsibility of being the administrator at
Beckham Hall. It was exactly two years ago that Mark Coates and I stood at
the door of Beckham Hall and accepted, or should I say culled out of
approximately 250 people, a 140 clients that became the first population at
Beckham Hall. And if you will remember the pressure that the Manager was
under because the Baltimore Orioles were coming into the stadium, the County
had renovated the building, we still had dust and we didn't have phones. It
was really a pressure situation and we brought 140 men in and Beckham Hall was
born. And I think it's important that you recognize that Mark Coates was at
�t
the door with me and I think that you need to understand this has been a
i'
joint City -County funded and operated facility since the very beginning. I
want to commend the Commission for maintaining its support as the County -has
in order to keep the facility operational. I have a program synopsis, which I
5
would like to pass out. In fact, Commissioner Alonso, this synopsis was done
i.
b one of our resent staff y y p persons, Mr. Ralph Rosas Baldassari when we Game
over and you took him away from us. But, as a City of Miami employee working
in the facility. It's critical, I think...
Commissioner Alonso: May I make a correction for the record, please, Mr.
T
Rosas is working with me for a project of the City of Miami, and is not a
pax
member of my staff, who has been lended to me by the administration to work on
a program...
Mr. Moore: Oh, OK, all right...
Commissioner Alonso: ...from the City Manager.'
Mr. Moores Forgive me. I dlda't know the techn'calitiss.
€
i
�t
to
2$ February 20'
l'+
Commissioner Alonso: If you were given that information by the City Manager,
he made a mistake. tt
Mr. Moore: No, no, he didn't, no. Please, that was not the case, I was
not µ and I don't want to suggest that Mr. Odio... '
Mr. Odiot Don't worry, Al, if I had said that, I would say so.
Mr. Moore: Oh, OK. But, I think it's important to note that in the two years
that we have operating that facility, we have served in excess of 2y360
clients. ;
Mayor Suarez: Twenty-three hundred and...?
Mr. Moore: Twenty-three hundred and sixty clients.
Mayor Suarez: God, I could have sworn I read yesterday in the Miami Herald
that not a single overnight homeless person was served by the City of Miami
and, for that matter, the County, so I guess...
Mr. Moore: We have placed...
Mayor Suarez: This morning too?
Mr. Mooret We have placed...
Mayor Suarez: So I guess they're off by about 2,359 or so what are...
Mr. Moore: I would think so. Of that number, we have put in excess of 1,100
in life skills classes. We have, through the support of the Police
Department, given 1,400 I.D.'s to people who did not have any identifications
before. We placed 900, close to a thousand, men in jobs. Of that 2,300, we
put...
Mayor Suarez: Nine hundred in jobs...
Mr. Moore: ...969, close to...
Mayor Suarez; Mr. Moore... -
Mr. Moore: Yes, sir.
Mayor Suarez: That's 900 more than I believe was reflected in yesterdays
article.
Mr. Moore: Well, I... no one spoke to me about...
Commissioner Dawkins: Don't feel bad, they didn't speak to us either.
Mr. Moore: OK.
Mayor Suarez: They spoke to me, but they put down everything except what I
told them.
Mr. Moore: We were able to find housing for 622 of those clients; apartments,
rooms, that sort of thing.
Mayor Suarez: How many? -I'm sorry
Mr. Moore: Six hundred and twenty-two. We presently have 99 people in the
facility. Of that number, there are at least 45 men who are working.
Mayor Suarez: They stay overnight?
Mr. Moore; The facility operates on the basis of 90 days, when the...
t
r
4e
r y".
Mr. Moores Would some of the clients stand up, please. (APPLAUSE).
Mayor Suarez: Very good.
i
Mr. Moores These are Beckham Hall guys. They walked in the door. We
even
have gentlemen with degrees. Mr. Lou Hoho has a Masters of Science in
-
chemistry from the University of Michigan. We have gentlemen who are here as
a result of referrals from detox, from the prison system. And guys who
just:
had things happen to them where they found themselves, because
of
1
circumstances, in the street. And they've come to Beckham Hall and they
know
that they have at least 90 days in order to help them get their lives:
together. Yes, sir.
Commissioner Dawkins: You know, these are what I call homeless people.
i
F.
Mr. Moores Yes, sir.
Commissioner Dawkins: The rest of them are called street people.
Mr. Moore: Yes.
Commissioner Dawkins: And in the street people, I have four sub -cultures.
Those who are homeless, those who are chronically unemployed, those who
have
been let out of mental institutions because they didn't want them
with
me, and those who are not going to ever work. See? But what I'd like to
know
�.
from you - the same thing I said to the other lady - of the funding
for
fi
i
Beckham Hall as provided by the City of Miami and the County. Is
that
correct, sir?
Mr. Moore: Yes.
}
Commissioner Dawkins: How much money does Coral Gables give you for
the
,
l
operation of Beckham Hall?
M
Mr. Moore: Zero funds, sir.
Commissioner Dawkins: All right. And all these... I'm talking about...
see,
}
all these do-gooders, see, they'll be here this afternoon, see, and I'm
only
sorry they're not here now, see.
Mr. Moore: Well, in...
j
Commissioner Dawkins: And all right - no, no, no - how much does Key Biscayne
give you?
Mr. Moore: Zero funds, sir.
Commissioner Dawkins: How much do you get from Bal Harbour?
Mr. Moore: Zero.
Commissioner Dawkins: What do we get from North Miami Beach?
Mr. Moore: Zero funds, sir.
#_
k,
tj
F�
Commissioner Dawkins: See, but yet, all these people will be down here
this
f-
afternoon, as do-gooders, including the Miami Herald, saying that we in
the
"-
City do not do anything for the homeless. See, if they would pitch in their
i
fair share, Mr. Moore, then it would permit you...
Mr. Moore: To do more.
-
k.
Commissioner Dawkins: ...to provide... I mean, we could... what have we
got
T
.,
out here? -four, five, nine, thirteen...
+€
.
Mr. Moore: We just brought down some men who...
y.
Commissioner Dawkins: We could have fifty people here that we had helped,
had
we had the funds. And for you to tell me that
y you had put �- how many people
'
to work?
<<.
Mr. Moores Nine hundred and sixty-nine.
i!
30 Fi.b+.ery,99
f Y.
gg� rr -
Cotnraiaeioher Dawkins: So, you see, and it's from my classification of
F`
homeless.
Mr. Moore: Yes, air.`^
t,
Commissioner Dawkins: See?
Mr, Moores Yes, there were people who did not want to work when we got there,
but we were able to work with them.:,
Commissioner Dawkins: But, yet and still... and I hope, Mr. Manager, that you
tell the State of Florida the Department of Transportation have somebody here
.
this afternoon. Because I'm on to them also for saying that I ordered the
State of Florida to evict people from under 836. You tell them I said, be
here. But, so all they all over there in that corner be sure and understand
that we don't get no funding from nowhere but the County and the City of
Miami.
Mr. Moore: Yes.
Commissioner Dawkins: Thank you.
Mr. Moore: Not only do you give ESG(Emergency Shelter Grant) funds, but your
staff, I mean you had in excess of $135,000 in staff costs, which you
contributed to the support of the agency.
Mayor Suarez: Thank you, Mr....
Mr. Moore: And I might add that in addition to you, we also have instructors
from the board of education who are providing life skills classes as well as
adult basic education at night. We also have the Veterans Administration
providing veterans counselors at least one day a week. We have legal services-
coming in once a month to offer legal services to our clients. And we have,
been able to draw in a variety of services to help us do what we're trying to y
do in terms of turning people's lives around and moving them forward at the
end of 90 days with a bank account, some money that they've saved, a place to
stay, and a job.
F
Mayor Suarez: Our congratulations to you, and may you obtain sufficient funds
to take care of these and other people who need the help in our community, Mr.
Moore. We're pleased to work with you. Thank you, gentlemen._
Mr. Jorge Fernandez: Read the ordinance, Mr. Mayor.
Commissioner Alonso: Could someone from... excuse me, I have one question.
Mayor Suarez: Commissioner Alonso.
Commissioner. Alonso: How muchit cost.. the money that we provide when we
divide by the number of people, how much it cost a year per person?
Mr. Moore: Our costs are running somewhere in the area of $6,000, if we were
to prorate that over a year. Anywhere from six to ten thousand.
Vice Mayor Plummer: You serve 156, as I recall?
Va
Mr. Moore: No, no, we serve 100 people in that facility.
Vice Mayor Plummer: Hundred.
.r s
Mr, Moore: One hundred. One hundred a day.
Commissioner Alonso: That's very high.
Vice Mayor Plummer: What's your total budget? {
Mr. Moore: And our budget was,
Vice Mayor Plummer: Total.
Mr. Moore: ...i.t was $098000,
for last year, it ways,,,
fl;i; 4(,��AxT"' -
„� 2
Vice Mayor Plummer: So, it's $8,000 per person. That's easy.
Mr. Moores 'Yes. Well, no, but we turn people over.
Vice Mayor Plummer: But, it's still a hundred per day at $800,000. p
Mr. Moores Yes, right.
Vice Mayor Plummer: It's $8,000.
Mr. Moore: Yes.
Commissioner Alonso: That's very high.
y.
f
Mr. Moore: No, but it's not the same person.
41.
Mr. Odio: Excuse me, excuse me, excuse me....
Commissioner Dawkins: That's in the funeral business. That's in the funeral
business, that's not in the homeless business.
Vice Mayor Plummer: You could have a hundred different people every day....`
Mr. Odio: So, if you serve ten thousand people...;
Vice Mayor Plummer: ...but you serve a hundred people.,.
Mr. Odio: No, sir, you serve a hundred a night. All right?
Mr. Moore: We serve in a year, we may serve 1200 people in a year.
Vice Mayor Plummer: Don't dispute that at all. But on a daily average,
you're a hundred people.
Mr. Moore: That's right.
r'
Vice Mayor Plummer: And your total budget is $800,000, it's $8,000 per day
°
per person - I'm sorry - per year, per person. That's what it averages.
Commissioner Alonso: That's a lot of money.
Vice Mayor Plummer: That's easy.
CommissionerDawkins: What about the people you served twice that's in that
400? You see, you're mixing apples and oranges, J. L.
_
Mr. Moore: Well, it doesn't calculate outthatway.
Vice Mayor Plummer: Hey, that's nothing when you compare...
Mr. Moore: Yes, we serve...
y
Vice Mayor Plummer: ...that the State of Florida tells you...
Mr..Moore: We serve anywhere to 1,200 unduplicated clients,
,5
Vice Mayor Plummer: That's nothing compared when the State of Florida tells
you to maintain a prisoner for one year in the State of Florida is $26,000.
i
Mr. Moore: Yes.
�?
Commissioner Alonso: I'd like to - someone from the administration from the
City of Miami to come and explain this to me. They claim this is not done
this way. Could you explain to me which way it's done? Maybe ,not now, but
r
come to my office and discuss this with me.
Mr. Odio: Could you repeat the question please?
Commissioner Alonso: Because it's very very high.
4
Mr, Odio: They do not serve only 100 people a year. If you serve the same
hundred people one year, yea, Commissioner Plummer would be correct in saying
that the cost is $80000. But the actual cost...
Vice Mayor Plummer: I didn't say per person. s
Commissioner Alonso: 11n very disturbed by this numbers.
Mice Mayor Plummer: I didn't say per person. I said, a person, per day.
Mr. Odio: Commissioner, the operation...
Mayor Suarez: OK, this is the way to maybe explain it. If you had a
permanent_ facility for the same hundred people for an entire year, you could
argue that it works out to $8,000 per person...
a
—
Mr. Odio: Yes.
Mayor Suarez: ...because it would. If you are processing and treating...
Mr. Odio: That is correct.
Mayor Suarez: ...and helping and referring a variety of different people,
total of 1,200 different ones, you could divide and say, although the average
daily occupancy works out to $8,000 per daily occupant, the actual number of
people served is more like 1,200, which then the figure works out to be like
$600 per actual person served. But there's more than one service given. It's
not just an overnight stay. In any event, the figures still bear analysis and
I would want each Commissioner to get clarification of what the range of
services is, and how much is its average on a per occupant or per person
served basis. It's more than one service being provided. All right.
'
1
Mr. Fernandez: Read the ordinance.
-� p
Mayor Suarez: Read the ordinance, please. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "EMERGENCY SHELTER GRANT (FY 191)", AND
-T_
APPROPRIATING FUNDS FOR OPERATION OF SAME IN THE _—
AMOUNT OF $287,000 FROM THE U.S. DEPARTMENT OF HOUSING
F
AND URBAN DEVELOPMENT (USHUD) 1991 EMERGENCY SHELTER
a
GRANT; CONTAINING A REPEALER PROVISION AND A.
SEVERABILITY CLAUSE.
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 Miriam Alonso:
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
6
ABSENT: None.
The City Attorney read the ordinance into the public record and
r
announced that copies were available to the members of the City Commission and
to the public.
;
i
{
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N
Ile
9. AUTHORIZE CONVEYANCE TO DADE COUNTY OF PROPERTY AT 350 N.W. 5 STREET, BY
CITY DEED- SUBJECT TO METRO DADE COUNTY AGREEING THAT YMCA WILL BE SOLE
USER OF FACILITY.
Mayor Suarez: Item 4. Conveyance, Dade County property located at 350 N.W.
Sth Street,
Mr. Herb Bailey: Mr. Mayor and Commissioners, we're rec...
Mayor Suarez: Yes, Herb.
Mr. Bailey: We're recommending that item number four be approved because on
that site we, as was directed by the County, have absolutely no intentions to
use it for surface parking lot. The YW has asked for the site to build a
facility on it and we think it's a site that would be credible for the area.
And, in accordance with the County deed, that if at any point in time we don't
use it for the intended purpose or convey it, then we have to give it...
Mayor Suarez: Reverts back to us.
Mr. Bailey: ...to the County and the Count:, has already agreed to it in
writing that they would transfer it to the Y to build a facility.
Vice Mayor Plummer: Whose funds were used to purchase?
Mr. Bailey: It was not purchased, and it was a dollar.
Mr. Odio: They just conveyed to us for use as surface parking.
Vice Mayor Plummer: Excuse me, was it not for a swap?
Mr. Bailey: No, it wasn't.
Vice Mayor Plummer: Wait a minute. I ask again Was this parcel not part of
a land swap?
Mr. Bailey: According to the deed that I have in front of me, it was not a
land swap.
}
Vice Mayor Plummer: The County did not receive something for transferring
p
this to us?
Mr. Bailey: One dollar.
Vice Mayor Plummer: And they did not receive other parcels of land...
Mr. Bailey: Not in accordance with this deed.
i
f_
Vice Mayor Plummer: ...or any other grant of condition?
Commissioner De Yurre: Well, hold it, hold it, the deed wouldn't make any
reference to...
Vice Mayor Plummer: Not at all.
iL
Commissioner De Yurre: To the terms.s
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Mr. Bailey: It just said for consideration of one dollar other good and
�
s'
valuabls�considerations.
Vice Mayor Plummer: They bought the property. {'
Vice Mayor Plummer: Whose money paid for the property?
Mr. Odio: Wait, let me...
Mr, Baileys I guess it was the County.
Vice Mayor Plummer: What do you mean, you guess?
Mr. Odiot No, no, the notes that I have here, this was part of the 1979 City
and County swap.
Vice Mayor Plummer: OK, fine. Now, we're getting to what I want.
Mr. Odio: And, therefore, the County had ....purchased the land sometime in<'
the past. So, what...
Vice Mayor Plummer: What did the County get in return for conveying this
lE{
property to us? They got something, and I want to know what it was beside the
dollar.
,rF
Mr. Odio: Well, you have to remember the 179 swap. I think it was part of
Virginia Beaches, Lummus Park was part. I think we have a list here.
Commissioner Dawkins: You know, this is embarrassing. I don't know what
you're talking about. You say you got something in your hand you're reading
from. I mean...
s..
s
Mr. Bailey: It's in your packet.
E;
Mr. Odio: It's in your package, Commissioner.
Mr. Bailey: It's in your packet, Commissioner, item number four.
Commissioner Dawkins: Item number four. It says what... then what the
question J.L. is asking is in the backup?
Vice Mayor Plummer: Obviously not.
Y
Commissioner Dawkins: If it was, J. L. Plummer would not be asking.
Mr. Bailey: The only information we have on the....
3:-
E
Mr. Odio: Let me read from the resolution you have in your package. "Whereas
on December 20, 1979, the City of Miami and Dade County entered into a land
exchange agreement wherein the County conveyed to the City property described
as lots 11 through 15 inclusive, in block 67-N of A.L. Knowlton's map of
Miami, according to the plat thereof, recorded in plat book B at page 41 of
the public records of Dade County, Florida. Less the south ten feet of said
lots 11 through 45 and lot 16 in said block 67, and less that portion thereof
r
required by the State Road Department of Florida, said property being referred
to as exhibit J of the Land Exchange Agreement."
Vice Mayor Plummer: I thank you for translating, but I didn't need it.
Mr. Odio: No, but I mean...f
Vice Mayor Plummers I still ask the same question. In a swap, you get
R
something, you give something. What did we give up or what did we give to the
County to acquire this piece of property? And who paid for the property?
i=
Now, this has nothing to do with the YMCA. I'm asking from a strictly
standpoint as this Commission is always experienced that the County turns
around and kicks us in the butt. I'm asking where this came from. Whatdidt
the County get, Mr. Armada? -if you know.:
Mr. Al Armadas- You, they got Lummus Island. They were able to expand the
Port of Miami.
Vice Mayor Plummer: So they didn't give it to us for a dollar.
Mr.
Armada:
No.
Vice
Mayor
Plummer:
well,* Mr. Bailey
said they gave it to us for one dollar,
Oxi
Mr.
Odio:
No, it was
a land exchange...
fr;
Mr.
Armada:
It was a
land exchange...
hang on.
;
Vice
Mayor
Plummer:
They got one hell
of a good deal.
Mr.
Armada:
They got
a land exchange
agreement that was entered into...
i
Vice Mayor Plummer: OK.
Mr. Armada: ...in 1979 wherein we gave them title to Lummus Island...
Vice Mayor Plummer: Right.
,i
Mr. Armada: ...and in turn, we got a sundry number of pieces of properties...
a _
Vice Mayor Plummer: And this is one y parcel of it.
J
Mr. Armada: And this is just one parcel of those. We got a series of
- -
properties...
Vice Mayor Plummer: OK. Now, Lummus Island was worth millions.
Mr. Odio: We got Beckham Hall, we got the...
Vice Mayor Plummer: Mr. Odio, I don't need a translator. I speak very good
English.
t�
Commissioner Dawkins: I doubt it.
Vice .Mayor Plummer: I didn't say Swahili, I said English. All I'm saying to
f'
you is, that if, in fact, we gave up something, we are entitled to something
back.'
Mr. Armada: OK, "unfortunately, Commissioner Plummer, .,pith regards -to the
site, when they gave it to us, they gave it to us with a:restriction, a
—
reverter clause.
Vice Mayor Plummer: OK.
-
Mr. Armada: Which reverter clause says...
Vice Mayor Plummer: All right.
Mr. Armada: ...that we are to use it for parking. And if we are `not going.to
b<
use it for parking, they have the right to claim it, to reclaim it..,
Vice Mayor Plummer: OK, are we using it for parking?
Mr. Armada: No, we're not. And that's where the key to this comes in.
Vice Mayor Plummer: And you're telling me, with all of the problems that we
have under the expressway, and all of the need of using the City Police
Station - not parking lot - the grassed area for storing of vehicles, that we
are not using this lot. I have to ask you why.
Mr. Armada: OK. I can't answer to you specifically why they're not using on
the other side. I can talk to you about the surface parking lot across then
street from the Police Department.
Mr. Bailey: We have had on record several times an explanation by the Police
Department as to why they did not want to use this particular site for
i z
parking, As I understand it, is that the intended parking was for confiscated
z x.
vehicles. And we've had the discussion several times as to the availabilit
of this site and that it should be used for that purpose by the Poi" c.s
36 February 20, 1i►
x,t �.
Department and they have indicated that
purpose. We have no other...
Vice Mayor Plutnmert OK, but once we give this and convey this back to the
County forever thereafter, we will not have control over it. Is that correct?
Mr. Odio: Well, let... I need to... I think...
r_
Vice Mayor Plummer: Can we put a reverter clause in it?
{ri
Mr. Bailey: No. I don't know. That's a Law Department question, but I think`
that,..
Vice Mayor Plummer- Hey, look. I'm saying... here's my premise, OK? And
[`
please, this does not apply to the YMCA, YWCA, OK? Lummus Island was worth
millions of dollars and to this County, it was worth ten times that amount
because they needed it to expand the port. OK? Now, what I'm saying to you
is now, after the swap is done, and they came out tremendously ahead of the
#`
game, we are in the process of giving it back.
Mr. Bailey: Commissioner, we're...'
Vice Mayor Plummer: It doesn't make sense to me.
f —
F-
Mr. Bailey: It makes sense to us now. Of course, this is our recommendation.
We're getting a facility that's much more useful than a parking lot in
k
Overtown.
€: ,.
Commissioner Dawkins: Yes, but that's not the point, Commissioner, I mean,
Mr. Bailey.
Vice Mayor Plummer: You're way off, Herb.
Commissioner Dawkins: Mr. Bailey.
x"
Mr. Bailey: Well, OK.
6
s-
Commissioner Dawkins: No, wait a minute, Mr. Bailey. We agree in total with
the concept. We have no problems with the concept. See? My problem is, the
t.
County. See. Lummus Island keeps... and the Manager is ready to give land to
the County again which I will not vote for. I want all of you to know that
I'm not voting to sell the County nothing. The way the deal should have went,
had -you had some of these Commissioners here now is, we will give you Lummus,
Island if you give us 10 percent of the gross tonnage that comes into the
port. All right? But nobody had that foresight, they just come back and say,
people -sit up :here just like to say, hey, the County wants it, give it to
them. Mr. Manager, right now the County is desirous of expanding the airport.
They're negotiating with you for the sale of a golf course. I will vote to
lease the land for 99 years with another 99 year option to the County to
expand the airport for ten percent of the.gross income of the airport to come
back to the City to support the City of Miami. And until you start doing that
with the County, the next Commissioners, J. L., who sit here in our spot, will
"
be in the same fix of having given away City of Miami assets to be goody-goody -
fellows and we won't have anything in return for it.
Vice Mayor Plummer: One correction. I plan on being sitting here.
Mr. Odio: I need to clarify something.
Commissioner De Yurre: Let me point something out.
P
Commissioner De Yurre: No, no, it is my understanding that based on whatever
arrangements were done back in 179 for whatever reason. If we didn't make a
good deal then, you know, that was it but the people in charge at that time
made that decision for whatever reason. Now...
Mr. Odio: If you put a parking lot in it, they cannot take it back.
Commissioner Dawkins: No, no, no. You do have a decision. Tell the Police
Department we're going to put a damn parking lot there, and you park on it,
Wait a minute, no, no, you see, I'm not going to do that because I promised
Beverly that, hey, I'm going to help her put this building there, I have no
problem. But don't stand here and make me think that I don't know what the
hell I'm talking about. OK?
Vice Mayor Plummer: Question. Was there a time limit...
Commissioner Dawkins: Now is it, Mr. City Attorney.
Mr. Jorge Fernandez: Yes, sir._
Commissioner Dawkins: This land says you can only use it for a parking lot.
Is that correct? ;
Mr. Fernandez: Correct, sir.
Commissioner Dawkins: So, therefore, if I continue... if I put a parking lot
there and force - since the Manager don't seem to be able to do it - force
somebody to use it as a parking lot, whether it's the Police Department, City
of Miami employees, or what. Does it remain in the ownership of the City of
Miami? Mr. City Attorney.
Mr. Fernandez: Yes, sir.
Commissioner Dawkins: Sir?
Mr. Fernandez: Yes, sir.
Commissioner Dawkins: So, there is an option.
Mr. Fernandez: Yes, sir.
{
Commissioner Dawkins: All right, so
don't stand here and
tell me that there
is not an option.
Vice Mayor Plummer:
Question.
;.
Mr. Odio: Well, Mr.
Mayor...
Vice Mayor Plummer:
Was there a time
limitation?E
Mr. Fernandez: No,
sir.
t.
Mr. Odio: No.
Vice Mayor Plummer:
In other words,
we didn't have to put
the parking lot in
and there's no time
limitations.
Mr. Fernandez: It reads this way...
Vice Mayor Plummer:
The only limitation is...
Mr. Bailey: No time
limitation.]
.4
Vice Mayor Plummer:
...that if it is
used, it has to be for a parking lot.
Mr. Baileys No time
limitation.
A
Vice Mayor Plummer:
So, twenty years
from now, if we just
leave it as it is,
it's still ours.
Mr. Bailey: Right.
k:
s
Vice Mayor Plummer: And in effect, what you're asking us to do is to turn
around and give it away wherein next year, you're going to come back and say,
we got to buy property for a parking lot.
Mr. Odio: Well, we initiated... it was not the County that initiated this
transaction. The YWCA came to the City of Miami, saying...
Commissioner Dawkins: Leave the YWCA out of it, They have no parts in this
argument. We are not in any way debating the merits, the good will of nothing
of the YWCA. The only thing that I personally am debating is that the City of
Miami has constantly given everything to the County. It wants to get nothing _
in return. They have doubled our dumping fees.
Mr. Odio: Well, what I'm saying is...
Commissioner Dawkins: I don't care what it is, the County, Joe Gersten has
held up an item that belongs to the City of Miami for one year, and I have to i
ask my good friend Bill how in the hell he did it. Joe, he has refused to
allow one item that we needed in the Omni - Omni what? -Mr. Manager.
Mr. Odio: Tax increment district.
Commissioner Dawkins: To sell... Joe Gersten singly has held this up in
committee and nobody on the Commission brings it up as a pocket item so that
we could get it done. And these kind of things, I mean, it's irritating and z
it has nothing to do with the Y. It's my personal hang-up with the way the Y.
County operates. _
Mr. Odio: No, but what I was saying, Commissioner, is that the County did.... -
Commissioner Dawkins: Let me hear from ex-compadre here. Go ahead, buddy.
Mr. Odio: The County did not ask for the land back.
Vice Mayor Plummer: What is the assessed value of the property?
Commissioner Dawkins: J. L. let me hear from Beverly first, please, while
they're getting that for you. Go ahead, Beverly.
Ms. Beverly Phillips: Point ninety-six acres, J.L. It's not worth a great
deal. And I agree with you. I mean, it would be nice if everything - and you
can use this certainly as a political hold on the County. I mean, we all know
this. I think the overriding issue here is the Park West Overtown situation,
and getting some services into those people. You've got two major apartments
'
down there. You have no day care for those people. We're going to put a day
17-
care center...
—f.
Vice Mayor Plummer: Beverly, you don't understand. We're not arguing about
'f
the YWCA.
_?
F.
Ms. Phillips: I understand that, but I...
Vice Mayor Plummer: We are talking about one more time that the County has
IF
f
stuck it in us and broke it off.
ot
Ms. Phillips: I understand that. But I'm not sure that it makes good
?'
political sense. You know, between the County and the City, we all
understand.
Commissioner Dawkins: All right, hold it, Beverly, now you... Beverly,
Beverly, you're going to lose me, OK? I'm with you, OK? I'm with you a
da
hundred percent, but I'm not going to vote with you if you stand up here and:
attempt to tell me that it doesn't make political sense for me to vote for
I
what I think is best for the City of Miami whey nobody in the County can vote
for me. I have to please people in the City of Miami. So, it's not
#_
politically unsound for me...
Vice Mayor Plummer: All right, I..,
rF
Commissioner Dawkins; ..,to vote for what I think is the best in the City of
Miami.
39 Febru4ry 28 199,
k
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It
Ma. Phillipst I understand that, Miller.
Mice Mayor Plummer: I got one other question. If the County imposed that
regulation on us...
Commissioner Dawkins: No, they didn't impose it, we accepted it.
i.
Vice Mayor Plummer: Oft, whichever way. Can't the County remove that
limitation? And that, in fact, we make a lease with the YMCA - YWCA...
Unidentified Speaker: We tried that.
i
Vice Mayor Plummer: ...and, in fact, we still retain ownership so that if in
20 years from today, we need that property, we can assimilate that property
back. And I would give it... if the County would lift that restriction, and
let us lease that property to the YWCA, then I would give them at one dollar a
year, a lease for 20 years. But we don't lose control.
Mr. Bailey: There's a couple of problems. The answer to your first question
y-
and I'm pretty sure the City Attorney will say, yes, you can always request a
modification on the deed restriction. The other answer to the question is
•
that our Charter does not allow us to transfer land to a nonprofit for
anything other than affordable housing, and that is the reason we got into
this transaction in the first place. Of course, the deed says you can't
transfer it for anything other than surface parking, but even if it were not
there, our Charter does not permit us to do what the County can do in terms of
giving land to nonprofits.
Mr. Fernandez: Our Charter would let us do that, but we have to observe a
t
very cumbersome procurement process where we have to put it out to bid and we
have to have three proposals come in, and that's the only way that the City
t`
can dispose of an interest in land.
Vice Mayor Plummer: I'm not disposing of it. I'm leasing.
Mr. Fernandez: Yes, but that's disposing of an interest in land.
t
Vice Mayor Plummer: So we give them a revocable permit.
Mr. Fernandez: But then again...
'f
t
-
Vice Mayor Plummer: All I'm saying is, I don't want to give up control of
something that I gave to get back for and now I'm being asked to give up
again.
}
Commissioner Dawkins: Yes, but you can't...
Mr. Fernandez: But under the...
4�
Vice Mayor Plummer: This is a one way street.
Commissioner Dawkins: But you can't expect me to the Y to go out and put up a
facility to enhance the area knowing that in 20 years the structure will no
longer belong to them. I mean, that's unfair.
Vice Mayor Plummer: Let me ask this question. If we deed it back to the
County, are you telling me they have the flexibility in their Charter that ;
they can lease it to a nonprofit?
Mr. Fernandez: Yes, yes, they do.
Commissioner Dawkins: No, they can give it to them.
Mr. Bailey: Yes, they did. They can give it to them,
Unidentified Speakers Yes.
Commissioner Dawkins:
give it to them.
Mr. Fernander-: Yes.
They can give it,
I
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they don't have to lease it, They T'
4t
rohruary, 244 1991
Vice Mayor Plummert Without going out to public bid.
Commissioner Dawkins: yes, sir.
Mr. Bailey: Correct.
Mr. Fernandez: Correct.
Mayor Suarez: OK, ma'am.
Mr. Fernandez: You know, the City of Miami has one of the most cumbersome
difficult procurement methodology for disposing...
Mayor Suarez: We've noticed.
Mr. Fernandez: And we're coming to you sometime soon to recommend a Charter
amendment. Mr. Bailey and I have been looking at some language, hopefully, so
that we can get ourselves in a position where we can....
Commissioner Dawkins: Mr. Mayor, if my learned Commissioner, J.L. Plummer has
nothing else to contribute, I move that we cut off debate.
Mayor Suarez: And we'll so do. Ma'am, do you wish to add anything knowing
that this Commission is likely to not receive it too well since we are
inclined to close off debate and vote, hopefully, favorably on your item? All
right, Commissioner, do you want to move it?
Commissioner Alonso• I think that I agree with what has been said here, and
in most of the deals that we have done with the County, we have come as
losers. But it also has been the lack of vision of the people who had the
power to make the decision at that particular time. My concern is, we have a
_
good project in front of us, and my fear is, are we going to 'delay
unnecessarily something that is important for citizens of Miami? And I want
-
my colleagues and I advise them to be careful, because this might not be the
time where we should take the County - and you know, I'm always willing and
-
ready to take them up in any good fight because they have really been very
unfair to us in the past - but we have a very good cause in front of us, and
I'm afraid by delaying this project, we are affecting the citizens of Miami.
_
So, it's just a word of caution in this case, and I would like my colleagues,
perhaps, to reconsider the positions that they have stated here today, and
that go along with us and move and approve this today due to the circumstances
of the case that we have in front of us.
Commissioner De Yurre: Well, I got nothing to reconsider, because I've been
ready to vote for this since the beginning. And is there a motion on the
-
floor?
�..
Mayor Suarez: Please make it.
Commissioner De Yurre: I move.
Commissioner Alonso: Yes, I do.
Commissioner De Yurre: I move and...
Mayor Suarez: OK.
Commissioner Dawkins: You moved and he seconded.
Vice Mayor Plummer: OK, with one pro...
Mayor Suarez: Moved and seconded.
�v
Vice Mayor Plummer: With one amendment.
Mayor Suarez: Yes, it they accept it.;
Viae Mayor Plummer=
That amendment is,
that if
we convey this property bank
to Metropolitan Dade
County, it is with
the sole
understanding that it must g(
to the YWCA. If not,
we do not revert.
g`
4204.49
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ektsry
41
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.. _: : :; 5a,✓. try �h 4 s n; �' ... -_
4.
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Mayor Suarez: OK...
Vice Mayor Plummers Oh ho, the games they play over there.
Commissioner De Yurre: But, just like they made the mistake, we'd better put
a time certain on it this time.
Commissioner Alonso: Yes,
Mayor Suarez:
Movant
and the second accept the amendment?
r
Commissioner
Alonso:
Yes, it...
Commissioner
De Yurre:
Within a three year period.
—
Vice Mayor Plummer: That's fine.
Commissioner
Alonso:
Two years period will be OK?
Y -
Commissioner
De Yurre:
Two years after they get a building permit. Pull a
build...'
Mayor Suarez: With a
maximum of two year period to...
i
Commissioner
Alonso:
Two year period, all right. Yes.
+'
Mayor Suarez: ...fulfill that condition.
Commissioner Alonso: Yes.
Mayor Suarez: OR. So moved and seconded. Any further discussion? If not,
please...
Commissioner De-Yurre: OR, now...
_
Commissioner Dawkins: Under dis...one...
Mr. Fernandez:Yes, because, Mr. Mayor, for the record, I think that it must
be made clear here that the City is not in any way acknowledging that it has
done -anything to trigger this reversion. That the City, perhaps, may
voluntarily...
Mayor Suarez: Got it.
Mr. Fernandez: ...be considered divesting itself to allow this to happen.
Mayor Suarez: You've got it.
Mr. Fernandez: So that at all times we can then reserve the right...
Mayor Suarez: So understood.
Commissioner De Yurre: So the reverter would be that if the Y doesn't pull a
building permit within a two year period, it automatically reverts back to .the
City.
Mr. Fernandez: You can impose that. You can have that.
Commissioner De Yurre: Yes. That is the motion.
Mr. Fernandez: So that the City may continue using it as a surface parking,
as it is a condition of possession of this land.
—
Mayor Suarez: Yes. So we wouldn't want to go counter to anything that's in
the prior restrictions. OK?
s=
Mr. Fernandez: Because the use of it as a surface parking has never been
questioned.
;=
Commissioner De Yurre: OR.
42 eb a ' 30 a 1991
Y
r
,5
11
mayor Suareze Call the roll.
The following resolution was introduced by Commissioner Aions.o, who
moved its adoption:
RESOLUTION NO. 91-164
A RESOLUTION AUTHORIZING THE CONVEYANCE TO DADE COUNTY
OF PROPERTY LOCATED AT APPROXIMATELY 350 NORTHWEST 5TH
STREET, MIAMI, FLORIDA, AND MORE PARTICULARLY
DESCRIBED AS LOTS 11 THROUGH 15 INCLUSIVE IN BLOCK 67-
N OF A.L. KNOWLTON'S MAP OF MIAMI, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK B AT PAGE 41 OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA, LESS THE SOUTH
10.00 FEET OF SAID LOTS 11 THROUGH 15, AND LOT 16 IN
SAID BLOCK 67-N, LESS THAT PORTION THEREOF ACQUIRED BY
THE STATE ROAD DEPARTMENT OF FLORIDA, BY A CITY DEED,
WITH REVERTER CLAUSE IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: I'm going to vote yes, but before I vote yes, I'm going —_
to say to Beverly - which I know she will do - I expect to see laborers, from
the Labor Hall on 62nd Street working there. I expect to see people from
Overtown Park/West - I mean Overtown - who are unemployed, working there. I
expect to see people from Little Havana who are unemployed working. I do not
expect to be like other projects that we fund who go out of the County and get
people. I know, but I just have to put that in there. I vote yes.
Vice Mayor Plummer: Only if Miller Dawkins is a supervisor of the job, I vote
yes.
Mayor Suarez: Yes.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: And Madam City Clerk, please strike from the record all the
comments by Commissioner Dawkins and Commissioner Plummer, since they've moved
to close debate. All right? It's particularly directed to my "Blues Brother"
on the right, not to you. He's the one that moved it.
Vice Mayor Plummer: Xavier, we're going to miss you.
Mayor Suarez: Thank you. Direct it this way.
Vice Mayor Plummer: Of course.
43
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10, APPROVE REQUEST FOR INLAYING OF DESIGNATED NAME PLAQUES IN THE
INTERNATIONAL STARS WALK OF FAME ON CALLE OCHO - STIPULATE THAT ALL
FUTURE REQUESTS MUST BE APPROVED 60 DAYS IN ADVANCE (Approved were:
Ballet Concerto, Maria Conchita Alonso, Lucia Mendez, Lola Flores,
Rolando Laserie) Benny More and Leopoldo Fernandez).
Mayor Suarez: Item 5. Latin Stars, Inc. Anything to report?
Dr. Luis Prieto: Yes, I'd like to modify the names that are here. There are
six names to be approved here today. I checked the records, and I found that
discussion had taken place at this Commission for Fernando Albuerne and Ballet
Concerto. But a vote had never been taken. I posit it to you, would you like
to add those two names to these today?
Commissioner Alonso: Dr. Prieto, I don't know how in the world a vote was not
taken. When I make a motion, it was second and we voted on that item, and we
said we instructed them to have a star placed for Fernando Albuerne and I
recall precisely, so if it's not recorded, somehow our tapes are not accurate
and the records of the City of Miami are incomplete.
Mayor Suarez: That had to be done before anything else, I thought, yes.
- Commissioner Alonso: So, I'm very surprised to hear that. Something is
wrong, and you must have checked the wrong...
Mr. Prieto: We checked.
Commissioner Alonso: ...records, but precisely I brought the item to this
Commission.
Mr. Prieto: I know.
Commissioner Alonso: It was moved and approved unanimously by this
Commission, so what I like to hear from them because I know we voted and I'm
sure we are happy to do it again, if necessary. But, what I need is a date
when this star is going to be placed in 8th Street.
Mr. Prieto: I believe it's the 10th of May is the date that has been agreed
by them.
Commissioner Alonso: Tenth of May.
Mr. Prieto: Yes. OK, thank you very much.
Mr. Prieto: In fact, I took the liberty to prepare a little biography of the
people involved here today. Unfortunately, it's only a draft. May I...
Vice Mayor Plummer: Well, let me understand...
Commissioner Alonso: Yes.
Vice Mayor Plummer: ...are we here today about 2, 4, 6 names?
Mr. Prieto; Six, first Ballet Concerto...
Vice Mayor Plummer: We've already... wait a minute. Now, something is wrong.
Mr. Manager, I called your office in reference to Ballet Concerto that was
scheduled for February the 4th, and the concern was that they had gone through
all of the process and that there was no problem; that it had been approved,
Now, why are we asked again today, after your office told me that Pallet
Concerto...
Mr. Prieto: It wasn't recorded.
Vice Mayor Plummer; ...had been approved...
Commissioner Alonso; I was.
44
Tp
Vice Mayor Plummer: .,,it was, in fact, a done thing, and now you're telling
me it's not. Where the hell did we go wrong?
g
b
...
Ma. Hirai: They're researching it now. I really don't understand.
t
`'.
Mr. Prieto: I had my staff check with the City Clerk0s Office, and we can't
u—
find the record of that.
Vice Mayor Plummer: Sir, do you work for the Manager?
u
- AI
S
le`
lev
Mr. Prieto: Yes, sir.
Vice Mayor Plummer: Did the Manager tell me...
Mr. Odio: No.
Vice Mayor Plummer: ...that this matter was... You sure as hell did.
Mr. Odio: Me?
-
a,
Vice Mayor Plummer: Yes, sir. Personally.
Mr. Odio: No, sir.
Vice Mayor Plummer: I called your office when I received a call that they
were going forth with Ballet Concerto. Or did I speak to you, Janet? And I
was told that everything was in order, and there was no problem, because I
told you I was going to bring it up at the Commission meeting.
Mr. Odio: Well, we. need to find the records and see if there was not a vote
taken, then it's just a matter of taking a vote.
Vice Mayor Plummer: Well, it's already a done deal and thank God. OK?
Mr. Prieto: Yes, sir.
Vice Mayor Plummer: But, I don't understand.
Mr. Prieto: This is just housecleaning, sir.
Commissioner Alonso: OK, another thing that I'd like to be clear for the
;4
record. We had agreed in the past that the names were going to be submitted
to us for approval.
h
Mr. Prieto: Yes.
,
~
Commissioner Alonso: I -don't want any more "after the fact" approvals.
Mr. Prieto: Agreed.
Commissioner,Alonso: Understood? Because I cannot see the reason why the
names came to us and we were told in the last Commission meeting, it's going
i
to be done `-tomorrow. It's unnecessary. I don't think that, there is any
-.'
urgency in :doing some of these stars. It's not a matter of feeding people or.44
saving lives. Therefore, I don't see the urgency in doing things that way. I
expect that this is provided to us time in advance. That the ones that we
have already approved are placed, and then we continue to approve. $o, this
is the last time that I'm going to vote in favor of a list of names unless
!'
it's done following the instructions that we have given several times before.
Mr. Prieto: I don't see any problem with that, that's fine.
Vice Mayor Plummer: Well, why don't you impose, I think, a reasonable
situation as we spoke before, was that no name could pull a permit that has
not been approved by us, I think we said 60 day:,
Mr. Prieto: Fine,
Vice Mayor Plummer: And I think that's reasonable, that y you must have
Approval 00 days by this Commission, prior to pulling a permit I thin k is e=
reasonable request, And I'll so move.., if you want to move,
F
tI�
45 reb ;ry s
yi
n
Commissioner Alonso: 'Yes, i do. And I'm looking forward to the loth of May
as the day that the Fernando Aibuerne's star will be placed in 8th Street,
Mr. Prieto: Yes, ma'am, that's...
Commissioner Alonso: That is definite.
Mr. Prieto: Yes, ma'am.
Commissioner Alonso: Good, thank you. I so move to approve what we in front -
of us.
Mayor Suarez: Moved. Moved and seconded by Commissioner Plummer, whose
silence is taken to...
Vice Mayor Plummer: Yes, sir, but with the stipulation that all names to the
future must be approved by this Commission 60 days prior to pulling a permit.
,r
Commissioner Alonso: Certainly understood.
Mayor Suarez: It would include that in the motion, if you'd like?
Vice Mayor Plummer: Yes, sir.
Commissioner Alonso: Yes, yes.
Mayor Suarez: All right, and seconded as such.
please call the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-165
A RESOLUTION AMENDING SECTION 2 OF RESOLUTION NO. 90
523, ADOPTED JULY 12, 1990, WHICH APPROVED THE
IMPLEMENTATION OF A PLAN TO INLAY PLAQUES ALONG A
PORTION OF SOUTHWEST 8TH STREET BETWEEN SOUTHWEST 12TH
AVENUE AND SOUTHWEST 17TH AVENUE TO HONOR
INTERNATIONAL ARTISTS, SPORTS FIGURES AND OUTSTANDING
INDIVIDUALS OF THE LATIN COMMUNITY, TO PROVIDE BY SAID _
AMENDMENT THAT THE SUBMISSION OF NOMINEES' NAMES TO -
THE CITY COMMISSION SHALL TAKE PLACE NO LESS THAN
SIXTY (60) DAYS PRIOR TO THE DATE OF CITY COMMISSION
CONSIDERATION OF APPROVAL FOR THE ISSUANCE OF A PLAQUE
PERMIT HONORING SUCH NOMINEE; FURTHER, APPROVING_
CERTAIN NOMINEES TO BE HONORED WITH THE INSTALLATION D
OF A NAME PLAQUE ON THE "LATIN STARS WALK".
Qi
(Here follows body of resolution, omitted here and on
file in the Office of ,the City Clerk.)
Upon being seconded by Commissioner Plummer,
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
------------- --- --- —..---......--_---------------------------------y_....� � �....
11. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF ALLEGED ZONING VIOLATIONS
BY WILF'REDO CURBELO AT 1500 S.W. 13 STREET (See label 34).
Mayor Suarez: The item 6, the people have requested to be heard at 4:00.
Would that be proper, Mr. City Attorney?
Vice Mayor Plummer: Mr. Mayor, I would suggest for these people are coming
out of line, that they be heard at the end of the day. If we have time
remaining.
Mayor Suarez: Yes, I guess what I mean to say, you're right, is that it would
be after 4:00 sometime, certainly...
Vice Mayor Plummer: It's not right to inconvenience other people.
Mayor Suarez: ...not ahead of any of the other items. Would you remind me in
the afternoon, Planning & Zoning, as to item 6. If they're not ready to be
heard at the appointed time here this morning, which I've been advised that
they're not. Are you an opponent or a proponent? -or'neither?
Mr. Keith M. Hardin: I'm the aggravated party. I live next door to that
transit house. They're driving us nuts.
Mayor Suarez: Right, I know. And give us your name on the record one more
time.
Mr. Hardin: Keith M. Hardin, 1510 S.W. 13th...
Mayor Suarez: Keith, this may be resolved once and for all this afternoon. I
beg your indulgence in just... I don't even know where we got the request that
it be heard after 4:00, which according to the Vice Mayor correctly notes,
would mean maybe a
little bit later than that. It
may be disposed very
quickly and maybe to
your satisfaction. I don't know,
but could you just stay
with us another couple
of hours, hopefully. Yes, half
a day, and we'll get it
all resolved so that
we don't have the problem later of them suggesting that
by not being here...
Commissioner Dawkins:
Can we make a promise to him
that we will settle it
this afternoon?
Mayor Suarez: Oh, I
sure hope so.
61
Commissioner Alonso:
Oh, definitely.
i
f{
Commissioner Dawkins:
So he'll know that he won't have
to come back again.
Mayor Suarez: Yes.
How's that, Keith?
Mr. Hardin% Tell me what time you want me here. I will be here.
Mayor Suarez: Well, how about if we just tell h.m we'll try to dispatch it at
4:00 p.m.? In deference to him. Right, we'll use that 'window of opportunity
between 4:00 and 6:00. How's that? You don't have to be here until 400.'`
Mr. Hardin: I'll be here at 4s00 o'clock.
Mayor Suarez: All right, Keith. Thank you.
Vice Mayor Plummer: So be it.
Mayor Suarez: We're adjourned until...
47
:L----—ic—:ta.r—r—Yril+— ----r. r.r ----.u.w:r r.r 41------------- ----- —
12. (A) WAIVE REQUIREMENT UNDER PRIOR RESOLUTION 89-830 FOR MATCHING
FUNDS FROM OTHER DADE COUNTY MUNICIPALITIES AS A CONDITION FOR J;
CITY FUNDING IN CONNECTION WITH ESTABLISHMENT OF NEW TRAUMA
CENTER AT JACKSON MEMORIAL HOSPITAL - DIRECT MANAGER TO RELEASE
PREVIOUSLY EARMARKED $300,000.>
($) COMMISSIONER ALONSO DONATES $2,000 FROM HER DISCRETIONARY FUND
TO JACKSON MEMORIAL HOSPITAL FOR THE ONE -STOP DIAGNOSTIC CANCER 11
TREATMENT CENTER (PRIMARILY FOR POOR WOMEN). 6
(C) CITY COMMISSIONERS EXPRESS WILLINGNESS TO WORK TOWARDS THE
COUNTY'S PROPOSED INCREASE OF ONE PENNY (10) IN SALES TAX,
PROVIDING ONE HUNDRED PERCENT OF REVENUES IS DESIGNATED TO
JACKSON MEMORIAL HOSPITAL.
i,
Commissioner Alonso: OK, may I... '
Mayor Suarez: Yes, Commissioner Alonso. #`
Commissioner Alonso: ...may I take the... remember, if...
Mayor Suarez: It's 2:00 o'clock, by the way, for the afternoon session.
Please, Commissioners, so we don't...
Commissioner Alonso: Yes. I want to bring an item, and this is in reference`:
to the Jackson Memorial Hospital, the trauma center. And in September...
Mayor Suarez: That's why Rich Weiss is out there in his best suit and nice
1:
smile. 4'
Commissioner Alonso: ...September 14, 1989, this Commission approved a
resolution instructing the City Manager to deliver a contribution on behalf of
the City for $300,000 per year, for five years. I understand that it was
approved by this Commission, and the Jackson Hospital, the trauma center, is j
in serious need for this fund. And I would lika to see if a vote is needed at
this time to instruct the City Manager again that this is carried on and the
money given to the trauma center.
Mayor Suarez: It's from the present cycle of Community Development block
grant money?
Commissioner Alonso: It's very much needed for the citizens of Miami. It's;'
the only place that we have, and it saves lives and, to me, it's of great j
importance.
Mayor Suarez: I can't imagine a higher priority. And it's from the current
cycle of CDBG(Community Development Block Grant) funds for this year?
Mr. Richard Weiss: Absolutely, no...
t:
Mayor Suarez: I think that the intent of the motion is to waive the matching
fund requirement.]
Mr, Odio: Well, I want to put on the record why we did not give them the f
money. He was supposed to match funds, and he did not do that and, therefore, 6;
I was in my rights not to give them the money.
ITT,
Commissioner Alonso: Yes, they had some restrictions before. 14
Mayor Suarez: We understand that.
�l{�z
3:
Vice Mayor Plummer: Do we have the money in the Community Development fund? ,
Mayor Suarez: Well, it's being allocated now, and I think the Commissioner's
motion is that this comes off the top.
Mr. Odio; Yes, we...
Commissioner Alonso: Yes, that we...
s
,
Commissioner Dawkins: Wait a minute. 'Whether they matched it or not; is it
in place?
Mr. Odio: Yes. But we couldn't release...
-,,
Commissioner Alonso: So, it should...
Commissioner Dawkins: Half a million dollars is in place.'
n
Mr. Odiot Three hundred thousand.
Mayor Suarez: Three hundred, three hundred.
f.+
Commissioner Alonso: Three hundred thousand.
'
Commissioner Dawkins: All right, Richard, what's the hang-up?
r'
I
Commissioner Alonso: Well, they were waiting for matching funds before.
Mr. Weiss: The Manager...
lt`
3'
Commissioner: Now, we are going to waive that because we feel that this is of
it
{�.
great importance for the citizens of Miami, and for all of the people in Dade
County. Therefore, I'm requesting that it's...
{`
Mr. Weiss: Yes, to be clear, the Manager has been constrained by some
f,
conditions in the resolution under which he could not release said funds`
because of two contingencies. And we're asking you to waive those
contingencies today of the matching funds and that's the purpose of this.
F
Commissioner Dawkins: Nobody up here feels no more strongly about this than I
do, OK?
a
Mr. Weiss: Thank you, sir.
{
Commissioner Dawkins: But, you tell Stanley Tate and everybody else, I'm not
giving $300,000 for them to put in the bank to draw interest.
Si
Mr. Weiss: No, we're building. We need the money today.
Commissioner Dawkins: If you're ready... they are building?
Mr.>Weiss: We're out of the ground, sir.
Vice Mayor Plummer: It's under construction.
Commissioner Dawkins: All right, so you need the money to pay bills.
Mr. Weiss: Yes, sir.
p
Commissioner Alonso: Oh, yes.
Commissioner Dawkins: Well, say that. OK?
Mr. Weiss: Yes, sir.
Commissioner Dawkins: Say, we need the money to pay bills...
Mr. Weiss: We need the money to pay bills..
r:
Commissioner Dawkins: ...of the construction that we've already done.
d
Mr. Weiss: Yes, sir.
s
Commissioner Dawkins: That's all.
Mr. Jorge Fernandez: Yes, I just want to, for the record, Mr. Mayor..,
3�
Commissioner Do Yurre: The only thing is that legally....'
Mayor Suaraz:' Commissioner De Yurre.
49 Fe�#'i3a y 2$, 99 n
4
Commissioner De Yurret .,.the Dray that this had passed was that we will give
the three hundred contingent on everybody giving in their proportionate share
of the cost....
Mr. Weiss You need to revise the resolution.
Commissioner De Yurre: ...and it's, my understanding is that people are not
giving - other communities are not giving their proportionate share...
s
Mr: Weiss No, people...
Commissioner De Yurre: ...so that's why it's before us again.
Commissioner Dawkins: No, other communities are not.
Mr. Weiss: A lot of people are giving their share. We've collected a lot of
money, half, you know, the City...
Commissioner De Yurre: But not all.
Mr. Weiss: Some of the smaller cities are giving us a hard time, and I
just... it's up to you, of course, but I think that the City of Miami, to be
i
held up by some of these smaller cities, because their budgets and things...
Commissioner Alonso: Maybe the Herald will say this time that we are doing
something for the community.
s
Mayor Suarez: No...
1
Commissioner De Yurre: No.
Commissioner Dawkins: No, Commissioner, I'll get us some ink in the Herald.
You tell the Public Health Trust...
Mr. Weiss: Yes, sir:
Commissioner Dawkins: ...that the City of Miami is doing its fair share.
Mr. Weiss: We know that, sir.
Commissioner Dawkins: And when the City of Miami Rescue Mission come there
and other residents of those municipalities who did not contribute, that they z
have to go to the end of the line and let us who contributed get in the front
of the line. Now, that will be in the paper in the morning.
Mayor Suarez: You support, obviously.:
Unidentified Speaker: Good morning, Mr. Mayor, Commissioners... ?,
Commissioner De Yurre: No, well, it's a different item. Let's...
f t'
3_
Vice Mayor Plummer: No Herald employees can apply. K
Commissioner De Yurre: We going to vote on this item?
Mayor Suarez: Yes.
;vc
Commissioner Alonso:
Yes.
Commissioner De Yurre:
OK,
let's go
because this is
a separate item.
Mayor Suarez: OK, so
moved
and, did
we get a 'second?
Commissioner De Yurre:
Second.
Mr. Fernandezt Mr. Mayor,
I just want to make sure.
Thiele a pocket
item;
I -have not had occasion
to
read the
resolution. If
the, conditions that
wom
Ai
imposed at the time
of the passage
of the resolution
were City Commission
impositions...
Commissioner Alonsos
Yes.
}
ki
A
4:yr
1
Mr. Fernandezi ..,then there would be no problem with you waiving them at
this point in time.
Mayor Suarez: That's the understanding, yes.
Commissioner Alonso: 1 believe so.
Mr. Fernandez: If, however, the CD funds - and Mr. Castaneda is not here
the CD.funds...
Mr. Weiss: No, this was City Commission.
Mr. Odio: No, no, I'm here...
Mayor Suarez: We will make the adjustments in any CD agreements.
Mr. Odio: ...and they were not CD fund restrictions. It was the Commission
that wanted everybody to participate their fair share.
Mr. Fernandez: OK, well... all right. j
Mayor Suarez: All right, if there were any CD fund restrictions, we obviously
have to solve that and we will do that with this batch I am sure, between the
two of you. So moved and seconded. Any discussion? If not, please call the
roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-166
A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING ANY
CONDITIONS IMPOSED BY THE COMMISSION IN RESOLUTION NO.
89-830, ADOPTED SEPTEMBER 14, 1989, IN REGARD TO ITS
PLEDGE OF CONTRIBUTIONS IN THE AMOUNT OF $300,000 PER
YEAR FOR THE NEXT FIVE YEARS IN SUPPORT OF THE NEW
TRAUMA CENTER BEING BUILT ON THE GROUNDS OF JACKSON
MEMORIAL HOSPITAL.
(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:
ti
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
z
Commissioner Miriam Alonso *.
Vice Mayor J. L. Plummer, Jr.
4
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Commissioner De Yurre: Mr. Mayor, Mr. Caleb Davis is the...
Commissioner Alonso: If I may, is this a different item?
Commissioner De Yurre: Yes.
Mr. Weiss: Thank you very much.
Commissioner Alonso: OK. May I just make - since it's in reference to the
Jackson - I'd like to take
this opportunity
to...
from last year discretXonary
funds that I still have some left, because
I have
not used this year's, and':I.
have some left from last
year, I'd like
to donate $2,900 :to the Qne Stop
Diagnostic and Treatment
Centex for poor
women,
because I'm very concerned
about what's happening at
the Jackson Hospital.
Mayor Suarez: So moved.
bs.bray;�ii
:: ,.,
-. ,.:,. .,_. ... ,.. .., ..__.��_,-.�.•.�U':�:�--^----=-`-.ram.
A.
Commissioner De Yurret You don't need a vote on that,
Mayor Suarez: And, Mrs Manager, please, so we can complete the morning
proceedings, would you not engage in congratulatory, self-congratulatory...
Commissioner Alonsot Mr. Manger... OK, and I'll do it from my discretionary
funds and i don't think I need a motion for that.
Commissioner Dawkins: That does not take any formal.., no, none at all.
Commissioner Alonso: OK.
Commissioner De Yurre: OK.
Mayor Suarez: All right, but that has been clarified.
Commissioner Alonso: I just donated $2,000 to the Jackson for the Diagnostic
Treatment cancer patients for poor women.
;i
Mayor Suarez: OK, Commissioner De Yurre... go ahead, Commissioner Dawkins.
Commissioner Dawkins: Also, I'd like... one minute. I'd also like to say
that I am working as hard as I can to see that the one cent tax is passed for {
the Jackson Memorial Hospital.
Mr. Weiss: We appreciate it, sir.
Commissioner Dawkins: But, my work - OK, I'm
telling everybody, if the
legislation placed on the ballot does not read
that the money goes to the
hospital Trust, I will work to defeat it.
Vice Mayor Plummer: A hundred percent.
Commissioner Dawkins: I do not want the money to
go to Jackson... Miami... I
mean, Dade County, and then they give it to them.
If they collect it and give
it to them in total.
Vice Mayor Plummer: Wait a minute, wait a minute.
Commissioner Dawkins: Yes, a hundred percent.
Vice Mayor Plummer: A hundred percent of the money
goes to the hospital, not
"
to Metropolitan Dade County.
Commissioner Alonso: That's right.'
Commissioner Dawkins: Dade County, that's right,
J L.
Vice Mayor Plummer: That I'll vote for.
,r
�I.
Commissioner Dawkins: That's right, and we will
work... but other than
that...
f�
Vice Mayor Plummer: But none of this sixty-eight
million to the hospital and
a hundred million to the County, uh uh.
Commissioner Dawkins: One hundred percent.
tit
Commissioner De Yurre: Yes, and then they pull the money out that they give
annually and it just serves the same purpose, you know, they get away with it.
Vice Mayor Plummers If they're going to get hundred million of that
receipient, then I want 27 percent of what this City should receive as what we
give them. That's the only way I'll vote for that, I would much prefer that
the entire bond issue or the referendum that speaks to sale tax, all monies`
collected go to Jackson hospital Trust for operation. OK? But now, here
again, let's don't play games. That if, in fact, that is the case, that the
County cannot fund less than what they Are presently funding Jackson hospital,
Mr. Weiss: The bill that I've seen, although, you know, I have no control
t
here and even less control over what happens at the lsgialature; thatialithe
:
way the bill that I saw reads, which in the cant give ;an less mOne than,'^
Y g Y Y
they gave this year to the hospital.
p
,
�.
52 February 20 09
1r
Vice Mayor Plummer: Richard, I don't want another model foolhardy thing...
Mr. Weiss Right.
Vice Mayor Plummer: ...in which we find that the legislature is funding less
out of the general fund education and throwing in the lotto and telling ut +;
what a great thing they're doing.'
Mr. Weiss: The bill that I saw requires the County to give at least as much
in subsequent years as they gave this year, as a percentage of their budget.
Vice Mayor Plummer: Well, that's not what I've seen.
Mr. Weiss: I'll get you a copy of it, I'll get you a copy of it.
Vice Mayor Plummer: What I've seen is the present proposal is that if the one
penny passes, they're going to give 68 million, I think, to the hospital and
they're going to take a hundred million for their own source of revenue. I
will go out and personally fight that.
a
Mr. Weiss: I don't have a copy. I'll get a copy.
----------------------------------------------------------------------
13. INSTRUCT ADMINISTRATION TO REPAIR ROOF OF CITY• -OWNED BUILDING (GIBSON
AUDITORIUM) PRESENTLY OCCUPIED BY COCONUT GROVE FAMILY HEALTH CENTER.
------------------------------------------------------------------------------
i
Mayor Suarez: All right. Commissioner De Yurre. You want to go ahead and
make the presentation?
Mr. Caleb Davis: Yes...
Mayor Suarez: What is the item about? Can we resolve it
quickly?
Commissioner De Yurre: Yes, Mr. Mayor, this is the Coconut Grove Family
Health Center, and seem...
Mayor Suarez: Oh, the roof.
Mr. Davis: Yes.
-
Commissioner De Yurre: The roof problem and, you know...
Mayor Suarez: This is a City leased property.'
t
23
Mr. Davis: Yes.
f
"r
Commissioner De Yurre: City leased property. And I
think... what's the
amount of the....
Mayor Suarez: Do you take care of any homeless there?
{�
4.
Mr. Davis: Yes, we do. Some that present at the clinic. We also part.of
the....
f�
f`
Mayor Suarez: Do you have any residential... do you have any beds 'there,'
overnight?°
Mr. Davis: No, no residentialbeds.
nt
Mayor Suarez: All right, so that's not...
s
Mr. Davis; It's an out -patient facility.—
7� fi
Mayor Suarez: That's not in the category of the items
that we're going to
clarify for the Miami Herald. All right, what do you...
Mr. Davis: I think the cost is about $6,000 plus dollars
to repair the roof,;
,R
AWL -
Mayor Suarez: I'll spend the root of this year on this one.
_
Mr. Davis: It's in the City of Miami's building. It's in the Gibson
auditorium.
Vice Mayor Plummer: Who owns the building?
Mr.. Davis: City of Miami.
r:
Mr. Odio: We...
Unidentified Speaker: The City does.
c
i
Mayor Suarez: We own it.
i
Commissioner Alonso: City of Miami.
Vice Mayor Plummer: ...our building.
;
Mr. Odio: No, we can fix it. We'll fix it.
Mayor Suarez: All right.
;
Commissioner De Yurre: You'll fix it...
t:
Mayor Suarez: Do you need a motion? Do you want to move it?
1
Commissioner De Yurre: Well, I move that we fix the building, the situation
'
E:
that they have with the roof.
Vice Mayor Plummer: We fix the roof of our own building, second.
i
Mayor Suarez: Right. So that later that is not the issue of us causing
damage to our own building by not fixing it. Moved and seconded. Any
discussion?- If not, please.call the roll.pi
`
The following motion was introduced by Commissioner De Yurre, who moved
#
its adoption:
'
4
MOTION NO. 91-167
1
A MOTION INSTRUCTING THE ADMINISTRATION TO REPAIR
�—
CITY -OWNED BUILDING AT 3230 HIBISCUS STREET PRESENTLY
OCCUPIED BY THE COCONUT GROVE FAMILY HEALTH CLINIC._
04
t
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
EY
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
�i
NOES: None.
�.
ABSENT; None.,
Mayor Suarez: Please be back at 2.00 p.m. and remember that at 7:00 we have
an item that we're all anticipating will be of great interest and, great fun.
Commissioner De Yurre; Everything OK?
'
1
Mr. Davis: Yes, it worked out fine. Thank you.
€t
THEREUPON THE CITY COMMISSION WENT INTO RECESS ATx
�.
11:10 A. M. AND RECONVENED AT 2:10 P.M., WITH ALL
'
-
MEMBERS OF THE CITY COMMISSION POUND TO BE PRESENT
EXCEPT COMMISSIONER DE YURRE,
54 A
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• ,' �F
---------:..--.r-�.-:...-�.:
14. WAIVE ALL BUILDING AND ZONING PERMITS, CERTIFICATE FEES) DOCKAGE FEES AT
FEC PROPERTY, AND STREET CLOSURE AND BANNER FEES REQUIRED IN CONNECTION
WITH 1991 GRAND PRIX.
Mayor Suarez: If the City Manager would kindly take his seat, and the would-
be City Manager would kindly complete his phone conversation, we can otherwise
come to order and reconvene for the afternoon session. I see youngsters in
the back. You're welcome here. Hopefully) whatever item you're here on can
be resolved quickly so you can go back to whatever it is your parents would
like... I see they're going. OK, that takes care of that.
Vice Mayor Plummer: Mr. Mayor, while we're waiting...
Mayor Suarez: Some other youngsters are still here.
Vice Mayor Plummer: While we're waiting for the other Commissioners, can I do
a standard pocket item?
Commissioner Dawkins: No. No more pocket items....
Vice Mayor Plummer: Shut up. Standard pocket item...
Mayor Suarez: Commissioner Dawkins, otherwise known as you "Blue Brother,"
says you've exceeded your allotment.
Vice Mayor Plummer: Well, I appreciate him seconding my motion.
Mayor Suarez: What is the...
Vice Mayor Plummer:
THEREUPON, THE VICE MAYOR PLUMMER READ THE RESOLUTION INTO THE
PUBLIC RECORD, BY TITLE ONLY.
We have done it every year. It is a standard procedure. I so move that we do
it this year.
Mayor Suarez: So moved.
Vice Mayor Plummer: Thank you, Miller.
Mayor Suarez: Commissioner Dawkins seconds it. I understand that by the fact
the way he's holding the phone in his hand. That's close enough. Any
discussion?
Vice Mayor Plummer: This is a motion. Standard
Mayor Suarez: If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-168
`
A RESOLUTION WAIVING ALL BUILDING AND ZONING PERMIT
}'
AND CERTIFICATE FEES, DOCKAGE FEES FOR BOATS MOORING
r
ADJACENT TO THE FEC PROPERTY, STREET CLOSURE FEES, AND
BANNER FEES REQUIRED OF THE EVENT PROMOTERS FOR THE
{`
1991 GRAND PRIX.
(Here follows body of resolution, omitted here and on
r.
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following votesAi
^jr
55 Fob ary %0# 1994
� j J
AYES: Commissioner Millar J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ASSENT: Commissioner Victor De Yurre
Mayor Suarez: Item PZ...
Vice Mayor Plummer: Mr. Mayor, just for your ad...
Mayor Suarez: Yes.
Vice Mayor Plummer: Just for you edification and the other Commissioners, the
Grand Prix this year, because of television, will not be in the month of March
as normal. It will be - the big day is April the 6th, and it's two days prior
to that. And it's because of the CBS commitment for live television that we
will have that it will be as late as April the 6th this year.
Mayor Suarez: You know, I really appreciate during the day, all the times
that edify us. I think we come out of these meetings quite edified.
Commissioner Dawkins: We're well informed after this...
Mayor Suarez% We're educated...
Vice Mayor Plummer: Commissioner Dawkins, will you tell the Mayor to be
quiet.
[NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES
CONSIDERATION OF THE REGULAR AGENDA ITEMS TO CONSIDER
PLANNING AND ZONING AGENDA ITEMS.]
15. DISCUSS AND CONTINUE PROPOSED SECOND READING ORDINANCE AMENDING 9500
a
ATLAS AT 1400 N.W. 10 AVENUE FROM 0I/7 OFFICE -INSTITUTION TO 0I/9
OFFICE -INSTITUTIONAL (Applicant: West Brighton Assoc.) (Continued to
March 28th meeting).
--------- ----------------------------------------------------------- ---
Mayor Suarez: OK, PZ-1...
a_
s
`{{
Mr. Virgilio Perez: Mr. Mayor...
Mayor Suarez: ...before we start swearing in people as our Code requires us
to do, thanks to motion and resolution and ordinance made by someone I won't
-
mention at this point, but he sits all the way to my left. Do we...
Vice Mayor Plummer: City Attorney.
Mayor Suarez: Is this one of the items that may be postponed, by any chance?
I believe you said something to that effect and if so...
Mr. Perez: That's cor...
Mayor Suarez: ...do we have an agreement on both sides so that we need not,
'
get into the substance of it?
Mr, Guillermo Olmedillo; That is correct, Mr. Mayor.
AC
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4 3
3 YY
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4
Vice Mayor Plummars What number?
Mayor Suarez: PZ�1. How do we know that the residents are in agreement,
Virgilib?
Mr. Perez: There is no opposition, Mr. Mayor.
Mayor Suarez: OK.
Mr. Rodriguez: Well, you can find out.
3:
Mayor Suarez: It's one of those items. Propitious items. PZ-1...
Vice Mayor Plummer: Moved to defer.
Mayor Suarez: ... let the record reflect that there is no one in...
Mr. Rodriguez: We continue.
Mayor Suarez: ... here, in opposition to a motion to continue be made by
the
Commission, but with the understanding that if the applicant so prefers,-
and
that their...
Mr. Rodriguez: Continued to March 28th.
Mayor Suarez: To March 28th agenda. So moved by Vice Mayor Plummer,
and
seconded?
Commissioner Alonso: Yes.
Mayor Suarez: Thank you. Seconded, Commissioner Alonso. Call the roll.
Mr. Perez: Thank you, Mr. Mayor.
ON MOTION MADE BY VICE MAYOR PLUMMER AND SECONDED BY COMMISSIONER
ALONSO THE ABOVE ITEM WAS DEFERRED TO THE COMMISSION MEETING ON
MARCH 28TH BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
[NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY
DEFERS CONSIDERATION OF PLANNING & ZONING AGENDA ITEMS TO
CONSIDER NON -AGENDA ISSUES.]
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16. DISCUSS AND REFER TO CITY MANAGER PROBLEMS RAISED CONCERNING STREET ICE
CREAM VENDORS.
[NOTE: INTERSPERSED THROUGHOtiT THE HEREIN TRANSCRIPT ARE
STATEMENTS IN SPANISH. FOLLOWING EACH AND BYERY
STATIMENT, PLEASE FIND THE CORRESPONDING TRANSLATION
INTO ENGLISH OR SPANISH, AS THE CASE MAY BE.
SPANISH STATEMENTS WILL BE DENOTED BY CAPITAL
LETTERS. TRANSLATIONS WERE MADE BY SERGIO
RODRIGUEZ.)
Mayor Suarez: Yes, Commissioner Alonso.
Commissioner Alonso: Yes, I have an item that I'd like to take the
opportunity. I have promised these people that I was going to give them an
opportunity. I am highly concerned, seriously concerned about the problem
that we are having with ice cream vendors in the City of Miami, and what's
happening with the police department. They have come to me, I have been
involved in some cases that are very disturbing. I would like that they take
only a few minutes, and explain to you, some of the problems they are facing.
Here, there are two gentlemen, I would like them to come here, and explain to
us what has happened in the last few days, and I think something has to be
done to correct the situation, and resolve this problem, and work with the
police department to allow these people to carry on with their job, without
some of the problems that they are having of certain treatment as they claim,
from the police department.
Mayor Suarez: OR. Would you give us your name and address, and both of keep
in mind that the item is at the request of Commissioner Alonso, we don't have
it on the agenda. Chances are, we will call the attention of the City Manager
to whatever it is that you contemplate us doing, and then we can put it for
formal consideration.
Commissioner Alonso: Yes. It will have to be that way, and to meet with the
police department, but I think it's important that you hear.
Mayor Suarez: But yes, but we would like to hear from you in deference to the
Commissioner's request, so.
NOTE FOR THE RECORD: Commissioner De Yurre entered
the meeting at 2:14 p.m.
Mr. Rafael Padilla: My name is Rafael Padilla, and I represent the ice cream t
vendors in all Dade County.
Mayor Suarez: It will be helpful if you get just a little closer to the mike, t
Mr. Padilla: OR.
Commissioner Dawkins: Pull the mike.
Mayor Suarez: You can pull it up to you.
Mr. Padilla: OR. Is it possible to speak in English only?
Commissioner Dawkins: Whatever you're comfortable with.
Commissioner Alonso; In Spanish...
Mr. Padilla: I appreciate,
Mayor Suarez; We have a great translator here.
50
Mr, Padilla: BUENO, YO VOY A TOMAR UNOS MINUTOS Y LES AGRADE2CO A LOS
COMISIONADOS LA ATENCION. PORQUE A PARTIR DE UN ARTICULO DEL MIAMI HERALD DE
FECHA FEBRERO 14, 1991....
TRANSLATION: I'm going to take a few minutes, and I would appreciate the
attention from the Commissioners. We appeared in the Miami Herald in the
edition of February 14th 1991,...
Commissioner Alonso: And it's always the Herald.
Mr. Padilla: EN LA CUAL... EN UN REPARTO QUE SE LLAMA FLORAL PARK LA POLICIA
ENTENDIA QUE MUCHOS VENDEDORES NUEVOS EN ESA AREA ESTABAN VENDIENDO DROGAS,
PUES A PARTIR DE ESA FECHA SE HA FORMADO UNA CACERIA CONTRA LOS POBRES
VENDEDORES DE HELADOS. NOSOTROS, EN UNA OCASION SE NOS ACUSO INJUSTAMENTE DE
VENDER DROGAS EN LOS COLEGIOS Y NOS QUISIERON PONER A 2,500 PIES DE DISTANCIA
DE LOS COLEGIOS. Y PRECISAMENTE, COMO NO HABIA RECORD DE NINGUN VENDEDOR DE
HELADOS QUE ESTUVO INVOLUCRADO EN PROBLEMA DE DROGAS....
TRANSLATION: In a neighborhood called Floral Park. The police understood
that many of the new vendors were selling drugs. From that time on, there has
been like a hunt against all the poor vendors of that area. In another
occasion, we were accused unjustly of selling drugs in other neighborhoods.
And they tried to put a twenty-five feet distance from the schools. And since
there was no record of any ice cream vendors that were involved in the selling
of drugs....
Mayor Suarez: I would suggest that maybe what he meant to say is no proof, or
no...
Mr. Rodriguez: No proof, or for any involvement.
Mayor Suarez: ... rather than no record. I can't imagine...
Commissioner Alonso: At least, the people associated with him have never been
involved. He represents an organization of ice cream vendors.
Mr. Padilla:...Y EN ESTE MOMENTO ESTAMOS TRABAJANDO PRECISAMENTE EN LA PUERTA
DE LOS HIGH SCHOOLS. OK, ENTONCES NOSOTROS LO QUE...
TRANSLATION:.. And precisely at this time, we are working at the doors of the
high schools....
Mayor Suarez: What would you like us to do? Because, you have a right, I
think, under our ordinances and licensing systems to be there. Absent some...
Commissioner Alonso: Yes. We have worked on that and it's more or less
resolved - that part.
Mr. Padilla: OK, PERO EN ESTE MOMENTO LO QUE ESTA PASANDO ES QUE LA POLICIA
DE MIAMI ESTA REVISANDO CADA CAMION DE HELADOS, Y COMO NO ENCUENTRAN DROGAS,
ESTAN PONIENDOLE TICKETS A LOS HELADEROS POR CUALQUIER TONTERIA A VECES,
PORQUE PRECISAMENTE UNA DE LAS RAZONES ES QUE NO HAY UNA LIMITACION EXACTA
E
ENTRE LO QUE ES LA CIUDAD DE MIAMI Y EL DADE COUNTY. Y NOSOTROS QUEREMOS
ESTAR CIEN PORCIENTO EN LA LEY. PERO TENEMOS CASOS DE VENDEDORES QUE HAN SIDO
—
ARRESTADOS, EL CAMION SE LO HAN REMOLCADO, Y HAN IDO HASTA LA CARCEL.
TRANSLATION: At this point what is happening, is that the Miami Police
Department is checking each one of the ice cream trucks, and since they cannot
find any drugs. They are putting tickets for any... fines for any kind of
reasons, because there is no clear delineation between the distance... between
the location of the City of Miami, and what is Dade County jurisdiction. We
want to be within the law one hundred percent. And we have cases of vendors
that have been arrested, and their trucks have been impounded, or taken away,
or towed away.
s:
Commissioner Alonso: This gentleman behind him,
Mr. Padilla: Y POR LO TANTO NOSOTROS LO QUE BUSCAMOS ES TRATAR DE COORDINAR
CON LA POLICIA UNA REUNION, ALGO, UNA INVESTIGACION PARA QUE... A VER DE QUE
¢
FORMA NOSOTROS PODEMOS TRABAJAR EN LA POLICIA Y LOS VENDEDORES POR EL BIEN DR+
LA COMUNIDAD. POR EJEMPLO, LE VOY A PRESENTAR A UN VENDEDOR QUE FUR ARRESTADO
r,
EN EL DIA DE AYER.
TRANSLATION: So we will like to have a meeting or a reunion with the Police,
so that we can get together and try to come to an agreement on how we can Game
to an agreement that we work together for the benefit of the community. This
is another vendor that was arrested yesterday.
59 February 24, 19911
xr
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l
i
Mr. Emeka Mbelu: My name Mr. Emeka Mbelu. I live on 1531 NUJ 160th Terrace.
Last week Tuesday, or this week Tuesday, to be precise, around 6:30 p.m. in
the evening, I was driving my truck around 60th Street and 14th Avenue, and a
policeman asked me to pull over by the side of the street, and 1 did so. He
drove behind me, and put on his light. He came to my driver's side and asked
the to get off the truck, which I did. He demanded my documents and
particulars, covering of my business and the van I was driving, and I
presented him with the ones I had. I gave him my driver's license, and my
insurance card. So he demanded about a Dade County occupational license.
Unfortunately, as a matter of fact, I didn't have it on me at the same time
you know of this... at the same time of this pull over. So I told him, I
already had my Dade County occupational license, but I didn't have it on me _
right now, but I can provide it you know, anytime he wants me to, but not now,
because I didn't have it on me. So, he demanded about the City of Miami
license, and told me, I haven't got it. But you know, I am making arrangements
to get it before this week runs out. And besides you know, I understand that
the City of Miami, and the rest of the cities under Dade County, I don't know
the demarcations, or difference you know, between Dade County and City of
Miami, nor the boundaries, you know. So he said, OK, let me... he said he
wanted my driver's license. So he went to his car, shake me out you know,
wrote me three tickets. So, when he came out, I saw the tickets he wrote. He
told me, this one is for not having my insurance, this one is not having Dade
County license, and the last one was not having City of Miami license. I told -
him, I just showed you my insurance, he said, oh! I'm sorry. He cancelled it,
you know. So, he asked me to sign you know, so I asked him, can I read it
over before I sign it? So, he went mad and asked me to get behind his car.
So he took me to Dade County Jail. On the way to jail, I asked him, why are
you taking me jail, officer? He said, because I was proving difficult.
Vice Mayor Plummer: Proving what?
Mayor Suarez: Difficult.
Commissioner Alonso: Difficult, being difficult.
Mr. Mbelu: Because I was proving difficult, you know.
Vice Mayor Plummer: Oh, oh.
Mr. Mbelu: Yes. So, I kept...
Mayor Suarez: Well, let me see if we could cut through this. Were you
charged with anything formally by the Police Department?
Mr. Mbelu: No, not... he wouldn't...
Mayor Suarez: OK, you weren't charged.
Commissioner Alonso: No. You know, the problem that they face, is when
t
something like this happens, and they disconnect the equipment in the car, the
products that they carry gets damaged.
Mr. Mbelu: Yes.
r?
Mayor Suarez: They melt.
Commissioner Alonso: So, not only the inconvenience of the process, but the
{
materials, the ice cream gets spoiled. So, we really have to work on this,
and make to them clear, what are the obligations that they have. Like, he is
`
new in the business. We have to make it clear enough so the people know what
to do, and we know what they have to provide to the police department.'',
Mayor Suarez: In fact,..
Commissioner Alonso: Work together so this doesn't happen again.
Mayor Suarez: I'm glad you mentioned that, because one other time, with
flower vendors, and so on, many, many years ago, I was not on this Commission,
we did precisely what Commissioner Alonso is saying, is to come up with a set
of guidelines of the kinds of things that you have to do, and at the same
time, network with the police department, so than they will not unduly, I hate
'
60 February 20# 1991
r�
to use the work, harass, because maybe, they are just checking out to [Hake
sure that you've got all the licenses, and are doing things properly, and at
the same time, making sure that you are not dealing in drugs. Believe me, if
you are selling within, I forget how many feet of a school, that is a very
serious crime in the State of Florida, now.
Mr. Mbelu: Five hundred feet of the school.
Lt. Joe Longueira: One thousand.
Mayor Suarez: Very good. And I am sure in your case, you wouldn't be selling
it within five hundred feet, or otherwise...
Commissioner Alonso: Right.
Mayor Suarez: ... because you look like a very honest man, and we are very
interested in trying to make sure that nothing is done to prevent you from
carrying on your business. The Lieutenant, is here, unless Commissioner
Alonso has another idea, I think he is willing to meet with him right away,
and start working out these guidelines, and distributing them to the various
commanders in the area, so that they know how to deal with you, and you know
how to deal with them. And also, don't forget, whatever complaints you have,
whatever things you want to tell us about, we have got five of us up here, the
City Manager also loves to get phone calls from people who are trying to carry
on a business in the City of Miami. Keep our numbers handy, call us, and
don't hesitate to meet again with Commissioner Alonso. If we need
legislation, or if we need different kinds of norms to be given to the
department to deal with ice cream vendors, maybe that's possible, I have a
feeling that maybe, it could just be worked out informally.
Commissioner Dawkins: What was the name of the officer or the badge number of
the officer?
Mr. Mbelu: The officer's name is Mr. A. Dominguez.
—
Commissioner Dawkins: Beg pardon? Read that, Joe, for me please.
Lt. Longueira: A. Dominguez.
Commissioner Dawkins: A. Dominguez?
Lt. Longueira: Yes.
Commissioner Dawkins: All right, what's his badge number?
Lt. Longueira: Fifteen eleven, is his IBM number.
Commissioner Dawkins: All right. Well, would you... Mr. Manager.
y
Mr. Rodriguez: Yes, sir.
Commissioner Dawkins: Will you have someone meet with Officer Dominguez, and
have him give you a written report, so that you can refer it back to
t:
Commissioner Alonso, and the rest of us...
Mr. Rodriguez: Right.
Commissioner Dawkins: ... so that when this gentleman comes back to us, we at
least, know...
Mr. Rodriguez: What happened.
Commissioner Dawkins:
Mr. Rodriguez: OK,
Commissioner Dawkins:
know why.
Mr. Rodriguez:
His point of view, yes. Ala
i
Commissioner Dawkins: You see, because if they just harassed him as
Commissioner Alonso said, we can't have that.
Mr. Rodriguez: Sure. We will get a report from him.
f Commissioner Dawkins: Valve got too many people unemployed to be harassing
f== people who are trying to earn a decent living.
Commissioner Alonso: That's right.
Vice Mayor Plummer: Let me just make one point clear. Did you tell the
G officer you would not sign?
Mr. Mbelu: No. I couldn't have told the officer I would not sign. I just
requested, officer, can I read over what you wrote before I sign it. He
apparently got annoyed with me, you know.
Commissioner Dawkins: You don't have to sign it.
Mr. Mbelu: He felt...
Vice Mayor Plummer: OTC. But you didn't refuse to sign?
Mr. Mbelu: No. Of course, I couldn't have refused to sign.
Vice Mayor Plummer: OK.
Commissioner Dawkins: But if you... but you can refuse to sign it, Victor.
They can't put you in jail.
Vice Mayor Plummer: Oh yes, they can.
Commissioner Dawkins: Why?
Vice Mayor Plummer: Oh, yes.
Commissioner Dawkins: Why?
Vice Mayor Plummer: The refusing to sign, is an option that you have of going
to jail. If you sign, because that's a personal appearance guarantee, and if
you sign that, then they don't have to take you to jail. That's an option.
Lt. Longueira: Right. This isn't a ticket, Commissioner. -
Commissioner Dawkins: Well, I'm glad you're here, because I would have gone
to jail.
Lt. Longueira: It's a citation accord.
Vice Mayor Plummer: Well, I am telling you...
Commissioner Dawkins: I thought you have the right to refuse to sign.
Vice Mayor Plummer: No, no. You have an option. You can sign, or you can go
to jail.
Commissioner Alonso: I want you to know also that this is the second case...
Commissioner Dawkins: For a simple thing like that? - come on. If he had
committed murder, I can understand that.
Commissioner Alonso: Yes, I know.
Vice Mayor Plummer: No, no. That's an option passed by the State.
Commissioner Alonso; This is the second case that I heard this week. So,
it's something that we
really have to correct
and get 'the information to the
vendors, and the police
department understand,
and we all understand
what are
the obligations, so that they can conduct their worts in a proper way.
Mayor Suarer-t it could
be put in writing and
distributed to All the
vendors;
We've done that before.
42
robruary
2,8{ 1991
` .
Mr. Rodriguez: All you do is...
Commissioner Alonso: Yes. Also Mr. Mayor, let me make a comment. We are
having problems also with other vendors. You mentioned, and I recalled at the
time, that this Commission worked on regulations for the flower vendors, and
those people. Well, I want you to know that in the year that I have been a
Commissioner, I have been involved in several cases. Some of them, they have
their license and they have been constantly asked to move to another location,
and it has really been difficult. So maybe, sometime in the future we can
place this in the agenda and revisit the whole thing, and make it clear to the
people when they obtain the license, what are the obligations, and also,
inform the police department, because they seem to act like some of them
understand the law, and some others, don't. And then they go to these vendors
and it's not easy for anyone concerned.
Mayor Suarez: OK. Thank you, sir, for your presentation, both of you, and we
will do our best to network with you, and effectively so that it, doesn't
become an adversarial situation with our police department. P
Mr. Padilla: Thank you very much.
Commissioner Alonso: Thank you.
----------------------------------------------------------------------
17. DIRECT CITY MANAGER TO SEEK ALTERNATIVE SITES FOR PROPOSED CHILD CARE
FACILITY TO BE DEVELOPED BY ALLAPATTAH/WYNWOOD COMMUNITY DEVELOPMENT
CENTER, INC. (previously approved by Resolution 90-853 for construc-
tion in Allapattah Residential Mini -Park).
Commissioner De Yurre: Mr. Mayor, if I can just...
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: ... make a quick point. About ten, twelve days ago, I
was invited out to the little mini park where we have approved a day care
canter for the Allapattah/Wynwood community group. And they invited me out
there, because all of a sudden, they are getting together organizing, because
that park seems to be used a lot more that what we thought. They have a
basketball court there, the kids play there on a daily basis. And there was
an uproar of the fact, that it was going to be knocked down, and the day care
center was going to be put in its place.
Mayor Suarez: I feel remiss, and I promised to go there to the neighbors, and
I have not. I am glad that you've done a survey. What can be done? Is there
anyway to accommodate...?
Commissioner De Yurre: Well, the problem is, they pointed out, and I think
that was mentioned here at one of the meetings, that there are two empty
buildings that were used as day care centers.
Mayor Suarez: They did say that here.
Commissioner De Yurre: So, we have two alternatives. I think that in order
to... understanding the need for day care facilities that exist in that area,
and also understanding the need for the kids to have a park to play in, a park
that is being used. We have two alternatives. Either we look into those two
>' buildings and see if they can be used, and (somehow, we can transfer the
process - one, or two...
Vice Mayor Plummer: But they're both owned by...
Commissioner Alonsos I was going to say it. City property?
Commissioner De Yurre: No. It's a private thing, so that would be an option
to look at. The other option is, if we have to do away with the mini park,
getting from park funds, monies to locate lots that we may be able to build'a
new park right around the area for theca. You know, I think that maybe we
weren't aware of the fact that this place was being used as much ns it was by
the neighborhood kids.
63 Yebruary 26{ 14 1
Commissioner Alonso: Commissioner, but you know these things are very
disturbing, and happen often to us. Why the administration did not explain to
this Commission that, that park in fact, was used often; because I am certain
I was not a member of the Commission at that time, but I am certain that you
understood to be that, it was the recommendation that it could be used for
something else. If it is a park that is used often by the people in the area,
it's really frustrating to see that we receive recommendations, and we go
along with their recommendation, and then what, two years later, or maybe
three years later...
Commissioner De Yurre: Couple years.
Commissioner Alonso: .., we find out that, that is the case. It is very
disturbing.
Commissioner De Yurre: I think that, you know, we need to address it, because
I don't think it's over yet, the issue. I think that you know... they are
rallying, they are getting together, and you know, I was out there, there were
a lot kids playing ball.
Mayor Suarez: OK. We probably have approved a use... revocable use permit of
some sort. If it is your intention today to somehow put a stop to that, or at
least freeze that, and put a moratorium on it, you better do something.
-
Mr. Rodriguez: They would be already...
Commissioner Alonso: Well, the problem is this, and let me... and I think I
will advise you of certain things.
Mayor Suarez: Make it loose funding. Yes, make it loose funding.
Commissioner Alonso: We obtain state funds. We went to Tallahassee and told
them, yes, we are supportive of this project, it is a City project, and we got
funds.
Mayor Suarez: Yes.
Commissioner Alonso: These people have plans in effect. They have used part
of that money, and their money to make plans, pay fees, I don't know what will
happen.
Mr. Rodriguez: I believe they are...
Commissioner De Yurre: That's the problem. That you know, there are
commitments to go through with this...
Commissioner Alonso: Yes. So, it's something to look at right away.
Commissioner De Yurre: Maybe, to find... the basketball court that they have
is not a full length basketball court. It's kind of a.small thing, but maybe,
like a 50 by 100 foot lot that could be obtained around there.
Mr. Rodriguez: Commissioner, I believe that when this was discussed at.this
Commission meeting recently, that issue was brought up to your attention, and
I believe that there was a direction from the Commission to allow for the
possible use of basketball...
Vice Mayor Plummer: Both. Mixed.
Mr. Rodriguez: ... not a court, but an area to play basketball, within the
parking area, or part of the area when was not in use.
Vice Mayor Plummer: That was one of the conditions.
Mr. Rodriguez: That was one of the conditions, I believe.
Vice Mayor Plummer; Yes.
Mr. Rodriguez: It was not probably the same kind of situation that you face
now, but they are already well into the probably building permit stage right
now. $0, you have to let me know if you want me to stop the project.
Y
64
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Commissioner De Yurre: The thing is, I don't want to stop... I want to be
able to serve the community by providing this day care facility that is
needed, but by the same time, doing something for the kids that live in that
area, you know, so they don't have to go down blocks away to find another
park, and so, we can provide a facility for them to play basketball.
Commissioner Alonso: Do you think they understood that they will be able to
use park of the facilities, or they were not aware of that?
Commissioner De Yurre: I don't think so.
Commissioner Alonso: They were not aware.
Commissioner De Yurre: And I don't think you can really... there would be
enough room. It's a very narrow...
Commissioner Alonso: It is a small place.
Commissioner De Yurre: ... strip, and I don't think you can actually have
that kind of facility, and a basketball court for them to play in. So maybe,
we can direct... I'd like to direct the administration maybe, to look for a
lot that may be available right around there that can be purchased, and to put
a basketball court for the kids.
Mayor Suarez: OK. So moved.
Mr. Rodriguez: If I understand this clearly, the direction is that we look
for another place for a possible basketball court...
Commissioner De Yurre: I'm talking about right around there across the
street, in the corner, something there that...
Vice Mayor Plummer: Well, I think that's very, very good, but I still think
what you ought to do since we imposed upon the people putting in the day care,
that they had to leave part of that open with a basketball, for the kids.
That you don't go out and purchase anything until you see whether or not it
works out. If it works out, fine. If it doesn't, then I think that what
Victor has said, should be pursued.
Commissioner Dawkins: Just for my own information, where are you going to get
the money from to purchase whatever you're talking about buying?
Vice Mayor Plummer: Miller Dawkins' discretionary fund.
Mayor Suarez: No indication yet as to where the`funds might come from. So,
as of now, it's basically, exploratory, but to report back on a possible site,
and who knows?
Commissioner De Yurre: Look at the layout of the proposed... at the site
plan, and look to see. I don't think that you can really play basketball... _
and do you really want to have like teenage kids hanging around with two year
olds, and you know, maybe, that you want to have them separated to some
degree, so that the kids can do their thing, and the children can be
supervised differently.
Mayor Suarez: Actually, with all the supervision that would be expected when
the kids are there, you would think it would be compatible.
Commissioner De Yurre: And also... is Joe around here?
Mayor Suarez: Otherwise, you can't run a child care center, if you haven't -
got very good supervision.
i
Commissioner De Yurre: There was a great amount of complaint that after the
boys stop playing basketball, and everybody goes home, then a congregation of
different element totally, undesirables, start hanging out in the park, _
Selling drugs and using drugs, and they have been asking for the City to do
something about it. So, I'm going to pass that information over to you.
Thnt 1a n mini nark nn 154-h nnA I A*h U41 Qi.,A ......� L. ♦..__.._ __� � e�ti c�. ___� 9'
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Commissioner De Yurre: OK. Thank you,
Mayor Suarez: Was that a motion?
Commissioner De Yurre: Yes.
Mayor Suarez: I believe it was. Was it seconded?
ry
Vice Mayor Plummer: Sure.
t
Mayor Suarez: OK, Call the roll.
The following motion was introduced by Commissioner De Yurre, who
moved
its adoption:
MOTION NO. 91-169
A MOTION CONCERNING PRESENT PLANS TO TEAR DOWN
PRESENTLY EXISTING BASKETBALL COURT AT ALLAPATTAH
RESIDENTIAL MINI PARK IN ORDER TO CONSTRUCT THE NEW
CHILD CARE FACILITY; FURTHER DIRECTING THE MANAGER TO
FIND AN ALTERNATE SITE TO CONSTRUCT A NEW BASKETBALL
COURT IN ORDER TO CONTINUE TO PROVIDE THE SAME
RECREATIONAL ACTIVITY TO THE COMMUNITY.
-
Upon being seconded by Plummer, the motion was passed and adopted by the
'
following vote:
AYES: Commissioner Victor De Yurre
si
Commissioner Miller J. Dawkins
f'
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
NOTE: AT THIS POINT, THE CITY COMMISSION RESUMES.
CONSIDERATION OF ITEMS ON THE PLANNING AND ZONING
AGENDA.
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18. SECOND READING ORDINANCE: AMEND 9500 ATLAS AT 720 N.E. 69 STREET FROM
RO-2/5 GENERAL RESIDENTIAL TO RG-2/6 GENERAL RESIDENTIAL (Applicants
Palm Bay Club Towers Condominium Assoc., Inc.).
..------------------4-------------------------------4-------------------------
Mayor Suarez: PZ-2. Unanimously approved before.
Vice Mayor Plummer: Move it.
Mayor Suarez: Is there anyone in opposition to PZ-2? Let the record
reflect that no one stepped forward. It's been moved.
Commissioner Alonso: Second.
Mayor Suarez: Second. Any discuss... thank you.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD, BY TITLE ONLY. —
Mayor Suarez: Call the roll.
Commissioner Dawkins: The Planning Department...
Mayor Suarez: Oh! Commissioner Dawkins.
Commissioner Dawkins: ... recommended denial, right?
Mr. Rodriguez: The Planning... yes...
Commissioner Dawkins: Beg pardon?
Mr. Rodriguez: That's correct.
Commissioner Dawkins: Thank you.
Mayor Suarez: Call the -roll.
AN ORDINANCE
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FROM RG-2/5 GENERAL RESIDENTIAL TO RG-
2/6 GENERAL RESIDENTIAL FOR THE PROPERTY LOCATED AT
720 NORTHEAST 69 STREET, MIAMI, FLORIDA, ALSO
DESCRIBED AS TRACT "B" OF THE "AMENDED PLAT OF PALM
BAY CLUB", ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 92 AT PAGE70 OF THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA, AND BY MAKING ALL THE NECESSARY
CHANGES ON PAGE NO. 14 OF SAID ZONING ATLAS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of January 24, 1991,
was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor Plummer, seconded by Commissioner Alonso, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins.
ABSENT: None.
67
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THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10844.
The City Attorney read the ordinanc
announced that copies were available to the m
to the public.
COMMENTS MADE AFTER ROLL CALL:
Vice Mayor Plummer: May I ask my colleague,
on it before, did you find out something that
Commissioner Dawkins: No, I just didn't inte
Vice Mayor Plummer: Ohl OK.
Commissioner Dawkins: No, I didn't find out
Mayor Suarez: Nothing that we are going to r
---------------------------------------------
19. SECOND READING ORDINANCE: AMEND 1051
MAP — CHANGE DESIGNATION AT 3260 S.W. !
MAJOR PUBLIC FACILITIES, TRANSPORTATI
COMMERCIAL (Applicant: Planning, Buildi:
Mayor Suarez: PZ-3. Planning and...
Mr. Olmedillo: PZ-3 and 4, are companion items for property on 3260 SW 8th
Street. This is court mandated action. This went to court, and we were order
to rezone this property to commercial.
Mayor Suarez: OK.
Mr: Olmedillo: -This is Woodlawn Cemetery.
Commissioner Alonso: Moved.
Mayor Suarez: PZ-3 has been moved by Commiss:
Commissioner Dawkins: Second.
`'MayorSuarez: Second. Any discussion? Anyone wish to be heard against this
item? Let the record reflect no one stepped forward.
Commissioner Alonso: We have no choice.
Vice Mayor Plummer:, -Just for my information. Did the court direct you that,
that action taken previously by the Commission was not proper, or did the
court order you to definitely only designate this as restricted commercial?
Mr. Fernandez: Both. In finding...
Vice Mayor Plummer: I understanding the first
Mr. Fernandez: Yes.
-Commissioner Alonso: So we lost the...
Vice Mayor Plummer ... the action of the
improper?
Mr. Fernandez: In denying...
Vice Mayor Plummer: What you are saying is,
zoning designation.
Mr Fernandez: As the petition.., or as
proper and should be granted.
68
Vice Mayor Plummer: But it did not leave any latitude for any other zoning?
Mr. Fernandez: No. Correct. It... actually, it mandated the
Commission... -
Vice Mayor Plummer: Be careful, now. Be careful. I hope you understand the
delineation that I am trying to make. Did the court in fact say, that this
was the only designation that you could make on this property? f
Mr. Fernandez: No, but the court said that the...
Vice Mayor Plummer: Ah... OK, so don't come and tell me that this was
mandated by the court. There are other classifications that this could have
been applied.
Mr. Fernandez: This is a classification that the owners had applied for...
Vice Mayor Plummer: It's not the point I am trying to make.
Mr. Fernandez: And in winning the appeal, in having the City reversed itself,
in fact, the court upheld that the application ask for valid rezoning, and
that we were compelled to give them what that had asked for. And what you are
passing today, is what they originally asked for.
Vice Mayor Plummer: OK. But there were other classifications that could have
been considered.
Mr. Olmedillo: More liberal.
Vice Mayor Plummer: What?
Mr. Olmedillo: More liberal.
Vice Mayor Plummer: I'm not saying that. I am saying... I did not accept the
fact that the court says, you've got to do this, and this alone.
Mayor Suarez: Yes, it's a range of things from that point forward.
l
Mr. Fernandez: No, the court actually said, we should do no less than what we
are doing today.-
Vice Mayor Plummer: OK. So, but it was in the purview for example, that if
this Commission so wanted, they could designate it, I I?
Mr. Olmedillo: That is correct._
Vice Mayor Plummer: Because it's more liberal. No less than the restricted
commercial.
t.
Mr. Olmedillo: You're correct.
Mayor Suarez: OK.
Vice Mayor Plummer: Now, OK. So, I am just makin that ver g y clear, because
you made a comment that said, this. is what the court ordered. This is not
what the court ordered. The court. ordered...
.
Mayor Suarez: No less than this.
Vice Mayor Plummer: .. no less than.
Mr. Fernandez: No less than, correct.
—
Commissioner Alonso: No less than.
Vice Mayor Plummer: OK. It could have been designated another way, and I am
wandering of the hundreds of objectors who came out, and you will recall, I
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did not vote on this before, and I don't know whether I should vote on -it this
time again, but those people that were violently in objection, if they were
told that this is what the court ordered, is a different story. If you told
them: what you just told me, then they are under a misconception, I hope, you
underatand what I am saying.
69 e#x ry 74
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Commissioner Alonso: When I want a clarification. So, I want the City
Attorney to tell me, do I have options?
Vice Mayor Plummer: Yes.
Commissioner Alonso: Can I say, no, to this?
Mr. Fernandez: No. You cannot say, no, to this. You do not have options,
because.
Commissioner Alonso: So, I have to say, yes. I have no choice? —
Vice Mayor Plummer: No, no, no. If in fact, this Commission were to say, we
want it I I, you can say, no, to this. This is exactly the point I am trying
to make.
Mr, Fernandez: I/I was not applied for.
Vice Mayor Plummer: That doesn't make a difference.
Mr. Fernandez: As the application has proceeded, and as it stands in front of you today for you to rule upon, is an application for change of zoning to
this.
Vice Mayor Plummer: But you can deny that.
j
Mr. Fernandez: And give something more, greater than that. j
Vice Mayor Plummer: Exactly. You can, definitely. n
Commissioner Alonso: I can give something greater, terrific.
Vice Mayor Plummer: _That's the point I was trying to make.
Mayor Suarez: In the partial that it's in...
Commissioner Alonso: I'm trying to give nothing, and I am...'
Mayor Suarez: ... ,and with the court ruling, this is the only opt ion,,I is to
vote favorably.: Conceivably, you could come back for something even more {
liberal, which we would presumably have even more objection to.
Mr. Fernandez: Correct.
Commissioner Alonso:- Exactly. So, I have no options of saying no, I cannot
F give this to you. So, what I am doing is saying yes, even though, I might
have regrets, and don't want to do it.
Mr. ,Fernandez: You're under a court order to in fact, give them at the very
' least, this.,
Commissioner Alonso: Good enough for me. OK, fine. :.
Vice Mayor Plummer: For the record, it is my understanding that the purpose
that they wish this to be rezoned, is to build a funeral home, which —would —.in
fact, put me into a conflict of interest, so I,am recl...
Commissioner Dawkins: But what the hell... but why are you raising all... why
are,you delaying all of our time if
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Vice Mayor Plummer; Because I don't like things for you to be. too easy. So '
I'll recluse myself, and sign the slip of not voting.
Commissioner Dawkins: You know, that's ridiculous. Now you hold us up for
thirty-five minutes, and now, you excuse yourself.
Mayor Suarez;
Strike from the record, all the comments of the Vl.ce Magog',
All right, ;}
xz
` Commissioner Dawkins: For thirty-five minutes, you hold us up, now you ro j
oin to excuse yourself,
71
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70 February 3-010 1�4
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Mice Mayor Plummer: Yak, yak, yak.
Mayor Suaret: PZ-3, we have a motion and a second, do we?
Commissioner Alonso: Yes.
Mayor Suarez: Thank you. Read the ordinance.
Mr. Fernandez: So, the ordinance reads...
Commissioner Dawkins: What's the recommendation of the administration?
Mr. Olmedillo: Approval.
Mr. Rodriguez: Yes, recommend approval.
Commissioner Dawkins: Thank you, Mr. Mayor.
Mayor Suarez: Thank you. All right, call the roll.
AN ORDINANCE
PURSUANT TO COURT ORDER, AN ORDINANCE AMENDING THE
FUTURE LAND USE MAP OF ORDINANCE NO. 10544, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR
PROPERTY LOCATED AT APPROXIMATELY 3260 SOUTHWEST 8TH
STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN), BY CHANGING THE DESIGNATION OF THE SUBJECT
PROPERTY FROM MAJOR PUBLIC FACILITIES, TRANSPORTATION
AND UTILITIES TO RESTRICTED COMMERCIAL; MAKING
FINDINGS; INSTRUCTING THE CITY CLERK TO TRANSMIT A
COPY OF THIS ORDINANCE TO AFFECTED AGENCIES;
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVEDATE.
Passed on its first reading by title at the meeting of July 26, 1990,
was taken up for its second. and final reading by title, and adoption. On
motion of Commissioner Alonso, seconded by Commissioner Dawkins, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote: 41
AYES: Commissioner Victor De Yurre `
*Commissioner Miller J. Dawkins -
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None. ;
ABSTENTIONS: Vice Mayor J.L. Plummer, Jr.
. '.' ABSENT: None.
{
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10845. g
tr
The City Attorney read the ordinance into the public record and
F announced that copies were available to the members of the City Commission and
,. to the public. p
r
COMMENTS MADE DURING ROLL CALL:
*Commissioner Dawkins: Following the recommendation of the administration,
Yes.
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s
—
a
20. SECOND READING ORDINANCE: AMEND 11000 ATLAS AT 3260 S.W. 8
STREET(WOODLAWN CEMETERY) FROM G/1 GOVERNMENT AND INSTITUTIONAL TO C-1
RESTRICTED COMMERCIAL (Applicant: Planning, Building & Zoning Dept.).
r_/------------r----------W..---Yr----v--A---------------------------------------
Mayor Suarez: Item PZ-4, is that companion? no.
Mr. Rodriguez: Yes.
Mr. Olmedillo: Companion item, sir.
Commissioner Alonso: Yes.
Mayor Suarez: I'll entertain a motion on it.
Commissioner Alonso: I move.
Mayor Suarez: Moved by Commissioner Alonso. Seconded, Commissioner Dawkins.
Any discussion? Does anyone from the general public wish to be heard on this
item? Let the record reflect that no one stepped forward. Please read the
ordinance. Call the roll.
AN ORDINANCE -
j—
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, PURSUANT TO COURT ORDER, BY
CHANGING THE ZONING CLASSIFICATION FOR PROPERTY
LOCATED AT APPROXIMATELY 3260 SOUTHWEST 8TH STREET,
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN),
FROM G/I GOVERNMENT AND INSTITUTIONAL TO C-1
RESTRICTED COMMERCIAL; BY MAKING ALL NECESSARY CHANGES
ON PAGE NUMBER 40 OF SAID ZONING ATLAS; CONTAINING A
REPEALER. PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of July 26,-was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Alonso, seconded by Commissioner Dawkins, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins'
Commissioner Miriam Alonso
Mayor Xavier L. Suarez.
NOES: None.
ABSTENTIONS: Vice Mayor J.L. Plummer, Jr.
ABSENT: None.;
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10846.
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.
d-'
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72 reb 4ty 268.. 491
(2 ,
21. SECOND READING ORDINANCE: AMEND 10544 (MCNP), FUTURE LAND USE PLAN
MAP - CHANGE DESIGNATION OF BLOCK BOUNDED BY N.E. 50 TERRACE AND N.E. 51
STREET BETWEEN N.E. 2 AVENUE & N.E. 1 COURT (JEWISH,..__')ME) FROM SINGLE
FAMILY AND MEDIUM DENSITY MULTIFAMILY RESIDENTIAL AND RESTRICTED
COMMERCIAL TO MAJOR PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES
(Applicant: Planning, Building & Zoning Dept.).
Mayor Suarez: PZ-5.
Mr. Odio: PZ-5, 6, 7...
Mayor Suarez: How many of these are related to one another now?
Mr. Olmedillo: Right, 5, 6, 7, 8 and 9 are related items. Five through eight
are second readings. These are comp plan amendments, and zoning amendments.
This is the Jewish Home property. And nine is a first reading for a rezoning.
As you can see on the transparency, what you have is that the property...
Mayor Suarez: Let me check with one thing. Is anyone here, and if so, would
you raise your hands if you are here on item PZ-5, 6, 7, or 8?
Mr. Olmedillo: And nine.
Mayor Suarez: OK. Well, I thought you said nine was...
Mr. Olmedillo: Well, nine is a first reading.
Mayor Suarez: Related but...
Mr. Olmedillo: But it's the same...
Commissioner Alonso: But the others are second reading.
Mayor Suarez: Or on PZ-9 for that matter. OK.Except counselor, and your
supporting cast. Does this mean that we are going to basically go with the
positive recommendation and that we expect no controversy? Is there, nothing
from the administration that's problematic about this? - before we swear
everybody in, et cetera.
Vice Mayor Plummer: Is this the Jewish Home for the...
Commissioner Alonso: Yes, so move.
_.l
Mr. Olmedillo: We recommend approval. As I said, the second readings were
already before this Commission. They were approved, they went to the State z
for the comprehensive plan amendments...
Mayor Suarez: And it's been approved since then.
Mr. Olmedillo:
Mayor Suarez:
... they came back, and that is approved.
Is this the first time that we get a State approval? 3
Mr. Olmedillo: No. We have gotten approval for...
Mr. Rodriguez: All of them.
Mr. Olmedillo: ... all of the amendments that we...
Mayor Suarez: All right.
Commissioner Dawkins: This is on what? - 5, 6, 7, 8, and 9?
Mr. Olmedillo: That is correct.
Vice Mayor Plummer: Nobody is objecting?
73
Mr. Olmedillos Not at this hearing. At the PA8 there were people present.
One, two people who voiced objection, but they are not here today. They► were
notified that this meeting was going to be on.
Vice Mayor Plummers OK.
Mayor Suarez: OK. As to PZ-5, we...
Vice Mayor Plummer: 'You're ready?
Commissioner Alonso: Yes, I am.
Vice Mayor Plummer: Move 5.
Mayor Suarez: Moved and seconded, Commissioner Alonso and Vice Mayor Plummer.
Any discussion? If not, please read the ordinance. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1989-2000, FOR THE BLOCK BOUNDED BY
NORTHEAST 50TH TERRACE AND NORTHEAST 51ST STREET
BETWEEN NORTHEAST 2ND AVENUE AND NORTHEAST 1ST COURT,
—
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN),
BY CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY
FROM SINGLE FAMILY AND MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL AND RESTRICTED COMMERCIAL TO MAJOR PUBLIC
FACILITIES, TRANSPORTATION AND UTILITIES; MAKING
FINDINGS; INSTRUCTING THE CITY CLERK TO TRANSMIT A
t
COPY OF THIS ORDINANCE TO AFFECTED AGENCIES;
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
'
Passed on its first reading by title at the meeting of July 26, was
l
taken up for its, second and final reading by title and adoption. On motion of
Commissioner Alonso, seconded by Vice Mayor 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 Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES:, None.
ABSENT: None.
—
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10847.
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.
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22. SECOND READING ORDINANCEt AMEND 10544 (MCNP), FUTURE LAND USE PLAN
MAP = CHANGE DESIGNATION OF BLOCK BOUNDED BY N.E. 52 STREET & N,E. 52
TERRACE BETWEEN N. MIAMI AVENUE & N.E. MIAMI PLACE (AS EXTENDED) AND
REMNANT PARCELS TO THE SOUTH, WEST OF N.E. MIAMI PLACE (JEWISH HOME)
FROM SINGLE FAMILY AND DUPLEX RESIDENTIAL TO MAJOR PUBLIC FACILITIES,
TRANSPORTATION AND UTILITIES (Applicant: Planning, Building & Zoning
Dept.).
Y-------------------------------- ---------------------------------------------
Vice Mayor Plummer: Move 6.
Mayor Suarez: Six has been moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance.
Vice Mayor Plummer: Mr. Mayor, let me ask you. May I ask a question? Mr.
City Attorney.
Mr. Fernandez: Yes, sir.
Vice Mayor Plummer: You know, I hate to be comparing Metro with the City,
but...
Commissioner Alonso: Oh, please.
Vice Mayor Plummer: ... they don't read their ordinances. Is it mandated on
our charter that where we publish the ordinance, copies are made available, do
we have to read every ordinance?
Mr. Fernandez: Yes, it is, air.
Vice Mayor Plummer: That's in the charter?
Mr. Fernandez: Yes, it is.
3.
Mayor Suarez: Could '
y you revisit that somehow, and maybe we could sneak in a
charter change at the appropriate time.
—
Mr. Fernandez: Yes.'
Vice Mayor Plummer: That takes up half our day.
Commissioner Alonso: Right.
Mr. Fernandez: I'm proposing that to you, shortly, that we make a charter
amendment.
Vice Mayor Plummer: OK.
Commissioner Alonso: Wonderful.
Mayor Suarez: Probably, some other reforms that would also speed up...
Vice Mayor Plummer: Like if... like I could make one motion for 5, 6, 7, 8,
and 9, and they pass in one swoop - my God, the time would save us.
Commissioner Dawkins: Not only that, J.L. If it was read...
Vice Mayor Plummer: The County doesn't read them at all.
Commissioner Dawkins: If it was read the first time, I really don't see the
f'
need of reading it the second time.
Vice Mayor Plummer: Well, all right. Hey, Mr. City Attorney.
2 .
Mr. yernaaders Yes, sir.
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Vice Mayor Plummer: If you read it the first readings do you have to read at
_
the second?
Mr. Fernandez: Yes, sir.
Vice Mayor Plummer: If you read at the second, do you have to read at the
first?
Mr. Fernandez: Yes, sir.
Vice Mayor Plummer: The hell you say, good-bye.
Mayon Suarez: I think he was being facetious with his answer, as you were
with your question.
Vice Mayor Plummer: No, he asked a question, do they have to read it on the
second ordinance?
Mayor Suarez: The answer on that, is yes, but I thought you asked about the
'
third.
Vice Mayor Plummer: Wow.
Mayor Suarez: All right, anyhow, call the roll on PZ...
Mr. Fernandez: Number six.
1
Commissioner Alonso: He is getting ideas.
s_
Mayor Suarez: Yes, really... six, PZ-6. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1989-2000, FOR THE BLOCK BOUNDED BY
NORTHEAST 52ND STREET AND NORTHEAST 52ND TERRACE
BETWEEN NORTH MIAMI AVENUE AND NORTHEAST' MIAMI PLACE
(AS EXTENDED) AND REMNANT PARCELS TO THE SOUTH, WEST
OF NORTHEAST MIAMI PLACE, MIAMI, FLORIDA (MORE
-
PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE
DESIGNATION OF THE SUBJECT PROPERTY FROM SINGLE FAMILY
AND DUPLEX RESIDENTIAL TO MAJOR PUBLIC FACILITIES,
TRANSPORTATION AND - UTILITIES; MAKING FINDINGS;
_
INSTRUCTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
Passed on its first reading by title at the meeting of July 26, was
taken up for its second and final reading by title and adoption. On motion of
r
Vice Mayor Plummer, seconded by Commissioner Alonso, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
'
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
k
NOES: None,
b.
r`
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10848.
"t
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commisajon And
to the public.
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23, SECOND READING ORDINANCE: AMEND 11000 ATLAS - CHANGE DESIGNATION OF
BLOCK BOUNDED BY N.E. 50 TERRACE & N.E. 51 STREET BETWEEN N.E. 2 AVENUE
N.E. 1 COURT (JEWISH HOME) FROM R=1 SINGLE FAMILY, R-3 MEDIUM DENSITY
MULTI FAMILY RESIDENTIAL C-1 RESTRICTED COMMERCIAL TO G/I GOVERNMENT
INSTITUTIONAL. (Applicant: Planning, Building & Zoning Dept.).
Mayor Suarez: PZ-7
Vice Mayor Plummer: Move eight.
Commissioner Alonso: Seven.
Vice Mayor Plummer: Seven? Move seven.
Mayor Suarez: Moved and seconded.
ordinance. Call the roll.
AN ORDINANCE -
Any discussion? If not, read the
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI$
FLORIDA, AS AMENDED, BY CHANGING THE ZONING
CLASSIFICATION FOR THE BLOCK BOUNDED BY NORTHEAST 50TH
TERRACE AND NORTHEAST 51ST STREET BETWEEN NORTHEAST
2ND AVENUE AND NORTHEAST 1ST COURT, MIAMI, FLORIDA
(MORE PARTICULARLY DESCRIBED HEREIN), FROM R-1 SINGLE
FAMILY, R-3 MEDIUM DENSITY MULTIFAMILY RESIDENTIAL AND
C-1 RESTRICTED COMMERCIAL TO G/I GOVERNMENT
INSTITUTIONAL; BY MAKING FINDINGS; AND BY MAKING ALL
NECESSARY CHANGES ON PAGE NUMBER 16 OF SAID ZONING
ATLAS; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of July 26, was
taken up for its second and final reading by title and adoption. On motion of
Vice Mayor Plummer, seconded by Commissioner Alonso,
the Ordinance was
thereupon given its second and final reading by title and
passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
_
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
4:
s,
ABSENT: None.
,'
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10849.
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.
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24. SECOND READING ORDINANCEt AMEND 10544 (MCNP) FUTURE LAND USE PLAN MAP
CHANGE DESIGNATION AT 35-57 N.E. 52 TERRACE 30--58 N.E. 53 STREET
(JEWISH HOME) FROM MAJOR PUBLIC FACILITIESi TRANSPORTATION AND UTILITIES
TO DUPLEX RESIDENTIAL (Applicantt Planning, Building & Zoning Dept.).
-------------------------------------------------------------------------
Vice Mayor Plummer: Move eight.
Mayor Suarez: PZ-8 has been moved.
Commissioner Alonso: Second.
Mayor Suarez- Second. Any discussion? If not, please read the ordinance.
Call the roll.
AN ORDINANCE -
1
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1989-2000, FOR PROPERTY LOCATED AT
APPROXIMATELY 35-57 NORTHEAST 52ND TERRACE AND 30-58
NORTHEAST 53RD STREET, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE
DESIGNATION OF THE SUBJECT PROPERTY FROM MAJOR PUBLIC
FACILITIES, TRANSPORTATION AND UTILITIES TO DUPLEX
RESIDENTIAL; MAKING FINDINGS; INSTRUCTING THE CITY
CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO AFFECTED,
AGENCIES; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of July 26, was
taken up for its second and final reading by title and adoption. - On motion of
Vice Mayor Plummer, seconded by Commissioner Alonso, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
-
NOES: None.
ABSENT: None,
:�—
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10850.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the'City"Co'mmission and
to the public.
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25. FIRST READING ORDINANCE: AMEND 11000 ATLAS - CHANGE DESIGNATION OF
BLOCK BOUNDED BY N.E. 50 TERRACE N.E. 51 STREET BETWEEN N.E. MIAMI PLACE
N.E. 1 COURT (JEWISH HOME) FROM R-1 SINGLE FAMILY TO G/I GOVERNMENT AND
INSTITUTIONAL (Applicant: Planning) Building & Zoning Dept.).
-------------------------------- -------------------------------------------
Vice Mayor Plummer: Move nine.
Mayor Suarez: PZ--9 has been moved.
Commissioner Alonso: Second.
Mayor Suarez: Second. Any discussion? If not, please read the ordinance.
Call the roll.
AN ORDINANCE -
.
,x
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY CHANGING THE ZONING
CLASSIFICATION OF THE BLOCK BOUNDED BY NORTHEAST 50TH
TERRACE AND NORTHEAST 51ST STREET BETWEEN NORTHEAST
MIAMI PLACE AND NORTHEAST 1ST COURT, MIAMI, FLORIDA _
(MORE PARTICULARLY DESCRIBED HEREIN), FROM R-1 SINGLE
FAMILY RESIDENTIAL TO G/I GOVERNMENT AND
INSTITUTIONAL; BY MAKING FINDINGS; AND BY MAKING ALL t
NECESSARY CHANGES ON PAGE NUMBER 16 OF SAID ZONING
ATLAS; CONTAINING A REPEALEI% PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Was introduced by Vice Mayor Plummer and seconded by Commissioner Alonso
and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre_
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
-----------------------------------------------------------
iCe 26. DISCUSS AND TEMPORARILY TABLE PROPOSED FIRST READING ORDINANCE AMENDING
10544 (MCNP), FUTURE LAND USE PLAN MAP, BY CHANGING DESIGNATION AT 2557-
2613 S.W. 1 STREET (LESS S. 1' OF LOTS 16, 17 & 18 AND LESS E 1' OF LOT
18) (RANDLE EASTERN AMBULANCE SERVICE) FROM DUPLEX RESIDENTIAL TO
RESTRICTED COMMERCIAL (Applicant: Cruz & Cruz) (See label 31).
------------------------------------------------ ----- ------ -
Mayor Suarez: PZ-10,
Mr. Olmedillo: PZ-1.0 and PZ-11 are companion items. This is ;for progeny
located off of at 27th Avenue SW and 1st Street. You may remember that it
came to a Point that the neighbors were here in opposition, and you
instructed, or the applicants requested continuance, so that they could woxk
things out with the neighbors. We were not party of those conversations.,opt
We did recommend denial. We recognized that :lie covenant that wits Preferred
Mayor Suarez: Do we have people here that are in opposition to the
application of P2-10, or in representation of the neighbors? OK.
Commissioner Dawkins: No.
Mayor Suarez: And presumably, we may or may not hear that any sort of an
agreement has been reached. And what I do want to do, sir, if you would stand
up - are you the only one?
Unidentified Speakers The others couldn't be here at this time.
Mayor Suarez: OK. Would you please come up close to the mike so that... or,
you can stay there if you like. You can stay there until they finish their
presentation, but swear the applicants and the gentleman in, please, Madam
City Clerk, everybody.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE 140.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES:
Mayor Suarez: Commissioner Dawkins wanted to ask a preliminary question.
Commissioner Dawkins: Staff recommended denial. What's your recommendation,
today?
Mr. Olmedillo: We recommended denial. However...
Commissioner Dawkins: OK, fine, that's all right.
Mayor Suarez: He says that, they proffered that...
Vice Mayor Plummer: Is that on both?
Mr. Olmedillo: On both.
Vice Mayor Plummer: Denial on both? - OK.
Mayor Suarez: But they proffered something that may or may not change your
recommendation, because it might be attentive to your concerns.
Mr. Olmedillo: Well, what happened is that we established the concerns which
was neighborhood intrusion, domino effect, and all those things. And with the
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covenant, the application did address all those concerns.
Mayor Suarez: OK. We'll hear...
Commissioner Dawkins: But you still recommend denial?
Mr. Olmedillo: Right. Because remember the recommendation is on the
application without the covenant.
Commissioner Dawkins: Yes, or no.
Mr. Olmedillo: Yes.
Commissioner Dawkins: Thank you.
Mayor Suarez: Counselor, would you.tell us about that, and then, if there..is
any kind of an agreement, let us know about that too, please?
Mr. Traurig: For the record, my name is Robert H. Traurig. I am an ;attorney
with offices at 1221 Brickell Avenue. Although Mr. Olmedillo said ,that the
staff had recommended denial, I think that he was stopped before he could
explain that the recommendation that was in your kit, was the original
recommendation prior to any PAB(Planning Advisory Board) or zoning board
hearing, and therefore, they continue to submit the same recommendation. Now
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that we have deleted the South one foot of our property, so that we don't go
all the way to lot Street, and now that we have given a covenant that does
several things, one, limits the use of the property for ingress and egress to
only the westerly portion of the property, coming in off of 27th Avenue and
into the property off of 27th Avenue, into the one driveway, and no use of lot
Street from 25th Avenue which is the Miami High location, to this site, but
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all traffic has to ingress and egress from that one location, and in eddition
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to that, no horns, no sirens, et cetera, we have substantially improved the
situation over what it was when the Planning Department originally looked at
this
application, and
I think that Mr. Olmedillo was saying to you, that at
the
present time, based
on the covenant, and based on this explanation, and
the
removal of the one
foot, their recommendation is probably different. I
am,
you know, assuming
based on prior discussions. Is that correct, sir?
�e
Mr.
Rodriguez: I think our recommendation stands, Mr. Traurig. Maybe whenL
6
you
discuss the issue
with the Commissioners, and you can convince them that
you
have corrected all
the complaints and concerns that we had, the Commission
might see differently,
but we stand with our recommendation.
Vice Mayor Plummer: They only know how to read a book.
Mr. Traurig: All right. But basically, you have heard our argument. I am
talking, and Miss Fraga will talk in just a moment with regard to property
that is within this square, this rectangle, rather. Our property which is the
Randle Eastern property is at 27th Avenue and let Street. We have one lot
contiguous to our property, and which parking is already permitted as a result
of the conditional use that was granted about thirty years ago. We are
continuing to operate the property exactly the way we have all this time...
Mayor Suarez: So theoretically, that means, that extends your right to use
the nonconforming... in a nonconforming manner, right?
Mr. Traurig: Yes. But we would like to rezone that easterly lot in order to
redevelop the site, so that we could put an office building there with three
stories. The first of which would be open parking, the other two stories,
would be commercial, just as the property immediately to the south which is
the Humana property on the south side of 1st Street at 27th Avenue. There was
concern expressed by our neighbors, and by other people, with regard to the
utilization of 1st Street for our traffic which was an imposition they said,
on the neighborhood. And we accepted what they said, and therefor, we have
revised our covenant, and we have limited ingress and egress to that one
location. We need to have that location in order to get the traffic up 1st
Street, so that it could clear 27th Avenue and go south, and we have given a
covenant to staff to effectuate what we have just explained to you.
Mayor Suarez: So that would be one egress...
Mr. Traurig: One opening for ingress and egress...
Mayor Suarez: Or both, on SW 1st?
Mr. Traurig: On SW 1st Street. It's not this lot, it's on the lots that are
presently zoned commercial. So we are actually improving the situation by
limiting the traffic on all of the lots to just one access point on 1st
Street.
Mayor Suarez: What guarantee do we have...?
Vice Mayor Plummer: Excuse me, Mr. Mayor. I tried to bring out at the last
hearing. You're talking to a former ambulance driver back in the 150s. Mr.
Mayor, that is very important for this reason. If in fact, they are to have
to go south on 27th Avenue, which is the main arterial, and they have to do
that in many instances, if we restrict them only to egress on 27th Avenue, to
go south, they would have to go down to Flagler Street, a very busy, busy,
congested intersection, either make a U-turn to come back, or do a series of
right turns, or a series of left turns to get back to 27th Avenue, to go
south. So, I am saying to this Commission, that it is very, very important
that they have that egress where they can come out only to 27th Avenue, cross
over, and go left. That is the only legal thing they can do. Now, one of the
other things we can do to protect the neighbors driveways can be so designed
with curbing and small fences that they cannot make a left turn, they must go
out to the right, if you know what I mean, you don't make the driveway
straight in, you make it on a slant, and as such, that is the only way they ;
can turn. And I can tell you, with the length of an ambulance, you might be
able to maneuver with a car, but with an ambulance, you cannot.
Mayor Suarez; And then that means that ingress would be through where...?
Vice Mayor Plummer;
Mayor Suarez: It would have to be on 27th?
Vice Mayor Plummer: Yes, sir. Egress by that one, would be for the emergency
vehicles primarily, but anybody can egress, but the same thing prevails. They
could only egress west to 27th Avenue. It would be impossible if the driveway
is built properly to ingress coming west on 1st Street. So that is possible. a
Mayor Suarers Dever quite impossible, but...
Commissioner Alonso: Actually, they should keep 27th as ingress and egress,
it should be one in let Street.
1
Vice Mayor Plummer: Well) that's fine.
Commissioner Alonso: And then, we will have some sort of guarantee that the
traffic will not be inside of the neighborhood.
Vice Mayor Plummer: It cannot travel... it can't go...
Mayor Suarez: I thought that's what he meant to say. If you didn't... n
Mr. Olmedillo: That too.
Vice Mayor Plummer: When Mr. Traurig was talking, he was saying...
Mayor Suarez: Both.
Commissioner Alonso: ... both.
Mayor Suarez: Right, OK.
Commissioner Alonso: So what we are trying to say is, we are saying just one,
egress...
Mayor Suarez: Just egress.
Commissioner Alonso: ... so they go west.
Mayor Suarez: Either by configuration, or by signage.
Commissioner Alonso: So they don't go into the neighborhood. If we say both,
what we are going to say is, they are going to have lots of traffic.
Mr. Rodriguez: Mr. Mayor, if I could clarify. I think if they...
Mayor Suarez: And you are forcing them to I'm sorry, Sergio - by doing that, you are forcing them when they come back, where presumably they are not in an
emergency situation, to go around as many times as they have to, but disrupt
the neighborhood as little as possible.
Commissioner Alonso: When they come back, I don't see the emergency.
Mayor Suarez: Right. OK.
Mr. Rodriguez: I think it's,the. same thing that you are both saying. That we have in 27th Avenue, ingress and egress. And then on 1st, only egress?
k= Vice Mayor Plummer: Correct.
Commissioner Alonso: Fine.
Mr. Rodriguez: And only to the west?
Vice Mayor Plummer: That's correct.
Mr. Rodriguez. I mean, if we can guide the traffic to the west. '
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Commissioner Alonso: Exactly. Yea.
Vice Mayor Plummer: That's correct.
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Mayor Suarez: OR,
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Commissioner Alonso: And also, ask them to be better neighbors, taking better
care of the property outside.
Mayor Suarez: Yes, yes, yes. Are we going to hear from you at some point,
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sir? Or are you going to tell us that...
Unidentified Speaker: I hope.
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Mayor Suarez: ... in opposition to everything that we've heard?
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Unidentified Speaker: I beg you pardon?
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Mayor Suarez: In opposition basically, still, or some of your concerns have
been alleviated?
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Unidentified Speaker: No, not entirely.
Mayor Suarez: OR. Why don't you come up to the mike just in case we want to
ask you what direction that opposition will be taking, so that we don't redo
the thing twice. But go ahead, counselor, if you want to finish off.
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Mr. Traurig: Mr. Mayor, Mr. Garner will like to explain something to you. He
is with Randle Eastern.
Mayor Suarez: OR. And my question was going to be... what's the last name,
I'm sorry?
Mr. Garner: Bob Garner, vice president, Randle Eastern.
Mayor Suarez: Mr. Garner. And perhaps, ,your attorney can answer it better.
From my perspective, what assurances do we have, if any, and I am not sure
that we can constrain this, but I would like in my vote, to at least consider
it, that you are not going to increase the volume of operation, cars,
activity, etcetera, in the area by this zoning change that you are applying
for?
Mr. Garner: Well, the zoning change that we are applying for really has
nothing to do with volume. It's just simply a matter as Mr. Traurig pointed
out, to really beautify the area, and make some improvements that we have been
unable to, because of the limited use.
MayorSuarez: Well you're building an additional building, you're building
additional parking, are you not?
Mr. Garner: To take the place of existing buildings which we were unable to
replace...
Commissioner Alonso: Yes, replacing them.
Mr. Garner: . because of the type of existing zoning. -
Mayor Suarez: In all cases, you're telling me that you are having exactly the
same square footage as you had before?
Mr. Garner: That's correct - in terms of the lot.
Mayor Suarez: And the same exact parking
lot square footage as you 'had
before?
Mr. Garner: No, because...
Vice Mayor Plummer: More.
Mr. Garner: ... we are building a three story
building,' which the first floor
would be for parking.
vice Mayor Plummer: More parking.
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Mr. 'Garner: So it increase,..
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trobruary 28;
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Mayor Suarez- I'm not entirely a dummy, although some people disagree with
some of that. What assurances do we have, if any, that you are going to not
increase the volume of activity out of that facility? - if we grant this.
Mr.,Garner: I am not quite sure exactly what you are asking us to do...
Mayor Suarezi You've added some parking. You've re -configured your buildings
presumably, with some more square footage, or exactly the same?
Mr. Garner: Well the square foot... we now have a duplex on that property)
and that would obviously be taken down...
Mayor Suarez: Right.
Mr. Garner: ... and the square footage that would replace it, in terms of...
Mayor Suarez: What's in that building now, in that duplex?
Mr. Garner: It's a combination of training and dormitory facilities, and some
storage.
Mayor Suarez: Are you going to have more net square footage of building, or
of parking, when all of this scheme is completed, if we approve it?
Mr. Garner: We will have more net square parking square footage. However, I
don't have an architecture rendering, so I can't tell you exactly with the
building.
Mayor Suarez: So what assurances do I have, that because you are going to
have more met square footage of parking, you're not going to add more
ambulances to that facility? - and what is already a difficult situation for
the neighbors, will not become even more difficult from all that activity?
Mr. Garner: Well, in terms of the difficulty with the neighbors, and of
course, I would defer to our neighbor to address that, but I think that the {
neighbors' situation is more the traffic situation, which is something that
has been in existence since 1955.
i
Mayor Suarez: That's why I was asking about the ambulance activity. The more
ambulances you have, the more traffic potentially.
Mr. Garner: Basically, we are eliminating all that activity.
Vice Mayor Plummer: Explain to the Mayor, that that is your main depot. That
you have many satellites where you keep other ambulances, and vehicles. The
Mayor is concerned that you are not going to close all the satellites, and
dump all of the equipment back on to the one you are, and double the number of
vehicles.
t.
Mr. Garner: Commissioner, Plummer, you put it very well. The satellite
stations are essential to a countywide ambulance service. We have no
intention of increasing the amount of activity in that area, because it will
be of no.advantage. to us. The growth in Dade County on the contrary, is
moving to the south and southwest.
f dif i i ti i h
Vice Mayor Plummer. Mr. Mayor, justor your a cat on, many mes,:w t
Randle Eastern, the only time an ambulance comes into the main facility there
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on 27th Avenue, is to pick up linens, to pick supplies, and go right back out
to the satellite station. So in fact, they don't park there. They have just
enough there to basically maintain the core area, the satellites as ,far as
Homestead.
Mayor Suarez: Sir, I have one other point to make here. Not exactly directly'.
related to, what .you are seeking today, but indirectly. I'm shown a State
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Statute 316.271 sub section 6. It talks about emergency vehicles and the
noise they make, You are familiar with that articular g problem in our
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community, are you not?
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Garner:
I've heard that problem addressed, yes.
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Mayor Suarez: Very good. Our rescue vehicles almost by definition, are
taking care of emergencies, because otherwise they wouldn't be out there. At
least, we try to keep them to that. Your ambulances sometimes do, and
sometimes don't take care of emergencies, and yet they always make an
incredible amount of noise - always, that I have noticed. You know, I mean,
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except when they come back, when they are transporting a patient. They seem
to believe that because they a transporting a patient, they can make all the
noise they want, and I want to point to the section of the statute the City
Attorney just gave me, which says that "such siren, whistle, or bell should
not be used except when the vehicle is operated in response to an emergency
call. Or in the immediate pursuit of an actual or suspected violator of the
law - which I am sure is not the case for your ambulances -- in which event the
driver of the vehicle shall sound the siren whistle" et cetera. And of
course, I think it applies by the rest of the wording to when they interrupt
traffic, and don't follow traffic signals, et cetera. Will you take care of
service so that we don't have to have an enforcement effort on this ordinance
r
that, that is in fact complied to, particularly when you are operating in a
residential community as you are there? But I think it applies, generally. I
mean, just last night it happened, that we were driving through that general
area, and one of your vehicles was coming by, and we were on bicycles, and the
noise is incredible. You wonder if it is really an emergency situation. I
suspect, most of the time, it isn't.
- Mr. Garner: Were you in the City of Miami when you were riding on the
bicycles?
j
Mayor Suarez: Oh, yes.
Mr. Garner: Chances are that it was responding...
Mayor Suarez: It would be a long time for me to drive outside of the City of
Miami on a bicycle, I guarantee you that.
Mr. Garner: The reason I asked the question, is because the majority of time
is the City of Miami when we are responding to emergencies, or for City of F
E-
Miami rescue. Because as you are aware, we have the contract with Dade
County. So the majority of those times that they are on emergency runs, are t
for Dade County, City of Miami, Hialeah Beach Rescue. But we will certainly
take a look at it.
i
Mayor Suarez: Well, my expert on these matters at the time was my wife, who
told me that most of the time, people get a hold of our rescue vehicles when
they have a true emergency, and that your ambulances are really just
transporting patients most of the time, and not a true emergency, and they act
as if they own the road, they act as if they can make all the noise they want,
and you know, this is really not what the code envisioned, so, you might want
to just tighten out on that, and people might react a little more favorably to
the service that you provide.
Mr. Garner: I'll tell you what I'd love to do, is spend some time with you,
individually, and we will work on that because, I'd love to...
Mayor Suarez: Well, I was over there too. I had to tell you between the last'
hearing and this one, I am not sure you want me to report as to what I saw. I E
think Commissioner Alonso already alluded to the general upkeep of the area.
# It is not a very favorable opinion that I have. Maybe after this, you would
improve it, I don't know. Maybe, our neighbor could speak... after what he
brought up to the Commissioner last time, if it's improved dramatically, and
we have eliminated all of the angle parking and...
Mayor Suarez: I did notice that that was not taking place, at least the day
that I was there.
Mr. Garner: Would you want to speak to that? because he would be a better
reference and I.
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# Mayor Suarez: Well. Commissioner Dawkins, I think wants to ask something.
z=. Commissioner Dawkins: I need you and J.L. to clear a something for me,
Y P $ 'J.L,
z. said that, that facility was for the service of that area, and I heard the
owner said that most of their emergency calls are for Dade County. And if
—, a+ nf his nails are for Dade County. why is it necessary to do what we are
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doing to the facility within the City of Miami, when he says his calls.. that
we handle our own in the City and his calls go to the County.
Vice Mayor Plummer: It's not true.
Commissioner Alonso: It's just the opposite.
Vice Mayor Plummer: It's just the opposite though, Miller. I didn't
understand him that way. Most of the call that they have because of their
contract, is with the City of Miami, because the County...
Commissioner Dawkins: Well, that's not what he... that's not what he said.
Vice Mayor Plummer: 'That's what I thought he said.
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commissioner Dawkins: OK. I'll rephrase it. That's not what I heard.
Mr. Garner: Could I help you, Commissioner, with exactly the situation with
the contract? It's a county -wide contract for all of Dade County. The
predominance of calls is with the City of Miami Rescue. Dade County
administers the contract, but we serve all five rescue agencies, including the
City, and the City is the busiest of all five agencies.
Commissioner Dawkins: Thank you.
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Mr. Garner: I's sorry I wasn't clear, sir.
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Commissioner Dawkins: OK. Thank you.
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Mayor Suarez: All right, sir.
Mr. Tom Heid: Thank you.
Mayor Suarez: Give us the name and address, please.,
Mr. Tom Heid: The name is Tom Heid, address, 2512 SW 1st Street. As far as
whether it's with the City or the County, I don't really see what difference
it makes.The noise, whether they are going to be attending someone in the
City or the County, it's still the same.
Mayor Suarez: Oh yes. I think the implication was that somehow on one case,
it would be for a particular emergency, and another case, it would be non -
emergency, or something - if that was the argument he was trying to make.
Mr. Heid: Oh! I see. OK.
Mayor Suarez: I'm not sure that it was entirely clear to all of us, but
maybe,' it was clear to you.
Mr. Heid: First of all, I would like to clarify something that. Mr. Traurig
,
had stated earlier. He refers to the one opening in Eastern's wall there, on
the north side of SW 1st Street. In fact, there are two there. One towards
27th Avenue, and one, just approximately 50 feet from easternmost lot line.
#
Now, I recall Commissioner Plummer's objection the last time about the
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difficulty that an ambulance would have making a left turn on... I'm sorry,°a
fright turn... no a left turn, on 27th Avenue. If they had to go out on to
27th Avenue, and go down Flagler street, and as he said today, make a U-turn,
and I can appreciate that problem. I would not particularly have any
objection to ambulances coming out on the easternmost, exit, and making a left
turn on 27th Avenue, because I realize, as it's been brought up, that it
creates a problem for them. My objection and the other neighbors who could
not make it here today because of the time, they have to work, and they can't
=
get off their job, with the exception of the person most concerned, whose
property is immediately contiguous with lot number 18. And she is a woman in
here mid eighties. This is the seventh time we've been here on this thing
since its inception back on September the 5th. I don't mean before your
board, but I mean from the beginning, from the planning, to the Planning and
'
Advisory Board, at cetera, at cetera. Numerous continuances, and I don't ase
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Vice Mayor Plummer: Toth, they have already stated, and will put in the
covenant, that when they draw the building permit to build the new place, they
will only have the one.
Mr. Heidi Ohl OR. .
Vice Mayor Plummer: They will not have two.
Mr. Haid: OR.
Vice Mayor Plummer: That's part of the covenant.
Commissioner Alonso: And they will go west.
Mr. He id: I just wanted to make that clear, because as I say, at the present
time, they now have the two.
Vice Mayor Plummer: But... so you are not misunderstood. That will be...
remain two, until they pull a building permit.
Mr. Heidi Well then, my next question is, when do they anticipate pulling a
building permit?
Vice Mayor Plummer: Damn good question. When do you anticipate?
Mr. Trauriga They really can't give you an answer right now. It depends on a
lot of factors.
Vice Mayor Plummer: Wait a minute, wait a minute. Let's play fair with the
neighbors, OK? You like to pacify neighbors. What is the serious objection
of closing that second exit today? Let's establish the pattern right now.
What's wrong with that?
Mr. Garner: I understand that, but the fact is, the traffic flow with that as
you've just pointed out, those big vehicles, the traffic flow is essential on
that lot, and at the current time, we are just completely unable to do-that.
Vice Mayor Plummer: Well, how about if we give you ninety days to correct the
pattern?
Mr. Garner: I really don't want to make that commitment.
Vice Mayor Plummer: Then you might lose.
4 Mr. Garner: Well, if... I can't make the kind of commitment that we can't
dive with, because I don't want to make a commitment that we can't do.
Vice Mayor Plummer: No, no, no. There is no reason in my mind, because your
building is not over to that side, your building is to the other side.
Mr. Garner: Correct.
Vice Mayor Plummer: There is no reason in my mind :today that you cannot,
adjust :the patternin your yard to close that second opening, and establish
%.' the pattern prior to you pulling out a building code. I don't see any reason.
Do you want to be a: good neighbor?
f Mr. Garner: We are a good neighbor.
Vice Mayor Plummer: Hey, the art of winning at this Commission, is the art of
compromise.
Commissioner Alonso: That's right,
Mayor Suarez: Think about it for a little while, we can table the item if
you'd like, counselor. Maybe, he want to...,
Vice Mayor Plummer: No, no, no, He is not going to... he is going to
volunteer that, Mr, Mayor._ He is going'to learn:Ao love it. _
Mayor, Suarez Well, in Dees he needs tothink about the implications,,,
or the alternatives, we can table it it you want, sir. It net...'
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Vice Mayor Piummert I'll give you ninety days to establish the pattern,
Mr, garners I would rather table it than make a commitment that we can't live
with, because it's not fair to the community,
Mayor Suarez: Weil table it for a few minutes, and think about it and let us
know.
Mr. Gernert Fine.
Commissioner Alonso: OK.
Mayor Suarez: It's the only...
Commissioner Dawkins: If he cent live with it now, he won't live with it
thirty minutes from now.
Mayor Suarez: You won't... you may not...
Vice Mayor Plummer: Bob, do you understand what I am saying?
Mr. Traurig: Yes.
Vice Mayor Plummer: I just don't know why, where it's all surface parking
today, that you can't establish that pattern today.
Mayor Suarez: You may have also a different alternative. Who know, I mean if
this was.created right here, so maybe you could discuss it with the gentleman,
what term...
Vice Mayor Plummer: Remember, you've got to volunteer it
Mayor Suarez: OK. We are on PZ-12. Does your item...?
Mr. Heid: well, may I just make comment, please? It is my understanding
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then, that we are going to just table it for the moment, and...
4
Commissioner Alonso: Few minutes.
Mayor Suarez: Just for the moment, just for a half hour, or twenty minutes,
f,
whatever.
Mr. Heid: OK.
Vice Mayor Plummer: Mr. Mayor, there is a second portion to this. He only
_-
spoke so far and the representative of Randle Eastern. There are two more
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lots involved in this application.
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Commissioner Alonso: That's right.
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Mayor Suarez: I was going to ask .about the other lots and what., the
implications of what we've done so far, and/or the tabling would,have to your
application, ma'am.
Ms. Adelaida Fernandez-Fraga: If I might have the opportunity to permit them
to discuss this and discuss m art of the application in the Y P PP interim..,
Mayor Suarez: Well, we'll table the whole thing. That's what I was hoping
.
you -would say.
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Ms. Fernandez-Fraga: No,
,.
Mayor Suarez: No?
Ms. Fernandez-Fraga: I'd rather hope they can resolve it in the interim. My<
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name is Adelaida Fernandez-Fraga.
Mayor Suarez: Well, unless the solution to that is intricately involved with
yours, inextricably involved with yours. Is it? I don't want to go throU h
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the whole exercise, and find that afterwards, that it all depends on what they
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work out,
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Ms. Fernandez-rraga: I believe that the City has the capacity to separate
them and pass them separately. However, it will probably be most unwilling to
approve my non adjacent lots to 27th Avenue, and not approve the Randle
Eastern parcel. but you have the authority to do so.
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Mayor Suarez: You want to try to work it out with them? - table your item
until they finish that, and we'll take both of them?
Ms. Fernandez-Fraga: Whichever you would prefer. I just don't want to be
forgotten. _- ,r
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Mayor Suarez: It sounds to me like it makes more sense. I just don't `
understand your answer, I'm not sure I understood my question, either. All
right. W
Ms. Fernandez-Fraga: I will follow that when they come back.
Mayor Suarez: Very good.
AT THIS POINT THE ITEM WAS TABLED.
------------------------------------------------------------------------------
27. DISCUSS AND CONTINUE PROPOSED FIRST READING ORDINANCE AMENDING 11000
ATLAS BY CHANGING DESIGNATION OF BLOCK BOUNDED BY N.W. 10 & 11 STREETS
BETWEEN N.W. 4 COURT AND 5 AVENUE (YWCA, CHILD ,CARE & HEALTH CLINIC
SITE) FROM R-3 MEDIUM DENSITY MULTI FAMILY RESIDENTIAL TO G/I GOVERNMENT {
AND INSTITUTIONAL (Applicant: Planning, Building & Zoning Dept.) (See
label 33).
------------------------------------------------------------------------------
[NOTE: INTERSPERSED THROUGHOUT THE HEREIN TRANSCRIPT ARE
STATE220NTS IN SPANISH. FOLLOWING EACH AND EVERY
STATEMENT, PLEASE FIND THE CORRESPONDING TRANSLATION
INTO ENGLISH OR SPANISH, AS THE CASE MAY BE.
SPANISH STATEMENTS WILL BE DENOTED BY CAPITAL
LETTERS. TRANSLATIONS WERE MADE BY GUILLERMO
OLMEDILLO, DEPUTY DIRECTOR, BUILDING, PLANNING AND
ZONING DEPARTMENT.]
Mayor Suarez: PZ-12.
'i
Mr. Olmedillo: PZ-12, Mr. Mayor and Commissioners, is a zoning change, zoning
atlas amendment for property just located at NW loth and llth Street. We are
doing this... this is the appropriate designation, as you know.;_,This. is the
site for,.a clinic for which the State already allocated a million and -a -half
dollars, and this will be the proper designation for the property.
Mayor Suarez: Does anyone wish to be heard against the application of PZ-12?
Let the record reflect no one stepped forward.
Commissioner Alonso: This is the YWCA?
Unidentified Speaker: Yes, Mr. Mayor.
AT THIS POINT THE CITY CLERX ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO,
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mayor Suarez: The record reflected that they all nodded at least, and said,
we do. OK. Do we hear from the... Planning Building and Zoning Department.
We are the applicants?
Mr. Rodriguez: Yes, we are, Guillermo.
Mayor Suarez: OK. We hear from you first?
Mr. Olmedillo: Our recommendation is for approval. This is the appropriate
designation, as I stated on the record. The northern portion is to be
occupied by the YWCA. It's a child care center. It's remodeling the building,
and on the southern portion, the clinic would occupy the space.
Commissioner Dawkins: What kind of clinic?
Mr. Olmedillo: It's a health clinic for which the State already allocated one
point five million dollars. It's a health clinic.
Mayor Suarez: To primary health, what kind of health?
Commissioner Dawkins: What kind of health?
Commissioner Alonso: The.., isn't it?
Mr. Olmedillo: Yes.
Commissioner Alonso: The one that we requested funds from Tallahassee for the
health clinic.
Commissioner Dawkins: Oh, the one Luis Morse got?
Commissioner Alonso: That's right. Yes. And I think it's good for the
community. I don't... that's the location.
Mayor Suarez: And the location now is NW loth.
Mr. Olmedillo: NW loth and llth Street, and between NW 4th Court and 5th
Avenue.
Commissioner Alonso: I don't think they understand that it's a health clinic.
•7:
Mr. Olmedillo: This is a City -owned property and the proper designation for;
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it is GI.
Commissioner Dawkins: Go ahead, sir then, go ahead now with your:
presentation.
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Mr. Olmedillo: That is our presentation, and we of course, recommend approval
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of the change.`
Mr. Rosanna Frett: My name is Rosanna Frett, I live at 508 NW 11th Street. I
would like to ask a question. Why did some of the people living in that
neighborhood got letters, and some did not get any?
Mr. Rodriguez: It depends on where you live. We send letter to anybody which'
is within 375 feet from the property. So if you are outside that radius, you
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would not get a letter.
Commissioner Dawkins: How many letters did we mail out?
."
Ms. Frett:
t;
OK. I did not...
Commissioner Dawkins: Wait one minute. How many letters did we mail out?
'. just a minute please, ma'am.
Mr. Rodriguez: We are checking that - one second. We sent thirty-seven
letter.
Commissioner Dawkins: Beg pardon?
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Mr, Rodriguett Thirty-seven letters.
Mr. Frett t Ott. No,
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Commissioner Dawkinst Wait a minute) hold it. Thirty-seven letters. How
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many residents are within the span of the circle?
5
Mr. Olmedillo: Thirty-seven owners.
Commissioner Dawkins: Thirty-seven owners only?
A
Mr. Olmedillot That is correct. Remember that the mailing goes to the owner
of the.property, because we have to go to the...
Commissioner Dawkinst So, in the circle, it's only thirty-seven owners in
i1
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that whole circle?
Mr. Olmedillo: That is correct, sir.
Commissioner Dawkins.- And out of the thirty-seven letters that we sent, we
u-
got thirty people who did not come back and didn't show up? That's right.
Mr. Rodriguez: pardon? I'm sorry?
Commissioner Dawkins: OK. We sent thirty-seven letters...
Mr. Rodriguez: Right.
Commissioner Dawkins: We got two, four, six, seven people, so that means, you
either got a response from thirty people, or thirty people didn't show up, is
that right?
Ms. Frett: OK. The reason why I am asking that, when I got my letter, I
4
called some of the neighbors, and I went personally. Who lives to the zoning
area, they did not receive a letter. What we did, we made photocopies and we
gave to the people so they could attend the meeting here today.
Mr. :Rodriguez- Are you a neighbor?
Ms. Frett: Yes.
Mr. Rodriguez: Are you.
3
Ms. Frett: As I came here today, I had totake a day off, because when I saw
the letter, I'saw that it was very important. So, I went to the neighbors so
that we will.be able to come here to save...
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Mr. Rodriguez: Are you neighbors within that area that we have in a circle?
Ms. Frett: ,Yes, we have neighbors that did not...
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Mr. Rodriguez: Within the circle that -we have there?
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Ms. Frett. Uh huh.
Mr. Rodriguez: What lots are them? We can look at the lots, and find out.
Commissioner Dawkins: How many of you did not get a letter, and had to take
the copy from her?
the for the
Unidentified Speaker: I took copies all neighbors.
Commissioner Dawkins. All right, and none of you got a letter? OK.
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Mr. Rodriguez: What, is your address, and...
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Commissioner Alonso: None of you got letters?
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T got one. And I kept call,,,
Ms. Lucile Reddick:r
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Commissioner Alonsot
rent?
Commissioner Dawkins:
Commissioner Alonso:
You got.
Are you owners of the property, or
What's your address, sir?
You own the property?
Mr. Louis Pinsont My address?
Commissioner Dawkins: Yes.
Mr. Pinson: Five thirty-six NW 11th Street.
Commissioner Dawkins: Five thirty-six NW 11th Street.
Vice Mayor Plummert Do you own, sir, or do you rent?
Mr. Pinson: I am the owner of the house.
Ms. Frett: _I own.
Vice Mayor Plummer: You are the property of record.
Mr..Pinson. Yes.
Commissioner Alonso:
Commissioner Dawkins:
right?
Unidentified Speaker:
You own too? She is an owner too.
All of them are. Nobody there rents, everybody owns,
F
Yes.
Commissioner Dawkins: Thank you.
Commissioner Alonso: I have a question.
Commissioner Dawkins: Go ahead. I'm sorry.
I
Commissioner Alonso:. No, it's OK. What is your impression of what's going to
be built on the property?
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Ms. Frett: OK. When I got the letter, my impression is that they said that
they are going to take the residential area, which we live in, to a GI
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government and institutional. That is why -I came here today. OK. I am diving
there thirteen years now. We are low income people, very low income people.
Some people live there, minimum wages. We are survivors there, we are. And
we know our mortgage is not high as .other people, we know it's low income when:
we got that home. We are surviving there. The things that we have to do to
In,
save our kids and save our family. If you check some of the houses, we have
double bars, we have burglar alarm connected to the police department. We
cannot afford more than what 'we -have, but if they take away what we own to put
government institutional, it's somewhere else, we will beg you all, if you all
could do it instead of saving our houses.
Commissioner Alonso: Now, because what is proposed for the property, is a day
care intone end of the property, and in the other end, is a health clinic that
is going to provide services to families. Are you opposed to these kind of
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facilities? This is what has been approved by a contract between the City of
Miami, and the State to have a health clinic to provide services to
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families..,
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Ms. Frett: OK.
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Commissioner Alonso; ... to people that are in need of medical services...:"
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Ms. Frett: Yes, I agree.'
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Commissioner Alonsot ..'. and in the other and, is, a day care center. So-
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it's important for us to know if you oppose these type of facilities.
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Ms, Frett: Yes...
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Commissioner Dawkins: I don't think anybody there opposes a facility to
provide services to those who need them. I think, what the objection is, why
in my neighborhood? Now, over there, there is enough land for us to put this
facility on. In fact, one of the places that we might put this facility, is
that shopping center we have on 3rd Avenue. But these neighbors are not, and
I don't want people to get the idea that they do not want a service center.
They are just saying that we have struggled to uplift and upgrade our
community, and we live there, and this is our home. Do not force something on
us that we can't live with. The same as we just got through saying about the
gentleman with the... Randle Eastern. I mean, these people deserve the same
right and consideration as the gentleman who got up here, and said that he
didn't want an ambulance running through his neighborhood. So, that's all.
They are saying, find another spot to put the facility. What Commissioner
Alonso is saying is, that we have gotten the money to build this facility, we
know it's needed, so help us to accept the money and do it. But you are
saying, do it some where else. Is that correct?
Commissioner Alonso: The only problem... let me clarify for the record. That
we might run into problems with Tallahassee, because we have an agreement in
place with HRS (Human Rehabilatation Services) and the City of Miami, and the
County, to donate this piece of land, and we have a contract in place. If
now, we tell them, well, you cannot use the facility because the people in the
neighborhood don't want it, and therefor, we don't want the clinic to be
there, my concern is, with the money tied as it is now, in Tallahassee, and
how they are trying to give it to someone else, maybe, we run the risk of
losing the money for this one clinic. ?
Commissioner Dawkins: If we... I, for one, my vote, I prefer to lose the
money, and keep these residents happy so that they will remain in the City of
Miami, and not move out of the City of Miami, more so, than to take the money
and force something on them that they can't live with. Now, that's just how I
feel about it.
Commissioner Alonso: I do understand your concern, and what... again, I have
the question. Why in the world this was not checked before, and maybe, a
public hearing done prior to our accepting the location and going into a
contract with HRS, and the County, and City of Miami, and now we are faced
with the fact that the neighbors never knew about the location, and therefor,
they are telling us, we don't want that, and we are losing something that we
feel, a health clinic, it's something very important. Because when you don't
have enough funds, you don't pay insurance, therefor, you have to receive
medical services somewhere. And this is very essential service available to
our community. It wasn't easy to obtain the funds. And now we have it, and
if we turn this location down, I don't know, but I fear that we might lose
that. I don't know if it will be...
Vice Mayor Plummer: Can we table this?
Commissioner Alonso; ... even table this...
Vice Mayor Plummer: Why don't we table it to...
Commissioner Alonso: postpone, to check with Tallahassee, and say, can we
move it to another location? - because...
Mr. Rodriguez: I have a question.
Commissioner Alonso: ... whatever we do, it's wrong.
Mayor Suarez: Yes. We wouldn't want to drop the ball at this late stage,
but...
Mr. Rodriguez: I have a question that... maybe, I misunderstood the lady in
the red. I think my impression from what she was saying is, that she thought'
that her own property was the one that was being changed. Am I correct?
Mr. Frett: No. What I came here to say... listen to me. I know you have to
build the medical facility, we need it in Dade County. Everyday, people get k
sick, Where will we go when you take away our houses?
Mr. Rodriguez:
You see, that's what I think, she thinks it's her house.
93
Mayor Suarez: Why do you think we are going to take away your house?
Cdfimissioner Alonsot Do you... your houses will not be affected.
because of the quality of life?
You mean,
Me. Frett: Yes, when you build it, what will happen to us? Would we still
have the place we live in.
Commissioner Alonsot Sure. We are not taking any land from them.
Mr. Rodriguez: You see, that's what I think. There is a misunderstanding
here.
Commissioner Alonsot We are not affecting your property at all. a
Mayor Suarez: What gives you the impression that we are doing anything to
your property?
Commissioner Alonso: We are not taking your house away from you.
Ms. Frett: Well that is what we came for, because we think our property will
be affected.
Mayor Suarez: No, no.
Commissioner Alonso: No no no. You are going to have it in a different �
location.
Mayor Suarez: Did you see the location that we are talking about?
Unidentified Speaker: No.
I
Commissioner Alonso: But it will not be your land, your property. Not at
all.
Mr. Olmedillo: The property, just to clarify the record. It's between loth
and lath Street and between Sth Avenue and 4th Court.
Mayor Suarez: What is there now?
Mr. Olmedillo: Right now, on the northern portion, there is a building which
is being remodeled by the YWCA.
Mayor Suarez: By?
Mr. Olmedillo: By the YWCA. It's going to be a child care center. That is
located there on the site. It's being remodeled right now. Y
Mayor Suarez: OK. You don't live there obviously. What about the other
part?
Commissioner Alonso: And this is... the clinic is going to: be in the vacant
lot, right? - in the open area that we have. It's here. f
Mr. Olmedillo: That is it, one block.
Mayor Suarez: The open area?
94 Yebru4ry 24
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Mayor Suarez: Why don't you grab the mike to you,
address, please ma'am.
Commissioner Alonso: Move the mike so we can..:
Mayor Suarez: The microphone to you.
and give us your name
Ms. Reddick: I recognize what you are saying now. Where you are saying.., we
are on the west of that.
Commissioner Alonaot I see.
Ms.Reddick: Yen, and I understand*..
Mayor Suarez: What is your address and your name?
T
Me. Reddick: Five seventeen NW 10th Street. And you're
talking about 4th Ai
Avenue.
Mayor Suarez: OK. And your name is?
Me. Reddick: Lucila Reddick.
Mayor Suarez: OK, Ms. Reddick.
Ms. Reddick: So... because we live... she lives on... well
she is... Florida
Power and Light Company has a facility right there on 5th Street
between 10th
and 11th Street, right, and this is where she live. And I
live further up on
10th Street between 5th and 7th Avenue... 6th Avenue. I live
directly across
from Reeves Park. You know where Reeves Park is.
Commissioner Alonso: Yes.
Ms. Reddick: Well, I live directly across from Reeves Park. That's where,
and I know where you're talking about.
Commissioner Alonso: I see.
Ms. Reddick: The building that you are talking about is on
the east of us.
U
Vice Mayor Plummer: This will not affect their houses.
Mayor Suarez: Yes, this will not affect your house.
Commissioner Alonso: Do you understand now what we are doing?,
Me. Frett: Yes, I now understand.
Me. Reddick: Yes.
Commissioner Alonso: You don't have objections that the
day care and the
clinic are built...
Me. Frett: No.
Commissioner Alonso: ... in the vacant lot and remodeling
the property, the
M
existing property? You have no objections?
Mr. Frettt No.
Mo. Reddick; None. We really need a day care there.,
Me, Frett: We have no objections. Nobody...
Commissioner Alonso; I though so,
Me. Reddick: Yes, no objection for that.
Commissioner Alonso.- I was very surprised to see people objecting
to a day
cars and a health clinic that is so much needed in thvarea..
95
February 240
r
Ma. Pratt: No. Well, we now understand. Sorry, because we thought it was
something else, when we saw the government and institutional. That is why we
said, we have to come here today.
(6mmissioner Alonso: I sea.
i�
Ms. Frett: OK.
Commissioner Alonso: And we appreciate you taking part and letting us know. st
Mayor Suarez: Make sure that as the project goes on, you give us input on you
know, how it should be built, and that they don't create too much disruption
to your community, and so on. You have a right to do that too, you know, to
give us your input.
Ms . Frett : � Ott.
Commissioner Alonso: So if everyone is happy, I move that we approve.
Vice Mayor Plummer: Second.
Mayor Suarez: Did you want to say something, sir?
Mr. Pinson: OK.
Mayor Suarez: Moved and seconded. Yes, sir.
Mr. Pinson:
Mayor Suarez: Give us name and... Guillermo, could you translate.
Mr. Pinson: Luis Pinson, Y VIVO EN EL 536 N.W. 11 CALLE.
TRANSLATION: Five thirty-six NW 6th Street.
Mayor Suarez: Name? NOMBRE?
Mr. Pinson: Luis Pinson.
TRANSLATION: Name, Louis Pinson.
Mayor Suarez: Go ahead.
Mr. Pinson: YO VIVO EN EL 536 N.W. 11 CALLE.
TRANSLATION: I live in 536 NW 6th Street.
Mr. Pinson: LA RAZON QUE NOS HEMOS REUNIDO AQUI TODOS ES PORQUE ALGUNOS
VECINOS RECIBIERON LA CARTA Y EL RESTO DE LA COMUNIDAD NO RECIBIMOS NADA. SO,
YO PERSONALMENTE SAQUE UNAS FOTOCOPIAS DE LA CARTA QUE ENVIARON A LOS POCOS
NEIGHBORS PARA ENTERARNOS DE LO QUE SE TRATA. NO?
Mr.- Olmedillo: The reason for meeting here today because some of the
neighbors received letters and the rest of the community did not receive
letters. I personally got a photocopy of the letter that was sent to the few
neighbors to learn what was going on.
Commissioner Dawkins• Go ri ht ahead sir
Mr. Pinson: ENTONCES NOSOTROS QUERIAMOS SABER PORQUE HAY MUCHAS QUE ESTAN
TRATANDO DE_CONSTRUIR LA CAMILLUS HOUSE...
TRANSLATION: IAnd then we wanted to know, because there- is, a lot. of
speculation about Camillus House...
Commissioner Alonso: No.
Mr. Pinson: ... INSTITUCIONES DE REHABILITACION PARA DROGADICTOS Y TODO ESO, 1
71
Commiasioner
Dawkins: No, no. May I say something?
Commissioner
Alonso: Yes,
Commissioner
Dawkins: OK? This is a classic
example of the administration
moving ahead without clearly explaining to
citizens what the hell is
r
happening.
■
Commissioner
Alonso: That's right.
Commissioner
Dawkins: Now, I move that this
go back, and come back at the
a
next meeting
and that the staff responsible,
go out and explain to these
f
people exactly what we are trying to do, so that they will understand that
their homes are not in jeopardy, and what have you, and it does not make sense
for us to have staff that we are paying, to come here, and this Commission has
to make issues clear to them. And as this gentleman just said, he thought his
house was going to be taken...
Commissioner Alonso: She did, too. Yes, all of them.
Commissioner Dawkins: And staff should have gone out there and explained
this.
Vice.Mayor Plummer: That's a good amendment to the...
Mr. Rodriguez: Mr. Commissioner.
Commissioner Alonso: That's a good amendment.
Commissioner Dawkins: What? - yes, yes.
Mr. Rodriguez: Let me tell you. This is not the first time that...
Vice Mayor Plummer: I accept that as an amendment to the motion.
Mr. Rodriguez: We have met with them before.
—
Commissioner Dawkins: Say what?
Mr. Rodriguez: We have been meeting with them.
Vice Mayor Plummer: You're going to do it again.
Commissioner Alonso: But they certainly did not understand, until today.
Mr. Rodriguez: I know.
Commissioner Dawkins: All right. When you met with them,,what did you tell
them?
Commissioner Alonso: They certainly didn't.
Mr. Olmedillo: Commission, at the PAB meeting...
v
Commissioner Dawkins: No, no, no. What did you tell them?
z
Vice Mayor Plummer: Wait a minute. Excuse me. The man has made an amendment;
to the motion that you go out there and explain it to the neighbors, and make
them understand it. Period, amen. That's it.
Commissioner Alonso: That's it.
Mayor Suarez: OK.'
�-
Commissioner Dawkins: And then come back, and we vote on it.
F
Vice Mayor Plummer: Go, do it again.
Ms. F'rett: I would like to have some information about this, OK? When we
move in that neighborhood, we had light in front of each department.
Commissioner Dawkins: Explain that to them when they come out there. They're
coming out there to hear all of that.
r
Me. Frett: The streets?
e
Commissioner Dawkins: We pay them to do that.
Ms. Frett: Well, who is it that I have to talk to?
Commissioner Dawkins: Go over there and see him now, and let him tell you who
will be coming.
Mayor Suarez: And one last thing. As you do all of this...
at
Ms. Frett: Which one I have to talk to?
Commissioner Dawkins: Anyone over there.
Mayor Suarez: Right. And as you do all of this. Organize ma'am, organize
into a neighborhood association...
Commissioner Alonso: Yes.
Mayor Suarez: ... that's how you get clout around here. These guys can help
you. They have computers and everything else.
Vice Mayor Plummer: Call the roll.
Mayor Suarez: OK, we have a motion and a second. Are you just going to
basically say.the same thing?
Mr. Pinson: Yes.
Commissioner Alonso: They agreed. Now...
Mayor Suarez: OK. Thank you. Thanks to all of you, and if you give us all
your names, we will put them all into the record.
Commissioner Dawkins: Call the roll.
Mayor Suarez: Call the roll, ma'am.
Vice Mayor Plummer: Read the ordinance. Did you read the ordinance on 12?
Mayor Suarez: Read the ordinance, rather.
Mr. Olmedillo: Are you going to continue?
Vice Mayor Plummer: No.
Commissioner Dawkins: What?
Vice Mayor Plummer: Do we continue it?
Mr. Olmedillo: Continue.
Commissioner
Dawkins:
Yes, continued.
Vice Mayor Plummer:
Oh, OK. Do
we need
a motion to continue? Miller moves,
I second.
Mayor SuareAv
Moved
to continue.
Moved
and second, Any discussion? If not,
please call
the roll. We are
talking
about continuing for the _very Roxt
commission...?
Commissioner
Dawkines
Yea.
February 20.4 1991
7
3�
Mayor Suarez: Right. Thank you.
Mr. Rodriguez: March 28th.
Commissioner Dawkins: We're going to rove it, but they just need a
clarification.
Unidentified Speaker: The next Planning and Zoning agenda.
Vice Mayor Plummer: The 28th.
Mr. Rodriguez: Of March.
Mayor Suarez: All right.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 91-170
A MOTION TO CONTINUE ITEM PZ-12 [PROPOSED FIRST
READING ORDINANCE TO CHANGE THE ZONING ATLAS ON BLOCK
BOUNDED BY N.W. 10 AND 11 STREETS BETWEEN N.W. 4 COURT
AND 5 AVENUE FROM R-3 TO G/I] TO THE MEETING PRESENTLY
SCHEDULED FOR MARCH 28, 1991.
(.'
(Note: This motion was reconsidered by M-91-173 and
ultimately passed on First Reading.)
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
i
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Commissioner Miriam Alonso.
NOTE- AT THIS POINT, THE CITY COMMISSION,.TEMPORARILY
n
DEFERSCONSIDERATION OF PLANNING AND ZONING AGENDA
ITEMS TO CONSIDER A NON -AGENDA ' ITEM.
- - - - - - - ----------------•-- - - - - - - - - -
� ..
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
28. INSTRUCT CITY MANAGER TO ORGANIZE EVENT IN ORANGE BOWL TO VELCOME HOME
:f
TROOPS RETURNING FROM THE PERSIAN GULF (See label 30).
------------ ----------------------------------------------------- --- - - -
Vice Mayor Plummer: Mr. Mayor.-
l'
Mayor Suarez: Yes.
?:
Vice Mayor Plummer: Since we have a short Commission... Commissioner Dawkins,
Miller.
Commissioner Dawkins: Yes, sir.
Vice Mayor Plummer: Mr. Mayor, Bill Bunky just came up with what I think is a,
fantastic idea, and I would like to direct to the administration, that we show
what we have $aid is our patriotism, on either Flag Day, or the 4th of July,
that we hold a celebration in the Orange Bowl to welcome home those of our
people from the City, and the South Dade County, to show them that we d-
appreciate what they did. And that the administration put together. an }
� i f fi4 kNy`
99
`4
appropriate, no more than ninety minute ceremony on either one of those days,
to announce to the public that they go to that Orange Bowl and say, "Welcome
home, we love you, and we appreciate what you did." And I would like to Move r
at this time, that in fact, the administration be charged with that -
responsibility, and this Commission will work with them to do so.
t—
Mayor Suarez: So moved.
Commissioner Dawkins: Before you move any further, I cannot participate on
the 4th of July. This will be my eighth 4th of July Picnic at Hadley Park,
and I will not...
Vice Mayor Plummer: All right, Miller the only...
Commissioner Dawkins: On any other day, I will be willing to go.
Vice Mayor Plummer: All right, the only reason we took 4th of July was, that
they might not be back home by the 14th of June. Now, I think 14th of June
would be better. It's a Friday. I think it would be better that you have it
on that particular day if it is possible, because a lot of people go out of
town on the 4th of July. So, I would say that we strive for Flag Day as the
day of celebration in the City of Miami...
Commissioner Dawkins: I will second that motion.
Vice Mayor Plummer: ... and I will venture to tell you that the Elk's Club of
all of South Florida do have activities on that day, and that you invite them
to be a party to it. And that the City administration be charged to make this
City Commission proud of what they will do in the Orange Bowl on that day, and
let's get working on it. I so move.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll.
The following motion was introduced by Vice Mayor Plummer, who moved its
adoption:
MOTION NO. 91-171
A MOTION INSTRUCTING THE CITY MANAGER TO ORGANIZE A
CELEBRATION EVENT IN THE ORANGE BOWL TO WELCOME HOME
THE U.S. TROOPS PRESENTLY RETURNING FROM THE PERSIAN
GULF; FURTHER REQUESTING THE MANAGER:
(a) TO SCHEDULE SAID EVENT, IF POSSIBLE, ON JUNE }'
14TH - FLAG DAY; [
(b) TO INVITE THE PARTICIPATION OF THE ELK'S CLUB AND
THE ORANGE BOWL COMMITTEE, AS TO PLANNING OF SAID
EVENT; AND
i (c) TO PLAN SAID EVENT FOR A TIME PERIOD NOT TO EXCEED
90 MINUTES.
Upon being seconded by Commissioner Dawkins, the motion was passed and u
adopted by the following vote:
AYES:
NOES:
ABSENTS
---------------- rr--------------------nr-----------r--------------- ------rr--- '.
29. DISCUSS AND CONTINUE CONSIDERATION OF PROPOSED FIRST READING ORDINANCE
AMENDING 11000 ATLAS AT 245-299 N.W. 55 COURT (FLAGLER MEMORIAL.
CEMETERY) FROM R-2 FAMILY RESIDENTIAL TO G/I GOVERNMENT AND .;
INSTITUTIONAL (Applicant: Planning, Building & Zoning Dept.) (Continued
to March 28th). z,
�F
-------------------------------y-----------------------------------------------
[NOTE: INTERSPERSED THROUGHOUT THE HEREIN TRANSCRIPT ARE
STATEMENTS IN SPANISH. SPANISH STATEMENTS WILL DR
DENOTED BY CAPITAL LETTERS]
Mayor Suarez: PZ-13. Planning and Zoning matter.
Mr. Olmedillo: PZ-13, Commissioners, Mr. Mayor, is a change of zoning.
Again, this is a first reading. As you know, State law states that we have to
do whatever...
Mayor Suarez: By any chance, is this the item that most of the folks are here
on?
Mr. Olmedillo: That is correct.
Mayor Suarez: OK. Who is the applicant?
Vice Mayor Plummer: Cemetery.
Mr. Olmedillo: The City is the applicant.
Mayor Suarez: And I guess, there is a property owner that kind of is riding
piggyback on this.
Vice Mayor Plummer: Mr. Mayor, may I try to short circuit this? - because I
think that there has been a compromise to these people.
Mayor Suarez: OK. Do they have a person that speaks on their behalf that we
could confirm?
Vice Mayor Plummer: OK.
Mayor Suarez: All right.
Vice Mayor Plummer: Their concern Mr. Mayor, was that the old plan of a
mausoleum might be resurrected on this property. That, that was one of the
rumors that went around. I think that the applicant is willing to give a
-
covenant - understand what I am saying - that the only use of that property,
as cemetery property, would be for below ground burials. OK? And I think
that, that is a very good compromise. It relieves their fears that it would
be used for anything else. If that is not the case, then let anybody get up
and so state it. If that does relieve their fears, and that was their only
objection, I think we can short circuit this very, very quickly. If they have
other concerns, let them get up and express them, but I am given by the
applicant, that they will proffer in a covenant that, that space will only be
used for below ground burials only. Now, any other objections, then let them
proffer them, if there are other objections. Boy, this is cemetery dayt This
is the second one we have handled. Mr. Mayor, may I ask? Do you folks have
other objections? OK. Then let's go through the normal process.
Mayor Suarez: OK. Let's hear from Planning, and the applicant, and then we
will hear from the neighbors.
Mr. Olmedillo: This is a matter of duty to be brought before you. The
comprehensive plan for the City since 1975 has this particular property
designated the same as the rest of the cemetery. We did it in the 1985 plan,
and what we tried to do, is bring the zoning into compliance with the
comprehensive plan. We had done so, we thought, with all the properties in
the City, but we had missed this particular one. We are bringing this to you
as a separate item, as a matter of duty, to try to make the zoning conform
with the comprehensive plan. What you have today, is that from 7th Street
down to Flagler Street, there are two cemeteries. And this is.,.
101 February 26 # 1991
i
( i�
i 4 �
vy 4i.r�t
Mayor Suarez: Could are just..: excuse me for interrupting you. Could we just
be assured that there is another Commissioner in the Chambers. it doesn't have to be... I think, physically... OK. Very good.
Mr, Olmedillo: Commissioner Alonso is behind us.
Mayor Suarez: Ott. We are OX,
Mr. Olmedillo: We are recommending to you, approval to be consistent with the
comprehensive plan. We realize the concern that the neighbors have about a
mausoleum. A mausoleum to be approved, has to come to this Commission. It's
a special permit that has to be approved by this Commission on a public
hearing.
Mayor Suarez: Beside that, are they in fact, proffering a covenant on that
issue, or not? —
Mr. Olmedillo: We received a copy of a covenant from Lucia Dougherty today,
which states that they will restrict themselves only below the ground burial.
Mayor Suarez: Below the ground?
Mr. Olmedillo: Right.
Mayor Suarez: All right, and that is obviously part of their application in
effect?
Mr. Olmedillo: If they make it so, yes, that will be part of the...
Mayor Suarez: If they make it so. And there is no way, with that covenant in
place, that anyone could come and try to build a mausoleum? Unless we somehow
would unrestrict the covenant, or somehow...
Mr. Olmedillo: Right, unless you amend the covenant.
Mr. Joel Maxwell: They could do so only in contravention of the covenant,
sir.
Mayor Suarez: Right. OK. Counselor, anything else?
Ms. Lucia Dougherty: We also made that covenant applicable and enforceable by
the neighbors themselves, so not only with...
Mayor Suarez: Oh! That's interesting, but I am just wondering, anticipating
what other things the neighbors may have of concern, so, If you have anything
else you want...
Ms. Dougherty: I can make a presentation now, or I can wait until after they
x;
do.
1'
Mayor Suarez: However you want to do it. It's easier for them to go ahead...
a.
Mr. Rodriguez: Mr. Mayor.
Mr. Maxwell: Mr. Mayor.
Mr. Rodriguez: I have question to clarify. The covenant refers only to the
lots in question, or to the whole cemetery?
[ Mayor Suarez: I don't know.
Mr. Maxwell: Mr. Mayor,
Mayor Suarez: Who can answer that particular question? The covenants apply'
only to the lots in question, or to the whole parcel?
Ms. Dougherty: To the lots in question.
Mr. Maxwell: Mr. Mayor, we have heard from staff...
i }
402 4
ON
_
Ma. Dougherty: I have already submitted the covenant to the City Attorney's
office as well as to Gloria Pox.
Mrs Maxweli: And the covenant does contain the provisions that have been
placed in the record so far. The covenant does contain the provisions
voluntarily...
Ms. Dougherty: Yes.
3
Mr. Maxwellt ... that have been indicated on the record, so far?
Me. Dougherty: Yes,
Mrs Maxwells Thank you.
Mayor Suarez-. OK. And it is being proffered, so it's officially on the
record. All right sir let's hear from you first, and it will make it easier,
probably.
Mr. Jose Guanaga: OK. My name is Jose Guanaga, I live on 5550 NW 5th Street.
Mayor Suarez: Jose, if you want to, you can move the mike up a little bit,
that way you don't have to lean down.
Mr. Guanaga: OK. I get confusing report. I came here because...
r;
Mayor Suarez: Don't feel bad, we get confused all the time up here.
Mr. Guanaga-. OK. Here said that they have R-2 family residential to G/I
Government and Institutional. That's what they say over here. OK? On the
other hand they have told me that this is already approved, and they can build
a cemetery, they can bury people over there already.
Mayor Suarez: That's a good question. Let's clarify that.
Mr. Guanagat I mean, what happened?
Mayor Suarez: If we did not grant this application, would they still be able
to quote, unquote, bury people there?
Mr. Olmedillot At this point, we have the comprehensive plan is reading,
s
major public facilities. The corresponding zoning designation should be GI,
and this is what we are bring up to you.
Mayor Suarez: Should be.
s;
Mr. Olmedillo: Should be.
Mayor Suarez: But if we didn't do that, could they bury people there?
Mr. Olmedillo: No.
i
Mayor Suarez: Ita pretty simple question.
Mr'. Olmedillo: I would defer to the law department, because that's a legal
question.
Mayor Suarez: All right. Thank you. That's the way to do it. And then he
smiles, you see, touche, all right.
Mr. Maxwell: I believe what the planning staff is saying is that the
comprehensive plan mandates that the underlying zoning comply with the
comprehensive plan, and if the comprehensive plan designation..'.
Mayor Suarez; Technically, our zoning classification would preclude it, but
'r
really we are expected to make that align with the comprehensive plan?
Mr. Maxwell: That's right. And if governmental institution is the only_
zoning classification that would comport with the comp plan designation, and
if that designation allows for cemeteries, then the gentleman is correct,
4-
k
e
AS
Mayor Suarez: And you don't answer either one of those two ifs? You just
give me a conditional answer?
MY. Maxwells That, I would defer back to planning department.
Mayor Suarez: Ha, he, you will defer back to him. That's real cute. All
right.
Mr. Guanaga: I still don't understand it yet.
Mayor Suarez: I think what they are saying is basically, the answer is yes,
but they are deferring to each other's ,judgements on the very narrow technical
issues that each one is in charge of. Because they don't want to give an
opinion here, and have somebody throw something at them later, if it turns out
not to be the case. Basically, yes. The comprehensive plan which covers that
entire area, which has been approved, which is actually sanctioned by
Tallahassee would permit if we make this adjustment which we are su -d
I , ppose
to, for people to be buried there, in a cemetery.
r-
Mr. Guanaga: OK. But you have to approve it, or this is already approved? I
mean, that's what I don't understand.
Mayor Suarez: I was afraid you were going to ask that. We have to approve
it.
Mr. Guanaga: You have to approve it? - and we...
Mayor Suarez: But if we don't approve it, we ourselves are in violation of
our own comprehensive master plan. That's the problem.
Commissioner Dawkins: But I think that I am confused like him. If we are
already burying people there...
Mr. Guanaga: No, no, no.
Mayor Suarez: Not in these lots, no.
!
Commissioner Dawkins: No?
Mr. Guanaga: It's is a residential out there now, R-2.
Vice Mayor Plummer: Yes, but let me ask because you know...
Mr. Olmedillo: There is a house there.
Mr. Guanaga: It's a house.
Vice Mayor Plummer: ... I am somewhat related to what you are speaking about.
There are what? - four lots there?
Mr. Guanaga: Four lots.
Mr. Olmedillo: Three.
Vice Mayor Plummer: OK. Presently, the only thing there is the caretaker.
t
Mr. Guanaga: No, it's a house, a big house.
Vice Mayor Plummer: OK, but that's basically the caretaker.
Mr. Guanagas Ah ah. But it's not a cemetery.
Vice Mayor Plummer: OK, but, you know, if I lived across the street like you.
—
Mr. Guanagas Ah hah.
Vice Mayor Plummer: OK? Dead people don't make noise...
Mr, Guanaga; Yes, but it's... I mean...
Vice Mayor Plu=er; .,. they don't have cars parked in frout of their house;
i
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Ir
Yy;.
VeF y�
Yeb r 4ry
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AL-S
Ai
Mr, Guanaga: Beautiful. it's OK.
.Vice Mayor Plummert. They don't repair cars. I don't understand what you
are... I would much prefer...
Mr. Guanaga: No, The people... I mean] their houses depreciate.
Mayor Suarez: You have a certain preference for this whole business, don't
'you?
Mr. Guanaga: The people go to my house and say, how can you live beside near
a cemetery? A lot of people may that. Many of my friends. I mean, it's out
of the question.
Vice Mayor Plummer: I am not... excuse me, sir. You are either going to have
to talk slower, or I am going to have to...
Mr. Guanaga: Jose, Jose.
Mayor Suarez: OK, I'm sorry.
Mr. Guanaga: You see, a lot of people go to my house...
Vice Mayor Plummer: Right.
Mr. Guanaga-. I've got a nice house, or whatever, and the people say, how,
come you live near a cemetery? - near a cemetery. They don't like the
cemetery, a lot of people don't like the cemetery.
Vice Mayor Plummer: But sir, you live across this street, now?
Mr. Guanaga: Yes, I live... no. My fence is next to the fence of the
cemetery.
Vice Mayor Plummer: But they still ... two houses down, still live next to the
cemetery now.
Mr.. Guanaga: Yes, but a cemetery is a depressing view. And we don't need no
more depressing view. We've got too many already.
Mayor Suarez: OK.
Mr. Guanaga: That's why we need.
Mayor Suarez: Would you... Madam City Clerk, these people been sworn in?
Ms. Hirai: Yes.
Mayor Suarez: Jose, could you retroactively be sworn in as to all your
testimony. Lucia, have you been sworn in? - hopefully.
Ms. Dougherty: No, I haven't been sworn in.
Commissioner.Alonso: Have they asked concern about the cemetery, or about the
structure that they think might come later on.
Mayor. Suarez: I guess both, now.
Vice Mayor Plummer: No, no, no. The covenant already will be containing the
issue that nothing but below ground.
Mayor Suarez: That's what we are going to have to explain, and possibly, in
Spanish.
Commissioner Alonsot That's right. But even though that is the case, and it
has been for some time, 1 don't think they understood. I had the opportunity
to talk to some of them, prior to the meeting, and it seems to me thatthiwts
not, clear enough, and it a important that they understand that. it 'Cannot!,I)OI
4040 just by the actions that we might take here today, but they will have to
come and request* and hopefully, denied. I don't know it they understand that
its well, and maybe, it they do, it will satisfy at least, **me of
thstrconcerns,
105 rebruary 44,
-A
R
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Mayor Suarez: OK. Let's get everybody sworn in, ,just so we meet the
procedure. And I think maybe we ought to say that in Spanish, Commissioner.
Go ahead.
AT THIS POINT THE CITY CLERIC ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Vice Mayor Plummer: Wait a minute, let me ask a question after reading Jose's
letter here. Jose, you make a very good point. That in fact this, if
approved, would only be for the profit of the cemetery. There is no question
about that. That's why they are doing it, OK? Now, if from that profit, they
had to take some of that money and completely landscape that side, so where
all you would be looking at, was beautiful landscaping, and shrubbery, and
trees, and in effect, you couldn't see the cemetery, would that help you?
Mr. Guanaga: No. Because you know what happened? - they have a cemetery over
there for twenty year, and they keep it very dirty. For every time you go
over there, it's dirty, it's stink, without paint, with dirty garb... I've got
pictures to prove it.
Vice Mayor Plummer: I tried.
Mr. Guanaga: It's not my word, I've got this, I've got proof.
Mayor Suarez: And let me go back for a second and translate what Commissioner
Alonso said, and we have that on the record, Madam City Clerk...? - I just
intend to tell them basically.
Commissioner Alonso: Yes. Should I... OK.
Mayor Suarez: If you want to try it Commissioner.
Commissioner Alonso: DEJENME DECIRLES EN ESPANOL. YO NO SE, PERO YO HE
TENIDO LA OPORTUNIDAD DE HABLAR CON ALGUNOS DE USTEDES ANTERIORMENTE Y A MI ME
PARECE QUE LA PREOCUPACION FUNDAMENTAL ES, PORQUE USTEDES SABEN QUE ALLI HAY
3
4
UN CEMENTERIO. TODOS LO SABEMOS. LA GRAN PREOCUPACION DE USTEDES ES LA
ESTRUCTURA DE UN MAUSOLEO, ES UNA DE LAS PREOCUPACIONES QUE YO HE ESCUCHADO DE
USTEDES. ES IMPORTANTE QUE ENTIENDAN QUE EL MAUSOLEO SE PUEDE CONSTRUIR
UNICAMENTE SI ELLOS REGRESAN AQUI, PIDEN UN PERMISO, USTEDES TIENEN QUE VENIR
Y NOSOTROS LES DIREMOS QUE SI O QUE NO, PERO HAY QUE VENIR CON UN PERMISO
i
ESPECIAL. ESTO NO LES DA AUTORIZACION A RACER UN MAUSOLEO. USTEDES ENTIENDEN
ESO.
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-Mr. Guanaga: I know. I understand that.
Mayor Suarez: NADA MAS QUE SOBRE ESE PUNTO. Just on that .point, is the
i
clarification. We want to make sure we get that. Now...
Commissioner Alonso: ES IMPORTANTE PARA QUE USTEDES SEPAN ESE PUNTO Y DESPUES
LOS OTROS PUNTOS QUE PUEDAN DIRIGIRSE. EN ESE PUNTO ES IMPORTANTE.
Mayor Suarez: All right, now on the other points... and Commissioner De Yurre
wanted to say something. Wait a minute, Jose. -
Commissioner De Yurre: Before we get away from that point... I'll keep
talking Spanish, YA QUE TODO EL MUNDO ENTRO EN ESTO. LA MANERA QUE PODEMOS
APROBAR ESTO HOY Y ASEGURAR QUE NO HAY NINGUN MAUSOLEO ES QUE ELLOS SE
COMPROMENTAN LEGALMENTE A DECIR QUE AHI NUNCA SE VA A CONSTRUIR UNO, HOY
MISMO, AQUI.
s
Mr. Guanaga: No.
Commissioner De Yurre: SI.
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Mr. Guanaga: Excuse me. I want to... it's already done. I got a paper
writing from the cemetery that in 1984, they told us... it's a comp.., the
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people who sold the land to the cemetery compromise.., it's a compromise, the
cemetery, that there never is going to build a mausoleum on that place.
Mayor Suarez: That may have been a contract between them, but we have glzeady
stopped it once, and we would now get a covenant that would be recorded in the
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deeds, in the public deeds of the County, that would make sure they could, and
that's what Commissioner was saying.
Mr. Guanagas That is already done.
Commissioner Alonsos No, no, no. If we do it now to go with the land... they
cannot do it.
Mayor Suarez: And a new buyer who bought would get automatic proof of that
when he looked in the...
Commissioner Alonso: Voluntarily.
Mayor Suarez: What's called notice, I guess.
Mr. Guanaga: OK.
Mayor Suarez: But there are other issues here, and you asked about one, and
_
let me go back for a second. He said, must you do this, and must you align
your zoning to your comprehensive master plan? And we said, yes. In response
to Commissioner Dawkins' questioning, and others. The fact of the matter is,
we could go back and change our comprehensive master plan to eliminate these
lots from that comprehensive master plan, description of a use, whatever you
guys call that classification...
Mr. Rodriguez: Yes.
Mayor Suarez: ... and adjust back. We could do that.
Mr. Rodriguez: For sure.
Mayor Suarez: Yes. LA RESPUESTA QUE LE HABIAMOS DADO EN ESE SENTIDO ERA MAS
BIEN EQUIVOCADA.
—
Commissioner Alonso: EN RELACION CON LAS...
Mayor Suarez: ... PORQUE ASUMIA EL COMPREHENSIVE MASTER PLAN, LA DESIGNACION QUE
TIENE EN ESTE MOMENTO. So we could do, just about anything, and that's the
real answer. It might take a little longer, but.
Commissioner Alonso: We can change the...
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Mr. Guanaga: OK.
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Commissioner Alonso: ... we can keep it as is, or we can grant the change.
Mr. Guanaga: OK, because I went all around. I got the signatures of almost
every neighbor, I mean, every neighbor. Every neighbor signed the petition,
not to approve for a cemetery. I mean, every neighbor.
Mayor Suarez: And they understood that they would not be doing a mausoleum,
but just not to extend the cemetery at all.
Mr. Guanaga: Nothing. We don't want even a cemetery.
Commissioner Alonso: They have said that before.
Mr. Guanagas Yes.
Mayor Suarez: And the basic reason you stated is, estethic people have a
right to not live next to a larger cemetery...
Mr. Guanaga: To a cemetery.
Mayor Suarez: ... and then you also added a reason that I thought was
important. Which is, that they are not taking particularly good care of the
cemetery as it is.
Mr. Guanaga: Yea.
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Mayor Suarez; So why would you want it to be bigger.
107 24, 4994
J
F,%
Mr. Guanaga: Yes) why bigger. Why they want a bigger cemetery? Why?
Mayor Suarez: All right, OK.
Commissioner Alonsot May I just comment? In reference to taking care of the
corifietery, we can force certain rules and regulations.
Vice Mayor Plummer: Not on a change of zoning. It has got to be voluntarily
covenant.
Mr. Guanaga: No, no.
Commissioner Alonso: No, no, no. I am talking about maintenance of the
property. Because they say some of the things that are happening in there...
Mr. Guanaga: The outside. In the outside.
Commissioner Alonso: ... we can enforce the law, and'they should take care of
the property, and not affect the rest of the people. The fact that they have
a cemetery doesn't mean that, they do as they please.
Mr. Guanagat They do not cut the grass between the side... some places, they
don't sidewalk. OK? And I was here two years ago, and said the same thing.
They don't have sidewalk.
Commissioner Alonso: Well, sidewalk, it's a different story.
Mr. Guanaga: I told you that, two years ago. And another place, is between
the sidewalk and the street, it's dirty, the grass is two feet high.
Vice Mayor Plummer: Wait, wait, wait. Please, please.
Mr. Guanaga: OK.
Vice Mayor Plummer: That is not their property. Between the sidewalk andthe
street is the swale area, and that is City property. Now, most people, like
you and I, we have our gardeners cut that property, but it is not our
property. OK? Now...
Commissioner Alonso: That's right, but when I arrived to the United States, I _
was told, you are supposed to take care of that area.
Vice Mayor Plummer: You can't enforce it, my dear. —
Commissioner Alonso: Well. —
Commissioner Alonso: Just like you can't enforce your neighbors who want to
park in front of your house on that area, and you can't move them.
Commissioner Alonso: Well, maybe, we can be very strict in the rest of the
things that we can apply, like voting here no today, and forcing other things
as well. For my vote, if that's what the position they are going to take, I
am against them.
Vice Mayor Plummer: I don't have any disagreement with that, I'm just saying,
that's what it is legally.
art4
Mayor Suarez: I've heard enough also. I mean, there are three darn good`
reasons not to extend this cemetery, counselor, so maybe, you ought to go
back. You're doing pretty well, so far, so maybe, we will let them try to
explain to us why we should change this zoning. I'd much rather go back and
change the comprehensive master plan, and exclude these lots, to tell you the Y
truth, so.
Mr. Rodriguez: Well, Mr. mayor.
Mayor Suarez: Possibly, we don't need your testimony, but go ahead, if, you
want to say something.
Mr. Maria Leon: OK. My name is Maria Leon, and I live in 302 NW 55 Court. I
just want to may something. The reason why we are here is, right now, it's R--
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2 and since you can change that to GI...
Q February 20, 1994 '
7 _
Mayor Suarez: We got those.
Ms, Leon:... we got a hundred and sixty-one signatures from all the neighbors
around, and the reason why we are here, is to enforce our right to ask you
please, to keep the property like they are right now. We don't want any more
cemetery around, and we have enough.
Mayor Suarez: I got you. In a sense, from my perspective, they haven't done
a particularly good job of taking care of a cemetery for a long time, so they
don't come here with any great equities.
a
Ms. Nuka Dominguez: None, whatsoever.
Mayor Suarez: Last comment.
Ms. Dominguez: My name Nuka Dominguez, I live in 212 NW 55 Court. I
understand the point of view of the board, but what about if they buy another
plot to the east? - would they change it too? I mean, if it's supposed to
comply...
Mayor Suarez: Well, that's a different new argument, that's been the argument
of the old domino theory, and I guess, we have a street there now, right? so
that would presumably be a buffer.
Ms. Dominguez: OK. So, what my...
Mayor Suarez: Wait, wait.
Mr. Olmedillo: You have... remember, what is in brown, outlined in brown
today, is cemetery.
Mayor Suarez: Right.
Mr. Olmedillo: So if you are abutting that piece of property, you may apply
for a change.
Mayor Suarez: Right.
Mr. Olmedillo: So, there is no control over that as to the application.
There is control as to approving it.
Mayor Suarez: Well, by allowing what they are asking though, you're adding
more boundaries of adjacent properties that could then, make the same claim,
that they are abutting. Right, exactly. Except that there is a... there is
no street there at all?
Vice Mayor Plummer: Yes, there is a street in between the two cemeteries,
yeah, third street.
Mr. Olmedillo: There is a street. But the zoning goes to the center line of
the street so if you are across the street, you could also apply.
Mayor Suarez: You could also apply. But at least...
Mr. Olmedillo So what I am saying is that...
IMP�
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Vice Mayor Plummert ... what it's not. Institution is never... institution
is where you house people, not dead people) but live people.
Mayor Suarazs It's not a very good description - institutional.
_
Vine Mayor Piummert Why would you have institution zoning...? To me an
institution is where you... what?
Mr. Rodriguezt It's institutional, and it's defined specifically.
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Vice Mayor Plummer: It didn't make any sense to me, but...
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Mr. MaxwelIt That's purely discretion on the City's part, sir. A matter of
what intended, listed.
Commissioner De Yurre: Can we wrap this up? Mr. Mayor, I think we are about
ready to go.
Vice Mayor Plummer: I guess you could...
Ms. Dominguez: OK.
Mayor Suarez: Wait, wait, Miss.
Commissioner De Yurre: Let's hear...
—
Mayor Suarez: Yes.
Commissioner De Yurre: I'm ready to make a motion, so... you want. to say
something else?
Mayor Suarez: We are ready to make a motion. I have a feeling the motion
will be favorable to you.
Ms. Dominguez:_ OK.
Mayor Suarez: So why don't we let the other side go, so that they later have
their rights preserved.
Ms. Dougherty: Mr. Mayor, members of the Commission, my name is Lucia
Dougherty. I am attorney with law office at 1221 Brickell Avenue. I am here
today representing Memorial Sales Inc., the owner of the subject property.
By way of history, we purchased this property in 1983. In 1983, in December
of that year, we received a conditional use for a cemetery. One of the
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conditions was, that we have only below ground burials within the cemetery.
You again, or the Commission at that time, granted a continuance, or.an
extension of that conditional use, in January of-184 for another year, which.
permitted below ground burials in the cemetery until 1985. I have with me a
copy of a letter from Aurelio Perez-Lugones who tells us that we have an
extension, and we can have a cemetery until 1985, and the resolution of the
City Commissiongranting that extension. We also have a copy of a Miami
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Herald Neighbors story, which says, Flagler neighbors happy with cemetery
change in plans.- Despite initial opposition from the cemetery's. neighbors
Monday, the zoning board approved an extension of Flagler. Memorial Park,"
which is precisely on these five blocks, and at that time, they. were happy
with the compromise that they have below ground burials.
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Mayor Suarez: That Commission at the time, withtheexclusion of;,the,two,who
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are with us today, .may be what you will call, trigger happy, you know, .:fin
relation to. rezonings. So, the fact that at the time the neighbors were
satisfied, does not mean necessarily that if they knew they could do better,
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they would have been satisfied.
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Commissioner Alonso: Who knows, the Herald Publications, I don't trust.,
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Ms. Dougherty: No, we do have one Commissioner who was on the zoning board,
however, at the time.
Mayor Suarazs Not to mention the fact that, as the Commissioner. point* 04
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we don't trust anything that was written in the Hersld.today, 1st aJpne,
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Vice Mayor Plummer: Xavier, we are going to miss you,
Ma Dougherty: The property is now, and since 1985, has had a comprehensive
plan designation of government institution. The comprehensive plan, in
pursuant to State law, "all land development regulations - which is this
ordinance - enacted or amended, shall be consistent with the adopted
comprehensive plan, or element thereof, and any land development regulation
existing at the time of the adoption, which are not consistent with the
adopted comprehensive plan, or element, shall be amended to be consistent with
it." This is your State law.
Mayor Suarez: Is the basic reason why it was included in the master plan,
that somebody just didn't want to draw a squiggly line, or didn't want to draw
,. . . - • -- I -i-
first step towards a mausoleum, we have proffered a covenant that says, we
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will not build a mausoleum. We will build only below ground burials. A
comment has made that, well, will we make that for ninety-nine years? Yes, we
will make that for ninety-nine years. In addition to that, we will covenant
to landscape it, so you won't even know that there are below ground burials.
We will do whatever is necessary to make these neighbors happy in that
respect. And in addition to that, if it is your desire for us to meet with
the neighbors before you ultimately consider this amendment, we will do that
as well. The State law requirement requires that this land be consistent with
the comprehensive plan, which permits this cemetery use. The zoning line has
been established, as you can see from the Mt. Nebo Cemetery, all the way down
to the Flagler Memorial Cemetery. The only lots which are not zoned are these
five lots in that entire zoning district boundary. We have proffered a
covenant, we will amend that covenant to include ninety --nine years, or,
landscaping as desired, to make it more palavable to our neighbors, and we
_
urge your consideration of this zoning approval. Thank you.
Ms. Leon: I have something to say.
Mayor Suarez: It may, or may not help your cause. We are at a sort of
technical juncture here. I am guessing which way the Commission wants to go,
and I want to make sure we have something that if we go that way, we can stand
up in court. But...
Commissioner Alonso: That's... you'd better give hard thought to that.
Mayor Suarez: ... that's the concern here. Why don't you say whatever you
want to say, keeping in mind that I think we went to do what you want us to
do, but we are looking for a way to do it validly, technically, OK?
Ms. Leon: I have a question to ask you right now. I think that the only
reason that they say they can do that... G/I is because they rest of the
cemetery classified that way.
Mayor Suarez: Well, the comprehensive lines, :raster plan lines, indicating
that, go all the way through. You see, it was drawn wrong there, really, in a a
sense.
Ms. Leon: Yes, but I believe across the you know, the cemetery If they buy
my house, that's going to give them the right to change it to GI, just because
they already own a cemetery across the street? You know, that's really bad.
'Mayor Suarez: That's not enough reason. You're right. We established that,
that's not enough reason.
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Ms. Leon: OK. And I have a question that I have to as on the records.
Do a
Flagler Memorial Park already have request for mausoleums in any part of
the
cemetery, at this time?
Vice Mayor Plummer: No. They better not.
".
Ms. Leon: I think they are, because they fie already selling. They
are
already selling mausoleums that they don't have. and I found out.
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Mayor Suarez: Not a good idea. That's not a good idea.
Commissioner Alonso: That's a mistake.
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Ms. -Leon: And I found out that there has already has been a request,
Vice Mayor Plummer: OK. Just so you know, OK? It is my understanding
that
they have the right today, under the present zoning, without coming to
this
Commission, that, they can build, what they call, corner cribs up to twenty-
five feet. They can do that today without our permission.
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Commissioner Alonso: That, they can.
Mr, Leon: Not on those properties.
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►Sce Mayor l�uz uor; ` Not on those properties, no.
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Mr. Loons Well, that's the property that we are here for: We are not talking
about the rest of the cemetery,
Vice mayor Plummets Excuse me. They have restricted themselves by covenants
that they cannot. OKI That was part of the covenant,
Mayor Suarez: On these.
Ms. Leon: But you haven't answered my question. I am asking this on the
record, if they have request for mausoleum built in any part of the cemetery
at this point?
Mayor Suarez: No. We don't have any indication of that in the City at this
point.
Commissioner Dawkins: No. But I think... let me say something.
Mr. Olmedillot We have somebody checking.
Mayor Suarez: We are checking it out.
Commissioner Dawkins: Let me say something
Mayor Suarez: OK. Commissioner Dawkins.
Commissioner Dawkins: I think what I heard is, that J.L. said, that they can
presently now, build cribs up to twenty-five feet.
Vice Mayor Plummer: Correct.
Commissioner Dawkins: So what I heard her say, I hope, is, that they probably
do not have the space for the cribs. But therefor, if you give us these lots,
then we will have underground burial on these lots, and we will go to other
spots in the cemetery for the cribs.
Mayor Suarez: That's very possible, they can substitute one for the other.
Commissioner Dawkins: I think that's what... isn't that what you are saying?
You know the case is, Ms. Leon: that they don't have the space in the
cemetery to do that.
Mayor Suarez: That's what he is saying.
Ms. Leon: Unless...
Mayor Suarez: So if they got this, they could then use that space and then
build the mausoleums in other part, or the cribs. Cribs? whatever.
Ms. 'Loons they put columns in between burials and burials, and they can
do.a-second, other floor there.
Vice Mayor Plummer: That's not their problem. Their problem is..:. people are
already buried there.
Mayor Suarez: 0K. 'Mr. City Attorney, and assistant City Manager..,
Mr. Loons You know, I would like before the meeting is over to answer my
question please, about the request.
Vice'Mayor Plummer; People are already buried right up to the fence.
T",27.
Mayor Suarez: Yes. We are checking.
Leon;
gr. 01me'd-i I Io: We are researching that,
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Suarez: Ws not a hupOrod percent relevant to this case, but wo ire
-or At a !-- -,will trY,::V9 Answer for you. It we were Inc 1 J404 Wo U.'
4wcopt this change of ZOA148# $Ad then instruct you to begin a 'study , toAr4
&US AS r.tho comprehensive maotor plan to exclude those Iota* what
would we
We to do today to be able to Wend that in court?
6'.
rebm4ey 20 4994
Mr. Maxwell: Well, the decision that will go to the court will be based on
fairly debatable tests. As you know, fairly debatable tests, is based on
whether or not competence and substantial evidence supports your decision: I
haven't heard frankly, anything from the other side in the form of technical
expertise that would support a decision that you can use to deny the
application at this time.
Mayor Suarez: Well, we really haven't heard any technical support for or
against. What are the criteria that we are applying?
_ Mr. Maxwells The test... the fairly debatable tests, is competence and
substantial evidence...
Mayor Suarez: No, but the zoning criteria?
Mr. Maxwell... and comments from the audience alone, opponents alone, is not
sufficient in... to ask the court to support your decision.
Mayor Suarez: On compatibility on the possible ruination of the residential
neighborhood, on the failure of this particular property be maintained
properly over the years, and the consequent loss in property values to the
residents, those are not the kinds of things that we can take notice of? I've
heard that testimony.
Mr. Maxwell: Yes, sir, if you have technical testimony... expert testimony on
the record to support those conclusions, and I have heard nothing, sir.
Commissioner Dawkins: We can't make these people go and hire a technical
Commissioner Alonso: We shouldn't, of course.
Mayor Suarez: I agree with Commissioner Dawkins that it sounds to me like
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there is enough real testimony, whether you call it technical, or not, for my
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determination.
Mr. Maxwell: There has been testimony from the residents of the area, but
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there are several court decisions that say, that that's not sufficient.
Mayor Suarez: OK. Mr. Olmedillo.
Mr. Olmedillo: Yes, sir.
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Commissioner Alonso: Well, maybe we should postpone this decision, so they.
can get advice.
Mayor Suarez: If in fact, we were to agree to this zoning change, conform to.-^
our master plan, is there not a substantial chance, as I think you've put in
the record that, adjoining lots, a total of another six I think, maybe, more
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than that, could then themselves have a greater argument that they also are
entitled to this new zoning classification by being adjacent to the new...
Mr. Olmedillo: They could file an application because of adjacency.'
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Mayor Suarez: Right.
Mr.=Olmedillo:However, as you have on page...
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Mayor Suarez: Do we not have a residential community, a stable residential
community around this cemetery as its contours are now defined?
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Mr: Olmedillo; West of 55th Court, yes, sir. And east of 52nd Avenue, yes,
air, that is a stable neighborhood.
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Mayor Suarez: And is there not a chance that if a cemetery line is expanded
and in fact, the use be changed to what you are calling institutional, and
Vine, Mayor Mummer is calling - and I would call cemetery, I don't know how
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that's` institutional, that that would decrease the.., increase the chances Of
dosta'bllizing a reaaidontiaal community?
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114 f'+sbraary 2. 191
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Mr. Olmedillo: Por the lots which face directly on the five lots which are
subject of this application, yes, sir.
Mayor Suarez: Counselor.
Mr. Maxwell: Mr. Mayor.
Mayor Suarers Yes.
Mr. Maxwell: I must advise you as wail, that if the comp plan does in fact
mandate or allow the use here, any decision to the contrary, would place you
in a tenuous situation.
Mayor Suarez: I know. That's why...
Commissioner Alonso: That's all we need.
Mayor Suarez: ... that's why I said, if we did this, and if we then
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instructed you to adjust the comprehensive plan by whatever the proper
processes are...
Mr. Maxwell: That would be after the fact.
Mayor Suarez: I know.
Mr. Maxwell: I think... that would not be supportable.
Vice Mayor Plummer: Mr. Mayor, instead of going on hypothetical as to what
our position might be, would we not be better off to defer this matter, let
the City Attorney come back with... I think everybody knows how they are going
to vote...
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Commissioner Alonso: Yes.
Vice Mayor Plummer: ... and come back in the next meeting and tell us, after
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he has had the time to research it, where this Commission stands. Because
what I >am hearing now, if the Commission would be deposed :to -deny this
application, and taken into court the Commission is pp , , going to lose.
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Commissioner Alonso: It is going to lose.
Vice Mayor Plummer: OK? Now, I would say the best part of valor, is to go
and to research it properly and to come back to this Commission, at the next
Commission meeting, and tell us exactly where we stand. If his:legal opinion
`.
is, in'�two weeks that this Commission has no.other choice.,..
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Mayor.Suarez: The problem is that, you're not going to get any more research
g.
in two more weeks I don't think you are going to be backat the same'
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juncture, but it's up to you, and it's up to the Commission. I would...
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Vice Mayor Plummer: Well no, no, no. He is saying, at this particular point,
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that`he is second guessing.
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Mr. -Maxwells :No.` My opinion... we are clear on what the law is on this Mr.
Plummer. It's a technical question.
i
Vice Mayor Plummer: Well, let me ask this question. Let me simplify it. If
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this Commission votes today to deny this application, and somebody ,takes it to
court-, is it your opinion that the Commission will be -reversed?
Mr. Maxwell: I think there will be a very good _chance that would occur, ,'
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Vice Mayor Plummers You saa`wh at I.am saying?
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Commissioner Alonso: Then we have very little choice.
_
yar;Suarez; Yea,. -but two weeks doesn't change that, Two ,wseke doesn't
chance that,
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My =That s the, point l wasi max n$ uat 11ATA,
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4144rozs The problem ia, we have to We the either stay,
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or not, and
mandates that.
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That legal position is the same, the only question is, whether
that's a technical one, of whether the comp plan definitely
Vice Mayor Plummer: I don't want these people here leaving today, if this
Commission takes the action to deny, and in six months from today, when this
thing goes to court, and it's overturned, to say, "Hey, the Commission didn't
do what we said they were going to do" I want these people to understand the
legalities that whatever this Commission does, will ultimately be decided in
court. And what you are telling us...
Commissioner Dawkins: Mr. Mayor, I icm going along with J.L's request.
Commissioner Alonso: Yes.
Commissioner Dawkins: The only thing I am going to add, an amendment. The
citizens out there are not financially able to hire that technical assistance
that I heard the attorney say. So therefor, my amendment is, that this be
deferred for the next meeting, and that the City Attorney provide me with the
technical, whatever you need...
Commissioner Alonso: Yes.
Commissioner Dawkins: ... that I can provide to these citizens.
Mr. Maxwell: That's not possible, Mr. Dawkins.
Commissioner Dawkins: Why, why isn't it?
Mr. Maxwell: Because the type of assistance that they need, is of an expert
quality, dealing with real estate values, dealing with traffic, things of this
type.
t Commissioner Dawkins: Right.
Fl: Mr. Maxwell: The City Attorney's office couldn't provide that information.
ti Commissioner Dawkins: Why not?
Mr. Maxwell: The only staff that we have that does that, is your technical
staff.
Commissioner Dawkins: All right. Every time you need some expertise, the
CityAttorney comes here and tell me I have to
Y , go outside and bring in this
expert. You can't go outside and bring me that expert?
uMr. Maxwell: You have experts on staff that do that type thing...
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Commissioner Dawkins: But you just said, I didn't.
.•
Mr. Maxwell: but they are advising you now.
ff Commissioner Dawkins: Ah ah.
Mr. Maxwell: You place them into a conflict situation. I would suggest.
Commissioner Dawkins: Then hire me an outside attorney, and then there will
$ be no conflict.
Mr. Maxwell: Well it's not the attorney that they need, air. There are
traffic experts, and real estate experts, and the people that could provide s
the information indicating that decision that you are leaning toward now would �?
negatively impact on the neighborhood.
Commissioner Do Yurre: Can we get that from Public Works? Public Works can :
S provide information to us about traffic studies, and impact and all that.
Vice. Mayor Plummer; Yes, but let the tell you one thing that's not been said,
� ? ? } 'you've got another strike against' you, Mead the bottom "line -of the
` application, Cur`pxotessionals have already recommended approval.
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Commissioner Dawkins: How many times do we vote...?
Commissioner Alonso: That's right.
Mr. Maxwell: That's what 1 am saying...
Vice Mayor Plummer: That's another strike in court against you.
=
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Mayor Suarez: Please, please, please,
Commissioner Dawkins: Oh, please, come on. How many times have we voted
against our staff's recommendations?
Commissioner Alonso: Many.
Vice Mayor Plummer: Sir, I am not saying that. I am saying that if you go to
court, and the court looks at the fact that our professionals, not the board,
_
the professionals, recommended approval...
-
Commissioner Dawkins: The courts may or may not decide that.
Vice Mayor Plummer: They are going to say, hey, it's your own experts that
recommended it.
Commissioner Dawkins: No, no. That's rejection. You don't know how they are
going to vote.
Mayor Suarez: All right.
Commissioner De Yurre: Let me ask... Mr. Mayor. What impact...
Mayor Suarez: Yes, Commissioner, and then I will tell you how I;feel about
all this, and how I think we have enough technical predicate to deny.
Commissioner De Yurre: ... Sergio or Olmedillo, what impact do we have with
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land that is still residential, east or engulfed, to a great degree by the
cemetery? Would that fall under the same scenario as what we are dealing with
..
right now?
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Mr. Olmedillo: No. Because these are owned by private property owners. They
are singlehomes, and I remember, there are some duplexes on,. along 4th
Streets but that is owned by different...
Commissioner De Yurre: No, but if the cemetery started buying those parcels,
would they be then in the same position as they find themselves :now?
v
Mr. Olmedillo: No. They would have to come in and file the application,
because remember, the comprehensive plan for those properties today, reads,
duplex. :,So,, there is no way unless this Commission and the State agree on
amending --the comprehensive plan so that they can have the increased area of
the cemetery, there is no way that they do it.
can They would have to file an
application and run through the process.`
Commissioner De Yurre: ,And what does it read on the west, here?- on the. lots
is question?
Mr,, plmedillo: .:,Excuse me, sir?
Commissioner De,Yurre: What does it read on the lots in question?
Vice°Mayor Plummer; What's there now?
Commissioner De Yurre: What's the difference? i want to know the difference
bdtween the:l.ots'in Question, and the lots in the right,
Ma or Suarez: The -lots in question?
y q �- please, Guillermo.
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Co�anlaxiooer Alonsot ,.Beall.y, they.hook to me, the same,
M .. im lino: • As 12 sarirloht,now, they Are owoad by different intere4tby
Offoromt � prvporty ovuore who limos there,
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Commissioner De Yurre: 'Yee.
Commissioner Alonso: Ownership is the only difference.
Mr, Olmedillo: Ownership and use,
Commissioner De Yurre: What is the use...
Mr. Olmedillo: And comprehensive plan.
Commissioner De Yurre: Well what are these lots presently used as? The ones
in question, those?
Mr. Olmedillo: There is one house there.
Commissioner De Yurre: And is that residential?
Vice Mayor Plummer: And the caretaker of the cemetery lives there.
Commissioner Alonso: It's used as a cemetery now.
Commissioner De Yurre: But is it... what is it zoned as?
Mr. Olmedillo: It's zoned as R-2.
Commissioner De Yurre: OK, so it's residential.
Mr. Olmedillo: It's residential. It's zoned...
` Commissioner De Yurre: All those lots...?
n Mr. Olmedillo: But the comprehensive plan reads. well, major public
facility. That's why we are bringing it before you. Because we have a
comprehensive plan that reads, major public facilities. The corresponding
�.. zoning designation, is GI. And that's the item...
Commissioner De Yurre: And that is not the case on the properties to the
right?
Y,
fi,.... Mr. Olmedillo: No. On the other properties to the east between Mt. Nebo, and
u. Flagler Memorial, they are designated, duplex in the comprehensive plan and in
the zoning.
Commissioner De Yurre: So there is no danger of ever this occurring with the
properties to the east? That these people have to come back again becausa the
cemetery keeps expanding, going eastward then?
Mr. .Olmedillo: If the cemetery owners buy property and they want to go
through the process, they would have to file for comprehensive plan amendment
and a, zoning change. And this Commission, as well as the State will have to
: approve that.
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E� Mayor Suarez- It would not be in accordance with the comprehensive plan for
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them n
• eta to :do that. All right. In this case, :it does accord with the
comprehensive plan. It doesn't meet in my view, the other criteria, because I
don't think it's in harmony with the established land use pattern, which is
criterion B. I don't think it's related to adjacent and nearby districts,
which are principally residential, which is criteria C. I think it is out of ,.
JRE41__il�scale with the needs of the neighborhood of the City, because it's a totally,
tr different use, as 'explained by them, and testified by you. I think that it...
I don't know about maintaining the same or similar population density, z
guesai.that has a lot to do with whether that includes people who are alive or
dead. It certainly does not positively influence living conditions in the
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f neighborhood, and.i think it influences them negatively, as testified by them,
*ad I think it could have a significant impact on traffic in a negative way
certain
ly pedeaatrian'traffic as they have testified. They don't even hays {
g_s sidewalks there. Why couldn't they have built a sidewalk. They could have r
c;ln.=.hare and; Ask tho City to approve the sidewalks, at their exponee, kn
Es provide it fcr people to at .east be able to walk around the area, The
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q - 4t tt°!tf A*- that, they dida't beautify it, they didn't do anything to make it Y
_r mere favorable and enhance the neighborhood, And I think it would ne#atively �Y
3 impact `property values# criterion K, and I think it would not contri:but+�
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the improvement or development of adjacent properties in accord with existing
regulations, when you consider all the regulations of the City. The fact that
we want to generate neighborhoods in the City, residential infill in the City,
as opposed to the suburbs, because of growth management criteria) and other
things that are too technical to go into here, and for all those reasons, I am
inclined to vote against this application, and not take a deferral but I'll...
Commissioner De Yurre: Mr. Mayor, I think that you know, acting in an
intelligent fashion, we have to, and the mood of this Commission I think, it's
to deny this. But in order to deny this, we have to do it the right way, the
legal way, so it doesn't come back to haunt us, and then they end up getting,
not what they want. They and up getting...
Commissioner Alonso: Right, losing at the end.
Commissioner De Yurre: the cemetery across the street. I would make a
motion at this time to defer this item...
Vice Mayor Plummer: I did that a half hour ago.
Commissioner De Yurre: ... in the hopes that a legal method can be discovered
that may allow us to do what this Commission would like. And I would move at
this time to do that.
Mayor Suarez: So moved. I think it was kind of moved before...
Commissioner Alonso: Yes, it was. So moved and second, or second and moved,
or whatever.
Mayor Suarez: ... but if not, we will... why don't we...?
Mr. Maxwell: I believe there was a motion on the floor that it be deferred,
and the legal department along with staff, research the matter, and bring it
back to the Commission.
Mayor Suarez: That's the way it's viewed. That makes sense, and it's moved
by...
T.; Mr. Maxwell: Are we talking about until the next Planning and Zoning agenda?
Vice Mayor Plummer: I thought that's what I said a half hour ago.
Commissioner De Yurre: Yes, but you've got to say it in English.
Vice Mayor Plummer: Oh, I'm sorry.
Mayor Suarez: Commissioner De Yurre and Vice Mayor Plummer, seconds it in
English, this time.
Mr. Maxwell: Is it to the next
Mr. Rodriguez: Is this continued to March 28th?
=y Mayor Suarez: So moved and seconded. Any discussion?
Commissioner Alonso: Call the roll, please.
Mr. Maxwell: To which meeting, sir?
Mayor Suarez: I'm sorry?
�fMr. Maxwell: The next Planning and Zoning agenda?
Commissioner De Yurre: Yes.
s Vice Mayor Plummer: Yee,
Mayor Suarezi 'Call the roll.
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maissioner.Dawcinas What's the vote?
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Mayor Suarez: it's to defer for further study in conjunction with...
hopefully, in conjunction with what this Commission seems inclined to doo
which is to deny the application. Call the roll.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 91-172
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-
13 [PROPOSED FIRST READING ORDINANCE TO CHANGE THE
ZONING ATLAS AT APPROXIMATELY 245-299 N.W. 55 COURT
(FLAGLER MEMORIAL PARK) FROM R-2 TO G/I] TO THE
MEETING PRESENTLY SCHEDULED FOR MARCH 28, 1991 AFTER
6:00 P.M., IN THE HOPES THAT THE LEGAL DEPARTMENT CAN
FIND A WAY TO ACCOMPLISH THE CITY COMMISSION'S DESIRES
CONCERNING THE FOLLOWING:
(1) RESTRICT CEMETERY USE TO BELOW -GROUND BURIALS
ONLY;
(2) REQUIRE PROPER MAINTENANCE OF GROUNDS;
(3) PREVENT POSSIBLE ENCROACHMENT INTO THE
RESIDENTIAL AREA;
(4) TRY TO PREVENT LOSS OF PROPERTY VALUE OF
ADJAACENT PROPERTIES;
(5) PREVENT DIRECT ACCESS (PEDESTRIAN AND MOTORIZED)
TO THE CEMETERY FROM 55 COURT.
Upon being seconded by Vice Mayor Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
NOES: Mayor Xavier L. Suarez
.,, .
ABSENT: None.
Mayor Suarez: I have to vote, no. It was my hope to take care of it today.
OK? So, the battle is still on.
j
Mr. Rodriguez: So we will continue to March 28th, right?
Commissioner Alonso: Yes.
Mayor Suarez: SE HA PRORROGADO HASTA LA PROXIMA SESION DE LA COMISION. LES
DA TIEMPO, SUPUESTAMENTE, A NUESTRO STAFF.
Mr. Rodriguez: VEINTIOCHO DE MARZO.
`-'
Mayor Suarez: PARA EL VEINTIOCHO DE MARZO, PARA TRATAR DE CONSEGUIR
ARGUMENTOS QUE NOSOTROS PENSEMOS QUE SEAN PERSUASIVOS A FAVOR DE USTEDES,,E
IGUAL,A USTEDES PARA CONSEGUIRSE A LO MEJOR TECNICOS U OTROS QUE PUDIERAN
AYUDAR SU CASO.
Mr. Guanaga: I just want one question.
Mayor Suarez: Jose.
Mr. Guanaga: Even if we lose the battle, they can build later on a mausoleum
over there?
V-11
Commissioner Dawkins: Yes, inside the park.
Vice Mayor Plummer: Well, excuse me. If you lose the battle in court, they
+don't have to proffer any covenants, and yes, the answer... no, mausoleum,
0 ly up to twenty-five foet
.I o uez: No. I don't agree.
Ids'• 44inaga3 We have & written statement for the owner when they Sol&:,it...
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Vice Mayor Plummer: No, no. The owners are not going to give you that if
they go to court.
Mr. Cuanaga: No, no, no. When they bought the property in 1981, I think so,
I've got a paper in my house, I forgot to bring it.
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Mayor Suarez: That doesn't affect us. 'r
3
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Commissioner Alonso: But that doesn't have a legal effect.
Vice Mayor Plummer: That doesn't apply now. If you lose in court, they can
build a mausoleum twenty-five feet, and you have no control, and we have no
control.
Mr. Olmedillo: To rectify the record, Vice Mayor...
Vice Mayor Plummer: That's the chance you take when you go to court.
Mr. Rodriguez: Commissioner.
Commissioner De Yurre: Look, what's going to happen is, during the next
thirty day, you are going to have to meet with them and try to extract...
Vice Mayor Plummer: They're going to lose.
Commissioner De Yurre: ... what you want for your area to gain as much as you
can.
Vice Mayor Plummer: They will lose in court.
Commissioner De Yurre: ... OK?
r Mr. Rodriguez: Vice Mayor.
r
Commissioner De Yurre: So your best bet, is to get-together with them and to
workout some kind of deal that's beneficial for you.
>. Mr. Guanaga: For everybody.
Ms. Leon: Mr. De Yurre, they haven't answered already about the request of
the mausoleum for this time?
Mr. Rodriguez: May I clarify something on the record about the mausoleum. To
get a mausoleum in a cemetery, you have to get a special exception.
Mr. Olmedillo: With City Commission approval.
Vice Mayor Plummer: Below twenty-five feet?
Commissioner De Yurre: They have to come to us. -
�} Mr. Olmedillo:= It could be higher but it has to be through'a major use
W.21 special permit approved'by``this City Commission. r
} Commissioner Alonso: Any size? Even if it's twenty-five?
wo�
Vice Mayor Plummer: Sir, you... well then I want...
Mr, Olmedillo: No. Whatever conditions you think are reasonable, you apply to
that s Pedal permit.
Vice Mayor Plummer: To regular cemetery,
�* Commissioner Alonso: No, no, The are saying, if the N=.
Y y B, y go to court and they
lose, -can they build a mausoleum? Y
Mr, Qlnaedi llos - They would have to come backs and go through the process of the
- apaoial OXCOPtiOP with City Commission approval anyway, y
-- Vice X*y9r Plummors Then I want you to come back and tell me, when �oodl�wA �� ,
C*Aliterj► b liit in the northeast corner, when that same before thin CoMpilaaion
RO ' or,,, pprov#11 bnesuae they built it,
Mrs Olmedillo: That was under 9500, the
zoning ordinance...
Mr. Rodriguez: This in different, 11000.
Commissioner Alonso: Oh, this is 11000.
�.
Mr. Olmedillo: We made it a little more
difficult.
M�>-J
—iYiYiwr.-rr-----W..a.ra.`nais----stir—i------------------ --- ---- ------- L—whir--
50. (Continued Discussion) SOLICIT ORANGE BOWL COMMITTEE TO ASSIST IN
WELCOME HOME CELEBRATION FOR TROOPS RETURNING FROM THE PERSIAN GULF (See
label 28).
Vice Mayor Plummer: Mr. Mayor.
Mayor Suarez: Vice Mayor Plummer.
Vice Mayor Plummer: May I ask the administration... Sergio.
Mr. Rodriguez: 'yes.
Vice Mayor Plummer: You took... about the celebration in the Orange Bowl?
Mr. Rodriguez: Right.
Vice Mayor Plummer: OK. May I ask that the administration incorporate the
Orange Bowl committee to solicit their help, since they are experts in putting
on such a situation?
Mr. Rodriguez: OK. Very good.
Vice Mayor Plummer: Thank you, Mr. Mayor.
Mayor Suarez: OK. Perfect... NOTE: AT THIS POINT, THE CITY COMMISSION RESUMES
CONSIDERATION OF ITEMS ON THE PLANNING AND ZONING
AGENDA.
----------------------------------------------------------------- ------------
31. (Continued Discussion) FIRST READING ORDINANCE: AMEND 11000 ATLAS -
CHANGE DESIGNATION AT 2557-2613 S.W. 1 STREET (LESS S 1' OF LOTS 16, 17
& 18 AND LESS E 1OF LOT 18) (RANDLE EASTERN AMBULANCE SERVICE) FROM
DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL - COVENANT "PROFFERED a
(Applicant: Cruz & Cruz) (See label 26).
k----------------------------------------------------------------------------
Mayor Suarez: Did we get a resolution of the item that was tabled by any
chance?
Mr. Guanaga: Yes.
Mayor-Suarez: To come up with a better...
V
Commissioner Alonso:' And I want to bring back after, item;12.
' Mr. Robert'Traurig: Mr. Mayor. For the -record, once again, Robert H.
9` Traurig, 1221 Brickell Avenue.
;g. Mayor Suarez: Bob, 'just hold it for a second, please. OK, please, everybody,
4� we need a,littie bit of quiet here.
Mr. Olmedil.lo: Just for the record, PZ-10 and PZ-11.
Vice Mayor Pl.ummers In this,..?
= g
Mr. TrauriS: We have had the opportunity to meet with Mr, Keys, and $ulijbct {'
tQ the approval #this coning:application by this Commission, we have he
ALS room
at between Randle Eastern and Mr. Keys, that atartin in ninety day$,
,a°ts a,l ��`rage;rdtess o when development occurs on the Randle
s property, there will.
-- bo no, ambulance traffic on SW lot Street, between Randle Raet�rn �d ��th
rxr � ►n us,. = that to going from Randle Eastern to G::e east. Did i say, Mr K, 7 r
S'sbruOry,A i �3s�r
-
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71
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Mr. Rodriguez: What?
Mr. Traurigi Mr, Heid?
Mayor Suarez: Last name.
7A
Mr. Traurig: Your name, sir.
Mr. Heid: Heid, H E I D.
Mr. Traurig: Heid. OK, I said, Keys, excuse me, it's Mr. Heid.
Mayor Suarez: As in, you better heed what we do here today.
Mr. Traurig: Secondly, Mr. Heid indicated that he was concerned, and his
neighbors are concerned only with the traffic in front of their houses,
between 25th Avenue and this site. And that he doesn't have any objection to
our having two driveways on 1st Street, nor any objection to having the one
driveway on 27th Avenue. As long as we agree that all traffic has to go to
and from our property, from 27th Avenue along lst Street, to our driveways,
and that no Randle Eastern traffic would go east of our property toward 27th
Avenue. So if you can...
Unidentified Speaker: No, it's 25th Avenue.
Mr. Traurig: To 25th Avenue. So that...
Mr. Rodriguez: I'm confused.
i
Vice Mayor Plummer: Let me ask this question. Mr. Heid, would you come to
the microphone, €
Mr. Heid: Yes, sir.
a ;
Vice Mayor Plummer: Sir, would you have any objection? - I think the only
way... you see, when we make a change of zoning, they can voluntarily
covenants but they break it, it's hell to try to get it broken. Now, would
you have any objection sir, if SW 1st Street was made one way east from 25th
to 27th Avenue? That's guaranteed then...
Mr. Olmedillo: You mean west?
Vice' Mayor; Plummer: I'm sorry, west. In other words, the traffic can only
flow towards 27th Avenue, it could not flow in. I think that would guarantee
what.you;.are trying to accomplish, regardless of how many openings they have.
Commissioner De Yurre: What about the other neighbors?
Vice Mayor: Plummer: To hell with my Alma Mater. They close that street
without our permission. ;
Mr. Heid: Yes. Not only the street, but the avenue. I personally,
Commissioner Plummer, would not have any objection. Of course... well, it's
hard to say. It's difficult as you probably know, to... if we make it a one- _
waq street, if you make it a one-way street, then as you know, SW...
Vice,Mayor Plummer: You can only get in from 25th: -
Mr Heids Well, > but we can'tcome down 25th, because the school blocks it
off, and they also block off SW 1st Street to the east of 25th. So, the,only
Y way the,rssidents on SW.1st Street, if that were made a one-way, if 1st Street
was made a one-way street, would be to go down to Flagler Street,
Vice Mayor Plummer: Oh, I see what you mean`.
Commissioner Alonso: Oh, that's very difficult.
�k Vice Mayor Plummerr Forget it, forget it.
r. Ctentoner Alomeo: No.
124
Fsi►ry 2y 1
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Mayor Suarez: OK. Let's put this complete deal..i
Commissioner Alonso: But may I ask at this point? - what kind of guarantees
do we really have, if we have two entrances, or it will only be egress?
Because if they come in, how do we guarantee that the traffic will not come
this way, east -west?
Mayor Suarez: How do we know that egress does not mean also ingress?
Mr. Traurig: May I call to your attention what I called to Mr. Heid's
attention? And that is, in our covenant, we have provisions that it can be
enforced, not only by the City, but by property owners within three hundred
and seventy-five feet of our property. And it can be enforced by lawsuits,
either for damages, or for injunctive relief, and all the cost and fees of the
losing party have to be paid to the winning party, and that, that includes
reasonable attorney's fees. So for his protection, he has got the right to
enforce this covenant as well as the City, to enforce this covenant. We
anticipated you know, the concern of the neighbors as to how they can enforce,
and we have provided for that enforcement language in the covenant.
Commissioner Alonso: OK.
Mr. Traurig: And I would say to you that all language that the Planning
Department wants to insert in this covenant, we will be happy to revise the
covenant to insert that language. And the covenant has to address all the
concerns by the Planning Department.
Vice Mayor Plummer: So what are you saying? - defer it until you can...?
Mr. Traurig: I was saying, sir, that this is first reading, I would
appreciate your passing it between first and second reading. We will address
everything in more detail with both Mr. Heid and with the Planning Department,
so that when we come back here on second reading, the end of March, we will
have the complete covenant.
Vice Mayor Plummer: That's fair.
Commissioner Alonso: Yes, fine. Move.
Mayor Suarez: All right. So moved. That's fair a
seconded by Commissioner Alonso. Read the Ordi
understandings and covenants, and subject to whateve
Commissioner Alonso: Remember, we have a...
Ms. Adelaida Fernandez-Fraga: I'm sorry. Mayor Sua
Commissioner Dawkins: Does this include everything?
Commissioner Alonso: We have one more, yes...
Vice Mayor Plummer: No, no, no. It doesn't include
aE
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Commissioner Dawkins: We've got to deal with the wh
9�
Commissioner Alonso: No, we haven't discussed that.
Ms. Fernandez-Fraga.: That includes all... both th
e
s deemed to be. Moved and
nance, and with all the
r modifications we make._
rez, I had made a...
the second.
ole thing.
parcels. I'm sorry. I
been able to proffer what
it to you now, and I
record what I did promise, presumably, . I mean, resumabl all
ate on the record what you
yobruary 28: 4991 ?.
� 47 lY
11
i
Me, Fernandez-Fraga: It's a different property than what we are talking
-
about.
Mayor Suarez: ... happy to hear the other promises too.
Commissioner Alonso: Yes.
-
Ms. Fernandez-Fraga: Our lots will be completely closed off. That has been
part of the covenant to you from the beginning. What we will additionally
covenant, is that lot 17 will not be built upon, it will be used for parking.
Lot 18 will be remodeled. The existing structure will be remodeled without
the addition of any square footage so that there is...
Mayor Suarez: I sure hope you remodel it.
Ms. Fernandez-Fraga: It needs to be remodeled.
Mayor Suarez: Because it looks like the place where a lot of...
Commissioner Alonso: Yes.
Mayor Suarez: ... J.L. Plummer's clients go to.
Vice Mayor Plummer: Hey, hey.
Mr: Fernandez-Fraga: I think you are maligning Mr. Plummer's clients.
Vice Mayor Plummer: We're going to miss you.
Ms. Fernandez-Fraga: It will be remodeled, but there will not be any
-
additional square footage, because I know you had some concern with regards to
intrusion and increased use. If something happens to that building with
regards to demolition, fire, whatever, it will not be rebuilt, it will be used
r:.
as parking.
'.
Mayor Suarez: OK.
y
Commissioner Alonso: And you are going to have a wall, concrete wall...
Ms. Fernandez-Fraga: That has been proffered to you before.
Commissioner Alonso: ... and very nice landscaping facing in the
neighborhood.
u
Ms. Fernandez-Fraga: Yes. There will be a concrete wall between lot 18 and
lot 19, and there will be a concrete wall all along the 1st Street side of the
property.
Commissioner Dawkins: Trees and shrubbery.
E.
Commissioner Alonso: Yes. A nice landscaping, and are you listening staff? -'
that's what we are asking.
Mr. Olmedillo: Yes, Commissioner.
Commissioner Alonso: And we want to be certain that when it comes for second
reading, that isincludedand they have offered to do all these nice'°things;-
and ;they :will put- it in .writing.
Mayor Suarez: OK. As to...
..'
Mr. Held: OK. I just..
Mr.'Oimedillos I didn't got clear the first...
Mayor. '.Suarez: Mr. Heid.
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Mr.: Heidi Sorry. I just have one other point that was brought to my mind
P„
when you were discussing the cemetery situation here. On lot number i$, of
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whtC,h firs; gags represents thQ owners _oi, .the _ ueat 4A that" oon+cerma me at
`►'i1�t
this �s�int: is �'; asad aPP.a�egt]y -all Qthdrs ire resoivad it ;'tho in the
6
f c y
VQV#44at'that they May that they are going to do is the tact that lot: number
-
lS is contiguous'on SW let Street with renjo ontial proPerty, +end...
r* ,
L
121
�.
. f R.
4
J
a
Mayor Suarez: Did you gay that it would be resolved if she put the covenant
that she just suggested she would put in?
Mr. Heid: Yes.
Mayor Suarez: So why must we hear it?
Mr. Heidi Well, no, no.
Mayor Suarez: Sheds going to put that covenant.
Mr. Heidi But this is a question that was not mentioned.
Mayor Suarez: What is the question, Mr. Heid? You are now almost an official
member of our Planning and Zoning Department, sir.
Mr. Heidi After two meetings?
Mayor Suarez: You don't know how much of our two meeting you have taken up,
with the other items that we have to consider, sir.
Mr. Heid: Well, I guarantee you, I have not taken up as much as the
applicants have, believe me. Far less.
Mayor Suarez: I was afraid you were going to answer that.
Mr. Heid: And they have, too.
r
Mayor Suarez: What is your concern now as to the adjoining lot to lot 18?
Mr. Heid: All right. The simple question is this, Mr. Mayor. It was `E
mentioned in the cemetery situation that there was a possibility that if the
adjacent piece of property was rezoned, that could indicate in the future that
Y the property adjacent to it was... could be...
Vice Mayor Plummer: Mr. Heid.
Mr. Heid: Yes.
Commissioner Alonso: No way.
Vice Mayor Plummer: They have given a one foot setback which does :not make
it contiguous.
j4
Mr. Heide OK.
Mr. Rodriguez: All the way through. In the application that is the way it's
shown.
Commissioner Alonso; Yes.
Mr. Heid Yes I understand. I just want to clarify it in my own mind.
Vice Mayor Plummer: Now, I want to ask...
Mayor Suarez: Great. Next time you want to clarify something in your own
�F mind, speak to your confessor, please. No, that's fine, we'll put it on the
record,
Mr. Heidi If I do, will you give you the papal blessing? L
Mayor Suarez:Yes. You get all the blessing you want, as long as you get out
of our lives... I mean, as long as we finish this hearing,
Mr. Heid: OK. r
Commissioner Alonso: HaPPY ending,
t
Vice Mayor Plummeri Mr. Mayorl I would like to now ask the regresentativo of
Cox and Cruz, You are going to :multifold the Value of your prQporty,
A r3
j,e "fit
F1oil
El
6
Cortimissioner Alonso: Mice,
Vice Mayor Plummer: What are you going to do for the residents of this City,
the taxpayers, since you are benefiting, what are you going to do to benefit
them?
Ms. Fernandez-Fraga: Directly, I am improving...
Vide Mayor Plummer: You are not listening very well.
Ms. Fernandez-Fraga: I would need the opportunity to consult...
Vice Mayor Plummer: You need the opportunity to speak with Mr. Traurig before
the second reading, who will be...
Ms. Fernandez-Fraga: Glad to inform me.
Vice Mayor Plummer: ... glad to explain to you what in fact the tax payers of
this community would look for, since they, not I, would be granting to you,
possibly, this privilege on the second reading.
Ms. Fernandez-Fraga: I would indeed, be immediately consulting with Mr.
Traurig, in order to get an idea of... besides the tax benefit to the City...
Vice Mayor Plummer: You learn very quickly, I like that.
Ms. Fernandez-Fraga: Thank you, sir.
Mayor Suarez: The matter might never come up for second reading otherwise, so
you know, it's just one of those things that things get postponed.
Ms. Fernandez-Fraga: I... that did dawn on me.
Vice Mayor Plummer: We will pull a Joe Gersten on you.
Commissioner Alonso: Wow, that's not very funny.
Mayor Suarez: I`was afraid somebody was going to go too far around here. OK.
We have a motion and a second with all of those understandings as to PZ...
Mr. Maxwell:. Ten.
Mayor Suarez: Ten'. You are a gentleman and a scholar. Read the ordinance.
Mr. Maxwell: Just for the record, the covenants proffered so far, are for
agenda item 11, not 10. This is a comprehensive plan.
Mayor Suarez: All right, as to PZ-10 then. 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
PROPERTY LOCATED AT APPROXIMATELY 2557-2613 SOUTHWEST
:.
1ST' STREET, MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN), BY CHANGING THE DESIGNATION OF THE
:=
SUBJECT PROPERTY FROM DUPLEX RESIDENTIAL TO RESTRICTED
,;.
COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE CITY
CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO AFFECTED
AGENCIESf CONTAINING A REPEALER PROVISION AND
SEVERABILITY' CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
-„
Was introduced by Vice Mayor Plummer and seconded by Commissioner Alonso
z`=
and was passed on its first reading by title by the following vote:
" la
t r
rebru*0,44 toot
d r FL +
4Rab�
CgOR
I `;I
a
AYESt Commissioner Victor be Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. plumtmer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENTt None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
_
to the public.
------------------------------------------------------------------------------
32, FIRST READING ORDINANCE: AMEND 11000 ATLAS AT 2557-2613 S.W. 1 STREET
(LESS S 1' OF LOTS 16, 17 & 18 AND LESS E 1' OF LOT 18) (RANDLE EASTERN
AMBULANCE SERVICE) FROM R-2 TWO FAMILY RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL, REMOVING SD-12 OVERLAY DISTRICT - COVENANT PROFFERED
(Applicant: Cruz & Cruz).
------------------------------------------------------------------------------
Mayor Suarez: PZ-11 now with all the covenants.
Mr. Maxwell: Yes, sir.
Mayor Suarez: Moved by Commissioner De Yurre, seconded by Commissioner
Alonso. That's close enough, yes. 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 R-2 TWO FAMILY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL, REMOVING THE SD-12 OVERLAY
DISTRICT FOR THE PROPERTY LOCATED AT 2557 SOUTHWEST 1
STREET AND 2613 SOUTHWEST 1 STREET, MIAMI, FLORIDA,
ALSO DESCRIBED AS LOTS 16, 17 LESS THE SOUTH 1' AND
LOT 18, LESS THE EAST 1' AND SOUTH 1' OF BLOCK 1,
CENTRAL PARK, AS RECORDED IN PLAT BOOK 5, AT PAGE 57,
OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AND BY
MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 34 OF
SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
y
ShF
Was introduced by Commissioner De Yurre and seconded by Commissioner
Alonso and was.passed on its first reading by title by the following:vote-.
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
a
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record gad
'
announced that conies were available to the members of thn r4tv frnmmino4n., a"A
JS
r
.s:r:,u: --------`r---r.--------------r
33. (A) (Continued Discussion) RECONSIDER PRIOR MOTION WHICH CONTINUED
CONSIDERATION OF PROPOSED FIRST READING ORDINANCE AMENDING 11000
ATLAS BY CHANGING DESIGNATION OF BLOCK BOUNDED BY N.W. 10 AND 11
STREETS BETWEEN N.W. 4 COURT AND 5 AVENUE (YWCA, CHILD CAME AND
HEALTH CLINIC SITE) FROM 9-3 MEDIUM DENSITY MULTI FAMILY
RESIDENTIAL TO G/l GOVERNMENT AND INSTITUTIONAL.
(B) FIRST READING ORDINANCE - AMEND 11000 ATLAS - CHANGE DESIGNATION
OF BLOCK BOUNDED BY N.W. 10 AND 11 STREETS BETWEEN N.W. 4 COURT
AND 5 AVENUE FROM R-3 MEDIUM DENSITY MULTI FAMILY RESIDENTIAL TO
G/I GOVERNMENT AND INSTITUTIONAL (Applicant: Planning, Building
& Zoning Dept.) (See label 27).
-----------------------------------------------------------------------------
Commissioner Alonso: I'll like to bring back item 12.
Mayor Suarez: Commissioner Alonso.
Commissioner Alonso: PZ-12.
Mayor Suarez: On PZ-12.
Commissioner Alonso: Yes. The neighbors that were here before, they stated
to me and also I believe, Commissioner Dawkins talked to them, and they agreed
that if we wanted to take this item at this time, in order not to affect the
process in Tallahassee, they were in agreement, and they had no objections.
So, I think I'd like to move on item 12 at this time.
Vice Mayor Plummer: I
will second that based on the fact that none of those
objectors come back and
testify to the contrary.
Commissioner Alonso: Fine.
Commissioner Dawkins:
They went... I went
out... they called me outside, and
as Commissioner Alonso
said, they said,
that they are happy, they did not
understand it. Now that they understand
it, they have no objections. And d
they feel like I do,
although that's my
Governor, and I voted for him, I
worked hard for him, I
will not give him
the opportunity of taking my money
for my health care center.
Commissioner Alonso: That's right. '
Mayor Suarez: Gentlemen, you're OK on PZ-12? Were you here on that one? You
were not here before on it, I don't think. OK, great. All right, so moved
and seconded then?
Commissioner Alonso: OK, so I move. Yes. }
Mr. Maxwell: Mr. Mayor, procedurally, I think you need to reconsider your
previous...
Commissioner Alonso: OK. Move to reconsider.
Mayor Suarez: Move to reconsider first, Commissioner Alonso...
Commissioner Dawkins: Second.
Mayor Suarez: ... and Dawkins. Call the roll on the reconsideration.
130
i
The following motion was introduced by Commissioner Alonso, who moved
its adoptions _
MOTION NO. 01-113
A MOTION TO RECONSIDER PRIOR MOTION (91-170) WHICH HAD
CONTINUED PROPOSED FIRST READING ORDINANCE CHANGING
ATLAS DESIGNATION FOR BLOCK BOUNDED BY N.W. lb AND 11
STREETS BETWEEN N.W. 4 COURT AND 5 AVENUE FROM R-3
(MEDIUM DENSITY MULTI FAMILY RESIDENTIAL TO G/I
(GOVERNMENT AND INSTITUTIONAL).
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 Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: PZ-12 is moved.
Commissioner Alonso: Yes, moved.
Vice Mayor Plummer: Second.
-
Mayor Suarez: Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
,r
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
k
FLORIDA, AS AMENDED, BY CHANGING THE ZONING
CLASSIFICATION OF THE BLOCK BOUNDED BY NORTHWEST LOTH
AND 11TH STREETS BETWEEN NORTHWEST 4TH COURT AND 5TH
AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN), FROM R-3 MEDIUM DENSITY MULTI FAMILYy;
RESIDENTIAL TO G/I GOVERNMENT AND INSTITUTIONAL; BY
MAKING FINDINGS; AND BY MAKING ALL NECESSARY CHANGES
ON PAGE NO. 23 OF SAID ZONING ATLAS; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
r
Was introduced by Commissioner Alonso and seconded by Vice Mayor Plummer-'
and was passed on its first reading by title by the following vote:
1r
AYES: Commissioner Victor De Yurre
K
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
`t
Mayor Xavier L. Suarez
NOES; None.
ABSENT: None.
The City Attorneyread the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.'
7-7
--------`---------- ------ ....=----------------------------- ---.:��
34. (A)
(B)
(C)
(Continued Discussion) DISCUSSION CONCERNING ZONING VIOLATIONS
BY WILFREDO CURBELO AT 1500 S.W. 15 STREET (See label 11).
DIRECT CITY ATTORNEY TO BEGIN FORECLOSURE PROCEEDINGS AGAINST
PROPERTY OWNERS FOUND GUILTY OF CODE VIOLATIONS BEFORE CODE
ENFORCEMENT BOARD WHO DO NOT COMPLY WITHIN 90 DAYS.
COMMISSIONER ALONSO COMPLAINS ABOUT INCORRECT USAGE OF HER NAME
BY A MEMBER OF THE ROADS ASSOCIATION AND CODE ENFORCEMENT BOARD.
------ ---------- --------------------------------------------------------------
Commissioner Dawkins: Thirteen.
Mayor Suarez: Yes. Now, did we make a promise on item 6, was it?
Mr. Rodriguez: Six, yes.
Mayor Suarez: Are the opponents here?
Mr. Rodriguez: He might be outside.
Mayor Suarez: This is a morning item. We are getting there, we are not too
far behind.
Mr. Rodriguez: This is the Curbelo case, right" - discussion.
Mayor Suarez: What are you going to do? You are going to start looking for
Mr. Curbelo or who usually...?
Mr. Rodriguez: No, somebody went to look for him. {1
}
Mayor Suarez: All right, while we find Mr. Curbelo and company, PZ
Mr. Rodriguez: Fourteen.
Mr. Keith M. Hardin: He is here.
Mayor Suarez: I'm sorry, fourteen.
Commissioner Alonso: What item are we taking?
Vice Mayor Plummer: They are here.
Mayor Suarez: There is Mr. Curbelo. All right. Item 6, from the morning, we j
promised you. He is off again. Somebody help.
Commissioner Dawkins: He is coming around.
Mayor Suarez: There he is again.
Commissioner Dawkins: He went up to the other mke, Mr. Mayor.
Mayor Suarez: You know, this item was scheduled for the morning. I don't
know who is helping Mr. Curbelo, but whoever is helping him, we need you to be
like on your toes, and get ready here. Who do we hear from first? It's
Planning Building and Zoning?
Mr. Rodriguez: No.
Mayor Suarez: It's an enforcement issue?
Mr. Rodrigueza This... may I try to refresh your memory. Last Commission
Meeting, I believe, Mr. Hardin came over, beca-tue he thought there might be a
pocket item to deal with this issue, and you Mr. Mayor, asked us to schedule
this meeting for today to discuss any issue related to this matter. Which is
a code enforcement board violation and the issue, whether it was.., should be
foreclosure on the property or not.
Commissioner Alonso; By the way, who was supp000d to bring that pooisst item?
V i M Plummer; No it's not a pocket item
i_
Mr. Rodriguez: It's not today.
_
Commissioner Alonso: No. That's what it was discussed at that time.
Mayor Suarez: If it was me, I forgot about it already.
Vice Mayor Plummer: Give us the real basis.
;.
Commissioner Alonnso: Because I heard, too.
_
Mayor Suarez: Although, I do have the transcript here, and I have been trying
_
to familiarize myself with it.
Commissioner Alonso: Yes.
Vice Mayor Plummer: Give me the real basis of the violation, that's what I
-
need to hear.
Mr. Juan Gonzalez: Juan Gonzales, Planning Building and Zoning. I am here to
answer any questions concerning the code enforcement.
Vice Mayor Plummer: You heard my question, answer it.
Mayor Suarez: How about as the first question, what is this all about?
Vice Mayor Plummer: What is the violation?
Mr. Gonzalez: OK. Currently, right now, the...
F_
Mayor Suarez: In simple terms please. Don't give us too much of a history.
q:
Mr. Gonzalez: -OK., Very simple terms is, he was taken before the Code
Enforcement Board, found guilty...
Mayor Suarez: Of what?
97
Mr. Gonzalez: Of illegal units.
Ft
Vice Mayor Plummer: OK.
Mayor Suarez: Illegal units, meaning what?
Mr. Gonzalez: Meaning more than the allowed number of units on a property.
Vice Mayor Plummer: How many are legally allowed?
i+
Mr. Gonzalez: Our records indicate, and the determination from the zoning
administrator, that only one legal dwelling unit should be on the property.
}�
Vice Mayor Plummer: And what is the zoning?
Mr: Gonzalez:- The zoning is currently R-1, single family.
Vice Mayor Plummer: Which is single family?
Mr. Gonzalez: Correct.
Vice Mayor Plummer: y All right. Have. you wade a determination that there are
more than five unrelated people living there?'
-
•
Mr, Gonzales: Not five unrelated persons residing on the property, which is
currently three now under the 11000. What we have determined there, is
X
Ohl
actually units, in other words, kitchen facilities.
+
x `..
Vice MayorPlummer: How many units have you determined that in fact exist
x
,f
a'
there?:
Mr. Gonzalez; OK, That's.,, currently right now, we inspected on the 21nt �i
February, there were two units in the front structure, and one unit iz thi
.
rear structure. The inspectors came back on the request of Mac. Ourbel on .tea
0
- ..
g th of rebruery. The rear or the third unit in the rear has been
w
'here is currents ;
', consisting o two units in the structure133
h6 ij'ag 1
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`
Vice Mayor Plufi,mer: And you are saying that, that is illegal?
Mr. Gonzalez: Yee, sir, that is our basis,
Vice Mayor Plummer: Is there one, more than one electric meter there?
Mr. Gonzalez: Yes, sir. There are two electric meters on the property,
Vice Mayor Plummer: And are they issued to two individual people?
Mr. Gonzalez: They were issued to the property. To that partic...
Vice Mayor Plummer: Who is the guarantor of the bill?
Mr. Gonzalez: The actual permit when that was issued was in... hold on.
Vice Mayor Plummer: Are they both in the same name,
or are they separate
names?
Mr. Gonzalez: No, I believe they are both in the same
name as the property
owner, when that permit was issued for repairs.
Vice Mayor Plummer: You believe, or you know?
Mr. Gonzalez: Let me look at my record, sir. It's to
Wilfredo Curbelo, the
same person.
Vice Mayor Plummer: Both meters are charged to the same
person?
Mr. Gonzalez: That is correct, sir.
Vice Mayor Plummer: And in your determination,..how many
people are living on
the premises?
Mr. Gonzalez: When the inspector went out there... let me find his report,
hold on.
Commissioner Dawkins: While he is looking, Mr. City Manager.
Mr. Rodriguez: Sir.
Commissioner Dawkins: A building with two metersandtwo
kitchens, would that
be considered a one unit, or two units? - technically.:
Mr. Rodriguez: Two units. It will be two units.
Commissioner Dawkins: Because two kitchens will make
that be two units _?
'
right?
If
`.
Mr. Rodriguez: Yes, sir. -
Commissioner Dawkins: OK, right. He had six meters,
and he still 'had two j°♦
units. I mean, two,kitchens is two units.
Mr. Gonzalez: That is correct sir, two units.
Vice Mayor Plummer; I'm sorry.
Mr.. Gonzalez: Commissioner, in answer to your question,
on the inspection of ,Af.
February 22nd, our inspector found seven persons living
in the first Boor, E
and five on the second floor of the front.
Vice Mayor Plummer: A total of twelve.
Mr. Gonzalez: And one person in the third unit in the rear. {
.•
fir'
Vice Mayor Plummer: Thirteen.
Mr. Gonzalez: That was on February 22nd,Ed
:
3
aallSOn,
f
vice Mayor Plu mart Was there any determination made as to whether or these
- people were related?
Mr. Gonzalezt It's very hard to...
Vice Mayor Plummer: I'm only asking.
_ Mr. Gonzalez: Not no.
Vice Mayor Plummer: OK. Thank you.
Mayor Suarezt OK.
Mr. Keith Hardin: At one time, he had twenty-eight people...
Mr. Rodriguers His name.
Mr. Hardin: ... six different families, four electric meters...
Mr. Rodriguez: Mr. Mayor, you might want to get his name.
Mr. Hardin: ... plus an extension cord...
Vice Mayor Plummer: Wait a minute. Mr. Hardin, hold on just one minute. Let
me.., excuse me. Mr. City Attorney. -
Mr. Fernandez: Yes, sir.
Vice Mayor Plummer: Since this matter is before the Code Enforcement, can we
legally, and this gentleman has been found guilty before that Code
,.. Enforcement. Can we legally as a Commission do anything to the contrary? I
don't want Keith to stand up here and think we can and we can't. Now, I know _
that before you told us that when a fine is levied by Code Enforcement, we
have no power to change that.
Mr. Fernandez: Correct.
n` Vice Mayor Plummer: OK. If this matter has gone before Code Enforcement,
this gentleman has°been found uilt g g y,-does this Commission have the, right, if
t we wanted to, to.say, yes :or no, -on foreclosure?
Mr. Fernandez: Foreclosure is a different .question'than,code; enforcement
.
Foreclosure is a step after code. enforcement. On the issue of foreclosure,
this Commission would have ultimately, something to say about whetherthe
property :is foreclosed or not, but we are not at the point of foreclosing A
necessarily. We are dealing with the Code Enforcement Board having found the
violation, the violation has not come into compliance yet, so it continues to
k accrue a fine.
Vice Mayor Plummer: OK. Now, in the article that I read ..a part of, where
does the determination reached, that the fines exceed' the -value of,. the
property, and is as such,`what happens then? If the property; is worth twenty-
five thousand dollars ($25,000), once the fines reach twenty-six thousand
dollars::02b,000) without coming to this Commission, what enforcement tool
does the Code Enforcement Board have to put teeth in it? I mean, you know
when they have gone beyond the value of the property, it.seems likarto me that
there is not going to be any compliance. Are you saying in every case, and I {
am:not'.s eakin to.this one in p g particular, that it just continues to run on ad
infinitum, or is in every case, foreclosure, and it has to come before this
f, Commission?
14
F - -
Mayor 'Suarez: What is the enforcement toward the question? What is the
enforcement toward that point? t,
Vice Mayor Plummer: Where is amen day?
fir. Rodriguez: The Only teeth that we have is foreclosure.
7
Mr. Fernandez; Correct,
a y'.
s Vice M+aycr Plummer: ON. Now, are you saying thst every mattr.
VA
= y x
a
11
Mr. Rodriguez: Excuse me. Lot...
a
Vice Mayor Plummert ... of foreclosure has to come before this Commission?
Mr. Fernandez: No.
'f
Vice Mayor Plummer: Then why is this matter before this Commission? Why
`F
didn't you just start to proceed with foreclosure, without this Commission...
I mean...
�t
Mr. Fernandez: This item is not here on the issue of foreclosure. This item
1
is here because, I don't know, somebody... I didn't bring it up. A neighbor
came here and made a statement that he understood somebody was going to bring
it out of pocket. That's the best I know, but otherwise...
Mayor Suarez: All right, we are not too sure why it is here. I think I may
have at some point have requested at the...
Vice Mayor Plummer: All right. The bottom line I still want to try to get
to. Where Code Enforcement has found the party guilty...
Mr. Fernandez: This Commission is without authority...
Vice Mayor Plummert ... has imposed a fine, is there anything within the
purview of this Commission that we can do differently.
Mr. Fernandez: No. No, you cannot.
Mayor Suarez: OK. Commission Dawkins.
Vice Mayor Plummer: I just want that established. OK?
-
Mayor Suarez: Commissioner Dawkins, you have a question?
Commissioner Dawkins: Mr. Rodriguez.
Mr. Rodriguez: Yes, sir.
Commissioner Dawkins: If the inspectors have gone out and the inspectors
found two kitchens in an R-1 residence, which means that it has been altered,
where in 'my opinion, it no longer conforms to a R-1 residency, what's illegal
about pulling the CO, or whatever you have to do, and condemn this building,
because it is not in conformance with R-1?
��
�'_
Vice Mayor Plummer: It's and unsafe structure.
Commissioner Dawkins: That's right.
Mr. Rodriguez: The g procedure that you have to follow is, to allow: for due
,.
process, is that you have to give a citation to the individual to allow him to
try to correct the illegality that he has or she has at .that point. Because
many of these cases, we find...
Vice. Mayor Plummer: Yes, but you see...
a+
Mr. Rodriguez: ... there is no permit, and there is no temporary CO.
Commissioner Dawkins: What stops...
Vice Mayor Plummer: You're whistling Dixie. OK?
Z<<
Mr. Rodriguez: Let me try to finish.
Commissioner Dawkins: What prevents us from condemning the property and have
people move out until it's corrected?
�-
Mr. Rodriguez: All right, let me get the law department to answer that
F
question.
F,
V.l..e 1J�...... 1D7... M__. 9.... iL....... T ..._..ate
7
i
's
•
enforcement, it has no clout. They have nothing,
stake fines, and they talk big, and nothing happens.
They sit back, and they
Mr. Rodriguez: Well if you let us foreclose, they will have some teeth.
Vice Mayor Plummart Well what in the hell are you waiting for?
Mr. Rodriguez: Well.
Mayor Suarez: Where is this in code enforcement?
Vice Mayor Plummer: I mean.., no, no, no. The problem Mr. Mayor I've got is,
they give time for compliance. How much time? - in one particular case, nine
months. That's ridiculous. There has got to be a maximum time of compliance,
and you don't have it. Now, can we set those kind of ground rules?
Mr. Fernandez: Yes.
i
Vice Mayor Plummer: Then I will make a motion before this Commission, that
3
any violation found before Code Board, be given a maximum of thirty days to
comply.
Mr. Fernandez: No, well, the State Statute provides that after three... we
have to do things legally. After three months from filing of any such lien.
That is after the Code Enforcement Board has found the person in violation.
Vice Mayor Plummer: OK. Ninety days.
Mr. Fernandez: And the same remains unpaid, and they have not come into
compliance, then the Enforcement Board may authorize the local governing body
,
attorney to foreclose on the lien.
Vice Mayor Plummer: That's only... no, no, excuse me. Mr. Mayor, if I may.
Absolutely, that's the procedure.
Mr. Fernandez: That's it.
Vice Mayor Plummer: That when they have been found guilty, they be given a
ijN
maximum of ninety days to pay up and come into compliance...
Mr. Fernandez: To come into compliance, or foreclose.
Vice Mayor Plummer: ... or you automatically start proceedings.
Mr. Fernandez: Correct.
Vice Mayor Plummer: OK? Enoughl
x
Mayor Suarez: And b the way, when Y y y, you consider, I mean, in addition to
foreclosure, there may be a situation, I think, unless you told us otherwise,
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as Commissioner Dawkins was saying too, where you might want to revoke the CO,
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and get an injunction against the continued use of the property.
Mr. Rodriguez: In many cases, we don't have a CO, because it's a violation.
The people didn't pull a permit, so you cannot revoke what they don't have.:
Commissioner Dawkins: The have
y to pull a permit to get in the houseat
first.
Vice Mayor Plummer; No, you can't revoke the CO. -That's prior to occupancy.
Mayor Suarez: Is there... Are you saying, by answering that question, knowing
,
where I am headed with this, that there is nothing more direct and immediate'
that can be done? - such as closing the place down?
,
Mr. Rodriguers No. What I am saying is, that you go through the process, you
o to the Code Enforcement Board, , and you allow the people to correct the
problem and then at that point...
Mayor Suarez: We are not at the point of foreclosure, Are you saying :.that in
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addition to beginning foreclosure, you cannot ,dose the place g you
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inclined to do that?s
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437 FOM, ry 264
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Mr. Rodriguez: I don't know.
Mr. Fernandez: I will need to look into that, but I would be...
Mayor Suarez: Please do, as you consider the other thing that Vice Mayor '.
Plummer suggested.
Mr. Rodriguez: I don't think so.
Vice Mayor Plummer: All right. Mr. Mayor, I'll make a motion at this time... s_
Mayor Suarez: You're just adding teeth to the enforcement process folks.
Vice Mayor Plummer: I'll make a motion at this time, that in all cases
henceforward, that any applicant found guilty before Code Enforcement Board,
be given a maximum of ninety days to come into compliance and pay any fines
therein levied, and that if not, on the ninety-first day, automatically,
foreclosure proceedings proceed.
i
Mayor Suarez: All right, so moved.
Vice Mayor Plummer: I move that sir. I would like it to be thirty days, but.
Mayor Suarez: So moved. Presumably in compliance with State law, which it
sounds like it is. Do we have a second?
A
Commissioner De Yurre: Second.
Mr. Fernandez: You must also be aware just for the record, that homestead
exception... that homestead cannot be foreclosed on. That's a statutory
exception. And that also from a business perspective, you must...
Mayor Suarez: Let them raise a defence of homestead exemption. We've gone,
through this before in other matters Mr. City Attorney.
Mr. Fernandez: No. It...
Mayor Suarez: They don't raise it, they can lose their home, and at least we
have proceedings beginning against them.:
Vice Mayor Plummer: Is there a second to my motion?!
Commissioner De Yurre: Seconds
Commissioner Dawkins: Yes, he second it.'�-
i
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Vice.Mayor Plummer: Oh, OK.
{h;
Mayor Suarez: OK. Any further discussion? If not, please call. the roll.
The following motion was introduced by Vice Mayor Plummer, who moved its
adoptions
MOTION NO. 91-174
A :MOTION DIRECTING THE CITY ATTORNEY TO BEGIN_
FORECLOSURE PROCEEDINGS AGAINST PROPERTY OWNERS WHO
HAVE BEEN FOUND GUILTY OF CODE VIOLATION(0 BEFORE THE_
3
„_.
CODE ENFORCEMENT BOARD, AND HAVE NOT COMPLIED WITH
SAID BOARD'S RULING WITHIN 90 DAYS.
AYES Commissioner Victor De Yurre
Commissioner Miller J: Dawkins
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Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
10ES1 Commissioner Miriam Alonso
t:
ABSENT: None.
..
COMMENTS MADE DURING ROLL CALLS
=
Commissioner De Yurre: But one clarification, that it's not maximum ninety
days, it has got to be ninety days.
_
Mayor Suarez: Minimum, minimum.
Vice Mayor Plummer: That's what I said, on the ninety-first, you start.
Commissioner Alonsot That's the problem, we will not be able to live with it.
Mr. Fernandez: The statute is very clear on what Vice Mayor Plummer wants to
do, is for us to follow the statute.
Mayor Suarez: I would like to hear from Commissioner Alonso what cases she
thinks... it could create problems in some cases.
Commissioner Alonso: Well what I am saying is, we live in a very poor City.
We are going to have cases that we will make exceptions. We will not be able
to live with the rules. Why have it?
Commissioner De Yurre: Well, my feeling is...
}
Commissioner Alonso: What we are doing is, we are weakening what we have
already, in place. So I fear... that's why I said no. If you feel that you
can that you can stand that, it's fine.
Commissioner De Yurre: I think that, Miriam...
t-
Mayor Suarez: No, I wanted to hear your views because you are knowledgeable
in that area.
Commissioner. De Yurre: The motion, Mr. Mayor... I think the motion is good
because we can always you know, during foreclosure proceedings, that is
something that you still have a window there...
Mayor Suarez: Sure.—
Commissioner De Yurre: ... of time, and the City Attorney's office has
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latitude based on the circumstances to...
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Mr. Fernandez: That's correct.
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Commissioner De .Yurre:... be conscientious of the situation.
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Mayor Suarez: OK. As we vote on this throughout, Mr. City Attorney, would
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you also get input prior to the... well...
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Commissioner De Yurre: I vote, yes.
Mayor Suarez: ... y the implementation of it, or as soon as it.,. we are
expecting implementationr.
p g of it from the Code Enforcement Board. Would you
�
have them give input to us?
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Mr. Fernandez: Sure..
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Mr Fernandez: Yes.
Mr. Ricardo Ruiz: Mr. Mayer,
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Mayor Suarers The chairman of the Code Into rcerment Board, get hack to us oe
tha implications of this to respond to the concerns of Commissioner 4404$94
4 ��
x:imposition
*Ad All iof : us really$ that this may be impractical, or just too mach : of
in
some case.
139{
s-_
Ms. Matti► Hirai: Completing the roll call, Mr. Mayor.
Mayor Suarez: "Yes, 'What could you possibly want more than what we have done,
-
anybody?
COMMENTS MADE AFTER ROLL CALLS
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Mr. Ruiz: There is one thing I would like to point out in what you were
just...
_
Mayor Suarers Give us the name first.
R
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Mr. Ruiz: My name is Ricardo Ruiz, I live at 3150 SW 15th Street.
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Mayor Suarez: In what capacity do you want to address this issue?
Mr. Ruiz: In regards to the procedure. And you are saying, what could be an
-
obstacle? Commissioner Alonso stated clearly. In the Little Havana area, if
you have to go before the Latin Quarter review, you... ninety days, you need
more than ninety days for the entire procedure.
a
Mayor Suarez: Oh, I didn't think that it would apply to that at all, to the
Latin Quarter Review Board.
Mr. Ruiz: Yes, Mayor.
Vice Mayor Plummer: What's that?
Commissioner De Yurre: You're talking about code enforcement?
Mr. Ruiz: Yes. If it has... if an item that you have on a code enforcement
0
issue, has to go before the Latin Quarter Review, besides your permanent
procedure, and any other procedure that you might need. You're going to need
more than ninety days.
Mayor Suarez: Yes. I would hope the Latin Quarter Review.Board would not be
one you know, the kinds of situations that would come up under this motion.
Mr. Ruiz: I have an item...
°
like...
Vice Mayor Plummer: It seem
Commissioner Alonso: Lands approval?
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Mayor Suarez: I think he is thinking about code violations, not...
Vice Mayor Plummer: We are talking about code violations which I think
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that...
Mr. Ruiz: Yea sir. I have an item separate to this which is a code
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violation, and we needed that amount of time just to get through the process.
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Commissioner Alonso: Yes.>
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Mayor Suarez: That may be the exception then.
Mr. Ruiz: Yes, sir. And it's in the Latin Quarter area.
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Mayor Suarez: Those things are kind of... wait, wait.'
Mr. Ruiz: Yes, sir.
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Mayor Suarez: Those things are almost.esthethic type codes, that Latin
Quarter Review Board criteria. We sure don't want that kind of,stufi' maybe
`
that's what you were thinking about —•Coming to us because somebody is-havng;
their property foreclosed :because they don't comply with some sort of*;»:
somebody's idea of what a Latin Quarter should look like. So maybe we ought
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,
to build an exception.,, you want to build an exception to your
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Vice Mayor Plummert That's fine, Mr. Mayor,
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Mayor Suarez: OK.
4'
140 f'a+s► .�,
,.
Vice Mayor Plummer: All I am saying is, I'm trying to give the Code
Enforcement some clout which I don't feel they have today.
Mayor Suarez: We are thinking of non -discretionary code violations of the
sort that typically are handled by the Code Enforcement Board. OX0
understood. Now, what could you possibly want from us, given that we can't do
anything about him, because it's all before the Code Enforcement Board, and
v
given that we have just passed a motion of principle that puts even more teeth
into our implementation processes for code violation.
Vice Mayor Plummer: He wants the right to speak.
Mr. Keith Hardins OK, item 1. Mr. Curbelo does not reside at 1500 SW 13th
Street, so he doesn't have...
Mayor Suarez: All right.
Mr. Hardin: The benefit of the twenty-five thousand dollars ($25,000).
Mayor Suarez: Oh, so now you're going to get into expert...
Mr. Hardin: No, no, no. Somebody brought it up.
Mayor Suarez: ... testimony on homestead exemption. You are confusing the
_
homestead exemption with the $25,000.
Mr. Hardin: No, one person brought that up.
-
Mayor Suarez:...exemption that applies from taxes...
Mr. Hardin: All right.
Mayor Suarez: ... to home owners who reside there which has nothing to do
with it, although it has the same name. Madam City Clerk, more importantly,
has he been sworn`in? Or does he have to be sworn in, in this matter.
Ms. Hirai: Would you raise your right hand, please?
—
Mr. Hardin: I beg you pardon?
Ms. Hirai: Would you raise your right hand?
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Mayor Suarez: Wait a minute, or does he have to be sworn in, in this matter?
Mr. Fernandez:No, this is not part...
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Mayor Suarez: Thank you.
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Vice Mayor Plummer: Here comes the computer."
';.
Mayor Suarez: I- just realized it's a morning item. Madam City Clerk, -Mr.
City Attorney, Mr. Assistant City Manager, you all awake, right? You're all
awake? You're helping here?
Mr. Rodriguez: I'm trying.
Mayor Suarez: To remind me if people have to be sworn in, or if they"don't
£`
have to be sworn in.
Mr. Rodriguez: Sure. Give us a chance we'll do it.
'3
Mayor Suarez; Thank you. As we move along with these items, I want to make
sure Madam City Clerk, that everybody who is on a Planning and Zoning Item,
before they give us testimony, are sworn in, please. Thank you. Now, what
F`
else could you possibly tell us that we could possibly want to know about this
matter?
'
Mr, Hardin: May I ask...
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Mayor Suarez: Other than your views of whether they can use the hoMeSt4 d
_
eze:nption as a defence in a foreclosure
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Mr. Hardin: the amount of the fine that he has not complied with?
Vice Mayor Plummer: What is the amount of the fine as of today?
Mr. Rodriguez: forty thousand, or no.
Vice Mayor Plummer: Forty thousand.
Mr. Hardin: This morning, there was a gentleman here looking for money to buy
trucks to distribute food. He asked I believe, for forty thousand dollars
($40,000), You've got it. All you have to do is enforce the law.
Vice Mayor Plummer: Try and collect, Keith.
Mr. Hardin: Sell the house. Foreclose on a house, and sell it?
Mayor Suarez: That's what we just told our Code Enforcement Board in so many
words, that we intend to proceed to foreclosures right after the minimum
amount prescribed by State law - if I understand correctly what we did.
Vice Mayor Plummer: May I ask a question?
Mayor Suarez: In this and other cases.
Vice Mayor Plummer: How many days ago was this particular issue found guilty?
Mr. Hardin: August 24th 1988.
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Mr. Rodriguez: In 1988..�
Vice Mayor Plummer: Wait a minute. What?
Mr. Rodriguez: Eighty-eight.
Vice Mayor Plummer: August of '88?
Mr. Hardin: August the 24th, 1988.
Mr. Rodriguez: Yes, sir.
Vice Mayor Plummer: Two and -a -half years ago.—
Mr.;Rodriguez:: Yes, sir.
Commissioner De Yurre: You weren't fifty years old yet.
Vice Mayor Plummer: And you're telling me, Code Enforcement has got clout?
Mr. Rodriguez: I want to remind you that this came before you before, again.
Vice Mayor Plummer: What do you mean, before? ,...
.�
Mr.. Rodriguez; Yes, Mr., Curbelo came over here in 1988 I believe,; and asked
again, the same thing he is asking now, which is for you to be lenient.
Vice Mayor Plummer: But wait a; minute. Tell me, for what ever.reaaon,,Coda
if
f
Enforcement has allowed this to continue for two and -a -half years? I want to
}'
hear it. This has of to be the biggest joke of the
g gg j year, Tell me .what is
allowed.,. Two and -a -half years... wait a minute, two and -a -half ,years,, it has
'
only accumulated forty thousand dollars ($40,000) fine?
-
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Mr. Rodriguez: It was fifty dollars for a day.
Vice Mayor Plummer; How much?
3 ti.
Mr. Rodriguez: Fifty.
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Vice Mayor Plummer; I thought it was two fifty.
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Vice Mayor Plummers Why fifty?
Mr. rernandez: Code Enforcement Board has flexibility to go up to two fifty.
Mayor Suarez: It could be up to two fifty.
Vice Mayor Plummer: To hell you say. That's another one of their problems&
Mr. Rodriguez: No, no, no. Please.
Mayor Suarez: Well no, you've got to give some flexibility there.
are not the kind of things you...
Mr. Rodriguez= Let's be reasonable.
Vice Mayor Plummer: Two and -a -half years later?
Commissioner Alonso: Forty thousand dollars ($40,000).
Mayor Suarez: No, no, but that's the time. In this case it's plenty of
money. Don't worry about the money in this case, it's forty thousand dollars
($40,000).
Vice Mayor Plummer: No, no, no. I still would like to hear what is their
excuse of why they haven't done anything in two and -a -half years.
Mr. Rodriguez: After the Code Enforcement Board found the person guilty,
there were several efforts by the person, Mr. Curbelo, to try to find a
solution. And one of them was to come to the Commission. You asked at that
point, to review the case, not you specifically, the Commission. The law
department tried to spend some time trying to arrive at a solution to see if
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the person will settle, by getting into compliance. Mr. Curbelo refused to
settle.
Vice Mayor Plummer: And when was that?
Mr. Rodriguez: Back and forth, sir.
Vice ;Mayor Plummer: How long ago?
Mr. Rodriguez: As far back as maybe, last... week again we tried to talk to
him... last=month again,: I think now,.with the new changes that you have in
the ordinance, that will really give teeth to the whole thing. We didn't have
it until now.
f—
Mayor Suarez: OK. Thank you. Let's find out what else anybody might want us"
to do in this matter. It doesn't even seem that there is anything for us to
3
do. -
Mr. Moises Kaba: Mr. Mayor.
Mayor Suarez* First of all. Wait, sir, wait, wait. Nobody gave -you -the
;
Mike. ; I want to know who he .is, among other things,. because. Commissioner
Alonso was :.just asking me,. and I had a curiosity about it. Who are.you,;.and
what.is-your involvement in this matter?
Mr. Kaba:-. Mr. Mayor, my name is Moises Kaba, and I represent'Mr, Curbelo in
this matter.
Mayor Suarez: OK. Now. You've filed your lobbying requirements and .all
that? You've fulfilled that?
Mr. Kaba: No, sir. I have not fulfilled it, because I just came here.
'
Mayor Suarez: All right, Would somebody please explain to... are you being
paid for your representation here?
Mr, Kaba: Not yet, sir. This is more of...�`
Mayor Suarez; You have to fill out a form. I am not sure that ther+�s
anything that you can tell us today, that is of any import vie .a Via, h�►,
because it is not particularly before us, as a Commission, It in befor the
143
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a
Cede Enforcement Board. They would choose I think, the remedy they are going
to pursue. We have certainly told them how we feel about these kinds of
cases. So I don't know what else there is for us to do today. But in the
meantime, you could fill out your form, at least you have a legal right to be
heard here today.
Commissioner Alonsot That's right, let him talk. He will not be able to earn
his money
Mayor Suarez: Flight. What else can we possibly hear from anybody on this
matter?
Mr. Hardin: My neighbors have elected me, unofficial spokesman.
Mayor Suarez: You are the unofficial spokesman...
Mr. Hardin: For the neighborhood that I live in.
-
Mayor Suarez: ... for the neighborhood.
Mr. Hardin: All single family residence, except one.
Mayor Suarez: So you're going to be...
Mr. Hardin: I have to go back and tell them tonight what the City Commission
has told me. I really don't under...
Mayor Suarez: The City Commission has told you that the matter is not before
us, it is before one of our boards. And that we have told that board that.in
general, and of course that means specifically too as to this case, when a
period of.time elapses of ninety days from the imposition of a fine, we want
foreclosure proceedings to begin right away. We also want the board to...
-
wait a minute. Whoever wants to talk in the back, officers, suggest to them
that the only place that they can do it is outside the chambers here. We are
not going to go through today what we went through last Commission session.
Can't even hear ourselves speak or think in here. The matter is presumably
-
proceeding through Code Enforcement Board, is it not?
Mr. Fernandez: Mr. Mayor, no. The Code Enforcement Board is through. Code
i
Enforcement Board has done everything.
Mayor Suarez: Is it now then before you, or the department for..,
'
Mr. Fernandez:: Yes. Right now it is in my department to file a foreclosure
,
lawsuit.
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Mayor Suarez: All right. The City Attorney is going to handle it
`'.
vigorously...
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Vice Mayor Plummer: Two ,and -a -half years ago.
;1
LR.
Mayor Suarez; ... and presumably, all of the homestead, .if exemption issue
that you broached here a couple of minutes ago has no bearing, because it
doesn't sound like this would be subject to that exemption, but we will see.
He is going to try to foreclose.
Mr. Hardin: Can I tell my people that the City Attorney's office is now in
the process of foreclosing on that house.'
Mr. Fernandez; No.
.;
Mayor Suarez; They are going to look at the possibility of doing that.
Mr. Fernandez: Correct.
Mayor Suarez; That's certainly the remedy that we envision as being the
"<
.
lo¢ical one now.
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Mt. Hardin: they told me the same thing.
Mayor Suarers OK. Now the Commissioner wants to know why that might not be
possible.
Vice Mayor Plummer: Two and -a -half years you have done nothing. That's MU'Y'
RAPIb0, Now why are you telling this man now, that you are not going to start
foreclosure? I want to hear your reasons why you are not going to.
Mr. Fernandez: In fact, the law suit is already prepared. But what I am
telling you...
Vice Mayor Plummer: No, tell me why you are not going to pursue.
Mr. Fernandez: Well, I'll tell you. I could give you two or three reasons
why I...
Vice Mayor Plummer: I want one.
Mr. Fernandez: Well one, OK. Number one, that the way I understand that the
City and the administration's policy, reference to Code Enforcement Board, is
that the number one priority, is to bring the property into compliance. And
so, Commissioner Plummer, may I finish? And notwithstanding the fact that two
and -a -half years have passed, if we succeed, if the administration jointly
with myself, we succeed in making Mr. Curbelo comply and bring that property
into correct usage, then in my opinion, I would come to you and I would
justify to you, that it would not be worth the City's times and effort to
follow an expensive foreclosure proceeding, given all the equities of the
t
case. The City has accomplished its goal, which is to have this property come
into compliance. However, I can tell you that if Mr. Curbelo refuses to bring
{-
this property into compliance, in a very reasonable period of time, given the
time that two and -a -half years have now elapsed, I would be the first one that
would make sure it's expedited through the courts. But I want the flexibility
to still try to convince Mr. Curbelo that it's in his own best interest, as
well as... and that the City is really not out after additional property, or
additional money, but compliance.
Vice Mayor Plummer: Keith, we will see you back in two and -a -half years.
Mr. John McBride: One last comment for the record.
Mayor Suarez: Your name and address and who you represent.
S
Mr. McBride: My name is John...;
Mayor Suarez: This entire world is interested in this case it looks like.
Mr. McBride: My name is John McBride. I reside at 200 SW 25th Road, and I am
w
the newestmemberof the Code Enforcement Board. And as a native resident;of
this City, and a concerned citizen, as well as a member of that board, I would
Y_
like to think that I am not a member of an impotent board, and I would urge.
you to vote in favor of the policy established by Commissioner Plummer.:
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Mayor Suarez: We did already, I think.
VD
Mr. McBride: OK.
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Mayor Suarez: John, relay back to the Code Enforcement Board, as I ; am outrg
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the staff is going to do.
Commissioner Alonsos When we finish with this, fi would like to :ask this
y
gentleman a question myself, Mr. McBride,
k
Mayor Suarez: Yes, wait, wait a minute, Commissioner.
Mr. Wilfredo Curbelos Mr. Mayor.
Mayor Suarers Wait, sir,
Sir,
wait please, This is
already gutting out of`
hand here. Make sure that
the
Code Enforcement Board,
and I am our ghat the
�
staff is going to gat to
you,
also is made aware of
the ,concerns .gfr,thds�
Commissioners, that we put
more.teeth
into -the processes, and you get baok`to
us maybe through the chairperson, or yourself, whoever
is delegated to do
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145
Y-6 bM. e ry 28
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fry.?
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and give us your feed -back so that we can proceed a little bit more
expeditiously. Obviously, the Commission thinks that in this case, we've been
-
too lenient. Counselor, do you represent this gentleman?
Mr. Kaba: Yes, I do, sir.
Mayor Suarez: If you do, and if you filled out your forum, I strongly suggest
that you act on his behalf, rather than let him speak, because I...
Mr. Kaba: I am trying to, sir.
Mayor Suarez: .+. see him somewhat agitated and maybe you can do better.
Mr. Curbelo: He is my lawyer.
Mayor Suarez: He is your lawyer, good. That's all we need. Every once in a
while, lawyers are actually useful for something, this is one of those cases I
think.
Mr. Kaba: We hope.
Mayor Suarez: What could you possibly want to hear from us? - because we are
not on this matter now. We are simply looking at our procedures generally as
they apply to this case, but we have no...
Mr. Kaba: Well, I'll like to revisit the procedures of...
Mayor Suarez: particular jurisdiction here at this point, I don't think._
Mr. Kaba: Well, the reason why I am here is to revisit the procedures that
have been applied to this particular case. As Commissioner Plummer has noted,
this is a matter that has been pending since 188. There has been a lot of...
Mayor. Suarez: Well that certainly has favored your client, -I mean, how
could...?_.
Mr. Kaba: Well it really hasn't favored my client...
.i
Mayor Suarez: No?
Mr. Kaba: . because as Mr. Odio has noted, there is a fee that has accrued
on this property of forty thousand dollars ($40,000) on the lien. Even if my
client were to at this point in time, want to comply with the. request of the
Zoning Board, it would be impossible for him to make payment of that lien.
Mayor Suarez: Mr. City Attorney, is this the right forum for him to make that
argument?
Mr. Fernandez: No, it isn't. In fact I believe that members of my 'staff have
met with him, and that we have indicated to him,- that the single most
important issue for the City, is compliance. That as to the fine, the City
can be reasonable in resolving the issue of the fine, but compliance...
Mayor Suarez: More importantly, that's not before us today. -
Mr, Fernandez; And that's not even in front of you.
�s
Mayor Suarez: OK, counselor. We gather that you feel that your client has
4
not been treated well ,all along, and that you could certainly make. :that
argument to the administration first, maybe in court, if we foreclose, and
maybe to the Code Enforcement Board, I don't know. They have lost total.,.,
f
Mr, Fernandez: No. They are through with the Code Enforcement Board.
r
Mayor Suarez: Basically, the administration and/or in court with the City
Attorne s office. That's y' basically y where your forum is, not here. _
�
Mr. Kaba: Well the point that I'd dike to snake is, Mr, . •,CurbaIQ a
administrative procedures that hehas undergone. The first hearing thati4#s
had in front of the Commission and the board,.. at that tjAe, .hia .attorney .eaa
not adequately prepared. He requested for a continuance,.,
e
Mayor Suarezt That was not yourself?
Mr. Kabat That was not me. It was another attorney.
Mayor Suarezt bbvioutly.
Mr. Kabat He requested for a continuance, it was not granted. They were not
allowed to introduce any evidence or any testimony to benefit this case.
Mayor Suarezt At what hearing was that, I'm sorry?
-
Mr. Kabat This was a hearing that was held, I believe...
Mayor Suarez: What... of what body?
Mr. Fernandez: In front of the Code Enforcement Board in June 8th 1988. At
that time, Curbelo's attorney came in front of the board and said, "I am not
ready, I am not prepared, give me a continuance." The Board at that time,
said, "Fine, Mr. Curbelo, you have a continuance." At the second meeting
—
again, another attorney, a different attorney, showed up in front of the Code
Enforcement Board and said, "I'm sorry, I am not ready either to proceed." At
which time, the Code Enforcement Board exercised proper jurisdiction, and
determined, "Sorry, you've been given a chance, we will proceed." And then at
that point in time, everybody had an opportunity to present their case. Mr.
Curbelo's attorney presented whatever case he was ready at that point in time
to present, and the Code Enforcement Board entered violations.
Mayor Suarez: OK. We are not hear on an appeal from any of those
determinations...
Vice Mayor Plummer: We can't do anything.
Mayor Suarez: ... so there is really nothing for us to do. You might
individually want to apprise the Commissioners of how you think your client
has been mistreated, but it sounds like you probably going to have to do that
in court pretty soon.
Mr. Kaba: I just don't feel that... you know I agree with Commissioner
Alonso's...
Mayor Suarez: Assessment.
.�
Mr. Kaba. ... comment, that certain exceptions have to be made, I think this
is...
Mayor Suarez: She didn't necessarily imply that this was one of them, I want
you to know.
Mr. Kaba:- Well, I understand. But I certainly feel that this would be one of
them. We are dealing with an individual that's eighty years`, old. This
y:
property is from 1925...
A
Mayor Suarez: But it's really not before us. I mean, I don't want to
interrupt you but we've got other planning and zoning matters, and this is
really not before us. And we have heard generally how you feel. It sounds:
like the place for you is going to be in court. God help the judge. All
right. Item PZ... yes, Commissioner Alonso.
Commissioner Alonso: Let me ask my question to Mr. McBride, and I am sorry to
bring this to the forum but since it relates to this case, I am curious to
;
know.At the meeting of the Shenandoah Neighborhood Association, you stood'.
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and represented yourself as a member of the organization, the Reads
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Organization. And you used my name in reference to Mr. Curbelo's case. l.'d
like to know, why you did that, and why...?
x
t ,
Mr. McBride: I was responding' to a question. Somebody mentioned. t#a~a
Commissioner felt that... express concerns that the City's liabilities would
be too great to foreclose or proceed on foreclosure in a lot of instanGesr
�� •
-ad
I had mentioned that you at the previous Commission meeting, where -this was
broughtupas a quasi pocket item, had mentioned that there are occ4slons...
i
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147 Feb rl► �
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v ry
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Commissioner Alonso: Excuse me, I was not present at the City Commission
that the people here decided to bring this item, so you could not have heard
me express one way, or another. Because I was not here, and as far as I am
concerned, no one brought a pocket item other than the gentleman that came
here, and mentioned the possibility of a Commissioner having a pocket item.
So why did you represent me?
Mr. McBride: You have expressed in the past, that you feeling was that there
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were occasions where the liability to the City would be too great to proceed
with foreclosure.
Commissioner Alonso: I am sorry to say, but this is the first time that I
addressed this point, and it was not necessarily what you say.
Mr. McBride: Well, then I am mistaken.
Commissioner Alonso: But I will ap reciate that in the future you don't use
P ,
my name in this or any other case, because you have no reason to use it. You
had no information as what was my position of how I was going to go. If you
want to find out in this or any other case, you call me, and I will be happy
to tell you.
Mr. McBride: Well then I was mistaken, and...
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Commissioner Alonso: Yes, you certainly were.
Mr. McBride: ... I on the record, would apologize, but...
Mayor Suarez: You owe her lunch. Work it out. All right?
' .L.
Commissioner Alonso: Thank you.
Vice Mayor Plummer: In nomine patrie, filie, spiritu santo...
,1
-- ----------------------
35. DISCUSS AND TEMPORARILY TABLE PROPOSED FIRST READING ORDINANCE AMENDING
11000 ATLAS BY CHANGING DESIGNATION AT 2811 S.W. 22 AVENUE FROM PR PARKS'
AND RECREATION TO R-1 SINGLE FAMILY RESIDENTIAL AND SD-18 MINIMUM LOT
SIZE (OVERLAY) DISTRICT (Applicant: Planning, Building & Zoning Dept.)
(See label 37).
- ---- - - -----------------------------------------------------------'
Mayor Suarez: PZ-14 I believe, is the next item.
asr
Mr. Joe McManus: Mr. Mayor and members of the Commission, PZ-14 refers to one
lot of three lots. Two lots comprise Marjorie Stoneman Douglas Park. The
:..
Planning Department inadvertently rezoned the northern most lot as a part of
Marjorie Stoneman Douglas Park on SW 22nd Avenue. We are trying to correct
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that. .
Mayor Suarez: I'll entertain a motion to...
Vice Mayor Plummer: Move it.
Commissioner Alonso: Second.
r.
Mayor Suarez: Any discussion on this item?
.t
Vice Mayor Plummer: Yes, I've got some discussion. I want to know why tl�e
City is not doing what they have promised to do of the people that are helping
out to work there, and why are we goofing off? The people came to see me and
said, the City is not proceeding, post haste, as they agreed to do. Why?{!i_
Mr. McManus: I understood that there is a group that had been working on the
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park there,
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Vice Mayor Plummer: That's right. They also had promises from the City that
the City was going to do certain things, and they haven't done it,
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Mr' McManus; I am not aware of that.
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148
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Vice Mayor Plummer: Would you put on the record what the City is not doing
that they were supposed to doh Who came to my house and complained?
Commissioner Alonso: Not them.
Vice Mayor Piummert OK. Let's do what we need to do. You've got a motion
And a second. Read the ordinance.
Mayor Suarez: Wait, wait, wait. We have objection.
Vice Mayor Plummer: I'm sorry. Are you opposed?
Me, Sally Richardson: Yes.
Vice Mayor Plummer: Ohl I'm sorry.
Mayor Suarez: All right, swear in the witness, and anyone else. The folks
behind you...? - OK, if you're going to testify.
Vice Mayor Plummer: I thought you all were in favor.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Ms. Richardson: My name is Sally Richardson, I live at 3124 Emathla. I am
not opposed in principle to the removal of the park zoning, because it was
;
apparently done in error. I would ask that before any rezoning be done of
this property, that you require the current property owners to come into
compliance with the tree ordinance. Last December, they completely bulldozed
the property, tore down a bunch of trees, and that in Marjorie Stoneman
—
Douglas Park, the work that is being done in both of those, which are
contiguous properties, is turning this into a concrete jungle. I mean, you
know, its...
Mayor Suarez: Can we impose such a restr...
Vice Mayor Plummer: What is... on the north side, that lot on the north side,;
is that in private ownership? - that's been bulldozed.'
Ms. Richardson: The lot... yes. The lot that's under consideration here is
the private ownership, and it should be rezoned from park. I would request
that it not be rezoned until they either comply... until they replant the
trees, or could find a ...
Vice Mayor Plummer: Wait a minute. If it's in private ownership, how can we
A;
zone it park?;.
Ms. Richardson: It was a mistake.
Mayor Suarez: It's a mistake.;
Mr. McManus: We had made an error Commissioner, and .we -are trying to rectify
out error.`
Vice Mayor Plummer: So what are you saying? You are saying that you are
going to revert it back to something other than park?
Mr. McManus: To single family.
Mayor Suarez: And she is saying, as a hammer, to force them to comply with
tree ordinances that they presumably, she is alleging they violated, that we
can somehow hold back on this I gathered from.,,
T.
Mr. Fernandez: That would be...
Mayor Suarez: The negative shaking head' of the head I gee back thorn, we_
can't do that.
Mr. Fernandez: Right, That 'would be wholly inappropriate. It Me
considered a partial or temporary taking for which we hava abaQiuteiy no
reason or interest in doing.
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149 Febr a
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Mayor SuareZt All right.
Mr. Fa rnandez: Ms. Richardson may have other avenues available to her as a
concerned citizens...
1 Mayor Suarez: Such as? - because it isn't just Ms. Richardson. It's all of
us that would like to make sure that people comply with tree ordinances. Such
=t: as what?
=t
l Mr. Rodriguez: What we can do is. I can send an inspector if there is any way
that we can prove that there were some trees removed...
Ms. Richardson: I could testify.
Mr. Rodriguez: ... and then a case might be made before the Code Enforcement
Board.
Mayor Suarez: How about pictures? - anybody have pictures?
Ms. Richardson: I watched them, and I believe somebody was at the prior
meeting that did have pictures.
Mr. Rodriguez: Well, we will look into that. That's the only thing I can
tell you.
Ms. Richardson: But I watched them.
Vice Mayor Plummer: Who is the property owner? Are they here today? Are you
the property owner, sir?
Mayor Suarez: I guess the property owner doesn't really have to do much for
us to straighten out a mistake that we made in the first place. But sir, you
are in jeopardy here, I don't know if you want to get up and get sworn in. If
the 'Commissioner is going to ask you questions, we're going to need to do
f..
that. J.L. do you want to do that at this point, or you want send this back
to the administration to review possible violations, and see what they suggest
to us? - rather than get into this here.
t<;
Vice Mayor Plummer: I guess that's the proper way to do it.
Ms. Richardson: I would also request that the rezoning... I've looked at the i
proposed ordinance that has a lot of recitations that are not true, on this
property. The surrounding area is zoned for a hundred foot frontage, I'm not
sure of the zoning classification, I would ask the rezoning be in compliance
with the surrounding neighborhood. Or that the language in the ordinance be
changed so that it's true.
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Mayor Suarez: Why wouldn't it be?
Vice Mayor Plummer: Because all you have to do is meet the minimum.
Mayor Suarez: If we were rezoning back, what would we be rezoning back to
prior to the mistake being made?
Vice Mayor Plummer: R-1.
Mr. McManus: It would be back to.R-1, and then there is a further overlay
district that requires minimum lot size.
Vice Mayor Plummer: Oh, what is that?
Mr. McManus: Ten thousand square foot minimum lot size.
Mayor Suarez: You know, whatever discussions are taking place... axcusa.me,
.Joe, have to take place outside of what is now defined as the chambers, which
r.
includes that little corner back there, until we get it sealed off, somehow,
Vice Mayor Plummers Joe, how were the people that own this property present,
able to pull a permit with it zoned as parks?
150aba.
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Mr. Fernandez: Because we were consulted on that item Commissioner Plummer,
and realizing, recognizing that it was an inadvertent mistake, we advised that
it would be legally proper, so that there would not be an issue of delay of a
taking assessed against the City, for we would be in a... really
realistically, indefensible position, that it would be proper for the
department to go ahead and issue whatever permits are properly applied for
under the actual zoning... rather under the real zoning, whether it...
intended zoning, and not the mistaken zoning that it presently has.
Vice Mayor Plummer: How long ago was this discovered?
Mr. Fernandez: A few weeks, maybe...
Mr. McManust I think my recollection is probably about October.
Ms. Richardson: It's October.
Vice Mayor Plummer: How long ago, sir?
Mr. McManus: Probably about October, and it's taken this long to move.
Vice Mayor Plummer: October?
Ms. Richardson: And the permit was issued in December.
Mr. Rodriguez: But again, on the...
Vice Mayor Plummer: And was there a determination made of a violation of tree
removal?
Mr. Rodriguez: No.
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Vice Mayor Plummer: There was none?
Mr. Rodriguez: At that time, no. So what I'm suggesting is, if we can have
people that will be willing to serve as witness, and based on their testimony,
we could take it to the Code Enforcement Board.
Vice Mayor Plummer: Don't
Y you have aerial photos?
Mr. Rodriguez: We have it, but it's, you know... have you seen an aerial photo
and tried to establish the size of a tree over there? It is hard. But I think
;1
that we can try to see what...
Ms. Richardson: It's very clear.
'+
Mr. Rodriguez: ... is it that is possible to be done. Between that and the
testimony that they might be willing to provide to us, we might be able to
build a case before the Code Enforcement Board.
Mr. Fernandez: Which would be the proper way of doing.
Mr. Rodriguez: Or handling it anyhow.
F
Ms. Richardson: I have been unable to get the Code Enforcement Board to do
anything about it.
Vice Mayor Plummer: They don't do a damn thing. Don't worry about it.
Ms. Richardson: It's the only reason I am here before you, believe you.
"
Vice Mayor Plummer: Hey, two and -a -half years, they will talk to you, don't
7.
worry about it. The Code Enforcement doesn't do *anything. Two and -a -half
years, the trees will be grown back up. Mr. Mayor, the only thing I can ask
is, on the record, that we swear in the owner of the property, and I would
of
like to ask a question.
7
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Mayor Suarez: All right,
'.
Commissioner Alonso: Yes. But may I add something?
Mayor Suarezt Commissioner Alonso.
t FebruaryyAAy
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s
1 ft.
Commissioner Alonso: What we have in front of us, has to be done. It was a
mistake of the City of Miami. It has nothing to do with the trees. The trees
is something that we will have to address sooner or later, I hope sooner, but
it has nothing to do. We .have to proceed with what we have in front of us,
because it is a mistake that the City of Miami made. So...
Ms. Richardson: Commissioner Alonso, if 1 could just for a second. One of
the objections to this I think, is that the proposed ordinance recites all
this stuff about this being in the best public interest of the neighborhood,
and it's in conformance with the surrounding areas, and that's just not true.
If it was a mistake and there is nothing else you can do, then put that in the
ordinance. It's not appropriate I don't think, to have all these recitations
of determinations of public interest in an ordinance that is simply to avoid a
taking case.
Commissioner Alonso: No. But the fact of the matter is, that this lot cannot
be a park.
Ms. Richardson: That's correct. But it could be zoned for a larger...
Commissioner Alonso: It is for residential. It's R-1, it is for a residence,
it's not a park, definite. We all agree on that.
Ms. Richardson: It could be for larger frontage than what they are proposing,
as I understand it.
Commissioner Alonso: That's right, but it has been zoned before, and it's the
average lot in the City of Miami. It's not any smaller than the average lot
in the City of Miami. So we cannot possibly, without going into a serious
liability, do otherwise. And I'd like to have the legal advice of the
attorney if we were to do something illogical and say we want this to be a
park. Certainly these people will have to go to court.
Vice Mayor Plummer: It meets the minimum requirement of the ten thousand.
Mr. Fernandez: And all the recitations that this ordinance contain are proper
and legal, and does not give any greater rights or interest to the owner than
they had before the City made the inadvertent mistake. And the reason this is
being brought to you, is not solely or primarily because of the condemnation,
or the taking issue, it's simply to do that which is right when one makes an
inadvertent mistake.
Commissioner Alonso: Yes. And when it comes to the trees, it's something
_
that the department should be able to take care of immediately. It doesn't
even have to come to us.
Mr. Rodriguez: No, it wouldn't come to you.
�s
Commissioner Alonso: You people should identify that in a very simple
fashion, and give a fine to these people if in fact, they cut trees...
Mr. Rodriguez: If it is true.
Commissioner Alonso: ... they were not supposed to do. It's as simple as
that.
Vice Mayor Plummer: Can I ask the owner to be put under oath, please."
Mayor Suarez: Please, swear the owner.
.;
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
'
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Vice Mayor Plummer; Your name and address for the record, sir.
333
y
Mr. Gabriel Puches
Vice Mayor Plummer;
the property?
Mr. Puche; Two trees.
Gabriel Puchs, 2333 Brickell Avenue, apartment 466.; �.
Simple question, sir. Did you remove any trees off of Y
xw
Vice Mayor Mummer: And did you apply for a permit to do that?
2,
`�.
Mr. Puchei Yes, I did.
Vice Mayor Plummer: And you received such a permit?
Mr. Puche: Yes, I did.
Vice Mayor Plummer: Thank you, sir.
Ms. Richardson: Code Enforcement...
Mr. Puche: By the way, they were Florida Holy, which are very insignificant
trees.
Mayor Suarez: OK.
Vice Mayor Plummer: You had a permit, that's all I wanted to know.
Mayor Suarez: We didn't really ask about the significance of the trees.
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Ms. Richardson: There was no permit.
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Mayor Suarez: If there were violations, and if the neighbors or anyone else
could prove it, what would be the appropriate forum and the appropriate
process to follow?
Mr. Rodriguez: I will get somebody from the Building and Zoning Department to
talk to the lady and try to find more information, and then if the information
is correct, we will,proceed with a case before the Code Enforcement Board.
Vice Mayor Plummer: Excuse me. Doesn't your department issue the permits?.
Mr. Rodriguez: I know. But we...
Vice Mayor Plummer: Don't you want to find out whether or not in fact, you
-
did issue the permits before you talk to the lady.
Mr. Rodriguez: It doesn't matter to me, because we are going to check that
x
anyhow.
Vice Mayor Plummer: You are getting as bad as Code Enforcement.
Mayor Suarez: All right, with those things happening chronologically at the
same time, or one before the other, would you please make sure that -all of
them are done, and that we give the relief that is proper to the citizens?
Anything else?
Ms. Lynn Evans: Yes. I am Lynn Evans. I reside at 2765 SW 22nd Avenue, and
I am: for -the, park, and,I was, sorry to see that they tore all the trees down.
It seems to me there were a lot more than just two trees on that property.
ra
Mayor Suarez: Get just a little closer to that mike please.
Me. Evans: Surely.. The reason I am here today, is that the. street heading,.I
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guess it would be east, from US 1, Baydown to Ba shore, there is not one speed
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zone on that entire street. We have busses and cars crossing over US 1, and
they hit the light right, they are doing forty, fifty, sixty...
the issue of zones.
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Mayor Suarez: Would you please meet with staff on speed
Ms. Evans: What?''
Mayor_Suazsz: This is not at all what we are here on.
WR '.
Ms.,Eyans: OK, Well, if we are here for the playground, can we notat least,
get some sort of... something up to indicate that children are at play in this
r
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Wife x$yor vlwwor: Sure.
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15
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Mayor Suarez: Yes, absolutely. Just suggest it to the City staff, I am sure
they will pursue it.
Ms. Evans: OK. Because I have tried to go through the Police Department, and
getting no where.
Vice Mayor Plummer: It's Metro Traffic and Transportation who put up those
signs.
Ms. Evans: OK. There is not...
Mayor Suarez: But we can send letters in support of that, and you know,
obviously it's our geographical jurisdiction, we will be happy to do that.
Ms. Evans: OK. Vine, that's all.
Commissioner Alonso: OK. One last question on my part. The existing park
will remain, of course?
Mr. McManus: Certainly, Commissioner. Yes.
Commissioner Alonso: OK. Thank you.
Mayor Suarez: All right.
AT THIS POINT, THIS ITEM WAS TEMPORARILY DEFERRED.
------------------------------------------------------------------------------
36. DISCUSS AND CONTINUE PROPOSED CONSIDERATION OF FIRST READING ORDINANCE
AMENDING 11000 (ARTICLES 4, 6, & 25),RECOGNIZING EXISTING MARINAS /
ANCILLARY FACILITIES AND ESTABLISHING REQUIREMENTS FOR ACCESSORY USES;
.' ALLOWING OCCUPANCY OF PRIVATE PLEASURE CRAFT AS LIVING QUARTERS (LIVE
ABOARDS, HOUSEBOATS); CLARIFYING THAT OCCUPANCY OF PRIVATE PLEASURE
CRAFT ,AS LIVING QUARTERS IS PROHIBITED IN RESIDENTIAL AREAS, etc.
(Continued to March 28th).
' ----- --------------------- ---- - ---------------- -- ---- - --
Mr. :Al Crespo: Mr. Mayor, fellow Commissioners, my name is Al Crespo, I::..am
_ the' chairman of the Live -Aboard- Preservation Association. I asked ;your
f,
assistance in. ,-
Mayor Suarez: What item are you here on?
1:
Mr. Crespo: PZ-28, and we are asking for... we have prepared ..a motion
^ k
requesting a postponement.
Mayor Suarez: All right. Now, let's... what time is that item scheduled?
Mr. Fernandez: You have'to take a vote on fourteen.
Mr. Crespo:' Scheduled after 5:00 p.m.
s
Mayor Suarez: All right. If we were inclined to postpone that, who:.would.we
' have to have agreement from? Who is initiating that item? Planning and
Zoning?
Mr. Olmedillo: The City.'
Mr. Rodriguez: We do. 7
Mayor Suarez: Would it create any problems,' since the item was scheduled for
after 500 p,m., and presumably, this gentleman is in some -capacity'
representative of live-aboards, if we in fact continue it?
Vice.Mayor"Plummer: Mr. Mayor, I'll move at this time..
i Mayor Suarez: So moved.
j
-. Z
_ y Vice Mayor Flummeri . , since no one came forward to grant the dofeeral ll
March ,the'28t.
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1"54118►
F *
Mayor Suarez: So moved.
Mr. Olmedillo: Is this item PZ
Commissioner Alonso: Second.
Mayor Suarez: Second. Any discussion? If not...
Mr. Olmedillo: PZ-28, right?
Vice Mayor Plummer: PZ-28.
Mayor Suarez: Please call the roll on PZ-28 being continued.
Mr. Crespo: PZ-28 and 30, because they are... -
Commissioner Dawkins: Two of them. PZ-28 and 30.
Mayor Suarez: And thirty. All right. Thank you.
Vice Mayor Plummer: Wait, whoa, whoa.
Mr. Olmedillo: There we have a problem. The zoning ordinance is under
consideration from you. PZ-30 is the first reading of the zoning ordinance.
That may contain somethings that addresses some live aboards.
Mayor Suarez: But we must act on it today?
Mr. Olmedillo: That, remember, we have already acted on the comprehensive
plan. We are in the forty-five days. We need two readings for `that
particular ordinance.
Mayor Suarez: Your best bet is to catch PZ-30 on the rebound, on second
reading of the ordinance, but we won't be able to continue action on that
today.
Mr. Crespo: Well the problem is that, we came before you last month on PZ-30,
and because of some confusion you mandated that we meet with the Planning
Department for a workshop to deal with PZ-30. And we just found out that
instead of dealing with PZ-30, now a whole new PZ-28 was created as a result t
of that workshop. But it impacts...
Mr. Rodriguez: It's not true.
Mayor Suarez: Well presumably, we will have to figure a way, if we agree with
you on PZ-28, to make it somehow be in conformance with the comprehensive
plan. So, your best bet is to allow PZ-30 to be considered today, maybe in
first reading, and you can state your objections at that time, if you want to
be here for that if there is some part that ou disa ree with and then cat h
us when we consider PZ-28 as your separate item, which then we, have to, on
second reading -on PZ-30 which would presumably be the same day, I guess,
-
right? Make sure you schedule one after the other or so that...
}
Mr. Crespo: No. The only problem is that PZ-30 impacts on PZ... I mean, PZ-
28.
xw.
Mayor Suarez: I just said that, but the best we can do is allow you to take a
eqlz
continuance today of PZ-28, act on PZ-30, take in any of your objections. on
r _—
PZ-30 as affect your particular concern, and then on second reading of PZ-30,
if we are not able to take care of your concerns today, in passage of the
first reading of PZ-30, then we catch it on second reading. That'$ the best:_
we can do.' So, do you still want a continuance`cf PZ-28, or do you want it'to
be considered tonight at a much later time than now? -'` because we are not on
PZ-28 yet.
Mr. Crespo: Obviously we are going to have to go with it for the simple_
i
reason that, if you pass PZ-30, PZ-28 is immaterial.
Commissioner Aloneo: No. You will have a second chance. Second reading.#
+;.
Ms. Crew: OK, fins,
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Mayor Suarez: We want,.. I think we are inclined to agree with you, and i
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think you have heard tine talk about it...
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Mr. Crespo: We will go with you tonight. We are here.
Mayor Suarez: OK.
Mr. Crespo: OK.
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Mayor Suarez: You see all of that was handled out of turn. That's what gets
me, you know.
Vice Mayor Plummer: I withdraw my motion.
Mayor Suarez: OK, the motion hag been withdrawn.
AT THIS POINT, THIS ITEM WAS TEMPORARILY DEFERRED.
—
37. Continued Discussion) FIRST READING ORDINANCE: AMEND 11000 ATLAS -
CHANGE DESIGNATION AT 2811 S.W. 22 AVENUE FROM PR PARKS AND RECREATION
TO R-1 SINGLE FAMILY RESIDENTIAL AND SD-18 MINIMUM LOT SIZE (OVERLAY)
DISTRICT (Applicant: Planning, Building & Zoning Dept.) (See label 35).
Mayor Suarez: OK. PZ-15.
Mr. Fernandez: No. You still have to read and vote on 14, Miss Clerk, right?
;r
Commissioner Alonso: Fourteen.
Vice Mayor Plummer: Well read it.
Vice Mayor Plummer: I'll move it.
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Mayor Suarez: Moved.
Commissioner Alonso: Second.
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Mayor Suarez: Seconded by Commissioner Alonso. Call the roll.
J
AN ORDINANCE ENTITLED -
'AN ORDINANCE AMENDING THE ZONING, ATLAS,OF,ORDINANCE NO
11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
'
FLORIDA, AS AMENDED, TO CORRECT A SCRIVENER'S ERROR BY
CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY
t
:
-2$11:SOUTHWEST 22ND. AVENUE, :MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN), FROM PR PARKS AND
}`
RECREATION TO R-1 SINGLE FAMILY RESIDENTIAL AND SD-18
MINIMUM LOT SIZE (OVERLAY) DISTRICT; BY MAKING
FINDINGS; AND BY MAKING ALL NECESSARY CHANGES ON PAGE
NUMBER 43 OF SAID ZONING ATLAS; SAID AMENDMENT BEING
y:
REFLECTIVE OF THE CITY COMMISSION'S INTENT AT THE TIME
-,
OF ITS ADOPTION OF ORDINANCE NO. 11000; CONTAINING A
Y'
REPEALER PROVISION; AND SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
x
Was introduced by Vice Mayor Plummer and seconded by Commissioner Alonso
a
and was passed on its first reacting by title by the followin, g vote:
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Commissioner Miller J, Dawkins
Commissioner Miriam Alohao
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
None.
Commissioner Victor De Yurre.
The City
announced that
to the public.
Attorney read the ordinance into the public record and
copies were available to the members of the City Commission and
------•----------------------------•-------------------------- -----
38.
APPROVE OFFICIAL VACATION AND CLOSURE OF PORTIONS OF ALLEYS IN BLOCK
BOUNDED BY N.E. MIAMI COURT, N.E. 17 STREET, N.E. MIAMI PLACE AND N,E.
17 TERRACE AS CONDITIONS FOR APPROVAL OF TENTATIVE PLAT: OMNI PLAZA
(Applicant: MMH Enterprises, Inc.).
Mayor Suarez: Item PZ-15, street closure.
Vice Mayor Plummer: Who is in objections to 15?
Mayor Suarez: Is there anyone here to object to the item PZ-15? Let the
record reflect no one stepped forward. Are you here on PZ-15?
Unidentified Speaker: Yes... (INAUDIBLE STATEMENT).
Mayor Suarez: OK. You want to get some clarification. We need you to come
=:
up with anyone else that will testify, and be sworn. in along with the
applicant.
'
Vice Mayor Plummer: Let me ask a few questions of the department. Am I to
understand that the applicant is the owner of both sides of the street? That
is correct?
Commissioner Alonso: Yes, that's the only way that...
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Vice Mayor Plummer: Then I would like to know how much by closure of the
streets, square footage would the owner be acquiring into'his_name?
Mr. Luis Prieto:Nine hundred and eighty-two square feet, and we-did'an
assessment for that of $48.65 coming up to a total $47,774.
`_
ViceMayor-Plummer: That's what he would attain-.ng in value?
Mr, Prieto.;,Yes, sir. -
Vice.Mayor.Plummer: OK.. Thank you. Hi, Joel.
fix..
Mr.. Joel. Hirschhorn: Hello, Vice Mayor.
3 —
Vice Mayor.Plummer:- Good to see you.
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Mr. Hirschhorn: Yes.
Mayor Suarez: Would you please swear Mr. Hirschhorn in particular, and:..
�4
just kidding about that, and the gentleman, in case he has something that may
be of factual implication?
Vice Mayor Plummer: Wait a minute. Is that the hand he signs the check with?
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gr., Hirschhorn:`.No, I am left handed.
°
Vice Mayor Rlummer: OK, all right,
AT THIS POINT : TiiE CITY :CLERK `ADMINIS.TE�p SQUIRED, QATH VTAER AI�1t#�tCS
��
.. - TH033 .?,9R3QN$ GIVING TESTIMONY ON ZONING ISSUES.14
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Mayor Suarazt Do you want to hoar from him just in case, whatever his concern
is, is minor? What is your concern?
Mr, Carlos Pastronat I just want to make sure...
Mayor Suarez: Name and address, sir,
Mr. Pastronat I live in... 1 am the owner of 42 NE and 17th Street, and,..
Mayor Suarez: Your name, so we can have it.
Mr. Pastronat Carlos Pastrona.
Mayor Suarez: OK, Carlos,
Mr. Pastrona: I ,just want to make sure you know... I don't know exactly you
know, what the areas are, what they are going to pursue to close, and I want
to... you know, I never want to know it. -
Mayor Suarez: Can somebody clarify from staff what... on the map there what
they are going to close, and why?
Mr. Hirschhorn: It's right behind you.
Mayor Suarez: So that he can see if he really has any problems with it? You
see those two little alley ways or tips there of, or presumably dedicated...
Vice Mayor Plummer: The white spots in the middle of the blue.
Mayor Suarez: That makes that property square, or rectangular actually, but.
Does that create a problem for you?
Vice Mayor Plummer: I don't know how it can. It's blocked off in the middle.
Mayor Suarez: I can't imagine how it would either, but. What's there now, is
it paved?
Mr. Hirschhorn: Can I explain? Somehow, the prior owners built a building
and got part... it's really an alley way that runs from NE 17th Street...
Mayor Suarez: They built on most of it, but let the two tips out, somehow.
Mr. Hirschhornt No, they built right across the middle of the alley.
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Mayor Suarez: Right. Those are the old days the
newspapers keeps referring
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to as the good old days.
Commissioner Alonso: Maybe, not so old.
Mr. Hirschhorn: I guess. I remember some of those
but not that far back.
Mayor Suarez: You have any problem.
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Mr. Pastronai No, no problem.
Mayor Suarez: Thank you. OK. I'll entertain a motion on 15.
Vice Mayor Plummer: So now, we move to agenda item
forty-seven thousand seven
hundred and seventy-four.
x.
Mr. Hirschhorn: I need to check with Mr. Traurig,
Vice Mayor,Plummer: You better check in a hurry.
Mr. ..Hirschhorn: Well, I will be glad to sell that to the City for that amount
'
of money. The fact is...
Yip$ Mayor Plummer: We are reasonable.
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Mr. iiirscihon: .. I think I was warned by Mies
yoX that, that di.scusaioe
was0 in$ to Como up
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Mayor Suarez: We kind of thought as you walked in that you were looking to
make a contribution to our fund for good causes, and you certainly seem to
look that way.
Mr. Hirschhorn: I am not adverse to it, I just want you to know that when I
acquired this building from the trustee and bankruptcy, one of the first
things that the City of Miami asked me to do, was to remove the pink sidewalks
that were in the front of the building. We put in brand new sidewalks in the
front of the building. We put in a brand new nonexist... which previously was
a nonexisting building at the back, along NE 17th Terrace, and then I was
required to pave approximately one-third of n 17th Terrace, and one-third of
Ng Miami Place - at the cost of forty-two thousand five hundred dollars
($42,500) for the benefit of the City.
Commissioner Alonso: When you did that?
Mr. Hirschhorn: When?
Commissioner Alonso: Yes.
Mr. Hirschhorn: We did that, approximately nine months to a year ago. So we
did make a substantial improvement to the City at a considerable cost.
Vice Mayor Plummer: We want you to know how much we appreciate that.
Mr. Hirschhorn: I know that. I just wanted you to know that. I really don't
know what's fair, Vice Mayor...
Vice Mayor Plummer: We would like to listen.
Mr. Hirschhorn: ... so I mean, obviously, we think it's in the best interest
of everybody to close those two...
Vice Mayor Plummer: No, sir. We don't necessary agree. It's in your
interest. It doesn't benefit the public here by anything.
Mr. Hirschhorn: Everyone's, including mine. I just don't know what's fair,
because I've never appeared before a City Commission before, and I think it
would be unfair...
Vice Mayor Plummer: Why don't you pull a number out of the sky, and we can
think about it.
Mr. Hirschhorn: Well, I certainly would be willing to pay $7,500.
Vice Mayor Plummer: That's good for a starter.
P
Mr. Hirschhorn: Well, I don't know where they get...
Mayor Suarez: Seventy-five hundred?
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Mr. Hirschhorn: Yes. I don't know where they get that assessment from, and I
will tell you why. We've had four appraisals done, including by the School
_
Board, and they have said that the property is worth eight dollars a square
foot, maximum, land value. If that's what you are saying?
Vice Mayor Plummer: I'm not saying anything...
Mr. Hirschhorn: Oh.
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Vice Mayor Plummer: I'm just airing out my hands.
Mr. Hirschhorn: I see.
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Mayor Suarez: All right, I'm ready to...
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Mr. Hirschhorn: Do I get to deduct some rent?
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Mayor Suarez: ...act on this matter, please.
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40
Vida Mayor Plutmart Did I hear Joel, you said what? that you were going to
contribute hoot much to the fund?
Mr. Hirschhornt Ten thousand dollars.
Vice Mayor Plummer: 'That's what I thought. Mr. Mayor...
Mayor Suarez: All right, so moved.
Vice Mayor Plummer: ... I'd like to move item 15, before he changes his mind.
Commissioner Alonso: And I am delighted to second.
Mayor Suarezt Second. Any discussion? If not, please call the roll on PZ-
15.
Vice Mayor Plummer: We will invite you... wherever that money is donated, we
will invite you to be there, and to recognize your contribution to that fund.
Mr. Hirschhorn: OK. I'll check with you, Vice Mayor.
Vice Mayor Plummer: Joel, that will be payable by when? - tomorrow morning?
Mr. Hirschhorn: Not quite.
Vice Mayor Plummer: Monday?
Mr. Iirschhorn: Actually, we have to do $2,700 worth of improvements to
satisfy the City.
`:
Vice Mayor Plummer: That's fine. When will that check be forthcoming?
Mr. Hirschhorn: Within forty-five days.
E,
Vice Mayor Plummer: Within thirty days.
Mr. Hirschhorn: Yes, that's what I thought I said.
X;
Vice Mayor Plummer: Yes, that's what I thought.he said.
Mayor Suarez: All right. Moved and seconded. Any discussion?'
v
Vice Mayor Plummer: On behalf of the taxpayers of the City of Miami, who used
_
to own that property, and are conveying it to you, we want you to know how
much we appreciate your generous contribution.
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Mr. Hirschhorn: Thank you.
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Mayor Suarez: call the roll.
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The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-175
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A RESOLUTION OFFICIALLY CLOSING, VACATING, ABANDONING
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AND DISCONTINUING THE PUBLIC USE OF THAT PORTION OF
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THE 10' NORTH -SOUTH ALLEY AND THE 5' NORTH -SOUTH ALLEY
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LOCATED IN THE BLOCK BOUNDED BY NORTHEAST MIAMI COURT;
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NORTHEAST 17 STREET, NORTHEAST MIAMI PLACE AND
.
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NORTHEAST 17 TERRACE, MIAMI, FLORIDA; SAID CLOSURE,
ABANDONMENT AND DISCONTINUANCE BRING A CONDITION FOR
THE APPROVAL OF TENTATIVE PLAT NO. 1389 - 'OMNI
`
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PLAZA"
(Here
- follows body of
resolution, omitted here
and on
file
in the Office of
the City Clerk.)
Upon being
seconded by Commissioner
Alonso, the
resolution Wes An+ed - x
And
adopted by the following vote:
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IV
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plutimner, Jr,
Mayor Xavier L. Suarez
NOES: None.
AtSENT: None.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: That's that fund which was established where all the
funds go into and the Commission will.. at its discretion.
Mayor Suarez: We have no specific fund anymore, Madam City Attorney - where
have you been? Thank you.
39. AFFIRM ZONING BOARD'S GRANTING OF SPECIAL EXCEPTION TO ALLOW RENEWAL OF
EXISTING DRIVE -THROUGH FACILITY AT 1400 S.W. 8 STREET, PREVIOUSLY
APPROVED ON JANUARY 23, 1986 FOR McDONALD'S RESTAURANT (APPLICANT:
McDonald's Corporation).
Mayor Suarez: PZ-16.
Commissioner Alonso: Ah, we have no problems.
Mr. Olmedillo: PZ-16 is a special exception. It comes to you for review
every five years. This is the drive -through for the McDonalds.
Vice Mayor Plummer: Is there any problems?
Commissioner Alonso: None.
Mr. Olmedillo: No, sir, we haven't detected...
Vice Mayor Plummer: I move.
Mayor Suarez: So moved.
Commissioner Alonso: Second._
-'
Mayor Suarez: Seconded. Anyone wish to be heard against it? Let the record
reflect no one stepped forward.
Vice Mayor Plummer: Before somebody has a Big Mac attack.
Commissioner Dawkins: What item is this?
Mayor Suarez: PZ-16
Mr. Olmedillo: PZ-16.
V.
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Mayor Suarez: Call the roll.
a.
Vice Mayor Plummer: Wait a minute. Is Al Cardenas a representative?
- on x
sixteen?
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Mr. Al Cardenas: Yes, sir. The very same.
Vice Mayor Plummer: Ohl There is Santa Claus.
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Commissioner Alonso: On second thought, there are some problems.
-
Mayor Suarez: Call the roll, before they start delving into the Coat of
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Suit that he is wearing.
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Commissioner be Yurre: Now, before we get into that, Al, is there some issue
with the land if the City buys that block for the Specialty Center?
Mr. Cardenas: No. I don't believe we are at issue. The operator, the owner
of the land, and McDonalds are most anxious to have the Latin Quarter
Specialty Center built on that location. I think all of us are trying to
reach a meeting of the minds, and an attorney representative of a parent
company is here to... and I was going to ask him, you know, afterwards, to
make a statement on behalf of the parent company, committing ourselves to the
reality of that Latin Quarter Specialty effort.
Mayor Suarez: OK.
Vice Mayor Plummer: Do I have to vote for a republican?
Commissioner Alonso: Of course.
Mayor Suarez: On PZ-16, I'll entertain a motion.
Commissioner De Yurre: If you want to get reelected.
Mayor Suarez: Politics and issues aside.
Ms. Matty Hirai: We need to call the roll on 16.
Mayor Suarez: On sixteen?
Ms. Hirai: Yes, sir.
Commissioner Alonso: Yes. This one.
Mayor Suarez: That's what I am trying to do.
Ms. Hirai: Oh, I see.
Mayor Suarez: OK, we have a motion and a second already?
Vice Mayor Plummer: Yes.
Commissioner Alonso: Yes.
Mayor Suarez: Thank you. Call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-176
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING
BOARD IN GRANTING THE SPECIAL EXCEPTION AS LISTED IN
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, ARTICLE 6, SECTION 614,
SUBSECTION 614.3.2.1, ENTITLED "PERMITTED PRINCIPAL
USES AND STRUCTURES: ... 3. DRIVE -THROUGH FACILITIES
FOR RESTAURANTS, CAFES AND TEAROOMS ARE ONLY PERMITTED
AFTER APPROVAL OF THE CITY COMMISSION AND ZONING BOARD
UTILIZING STANDARDS AND REVIEW PROCEDURES FOR SPECIAL
EXCEPTIONS. DRIVE -THROUGH FACILITIES APPROVAL MAY BE
GRANTED FOR A PERIOD NOT TO EXCEED FIVE (5) YEARS FROM
THE DATE THE CERTIFICATE OF OCCUPANCY IS ISSUED.
RENEWAL AFTER FIVE (5) YEARS SHALL USE THE SAME
PROCESS ....", TO ALLOW THE RENEWAL OF AN EXISTING
DRIVE -THROUGH FACILITY GRANTED BY THE CITY COMMISSION
ON JANUARY 23, 1986 BY RESOLUTION NO. 86-39, FOR THE
MCDONALD'S RESTAURANT PROPERTY ZONED SD-14 LATIN _
QUARTER COMMERCIAL -RESIDENTIAL; LOCATED AT 1400
SOUTHWEST 8TH STREET, MIAMI, FLORIDA, ALSO DESCRIBED
AS LOTS 9 AND 10 LESS EAST 5' LOT 14, LESS NORTH 15'
AND ALL OF LOTS 17-19, BLOCK 1, AVOCADO PARK AND, AS
RECORDED IN PLAT BOOK 3 AT PAGE 68 OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, AS PER PLANS ON FILE;
THIS SPECIAL EXCEPTION RENEWAL BEING FOR A PERIOD NOT
TO EXCEED FIVE YEARS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Cardenas: Mr. Mayor, excuse me. We had told the City...
Mayor Suarez: This is not the kind of thing that will require being sworn in,
or anything? You are just going to tell us some good news, or something?
Mr. Cardenas: Well, yes. We have the national representative of McDonalds,
who had been asked to proffer a very short thirty second statement by City
staffers regarding our intentions, and I wanted to introduce him, if I could.
Mayor Suarez: Absolutely. We are pleased and proud to have you there, and
have you... have changed I think, your design for one of the very few times in
your history in the United States, to accord to the area, and how we want it
to look.
A
Mr. James
Mayor Suarez: We hope you thrive in there, we certainly buy a lot of food
there. Go ahead.
Ballerano: Thank you.
Mr. Mallsrano: Good Evening, Mr. Mayor, members of the City Commission, my
name is James Eallerano, I am an attorney with zhe firm Proskauer Rose Goetz
. Mendelsohn regional counsel to McDonalds Corporation. We are pleased to have
' this opportunity to address you in connection with your renewal.,.
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163 gabrtay� i+A41
Mayor Suarez: I want you to know counselor, that we usually force everybody
to be sworn in for these, but we are going to make an exception for you.
Actually it's...'
Mr. Ballerano: I've registered, Mr. Mayor.
Mayor Suarez: It's not... that's another regulation that we have. This one
is just on being sworn in. But it's only as to Planning and Zoning items, and
really you are not here really here on that, I don't believe...
Mr. Ballerano: No.
Mayor Suarez: ... but go ahead.
Mr. Ballerano: Thank you, We are pleased to have this opportunity to address
you in connection with your renewal of the drive -through facility permit at
the McDonalds anniversary restaurant located at the southwest corner 14th
Avenue and 8th Street site of the future Latin Quarter Speciality Center.
Please be assured that McDonalds Corporation is willing to corporate to
accomplish a successful development of this center at the side of our
restaurant. We have sought the renewal of the driving permit as a
housekeeping item, and in anticipation of the City's acquisition of the
property for the Latin Quarter Specialty Center, we are prepared to negotiate
an agreement with the City, the property owner, and the restaurant operator,
which will provide for the reconfiguration of the drive -through facility in
conjunction with the construction of this center, and if necessary, we would
consider elimination of the drive -through at an appropriate time, in
conjunction with a mutually acceptable site plan. Thank you.
Vice Mayor Plummer: Very nice.
Mayor Suarez: Very good.
Commissioner Alonso: OK.
Mayor Suarez: Good to have you, and good to have your presence there.
40. DENY APPEAL AND AFFIRM ZONING BOARD'S DENIAL 'OF SPECIAL EXCEPTION TO
ALLOW CONSTRUCTION / OPERATION OF AN EXTENDED CARE FACILITY ,FOR 56
SUBSTANCE
ABUSE CLIENTS AT 626 N.W. 11 AVENUE & 627-699 N.W. 11 AVENUE &
1058-1098
N.W. 7 STREET - COVENANT PROFFERED (Appellants/Applications:
Jorge Lamadrid, George C. Stubbs, InterAmerican Engineering Corp.).
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--------------------------------------------------- --- ----- -----
[NOTE: INTERSPERSED THROUGHOUT TIM HEREIN TRANSCRIPT, ARE
STATffi NTS IN SPANISH. FOIaAXiING EACH AND $VERY
STATEIMT, PLEASE FIND THE CORRESPONDING TRANSLATION
INTO ENGLISH OR SPANISH, AS THE CASE MAY BE.
SPANISH STATEMENTS WILL BE DENOTED BY CAPITAL
LETTERS. TRANSLATION WERE MADE BY SERGIO RODRIGUEZ,
ASSISTANT CITY MANAGER AND MAYOR SUAREZ)
-
Mayor Suarez:
PZ-17.
Mx, Olmedillo:
PZ-17 is an appeal to a denial issued by the Zoning Board to a
special exception
for an extended care facility located at 626.,E
Mayor Suarez:
For a what facility?
s
Mr. Olmedillo:
Extended care,
Mayor Suarez:
Extended care facility.
Mr. Olmedillo:
.,. NW llth avenue, As it's usual, the appellant goes :04
first and then
we can respond to whatever concerns that are expressed.
n
Mayor Suarez;
The appellant in thin case is the property owner, or Aot?164
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Mr. Olmadiilot The property owner, the original applicant. Yes, sir.
Mayor Suarezt OK. Do we have anyone that opposes pZ-17's application? If
so, raise your hand. OK. Could you stand up for a second in case you're
going to be witness? - and swear in all parties please, Madam City Clerk.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mayor Suarez: The record reflect they all very much nodded, saying yes, or
otherwise... are you representing... who are you representing?
Ms. Judith Burice: The applicant.
Mayor Suarez: The applicant. Does anyone act on behalf of the group of
opponents? The two of you? And that pretty much covers everybody's... that's
why we will really, really :seed to swear the two of you. That's good. All
right, you can stay on that side if you would like, and we will try to give
you a fair amount of time, in view of the presentation by the applicant, OK?
Ms. Burice: Mr. Mayor, members of the Commission, my name is Judith Burice,
practicing law with Shutts Bowen, 100 Chopin Plaza in the City of Miami. I am
very pleased and very honored to be representing the applicant, George
Lamadrid, and InterAmerican Engineering Corporation in connection with their
application for a special exception to allow the construction and operation of
an extended care... extended care facility. The facility will be 'known as
Victory Center and it affirms the applicant's commitment to the City of Miami,
and their desire to satisfy a clear and present need in this community. The
sole purpose of this application is to obtain the special exception. The
property is currently zoned RO-36 which would permit the construction of an
ffi b 1
o ce u Iding or other commercial facility. Extended care facilities are
OR-:!_
not permitted anywhere in the City of Miami without obtaining the special
exception. The site is located directly on N.W. 7th Street. It's across from
the City of Miami fire station and across from the large Southeast Bank
operations facility. The applicant has designed the site plan for Victory
Center in strict conformance with the zoning code. The square footage in the
center is well below the maximum FAR that would be permitted for a commercial
facility without obtaining any zoning approvals at all. As a matter of fact,
there are no variances being requested for this site plan. If you look on the
display board, you will see a rendering of Victory Center which was designed
by the architectural firm of Architecta. Right below it, you will see
photographs of the existing site. They're both right on N.W. 7th and those
will be the buildings that will be demolished in order to build that facility.
So you get a picture of what there is there now and the building that will be
replacing it, hopefully, in the future. The center will contain 56 single...
Mayor Suarez: Where do we get the picture of what is there now? Oh, down
here.
Ms. Burice: Right there.
Mayor Suarez: It doesn't look too good. All right.
Ms. Burice: The site has two portions and they own all that property and
those are the buildings that will be demolished.
Mayor Suarez: It has two what? -I'm sorry. The site has two what?
Mr. Burice: The site - two portions to it. They have the excess parking
facility, and where the site will sit. And those are the two properties that
it will be built on. There will be 56 single occupancy rooms in the center,
and that's the largest number of patients that will ever occupy the facility
at one time. There is no question that the a;Aount of traffic that could be
generated from that facility would be far less than any other commercial
facility that could be built right on that site without getting any bind of
,
zoning approval. There will be no detrimental effect on the neighborhood, As
a matter of fact, the security that will be provided by that security - by
that facility - will benefit the neighborhood, and should be a
addition to any neighborhood, I have with ate tonight the applicant, 0p0rge
Lamadrid, who will be available to answer any questions about the facility,
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the site plan. I'd like to tell you a little bit about how the facility will
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operate. The center will treat patients with substance abuse problems. The
majority of the patients will be recommended by local corporations that have
executives and employees that are suffering from chemical dependency. The
patients will undergo drug detoxification, together with medical services and
the psychological counseling that's necessary to eliminate their chemical
dependencies. At the end of the stay, the patients will be ready to go back
to their jobs and become functioning members of our community. This is not a
narcotics center recommended by courts for drug offenders requiring
rehabilitation. The purpose of Victory Center is to provide a place for local
corporations to refer their executives and employees so that they can receive
professional and confidential treatment to alleviate their chemical
dependency. Now, I see that there are some neighbors in the audience tonight
that are concerned about this project, and at this time I would like to have
them come up and speak. If I could reserve the amount of time I would have
left in my presentation to answer any of their concerns and to complete our
presentation.
Mayor Suarez: OK...
Commissioner Dawkins: You may not have that much time, but we will allow what
you want to happen.
Mayor Suarez: What would be the criteria that we apply before we start
hearing from the neighbors?
Mr. Olmedillo: So that you understand the decision of the department, is that
we did not have any concerns about the building itself. As to the use and we
said that we denied the applications as it was stated, and we recommend
approval subject to one year review to see how the use was affecting the
neighborhood and the second condition that we said, a five day maximum stay.
We consider that a long stay for patients... yes, sir.
Commissioner Dawkins: In one year, we review it, what do you do with it? You
knock it down?
Mr. Olmedillo: If the use has created negative effects into the neighborhood,
they can be corrected by applying additional conditions...
Mayor Suarez: Wait a minute, Guillermo. We love children, but would someone
please do something about that noise back there.
Commissioner Dawkins: No, no, you keep saying that after one year review, OK,
as if that would make everything right that's wrong. So, at the end of one
year, you find out that it's not operating as you said, that it's not doing
what you said. What do you do? -push it down?
Mr. Olmedillo: You can either apply additional conditions, reasonable
conditions, to mitigate any negative impact into the neighborhood, or you may,
in fact, deny the use of the property for that particular use. You can use it
for other things, but not for that particular use.
Vice Mayor Plummer: Well, let me ask you, is it a true statement that that
building can be built as we see it today fully in the zoning laws?
Mr. Olmedillo; Within the zoning that is there, yes, the building can be
built...
Vice Mayor Plummer: I'm not speaking about to the use of the building, but
the building itself as represented in this rendering, you're saying that
building can be built today without any hearings.
Mr. Olmedillo: That is correct. They meet all the...
g
Vice Mayor Plummer: OK, so then the only thing we're really arguing about.. r
Mr. Olmedillo: Is use.
t° Vice Mayor Plummer: ...is the use of that building.
�e Mr. Olmedillo: Right.
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Vice Mayor Plummer: OK. So...
_ _
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Commissioner Dawkins: All right, let me ask you a question, off the top of
your head. If the building were built like it is, and it was not used for the
intended use, do you think financially it could afford to be there?
Mr. Olmedillo: You can always convert a building like this, because you have
a shell and you have movable partitions into a residential use or an office
use, which, in fact, they have. So I think you can achieve a change with a
minimum of investment. However, I cannot qualify if it's ten thousand,
fifteen thousand or a hundred thousand dollars. I could not state that on the
record.
Commissioner Dawkins: But anything else there other than a - for what they
say, a drug treatment center, would probably not be economically feasible.
Probably.
Mr. Olmedillo: they would have to spend more money to make it into something
different.
Commissioner Dawkins: And, all right, let me say, would it at all... OK, you
build this like it is, we do not have an all suite hotel in that vicinity.
Would you put an all suite hotel there? Would it pay off?
Mr. Olmedillo: You're asking my opinion?
Commissioner Dawkins: Yes, you're a professional aren't you?
Vice Mayor Plummer: Not on all suite hotels, he's not.
Commissioner Dawkins: Hmmm?
Mr. Olmedillo: I would hate to opine on that, on that issue...
Vice Mayor Plummer: Why don't you tell the man the truth? You don't know.
Mr. Olmedillo: I don't know.
Vice Mayor Plummer: Well, tell him that.
Commissioner Dawkins: Thank you.
Mayor. Suarez: What is the criteria for our determination? What is the
criterion or what are the criteria, if it's more than one?
Mr. Olmedillo: Special permits, one of the things that we have to consider is
that. mitigating conditions have to be applied so that it doesn't affect the
neighborhood negatively. We feel...
Mayor Suarez: OK, that's one of the criterion, that we try to prevent it
affecting the neighborhood negatively.
Mr. Olmedillo: Right,
Mayor Suarez: What others?
Mr. Olmedillo: Ingress, egress, handling...
Mayor Suarez: Transportation kinds of issues.
Mr. Olmedillo: Handling of garbage and refuse services, infrastructure,:'. and
the one that we are applying to this particular one, we agree with the 'other
ones as: we said. We agree with the design of the building. We don't have any
problem with the building itself, it's the use of.the building.
Mayor Suarers Compatibility with the uses of the neighborhood?+`
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Mr. Olmedillo: That is correct and that'a why we have suggested and hav+a
recommended to the board and to this Commission that the five 44y limitation
be applied because we feel that, that way people who come in are treated; ItIg
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an emergency treatment then they are referrad to• othaar faailitiee-i #-h C
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or outside the City, therefore creating a leaser 'impact se if'.you h4v+ ,a.,,
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Mayor Suarez: OX, you figure that my restricting
the effect of...
Mr. Olmedillo: When you have a five day patient, which is under emergency
Care, that person is confined to a bed.
Mayor Suarez: Right:
Mr. Olmedillo: He gets up from there and he goes to a hospital, to a CBRF, to
a halfway house, to whatever, his home.
Mayor Suarez: As opposed to someone that is there for months and months and
months of treatment.
Mr. Olmedillo: Somebody who is there for months, you begin to have people
walking around, you have...
Mayor Suarez: Such as we've seen in Edgewater and...
Commissioner Alonso: Not to have a halfway house.
Mayor Suarez: ...Wynwood and it becomes like a halfway house, as Commissioner
Alonso is saying.
Mr. Olmedillo: Right, and that's our fear. That's why we're saying time
—
limitation.
Mayor Suarez: And five day maximum is better than that. You're not going to
be .. .
Mr. Olmedillo:- We feel that five day will restrict it...
;
Mayor Suarez: ...somehow encouraging,a more serious case of someone having,an
.
addiction by saying .maximum five days. OK, I see what you're. saying. All
right, from ;the neighbors. Neither one of you is here for a - compensation.
B , 8 y
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_
Are you?
Mr. Andy Bolano: No, I'm not, I'm one of the property owners.
Mayor Suarez: OK.
Mr. Bolano: We had an attorney here...
Mayor Suarez: us a name and address and...
.Give
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Mr. Bolano: My name is Andy...
Mayor Suarez: Don't worry about if.you had an attorney. I'm just interested
to make sure you fulfill our requirements.
Mr. Bolano: My name is Andy, Bolano. My, home address is 7001,S.W. 112th
Street. I've, been a property owner adjacent.to`that property since 1981. My
'-
;.
father has been a property owner on the other side of the property for various
lots.since 1974 or 175. We have here almost all the property owners in the3
j
375 feet around it. If not, all of them. And for the zoning commission.
hearing which was at 7:00 o'clock, we.had a significant amount of people here,
They couldn't make it because they're working people and they couldn't make it
at 5100 o'clock. They didn't know what time this was going.to be. But ,;.I:,Just
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wanted to say to the Commission that if all of; the neighborhood is opposed*
this kind of use within the neighborhood, the neighborhood is not opposed to
bettering the neighborhood. On the contrary, the neighborhood itself is
4
starting to come back. The neighborhood has gone through a significant amount
4j
of problems. I can tell you as a property owner, I had a lot of problems
trying to keep my property rented, And for the last four years I've had the
same tenant on the property that I have adjacent to that. Not only that, the
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tenant has asked me for a lease, which is an indication that the to4ant as
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very happy living there, It's one person living - or two people living in a
".
three bedroom house, The property that my father owns, which is. on the. p y,
silo: of that, is a .two-story structure which haa pull :SpartMOPte U 1
tsA412ts go back from the day that he, -bought thatproperty,,:,
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tenants' that have been th'ers, T1�ey're. retired pR�s�tn.Rj eldm##Ii i�S�i'1k
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also some other people that have moved in recently. But the whole
neighborhood is starting to stabilize and there's a lot of people here that,
not like me that only owns property there, no, they own property there and
they live there. The attorney that came and represented this group of people
last time did it pro bono because his father and mother was one of the people
that lived there. And they're all here, and we'd like to have them all speak
to you because..,
Mayor Suarez: Well, how about this? How about if we have them all just stand
up and raise their hands and we have an idea, because they're pretty soon
going to be saying the same thing. OK. All of the people who are in
agreement with him, raise your hands. I guess you've done that.
Mr. Miguel Altarriba: I'd like to say something if I may. I own three
buildings right there.
Mayor Suarez: OK.
Mr. Altarriba: OK?
Mayor Suarez: All right, we're going to get to you. That complete your
presentation?
Mr. Altarriba: Yes, sir.
Mayor Suarez: Try not to get cumulative, if you wouldn't mind. It's just
repetitive.
Mr. William Chavez: OK, William Chavez, 2111 S.W. 16th Terrace. And my aunt,
who is behind me, lives at 1153 N.W. 6th Street, which is right a block and a
half away from the property. First of all, good afternoon to the honorable
Mayor Suarez and the Commissioners. OK, I thank you on behalf of most of the
neighbors within the immediate area of the proposed project who have asked me
to look into the matter through my aunt, and find out what can be done about
it to... first of all, I would like to state that the majority of them do not
want this built. But they do understand and they have told me that if the
zoning and everything else is complacent and everything is OK, that they do
have very major ,concerns on behalf of the neighborhood and what will happen to
the neighborhood within the future. I'm sure you're hearing this from
everyone here, and there are quite a few points that...
Mayor Suarez: Well, we even have petitions, I think. So basically....
Mr. Chavez: We have petitions signed, we have a hundred people that have
signed the petition. And the major worries that they have is first of all,
that it was stated in the previous zoning appeals board that they would be
bringing people in from outside the state, and it was not made clear, as it
was made.a little more clear today, that there would or would not be only
private people at a voluntary form to come into this program. And it was not
stated. If, by any chance, it were, that it was accepted by zoning, I think
we would all want to at least have. a covenant put through the City of Miami
that would force them to state that they will -only allow voluntary people and
nobody would come in from the court systems or from the justice systems.
Mayor Suarez: You say no Baker Act.
Mr. Chavez: And one more thing, I would...
Mayor Suarez: Let me clarify that, counselor. Do you intend to have anybody
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Baker Acted into that facility? Do you intend to have anybody Baker Acted
into that facility? -brought in there involuntarily?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Vice Mayor Plummer: Would you stand up, I can't...
sa
Mayor Suarez: We need you on the mike on that.
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Ms. Eurice: We would be willing to execute and record a covenant that would
state that we would take only voluntary patients, we would not take any
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patients out of the court system, and .we would also be willing td state!-th4t
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we will only market this program within the Mate of f'lorida, : if y're
-
conoornsd about people from out of state.
44 �
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Mayor Suarez: All right, thank you. OK, anything else Willy?
Mr. Chavez: OK, first of all, there is - I was informed by my aunt - that
there is an ACLF nearby, so I'd just like to put that on the record that there
is an ACLF. There is another thing that was stated to me, and this is of
importance. First of all, we'd like to get it straight again. Great, they're
agreeing to what we're saying, but in the first of all, we did make a protest
and we did have a hundred people in the area that do not want it. But also,
another thing that we are interested in is that if it was permitted - which we
are against again - if it was permitted, we would like Victory Center to take
into consideration that the neighborhood would be in some way affected, OK? -
and that we're scared of the property values in the neighborhood with a center
like this, and what would happen to the property values. And if it were to go
through, we would like to have some type of contact with Victory Center where
they would offer employment to those in the neighborhood and let them know of
the employment for those who did qualify that will be employed. If it were to
come down to something like this. OK? Because the citizenship and
relationship between Victory Center and the citizenship would be a little
better. As of now, we did have arguments back and forth before which has
really separated us.
Mayor Suarez: OK, thank you. Ma'am. Here, wait a minute, I'm sorry. You're
basically on the same line of thinking?
Mr. Altarriba: Yes.
Mayor Suarez: Name and address, sir.
Mr. Altarriba: My name is Miguel Altarriba. I live at 5500 Westwood Lane,
Hialeah. We own 1029, 1036, and 1053 N.W. 5 Street for the last few years.
As a result of other immigration that lately come to that area, unfortunately,
there are people with less income, we are forced to rent the apartment less
and for the last six month I have six apartments vacant. After all the
problems that we have there now, we're going to add this. This is going to
create a big problem. Number, one, they say they going to have 18,883 square
footage. The idea behind this is this. They make individual only for 56
ones. They have the CO and this happen everyday in this County. They made a
divider, and rather than have them 56, they will have 132 very easy. And —
nobody will check and nothing can be done about it. Therefore, it's
unfortunate that these people need some place where to stay. But it's also
unfortunate that we had for people who haven't been able to control their
desire for something that shouldn't be done, that we have to suffer and pay
for this. If they go along with this, and you build that, the cousin, his
uncle, his nephew, they all in the same boat. They be coming around there,
they be driving around there, they be chasing the few people that we have
rented to it. Because they have to go and see whoever is sick which is
related to them. We having problem with the parking space, we have problem
with these people, unfortunately, they can't control their desire for
something they should do. In my opinion, something like that should be built
and I have five acre, 198th Avenue and 188th Street. There it should be
built. I am willing to sell the five acres very cheap...
Mayor Suarez: Very good, we've got an offer of sale to your organization.
Mr. Altarriba: That way, you build it over there, it's clear air, it's good.::
Mayor Suarez: Thank you, thank you. No other unpaid commercials.
Commissioner De Yurre: I'll do the closing. -
Mr. Altarriba: OK.
x° Mayor Suarez: Thank you. We got an offer to do the closing for a reasonable
fee.
Mr. Altarriba: Thank you.
.. Mavor Suarez: Yes. ma'am.
{
husband and this neighborhood is down. You see, I have already in my block
one rehabilitation, the women. You see, the women no good passing the front
of their door. And this is not good for the kids, The kids is playing
outside and it's no good. And now you put the people for drugs. I don't
cared is rich people, The rich people is the same for the poor is use drugs.
Is the same. They need money, they go and give the hello for you and kill you
for money for they need the drugs. And this is no good for the neighbor. The
neighbor is poor neighbor. For it's good, the kid is playing and they start
walk, the woman is going to the store and you see, this is different for that
you put one facility for the drugs you abuse, is no good for the neighborhood.
Or the property is going down. Nobody is going to want to rent the
apartments. This is no good for the neighbor. OK, thank you.
Mayor Suarez: Thank you, Ms. Chavez. Sir. Remember, we're hearing a lot of
the same arguments, although I have to admit, yours was a little different
there. Hopefully, everybody will be as creative as you were.
Mr. Andres Bolano: My name is Andres Bolano and I live in 9961 S.W. 23rd
Street, Miami, Florida, 33165.
Mayor Suarez: You're not related to the other gentleman, are you?
Mr. Bolano: That's my son.
Mayor Suarez: But you're going to tell us something entirely different from
whatever it is you discussed last night at the dinner table while you were
planning to come here today, right?
Mr. Bolano: I can tell you entirely different, Mr. Mayor, because I used to —
live in that area. I used to came to Miami in 1956, and I came close to that
neighbor. I live in 10 Avenue and 6th Street and that was a beautiful
neighbor. I live there a few year, then I move out and in 1972 I bought a
building, 1111 N.W. 6th Street. And in 191 we bought, my son and I together, on 1102 N.W. 7th Street. And this project... I am glad that put that project
in it, but not for the use they're going to do. It's good for put it
business, apartment, and grown up the neighborhood. Because on that
neighborhood, I got...
Mayor Suarez: What happens if we...
Mr. Bolano: ...tenants.
Mayor Suarez: ...agree with you and nothing is built there because they don't
find, for whatever reasons of their own, they don't find the value there to
build something else. Is it preferable to have what is there now than that
building?
�I
Mr. Bolano: If the people living there is quiet and not drop around, I prefer
that people. I am sure of that,
Mayor Suarez:
Mr. Bolano:
Plummer...
Mayor Suarez:
addiction.
t -
If the people living there is what? -I'm sorry?
I don't want any drug addict around. And I don't think,, Mr.
,.1
You would like to not have people who have problems.. of drug Y:
Mr. Bolano: ...Mr. Alonso, Mr. Suarez,
Mr. Dawkins, and Mr. De Yurre, you
want the best for the City of Miami. I
am sure you'd want the
best for :the
City of Miami, so I think if you agree on that, you should deny
that project,
it was denied before.
Mayor Suarez: Yes, and my question was
hypothetical.. I have a
feeling that
if we turn this down, they'll still use the property at some point f*r
something,'perhaps better than this,.
Mr. Bolano:
Mayor -Suarez:
i
::. Mr. Bolano;
'm a realtor myself on insurance,
Very good, OK.
I don't look to profit to one.
171
Mayor Suarez: All right.
Mr. Bolano: Thank you.
Mr. Luis F. Mendez: My name is Luis F. Mendez and I own a property at 1136
N.W. 6th Street, which is right back from where this building is going to be
built. I feel that this community, this neighborhood, has been the subject of
successive waves of immigration. That we have given hospitality and we have
tried to keep it up, and maintain the property value, but through the
different crises that have been happening through the County, we have had ups
and downs and now when the community building up back again from these
reverses, this project is going to be another setback which will damage what
has already been damaged a number of times through situations that everybody
knows about. My request is that this project not be built right where it's
intended to be built and the community would prosper and not be damaged any
more through these projects. Thank you.
Mayor Suarez: Ma'am.
Ms. Zenia Mendez: POR FAVOR, MI INGLES NO ES LO SUFICIENTE PARA... COMO
ESTABLECER...
TRANSLATION: My English is not very good, so I need translation.
Mayor Suarez: OK, he'll translate for you. Just make it quick, because we're
hearing the same thing over and over again and we have other matters today.
Ms. Mendez: MI NOMBRE ES ZENIA MENDEZ Y QUIERO EXPONERLES QUE YO ME OPONGO
ROTUNDAMENTE A LA EDIFICACION DE ESE EDIFICIO. MI PRIMERA CASA AQUI EN MIAMI,
QUE VINE CON UN NINO DE DOS ANOS ES ESA CASA QUE ESTA ALLI, ESA CASITA SOLA YO
CON UN NINO. LUEGO ME MUDE AL 1136 N.W. 6 STREET QUE SOMOS DUENOS DE ESA
CASA. YO TAMBIEN REPRESENTO EL 1118 N.W. 6 STREET, QUE ES UNA SENORA QUE VIVE
EN VENEZUELA. NOSOTROS HEMOS TRABAJADO MUCHO, LOS VECINOS DE TODA EL AREA.
YO SOY FUNDADORA DEL AREA DE LOS CUBANOS. MAS QUE NADA, NO EL POR EL VALOR
SOLAMENTE DE MI PROPRIEDAD, PORQUE YO SE QUE SE ME VA A DESVALORAR MUCHO, ESTO
VA A TRAER MUCHOS PROBLEMAS AL AREA. LOS VECINOS SE VAN A ATEMORIZAR. LAS
PROPRIEDADES QUE HEMOS ADQUIRIDO CON TANTO SACRIFICIO... YO TRABAJE ALLI MUCHO
PARA QUE MI ESPOSO HICIERA SU CARRERA DE NUEVO DE ABOGADO, QUE FUE LA PERSONA
QUE HABLO PRIMERO. Y YO MANTENGO ESA CASA MAS QUE NADA POR UN PROBLEMA
SENTIMENTAL PORQUE TODA MI FAMILIA NOS REUNIAMOS EN EL PORTAL DEL 1136, Y ESA
CASITA QUE USTEDES VEN ALLI, ALLI YO DERRAME MUCHAS LAGRIMAS PORQUE NO HABIA
NI UN CUBANO POR ESA AREA CUANDO YO VINE, Y UNA DE LAS PRIMERAS CUBANAS QUE
VINO ALLI FUI YO. Y ESE SENOR SABINES QUE ESTA AHI, CUANDO INAUGURO SU
SUPERMARKET ALLI EN LA TRES, YO FUI UNA DE LAS PRIMERAS COMPRADORAS QUE EL
TUVO ALLI. Y ESTE SENOR QUE QUIERE EDIFICAR ESO, ESO NO ES PARA BENEFICIO...
TRANSLATION: My name is Zenia Mendez and I want .to say that I completely
_
oppose the construction of that building. My -first house when I came to
Miami, when I came with a kid, a small kid, was that little house that you see
as -an exhibit. That little house. Then I move to 1136 N.W. 6th Street and:I
represent another. lady in the address as she mentioned before. We have been
work a lot, the neighbors of this area. I am a founder of that area, of the
Cubans in that. area. It's not only for the property value of my property,
which I know is going to devaluate, but also ...it's going to bring a lot 'of
problems to the area. The neighbors are going to get scared and the
properties that we have been acquire with so many sacrifices... I,worked;a
lot in that area to make sure that my husband will do again, finish again his
—
career as a_lawyer and he was the person that spoke previously. And -I
basically keep that house...—
Mayor Suarez: Now it's almost impossible to translate all of that.. But
generally, she's been there for a long time. She's been trying to keep her
house going and everybody who has lived there, including Mr. Sabines who.has
had a business- there, knows about her background. Your background is .very'
interesting, it's not all that relevant to this case, but we appreciate
anyhow. We. understand how deeply you feel about it. ENTENDEMOS LO;FROrWD0
QUE USTED SIENTE ESTO Y EVIDENTEMENTE SABEMOS SU HISTORIAL EN EL AREA.°
v
Ms. Mendez: PERDONE QUE YO LES PONGA ESTO, FERO ESTE SENOR FUEDE HALER OTRO
TIVO DE FABRICACION ALLI, PORQUB YO MANTENGO SIEMFRE LA CASA ALQUILADA,°
TRANSLATION: She's saying, that he could build some other kind o auildnE°
there.
�Y
41
172 February, 2,S0
- Mayor Suarez: OK, that's true, he could. Unfortunately, we don't know that
he would, but he certainly could.
Ms. Mendez: Y ESA OTRA CASA... EH? Y EL NADA MAS QUE PRETENDE UN PROBLEMA DE
NEGOCIO, NO ES UN PROBLEMA QUE VA A BENEFICIAR A LA CIUDAD EN LO ABSOLUTO.
TRANSLATION: And it's a business deal, but not something would benefit the
City.
Mayor Suarez: OK.
Me. Mendez: PORQUE EL, SE DIJO EN LA SESION ANTERIOR, QUE LE IBAN A TRAER
PERSONAS DE OTROS CONDADOS Y DE OTROS LUGARES A REHABILITACION. NO ES PARA
BENEFICIO DE LA CIUDAD.
TRANSLATION: He said at a prior hearing of some sort that he would bring
people from other counties and so on to be served at this facility.
Commissioner De Yurre: Mr. Mayor...
Mayor Suarez: Yes?
Commissioner De Yurre: The thing that should be noted also that I lived for
—
about 20 years on 13th Avenue, and I also purchased at EL PRIMER TITAN.
Mayor Suarez: EL PRIMER TITAN...
Commissioner De Yurre: You know, Luis Sabines' place, so just for the record.
Mayor Suarez: That really was the name? Did it go bankrupt, by any chance?
Commissioner De Yurre: No.
Ms. Mendez: MUCHAS GRACIAS.
Mayor Suarez: All right, thank you, GRACIAS, SENORA, IGUALMENTE. Ma'am.
Please, we've heard most of the arguments at this point.
Ms. Nancy Rodriguez: YO QUISIERA QUE ME TRADUJERAN, PORQUE MI INGLES NO ESTA
PARA...
Mayor Suarez: OK. —
Ms. Rodriguez: MI NOMBRE ES NANCY RODRIGUEZ. SOY HERMANA DE UNA DE LAS
VECINAS Y SIMPLEMENTE ESTOY AQUI... YO SE QUE USTEDES TIENEN SU DETERMINACION
Y TIENEN QUE SABER LO QUE MEJOR LES CONVIENE PARA LA CIUDAD, PERO ESTOP DE
ACUERDO CON LA SENORA PUEDE HACERCE AHI CASAS DE APARTAMENTOS QUE HACEN TANTA �-
FALTA, Y NO POKER... PARA RECUPERACION DE PERSONAS QUE NECESITAN MAS ESPACIO,
MAS SOL- 0 SEA QUE TIENEN QUE TENER JARDINES PARA PODER... NO SOLAMENTE QUE
LOS TENGAN ENCERRADOS EN UN CUARTO. NECESITAN MAS ESPACIO, Y COMO DIJO EL
'
SENOR, EL ESTA DISPUESTO A DAR... A CEDERLES UN LUGAR MAS AMPLIO.. CREO,QUE-
ESE NO ES UN BARRIO PARA PONER UNA CASA DE ESAS CONDICIONES. ESO ES IGUAL QUE
:.
SI NOS LA PUSIERAN EN LA PEQUENA HABANA, 0 SEA, EN LA 14 Y LA 8, NOS PUSIERAN
UNA CASA PARA RECUPERACION DE PERSONAS QUE LO NECESITAN. ESTAMOS DE ACUERDO
CON ESO, PERO SIMPLEMENTE DEBERIAN DE ESE BARRIO, EN VES DE ECHARLO A PERDER,
DARLE BENEFICIOS A LOS VECINOS QUE ESTAN ALLI Y TENER CONSIDERACION CON LOS
BABIES Y LOS NINOS QUE ESTAN NACIENDO. LOS NINOS EN AQUEL BARRIO ANDAN POR LA'
ACERA, PERO CUANDO HAYA UNA CASA DE ESA INDOLE, LOS PADRES VAN A ESTAR, COMO
_
DICE LA SENORA, ATEMORIZADOS CON EL PROBLEMA QUE VAN A TENER. Y USTEDES, COMO
PADRES, PUBS PIENSEN, Y PONGANSE EN EL LUGAR DE TODAS ESAS PERSONAS QUE ESTAN
.'
AQUI. MUCHAS GRACIAS.
TRANSLATION: -My name is Nancy Rodriguez. I'm a sister of one of the —
i hb d I' h d b
ne g ors an m ere to ay ecause you have to make a determination and you
have to.decide what is best for the City. But I'm in agreement with the lady,'
You cam-do,rental apartment which is very important. And don't put a place.
for rehabilitation of people, need more space., more sunlight, They should
have gardens so that they won't be in enclosed rooms. The more room.,. This
ws
is not a place to put a type of facility like this. It should go to another
place where they have more room. This is like putting in 14th and: Sth in
Little Havana and putting a place like this - a type of facility like this in
that place for people that need it, Instead of damaging thiseighbarhpdd,
what'they, should be doing is take into consideration the fact that we should
f
he improving the area, including the kids that live in the areaand that babies
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and so an. if there is a facility like this in this area, the: paronta
going to be worried about what is going to happen with the kids and so_ on.
1
2
173
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Mayor Suarez: OK, thank you, ma'am. All right, counselor, any last minute
clarifications or rebuttal. I can't imagine there's anything that hasn't been
said, but..,
Ms. Burice: Well, the neighbors seem to have two major concerns. The first
one being, what effect the facility will have on their way of life. And I
think that we can handle that with the execution of a covenant that will state
that we will not be taking drug addicts out of the court system and also that
we... I understand there's a concern by the third speaker, whose name I didn't
get, that we would be subdividing the rooms up and that after we get this
approval, we'll have 200 rooms. We would be glad to put in our covenant that
we will not subdivide any rooms and we will only have 56 single occupancy
rooms. The second major concern that everybody in the neighborhood seems to
have is what effect this center will have on their property values. And that
is something that is a really legitimate concern, and this was raised at the
Zoning Board hearing. So at the time that the issue was raised, Mr. Lamadrid
hired an appraiser to study the effect that a substance abuse center,
constructed near a residential neighborhood, might have on the property values
of the neighboring residences. And he hired the services of an MIA appraisal
with Republic Appraisal Company that prepared that report at Mr. Lamadrid's
request. And it was submitted to us on February 7th and it's entitled, "Study
of Probable Effect of Market Prices in the Neighborhood after Construction of
Victory Center Substance Abuse Detoxification Treatments Facility, Located
1098 N.W. 7th Street". And as part of his research, he took similar
neighborhoods where detoxification centers such as this were constructed, and
studied the effects. He looked at Glenbeigh Hospital, St. Luke's Treatment
Center, and The Village Treatment Center. And I would like to hand out to the
Commission and make part of the record, the report that was filed. I'd like
to read just his final statement in the report. It says, "...based on the
above findings, I conclude that no negative impact on the real estate market
should occur in the subject neighborhood. On the contrary, the project should
stimulate and promote growth in the sector." I have one copy for...
Mayor Suarez: Of course...
Commissioner Dawkins: Before you do that, may I ask...
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: You said that the facility will house 50 clients?
Ms. Burice: Fifty-six.
Commissioner Dawkins: Fifty-six. Down here now it says, "...with an out
patient after care program." Approximately how many persons per day would go
into the neighborhood and go into the facility for out patient care?
Mr. GZorge Lamadrid: Mr. Commissioner, that does not necessarily have to take
place on the premises. That's an after care program...
Vice Mayor Plummer: Sir, for the record, who are you?
Mr. Lamadrid: I am George: Lamadrid. I reside at 5288 Alton Road, Miami Beach,
Vice Mayor Plummer: And how are you related to this project?
Mr. Lamadrid: I am the applicant.
Vice Mayor Plummer: OK.
Commissioner Dawkins: OK, all right, sir. I'm going to read from application f.
for a class D special permit of special exception. "...Construction and
operation of a substance abuse detoxification facility for 50," it 'says,$0 s"
here, but 56 clients, "...and 7 staff, shift only, with," now this is your application,".. with an out patient after care program." Now, that 'a what
your application says. And now you tell me that they will not be there,
Mr. Lamadrid: We may be
facilities...
Commissioner Dawkins:
treating after care patients on
How many?
174
the premises, but
Yobrvary 28,
�4
Mr, Lamadrid! It's impossible to say at this point, Let's say.+.
Commissioner Dawkinss Sea, but the neighbors need to know, sir; you know,
'i what to expect as a flow of traffic in their neighborhood,
Mr, Lamadrid: I would say,.. groups of five to ten people.
Commissioner Dawkins: Beg your pardon,
Mr, Lamadrid: Groups of five to ten people on a weekly basis.
Commissioner Dawkins: OK, now, you know, this is your business, not mine, OK?
Five days in a detox center, even if you got it for five days, you have done
nothing but whet the appetite of the individual you're trying to halp. So,
now, I'm just... and I'm going along... I mean, I don't know what's happening
up here. I'm just trying to help go through this. So now, we've got 50
people... no, no, you... you got 50 people for five days. Now, that 50 people
in order for you to be successful, have to continue treatment. You can't cure
them in five days. So, therefore in my opinion, now that's 50 people got to
go somewhere to continue their treatment.
Ms. Burice: Can I answer that question? The...
Commissioner Dawkins: Are you... You're going to run the facility.
Ms. Burice: No, I wanted to answer the question about...
Commissioner
Dawkins: Beg pardon? Are you going to run the facility?
Ms. Burice:
No, sir, I'm not.
Commissioner
Dawkins: Well, then I don't think you can give me
no
professional
advice, ma'am, as to how it will function. You can give me
the
legal advice.
I have no further questions.
Mayor Suarez:
All right, Commissioners.
Commissioner
De Yurre: Mr. Mayor, no, I think it's important and I would
like
to know what
the procedure is from the point that a patient comes into
the
facility, exactly what transpires. You know, how it works. Does he go
out?
Does he come
in? Does she go out? Does she go in? Do they meander about
the
neighborhood?
-or are they inside? I mean, five days, I don't know -who
can
get cured, if they have a chronic problem, who can get cured in five days?
I
don't know...
f
Ms. Burice:
I think...
Commissioner
De Yurre: Maybe something, some miracle type of thing.
t
Ms. Burice:
We are asking for a 30-day maximum stay. I think that originally
r
the reason that the Planning Department looked to us for a five day stay
was
because they were concerned that if we had a longer stay that this might be
treated as beizir,` a CBRF rather than the facility that it is. So, I ,,just
wanted to give you a report that was prepared by Joe Genuardi, and he was
asked....
Commissioner De Yurre: No, but did you hear my question? I would like for
someone to explain to me what the procedure is.
Ms. Burice: Can we explain it on the 30 day premise to you?-because;that 'a
;
what we're..._
�.
Commissioner De Yurre: No explain it to me as what requesting
, P you are re ueatin so I
}
know what to accept, recommend, or deny.r,}
Mr. Burice: OK, we are requesting a maximum 30 day stay, and George, --would
�
you like to address the system on the desk?
4
Mr, Lamadrid: Is the question, what exactly transpires from the minute
person checks in, let's may?
,
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Commissioner be Yurre: Yes, well what kind of procedure do you have! Do they
stay in all day? Are they allowed to go out? You know, how does it work?
Mr. Lamadrid: The patients, as we mentioned that we will be treating, are
assigned or taken into the facility on a voluntary basis. Which means that
they are sponsored by an organization that is going to be paying privately for
the stay and for the care. They are restricted to the facility. In other
words, they voluntarily are interested in staying there and undergoing the
treatment, because if they don't, they may not be taken back into their jobs.
F
Commissioner De Yurre: OK, now, but let's say a person comes in. You start
treatment. Is that person restricted to stay within the building?
Mr. Lamadrid: Yes.
Commissioner De Yurre: At all times?
Mr. Lamadrid: Yes, there's a security on the ground floor to make sure about
that. We have basically a limited access, two ways of getting out of the
building and everyone... it is monitored by television. ;
Commissioner De Yurre: So are you telling pretty much it's like a hospital
type setting that you go into the hospital and until you're cured or one way
or another, they're going to take you out.
Mr. Lamadrid: That's right.
Commissioner De Yurre: So, it isn't like a hotel kind of setting.
Mr. Lamadrid: Absolutely not. No.
Commissioner De Yurre: So, none of the 56 patients that would be using one of
those beds is going to be in and out, walking around the neighborhood, hanging
out.
Mr. Lamadrid: That's correct, they are not.
Vice Mayor Plummer: Is what you're saying is that once they check in, when
they check out they're gone.
Mr. Lamadrid: That's correct.
Vice Mayor Plummer: Now, you realize anything you say, we're going to put in
a conditional use and if found to be the contrary, you lose that use. So you
better make damn sure what you're saying is true. OK? Just in case this
thing is approved. Now, let me state it again. Regardless of the number of
days itL might be determined - and I don't think five is reasonable, I don't
think you can dry a person out in five days - once that person checks into
that facility voluntarily, when he checks out - regardless of the days - he is
;
gone.
it
-;'
Mr. Lamadrid: He will not be checking back into the facility.
'-Al
Commissioner Dawkins: Out patient or in patient.
'
Mr. Lamadrid: It's difficult for me to answer that question, because I don't
want to.preempt what a doctor would need from that patient. It's unreasonable
for me to say that, if a patient is dismissed from the facility, having
undergone treatment, that he will never -again step foot in the facility.
r
Commissioner De Yurre: Well, maybe you have to find an alternate satellite
place to deal with that.
X.";;
Mr. Lamadrid: That's normally what is done. They move €rom,..
Commissioner De Yurre: OK, so then you got no problem saying that part of the
.:
condition would be that you have the 56 beds for in patients only that are
r„
,.
going to remain in the property. That the only time the neighbors are, going
to see him is the day they check in and the day they check out.
Vice Mayor Plummer; Plus, you could put a one year limitation of r..Otura,
t
176
- t 5 E
la
i
j Commissioner Dawkinss No, you know, it's...
Commissioner Alonsos It is customary 30 days for treatment as such?
Mr. Lamadridt Yes, the customary program lasts...
Commissioner Alonsot Is that... in 30 days you resolve the problem?
Mr. Lamadrid: Most of the people don't have to stay 30 days.
Commissioner Dawkins: You know, we...
Commissioner Alonso: I don't why we have so much problem with drugs if people
are cured so easily.
Commissioner Dawkins: We are really and truly talking fantasy. It's
impossible almost to have a person who is hooked on substances even remotely
off of dependency where you don't have to deal with it any more even for one
year, let alone five days. So, you know, we should at least be honest with
these neighbors if you tell them that we are going to treat people who have
substance abuse problems, and that's it. But to promise them that they will
be there five days, promise them they will be there 30 days, I'm not going to
vote for five days, I'm not going to vote for 30 days.
Mayor Suarez: All right, let's go Commissioners. We must make up our minds.
We've decided, we've argued, we've thought, we've analyzed what will take
place there, we've gotten the best kind of a feel for it. The criteria, once
again, Sergio or Guillermo, are what? -compatibility, at cetera?
Mr. Rodriguez: Yes, the criteria is, you have to take...
Mr. Olmedillo: Ingress and egress and....
Mayor Suarez: Transportation issues...
Mr. Olmedillo: ... garbage and disposal of sewage, access. And you have the
potential adverse effects into the neighborhood.
Mayor Suarez: Potential adverse effects. All right.
Mr. Andy Bolano:May I make one comment?
Commissioner De Yurre: One quick comment.
Mr. Bolano: -In light of the staffing problems within the City of Miami. In
light of over burden in zoning, do you think it's realistic that this could
ever really be policed?
Y;..
Mayor Suarez: Well, that's an interesting point. We don't typically have
much by way of police powers as to this kind of facility. I guessthey're
'
licensed by HRS, but...
Mr. Bolano: I think once you...
Mayor Suarez: ...but as to the impact on the community that would result in
d -
the other kinds of enforcement, your question is a good one. And we
~
understand it to be more than just a rhetorical question, but, you know, we
have enough other headaches. And actually, the
6 , y, general view'of this
Commission is that we .have an over concentration of all of .these kinds .pf
�-
facilities in our entire City of Miami. We have tried to limit them inmost
neighborhoods. We have tried to impose distance requirements. We have tried
to suggest to jurisdictions like Coral Gables, North Miami Beach today, at
cetera, at cetera, Indian Creek Village, at cetera, that they also take their
share of people who have a variety of problems. But, so far, we haven't been
rzfi
too successful with that. One way, I suppose, is b not allowing'an more;in
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the City of Miami, and I guess that's one of the avenues here today.
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Commissioner De Yurre: Mr. Mayor, I think that the concerns that the
v
residents have in that area - and that's an area that I'm"very familiar with,
F
I just, mentioned before I grew up in that $lea - is a legitimateQua.. you
'
know, wt3're talking about situations wherein it's an area that has not b0 A
suable because it's a lot of migratory situations going on, people move tal
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We moved in there, you Move out, you move on, others move in+ My conoern is
again, for the children, for the family, the quality of life of that area,
That if you're going to have patients in that facility being able to wander
and live - just like to live is if they rented a room in that neighborhood,
you know, I cannot support that effort. I need to know first of all, that
there is not going to be any out patient treatment, number one. I need to
know that the procedure is that once the patient, just like a hospital, once
that patient checks in, it will be in. As long as it stays in that place,
it's going to be in that facility and not going out unless they check out.
The building I think is positive for the area. It's a nice looking structure.
I think it adds value to the area. But the concern is the impact of the
activity of the use that it's going to have on the immediate neighborhood.
Now, if that use is going to be confined totally inside the structure, then I
can see myself supporting it.
Ms. Burice: We would agree for that to be a condition of the approval. That
the patients would remain on the premises in the building, and that we would
not treat out patients at that facility.
Commissioner De Yurre: Also, that we would have a one year review period.
Ms. Burice: Yes, we would agree to that.
Commissioner De Yurre: Let's see, what else? What else can we... what else
is troubling?
Mayor Suarez: While you think about that, let me just pursue one question
from the planning standpoint, a more generic question. What ever happened to
_
the notion that these kinds of facilities should be located in pastoral
settings? -out in the countryside some place. If we, as a community, Dade
County, were inclined and Miami and so on to say these things really make more
sense for people who can see trees and grass and some expanse of territory.
Would that somehow go counter to the latest thinking and planning for
metropolitan area? Is that... I mean, they obviously don't have any
transportation needs via a via the inner-city, because they don't expect to be
working, they expect to be under treatment essentially and supervision. You
would think that this would make more sense in the outlying areas.
Mr. Rodriguez: The way we look at this was a place where it will be... the
people will be taken for a few days only and then the next step, which is when
they are more aware and I guess, more relaxed, they will go into the next type
of facility like the one you are talking about without being...
Mayor Suarez: Well, I would have thought the other way. I would have thought
the one of intense residential supervision, care, and treatment would be the
farther away from society the better. The more, you know, in their own
environment, the better. Anyhow, that would be my...
-
Mr. Rodriguez: Well, we felt that in this particular case, the first few days
the person is going to be probably confined even to the room if it is given as
a treatment with another drug. And without being an expert on this service
specifically, we felt it makes sense to do it that way.
Commissioner Dawkins: Mr. Mayor, I feel that this should be outsidetheCity
limits. I, for one, definitely have a problem in that most of my youth are
hooked on drugs and I just cannot sit here and vote for a beautiful structure
like that to be placed in a neighborhood - even though its a treatment center,
and .God knows we need treatment for substance abuse - but that should be out
where little boys and girls don't have to look at it and say, hey, what the
g
hell, I can use drugs and go in there and get. treated. Now, that's just my
r
personal opinion.
t
(APPLAUSE)
i
t'.
Mayor Suarez: Please, please, please.... Thank you, thank you. We certainlyT
know how you feel. All right, anyone else? I'll entertain a motion :on this ,
item one way or the other. If anyone has any other comments to make, Not
-
from you, you don't make the motions yet. Not from you either. No, no, np,
no more. We've given you more than,.. we've given you a rebuttal tv a
rebuttal, UK, Commissioners, anybody? Will it die for lack of interest?
Ii11 move denial of the appeal. So moved,
diy-,
d3C
i
P
178
,
.0
Vice Mayor Plummer:
second?
Commissioner Dawkins:
Motion made by the Mayor to deny the appeal.
What does that mean?
Mayor Suarez: is that the correct thing that I think I'm doing? -not to...
Commissioner Aloneo: It will mean that we will go with...
Vice Mayor Plummer: The application fails.
Mr. Rodriguez: Completely.
Vice Mayor Plummer: There's a motion. Is there a second? One
there a second?
Commissioner Dawkins: Second.
Vice Mayor Plummer: Seconded. There is a motion made and seconded for denial _
of the application. Is there any further discussion by the Commission? That
means the motion is understood. Call the roll.
The following resolution was introduced by Mayor Suarez, who moved its
adoption:
RESOLUTION NO. 91-177
A RESOLUTION DENYING AN APPEAL FROM AND AFFIRMING THE
DECISION OF THE ZONING BOARD TO DENY A SPECIAL
EXCEPTION FROM ORDINANCE NO. 9500, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, SCHEDULE OF
DISTRICT REGULATIONS, PAGE 2 OF 6, PRINCIPAL USES AND
STRUCTURES, TO ALLOW THE CONSTRUCTION AND OPERATION OF
AN 18,883 SQUARE FEET EXTENDED CARE FACILITY FOR 56
SUBSTANCE ABUSE CLIENTS FOR THE PROPERTY LOCATED AT
626 NORTHWEST 11 AVENUE, 627-699 NORTHWEST 11 AVENUE,
AND 1058-1098 NORTHWEST 7 STREET, MIAMI-) FLORIDA, ALSO
DESCRIBED AS LOTS 8 AND 9, BLOCK 1 AND SOUTH 46' OF
LOTS 1 AND 2 BLOCK 2, LAWRENCE ESTATE LAND CO., AS
RECORDED IN PLAT BOOK 2 AT PAGE 46, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, AS PER PLANS ON FILE;
;. ZONED RO-3/6-RESIDENTIAL OFFICE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)—
u
Upon being seconded by Commissioner Dawkins, the resolution was passed
z:
and adoptedbythe following vote: },
AYES: Commissioner Victor De.Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
*Vice Mayor J. L. Plummer, Jr.
Mayor.Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
*Vice Mayor Plummer: I'm going to vote with the motion. I hate to do it, I
- re:ally do, because of the need. I think this kind of facility, maybe in
another location, might be different. But it is, in fact, a facility that is r
3-
diffe:rent than any one that I have ever seen broached in this community, 11md
that difference is, this is on a voluntary basis, not by government, nq�t
mandated by the courts. And I would hope people of this center would -`
- Pe that the P P
establish this situation is some other location because I thiak it isv
definitely needed in this community, The motion passes.
CM MMTS MDR FOLLOWING ROLL GALL:
179 't s_
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xM * � -
Commissioner Alonso: And one good advice will be to treat with the neighbors,
and work out the situation with them as to understand the problems and perhaps
agree on a way that is acceptable to the neighborhood. Because definitely,
the way it was presented today it Was not.
Vice Mayor Plummer: The motion of the Mayor has passed. The matter is
denied. Thank you.
-------------------------------------------------------------------------------
41. SECOND READING ORDINANCE: AMEND 11000 FOR BLOCK BOUNDED BY BISCAYNE
BOULEVARD, N.E. 60 STREET AND N.E. 5 COURT FROM 0 OFFICE TO GI
GOVERNMENTAL AND INSTITUTIONAL (LOTS 1-6, BLOCK 4 - BAYSHORE REVISED
SUBDIVISION) - CONTINUE REMAINING PORTIONS OF PROPOSED ORDINANCE TO JULY
25TH MEETING (LOTS 2 AND 3, BLOCK E - BAYSHORE REVISED SUBDIVISION) -
COVENANT PROFFERED (Applicant: Cushman School).
------------------------------------------------------------------------------
Mayor Suarez: OK, PZ-18, Cushman School. What do we have left to do with
Cushman School?
Commissioner Dawkins: Yes, what are you back for? What are you back for?
Al Cardenas, Esq.: Well, we're back for second reading.
Mr. Guillermo Olmedillo: PZ is the second reading for a zoning change to the
property...
Commissioner Dawkins: Who moved it last time for ,you? Who did you a favor
last time?
Mr. Cardenas: Everyone, thankfully.
Mr. Olmedillo: ...located on N.E. 60th Street and 50...
Mayor Suarez: I'll entertain a motion on PZ-18. Does
anyone wish to be
heard....
Commissioner Dawkins: Move it. Move it.
Commissioner Alonso: Second.
Mr. Olmedillo: I have to clarify something for...
Commissioner. Dawkins: Move it.
Mayor Suarez: ...against? No.
4
Commissioner Alonso: Yes, oh please.
Mr. Olmedillo: I have to clarify some...
^t�
Mayor Suarez: I am going to take your clarification
in asecond, Mr:'
Olmedillo. But I'm entertaining motions right now.
- r
Commissioner Dawkins: I move it.
Mr. Olmedillo: I'm sorry, sir.
Mayor Suarez: And they're being moved.
Commissioner Alonso; Yes, second.
Fit
Mayor Suarez: Could you please hold it.
".
Commissioner Dawkins: She seconded.-s
Commissioner Alonso: Yes.r
a
Ma or Suarez: Thank you, Now, what do
y you need to clarify,
-
Mr. olmedi19?
r
Y4i+a
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4 �.
Mr. Olmedillo: Point of information. The only portion that you can consider �
today is the triangular piece, not the other one that is just to the northeast
of it. Because the legal description hasn't been satisfied, The requirements
of the legal description haven't been clarified, and the Law Department hasn't
been satisfied on that issue. So, we recommend that you move on the triangle,
and you continue the rest of the item for a later date.
Mayor Suarez: Does that make sense? Is that what you want? Is that what you
don't want?
Mr. Cardenas: Yes, that's acceptable, Mr. Mayor.
Commissioner Dawkins: That's acceptable?
Mr. Cardenas: Yes, sir.
Mayor Suarez: What is she doing wearing the OEOW (Overtown, Edgewater, Omni,
Wynwood)? You're not from that area.
Unidentified Speaker: That's later. Yes, I work there in that area, nearby.
That's the later thing.
Mayor Suarez: OK.
Commissioner Dawkins: She can live in that area.
Commissioner Alonso: Of course.
Mayor Suarez: You work in that area, she says.
Commissioner Alonso: And if not, she can always move to the area.
Mayor Suarez: You work in that area.
Unidentified Speaker: I work nearby there, yes.
Mayor Suarez: You're extending your jurisdiction, Doctor. OK, so you said it
makes sense as suggested?
Mr. Cardenas: Yes, sir, we've agreed with staff on that item.
Mayor Suarez: We've heard from you before. Do you want to add anything -to
what you've told us before? I know you had concerns about traffic, et cetera.
Mr. Horace Fish: Yes, if you're talking to me. All right. I, don't hear so
well, Mr..Mayor, so...
Mayor Suarez: OK, yes...
Mr. Fish: Please put up with me.
Mayor Suarez: And we do have a little noise in the chamber still. So we're
hoping to clear the back of the chambers of the prior items, proponents, and
opponents, and, hopefully, they will realize that there'snothing further for
them to do in these chambers, and plan their day in court for the future. OK;
Give us name and address.
Mr. Fish: OK, I have several things to point out.
Mayor Suarez: Name and address first, please.
;I
s
Mr. Fish: I'm Horace Fish at 5984 N.R. 5th Court. And I have several things
to point out to the entire panel here. First of all, I have with me:a copy of
�A
theminutes from the previous meeting, I believe November 8th. I. Want to
point out to you that I'm a registered voter in the City of Miami, The school
principal, Dr. Lutton, I believe lives in Miami Shores. Last time Dr. Lutton
said that they put up stakes on the median so people can't park there :any.
more, Hal ha! haf
Mayor Suarez; That answers that.
�
Mr. Fish; That answers that, yes,
,.
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8l FRb ery 91
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Commissioner Alonso: Very eloquent.
Mr. Fish: The stakes are knocked down, the people park there, they have the
cops come over and tell the people to park on the median.
Mayor Suarezt What do you mean, their cops?
Mr. Fish: City officers who come in and tell the people, the parents and
others from the school, to park on the median and to block the street by
parking right in the middle of the street all the way down to Biscayne
Boulevard,
Mayor Suarezt Do you have off -duty City of Miami police officers?
Mr. Cardenas- Sir, after the first meeting of the Commission, if you'll
recall, the gentleman made a number of suggestions and comments. We proffered
to the City on February 20th a covenant running with the land, together with a
traffic flow plan, to satisfy what I felt were the concerns expressed at the
first reading. And what we did was, we voluntarily proffered to maximize the
number of enrolled, tuition paid students to 300. Give ten full time
scholarship to minority students. We agreed that we would only have one
nighttime event a quarter because that was the consent of the gentleman. We
agreed that there would be no more than four per year. We agreed that those
four events would last till no later than 10:00 p.m. And we also presented a
traffic flow plan which we reduced by 30 percent the estimated traffic flow
through the area. We have planted the stakes as we committed to do. We can't
help it if every once in a while they're taken down, but they have been up.
To my knowledge, the instructions are that they continue to be up and will
continue to try to replace the stakes in the median as best we can. But we've
answered every concern that was expressed at that meeting, I thought.
Mr. Fish: All I get is words, but the actual deeds are that the street is
blocked. Now, I want to change the subject for just a moment and then I'll
get back to... Mr. Vice Mayor, you asked for a list of people - the minority
students - and they said they would give it to you for this year and next
year, school years. I don't know whether you've received them, I hope you
have. If you haven't, this is one more he, ha, ha from the school.
Unidentified Speaker: I know, we did. I sent him that the next day.
Mr. Fish: These people at the school ride roughshod over the community., and
over the City. During their so-called vacation from Christmas to New. Year's,
the school hired Paul Simas Company to come and trim trees on City property.
I don't think they had City permission. I object to it because the trees
blocked the view of a horrible school across the street, and some of the
horriblethings that are going on there. If you tolerate this, that's up to
you. You're running the City, not me. But, I would point out to you, I'm a
voter here and the voters in the neighborhood are against it. Now, I have
with me another neighbor here, Mrs. Smith, who was not here before because of
f amily problems. But she also opposes it. Now, furthermore, let me tell
you...
�7
Mayor Suarez: You know, the things that you're describing, the way you're r
describing them sound the horrible thing, the things that are going on over
there, sound a little bit like what was taking place in Kuwait. I'm sure you
don't mean to state it quite in those terms, but whatever it is that's going
on over there by way of obstructing the streets or using City of Miami police
officers on duty or off -duty or whatever to tell people to park in places
they're not supposed to park, and otherwise to kind of take over the streets
for use of the school is not really proper. So, we certainly -hope that
whatever happens here, you give him relief on that score, Doctor. I don't
know if he's referring to the average everyday attendance pattern at the n
school or specific events. I presume that... are you talking about when they
pick up the kids and when they drop them off?
Mr. Fish; I'm talking about all hours that the school has people coming #r
there. Now, I want to point out something also, They claim that theyf r
going to keep the same number of students,
Mayor Suarez:
I�.
�k)
They sure are because I think we built that in as a... ,y
Mr. Fight Well, wait a second.
Mayor Suarezt ...guarantee.
Mr. Cardenas: Yes.
Mr. Fish: Mr. Mayor. Mr. Mayor, let the point out something to you that they
had the same number of students that they had at one time before, 300 or 310.
Mayor Suarez: Yes, we went through that last time you testified.
Mr. Fight Yes, but what they don't say is this. They used to have a whole
bunch of students come in in much fewer vehicles. Now we have a whole lot of
vehicles because there are fewer students per vehicle. Now, if you want
pictures, I can get them and send them to you. But my street, my driveway, is
blocked regularly. After the last meeting here in November, they said they
would have only one meeting in a quarter. They had one meeting that week and
two in December. And that is certainly not...
Commissioner Alonso: Do you mean to say that the way of transportation has
changed?
Mr. Fish: The number of vehicles has changed. It used to be comparatively
few vehicles, now it's a whole lot of vehicles because apparently there's
fewer children per vehicle. In other words, if they had 300 students before,
they might have had 150 cars. Now they have 300 or close to it. In other
words, what I'm trying to say is there are fewer children per vehicle. The
number of students may be there. But the traffic is impossible.
Mayor Suarez: People are buying more cars. OK, thank you. Any else, ma'am?
Ms. Cindy Smith: Yes.
Mayor Suarez: Name and address.
Ms. Smith: Cindy Smith, 5999...
Mayor Suarez: You can lower the microphone to your...
Ms. Smith: Five, nine, nine, zero N.E. 5th Court. I'm directly across from
the school. What I'm objecting to is there is no off-street parking.
Faculty, parents, anybody who comes to that school has to park on the street.
They have made no arrangements to park otherwise. My son has to be in school
at 8:00 o'clock in the morning. I have to drop him off at 7:30 so that I can
get out of my driveway and return home before my driveway is blocked. It is
blocked everyday. There is no off-street parking. They made no
arrangement...
Mayor Suarez: Where do you call when your driveway is blocked?
Ms. Smith: Why...?
Mayor Suarez: Where do you call, where would you call? Do you have a way
that you can let us know that because, you see, if you tell us your driveway
is blocked, but we don't hear from you, it's impossible for us to 'monitor
that.
Ms. Smith: The only way I could do it is to take'pictures everyday,
Mayor Suarez: Do you call the Police Department? Do you call City Hall?
Where do you call?'
F
a
Ms. Smith: What I usually do is, I go to the - I don't see the` nan here
today. He's usually outside, an older man. I tell him I can't get out of MY
driveway again. He locates the parent who is blocking my driveway, he, in
turn, tells the parent, "Move the car."
Mayor Suarez: If you are blocked one time by a teacher or employee of that
school and you call our number...
Mr. F shs Yes, I have been.
r
Mayor Suarez, Steil, if you are in the future; and you call 250-5300 or any of
the Commissioners. That happens to be my number. Any of the Commissioners,
and we verify that, I am inclined, if it's an employee or a teacher of that
school, to hold a special session and revoke whatever it is that we're about
to give them today. That's how strongly we feel about that. That is an
imposition on you and is highly unfair, and you should not have to go through
taking pictures or calling the Police Department or anybody else.
Mr. Fish: Thank you, sir.
Mayor Suarez: You could call one of us and we're liable to go out there and
make sure the car gets towed right away and that will never happen again.
Because that is an absolute infringement on your rights and the school has to
monitor that extremely carefully if they expect any relief from us and any
help from us. But you...
Ms. Smith: Well, it's basically...
Mayor Suarez: ...maybe weren't being vigorous enough in...
Ms. Smith: It's basically drop off, pick up. They have younger students
there which, of course, the parents have to support their children in. They
can't just let them off at the street, and expect them to get to where they
need to go safely. So therefore, they park the car, take...
Mayor Suarez: No automobile can be parked... even with the engine in idle, in
front of your driveway for even half a minute.
Ms. Smith: It is still parked.
Mayor Suarez: That is, far as I know, highly illegal, highly improper, a
nuisance, and I don't want to give you any other ideas of what you might be
able to do legally with the school, but I've just given you some. All right?
But one way to deal with it is to call us right away here - presumably it's
during working hours, because it won't happen at night - and we'll be
attentive as will the Police Department. No one can park in front of your
driveway, not even for a second. They cannot leave their car there on idle
and get out to take the kid across the street or anything like that. The
school has got to make provision for that. I don't even have to tell you,
counselor.
Ms. Smith: Now, the second problem is, is that everybody is dropped off
relatively at the same hour of the day.
Mayor Suarez: That is... is there any way stagger the class starting times?;
or do you have that already?
Unidentified Speaker: It is, but we changed it, yes, but we could consider
that.
Mayor Suarez: A little bit more, stagger a little bit more so that everybody
doesn't... maybe we can work on that.
Ms. Smith: And it's done at the peak hours of Biscayne Boulevard, people
getting work. Therefore, the traffic is backed up all through 5th Court, down
Biscayne Boulevard, past 61st Street. The turning lane, which would be the
extreme right lane would be blocked all the way down because the parents are
stuck on Biscayne waiting to turn into 5th Court to get around the one-way r}
street.
Mr. Cardenas: What I'd like to do is give
a chance to the new traffic flow
plan to work. We hope that will divert 30
percent of the traffic by now,
making it mandatory to the parents who are
from preschool to first grade to
pick up the kids at the back of the school and that should, hopefully, be
quite helpful.
Ma. Smiths That's my back gate. Yes, they
do that too.
Mr. Cardenas; Yes.
Mayor Suarez; It's a great imposition on
the neighbors, really, everythiins
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s
that is happening there. If we're inclined
to grant this, it will be beoause
184
.February 2-4, J"I.
f,
of other factors that we've discussed before, but anything you oat do, please,
to stagger more the classes. It might require your teachers to stay a little
longer and I know they're going to want to get paid more, but maybe that's the
price you pay to make their life a little bit less miserable as you take over
their streets. I know, I've been there during times that they get dropped off
and picked up, and it really is a mess. OX. They're going to work on the
traffic patterns and they are going to stick to the limit of the number of
students and we'll do the beat we can. But keep calling us and keep making
sure that we enforce proper laws that protect your property rights. Last...
Mr. Fish: Mr. Mayor, I want to point out a couple of things to you. When I
wanted to get out of my driveway today and I wanted to back out...
Mayor Suarez: Today?
Mr. Fish: Today. Today, everyday that the school has people there. People
park in the median and I'm unable to back out of the driveway.
Mayor Suarez: I wouldn't suggest anyone parking in the median because that
also is illegal.
Mr. Fish: I beg your pardon?
Mayor Suarez: That also is illegal, parking in the median.
Mr. Fish: I know it is, but the police even tell them on special occasion,
park there. They put...
Mayor Suarez: Well, we do have extraordinary situations every once in a while
when we allow people to park on medians, but that would not be dropping off =
and picking up kids from a school. That's for sure.
Mr. Fish: OK, the other thing, I have a...
Commissioner Alonso: Maybe one day the Police Department can go there, give
enough tickets and people will get the message loud and clear.
Mr. Fish: I have a partial sol....
Mayor Suarez: I think we're going to have to do some enforcement. We're
going to have to do some enforcement. It sounds like a lot of your complaints
have to do with enforcement of the law, not just their particular...
Mr. Fish: Well, it's not the school cars that are parked there, although some
of teachers cars have been parked across my driveway. However, let me point
out something...
Mayor Suarez: The same point to you, sir. You've got to be - and I know that
we're imposing something on you that is essentially our responsibility - but
you've got to help us to fulfill it. You've got to call us when there are
cars parked in the median.
`'. Mr. Fish: What's your phone number again, Mr. Mayor, 25....
Commissioner Alonso: Maybe...
z
Mayor Suarez: Two five oh, fifty-three hundred. The City Manager.is 250
5340.
' Mr. Rodriguez: Fifty-four hundred.
�> Mayor Suarez: Fifty-four hundred. You want to make sure you catch that one,
Y B powers. 250-54Q0. They've of enforcement powers, they've got administrative
We're just legislators up here, but we'll try for you also. rx
Mr, Fisht Thank you, sir. I have one suggestion. If you're going_to allow t
,. this to continue, I have one suggestion that might alleviate some of the a
. problem. They have so-called safety officers there, little kids, for the k'
r.
' crossing. I don't know why they don't have one of the safety officer$
protecting the driveways and the adjacent and the median. `2
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Mayor Suarez: I would strongly suggest that someone keep an eye on the
surrounding property owners. There's not that many. How many are there all
the way around that? Other than Biscayne Boulevard, there's probably...
Mr, Fish: There's one, two, three, four, five homes and business apartments
and motels.
Mayor Suarez: You would think that you would make a great effort to protect
the access of people to their own homes so that this can be done in consonance
and compatible with the neighborhood and their lives.
Mr. Fish: And day and night, please, sir. Day and night.
Mayor Suarez: What's going on over there at night? -I thought they were only
supposed to have one event per quarter?
Unidentified Speaker: And we always have officers at night.
Mr. Fish: Yes, well they already had three in November and December.
Mr. Cardenas: Not in the evening, sir. We had three special events, but only
one in the evening.
Mr. Fish: Oh, yes you did, because I counted them.
Unidentified Speaker: No. We had the Christmas play at night and that was
it.
Mayor Suarez: Well, if you'd count more than one per quarter in the evenings,
we need to know that too. Please give us the date and time in the future,
because that would be a violation of what? How did they build it in, Sergio?
Mr. Cardenas: One per quarter.
Mr. Rodriguez: One per quarter.
Mayor Suarez: In what form?
Mr. Rodriguez: Let me check one second on the covenant, OK?
Mayor Suarez: Was that a covenant? Was that a promise? Was that a
condition? Was that a pledge? Was that a...
Mr. Cardenas: Covenant running with the land.
Mayor Suarez: It is a covenant running with the land. We can enforce that.
Mr. Cardenas: Yes, sir.
Mr. Rodriguez: Yes.
Vice Mayor Plummer: Well, let me tell you, Mr. Mayor - Al, you better listen
to this, you might not want to hear what I'm going to tell you. We can't
contract zoning as you well know. But we can accept your voluntarily, placing
in escrow a performance bond for six months. If you don't perform as you have
x'
guaranteed this Commission here tonight, you forfeit that bond. How much
would you like to make that performance bond? Excuse me, for the edification
of my colleagues, I have run it by the City Attorney and it is legal.
Mr. Fish: Thank you, Mr. Plummer.
Vice Mayor Plummer: Don't thank me yet, he hasn't proffered anything.
za
Mr. Rodriguez: Basically, what you're saying in...
Vice Mayor Plummer: What I'm saying is that they voluntsear to put up> a
performance bond.
Mr. Rodriguez: To comply with the...
'
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Vioe Mayor Plummer: That bond in whatever amouut is determi4od'would;bv that
they.wil l perform as they have guaranteed this Commission here this ove04g.
'
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If they violate and do not perform as they say with a given "X" number period
of time, they forfeit that bond to the City Commission.
Mr, Fish: Mr. Commissioner, would that include parking on the median strip
too?
Vice Mayor Plummer: Sir, whatever they proffer. They have proffered in a
covenant to do "X", "X," "X," and "X," If they don't do "X," "X," and "X" and
they violate it, they forfeit that bond to the City Commission. I'm asking,
how much are they willing to put up in a performance bond to back up with
their money, what they have said? Now, they've come here and volunteered that
that's what they're going to do. I'm asking for assurance that what they say
they're going to do, they're going to do and I think they're honorable people.
But if something slips up and they don't, then if this Commission accepts the
amount and the time...
Commissioner Dawkins: Down the drain goes the money.
Vice Mayor Plummer: That's it.
Mr. Cardenas: Mr. Mayor and Mr. Plummer and members of the Commission, four
items. Number one, as you know, Cushman School is a nonprofit organization
and...
Vice Mayor Plummer: I understand that, sir.
Mr. Cardenas: ...and as you may also know, our financial situation is not
what we'd like for it to be. We...
Vice Mayor Plummer: All of that aside, all I'm saying is, you have proffered
a covenant...
Mr. Cardenas: We would like to pledge, right...
Vice Mayor Plummer: ... that says you will do this, this, this, and this.
Mr. Cardenas: Right. We will proffer a performance bond in the amount
:of
$2,500 to assure the fulfillment of the covenants which have been voluntarily
proffered to the City...
Vice Mayor Plummer: For what period of time?
Mr. Cardenas: ...for a period of six months.
Vice Mayor Plummer: I will accept voluntarily $5,000. Al, it shouldn't
be
any matter. If you say you're going to do what you're going to do, it's
not
'
going to cost you a dime.
Mr. Cardenas: Right. That would be $5,000 is what we proffer...
Vice Mayor Plummer: For six months.
Mr. Cardenas: ...for six months.
Vice Mayor Plummer: All right, now, Mr. City Attorney, that is placed
in
escrow. Madam City Attorney?
Miriam Maer, Esq.: I believe the voluntary proffer of the covenant with
the
attached performance bond could be delivered to our office...
Vice Mayor Plummer: That's fine. Now...
Me. Maer: ...and in terms of the performance bond it would set forth..,,
<r
Vice Mayor Plummer: ...we've established that. Now, let's go to the next
?
criteria. Tell me exactly in the covenant what 'you're going to do and
not
break faith with the City.
Mr. Cardenas: Well, we've already
proffered
i
the covenant. It basically... ;
Vice Mayor Plummer: Read it to me
again, so
everybody understands what you're 3
going to do in the covenant.
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Mr. Cardenas: May I summarize it for you?
Vice Mayor Plummer: Please do.
Mr. Cardenas: OR. We will limit the number of tuition paying students to a
maximum of 300...
—
Vice Mayor Plummer: OR.
Mr. Cardenas ...which is an amount of students who we've had in previous
years.
Vice Mayor Plummer: OR.
Mr. Cardenas: We will have ten full-time minority scholarships every year.
Vice Mayor Plummer: Fine.
Mr. Cardenas: We will only have one nighttime event...
Vice Mayor Plummer: Excuse me, I will exclude that from the performance bond.
Go ahead.
Mr. Cardenas: OK. We will have one nighttime event per quarter only; a
maximum of four per year. We will terminate those nighttime events no later
than 10:00 p.m. We will abide by the traffic flow plan which has been
proffered and in conjunction with a covenant running with the land.
Vice Mayor Plummer: OK.
Mr. Cardenas: Now we obviously don't have the police power to remove cars
a
from the median strip.
Vice Mayor Plummer: We do.
Mr. Cardenas: Right. You do. And certainly we will abide by that and
anything else you wish for us to do on that basis. We can't proffer it,
however, to police public areas.
Vice Mayor Plummer: I'm only letting you off the hook for $5,000 because
you're a nonprofit.
Mr. Cardenas: OR.
Vice Mayor Plummer: Mr. Mayor, based on the proffer... That is a volunteer
4'
proffer. Mr. Cardenas, is that correct?
y
Mr. Cardenas: Yes, sir.
ter,
Vice Mayor Plummer: All right, sir. Based on the proffer 'that-�is made and
the performance bond to back it up, I will move -item 18.
Mr. Cardenas: 'Mr. Plummer, just two housekeeping items. The portion.that was
not being discussed, we have - if it's acceptable to:the Commission - we have
discussed it with staff and would like to have it continued to: July. And
also, there are some minor technicalities ontheopinion of title that we're
working with staff and we have voluntarily proffered as well, and -want it laid
on the record that no building permit would be issued until suchtimeas those
technicalities have been worked out to the satisfaction of the City Attorneys
office.
Vice Mayor Plummer: I'll ask staff for their opinion. Staff, do you have .any
objection.to that?
Mlr. Rodriguez; As to continuing to July? If there is no legal problems, mo.
'h
th one is a le Al uestion
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Vice Mayor Plummer; OK,
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Mr. Rodriguez; The one about the title.
n,
- --� .- --
Vice Mayor Plummer: OK.
Mr. Fish: May I ask, are we protected in any way now on this bond part
perhaps by some other means?
Vice Mayor Plummer: You've heard, sir, what the bond covers.
Mr. Fish: But the...
Vice Mayor Plummer: If they violate any of those provisions, they forfeit
their bond.
Mr. Fish: Mr. Plummer, does that include people parking in the median?
Vice Mayor Plummer: No, sir, they cannot control except their employees who
parks in the median. Anybody else would be a police matter as it would be in
any given location, air.
Mr. Fish: How can we get the police to correct this?
Vice Mayor Plummer: Sir, the Mayor has informed you to call his office or the
City Manager's office, and they will send out the enforcement detail who will
write them some very nice tax notices for the coming year, called tickets.
Mr. Fish: OK. But I don't approve of anything being done by the school, but
I'll go along with what you people say.
Vice Mayor Plummer: All right, sir.
Mr. Fish: Thank you for your help. I appreciate it.
Vice Mayor Plummet: They put their money where their mouth is.
Mr. Rodriguez: The second part will be continued to the second
meeting in
July, the planning and zoning agenda.
Vice Mayor Plummer: That's fine, sir.
Mayor Suarez: OK, so moved and seconded.
Vice Mayor Plummer: I moved it, sir.
Commissioner De Yurre: Second.
Mayor Suarez: Seconded. Any discussion? If not, please read the
ordinance.
Second reading. Call the roll.
AN ORDINANCE -
t,;
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
N0. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
�R
CITY OF MIAMI, FLORIDA, SAID ATLAS HAVING BEEN
}'
INCORPORATED IN THE ORDINANCE BY SECTION 300 THEREOF,-
f
BY CHANGING THE ZONING CLASSIFICATION FROM 0 OFFICE TO
GI GOVERNMENTAL AND INSTITUTIONAL FOR THE BLOCK
r#
i,
BOUNDED BY BISCAYNE BOULEVARD, NORTHEAST 60 STREET,
s
AND NORTHEAST 5 COURT; ALL DESCRIBED AS ALL OF BLOCK
,s
.
4, BAYSHORE REVISED, AS RECORDED IN PLAT BOOK 9, AT
PAGE 60, OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA, AND BY MAKING ALL THE NECESARY CHANGES ON.
PAGE NO. 14 OF SAID ZONING ATLAS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Pawed on its first reading by title at the meeting of , was taken up
for its second and final reading by title and adoption. On
motion of
Commissioner Plummer, seconded by Commissioner De Yurre, the Ordinas}cs w-s
thereupon given its second and final reading by title and passed
and ado pxad
.
by the following voter
J
oi:1- 49
.- .
..
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2 c�
z
AYAS: Cotimyisaioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alohao
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10851.
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.
42. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF APPEAL BY EDGEWATER AREA -
ASSOCIATION (OVERTOWN EDGEWATER OMNI WYNWOOD - OEOW) OF ZONING BOARD'S
GRANTING OF SPECIAL EXCEPTION TO ALLOW CONSTRUCTION AND OPERATION OF
RESCUE MISSION AND TRANSIENT FACILITY (CAMILLUS HOUSE) (See label 44).
Mayor Suarez: Ladies and gentlemen, it's almost 7:00 o'clock. We promised to
hear the Camillus House issue at 7:00 p.m. We have about 200 people outside
who are here on that issue. And here's what we propose to do. First of all,
anyone who has other items, we're going to do our best to get to them tonight.
I know that there are other items that are of great importance to people, and
we're not discounting that in any way. If we're able to do the next item, the
Camillus House item, in relative order... Dr. Lutton, you did well tonight. I
would suggest you get out of here.
Vice Mayor Plummer: Mr. Mayor, if I...
Mayor Suarez: The other items, we will get to. If we can get through this
item in relative...
Vice Mayor Plummer: No way.
Mayor Suarez: ...speed, with relative speed, we should be able to, because
basically we're going to be hearing from two sides they had there. I'm sure
they're in deep disagreement. Each one has spokespersons, right? Right. The
{
OEOW (Overtown-Edgewater-Omni-Wynwood Association) group and, hopefully, you
have appointed those. Believe me, this Commission tries to be fair when they
begin to hear repetitions of the same argument over and over and over again.
f
But we're human beings. After you repeat it the third or fourth time, we
begin to dislike you and your issue. And we try not to feel that way, because
we're not supposed to let that happen. Miss Eaton, you may sit down until we
si
get to your items a little later on tonight. I know you're here on the
historic preservation items, I believe, and we owe you getting to them. Mr.'
Rodriguez, air.
'F
Vice Mayor Plummer: Mr. Mayor, may I inquire please?
Mayor Suarez: Yes.
s
Vice Mayor Plummer: Mr. Fletcher, you're representing the opponents, I think?
Mr. Fletcher, are you representing the opponents, primarily?
s
Mr. Sergio Rodriguez: We get DeGarmo.
Vice Mayor Plummer: OK air. A
y Approximately low long will your presentation
#
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be?
Approximately.
John
Fletcher, Esq.: Probably an hour.
Vice
Mayor Plummer; An hour.
John
Fletcher: Yes, sir.
190
Fe49; l�tl
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}
` s
Vice Mayor Plummer: Mr. Traurig...
Mayor Suarez: OK, on DeGarmo, we're going to make an announcement in a
second. We're not going to give them an hour. I'm sorry.
Vice Mayor Plummer: Mr. Traurig...
Commissioner Dawkins: I'm not going to sit up here for no hour.
Mayor Suarez: We're not going to give them an hour. I mean, that was the
wrong question to ask. We're going to give you a half hour...
Vice Mayor Plummer: OK.
Mayor Suarez: Both sides. This argument will be argued amply in an hour.
That's a lot more than a court of law will give you at some later point,
whether it's appellate or trial, and we will then decide, and this Commission
may have to debate some issues. We may think of some additional conditions,
clarifications, whatever, and then we'll decide. J.L., I'm sorry, I
interrupted you. Mr. Vice Mayor.
Vice Mayor Plummer: Mr. Mayor, the only thing I'm thinking, I don't want to
mislead people that are here on other items. I don't, for the life of me, see
how that we are going to get to any other items and leave as this policy of
this Commission before 9:00 o'clock. And I'm just saying, I think in all
fairness, we ought to tell the rest of the people to go home, and we'll see
them when the next Commission meeting....
Mayor Suarez: Well, you can do that, but I would suggest... I know you want
to on 28 back there, right? -and thirty.
Vice Mayor Plummer: There's no way we're going to get to you tonight, sir.
I'm telling you that.
Mayor Suarez: OK, I think as to 28...
Commissioner Alonso: I believe item 30 we have to take....
Vice Mayor Plummer: I mean, in all fairness...
Mayor Suarez: I am informed that we have to take item 30.
somebody from Planning or City Attorney's office?
Mr. Rodriguez: Yes, we have to take item 30.
Vice Mayor Plummer: You have to what?
Mr. Guillermo Olmedillo: I stated before that the Comprehensive Plan was
already approved. We are within the 45 days of...
Mayor Suarez: OK, we will have to get to that item after this. I am really
shooting to do this in an hour. We still will take a continuance of PZ-28 and
try later, if we do.something contradictory, to bring that in consonance with
whatever we do for PZ-30. We are ready for the item...
43. DISCUSS AND CONTINUE APPEAL BY COCONUT GROVE CIVIC CLUB OF ZONING
BOARD'S REVERSAL OF ZONING ADMINISTRATOR'S DECISION THAT APPLICATION BY
DEGARMO PARTNERSHIP LIMITED FOR HEARING BEFORE HERITAGE CONSERVATION
BOARD CONCERNING PROPERTY AT 3052 DOUGLAS ROAD DID NOT MEET REQUIREMENTS
UNDER ORDINANCE 9500 (Continued to March 28th) (Appellant: Coconut Grove
Civic Club; Applicant: DeGarmo Partnership Ltd.)
----------------------------------------------------------------------------
Mayor Suarez: I'm sorry, DeGarmo. We have an announcement to make and than
the lieutenant, if he would allow the people who are coming in... I think we
have a basic discussion going on here, lieutenant, and somebody thinks they're
going to be kept out of here and I have an idea whose voice it is that I hear,
but I don't want to say it. He is the teacher of my son and I am sure he
would not allow my son to make this much noise in one of his classes, but
there you have it. What is the announcement on DeGarmo?
Mr. Sergio Rodriguez: On item PZ-31, we have here the lawyers from both sides
agreeing to continue this item to the meeting of March 28th.
Vice Mayor Plummer: PZ what?
Mr. Rodriguez: PZ-31.
Vice Mayor Plummer: So move.
Mayor Suarez: So moved.
Commissioner Alonso: Which one?
Vice Mayor Plummer: Treinta y uno.
Mayor Suarez: And seconded. Commissioner Alonso said something, that's close
enough to a second.
Mr. Rodriguez: DeGarmo. DeGarmo.
Commissioner Alonso: DeGarmo? {
Mr. Rodriguez: Continue.
`i
Vice Mayor Plummer: Deferred.
'i
Commissioner Alonso: Deferred, yes, yes.
Mayor Suarez: Moved and seconded to continue. Call the roll.
ON MOTION DULY MADE BY VICE MAYOR PLUMMER AND SECONDED
AYES:
BY COMMISSIONER ALONSO, ITEM PZ-31 WAS CONTINUED TO
THE COMMISSION MEETING OF MARCH 28, 1991, BY THE I
FOLLOWING VOTE: ---
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez ;
NOES: None.
ABSENT: None.
1
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44. (Continued Discussion) APPEAL BY EDGEWATER AREA ASSOCIATION (OVERTOWN -
EDGEWATER OMNI WYNWOOD - OEOW) OF ZONING BOARD'S GRANTING OF SPECIAL
4
EXCEPTION TO ALLOW CONSTRUCTION / OPERATION OF RESCUE MISSION AND -
TRANSIENT FACILITY (CAMILLUS HOUSE) (See label 42).
(A) APPEAL GRANTED - REVERSE ZONING BOARD'S DECISION AND DENY SPECIAL
EXCEPTION WHICH HAD BEEN CONDITIONALLY GRANTED BY THE BOARD.
(B) DIRECT ADMINISTRATION TO REIMBURSE BROTHERS OF THE GOOD SHEPHERD
(NOT TO EXCEED $100,000) FOR ALL LEGITIMATE BILLS INCURRED
CONCERNING THEIR SEARCH FOR AN ALTERNATIVE SITE FOR CAMILLUS HOUSE.
(C) RESCIND RESOLUTION 89-190, WHICH HAD AUTHORIZED THE MANAGER TO
EXECUTE AGREEMENT WITH BROTHERS OF THE GOOD SHEPHERD CONCERNING
PURCHASE OF PROPERTY LOCATED AT 726 N.E. FIRST AVENUE (CAMILLUS
HOUSE).
I
Mayor Suarez: On this side, I think the best bet, officer, is to do as...
Could you alert the officer over here? The best bet, I think, is to keep the
door open because we're going to need all that space for people to be able to
listen and watch the proceedings anyhow. But they have to be instructed that
they must be in these chambers quietly. No discussion. Otherwise, we go back
to what our fire code provides, which would mean that we would only be able to
have the people that are sitting down, and that would not be fun, because thb
rest of you want to watch this discussion too, - am sure. To the extent you
can refrain from clapping, we'd appreciate that. And you must refrain from
cat -calling, booing, etcetera. That's not part of our proceedings, and it
doesn't help us, and it could very well hurt your cause because it may make
somebody upset up here and we do have the ultimate vote on this item. OK,
with your great cooperation, religious leaders, civic leaders, community
leaders, all of you, we can carry on this discussion in fairly quick time. We
can probably do it in an hour and get to some other items that people really
are desperate to hear. The kids, we appreciate your being here. We need you
also to be an example to your elders of how you can keep quiet and orderly and
not make strange noises. And if you have small children, we appreciate them,
they're not particularly helpful at this point. OK, we got everybody sitting
down? Quietly, in the back, please. People upstairs can hear. Is that
correct? All right.
Commissioner Dawkins: Up there, can you hear us? Can you hear us?
Mayor Suarez: You can't hear up there? Can you hear, yes or no? You cannot
hear up there. How come we don't have any microphones upstairs? I thought .we
had a microphone connected up there for them.
Commissioner Dawkins: Or take a box out of the Mayor's office.
Mayor Suarez: Could you please arrange for my office to have the box that we
have there put as closely to them as possible. Thank you, Commissioner
Dawkins. All right. Thank you. Who do we hear from first? Is there a
recommendation of staff?
Mr. Olmedillo: The appellant. The appellant typically goes on first, and
then we'll put a...
Mayor Suarez: Who is the appellant?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: The opponents, all right. Do we have a recommendation or
anything at all from Planning? or...
Mr. Rodriguez: We go, after that, after the appellant..,
Mayor Suarez: You go after that, OK. As to the appellant then, Thank you,
Mr. Fletcher. Madam City Clerk, we give an aggregate total of half an hour. to!
each side, strictly enforced. Counsel, make surc your people understand that.
Thank you. I hope I don't have to do that agai i, because it . takes time MY
from both sides. And this is a very important issue to this community as is
shorn by your presence here. We're happy to see you. We axe happy not to
hear you, unless you are recognized to go up to the mike. All right,
counselor.
193 February
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Mr. Fletcher: Yes; sir. Mr. Mayor, John Pletcher, 7600 Red Road,
representing the appellants. And rather than read all their names out,
- because there are a number of then on the document, I'll simply refer you to
the record on that. And since we are restricted - and we will try to abide as
touch as we can - by your restrictions. Since we are restricted on the time,
I'm going to shorten what would have been, I guess, an opening statement) if
you will, for the appellant, and try and get as quickly as I can - excuse me -
as quickly as I can to the speakers who really are the citizens who need to be
heard, rather than a lawyer standing up for them. But as you know, this is an
appeal of the Zoning Board's approval of the relocation of the Camillus House
to 19th and Miami Avenue, which is opposed by the associations in the area,
including the association that has really grown out of this, OEOW, which is
the Overtown-Edgewater-Omni-Wynwood Association And we're proud to say that
we have essentially been created by this, and it has brought the neighborhoods
together even closer to try and protect what they have. The one thing I want
to...
Vice Mayor Plummert John, can I stop you one minute?
Mr. Pletcher: Sure.
Vice Mayor Plummer: Mr. Mayor, excuse me. At the last meeting, one of the
things that I thought that we tried to accomplish was the possibility of the
Camillus House recognition of a potential alternate sites. I personally,
would like to hear what developed from that, if anything, so that we are all
travelling down the same road.
Mayor Suarez: OK, on this particular question, would you please not dock
their side on time and take a break from their...
Vice Mayor Plummer: Yes....
Mayor Suarez: Counselor, Mr. Traurig, is there anything to be said about an
alternative site? -in answer to Vice Mayor Plummer's question.
Vice Mayor Plummer: Well, answer to the Commission if the last meeting. j
}
Mayor Suarez: Yes, really to all of us. j-
Robert H. Traurig, Esq.: Yes, sir. Yes, we do have a report to be made
whenever....
Mayor Suarez: Could you go ahead and give us that now, so we have that clear
that, that will not - or if it does - solve the problem, what it is.
Mr. Traurig: Yes. Let me just go into the discussion...
Vice Mayor Plummer: Can somebody raise these microphones up? Is that
possible that they could be made louder? Drown out some of this background
noise.
Mayor Suarez: Raise all except for one. All ri ht counselor, can
y p g you just
give us a quick briefing. I mean, if it's not...
Mr. Traurig: OK.
Mayor Suarez:... a different site that you're here on, then there's not much
to tell us except that you tried, I guess.
Mr. Traurig: Well, Mr. Mayor, we're here to aiscuss the efforts that :were
made by a very dedicated group of leadership of Camillus House to examine all
of the sites that were presented by interested citizens, and we have done
that, and we would like to review with you what we have done and the
conclusions that we've reached. As a result of the discussion on January
24th, at which you continued the hearing, to give us this opportunity to meet
with objectors, as well as proposers of those alternate sites, we examined,a
number of different solutions to what we called the community's dilemma. Wo
dial have meetings with our neighbors, and good faith was demonstrated on both
' f
sides, Numerous alternate sites were proposed and examined, and we have
submitted a list of those sites to you by letter. Those sites -were visltad
and analyzed, and one of the sites actually stands out as having groat
potential as a supplemental feeding servicss locntion. Now, a number of the
members of this Commission indicated to us that one of the solutions to
finding the appropriate ultimate solution for feeding the poor and the
homeless in the City, was to split the sites so that not one location would
feel the full impact of the feeding service for the homeless and the poor.
And I'd like to stress that we have acted extremely diligently. And this is
not a Camillus House problem, it's a community problem, it's society's
problem, it's a problem...
Mayor Suarez: This is a bit argumentative, counselor. If you would just let
us know what the final outcome was.
Mr. Traurig: OK.
Mayor Suarez: Are we still here on the basic...
Mr. Traurig: We're partially here on the basic...
Mayor Suarez: ...site, at 19 plus No. Miami?
Mr. Traurig: We're partially here on that site, and what our proposal is and
we spelled it out...
Mayor Suarez: There is no alternative site presently being considered by
i
you...
Mr. Traurig: No, that's no so.
Mayor Suarez: ...that would be reported to us today?
Mr. Traurig: We're going to report on that, and I guess to abbreviate it, let
me say this... '
Mayor Suarez: Yes, I would appreciate that.
Mr. Traurig: That what we have suggested to you by letter and what has been
reported in the press is that we have determined that the best solution for
the present site, which is N.W. Miami Court, not Miami Avenue as Mr. Fletcher
indicated, on the west side of the railroad tracks, is that we would limit the
service to the indigent and the poor to women and children and elderly and
handicapped and families.
Mayor Suarez: OK, but there's still the basic site that was discussed before.
OK, that answers the Vice Mayor's question, and we really should get back
to...
Mr. Traurig: Mr. Mayor, that's...
Mayor Suarez: The rest of the components.,. Mr. Traurig, we'll be happy to
hear about it, they sound quite interesting, but we're going to try to do this
in some sort of an order. And that answers his question. OK, counselor.
Please, in the back! Everybody is being very cooperative and we appreciate
it. Counselor.
Mr. Fletcher: Yes, thank you, Mayor, members of the Commission. The only
thi I t to sa before I brin the first citizen forward to speak is -that
ng wan y g
we are aware of why the Camillus House is being moved from where it is,
because of the problems that are created there. And just briefly, I wanted:to
point out two newspaper articles that make clear and perhaps somebody
misquoted you, but in the Miami Herald - which is always accurate, of course
February 27th, 1991, they say that, "...commissioners want Camillus to leave
downtown so it won't hamper the area's redevelopment." As you'll hear, we
have our own problems in trying to redevelol, our area that need to .be
addressed. And in Miami Today, dated February 2$th, which I guess is today, -
f
or the week of the 28th - in the column My Viewpoint, it states that, "..;in
urging you to uphold the Zoning Board's decision," it says, ".,.the commission
must uphold the Zoning Board's ruling that will permit Camillus House to move
out of downtown, markedly reducing the numbers of homeless there." And,, o
course, we know where those reduced numbers will and up bein¢>a plus. And
r
having pointed out what is first the background to that, I'd like .to aek
first, Mr. Alan Savitz to come forward and talk to you. Mr.'Savitz.. The next
speaker will beAnne Marie Adker,
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195 February 20,
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At5
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I Mr. Alan Savitzs My name is Alan Savitz, I'm the president of Universal Home
Products located at 1920 North Miami Avenue, directly across the street from
the proposed new location of the Camillus House. I've been there for over 25
years. I believe honestly that the Camillus House is not compatible with the
j area or a neighborhood. It will have a very negative impact. It will hurt
property values. It will hurt schools, religious institutions. An appraised
study, recently said, "...that the dissipation of values will be up to 28
percent." We're a Miami based company, the Camillus House is a Toronto based
company, and I would appreciate if you would look after us here in Miami too.
I'm also a member of OEOW Community Improvement Association. We are an
umbrella organization made up of the leaders of the people of Omni, Edgewater,
Overtown) and Wynwood communities. We got together for the protection,
development, and improvement of our neighborhoods. We are made up of people
of all walks of life. This is the first time I can remember in the history of
Miami where groups got together as one. Groups from all over Miami, from all
walks of life -employees, schools, children, parents, houses of worship,
business owners, homeowners, and we're united to fight against crime,
pollution, and any other entity that would hurt or harm our area. I believe
that the volunteers of OEOW deserve a presidential award for their community
service, and I would like to thank OEOW for this fantastic experience it's
given me. This is my first time ever involved in city government workings,
and it's fantastic. And I have the Camillus House also to thank for that.
We're here only because of misrepresentations by omission by the Camillus
House. This is the main reason why we're here today. On June 7th, at the
—
Commissioner's meeting, you Commissioners were led to believe - and let me
quote right from page 75 of the transcript - "...that the site was in a
-
warehousing district that appears satisfactory to everybody involved." They
—
omitted the fact that the citizens of OEOW, the community and the neighborhood
would be against it. Also calling it a warehousing district repeatedly and
over and over again, was not completely true. It is across - the new location
of Camillus House - will be across the street from a wholesale distributor,
across the street from the City of Miami Fire Station Number 2, one of the
busiest fire stations in Miami. There are rescue missions coming out of there
on lifesaving missions, and I don't think it's fair to have anybody hanging
around, .loitering around and stopping our Fire Department. It will be across
the street from the City of Miami cemetery, which is one of the oldest
cemeteries in Miami. It is a nonsectarian cemetery, and those of us near it
have grown very fond of it. And they have problems there now keeping
loiterers out. We will ruin that cemetery. There is the Dorsey Park, a
beautiful little park - see the baseball field there? It is adjacent, it's
not even across the street, it's touching the proposed new site. People will
be sleeping in there and ruining that park. It is within two blocks of
Miramar Elementary School and Phyllis Wheatley Elementary School where the
children walk right across the front door. And, incidentally, another
_
misrepresentation that was told was that the Phyllis Wheatley School does not
go across Miami Avenue. The Phyllis Wheatley School goes all the way to the
bay, so that the... I've seen the children many times walking down that
street. There is also single family homes, there's. also school athletic
fields, there's also two houses of worship, a church in Overtown and in Omni
'
area a synagogue. The synagogue has two religious schools that will be
completely ruined. Continuing with the misrepresentations by omission. Also
on June 7th, the Commissioners meeting, you were led to believe - and let me
quote again - this is from page 97 of the transcript. "It would be a regular
inhouse residential facility where you'll get fed too. A whole different way
of functioning." And this was the reason that everybody embraced it. Why you
Commissioners embraced it. Why when I talked to people from downtown Miami,
the business leaders would tell me, "Alan, you know, they're going to change
their way." But we found out differently. Under testimony, before the Zoning
Board and before the School Board, they said they planned to feed over 500 and
sleep only 88. Now, somedays - even Harvey Veith said on television - they
feed up to a thousand. Well, if they're only going to sleep 88 and they're
going to feed all of these people, where will these people go? Another
misrepresentation was that their campus style with the big walls. It will
only keep and protect them from these people that they're going to let out
into the street. It will have a devastating effect on our neighborhood.
Please don't let it happen. Now, another continuing misrepresentation by
omission, the Camillus House, the newspapers, the radio, the TV, are always
talking about the good side of Camillus House, which the president of: the
• zv'
United States and the members of OBOW all embrace, we congratulate them for
the good work they do. But we' ace not mere to talk about the good work the
Camillus House does. We're here to talk about the bad side of Camillus douse.
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196 Yebruary 1991
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The side that is whispered about. The side that when I speak to judges or
anybody, they say, please don't quote me, but it's a terrible thing for
downtown Miami, and you should not let it in your area. And why is it?
Because there are hundreds of people left out in the streets. They do not do
a good job of rehabilitation. I read the Presidential award, they said there
are 17 people, 17 men, in rehabilitation and that was what they were being
applauded for, among other things. But they don't discuss - because they
didn't know about the hundreds that they leave out in the streets that
devastate the area. But most important is the criminal element. The criminal
element amongst the homeless is real. The fears of the community are
justified, no matter what they say. David, could you please bring that a
little bit closer to the Commissioners. Yes, you can turn that around....
OK, David, would you please hold the big one. I'll just go quickly because I
know time is short. Starting from the bottom, there's disturbances in the
area of the Camillus House now, and then I'll go to our area where they're
proposed to go. Two hundred fifty-five disturbances to 41. Assault, 66 to
12. Robbery, 70 to 19. Vandalism, which is breaking up and ruining a
property, 23 to 11, Larceny, which is theft, 596 to 45. Stolen cars, 61 to
6. I could go on and on. Five to one is the ratio of crime in their present
area to the area that they are planning on going. Now, I'd like to... I've
just two more points to finish up. You can go, thank you, David.
Mayor Suarez: Yes, you might want to wrap up in view of the time constraint.
Mr. Savitz: OK. I would like to just say this, that recently another part of
the misrepresentation by omission is that I have learned that many good zoning
attorneys, if they feel that they're losing on a zoning, that they will defer
it and try to defer it, they'll try to come up with reasons and excuses why
they looked for something, they couldn't find it....
Mayor Suarez: I don't think that will be an issue tonight, counselor, so you
might want to preempt that one.
Mr. Savitz: OK. I would just like to conclude by saying this, that if you
could please find in your hearts to protect the rights under the Constitution,
the rights of life, liberty, and the pursuit of happiness, that we as citizens
and voters should be enjoying in our City, and be able to walk our streets
safely. I want to thank you all for your patience very much.
(APPLAUSE)
Mr. Traurig: Mr. Mayor, may I ask some questions of Mr. Savitz?
Mayor Suarez: Don't, please.... Don't count this time against this side, the
opponents. I do need to take just a second of all your time and your
attentions for one little thing that I forgot to do with all the other
planning. I need for everybody who is going to testify to raise their right
hand and be sworn in by the City Clerk. This is a little bit silly, but it's
i M d Cit C1 k
our ordinance, OK? Would you please swear them n, a am y er .
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. a
Mayor Suarez: Thank you, and I'm glad you said it nice and loud. OK,
counselor, proceed. 4
Mr. Traurig: Mr. Mayor, may I inquire...
Mr. Fletcher: All right, may the record...
Mayor Suarez: Counselor, what could you possibly want to say that would .
interrupt their side? Hopefully, they won't interrupt yours when it's your
turn.
Mr. Traurig: Well, if that's the rule, that's fine. If what you're saying is
that neither I nor Mr. Fletcher can cross examine any witness, then that -'a
. i
Mayor Suarez:
Mr. Traurig:
I think so. We really don't have cross examination here,
QK, Mr. Fletcher enjoys that opportunity, and I want.,,
y
Mayor Suarez: I don't propose to give that to him, no. He should make his
argument and let his witnesses speak. We've never had cross examinations
here. Maybe occasionally, informally, we have, but we really don't do that.
You might want to point out to us during your arguments, think questions that
we ought to be asking of anyone who's spoken. We'll be happy to ask them fo=
you. OK.
Mr. Fletcher: Mr. Mayor, may the record reflect that Mr. Savitz who spoke
first has been sworn in along with the others.
Mayor Suarez: Great, thank you. Proceed, counselor.
Ms. Anne Marie Adker: I'm Anne Marie Adker, and I live at 407 N.W. 5th
Street, and that's in Overtown. You know, I can't for the life of me, find a
reason for why I'm here. Because I am living in a redevelopment area, OK?
And for the Commission to even consider putting a Camillus House -
uncontrollably as it is where it is - into Overtown, I really can't grasp that
idea. Redevelopment and rehabilitation is what I'm about, and that's with my
area, Edgewater, Wynwood, and Omni. And we can't possibly do it. If we, have
people just hanging around and causing all kinds of devastations. You can't
have any plants outside of your house. You can't leave your hose out there.
I can't say that it's definitely the people from Camillus House, but I do know
that they are creating a problem for my area. They are creating a problem,
and promoting dependency.
Vice Mayor Plummer: Thank you Annie. There's 16 minutes left.
(APPLAUSE)
Vice Mayor Plummer: For the record, your name and mailing address, please.
Mr. Stanley Tate: My name is Stanley Tate. I live in North Miami, but I'm
here representing Temple Israel as a member of their board of directors,.
Vice Mayor Plummer: Your address, please, sir.
i
Mr. Tate: My address is 1175 N.E. 125th Street, North Miami, Florida.
Vice Mayor Plummer: Thank you, sir.
Mr. Tate: Temple Israel is located on N.E. 19th Street between 2nd Avenue and 4
Miami Avenue, approximately less than a thousand feet away from the proposed
Camillus House. Let me just tell you that at a board meeting of Temple Israel
the Camillus House people and architect made a presentation as to what they
intend to build. The board, after reviewing that presentation, voted to
advise the City of Miami Commission to earnestly reject this location. for
their installation. Temple Israel is the oldest reformed Jewish congregation -
in the State of Florida. I'm here representing 780 members ,of - that
congregation. There is a major concern that if that Camillus .House, is
installed in its present proposed location, it will absolutely put the end to
Temple Israel in its present location. A largepart; of our constituency is
made up of older people. They're very, very concerned about the kind of
neighborhood that Temple Israel is at the present time, and if Camillus. House
is erected there, there's no question in my mind and in the board of directors
mind, that the temple will suffer severely. Maybe. even fatally. If you
wanted an example of what goes on around Camillus House, I took thetime, with
two of the other members of the board, after the board voted against this
construction and proposed new installation, to go down to the existing
Camillus House and it's obvious what their location has done to their present
neighborhood. And if there's no other reason, that's primarily the reason ,why
it's desired to be relocated, because they are hampering the development .in
that particular area. To move them into an area that's located next -door to
an elementary school, which is next door to Temple Israel, is just the wrong
location, This is not meant to be a reflection on the service that Camillus
House provides for this community. As Mr. Traurig knows and Mr. Selman knows,
myself and many of the other members of Temple Israel support Camillus douse,`
financially and otherwise. It's just the wrong location. It doesn't belpng
where it's intended to be placed. I thank you very much for your :time. � =
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Dr. .loan Luttons I'm Dr. .loan Lutton, I live at 167 N.W. 109th Street. I'm
appearing here as the president of the Biscayne Boulevard Chamber of Commerce.
On their behalf, I want to say that the Biscayne Boulevard Chamber of Commerce
is opposed to the location of Camillus House at its new site because we feel
very strongly that our area is already over burdened with half -way houses and
other similar type of constructions, and we feel that it will be detrimental
to the business development on the boulevard which is having a come back.
We've worked very hard with the Chamber to bring back business in our area,
and we feel just like the City of Miami does, that it hampers redevelopment.
So the Boulevard Chamber of Commerce is very, very gravely concerned about
this site. As an educator, personally, I'm very concerned about the school
children. Thank you.
(APPLAUSE)
Rev. 0. G. Galloway: I'm Pastor Galloway, pastor of the Greater Israel Bethel
Primitive Baptist Church, located at 160 N.W. 18th Street in Overtown. I live
at 1100 N.W. 50th Street in Miami. And I have a great concern for our
community, and from all of the recent events, I'm sure that all of us know and
are well aware of the burdens that we already have in Overtown. Overtown and
_
Wynwood already have a bad image as it is, and we are striving and we are
1
struggling to try to improve our community, redevelop it and to change the
image of our community. We are greatly concerned because of the fact that
from the information that was in the paper of Miami Today on February the 2nd,
it states that the Camillus House was being asked to move because of the
transients and the loiterers that were hanging around in businesses and
�—
driving away potential customers, and I'm afraid that the same thing will
happen at our church because many of our members who are in our church. That
church has been there ever since 1912, and it's in its present location ever
since 1952. And it was already in Overtown. And many of our members now live
outside the area, but they are members of the church, and I'm afraid that if
we have this kind of environmental impact on our community that many of our
members are going to join other churches. And then we will be just like
y
Temple Bethel. And not only that, but I'm afraid that the same thing is going
to happen to our schools. Because I met with persons over at the school and
some of the parents are talking about transferring their children already, if
1
this takes place. So we are greatly concerned about our community because we
4
have enough problems already. And we're trying to deal with the problem, and
to compound the problem is going to be more than we can stand. Thank you.
(APPLAUSE)
Ms. Jan Grigsby: I'm Jan Grigsby, 725 N.E. 22nd Street. I'm president of
Edgewater Area Association. I'm PR chairman of the Northeast Task Force, and
I'm author of this calendar that each one of you in the City loved. You saw
this calendar that you thought really depicted our northeast neighborhoods.
We're here tonight to tell you that we want you to vote no against this
3—
location. The reason is, all of you know us in Edgewater, you know our
surrounding areas, you know how hard Armando and I and the rest of us have
1
worked to rehabilitate our neighborhoods. We've worked with Code Enforcement,
s
with Pablo Canton. We've worked with the entire City. They appreciate our
networking with the City, the Police Department appreciates it. We -cannot
take any more problems in our neighborhood. We ask you, please vote against
the relocation at 1801 N.W. Miami Court. I want. to also add one thing. A.lot
of people think that we're heartless against the homeless. We're not. We
have a lot of homeless in our neighborhood ourselves that we help. I think
all of you have heard about the new program, Resolve, that your City, DDA, and
downtown businessmen are supporting and Livia Garcia is working on. We have
trade a commitment from OEOW to stand behind that program. That means..we are
standing behind our City. We want to work together, all of us, as community
leaders, to clean up, not only our neighborhood, but the adjacent
:
neighborhoods, and help clean up downtown too. And I'd like to let you know.
that we are committed to force our County to work with our City. It's very
important to us. Miller Dawkins said, this needs to be spread around. Share
�
it with the County. Next week Livia Garcia, myself as a community leader, and
some of our other community leaders will be meeting with the County Manager.
Our intentions are to tell
them we need
help in
our City and we 'need
this
spread, and I guarantee you
- you know
I'm a hard worker, everyone of
you
know . when I start something, I finish
itl Sc I
guarantee you we will
got
the County involved, but I'm
asking you,
please, don't give us Gamillus.•Hquee
f
6zi
in any way, shape, or farts.
Any promise
they make
to cut back, we con4t
take
it, Thank you.
t
A
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(APPLAUSE)
Mayor Suarez: Please, please, we're going to wrap up the opponents
presentation so we can get to the other side and get this resolved.
Commissioner Dawkins: They got eight minutes, Mr. Mayor.
Mayor Suarez: Please, Clemente.
Mr. Clemente Montalvo: Good afternoon - I mean, good evening everybody - my
name is Clemente Montalvo. Some of you have heard me. I've met the Mayor,
_ Dawkins, Mr. De Yurre. I'm here concerned to my community, Wynwood community.
We've been through a lot in the last, since the mess that we've had. Now that
they're bringing this Camillus House near the area. Main concern to myself
and the children in that community is that we will not be able to walk our own
streets after what happened December the 3rd, we don't want it to happen
again. Because if these people move in our area, our children will not be
able to walk the streets or our wives or our teenagers. I got two daughters
here, I've got two friends of my daughters, I've got my baby back here
somewhere playing around. I can't find her, she's back there somewhere. Oh,
there she is, back there. And my wife is here with me. But the thing is,
what I'm here is... my main concern here is that we in the whole district
within 20-30 block area, we will not want Camillus House there. Because we
already had enough, and Wynwood has had enough. We don't want no more of it.
Our children are our number one priority. We want the safest streets we can
have, and it's up to the Commissioners, up to the Mayor himself, and everybody
involved, to please consider. Hear the plea of the communities. It's number
one. And the children - you can see them in front of you - that's one of the
concerns of our parents. We can't have that in our community. We already had
enough as it is. There's already about 20 or 30 of them in our neighborhood.
Little by little, our business people are pushing them out, because we don't
want them there. We've had enough. It's up to you, please. Thank you.
i—
(APPLAUSE)
Mr. Alan B. Fishman: My name is Alan Fishman. I live at 600 N.E. 36th
Street, and I'm here tonight on behalf of the Charter Club. I'm the president I
of the condominium association. We have approximately 1,000 residents in the {
City of Miami. We at the Charter Club condominium association, believe that
3
it's inconsistent with our investment in downtowr. Miami to have Camillus House =?
move closer to our home so that our investments and our property values will
go down. In addition, in recent weeks the events of crime on our premises has t
increased. We believe that this will continue and become worsened should you
move Camillus House closer to our backyard. We urge you, the Commission, to
vote against moving Camillus House closer to our dome. Thank you.
(APPLAUSE)
Mr. Armando Rodriguez: My name is Armando Rodriguez. I am the president of
the Concerned Citizens of Edgewater, 3981 S.W. 2nd Terrace. Three years ago I
stand up in this podium for the first time in my life. I was so worried about
the prostitutes and the people selling crack on the boulevard. I came here !
and I am thankful that this Commission and the Mayor. We opened a police -
_
ministation in Biscayne Boulevard with the cooperation of the neighbors in
'We
Edgewater. We get a seven year free lease, furnitures, and everything.
have demolished 35 crack houses in Edgewater with your help. We have
increased the length of the street lights. Edgewater has improved. But
Edgewater has a problem. And one of the problem in Edgewater are the
rehabilitation houses. We have 25 rehabilitation houses in Edgewater.
Edgewater have 10,000 people in the area, and approximately half mile square.
In that area, an equivalent of 10 percent of the people live in rehabilitation
houses. We cannot accept Camillus House on 19th Street and Miami Avenue. And
the reason is simple. Camillus House will be three blocks from the boulevard,
and we Cannot take anything else close to Edgewater. The last meeting that we
have one of the Commissioners suggested to the Camillus House people, build
k
something further west of the boulevard, please. And I think that's a great'
suggestion. You know how hard we have been working on the boulevard. And I
x
want to tell you this, it is not the point that we don't want it in our
E,
backyard. Look at that map. Everything that is in the backyard of Edgewater,
Two years ago, or a year ago, a group of people came to this place and aaked
for a house to attend eight patients in the southwest area, And you say, not
200 Februarys 4901`-
The same group of people said, well, let's have it in Overtown. And you say,
no! Do you know where the house is? -Biscayne Boulevard and 27th Street. We
have it. We are a community of compassion. We have 25 rehabilitation houses,
plus the AIDS clinic. I don't take that, that we say, no in our backyardl
And we care about the homeless. I have no problem with the homeless people:
I am not a hypocritical person. I have dedicated 20 years of my life to
education. To encourage people to serve to their community, to work for
others, to work with the migrants, do something to the homeless! The point is
not the homeless. The point is the location of Camillus House. We are
people, the community leaders of Miami here, some of them here, you know us.
What we're doing tonight? We're doing toiiight exactly what you have
encouraged us to do. To fight and to do the beat for our community. You have
encouraged us to work hard. That's exactly what we're doing tonight. Please,
I encourage you to find a place for Camillus House away from Biscayne
Boulevard. I know it's not an easy task, and I think that Camillus House
needs help too. I mean, I'm very concerned about the homeless. It breaks my
heart when I see those people in Biscayne Boulevard. Trust me. Something has
to be done, but I don't buy that they are not in my backyard. Look the
backyard of Edgewater, please. Thank you very much.
Mayor Suarez: Thank you.
(APPLAUSE)
Mayor Suarez: Please, please, please, please.... Go ahead, ma'am.
Ms. Barbara Fruman: My name is Barbara Fruman. I own a business at 32 N.W.
20th Street, Amy Lynn Textiles, which is within 375 feet of the proposed site.
I want to make it very brief. There have been a lot of "For Sale" signs in
our area. Thank God, they are beginning to come down. The area, we are
working hard to bring it back. Also, the design center, we are all interested
in bringing the City of Miami back, getting the problem of the homeless under
control, and we want to help everybody do that. But the message that the
business people of this community and the residents are getting is that you
want -,not you, personally - but that our neighborhood should be destroyed and
that you do not care to have us stay in the City any more, and we want you to
know we've been struggling - me personally - for 12 years, to stayat that
site, and I hope that we can work together and bring that area up, which is
already beginning to happen. Thank you.
(APPLAUSE)
Ms. Dorothy Quintana: My name is Dorothy Quintana and I live in Wynwood.
It's 37 years that I live in Wynwood, and we have a very nice place to live,
and I want to continue to be that way. Even though people say that Wynwood is
a bad place to live in, I am sorry, but we know everyone there and no, we
don't have no trouble with anyone.
Vice Mayor Plummer: Excuse me, can you all move back a little bit. You'll
not see yourself on TV if you don't move back so we can see this beautiful
lady.
Ms. Quintana: I don't want to be seen on TV. I just want to say what I think
is right because we have a lot of old people there now, and children and...
My husband and I went the other day - I had to go to a meeting at nighttime, a
community meeting - and when we go by there were men there undressing. Right
there on the bench, right next to that build... Maria de Hostos building. So
my husband stopped the car, he says, can't be. He got off and he says, put
that clothes on. So, he didn't want it, so my husband says, you put in on or
I'll put it on for you. So, I mean, this can't go on. I mean, if that
there - just one person - you can imagine when they move in further, near us,
Now, we can't have that. Because it's old people living there, respectable
people, and we want to be able to go in the street. And as I told you before,
_ they say Wynwood is a bad place to live in, I'm sorry, but we never ,have
problems without people. They might have the problem that they have. That
was a different story, but I can go on the street anytime at night and I never
heard anybody tell me anything they've been. And remember, I'll be 82 years
old August 24th, and I want to continue living there until I'm a h:andred. I
thank you for listen, to me.
Me, Hirai; Mr..Mayor..,
(APPLAUSE)
Mayor guare2: All right, wrap it up, counselor. Let me tell the Allapattah
folks, you probably are concerned about the possibility of a site that is
technically within Allapattah. If you are, it is not before us today as we
have established before, Mariano and Orlando and Pat. So, that's not
particularly relevant. OK? Go ahead, sir. Final, final speaker, John.
Mr, Fletcher: Last speaker? Mr. Mayor, we have a lot of people who, you know,
are really concerned.
Mayor Suarez: Well, we could have given you two minutes each under the City
Code, and that would have worked that way, but we gave you a half hour to
allocate among all of you, and you've said, believe me, you have said
everything we could possibly want to hear on this issue, on either side. And
I'm sure we'll hear the same thing on the other side. Folks, we are very
familiar with this area. We're very familiar with these arguments. We have
heard them before over and over and over again. So, I'm just going to have to
make a ruling at that point of half hour for either side, and that's it. So,
last witness. Mariano, we have a pretty good idea of what you stand for, as
with Orlando, your wife, Pat, on Allapattah and that's not before us today,
particularly. So, last speaker. Go ahead, sir, quickly.
Mr. Hal Kluger: My name is Hal Kluger. I have a business at 1310 N.E. 1st
Avenue, American Gift Corporation. I also own some property at 13 - I'm
sorry - 1729-1731 N. Miami Avenue, within 375 feet of the proposed site. I
have worked in this area for approximately 45 years. Three generations of my
-1
family have toiled long and hard to make my business a success. I employ 50
people, most of whom live within the City of Miami. I feel that the economic
and social impact of this move to 19th and Miami Avenue by Camillus House may
finally be the straw that breaks the camel's back for many of us who live and
s
work in the area. All of my neighbors, business people and residents, who are
here tonight to tell you that we are not against the homeless. Our
neighborhood has been helping the homeless and needy more than any other
neighborhood in the City. We cannot handle any more. Our backyards, our
front yards are full. I£ Camillus House advocates would take the homeless
into their neighborhoods as much as they have taken their plight into their
hearts, then the OEOW neighborhood might at least have a chance. Thank you.
Mayor Suarez: OK.
(APPLAUSE)
Mayor Suarez: We will later give you just a couple of minutes for argument
and we'll hear now from the proponents.
Mr. Fletcher: I'm sorry, Mr. Mayor, I didn't hear you on that last statement.
i
Mayor Suarez: We will later give you just a couple of minutes for arguments
because I'm sure you're going to want to present a couple of legalarguments,
if I know you.
Mr. Fletcher: Yes.
Mayor Suarez: And we'll hear now from the proponents. _
Mr. Traurig; Mr. Mayor, before,..
Mayor Suarez: Half-hour, same way.
Mr. Traurig: Before we start, let me address this half hour business. You
started with them at 7:10, it's now 7:51...
Mayor Suarez: We have docked from that half heat anything that was irrelevant
and we'll do the same thing for you, Bob,
Commissioner Dawkins; And plus, we spoke some up here too, Bob.
Mayor Suarez: Right, we took all that.,.
Commissioner Dawkins: We took some of their time.
202
Mr. Traurig: I understand, but...
Mayor Suarez: Right. That may happen with your presentation too: Or we...
Mr. Traurig: OK, I just would like to clarify though...
Mayor Suarez: We've been pretty fair about it.
Mr. Traurig: ...that it wasn't eleven minutes diverted from their
presentation, so therefore....
Mayor Suarez: That may happen with yours. In fact, it's already happened to
the tune of about 25-30 seconds.
Mr. Traurig: OK. Let me just first address our neighbors. It is very
obvious from the degree of emotion that they've demonstrated here that they
-
feel very deeply about this subject. They feel deeply about their
_
neighborhood. They're to be applauded for all of the positions that they have
taken, which are positive positions regarding the saving of their
neighborhoods, improving of their neighborhoods, and working together. And we
applaud them and we thank them for the spirit that they have demonstrated.
Some of the positions that they have stated, if you have made notes, as I did,
-- are just untenable positions. Mr. Savitz was talking about those crime
statistics and implying that because there is more crime downtown, the
criminals were the poor people. The poor are the victims of crime and not the
perpetrators of crime. The poor are the people who are wandering through the
:-
streets, not with guns in their hands or creating criminal conditions, but
}—
looking for some help. And to ascribe to that situation the ignominious
relationship that is being described, is just not fair. They would also
indicate that this site is a bad site. It isn't a bad site. It's a great
- site. They're not in this area. When they talk about Miami Avenue, they
+
forget that there's a railroad track between them and this site. This site is
between the railroad tracks on the east, and a cold storage plant on the west,
in an area that was designated by this Commission as the ideal area that they
should seek. It was an area where the Salvation Army had been located, the
Miami Rescue Mission was located, and it was designated as the ideal area. So
for them to say why did they come into our area, ignores the fact that there
was more or less a mandate that they look at that area, rather than some of
,
the other areas that they had looked at. There are people on the east side of
Biscayne Boulevard. One gentleman at 36th Street and Biscayne Boulevard
talking about his hundreds of condominium dwellers who are worried about this,
he's two and -a -half miles away, and he's on the other side of Biscayne
Boulevard - the east side of Biscayne Boulevard at 36th Street. The other
people who are in the Edgewater area are similarly on the other side of
Biscayne Boulevard. It is literally a different neighborhood and they're
trying to assign to the poor and the homeless the problems of the crime and
the degradation in neighborhoods. It just isn't fair. And let -me just
discuss with you why we're here. We appeared before you last month and we
talked about the dilemma that this Commission faces. On the one hand, you
recognize that the service of Camillus House to the poor and the homeless has
f
been extraordinary, and should be honored and encouraged. And after lengthy
negotiations, the City had suggested that the relocation of Camillus House
should be directed to a more remote location and more or less mandated -this
particular area, as I said. The area selected for relocation lies within the
boundaries suggested by you. It is appropriate. The facility actually will
upgrade the neighborhood by putting a new handsome facility, which the
architect, if we had enough time, could describe for you, in an area which is i
really a run down area today, notwithstanding their descriptions of the area.
This site is a run down overgrown site between the railroad tracks and this
cold storage plant. And this is not the Camillus House issue, as I said
earlier, it's a societal issue where appropriate facilities must be, located
for the people who need these facilities and these services. On.the other
hand, it's recognized that no neighborhood wants a food service facility for
the poor and that it is, perhaps, logical that these people express, their
community opposition. As you're aware, we were conscious of that neighborhood
opposition, and as a result, it was we who suggested that in good faith we
should meet with them and explore sites. And real estate brokers came out Of ,
the woodwork suggesting sites. As you Commissior_ers are better aware than,we,,
no neighborhood invites or welcomes the homeless. But limiting the number;: of
people to particular -locations has been suggested as a device by .whioh it
could be controlled, and with multiple service sites, it would .nog only
% F
mitigate the effect on the targeted neighborhoods, but would- be more
203 YebruAry 25 1991
_ t
i
equitable. Your comments and your advice to us have merit, and Camillus House
leadership would like you to be aware officially, as we have done by letter,
that in our judgment the following scenario is valid and should be considered
by you. The County owns a building on N.W. 10th Avenue and 23rd Street, south
of Bobby Maduro Stadium which the City has the right to acquire under certain
circumstances. It's an area where the establishment of a food service
facility has merit. However, for Camillus House to acquire that facility and
demolish it and obtain the necessary special exception and build a new
facility, is impractical. But leasing a portion of it is supportable. Even
if the City acquired title to the property after overcoming some title
problems regarding deed restrictions and so forth, there would be other
impediments to the Camillus House tearing it down and building a new facility.
There already are a number of leases to the State of Florida for portions of
that property. Furthermore, the site is actually too small for a campus style
facility. The Allapattah community has already expressed itself as being
opposed to that particular location. But Camillus House would lease
approximately 2,000 square feet of that facility if it were available, or
within Beckham Hall, for a nominal consideration. After all governmental
approvals have been granted, resulting in this scenario. We ask you to
approve this application with reasonable conditions, similar to those imposed
by the Zoning Board, plus another major condition limiting the feeding at the
19th Street location, to a non-residential population of a maximum of 150
women, children, elderly, handicapped, and persons within family groups, with
a future additional, or several future additional food serving facilities for
other persons who have to be cared for at the leased space at either Bobby
Maduro, or at Beckham Hall, or such other site as is reasonably located and
which would serve the poor community, with a reasonable maximum to be served
at that particular facility or those multiple facilities. If this application
is approved, construction work at the new location would commence nearly
instantly. And during the construction period, the process for acquisition of
that other site and approval of that other site could commence. Under that
arrangement, Camillus would continue to provide its present service at its
present location. And when the new multiple facilities are ready, Camillus
would close on the sale and will vacate the current location. Is that fair?
Is that reasonable? Why not? Can anyone near 19th Street be opposed to a
clientele at that location limited to a non-residential population of women
and children and elderly and handicapped? - If I remember correctly our
neighbors' concerns, which were and are sincere - and they've expressed them
here tonight, and they've expressed them in the past - they were related
primarily to the itinerant single male, whose presence in the neighborhood
appeared to some to constitute a threat. But the new proposal excludes those
males at the 19th Street site, and we shouldn't address the other locations
because it's inappropriate at this time until arrangements are made to acquire
those locations, or lease those locations. But we ask you to approve this
particular location with the conditions that I have indicated. I have a
number of people to call on, and I would ask them, one at a time, to appear
before you. Number one would be Harvey Veith, the executive director of
Camillus House, to talk about the history of site selection, followed by
Brother Harry Sommerville, who would describe the Camillus House and its
programs; Beth Sackstein, a social worker, will talk about this philosophy of
the new design; Dr. Joe Greer, Pedro Greer, who is with the University of
Miami Medical School, and donates his services as medical director, will speak
on clinical care and facilities, Gary Lyons, a former homeless who is here
tonight, to address you on the value of this kind of facility will then speak
to you, Mrs. Thelma Gibson will speak to you about the social aspects, and
Monsignor Walsh will then close. We would ask you to pay attention to their
remarks. Harvey.
Mr. Harvey Veith: Thank you very much. My name is Harvey Veith, 1717 North
Bayshore Drive. I only have one issue I'd like to talk about. It was just a -
little more than a year that I came to Miami and listened to what was going
on. And it was a little less than a year - around a year ago — when I looked
to find out what was happening. And what was happening is you want+ad to get
Camillus House out of the downtown, period. And we were beginning getting
into the condemnation process, and I didn't think that was a good idea because
I thought it would be a negative for the City and also I thought we could work
things out. So I came to you, I listened to what you said, and Commissioner
Plummer said, "Look, we don't want you where you are, we don't want you to go
to the other site that you had that's already zoned because that's in the "same
area." I understand that. So what we did is we sat down and said, give us a
chance. Let us find an alternative, let us work with you. We never asked, we
never asked to move from Camillus present site. Other people waked us to
move. So I thought, OX, we'll start in good faith. Where do you want us to
go? In your testimony you kept saying, near the Rescue Mission, in an
industrial area, near a warehouse area. I looked at buildings. I looked at
buildings close to schools. I looked at buildings far away. I looked at all
kinds of things, and we found this property with a railroad track. We came
back and we said, is this the kind of property? -knowing that you couldn't
give us a special exception. But you said, yes, this is the site that would
be acceptable. So then we went to negotiations and we have now a contract
with the City for our present property. And so we said, fine. Now, the next
step was, we had to get it through the zoning. We have to be able to get this
special exception. We're willing to do that. So I spent time doing that and
the next thing, I had to find out if we had any environmental impact. And we
had the first test and we thought that we had a serious problem. So we went
to the second test. We're going through all of this, all in good faith, just
from what you're asking us to do. So the next thing is, what do we have to
do? We have to have a plan. So we designed a plan. We go to the City
planners. We show them the plan. They tell us, look, this plan should be
changed. We changed the plan. We spent $50,000, fifty thousand dollars. To
get to the point, my biggest concern wasn't the Commissioners, because they
already knew where we were going. It was the Zoning Board. They don't know.
And I thought, we have no chance, they don't understand what we're doing. So
I thought, we'll present it to them. We got a six to one vote to do what it
is that we want to do. All in good faith. And now what's happened? -is we're
here, and I'm still confident that the vote was going to be as we set out to
do. In other words, I feel that in good faith that I did everything, that
Brother Harry did everything you've asked us to do, and I think and I
recommend this site for Camillus House because if we can't go here, where can
we go? Where can we go? The longer it goes, pretty soon you got the whole
City here, and I just want to tell you, this is a good site. This is the only
industrial site we looked at, and I thank you for your time.
(APPLAUSE)
Brother Harry Sommerville: Brother Harry, 726 N.E. 1st Avenue, Camillus
House. While all the turmoil and the fear has been going and spreading over
the last little time, Camillus House has continued to serve the needs of the
citizens and the residents of Miami. Because they are citizens and they are
residents of this City. We've continued to serve women, children, families,
single persons, the elderly and the handicapped. We have continued with meal
service, clothing, and mail. We have continued to place persons in
rehabilitation programs. We have continued to help persons find employment.
We have continued to provide furniture for those who have received apartments,
or have been burned out of their apartments already. We have continued to
place people in apartments, in treatment centers, and in half -way houses. We
have continued to provide clothing to families. We've continued to try and
get people off the streets. We've continued to network with other agencies.
We continue to shelter, we continue to open our dining room in cold weather,
rather than freeze on the streets of Miami. We continue to take blankets
under the bridges where a lot of people happen to live, citizens happen to
live. We continue to provide complete medical and social services. We
continue to care for people who are dropped at our door from hospitals, in leg
casts, body casts, and those who require dialysis. Dropped from hospitals,
both County and private hospitals. They come by cab and are dropped at our
door. We continue to serve them rather than turn them out, and have them
become part of the homeless. We continue to provide necessary stranded
visitors who visited the City of Miami and for whatever reasons, have ended up
being mugged, or lost their money, or whatever. We continue to help the
stranded visitor. We continue to do the mandate that we have been given as
Little Brothers of the Good Shepherd. We continue to listen to the needs of
the citizens. I'd like us to keep In mind that the average American citizen
is two to three paychecks away from being homeless. And as I look around this
room, someday some people in this room, I can guarantee, are going to be
homeless. Very close to it. And I hope Camillus House will still be around
to continue its service for you. Thank you.
(APPLAUSE AND CHEERING)
Me. Beth Sackstein: Good evening, my name is Beth Sackstein, and I'm the
associate director of Camillus House. Our proposed facility encompasses a
design that represents the human dignity of our guest and offers a building
that preserves and enhances the needs of the community. It is ironic that the
architectural firm of Swanks Hayden & Connell, that designed ouar proposed
facility, also renovated the beloved mother of freedom, the Statue of Liberty.
She proclaims, "Give me your tired, your poor, your huddled masses yearning to
be free." Well, that's what the Brother of the Good Shepherd came here for in -
August of 1960 to do. They were here to meet the needs of the first Cuban
refugees that came to our community, and now they're here to embrace people of
all faiths, races, ages and conditions that are fleeing a multitude of
persecutions. We believe the new design has overcome many of the problems
that our present location has fostered over the years. The introspective
campus style facility is sensitive to the neighborhood by drawing our clients
from the streets to the center of the campus in order to avail them of our
many services, ranging from immediate intervention to long range permanent
solutions. We are no longer a program that only offers band aid solutions.
We offer health care, social services counseling, rehabilitation, transitional
and permanent housing. We now serve men, women and children desperately in
need of all kinds of programs that only the Brothers and professionals can
give to them. Patrick down here, our architect, will point out some parts of
our building here. It's totally different, and we need you to understand
that. It's been very very difficult to let the community know that we are not
rebuilding the Camillus House that we are in right now into this facility.
We, unfortunately, have grown into the present building that we are now, we're
bursting at the seams. It wasn't a facility that was designed for our needs,
we grew into it. This facility is designed with all kinds of new things that
will really help and really help the community. It will become a model
program for our community, and we might even become a program for the nation.
There is administrative offices where the Brothers' quarters will be. We'll
always have at least one to two Brothers on site, as we do now. There will be
overnight lodging for 56 residents. There will be crew quarters. The crew
people are people that came from the streets, that are part of transition.
They become part of our program. We're increasing that now. We're increasing
_ that to 32 people that will be able to stay there longer term. And those
people offer stability and they offer help to the newcomers that are coming
in. There's going to be clothing storage and cold and dry storage, many
bathrooms for people that come in to utilize those services. New additions
will now have a library, will have conference rooms, will have recreational
room, and we will have classrooms. We will be able to really get into all
kinds of programs that we have wanted to get into for a very long time.
There's a wonderful new dining room and kitchen area. The kitchen will be
large enough for students to come in from some of the universities to not only
teach their students, but teach our people skills to be able to enter the
restaurant industry. So, it's a wonderful facility and the next thing that we
have that you all know about that's been doing a wonderful job for this i
community, is our Camillus health concern, our clinic. It's a beautiful
clinic that has plenty of waiting areas for families and for individuals, and
our Dr. Greer will be telling you about the clinic. There is a courtyard area
in the middle there that can accommodate many people waiting inside the
-
facility with an overhang that in case it rains, they will be out of the rain.
We have provided you with all of the specs on this. We have our architect
—
here if you have any, you know, immediate questions about the specs and
things, but philosophically, it is a totally different facility than we are in
right now. And it's a wonderful environment that will inspire people to want
to change. We're uplifting them and we're also offering the community to come
in and utilize our services, and also our classroom space, if people want to
have a meeting there, or if they want to have something to do there. So, we
really hope that you will see that it is a different type of facility and one
that we believe it will be a model for our community. Thank you.
(APPLAUSE)
{
Dr. Pedro Jose Greer, Jr.: My name is Pedro Jose Greer, Jr., I'm a physician,
I'm with the University of Miami School of Medicine. -I'm the medical director
at Camillus House, and I do that as a volunteer. And I think that each one of #
you as Commissioners and Mayor this morning received about 200 letters from
medical students who, as myself, also volunteer for the medical services of 4
the homeless. Just think of seven years ago when we started the clinic, if we;
too had decided that this was the responsibility of the County, and not the '
responsibility of ourselves as members of this community. In front of you I'm
showing you a picture that I took three weeks ago under 395 where the
newspaper was quoted as the, "bum busters going by." What you see, for those y
of you that can't see the picture, is a three -and -a -half year old young lady
with a look of desperation and hope. Unfortunately, there's a bit of
�f
experience behind her. And you look very carefully behind her, you'll also
see her one and a half year old sister laying down. Behind her around tbgre
you'll see the gravel from the rest of the areaa under 395. That's not the
only child we see or we treat. We've treated over 450 children at our clinic.
And for the elementary schools that seem to be bothered by our presence, it's
interesting to me being that Dunbar Elementary School, located at 505 N.W.
20th Street, sends us patients, because they have homeless students, as does
Buena Vista Elementary School at 3001 N.W. 2nd Avenue. Miramar Elementary
School does the same thing. Little River Elementary School, Douglas
Elementary School, who two years ago we even went out and started a clinic and
then handed it over to HRS, also sends us students, as well as Riverside
Elementary School. And we recently had a referral from Booker T. Those are
the people we treat. Within our City, within the poverty of this City, is an
extensive amount of disease. Let me quote you an article by Dr. Burr from
public health that came out in November of 1990, "...nine of every 100,000
Americans has pulmonary tuberculosis. In Dade County, that number if 23.
Within the City of Miami, it is 54. Once again, we take the number one spot
in the nation. That is a disease that represents poverty, and those numbers
are exclusive of the homeless population. We live in a poor City. The people
that we treat come from the poor areas, and we continue to offer them
treatments. We're also very proud of our medical school and in particularly,
incredibly proud of Camillus House because we have been designated a model
clinic in delivery of health care for this nation from the Secretary of Health
and Human Services. A year ago I wrote a letter to the Miami Herald
representing some thoughts and an experience that I had. And let me finish
off with this. I wrote this March 13th, 1990:
"It had been six years since I began treating homeless individuals
at Camillus House and then the Camillus health concern. The
response to staff the clinic with volunteers, supplies and
equipment not only reflected the sensitivity of our citizens, but
was a prime example of our health care community responding to the
medical needs of the homeless. The years have rolled by. My
family has grown. I now have a daughter that's six years old,"
she was five when I wrote this, "...and a son that's three years
old," and he was two when I wrote this. "So I continue to fight
even harder to make Miami the Miami it should be. A year ago, as
I walked under the overpass - this is at 395 - I came across two
couples cooking chicken on their homemade grill. Both women
pregnant, sat proudly with their spouses and spoke of the future.
It's interesting to me how I too experienced the thrill and beauty
of my wife's pregnancies and the birth of my children, as well as
the hope for a better future for my children and the world. Then
I realized that a situation I had once hoped to beat was literally
giving birth to its second generation. If the lack of homes, food
and bath rooms don't move you. If the incredibly high rates of
diseases, such as tuberculosis, don't shock you, then I hope that
this experience I had will. It's devastating to me, the first
American born of an immigrant family - my parents are from Cuba
to see my community, my City and my country experience this.
Miamiams, we as each of you, are part of this government, so
please speak up and speak out. Let us do something. Allow this
move. It's bad enough when children become homeless. Let us not
allow a generation to know no difference."
Thank you.
(APPLAUSE)
Mayor Suarez: Monsignor, before you speak - turn off the clock just for a
second if you would - regardless of how we vote un this, I have to say this on
the mike at this point, and we are extremely proud of the Overtown, Edgewater,
Omni, Wynwood neighborhoods, we're proud of the work you've done. But in a
very, very special way the City of Miami is honored by having Dr. Greer
testify as it is by having you do the work you do in our community, Doctor,
and I just want to say that on the record.
(APPLAUSE) a
Mayor Suarez; And if nothing else comes out of this hearing today, regardless
of how the vote turns out, what solutions we fashion, I surely hope that we
take as Armando expressed it and all of you on the opposition side, that we
take the work that you've done to heart in making sure that no homeless s
uncared for and without a roof in our community, and that we spend all of our
resources to that end for as long as we're in government and is the private
sector - it is not just government's task - so I just wanted to saythatch
the record. Monsignor, I'm sorry.
207 February 20, 1991
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Monsignor Brian Walsh: My name is Brian Walsh. My address is 9401 Biscayne
Boulevard. I am the executive director, have been for the last 35 years, of
Catholic Community Services. Catholic Community Services operates 15 separate
programs, different locations, within the City of Miami; from day care centers
for the elderly and children to family service centers, employment services
and facilities for people with AIDS. Surely tonight all of us in the
community are faced with grave dilemmas, and it's very easy to agree with the
last speaker each time a speaker comes up, where it can be swayed one way and
another. Clearly the City Commission is faced with a situation that calls for
the wisdom of Solomon. My only hope is that they can also have the compassion
of Solomon in reaching their decision. Tonight, there's no question that the
City of Miami needs Camillus House. It not only needs Camillus House, but it
needs at least, at least minimum, to reach the standards of an American city,
at least a half a dozen similar programs within the City limits of Miami, and
at least a dozen to fifteen more throughout the County. We're number one in
Miami in many areas, and one of them is about how little we, as a community,
do for the homeless and how little Metro -Miami does for the homeless, and how
little the State of Florida does for the homeless. Nobody is going to give us
any arguments, but in that regard we are number one. I have one very brief
announcement for the people of Edgewater, which I agree has many
rehabilitation centers. One of them is the center on 27th Street beside the
bay operated by my agency. We've been there for something like 30 years - 25
years - now. I want to assure the people of Edgewater that we are about ready
to move that center out of Edgewater. And I have, in a sense, I'm saying to
you is we're not increasing the number by moving Camillus House into an area
that is quite some distance and well protected from Edgewater. But the
Bethesda Manor will be moving from Edgewater into another location, and
hopefully, within a few months. We are very concerned about this. The City
has to come up with a place for the homeless. In the old days, the City of
Miami used to put them on the train and dump them at the Florida border, at
the Georgia -Florida border. That was the way we took care of the homeless in
the good old days. Unfortunately, for some people, it's unconstitutional to
do that now. We have to find other solutions and better solutions. These
people are men, women, and children. The Posner study showed us this. The
stereotype view that we have is clearly not... if Camillus House was to limit
itself to the traditional homeless, it would be ignoring the big problem. The
big problem are the children sleeping under the expressway, the elderly, and
the handicapped just released from the hospital. These are the people we're
talking about tonight. We're not talking about the so-called bums on skid
row. Thank you very much.
(APPLAUSE)
Mayor Suarez: OK, Mrs. Gibson.
Ms. Thelma Gibson: Mr. Mayor, members of the Commission, I'm Thelma Gibson
and I live at 3661 Franklin Avenue, And I'm here with my old public health
nurse hat this evening, and I volunteered to come here because I feel that we
need to have some compassion for what's happening in our community, and
especially because of the homeless in our community. As a public health nurse
back in the 60's, I worked in the Overtown area and I was a supervisor of
nurses in that area. And so I know the area very well. And I was a bit
' b di b t the area because I
appalled at some of the things I ve een rea ng a ou ,
happen to know that area. I'm up there every Week because my late husband is
buried in the City cemetery, which is right across from there. And as the
immediate past president of the Mental Health Association just a year ago -
even less than a year ago - we moved into that area on N.E. 17th Street and we
}.
run a day care center for homeless women and children. And I'd like to have
you know that because of the compassion that we show for those people as, they
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come in, and we see some 18 to 20 women and children everyday at that
facility. They have to get out of the housing in the daytime, and so they
come there for day care. And for those who don't have a place to go, we have
gotten housing for them and because of the kinds of care that we have given to
the homeless women and children, many of them have found jobs and they are
becoming citizens that are working and making their contribution. And I think
{'
that what's happening with Camillus House, if it.'s in that area and there is
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the railroad, and I know Phyllis Wheatley very well because I was a school
nurse there way back, and they will not be going... if you know the homeless
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.t all, those men want to come - women and men - want to come and eat. A
they aren't going over into that neighborhood. You see them downtown under
the ex reeswa , and I think that last Sunda one of our deacons
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sermon and for the first time, she had gone into community with her brother
who is a policeman, and she was appalled because she had never seen this
before. And I thought, oh, my God, where have you been? -because it's been
here. For the past ten years we've been seeing this, and ever since the
expressway has been built, we have seen people having to have their little
houses with their mattresses, or their carton board boxes or anything else
under the expressway. And I think if they have a facility where they could
go, and this is certainly a better facility than where they are. And I guess
the red light is blinking for me, but I just have to have you know that I'd
like for this...
Mayor Suarez: Actually, for the whole group.
Ms. Gibson: ...Commission to know that if you have brothers and sisters, you
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know, and if you have children, they are just one step from being homeless.
'
And I always say, there, but for the grace of God, go I. Because I was reared
in this town, a poor girl who had to work hard, and I think that if we give
these young people an opportunity, they will be able to be contributing
citizens. Thank you.
Mayor Suarez: Thank you, Mrs. Gibson.
(APPLAUSE)
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Mayor Suarez: Final speaker. Quickly, please.
Mr. Gary Lyons: Good evening, Commissioners, my name is Gary Lyons. I reside
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at 726 N.E. 1st Avenue. To make it very brief, I come to you tonight just not
as a former homeless man, but a rehabilitated man due to the efforts of
Brother Harry and the Camillus House. At one time before I came to Camillus
House, I had a very successful construction business. I lost everything,
ended up in a mental institution. I remember one thing from that mental
institution, they promised me - this is in Florida - they promised me that
they would give me a place to stay. They would give me employment. This did
not materialize. The day of my release they had put me in a cab, sent me to
the Camillus House. And here I was, standing outside not knowing what to
expect. Brother Harry, in the kindness :of his heart, had let me in. He
taught me many things. The biggest thing Brothers of the Good Shepherd taught
me was to begin to love myself. And today, I have that. Right now, I'm in
the process of leaving the Camillus House to become a productive and
substantial citizen of this community. Thank you very much.
3
(APPLAUSE)
Mayor Suarez: Please. If you want to just wrap up then, because there's:no
'.3
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rebuttal or anything like that, Bob, so...
Mr. Traurig: Well, I would merely say...
Mayor Suarez: That's right.
Mr. Traurig: ...that Beth Sackstein said, it best, despite all the brilliant
speeches by so many people. And that's, "Give us your homeless and your poor
and we'll take care of them." Thank you.
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Mayor Suarez: Thank you, Bob.
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(APPLAUSE)
Mayor Suarez: Most of the emotional arguments and the witnesses and so on
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have been given. Perhaps you want to emphasize a couple of legal matters...
Mr. Fletcher: Yes,
Mayor Suarez; ...and, if so, you certainly have a right to do it, and then we
go ahead and discuss and vote.
-;
Mr. Fletcher: Sure. very briefly, I'd like to make certain that the raov¢
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in complete by moving into evidence the various exhibits that we have. ahoy
you and give you some additional copies of those items, if i may, Audoth4t.
would be these items here, which I will not take the time to hand out 40w; ..i+ut
give you as soon a8 possible. They also include the City's aeri.al'photAg a h►
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the zoning map, and also a letter which is dated January 30, 1991 to Mr. -
Savitz from the Chief of Police which contains statistics which made up this
large board down here which you saw. It is an emotional event for something
like this to take place. But I'm going to start back, or pick up, I should
say, because when I started this I read to you two newspaper articles that
seemed to indicate the feeling of the City. And I went back and I read the
transcript way, way back when you were considering this property, when you
were considering the Camillus move originally, before we ever got to any
hearings. And I noted that there is a - not an eagerness - but a sort of
sense of relief that this facility is moving from where it is. Because the
people who surround it - not the facility, not the physical structure - but
the people who surround it who are homeless. And there are many varieties of
homeless, women, children, men. There are some in need of mental assistance.
There are some in need of physical help. There are some who have just
economic problems. There are some passing through. There are some there
because they want to be there, believe it or not, as the sociologists tell us.
I hope they're rare. But nonetheless, the intent is to move this facility
from where it is because it is incompatible with the development, or
redevelopment of an area. And so what is happening is, it's being picked up
and put down in another area that is already servicing this City with many,
many facilities. And for the various reasons that have been expressed to you,
that's inappropriate. Now, Mr. Traurig, to quote him, said, "This will be a
handsome facility." I accent to you, it is not the facility. If it were a
regal facility beyond being handsome, it is not the physical structure. It is
what comes with it. Because what will happen is, all of the people who are
serviced by this will be in this area doing what they do at the present site.
The OEOW would like to address the suggestion that was made somewhere along
the line that there be an additional condition attached. And I think it's
important to understand why conditions are attached to relieve or zoning
actions. It's because we all know right up front that the action itself is
incompatible with the area, and you attach conditions under the theory that
those conditions will in some way alleviate the negative impact on the
community. In this situation, the conditions will not do that. For one
thing, who is going to sort the people when they come? Who's going to count
the people when they come? Who is going to - when it comes down to
violations - enforce these conditions? Is that going to be placed back on the
community? We have much experience with the difficulties of enforcing
conditions to zoning resolutions. Not only that, we are well familiar with
what happens. When a facility like this is built, and they start violating
the conditions because they cannot meet them, they will be back to you saying,
lift the conditions. Let us do what we originally wanted to do. And it
happens all the time. And you know I'm a zoning lawyer of almost 30 years, I
see it constantly. But you know it better than I do, because you have to make
all those decisions constantly and consistently. The entire OEOW area - and
don't lose who they are because they got initials. It's the Overtown,
Edgewater, Omni, Wynwood people who are standing here, and outside and {
upstairs and everywhere, and listening. I'm very concerned by what appears to
be a suggestion, sub-silencio, that somehow or other these people don't care
and they just don't want something bad in their backyard. That's been
addressed and I won't repeat it. That's not true. These people are
desperately trying to live with what they already have and they're saying to
you, please stop at this point. These people do care. Any such suggestion or
appearance that they do not is just dreadfully misplaced. These people that
I'm very happy to represent - and this is my last sentence - these people I'm
very happy to represent are going to have to gc home and live with whatever
you do and that will be for years. And if you approve this, they are going to
have for years problems not only that will be brought to their community by
this, but subsequent problems. And I thank you.
Mayor Suarez: Thank you.
(APPLAUSE)
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Mayor Suarez: Guillermo, what is the Planning Department and Zoning Board's
recommendations?
i Mr. Guillermo Olmedillo: Yes, sir. The recommendation that we have is on
page 1A and in page 95A of your package, you have the decision of the Zoning
Board, which has been appealed to you, In addition to it, staff has to
respond to the appeal letter which is page 5 of your package who there are
four items which were the substance of the appeal. First is that the
proposal
violates the City's Comprehensive Neighborhood Plan. I would submit to you
210 February►, 19i
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that the future land use language indicates no prohibition, as the letter
reads, for a residential use. And, as you kno4, the Comprehensive Plan makes
reference to the zoning ordinance as to the specific uses, and in the zoning -
ordinance we have that the industrial district refers to the C-2 district
which is the first district in which the rescue missions are allowed. The
second question raised by the letter is that this is a CBRF (Community Based
Residential Facility) and the applicant did not file for CBRF. The definition
of a rescue mission is clear in the definition of the zoning ordinance. And
it states that it's a facility with a dormitory style residential facility for
this type of clients. Then the letter goes on saying that the standards of
article 13 are not justified, or not applied. That specifically what is being
addressed with the conditions that are contained in pages IA and 95A. Those
are the conditions that ameliorate any impact into the area. And the fourth
item is that it is not compatible with the area. Again, I must address both
the conditions that the Planning Department recommended and the conditions
contained in resolution ZB107-90, which is what you're considering tonight,
which is what the conditions that the Zoning Board subjected this application —
to so that the impact on the neighborhood is lessened.
Vice Mayor Plummer: Do you recommended approval from a professional
standpoint?
Mr. Olmedillo: We did recommend with a series of conditions. Like I said,
they're contained on page lA so that we don't have them too lengthy.
Vice Mayor Plummer: Well, since everybody doesn't have page 182, why don't
you briefly recite them.
Mr. Olmedillo: Well, for the record, it says, "...approval per plans and
letter from the applicant on file and in addition subject to restricting the
manner of operation of the rescue mission and transient facility to allow
waiting lines within the interior courtyards only. Gates to be opened three
hours before and three hours after meal serving time, or overnight
registration. Two, a twelve hour surveillance, 7:00 a.m. to 7:00 p.m. system,
on N.W. Miami Court and N. W. 18th and 19th Streets within a hundred feet of a
facility. Three, the control of clients within an area bounded by 1st Place
on the west, N.E. 2nd Avenue on the east, N.W., N.E. 20th Street on the north,
and N.W., N.E. 17th Street on the south. System to be provided by the
applicant and acceptable to the Law Department, Public Works Department, and
Planning, Building & Zoning Department. Four, limited to 500 clients per day
except three times a year in which case 800 clients will be allowed. Five, at
least two off -duty police officers to assist the park personnel in the
surveillance of the park from sunrise to sunset. Six, a van, tram, or jitney
service available to clients in the area to transport clients so that they can
wait inside the rescue mission walls." That was staff's recommendation. —
Vice Mayor Plummer: Was all of those approved and accepted by the Zoning
Board?
Mr. Olmedillo: No, sir. They were modified, that is page 95A and with your
indulgence, I will read from it: "The Zoning Board granted a special
exception to allow construction, operation of a rescue mission and transient
facility for the property located at 180- N.W. Miami Court, also
described...," and they go through the legal lescription. "...subject to
restricting the manner of operation of the rescue mission and transient
facility to allow waiting lines within the interior courtyards only. Gates
have to be open one hour before and one hour .after meal serving 'time. A
twelve hour surveillance system on N.W. Miami Court, N.W. 18th and 19th
Streets within a hundred feet of the facility, 24-hour camera surveillance,
one off -duty police officer during meal hours, approximately 2:30 p.m..to 6:00
p.m., six days a week. Approximately 32 crew members and the Brothers ;to
provide security at all times. No loitering or sleeping around the premises
is permitted, limited to 500 clients per day, except three times a ,year in
which case 800 clients will be allowed. Camillus House will assign crew as
part of its work program to help keep Dorsey Park clean, as well.as the area
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within one block radius of the proposed site, withholding of the van, tram, or
jitney service being made available to clients In the area until the item is
returned for complete review. These conditions one year from the. date ;of
issuance of CO (Certificate of Occupancy)."
Vice Mayor Plummer: So there were two differences. One was the hours of t,h�
pate being open and from two policemen to one,
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Mr. 01medillc
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Mr, Olmedillc
Mr. T'raurig:
Mr. Rodri'gue
Vice Mayor P
the volicema
Vice Mayor Plummer: What?
Mr. Rodriguez: The requirement was for them to pay for the policeman,
Vice Mayor Plummer: They would pay for the policeman. OK.
Mr. Olmedillo: For the applicant.
Mr. Rodriguez: For the applicant.
Mr. Olmedillo: The original applicant.
-
Vice Mayor Plummer: Huh?
Unidentified Speaker: The Zoning Board dropped that one, so that's another
difference.
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Vice 'Mayor Plummer: No, they dropped from two to one.
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Mayor Suarez: What is the recommendation? Is there a recommendation?.
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Mr. Olmedillo: The staff's"recommendation was approval subject to all those
conditions and Zoning Board's decision was to approve with all those
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conditions.
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Mayor Suarez: We heard the Zoning Board's action already, I'guess$ on the
record,' all right, so we're OK with that. All right, Commissioners. "
Vice Mayor Plummer: The hour is here.
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mayor Suarez: Eighty thirty-eight. We need to take least one other item
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tonight, so let's bite the bullet.
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Commissioner Alonso: Well...
Mayor Suarez: Commissioner Alonso
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Commissioner Alonso: Yes.' We have heard very emotional presentations here
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today. We all know how difficult this subjsct is. Whatever we do here.
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tonight; a large group of people are going to be unhappy. They will think-
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that we .are not following our job, .and the will accuse us of lack, of
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sensitivity one way or the other: Compassion is a very serious word And one
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that we have heard many' times here tonight. And we know that there is a lot
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of compassion among the people of one side and the other. Compassion is
something that the 'citizens of Miami have a lot of it. If we were 'to look
around our` City, we will see that the citizens of Miami, through the years°�"
have taken care of their responsibilities. Tonight we have to make a decision._
that is''not easy. If we were to say no to the neighborhoods, we ",will `be
defeating `their purpose of improving their area one more time. Tf we were' 1 0 "...
say no to Camillus House, we will be doing the same thing and people will say,'
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the City Commission is not paying attention, or responding to the homeless.
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And I want to address that problem and say, I wart you to look at the' -general
picture in Dade County, I agree with Bob Traurig when he said, this
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society's problem. This is not only the problem of Miami. It's s pr"Qbi.em of
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Only the problem of Miami. And I have the peri?aCt solution to this
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If everyone here today were to agree that this is the problem of society, we
could solve the problem very easily. Coral Gables will take 50, and Miami
Beach will take 50 (APPLAUSE AND CHEERING) and Hialeah will take 50, and North
Miami will take 50, and everyone... (APPLAUSE AND CHEERING)...and Miami will
take 50, and the problem will be resolved. And we all will be having the
problem in our neighborhood. Therefore, will make us aware of the real
problem, and it will help us go to the federal government and say, respond to
the needs of the homeless, And it will help us go to Tallahassee and say,
respond to the needs of the homeless. But what we hear the most is, City
Commission, citizens of Miami, respond to the problem. We've been doing that
for a long time. I think probably we are the only City Commission who has
said, yes, we want to help. We're probably the only Commission that has said,
yes, we want a homeless coordinator. We are probably the only one who have
truly addressed the problem. It's about time the rest of the cities and the
County addressed the problem as well, (APPLAUSE AND CHEERING) I have
received through the months letters about this high. People telling me,
telling us what to do that we should help the homeless, that we should resolve
the problem. When I check the address of these people, most of them live
outside the City of Miami. (APPLAUSE) That doesn't say that they are less
compassionate, or that they care more or less about their neighborhood. But
what is a fact is that people don't like to see problems when they go to their
castle, to their home. They want to be secure. They want to see beautiful
things. They don't want this in Kendall where they have spotless areas and
beautiful lawns and houses well kept. They want to see it when they come to
downtown Miami. They go in and out of their offices, and during lunchtime
they kind of glance the other way because it might spoil their lunchtime. But
then they write to us letters, and they tell us, resolve the problem. Yes, we
want to resolve the problem. Yes, the citizens of Miami want to resolve the
problem. I tell you, I have the answer. Let's share the problem. If we all
agree that this is a problem of society, and I agree, it is a problem of
society, but it's not only the City of Miami's problem. Let's say it is our
problem, Dade County. And if we all accept the responsibility, we can find
the solution tonight. If you tell me that Coral Gables takes 50... and I have
talked to Harvey and I talked to Bob Traurig yesterday in my office, and I
asked them, do you think that some of the churches will take some? And I
suggested Kendall and Coral Gables and Hialeah and whatever areas, and I was
told, no, they are not sure that they will be able to deliver places that will
be willing to take the responsibility. Why then the citizens of Miami have to
take all of the numbers? Let's say that we follow the suggestion of Bob
Traurig and the Brothers, and we say, yes, we are going to take 150 in that
area, and it's going to be children and women and families. It sounds great.
I'm inclined to say, yes. This is the middle of the road solution. But let's
be honest about this. Are the Brothers going to turn away the rest of the
people? No way. They will not. If people come to their doors, they will
receive them. I would do the same thing if I were in their shoes. I will not
turn them away. Therefore, we have to agree on a plan that will really be -a
long term solution to a serious problem that wts have. And we know that we
have a serious problem. I was the person who came to this Commission and
suggested that Livia Garcia was appointed to the job of Homeless Coordinator
because I wanted us to recognize the problem. And I work out and we were
finally able to get her into the job she has now. But then again, it is only
our problem? No, it is not. And I hope that when we leave here tonight,
people recognize that we have the sensitivity that we care about the problem,
but that we also care about the people in Miami. I cannot vote in favor of -a
Camillus House in that neighborhood and continue with this problem.
(APPLAUSE, SHOUTING, CHEERING)
Mayor Suarez: Thank you. Please! Please! Up to now, both sides have been
magnificent. You've conducted yourselves excellently for the number of
people - I think we've broken all the records a" City Hall forthenumber of
people on a particular issue. We've also broken most of our fire codes, and
all I can tell you is please let's just continue the discussion, deliberations
and final vote in that atmosphere. You're just taking the time away from any
of the other Commissioners that might want to make any remarks, or ask any
more questions and from all the rest of us whoa love to go home, I'm sure,
Anything else from any Commissioner?
Vice Mayor Plummer: Well...
Mayor Suarez: Vice Mayor Plummer,
213
Vice Mayor Plummer: There is no right place for Camillus House. The City of
Miami approached Camillus House to move. They didn't approach us, we
approached them. They had one location chosen which most everybody knows I _
fought tooth and nail because I didn't think it accomplished a thing, and
under much different circumstances. Worked with them to try to find another
location, and they came up with a location. If we vote no tonight - and I can
easily vote no - Camillus House stays where they are. They're not going to go
away. They're going to be exactly where they are, in a horrible condition,
bad facilities. But Brother Harry is going to stick it out. And he's going
to still be there, and whether we like it or not, some of those people are
going to be up in your area, down in other areas, and in the downtown area. I
guess the real question that is in my mind - and I've made this statement
before - I have gone to the Rescue Mission, and I don't think anybody can find
fault with the Rescue Mission. OK? They run a first class outfit. In the _
four occasions that I have gone there, unannounced, I have never seen anybody
sleeping on the sidewalk. I have never seen anybody loitering in the
neighborhood. They are all within the walls of the situation. And I leave
there and I go to Salvation Army, which is around the corner. I've never seen _
anybody sleeping on the sidewalk. I've never seen anybody loitering in the
area. So I guess it really comes down to the fact, is or could be the
Camillus House operation as proposed, in the sams light? And if so, could we
hold them to that promise? I don't think anybody here tonight, nobody, if in
fact, what they said was true, could sit in my seat and vote against, that
they would limit only to women, children and handicapped. How could you vote
against that? In a first class facility, you can't vote against that. No
way. How could or would we, as someone said before, be able to enforce? Now,
that's on the positive side for Camillus House. I'm the one who put in the
regulation many years ago that says, hey, we got our share. No more rehab
places without the rest of the County picking up their share. They haven't
done it. They haven't done it. As I sit here right now, and I'm going to
conclude my statement, it is the first time I think, in the 20 years that I
have been here, that I am a typical, typical politician. I could vote either
way. Because I know that if I vote no, they're going to be there. They're
going to be there. No question in my mind. If I vote yes, in a way I see it
as a better situation than what they presently have and they would go back to.
And so, that's why I'm listening. I heard Miriam Alonso, who I think has a
great suggestion and God knows, if there's any way in the world that it could
work, I'd vote for it in a minute without any hesitation. But the problem is,
they're not going to take them in Coral Gables. They're not going to take
them in Kendall. They're not going to take them in Miami Beach. And that's
reality. So, we're saddled with a problem. So all I'm saying to you is, I'll
wait and see what the motion is, and I'm going to have to vote my conscience.
And I could go either way, I really could. Because there is, as I say, no
right place for Camillus House.
Mayor Suarez: Anything further, Commissioners? Anybody want to move the item
one way or the other? Commissioner De Yurre.
Commissioner De Yurre: We've been listening here now for almost two hours...
Mayor Suarez: Just about two hours.
Commissioner De Yurre: ...and we've been listening not just for two hours,
ae've been listening for years to the problems that we have with the homeless.
lnd in the three plus years that I've been here, and I've been pretty involved
Ln the whole process of negotiating the contract and trying to work something
:hat was suitable for everyone, we have seen the original concept of moving
Lnto a hotel type half -way home situation on the other side of the expressway
)n 5th Street. And then there were going to be satellite feeding places
throughout the community to feed the homeless, understanding that, that hotel
could not be a soup line. But it seems like as the process went on and
'.amillus House started looking for existing satellite facilities - existing
:hurches that were feeding to pick up, maybe, an extra 20, an extra 30 - it
iasn't accomplished. It wasn't there. My concern is that if we were to go
ahead with the 150 non -male - I guess, or just women, children, or what in
suggested here - what happens to the rest of the population? What happens to,
of the hundreds that will not be fed there, where do they go? If Camillus
louse is under a contract that within two years from closing, they have to
:lose down the existing facility, where are those hundreds of individuglo
;ping to be fed? And that question has not been addressed here. When we look
It the existing area, the proposed area, and - you still have that map there
of the social services that are being provided in that area?
:1
Mr. Fletcher: Bringing it right up, Commissioner.
Commissioner De Yurre: If there's ever an area - and turn it around so the
people can see it - if there's ever an area that has taken a full load of
responsibility for social services, it has to be this area. It looks like a
Christmas tree. Now, nobody is going to win. Miriam has alluded to that.
It's a "no win" situation for the people that are here. But I feel that we
are not providing a solution to the issue at hand. Allowing 150 people to be
taken care of at this facility is not going to deal with the issue of the 500,
700, 800 other people that need to be fed daily. And I'm not in a position to
vote for a situation wherein I do not know the end result. Because I have no
idea where these individual people are going to and up. I don't know if
they're going to end up in Allapattah. I don't know if they're going to end
up in Little Havana. I don't know if they're going to and up in Coconut
Grove, in Flagami, in other areas of our community. And I don't think you
guys know either. So, we're caught in a situation wherein I cannot, in good
conscience, go ahead and allow one more social service facility to be burdened
on the shoulders of these fine people. Understanding the need for Camillus
House, understanding the lack of funds that exist for a need such as this.
But in good conscience I cannot vote tonight to allow this location to be used
as the proposed Camillus House.
(APPLAUSE)
Mayor Suarez: Please.
Commissioner De Yurre: And, Mr. Mayor...
Mayor Suarez: Please, please.
Commissioner De Yurre: ...unless Commissioner Dawkins wants to say something,
I'm ready to make a motion.
Commissioner Dawkins: Well, this is, as J.L. said, one of the few times when
it's.difficult to be a politician and a human being. We did send Camillus
House out to find a place, and the mayor spoke so highly of the doctor, but
the person who has been most genuine in dealing with us is Brother Harry. Had
Brother Harry been here long ago, this problem would have been solved.. You
have yet to hear Brother Harry get angry with anybody. All you've heard him
say is, help me serve the people. But, as everybody up here has said, it's
amazing how it becomes the City of Miami's problem. When the homeless people
are picked up on Miami Beach, they are taken to the jail in the City of Miami.
When they are released, they do not return to Miami Beach. When they're
picked up in Coral Gables, they're taken to the City jail - I mean, the jail
within the City. When they're released, they do not return to Coral Gables,
and it's that way all around. So, therefore, these people who have no place
to go have to find Brother Harry. How do we reward the Camillus House for _
doing what we told it to do? I have an article here that I'm very disturbed
with. The State of Florida took people from under the expressway, and I'_ll
_ quote from it: "Part of the impetus to put the, homeless on the move again
comes from the City of Miami," Fiero said. Therefore, everybody does
something to the homeless and blame it on the City of Miami. You're asking me
to remove a problem as voters see it, from one area and take it to another
area without curing the problem. If I were to take - Brother Harry and. I
were to take Camillus House right now to the new site, we have not helped
anybody. Because we have not addressed the problem. And the problem is, as
Miriam Alonso said, somebody has to help us share this burden. You look _
around you, you'll see people classified as homeless. And as someone said, I,
myself, am only one paycheck away from the unemployment line, and you don't
know how many paychecks I miss before I too become the homeless. But, this jo
Dade County's problem. This is not the City of Miami's problem. And yet,
everybody in Dade County blames the City of Miami. Here's a letter from Barry
M. Seinfeld, M. D. - I want you to understand - from North Miami Beach. He
tells me, do not turn down the Camillus House, but hb doesn't say that we'll
take 15D of them in North Miami Beach. Here's a letter from J.R. Fox, 251
Crandon Blvd., Kay Biscayne, Florida, "Do not turn down the Camillus House."
l
And from my good friends at the University. of Miami, "I strongly urge you to ,.
support the request of Camillus House to operate in the City of Mieui." whyT
can't the University of Miami, since they're providing medical care end all,
take a part of the homeless on the campus of the University, of Miami?'
s
215 ' February 281 1991 x
(APPLAUSE AND CHEERING)
Mayor Suarez: Please, please....
Commissioner Dawkins: All of that rhetoric is beautiful. The Miami Herald
decides it must pick on the City of Miami. The Miami Herald is read by
everybody in Dade County. Why doesn't it suggest that we divide up the
problems and help Camillus House solve the problem by addressing the needs?
Camillus House must also share part of this blame. Camillus House does not
police its clients. As J.L. Plummer said, we have two facilities, yet you do
not see the type of behavior around that you see around Camillus House. But
unless we move to help Camillus House address the problem, then we cannot
demand that they police their action. I will not vote tonight to do anything.
Camillus House has my pledge to stay where it -'a, help it address the needs
until Dade County decides that this is a Dade County problem and, therefore,
we must address it as such. And I'm going to tell all of my friends over
here, f rom EEOEOW, that if I get promises or anything from the rest of the
County, that they through satellite feeding - I don't care through what - that
they will help address the problem, then I am going to vote to put a facility
on the property that we asked them to go find and limit it to 150 people. But
until I have assurance that somebody else, as De Yurre said, is going to take
the overflow, I'm fooling everybody. Of course we say we are going to take
women, children, and handicapped. That's a tearjerker. That pulls at your
heart. How could you turn down - where is it? This picture here of this -
just hand me this, please. How could you in good sense say no to this?
That's a tearjerker. OK? But when you say, yes, we're going to take the
children, the women, and the handicapped, what happens to the rest of them?
So we, up here, me, I'm going to have to say to you, you, you, and you, that
Dade County is going to have to work... As much as I would love to move
Camillus House out of its present position because as they said, the
developers who are developing Overtown/Park West, says it's a hindrance to
development. You do not take it from there to another area and make that area
a depressed area as you did where we are.
(APPLAUSE)
Mayor Suarez: Please.
Commissioner Dawkins: When the time comes, : will make a motion or a
substitute motion, that Camillus House remain Vaere it is until the rest of
the County decides that it's going to help Camillus House and the City, of
Miami shelter the needs of the street people, then I just cannot, in good
faith, have Brother Paul or anybody else move to another location where we
have not addressed the problem. Thank you.
(APPLAUSE)
Mayor Suarez: Bob or Harvey, there may be, not yet, a clear majority'
depending on how you answer the question of the limitation... I mean, I'm
inclined to vote favorably on your efforts to relocate, but I want to have an
answer to the question that Commissioner Dawkins was trying to grapple with
and that was also raised by Commissioner De Yurre, having ,to do with how do
you... what exactly are you proffering by way of a guarantee that you're only
going to deal with 150 people, if that's the figure I heard, and that, in
_
fact, you will not carry on the kind of activity that as much as we like it
and as much as we support Camillus House in its present configuration and its
present operation, it feeds, I think, roughly 16 people for every one that
resides there. And that's, of course, one of the great problems. that is
imposed on a community. I have to say before you answer that, that the
standard that we're supposed to be applying folks, is, among others, whether
this facility would adversely affect the area in question and I note the four
_
letters in your aggregate neighborhood association, Overtown, in many many
ways - although this is technically, I gather in Overtown, the new location
would benefit a great deal, I think, from the move. Omni should keep in mind
that the City of Miami has a tax increment district that we are looking to
spend substantial amounts of money that would otherwise go into the public
_
coffers, and that we're looking to spend them exclusively in the Omni area,
Edgewater - it's a tough one for me you've worked so hard to bring that
community back and to stabilize it. You fought for a while over a mini
station, and you finally agreed and it's just encouraging to hear and I'm op
r-
proud and pleased that you have not come here and told us that your whole
community has fallen apart in an effort to win your argument. And I really
i
216 Februsry 2$4lT
.
5
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Eli—
appreciate that because I think you could have very easily sort of done a
gloom and doom approach. And then, of course, Wynwood. How little we've done
for Wynwood over the years, and I am persuaded however that Wynwood would not
be adversely affected by this. Overtown would be improved. Edgewater is
sufficiently far away and divided by the tracks and the boulevard, et cetera.
Wynwood, all I can say is we need to do major things in Wynwood. God knows,
we've concentrated and I hope to meet with as many of the leaders of the
aggregate organization, the combined organization, as possible to discuss some
of these initiatives. I think some great things are about to happen in that
area and I know it's still promises because so little has happened over the
years. But, if you could guarantee me that, I mean, I'm inclined to vote in
any event. I think I would vote just with my heart for you, but I would like
to know in the hope that I can convince two of my fellow Commissioners to vote
along with me to allow the new location, to know how you guarantee and how you
plan to guarantee that, in fact, that would be the people that would be fed
there would be a maximum of 150 and it would be limited to the groups and the
categories that you specified, other than the people who live there. I
presume the ones who live there obviously get to eat there, and one of the
nice things that I... one of the interesting things that I've found tonight
and here are the arguments, is that no one has referred derogatorily about the
Miami Rescue Mission. We're obviously doing something right there. They have
a one to one ratio of people being fed to people in residence, and people
being helped. And I think, frankly, Camillus House was going to do and will
do in whatever location it ends up, a heck of a lot more than the Rescue
Mission. And that's not being in any way critical of them. I was chairman of
their campaign for fundraising for that new facility which no one has
complained to me about. It is a little bit farther west, I understand. But
what exactly is the proffer and how would you guarantee its implementation?
Or would it be something that would lead us to have the kinds of scenarios
that Commissioner Dawkins and De Yurre referred to?
Mr. Traurig: Obviously, Mr. Mayor, I did a bad job of explaining our overall
objectives. We were dividing it into phases. Phase I would be, build this
new facility and limit it to the women, the children, the handicapped, the
elderly, and the families. And that would be a maximum of 150 and we would
put our imprimatur on it and we would absolutely guarantee it, and we would
have all kinds of sanctions if we violated it. Obviously, we feed 500 now,
except on holidays...
Mayor Suarez: If somebody came to your door around meal time, would that
person be transported to a satellite feeding facility? -as I've been hearing
from the Homeless Coalition that is the thrust of what we want to do in Dade
County and, of course, from this Commission beginning with Commissioner Alonso
tonight and continuing to the Vice Mayor and to all the rest of us, that we'd
like to see the whole County shoulder the burden here.
Mr. Traurig: That's the point that I made so poorly. They wouldn't be
brought to our doorstep because we would continue to operate on 1st Avenue
until such time as we had the substitute facilities. And we were proposing
that there are some logical places. One of which is the Bobby Mad—
location. One of which is the Beckham Hall location and others have been
suggested by three Commissioners, and that is remote locations outside the
City limits.
Commissioner Dawkins: Bob, although I don't know what's going to happen here,
but it's no way that anybody can expect the citizens to accept - I mean, not
accept - but to have a facility at 19th and 20th Street, and then go right
over on 29th and loth and have another one. I mean, you're crowding out
the... I mean, it's just... don't even, I mean, don't think of that...
Mr. Traurig: OK.
Commissioner Dawkins: ...of putting one at Beckham because
the area and we're not spreading them out, Bob.
Mayor Suarez: Couldn't we contemplate the burden,
forced to go to other parts of the County if we
exception today? -as I'm inclined to do.
Hr.
with
the spillover, then being
agreed to the special uas
Mayor Suarez: That's what we're thinking about.
Mr: Traurigs And it may very well be that the other people...
Mayor Suarez:
It's not something that has characterized us
in the past
perhaps, but I
think it's beginning to change.
Mr, Traurig:
I think that there is a recognition of the urgency
of providing
for the poor.
And all we're asking you to do now it to approve
this facility
for those 150
plus residential clients.
Mayor Suarez:
And those restrictions ... (MORS FROM THE AUDIENCE)
gait, wait,
please! Those
restrictions are enforceable from our standpoint?
Mr. Rodriguez:
Yes, they are.
Mayor Suarez:
You know, the standard is...
Commissioner Alonso: How? How, can we enforce...
Mayor Suarez:
Go ahead, Commissioner, that's...
Mr. Fletcher:
Mr. Mayor, I would also like to address this.
Commissioner Alonso: I'd like to know how can we enforce...
Mayor Suarez:
I figured you might doubt that.
Commissioner Alonso: ...a regulation and really tell them, serve 150 people
and not one more. How do we do it? Tell me.
Vice Mayor Plummer: Oh, I can tell you how. I can tell you how right quick
like, but they're not going to go for it.
Mayor Suarez; Well, try it.
Vice Mayor. Plummer: Part of the proposal is that we pay them a million and a
half at the beginning. They then receive $100,000 per year for five years.
If they violate it, they don't get the last $500,000.
Commissioner Alonso: I want you to know that they are not asking us for a
hundred and fifty and that's the end of it. You are asking us for a -hundred
and, fifty at this location,, and you're also asking us for three hundred and
fifty or four hundred at a different location. Isn't that so?
Unidentified Speaker: That's right.
Commissioner Alonso: Exactly. So, let's address the total picture and not
�'.
fool ourselves into thinking that this one hundred and fifty and it "'a the and
of it. Because it is not. The problem is larger,,and what we.should be -.doing
is saying, let's go to the rest of the municipalities. Let's go and ask for
their support. Unite this community and say, let's resolve the problem. But
it's easier to come to Miami and say this is Miami's problem. And the Herald
E`
say At is our problem, and people read the Herald and say, yes, it -is Miami.1.8
problem. The problem is larger than what we can resolve. And it's -growing;
j,
because we are allowing the problem to grow. Unless we really face the
Y
reality oftheproblem, the problem is too large for you and for us. We need
help- in order to resolve this problem. Let 's do it. Let's not fool
=.`
ourselves. Let's keep Camillus House where it is now, and go actively into
this community and find long term solution to this problem.
-,'
(APPLAUSE, CHEERS, AND SHOUTING)
p
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Mayor Suarers "Please.
Commissioner Alonsos I care about this problem. You know I cars about this
3,
problem and I have given a lot of my time. 1 have sat with you,,we have.,
talked about this, we have looked for solutions, but we will not resolve I.;#je
problem by saying, hundred and fifty people here. And what 'do we 7do m thNt#e
zsss►t of them? We doa't feed them? We don't take care of their needs?--:;
Mr, Pletchers Mr. Mayor...
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Commissioner Dawkina: I go along with...
Mayor Suarete Commissioner Dawkins,
Commissioner Dawkins: I go along with Commissioner Alonso in that they,
Camillus House, remain where they are. But I would ask an amendment to the
motion, if it were made...
Commissioner Alonso: Yes?
Commissioner Dawkins: ...that Camillus House be reimbursed the $50,000 that
they spent on plans...
(APPLAUSE AND YESES)
Commissioner Dawkins: ...that we sent them out to get and bring back in that
were not used. Now, I could go along with them staying there if we reimburse
them $50,000.
(APPLAUSE)
Commissioner Alonso: I'm going to say we go and find a long term solution.
They stay where they are, and if, in fact, we find other cities and the County
to work with us, maybe they can build a facility there for the elderly, for
the homeless. But for a smaller groups, something that it is, in fact, a
solution to the problem. But as it stands now, it's just one more way to say,
well, we are doing something, the best we can at this time. But it's not a
long term solution. And we have, at this point, to really face reality and
look for a long term solution to the problem.
Commissioner Dawkins: Mr. Mayor...
Mayor Suarez: Yes.
Commissioner Alonso: Tell me, what do we do with the three hundred and fifty
that you are not going to feed? Where do we put them?
j
Commissioner Dawkins: May I ask...
Mayor Suarez; It's not 350, it's 5,000 people in this County and at least
we're doing 150 of them. But, Commissioner, Commissioner go ahead and then I
want to clarify* something about the problem with going back to the current
—'
site as the City Attorney just informs me. We actually have a binding
f
contract on acquiring that so...
Commissioner Dawkins: OK...
Mayor Suarez: ...that may have to be undone in some other way. But I like
your idea that if this does not pass, that we do reimburse them for $50,000'at
'
least.
t
Commissioner Dawkins: Brother Harry, you've heard all of this and you haven't
said a word. I'd"like to know from you if what we are saying is acceptable,
if what we are saying is doable, and how much of a hardship - for the lack of
a better word -'would it create on the operations of Camillus House if
Camillus House were to remain where it is until the problem can be addressed
where we do not have it recurring?
-
Brother Harry: Thank you very much. It will be a burden, but it's one I can
f
live with. I can live with that. I can live with staying right where we are,
What I would like is a decision one way or the ether. Right now, we' xe at a
�.
standstill, we're at a standstill. Do we go here, do we go there? What do we
do? In the meantime, we're at a standstill. The only one that's really
'
suffering are the poor :..nd the homeless. We're forgetting that. until a
decision can be made by the City Commission, in one way or the other, I can
live with it. I can also live with the fact that, yes,go to the County.
{
involve the County, ` involve the City. See if satell-its feeding stations are.
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feasible and viable, I think it's worth o shot. I'd go with ou.
y if'Ould
like a decision, one way or the other. Is it yes or no? I'll ii�►e with
either one of them., I guess I'm doing,,. asking for a vote;'
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21 yabsa►44
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Mayor Suarez: OX, that's where we are anyhow, at 9:22 p.m., so...
Mr. Veith: Wait, I think I'd like to say something.
Mr. Fletcher: gxouse me, Mr. Mayor, I would certainly like an op...
Mayor Suarez: Yes, John, yes. We're not going to forget about you. Things
are going your way, so, you know...
Mr. Traurig: Mr. Mayor, may I clarify something?
Commissioner Dawkins: Yes, let him kill it. Let him turn it around.
Mayor Suarez: You could lower your momentum, as we say here.
Mr. Traurig: Commissioner Dawkins was kind enough to suggest that an
equitable solution is give back to Camillus the fifty thousand that Camillus
has spent in reliance upon what we thought was the commitment and the promise
of the City of Miami to support this site. We would also assume that that
means that we would then terminate the contract, and we would be going back to
square one, and Camillus House has no further obligation to move from that
location. Is the correct?
Commissioner Dawkins: I have no problem with that.
Mayor Suarez: It's certainly the logical implication of it.
Commissioner Dawkins: I don't have no problem...
Mayor Suarez: It's certainly the logical implication of it. I can't imagine
any other way around it.
Mr. Veith: One other thing, if we stay where we are, we should have the
cooperation of the City so that we can do some rehab down there to help
improve. Not financially, but at least not to be an impediment, so that we
can at least do some things down there so that we can have a program that will
be easier to manage. In other words, we don't want...
Commissioner Dawkins: You get my commitment with that when you give me a
commitment that you will police the people that you serve.
Mr. Veith: OK, that's fine.
(APPLAUSE)
Mayor Suarez: Are you willing, if we were to tarn around and try to apply and
agree to cancel the contract and turn some of the same resources to helping
you, are you willing to try the same thrust that we've been discussing of
trying to spread the feeding effort throughout the community and limit in some
way or another at some point... I'm not asking you for a legal commitment
tonight, just a...
Mr..Veith: Let me just tell you that I'm committed and Brother Harry'is
committed to work with all the different committees to do the big job and the
County master plan to help all of the social services. We'll be there. We
just want to go back and go to work. It's been a whole year out here.
Mayor Suarez: OK.
Mr. Veith: We're ready to go.
Mayor Suarez; All right, Commissioners, unless there's anything further I
think we need a vote. John, I think you're doing pretty well here...
Mr. Fletcher: Silence...
Mayor Suarez: We need a vote first on the appeal. If you agree with the
posture being proposed, you vote favorably to the appeal and I will entertain
a motion on it. And then, we ought to near from the City Attorney quickly 4t
least. I don't know that we can solve it all today to unwind the adAtract,
but at least we ought to hear generally from you as to the implications of t%e
first vote, and ,then decide what other direct ves we need to give you to
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220 '24 1991,
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ee
j
renegotiate a wind down of that and might inclu:ie logically, as Commissioner
Dawkins suggested, a $50,000 reimbursement for expenses which we assume are.,.
Commissioner Dawkins: If you grant them the right to move, you don't have to
give them $500000.
Mayor Suarez: Exactly, but I'm assuming that the appeal will be upheld and
they will not have the ability to move and, therefore, we wind down the
contract and agree to pay them some amount. OK? So I'll entertain a motion
on upholding the appeal of OEOW. Actually, I think you filed it on behalf of —
just one....
Mr. Fletcher: There was a number of individuals.
Mayor Suarez: OK, number of individuals and one association, so.
Commissioner Alonso: OK, I will move that we approve the petition by the...
Vice Mayor Plummer: Uphold the appeal.
Miriam Haar, Esq.: Do you want to grant the appeal?
Commissioner Alonso: ...neighbors association and to grant them...
Ms. Maer% Grant the appeal and reverse the Zoning Board, deny the special
exception.
Commissioner Alonso: That's my motion.
Mayor Suarez: So moved.
Commissioner Alonso: To approve the petition as presented to us.
Mr. Rodriguez: Grant the appeal to deny the special exception.
Mayor Suarez: To grant the appeal.
Commissioner Alonso: Yes.
Ms. Haar: Grant the appeal and deny the special exception.
Mayor Suarez: So moved. Do we have a second oi. that?
Commissioner De Yurre: Second.
Mayor Suarez: Seconded. Any further discussion?
Commissioner Dawkins: Under discussion.
Mayor Suarez% Commissioner Dawkins and then Vice Mayor.
Commissioner Dawkins: We're moving to grant the appeal which means that
Camillus House is denied the right to move to the location. Is that right,
Mr. City Attorney?
—
Mr. Fernandez: Yes, sir.
_
Commissioner Dawkins: So, Camillus House then remains where it. in. Is that
correct?
Vice Mayor Plummer: That's up to them.
Me, Maori That's not this issue, right.
Commissioner Dawkins: Come on, don't play games.
:
Mayor Suarez: They've indicated they would stay where they are. They've
y
T
indicated they will then stay where they are,
Comissione►r Dawkrins: It they could go any place else, they would have Sp o a
Mayor Suarm Right.
221
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NOR
Commissioner Dawkins3 Come on, where else could they go? (APPLAUSE) So
therefore, does this commit this Commission to working with them to assist
them in relocating or using their money to build this facility where they are?
No. Maori May I respond to that?
_ Mr. Fornandet: Yes, my answer to that is that anything that the three of you
would say, would go. So if that's the desire of this Commission, that would
certainly be a proper vote to take, a proper decision.
Vice Mayor Plummer: Excuse me, are you finished?
Commissioner Dawkins: Yes.
Mayor Suarez: Vice Mayor.
Vice Mayor Plummer: Mr. Mayor, I was thinking - this might not be popular
with the downtown people - but with the promise that has been made to
Commissioner Dawkins, one of the things that we had indicated was the
commitment if we received, as we had anticipated, a hundred thousand dollars a
year for five years was part of the negotiated deal. If that money is still
available, could we, in fact - and I guess the answer is yes, but I want to
hear it - could we commit a part or all of that money to upgrade the facility
that is presently there? Is that possible?
Commissioner Dawkins: YeeeeaH00000l Wheeeeeewl
Mayor Suarez: Why is everybody looking back? Can we get an answer, please.
Vice Mayor Plummer: As I remember, the money was coming from federal revenue
and it was from social services aspect. Is that possible?
i
Commissioner Dawkins: Watch this.
Mayor Suarez: Right. Either from Community Development Block Grant, social
services component, or McKinney Act funds, or any other discretionary funds
that we obtain.
Mr. Rodriguez: I couldn't answer that. May I see if Mr. Odio can answer it.
Mayor Suarez:We can certainly change the pledge made to them for one
particular purpose now, for a different purpose. I'll answer your question.
That's what it was. Now we could also look at the million and a half dollars
acquisition monies which were set aside for capital improvements, and look to
some of that. And that came from another source.
Vice Mayor Plummer: OK, I guess the answer still resolves itself and would
have to be worked out, if three votes say yes, that's where it is.
Mayor Suarez: Absolutely.
Commissioner Dawkins: All right, but the City Attorney say we need to say...
we need to answer Brother Paul's question. Do you tell me yes, I go over
there, or do you tell me no, I don't go over there, I stay here?
Mayor Suarez: That's why we have a vote'... That's why we have a motion and a F
second on the appeal and we need to vote on that. And then we can discuss all
kinds of other measures.
Vice Mayor Plummer: Mr. Mayor. I would just like...
Mayor Suarezc Yes?
Vice Mayor Plummer: I'd just like to make one ccmment.
Mayor Suarez: Mr. Vice Mayor,
_
Vice Mayon Plummer: I can't speak for Mr. Fletcher, whether or not
he's doing
this Pro bono or not, but I do want to commend Bob Traurig, one
of finest
N
lawyers in this community... (APPLAUSE) .. ,who is doing pro boAo
and if you
:.
are, Mr, Fletcher, I commend both of you for getting...
i-r
222
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Vice Mayor Plummer: We110 OK. Maybe he can't afford to and Bob can, OK?
Commissioner Dawkins: He can't, he can't.
Mr. Fletcher: Yes, I don't live on the bay as Mr. Traurig does.
Vice Mayor Plummer: But I just want to commend Bob Traurig who has used a lot
of resources of his firm...
Mr. 'Traurig: Thank you.
Vice Mayor Plummer: ...pro Bono, to come here in a community service and
fight as hard as he knows how for a community service and I commend you, Bob,
and your firm for what you have done.
Mr. Traurig: Thank you very much.
Mr. Fletcher: May I join in that as his opponent, please.
Vice Mayor Plummer: Sure.
Mayor Suarez: You may join in that.
Mr. Fletcher: Thank you.
Mayor Suarez: Now we have a pro bono and a pro malo. We commend both of you.
(LAUGHTER) All right, the motion and second. Any further discussion? If
not, please call the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-178
A RESOLUTION REVERSING THE DECISION OF THE ZONING
BOARD. AND DENYING THE SPECIAL EXCEPTION CONDITIONALLY
GRANTED BY SAID BOARD PURSUANT TO ORDINANCE NO. 11000,
AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, ARTICLE 4, SECTION 401, I INDUSTRIAL AND C-2
LIBERAL COMMERCIAL, ENTITLED "CONDITIONAL PRINCIPAL
USES: ...2. RESCUE MISSIONS AND OTHER TRANSIENT
RESIDENTIAL FACILITIES BY SPECIAL EXCEPTION ONLY ...
TO ALLOW CONSTRUCTION AND OPERATION OF A RESCUE
MISSION AND TRANSIENT FACILITY FOR THE PROPERTY
LOCATED AT 1801 NORTHWEST MIAMI'COURT, MIAMI, FLORIDA,
ALSO DESCRIBED AS ALL OF BLOCK 21 LYING WEST OF FEC
RIGHT-OF-WAY, JOHNSON AND WADDELL'S ,ADDITION TO THE
CITY OF MIAMI, AS RECORDED IN PLAT BOOK B AT PAGE 53,
OF THE PUBLIC RECORDS OF'DADE COUNTY FLORIDA, ALSO
`
TRACT 19A, BLOCK 21, REPLAT OF JOHNSON AND'WADDELL'S
ADDITION, AS RECORDED IN PLAT BOOK 50 AT PAGE 15, OF
THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body` of resolution, omitted here and on
file in the Office of the City Clerk.)
s
Upon
being seconded by Commissioner De Yurre, the resolution was passed K:
and adopted
by the following vote:
AYES:
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
j
_
Commissioner Miriam Alonso
Vice Mayor J._L. Plummer, Jr.
NOES;
Mayor Xavier L. Suarez
ABSENT:
None.
14
COMMENTS MADE DURING ROLL CALL:
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Commissioner Dawkins: be Yurre says, say no, no. No.
Vice Mayor Piummert Did Dawking vote?
Mayor Suarez: He voted no.
Ms. Hirai: Commissioner Dawkins votes yes.
Vice Mayor Plummer: Well, you got to come down cne side or the other. I will
vote with the motion, and I'm doing that because I do truthfully feel two
things. One, that the rest of the community has a obligation as we do. And
two, we're not putting them out of business. They will still be there. I can
tell you, they have my commitment to try and work out whatever there is
possible that can be worked out, and I pledge myself to that service.
Commissioner Dawkins: That's not much, but we'll take it.
Vice Mayor Plummer: Go to hell.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: Now, as to what, if any, motions are in order as to the
contract...
Mr. Fernandez: Yes.
Mayor Suarez: ...or future direction to take or commitment on the $50,000
expenditure which I'm pleased that someone...
Vice Mayor Plummer: Mr. Mayor, I think it is only appropriate that we not
limit it to $50,000. I think any legitimate bills that they have expended to
be approved by the Manager for expenses. That's something we asked them to
do. I would cap it at $100,000, but it might be forty, it might be thirty.
Whatever they can produce to the Manager, he and he alone determines that they
were monies expended for this purpose.
Mayor Suarez: They said fifty, so it probably won't be less than fifty and
you're saying no more than a hundred, so... OK?
Vice Mayor Plummer: I so move.
Mayor Suarez:So moved.
Commissioner De Yurre: I'll second that with...
Mayor'Suarez: Seconded. Commissioner De Yurre.
Commissioner De Yurre: ...but I'd like to make an amendment` to that. Just
like` they've gone through expenses in making this proposal, they've gone
through expenses with an attorney and other zosts... (APPLAUSE) Well, you
know, if we're going to be fair, let's be fair. And let's, out of that
hundred thousand, they also get reimbursed for their costs, attorneys fees, at
cetera.
Commissioner Dawkins: Well, Fletcher's fee... (APPLAUSE) Fletcher's fee may
be a hundred thousand. What are you going to do then?
Commissioner Alonso: No.
Mr. Fletcher: Oh, I wish!
Mr. Fernandez: Hello?
Mayor Suarez: Well, I would appreciate, Commissioner, if you would make that
into a separate motion, because I'm afraid of a precedent that says we pay
both sides, whether they win or loss,
f.
Commissioner Do Yurra: Well...
Commissioner Dawkins: All right, take one motion at a time.
bk
224
i 7
Mayor Suarez: Please, let's take one motion at a time.
Vice Mayor Plummer: You know, that's... I'm sorry...
Commissioner Dawkins: Make your motion, J.L., it's 10:00 o'clock.
Vice Mayor Plummer: I made a motion. I...
Mayor Suarez: No, don't accept the amendment. Fine, the second doesn't
accept the amendment either. Vote on that, please. Call the roll.
Mr, Fernandez: But I need a little bit more direction, Mr. Mayor, on this.
Mayor Suarez: No less than... well, whatever the amount is but certainly no
more than $100,000 in reimbursement to the Camillus House.
Mr. Fernandez: ghat kind of expenses? Those that the Manager in his
discretion....
Mayor Suarez: Direct, out-of-pocket costs.
Vice Mayor Plummer: Solely at the discretion of the Manager.
Mr. Fernandez: Solely at the discretion of the Manager.
Mr. Odio: Yes, where's the money coming from?
Vice Mayor Plummer: What?
Mr. Odio: Where do I get the money?
Vice Mayor Plummer: The hundred thousand, and the five hundred we promised.
Mayor Suarez: But we're not talking people's times or anything like that.
Direct out-of-pocket costs.
Mr. Odio: You cannot get Community Development monies for that.
Vice Mayor Plummer: You will have to.
Mayor Suarez: Mr. Manager, we're about to undo a transaction that was going
to -cost us almost 2 million dollars. I have a feeling you could find the
money, please.
Vice M P1 L t t 11 hi '
ayor ummera me a you somet ng what you re saying.
Mr. Odio: I know what I'm saying.
Vice Mayor Plummer: You're saying you don't have the money, but I'll tell you
1
one thing, if they file a lawsuit, you have a breach of contract, you're going
to pay five times that...
Mr. Fernandez: No, no, no, Mr. -Plummer, there is no possibility of...
f,
Mayor Suarez:No,no, no, don't say that. _ Don't, no,.no, no.... No, don't
:
say that, please. That's not the way it works either.
Commissioner De Yurre: Where's the breach?
Mayor Suarez: All right, we have a motion and a second, and we do want to
reimburse you. Let me not limit what I just stated to out--of-pocket, because
maybe there is some fairness in reimbursing an attorney. I don't know -
anyhow... The Manager's discretion, I think the intent was basically your
cost. You mentioned $50,000, presumably that's the figure that we're thinking
about. Call the roll.
Mr. Fernandez: Again, I need to identify a source of funding, because to pads
x'
'
a resolution...
Mayor Suarez; The source of funding.
Commissioner Dawkins; The general fund.
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Mayer Suarez: The general fund, all right. And in any event, the general
fund is about to grow by a million and a half dollars depending on the next
motion, Mr. City Attorney, please. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-179
A RESOLUTION AUTHORIZING THE CITY MANAGER TO REIMBURSE
THE BROTHERS OF THE GOOD SHEPHERD, INC. FOR EXPENSES
INCURRED IN ITS EFFORT TO IDENTIFY A NEW LOCATION FOR
CAMILLUS HOUSE, IN AN AMOUNT NOT TO EXCEED $100,000,
SUBJECT TO THE CITY MANAGER'S APPROVAL OF SUCH
EXPENSES; TO BE ALLOCATING FUNDS THEREOF FROM THE
GENERAL FUND.
(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 Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: On the motion which I made, the answer is yes.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: What direction do you need on the contract, on a winding
down? -under the assumption that the other contracting party wishes down the
contract, which I guess they do, back to square zero for the lack of a better
term.
Commissioner De Yurre: Well, he doesn't have... I thought he said no.
Vice Mayor Plummer: Wait, wait, wait. If they don't agree to that, then I
want to revisit my last motion.
Unidentified Speaker: We agree.
Mayor Suarez: They did, they did. They said on the record. It',s just that
it takes two parties to sign a contract, it rakes two parties to'undo ":'a
contract. I want to make sure that they said on the record,which` they did-
Mr. Fernandez: Mr. Mayor, then you have to pass a resolution rescinding the
previous resolution that you had authorizing the City Manager to enter into
this contract and by so doing...
0
tom„ V
The following resolution was introduced by Commissioner Dawkins, who
moved its adoptions
RESOLUTION NO. 91-180
A RESOLUTION TERMINATING THE AGREEMENT OF PURCHASE AND
SALE AND THE SOCIAL SERVICES GRANT AGREEMENT, WITH THE
BROTHERS OF THE GOOD SHEPERD, INC. ("BROTHERS"), BOTH
DATED NOVEMBER 30, 1990 (THE AGREEMENTS); REVOKING
THE REVOCABLE PERMIT ISSUED TO THE BROTHERS ON
NOVEMBER 30, 1990; AND RE -OBLIGATING COMMUNITY
_
DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF
-W_
$2,0000000 AS THE CONSIDERATION FOR SAID AGREEMENTS.
e
(Here follows body of resolution, omitted here and on
m
file in the Office of the City Clerk.)
_ Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Fernandez: Mr. Mayor...
Ms. Hirai: Do you want to talk?
Commissioner De Yurre: You don't want to talk.
Mr. Fernandez: One more point.
Mayor Suarez: Is it as to the roll call, Mr. City Attorney?
Mr. Fernandez: No, after the roll call.
Mayor Suarez: Thank you, let's complete it then.
Commissioner De Yurre: I have a problem, Mr. Mayor, with this unwinding.
_
Commissioner Dawkins: Wait, let us finish the roll call.
Commissioner De Yurre: Well, I'm voting. The unwinding of the contract
because it seems that the whole burden again has been focused on Miami. They
looked to the downtown area for a solution only. And I think it's time that
we... if our message is, look to other areas, then look to other cities before
we get out of this contract. Look to the rest of the community. But
automatically, if it doesn't happen in downtown, we're saying it can't happen.
So I have to vote no on that.
Vice Mayor Plummer: Explain to me, I'm sorry.
Commissioner Alonso: He's right.
r Vice Mayor Plummer: This motion that is on the floor for my vote is what?
r
Commissioner De Yurre: Rescinding the contract.
n Vice Mayor Plummer: Extending the contract?
r�
Mr. Fernanders: This motion that you're..,
5•.
Mayor Suarez: Rescinding, rescinding.;
tr,
Commissioner Dawkins: No, rescinding.
x.
1,
227 Fobruary 28, 1994
tu......
t
Commissioner be Yurre:
rescinding, unwinding...
Vice Mayor Plummer: Rescinding the contract. I voted yes.
Mr. Vernandez:
Commissioner Alonso: I vote no for the same reasons as Commissioner De Yurre.
I agree with him.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: It is my hope that even though we've now, I think, got a
majority to rescind in accordance with your wishes, that we still could
revisit it one more time. We haven't all... again, just like we can wind it
down, we can also reagree if we came up with some alternative solution. And
if we were, in fact, able to get this entire community involved, which is
something that certainly has clearly come out of this hearing today. All
right...
Mr. Fernandez: Mr. Mayor, I need one more point.
Mayor Suarez: Yes.
Mr. Fernandez: I want Mr. Traurig as their attorney, and certainly one of
their principals, at very least, to, in fact, reflect on the record
categorically, that they're willing to mutually rescind this contract.
Mayor Suarez: I think they've said that twice, and the principal was Mr.
Veith, but if you need it from Mr. Traurig I believe there's no problem with
asking for that.
Mr. Veith: My name is Harvey Veith and I agree to rescind the contract with
the City for Camillus House.
Mr. Traurig: Mr. Veith is the executive director.
Mayor Suarez: OK, has presumably corporate powers should do that. Is there
anything whatsoever... Thank you, folks. Thank you everybody. I guess
there's not much more to do on this tonight.
45. FIRST READING ORDINANCE: AMEND 11000 - CHANGE PROHIBITION AGAINST
HOUSEBOATS TO HOUSEBARGES - ESTABLISH DENSITY CAPS AND CLARIFY USES -
SIMPLIFY REQUIREMENTS - REQUIRE CLASS _I SPECIAL PERMIT FOR EMERGENCY
VEHICLE ACCESS - CLARIFY LANGUAGE REGARDING ZONING DISTRICT BOUNDARIES`-
SIMPLIFY HOME OCCUPATION LANGUAGE, etc.
f
Mr. Jorge Fernandez: Thirty, Mr. Mayor.
Mr. Sergio Rodriguez: Can we get 30, first readt.ng?
ff
Mr. Fernandez: Mr. Mayor, we need to continue items, and we need one more
vote.
Mayor Suarez: On which? Is it item PZ-30?
:r
r: Mr. Rodriguez:. Can we get PZ-30 on first reading approved? -and change it
;
next time and then continue all the other items.
Commissioner Alonso: Well, for the record, I do have...
Mayor Suarez QX, I
do need -please, polka,
be kind to
us. You may not Iika
us, but..,
Please,
if we could get everybody
out of the
chambers and'hav+e.*:
.;:
the media,
pleasel
All right, well let's
try to do
it, it it could,<.
Everyone can
at least be quiet so we can do a
couple of other
items.
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- _ _ _
Commissioner Alonso: I will move subject to us taking care of few changes in
the next Commission meeting.
Mayor Suarez: On PZ-30?
Mr. Rodriguez: PZ-30.
Commissioner Alonso: Yes.
Mayor Suarez: So moved by Commissioner Alonso. PZ-30, first reading. Call
the roll. Call the roll, please.
AN ORDINANCE ENTITLED -
AN ORDINANCE, WITH ATTACHMENT(S), AMENDING ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, BY CLARIFYING CROSS
REFERENCING; BY AMENDING: SECTION 100, TO CORRECT
LANGUAGE AND A TYPOGRAPHICAL ERROR; SECTION 400, TO
DELETE "SD-19", "HC-1" AND "HC-2" ZONING DESIGNATIONS
AND DELETE SUBSECTION 400.2; SECTION 401, TO CHANGE
THE PROHIBITION AGAINST "HOUSEBOATS" TO "HOUSEBARGES,"
TO CLARIFY CITY COMMISSION INTENT TO ESTABLISH DENSITY
CAPS AND CLARIFY USES; ARTICLE 5, TO CLARIFY LANGUAGE;
ARTICLE 6, SD SPECIAL DISTRICTS, SECTION 601 THRU 619,
TO CLARIFY LANGUAGE AND LIMITATIONS; SUBSECTION
903.2.2., TO SIMPLIFY REQUIREMENTS, SUBSECTION 903.5.,
TO CLARIFY LANGUAGE; SECTION 904 AND SUBSECTIONS 904.1
AND 904.2, TO CLARIFY LANGUAGE FOR DETERMINATIONS,
SUBSECTION 905.1.1, TO REQUIRE A CLASS I SPECIAL
PERMIT FOR EMERGENCY VEHICLE ACCESS, SUBSECTION 905.2,
TO CLARIFY LANGUAGE REGARDING ZONING DISTRICT
BOUNDARIES, SUBSECTION 906.5, TO SIMPLIFY HOME
OCCUPATION LANGUAGE, SUBSECTION 906.6, TO REQUIRE A
CLASS I SPECIAL PERMIT FOR ACCESSORY PERMANENT ACTIVE
RECREATIONAL FACILITIES; SUBSECTION 907.9, TO CLARIFY
THE BUILDABLE AREA AND LIMITATIONS ON OCCUPANCY;
SUBSECTION 907.10, TO CLARIFY SECTION NUMBER AND
CORRECT A TYPOGRAPHICAL ERROR; AND SUBSECTION
908.10.2, TO CLARIFY MINIMUM LANDSCAPE REQUIREMENTS;
SECTION 909, TO CLARIFY MINIMUM DWELLING UNIT SIZE;
SECTION 917, TO CLARIFY LANGUAGE AND REDUCE PARKING
—
_ REQUIREMENTS; SECTION 918, TO CLARIFY MAXIMUM DISTANCE
LIMITATIONS AND PROVIDE FOR CITY COMMISSION APPROVAL;
SUBSECTION 922.2, TO CLARIFY PARKING STANDARDS;
SUBSECTION 922.7, TO ALLOW OPEN SPACE IN LIEU OF
DEFERRED LOADING SPACES; SUBSECTION 931.2, TO REQUIRE
CITY COMMISSION APPROVAL OF RESERVOIR SPACES FOR
FINANCIAL INSTITUTIONS; DELETING ARTICLE 10 AND
ARTICLE 11, TO CLARIFY LANGUAGE, AND ADD PROCEDURE FOR
AMENDING DEVELOPMENT PERMITS APPROVED UNDER PRIOR
ZONING ORDINANCES; ARTICLE 13, TO ADD SUFFICIENCY
LANGUAGE; ARTICLE 15, TO PROVIDE FOR COORDINATION OF
4
PERMITS; ARTICLE 17, TO CLARIFY TiRESHOLD CRITERIA;
;—
SECTION 2105, BY TRANSFERRING PROVISIONS, AND
CLARIFYING ,PROVISIONS REGARDING IRIOR AGREEMENTS,
PRIOR ZONING ORDINANCE AND TIME LIMITATIONS; SECTION
2103 AND 2107, TO CLARIFY LANGUAGE; SUBSECTION 2206.,2,
TO REMOVE CERTAIN PLANNING ADVISORY BOARD TIME
LIMITATIONS; SUBSECTIONS 2215.2 AND 2215.3, TO CORRECT
SCRIVENER'S ERRORS; ARTICLE 24, TO CORRECT REFERENCES;
AND SECTION 2502, TO ADD, DEIETE AND MODIFY
DEFINITIONS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor 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
3=
to the public.
-- -- ----- -- ------------------------------------------------------ -
46.----CONTINUE ALL AGENDA ITEMS WHICH HAD NOT BEEN TAKEN UP AT THIS MEETING TO
MARCH 28TH MEETING.
-------------------------- ----------------------------------------------------
Mr. Sergio Rodriguez: And continue...
Mayor Suarez: We need to continue all the other items...
Mr. Rodriguez: To March 28th.
Mayor Suarez: I don't think tonight is a good night, at this point, Fernando
and company, to handle any item that could be controversial because you may
end up on the wrong side of some of us because of the moment, the tiredness,
et cetera.
Unidentified Speaker: No, I know, but you still got to point it out.
Mayor Suarez: And we will include in that item 28, understanding...
Guillermo, please. You're the only person that doesn't deserve to be yelled
at tonight. You've worked awfully hard, but need to call your attention.
Commissioner Dawkins: OK, I move 22.
Commissioner Alonso: Wait a second, we have a motion for 30. No?'
-
Mayor Suarez: We have to continue all other items that are not going to be
handled tonight.
Commissioner Alonso: Thirty?
Mayor Suarez: Including item 28. Understanding that if item 30 has anything
contradictory to that...
Commissioner Alonso: We have to... yes. OK.
Mayor Suarez: ...we will try to resolve that in second reading. All right?
Unidentified Speaker: No problem.
#°
Commissioner Alonso: Second Commissioner...
Mayor Suarez: Thank you. We moved and seconded all other items to be
continued for March 28th. Moved and seconded. Any discussion? If not,
= f,
please call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
7y;
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its adoption:
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4
MOTION NO. 91-181
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A MOTION TO CONTINUE ALL AGENDA ITEMS
NOT TAKEN
UP
TODAY TO THE MEETING PRESENTLY SCHEDULED
FOR MARCH
28,
1991.
w
Upon being seconded by Commissioner Alonso, the motion
was passed az,d
adopted by the following voter
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AYES: Commissioner Victor be Yurre
Co=iaaioha r Miller J. bawkiaa
Commissioner Miriam Alonao
Mayor Xavier L. Suarez
NOES. None. x
ABSENT: Vice Mayor J. L. Plummer, Jr.
THERE BRING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THS MEETING WAS ADJOURNED AT 9:43 P.M.
ATTEST:
Batty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK