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HomeMy WebLinkAboutCC 1991-10-24 Minutes* INCORP OR:1T61) 18 96 -Com NiISS ION AA IN U TES O TOBER 24, 1991 OF MEETING HEIR ON C REGULAR & PLANNING AND ZONING PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL MATTY HIRAI City Clerk INDEX MINUTES OF REGULAR MEETING OCTOBER 24, 1991 ' ITEM SUBJECT NO. 1. REFER TO CITY MANAGER PROTEST FROM REPRESENTATIVE OF FESTIVAL DEL NINO CONCERNING OBSTRUCTION OF POTENTIAL PARTICIPANTS IN THE NATIONAL CHILDRE�'S DAY CELEBRATION, CAUSED BY THE CARIBBEAN CARNIVAL EVENT WHICH TGOK PLACE ON THE SAME DATE. 2. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS. (A) PRESENTATION: KENNETH JOSEPH - FOR 45 YEARS SERVICE IN SOLID WASTE DEPARTMENT. (B) PROCLAMATION: CHRISTOPHER COLUMIUS DAY - SPONSORED BY DADE COUNTY KNIG iTS OF COLUMBUS. 3. GRANT REQUEST BY METROPOLITAN DIDE COUNTY FOR WAIVER OF CITY OF MIF.MI RESOLUTIONS (86-1018 AND 87-388) WHICH HAD SET CITY POLICY CONCERNING PROHIBITION AGAINST THE BUILDING OF JAILS WITHIN CITY LIMITS, AS SUCH PROHIBITION APPLIES TO THE HEALTH DEPARTMENT FACILITY IN THE CIVIC CENTER AREA, WITH PROVISOS. 4. APPROVE CITY OF MIAMI'S COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS) FOR PERIOD OF OCTOBER 1, 1991 - SEPTEMBER 30, 1992 - AUTHORIZE MANAGER TO SUBMIT CHAS TO U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (U�S. HUD). LEGISLATION M 91-760 10/24/91 DISCUSSION 10/24/91 R 91-761 10/24/91 R 91-762 10/24/91 PAGE NO. E61 12-34 34-36 k 5. STRONGLY URGE DADE COUNTY COMMISSION TO M 91-763 SCHEDULE, AT ITS NEXT MEETING, 10/24/91 CONSIDERATION OF PROPOSED AMENDMENT TO THE DEED BETWEEN THE CITY AND THE COUNTY CONCERNING CITY'S REQUEST FOR CONVEYANCE BY THE COUNTY OF A PARCEL OF LAND IN THE GOVERNMENT CENTER AREA (ADJACENT TO THE CITY OF MIAMI ADMINISTRATIVE BUILDING - PHASE I, 275 N.W. 2 STREET.) 6. EMERGENCY ORDINANCE: CREATE NEW SPECIAL ORDINANCE REVENUE FUND: RECREATION PROGRAMS FOR 10929 THE MENTALLY RETARDED - FY192 - 10/24/91 APPROPRIATE $241,213, CONSISTING OF A GRANT ($191,213) FROM STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (HRS) AND $50t000 IN CARRY- OVER FUND BALANCE FROM FY'91 REVENUE FUND. 7. SECOND READING ORDINANCE: AMEND 10794 - ORDINANCE IMPLEMENT BUDGETARY ADJUSTMENTS TO 10930 COMPLY WITH GENERALLY ACCEPTED 10/24/91 ACCOUNTING PRINCIPLES, AS OUTLINED BY CITY'S EXTERNAL AUDITORS. 8. (A) AMEND BYLAWS OF THE COMMISSION ON R 91-764 THE STATUS OF WOMEN (CSW) - ELIMINATE 10/24/91 AUGUST MEETING AND LOWER QUORUM REQUIREMENTS. (B) VICE MAYOR PLUMMER REQUESTS THAT INTERNATIONAL TRADE BOARD QUOPUM REQUIREMENT ALSO BE LOWERED. 9. GRANT REQUEST BY WORLD WOMEN'S CONGRESS R 91-765 FOR A HEALTHY PLANET FOR WAIVER OF 10/24/91 RENTAL FEES FOR JAMES L. KNIGHT CENTER CONCERNING THEIR UPCOMING CONGRESS. 10. (A) AUTHORIZE MANAGER TO EXECUTE A R 91-766 REVOCABLE PERMIT TO BETTER WAY, INC. 10/24/91 FOR USE OF BECKHAM HALL - FOR OPERATION OF A SHELTER FOR THE HOMELESS, 414D OTHER ANCILLARY SERVICES. (B) BRIEF COMMENTS BY VICE MAYOR PLUMMER CONCERNING POSSIBLE ACQUISITION IN ANOTHER AVAILABLE BUILDING TO SHELTER THE HOMELESS. 36-40 40-42 42-58 59-60 60-62 63-77 11. CONFIRM APPOINTMENT / REAPPOINTMENT OF R 91-767 INDIVIDUALS TO THE BOARD OF DIRECTORS 10/24/91 OF THE DOWNTOWN DEVELOPMENT AUTHORITY (Reappointed were: S. Lawrence Kahn, II19 H. Leland Taylor and PhilliN A. Yaffa; appointed were: Gerf-ge Knox, Marwin Cassel, Anthony G. Marina end Randi R. Trasenfeld). 77-80 12. APPROVE AND ADOPT REMAINING ELEVEN- R 91-768 80-101 TWELFTHS OF DEPARTMENT OF OFF-STREET 10/24/91 PARKING BUDGET (NOVEMBER 1, 1991 - SEPTEMBER 30, 1992). 13. INSTRUCT MANAGER TO INSPECT FACILITIES M 91-769 102-115 AT GRAND AVENUE PARK AND MAKE NECESSARY 10/24/91 RENOVATIONS AND IMPROVEMENTS TO BRING THE FACILITIES UP TO THE STANDARD OF HADLEY, JOSE MARTI, AND SHENANDOAH PARKS (See label 15). 14. BRIEFLY DISCUSS PROPOSED RESOLUTION TO M 91-770 115-117 AMEND ZONING COVENANT FOR PROPERTY 10/24/91 OWNED BY FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR SUNRISE SAVINGS AND LOAN ASSOCIATION, AT S.E. CORNER OF S.W. 27 TO 25 AVENUES AND S.W. 22 STREET TO 22 TERRACE. (Note: This item was withdrawn by applicant.) i 15. (A) (Continued discussion related to DISCUSSION 117-119 label 13) MR. ALSTON SCOTT REQUESTS 10/24/91 INFORMATION CONCERNING THE CITY'S POLICY ON ITS AWARDING OF BIDS. (B) DISCUSSION CONCERNING PROPOSED LOCAL OFFICE AND SEMINARS TO DISSEMINATE BID INFORMATION TO MINORITIES. 16. (A) GRANT REQUEST BY LATIN QUARTER R 91-771 119-126 ASSOCIATION FOR CLOSURE OF DESIGNATED R 91-772 STREETS CONCERNING "ARROZ CON POLLO 10/24/91 191" FESTIVAL - PERMIT SALE OF BEER AND WINE. (B) BRIEF COMMENTS CONCERNING THE SIXTH FESTIVAL OF ART IN CALLE OCHO. ,aS 17. DISCUSSION CONCERNING FUNDING REQUESTED DISCUSSION 127-141 BY MR. HERIBERTO FONSECA, REPRESENTING 10/24/91 THE ALLARATTAH-WYNWOOD COMMUNITY DEVELOPMENT CENTER, INC., IN SUPPORT OF THE CONSTRUCTION OF A CHILD DAY CARE CENTER. 18. EXECUTE AGREEMENT WITH HISPANIC R 91-773 141-147 AMERICAN BUILDERS ASSOCIATION (HABA) 10/24/91 ACCEPTING HABA'S DONATION OF LABOR AND MATERIALS FOR COMPLETION OF BAYFRONT PARK CHALLENGER VII SHUTTLE MEMORIAL PROJECT - REQUIRE AGREEMENT TO COMFLY WITH TERMS OF LAMAR LOUISE CURRY GIFT AGREEMENT - DESIGNATE BAYFRONT PARK MANAGEMENT TRUST AND NEW WORLD CENTER FOUNDATION TO JOINTLY RECEIVE AND MANAGE SAID DONATION. 19. BRIEF DISCUSSION CONCERNING DISCUSSION 148-152 ESTABLISHMENT OF MATERNITY LEAVE 10/24/91 (FAMILY LEAVE) FOR CITY EMPLOYEES (See label 21). 20. DISCUSSION CONCERNING ALLEt,ED DISCUSSION 152-156 INADEQUATE HMO MEDICAL COVERAGE FOR 10/24/91 SANITATION EMPLOYEES' ASSOCIATION (SEA) MEMBERS - REQUEST REPORT FROM CITY MANAGER AT NEXT COMMISSION MEETING. i 21. (Continued Discussion) SCHEDULE DISCUSSION 156 FURTHER DISCUSSION ON ESTABLISHMENT OF 10/24/91 MATERNITY LEAVE (FAMILY LEAVE) FOR MEETING OF NOVEMBER 14 (See label 19). 22. BRIEFLY DISCUSS AND TABLE PROPOSED DISCUSSION 157-158 FIRST READING ORDINANCES CONCERNING 10/24/91 AMENDMENT OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (MCNP), FUTURE LAND USE MAP, AND 11000 ATLAS, AT 2947-2949 S.W. 22 TERRACE (Owner/Applicant: Luis & Raul Galindo - See label 258). 23. FIRST READING ORDINANCE: AMEND 101j44 ORDINANCE 159-163 (MCNP) FUTURE LAND USE MAP - CHANGE first reading LAND USE DESIGNATION AT 4370-4650 N.W. 10/24/91 7 STREET (SOUTH SIDE ONLY) FROM MEDIUM DENSITY MULTI -FAMILY RESIDENTIAL TO OFFICE (Applicant: Planning, Building & Zoning Dept.). 24. FIRST READING ORDINANCE: AMEND 11000 ATLAS - CHANGE DESIGNATION AT 4370-4650 N.W. 7 STREET (SOUTH SIDE ONLY) FROM R- 3 MEDIUM DENSITY MULTI -FAMILY RESIDENTIAL TO 0 OFFICE (Applicant: Planning, Building & Zoning Dept.). 25. (A) RESCHEDULE DECEMBER REGULAR AND PLANNING AND ZONING CITY COMMISSION MEETINGS TO BOTH TAKE PLACE ON DECEMBER 5, 1991 (See label 35). (B) (Continued Discussion) DISCUSS AND CONTINUE PROPOSED FIRST READING ORDINANCES CONCERNING AMENDMENT OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (MCNP), FUTURE LAND USE MAP, AND 11000 ATLAS, AT 2947-2949 S.W. 22 TERRACE (Continued to December 5th) (Owner/Applicant: Luis & Raul Galindo - See label 22). 26. APPROVE AMENDMENT TO RESTRICTIVE COVENANT RUNNING WITH THE LAND FOR PROPERTY OWNED BY FLORIDA DEVELOPMENT ASSOCIATES CORPORATION AT 1918 BRICKELL AVENUE, ELIMINATING CERTAIN REQUIREMENTS (Owner/Applicant: Nasser Edri si) . 27. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED SECOND READING ORDINANCES: (a) AMENDING CJDE CHAPTER 2 (ADMINISTRATION) REGARDING AN ANNUAL ACCESSORY USE CERTIFICATE i'OR HOUSEBARGES ON THE MIAMI RIVER AND ESTABLISHING A FEE; AND (b) AMENDING 11000 ZONING TEXT (ARTICLE 4 - ZONING DISTRICTS, PR PARKS, RECREATION / OPEN SPACE DISTRICT, ETC.) TO RECOGNIZE EXISTING MARINAS AND ANCILLARY FACILITIES TO REQUIRE SPECIAL EXCEPTION FOR NEW MARINAS, ETC., TO PROVIDE: (1) AN EXCEPTION TO HOUSEBARGE PROHIBITION, (2) GRANDFATHERING OF CERTAIN HOUSEBARGES, AND (3) DEFINITION FOR NAVIGABLE WATERWAY, HOUSEBARGES AND HOUSEBOATS; TO ALLOW TEMPORARY OCCUPANCY OF PRIVATE PLEASURE CRAFT AS LIVING QUARTERS (See label 31). ORDINANCE first reading 10/24/91 R 91-774 10/24/91 R 91-775 10/24/91 DISCUSSION 10/24/91 163-164 164-178 178-180 180-213 10 28. GRANT APPEAL - REVERSE ZONING BOARD DENIAL OF VARIANCE FROM 11000 TO REDUCE REQUIRED SIDE SETBACKS FOR PROPOSED PUBLIC HEALTH CLINIC (LITTLE HAVANA HEALTH CARE CENTER) AT 981 N.W. 2 STREET (Appellant: Metropolitan Dade County). 29. GRANT APPEAL - REVERSE ZONING BOARD DENIAL OF VARIANCE FROM 11000 TO ALLOW REDUCTION OF REQUIRED SIDE SETBACKS FOR PROPOSED PUBLIC HEALTH CLINIC (LIT"LE HAVANA HEALTH CARE CENTER) AT 981 N.W. 2 STREET (Appellant: Planning, Building & Zoning Dept.) 30. (A) REVERSE ZONING BOARD DECISION AND GRANT SPECIAL EXCEPTION FROM 11000 TO ALLOW CONSTRUCTION AND OPERATION OF A PUBLIC HEALTH CLINIC (LITTLE HAVANA HEALTH CARE CENTER) AT 981 N.W. 2 STREET (Appellant: Metropolitan Dade County). (B) SCHEDULE DISCUSSION OF THE BLACK HEALTH CARE CLINIC FOR NOVEMBER 14TH MEETING. 31. (Continued Discussion) SECOND READING ORDINANCE (CONCERNING PLANNING, BUILDING AND ZONING FEES): AMEND CODE CHAPTER 2 (ADMINISTRATION), SECTION 2- 75 - REQUIRE ANNUAL ACCESSORY USE CERTIFICATE FOR HOUSEBARGES ON MIAMI RIVER - ESTABLISH ANNUAL FEE FOR CERTIFICATES (See label 27). 32. (Continued Discussion) SECOND READING ORDINANCE: AMEND 11000 ZONING TEXT, ARTICLE 4 (ZONING DISTRICTS, PR PARES, RECREATION / OPEN SPACE DISTRICT, ETC.) - RECOGNIZE EXISTING MARINAS AND ANCILLARY FACILITIES - REQUIRE SPECIAL EXCEPTION FOR NEW MARINAS - PROVIDE EXCEPTION TO HOUSEBARGE PROHIBITION - ALLOW TEMPORARY OCCUPANCY OF PRIVATE PLEASURE CRAFT AS LIVING QUARTERS - PROVIDE GRANDFATHERING OF CERTAIN HOUSEBARGES - PROVIDE DEFINITION FOR NAVIGABLE WATERWAY, HOUSEBARGES AND HOUSEBOATS (See label 27). R 91-777 238-239 10/24/91 R 91-778 240-242 10/24/91 ORDINANCE 242-243 10931 10/24/91 ORDINANCE 244-251 10932 10/24/91 33. CHINATOWN PROJECT (1801-1859 BISCAYNE R 91-779 251-271 BOULEVARD): AMEND RESOLUTION 91-92 10/24/91 (WHICH HAD GRANTED A VARIANCE FROM 9500) - ELIMINATE APPLICANT'S POSTING OF PERFORMANCE BOND OR LETTER OF CREDIT TO GUARANTEE COMMENCEMENT OF PROJECT - CITY TO ACCEPT POSITION OF MORTGAGEE IN TWO OF APPLICANT'S PROPERTIES - EXTEND DATE OF COMMENCEMENT OF PHASE II - WAIVE REQUIREMENT THAT MORTGAGEES JOIN IN COVENANT REQUIRED OF APPLICANT - REQUEST CITY ATTORNEY AND CITY MANAGER TO ASCERTAIN CITY'S ALTERNATE EQUITY POSITION. 34. STRONGLY URGE GOVERNOR LAWTON CHILES R 91-780 271-272 NOT TO CUT FUNDS FOR EDUCATION. 10/24/91 35. (Continued Discussion) SET TIME '.OR DISCUSSION 272-273 DECEMBER 5TH COMMISSION MEETINGS - 10/24/91 REGULAR SESSION TO START AT 9:00 A.M. AND PLANNING & ZONING TO START AT 2 : 00 P.M. MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 24th day of October, 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. The meeting was called to order at 2:08 p.m. by Mayor Xavier Suarez with the following members of the Commission found to be present: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez ABSENT: Commissioner Miller J. Dawkins ALSO PRESENT: Cesar Odio, City Manager A. Quinn Jones, III, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk An invocation was delivered by Mayor Suarez. Vice Mayor Plummer then led those present in a pledge of allegiance to the flag. 1. REFER TO CITY MANAGER PROTEST FROM REPRESENTATIVE OF FESTIVAL DEL NINO CONCERNING OBSTRUCTION OF POTENTIAL PARTICIPANTS IN THE NATIONAL CHILDREN'S DAY CELEBRATION, CAUSED BY THE CARIBBEAN CARNIVAL EVENT WHICH TOOK PLACE ON THE SAME DATE. ------------------------------------------------------------------------------ Mayor Suarez: All right, folks, we're going to try to go through the non - planning and zoning agenda as quickly as we can. And I know that the Off _ Street Parking is requesting to be heard as quickly as possible. You're item 10 and, hopefully, we'll be there in no time. Commissioner Alonso: Yes, and, Mr. Mayor, if I may... 1 October 24, 1991 Mayor Suarez: Commissioner Alonso. Commissioner Alonso: ...i have a pocket item... Mayor Suarez: Yes, ma'am. Commissioner Alonso: ..,I'd like to recognize Mr. Chin Martinez so he can address some concerns that he has, and I'm sure we also like to recognize a distinguished visitor. Mayor Suarez: Commissioner Larry Hawkins, sir. We assume that you're here, as you stated to me this morning, on a.... Vice Mayor Plummer: No, you should have made a right turn instead of a left turn. Mayor Suarez: A noncompensatory item of public interest, and we'll get to it right quickly. Chin, do you want to make your presentation through yourself or whoever is with you? Mr. Manuel Amor: Yes, my name is Manuel Amor. I'm a resident of 9939 N.W. 47th Terrace, Miami. I'm here on behalf of the Childrens Day Festival, along with Mr. Chin Martinez who is the chairman of this great event for all the children of Dade County. We just want to come and explain to the Commissioners and the Mayor in a very amicable basis, that we wish... Commissioner Alonso: We like that. Mr. Amor: ...to report... Mayor Suarez: That helps. Mr. Amor: We wish to report the expenses incurred in view of the event that was held last October 13, the Children's Day, which, by the way, this festival is nationwide idea of the U.S. Congressman Joseph P. Kennedy and Senator Mark Hatfield. They established the National Childrens Day to be officially dedicated the 13th of October. And we decided, Mr.... Mayor Suarez: Why don't you get down to brass tacks? We know all of that. We had that presentation here before. Mr. Amor: Oh, you know that, you know that. Mayor Suarez: Yes, we approved the use of the park. Mr. Amor: It's such a good idea, beautiful idea, I just wanted to repeat it again. Mayor Suarez: I gather there's some economic consequence of all of this that... Vice Mayor Plummer: If Kennedy's involved, I'm not. 2 October 24, 1991 Mr. Amor: Yes, yes, that's the bottom line. The event, like you know, was published to all the Dade County public schools for all the children of Dade County regardless of race, sex, religion, etcetera, that they should come and perform if they have any attitude to perform. It was free for all the children. And it happened that we had the reservation made since August 21st, paid and everything by Mr. Martinez. And on the same day of October 13, about 10:00 o'clock when we opened the park, there was a big carnival coming through Biscayne. Now, we just heard the noise and say, well, what is this? Mayor Suarez: It's Caribbean Festival? Vice Mayor Plummer: Yes. Mr. Amor: Carnival Festival, yes. NOTE FOR THE RECORD: COMMISSIONER DAWKINS ENTERED THE COMMISSION MEETING AT 2:12 P.M. Mayor Suarez: Caribbean Festival. You knew about that though, didn't you? Mr. Amor: No, we didn't know, Mayor. We know... Mayor Suarez: How can they not know about it? Mr. Amor: We didn't know. Nobody informed us. This is what I think it is, is a lack of communication between some departments and the others. So, it was a beautiful carnival, by the way. And then the police closed the streets, Biscayne Boulevard. And we have one of our good Commissioners here, Victor De Yurre, could not cross Biscayne Boulevard to go to Bayfront Park. We only had Mr. Plummer who fought his way through. I don't know how, he must be a brave man. And he got there very early. Commissioner Alonso: He has connections with the Police Department. Commissioner Dawkins: Yes. Mr. Amor: Well, that... Vice Mayor Plummer: Wait a minute. Wait a minute. Commissioner Dawkins: He has a siren... Mr. Amor: ...that might be. That might be. Commissioner Dawkins: He has a siren and a blue light and all. He's just an auxiliary policeman, that ain't no problem. Commissioner Alonso: The rest of us normal people, we cannot get through. 3 October 24, 1991 Commissioner Dawkins: That's Plummer's assistant chief. Mr. Amor: That might be. They stopped the traffic just for him. Commissioner Dawkins: That's it, that's why he could get through. He can get through. Mr. Amor: We11, he came, he came and he gave a very good speech about the Children's Day. Commissioner Dawkins: OK, now, go to his office and get the money you're looking for, since he's such a good fellow. Go right to his office and get the money. Mr. Amor: Well, we would like to present the whole idea to the Commission. Then... Mayor Suarez: The idea was already presented. We approved our involvement. Now you're trying to tell us that something didn't go right... Mr. Amor: Right. Mayor Suarez: What was it that didn't go right? Mr. Amor: Correct. Mayor Suarez: What do you want us to do about it? Mr. Amor: That the Miami Police Department, I guess, by your orders, because the festival is signed by you, the carnival was signed by you, like I have a copy of the contract. Then, they closed the streets, and then the people could not cross over to come to Bayfront Park. So that was a big damage for the paying people who are coming to pay $5.00, the adults, to come to the - Bayfront Park. They stay out. Mr. De Yurre is one good example of that. And we planned about 10,000 paying visitors. We only had 1,665. Then, the show didn't come the way we planned for all the children of Dade County to have a _ great time, because somebody planned a carnival on the same day, on the same street closing the street. Commissioner Alonso: So actually what you're trying to tell us is to simplify the case, is due to the circumstances that the streets were closed, the activities as were planned by you, and agreed with Bayfront Park, did not take place as people could not reach the location of your event. Mr. Amor: You're very right, Commissioner. Commissioner Alonso: And you're coming to us to see if we can help you in some sort of relief and work out with the Bayfront Park. Is that the idea? Mr. Amor: The correct idea. Commissioner Alonso: OK. E 4 October 24, 1991 1 Mr. Amor: Just the expenses incurred, in no way we going to put here a profit for the children for the future. This, we just lost 1991. We were planning a scholarship. We were planning trips to Disneyworld for disadvantaged Children. This is dead, 1991. Mayor Suarez: All right, what's the Commission's pleasure? Pain, whichever. Commissioner Alonso: What are you asking for? Mr. Amor: The list, I don't if Mr. Martinez already supplied you with the list of expenses incurred. If you want, I can go down the line with all the expenses paid. Commissioner Alonso: No, go to the bottom line. Mr. Amor: The bottom line says $17,386 and fifty-five... Commissioner Alonso: Wow much? Mr. Amor: Seventeen thousand, three hundred and eighty-six, with fifty-five cents. Just the expenses of Bayfront Park. Vice Mayor Plummer: Larry, it ain't no different downtown than it is here. Commissioner Alonso: This is painful. Ira Katz is here. I see one point that it bothers me. In fact, when someone goes through the expense of having an event of the quality of what they prepare, they should be informed and also we should be informed, that we should not close the streets for a different event at the same time, and affect both of them. Mayor Suarez: Why would we be allowed, without any administration input, to schedule one event and another one where the two conflict? I mean, I think, by the way... Commissioner Alonso: That's frightening. Mayor Suarez: ...you assume the risk primarily, not us. But we should also know about it. Mr. Odio: The City... wait, let's put the City... Vice Mayor Plummer: Well, no, let me not defend the Bayfront Park. The problem comes about because of the fact that the day of the "ninos" was approved by the trust. Mayor Suarez: Right. Vice Mayor Plummer: The Caribbean Festival was approved by this Commission. So you had two different entities involved. Mayor Suarez: But the day of the festival was also approved by this Commission. Commissioner De Yurre: Yes, but they also came before us... 5 October 24, 1991 Commissioner Alonso: They also came. Mayor Suarez: Right. Commissioner De Yurre: The kids came before us too. Commissioner Alonso: Yes, they did. Vice Mayor Plummer: I'm sorry? Commissioner De Yurre: The kids came before us too. Vice Mayor Plummer: No, they did for a different reasons, but under normal circumstances, they didn't come here to ask our approval for the park. They came here for waivers is what they came here for. Commissioner De Yurre: But also for the approval as one of the days that they pay for the park, that we give it to them as a donated day. Mayor Suarez: Community days, yes. Vice Mayor Plummer: No, no, no, they didn't pay for the park. Commissioner De Yurre: Well, there was a donated day. Vice Mayor Plummer: That was a donated day as well as other... and some in - kind. Commissioner De Yurre: You know. Mayor Suarez: Why don't we know about these potential conflicts? Mr. Ira Katz: Commissioner, we spoke with the Police Department beforehand, and Mr. Mayor, and they assured us that they were going to open up the streets. Vice Mayor Plummer: The only problem was the streets. It was not the two events. Mr. Katz: And I just got a report from Lt. Gene Toleaz who overseed the event on the street. And he gave me specific times that he did open up the street for people to come to Bayfront Park. This is an official report from the Miami... Mayor Suarez: Roughly, without getting into the specifics and spending another five hours here discussing it, what times were they, in fact, impeded from crossing the street there? Vice Mayor Plummer: About ninety minutes. Mr. Katz: Ninety minutes of the event. Commissioner De Yurre: During what time? 6 October 24, 1991 Vice Mayor Plummer: That's during the parade. Remember, there 1s no problem existing of one event in Bayside... Mayor Suarez: And another one in Bayfront Park. Vice Mayor Plummer: ...or Bayfront, and another Bicentennial. Mayor Suarez: Bicentennial rather. Vice Mayor Plummer: The problem came was that the Caribbean Festival started their parade down in the Dupont Plaza parking lots, and went all the way up to Bicentennial Park. That's the problem. There's no problem with... Mayor Suarez: And that was an hour and -a -half out of how many hours of their festival? Mr. Katz: Ten hours was the show. Commissioner Alonso: I beg your pardon? Mr. Katz: Ten hours was the show. The show was from 10:00 to 8:00. Vice Mayor Plummer: Right. Mayor Suarez: If you wanted to argue to this Commission that one and -a -half out of ten parts of your losses somehow be absorbed by us, that would be something to deal with, but... Mr. Katz: The police record shows the parade... Mr. Chin Martinez: No, no, no. Eight o'clock and 6:00 o'clock. Mr. Amor: Let me just... if this is a police report, we're in bad hands, if this is a police report. Mayor Suarez: I don't know what it is. You're showing me something... Mr. Amor: Then you show a very poor report. That an hour and -a -half that he's saying, Mayor, is not true, it's not true, it's not true. I don't want, you know, to argue his words, it's the first time I see his face. Vice Mayor Plummer: No, no, that's not his report. Mr. Amor: This is not... we are not discussing... Vice Mayor Plummer: Sir, that's not his... Mr. Amor: An hour -and -a -half, this is not the issue. Mayor Suarez: It's not his word. It's what the Police Department, what Gene Teleaz, who is a captain in the Police Department, in charge of motorcycle units told him. 7 October 24, 1991 Ll s Vice Mayor Plummer: That's a Police Department report. Right. Commissioner De Yurre: Excuse me, let me ask something here. What was the time period for which the permit was given for the street closure? Vice Mayor Plummer: I can't answer that. I don't know. Commissioner De Yurre: Well$ somebody has got to have that answer. Mr. Amor: The permit for the Mayor signed, is from 10:00 a.m. to 4:00 p.m. No way that the police is doing to stay an hour and -a -half when this permit legally is from 10:00 to 4:00. Vice Mayor Plummer: Was that for the parade or the use of the park? Mr. Amor: This is a legal paper, not this one. Vice Mayor Plummer: Was that for the... Mayor Suarez: That must be for the use of Bicentennial Park. That can't be for the parade. Vice Mayor Plummer: No. Mayor Suarez: Do we have an answer on the parade? Chief Gibbs or Mr. Manager? Mr. Amor: Even the City Manager received a complaint from InterContinental Hotel. Mayor Suarez: Sir, we're trying to get an answer. If you would just move away from the mike for a second. Arnold, do you know or Mr. Manager, how long did the parade take or how long did they have to actually block the streets or... Commissioner Alonso: They better know, someone must know how long the streets of Miami are closed. Mayor Suarez: You've got to know that, somebody. Unidentified Speaker: I was told by the Police Department themselves, Aguirre and and Officer Teleaz that it was at the most two and -a - half to three hours, the very most, that they had Commissioner De Yurre: OK, now you're saying two and -a -half to three, and this report by Katz... Mayor Suarez One and -a -half. Commissioner De Yurre: ... is one and -a -half, and then somebody says ten hours and six and four. You know, let's divide it equally and... bottom line is, nobody knows anything. Mayor Suarez: Chief, do you have any idea what the... 8 October 24, 1991 1� Y Mr. Odio: Yes, the police closed it... the police closed the street, according to this police report, at 10:30 a.m. and the parade started at 1200. Mayor Suarez: When did it end? How long was the street closed? Mr. Odio: The parade ended at 5:30 p.m. Vice Mayor Plummer: What? Commissioner Alonso: Actually they... Vice Mayor Plummer: Nol No wayl Mr. Odio: Wait, wait, wait, hold it. Mayor Suarez: No, no, no, no. Mr. Odio: Hold it a minute. Maybe I should put this on the record. The access to the Port of Miami, Bayside and Bayfront Park was not impeded because the police stopped the parade every three to four minutes to allow traffic in and out of both sides. Mayor Suarez: Like I said, for myself, and given the fact... Mr. Odio: Biscayne Boulevard going... Mayor Suarez: ...that we can't have a major investigation into this thing, because we don't have the time, folks. If the Commissioners want to make a determination based on your estimate of what amount of time they were actually Impeded, as far as I'm concerned, they assume the risk when they took over this facility for that day. But if you want to make a motion based on a certain number of hours of impediment, that's fine, but we ought to move on with this. Commissioner De Yurre: Oh, I got to say, Mr. Mayor, that I was caught... it isn't a matter of the time that it's closed, the street is closed. It's the whole impact in the downtown area, I mean, on... Mayor Suarez: It does create a disincentive to have two simultaneous events of that magnitude possibly. Commissioner Alonso: That's right, that's right. Commissioner De Yurre: It has to be a disincentive because there's no way you can get to Bayfront Park when you have a parade closing off the streets that goes way back to the other side of the Brickell Avenue bridge, that it was stuck for blocks and blocks. And what happens is, people just turn around, go back home, or go to the movies. So, I was certainly a part of that experience and I know exactly what they're alluding to. And if we got to move on this, I would say that, you know, somehow with the Manager come back with some funds to cover some of these expenses. What percentage, I don't know, or maybe the Bayfront Park Trust is going to have to dish out a few bucks too. 9 October 24, 1991 Commissioner Alonso: I think perhaps yes, that's a good suggestion. I believe that it should go back to the administration, and come up with a suggestion on some sort of relief. Definitely, I think it's wrong... Vice Mayor Plummer: Definite answers. Commissioner Alonso: ...to have two events at the same time. You close the streets. How can the people reach? Mayor Suarez: Yes, let's clarify that we don't mean, as Vice Mayor Plummer clarified, we don't mean that you can't have one in Bayfront Park and one in Bicentennial. Commissioner Alonso: No, not at all. Mayor Suarez: But one that closes the streets all the way up from Dupont Plaza to Bicentennial for appreciable number of hours does impede another one to a certain extent. Why would you want to argue with that, Mr. Katz? What's wrong with the statement that I just made? Mr. Katz: One of the things during this problem was brought to my attention, right after the event I contacted Raul Terc111a, who is on the trust and the general manager of Bayside. And he told me that sales were not impeded in any way. He checked with the merchants at Bayside the day of the event. Vice Mayor Plummer: Send it to the Manager. Mayor Suarez: Yes, I happen to agree with that, but I mean, if the Manager ought to review it and make a recommendation, that's what the Commission is inclined to do. Commissioner Alonso: Yes. Mayor Suarez: So I'll take that as a motion, and a second by Commissioner Alonso. Commissioner Alonso: Yes. Mayor Suarez: Please call the roll. 10 October 24, 1991 d.. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 91-760 A MOTION TO REFERRING TO THE CITY MANAGER REQUEST BY A REPRESENTATIVE OF THE NATIONAL CHILDREN'S DAY CELEBRATION (FESTIVAL DEL NINO) FOR EQUITABLE RELIEF IN THE AMOUNT OF $17,386.55, WHICH EVENT WAS HELD ON THE SAME DATE AS THE CARIBBEAN PARADE, DUE TO AN ALLEGATION FROM REPRESENTATIVES OF THE FESTIVAL, THAT THE STREET CLOSURE GRANTED BY THE CITY TO THE LATTER EVENT PREVENTED POTENTIAL PARTICIPANTS IN THE FESTIVAL DEL NINO FROM CROSSING THE STREET INTO BAYFRONT PARK FOR SAID CHILDREN'S FESTIVAL; FURTHER DIRECTING THE MANAGER TO REVIEW THIS REQUEST AND COME BACK WITH A RECOMMENDATION. Upon being seconded by Commissioner Alonso, 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. 2. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS. (A) PRESENTATION: KENNETH JOSEPH - FOR 45 YEARS SERVICE IN SOLID WASTE DEPARTMENT. (B) PROCLAMATION: CHRISTOPHER COLUMBUS DAY - SPONSORED BY DADE COUNTY KNIGHTS OF COLUMBUS. 1. Proclamation to Mr. Kenneth Joseph, City of Miami employee for 45 years with the Department of Solid Waste. 2. Proclamation to the Knights of Columbus for their rededication ceremonies of the Christopher Columbus Monument located at Bayside, on October 12, 1991. 11 October 24, 1991 -t------------------------ ----------------- ---------- --------------------- 3. GRANT GRANT REQUEST BY METROPOLITAN DADE COUNTY FOR WAIVER OF CITY OF MIAMI RESOLUTIONS (86-1018 AND 87-388) WHICH HAD SET CITY POLICY CONCERNING PROHIBITION AGAINST THE BUILDING OF JAILS WITHIN CITY LIMITS, AS SUCH PROHIBITION APPLIES TO THE HEALTH DEPARTMENT FACILITY IN THE CIVIC CENTER AREAo WITH PROVISOS. ------------------------------------------------------------------------------ Mayor Suarez: Item 6 is at the request of County Commissioner Larry Hawkins, the peripatetic County Commissioner. Mr. Manager, what is the matter that we need to act on? Mr. Odio: He's here on item 6. The County has... Mayor Suarez: I think that's possibly why you're here also, Mr. Director. Mr. Odio: Yes, he is. Mayor Suarez: Lonnie Lawrence. Mr. Odio: They have... Commissioner Dawkins: Mr. Mayor, Mr. Mayor, before you all get started... Mayor Suarez: Yes. Commissioner Dawkins: I've said it from day one, I'm going to say it now because I was told already that the administration of the jail said it didn't matter that my one vote was against it, that they had three votes. So I may as well make my thing now. Vice Mayor Plummer: Do you know who the three votes are? -because I don't. Commissioner Dawkins: I don't. It doesn't matter. But we have enough jails in the City of Miami. There are two buildings that surround the present jail, that if the County was desirous of adding cells they could have taken either one of those buildings - especially the one north of the jail what used to be the County's police administration building - and converted those into cells. But every time you look up, the City of Miami has to be the dumping grounds for that which is not wanted. Not only do we get the jails, now they've decided that - which I completely agree with - that the homeless should be put in Coconut Grove. I don't have no problem with it. They were going to put them in my neighborhood there was nobody concerned. So why shouldn't we put them across here on Bayshore Drive if possible, if you want to? Vice Mayor Plummer: I can think of a lot of reasons. - Commissioner Dawkins: OK, well... but by the same token, I do not think we need another jail in the City of Miami. And that's just my personal belief. Mayor Suarez: Thank you, Commissioner. Gary Dellapa, right? -did I.... and it's Finance Director, Assistant County Manager • Commissioner. 12 October 24, 1991 Commissioner Larry Hawkins: Thank you, Mr. Mayor. I guess Mr. Dawkins is either leave... I guess he can hear me back there. Since the resolution was passed that we are asking you to waive today, I think Commissioner Dawkins, it was his resolution, and he had a good point. The County was building and did, at that point, tend to build jails in the City of Miami. And the reason they built them there was because the jail system needs to be somewhat close to the court system. And you passed a resolution saying that you didn't want us to do that any more. Understanding Commissioner Dawkins' concern, legitimate concern, we have built now four separate facilities that house better than half of the people in the jails. Many of them, as you know, who come from the City of Miami like they come from all over Dade County, we've built over three thousand beds outside of the City of Miami since... Mayor Suarez: How many would this make, Commissioner, in this facility and its adjunct building there? How many beds would this make now? Vice Mayor Plummer: How many additional beds? Mayor Suarez: Right, well total, compared to the 3,000 you just said... - Mr. Hawkins: We built 3,000 since this resolution was there. There was... Mayor Suarez: I understand. And all of those outside the City, right? Mr. Hawkins: Those were all outside the City, three separate facilities. Mayor Suarez: How many would this add then to this area? Mr. Gary Dellapa: To the City, we haven't quite done the planning to size it... Mayor Suarez: More or less, I mean... Mr. Dellapa: ...but between 1,500 and 2,000 beds. Mayor Suarez: And of these... is this like a detention facility, or this in any way a permanent... Mr. Dellapa: Pretrial detention is all of our... Mr. Hawkins: Yes, it's pretrial detention that allows us, because of where the court buildings are, to be more cost efficient for all of our dollars in Dade County, which includes many dollars here in the City of Miami. We're not putting jails in the City. We put... the largest jail is in Virginia Gardens. We put that out there subsequent to the resolution you passed. The second — largest facility is in north Dade, and the two that we're putting out now are in west Dade in unincorporated Dade County. So we really aren't putting permanent jails, we're putting pretrial detention facilities. They become cost effective for all of us that are located in Dade County which includes the City. Mr. Odio: Wait, wait, let me... 13 October 24, 1991 Wl Vice Mayor Plummer: You want my comments? Mayor Suarez: Please. Mr. Odio: ...Commissioner, let me say something before you... Vice Mayor Plummer: Go ahead, sir. Mayor Suarez: Mr. Manager. Mr. Odio: They are going to close down - you need to say this - the jail where it's now presently at in the Municipal Building that we own. That one will be closed down, and moved to this new site. Mr. Hawkins: Yes, there were... there's a three part thing that's happening here and I think it's good for the state, it's good for the City, it's good for the County, and it has to do with the Health Department moving to the Santa Clara station of Metromover which they want to do. You'd like to build a biotech center that will allow... there will be land that will be allowed to do that. We would like to put our pretrial detention facility and move it out of where it is and keep it essentially in the same area of the courts. Vice Mayor Plummer: Larry, let me ask the first question, just get on top for the record. The Manager has sent numerous letters to the County asking for the rent that he felt was rightfully and fair for your use of that facility of the old police station, and couldn't even get a reply. Am I right? Couldn't even get a reply from the County. Now, he has estimated that amount to be in the neighborhood of a million seven, and I don't know how many times he could tell you. We can't even get you to answer. Now, that's not your fault. And any of my comments... Mr. Hawkins: Sure, I was just going to ask the Manager if he sent me a copy of that letter. Vice Mayor Plummer: No, I think he sent it rightfully to the Manager... Mr. Odio: No, I sent it to Joaquin. Vice Mayor Plummer: Yes. Mr. Hawkins: OK. Well, what I would suggest, if that's a problem, I would entreat you and please ask you to carbon copy me all letters that you do send if you have any problem with anybody in the bureaucracy. Because I think whether we agree or disagree, you certainly are entitled to a speedy reply to your answer. Vice Mayor Plummer: Comment... Mr. Odio: What I was trying to do, Commissioner, is that we ask that... you have been using that building for free on the .jail site. And that includes electricity and everything else that goes with it. So I said, if you don't reply to what we want to negotiate on a fair rent for the building, we'll send you a $10 a square foot rent bill, and that's what we sent you. 14 October 24, 1991 k 4k Vice Mayor Plummer: Well, you know, I was speaking to what Larry was speaking to. The courtesy of a reply should never even be questioned. Now, Larry, the policy I think that you should be aware is that this Commission passed, it not just related to jails. Because I'm one that tells you that there's jails needed in this community. Not just jails, rehabilitation, but jails also. What this Commission said was, we've had it up to here. You don't see any jails in Coral Gables, you don't see any jails irk El Portal, you don't see any jails in Miami Springs. And not only jails. You don't see any homeless in Coral Gables, you don't see any homeless in Miami Springs. Commissioner Dawkins has been down there for almost a year trying to get... What was it you're trying to get out of Gersten's committee, the finance committee? Commissioner Dawkins: The money for the Overtown/Park West. Vice Mayor Plummer: OK. Commissioner Dawkins: Money for the arena. And the money for the Orange Bowl is being held up. Vice Mayor Plummer: Can't even get it out of committee. Commissioner Dawkins: Joe Gersten - and tell him Miller Dawkins said it - will not allow it out of committee. But, OK, what I go argue about, Joe Gersten don't turn loose nothing. Vice Mayor Plummer: OK, I... Commissioner Dawkins: And while you're at it... Vice Mayor Plummer: Don't let me get involved in personalities... Commissioner Dawkins: OK, me, well I don't, I do, I do. Vice Mayor Plummer: ...OK? I'm just saying, personalities, my "Blue Brother" has been down there, can't get out of committee. Another very important project, Omni tax increment. Can't get it out of committee. The people at Omni think it's our fault. What I'm saying to you is, Larry, you got to go back and you got to tell your Commission that, that street, Flagler Street, was not named after them, one way. Cooperation is a two-way street. Now, the minute - and I'll promise you this - that there's cooperation existing between the City and the County, let's sit down and talk serious about this. But I can't sit here and allow the County to come forward and continuously ask of the City. Before you were on that Commission, Larry, City of Miami gave you the airport and the seaport. Damn fine revenue producers. I'd like to have them back. Commissioner Alonso: Indeed. Vice Mayor Plummer: Gave you a $400,000,000 watt;r system that didn't cost you a penny. Gave you the library system. Gave all of these. Yet when we go to the County and say, help us, we go with our hat in our hand and our tin cup, and they won't even talk to us. That's wrong. Now, I don't want to see you suffer. You, the County. Lonnie Londerson will lock my butt up and I'll never be found, because I know Lonnie too well and I wouldn't ever do anything 15 October 24, 1991 0 against him. But I'm telling you, there's got to be somewhere - and I think you and I discussed before - that we need to go back to the old theory that we had around here where once every quarter two members of this Commission and two members of your Commission sat down and discussed common problems and how we can help each other. We either go down that road united, or we're both going to fail. Mayor Suarez: Let me add to that, if I may, before Commissioner Dawkins, that and this is the first time I say it publicly... Vice Mayor Plummer: No, they'll never get it. Mayor Suarez: ...Larry, that particular idea that Vice Mayor Plummer just voiced of having joint committees, was a suggestion I made to Mayor Clark at least a year ago. I'm still waiting to hear on whether he wants to do it. I think that we ought to do it as to land issues, divestiture, exchanges of land, land use, and I think that we ought to, right away, get those committees going. I would not suggest meeting nine of you plus five of us, difficult enough with just yes, with just a couple, but I think the selected committees on particular uses, and if you would relay that back to the Mayor, you know, we can get that going right away. Commissioner Dawkins. Commissioner Dawkins: Mr. Manager, the dumping station on 20th Street was formerly the land of who? Mr. Odio: The City. Commissioner Dawkins: And the City did what with the land? Mr. Odio: We gave it to the County. Commissioner Dawkins: How much does the County charge us for collecting our garbage at an incinerator that's within the City of Miami, and transferring it to a dumping fee outside. How much do they charge a ton? Mr. Odio: Oh, you mean in the 20th Street building or... Commissioner Dawkins: I don't care. Wherever they charge us to dump. Mr. Odio: We paid $9.00 a ton there, and if we take it out directly to the County, it's $43.00. Commissioner Dawkins: All right, and you've been told in the last six months, what about the dumping fee? Mr. Odio: It's going up. Every year... Vice Mayor Plummer: To forty-nine. Commissioner Dawkins: You see, and the dumping fee, although we, in the City, pay taxes to the County, the more you tell them that we cannot pay a dumping fee, what did they tell you to do? Forget it or what? Mr. Odio: Well, we can't... We cannot dump there if we don't pay. 16 October 24, 1991 ig .1h Commissioner Dawkins: But yet now, he comes here... they don't think in terms of, as J.L. says, how we can work collectively together. It's hooray for me. The hell with you. So until there's some cooperation, especially on the dumping fee... Vice Mayor Plummer: Let me tell you what... Commissioner Dawkins: I mean, the dumping fee rubs me the wrong way. Mr. Odio: But, Commissioner, I... Vice Mayor Plummer: Mr. Mayor, let me tell you where I'm at. And as soon as the Manager runs and gets elected, I'll give in to him and let him speak first. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Vice Mayor Plummer: Thank you, sir. Let me tell... I mean, you two now are the "Blue Brothers" and I'm out in the cold? Commissioner Dawkins: No, no, no, you're my "Blue Brother." Vice Mayor Plummer: Oh, OK, all right. Larry, I'll tell you where I'm at, and what I'll vote for. I'll vote to do this effective in 90 days. And you got 90 days to pull this act together. If not, I'll be the first to move it to withdraw it. There's my vote. Commissioner De Yurre: Second. Commissioner Dawkins: You know, that's the... Mayor Suarez: Moved and seconded. Commissioner Dawkins: That's great, you know. And that what I - you know - that's what I like about my "Blue Brother." You see, he always wants me to think that he's in my corner. Then he comes up with something that goes against what the hell I'm going to vote for. But then he tells them, I'm going to do with you if you don't do that. But see, I still lost. I don't care what you do, I lost. Vice Mayor Plummer: I'll tell you what, if they don't do it within 90 days, you make the motion and I'll second it. Commissioner Dawkins: No, I make the motion that in 90 days... they do what you say, do it in 90 days, they come back and discuss it. I'll make that motion. Vice Mayor Plummer: I think that's a legal problem for them. Commissioner Dawkins: It ain't no more legal than it's been with me sitting here trying to get... OK, I vote no. Mayor Suarez: We have a motion and a second. 17 October 24, 1991 Vice Mayor Plummer: Wait a minute, I didn't say that was a motion. I said that's what I'm willing to do. Commissioner De Yurre: Well, I seconded it.... Mayor Suarez: Well, hell, that's close enough to a motion in my book. You know, if that's what you're willing to do, I... Vice Mayor Plummer: Larry, can you live with that? Mayor Suarez: I need motions around here so we can move on, folks. We've got other items. We've got a planning and zoning agenda. Commissioner Dawkins: J.L. moved it, and Victor seconded it. Mayor Suarez: That's what I understood it to be. Do you want to withdraw that, or is that ,your motion? Does it make... Vice Mayor Plummer: That's... hey... Mayor Suarez: Does it make legal in administrative sense as stated? Do you guys understand what he means by the 90 days? Mr. Odio: That this will become effective in... Mayor Suarez: I see Joel Maxwell shaking his head vigorously. It's a little confusing to me. Mr. Odio: Let me see if I can clarify it. Unless otherwise told, if I come back and tell you that we have not got a fair deal from what we expect of the County within 90 days... Vice Mayor Plummer: We withdraw it. Mr. Odio: ...this is... Commissioner Dawkins: Fair deal on what? Mayor Suarez: On all the topics that were discussed. Vice Mayor Plummer: All of the items. Mr. Odio: Well, we have quite a few topics involved. The finance committee is dealing now with certain topics, but that should come up next week or the other week, and... Commissioner De Yurre: Why don't we put it down you come back in 60 days with a report. Vice Mayor Plummer: Say again? Commissioner De Yurre: Come back in 60 days with a report of the way things are going with the County. 18 October 24, 1991 Mr. Odio: I'll report back. I'll report back. Commissioner Dawkins: You know... Why I sure hope all of... I hope somebody up here need or want something on anything today. I vote no. Whatever I'm the swing vote on, I vote no. Vice Mayor Plummer: OK. Commissioner Dawkins: I want you all to understand that. Vice Mayor Plummer: All right. Commissioner Dawkins: OK? Let's... go ahead. I don't care what it is. Commissioner Alonso: Mr. Manager, what are the things that we are saying? - that if they don't agree what... mention some to me. Commissioner Dawkins: If it's building something in the middle of Hadley Park, I vote no. Vice Mayor Plummer: My "Blue Brother," my mother always taught me you get more with honey than you do with vinegar. Mayor Suarez: Please, Mr. Vice Mayor, Mr. Dawkins, we have Commissioner Alonso... Commissioner Dawkins: Where I grew up, we didn't have no bees to have honey, so we had syrup. Mayor Suarez: Commissioner Alonso was interrupted, please. Commissioner Alonso: Yes, I was trying to ask a question from the City Manager to give me some idea what will be the things that he expects to get from the County so it will give me some indication. Mr. Odio: Well, what... the issues that are pending with the County at this time is the request from the City on the Orange Bowl monies from professional tax. The Sports Authority has a separate request for monies from the same monies. There is also pending the resolution, final resolution, of the rent for this building that they are going to vacate. Commissioner Alonso: The 1.8? The 1.8, are we going to get the money? -that was going to, hopefully, to go to our taxpayers, 1.8? And we couldn't do it because the County refused to pay. Mr. Odio: Well, we set an arbitrary rent of $10 a square foot that I was hoping that we get a reply from. And also, the other issue that's pending is the, Gary, the fire services we provided to the County in the Port of Miami, which is about $700,000 or something like that. Mayor Suarez: Mr. Dellapa, do we have an outstanding dispute as to the fire services being compensated at the port? 19 October 24, 1991 Commissioner Alonso: It's incredible. Mrt Dellapa: There is a dollar figure out there that we have a commitment to doing that we will honor. As the Manager knows, that's not a... Mayor Suarez: What is that dollar figure? Mr. Dellapa: About $700,000. Mr. Odio: It's seven hundred and twenty thousand. Vice Mayor Plummer: Five million dollars over five years. Mayor Suarez: Seven hundred? Mr. Dellapa: Seven hundred thousand dollars. Mayor Suarez: OK, we're getting close to the two million, 1.8, that Commissioner... Vice Mayor Plummer: No, no, no, what they... no, no, wait a minute. What this Commission approved was five million over five years, as I recall. They came back and asked that they not be forced to pay for the first two years, but they would make... it was two and -a -half million? Whatever the number was. But they came back and asked that they not be forced to pay the first two years, but they would definitely, in the three years remaining, make up the total amount. And we agreed to that. Mr. Dellapa: And we're willing to do that, Mr..... Mayor Suarez: What I was trying to get at is of the letter that is outstanding which Commissioner Alonso alluded to, and which has a total of 1.8 million dollars in claims, I'm trying to see how close we are to getting all of that resolved. Part of it, I believe, had to do with the fire services at the port... Commissioner Alonso: Yes. Mr. Odio: Seven hundred and twenty thousand dollars. Mayor Suarez: Exactly or approximately. Commissioner Alonso: It was more like five... Vice Mayor Plummer: That's not in five years. Mayor Suarez: Part of it had to do with the rental of the Municipal Justice Building. So, hopefully, it is understood what this motion, if it passes, that the Manager has got to get at least an answer on that, Larry. We, you know, to not have even an answer is preposterous, and, you know, it's treating this Commission in a rather ungentlemanly way, to put it mildly. Yes, Commissioner Dawkins. 20 October 24, 1991 Commissioner Dawkins: Mr. Manager, do you have the money for the Orange Bowl? -and tell me where it is and how you come about it and why you don't have the money for the Orange Bowl repairs? Mr. Odio: Well, that's what I just said that we... Commissioner Dawkins: No, no, no, damn what they... tell me, I didn't hear it. Start from the beginning and tell me. Mr. Odio: I heard... We have completed the phase that we had the money for at the Orange Bowl. That has been com... Commissioner Dawkins: Do you have the money from the County to complete... Mr. Odio: No. Commissioner Dawkins: ...the work on the Orange Bowl? That's my question. Mr. Odio: No, that's what I said. No. No. Commissioner Dawkins: All right, why? Mr. Odio: Because the County has not acted upon the request yet. We had a meeting of the finance committee about a week and -a -half ago. Mr. Hawkins: About two weeks ago, Mr. Manager. Mr. Odio: Two weeks ago. And they decided that we needed to send an additional report that we did send it. And they're going to consider this matter next week, or two weeks from now, I believe. Commissioner Dawkins: How long has this been going on? Mr. Odio: A long... Mr. Hawkins: It was the first meeting, Commissioner. Commissioner Dawkins: Sir? Mr. Hawkins: It's very recent as it was the first meeting in which the dollars from the sports franchise fee that the state passed was available to us. Now, if you're talking about the Orange Bowl problems that the City has had over the past "X" number of years, I don't really feel confident to discuss those. I will discuss... Mayor Suarez: No, no he meant as to the new tax, you're right. Mr. Odio: No, Commissioner Hawkins, Larry, this has been going... the request first went in in February of last year. And we know why it's been delayed. Commissioner Dawkins: I don't, but I'm glad you do. Vice Mayor Plummer: Well, let me... 21 October 24, 1991 Commissioner Dawkins: Do you have the money for the arena that the County has tied up? Mr. Odio: No. Commissioner Dawkins: Why? Mr. Odio: Well, they haven't... the arena... Commissioner Dawkins: No, but you see, you all set up here all day. They come here and anything they ask you for, don't worry about it, we going to work it out. Vice Mayor Plummer: Let me support... Mr. Odio: Let me answer you, the arena request was a more recent request. Vice Mayor Plummer: Let me support your position. Mr. Odio: It was only requested last month. Vice Mayor Plummer: To my... Mr. Hawkins: The arena... Commissioner Dawkins: You just requested money last month for the arena? Commissioner Alonso: No wonder we're having economical problems. Mr. Odio: Yes, sir. Mr. Hawkins: That's correct, Commissioner. Mr. Odio: Yes, sir. The arena requested something that came up last month. Vice Mayor Plummer: To my irate "Blue Brother." Commissioner Dawkins: Yes, J.L. Mayor Suarez Commissioner - Vice Mayor Plummer. Vice Mayor Plummer: To further support your problem, let me understand with you that there is a total of $51,000,000 that is allocated in that bond issue. They have already allocated twenty... Mr. Hawkins: Forty-eight, Commissioner. Vice Mayor Plummer: Forty-eight. You've already allocated half of it. Yes,: Lipton Tennis Tournament. Mr. Odio: Twenty-two point five. Mr. Hawkins: Approximately. 22 October 24, 1991 Vice Mayor Plummer: Approximately half of it is already gone, and does not address a City issue. OK? So what I want to say to you is that of the remaining amount, roughly $24,000,000, there are probably requests for in the neighborhood of sixty to seventy million in request. Mr. Hawkins: No, there's about $25,000,000 worth of requests if you take everyone's request at the high end. Vice Mayor Plummer: OK. Larry, what I guess I'm trying to say - and this is before you - the County passed a $300,000,000 bond issue. Of which, remember, whatever bond issue you pass in the County, my people pick up 27 percent of, for every dollar you have. Mr. Hawkins: Gary, they want to build a biotech... Mr. Dellapa: Yes. Vice Mayor Plummer: When I went back to the County and I asked them, what are my City people receiving for the 27 percent of that bond issue they're paying? Here was the answer. We're redoing Rickenbacker Causeway, we're redoing Vizcaya, and we're redoing the Dade County Auditorium. All County facilities. I think what we're really crying out for is fairness. That's all we're asking for is fairness. And act responsible when we at least ask for a response. That's all I think we're saying. Mr. Hawkins: Mr. Mayor, can I say something here? Mayor Suarez: Commissioner Hawkins. Mr. Hawkins: If I could just say something here. I was asked to come here by two gentlemen, both who... one who works for me, and one who works for you as a collective group, to discuss an issue of mutual benefit to the City, to the County and to the State. I tried to make that presentation. Let me try again. The City, I understand, and, Commissioner Dawkins, I'm like you. Sometimes somebody tells me something, and maybe it's already done or maybe it's not done. I don't know. But I understand the City wants to get into building a health technology center to... Mayor Suarez: Well, that's incorrect, right off the bat. Let me just clarify that, Commissioner, because... Mr. Hawkins: OK, if that's incorrect, tell me. Mayor Suarez: ...we think the County, the State, the University of Miami, FIU, the economic institutions, all want to have a CHD - I forget what the initials stand for - biomedical facility there. Mr. Hawkins: Right. Mayor Suarez: The land happens to be ours, which is the ideal land. We'd like to get paid for it. So I don't want to give the impression this is going to be a little bit like Metrorail, Metromover, particularly Metromover, where somehow the City is involved as if we were the promoters of this. We're paying the tab for a great deal of it. The County is paying a minimal amount 23 October 24, 1991 of that, and yet, somehow, it's not even reflected that the City is involved. I don't want to do that with CND. Let's not get off the wrong foot. CHD is a concept that we hope the County and the State will embrace and we might, or might not - this Commission has not made any decision at this point to allocate some land that is very expensive and very valuable for that. So let's not get that wrong. I'm sorry to interrupt you. Mr. Hawkins: OK. Thank you again, Mr. Mayor. Whether, you know... that is a component, we'll leave that out for a second. The state would like to move from the facility that they're located now to the Santa Clara station. We're trying to accommodate them, because that would make it easier for the citizens of the City of Miami. Mayor Suarez: Where is that, by the way, for the benefit of the people who may be from the City of Miami and may not know the Santa Clara station address? Mr. Hawkins: The actual address is... Mayor Suarez: Roughly. Vice Mayor Plummer: Seventh Avenue and 10th Street. Mr. Dellapa: Tenth Street at 7th Avenue. Mayor Suarez: All right. Mr. Hawkins: Tenth Street and 8th Avenue. It will allow the citizens of Miami, as other citizens who use the facility, better access to it. The state would like to do that. We'd like to facilitate that in kind of a... we're working with them to get the land. We'd also like, as part of this three part cooperation, to move and put our pretrial detention facilities all together that makes economic sense for all of us. I'm in the same boat that you are up there. We have a finite amount of resources - not at the County or the City - but as responsible people who are overseeing taxpayers' dollars. And that's all I'm here for. I'm not here to play "Let's make a deal." I am here, and will commit myself to two things at this time - three things - which is the only thing I, as one person can do. If the Manager or anyone on this Commission would copy me on any letters sent to anybody in the bureaucracy, and if in a timely manner that is not gotten back to you, I'll take responsibility for that because I'm in the loop. The second thing I will say to you is I will try, within the auspices of my office, to try to make sure that the County and the City work together, as Commissioner Plummer pointed out. I haven't been there that long, but in the time that I will be there in the future, which again may not be that long, but in that time I will pledge that I will try to see from our standpoint as much as one Commissioner can, I will try to make sure that there is this type ofcooperation. And the third thing, I wasn't aware, Mr. Mayor, that you had talked to Mayor Clark who, as you know, has been ill and been otherwise predisposed. He's getting much better and we hope to have him back with us shortly. But he's really been out-of-pocket and hospitalized for quite a bit of time. I happen to think two people from the City, two from the County, on any issue or on a... Mayor Suarez: You can make it three from the County too, I mean, we're... 24 October 24, 1991 F Mr. Hawkins: Three from the County and three from the City... Mayor Suarez: Four. Mr. Hawkins: ...or, you know, it's not... Mayor Suarez: Manageable number. Mr. Hawkins: Yes, it's not the numbers game, it's the... Mayor Suarez: And particularly on the issue of land use and swaps, and/or, you know, monies going back and forth to compensate for the use of lands. That's the particular purpose for which I proposed it, and didn't go anywhere. Mr. Hawkins: Again, I happen to think it's a good idea, and I will be glad, Mr. Mayor, to sponsor under my name... Mayor Suarez: Appreciate that. Mr. Hawkins: ...at the next Commission meeting, which would be November 5th, a resolution. And I can't guarantee anything, but I'm sure even if I, like Commissioner Dawkins, was a no vote, it would be... there will be five other people who think that's a good idea. I just think it makes good sense. As you know, we're meeting tomorrow with the school board, and I don't see any reason why we don't meet with you, certainly in this forum or any other forum. So those are the three things, and the only three things I can commit to doing to you here today. I think it makes a lot of sense for both of us to do what we want to do here on resolution number six, and I would hope you'd pass it. If you do, you do. If you don't, you don't. Mayor Suarez: All righty, we have a motion and a second. A. Quinn Jones, III, Esq.: Excuse me, Mr... Mayor Suarez: Is it in legal form now that would make sense? ,i Mr. Jones: No, I think we need a clarification because I'm a bit confused as to what the motion is. Mayor Suarez: Mr. Gonzalez-Goenaga, you can study our instruments at any other time but right now, sir. Why don't you just... I� Mr. Gonzalez-Goenaga: It's not working, your Honor. 4 Mayor Suarez: Yes, well it's not meant to work right now because you've not been recognized. So if you want to take a seat, sir. Vice Mayor Plummer: The City Attorney understands, I think, what I'm trying to accomplish. That what we are passing is intent to be final approval on the { 90 days from today. Y Mayor Suarez: OK, that begins to sound like a resolution of principle that we - - move forward... 25 October 24, 1991 Vice Mayor Plummer: Well, would it be acceptable to you if I move it in principle for final vote on....? Mayor Suarez: And, but leave the final vote on the details of it to be no later than 90 days from today, or no earlier, either way. Vice Mayor Plummer: February 1. Commissioner De Yurre: Are we going to have a report back in 60 days and see where we're at? Vice Mayor Plummer: Well, that's... I think the ball is in the other court. Mayor Suarez: All right, we're hearing that it doesn't do anything, meaning it is a resolution of intent, so it does something, counselor. What you're saying is, it doesn't do anything vis-a-vis what they need. Is that what you're saying? OK, what would bring it up to the level of being something that could be implemented and that would help them in some way in their planning, but would still leave us some discretion? Vice Mayor Plummer: Let me further on that... Mayor Suarez: If there is such a thing that can be done. Vice Mayor Plummer: Let me further. Mayor Suarez: Yes. Vice Mayor Plummer: If, in fact, that spirit that this Commission is looking for comes about in less than 90 days, I would be willing to move it in 30 or whenever it is acceptable to this Commission, that we feel comfortable that there is that spirit we're looking for. Ninety days would be the outmost. Mr. Hawkins: Mr. Mayor, if I may... Mayor Suarez: Let me say. Yes, go ahead, Commissioner. Mr. Hawkins: Let me suggest this if we can... This may, Mr. Mayor, get everybody out of the box. What I came for today was on your resolution number six which was waiving a previous resolution that said we shouldn't build anything in the City until things are built outside the City. I think I've demonstrated to you that we've built all outside the City. What I would say to you is, I don't even think - Commissioner Plummer, with all respect - you could pass the waiving of this resolution today. We're not going to build this thing for probably another year, maybe even a year and -a -half. And if... Mayor Suarez: Will it require, on that point, on that note, will it require some further City involvement at some point that we can say at that point if we didn't like the way things were going 90 days or otherwise, we might be able to then exert our influence and authority? Mr. Jones: The effect of what you're doing is deferring it to that point. That's the effect of it. October 24, 1991 .44k Mayor Suarez: Listen to my question, counselor. Mr. Odio: Let me, let me ask... Mayor Suarez: Is there another point, as implied by what Commissioner Hawkins was saying, at which this Commission will have some say... Mr. Odio: Yes. Mayor Suarez: ...in the site planning... Mr. Odio: Yes. Mayor Suarez: ...the zoning, the approval... Mr. Odio: Yes. Mayor Suarez: ...the building permit? Anything, but we can exert our authority at that point. Mr. Odio: Yes to all of that. They have to come back here for all the permits. Mr. Jones: It's coming back to you, so you will have that opportunity to approve whatever it is. Mayor Suarez: It's coming back to us for what? Mr. Odio: For any... what you just said, one, two, three. Mr. Hawkins: So, Mr. Mayor, if I can just... again, I apologize to you and the other members of the council, the Commission. But if you pass the waiver of this resolution, and you don't like whatever transpires under all of the things that we've talked about, if I or my colleagues don't perform in a way that you feel comfortable with, you can reinstate this resolution... Mayor Suarez: All right. Mr. Hawkins: ...between now and the next year and -a -half before we could build the building. I'm just trying to get it started. Mayor Suarez: Let's try this. The motion would be understood if the movant so accepts it, to waive the resolution, to instruct the City Manager to busy himself over the next 90 days - maybe even less, it can always be less than that - trying to get the cooperation of the County on the various issues that we have discussed. And bring back the issue to this Commission which it is understood we'll have the ability at more than one juncture before you're able to build anything, to try to stop your project. Mr. Odio: Mr. Mayor, I need to clarify this, it's important. Mayor Suarez: Clarify it beyond what I just stated, Mr. Manager? 27 October 24, 1991 k ~k Mr. Odio: You're not... this resolution that you have before you does not waive all of the resolution that was passed. Commissioner De Yurre: We're making an exception. Mayor Suarez: I just stated that the motion would be restated and understood to waive that resolution. Mr. Odio: No, sir. This resolution you have before you here is to waive... Mayor Suarez: The resolution we're about to make would waive the prior resolution in its totality. Mr. Odio: May I finish? Let me finish, please, sir. We didn't want to waive the whole resolution. Mayor Suarez: All right, what don't you want to waive about it? Mr. Odio: It wanted to be tied to a specific site, which is the health department facility. Mayor Suarez: As to this particular site. All right? Mr. Odio: Because it's off the... Mayor Suarez: You want to limit it. Mr. Vice Mayor, would you agree to that understanding of your motion? Vice Mayor Plummer: I have no problem. But I want you to be fully aware that if it doesn't exist in 90 days, I'm going to be... well, I guess I'm going to be here. Commissioner Alonso: You will. Vice Mayor Plummer: After November the 5th. Mayor Suarez: There are all kinds of bets taking place on whether you'll be reelected or not. The money right now is you might be by a narrow margin. Commissioner Dawkins: Mr. Mayor... Vice Mayor Plummer: That's acceptable. Mayor Suarez: And - I'm sorry - let me just make sure, did we have the second on that, Mr. De Yurre? Commissioner De Yurre: Well, my feeling all along was that we're going to make an exception to the resolution, not to get rid of the resolution. Mr. Odio: Exactly what I'm saying. Mayor Suarez: That's why the Manager just inserted the proviso that it's site specific. The waiver is site specific. 28 October 24, 1991 L2 Vice Mayor Plummer: But the waiver is effective in 90 days. - Commissioner Dawkins: Yes, but does the waiver waive the right where they could put jails anywhere else in the City of Miami? - Mr. Jones: No, it doesn't. Vice Mayor Plummer: No, site specific. Mr. Odio: No, no. Commissioner Dawkins: Or does it just say on this one site? Mayor Suarez: On this site. On this site. Commissioner Dawkins: That's what I'm trying to find out. Mr. Jones: No, it's just.... Mr. Odio: That's what I'm saying, it's one site. Mayor Suarez: Wait, wait, as restated. Mr. City Attorney, are we correct that as restated, it would be only as to this site. Mr. Jones: That's correct. Mayor Suarez: Thank you. Commissioner Dawkins: All right, wait - OK. Mayor Suarez: Commissioner Dawkins. Commissioner Dawkins: Wait a minute, wait a minute. I've been here, not long as J.L. Mr. City Attorney, read the correct wording that will be the resolution as printed in the minutes which says, we're only waiving this site, and after this site, we go back and pick up resolutions number 86-101A and 87- 388 which set forth that there would be no more jails in the City of Miami. Now, if you say that's what we're saying, then read it out like that. - Mr. Jones: Commissioner Dawkins, section 3 of the proposed resolution states specifically that, "...Said waivers shall be site specific and limited solely to the above mentioned health department".... Commissioner Dawkins: No, no, name the site. No, no, name the site. Mayor Suarez: And limited to... he was getting to that. And limited to the site, go ahead. Mr. Jones: "Said waiver shall be site specific and limited solely to the above mentioned Health Department Civic Center location." Mayor Suarez: Which is defined properly and satisfactorily above? t i Mr. Jones: Yes, that's correct. 29 October 24, 1991 i Mayor Suarez: OK, be sure because Commissioner Dawkins, as the rest of us, are concerned that it be defined precisely when you refer to the above and all of that. You know how lawyers are. They refer to the above which would be an entire book of above. Mr. Odio: The reason we agreed to that site as specific it's already off the tax rolls. Commissioner Dawkins: You all agreed to that site specifically because you worked out a deal to get your money for the Orange Bowl. That's why you all agreed.... Mayor Suarez: All right... Commissioner Dawkins: Give me a break! Give me a break! Mr. Hawkins: Not with me, he didn't. Mayor Suarez: All right, we have a motion and a second, understood properly, I believe. Any further discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 91-761 A RESOLUTION, WITH ATTACHMENTS, GRANTING METROPOLITAN DADE COUNTY A WAIVER AS TO RESOLUTION NOS. 86-1018 AND 87-388 WHICH SET FORTH THE CITY COMMISSION'S POLICY ON NEW JAILS WITHIN THE CITY, AND AGREEING THAT SAID POLICY'S PROVISIONS SHALL NOT APPLY TO THE HEALTH DEPARTMENT FACILITY LOCATED IN THE CIVIC CENTER AREA SUBJECT TO DADE COUNTY ACTUALLY OBTAINING POSSESSION OF THE HEALTH DEPARTMENT SITE; AND PROVIDING FOR AN EFFECTIVE DATE OF 90 DAYS HENCE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Be Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Commissioner Miller J. Dawkins Commissioner Miriam Alonso. ABSENT: None. COMMENTS MADE DURING ROLL CALL: 30 October 24, 1991 Commissioner Alonso: I will have to vote no, and the reason is that when we cannot really get even a response for monies that are owed to the City of Miami, I don't think that I should vote to change something that is beneficial for the City of Miami, and protect the taxpayer, so I vote no. Commissioner Dawkins: I'm going to vote no, and I am very upset with the Manager for knowing all of the things that we're supposed to get from the County and don't get nothing. And that the Manager would bring something like this and put it on the agenda. I'm a little disturbed with you, and very angry with you. And don't care who know it. It shouldn't have been put on the agenda until you had come before me and say, Commissioner Dawkins, I have gotten this. I don't care what Commissioner Hawkins says about this is no "Let's make a deal." With me it is make a deal. OK? And I vote no. Commissioner De Yurre: I think that a lot of things have been said here this afternoon, and a lot of which is true. We need to work together with the County and maybe this is one way of saying, hey, are we going to work together or not? And we've got 90 days to see if there's going to be cooperation or not. And if there's no cooperation, then we go back to where we were, and - everybody is pulling teeth and doing everything they want to do and it will be a tug of war. So if we're all adults and we all care about our community, in 90 days we should have something that is going to be responsible to all of us, and, hopefully, and because of that, I'm going to vote yes. COMMENTS MADE FOLLOWING ROLL CALL: Mayor Suarez: Commissioner Hawkins... Commissioner Dawkins: Mr. Mayor, a question. Mayor Suarez: ...let me just give him a going away present here. Commissioner Dawkins: OK, a question though before you give him a going away present. Mayor Suarez: Commissioner Dawkins. Commissioner Dawkins: To this Commission. Who's responsible for any monetary cost that the Health Department may incur on a go ahead that this is OK, and then 90 days it's turned down. Who's liable for any cost that that may come up? -if we turned it down in 90 days although we've told them today, go ahead? Vice Mayor Plummer: No, we haven't told them that. This is effective in 90 days. This resolution is effective in 90 days. Mayor Suarez: No, the resolution is effective immediately. It's a waiver of a prior resolution. Commissioner Dawkins: That's right, that's right. It's effective now, as soon as you pass it. Vice Mayor Plummer: No, no, no, no. 31 October 24, 1991 i Mayor Suarez: Now, we don't anticipate that they can take any steps in pursuance of it for at least 90 days, more likely a year, and that we will have... Vice Mayor Plummer: My understanding was this was effective in 90 days. Then they proceed themselves accordingly. And there's no liability on this City's part. Only thing that we would do is if we don't find the comfort we're looking for, we rescind it within 90 days. Mayor Suarez: We certainly can do that within 90 days, but it is effective immediately. We can rescind it. We can rescind it in 30 days if we want. Commissioner Alonso: It's effective today. Vice Mayor Plummer: It's not the point. If, in fact, as Commissioner Dawkins says, based on the action of this Commission today the Health Department proceeds to make other arrangements, and we pull out the rug, is there a liability on our part that they traveled on good faith and then they will come back at us to try to recover... Mayor Suarez: OK, that goes back to Commissioner Dawkins' question, and... Vice Mayor Plummer: Excuse me, what is the problem with making it effective in 90 days? What's the problem with that? I don't see any problem with that. What comes first? Mr. Jones: That's what you just voted on. Vice Mayor Plummer: Well, that's what I thought, but they're saying no. Mayor Suarez: I was saying no. Is your understanding, Mr. City Attorney, that the motion as stated is that it would not become effective for a period of 90 days? Mr. Jones: Yes, that's what you... Vice Mayor Plummer: That's what I understood. Mr. Jones: That's what you proposed to vote on. Mayor Suarez: Does the second agree to that? All right, let the vote be... reflect that understanding. I still vote favorably, and so does the movant and second. Vice Mayor Plummer: Well, let me just state for the record. And in my estimation I respect the rights and I understand where Commissioner Alonso and Commissioner Dawkins are coming from. The frustration is where they're coming from. But in my interpretation as an old time businessman, this has the word "clout" written across it. Commissioner Dawkins: In your business who has come back and told you clout was important? -that you dealt with? Vice Mayor Plummer: Would you like a freebie? 32 October 24, 1991 Mayor Suarez: One thing of my good-bye message here, Commissioner, that relates to what Commissioners have just been saying, we appreciate your coming to this Commission, and we appreciate your bringing the Corrections Director, Assistant County Manager. Other jurisdictions, without necessarily mentioning names, but others that have countywide authority, have started off negotiating with this Commission by sending the lowest level bureaucrats and we never get to see, you know, their high level people. The County Commission, I think is beginning to get the message that we have some problems, because we have now seen, I think, we've seen... Vice Mayor Plummer: We've got three of the Commissioners... Commissioner Alonso: Commissioner Penelas, Commissioner Collins... Mayor Suarez: Penelas, Collins, I think we've seen Dusseau. We've seen yourself, we've seen Teele. So that's a majority of the County Commission, and that bodes well for the ongoing cooperation that Commissioner De Yurre alluded to. And we don't want you to think that just because today we threw every possible issue of dispute between our two jurisdictions on you, and we do ask you to relay them back. Please, don't filter any of it because it is strongly felt over here, that it had anything to do with your presence. In fact your presence is to us an honor, sir. It means that the County really takes seriously this request, as they know that we have strong reservations about it for the reasons of the original resolution, so we appreciate that. Commissioner Dawkins: Mr. Man... Mr. Hawkins: Thank you, Mr. Mayor. It should be pointed out this isn't the first time I've been here since I've been elected. Commissioner Dawkins: Mr. Manager... Commissioner Alonso: Come back so I can vote yes. Commissioner Dawkins: ...at the December meeting bring me a certified non - asbestos reading for that jail on 12th Street. I want you to go in there and come back and tell me that there is no asbestos, and that I am not subjecting prisoners in the City of Miami's jail to asbestos. Bring that back to me. Commissioner De Yurre: Mr. Mayor, I have one more question if I may, and it's directed to... Mayor Suarez: Yes, Commissioner De Yurre. Commissioner De Yurre: ...Commissioner Hawkins. Where did you get that tie? Mr. Hawkins: Actually there is somebody who works for the County who's an incredible picker out of fashion. She works at the Jack Orr Center, she's a nurse there. Her name is Betty De Yurre, and I happened to run into her at a store and I asked her what I thought, what she thought would look good on me, and she got me this tie. Commissioner De Yurre: She knew I wouldn't wear it. 33 October 24, 1991 Mr. Hawkins: I would just like you to personalty thank her for me. Thank you, Mr. Mayor. Mayor Suarez: And you've been here a few times, but you've never worn a tie quite like that. So this is definitely unprecedented. I'm sure if you had enough of those ties you could make a very nice curtain, sir. Mr. Hawkins: I just wonder, Mr. Mayor, if Commissioner Dawkins and De Yurre, Plummer, and Alonso were aware of the fact that you gave away 14,000 tickets to Heat games this morning at the rally for the children, and I personally... Mayor Suarez: That's exaggerated version of my offer... Mr. Hawkins: I personally want to thank you as a Dade County... Mayor Suarez: ...of my own box seats, sir. Mr. Hawkins: Yes. Commissioner Dawkins: No, we are not aware, and that's why we're angry, because we didn't get any mileage out of it. OK, and Lonnie, you did not... you are not the gentleman who say I didn't have but one vote up here. All right, no problem. Although you see I didn't have. OK? All right. 4. APPROVE CITY OF MIAMI'S COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS) FOR PERIOD OF OCTOBER 1, 1991 - SEPTEMBER 30, 1992 - AUTHORIZE MANAGER TO SUBMIT CHAS TO U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (U.S. HUD). ------------------------ ----------------------------------------------------- Mayor Suarez: Item 1. Quickly, let's go through these. We can get to our Off Street Parking item. I see Mr. Cook there waiting to give us part of his budget. Comprehensive housing affordable strategy for the year beginning October 1 through September 30th. Any questions of the administration on this? If not, I'll entertain a motion on the resolution. Vice Mayor Plummer: What is this? -item one? Mayor Suarez: Mr. Gonzalez-Goenaga, I see you're getting wound up on this one too. What is your interest in this item? Mr. Manuel Gonzalez-Goenaga: ... microphone working please. Mayor Suarez: We're just about to get it ready for you, sir. Go ahead. Mr. Gonzalez-Goenaga: OK. Well, first of all, good afternoon, my dear friends. Vice Mayor Plummer: Good afternoon. 34 October 24, 1991 Mr. Gonzalez-Goenaga: This meeting was supposed to start at 2:00 and 45 minutes was on an issue that has not even been solved. Mayor Suarez: And you're just adding to the delay, Mr. Gonzalez-Goenaga. Get to the point, sir. Mr. Gonzalez-Goenaga: Yes. OK. You say, what do I have to say about this resolution number one? Well, I think it's extremely important because it discusses affordability for housing. And if that thing is not important for the community of Miami, then we are really in bad shape. You're going to tell me, Mayor... I'm sorry... Mayor Suarez: Go ahead, sir, go ahead. Mr. Gonzalez-Goenaga: Oh, you are here... Mayor Suarez: No, sir, go ahead. You are entitled to speak at the Commission meeting and even that is doubtful on this item, but you're not entitled to the undivided attention of this Commission. We've got many many other matters = pending, and your statements can many many times be repetitious. But go ahead and finish. It will be in the record. And we, hopefully, will or will not listen to it. Mr. Gonzalez-Goenaga: I am finished. Thank you. Mayor Suarez: Thank you. Mr. Gonzalez-Goenaga: On one. Commissioner Alonso: Move. Mayor Suarez: On item 2, moved by Commissioner Alonso - item 1, rather. Do we have a second? Vice Mayor Plummer: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 91-762 A RESOLUTION, WITH ATTACHMENT, APPROVING THE CITY OF MIAMI'S COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS) FOR THE PERIOD OF OCTOBER 1, 1991 THROUGH SEPTEMBER 30, 1992, IN SUBSTANTIALLY THE ATTACHED FORM, AND AUTHORIZING THE CITY MANAGER TO SUBMIT THE CHAS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (U.S. HUD). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 35 October 24, 1991 TO t Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. ------------------------------------------------------------------------------ 5. STRONGLY URGE DADE COUNTY COMMISSION TO SCHEDULE, AT ITS NEXT MEETING, CONSIDERATION OF PROPOSED AMENDMENT TO THE DEED BETWEEN THE CITY AND THE COUNTY CONCERNING CITY'S REQUEST FOR CONVEYANCE BY THE COUNTY OF A PARCEL OF LAND IN THE GOVERNMENT CENTER AREA (ADJACENT TO THE CITY OF MIAMI ADMINISTRATIVE BUILDING - PHASE I, 275 N.W. 2 STREET.) ------------------------------------------------------------------------------ Mayor Suarez: Item 2, request for proposal for unified development project, UDP, City Administration Building, phase... Vice Mayor Plummer: Mr. Mayor, I have previously talked against this procedure. Mr. Herb Bailey: We withdrew the item. Mayor Suarez: I'm sorry. Vice Mayor Plummer: You withdrew item 2? Mayor Suarez: My mistake. Mr. Bailey: We withdrew item 2. Mayor Suarez: Items... Commissioner Alonso: Yes, but if I may... Mayor Suarez: Yes, Commissioner Alonso, on the issue of withdrawal. Commissioner Alonso: If I may, I think that even though the item has been withdrawn, I think that it is important for us to address the concern that we have with the land. And I was inclined to mention this while Commissioner Hawkins was here, but I felt it was unfair to get him involved in the process. So I waited for the item to come in front of us. I'm very disappointed to see that we cannot, and I wish that the City Manager would pay attention to this, because it's important for the City, that this land was a change for a piece of land that the County has already used. And now, according to the 36 October 24, 1991 information that I get from the administration, it is in doubt whether we own that piece of property or not. I think it's important to go back to the County and ask them if this piece of land is the property of the City of Miami or not. I feel that the land belonged to us. As a matter of fact, we are using it as a parking lot. But it seems that there are legal implications whether we own the property or not, whether we can build on the property or not, whether we can have an administration building in that location or not. And that the County has taken the land back to them. Mayor Suarez: What about that? Do you want to get... Commissioner Alonso: I think that... I believe that we have to go back to the County, and I offer to be personally involved and 1 think that the Legal Department and the administration and all of us should demand that the County give us what is rightful ours. Vice Mayor Plummer: Clear title. Commissioner Alonso: And give us the title of this property, because this belongs to us. Mayor Suarez: Do you want a status report at this point, or do you want to wait? Do you want to get it in writing? Commissioner Alonso: No, I really think that something has to be done, and we cannot continue to wait. It's been going on, as far as I'm concerned, for at least two years, back and forth, and still the Legal Department believes that it's not ours. The administration has some doubts, and we cannot proceed with any process because it's not clear. How long can it be this way? A. Quinn Jones, III, Esq.: Mr. Mayor... Mayor Suarez: What about it, Mr. Jones? Mr. Jones: May I address? In response to the Commission's inquiry, I think it was the last meeting, I noted the question came up as to whether, in fact, the City had title. I think that there was some disagreement as to whether we did or not. Keep in mind that we're talking about several parcels of land. There were actually two deeds - excuse me - two deeds involved with this particular property. Of that land, there are only three parcels that are not subject to the reverter clause. The deeds required that the City build a fire department administration building and a City administration building within three years, having commenced construction - excuse me - within 18 months. Mayor Suarez: You said there were three parcels that were not subject to the reverter clause. Mr. Jones: Right, all of the... Mayor Suarez: How many parcels are there altogether? How many parcels? Mr. Jones: All of the others are subject to the reverter. 37 October 24, 1991 Mayor Suarez: How many parcels are there altogether? Are we talking about a big chunk of land, a small chunk, that is subject to the reverter clause? Mr. Jones: Yes, you're talking about one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve; fourteen par.... Commissioner Alonso: But, Mr. Mayor... Mayor Suarez: Most of them are subject to the reverter clause. Mr. Jones: Fourteen parcels. Commissioner Alonso: Yes, but, Mr. Mayor, very conveniently the County took land from us, and then we're always at the position that they take away from us. Mr. Jones: If I might... Commissioner Alonso: The taxpayers of Miami are fed up with this system. Mayor Suarez: OK. Have we got a waiver of the reverter from the County? Mr. Jones: OK, let me... Vice Mayor Plummer: We're not even aware of the situation really.... Mayor Suarez: Are we close to getting it? Where are we on it? Mr. Jones: I was about to get to that. I spoke... Mayor Suarez: It was a long time to get to it, counselor, I have to tell you. But go ahead, please. We're... Mr. Jones: I spoke with the County Attorney's office yesterday. They've indicated to me that they have... they're prepared to recommend to the County Commission that the deed be either amended to delete the reverter clause. However, because it is an automatic reverter, which means it did not have to be exercised by the County, I'm of the opinion that it would require the issuance of a new deed. In any event, the County administration has been represented to me that they will present it, prepare.... Vice Mayor Plummer: Not after today. Commissioner Alonso: How long will it take for this process to be finalized and that you can come back to us and tell us everything has been resolved and this property belongs to the City of Miami, and we have no more problems with the County? Do you have an indication? Do you have an idea? As far as I'm concerned, I've been directly involved for over a year, and nothing has been resolved. Mr. Jones: I will speak with Mr. Ginsburg again tomorrow and see what kind of timetable that he has, as quickly, as expediently as we can possibly get it before them. 38 October 24, 1991 Commissioner Alonso: It has to go in front of the County Commission? Mr. Jones: Yes, he's assured me that it will have to go back before the County Commission for approval. Commissioner Alonso: Well, I think that we should make a motion then that it goes at the next County Commission meeting, and the situation is clarified to the satisfaction of the City of Miami. Mayor Suarez: Absolutely. Absolutely not... Vice Mayor Plummer: You made that a motion? Mayor Suarez: Don't let it get bogged down in committee, please. Commissioner Alonso: Yes. Vice Mayor Plummer: I second it. Mayor Suarez: The whole idea is not to let it get bogged down in committees. If you have any problem with that, alert us to it, alert me to it, alert Commissioner Alonso to it, anyone of us. And we will call over there and say we want this heard by the entire County Commission without any delay. Vice Mayor Plummer: Well, Mr. Mayor, I think whether... Commissioner Alonso: Yes, we cannot continue to give the feeling that we are such a weak form of government that we cannot defend what is rightfully the property of the City of Miami. And these people have got it into the system that they do as they please with us. And it has to stop. Mayor Suarez: And it's very convenient to put things in committee and to sort of have them die there. The U.S. Congress has learned that over a couple of hundred years of history. Vice Mayor Plummer: Mr. Mayor, I think it should be a proviso that there's no reverter nor stipulation. I think that the property is rightfully ours. Commissioner Alonso: Of course. Vice Mayor Plummer: And it should be conveyed over to us by clear title for whatever we're going to use it for. Commissioner Alonso: Of course, yes. Mayor Suarez: I think that's the correct approach that we would like to take. All right, with that understanding, so moved and seconded. Any discussion? If not, please call the roll. 39 October 24, 1991 The following motion was introduced by Commissioner Alonso, who moved its adoption: MOTION NO. 91-763 A MOTION STRONGLY URGING METRO-DADE COUNTY COMMISSION TO SCHEDULE A CITY OF MIAMI ITEM, AT ITS NEXT REGULARLY SCHEDULED MEETING, CONCERNING A PARCEL OF LAND WHICH, IN YEARS PAST, WAS DEEDED TO THE CITY AS PART OF A COUNTY/CITY SWAP, IN ORDER TO DISPEL DOUBTS CONCERNING OWNERSHIP OF SAID PARCEL OF LAND PROPOSED TO BE THE SITE OF THE NEW CITY OF MIAMI ADMINISTRATION BUILDING - PHASE II; FURTHER, DIRECTING THE CITY ATTORNEY TO AGAIN CONTACT MR. GINSBERG, OF THE COUNTY ATTORNEY'S OFFICE, IN ORDER TO ASCERTAIN THE COUNTY'S PROPOSED TIMETABLE; AND FURTHER STIPULATING THAT THE CITY OF MIAMI EXPECTS TO RECEIVE CONVEYANCE OF SAID PROPERTY BY CLEAR TITLE WITH NO REVERTER OR STIPULATION CLAUSES ATTACHED THERETO. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 6. EMERGENCY ORDINANCE: CREATE NEW SPECIAL REVENUE FUND: RECREATION PROGRAMS FOR THE MENTALLY RETARDED - FY192 - APPROPRIATE $241,213, CONSISTING OF A GRANT ($191,213) FROM STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (HRS) AND $50,000 IN CARRY-OVER FUND BALANCE FROM FY191 REVENUE FUND. Mayor Suarez: The item had been withdrawn so we're on item three, I believe, special revenue funds... Vice Mayor Plummer: Move it. Commissioner Alonso: Second. Mayor Suarez: Moved, seconded. Any discussion on item 3? If not, please call the roll. 40 October 24, 1991 Vice Mayor Plummer: Justify the emergency. A. Quinn Jones, III, Esq.: It's an emergency ordinance, it's an ordinance, requires reading. Vice Mayor Plummer: I said justify the emergency. Mr. Odio: This item has been presented to you as an emergency measure 1n order to meet the grantings agency's deadline of October 30 of 1991, and so that the funds are immediately in place for the continuation of the program. Vice Mayor Plummer: How long have you known about this, sir? Mr. Odio: We were just... Unidentified Speaker: We were given the contracts, excuse me. We were given the contracts in mid September. Mr. Odio: Late September, yes. Vice Mayor Plummer: Thank you. Mayor Suarez: Call the roll on the item. Vice Mayor Plummer: You got to read the ordinance. Mr. Jones: The ordinance needs reading. Vice Mayor Plummer: Read the ordinance. Mayor Suarez: Let me let them read the ordinance first. Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE CREATING A NEW SPECIAL REVENUE FUND ENTITLED: "RECREATION PROGRAMS FOR THE MENTALLY RETARDED - FY 192" AND APPROPRIATING FUNDS FOR ITS OPERATION IN THE TOTAL AMOUNT OF $241,213 CONSISTING OF A $191,213 GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (HRS) AND $50,000 IN -CARRY-OVER FUND BALANCE FROM THE FY 191 REVENUE FUND OF THE SAME NAME; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD AND TO ENTER INTO THE NECESSARY AGREEMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT THE GRANT AND IMPLEMENT THE PROGRAM, SUBJECT TO APPLICABLE CITY CODE t PROVISIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Alonso, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: 41 October 24, 1991 { Y i P,i, 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. s Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Alonso, adopted said ordinance 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. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10929. 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. 7. SECOND READING ORDINANCE: AMEND 10794 - IMPLEMENT BUDGETARY ADJUSTMENTS TO COMPLY WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, AS OUTLINED BY CITY'S EXTERNAL AUDITORS. ------------------------------------------------------------------------------ Mayor Suarez: Item 4, second reading. Annual appropriations ordinance. Vice Mayor Plummer: Move it. Mayor Suarez: Moved. I'm going to recognize you in a second. Thank you for making it clear that you want to be recognized. Do we have a second on the item? Vice Mayor Plummer: I'll withdraw my motion. Commissioner Alonso: Yes, yes. ,t Mayor Suarez: Seconded, Commissioner Alonso. Commissioner Dawkins: Under discussion. Mayor Suarez: Yes, Commissioner Dawkins. 42 October 24, 1991 i Commissioner Dawkins: Mr. Carlos, what is this again? Mr. Carlos Garcia: Commissioner, this is the second reading of an item that we took at the Knight Center last time. It is to do certain amendments to the budget for last year that are required, and it is to cover certain expenditures that were not appropriated for at the beginning of the year. Commissioner Dawkins: In accounting, you call this balancing the budget, adjusting the budget, rebalancing... Mr. Garcia: It is balancing the budget, yes, sir. Commissioner Dawkins: Sir? Mr. Garcia: Yes, it is balancing the budget. Commissioner Dawkins: So if you're balancing this budget... Vice Mayor Plummer: Which budget? Commissioner Dawkins: ...then you did not have a balanced budget all of the year in 191, or did you not? Mr. Garcia: No, what happened is it was balanced at the beginning of the year, but certain events occurred during the year that created these imbalances. The situations like overtime in the Police Department and additional rent for the Legal Department and items like that. Commissioner Dawkins: OK. It says that budgetary adjustments, delinquent taxes. That means that we took in three point three and -a -half million dollars in delinquent taxes? Mr. Garcia: Yes, sir. Commissioner Dawkins: And that means that you had two million dollars of community development funds that were not spent? Mr. Garcia: That were trafficked to the general fund for that purpose. Commissioner Dawkins: Sir? Mr. Garcia: Those, they were spent. Those two million dollars were spent in the general fund as indirect cost. Those services of the general fund provides to community development. Commissioner Dawkins: OK, well... indirect costs apply to community development grant. OK, on one line you say we got three point three million dollars. And you say we collected that. Is that correct? Mr. Garcia: Yes, sir. Commissioner Dawkins: Then on the next line you say, "...community development grant revenue two million," you're saying that that's two million that we spent or two million that we... 43 October 24, 1991 L. �y Mr. Garcia: We collected that from community development. Commissioner Dawkins: All right, so that's five million... Mr. Garcia: Right. Vice Mayor Plummer: It's called robbing Peter to pay Paul. Commissioner Dawkins: And the revenue bonds we get another three-quarters of a million. Mr. Garcia: Yes, sir. Commissioner Dawkins: And utility tax, we get another million. Which means we come up with seven point four million dollars, right? Mr. Garcia: Approximately, yes, sir. Commissioner Dawkins: Approximately. And you're taking this 7.4 million dollars and adjusting the budget from last year. Mr. Garcia: Yes, sir. Commissioner Dawkins: Now, where does it come in, into play, that you sold "X" number of tax anticipated notes with which to do some of these things? Now where does that play a part in this? Mr. Garcia: It doesn't play any part in this, Commissioner. Commissioner Dawkins: It does not? Mr. Garcia: No, sir. Commissioner Dawkins: Then when you told me that the City was broke and it did not have any money and that it had to sell these tax anticipated notes or go broke, you had 7.4 million dollars. Is that a correct statement? Mr. Garcia: No, sir. These funds... Commissioner Dawkins: All right, well where... well, explain it to me. Mr. Garcia: Yes, these funds are for last year, for fiscal year 191. When I talked to you about the tax anticipation notes, it was... Commissioner Dawkins: All right, well the City being broke, we haven't spent any money at all in fiscal year 191-92. So you couldn't be telling me we were broke for 191-92 when we hadn't spent any money. You would have to be telling me we were broke for fiscal year 190-91. Now, if I'm... Mr. Garcia: No, sir. Commissioner Dawkins: Or else show me where I'm wrong. 44 October 24, 1991 x t ' Mr. Garcia: No, sir, I never used the word being broke. What I told you is that we needed the cash to continue the City's operation for October and November because the majority of City taxes are collected in December. Therefore, there is a cash flow shortfall in October and November of about 20 million dollars. And that's why we needed to sell the notes. Commissioner Dawkins: But you had 7.4 million dollars. Mr. Garcia: Yes, sir, but those monies were to be appropriated for last year and they've been spent already. Commissioner Dawkins: They've been spent already. Mr. Garcia: In 191, yes, sir. Commissioner Dawkins: So what are you doing... well, what are we doing today then if you spent them already in 191? Mr. Garcia: Well, this is the City Commission action that is necessary, as I say. It was already passed on first reading at the last meeting, and it needs a second reading at this point. If you look at the various departments, you can see that the Police Department spent over three million dollars more than they had budgeted and the Fire Department spent a million three more than budgeted and so forth. All those monies have been already spent as part of last year's budget. Commissioner Dawkins: OK, in fiscal year 190-91, from where you found this 7.4 million dollars, what else is in there? Mr. Garcia: I'm sorry. What is this... Commissioner Dawkins: In the fiscal year 190-91 budget, you found 7.4 million dollars to go around and pay bills and pay other bills. What other money did you find in the budget? Mr. Garcia: Well, the budget has in excess of $200,000,000. So if that's what you are referring to, this 7 million dollars are going to increase the budget for the general fund to the total of 2.19 million dollars. But prior to that, there are $213,000,000. Commissioner Dawkins: So what are you paying now with the tax an... have you received the tax anticipated notes? Mr. Garcia: Yes, sir, we have. Commissioner Dawkins: You got the money. Mr. Garcia: Yes, sir, it's in... Commissioner Dawkins: When did you get the money? Mr. Garcia: On the loth of this month, October 10th. Commissioner Dawkins: What did you pay with it? 45 October 24, 1991 A4k Mr. Garcia: We had to make pension contributions. We had to pay salaries, we had to pay... Commissioner Dawkins: What pension contributions did you make and how much? Mr. Garcia: October 1st, we pay approximately $5 million dollars in pension contributions. Commissioner Dawkins: A hundred and twenty-five million? Mr. Garcia: Five million. On October 1st, we had to transfer $5 million dollars to the pension funds. Commissioner Dawkins: OK. And when do you make the next payment to the pension fund? Mr. Garcia: Well, we don't have to make any more payments until January 1st, at this point, to the pension funds. Commissioner Dawkins: All right. Mr. Garcia: But we have other payments, like we have $7 million dollars on October 1st. Commissioner Dawkins: On January... Mr. Garcia: I'm sorry... Commissioner Dawkins: On January 1, where will you get the $5 million dollars from to pay the pension fund? Mr. Garcia: The taxes we are collecting at this point, and will be collecting in December. Commissioner Dawkins: I thought you had to take the taxes that you collected to pay for the tax anticipated notes. Mr. Garcia: No, sir, we collected about $100 million dollars in taxes, and the tax anticipation notes are only $20 million dollars. Commissioner Dawkins: Wait, now, see... you see, I'm getting confused so slow down with me, and unconfuse me. OK? The reason we sold the tax anticipated notes, sir, was because we did not have any money. So, therefore, we sold those notes to get money. Is that correct? Mr. Garcia: Well, we had some money, but not sufficient monies to pay... Commissioner Dawkins: But you told me you... go get the minutes, you told me you were broke. Mr. Garcia: Sir, I never said that. Commissioner Dawkins: You told me you were broke. 46 October 24, 1991 Mr. Odio: I said.. no... Commissioner Dawkins: And you had... Mr. Odio: Well let me, let me... Commissioner Alonso: Well, yes, indeed, the Commissioner is right. told we could not function for a week. Commissioner Dawkins: Well, you didn't... We were Mr. Odio: No, wait, wait, I did it. I said that we did not have enough cash flow to cover the expenses we had. Commissioner Dawkins: No, no, no. No, no, no, Mr. Manager, you said you were broke. And I asked you a second time. You said yes. Mr. Odio: Did I? Well... technically, we were. If you don't have any cash, you cannot pay. Commissioner Dawkins: Well, how do you have more money, extra money, what he's talking about, Mr. Manager? Mr. Odio: Well, let me see if I can explain it. Commissioner Dawkins: Yes, please do. Mr. Odio: We have tax bills that go out October 1st. We do not receive the money until late November -December. We had expenses to be paid October that we did not have enough cash to pay them. That's why we had to sell the notes. We had to pay $5 million dollars the first day. We had $7 million dollars of payroll coming up. Commissioner Dawkins: Hold it, hold it, wait a minute, slow down. Five million... Mr. Odio: Let me have it, let me have the list. Commissioner Dawkins: ...what else? What else you had to pay? Mr. Odio: I'll put it on the record. We had to pay the $5 million dollars, five million eight hundred and thirty-three thousand dollars ($5,833,000) to be exact, on pension plus another 6.980, six million, nine hundred and eighty thousand dollars of payroll payment. Commissioner Dawkins: OK. Mr. Odio: Besides that, we had a total of other bills that had to be paid that added up to a total of $19,825,933, something like that. Commissioner Dawkins: OK. And how many tax anticipated notes did you sell? Mr. Odio: We sold $20 million dollars. 47 October 24, 1991 Commissioner Dawkins: Now much? Mr. Odio: Twenty. Commissioner Dawkins: You sold $20 million. Mr. Odio: Twenty million. Now, when we receive the $100 million dollars or so in cash that we will be receiving, you pay off the ten notes, we make money on it. We make about a hundred and some thousand dollars of profit. Commissioner Dawkins: So you're going to pay off twenty million when you get a hundred million... you got $80 million dollars left. Mr. Odio: That's right. So we have plenty of cash for that period. Commissioner Dawkins: All right, what are you going to do with the $80 million dollars? Mr. Odio: That's part of the budget. That's your... Commissioner Dawkins: Beg your pardon? Mr. Odio: That's part of your budget. Commissioner Dawkins: No, no. OK, I understand the budget. But I also know there are line items in the budget. What line items are you going to put the money in in the budget? Mr. Odio: You don't put the cash in the line items, Commissioner. You put the cash in the bank, and as we have to cover expenses from each line item, you draw from the bank accounts. Commissioner Dawkins: So what you're telling me is, you have presented me a budget where the numbers are balanced and there is no money. Mr. Odio: I didn't say that. Commissioner Dawkins: You say you don't put the money in the budget. Mr. Odio: No, no, you don't... the budget is not a cash document. Commissioner Dawkins: Beg your pardon? Mr. Odio: The budget is not a cash document. Cash flow... Commissioner Dawkins: The bud... no, wait a minute, hold it now. Commissioner Alonso: But it reflects the cash. Mr. Odio: No, it does not, Commissioner. Commissioner Alonso: It reflects everything. 48 October 24, 1991 K Commissioner Dawkins: Hold it. The budget... Mr. Odin: That's not what I learned in 101. Commissioner Dawkins: The budget is the methodology for expending the tax dollars you collected. Mayor Suarez: Which are... Commissioner Dawkins: Is that correct, or wrong? Mayor Suarez: Which are cash. So, let's agree on that. Mr. Garcia: Yes. Mayor Suarez: Don't make it sound like cash is not a factor here, Mr. Manager, because it... then we're all really going to get confused. Vice Mayor Plummer: That is not... Mayor Suarez: By the way, when you say sell notes, I have a suggestion, Carlos. Don't say, sell notes. People think that you're selling something. You're not selling a damn thing. You're borrowing money against the future taxes the City is going to receive, folks. That's what we're doing. Vice Mayor Plummer: Anticipated. Mayor Suarez: You sell notes sounds to people like we're selling something. We have nothing to sell. We are borrowing money. We pay less interest on it. Then when we get out of it, figure out how the federal government lets us get away with that. And then we ultimately get approximately $100,000,000 beginning in November. January and February we're cash rich for about three months, and then we begin to use it up again. Commissioner Dawkins: In other words, those of you sitting in the audience, what they're saying is, we take our Mastercharge and we go and say... Mayor Suarez: That's right. Commissioner Dawkins: ...that we got 3 "X" dollars coming on the 4th of the month. Give me the 3 "X" dollars. Mayor Suarez: That's right. Commissioner Dawkins: On the first of the month, they go spend the 3... pay the 3 "X" and they ain't got nothing else to pay the other months. That's what they're saying. Mayor Suarez: And when we get our Mastercharge statement back, instead of them charging us interest, the net effect of the transactions, we get a little bit of money. Believe it or not. Mr. Odio: We make a profit, right. 49 October 24, 1991 Vice Mayor Plummer: But never leave home without it. Commissioner Dawkins: No, you just don't pay no interest on your Mastercharge. You don't make nothing. Mayor Suarez: Yes, but don't bank on us now, based on this particular transaction. All right, anything further on this item? Commissioner Alonso: Yes. I think that... Mayor Suarez: And I'm sorry... Commissioner Alonso, Mr. Goldfarb was absent during some of this cash flow discussion. It is our hope that the Miami Herald will be very attentive so that we don't get some kind of a strange headline that we get sometimes from reporters who are not particularly educated in financing. Yes. And, of course, he's got the Yale background which we know now after hearing all the Congressional hearings, that's where you have to go. Vice Mayor Plummer: Was he harassed? Commissioner Alonso: Yes, I need... please don't go into that. Mayor Suarez: I'm sorry to have even brought the subject of the hearings. Commissioner Alonso: Yes, I have some questions. The budget that we approved last year was lower than the total amount that we've completed the year. It was about what? -six million difference. Mr. Garcia: Six million dollars, right. Commissioner Alonso: Where did the money come from? Mr. Garcia: Additional monies? Commissioner Alonso: Yes, that we were able to have a budget six million higher than we anticipated. Mr. Garcia: These are the monies that we have in this ordinance, Commissioner. These are the monies that Commissioner Alonso is going through right now. Commissioner Alonso: Yes, let me ask my questions and maybe you can give me a total picture of the situation. These are budgetary adjustments. Mr. Garcia: That is right. Commissioner Alonso: It's very strange to me to see that we do all of them very conveniently at the end of the year. I could understand if we were doing the budgetary adjustments through the year, taking into account all the things _ that are taking place and being reflected in our budget. What seems to me that is highly unusual, and I am very concerned with it, is that we wait until the end of the year in a very perfect way, we balance the budget. And we do all the budgetary adjustments at the end of the year. Is this a customary process? Is this right for the City of Miami? Maybe yes. But is it proper? 50 October 24, 1991 Is it right? In my opinion, it's very wrong to do it this way. And also it gives a reflection to the general public as well as to us that something is basically wrong, and that we are trying to cover things in the way that we do business in the City of Miami. Both accounts are very dangerous. Could you give me an explanation that will satisfy me in my concerns that very conveniently we do it at the end in a magic way. We found the money, and very conveniently we say that we had a balanced budget. Would you explain that to me? Mr. Odio: I will. The budget is a projection. Commissioner Alonso: Could you let him explain and then you do it your way too? Please, Carlos. Mr. Odio: Well, OK. I give you permission to answer. Mr. Garcia: The question for you, Commissioner, should be posed... Commissioner Alonso: Yes, let Carlos first and then... Mr. Garcia: I think the question really should be posed to the Budget Director, who I am not. But I, you know... what we're doing is not... Commissioner Alonso: He will be able to give me magic answers. His voodoo economics is something that I admire and respect. Mr. Garcia: Well, but really he's the person that is in charge of that, so I cannot really answer on his behalf. What we're doing is not wrong. There is a better way of doing it, and I think you're right that we should do it on a quarterly basis and I think the Manager has made a commitment to everyone, to the City Commission, that this year is going to be done on a quarterly basis, and that's the way it should be done. That's the preferable way of doing it. Commissioner Alonso: Because it gives, if nothing else, the perception that something is very wrong. Mr. Odio: Commissioner, I need to... Commissioner Alonso: At the end of the year, we had a budget and we thought that we approved a budget that was six million less. We all did. We had the impression that that was going to be our budget. Then at the end of the year, without any indication that we were going to go six million higher than anticipated, we find the money. When we approved the budget, we were told, this is all that we are going to have, this all that you will be able to spend, this is all that we are going to have. I recalled last year, three hundred people will have to be laid off. We don't have any money to do this. This social program has to go. We don't have rioney for this, we don't have money for that. Then in a magic way, we found six million dollars. Mr. Odio: Which is the last time by the way, yfw're going to find it, and I mean that. And whether you want to believe it cr not Commissioner, it's your decision to make. I am going to tell you this, you don't know what we had to go through to balance last year's budget. 51 October 24, 1991 _ I�IIi J78Ni Commissioner Alonso: I know. Mr. Odio: No. You don't know what we had to do and how many nights we had to go through accounts to see if we could find six million dollars here. And it's not a magic wand, it's a lot of work, and a lot of people that had to suffer a lot of nights working through this to balance this year's budget. Commissioner Alonso: You found six million Mr. City Manager. Mr. Odio: Yes. And it's the last time I am telling you that can be found. And now, let me tell you something else, Commissioner, a budget is a projection... Commissioner Alonso: Oh, don't we know. Mr. Odio: ... and nobody here is a magician, that I know of, or can know what's going to happen in the future. We did not know when we balanced last year's budget that we would have two riots. We did not know when we approved... when you approved the budget in September, that you would have a riot in Little Haiti, and that it cost a lot of money. That i s not in the budget. Now, where is that money going to come from, we have to begin to adjust now. That's what is going to happen. Commissioner Alonso: May I give you a suggestion? Mr. Odio: Yes. Commissioner Alonso: Knowing the history of Miami, you have to have some money for emergency. Mr. Odio: That's right. Commissioner Alonso: And to plan, that yes, indeed, it could take place. And you are not preparing the right budget if you don't take that into account. Mr. Odio: That's why now that we know... Commissioner Alonso: Then, may I ask you one question? Mr. Odio: OK. Commissioner Alonso: What kind of guarantees do we have that the budget presented for this year is a budget that reflects the reality or close to reality world that we can get in the future? And maybe, at the end of the year we find ourself with short, ten million, and you tell me you are not going to be a magician anymore. Where is the money going to come from? Mr. Odio: Let me tell you what I see for this budget that we are in now. It's a solid budget, it's as real as you can make it happen, that's why we increased the Police Department to where we increased it to make sure that the overtime that they have now for three ran over, that it's not run over this year, but I can't predict the future. We do have very small reserves in the City right now. 52 October 24, 1991 Commissioner Dawkins: OK. Thank you. That's what I wanted to hear. See, I have a problem with you saying you found money. You didn't find any money, you budget a reserve luckily, and because you budgeted the reserve, you were able to cover the emergencies that occurred. Don't say that you found money, because we didn't find no money. Mr. Odio: Well, I didn't say that I found. I said that we went through a lot of many hours to look through this budget and every account that we had to make transfers, to make sure we got the CDBG (Community Development Block Grant) funds in place, and to make sure that, thank God - let me tell you Commissioners, thank God that the Omni Tax Increment District did not go through, so that we could take back a hundred thousand dollars ($100,000). Commissioner Alonso: Well, on page three, I see... Mayor Suarez: All right, sometimes it's important to know when to be quiet. Yes, Commissioner Alonso. Commissioner Alonso: ... that it seems to be that it's almost that he found money because these numbers came from somewhere. Mr. Odio: We found eight hundred thousand dollars ($800,000) - if that's the word you want to use Commissioner, we had eight hundred thousand dollars in an account called the "Tax Increment District Trust Fund for the Omni." Yes, we had eight hundred thousand dollars in that account. Vice Mayor Plummer: But wait a minute. Commissioner Alonso: That you have used. Mr. Odio: Budgeted, that we have now used, now. Commissioner Dawkins: Thank you, it was budgeted. You didn't find it, it was budgeted. Mr. Odio: You are using that now. Vice Mayor Plummer: How can you use that? Vice Mayor Plummer: Because there is no Tax Increment District, the County took its money back and we took ours back. It wis a... Vice Mayor Plummer: Are you telling me then the million six that we had allocated over a two year period is now back in our budget? Mr. Odio: The County, last year it took the first part and you took in the second part now, because the County never created the fund, and they took their money back and we took ours back. Vice Mayor Plummer: Are the Omni people aware of that? Mr. Odio: Yes, they know this. We don't have a Tax Increment District. We do not have one. And not of our doing but the County's doing, because we signed the interlocal agreement. 53 October 24, 1991 Vice Mayor Plummer: Are you sure the Omni people are very much aware of that? Mr. Odio: Yes. Vice Mayor Plummer: I'm not. Mayor Suarez: Well, be sure because they may not be that... know that it once again not been funded in last year. Vice Mayor Plummer: I'll tell them the day after election, don't tell them before. Mayor Suarez: All right, on item four. Vice Mayor Plummer: 1 moved it. Mayor Suarez: Moved. Has it been seconded? Mr. Manuel Gonzalez-Goenaga: No. Mayor Suarez: Yes, it has been. Mr. Gonzalez-Goenaga, sir. Mr. Gonzalez-Goenaga: Could I be recognized? Mayor Suarez: I just did. Mr. Gonzalez-Goenaga: For how long? Mayor Suarez: Two minutes. Mr. Gonzalez-Goenaga: Well, in two minutes I can only say to this community that what have not been said here and what they try to hide is that the problem with the budget is the giving away to agencies, and to "cifarras," and a lot of activities that are not needed for the City of Miami, and don't benefit the owners of the City of Miami, which is the community, not them. What is not being said here is that the civil disturbance of the Haitian civil disturbance was in 1991 after this budget problem. The civil disturbance was... Vice Mayor Plummer: That's not correct. Mr. Gonzalez-Goenaga: Am I right or wrong, Mr... Vice Mayor Plummer: No, you're wrong. It was the day before. Mr. Gonzalez-Goenaga: Well, I... Mr. Odio: No, the... excuse me. j Mr. Gonzalez-Goenaga: Or, the Puerto Rican disturbance. Mr. Odio: No, no. The Wynwood disturbance was last year. 54 October 24, 1991 x4 Mr. Gonzalez-Goenaga: Oh. Vice Mayor Plummer: He said the Haitian. Mr, Odio: In March. Mr, Gonzalez-Goenaga: Yes, but the Haitian disturbance... Mr. Odio: The Haitian happened right after the budget was approved in October. Vice Mayor Plummer: No, sir. You are wrong. Mr. Odio: No, sir. Commissioner Alonso: The day before. Vice Mayor Plummer: It was approved... yes, it happened after it was approved... Mr. Odio: Right. Vice Mayor Plummer: ... but it happened the day before it took effect at midnight. Mr. Odio: Right. Right in between. Vice Mayor Plummer: Because I saw you have heart failure at 12:01 a.m. Mr. Odio: Yes, we... Commissioner Dawkins: No, cardiac arrest, it didn't fail, it just arrested. It didn't fail, Mr... Mr. Odio: The first night was in last year's budget, then the other two days or three days was in this year. Vice Mayor Plummer: He had a cardiac arrest of the wallet. Mr. Gonzalez-Goenaga: Well, I understand that when money is found is, in my language, is either it is that it was lost and it was found, or it was stolen and it was found. Which way we are we dealing here? I see also salary increases that has not been mentioned to the citizens. Salary increases in a time when the situation is so bad, when the Commissioners of Coral Gables cut their own salaries, when I refer these Commissioners to my previous states, what I did say that banks, that the cities like trees start to decay from the top down. I did say that to balance this budget, what was needed was a cut in salary of those administrators, bureaucracy, from the top down. And this is what is being done, that because you have to give the example. But what happens, and I see the red light because it's no good that I talk here so to explain to this community the problem with this City of Miami Commissioners who is run by a triumvirate, and for me, it's a way of totalitarianism. Fidel Castro, we have it in Cuba, but here in the City of Miami, we have three Commissioners who are totalitarians. So, we better change and take the 55 October 24, 1991 example of a rich City, who is the City of Coral Gables. And I want to have this on the record that appear today. Commissioner Dawkins: OK, name the three Commissioners for one, you were referring to. Mr. Gonzalez-Goenaga: The Alcatde, Mayor Suarez. Commissioner Dawkins: SI. Mr. Gonzalez-Goenaga: The last of the Mohicans, Mr. De Yurre, and I am not so sure about you, Mr. Dawkins, because you are unpredictable. But I am going to... Vice Mayor Plummer: He is what? Commissioner Alonso: Unpredictable. Commissioner Dawkins: Thank you. Mr. Gonzalez-Goenaga: ... as the days go by, I will learn more from you, don't worry. Give me more chance. Commissioner Dawkins: OK, you gave me the three names, thank you. Mayor Suarez: All right, the City of Miami is now run by... Mr. Gonzalez-Goenaga: Could I finish this? Mayor Suarez: I thought you had. Mr. Gonzalez-Goenaga: No, because what is not being shown here, and I would like to question... Vice Mayor Plummer: Who is the third? Mr. Gonzalez-Goenaga: ... is the independent public accountants who are the ones, because of general accounting principles, they are asking for some adjustments. I would like to question an independent public accountant. Here you have a conflict of interest. Why... who are one of the big "As" or whatever, who are the independent public accountants of the City of Miami? - the citizens of Miami. Vice Mayor Plummer: Detroit and Sells are the in... Mr. Odio: Delloitte & Touche. Mr. Gonzalez-Goenaga: How come they are not present here to be questioned by you who represent the citizens of Miami? Vice Mayor Plummer: They are. They are at the time that they present their findings of the audit, they are present. 56 October 24, 1991 n Mr. Gonzalez-Goenaga: Well, I continue for one more minute, please, because this is extremely important. The giveaways, I did say once that the day of reckoning was going to come, and this whole thing is continuing. But, I am now... I have always spoken about accountability, and now I am asking you, has the surplus equipment that we gave to the Republic of Haiti used to oppress the people for the "coup d'etat?" Mayor Suarez: We surely have... Mr. Gonzalez-Goenaga: Why have been done here? Why don't restrain the donations of surplus equipment? Mayor Suarez: We certainly hope not. I think it was almost all related to Solid Waste collection, and I can't imagine that... Commissioner Dawkins: Trash collect. Mr. Gonzalez-Goenaga: I'd love to have one of those trucks to protect me during this campaign. Mayor Suarez: Well, I don't have any indications, having spoken to many people in the State Department that any of our Solid Waste trucks were used in the Coup. Mr. Gonzalez-Goenaga: Well, I would like to have a... Mayor Suarez: But thank you anyhow, for your concern. Mr. Gonzalez-Goenaga, we have to move on to another item. Mr. Gonzalez-Goenaga: A valid concern, Mayor. Mayor Suarez: All right, sir. Vice Mayor Plummer: May I state for the record... Mayor Suarez: Yes. Vice Mayor Plummer: ... that if I took a salary cut, I would have to pay the City for being here. Commissioner Alonso: That's right. Mayor Suarez: Yes, I can't imagine... Vice Mayor Plummer: It's sixty-four cents an hour. Mr. Gonzalez-Goenaga: I am talking about, from Cesar Odio down. Vice Mayor Plummer: Oh, OK, all right. Mayor Suarez: Item 7. Bylaws of the Commission on the Status of Women. Ms. Matty Hirai: Mr. Mayor, we haven't read the ordinance. 57 October 24, 1991 Mr. Jones: No, you didn't... item 4, Mr. Mayor, you need to read the ordinance. Commissioner Alonso: Well, we have to vote on... Ms. Hirai: We have to read the ordinance. Vice Mayor Plummer: Well read it. Commissioner Dawkins: Ma'am, you've got a problem? Mayor Suarez: Yes, I'm sorry, call the roll on the item, or read the ordinance if you have to read it first. Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING SECTIONS 1, 2, AND 6 OF ORDINANCE NO. 10794, THE ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 1991, ADOPTED SEPTEMBER 27, 1990, AS AMENDED, FOR THE PURPOSE OF IMPLEMENTING BUDGETARY ADJUSTMENTS TO COMPLY WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES AS OUTLINED BY THE CITY'S EXTERNAL AUDITORS; CONTAINING A REPEALER PROVISION APED A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of October 3, 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 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. 10930. 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. 58 October 24, 1991 ------`----- Y---i------------------------------------------------------------- (A) AMEND BYLAWS OF THE COMMISSION ON THE STATUS OF WOMEN (CSW) - ELIMINATE AUGUST MEETING AND LOWER QUORUM REQUIREMENTS. (B) VICE MAYOR PLUMMER REQUESTS THAT INTERNATIONAL TRADE BOARD QUORUM REQUIREMENT ALSO BE LOWERED. Mayor Suarez: Item 7, Commission on the Status of Women. Vice Mayor Plummer: Move it. Mayor Suarez: Moved. Commissioner Alonso: Second. Mayor Suarez: Any discussion? If not, please call the roll. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 91-764 A RESOLUTION AMENDING ARTICLE IX OF THE BYLAWS OF THE COMMISSION ON THE STATUS OF WOMEN (CSW), TO ELIMINATE THE REQUIREMENT FOR A MEETING DURING THE MONTH OF AUGUST AND TO AMEND THE REQUIREMENTS WHICH CONSTITUTE A QUORUM FOR CSW MEETINGS. (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. Vice Mayor Plummer: Mr. mayor, I'd ask at this time that the City Attorney be instructed to prepare a resolution, the same as this one for the ITB, making a quorum at a total number of seven. I would ask that that be considered, please. Mayor Suarez: Right. 59 October 24, 1991 Vice Mayor Plummer: Thank you. Mayor Suarez: Thank you, anything further? We've got your latest memorandum which I have replied to, and coincidentally, today. Ms. Nikki Beare: Thank you very much. ------------------------------------------------------------------------------ 9. GRANT REQUEST BY WORLD WOMEN'S CONGRESS FOR A HEALTHY PLANET FOR WAIVER OF RENTAL FEES FOR JAMES L. KNIGHT CENTER CONCERNING THEIR UPCOMING CONGRESS. Ms. Nikki Beare: We are also on item 13, if it's possible. Mayor Suarez: All right. You want to go ahead and take that very quickly? Ms. Beare: Yes. Mayor Suarez: As long as you are up at the mike and I know you are not doing this for any compensation, so. Ms. Beare: No, sir. I am not doing this for compensation. I am spending twenty-two... Mayor Suarez: Can we, Nikki, knowing that your request happens to come in slightly under the discretionary amount of the Manager, refer you to the Manager? I think that this Commission would have a great deal of interest in this conference taking place for every possible reason in the world. You have told me today of great participation from throughout the world and... Ms. Beare: And a hundred and forty-seven women from Africa. Vice Mayor Plummer: What's the recommendation of the Manager on 13? Mayor Suarez: Mr. Manager, on item 13, do you have any views on it that you want us to...? Mr. Odio: Well, I have told my friend here that as long as there wasn't any money involved, I'd be glad to talk to her, because we have no monies in the budget figured for this event. Ms. Beare: Well basically, what we are asking for is the Knight Center. In the trust, it says that they can't waive the fees. Vice Mayor Plummer: Yes, we can't. Ms. Beare: And what we are asking to do is to just transfer... Vice Mayor Plummer: How much is it? October 24, 1991 41. Ms. Beare: What's four thousand for the fees and four hundred for the electricity. We've already paid thirty... Mayor Suarez: Yes, it is one of those situations where you have a waiver in a sense. The money goes from one hand to the other. We do want to sponsor this activity, I would think, under the aegis of the Status of Women although it hasn't yet, Commission House of Women hasn't yet approved it formally, has it? Ms. Beare: Well, they will at their next meeting. Between now and then. Commissioner Alonso: So in fact, the money is coming back to us, so I don't see any problem. Ms. Beare: Yes, it's like from one hand to the other, really. Commissioner Alonso: Of course. Vice Mayor Plummer: Move it. Mayor Suarez: We had to do that formally for every time that we take use of the Knight Center. Vice Mayor Plummer: Move it, it's a City activity. Move it. Commissioner Alonso: Yes, second, yes. Mayor Suarez: That's a City activity. So moved and second. Any discussion? If not, please call the roll. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 91-765 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $4,400 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN SUPPORT OF THE WORLD WOMEN'S CONGRESS FOR A HEALTHY PLANET SPONSORED BY THE WOMEN'S ENVIRONMENT AND DEVELOPMENT ORGANIZATION TO BE HELD IN THE MIAMI CONVENTION CENTER ON NOVEMBER 8-11, 1991; CONDITIONING SAID ALLOCATION UPON COMPLIANCE WITH ANY CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: 61 October 24, 1991 r 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 see... well, the Mayor... Vice Mayor Plummer: Go ahead, Miller, be against womanhood. Commissioner Dawkins: Yes, the Mayor is bringing the welcome, I vote yes. Vice Mayor Plummer: The Mayor is bringing in the welcome, I don't know, what about the rest of us? What are we saying? Mayor Suarez: I yield the welcoming to my... Ms. Beare: You are all welcome to welcome. Mayor Suarez: ... esteemed Vice Mayor. Vice Mayor Plummer: Are we saying the good-byes? Ms. Beare: Yes, you can do that too. Vice Mayor Plummer: I vote yes. Mayor Suarez: But to do it together with... Commissioner Dawkins: No, he never would get through it. Mayor Suarez: He might never finish the welcome, says Commissioner Dawkins. Ms. Beare: Thank you, very much. We appreciate it. 62 October 24, 1991 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 see... well, the Mayor... Vice Mayor Plummer: Go ahead, Miller, be against womanhood. Commissioner Dawkins: Yes, the Mayor is bringing the welcome, I vote yes. Vice Mayor Plummer: The Mayor is bringing in the welcome, I don't know, what about the rest of us? What are we saying? Mayor Suarez: I yield the welcoming to my... Ms. Beare: You are all welcome to welcome. Mayor Suarez: ... esteemed Vice Mayor. Vice Mayor Plummer: Are we saying the good-byes? Ms. Beare: Yes, you can do that too. Vice Mayor Plummer: I vote yes. Mayor Suarez: But to do it together with... Commissioner Dawkins: No, he never would get through it. Mayor Suarez: He might never finish the welcome, says Commissioner Dawkins. Ms. Beare: Thank you, very much. We appreciate it. 62 October 24, 1991 ---�.....----_---------------------------------------------------------------- 10. (A) AUTHORIZE MANAGER TO EXECUTE A REVOCABLE PERMIT TO BETTER WAY, INC. FOR USE OF BECKHAM HALL - FOR OPERATION OF A SHELTER FOR THE HOMELESS, AND OTHER ANCILLARY SERVICES. (B) BRIEF COMMENTS BY VICE MAYOR PLUMMER CONCERNING POSSIBLE ACQUISITION IN ANOTHER AVAILABLE BUILDING TO SHELTER THE HOMELESS. ------------------------------------------------------------------------------ Mayor Suarez: Item 8, revocable permit, Better Way. Vice Mayor Plummer: I move 8. No, wait a minute, let's have an understanding on B. You're asking us for the use of this on a one year basis for one dollar? Is that correct? Mr. Manuel Alonso Poch: That's correct. Vice Mayor Plummer: Is that all you're asking for? Mr. Poch: That's all we are asking for. Commissioner Alonso: That is fine, yes. Vice Mayor Plummer: You're not asking us to make any repairs, or bring it up to code? If it needs be, you will do such. Mr. Poch: That's correct. And we will acknowledge to you that any repairs that we undertake in order to make the facilities habitable will be at our own risk and will be made under our cost and expense. Commissioner De Yurre: Two concerns, Mr. Mayor. Mayor Suarez: I'm sorry? Commissioner De Yurre: I have two concerns. Commissioner Dawkins: I've got one, after he is finished. Mayor Suarez: Can I, if I may for a second, before Commissioner De Yurre. Would you identify all of the people who are here on behalf of this item? Would you raise your hand? - You stood up, I gaess all of you, right? All right, very good. Mr. Poch: That's correct. For the record... Mayor Suarez: Commissioner De Yurre then, and then Commission Dawkins. Mr. Poch: Manuel Alonso Poch, 2100 Ponce de Leon Boulevard, Coral Gables, Florida, on behalf on Better Way Inc., and if all of you would... i Mr. Duke McBride: Commissioners, Mr. Mayor, Due McBride, 200 SW 25th Road. I am a voluntary member of the board of director: at Better Way. 63 October 24, 1991 } Ms. Beth Lang: Hi, I am Beth Lang, I am executive director of Better Way, at 229 NB 24th Street. Many of these folks represented here today are staff members and we have several of our senior clients with us. Do you want them named, in person? Mayor Suarez: No, no, no, just to know. Ms. Lang: OK. Mayor Suarez: All right, Commissioner De Yurre. Commissioner De Yurre: Yes, two concerns, Mr. Mayor. Firstly, I received a call from Mariano Cruz yesterday saying that the neighbors weren't aware that this was going down today. And I am fully in support of what we are dealing with here today but I am also in support of making sure that the neighbors that are going to be impacted one way or another, have an opportunity to be on notice and to address the issue. So, he said that he couldn't be here, he was working, he couldn't get off on such short notice and certainly, the neighbors weren't in a position to come down here today at this hour to deal with the issue and discuss it intelligently. And he asked me to move for a deferral so that they could organize and come and speak before this Commission and state their position. - firstly. Secondly, I am in receipt of an interoffice memo from Pablo Canton, assistant director, and enforcement official Planning, Building & Zoning Department directed to Alberto Armada, manager, Property Lease Management, with reference to Beckham Hall. This memo addresses the issue of repairs that need to be made to the facility to come within code - within code, not to fix it up and spruce it up but just come within code, and I am looking at figures of a hundred -and -fifty thousand, figures of twenty- five thousand, figures of a hundred -and -seventy thousand. I have great concern over this memo. I have great concern of putting individuals in a facility that is in this situation physically. Are we in a position, the City of Miami, to allow properties that we are in control of to violate code, and then we request other people to come within code that are not part of the City? I mean like, I need to address this issue as to what the situation is with the physical status of the property. I cer'ainly wouldn't want anyone to be in that building and get electrocuted, and there are electrical issues here that need to be addressed, or anything other that would put their lives at stake or in danger in any way, fashion or form. So... Mr. Poch: If I may address those two issues, Cormissioner De Yurre. Commissioner De Yurre: I want to hear from Alberto Armada. Mr. Poch: OK. Mayor Suarez: Mr. Armada. Mr. Alberto Armada: Commissioner, if I can, let me tell you about that memorandum that you have before you that Mr. Canton signed off to me. I took a number of employees of the City of Miami in different capacities to have a full inspection of that building, OK? - a complete inspection of the building. What you see there reported is what would be req)ired, OK? - to put the entire building, bring it up to code and some things that are not necessarily to be 64 October 24, 1991 brought up to code, OK? - because I had subsequent conversations with Pablo _ Canton about that. But it is in fact an issue that there is at least one entire wing of this building which is probably the worst wing of this - building, OK? - which cannot be used at this point, which is closed up at this point, which they are not going to open up at all. They don't need to occupy that facility whatsoever, that it wasn't occupied by the State of Florida - prior to them relinquishing the property. So consequently, you must understand that that memorandum that was written by Pablo Canton included an entire overview of the building, the entire forty thousand plus square feet, OK? - and it certainly included this one wing which is in the worst state - possible, OK? Subsequent to that memorandum, OK? - there were conversations with Mr. Pablo Canton about the question of the improvements and in fact, the specific question was asked, whether it required all of these expenditures in order to bring it up to code, and the answer was "no." OK? There are things which he refers to here that have to do, for example, with replacement of windows that are not necessarily to be brought up to code. And certainly, what they are going to be doing, OK? - and they do need some improvements in the building, and I'm going to talk to you about that in a second, what they are going to be doing is solely to what is called I guess, the east wing of the property, that is the one that the State of Florida did occupy until you know, it relinquished possession of the property, and that is where they housed as many as a hundred inmates in there. That according to their, you know, the... Beth Lang, the executive director for Better Way, they are going to have to spend, in order to bring that building up to code, approximately thirteen thousand four hundred and fifty dollars ($13,450). Commissioner De Yurre: Do you agree with that figure? Mr. Armada: Well, let me tell you, I think that that is a figure that they are going to have to spend "out of pocket." I think they are going to have to spend more dollars, and in terms of manpower, and in terms of supplies, and what not. Commissioner De Yurre: What is your estimate what cost is going to be? - Mr. Armada: Just a second, Commissioner. And they have told me that the supplies, that they have donations of supplies and they have manpower to do the work. So, as far as I can tell you, it is very possible... in my opinion, it is very possible that with them supplying both manpower and supplies, OK? - and spending these dollars out of their pocket, they would probably come in and bring the east wing into code. That is what my understanding is. Commissioner De Yurre: What is your estimate of what the cost is going to be? Mr. Armada: We11, like I said, I think that the thirteen thousand plus whatever they put out in terms of labor and supplies will bring the east wing into code. We are not talking about the west wing, that's a totally different situation. Commissioner De Yurre: Was there a breakdown of the cost of the...? Mr. Armada: Yes. They have a breakdown here of the cost if you'd like me to run with it. 65 October 24, 1991 Commissioner De Yurre: No, no, from the City? You know, this hundred -and - seventy, this hundred -and -fifty, this twenty-five thousand, is it broken down to where you can take out the wing that is not going to be used, and you can deduct that? Mr. Armada: Are you referring to the memo from Mr. Canton? - yes, it was broken down. Commissioner De Yurre: Of course. Mr. Armada: Yes, it was broken down. Commissioner Alonso: May we get a copy of that memo to us, so that we will know what are the numbers and so on? May I get a copy, and all of us? Mr. Armada: Yes, sure. If you'd like me to go real quick... Commissioner De Yurre: Nobody has seen the memo. Mr. Odio: The memo is between Al... Pablo Canto and Al Armada. I have never seen it. Mr. Poch: We have not had the benefit of the memo either. Commissioner De Yurre: OK. Sergio Rodriguez received a copy of it. Mr. Al Armada: Yes, sir. Sergio Rodriguez received a copy. Commissioner De Yurre: So I am sure he is aware of it. Commissioner Alonso: Are the numbers they are talking about numbers of cost to the City? Because usually, our prices are higher than the real world. Mr. Armada: These were estimates... Commissioner Alonso: Outside, it cost less. People pay less. We pay a lot of money for whatever we do. So are we talking about real numbers or our numbers? Mr. Armada: I think that this memo is talking about real numbers. Commissioner Alonso: Real numbers, the outside world? Mr. Armada: Yes. Commissioner Alonso: OK. Mr. Armada: Because we never anticipated that we would do any improvements, you see. So clearly, when Mr. Canton wrote this... Commissioner Alonso: So we are talking about open market and... Mr. Armada: Yes, ma'am. .: October 24, 1991 Commissioner Alonso: So we are talking about thirteen thousand plus... Mr. Armada: No, no. If you are talking about the memo from Mr. Pablo Canton, that as I said, included the entire rehabilitation of the building. That's what it really... Commissioner Alonso: We are talking about the section that they are going to be using and if so... Mr. Armada: OK. The thirteen thousand... Commissioner Alonso: ... are they aware that they are going to have some expenses? They are saying "yes." Mr. Poch: We are aware of it. I want to bring to your attention that this facility is comprised of three buildings of which only one is going to be housed by Better Way. And of course, the memo speaks to the whole facility, three whole buildings and the prices are respectively larger than what we expect to spend on the renovation to bring it up to habitable standards. I also want you to know that there is a labor force available to Better Way at very little cost, if any, that will be used to implement a lot of these improvements. Vice Mayor Plummer: Question. Commissioner De Yurre: Well, let me... I wanted mine answered first, if I can. What is... based on this memo, what is the cost to the property that they are proposing to house? Mr. Armada: I think that they will be able to house that east wing with thirteen thousand dollars "out of pocket," plus the supplies that are going to be donated to them, plus the labor that they have there to do so. Commissioner De Yurre: And that will bring them up to code? Mr. Armada: And that will bring them up to code in so far as that east wing is concerned. OK? That's my understanding. Yes, indeed. Vice Mayor Plummer: My question is... Mayor Suarez: Vice Mayor Plummer and then Commissioner Dawkins, yes. Vice Mayor Plummer: ... in that east wing that they are going to occupy, are any of the violations safety related? Commissioner Dawkins: You know, I had my hand un. Mayor Suarez: I didn't see yours. Commissioner Dawkins: You heard him, you didn't see him. Mayor Suarez: You're right. 67 October 24, 1991 Mr, Armada: There probably are a few, but Commissioner Plummer, I want you to i.• Vice Mayor Plummer: Then what do we do about the time between now and the time that they are corrected? Mr. Armada: First of all... Mr. Poch: There is not going to be an immediate move in, Commissioner. Mr. Armada: Exactly. Mr. Poch: Before we move in... Vice Mayor Plummer: Are you saying to me that no one will occupy any part of that in which safety violations are noted? Mr. Armada: Precisely. Mr. Poch: That's correct. Mr. Armada: Precisely, Commissioner. Vice Mayor Plummer: OK. Mr. Poch: And to allay some of Commissioner De Yurre's concerns, there will be an occupational permit that will have to be issued by the City through a special use permit that will require a hearing notice to the neighbors and a hearing before a board, and that will give the opportunity of neighbors to comment, and explain their views of what's to be done. And I think that would be the better form, and of course, that can always come up back to the City Commission if necessary. Commissioner De Yurre: Explain that to me again. How is that going to work? My concern is, I want people to have a chance to speak... Mr. Poch: Better Way will need to take out an occupational license which will require a special use permit for their activities. That special use will have to be authorized by a City board which will require notice to the neighbors, and will require a hearing where the neighbors will have the opportunity to comment and give their views on the activity that's going to take place. Mr. Sergio Rodriguez: Special exception. Vice Mayor Plummer: What? Mr. Rodriguez: Special exception. Vice Mayor Plummer: Or, it's not an occupational license. Commissioner De Yurre: No. Mr. Rodriguez: They will need, if I may on that issue, they will need a special exception and the special exception will require notification to adjacent property owners and a hearing. And the special exception requires not only a recommendation by the Zoning Board, but ultimately, approval by the City Commission. Commissioner De Yurre: Will that be done after they make the repairs or before? Mr. Rodriguez: Well, I guess if they take the risk of making repairs, it's on their own, because they're going to have to go through the process and they cannot occupy properly the property until they are legally allowed to do so. And they cannot be allowed to use the property until they have the special exception that allow that special use to be there. You want to check with the Law Department - that might be my opinion as a planner. Commissioner De Yurre: As long as there is input from the neighborhood. Mr. Poch: Yes, there will be. Mayor Suarez: Commissioner Dawkins. Commissioner De Yurre: I am more than willing to go along with this... Vice Mayor Plummer: Can I finish up? Commissioner De Yurre: ... however, with the understanding that if down the road, during the process, that permit is not granted... Vice Mayor Plummer: I have one more question. Mayor Suarez: Let him go, because I interrupted him. Vice Mayor Plummer: I'll wait for Dawkins if he wants to go. Mr. Rodriguez: Well, if I may on that. _ Commissioner De Yurre: If the permit is not granted then you all lose whatever time and money was invested. Mr. Poch: I believe that's understood by Better Way. Commissioner Dawkins: I've got one question. Mayor Suarez: Commissioner Dawkins and then Comnissioner Plummer again. Commissioner Dawkins: I've got one question here and one for the Manager. When you were in my office, you told me that Mariano Cruz and the neighbors had no objections to this. Mr. McBride: Commissioner Dawkins, I spoke with Mari... again, for the record, Duke McBride. I spoke and had a meeting with Pat Keller, several meeting with Pat Keller and Mariano Cruz. And as a result of Better Way's performance in the Edgewater neighborhood that they now have occupied for the past six or seven years, and that community's association support of this program, they had no objections to Better Way - all other issues set aside to 69 October 24, 1991 Better Way occupying that facility. This morning when I heard of Mariano's objections which he made not only to the Commissioner, but by message to Mr. Armada, I tried to contact him, unable to, I contacted Pat Keller, who said her organization had met over the weekend after a meeting that she attended of the Roads Association and the candidates last week where we spoke, and they voted not to oppose this. And she was going to personally contact Mariano and asked him if he has had any subsequent objections, what they are. And I strongly suspect that if Mr. Cruz has any objections, they are not directed at Better Way as much as they are with some of the peripheral issues which I don't want to bring up right now, that have to do with Beckham Hall and Coconut Grove. Commissioner Dawkins: So when you talked to me, Mr. Cruz had relayed to you that he had no problems at that point? Mr. McBride: With Better Way. Yes, sir. Commissioner Dawkins: See, he did not tell me he had a problem with Better Way, new way or no way. He told me he had a problem. OK? So I have to assume that he had a problem. See, I'm not going to try to put words in his mouth what he had a problem with. But according to you, when we talked, you said that Mr. Cruz supported this project. Mr. McBride: Supported Better Way's occupation of Beckham Hall. Commissioner Dawkins: Now, since that time, I've heard differently. So I'm going to be making a motion whether it pass or not, that this has to be deferred until Mr. Cruz can come here and you and Mr. Cruz can tell me what the problem is, that there 1s no problem, or what. Mr. McBride: Well Mr. Commissioner, that will have to happen anyway. At the approval of... Commissioner Dawkins: Well, no, it won't have to happen if my motion doesn't pass. Mr. McBride: Well, it will have to happen because if this lease is ratified today the due process is, is that we will have to go to the Zoning Board. Commissioner De Yurre: Is this a lease? Mr. McBride: It's a special exception. Mr. Quinn Jones: Revocable permit. Mr. Poch: No, it's not a lease, it's a revocable permit. Commissioner De Yurre: Be clear about what we are talking about here, OK? Vice Mayor Plummer: It's got to be a public hearing. Mr. Poch: Yes, sir. 70 October 24, 1991 Mr. McBride: I'm sorry, it's my fault. But we will have to go to public hearing with public notice. Mr. Yurre: See, that's what happens when attorneys don't speak. Commissioner Dawkins: OK, I'll have to tell you where I am, that's a11, OK? Secondly, Mr. Manager, how many buildings are located at that site? Mr. Odio: Wait a minute, you mean in the Beckham Hall annex, or in the...? Commissioner Dawkins: In the Beckham Hall complex. Mr. Odio: One.., three... four. Commissioner Dawkins: Four? Mr. Odio: There is on the side where we now use... Commissioner Dawkins: Four? Mr. Odio: Yes, I think... Commissioner De Yurre: Four buildings, OK? Mr. Odio: Four building, yes. Commissioner Dawkins: And we are discussing one building, is that correct? Mr. Odio: Yes. Commissioner Dawkins: Now, what does the administration have in mind for the other three buildings? Mr. Odio: At this moment, nothing at all. You would have to decide what you want to do with that property when the time comes. Commissioner Dawkins: Right. Mr. Odio: We do not have the deed to that property as we talk here today. And they know that to, so. Commissioner Dawkins: OK. Well, I want to go on record telling everybody here - there again, this is just one vote, that I will vote for Better Way, and I will vote for Better Way if it's two hundred -and -fifty beds that Better Way use two hundred -and -fifty beds. I will not vote for anything that says that Better Way use one building and that the other three buildings be swapped for the land across the streets that you are trying to jockey in to in order to keep the homeless out of Coconut Grove. Now, that will be my vote. If the lease, grant, or whatever, does not specify that this is for the use of Better Way, then I will not be voting for it. Mr. Poch: I can assure you, Commissioner, that that... Commissioner Dawkins: No, no, you don't vote up here. 71 October 24, 1991 Mr. Pooh: OK. Vice Mayor Plummer: Mr. Mayor. 1. Mayor Suarez: Now do you want to state the motion? - anyone. Vice Mayor Plummer: Just for the record, sir. You understand, a revocable permit, regardless of what you put into this in the way of money or any improvements, that if the City calls it within thirty days, we do not in any way reimburse you for any expenses that you have incurred. Mr. Poch: We are aware of that. Vice Mayor Plummer: Thank you, sir. Mayor Suarez: OK. Does anybody want to try to phrase this in a way complies with it, or you want to try to just?... Commissioner De Yurre: Let me clear a legal point, here. And I want the City Attorney to opine on this, like Jorge Fernandez used to say, opine. Mayor Suarez: To opine, yes. Commissioner De Yurre: To opine. The issue is revocable permits, investment made in the property, expectation of use of the property... Vice Mayor Plummer: Wait until they get the brothers to burn your house down. Commissioner De Yurre: Is J.L. correct, totally correct in his statement as was presented right now? Mr. Jones: What we have done, Commissioner De Yurre, the attached revocable permit to the resolution will include language that would track exactly what Vice Mayor Plummer says. Commissioner De Yurre: So that we don't have... so we can avoid all the other cases, all the case, all that exist where cities have been burned. Mr. Maxwell: I think that we can. Commissioner De Yurre: OK. Mayor Suarez: OK. Commissioner Alonso: So, I'd like to move that we approve as presented to us. Mayor Suarez: Does the motion have as part of its intent, the clarification that the ultimate document is approved? When would it be approved? You had said that there was some further step that has to be taken by the Commission, right? - and that would presumably satisfy... Vice Mayor Plummer: Public hearing. 72 October 24, 1991 Commissioner Alonso: They will have public hearing; they have to for the special permit. Mayor Suarez: Right. Commissioner Alonso: So public hearing will take place. Mayor Suarez: So moved, for approval subject to that. Commissioner De Yurre: With that under... Mayor Suarez: With that understanding, rather. Commissioner De Yurre: ... I'll second, with that understanding that they do have to come back. Commissioner Alonso: They have to. Commissioner De Yurre: If there is any way that they know of and the City Attorney... the City knows of... Unidentified Speaker: There is no way. Commissioner Alonso: What do you mean, no? Mr. McBride: They would have to come... Unidentified Speaker: He's right. He is absolutely right. Mr. Alonso Poch: Commissioner, they would have to come back to the Zoning... Mayor Suarez: Please, he is just putting into the record the caveat to be absolutely sure. Let him complete it and just nod and say, "yes," you're entirely right Commissioner, and you may assume all of that. Commissioner De Yurre: That's what I want to know. Vice Mayor Plummer: May I ask this question? Commissioner De Yurre: Well, J.L., let me get an answer. Vice Mayor Plummer: I'm sorry. Mayor Suarez: Wait, wait, Mr. City Attorney, are we not right that this must come back? Mr. Maxwell: Well it must come back for the special exception. However, if you approve this permit subject to the public hearing, they would not be able to enter upon the property and do anything lln terms of improvements, or anything like that until that time. And I'm not sure that that's what the intention is. Mayor Suarez: OK. How does the moving party wish to state this? 73 October 24, 1991 Commissioner De Yurre: Well, let me say... z, Commissioner Alonso: To approve as presented to us. Mayor Suarez: To approve. OK. Commissioner De Yurre: OK. Now, they do need a special permit in order to occupy the building? Mr. Maxwell: That's correct. That's pursuant to zoning ordinance. Vice Mayor Plummer: For this kind of operation. Commissioner De Yurre: So they will come back to us. Mr. Maxwell: They would need a special exception to make use of the property. Mayor Suarez: They could conceivably begin preparations, et cetera, but to make use of the property, they have to come back. Right. Mr. Maxwell: That's correct. Commissioner Alonso: In other words, they will not be able to use the property legally unless they have the special exception. Mr. Maxwell: That's right. You have in this particular situation, you have something akin to a "catch 22," wherein you can't move for the special exception until they have certain rights in the property which they would get pursuant to the permit. Vice Mayor Plummer: Ah... OK. Mayor Suarez: We got you. Mr. Maxwell: However, they can't use the permit once they get it until they get the special exception. Mayor Suarez: All right. I think that's about as confusingly clear as it can be. Commissioner De Yurre: OK. Mayor Suarez: Yes. Commissioner Dawkins: Mr. Mayor, somebody help me. We have a homeless something being housed there. What's there? Commissioner Alonso: It's vacant. Mr. Armada: At present? Commissioner Dawkins: Yes. Mr. Armada: At present, it is in essence, vacant. I want you to know... 74 October 24, 1991 Commissioner Dawkins: What now? Commissioner Alonso: Vacant. Mr. Armada: It's vacant. Because the State... Commissioner Dawkins: What was there? Mr. Armada: OK. The State used it for a halfway house for prisoners. Commissioner Dawkins: Why did the State be able to use it without all of what we are putting on them, and they can't use it without doing all of this, and the State could? Explain that to me somebody. Mr. Armada: The State was there, Commissioner Dawkins, since 1982, OK? So since 1982 to the present, OK? - they have been in possession of the property, and they have been utilizing portions of the property because over a time, they left couple of areas behind because they were getting really bad. In the process, OK? - they have come to us a couple of times and asked us to gain... to allow them to spend substantial amounts of dollars in renovating all of those facilities, and we have said consistently, "no," because we have other use for it and so forth, and so on, and we didn't want them to have a further claim on us. You understand, sir? Mayor Suarez: As to the use of the facility for all that period of time, for something that looks very much like what we are proposing, how could they do it and now these folks have to go through special permitting, please? - special exception rather. Mr. Armada: Because they were there before... since 1982 and the County entered into a lease agreement with them at that point for the... Mayor Suarez: You think it was legally done? Mr. Armada: The County, I think, had the right to do that at that stage. Mayor Suarez: All right. Commissioner Alonso: The County again. Mayor Suarez: I'm not sure it explains it, but at least, it tends to. All right. We have a motion and a second. Any further discussion? If not, - please call the roll. 75 October 24, 1991 The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 91-766 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE PERMIT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO BETTER WAY, INC. FOR THE USE OF BECKHAM HALL., LOCATED AT THE SOUTHWEST CORNER OF NORTHWEST 8TH AVENUE AND 28TH STREET, MIAMI, FLORIDA; FOR THE OPERATION OF A SHELTER FOR THE HOMELESS, AS WELL AS ANY ANCILLARY SERVICES; SAID PERMITTEE TO PAY AN ANNUAL FEE OF $1.00 FOR THE USE OF THE AREA IN ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN SAID REVOCABLE PERMIT. Upon being seconded by Commissioner De Yurre, 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: Commissioner Miller J. Dawkins. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Vice Mayor Plummer: I'm voting yes only by virtue of the fact, it will prompt another public hearing before this Commission. They are on notice that any monies expended by them could be for nought, and that they have agreed and understand that they will not come back to this Commission for any kind of recourse if in fact the conditional use is not approved. Based on that understanding, full understanding, I vote yes. COMMENTS MADE AFTER ROLL CALL: Commissioner Dawkins: Mr. Mayor. Mayor Suarez: Yes. Commissioner Dawkins: I want you to understand, my no vote is not against the project. But I promised a constituent when he called today and asked me to attempt to get a deferral, that I would attempt to get the deferral. So therefore... Vice Mayor Plummer: For the record, I received the same phone call, but I am assured that another hearing must occur. He will have his right, his day in court, here, at that time, so I feel that his rights have not be violated, he has not been denied the due process and for that reason, I voted yes. Mayor Suarez: OK. 76 October 24, 1991 W1 Mayor Suarez: On item 9. Viet Mayor Plummer: Mr. Mayor, before you proceed. Mayor Suarez: Yes. Vice Mayor Plummer: We have an empty chair. Sir, I asked of you before, have you investigated the hospital that is for sale in the other part of the County. Has anybody in the administration...? Mr. Odio: We're checking into it. I'll have something by next meeting. Vice Mayor Plummer: I think it's very, very important, sir. Mr. Odio: It is, it is. Vice Mayor Plummer: That is a potential good situation that is for sale, it's a hospital that is vacated and could be used for the homeless. Mayor Suarez: Great. Commissioner Alonso: Great. Mayor Suarez: All right. Item... Commissioner Dawkins: It can also be used for the clinic that we got the money from the State of Florida to build. Vice Mayor Plummer: Sir, it could be used for anything. Commissioner Dawkins: But you know we got money, J.L. from the State to build a clinic. Vice Mayor Plummer: Yes. Commissioner Dawkins: So, you could purchase the hospital already... 11. CONFIRM APPOINTMENT / REAPPOINTMENT OF INDIVIDUALS TO THE BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHORITY (Reappointed were: S. Lawrence Kahn, III, H. Leland Taylor and Phillip A. Yaffa; appointed were: George Knox, Marwin Cassel, Anthony G. Marina and Randi R. Trasenfeld). ------------------------------------------------------------------------------ Mayor Suarez: On item 9, we have the appointments, I think, pursuant to this Commission's recommendations and all... Vice Mayor Plummer: What's that item? f Mayor Suarez: ... aspects, Downtown Development Authority appointments as requested by each of you. 77 October 24, 1991 Vice Mayor Plummer: Item 9, I move. Mayor Suarez: So moved. Commissioner Alonso... - Commissioner Alonso: Yes, second, yes. Mayor Suarez: ... seconds. Commissioner Alonso: Second. Mayor Suarez: Mr. Gonzalez-Goenaga, sir. Mr. Gonzalez-Goenaga: Well, when I see this, I am not questioning the integrity of any of these people, because I don't even know them. I see Marina, I know a Gerrard Marina and... Mayor Suarez: No, no, not related, I don't think. Commissioner Alonso: No. Mr. Gonzalez-Goenaga: And "Asegurate con..." Mayor Suarez: At lease, certainly not the same person. Mr. Gonzalez-Goenaga: ... and "Asegurate con Marina." Mayor Suarez: No, no, no. Vice Mayor Plummer: No, that's not Evaristo. Mr. Gonzalez-Goenaga: It's another Marina? Vice Mayor Plummer: Definitely. Mayor Suarez: Yes, Mr. Gonzalez-Goenaga, you may not go into what every possible Marina individual that you know. - Mr. Gonzalez-Goenaga: OK. What criteria, if I can know is used for these individuals? In other words, are they contributors to your campaigns? Commissioner Alonso: No, certainly not. Mr. Gonzalez-Goenaga: Are they lobbyist in this Commission? What other favors are you in debt with, for example, George Knox. Commissioner Dawkins: I yield to the Mayor. Mr. Gonzalez-Goenaga: Could you answer? Is he a contributor to your campaign? Is he a lobbyist here with this Commission? I understand that he was the lobbyist for the Virginia Key issue. Mayor Suarez: Mr. George Knox was a former City Attorney, I don't think he has ever contributed to my campaigns. I certainly would welcome it. 78 October 24, 1991 Mr. Gonzalez-Goenaga: Are you sure? How come I know he contributed a thousand dollars to your campaign and for Mr. De Yurre? Mayor Suarez: Sir, I was just about to say that I certainly would welcome a contribution in any future campaign I might have. I would be very proud to receive it. Mr. Gonzalez-Goenaga: So your criteria... Mayor Suarez: So, that's not... that doesn't disqualify him. Vice Mayor Plummer: Let me say disappointedly for the record, he has not contributed to mine. Mayor Suarez: I don't think he has ever contributed to mine, that is not a criteria. Vice Mayor Plummer: Very disappointingly. Mr. Gonzalez-Goenaga: Well, I don't know how to read the financial reports of contributions, or... Mayor Suarez: Oh, I'm sorry. If he contributed to my campaign, I stand corrected. I don't remember it. Mr. Gonzalez-Goenaga: So, I think... I am not a Commissioner and I think I know more than you people all together except Ms,. Alonso and Mr. Plummer. Mayor Suarez: All right, that may be fair now, but we are on the DDA appointments, and these folks want us to get into many, many other items of interest to them. Mr. Gonzalez-Goenaga: OK, let's go on. Thank you. That's all. i Mayor Suarez: Thank you. Call the roll on that. 79 October 24, 1991 The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 91-767 A RESOLUTION CONFIRMING THE REAPPOINTMENT OF S. LAWRENCE KAHN, III, H. LELAND TAYLOR AND PHILLIP YAFFA TO THE BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHORITY FOR TERMS EXPIRING JUNE 30, 1993; FURTHER CONFIRMING THE APPOINTMENT OF GEORGE KNOX TO THE BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHORITY FOR A TERM EXPIRING JUNE 30, 1994 AND CONFIRMING THE APPOINTMENT OF MARWIN CASSEL, ANTHONY G. MARINA AND RANDI R. TRASENFIELD TO THE BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHORITY FOR TERMS EXPIRING JUNE 30, 1993. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre. 12. APPROVE AND ADOPT REMAINING ELEVEN -TWELFTHS OF DEPARTMENT OF OFF-STREET PARKING BUDGET (NOVEMBER 1, 1991 - SEPTEMBER 30, 1992). Mayor Suarez: Item 10. Clark, we tried to get to you a little quicker and now, here we are. You are of course, the City. agency, we expect you to be ready, willing, and able to sit through Commission meetings and give us all kinds of interesting answers. Mr. Clark Cook: I would be honored to do that, sir. I apologize to the requesting an early appearance today. Mayor Suarez: Clark, I believe that you gave some answers to my staff on some of my concerns. I understand that you're increasing the budget, proposing to increase the budget for personnel in the amount, somewhere in the vicinity of fifty thousand dollars ($50,000). Am I roughly close there? Mr. Cook: If we are talking about the expense budget, we are increasing the expense budget, roughly, a hundred -and -four thousand dollars ($104,000) yes. 80 October 24, 1991 Mayor Suarez: Of that, how much is personnel, though? Mr. Cook: We added only one person - fifty thousand dollars ($50,000). Mayor Suarez: All right. So, I was right, that the personnel was roughly fifty thousand dollars. Mr. Cook: Yes. That's correct. Mayor Suarez: Why? Mr. Cook: That was a marketing person to increase usage of the garages in downtown Miami. Mayor Suarez: Why do you think it proper for the Off -Street Parking Authority to be spending money to market its garages? Mr. Cook: To the best of my ability, based on only one meeting involving a number of parking advisory people, that recommendation came from a number of the parking advisory committee people, DDA, and some of the other committees encouraging us to promote the use of the facilities. Mayor Suarez: Well, if you were not expecting - and I see your chairman is here, if you were not expecting at least from that promotion, at least, to recover one dollar for every dollar you spend, and of course, I assume that you are expecting to recover a lot more than that, then the thing will make no sense. Mr. Cook: We expect to recover more than we are spending on it. If we don't, we certainly should eliminate it. Mayor Suarez: Right. And if you are expecting to get more than one dollar, I would certainly hope at the end of the year that you would come back and say "guess what, we generated a lot more than fifty thousand dollars ($50,000) in additional revenues from this marketing that we have done, and we have some surplus monies to give back to the City of Miami for the homeless and a variety of other things," right? Mr. Cook: Well, certainly, we would be delighted to do that if that results, and I would be more than glad to report back to this Commission how successful we are in promoting, and how we accumulate those charges. I think you know, Mayor, that the way the Bond Ordinance is written, certainly can give money to parking, for parking out of that money, but I could not give it for the homeless. Vice Mayor Plummer: What do you mean? Mayor Suarez: All right, now we are going to tackle that - I'm glad, the Vice Mayor also has expressed an interest in this. Are you saying that there is something in your bylaws, which I think is what you told my staff, that precludes you from using Off -Street Parking revenues to solve the problems of the area in which you are placing those parking meters and garages, that is to say, the downtown area and other parts of the city, but primarily, the 81 October 24, 1991 e downtown area. And if so, why are you precluded from using it for that purpose? Mr. Cook: It is my understanding that the ordinance for that, justifies our debt - the Bond Ordinance, the justifies our debt requires that all revenues that we gather from parking be spent on parking related events. Vice Mayor Plummer: Oh, well of course. And one of your problems that your garages are not being used, it is because they are filled up with homeless people. Mayor Suarez: There you have it. The activit;i, and the existence, and the ubiquity of homeless in downtown is creating a disincentive for people to use parking garages. Vice Mayor said it, exactly right. So, the two are quite related. Mr. Cook: Well, I think that... Vice Mayor Plummer: Mr. Cook. Mayor Suarez: And if you have an ordinance that somehow prohibits that, I wish you would bring it to our attention so we could begin... presumably, an ordinance passed by this Commission you are referring to, right? Vice Mayor Plummer: Mr. Cook. Mayor Suarez: We can change it. - right quick. Vice Mayor Plummer: A good CEO (Chief Executive Officer), Mr. Cook, does not find ways to tell us how it can't be done. Mr. Cook: I agree. Vice Mayor Plummer: A good CEO tells us how it can be done. And those who tell us how it can be done, enjoy a thing called longevity. Mr. Cook: Commissioner, I would like to enjoy longevity, and I will make it a practice in the future. Vice Mayor Plummer: And I will sure that you will find a way to be there a long time, sir. Mr. Cook: I'm sure that I will. Vice Mayor Plummer: Next item. Mayor Suarez: OK. That... Commissioner Alonso: Meaning, you're moving? Mr. Odio: I don't know. Mayor Suarez: That assumes that we are looking to have at least, right off the bat, some amount which this Commission I would hope, would try to set a percentage as they have done with the downtown... 82 October 24, 1991 • • Vice Mayor Plummer: No less than the DDA. Mayor Suarez: No less than ten percent. Vice Mayor Plummer: No, no, no. I'm not going to say ten percent now because they've got the... DDA does not get a bond obligation... Mayor Suarez: No less than a hundred -and -fifty thousand dollars ($150,000). Vice Mayor Plummer: ... and a reserve. A hundred -and -fifty thousand dollars. Mayor Suarez: And I think that's a great figure. Mr. Quinn Jones: Mr. Mayor and Commissioner, I just have to caution you that it's my understanding that the bond indenture prohibits use of that money for anything other than as Mr. Cook has stated. Vice Mayor Plummer: Obviously, you don't like longevity either. Mr. Jones: Well, I am just stating to you on the record what the law is. Vice Mayor Plummer: Now, let's understand sir, we are not taking that... Mayor Suarez: Find the wording. If you want me to vote for this, find the wording today or else, be without an approval of your budget for another period of time. I want to see it. Vice Mayor Plummer: Excuse me, Mr. Mayor. Mayor Suarez: Because the bond indenture probably, as you're probably getting ready to say, refers to a certain amount of streams of revenues that you must have... Vice Mayor Plummer: Reserve. Mayor Suarez: ... a reserve amount - I think the debt service... Vice Mayor Plummer: We're speaking to surplus. Mayor Suarez: Right. You have a substantial surplus, the debt service ratio that you have is substantially higher than one point two five, which to me, is quite conservative, and that's what the bond indentures are concerned about, that's what the banks are concerned about. Vice Mayor Plummer: Oh, I'm not going to touch their monies or their reserves, I am speaking to the surplus. Mayor Suarez: So, do you want to take a little time to look at all of that, Clark, and have some answers for us? Vice Mayor Plummer: We'll ,just approve it subject to. Mayor Suarez: You can approve it subject to, that would be fine with me. 83 October 24, 1991 Vice Mayor Plummer: How much surplus did you have last year, sir? Mr. Cook: Actually, the final figures are not in yet. Vice Mayor Plummer: Well, give me a rough ballpark. Mr. Cook: We estimated approximately six hundred... a tittle over six hundred thousand. Vice Mayor Plummer: My God, I'm only asking for twenty-five percent. Commissioner Alonso: Ohl No problem. Mayor Suarez: A hundred -and -fifty should be no problem. Mr. Cook: Some of that goes into, you know, has to go to pay debt. It has to go back in. Vice Mayor Plummer: That's not surplus then if it's reserved to pay debt. I'm asking unrestricted surplus. Hello. Mr. Harold J. Manasa: Yes. Mr. Commissioner, my name is Harold Manasa, the chief financial officer of the Off -Street Parking. Our bottom line this year, our profit after expenditures, after debt service, after depreciation, we estimate it to be approximately six hundred -and -fifty thousand dollars. Vice Mayor Plummer: That's fine, sir. Thank you. Mr. Manasa: However, as Mr. Cook has pointed has pointed out, our Bond Ordinance does require that excess funds be retained in the agency to service the bond holder debt. It's a closed indenture. Mayor Suarez: What amount? I thought it was on a ratio basis of expected revenues to debt service. Vice Mayor Plummer: No, it's one and -a -half percent. Mayor Suarez: No, no, it can't be one and -a -half. Mr. Manasa: Mr. Mayor, may make a suggestion? Mayor Suarez: If it is one and -a -half, you've got stop doing them at one and - a -half, do them at one and -a -quarter, or one and you know, point three five. Vice Mayor Plummer: No, no, one and -a -half is fine. Mayor Suarez: We had that discussion many years ago with Mr. Weaver, let's not go through it again. Mr. Cook: All right. Let's not. Mayor Suarez: You don't want to be that conservative. We are working here on... 84 October 24, 1991 4W Vice Mayor Plummer: How much surplus did you have last year, sir? Mr. Cook: Actually, the final figures are not in yet. Vice Mayor Plummer: Well, give me a rough ballpark. Mr. Cook: We estimated approximately six hun'-Id... a tittle over six hundred thousand. Vice Mayor Plummer: My God, I'm only asking for twenty-five percent. Commissioner Alonso: Ohl No problem. Mayor Suarez: A hundred -and -fifty should be no problem. Mr. Cook: Some of that goes into, you know, has to go to pay debt. It has to go back in. Vice Mayor Plummer: That's not surplus then if it's reserved to pay debt. I'm asking unrestricted surplus. Hello. Mr. Harold J. Manasa: Yes. Mr. Commissioner, my name is Harold Manasa, the chief financial officer of the Off -Street Parking. Our bottom tine this year, our profit after expenditures, after debt service, after depreciation, we estimate it to be approximately six hundred -and -fifty thousand dollars. Vice Mayor Plummer: That's fine, sir. Thank you. Mr. Manasa: However, as Mr. Cook has pointed has pointed out, our Bond Ordinance does require that excess funds be retained in the agency to service the bond holder debt. It's a closed indenture. Mayor Suarez: What amount? I thought it was on a ratio basis of expected revenues to debt service. Vice Mayor Plummer: No, it's one and -a -half percent. Mayor Suarez: No, no, it can't be one and -a -half. Mr. Manasa: Mr. Mayor, may make a suggestion? Mayor Suarez: If it is one and -a -half, you've got stop doing them at one and - a -half, do them at one and -a -quarter, or one and you know, point three five. Vice Mayor Plummer: No, no, one and -a -half is fine. Mayor Suarez: We had that discussion many years ago with Mr. Weaver, let's not go through it again. Mr. Cook: All right. Let's not. Mayor Suarez: You don't want to be that conservative. We are working here on... 84 October 24, 1991 `� Mr. Odio: I'll have to say that. 0 Mayor Suarez: ... having one point zero debt coverage ratio debt service coverage ratio in the City of Miami. For you guys to be working with one and - a -half, that's ridiculous. Yes. Vice Mayor Plummer: No, no, that's in the bond, they can't do anything about it. Mr. Odio: As I remember negotiating with... Mayor Suarez: Yes, it is. You're not going to convince me of that. Mr. Odio: I don't deal with them anymore, but when I... David Weaver had... the board... Mayor Suarez: And we got it down to one point three five at one point. Mr. Odio: No, the bond indenture says one point two five, the board passed one point five. Mayor Suarez: Right. So, you tell your board, and you have the chairman here, that we are not going to buy one point five. Ladies and gentlemen, one point five means that they are setting aside fifty percent more in revenues than they need to cover the debt. That's an incredible safety margin. Now, you can go down to one point two five if that's what your bond indenture say, and you are not in anyway jeopardizing your bonds that are outstanding. Mayor Suarez: You're coming at it the wrong way. Mayor Suarez: The Miami Herald should do an editorial accordingly, instead of the usual editorials they do in this area which I don't understand at all, that says that you're a great business, that you're being run magnificently well, and that we are toying around with you. We are asking you to pay for important things that are happening in the downtown area, which is where you're getting most of your revenues. And by the way, as Vice Mayor stated, possibly, very probably, it will have the same effect that you are hoping to do with your marketing. In fact, it will have more effect in your marketing. If you help us with the homeless, it will improve better the climate in downtown Miami, it should increase your revenues more than the fifty thousand dollars that you're spend in your marketing, which I am against, by the way, I am against marketing. Just like I am against marketing the lottery. I think it's ridiculous to spend people's money to convince them to put more money into something that then goes right back into the same pot, that's ridiculous. And I believe the same thing about the Off -Street Parking marketing. I would vote against that. However, if the Commissioner wants to state that he wants to reserve a hundred -and -fifty thousand dollars of your budget, and approve your budget subject to that, I would approve that. And I would be inclined to do that because that still covers more than the fifty thousand you want to spend in marketing. If you still want to spend it in marketing, that's up to you. It's not up... to me, it's not a wise decision, but that's your judgement. 85 October 24, 1991 Vice Mayor Plummer: Mr. Mayor, for the record. Mayor Suarez: Yes, Mr. Vice Mayor. Vice Mayor Plummer: I don't like to disagree when I'm winning with my Mayor, but I have to disagree to this extent. Mayor Suarez: Yes. Vice Mayor Plummer: I don't necessarily want to force them to reduce their reserve from one and -a -half down. Mayor Suarez: I understand. Vice Mayor Plummer: All I'm saying to them... Mayor Suarez: You're talking about the cash reserves that they have now. Vice Mayor Plummer: I'm saying to them, they're going to find a hundred -and - fifty thousand dollars ($150,000). If they have to reduce their reserve then that's what they will do. But I'm not forcing them to reduce that reserve. They way I normally do it is tell Mr. Cook it's going to come out of your salary, and you'll find a way if we don't do it, it will come from your salary. So what I am saying to you is, I have no problem with leaving your cash reserves at one and -a -half percent as long as you come up with the one fifty from somewhere else. Mayor Suarez: I fully agree that if they find it elsewhere, then next year we'd be looking at how much that one and -a -half percent produced in actual cash and then maybe, we will dip into that. Clark, as to the FEC (Florida East Coast) tract, you have been generating how much money a year for the use of that facility as a parking lot? - which is against every... Mr. Cook: The profit to the City is approximately sixty thousand dollars ($60,000). Mayor Suarez: You have been generating how much in yearly revenues from people who go and park and pay some amount. Don't give me a net amount, give me a gross amount, roughly. Mr. Cook: I do not know the gross amount. Mayor Suarez: All right. The gross amount 'X' whatever amount it is, minus what gives you the profit you just gave me of sixty thousand? Mr. Cook: Actually, what gives you the profit is the expenses of us operating and managing that area, managing that lot. Mayor Suarez: OK. Only... what are you now, what do you account for there? - just the individuals that are physically there and are being paid to do that for a certain numbers of hours, or you're trying to charge me with some overhead of your agency for every single person? Mr. Cook: We only charge to the direct cost. We charge no overhead. 86 October 24, 1991 C Mayor Suarez: Direct cost? Mr. Cook: That's correct. Mayor Suarez: OK. What is the intended future use of that facility? Are you thinking of abandoning that and giving it back for park use as somebody told me? Or are you still interested in trying to use that as a parking lot? Mr. Cook: It's a surface parking lot. Mayor Suarez: Well I know it's a surface parking lot, there are no stories there, but. Mr. Cook: We could do basically whatever the City wanted to do with the property. Our present plan would be to continue using it. Mayor Suarez: OK. You have an interest in continuing to use it that way? Mr. Cook: Yes. Mayor Suarez: And we have been... the agency has been deriving roughly sixty thousand dollars a year in profit, you said. Mr. Cook: No, no. Mayor Suarez: No? Mr. Cook: The City of Miami. That's the check we send the City. Mayor Suarez: OK, that's a separate check? Mr. Cook: That's correct. - Mayor Suarez: Right. Mr. Cook: All the agency gets paid... Mayor Suarez: What do you expect in the next fiscal year, the one whose budget we are approving to generate from that facility? About the same amount? Mr. Cook: We have budgeted the same amount, yes. Mayor Suarez: Al right. We won't get into what you mean by what you have budgeted. That's what you hope to get in the next year. Mr. Cook: That's what we hope to acquire. Mayor Suarez: We've just gone through our budget. Mr. Cook: Well, we've gone through that. Commissioner Alonso: Yes, once is enough. 87 October 24, 1991 r Vice Mayor Plummer: That's what it is. Mayor Suarez: We don't want to get into that. All right, so at the end of the year, that will again increase your cash reserves, or else, you will be giving us a check for that amount. Mr. Cook: Yes. Mayor Suarez: All right. Mr. Cook: No, no, we will be giving you a check for that amount period. - Either way. Commissioner Dawkins: Mr. Mayor. Mayor Suarez: OK. You usually give it to us around September 30th? I mean, just out of curiosity. We are looking at cash flow around here too, so. Mr. Manasa: I'm not sure. Mayor Suarez: All right, when was the last check dated for this year? - Roughly, around the end of the fiscal year. You have the same fiscal year that we do, obviously. Mr. Cook: Obviously, we have the same fiscal year you do. Mayor Suarez: All right. You're not making interest on us or anything? Mr. Cook: But I do not know when the check was issued. Mayor Suarez: All right. Commissioner Dawkins. Commissioner Dawkins: Mr. Mayor, I'm going to go on record letting everybody know that in any event that there is a motion made up here by the Mayor or anybody else, that you have to reduce even down to one point two in order for the City of Miami to get something, I'll be voting with the motion. Mayor Suarez: OK. Very good. Yes, I think that we ought to engage in a discussion in the next thirty days as to what exactly your bond indentures require - really, get those to us, those of us who are willing to look them. They may not be identical in every single bond issue that you've had, and some, you may have a higher debt service coverage than the other. To the extent that we can vary that and make you be just a little bit less conservative than you've been over the last years, we'd like to do that. Because you're making money off of people parking which is very much like a tax in many, many ways. People see us charging for the use of streets, and the streets belong to the people of Miami, they see it as a tax, so they want to see some of that money coming back for uses such as the homeless that they think are important. And so, look at that, and at least, in my case, I'd like to see the indentures if you can get them to me. If you can highlight the part that tells about debt service coverage, I would appreciate that. It's a little less reading for me. But I want to see it for myself. 88 October 24, 1991 Mr. Cook: Yes. I'll be glad to do that. Yes, Mayor. Vice Mayor Plummer: Mr. Cook, Parking structure on First Street that is requiring six hundred thousand dollars of City subsidy, what are you doing about it? Mr. Cook: We are managing it for you. Vice Mayor Plummer: Not very well. Mr. Cook: We are managing for you, and it's one of the structures if you remember, Commissioner, if... I'm told from the history that it was recommended by the Parking Authority that we not build... Vice Mayor Plummer: I know the history better than you do, sir. Mr. Cook: Yes, I'm sure you do. Vice Mayor Plummer: What are you going to do to reduce or eliminate the subsidy that the City is having to pay? Mr. Cook: We are using the marketing gentleman that the Mayor spoke about to try to increase the parking facility, that your parking utilization of that garage which will reduce the subsidy. Vice Mayor Plummer: How much is that place presently being used? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Vice Mayor Plummer: The one that requires subsidy? Mr. Manasa: If I could point out to the Commission, although we expect to do as well next year as last... Vice Mayor Plummer: I heard that for the past five years. Mr. Manasa: Well, Commissioner Plummer, over five hundred customers at that garage, monthly customers are employees of Southeast Bank. Vice Mayor Plummer: So, that's going to get worse. Mr. Cook: it's going to get worse. Mr. Manasa: It's going to get worse before ... right now we are doing well, but... Vice Mayor Plummer: How much of that garage presently is being utilized? Is It half? Mr. Cook: Commissioner, I don't... Commissioner, I'm not going to guess and try to mislead you. I'll be glad to give you in writing the amount, the utilization of that garage, a report today. 89 October 24, 1991 i Vibe Mayor Plummer: Mr. Manager, I spoke to you last year, you thought it was a good idea of stored, stolen, and confiscated automobiles there at ten dollars a day, or twelve dollars a day to bring revenue in the City. What happened to that? Mr. Odio: We didn't have enough room at the time. Vice Mayor Plummer: Well, you're going to lose a hell of a lot of them right now. Mr. Odio: Well, then now we will have to address that. We're also trying to sell that parking garage to the County. Vice Mayor Plummer: If you can put... according to everything that I hear, you don't have adequate space to store confiscated and stolen automobiles. Now why aren't we putting them in there? I don't think that their fee, as high as their fees are, are twelve dollars a day. That's what is being charged by wrecking company, towing companies for stored cars. Why aren't we doing it in that building and reduce our subsidy? Mr. Odio: Let me repeat, Commissioner. When'you said that last year, we checked, there was not enough space to do that. We have not as of this moment been informed that there is people living in the building Vice Mayor Plummer: Are you telling me that when you checked last year, that building was a hundred percent full? Mr. Odio: I won't say a hundred percent. I said, we didn't have enough room to move that huge operation in there. It was being used heavily at the time, if I'm not correct on that. Mr. Manasa: It was actually... Mr. Commissioner, at the time it was being heavily used but since Centrust has gone out of business, and Southeast is going to be having layoffs, I would imagine there would be some space available. Vice Mayor Plummer: I'm telling you that something has got... I say it every year and every year I get nothing but "lame brain" excuses, and we still continue to pay the subsidy. Now something has got to be done. Mr. Odio: I said, I am trying to sell that garage; I have had communication with the private sector; we have not been successful; nobody want to buy it; the County has shown some interest. Vice Mayor Plummer: How many spaces are in that garage? Mr. Odio: One thousand and something. Unidentified Speaker: About twelve hundred. Mr. Odio: Twelve hundred. Vice Mayor Plummer: Twelve hundred spaces. If you did nothing but store confiscated automobiles in that structure, you have the potential of twelve 90 October 24, 1991 ry, thousand dollars a day. You're telling me that twelve thousand dollars a day will not cover the requirements of the... Mayor Suarez: Operating plus debt service, plus... Vice Mayor Plummer: I'm saying... Mr. Cook: We don't service the debt. Vice Mayor Plummer: ... cut it out to all people that are parking there and do nothing but store automobiles. That's a potential of twelve thousand dollars a day. What is the debt service on that? Mr. Cook: We don't service it. Mr. Odio: Find out. Vice Mayor Plummer: What? Mr. Odio: Get the number. Vice Mayor Plummer: Something has got to give. Mayor Suarez: It's an asset whether we have part of it and you have the other part of it, or not, it is an asset. It should be looked at as something that should become productive... Vice Mayor Plummer: No, you see the problem... Mayor Suarez: ... and if it doesn't become productive, we sell it, we give it away, we blow it up, we do whatever makes sense. And hopefully... Vice Mayor Plummer: The problem is, they manage it and they don't have to suffer any of the loss. Mayor Suarez: Right. Hopefully, you will look at it in that fashion, Clark, at your new administration. Because otherwise, every year we ask the same questions. And it's an asset that supposedly is worth something out there in the market and yet it's costing us money. Mr. Cook: Mayor, I think the parking... the former people and the parking is... rather existing people, as well as myself, have looked at that garage and tried to increase use. We've been very concerned since I had been there. Mayor Suarez: Well, you apparently haven't looked at the numbers that Vice Mayor Plummer suggested just simply for storage on ten dollars a day, completely full. Maybe, that's one analysis that should be done - compare it to an analysis. Vice Mayor Plummer: We don't need them to manage that. How much of a fee are we paying you to manager it? Mr. Cook: Twenty thousand a year, management fee. 91 October 24, 1991 Vice Mayor Plummer: That's twenty thousand less. Next item. I'm going to follow up on that, by the way. OK, next item. Mr. Cook: And I'll be glad to assist you. Vice Mayor Plummer: Mr. Cook, vendors are still violating the vendors of the downtown by being in the median of your area. My police will not touch it. Your meter maids are out writing tickets right and left, and nobody is enforcing it. Why? I am talking about Biscayne Boulevard. Our ordinance clearly states, no vendors east of the west side of Biscayne Boulevard. Your meridian in there is proliferated with vendors and yet, you're not enforcing it. Why are you allowing this violation to occur? Mr. Cook: Commissioner, I'm not sure that I have... you're talking about vendors by setting up vendor... sale. Vice Mayor Plummer: I'm talking about hot dog vendors, any kind of street vendors. Mr. Cook: Commissioner, I don't... Vice Mayor Plummer: We designated seven spaces on the west side of Biscayne Boulevard for vendors, they agreed to it, and what's happening is, those who agreed to it, are sticking to it and others are coming in and violating it, and it's losing faith with the ones that we had an agreement with. It's in your control and your bailiwick and you're not enforcing it. Why? Mr. Cook: Commissioner, as far as I know, we don't have the authority. However, I will personally look into it and respond to you by next week. Vice Mayor Plummer: It is your authority. Mr. Cook: I'm not sure. If it's within our authority, we'll respond to it. Vice Mayor Plummer: You bounce it back to the Police Department, the Police Department bounces it back to you, and you know what? - nothing happens. Mr. Cook: We won't bounce it back, and we will give you a straight answer next week. Vice Mayor Plummer: OK. Next question. You Vave meters in places that you can't find because the weeds are grown over therr. Why? Mr. Cook: I don't have an answer. Vice Mayor Plummer: Why are meters being put in areas that you can't even find the meter because of the weeds? Mr. Cook: They should not be put in areas where you can't find the meters because of the weed. Vice Mayor Plummer: Sir, I beg of you to go look east of Brickell Avenue on 13th Street. There are meters back there, you can't find the meters. 92 October 24, 1991 Mayor Suarez: Well wait, wait. Before you go and start removing all of those meters, you want to do a cost analysis of whether it it's worth moving the meters... Mr. Cook: I understand, sir, the maintenance. Mayor Suarez: ... because maybe two years from now people will start using that area for parking and in the meantime, maybe, you ought to cut the weeds or something if that's what he is concerned about. Vice Mayor Plummer: It's not being used at all. Mayor Suarez: All right, so put. The fact that they are not being used means that maybe, it makes sense to remove them. I know that you can replant them, for the lack of a better word... Vice Mayor Plummer: Leave the poles. Mayor Suarez: ... you've been known to do that. Mr. Cook: And I think you're talking about... Commissioner Alonso: When they remove them, they leave the poles. Vice Mayor Plummer: Yes. Commissioner Alonso: When you remove a parking meter, can you remove also the tube? For example, in 8th Street, I can think of many of them, it looks awful. It's even dangerous, I think. Mayor Suarez: Doesn't look good in certain areas of the City or generally to leave the poles there, so I mean, and it's a lot less expensive I guess to remove the... Mr. Cook: There are certain times that we remove the meters and certain times we remove both of them. Commissioner, I'll look at Southwest 8th Street and give you an answer. Vice Mayor Plummer: I guarantee you, you're paying... Commissioner Alonso: All through the City of Miami. As an example, I gave 8th Street but I have seen it all over the City. Vice Mayor Plummer: It's also a liability. Mr. Cook: We will try to get you... I will get you a response. Vice Mayor Plummer: Your maintenance on those are probably higher than what you're taking in, I know it's the case, if you have any maintenance at all. Vice Mayor Plummer: My final question is to that in relation to the parking structure. I haven't heard a word of what you're going to do with Gusman Hall. Gusman Hall is another two hundred, three hundred, four... how much subsidy this year in your budget? 93 October 24, 1991 Mr. Cook: Two hundred thousand. Vice Mayor Plummer: Another two hundred thousand on a building that's about to fall apart, and nobody has the money to renovate. Mr. Cook: Commissioner, at the last meeting you expressed some concern about that. You approved the Olympia/Gusman budget at that time, but you expressed some concern about that. Vice Mayor Plummer: Every year, sir. Mr. Cook: And we made a commitment this year that we will get a report put together on both the Olympia and Gusman, and we will have it to you all as quickly as we can. We are looking for some people to do that report now. We're going to use some private citizens to do it, we will deliver a report to this Commission and allow you to look at it, that report would tell you what the City has subsidized Gusman/Olympia for... Vice Mayor Plummer: I don't want to hear that. Mr. Cook: ... in the past, and what we think it will be in the future, and then we will shelf that. Vice Mayor Plummer: I don't want to hear that. I want to hear what are you going to do to eliminate the subsidy. Not telling me how much subsidy I am — going to have to pay in the future. I want to eliminate that subsidy. If I said it before, I'll say it again, give the thing back to the Gusman family. Now... and I want to tell you that somebody sent me a message that they are interested in taking it back. Put it back on the tax rolls. Mr. Odio: Agreed. Vice Mayor Plummer: Now, I don't want to hear... Clark, you're a good businessman. You are coming here to me today asking me to give you eight hundred thousand dollars ($800,000) of subsidy. I don't want to hear that. I don't want to hear that anymore, enough. Now, if in fact, we can't do anything with the Gusman Hall, nobody wants to spend the money to fix it up, and we've got to continue subsidy, let's give it back. But I don't want to go another year. Mr. Cook: Commissioner... Mayor Suarez: There are all kinds of indications that people will spend even more money, because he is giving the impression nobody is spending any money on Gusman, quite a bit has been spent in the last few years, but even more, J.L., to bring it totally up to grade, and then we still have the issue of this wrap around building that is the Olympia building. And there are all kinds of ideas floating around on that. Mr. Cook: We're going to put a report together of which I believe... Vice Mayor Plummer: But when? 94 October 24, 1991 U Mr. Cook: ..* and we will do it as quickly as we can. rU Mayor Suarez: And see about the nonprofit sector, including the people who have donated the building, others who have a great deal of interest, people sometimes when they are allowed to participate and run something, they take a more active interest in it, they contribute to it, they become... Mr. Cook: "Friends of Gusman" have been very generous in the long run to Gusman. Mayor Suarez: I know. Vice Mayor Plummer: But you see, "Friends of Gusman" are still costing my taxpayers two hundred thousand dollars. Mayor Suarez: We have a "Friends of Gusman," we have the "Enemies of Gusman," and we've got the "chairman" right here to my left. Vice Mayor Plummer: No, no, no. You've got J.L. Plummer, a taxpayer. Mr. Cook: I will try to respond to Commissioner Plummer, and as well as the rest of this Commission, and with a report. Vice Mayor Plummer: Look, excuse me. I want a report back in ninety days. Mr. Cook: Thank you. It will take at least that long. If you want it in ninety days, I will get it in ninety days for you. Mr. Cook: No, sir. You want your budget approved for ninety days? Mr. Cook: Yes. No, I would prefer to have my budget approved now. Vice Mayor Plummer: You have a report back in ninety days. Mr. Cook: I'll commit to you that... I'll report in ninety days. Mayor Suarez: Clark, if I may inquire. The people who manage the parking structures and surface parking, do they have any different kind of training...? Vice Mayor Plummer: Forget it. No, no, they have no training, none. Mayor Suarez: Wait, wait. From the ones that are the parking meter... Mr. Cook: Enforcement people. Mayor Suarez: ... enforcement people - I don't like to use the classic term which I think has some built in... Vice Mayor Plummer: Yes, Mr. Mayor, they have about an hour and -a -half, that's to put their uniform on, a pencil and a pad... Mayor Suarez: Well, my experience has been a lot better with the ones that sit in the little gate there, you know, and sort of take care of buildings and 95 October 24, 1991 surface parking than what I hear out there of people having confrontations with the classic meter enforcement official, who for once, they remind me of - well, I won't tell you what they remind me of, but they seem unable to smile... do they for example, the meter people have little maps of all the parking structure in line with your marketing strategy? Mr. Cook: Yes, they do. That's part of our strategy. Mayor Suarez: If I asked... if I went to one of them and said, where is the nearest...? Mr. Cook: That's part of our marketing strategy. Mayor Suarez: Do they have it now in their back pocket somewhere? Mr. Cook: They should have it in their back pocket, yes. Mayor Suarez: OK. Vice Mayor Plummer: And you know what? Mayor Suarez: Yes. Vice Mayor Plummer: That's called osmosis because it's in their back pocket and you know where it osmosis to. It's not their brain. Mr. Cook: Mr. Mayor. Mayor Suarez: OK. Are we continuing to improve the training... Mr. Cook: We are. Vice Mayor Plummer: Forget it. Mayor Suarez: ... the attitude, the friendliness, the courtesy, the helpfulness, et cetera, to tourist of...? these people... Mr. Cook: Yes. Mayor Suarez: It used to be worse. I think we used to have battles... Mr. Cook: I will tell you that I looked at the program the other day, I thought the program... they did have a good training program, particularly in the enforcement area, and we have looked at improving that program. I spoke with the Downtown Merchants' Association Parking Committee, I asked for their input, and what they thought, I talked to the Bayside people about their thoughts, Bayside suggested some additional training which we are going to do. Mayor Suarez: Have you looked at the DDA proposal of having some of these people, maybe, be college students or Miami Dade... Mr. Cook: Yes, we have. 96 October 24, 1991 Mayor Suarez: ... and being on roller skates, and being dressed in a way that invites people to ask them questions and where to go and so on? Mr. Cook: I sent a copy of a letter to, I think, to everyone and saying that that was something that was being proposed, and that we would look at that very favorably and see what we could do. And we thought that had some great merits. Mayor Suarez: They seem like silly things but just sometimes these little changes, changes their entire attitude. They are not people whose lives it is are centered around collecting and giving tickets, but to help people, and to orient tourist, and even merchants, you know, to work with people. Vice Mayor Plummer: But how do you give these people common sense? Mayor Suarez: Well, we hopefully have a common sense executive director here who knows that his job is on the line, longevity, and all of that, that Vice Mayor was talking about. All righty. Anything further from the Commission? If not, Mr. Gonzalez-Goenaga, sir, go ahead quickly. Vice Mayor Plummer: And after all that, I'll vote no. Mr. M. Gonzalez-Goenaga: Quickly, but let me explain, and I am accusing now that authority of fraud. Let me explain. It happened to me personally. I was parked in downtown in one building, not in one building, in one of those meter things, and before - sir, I hope you hear this because this is extremely important, because this is the citizens' strangulation. I saw, and this happened to me - two different examples I am going to explain here, right before the little thing when totally expire violation, I got a parking ticket. Why? They are not that stupid for some things, those handlers who put on the tickets. Because she probably had to follow the other ones, and she probably thought that I was not going to be there in one minute. But - I'm sorry, I don't think you are... this is... I am addressing to you, your honor. Mr. Cook: I'm listening, sir. Mr. Gonzalez-Goenaga: You better listen. Mr. Cook: I will. Mayor Suarez: Finish your statement. Mr. Gonzalez-Goenaga: Oh, no, so you don't believe me? OK? Mayor Suarez: Finish your statement, sir. Mr. Gonzalez-Goenaga: OK. Number one - no, I have to explain two situations that happened to me. Mayor Suarez: Finish it quickly and don't admonish anybody or require anybody to listen to you, because it is an impossible task to listen to you, sir. Go ahead and finish. 97 October 24, 1991 Mr. Gonzalez-Goenaga: In other words, that the... they put the tax... COMO SE LLAMA... complaints or whatever before the... Commissioner Alonso: I think he is asking for credit. Mayor Suarez: All right, we heard that part. Mr. Gonzalez-Goenaga: OK, that's number one. Number two, I was parked specifically in the 32nd Avenue, in Miami Herald, on this side. Commissioner Alonso: Oh, that was a wrong location. Mr. Gonzalez-Goenaga: Thirty-second Avenue, and one of those girls did give a ticket to me. And when I tried to find out because there was an employee of the Miami Herald who saw when she was giving the ticket to me - and look, it's still, you know, on, not the yellow. Mayor Suarez: You still had time left on the meter? Mayor Suarez: No, no, no, my time is up but if you are not interested, Mayor... Mayor Suarez: I am talking about your parking meter. I said, you still had time left on your meter. You were trying to explain it, I was trying to help you. Mr. Gonzalez-Goenaga: Right, I'm sorry, for one thing you won, and I beg excuses, Mr. Mayor. Mayor Suarez: All right. Mr. Gonzalez-Goenaga: And then I ran to the Police Department, my friends, and they told me, no, this is the Off -Street Parking. And I went to the Off - Street Parking, and you know what they gave me the ticket for, because they claimed, they claimed that I had an expired licence plate. But what they failed to realize, that stupid girl, is that the new license plate was inside the car very clearly seen. It was that same day, and I did not have the mechanics because I am not a... I didn't have the mechanics to take off the previous license plate, and then I got a ticket. But when I raised so much hell in the Off -Street Parking, they somewhere, they retracted my ticket. Mayor Suarez: Very good. Mr. Gonzalez-Goenaga: So let's start, because you people concerned about money, more income, more income, but this income comes from the strangulations of the citizens. Mayor Suarez: All right, anything further? Mr. Gonzalez-Goenaga: Don't you think that's enough? Mayor Suarez: That's plenty enough for me. Mr. Gonzalez-Goenaga: Because these are two experiences. October 24, 1991 Mayor Suarez: All right. Mr. Gonzalez-Goenaga: If you open the microphones, Mayor, and go to the radio station, you will see how many complaints you will hear from that Off -Street Parking. Mayor Suarez: I'd certainly agrees that you get a lot of complaints about that particular agency, partly because of the other reason you stated, which is that they have an unpleasant task of finding people. All right, anything further or not, sir? Mr. Gonzalez-Goenaga: I think that's more than enough. - On this issue. Mayor Suarez: Very good, please sit down. Go ahead, sir, counselor. Mr. Al Crespo: Good afternoon, Mr. Mayor, Commissioners, I am here on another issue but it dawned on me that talking about the Gusman Hall... there has been talk in the past of others in Miami - as you know, I am in the film business here in South Florida, and the fact of trying to encourage film production and also theater production in Miami. And given the fact that you have a theater which is under -used, and given the fact that you have an office building... Mayor Suarez: Don't conclude that very easily. We had about two hundred night uses last year. Mr. Crespo: Well, it's still a hundred -and -fifty that's... Mayor Suarez: Well, it takes a while to get it set from one... Mr. Crespo: Yes. But you have an office building I understand, it's also... Mayor Suarez: Yes, that definitely is under -used. In fact, it's not used at all, the office building there. Mr. Crespo: That you could try to perhaps... Mayor Suarez: Doesn't look like much and it cost three hundred thousand dollars a year to maintain, I understand. Mr. Crespo: ... that perhaps you could try to encourage smaller theater companies, smaller production companies to try to become tenants in that building and use that building as an incubation center to try to create projects. Mayor Suarez: Yes, except that they... that's an interesting idea, except they all want free space, they don't want to pay. Mr. Crespo: Well... Vice Mayor Plummer: If termites unfold their arms, the walls fall down. Mr. Crespo: OK. No, I just though of that because of that... 99 October 24, 1991 Mayor Suarez: Yes, they want a little bit more help than that. They are so little lucrative, you know, so minimally lucrative that they want free space and then they want us to take care of all the improvements as Vice Mayor just stated. It's a "catch 22" situation. The basic facility there at Gusman is extremely useful, productive, and even marginally profitable. And the State has been giving us a lot of money to fix it. I mean, it doesn't look at all like it used to look. Vice Mayor Plummer: Mr. Mayor, what I am... Mayor Suarez: The other building adjoining it is kind of useless, but what can you do. Vice Mayor Plummer: Mr. Mayor, what I think I am trying to say is this. If we give that building back to the Gusman family, instead of paying out two hundred thousand of subsidy, we'll be getting two hundred thousands of tax revenue. Mayor Suarez: If it could be done it would be something interesting to explore and I think you are hoping to explore that. Mr. Cook: I am in the process of exploring it, ,des. Mayor Suarez: All right. On the item then, we have a motion. Vice Mayor Plummer: For another thirty days? Mayor Suarez: I thought you were going to approve the budget subject to a hundred -and -fifty thousand dollars ($150,000) being earmarked? Vice Mayor Plummer: Subject to that, and that's got to be back with an answer in thirty days. Mayor Suarez: Where it's going to come from, OK. Vice Mayor Plummer: And ninety days in reference to Parking Garage Five and Gusman Hall, I move their budget. Mayor Suarez: So moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any further discussion? If not, please call the roll. Vice Mayor Plummer: And they will also address within thirty days, the vendors. Mayor Suarez: Call the roll. 100 October 24, 1991 ILX_ Ll a The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 91-768 A RESOLUTION, WITH ATTACHMENT(S), APPROVING THE ADOPTING THE REMAINING ELEVEN -TWELFTHS OF THE ANNUAL BUDGET OF THE DEPARTMENT OF OFF-STREET PARKING ("DOSP") FOR THE PERIOD COMMENCING NOVEMBER 1, 1991 AND ENDING SEPTEMBER 30, 1992, SUBJECT TO THE FOLLOWING CONDITIONS: (1) DOSP SHALL ADVISE THE CITY COMMISSION WITHIN THIRTY (30) DAYS FROM THE DATE HEREOF OF HOW DOSP CAN CONTRIBUTE $150,000 TO RESOLVING THE HOMELESS PROBLEMS IN THE AREAS SERVICED BY DOSP PARKING FACILITIES (PARTICULARLY IN THE DOWNTOWN AREA); (2) DOSP SHALL PROVIDE A REPORT TO THE CITY COMMISSION WITHIN NINETY (90) DAYS FROM THE DATE HEREOF ADDRESSING HOW TO REDUCE OR ELIMINATE THE ANNUAL SUBSIDY FROM THE CITY FOR MUNICIPAL PARKING GARAGE NO. 5 LOCATED AT 270 NORTHWEST 2ND STREET, MIAMI, FLORIDA; (3) DOSP SHALL PROVIDE A REPORT TO THE CITY COMMISSION WITHIN NINETY (90) DAYS FROM THE DATE HEREOF ADDRESSING THE ELIMINATION OF THE SUBSIDY FROM THE CITY FOR THE G & 0 ENTERPRISE FUND AND (4) DOSP SHALL ADDRESS, WITHIN THIRTY (30) DAYS FROM THE DATE HEREOF, THE ISSUE OF VENDORS LOCATED IN THE MEDIAN OF BISCAYNE BOULEVARD. (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 Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Commissioner Miller J. Dawkins. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Vice Mayor Plummer: Mr. Cook, we would like to congratulate you on your first budget, sir, and may the ones in the future be a little bit more difficult, I vote yes. 101 October 24, 1991 13. INSTRUCT MANAGER TO INSPECT FACILITIES AT GRAND AVENUE PARK AND MAKE NECESSARY RENOVATIONS AND IMPROVEMENTS TO BRING THE FACILITIES UP TO THE STANDARD OF HADLEY, JOSE MARTI, AND SHENANDOAH PARKS (See label 15). ------------------------------------------------------------------------------: Mayor Suarez: Esther Armbrister, item 11. Can we expedite some of this, Mr. Manager? Have you looked at the...? Mr. Odio: Yes. We know what Ms. Armbrister want. What the problem is Mr. Mayor, is that what they are asking for now is over the amounts that we had allocated for each park. And I think it's about eighty thousand dollars more of work that they want which we don't have at this time. But we did all the work that was allocated for that park. Mayor Suarez: Ms. Armbrister. Ms. Esther Mae Armbrister: Good afternoon, my name is Esther Mae Armbrister, I live at 3350 Charles Avenue. We are down here to get money to do the park with. To begin with, you hired an incompetent contractor. And this has been going on now for the past eighteen and -a -half months, and we cannot understand how you think that we can use that building as it is. Now, as far as the contractor using what money that you had given him - I know you don't get much money and a salary, but we would appreciate you taking time and coming down there and doing a walk-through, and see for yourself what kind of messy work that that guy has done. And you turn right around again and hired him to do another park, and another park, and another park. That's what you're doing. And you do... Mayor Suarez: Do we have - let me ask a question, do we have a claim? Have we reviewed the work and have a claim against him or his bond company or his insurance company? Do we agree that the work was shoddy? Mr. Luis Prieto: Basically, some of her allegations are correct. He has taken a long time; he was a low bidder; we have to work with low bidders. The contract is under... Vice Mayor Plummer: No, no, wait a minute now. Whoa! Low and most responsible. Mr. Prieto: Yes, sir. But he... Vice Mayor Plummer: No, no, no. That's a very important word. Mayor Suarez: And presumably bondable to the full amount of the contract, no? Mr. Prieto: Yes. However, every time we have a contract underneath two hundred thousand dollars ($200,000) we have. always rejected having a performance bond. We have very... Mayor Suarez: OK. We have no bond on that. The simple answer is we tried to help the small and minority contractors... 102 October 24, 1991 Mr. Prieto% Right. It's difficult. Mayor Suarez: ..6 and we waived the requirement t:r a bond. Mr. Prieto: Now, she is right. Mayor Suarez: But we don't waive the right to file claims. R Mr. Prieto: No, sir. And... Mayor Suarez: And I'm still looking for the first claim to be filed by the City of Miami Legal Department against anybody on anything that we can recover some money because we are asked to approve many filed against us. One of these days we are going to ask - do we have any that you're getting ready to file counselor? - just to kind of make us happy here that we can... Mr. Quinn Jones: I can get some additional attorneys. Vice Mayor Plummer: Yes, listen to this. Mayor Suarez: Just got aboard and already he is asking for additional attorneys. Vice Mayor Plummer: Well, he is not going to file any suits. His salary is there whether he files and recovers or not, I mean. Commissioner Alonso: Look at the contingent. Vice Mayor Plummer: Cut his salary in half and put the rest on a percentage, he'll find some. Mayor Suarez: All right, any claims that we exert against these contractors to improve the shoddy workmanship that is being alleged. Mr. Prieto: Mr. Mayor, he has now finished the contract. We have closed that contract, we have gone over many items many times with him. I personally have been at that park dozens of times. Mayor Suarez: The law gives you how many years to exert a claim for workmanship on a...? Mr. Prieto: We have a statute to limitations, but basically, we prefer to work with them. Mayor Suarez: And that has not run, I'm sure, has it doctor? Mr. Prieto: No, sir. No, actually... Mayor Suarez: All right. So, don't give the impression of the contract is closed, meaning we cannot threaten lawsuit if they don't fix things that they did improperly. 103 October 24, 1991 Mr. Prieto: We have finished all the items. We would rather have had a much finer piece of work. We are now satisfied with what we have there. Ms. Armbrister: No, no. Mr. Prieto: But basically, all the items in the contract have been closed down, except for a few items that are not strictly in the contract. We feel now that the contract is finished. However, we do have guarantees on this work. As soon as we have any further complaints, we will go back in there with this contractor. This same contractor is in Virrick Park and unfortunately, we are having to hound him there too. Mayor Suarez: All right. Commissioner Dawkins. Commissioner Dawkins: Sir, you say that... Ms. Armbrister: You're wrong. Commissioner Dawkins: You said that you have inspected the work and that you are satisfied with the finished product. Is that a correct statement? Mr. Prieto: He has complied with the contract. I'm not personally satisfied. However, strictly speaking... Commissioner Dawkins: Why are we accepting the work that he has completed if you are not completely satisfied? Mr. Prieto: Because there is a distinction between what we consider to be outstanding work and what the contract calls for. Ms. Armbrister: Oh my God! Mr. Prieto: The contract is a minimum requirement. Commissioner Dawkins: So therefore... so then... well then let's don't discuss what you feel is adequate or inadequate. Let's say that the contract has been finished according to specifications. Mr. Prieto: Yes, sir, that's right. Ms. Armbrister: Oh, no. Commissioner Dawkins: Is that a correct statement? Mr. Prieto: Yes, that a correct statement? Ms. Armbrister: Oh no. Commissioner Dawkins: All right, go right ahead, ma'am. l Mayor Suarez: All right. Ms. Armbrister: Now, let me tell you - I don't know, I think I am older than any of you all sitting up there. The bathrooms out there look like the i e —� 104 October 24, 1991 i bathrooms that we used to go to back in slavery time, back in the early 1920s when you had one for the white and one for the blacks. If you are satisfied with that, then you need to go back and you need to accept that 1n your house that those people have done. Now, you've got to be sick. You have got to be sick. Commissioner Alonso went down there and she saw the condition. Now, if you want to accept it, then you have that guy come in your house and do your house like the park is. Who do you think you are? We are not going to accept that kind of shoddy work just because we are black. We are not going to do it. Commissioner Alonso: She is right. It's awful. Commissioner Dawkins: Ms. Armbrister, he did not say that that was what he wanted. He is saying that this Commission, which you should be arguing at and not him... Ms. Armbrister: What... Commissioner Dawkins: Wait, darling. Ms. Armbrister: OK. Commissioner Dawkins: ... accepted a bid to give us, in that neighborhood shoddy work, and that's what we accepted the bid to do, and that's all the man had to do because this Commission accepted that bid, and he is only paid to go around and see that what we accepted was done. Vice Mayor Plummer: Oh, good. Commissioner Dawkins: So, we are the ones, I mean, we are the ones you should be arguing at Ms. Armbrister. Ms. Armbrister: OK. Well you hired him - excuse me, you hired him because you thought that he was competent enough to do what he is supposed to be doing. And you are paying him for work that he does, what he is doing, and you need to get somebody else if he acts... if he - I'm surprised at you. Commissioner Alonso: I have some questions. Ms. Armbrister: I swear, I am surprised at this intelligent man. Mayor Suarez: All right, don't take it to the personal level. Commissioner Alonso: She is angry, she is right. Ms. Armbrister: I can't help it. Mayor Suarez: Tell us what else you think is not completed in accordance with what you consider good workmanship. Ms. Armbrister: It's not completed. If he will... Commissioner Alonso: May I ask some questions, please? 105 October 24, 1991 Mayor Suarez: All right, Commissioner Alonso. Commissioner Alonso: Yes. Dr. Prieto. Mr. Prieto: Yes, ma'am. Ms. Armbrister: I swear. Commissioner Alonso: I have not been there after you made the final inspection. I want to ask you some questions. Are the tiles exactly the same way I saw them, exactly? Ms. Armbrister: It's still. Mr. Prieto: Yes, they are. Commissioner Alonso: She is saying, yes. It's awful. Mr. Prieto: Yes. And as you know... Commissioner Alonso: It was not appropriate, and I am sure this Commission would not have approved any contract knowing that the end result was going to be the way that the bathrooms are looking. What about the pieces of wood that termite has eaten? Have they been replaced? Ms. Armbrister: No. I looked again myself. Commissioner Alonso: Then everything we saw stayed the same? � Ms. Armbrister: Everything is missing. Commissioner Alonso: They didn't do anything after I went there. Ms. Armbrister: He is incompetent too. Mr. Prieto: Commissioner, let me explain on the tile. Commissioner Alonso: Then how in the world did we give the approval? Ms. Armbrister: How can you accept something like that? It looks like Tobacco Road. Do you know what a Tobacco Road looks like? You need to go and see because if you accept that kind of work, I don't know how you got your degree, or why they hired you, because you aren't doing... I'm surprised at you. I really thought you were better. Mayor Suarez: He probably wasn't even the project manager, Ms. Armbrister, he probably wasn't even the project manager. He is a director of a department. All right. Commissioner Alonso: Did we pay to them the full amount? Mr. Prieto: Yes, ma'am. Commissioner Alonso: Why? 106 October 24, 1991 Mayor Suarez: We didn't keep an retainer of ten percent, or anything, Dr. Prieto? Mr. Prieto: Let me explain. This contractor did the work as we specified it. In the bathrooms, it was to replace broken tiles. He did exactly that. He replaced the tiles with tiles that the colors do not match. Ms. Armbrister: Looks like a patch quilt. Mr. Prieto: Simply because these tiles are about forty years old. Since these tiles are forty years old, there is no color matching, he did the best he could. If I would have written that contract, which is before I was here, I would have taken down all the tiles and retiled the whole bathroom. Unfortunately, we didn't do that, and that's why that bathroom does not look correct. Mayor Suarez: Well, let's ask the administration then, because it sounds like something here just wasn't planned right, wasn't carried out right, wasn't bid right, wasn't properly paid for. And I see already Diane going like this. Ms. Armbrister: I swear. Commissioner Alonso: How can we improve...? Mayor Suarez: Mr. Lee, since you are sitting there, how can we redress this and get... Ms. Armbrister: He went down there too. Mayor Suarez: ... at least the basic items that Mrs. Armbrister is referring to that at least one of our Commissioners have seen in person? How can we straighten that out and allocate some funds? Where can you find funds from the park's fund, from the operating funds, from the salaries of people who hopefully, will retire, somewhere in parks that we can get this done right? Mr. Wally Lee: We'll have to look, Mr. Mayor, but all the funds that were allocated for park renovations and construction have been allocated. There is nothing in that fund. Mayor Suarez: Well, how much would you estimate that to put this the way one would find 1t up to normal grade and quality? Mr. Prieto: For what she wants... Mayor Suarez: Right. Mr. Prieto: ... if we're strictly speaking on the old contract... Mayor Suarez: Right. Ms. Armbrister: What we need. 107 October 24, 1991 Mr. Prieto: this... Mayor Suarez: money here. LI ... we're talking around ten to twelve thousand dollars. And I mean that's... we are not talking about a huge amount of Commissioner Dawkins: OK, let me... Mr. Mayor. Mayor Suarez: Yes, Commissioner. Mr. Prieto: For the bathrooms, yes. However... Commissioner Dawkins: Let me make a motion, please? Mayor Suarez: Please, yes. Commissioner Dawkins: I feel that, I mean I am very hurt, as Commissioner Alonso said, that the administration would bring a contract to us to approve to do shoddy work like this. Now, I want... I am going to make a motion that somebody go out there and find out how to bring this park up to the same standards of the bathroom in Bayfront Park, and bring up the field... Mayor Suarez: Hadley Park. Commissioner Dawkins: ... the field the same as the pretty green grass in Hadley Park. And that the trees be planted like the pretty trees in Jose Marti... Commissioner Alonso: Not like the green swimming pool. Commissioner Dawkins: ... and then come back and tell us what it will cost, and then we have to do like everybody else around here, find how to - and I don't have a problem, because see, the Manager told me that with his - what do you all call it, early retirement? - he was saving money. Ms. Armbrister: Yes. Commissioner Dawkins: See, you all say, when we get people to retire early, we're saving money, so you all got some money. And that's my motion. Ms. Armbrister: Let me add one other thing. Mayor Suarez: One last thing, please, because we've got a few other items today. Ms. Armbrister: OK. Vice Mayor Plummer: Why did you have to bring up Bayfront Park? - you sorry devil. Ms. Armbrister: And whoever you get, for God's sake, for the children's sake, for community sake, please, please, let them be competent. And please, please, have somebody go out there and watch thein night and day. 108 October 24, 1991 Mayor Suarez: That may be partly our fault as Commissioner Dawkins indicated. Commissioner Dawkins: Mr. Mayor, I'd like to... Ms. Armbrister: Both parks. Mayor Suarez: We bend over backwards to get these contracts into the hands of small minority contractors and you know, waive bonding requirements, et cetera, so we can't blame that on Public Works, but you are entirely right. 'l Commissioner Alonso: Was this a minority contractor? Commissioner Dawkins: Mr. Mayor, let me amend my motion. Mr. Lee: There is an amendment already. Mayor Suarez: Commissioner Dawkins, yes, amend it. Commissioner Dawkins: I want to amend my motion to say that this park be brought up to the standards of Hadley Park, Jose Marti, Shenandoah... Mayor Suarez: Bayfront? Commissioner Dawkins: ... and no, let's - well, I pick on Bayfront Park so much, I'm going to leave them alone today. Mayor Suarez: All right, leave Bayfront out. Commissioner Dawkins: I'll leave them out because they've got a problem with the fountain and all. Mayor Suarez: And I'm not sure we want to bring up things up to... Commissioner Dawkins: OK. See, so, let's leave that alone. Mayor Suarez: Well, we promised not to. Commissioner Dawkins: See, but let's find out how to make this park compatible, so when a person goes from one Mr. Mayor, to the other, that the person feels that he is still in a park within the City of Miami. Mayor Suarez: Got it. Commissioner Dawkins: That's my motion. Mayor Suarez: So moved. Vice Mayor Plummer: Second. Mayor Suarez: Second. Any further discussion? If not, please call the roll. Commissioner Alonso: Yes, I have one question. Mayor Suarez: Yes, Commissioner Alonso. 109 October 24, 1991 Mr. Prieto: That list has been completed. Commissioner Alonso: So, in fact, we know exactly what we have to do. Mr. Prieto: Yes, we've completed it, yes. Commissioner Alonso: Because I remembered, we prepared a list, went item by Item, she showed us, we wrote that down, we were going to take care of the problems. Mr. Prieto: A lot of items have been taken care that were not even in the contract, and so... Ms. Armbrister: Oh no. Commissioner Alonso: OK. I'll go back with you to the park. Mr. Prieto: Yes.. We'd be glad to do that. Mayor Suarez: Mr. Ruder, I think it's not particularly related to the motion but Commissioner Alonso alluded to Marti Park's pool. Commissioner Alonso: It was green. Mayor Suarez: I understand that, I presumed that you have let everyone of your employees, or everyone of the employees in the department know that part of their function is to clean pools, if they happen to be lifeguards, or park directors, or assistant park department directors, or directors of the Parks Department, or assistant City Managers, or City Managers, because pretty soon, it's going to be up to us to go out there with a little net and start picking up stuff from pools. Commissioner Alonso: And brush. Mayor Suarez: And I presume all your employees know that's part of their lives too, right? Mr. Ruder: Yes, they do. Mayor Suarez: There are no limitations on the task that we assign to people. Mr. Ruder: Right. Mayor Suarez: Just get the parks looking... and they have improved a great deal since you have been the director. Mr. Ruder: OK. Thank you. Mayor Suarez: We are pleased with that, don't get me wrong. In fact, I just sent a complimentary memo on the flag football that you have initiated. We 110 October 24, 1991 actually have many sports programs in the park nowadays which is nice to hear. All right, we're going to vote on the motion that hopefully, we'll get some of this done although we haven't already identified where the money is going to come from, but we assume that they will find it. Ms. Armbrister: One other thing too is, you're not saying very much about Virrick Park. It is 1n a bad state. Mayor Suarez: Where are we on Virrick Park to complete the improvements? Mr. Prieto: We are still going through the punch list now. We are not in a position now to discuss finalizing. Mayor Suarez: When will we be in a position to discuss the final...? Mr. Prieto: We are trying to push the contractor. Ms. Armbrister: Eighteen months. Mr. Prieto: No, we are stilt finished. We are still going through the punch list. We are pushing the contractor to finish. Ms. Armbrister: This has been going on, for eighteen months we have been without a park in Coconut Grove. That man was supposed to have done it in sixty or ninety days. Mr. Prieto: I agree. Mr. Armbrister: I don't know what kind of time he counts as sixty or ninety days, but it's been eighteen months. And you know, I'm surprised at you. Mr. Prieto: I agree with the... Ms. Armbrister: Golly, Mosesl Mr. Prieto: ... with Ms. Armbrister. Vice Mayor Plummer: Oh, wait a minute. Is this the same contractor? Mr. Prieto: Yes, sir. Commissioner Alonso: Yes. Ms. Armbrister: The same one... Vice Mayor Plummer: Wait a minute. Is there not a penalty for not completion on time? Commissioner Alonso: Yes, we give another contract. Mr. Prieto: Only if we have a performance bond. We have waived these performance bonds. Mayor Suarez: No, no, no, we have an ordinance. 111 October 24, 1991 Vice Mayor Plummer: No, no, performance bond only guarantees we get our money without question. Mayor Suarez: Right. Mr. Priem: Yes. } Vice Mayor Plummer: Now how much is the penalty if he doesn't complete the work? Mayor Suarez: And we get it from a third party insured. This is directly from the contractor's compensation. I think it was one... Vice Mayor Plummer: One -tenth of one percent. Mayor Suarez: ... tenth of one percent, or one one hundred to one percent, one of the two. Mr. Prieto: We have not exercised that. We want the contractor to finish the Job. Vice Mayor Plummer: Why not? Mr. Prieto: Because we prefer to finish the job. Vice Mayor Plummer: Well, he has taken eighteen months for a ninety day project. Mayor Suarez: Notify him... Ms. Armbrister: Right. Vice Mayor Plummer: Is that an assumption he is not? _ Mr. Prieto: Many of the delays were not the fault of the contractor. Mayor Suarez: Attributable to the contractor. Mr. Prieto: The City is also partially at fault because of redesign and new items that were added on. So it's not exactly a clear cut picture. We would rather... Mayor Suarez: Who is the project manager for that? Is there someone that one can say is the one that's keeping an eye on the Virrick improvements? Mr. Prieto: Yes, sir, my assistant director. Mayor Suarez: Who's that? Mr. Prieto: John Jackson. Ms. Armbrister: Oh, my Lord! 112 October 24, 1991 Mayor Suarez: Can we... please. Can we assume that that individual, Mr. Jackson, the assistant director is really, really up to speed on everything that's happening there? Mr. Prieto: Yes sir. Vice Mayor Plummer: Does he believe in longevity? Mr. Prieto: Yes, sir. He spends a lot of time on these jobs. Vice Mayor Plummer: You tell him it's in jeopardy. Mayor Suarez: All right. And then maybe, you have him once a week or so talk to Ms. Armbrister, apparently, she is keeping an eye on him more than we are. Ms. Armbrister: I certain am, because I live there. Mayor Suarez: Yes. Ms. Armbrister: And we are determined that we are going to get just the same thing as all the rest of them. Mayor Suarez: All right. Ms. Armbrister: We are just as good, and we are older than the rest of them. Mayor Suarez: You got it. Ms. Armbrister: And why we are being mistreated like children - you can forget it. This is going to be done or else. Now, you can take him down, I don't care who you take down, just as the parks are completed. We have people there in a sewing class, we haven't been able to even go back to upholstering class. I had trouble with Dade County in putting in the right kind of machines in there, so Dade County School Board has done that. Not the City. You know, I am surprised that you're not going to have a suit, because somebody need to sue you all on unmercifully, because the furniture have been damaged, and the material that they upholstered... Mayor Suarez: No, don't suggest anybody to sue us, please. We've got enough of those. Commissioner Alonso: Don't give them ideas. Mayor Suarez: Don't give them any ideas. All right, call the roll on the item. Vice Mayor Plummer: There went your park improvements. Ms. Armbrister: Thank you very much. Mayor Suarez: the parks. Thank you, Ms. Armbrister, keeping a... being a watchdog for 113 October 24, 1991 The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 91-769 �3 A MOTION INSTRUCTING THE CITY MANAGER TO INSPECT THE FACILITIES AT GRANT AVENUE PARK AND MAKE ALL REQUIRED AND NECESSARY RENOVATIONS IN ORDER TO HAVE SAID FACILITIES IN AS GOOD A CONDITION AS THOSE PRESENTLY ENJOYED AT THE BAYSIDE, HADLEY, SHENANDOAH AND JOSE MARTI PARKS; FURTHER REQUESTING THE MANAGER TO INFORM i[ THE COMMISSION AS TO COSTS AND TO MAKE A RECOMMENDATION AS TO FUNDING. 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. Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Vice Mayor Plummer: Dr. Prieto, don't leave. COMMENTS MADE AFTER ROLL CALL: Vice Mayor Plummer: Dr. Prieto. Dr. Prieto: Sir. Mr. Alston J. Scott: Mr. Mayor. Vice Mayor Plummer: On SW 8th Street with all the battle of the royal palms, in front of Casablanca Restaurant. Dr. Prieto: Yes. Vice Mayor Plummer: There is a beautiful string of royal palms except for one that's bumping up against the building. Why is the entire block got royal palms, but one spot is still a black olive? Commissioner Alonso: And you selected one. Mr. Odio: We were flat out told not to remove it. Vice Mayor Plummer: Would you do me a favor since I eat at Casablanca? Would you put one in somewhere else and put a royal palm in there? I'm catching hell every time I go to dinner. 114 October 24, 1991 �s3q+a+uti1�.; a Mr. Prieto: Is that all right with you, Commissioner? Vice Mayor Plummer: "Petri" is going to get you. Commissioner Alonso: She will, believe me. Vice Mayor Plummer: Switch it around, please. Mr. Prieto: Is that all right? Yes, sir. Vice Mayor Plummer: Thank you. Commissioner Alonso: Switch it around, don't kill anymore trees, but place it somewhere else. Vice Mayor Plummer: Please. Mr. Prieto: I'll do that. Commissioner Alonso: OK. Vice Mayor Plummer: Next item. NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY TABLES CONSIDERATION OF REGULAR AGENDA ITEMS IN ORDER TO CONSIDER AN ITEM FROM THE PLANNING AND ZONING PORTION OF THE AGENDA. ------------------------------------------------------------------------------ 14. BRIEFLY DISCUSS PROPOSED RESOLUTION TO AMEND ZONING COVENANT FOR PROPERTY OWNED BY FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR SUNRISE SAVINGS AND LOAN ASSOCIATION, AT S.E. CORNER OF S.W. 27 TO 25 AVENUES AND S.W. 22 STREET TO 22 TERRACE. (Note: This item was withdrawn by applicant.) ------------------------------------------------------------------------------ Vice Mayor Plummer: Excuse me, Mr. Mayor, we are in receipt of a letter that people might be here and unaware of this letter. Commissioner Alonso: I know, they are. Vice Mayor Plummer: They could go home. It is my understanding - let me read It if I may. Mayor Suarez: Please do. 115 October 24, 1991 Vice Mayor Plummer: Item 11, which is the item of 2226 SW 25th Avenue commonly referred to as the Winn Dixie site, snd that has been withdrawn. There will be nothing done on that today; it is a dead item; go home; enjoy your dinner and television, it is no more. Mayor Suarez: Right. Do we need, counselor, to put anything into the record on that? Vice Mayor Plummer: Just the letter. Mayor Suarez: As long as it's withdrawn, I think technically, it is withdrawn, it's no longer within our jurisdiction other than to do what Vice Mayor just did, right? Vice Mayor Plummer: I assume we submit the letter and that suffices. Mr. Santiago Echevarria: Why don't we acknowledge the withdrawal by a vote? Vice Mayor Plummer: OK. Well, you want that? I'll move that we approve the withdrawal of the item. Do they want it? Commissioner Alonso: OK, I second it. We don't need to vote, but anyway. Commissioner Dawkins: We are withdrawing it in totality, J.L. Commissioner Alonso: Yes. Commissioner Dawkins: It will come back no more. Commissioner Alonso: No more Winn Dixie there. Commissioner De Yurre: You had something to say? Mr. Alston J. Scott: Yes. Vice Mayor Plummer: No, wait, wait. There is a motion on the floor, show the Mayor abstaining. There is a motion on the floor and seconded to this - Commission to acknowledge the withdrawal of that item in total. Is there any further discussion? - and in relation? Hearing none, call the roll. The following motion was introduced by Vice: Mayor Plummer, who moved its adoption: MOTION NO. 91-770 A MOTION TO WITHDRAW AGENDA PZ-11 (PROPOSED RESOLUTION TO APPROVE AMENDMENT TO ZONING COVENANT RUNNING WITH THE LAND, DATED 3/26/85, FOR PROPERTY OWNED BY FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER FOR SUNRISE SAVINGS AND LOAN ASSOCIATION (OiNER) LOCATED AT APPROXIMATELY SOUTHEAST CORNER OF :.W. 27 AVENUE TO S.W. 25 AVENUE AND S.W. 22 STREET TO S.W. 22 TERRACE, MIAMI, FLORIDA. 116 October 24, 1991 Upon being seconded by Commissioner Alonso, 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. e NOES: None. ABSTENTIONS: Mayor Xavier L. Suarez. ABSENT: None. COMMENTS MADE AFTER ROLL CALL: Vice Mayor Plummer: Thank you very much. Go home and watch television. NOTE: AT THIS POINT, THE CITY COMMISSION RESUMES CONSIDERATION OF ITEMS ON THE REGULAR PORTION OF THE AGENDA. 15. (A) (Continued discussion related to label 13) MR. ALSTON SCOTT REQUESTS INFORMATION CONCERNING THE CITY'S POLICY ON ITS AWARDING OF BIDS. (B) DISCUSSION CONCERNING PROPOSED LUCAL OFFICE AND SEMINARS TO DISSEMINATE BID INFORMATION TO MINORITIES. ------------------------------------------------------------------------------ Mayor Suarez: Sir, we never got to you, I think: you were there on item 13, I believe it was . Mr. Alston J. Scott: Yes. Mayor Suarez: Right. - Mr. Scott: My name is Alston Scott, I reside at 3318 Frow Avenue. I am here with Ms. Armbrister because I am aware of what has happened, or what is happening out there. - Mayor Suarez: You win the award for the most spectacular sideburns in the history of the City of Miami since I've been here, certainly. Vice Mayor Plummer: That's lamb chops. 117 October 24, 1991 Mayor Suarez: It comes with a proclamation, we will have it ready for you. Mr. Scott: I want to ask one question. Would you consider hiring a contractor that we recommend? Mayor Suarez: Well, we can't do it strictly on your recommendation but we hope you beat the bushes when we have a contracting situation to find people to bid, and that they be good people. And if they are the lowest bidder or if they are the second lowest bidder, but within ten percent of the lowest bidder, and they are in the City of Miami, they also get it. So those are the things we are looking for. We are looking for those kind of contractors. Good ones, with low bids, local, they get a ten percent preference. Mr. Scott: A contractor residing in, and with his bid, is located in South Miami, would not qualify? Mayor Suarez: Yes, if he is the lowest bidder, sir. Commissioner Alonso: Yes, they... yes. Commissioner Dawkins: He would qualify if he is the low bid but he wouldn't get the ten percent discount. Mayor Suarez: The ten percent preference is given to local City of Miami bidders. Commissioner Dawkins: But if he is a low bidder, yes sir. Mayor Suarez: Sure, absolutely. And we need Help in bringing those bidders out here. Sometimes we don't have enough. Commissioner Alonso: Yes. Mr. Scott: Well, how will we know when it's time to submit those people? Commissioner Alonso: Well, actually, I have even suggested to the City of Miami, and wrote a memo to that effect to have seminars for minorities to inform the people what to do in order to do business with the City of Miami. And we will be... Mayor Suarez: Mr. Manager, please, this is very important. Commissioner Alonso: ... advertising and to mova forward to make it available to all groups, so that they know how we do business and to inform the people because we are very disappointed with our record, at least, in this past year, and I have been talking about this on several occasions. So I wrote a memo to the City Manager and we are working on preparation on seminars to inform the general public, especially minorities. And we certainly can do better because blacks have been zero in some percentage, and in others, two point of six of a the vendors doing business with Miami. So, yes, definitely, we need names and j people who participate in the process. 118 October 24, 1991 Mayor Suarez: Add to that, and along the same lines, the memo that I just submitted to you, Mr. Manager, I'd like to tell the Commission about it, which is the establishment of an actual physical office of minority bidders actually. I think it's got to be open to everybody where people can come in, it could be a clearing house, it could have the notices posted, they could come once a week and pick up their bid advertisement. See, people sometimes r don't hear of a bid going out. Commissioner Alonso: Exactly. And I think that's what is wrong in the system. And in some of the parts that I have suggested in the seminars is an office where they can go, information, simplify the forms, make it available to the people so they can come and do business with us. Mayor Suarez: Some of the smaller contracts, just the form is so complicated that a lot of contractors would just sort of have a disincentive to even get involved in it, because the forms are too complicated. We are trying to also — work on that and help them to fill out the forms and comply with all requirements. _ Mr. Scott: I know a minority contractor who is quite qualified to do excellent work. Mayor Suarez: Very good. Commissioner Alonso: Wonderful, great. Mr. Scott: He did work for our church and his work is superior. And I thank you very much for the information. - Mayor Suarez: I think the person most in charge of that is Judy Carter, and - you may want to contact her right away and tell her that you want to make sure that all your acquaintances, friends, et cetera, who are good contractors are _ in fact, notified. Thank you, sir. t------------------------------------------------------------------------------ - 16. (A) GRANT REQUEST BY LATIN QUARTER ASSOCIATION FOR CLOSURE OF DESIGNATED STREETS CONCERNING "ARROZ CON POLLO 191" FESTIVAL - PERMIT SALE OF BEER AND WINE. (B) BRIEF COMMENTS CONCERNING THE SIXTH FESTIVAL OF ART IN CALLE OCHO. ------------------------------------------------------------------------------ Mayor Suarez: Item 14. Commissioner Alonso: Isn't it 12? Mr. Odio: Excuse me, item 12, Mr. Mayor. Mayor Suarez: I'm sorry, did I miss something? Mr. Odio: Item 12. 119 October 24, 1991 Mayor Suarez: Item 120 Latin Quarter. What do we need to do? Permission to sell beer in connection with Latin Quarter Arroz Con Pollo. Has all this been looked at by the administration? Mr. Odio: We are recommending the street closures and permit to sell beer and wine. Mayor Suarez: That's what I assume that's all they are here for. Mr. Odio: That's all we are recommending. Mayor Suarez: Can have Arroz Con Pollo without beer, right? Moved. Mr. Elio Rojas: Commissioner, please... Mayor Suarez: Wait, wait, wait, we are going to give you some of what you want and then, God knows what else we might or might not give you. Moved and second. Vice Mayor Plummer: Wait a minute. Let's go into a little more debt so we don't get into another Caribbean Festival. What street are you closing? Mr. Odio: Fifteenth Avenue from Southwest 7th Street to 8th Street. Vice Mayor Plummer: Fifteenth Avenue? Mr. Odio: Fifteenth. Vice Mayor Plummer: OK. Mayor Suarez: Just the avenue. Vice Mayor Plummer: And what hours of the day? Commissioner Alonso: Twelve to six. Mr. Odio: It's from 12 noon to 6:00 p.m. Vice Mayor Plummer: And the administration has looked into the matter, and there is nothing else in conflict existing at that particular time? Unidentified Speaker: That's correct. Vice Mayor Plummer: Fine. Mayor Suarez: Call the roll on that motion. 120 October 24, 1991 { Y 3 i i The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 91-771 A RESOLUTION RELATED TO THE LATIN QUARTER ARROZ CON POLLO 1991 FESTIVAL, TO BE CONDUCTED BY THE LATIN QUARTER ASSOCIATION, ON NOVEMBER 24, 1991; AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC, SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; AUTHORIZING A ONE -DAY PERMIT TO THE ORGANIZERS TO SELL BEER AND WINE IN CONNECTION WITH SAID EVENT, SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW; WAIVING ALL CITY FEES ALLOWED TO BE WAIVED BY CITY CODE; CONDITIONING ALL APPROVALS AND AUTHORIZATIONS GRANTED HEREIN UPON THE ORGANIZERS PAYING FOR THE NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Vice Mayor Plummer: That was a street closure and the selling of beer? Commissioner Alonso: Yes. Mayor Suarez: You got what you wanted? Mr. Rojas: Yes. Commissioner Alonso: Yes. Mayor Suarez: You're happy? Mr. Rojas: No, Mr. Mayor, we'd like... Mayor Suarez: You're welcome. 121 October 24, 1991 W Vice Mayor Plummer: No, wait a minute. For the record, Mr. Mayor, you understand that you still have to take out a State permit for the sale of beer? Mr. Rojas: Yes. Everything... Vice Mayor Plummer: We're allowing you to do it on City property but that does not give you the right to sell beer without getting the proper State license. You understand that? Mr. Rojas: Yes. Vice Mayor Plummer: OK. Mr. Rojas: Yes. Mr. Vice Mayor, and Mr. Mayor, also, I would like please, if I can have a waiver for the permit and fee for the event? Mayor Suarez: Of? Mr. Rojas: The City permits... all the City permits and waive the... also, we're asking the two stages for the... Mayor Suarez: The waiver of the... Mr. Rojas: Waive the City permits. Vice Mayor Plummer: That's for all of it? Mr. Rojas: The City permit. Mayor Suarez: You would think that we would make the stage available. Vice Mayor Plummer: The show -mobile is more than two hundred and ninety-five dollars. Mr. Rojas: City permits. Vice Mayor Plummer: The show -mobile is what, seven fifty? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Vice Mayor Plummer: Well, he is now. Mayor Suarez: OK. We can only waive the use of the trailer, not the people, you have to pay for that. Mr. Odio: The show -mobile rent is a hundred and eighty dollars. Unidentified Speaker: I'm willing to pay for it.. Mayor Suarez: Very good. Al right. That's something that shouldn't even reach this Commission. When you get to that kind of money, Mr. Manager, I wish that that would be negotiated with them, really. 122 October 24, 1991 Commissioner Alonso: I know, waive it and... Mr. Odio: I don't have the right to waive fees. s Mayor Suarez: You have the right to pay it from your discretionary... within - your discretionary amount. ,L Mr. Odio: I don't have a discretionary amount. I don't. l 1 s. Mayor Suarez: You don't have any money there? Mr. Odio: I do not have discretionary account for this. Mayor Suarez: You have a discretionary amount under the code that you can pay up to forty-five hundred dollars. Now, I'm not saying that you should be '1 doing that very often because we've all clamped down on that. ?= i Mr. Odio: Well you see... Mayor Suarez: But on a hundred and -eighty dollar item, I don't think this Commission should be hearing it. If he wants a lot more than that, he is — going to have a no vote from me. We are talking about the use of the stage, — you know, the stage -mobile, whatever you call it. It's costing the citizens of Miami, and us, and you... Vice Mayor Plummer: It's four hundred and seventy-five dollars total. Is that what it is? Mr. Odio: You say, it's my discretion to waive or not waive, I will say no all the time. Vice Mayor Plummer: OK. Is it four hundred and seventy-five dollars? Mr. Odio: Yes. Vice Mayor Plummer: I move it. Mayor Suarez: All right, moved. Commissioner Dawkins: Under discussion. Is that all? Vice Mayor Plummer: That's what they're telling me, two ninety-five and one eighty. Commissioner Dawkins: All right. That's all? Mayor Suarez: It's not... Vice Mayor Plummer: The rest, he pays for. Mayor Suarez: It's not exactly correct to say you will deny it all the time. We used the trailer, or the stage -mobile, or whatever you call it for a demonstration by the Haitian community the other day, and you authorized that. 123 October 24, 1991 so Mr. Odio: Yes, but we... that's a balancing act. But what I am talking about... this... we have many of these types of events. Mayor Suarez: All right, if you do have many, many of them, why don't you give us some at some point, not today, a systematic way of analyzing which ones you should have make available a stage for, and which ones not, but try to figure out a way to keep them from reaching this Commission, and we will pass an ordinance to that effect. There is no reason to take up people's time for a couple hundred dollars, for God's sake. Commissioner Alonso: I know. Mayor Suarez: Don't even ask for anything else, because you know, you're doing extremely well. Mr. Rojas: No, absolutely not. Commissioner Dawkins: Call the roll. Mayor Suarez: Mr. Gonzalez-Goenaga, sir. Quick statement, we are ready to vote on this and go on to many more important items, sir. Mr. Gonzalez-Goenaga: Yes. This is very important, Mr. Mayor. Mr. Rojas: Mr. Mayor, I haven't finished. Mayor Suarez: Wait, sir. You're not recognized right now. He is recognized. Please. Mr. Rojas: I'm not finished. Mayor Suarez: Fine, but you're not recognized. He is recognized. Say whatever you're going to say, sir. I can't imagine... Mr. Gonzalez-Goenaga: I will defer, I want hear he is finished. I defer to him. Mayor Suarez: Mr. Gonzalez-Goenaga, you are recognized. Mr. Gonzalez-Goenaga: Well I am going to tell something. Mayor Suarez: All right, this is my chance. Say what you're going to say and then sit down, sir. Go ahead. Mr. Gonzalez-Goenaga: My chance. I know these people from the Latin Quarter Association, and they are honorable men. Mayor Suarez: Good. Mr. Gonzalez-Goenaga: I cannot... that's OK... but I have said here, let's end the privileges. Because you, Commissioners, know that they control some votes because for this Latin. They claim in that letter that they are a nonprofit organization. Well, if they are a nonprofit, then the beer sales, they should not make any profit whatsoever -in the selling of the beer, otherwise they are making a false representation to the citizens. 124 October 24, 1991 Mayor Suarez: No, sir. The nonprofit organization may make some... Mr. Gonzalez-Goenaga: They can make some profit. Vice Mayor Plummer: Fund raiser. Mayor Suarez: On some events and use it for the purposes which are allowed under the law for a nonprofit organization, all right? Mr. Gonzalez-Goenaga: Well, with the problems that we have in Miami... Mayor Suarez: No, no, sir. That is your question, that is your answer. Mr. Gonzalez-Goenaga: I'm not finished yet. Mayor Suarez: We're not going to hear your philosophy on what people should be doing or not doing in Miami, we have many other items. Mr. Gonzalez-Goenaga: We don't need... I'd love to have the beer inside the Arroz Con Polio instead of having drunk people that day. Mayor Suarez: All right. Very good. Thank you, sir. Take a seat. Vice Mayor Plummer: PARA USTED. Mayor Suarez: We're going to vote on your matter. I don't think we voted, have we Madam City Clerk? At your risk, if you want to say something else. Mr. Rojas: Yes, please. Mayor Suarez: I can't imagine what else you want to say at this point. Mr. Rojas: Yes, thirty second, Mr. Mayor. Vice Mayor Plummer: You better quit while you're ahead. Mr. Rojas: Mr. Mayor. Mayor Suarez: Thirty seconds could ruin the vote. Mr. Rojas: All right, let me make a point. Mr. Mayor, please, I take the opportunity to also, on December 8th, Latin Quarter will have the sixth Festival Art in Calle Ocho, between 14 and 16. We used to do that in MacDonald Potal. But now, we want to extend to the 16th Avenue because it's a lot more people, we have more art people. Mayor Suarez: You're talking about another event. Mr. Rojas: Yes. Mayor Suarez: Is this part of our agenda for today? Mr. Rojas: This is not. No, it is not. 125 October 24, 1991 Commissioner Alonso: No. Mayor Suarez: Do we know about this? Take this up with the Manager, we can approve it or disapprove it on November 14th. Mr. Rojas: OK. Mayor Suarez: All right. Call the roll on the ether item. Vice Mayor Plummer: Sneaky Pete. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 91-7;2 A RESOLUTION WAIVING THE RENTAL FEE FOR THE USE OF PARKS AND RECREATION STAGES AND ALLOCATING AN AMOUNT NOT TO EXCEED $295 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO COVER THE LABOR COSTS ASSOCIATED WITH THE USE OF SAID EQUIPMENT IN SUPPORT OF THE LATIN QUARTER ARROZ CON POLLO TO BE CONDUCTED BY THE LATIN QUARTER ASSOCIATION, INC., ON NOVEMBER 24, 1991; CONDITIONING SAID ALLOCATION UPON COMPLIANCE WITH ANY CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by 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. 126 October 24, 1991 --i--ilia—--i-----iG----r-------------r--v-----------------------------`.-------- 17. DISCUSSION CONCERNING FUNDING REQUESTED BY MR. HERIBERTO FONSECA, REPRESENTING THE ALLAPATTAH-WYNWOOD COMMUNITY DEVELOPMENT CENTER, INC., IN SUPPORT OF THE CONSTRUCTION OF A CHILD DAY CARE CENTER. ------------------------------------------------------------------------------- Mayor Suarez: Item 14. Mr. Fonseca. Vice Mayor Plummer: Is Mr. Gaffamy here? - the Latin Builders, Mr. Gaffamy? Mr. Jose Vila: Good afternoon, Mr. Mayor and members of the Commission. My name is Jose Vila and this is Mr. Fonseca. We come on behalf of the Allapattah-Wynwood Community Development Center and on behalf of the child care center which we are about to finish the construction of the project. Our visit today is to request an amount of twenty thousand dollars ($20,000) for equipment and fixtures for the daycare which will be matched by the Dade County for a total of forty thousand dollars ($40,000). That's our visit for _ today, and we hope that we can get your help. Mayor Suarez: We don't have any money, I don't think, but if we did... Mr. Odio: We do not have any money. Mayor Suarez: ... your organization is as worthy as any because it's obviously geared to the purposes that we'd like to support. Mr. Odio: Besides, the request doesn't fall under the criteria that we can use on the CDBG (Community Development Block Grant) funds. So, even if we had monies, we couldn't. - But we don't have any money. Mr. Gonzalez-Goenaga: Could I be recognized, Mayor? Mayor Suarez: No, no, not right now, sir. Mr. Gonzalez-Goenaga: This is an issue of special interest for me as a Puerto Rican. Mayor Suarez: But we will at the appropriate moment. Sir, whatever your ethnic background may be, you're not recognized right now. You will in a couple of minutes. I am waiting for Commission discussion. All right, Commissioners, anything on this item? Vice Mayor Plummer: Mr. Mayor, what discussion is if there is no money? Mayor Suarez: I don't anticipate any but I want to make sure everybody is given that opportunity. Commissioner Dawkins: Yes, I've got... Mayor Suarez: Commissioner Dawkins. 127 October 24, 1991 WIN Commissioner Dawkins: I'd like to know why it doesn't qualify for CD funds, somebody? Mr. ddio: They are requesting for furniture and equipment, and CDBG prohibits that it would... because it goes under the twenty percent cap. Commissioner Dawkins: Say what, Mr. Castaneda? Mr. Castaneda: For furniture and equipments, it goes... Commissioner Dawkins: Pull the mike up a little, Frank. Mr. Castaneda: I'm sorry. Furniture and equipment falls under the twenty percent administration... under the twenty percent that you cannot use for public services. So that means that you have to'take it from that percentage. Commissioner Dawkins: I don't understand. Mr. Vila: I just don't understand what that cap means. Commissioner Dawkins: No, wait a minute. I'm not worried about whether you understand it or not. I need to understand. Mr. Castaneda: The City of Miami allocates about one point eight million dollars for public services every year... Commissioner Dawkins: Yes. Mr. Castaneda: ... to operate public service. Mayor Suarez: Social services, not public service. Everything we do is public services. i� Mr. Castaneda: For social services. if Commissioner Dawkins: OK. t; Mr. Castaneda: What I am saying is, that this request for funding fails under that one point eight million dollars because it is not for hard construction or fixtures. Anything that is moveable... furniture is only eligible as part ' of a public service or part of an activity. It is not an activity by itself, therefore, it has to fall under that twenty percent cap. If what they were requesting was for something of construction, of hard bricks and so forth, it would fall outside of that category. Commissioner Dawkins: OK. So what you're saying is that if this was brick and mortar, it would qualify? Vice Mayor Plummer: If we had money. I Commissioner Dawkins: But because it's - for the lack of a better word, soft materials, it does not fall within the twenty percent, because we have already used up our twenty percent? Is that what you're saying? 128 October 24, 1991 0 Mr. Odid: Yes. Mr. Castaneda: That's correct, Commissioner. Commissioner Dawkins: Now, when does the next twenty percent become available? Mr. Castaneda: July 1st. Commissioner Dawkins: All right. So now, then, is there a possibility of some software money being available in July? Mayor Suarez: Can they apply in the next round? Mr. Castaneda: Of course. And I also told them so. Mayor Suarez: OK. When is the...? Commissioner Dawkins: But this is July'92? Mayor Suarez: When does the round begin? When do you begin to take applications? - as a practical matter. Mr. Castaneda: Right. We are coming to the Commission after the elections for your appointments and for the ratifications in the board and we will start the process right after. Mayor Suarez: Oh, we have to make appointments to the advisory board? Mr. Castaneda: Right, because their term expire now, and we will be bringing that to your first meeting in November. Mayor Suarez: When do the application usually reach you for the next cycle? - early '92? Mr. Castaneda: Right. Mayor Suarez: By no later than, typically? Mr. Castaneda: We start process in November, we should be in the middle of that by January. Mayor Suarez: OK. Commissioner Dawkins: OK. Now, you can finish with me. Mayor Suarez: Commissioner Dawkins. Commissioner Dawkins: Come back to the mike and finish with me. Mr. Castaneda: Oh, I'm sorry. Commissioner Dawkins: OK. Now, twenty percent equals how much? 129 October 24, 1991 46, Mr. Castaneda: If i recall, it's about one point eight million dollars. Commissioner Dawkins: About one point eight million dollars. So far, who have we - and I don't want to because the Mayor will get angry if I say "locked in to." Who have...? Mr. Castaneda: I'm sorry, Commissioner, I'm incorrect. It's fifteen percent for public services, twenty percent for... Commissioner Dawkins: Twenty percent for social services. Mayor Suarez: I was wondering why they agreed at the twenty percent - fifteen percent for social services. Mr. Castaneda: It's fifteen percent, I'm sorry. Commissioner Dawkins: All right, fifteen percent for social services. Who have we promised money to out of the July money for social services? Mayor Suarez: For the current year. Mr. Castaneda: For this year, I think... Commissioner Dawkins: No, no, you just said they don't have any money for them. I'm talking about for the next year. Mayor Suarez: Next year. Vice Mayor Plummer: No one. Mr. Castaneda: No one. The process has not started yet. For that matter, I would like to announce that we are probably going to have a six percent increase in Community Development Block Grant funds for next year. Commissioner Dawkins: Don't say that, Frank. Because if it doesn't come through we would be up, you know, we'd be up the creek, you'd be up the creek. Don't say that. Vice Mayor Plummer: Boy, you just added another ten hours to our hearings. Commissioner Dawkins: OK. Now, how do we...? Vice Mayor Plummer: How many more "botellas" are you going to get in your department to come up with that startling announcement? Commissioner Alonso: Be careful. Commissioner Dawkins: How, Mr. Castaneda...? Vice Mayor Plummer: Let them be careful. Commissioner Dawkins: How do we make available, I mean, accept, for the lack of a better word, their application to make sure that they are available in the community to provide a service that is needed, which is daycare, of which 130 October 24, 1991 the State of Florida has cut back money for day care services, the School Board has cut back money for daycare services, HRS has cut back money for daycare services, so therefore, there is going to be a need, a greater need and we do have a need, a greater need for health care services, so, how do we attempt to anticipate the need and address it? How do we do that? Mr. Castaneda: Well, Commissioner, let me mention something on daycare. The governor right now is holding on to about thirty-five million dollars for daycare and they are still working out on how they're going to spend it, and that's part of the problem that we've had this year. You recalled, we were not going to allocate any money for daycare this year, but what happened was that the governor has basically not made any decisions on it and is probably will not be making any allocations until May. Commissioner Dawkins: Until he leaves office. Mr. Castaneda: Well, I don't know about that. I think he is making interest on the daycare money. But anyway, he has thirty-five million dollars for daycare through the State right now and he is sitting on it. Commissioner Dawkins: Frank, I'll ask my question again. Let's forget about my governor, OK? Let's forget about him and his budget crises. How can I attempt to anticipate the need for daycare services in 192 and prepare a safety net or something to meet that need? Mr. Castaneda: Commissioners, obviously, we can allocate more money to daycare, but I would be lying if I would just say that. Obviously, most of our money right now is allocated to really elderly services. Commissioner Dawkins: OK. Do... Mr. Castaneda: You have some money for daycare, and you also have pressures from the homeless situations. Commissioner Dawkins: All right. Let me.. Vice Mayor Plummer: But, excuse me, Commissioner. Commissioner Dawkins: Go ahead, J.L. Vice Mayor Plummer: We do allocate money for the in-house daycare? Mr. Castaneda: Not from Community Development. Mr. Odio: For Centro Mater. You know, we have some... Vice Mayor Plummer: I'm talking about the daycare centers the City of Miami operates. Mr. Odio: But not from CDBG funds. Vice Mayor Plummer: But don't stand there and say we don't allocate money for daycare. i 131 October 24, 1991 ... ^'` ...�rnh�P.:.;tiS .-�wt�..v.� �.t ,axKai�w`IWn.�I�•??+V . l Mr. Odio: Well, that's not... Vice Mayor Plummer: I don't give a damn where it comes from. Mr. Odio: Commissioner, he didn't ask that question. Vice Mayor Plummer: How much does this City spend in daycare? Mr. Odio: He did not ask that question. Vice Mayor Plummer: I wanted... I understand that. Mr. Odio: OK? Vice Mayor Plummer: But the impression given, is we spend nothing. How much do we spend, the City of Miami, in daycare? Mr. Castaneda: In Community Development... Vice Mayor Plummer: Over a million dollars. So let's make the record clear. Don't let people walk away and say, hey, we don't... you know, we are anti - daycare. We do spend near, I think, a million dollars a year for our own in- house daycare. So, I want that on the record. Mr. Castaneda: Yes. In Community Development alone, you spend last year about three hundred and fifty thousand - something like that. Vice Mayor Plummer: For what? Mr. Castaneda: Centro Mater. Vice Mayor Plummer: That's Community Development. Mr. Castaneda: Right. Vice Mayor Plummer: How much did the City itself spend? Mr. Odio: I am finding out, Commissioner. Mr. Castaneda: That's in addition, though, what I'm saying. Vice Mayor Plummer: We11, I want that on the record. I don't want people think we are anti -daycare. Commissioner Dawkins: OK. Mayor Suarez: All right, so we've got an idea of how much we spend on day care. Commissioner Dawkins, just finish the inquiry and let's go. Mr. Vila: Commissioner Dawkins. Commissioner Dawkins: How can... Mayor Suarez: Wait, he hasn't asked a question yet, please, let him ask. 132 October 24, 1991 Mr. Odio: The daycare monies we have allocated in the Parks Department is seven hundred thousand dollars ($700,000). Vice Mayor Plummer: Plus Community Development, is how much? Mayor Suarez: Mr. Manager, Mr. Vice Mayor. Mr. Odio: Plus three hundred and fifty thousand. Vice Mayor Plummer: It's over a million dollars a year this City is allocating for daycare. Mayor Suarez: All right, we've got that figure on the record. Vice Mayor Plummer: Yes, sir. Mayor Suarez: You've both managed to interrupt Commissioner Dawkins. Let's go. Commissioner Dawkins: OK. Is it a possibility, and I am asking... and I want everybody to understand, this is a projection, do not hold Mr. Castaneda to this, because anything can happen. Is there a possibility that if they got a grant, they got in a proposal for some money that they could... it's a possibility, out of the next money in July, that they could get some? Mr. Castaneda: That's very possible, Commissioner. Commissioner Dawkins: So therefore, if they were to go to the County telling the County that we are going to give them some money out of our next year funds, and the County give them twenty thousand, and they go and borrow twenty thousand form some place, there is a possibility that we would be able to give them the twenty thousand to pay it back? Mr. Castaneda: That's called a preagreement cosh. Vice Mayor Plummer: It's a whole lot of ifs. Commissioner Dawkins: All right. Mr. Castaneda: That was the whole issue that feds raised and Commissioner Dawkins: OK. No, Frank, that's why I'm asking you. Mr. Castaneda: He couldn't do that. Commissioner Dawkins: OK. So there is no way ttey can be helped? Vice Mayor Plummer: At this time. Mr. Castaneda: Not at this time. Mr. Vila: The problem is that we are going to finish the daycare in less than a month, and at that time is when we need all this equipment. The reason that we came here is because... 133 October 24, 1991 Mayor Suarez: Can you get into a lease to pur.,hase agreement or something, somebody that lets you lease it with the idea that you would purchase it at the point of...? Mr. Vila: Not the entire school amount. Part of it you can do like the Tot Lot, and all that, but not... Mayor Suarez: Right. Well you might want to work with that because it's kind a close to the idea that the Commissioner was thinking about. You... Mr. Vila: Nobody is willing to give the equipment without any... Mayor Suarez: Well you are paying them on a mGnthly basis until you get the full twenty thousand dollars. Mr. Vila: With what funds are we going to pay the leases? Vice Mayor Plummer: There's nobody going to do it, Mr. Mayor, when they are there on revocable permit, and they are. Mayor Suarez: Well they will still be there on a revocable permit even after this, so that's a problem they have to deal with. Vice Mayor Plummer: Not alone. Mr. Vila: The reason that we... Mayor Suarez: By the way, presumably on a revocable permit, you can take a lot of equipment with you, right? - If your permit is revoked. All right... Commissioner Alonso: Could they qualify for a loan? Mr. Vila: Mr. Mayor, the reason that we came hf.re is because we went to Dade County and Dade County is willing to help us right now, but since they already t have given us more than a hundred and -fifty thousand dollars, they told us that if you could help them... Mayor Suarez: We don't have the money, but we are inclined I think, from what I hear from my fellow Commissioners to try to solve your problem with an ending time table of maybe, July 30th, so, that's not bad. Mr. Vila: By that time then... Mayor Suarez: Or it's July 1, or July 30th? Vice Mayor Plummer: Come back then. i Mayor Suarez: Yes. All right. IG i Mr. Vila: By that time there will be no need fo; it then. Mayor Suarez: Well, we have to deal with that and many matters. We are not going to take any action on this matter Mr. Gonzalez-Goenaga, so I don't know } that... 134 October 24, 1991 Mr. Gonzalez-Goenaga: Yes, but I... so, I can give you my ideas. I'm going to be very short, your honor. Mayor Suarez: Right. Commissioner Alonso: Can they qualify for a loan, Mr. Castaneda? Mayor Suarez: Wait, wait, she is asking... the Commissioner is asking Mr. Castaneda a question, Heriberto. Mr. Castaneda: Commissioner, it's the same issue. You see, we are getting into the same issue that we got with the YMCA, that they said, that it was an expenditure incurred prior to it. The expenditures, the backup to the expenditure has to be from the time after the grant is awarded that's why it is called a pre -agreement cost if we did it otherwise. Vice Mayor Plummer: And they knew from day one what they had to spend. Mayor Suarez: All right, Gonzalez-Goenaga, quickly. Mr. Gonzalez-Goenaga: Yes, quickly. No money, no money, but there is money for the Latin Quarter Association, and they ask for an increase and it was given, twenty-five thousand dollars for operating and paying the salaries of the distinguished fellow who was right here. For that... Mayor Suarez: What twenty-five thousand dollars you're talking about? Commissioner Alonso: Correction, we didn't give him an increase of anything. Mr. Gonzalez-Goenaga: Oh, yes. Mayor Suarez: No, sir... Commissioner Alonso: I certainly didn't vote for it. Mr. Gonzalez-Goenaga: Could I have the appropriations for the Community Development for the Latin Quarters that they have, and they requested? Mayor Suarez: Well, when you get that, you cat make a point based on that. We certainly have not given them any money today, I think. Mr. Gonzalez-Goenaga: No, I'm sure. My memory does not fail. You are... Mayor Suarez: Sir, what we gave them today was the use of a stage, a mobile stage that gets put in places worth two hundred and seventy-five dollars. We don't have time to hear your arguments on two hundred and seventy-five dollars. Mr. Gonzalez-Goenaga: The truth. Mayor Suarez: I'm sorry. Mr. Gonzalez-Goenaga: That's OK. Continue that way. 135 October 24, 1991 „wwe Y ww. ...rwaamMnk.� rUE Mayor Suarez: We know you disagree. You disagree with everything else we've done today, what can we do? Thank you. Thanks, to all of you. Sir. Mr. Gonzalez-Goenaga: Election time, November the 5th. Mayor Suarez: Item 15. Go ahead, Mr. Fonseca, It was your item, I don't know what else you can tell us. Mr. Heriberto Fonseca: My name is Heriberto Fonseca. I live in 2655 NW 22nd Court, that's in Allapattah for over twenty years - for almost thirty years. I don't understand how it can be possible that we come to this Commission, this is the first time to ask you for twenty thousand dollars. Mayor Suarez: Mr. Fonseca, let me ask you a que-tion.,. Mr. Fonseca: Yes. Mayor Suarez: ... before you get into your presentation. Is this the facility that is being built on what used to be a mini park? Vice Mayor Plummer: Yes. Mr. Odio: Yes. Mayor Suarez: OK. Sir, is this the facility then, that we have taken an incredible amount of abuse for from some of the other Allapattah citizens, and one in particular, whose name is Pat Keller? Vice Mayor Plummer: Yes. Commissioner Alonso: Yes. Mayor Suarez: And have we not sided with you throughout all of that, sir? We have been with you, we have supported you, we have helped you get State money. We have given you City land. I have yet to hear the word "thanks.” Thanks for supporting my project against the arguments of everybody, not everybody, but some people in Allapattah. Instead, I see you getting geared up to... Mr. Fonseca: Let me finish. Mayor Suarez: ... complain about the City, when the City has done everything in its power to help you. Mr, Fonseca: But let me finish my statement. Mayor Suarez: So, "thanks," really helps a lot, sir. Mr. Fonseca: You support a project that you know that's a good project. Mayor Suarez: Well, we think... Mr. Fonseca: Again, let me finish. 136 October 24, 1991 Mayor Suarez: Ms. Keller thinks it's an awful project. She preferred to have a basketball court there. Mr. Fonseca: Would you let me finish? Mayor Suarez: We came down on your side, but not by a real big margin, let me tell you. Mr. Fonseca: You say you're being supportive? Mayor Suarez: Yes, sir. Mr. Fonseca: We've been suffering in this project form 1987. Mayor Suarez: That's because of your deficiencies, not ours. We have helped you. Unidentified Speaker: What deficiencies? Mr. Fonseca: Well, what do you mean? Mayor Suarez: Every aspect of your... Vice Mayor Plummer: Well, wait a minute. He says "what deficiencies." Mr. Fonseca: What deficiencies? Vice Mayor Plummer: Now, I wasn't going to go into this because I though we were over. Sir, I'll tell you the deficiency. You knew from day one how much money you had. You had a hundred -and -fifty thousand from the State, and a hundred -and -fifty thousand from the County. Mr. Fonseca: Right. Vice Mayor Plummer: Now, you didn't stay within your own budget. Mayor Suarez: And our land. t Vice Mayor Plummer: Now, that's the deficiency. Mr. Fonseca: Hold it. Vice Mayor Plummer: If you had spent and done what you were supposed to do, you would have had adequate money. But no, you didn't do it. Now you need another forty thousand dollars. That's not inefficiency, that is absolute craziness. Mr. Fonseca: Well, let me explain. Let me tell you what's happening, sir. Vice Mayor Plummer: Sir, tell me why you didn't stay within your own budget. 1 Mr. Fonseca: Well, let me finish. You won't let me finish. Let me finish. We got a stretcher and a building for three hundred thousand dollars. All 1 right? The building is old - let me finish. 137 October 24, 1991 �i } Vice Mayor Plummer: Go ahead, because... Mr. Fonseca: What happened... Vice Mayor Plummer: ... I'm going to take your word back in January 24th of 1991... Mr. Fonseca: Right. Vice Mayor Plummer: and it's going to blow you right out of the saddle. Go ahead. Mr. Fonseca: Hold it, hold it, let me finish. We got a little problem. We didn't expect an impact fee. Vice Mayor Plummer: A what? Mr. Fonseca: Impact fee. Hold it, let me finish. Vice Mayor Plummer: Go ahead. Mr. Fonseca: That cost almost eleven thousand dollars we paid for an impact fee to the Dade County. Number two, we paid almost four thousand dollars for the water and sewer... Miami Dade Water and Sewer for the connection. Number three. Mayor Suarez: Those are all fees you have to pay when you build something, 1 sir. 1 Commissioner Alonso: I have to ask a question. You mean to tell me that the County charged you impact fee? Mr. Fonseca: We pay... i Commissioner Alonso: We don't, they do - you see again what we saw this I morning. Vice Mayor Plummer: Oh, that I agree with. Commissioner Alonso: The County is doing it i.very day, the City of Miami. That's why we don't have money. -; Mayor Suarez: You pay all the fees associated with building this facility. s i Mr. Fonseca: Well... right. i Commissioner Alonso: I can't believe it. Mayor Suarez: You have to. Commissioner $onso: The County charged you? i 138 October 24, 1991 •-n+r:-ae..�yi.dw�.+,e.�+s+Yrw��'wrzr}S+:t4a:ira.e.,.b'd-�'aa4.«w�MUM� ,' � f Mr. Fonseca: Nineteen hundred twelve dollars for every... thousand. For five, it's almost ten thousand dollars. Mayor Suarez: All right, you paid ten thousand dollars in impact fee. All right, sir, that stems from State law which is growth management, et cetera. Go ahead. Commissioner Alonso: How come it does not apply for us? Mayor Suarez: We probably waive that. Mr. Fonseca: Yes, we also paid almost four thousand dollars for the Dade Water and Sewer for the connection. Vice Mayor Plummer: Which every has to pay. Mayor Suarez: All right, sir, you stated all that, we know all that, you have to pay all that. What do you want us to do? Mr. Fonseca: But that's... we made a mistake. We don't include that when we made the breakdown... Vice Mayor Plummer: That's a deficiency. Mr. Fonseca: ... for the three hundred thousand dollars. Mayor Suarez: That's the deficiency that I was referring to. Mr. Fonseca: That was the problem. Mayor Suarez: Right. Mr. Fonseca: That was the problem. Mayor Suarez: And we, because we want to help you, despite the opposition of people who think it should be a basketball playground there, are continuing to let you use our land even though you didn't have budgeted properly for your project. So, I don't understand. Mr. Fonseca: Listen. I don't understand myself well. Vice Mayor Plummer: Mr. Fonseca, in... Are you finished? Mr. Fonseca: I don't understand myself, when we come to ask you for twenty thousand dollars for the equipment, I mean, for the children, and you said, you've got no money. If I asked you for twenty thousand dollars for the housing, you'd give it to me? You gave to another group - forty-three thousand dollars. Mayor Suarez: Depends on the federal programs from which we get money for that, sir. You know what again, what is really just incredible to me is the way you react and the attitude that you bring with you. Mr. Fonseca: I have to. 139 October 24, 1991 4 Mayor Suarez: You know, we've helped you all along and you come here demanding and demanding, and somehow, it's our fault that you... '- Mr. Fonseca: We want the money, and this is the first time that I've been here. Vice Mayor Plummer: And try to paint us into a bad picture. Mayor Suarez: All right, to me, that's the wrong way to come. Mr. Vila: We haven't demanded, we just came to ask - and we have thanked you. Mayor Suarez: Look, but I'm... ex... you were a heck of a lot more conciliatory than he was. He came up here and he started saying, and how ridiculous this was. Mr. Vila: And every time that we have come before you, and you have granted us... Mayor Suarez: And we have told you that the only chance that you have... Mr. Vila: ... we have thanked you. If we haven't... Mayor Suarez: Right. Well, I didn't hear it today. Mr. Vila: If we haven't today, then I am doing it for all the remaining of the times that we've come here before. Mayor Suarez: All right. We have told you where you might be able to find the money... Mr. Vila: OK. Mayor Suarez: ... if the Community Development Advisory Board recommends you or if not, if we choose to overrule their recommendations at the end of July. Mr. Villa: OK, Mayor. Mayor Suarez: OK. Commissioner Alonso. Commissioner Alonso: I personally went to Tallahassee to fight for this project to save the money to build this facility and that's how we got the money. As a matter of fact, it was going to be turned down, and I went personally to Tallahassee and we were able to get the money. Maybe, what you can do and I suggest that you do, why don't you: ask the County to waive the impact fee? Couldn't they do that? Mayor Suarez: Right. Mr. Vila: If we were about to engage in that right at the moment then maybe, we have to go before their Commission to request a waiver, but right now, it's already been paid. 140 October 24, 1991 1 it W Commissioner Alonso: So? Mr. Vila: It's already been paid for. They are not going to give us money back like that. Commissioner Alonso: But they can always issue a check back to you. Couldn't they do that? Have you asked? Mr. Vila: Well, they've told us that they will give us twenty thousand dollars if the City of Miami matches the same amount. Commissioner Alonso: Well actually, they are giving you nine because they took already, eleven. Mr. Vila: Well, they gave us a hundred and fifty thousand. Vice Mayor Plummer: And we gave you a piece of property. Mayor Suarez: By the way, we also... in approving, you also had to overcome the objections of people who said that certain child care facilities in that area had failed and had gone out of business because there wasn't enough demand, we disagreed with them, we went with you. Mr. Vila: I know. We appreciated that. Mayor Suarez: Again, this is how far we have gone, and you have our land. All right. Thank you. Mr. Vila: OK, Mayor, thank you. Vice Mayor Plummer: Just for the record. January 24th 1991. "Mr. Plumper, nor will they expect any money from the City of Miami." The answer, "right." Mayor Suarez: There you go. Vice Mayor Plummer: That was January 24th of this year. ------------------------------------------------------------------ 18. EXECUTE AGREEMENT WITH HISPANIC AMERICAN BUILDERS ASSOCIATION (HASA) ACCEPTING HABA'S DONATION OF LABOR AND MATERIALS FOR COMPLETION OF BAYFRONT PARK CHALLENGER VII SHUTTLE MEMORIAL PROJECT - REQUIRE AGREEMENT TO COMPLY WITH TERMS OF LAMAR LOUISE CURRY GIFT AGREEMENT - DESIGNATE BAYFRONT PARK MANAGEMENT TRUST AND NEW WORLD CENTER FOUNDATION TO JOINTLY RECEIVE AND MANAGE SAID DONATION. Vice Mayor Plummer: Mr. Mayor, can I take up a pocket item? Mayor Suarez: Quickly, yes, emergency item. Vice Mayor Plummer: Because the gentleman has arrived. Well this... I hope... is Miller Dawkins gone? Mr. Mayor, the American... I'm sorry, the 141 October 24, 1991 Hispanic American Builders' Association have graciously come in and want to do a number to finish the Challenger Memorial in the south end of Bayfront Park, They will be coming up with ninety-seven thousand four hundred -and -sixty-two dollars ($97,462) for that completion. Mayor Suarez: I've seen itemization, and it's a great offer. Vice Mayor Plummer: All right, sir. There is also the need for in -kind services of the City of Miami which total an amount of twenty thousand five hundred and seventy-three dollars ($20,573) which are all and can be in -kind from the City of Miami. Mayor Suarez: No out-of-pocket included in that, right? Vice Mayor Plummer: No out-of-pocket, sir. There will be a little bit but we can dovetail that in with the finishing of the south end of the park. Mayor Suarez: All right. Vice Mayor Plummer: So, I would like if I may at this time, read, "A resolution with the attachments authorizing the City Manager to execute an agreement in the form acceptable to the City Attorney with the Hispanic American Builders' Association, - in parenthesis HABA which accepts HABA's donation of labor and materials aggregately valued at approximately $97,462.00 for the completion of the Bayfront Park Challenger VII Shuttle Memorial project requiring that said completion and agreement comply with the terms of the City -Lamar Louise Curry gift agreement relative to said memorial; approving the City's contribution of in -kind services totalling approximately $20,573.00, and designating and authorizing the New World Center Foundation, Inc., to receive the Lamar Louise Curry donation on behalf of the City of Miami and manage and distribute said funds to complete the project. Mayor Suarez: So moved. Vice Mayor Plummer: Yes, sir. Commissioner Alonso: I second. Mayor Suarez: Seconded. Commissioner Dawkins: Question. Mayor Suarez: Commissioner Dawkins. Commissioner Dawkins: How much are you talking about dovetailing in, in dollars? Vice Mayor Plummer: From the south end of the park, sir? Mayor Suarez: Right. Commissioner Dawkins: I don't know. When the Mayor asked... Mayor Suarez: Any out-of-pocket. 142 October 24, 1991 Commissioner Dawkins: there would be any out-of-pocket expenses, you said. r. Vice Mayor Plummer: Roughly, sir, about seven... Commissioner Dawkins: ... a few, and they will be dovetailed in. Those are the few I'm talking about. Vice Mayor Plummer: All right, sir, I'll give it to you. Not to exceed from the Public Works of seventy-five hundred dollars. Mayor Suarez: Seventy-five hundred dollars. Why don't you start looking in accordance with our prior resolutions, most of which have been made by Commissioner Dawkins, for an equivalent amount that will also allow you to resolve the issues of Grand Avenue Park that we previously built into a motion, and that is in the spirit of spending, for each dollar we spend in the park, a dollar in Bayfront park, for each dollar that we spend, a dollar also in our neighborhood park. Commissioner Dawkins: The only problem... you see, I agree, I want it finished. I am glad we got people donating. But when J.L. came up the other week and got fifty-four thousand dollars to finish the park, it's more money for Bayfront Park, now you come up with sixty... you slide another $7,500 in the back door added up to Bayfront Park, and you just keep sliding money on to the cost of Bayfront Park. That's my only problem. Mayor Suarez: OK. Commissioner Dawkins: No, sir, not you. No, no, that's up here. No, no, you have no say. Mayor Suarez: No, no, we do want to hear though, but not on this issue, but we do want to hear on anyone that is involved in this effort because we're... Vice Mayor Plummer: Mr. Timothy Gaffamy of the... Mayor Suarez: Yes. Vice Mayor Plummer: HABA. Mayor Suarez: All right. Mr. Timothy Gaffamy: I am representing the Greater Miami Chamber of Commerce and HABA. I was one given the chore down at the Gold's Conference to try to put together a group to get this project finished. I am a Miami native and work very closely with Ralph Rennick, so I am glad to be in front of the Commission. Commissioner Dawkins, the seventy-five hundred dollars is not additional money, it's money that we've, when speaking with Public Works Department that they are going to have to spend anyway when they're finishing the south part of the park. And it's not... the electrical, sewer, and water lines that they are going to have to be doing anyway, we are just asking that they do it within the next ninety days so that we can get this project done before the sixth anniversary of the Challenger Disaster on January 28th. So it's not additional dollars. 143 October 24, 1991 Commissioner Dawkins: I would... I love you, I believe you, and glad to hear you explain it, but I would have felt much better had you put all of that right in here where I could read it. Mr. Gaffamy: OK. Commissioner Dawkins: See, then you would not have had to explain it to me. I would have known what you're talking about, see. Vice Mayor Plummer: Oh, thank you. Commissioner Dawkins: But when you sit here like I do every day, every Commission meeting and you see five thousand here, you see eight thousand there, you see fourteen thousand there, and it all say Bayfront Park, it sort of gets to you. Mr. Gaffamy: I appreciate that, Commissioner. Mayor Suarez: Thank you for that help. Mr. Gaffamy: As a volunteer, it's just a... Mayor Suarez: Thanks to Mr. Minagorri for involving the Hispanic American Builders and for their generous donation of in -kind services adding up to almost a hundred thousand, and everyone else involved in all of this. I wouldn't say anything about the DDA (Downtown Development Authority), Matthew, but we note your presence. Anything else, Mr. Gaffamy? Mr. Gaffamy: I have one... Mayor Suarez: And to the Currys too - God, that's been a long effort. Mr. Gaffamy: Ms. Curry's agreement with the City of Miami states that for certain hard cost, we would like to have the approval of the Commission - we have to go with Ms. Curry, but to change that to hard and soft cost as part of the declaration... Mr. Matthew Schwartz: For the resolution. Mr. Gaffamy: ... part of the resolution. Commissioner Dawkins: What page? Mr. Joel Maxwell: Page three. Mr. Matthew Schwartz: Page three. There will be some labor cost involved in utilizing the cash contribution from Ms. Curry. Commissioner Dawkins: And the labor cost will come out of the sixty-nine five? Mr. Gaffamy: Yes, sir. 144 October 24, 1991 52 50 Mayor Suarez: Initially, the Curry donation was going to be for flowers, et cetera. I gather it isn't going to be used in that particular... or it is? - landscape? Mr. Gaffamy: It's going to be used exactly as the resolution. She had $15,000 Mayor, for the landscaping and the balance of the funds to be used to complete the memorial. So we have met with her and we are following her directions. Mayor Suarez: Just had a question. Initially, it was to be used for flowers, basically. Is it still to be used for flowers or now it's other things too? She can use the money for anything she wants as long as she is in agreement. I just want to know out of curiosity. Mr. Maxwell: Yes. Mayor Suarez: Because it took a while to convince here to use it for anything related to Bayfront Park, because she was upset about something. Mr. Gaffamy: Yes, Mayor. Mayor Suarez: All right. Vice Mayor Plummer: Let me ask a question if I would. Mr. Gaffamy, why is this money going to be in the World Center Foundation, Inc., rather than in the Bayfront Park Trust? Mr. Schwartz: It was to expedite the project to move forth on this because of... Vice Mayor Plummer: But it exists in the park is my concern, Matthew. I mean, who wrote in here "The World Center Foundation, Inc.?" Commissioner Dawkins: Matthew did, who else did? Vice Mayor Plummer: Yes, but why? I mean... Commissioner Dawkins: Well ask him why, don't ask who did it. Mayor Suarez: We want to keep you from getting your hot little hands on it, that's why. Mr. Schwartz: This was a mechanism. It's been used in the past to fund outside consulting projects. It's a pass through, so... Vice Mayor Plummer: Is it to the advantage of the...? Commissioner Dawkins: No, they would not have to come and get your permission. That's what it is. Vice Mayor Plummer: We11, I don't care. I'm just asking whether this Challenger Memorial exist in the park, why it would not be under the control instead of having two people under the control - the Bayfront Park Authority is doing the south end of the park, I would lay let's put this under the Bayfront Park Authority. OK? 145 October 24, 1991 Mr. Schwartz: Fine. Commissioner, could we put this in conjunction... together, and then we can, with the intention that it goes to Bayfront Park? Vice Mayor Plummer: Jointly. That's fine. So it would read then "The New World Center Foundation and Bayfront Park." Mayor Suarez: All right, with that modification, we have a motion and a second, do we? Vice Mayor Plummer: May I, Mr. Mayor, at this time, thank Mr. Gaffamy. It's something we've all been, I guess, embarrassed is the word, and it's something that you have brought about, sir, and for once, I have to compliment the Chamber. It hurts me to do that but it's the honest truth, and it shows that Bob Traurig is doing a good job. Mr. Gaffamy: Thank you very much. Mayor Suarez: All right. Vice Mayor Plummer: And needless to say, is there anyone here from HABA? Mr. Gaffamy: They... we got the mis-timing of the meeting. We were here this morning but the meeting... we were given a wrong time. Vice Mayor Plummer: Well, I would hope that the Mayor would at the appropriate time issue a certificate of appreciation from this Commission to HABA for their fine and generous donation. Mr. Gaffamy: Thank you very much. Mayor Suarez: All right. Very good. So moved and second. Any discussion? If not, please call the roll. 146 October 24, 1991 "N The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 91-773 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE HISPANIC AMERICAN BUILDERS ASSOCIATION ("HABA"), WHICH ACCEPTS HABA'S DONATION OF LABOR AND MATERIALS AGGREGATELY VALUED AT APPROXIMATELY $97,462 FOR THE COMPLETION OF THE BAYFRONT PARK CHALLENGER VII SHUTTLE MEMORIAL PROJECT ("PROJECT"); REQUIRING THAT SAID COMPLETION AND AGREEMENT COMPLY WITH THE TERMS OF THE CITY-LAMAR LOUISE CURRY GIFT AGREEMENT RELATIVE TO SAID MEMORIAL; APPROVING THE CITY'S CONTRIBUTION OF "IN -KIND SERVICES' TOTALING APPROXIMATELY $20,573; AND DESIGNATING AND AUTHORIZING THE BAYFRONT PARK MANAGEMENT TRUST AND THE NEW WORLD CENTER FOUNDATION, INC. TO JOINTLY RECEIVE THE LAMAR LOUISE CURRY DONATION ON BEHALF OF THE CITY OF MIAMI AND MANAGE AND DISTRIBUTE SAID FUNDS TO COMPLETE THE PROJECT. (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. COMMENTS MADE AFTER ROLL CALL: Vice Mayor Plummer: Thank you, Mr. Mayor. 147 October 24, 1991 19. BRIEF DISCUSSION CONCERNING ESTABLISHMENT OF MATERNITY LEAVE (FAMILY LEAVE) FOR CITY EMPLOYEES (See label 21). ------------------------------------------------------------------------------ Mayor Suarez: Item 15. Commissioner Alonso: Yes. This is an item that I've been discussing with the - administration for a long time and it's maternity leave, family leave for employees of the City of Miami, and I don't expect that we make any final decision today, but I think it's important that Angela gives to us some information about things that we have researched. And also, I'd like to put on the record that my idea, it's not only the benefits as they exist today, which are very, very limited, but also, the possibility of looking into giving at least two weeks with pay. And we are looking into the possibilities of doing so, not only as family leave but in case of child birth, but also, adoption, that I think it's very much needed, this time off for families. So, Angela, will you put in the record what we have researched - and of course, we will have to continue to look because we have many unanswered questions at this point. Also, we have to check what the County is doing at this particular time and then come with a final decision on this issue. And of course, whatever we decide in this Commission as a final vote, I would like to see something specially done beneficial for the families. I suppose it will be in effect for the next budget year rather than this year, because I don't want to create any problems, additional problems to the City Manager that will tell me that we have no money. Mr. Odio: No, no. Commissioner Alonso: Next year, as I hear, we are going to do much better, so I do hope that will be the case. Mayor Suarez: And as an additional disclaimer, preemption of that kind of argument, let me throw this very simple analysis to you. We have thirty-six hundred employees, roughly - goes up and down, maybe less, of those, even if you include adoptions you are not going to have on maternity leave, or parental leave, or whatever, more than a handful in any given year, I can't imagine. Vice Mayor Plummer: A hundred and seventy-five, proposed. Commissioner Alonso: No, a hundred and seventy-five, we came with that number. Ms. Angela Bellamy: For 1990, there were a hundred and seventy-five. Vice Mayor Plummer: Why are the policemen more prolific than the firemen? Mayor Suarez: Right, a hundred and seventy-five is still not a great number. Most of those people... 148 October 24, 1991 Commissioner Alonso: And people who have requested leave, we came with number, one year, twenty-four, other, seventeen, so we don't really have that number of people. So it's something that will not be a great burden... Mayor Suarez: And a lot of it I would think... Commissioner Alonso: ... but something that is very much welcomed. Mayor Suarez: I would think that a lot of it... Vice Mayor Plummer: This speaks highly of hiring senior citizens. Mayor Suarez: Right. A lot of it could be done I would think, by having some employees help out to do... Vice Mayor Plummer: All, except the Mayor. Commissioner Alonso: Whatever that means. Vice Mayor Plummer: Can we get a waiver on the Mayor if this goes into effect? Mayor Suarez: If everybody was like my family, you would really be in trouble. Vice Mayor Plummer: It's cheaper to get your TV fixed. Mayor Suarez: You would think a lot of it could be done just by having people pitch in for those two weeks, and not have to have any real economic impact. I mean, what's wrong with that concept? - to do the work that that person would otherwise do. I mean, I... pitch in to do the work that that person would otherwise do. I mean, what is the status now? - the person... Mr. Odio: No, what we're talking about is the person that is leaving... Vice Mayor Plummer: With pay. Mr. Odio: ... we have to pay those persons for staying home. That's what she is talking. Mayor Suarez: What do they do now? They don't yet paid anything at all? Mr. Odio: No. They have to use their sick... Commissioner Alonso: They take their own vacation. Ms. Bellamy: Well, they take either their vacation or if their time has run out, they may request a leave of absence without pay. And currently, they can do that under the... Vice Mayor Plummer: Can't they use that sick pay for that?- sick time? Ms. Bellamy: No. 149 October 24, 1991 J Mayor Suarez: Well, she is trying to provide additional benefits that would take into account the fact that those people might also get sick a reasonable number of days a year, you know. In fact... Ms. Bellamy: Commissioner, they can... Vice Mayor Plummer: I've never seen a pregnant woman yet that didn't have morning sickness. Mayor Suarez: Precisely. Ms. Bellamy: They can take sick leave, however, they are not required to take sick leave if they want to take a leave of absence. Vice Mayor Plummer: But I am saying, do they have that availability now? Ms. Bellamy: If they have sick leave, yes, they can take sick leave. Mayor Suarez: Oh, yes, they can take it for that, sure. Vice Mayor Plummer: And they get how many sick days a year now? Ms. Bellamy: Well they get ninety-six hours a year. Commissioner Dawkins: I was out of the room. They're going to get paid? Ms. Bellamy: What the Commissioner has said so far, is... Mayor Suarez: We don't have that in the budget yet, but it's beginning of an analysis towards that end, yes. Ms. Bellamy: We've just looked at, she is not proposing anything presently. Commissioner Dawkins: All right, put... cover grandparents too. Ms. Bellamy: Well Commissioner, the County... Commissioner Dawkins: Because there are times... hey, wait now, there are times when the mother and the father, if they have used up their time, the grandparent ought to be able to stay home and let the mother and the father go. Mayor Suarez: Before you get carried away, let me remind you that... Commissioner Dawkins: Because I am a grand parent. Commissioner Alonso: Me too. Mayor Suarez: ... Commissioner was trying to extend it to... Commissioner Alonso: And the way my daughter is going, it's... Mayor Suarez: ... adoptive children, and if you start covering grandchildren, nephews, nieces, et cetera, we'll be bankrupt. All right. a 150 October 24, 1991 Commissioner Alonso: Yes. Ms. Bellamy: The County did pass an ordinance on first reading last week. It's due for a second reading on December 17th, which would require that we provide parental leave for ninety -days. It does not require that we give them any... Mayor Suarez: That we do it? Commissioner Alonso: We believe it does. Ms. Bellamy: Well, we think, and the Law Department has reviewed this, that we fall under this ordinance. Mayor Suarez: That's not what I need to hear. I'm interested in doing this but not because the County requires. I am interested in doing it as a matter of our policy. Vice Mayor Plummer: Is that ninety days with pay? Ms. Bellamy: No, it's not with pay. Commissioner Alonso: Of course, that's why I want to take a position from the City of Miami's point of view. Vice Mayor Plummer: Or, without pay? Ms. Bellamy: Without pay. Vice Mayor Plummer: Oh. Ms. Bellamy: It's just that they are entitled for ninety days. Vice Mayor Plummer: That's without pay? Ms. Bellamy: That's correct. Vice Mayor Plummer: OK. That's a big difference. Ms. Bellamy: And no benefits. Vice Mayor Plummer: No, I mean, if I look... Mayor Suarez: Strongly recommend that we fight any impression that because the County passes an ordinance that we have to do it. Ms. Bellamy: Well, no, no, and that was not what I wanted to. I just wanted to give you this for information. The Commissioner had brought this up before this had come up. Commissioner Alonso: Yes. Mayor Suarez: It was very unpleasant information. 151 October 24, 1991 w r ��Y r GL :. Ms. Bellamy: I just wanted you to be aware of it. Commissioner Alonso: And that's why we want to take a position of our own and it should be what we decide within the City of Miami. Mayor Suarez: All right. Commissioner Dawkins. Vice Mayor Plummer: Yes, because if you went ninety days with pay, according to this, you're talking about one million five. Ms. Bellamy: No, no. Commissioner Alonso: No, no, we are not talking about that. Mayor Suarez: No, no. Commissioner Dawkins. Commissioner Dawkins: OK. Even without pay, which I am sure that's the way we are going to go. Commissioner Alonso: Yes. Commissioner Dawkins: I want you to budget enough money to continue to pay these people hospitalization, because it doesn't make sense for them to be on leave from the City of Miami, not paid, and their hospitalization isn't paid, and then we come up with a catastrophe. Mayor Suarez: Yes, including the analysis what the medical benefits are during that pregnancy leave. 20. DISCUSSION CONCERNING ALLEGED INADEQUATE HMO MEDICAL COVERAGE FOR SANITATION EMPLOYEES' ASSOCIATION (SEA) MEMBERS - REQUEST REPORT FROM CITY MANAGER AT NEXT COMMISSION MEETING. Vice Mayor Plummer: Wait a minute, Mr. Mayor. Mayor Suarez: Yes. Vice Mayor Plummer: While she is here. Mr. Manager, sir, I sent you a memo that I've not got an answer to and I'm concerned about. It was brought to my attention in the Sanitation Department, in reference to the SEA (Sanitation Employees Association) insurance as it relates to HMOs. The people are telling me, and my concern has to be, over the fact that I am very much aware that the union voted for an HMO. Yet, the employees are telling me that they are not getting adequate medical coverage from the HMO. Now, I think that that's a concern that should be on this table. I am not arguing nor am I interfering with union activities, but I have to be concerned, as a Commissioner, if in fact, my employees who especially are getting injured on the job, are not getting adequate medical attention. One gentleman brought to my attention, over nine months, he has been waiting for back problems to be 152 October 24, 1991 i Commissioner Dawkins: Join the crowd. Mr. Odio: I'm sorry, but I got it yesterday. Vice Mayor Plummer: Well if you... I don't know how you got it yesterday. Maybe, it's my office's fault and if it is, I will deal with thaI am concerned and I think this Commission should be given answers of whatle are going to do, or what you're going to do about getting the proper medical attention for our employees. Mayor Suarez: All right. Ms. Angela Bellamy: Commissioner, I am aware that there were... they changed the HMO, and there was some problems with the previous one. Vice Mayor Plummer: I'm not even getting involved in that. Ms. Bellamy: Right. Vice Mayor Plummer: I am only addressing what I think is my area of concern. Ms. Bellamy: Right. Vice Mayor Plummer: That there are employees who are not getting proper medical attention, and we are paying a price for it. And that was a negotiated price. I am not getting involved in the unions. Mr. Bellamy: No, I understand. What I was going to suggest is we can talk... Mayor Suarez: He wrote a memo on it, he would like an answer, please get to him and in the process, since he has brought it up here, the rest of us would like to know about that too. I would. Vice Mayor Plummer: The bottom line is, I want my employees to have what I think I am paying for, and that is good medical attention. Commissioner Dawkins: And then when you bring J.L. that, also bring me the reason so many of our employees have gone to doctors, with the HMO, have been treated, and are being harassed and turned over to collecting agencies because the HMO refused to pay the bill. Bring that to me also. Vice Mayor Plummer: Yes. Mayor Suarez: Individual claims as well as the collective thing. Sir. No, you have to come up to the mike and give us your name. Commissioner Dawkins: Come to the mike, sir. Mayor Suarez: Come up to the mike and give us your name. 153 October 24, 1991 Mr. John E. Gregalot: My name is John Gregalot, I happen to be seventy-four years old, I've been a member of the HMO for the last eleven years and my experience probably could give you a little bit of insight. My brother here... Mayor Suarez: Are you here on this matter, sir, tonight? Mr. Gregalot: Beg pardon? Mayor Suarez: Is this the reason that you are here, for this particular matter? Mr. Gregalot: No, sir. Mayor Suarez: Why don't you give the benefit of your experience to the Commissioners, individually? Mr. Gregalot: It would take me one more minute. Mayor Suarez: All right. Mr. Gregalot: OK. I belong to AV-MED, my brother lives next door, he belongs to a different HMO. I had an emergency situation with a kidney stone and several other emergency situations, and I called my doctor, he says, go right to the emergency room, no problem. I went and I had my situation taken care of. He says it's a good thing it's not your brother. He says I have to get three different approvals before I could authorize him to get care. So this is the difference between HMOs. Vice Mayor Plummer: Well, sir, I appreciate what you're saying and I am not entering into which HMO they choose, I am just saying that we are paying for medical attention which my information says, they are not getting, and I want to know why. Commissioner Alonso: That's right. Mayor Suarez: There you go. All right, sir. Mr. Gregalot: That could be the reason. Commissioner Dawkins: And I also would like to say just like J.L., we are paying people who are supposed to oversee this. Those people who are running out there doing their job and collecting garbage should not have to run down and find out if their HMO is qualified or what. Vice Mayor Plummer: I didn't say that. Commissioner Dawkins: That's the job of the people who pay who are over managing and in charge of this. And Mr. Manager, I want to hold you responsible and you hold them responsible. Mr. Odio: No, sir. Commissioner Dawkins: What? [1•'ZyY ..'� .. a� Mr. Odio: No, sir. Commissioner Dawkins: Yes, sir. Mr. Odio: I am not responsible for that... We... you, the Commission, a long time ago, before I became Manager, gave to the SEA the managing of the insurance. We do not manage their insurance, they do, so they are responsible. Commissioner Dawkins: No, sir. Vice Mayor Plummer: No, sir. Mr. Manager, let me tell you what you are responsible for. City employees... Mr. Odio: Responsible to make sure that they get the proper services for the money. Vice Mayor Plummer: Ahhhl That's exactly what you're responsible for. Mr. Odio: But all we can do is audit the accounts, make sure they are not misspending their account, but we are not responsible for managing that trust. And I don't think that responsibility should be... Vice Mayor Plummer: Sir, I think you... Commissioner Dawkins: Nobody asked you to manage their cost. I am asking you to manager whether they get their money for their cost. Vice Mayor Plummer: That's exactly what I am saying. Commissioner Dawkins: That's all I am asking you. Mr. Odio: And if they mismanage their trust as we felt they did a couple of years ago, we went after them. Mayor Suarez: Well, when we have this discussion again, let's hopefully have the heads of the unions here so that they can explain... and of their... Commissioner Dawkins: We could have the HMOs here, I don't care about the unions. Mayor Suarez: And the HMOs too. But I care about the unions. I would like to hear from them what they've done to solve the problem. Commissioner Dawkins: OK, I would like to hear from HMOs. Mayor Suarez: And we will have the HMOs also, obviously. Vice Mayor Plummer: Well, let's don't forget the employees who are the ones that are vitally concerned when you have that hearing. Mayor Suarez: Sounds like we're... 155 October 24, 1991 Commissioner Dawkins: I think that's what the Mayor means when he's saying the unions. I don't think he means... I think hip means the employees also. Mayor Suarez: Yes. Vice Mayor Plummer: No. I see the union as one group and I see the employees who are the ones that are suffering as another. Mayor Suarez: All right. And the unions are supposed to take care of them, we want to make sure that they are also here for that. Vice Mayor Plummer: No, because then you will get retribution against them. ---i----- -------------------------------------------------------------------- 21. (Continued Discussion) SCHEDULE FURTHER DISCUSSION ON ESTABLISHMENT OF MATERNITY LEAVE (FAMILY LEAVE) FOR MEETING OF NOVEMBER 14 (See label 19) . ------------------------------------------------------------------------------ Commissioner Alonso: Mr. Mayor. Mayor Suarez: Yes. Commissioner Alonso: I want to be sure that item 15 comes back in the next Commissioner meeting. Mayor Suarez: Yes. When are we going to have that? Vice Mayor Plummer: Item what? Commissioner Alonso: Yes, fifteen. The maternity leave, parental leave. Mayor Suarez: OK. Please get that scheduled for November 14th action including... for our Commission meeting including action to be taken. Vice Mayor Plummer: Are you going home and do something we don't know about? NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES CONSIDERATION OF REGULAR AGENDA ITEMS TO CONSIDER ITEMS FROM THE PLANNING AND ZONIN3 PORTION OF THE AGENDA. 156 October 24, 1991 _---- _ ----------------- - - ---------------- --.. -_-- - -- -- 22. BRIEFLY DISCUSS AND TABLE PROPOSED FIRST READING ORDINANCES CONCERNING AMENDMENT OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (MCNP), FUTURE LAND USE MAP, AND 11000 ATLAS, AT 2947-2949 S.W. 22 TERRACE (Owner/Applicant: Luis & Raul Galindo - See label 25B). ------------------------------------------------------------------------------ Mayor Suarez: PZ-1. Mr. Sergio Rodriguez: Mr. Mayor, we have PZ-1 and PZ-2, a letter from the office of Ferrell Cardenas Fertel and Morales asking for a continuance, and maybe, the lawyer... _ Mayor Suarez: Is anyone opposed to the continuance of PZ-1 and PZ-2? Yes, ma'am, give us your name. If this doesn't get into an argument, we won't have to swear you in, it's just the procedural thing. Ms. Alicia Morales: Oh, believe me, I'm not... OK. My name is Alicia Morales and I am with the firm of Ferrell Cardenas Fertel and Morales. Mayor Suarez: All right, but that's the... you're going to tell us the same thing that... Ms. Morales: Yes. Mayor Suarez: ... the assistant City Manager just put into the record which is basically that you would... Ms. Morales: Correct. Vice Mayor Plummer: Is there anybody here for this item that wishes to be heard? Mayor Suarez: Is anyone here to be heard on PZ-1 or PZ-2, and objecting to the continuance? Let the record reflect no one stepped forward, so I think that it's a proper motion at this point. Vice Mayor Plummer: I'll move. Commissioner Alonso: Second. Mr. Rodriguez: Sir, one second. Mayor Suarez: Yes, Mr. Assistant City Manager. Mr. Rodriguez: I believe there are some people in the back raising their hand. Vice Mayor Plummer: Well, we just... Mayor Suarez: All right, would you come up any one that is here on PZ-1 and PZ-2. OK, we are trying to figure out which one we are here on. Not PZ-1 or PZ-2? 157 October 24, 1991 Mr. John E. Gregalot: Are we referring to the item on 2947 and 2949? Vice Mayor Plummer: Yes, sir. Mayor Suarez: Yes. Vice Mayor Plummer: They are asking for this matter to be continued to the next meeting. Mr. Rodriguez: To November 14th. Vice Mayor Plummer: Do you have any objections to that, sir? Mr. Gregalot: Yes, I have objections. Mayor Suarez: All right. We'll swear in both the counselor and the gentleman, and anyone else that wishes to be heard on this item, please. Please stand up, ma'am, if you would and be sworn in. Any one else? Thank you, sir. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mayor Suarez: Maybe you want to state, counselor, first of all why you would like to continue and maybe that will ease their concerns or maybe not. Ms. Morales: OK. Vice Mayor Plummer: First of all, counselor, are you a registered lobbyist with the City? Ms. Morales: No, I'm not. Vice Mayor Plummer: Then you can't testify. Mayor Suarez: But she is with Al's firm, I think. Aren't you with Mr. Cardenas? Ms. Morales: Yes, I am. Vice Mayor Plummer: You're here for...? Ms. Morales: Yes, I am simply here on behalf of Mr. Cardenas. Vice Mayor Plummer: ... not the firm, it's individual attorneys. She has got to fill out the form. Mayor Suarez: All right, why don't we continue the item for a few minutes. Make sure you fill out the form, ma'am. Item PZ-3. Ms. Morales: OK, I'll be registered right now. Mayor Suarez: We'll be back with you in a second, sir, John. 158 October 24, 1991 • 1-------------------lip--------------------------------------------------------- 23. FIRST READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND USE MAP - CHANGE LAND USE DESIGNATION AT 4370-4650 N.W. 7 STREET (SOUTH SIDE ONLY) FROM MEDIUM DENSITY MULTI -FAMILY RESIDENTIAL TO OFFICE (Applicant: Planning, Building & Zoning Dept.). Mr. Olmedillo: PZ-3 and PZ-4 are companion items, Mr. Mayor and members of the Commission. Those are an application filed before the City for a change of zoning in this area between 44th Avenue and 47th Avenue NW and 7th Street. The... Mayor Suarez: Is anyone here that wish to be heard against PZ-3 and or PZ-4? Let the record reflect no one stepped forward. This is a Planning Department item? Mr. Olmedillo: Yes, sir, because it is an area -wide amendment and we presented to the Zoning Board as well as the... Mayor Suarez: All right, does any... is there anything else we need to put into the record before we vote and accept this ordinance? Mr. Olmedillo: Yes., just one thing. There are four lots which are between 44th Place and 45th Avenue which do not front on 7th Street, NW 7th Street and that is to be... we recommend it to be deleted... excluded from the zoning change... Mayor Suarez: From your own application? Mr. Olmedillo: ... on the applications. Mayor Suarez: All right. Nobody has any problems with that? Commissioner Alonso: Moved. Mayor Suarez: OK, moved by Commissioner Alonso. Vice Mayor Plummer: Let me ask this question. Mayor Suarez: I was afraid of that. Vice Mayor Plummer: What is the zoning to the east of there? - I can't see. Mr. Olmedillo: On 7th Street? Vice Mayor Plummer: Does this make the zoning... yes, of course, on 7th. Mr. Olmedillo: Commercial. Vice Mayor Plummer: Does this make this the same, compatible? 159 October 24, 1991 rY _ Mr. Olmedillo: It's compatible because it's an office zoning district, and the applicants who came before the City originally agreed that this is what they want and what they need. Vice Mayor Plummer: I don't care what they want. I am asking from the standpoint of the City. Is the zoning to the east of this the same zoning which is being applied here? Mr. 0lmedilio: No, sir, it is not. Vice Mayor Plummer: Why? Mr. Olmedillo: Because we considered... Vice Mayor Plummer: You give me half a map - now what is the zoning to the east? Mr. Sergio Rodriguez: It's C-1. Vice Mayor Plummer: I can't see, it doesn't tell me. Mr. Olmedillo: As you can see, on the upper. side of where it's colored yellow, it's C-1 and the C-1 runs on both sides of the street... Vice Mayor Plummer: OK. Mr. Olmedillo: ... east of this particular piece of property. What we are telling you is not the same, and the reasons for not being the same is that when we went to the site, the homes that exist today on 6th Street, abutting this office... proposed office district, are very sound homes, they are very stable. Bringing in a commercial activity into it will be an intrusion into the use and people will be reacting against it. Vice Mayor Plummer: All right. My question is, changing to an office designation, presently those are all like duplexes or one-story buildings. Mr. 0lmedillo: And single -families. Mr. Rodriguez: Single -families. Vice Mayor Plummer: All right. What will this zoning allow in height? Mr. 0lmedillo: It will be unlimited heights, but remember, you have a setback and you don't have a limitation on height. However, because of the depth of the lots, you've got a practical limitation. Remember, you've got to account for parking. Vice Mayor Plummer: Yes, but you know what's going to happen. They are going to go in there and buy up three or four lots, and under that circumstances, we could be looking at unlimited height. Mr. Olmed111o: But still, we... Vice Mayor Plummer: That's my concern. i 160 October 24, 1991 1P Mr. Olreedillo: The depth of the lot and the length of the strip that is befog rezoned is less than a hundred feet. Vice Mayor Plummer: With the depth of the lot, what 19 the highest they Could go presently? Mr. Olmedillo: It's a so complicated, there is no real answer because you've got to..-. Vice Mayor Plummer: There's got to be an answer. Mr. almedillo You've got to rely on the parking. Vice Mayor Plummer: If you determined on the depth of the lot as the governing, factor, what is the maximum height they can attain? Is it thirty feet? Is it fifty feet? Mr. Olmedillo: I cannot tell you. It's less than a hundred feet. Vice Mayor Plummer: Well who can? Mr. Rodriguez: I can give you a guess. Vice Mayor Plummer: Give me the guess. Mr. Rodriguez: I will say that if it is one lot, it will be probably be about three stories, max. If it is more than two lots, then you have more efficiencies in the way you can put lots together. Remember that we have already four of those properties being used as offices now. Vice Mayor Plummer: Yes, but you see, that's not my concern. At this present time, it's a hiatus kind of a thing. They are one floor, they are being used, they are-- old residence that has been converted to offices, that's not a damage. And if you've assured me that everything on that line was going to be one. story, I would not have the concern that I have. But when you're telling_ me -that it is unlimited height and somebody could accumulate three or four of those lots, and we could have a monstrosity sticking up in the middle of that, that's where I am concerned. Mr. 01medillo: Even if you assemble the entire block, you only have one half of the block, the half facing NW 7th Street. The depth of those lots is less than a hundred feet, it's about ninety feet. There is no practical way that you can put any high structure there, in ninety feet. Mayor Suarez: A needle... Mr-. Rodriguez: Because of the parking, specially. Commissioner Alonso: A needle. Mayor Suarez: You could put a needle going straight up a tower. Mr. Olmedillo: You can put a needle, but then there no space... 161 October 24, 1991 Mayor Suarez: You wouldn't be able to rent much space in it, but. Vice Mayor Plummer: Well, OK. In other words, the neighbors were fully aware of this. Mr. Rodriguez: Sure, yes. Mr. Olmed111o: It was advertised three hundred -and seventy-five feet. Vice Mayor Plummer: And none of the neighbors... Mr. Olmedillo: The neighbors that came in, came in support and nobody came against. Vice Mayor Plummer: All right, OK. Mayor Suarez: Moved and seconded by Vice Mayor Plummer. Any further discussion? If not, please read the ordinance. AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mayor Suarez: Sir, did you wish to speak? Unidentified Speaker: I wish to speak in favor. Commissioner Alonso: All right. It's about to pass, so if you have no faults with it, then why don't you just let it pass and you can send us a thank you letter. Mr. Quinn Jones: Mr. Mayor. Mayor Suarez: Yes. Mr. Jones: When I read the title, I didn't mention that it was as amended excluding those lots. Mayor Suarez: Very good. Call the roll. 162 October 24, 1991 A AN ORDINANCE ENTITLED - AN ORDINANCEAMENDING THE FUTURE LAND USE MAP OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR THE PROPERTY LOCATED AT APPROXIMATELY 4370-4650 NORTHWEST 7TH STREET (SOUTH SIDE ONLY), MIAMI, FLORIOA, (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE LAND USE DESIGNATION OF THE SUBJECT PROPERTY FROM MEDIUM - DENSITY MULTI -FAMILY RESIDENTIAL TO OFFICE; BY MAKING FINDINGS; INSTRUCTING THE TRANSMITTAL. OF A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Was introduced by Commissioner Alonso and seconded by Vice Mayor 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. 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. ------------------------------------------------------------------------ 24. FIRST READING ORDINANCE: AMEND 11000 ATLAS - CHANGE DESIGNATION AT 4370-4650 N.W. 7 STREET (SOUTH SIDE ONLY) FROM R-3 MEDIUM DENSITY MULTI- FAMILY RESIDENTIAL TO 0 OFFICE (Applicant: Planning, Building & Zoning Dept.). ------------------------------------------------------------------------------- Mayor Suarez: PZ-4 was a companion item? Mr. Olmedillo: PZ-4 is companion item, the zoning. Mayor Suarez: I'll entertain a motion on the item. Commissioner Alonso: Move it. Vice Mayor Plummer: Move it. Mayor Suarez: So moved by Commissioner Alonso. Seconded, Vice Mayor Plummer. Read the ordinance, please. 163 October 24, 1991 Mr. Maxwell: With the same amendments. Mayor Suarez: Call the roll. AN ORDINANCE ENTITLED - 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 PROPERTY LOCATED AT APPROXIMATELY 4370-4650 NORTHWEST 7TH STREET, (SOUTH SIDE ONLY), MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN), FROM R-3 MEDIUM -DENSITY MULTI- FAMILY RESIDENTIAL TO 0-OFFICE; BY MAKING FINDINGS; BY MAKING ALL NECESSARY CHANGES ON PAGE NO. 32 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Alonso and seconded by Vice Mayor Plummer and was passed on its first reading by title by the following vote: AYES: Commissioner Commissioner Commissioner Vice Mayor J. Mayor Xavier NOES: None. Victor De Yurre Miller J. Dawkins Miriam Alonso L. Plummer, Jr. L. Suarez 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. -------------------------------------------------------- --------------------- 25. (A) RESCHEDULE DECEMBER REGULAR AND PLANNING AND ZONING CITY COMMISSION MEETINGS TO BOTH TAKE PLACE ON DECEMBER 5, 1991 (See label 35). (B) (Continued Discussion) DISCUSS AND CONTINUE PROPOSED FIRST READING ORDINANCES CONCERNING AMENDMENT OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (MCNP), FUTURE LAND USE MAP, AND 11000 ATLAS, AT 2947-2949 S.W. 22 TERRACE (Continued to December 5th) (Owner/Applicant: Luis & Raul Galindo - See label 22). ------------------------------------------------------------------------------ Mayor Suarez: PZ-1 again, back to PZ-1. We've got the form filled out, we have counselors sworn in, the opponents, you wanted to continue? Why do you want to postpone this hearing, and maybe, it'll satisfy you if it seems like it might be in a better posture when it comes back, or maybe, it won't come back. 164 October 24, 1991 601 Akk Ms. Alicia Morales: OK. Mayor Suarez, Commissioners, we are asking that this hearing be... oh, I had, OK. My name is Alicia Morales, for the record. I am with the firm of Ferrell Cardenas Fertel and Morales at 201 South Biscayne Boulevard, Miami, Florida. I believe that we've sent to you from our firma hand delivered letter requesting that this matter be continued to your - November 14th 1991 meeting. The reason for this is that I am wholly unfamiliar with this matter and cannot represent the client in this matter. Mr. Cardenas was unable to be present today. And so I respectfully request that we be granted the continuance. Mayor Suarez: Are you aware of the objections that presumably the neighbors have, and are you interested in the next month or so, or whatever period of time it is - little less than a month, in working with them? Is that part of the reason for the continuance or can we say that that might happen? Ms. Morales: It's possible. Mayor Suarez: Possible, that's about it. All right. Mr. Rodriguez,: If I may for the record... Mayor Suarez: Yes. Mr. Rodriguez: I believe they have a letter on the record dated October 22nd in which they mentioned that they will try to meet with Albert and Theresa j Gregalot, Elizabeth Fleming, Brian Lazer, Jose Rodriguez, Jose Fernandez and John Gregalot, to try to see where they can work out some agreements with them. Mayor Suarez: Can't guarantee anything, John, but maybe they would be amenable to changes according to make it compatible to your wishes, I don't know, we can't guarantee that. In the meantime, all they are asking for is a continuance. Just means spending a little more time at City Hall. If at the end of that process it doesn't... Mr. John Gregalot: No, I'm a little bit breathless because of the circumstances. Mayor Suarez: Yes. Mr. Gregalot: We have been here to four meetings and these people have held the process, the Commission, and every one concerned here in contempt with the procedure they have followed. They have petitioned as the result of a citation. They were in violation of the zoning laws and a citation they... Mayor Suarez: What was the violation that he is referring to? What was it? Was it a...? y k '• Mr. Rodriguez: I believe it was the use of the property in question... Mayor Suarez: That's a duplex? Mr. Rodriguez: ... for commercial use. = 165 October 24, 1991 x Mayor Suarez: Commercial use? Mr, Rodriguez: Yes. It's a residential property and they were using it for warehousing, and also there was a driveway I believe, in the back, an area that was asphalted. Mayor Suarez: Warehousing at 2942 and 49 5W 22nd Terrace. Mr. Rodriguez: This is the area behind the Latin American Cafeteria. Mayor Suarez: OK. On 22nd Terrace. Mr. Rodriguez: Latin American Cafeteria is in the front. Mayor Suarez: And is it like surrounded by single family residences or is that an idea of mine? Commissioner Alonso: Adjacent to the parking lot. Mr. Rodriguez: In the adjacent... the property adjacent to this one, to the west 1s commercial, to the east, like this, is residential, to the north is commercial. Mayor Suarez: How did that strange looking... Unidentified Speaker: It's Radio Mambi. Commissioner Alonso: Radio Mambi, and the property, and a house adjacent to the parking lot, it's also commercial. Mayor Suarez: I see. Mr. Gregalot: They have... Mayor Suarez: So you're saying that they of course, this resulted from a violation? Mr. Gregalot: They were in violation... Mayor Suarez: And you think that have turn their noses at the City and at the process, and you have come to four hearings but not only one in this Commission, just today, right? Commissioner Alonso: Just the first time. Mr. Gregalot: Sir, let me bring it up to date here. I can do it. Mayor Suarez: But we can cut through a lot of it if I've not stated it correctly. This is the first time you've come before the Commission, right? The other hearings you referred to were at Zoning Board? Mr. Gregalot: The Zoning Board and they all recommended against the granting. And let me point out that these people merely petitioned as a result of the citation, and never once did they have a representative show up. They kept asking for a postponement because there was no one here. The people who... 166 October 24, 1991 Jr, Mayor Suarez: You know, we used to do that in traffic court. We would take a Couple of continuances and hope that the witnesses wouldn't show up. Mr. Gregalot: Well this is a game... Mayor Suarez: And by about the third time the witnesses wouldn't show up and you win the case, you know, but you can't do that here because we catch on, right counselor? - We catch on. That could be bad for them, this could be bad for them, what you're telling us. Mr. Frank Rutigliano: All we want is a wall, period. Mayor Suarez: You name, sir. Mr. Rutigliano: Frank Rutigliano, I live right next door. Commissioner Alonso: What they want is...? Mayor Suarez: All we want is a war - is that what you said? Mr. Gregalot: A wall. Mr. Rutigliano: A wall, just a wall, that's all. Mayor Suarez: Oh, a wall. Mr. Rutigliano: That's all we've been asking. No one comes to us. Mayor Suarez: All right. Commissioner Alonso: I don't see why they cannot provide the wall. I don't think that... Mr. Rutigliano: Legitimate wall between commercial and residential. We'll be here cheering for them to get it. Commissioner Alonso: Then... Mr. Rutigliano: She has nothing to do but say, do you want to give them a wall, or you don't? That's all it is. Mayor Suarez: Counselor, it sounds like you've got your work cut out for you to give them a wall. Commissioner Alonso: Yes. Mr. Rutigliano: That's it. Mayor Suarez: Because you're not going to get the three votes here otherwise. Mr. Rutigliano: No, between the residence and commercial, that's all, nothing else. 167 October 24, 1991 Commissioner Alonso: Are you in a position of making a decision today about that wall? Maybe you got your case. Ms. Moralest See, unfortunately, no, I'm not. Mr. Rutigliano: That's all we want. There is no discussion, just a wall. Ms. Morales: As I indicated to you earlier, I was here to request a continuance, Mr. Cardenas is familiar with this matter... Mayor Suarez: No, no, we know that. Ms. Morales: Right. Mayor Suarez: Don't give us all of that again. Mr. Morales: As I indicated... Mayor Suarez: All right, ma'am, it sounds like you're going to have to come up with a wall. Ms. Morales: We were happy to discuss it with them further. Commissioner Alonso: That's very easy. Mayor Suarez: All right, so we may as well tell them that because we're not voting on it if we give them a continuance, if we give you a continuance rather, it's your request, not theirs. They want to get it resolved right now. They want us to vote against you. Mr. Rutigliano: They put a wall between the time, we'll come in and cheer. Mr. Gregalot: Yes. Mayor Suarez: So, you might want to take a very strong message back to your client that no wall, no approval by this Commission, that's what it comes down to. I think I am speaking for Commissioner Alonso, Commissioner Dawkins is shaking his head yes, I am speaking for myself and the Vice -Mayor over there - he is getting a little tired, believe it or not, but. Commissioner Dawkins: Anytime he is quiet like this, he is tired. Mr. Rutigliano: But... excuse me, before we come back, a wail, not after, before. Mayor Suarez: He may be sick, but. Mr. Gregalot: Can I call for a point of order, sir? Mayor Suarez: Yes. Mr. Gregalot: I would like to state the situation and I respect very much your position and I wish you would respect mine. 168 October 24, 1991 I Mayor Suarez: Yes, go ahead, please. I thought I was doing pretty well for you but maybe, you can do better for yourself. Mr. Gregalot: I tried to explain that these people are in violation in every respect. They are using a duplex building on 22nd Terrace to accommodate a building on Coral Way. They are interfering with all the residential property there, and they are in contempt of every zoning rule there is there. And they have not showed up as a result of their petition. Now they come back here again on this meeting to ask for another continuance. That is five times. Don't we people have a right to expect that we should be heard and recognized for our rights as the people who live around there? We have people who are not well, we have people who have to travel and make appointments and they think that, just say, let's make a change and maybe by attrition they won't show up and it will be approved. Ms. Morales: Forgive me, but... Commissioner Dawkins: Let me ask, sir, the administration has recommended denial, OK? Mr. Gregalot: That's right. Commissioner Dawkins: This Commission appears to be headed in the direction of denial, right? But you do have laws and regulations and regardless of whether we agree or disagree, a valid point has been made. An attorney comes and says that it cannot represent its client because it is not familiar with the case. So now me as a Commissioner, must go along with that the same as if they had come up here and this was the first time you had come here and your attorney said to me, I am not prepared to defend my client properly, will you give us a month? Now, what I have heard this gentleman in the green shirt say is even though the administration has recommended denial, and even though the Commission may be compelled to go with denial, if they build him a wall, he wants to recommend to me that I go along with the project. See, so let's try to see if... I mean, I know it's inconvenient to you but I think that for a time certain, at the next meeting that if you do not have your wall this would be denied. You will not have to come back again. Vice Mayor Plummer: Can I... may I inquire, Mr. Mayor. Commissioner Dawkins: Go ahead, J.L., yes. Oh, I'm sorry, but the City Attorney is trying to say something. Mr. City Attorney. Mr. Maxwell: No, I was trying to determine... Vice Mayor Plummer: Do you want longevity? Mr. Maxwell: I was trying to ask whether or not they were sworn in, sir. Vice Mayor Plummer: Do I understand from both of you which are the only objectors, that if a wall... three of you, any of the objectors, if the wall is built you're not in accord? Ms. Theresa Gregalot: I was sworn in. 169 October 24, 1991 r �a �.. YR Vice Mayor Plummer: I'm sorry. I am trying to -,ind a compromise. Ms. Gregalot: No, I still object. Vice Mayor Plummer: You object even if the wall is built. Ms. Gregalot: Yes. Vice Mayor Plummer: OK. Then that answers that compromise. Commissioner Alonso: But he said if... Ms. Gregalot: That's what he said. Commissioner Alonso: OK. Mayor Suarez: But that doesn't apply to you necessarily? Commissioner Alonso: In his case. - Mayor Suarez: OK, what is your name, ma'am? Ms. Gregalot: I am Theresa Gregalot. Mayor Suarez: Theresa? Ms. Gregalot: I am Mrs. Theresa Gregalot and I live at 2950 SW 22nd Terrace almost across the street from this property. And I think that we kind of simplified the thing and I'll try to take just ten minutes of your time, if I may, please. Vice Mayor Plummer: Ten minutes? Ms. Gregalot: Yes. Vice Mayor Plummer: Not if we are going to defer it, ma'am. Ms. Gregalot: Oh. Vice Mayor Plummer: If we're going to defer it... Ms. Gregalot: No, you may not defer it if you hear what I have to say. This has been going on... Mayor Suarez: But not ten minutes. Just tell u> briefly. We almost have the matter memorized by now, believe me, there is very little you can add that we don't know. Ms. Gregalot: All right. This thing has gon: on since Mayor High was in office. This area has been troublesome. Athalie Range once said, "why can't we solve a problem without destroying a residential area?" I agree with that. Alice Wainwright, I spoke to her many times, I spoke with Mayor High. I haven't contacted Commissioners lately, but this has been going on at intervals all along, always three meetings, always postponements, always more. 170 October 24, 1991 AL This meeting that was coming up + and I left an ill daughter in Tampa and came home for the meeting, and it was postponed. Mayor Suarez: Which meeting was that? The Zoning Board? Ms. Gregalot: It was the zoning - and all right, we got the notice and it was postponed. And now, she needs corrective surgery and I need to help her out with a one month old and a two-year old, and everything is in limbo. I don't know when to say I can come, now with this meeting be postponed, maybe, until the middle of December, maybe I have a chance to move this. Mayor Suarez: No, no, it would be November 14th and we would give you a special time and as Commissioner Dawkins said, we would... Vice Mayor Plummer: Mr. Mayor, why can't we make it in December for her convenience? Ms. Gregalot: Then this knocks me out because... Mayor Suarez: Well, you prefer in December? Yes, but they might not. Ms. Gregalot: Well. Vice Mayor Plummer: She prefers December. Ms. Gregalot: Will you prefer December? Mr. Gregalot: It would be preferable to make it in December. Vice Mayor Plummer: Well, we can do that. i Mayor Suarez: Oh, everybody agrees to December. Commissioner Alonso: Well, then. Vice Mayor Plummer: We can do that. Mayor Suarez: Counselor, it sounds like your best shot is to have it in December. Ms. Morales: I have no objection to that. i, Mayor Suarez: Good. l Ms. Gregalot: There is one more thing I want to bring up. I am not satisfied with just a wall. I want a setback, I want shrubbery, I want to screen off the noise and the lights, and the dust. Mayor Suarez: All right, negotiate all of that with them because if they don't give you pretty much every thing you want %-hey're going to lose. Ms. Gregalot: All right. 171 October 24, 1991 101 Mayor Suarez: Plus, we're going to be able to have this hearing in December and we do not know yet what day in December, do we? Vice Mayor Plummer: No, that's what I was just going to bring up, Mr, Mayor, Mayor Suarez: While we go ahead and try to figure it out. It's not always easy for us to decide when in December we're going to meet but we have to... Ms. Gregalot: Well, I have to wait to hear from my daughter's specialist. Mayor Suarez: Or, we're going wait until you let us know when we should meet In December and then we'll meet that day. Ms. Gregalot: Well, I'll tell you what, I want to get over there and help the kid. Mayor Suarez: It's pretty good, pretty good. Commissioner Alonso: December is a problem. Ms. Gregalot: You know, but this... they have inconvenienced us many, many times, many, many years. Commissioner Alonso: When are we going to meet in December? Vice Mayor Plummer: No, we normally have one meeting in December. Commissioner Alonso: I know. Mayor Suarez: We have an excess of democracy here, I've always said. Ms. Gregalot: I know, that's what we need a good old City Nall meeting. Mayor Suarez: What's a good date for you in December, ma'am? Ms. Gregalot: I'll tell you what. Vice Mayor Plummer: I'd rather have it earlier. Ms. Gregalot: If we're going to discuss it, maybe, I could discuss it with the young lady and all of us, and maybe... Mayor Suarez: Ma'am, we have to try to pin a date in December. Ms. Gregalot: You have to set up the appointment now? You have to set up the date now? Mayor Suarez: Yes. Commissioner Alonso: Maybe December the 5th. Mayor Suarez: We better because... Ms. Gregalot: Well, then, make it January? 172 October 24, 1991 � { r ;.e 4 � } F Vice Mayor Plummer: What year? Ms. Morales: No objection. Ms. Gregalot: Oh, next year, coming. Mayor Suarez: For the year Jan... two thousand and one, we hereby continue the item. Ms. Gregalot: Coming January. Well, we've fougit this for decades, why can't we take one month? Mayor Suarez: Ma'am, let's go for December, I think that's the most reasonable time. Vice Mayor Plummer: Mr. Mayor, can I advocate at this time to my colleagues... Ms. Gregalot: All right. Mayor Suarez: Yes. Vice Mayor Plummer: ... that we consider in December as normal, that we have one meeting in the morning and one meeting in the afternoon. Mayor Suarez: Of what date? Vice Mayor Plummer: I will recommend December 5. Mayor Suarez: OK, we've got it now for December 12th, why not the 12th? Vice Mayor Plummer: Because that would give us one, two, three, almost four weeks of vacation. I mean, you know, I don't know if any of you are going to do anything for the holidays. Mayor Suarez: December 5th, you said? Vice Mayor Plummer: Fifth. i Mayor Suarez: All right, so moved as to our meeting. Vice Mayor Plummer: Subject to any Commissioner having an objection, we can discuss it at a later time. Commissioner Alonso: OK. Second. Mayor Suarez: Seconded. Ms. Gregalot: All right, since I didn't have an opportunity... Mayor Suarez: How does December 5th sound to you, ma'am, since apparently you are about to vote on this? 173 October 24, 1991 Ms. Gregalot: I don't know when my daughter will need us, and she will need me for at least three weeks. I know that. And I have been inconvenienced... I came back from Tampa for the meeting. I mean, I've been inconvenienced greatly, you know, and I am willing to compromise but I need this thing. Mayor Suarez: That's true. And we've... and by the way, let me say this. I want it to be understood that everything you have said here today, should you not be able to come, will be incorporated into the record, we will remember this case. Ms. Gregalot: All right. Mayor Suarez: I guarantee you, we're going to remember this. Vice Mayor Plummer: Mr. Mayor, let me go back on my compromise again. Commissioner Alonso: She is taking notation of that, I'm sure she is. Ms. Morales: Yes, I am. Ms. Gregalot: All right, one more thing. Mayor Suarez: Wait, wait, wait. Vice Mayor Plummer: Wait a minute, listen to what I might try to do to try to help you. Ms. Gregalot: All right. Vice Mayor Plummer: All right? According to our law, if we defer this item, it's going to take two more readings and the second reading has to be thirty days after the first reading. Now, compromise it is that we approve it today for first reading, if they don't compromise, we then still can deny it on second reading, but what I am saying to you is, you'll only have to come back one more time. Commissioner Alonso: Once. Vice Mayor Plummer: You understand that? Mr. Rutigliano: Yes. Mr. Rodriguez: Mr. Commissioner. Vice Mayor Plummer: If that's what you want. I am trying to save you one visit to spend more time in Tampa. Commissioner Alonso: That makes sense. Mayor Suarez: I'm not sure it's a good idea, but go ahead. Mr. Rodriguez: Now, there is a problem, because this case we had to send it to Tallahassee because it's an amendment to the comprehensive plan. So we are sending on the first reading, whatever we send, this is what we send. 174 October 24, 1991 W Vice Mayor Plummer: I tried. Mayor Suarez: But we will guarantee you this, whatever we do on first reading, you need not come back on second reading. We will try to make sure that we pledge to you our vote will not change and you won't have to be coming back all the time. All right? Ms, Gregalot: All right. Since I didn't have an opportunity to present all my facts, can I make an appointment with either one of you two gentlemen and see you sometime personally? Mayor Suarez: No. Make it with the lady. Ms. Gregalot: Oh, see. Well, all right, I'll compromise. I will see both of you. Mayor Suarez: Yes, absolutely. Vice Mayor Plummer: She understands lady problems better than we do. Mayor Suarez: There's my chief aide right there, the lady with the red dress. Ms. Gregalot: I'll make an appointment to see one of you next week. Mayor Suarez: All right ma'am, very good - as long as you are in town. Ms. Gregalot: Thank you. Mayor Suarez: December 5th, we have a motion and a second. Vice Mayor Plummer: Yes, sir. Mayor Suarez: To continue this matter until December 5th. Commissioner Alonso: Yes. Vice Mayor Plummer: It will be... Mr. Rutigliano: Did they ever fine? One second, last meeting they said they were going to try to fine Latin American Restaurant two hundred -and -fifty dollars a day because they were using the property... Vice Mayor Plummer: Well, no, sir, normally everything when litigation is pending, the fines are upheld. Ms. Rutigliano: Well, this was like the property they were using they're not supposed to use. They are using it now as a parking lot. Vice Mayor Plummer: But sir, the normal situation, whenever litigation is pending, fines are also pending. Mr. Rutigliano: Oh, you... more money. 175 October 24, 1991 11 Mr. Rodriguez: Well, in these... Vice Mayor Plummer: Yes, you say, more money but let me tell you, of all the fines imposed by Code Enforcement, I think we have something like twenty million dollars in liens, try to cash them at the grocery store. Ms. Gregalot: I just want to say thank you, you re been very considerate. Mayor Suarez: All right, sir, and thank you for your involvement and we hope you will be satisfied at the end of the process even though it's been a little painful up to now. Commissioner Alonso: Yes. Vice Mayor Plummer: The first motion is to change the meetings of December to December... I so move Mr. Mayor in reference to the meetings in December. Mayor Suarez: So moved. Commissioner Alonso: Second. Mayor Suarez: So moved and second as to the meeting. Commissioner Alonso: Yes, call the roll. Mayor Suarez: Call the roll as to the meeting and then we will take a continuance on this item. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 91-774 A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY COMMISSION MEETING IN DECEMBER, 1991 TO TAKE PLACE ON DECEMBER 5, 1991, COMMENCING AT 9:00 A.M.; AND RESCHEDULING THE SECOND REGULAR CITY COMMISSION MEETING IN DECEMBER, 1991 TO TAKE PLACE ON DECEMBER 5, 1991 COMMENCING AT 2:00 P.M. (Here follows body of resolution, oriitted 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: 176 October 24, 1991 P�. WE'��f t AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miller J. Dawkins. Vice Mayor Plummer: Now I move that items one and two be deferred until December 5th. Ms. Morales: Thank you Mayor Suarez and Commissioners. Mayor Suarez: PZ-1 and PZ-2 be continued. Mr. Maxwell: PZ-1 and 2. Mayor Suarez: So moved. Vice Mayor Plummer: PZ-1 and 2 to the afternoon of December 5. Mayor Suarez: Call the roll on the item - on the motion. Vice Mayor Plummer: That's what I said, one and two. I've got to make two motions. On the first motion, item PZ... Mr. Maxwell: No, sir. Ms. Matty Hirai: Why? No. Vice Mayor Plummer: I don't know why. Mayor Suarez: No, no, no. Ms. Hirai: One is fine. Mr. Maxwell: No, sir, that's not necessary. Commissioner Alonso: Please. Mr. Maxwell: No, you don't. Mayor Suarez: It's PZ-3 and 4 are continued. Moved and second. Vice Mayor Plummer: Well, tell "yo-yo" over here that, would you? ON MOTION DULY MADE BY VICE MAYOR PLUMMER AND SECONDED BY COMMISSIONER ALONSO THE ABOVE ITEM WAS CONTINUED TO THE COMMISSION MEETING ON DECEMBER 5TH BY THE FOLLOWING VOTE: 177 October 24, 1991 AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miller J. Dawkins. 26. APPROVE AMENDMENT TO RESTRICTIVE COVENANT RUNNING WITH THE LAND FOR PROPERTY OWNED BY FLORIDA DEVELOPMENT ASSOCIATES CORPORATION AT 1918 BRICKELL AVENUE, ELIMINATING CERTAIN REQUIREMENTS (Owner/Applicant: Nasser Edrisi). Mayor Suarez: PZ-5. Mr. Olmedillo: It's five, Mr. Mayor, is a request to amend an existing restricted covenant on 1918 Brickell Avenue. The case is that there is a restriction... Mayor Suarez: Who is here to be heard on this item other than counselor? Vice Mayor Plummer: Are there any objectors? Mayor Suarez: Let the record reflect there are no objectors. Vice Mayor Plummer: Planning Department approval? Commissioner Alonso: For what item? Mayor Suarez: Do you recommend this? Mr. Olmedillo: We recommend approval to the height and setback, rear setback. There is a... Vice Mayor Plummer: Is that what you're asking for? I move item 5. Mayor Suarez: So moved. Commissioner Alonso: Yes, I second. Mayor Suarez: Seconded by Commissioner Alonso. Any discussion? If not, please call the roll. 178 October 24, 1991 The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 91-775 A RESOLUTION, WITH ATTACHMENTS, APPROVING AN AMENDMENT TO THE ZONING COVENANT RUNNING WITH THE LAND, DATED MARCH 30, 1989, RECORDED IN OFFICIAL RECORDS BOOK 14253 AT PAGE 448 (THE "ORIGINAL COVENANT", FOR THE PROPERTY PRESENTLY OWNED BY FLORIDA DEVELOPMENT ASSOCIATES CORPORATION (THE "OWNER"), LOCATED AT 1918 BRICKELL AVENUE, MIAMI, FLORIDA, (THE "PROPERTY") TO ELIMINATE THE FOLLOWING REQUIREMENTS: "A. BUILDING HEIGHT LIMITATION: THE HEIGHT OF BUILDINGS ON THE PROPERTY SHALL NOT EXCEED 40 FEET EXCLUDING ANY MECHANICAL AND EQUIPMENT PENTHOUSES, ELEVATOR PARAPETS AND ORNAMENTAL PEDIMENTS, AND B. SETBACK: THE SETBACK OF BUILDINGS ON THE PROPERTY SHALL BE NO LESS THAN 40 FEET FROM THE NORTHWESTERLY PROPERTY LINE", AND TO SUBSTITUTE THEREFOR THE FOLLOWING REQUIREMENTS AND RESTRICTIONS" "THE HEIGHT OF THE BUILDINGS SHALL NOT EXCEED 50 FEET AND THE SETBACK OF THE BUILDINGS SHALL BE NO LESS THAN 20 FEET FROM THE NORTHWESTERLY PROPERTY LINE"; SUCH APPROVAL BEING SUBJECT TO THE EXECUTION AND RECORDATION AT OWNER'S EXPENSE OF AN AMENDED COVENANT RUNNING WITH THE LAND, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AS EXHIBIT "C". (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner A1onio, 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: Commissioner Miller J. Dawkins. ABSENT: None. Mayor Suarez: Are you... Ms. Lucia Dougherty: Thank you. Mayor Suarez: ... just out of curiosity, are you actually build something there on this property? It seems like its gone to this Commission quite a few times. Ms. Dougherty: Yes. We have a buyer for this property and the property next door to build thirty-six units where fifty-four are permitted. 179 October 24, 1991 Mayor Suarez: Sounds good. Ms. Dougherty: Thank you very much. Mayor Suarez: We need the tax base. ----------------------------------------------------------------------- 27. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED SECOND READING ORDINANCES: (a) AMENDING CODE CHAPTER 2 (ADMINISTRATION) REGARDING AN ANNUAL ACCESSORY USE CERTIFICATE FOR HOUSEBARGES ON THE MIAMI RIVER AND ESTABLISHING A FEE; AND (b) AMENDING 11000 ZONING TEXT (ARTICLE 4 - ZONING DISTRICTS, PR PARKS, RECREATION / OPEN SPACE DISTRICT, ETC.) TO RECOGNIZE EXISTING MARINAS AND ANCILLARY FACILITIES TO REQUIRE SPECIAL EXCEPTION FOR NEW MARINAS, ETC., TO PROVIDE: (1) AN EXCEPTION TO HOUSEBARGE PROHIBITION, (2) GRANDFATHERING OF CERTAIN HOUSEBARGES, AND (3) DEFINITION FOR NAVIGABLE WATERWAY, HOUSEBARGES AND HOUSEBOATS; TO ALLOW TEMPORARY OCCUPANCY OF PRIVATE PLEASURE CRAFT AS LIVING QUARTERS (See label 31). ------------------------------------------------------------------------------ Mayor Suarez: PZ-6. Mr. Joe McManus: Mr. Mayor and members of the Commissioner, items PZ-6 and PZ-7... Mr. John Brennan: I'll defer to you first. Mr. McManus: ...are essentially companion items. PZ-6 refers to the inspection fee for houseboats and housebarges. Seven gets under the substance of the whole live -aboard situation. Mayor Suarez: All right. Mr. McManus: Could I proceed then with PZ-7? Vice Mayor Plummer: Well, hold on just a minute, if I may. Mayor Suarez: Yes, we can take him in whatever order you want. Vice Mayor Plummer: Because we're going to have a request from John Brennan which I think the Commission should or should not consider. Mayor Suarez: Right, and I think we're going to have objections on any kind of continuance, so why don't we swear both you and Mr. Brennan in. We hate to have to do it in view of the fact that you head one of our boards, but I think the Code includes you, and counselor and your clients. Anyone else that would be heard on the issue that the issue that might come up tonight of continuance on this or approval or disapproval. Please be sworn in, madam City Clerk. Anyone else that might be heard on it, please, stand up and be sworn in. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. 180 October 24, 1991 I-1 Mr. John Brennan: Am I up? Mayor Suarez: Brennan, on behalf of the Waterfront Board, wants to continue this because you want to have more input. Haven't we spent a lot of time on this issue, including the Waterfront Board? -the non -Waterfront Board, etcetera, etcetera, John? Mr. Brennan: Yes, sir. A lot of time has been spent. The Waterfront Board is not devoted the time that we think it ought to get, partly because the Issue was brought to the Waterfront Board the way a lot of them are brought here. And we expected it would be a year before this would come back, but we've already decided we want to look at it so that it's fair to everyone. Even now it appears to have been changed from what happened at the first reading, Mayor Suarez: OK, tell us about that. Has there ever been any change from first reading? This is the second reading on an item that has been much debated... Commissioner Alonso: What do you mean it was changed from first reading to now? Mayor Suarez: ...much... very painful. I wondered, and a few of us wondered out loud, why it ever even came up for consideration, etcetera. Mr. McManus: In July, you passed it on first reading grandfathering in the slips... Mayor Suarez: Right. Mr. McManus: ...because the housebarges had already been grandfathered. Mayor Suarez: Right. Mr. McManus: He said that there should be an FL I.D. number assigned to the vessel. Mayor Suarez: Right. Mr. McManus: And then there is some discussion about the fact that the initial inspection should look at serious safety problems with the vessels with the idea that any sanitary improvements could be deferred a year. So that's the whole direction. Mayor Suarez: With the idea that's sanitary? Mr. McManus: Example, if somebody had to install certain sanitary devices on the vessel, that could be delayed for a year till the second cycle came around. Vice Mayor Plummer: Well, also for the onshore having the availability of pump out station. 181 October 24, 1991 Unidentified Speaker: Yes. Mr. Mayor... Mayor Suarez: Wait, wait, wait. I just want to see from the Waterfront Board. Unidentified Speaker: Let him resolve whatever he wants to say. Mr. Brennan: Actually, the total look at what we're trying to do - and this was the basics that we tried to present at the first reading - no one appears to know what we are trying to do, why we are trying to do it, or who wants it done. these are the three questions that the Mayor asked, the Zoning Board asked, and we asked. And we didn't seem to get any real answers. We'd like to look at it in a condition where we're not pressed for time, and we can look at the total scenario. Mayor Suarez: Yes, but I asked a question with a whole different thrust from the way you're asking it. I asked a question thinking that maybe the matter should never have been... come this far, and these people should not have had to spend their time coming here and their counsel, etcetera. Not in the other sense. What... Mr. Brennan: That is part of what we want to look at too, sir. Mayor Suarez: Well, I think the best thing is, frankly, unless some Commissioner feels otherwise and wants to move it, and then I'm not sure how the vote is going to come out. For myself, I think we ought to just hear it. Give us all your input. Have them give their input, and let's vote. John, we can always rehash it at the Waterfront Board, we can always amend it. I don't think we're giving up the right to amend any of this. And tighten it, if you're concerned about tightening it. We're basically grandfathering in a very discreet number of housebarges. Are we not? Mr. McManus: That's correct, 39. Mayor Suarez: Specifically how many? Mr. McManus: We have 38 housebarges, and another eleven private pleasure craft we use as liveaboards in the residential districts. A total of 49. Commissioner De Yurre: What about the concept of grandfathering in the locations? Mr. Sergio Rodriguez: And also... Mayor Suarez: That's what he was just saying. Mr. Brennan: Mr. Mayor, we are your advisors, that's all. Commissioner Alonso: That one is included in PZ-7, isn't it? Mr. Sergio Rodriguez: PZ-7 had the listing. 182 October 24, 1991 Commissioner Alonso: PZ-7 covers also the property. Mr. Al Crespo: There are two... Mayor Suarez: Initially just the barges. Now it's both. Mr. Crespo: First off... Mr. Sergio Rodriguez: But we were also, Mr. Mayor, we also in the ordinance include the grandfathering of the slips. Mayor Suarez: That's what I just said. Mr. Rodriguez: You know, as they relate to the housebarges. Mr. Crespo: OK, Mr. Mayor... Mr. McManus: Mr. Mayor, if I could continue one more minute. Mayor Suarez: Yes, please. Anything to move this along. Mr. McManus: I indicated that there was a... we wanted to make a change on second reading in the number of housebarges, private pleasure craft and their slips, to a total of 49. One proposed change. Mayor Suarez: What's the proposed change? Mr. McManus: That was it, changing the numbers slightly. Second, in talking with Department of Natural Resources in Tallahassee, I find out that a vessel can get an FL I.D. number. And according to the... 1 Mayor Suarez: That was... I think it grew out of a concern or a suggestion from Commissioner Plummer, Vice Mayor Plummer, right. s Mr. McManus: According to the Florida Constitution, you cannot apply personal property taxes to that vessel. Mr. Crespo: Mr. Mayor... Mr. McManus: The other part of that is, the housebarges are defined as floating structures in the Florida legislation. Those floating structures are subject to tangible personal property taxes by the Dade County tax assessor. What we want to do is adjust the language here that the housebarge or vessel would either get an FL number or would show proof of payment of the tangible personal property. Vice Mayor Plummer: What about ad valorem? Mr. McManus: That's the same thing. Joel Maxwell, Esq.: You don't want to. If the intention of the Commission is that these vessels - not vessels - but these structures be subject to taxation, and I believe that seemed to be the will of the Commission the last time... 183 October 24, 1991 P', _U w Vice Mayor Plummer: Yes. Mr. Maxwell: Well, then, you don't want to force them to get an FL number. That would defeat that purpose. Mayor Suarez: Right. Mr. Crespo: All right, Mr. Mayor... Mr. McManus: Mr. Mayor... Mr. Crespo: One moment, Joe, before we go any further. Mayor Suarez: What difference does it make? We're just trying to get this resolved. Mr. Crespo: That's what I want to do, sir. Mayor Suarez: We're trying to follow whatever you want, as far as I'm concerned, it makes it simpler. Mr. McManus: The third... Commissioner Alonso: Me too. Mayor Suarez: And I think Commissioner Alonso, and possibly a third. Joe, finish up please. Mr. McManus: Third area. I think Mr. Rodriguez has visited around and talked to people. And Mr. Rodriguez has a concern. He has six slips that he... Mayor Suarez: That should be tomorrow's headline, right there, Mr. Rodriguez has a concern, all right. Mr. McManus: He wants the six slips grandfathered. Commissioner Alonso: We did, last Commission meeting. Mr. McManus: What we want to do is adjust the language that we currently have... Mayor Suarez: God, you guys have made this difficult, Joe. Mr. McManus: ...to satisfy Mr. Rodriguez's concern. Mayor Suarez: I don't understand any of that. Vice Mayor Plummer: I don't either. Mr. McManus: It would... Mayor Suarez: What language do you want to adjust? 184 October 24, 1991 0 Commissioner Alonso: Believe me, if... Mayor Suarez: Yes, Commissioner Alonso, Commissioner Alonso: ...if I can make some sense. I did ask for the transcript of the last Commission meeting because some people were telling me, we didn't do it last Commission meeting. Indeed, we did. I asked for legal opinion at the time. We were told exactly what to follow, how to do it. We did exactly that. So we addressed exactly what we are discussing today. So it should be included here, isn't it? Mr. McManus: Madam Commissioner, what I'm saying is, we want to adjust this language to do exactly what you're saying. Commissioner Alonso: So you mean to tell me that even though... Mayor Suarez: Good. We all want to adjust everything to accord with what everybody else wants. Commissioner Alonso: But, the problem is, are you telling me that whatever we did last Commission meeting, you did not follow what we told you to do? And now we have to change the language? Mr. McManus: Commissioner, what we did for... what we prepared for you was to say there were grandfathered housebarges and grandfathered slips. Commissioner Alonso: Yes. Mr. McManus: And they could interchange. But you couldn't introduce a new housebarge, say from Key West, into the system. Mr. Sergio Rodriguez: Right. Mr. McManus: Now, I think what the Commissioner is saying is that Mr. Rodriguez wants the ability to introduce a new substitute housebarge. Which we will... Commissioner Alonso: I think so because, otherwise, what's the point of telling him you are grandfathered and then he has no barge or boat or whatever in the facility? I remember me going into the explanation. This gentleman, perhaps, when he acquires that property, he did it because of the incentive of what he had there. And that's why we... Mr. McManus: Commissioner, what... Vice Mayor Plummer: But let me ask this question. What about the taxes for the municipal services that have to be provided? I don't know, Mr. - this gentleman here... Commissioner Alonso: Commissioner, excuse me, but why don't we finish with this portion, and then we go into the taxes, or we go into the taxes and then we go into this. 185 October 24, 1991 Mayor Suarez: All right, it looks like we're going to have to do everything tonight. Commissioner Alonso: Because we will never make any sense. Mayor Suarez: It seems like we've rehashed all this many many times, but it looks like we're going to have to do it one more time. Commissioner Alonso: I thought that's exactly what we did the last Commission meeting. Mayor Suarez: Yes, I could have sworn we did. Commissioner Alonso: Or why don't we forget about all of this? The Mayor has been asking why are we facing all of this? I've been asking myself the same question. Why do we have to go through all of this, and now I thought it was over, it was behind us. Everything was happy when we left. They were pleased. I was delighted. I thought I would never hear about this, and here I am back and I know we will have then again phone calls and meetings and staff and taxpayers' money wasted, and time that we can use in something constructive. And here we are again in a step one. I wonder why? Why in the world? Mayor Suarez: As to the definition... Mr. Manuel Rodriguez: Because of Mr. McManus. Mayor Suarez: Wait, wait, as to what... Vice Mayor Plummer: Can I ask one question since... Mayor Suarez: Let's get to the taxes in a second if we may, Mr. Vice Mayor. Vice Mayor Plummer: No, no, this is a different question. Mayor Suarez: But wait, she needs to clarify. Joe, have we come to grips with the notion that the person who has a slip gets grandfathered in? And if so, what exactly do we mean by grandfathering that person if there is not presently a housebarge there? Mr. McManus: If there's no housebarge there... Mayor Suarez: Right. Mr. McManus: ...then a slip is not grandfathered. Mayor Suarez: OK. Commissioner Alonso: Ha! Mr. McManus: You've got... Mr. Manuel Rodriguez: The definition I have found out about grandfather... 186 October 24, 1991 r "��r y"tal Lyf' Vice Mayor Plummer: OK, I'm trying to listen. Mr. Manuel Rodriguez: ...whatever is there stays. Mayor Suarez: That's what I understand to be grandfathering. Mr. Manuel Rodriguez: The use of my property has to be grandfathered to use housebarges. Vice Mayor Plummer: Now my question. What is the... since they're... you know, this is ridiculous to me that you're formulating ordinances for one man. If that... Commissioner Alonso: No, but what we have in existence. Vice Mayor Plummer: OK. The property in question since we are doing this for one individual it seems like, what is the present zoning of that property? Mr. McManus: SD-4. Vice Mayor Plummer: Which will allow what density? Mr. McManus: It's 1.72 floor area ratio. Vice Mayor Plummer: OK. Mr. McManus: It's a semi... Vice Mayor Plummer: How many houses could he build on that property - and I don't know the size of his lot - if, in fact, he were to build houses on that property? Mr. McManus: He has built apartment units on the property. l Vice Mayor Plummer: He has apartment units on it now. Mr. McManus: Yes, how many do you have? Mr. Manuel Rodriguez: There is 20 units there. Vice Mayor Plummer: Twenty units there now, and I'm assuming that that pretty well utilizes the piece of property. b Mr. McManus: I don't know, Commissioner. Mr. Manuel Rodriguez: Vice Mayor, there is one acre of land right there. Vice Mayor Plummer: Well, I can't answer that, sir. I don't know your property. The footprint is pretty much the utilization of the property? Mayor Suarez: The footprint is pretty much the utilization of the property. What the hell does that mean? Vice Mayor Plummer: That's right, the footprint of the building. 187 October 24, 1991 Commissioner Alonso: He must have setbacks, I hope. Vice Mayor Plummer: No, no, no, that's not my point. Could he... Mr. Sergio Rodriguez: He could probably on one acre, he could probably put more property over there, more development. Vice Mayor Plummer: OK, the point I'm trying... Mr. Sergio Rodriguez: More units. Vice Mayor Plummer: OK, the point I'm trying to make is, since we're making ordinances around here for one person which I never heard of, but my concern is the concern still that if, in fact, it's a single resident family, which there are, I think, some of them are involved, you are in effect making it more than a single family when you allow any kind of vessel or person living on that property to utilize and because of that, it's my then concern that we have to provide municipal services to that second unit, be it a houseboat or a yacht or whatever it is, and the only tax that we're collecting is on the property itself. That's the area of my concern. Mayor Suarez: All right, and that is the classic argument on taxes that you have been making. Vice Mayor Plummer: Yes, no, but I didn't know what this zoning was. Mayor Suarez: All right, now, there are some pending questions on... and I guess we may as well from you, counselor, and then we'll go back to you. Are you Mr. Rodriguez, by any chance? Mr. Manuel Rodriguez: Yes, my name is Manuel Rodriguez... Mayor Suarez: You're not related to this Rodriguez, are you? Mr. Manuel Rodriguez: No, I'm not. Mr. Sergio Rodriguez: Not that I know. Mayor Suarez: That's good. Mr. Manuel Rodriguez: But who knows? -you know, we're... Mayor Suarez: All right, you never know, way back. All right, sir. Counselor, go. You're on, you're on. Mr. Crespo: I have a procedural question, befor: we go any further. Mr. Manuel Rodriguez: Can I finish? Mr. Crespo: No, just a procedural question. 188 October 24, 1991 r'' i Mayor Suarez: All right, get on the mike, please so that we can hear you. Mr. Crespo: My name is Al Crespo, I'm the chairman of the Liveaboard Preservation Association. Mayor Suarez: Are you an attorney? Mr. Crespo: No, I'm not. Mayor Suarez: I always assume you're an attorney, you look like an attorney. Mr. Crespo: That's because I used to be an actor, sir. Mayor Suarez: Yes, yes, and you look... you have that shark look about you. Mr. Crespo: I have that attitude of an attorney. Mayor Suarez: Yes. Vice Mayor Plummer: Most attorneys are actors. Mayor Suarez: That you're... Vice Mayor Plummer: In one way, shape or form. Mayor Suarez: That look that you might bite our heads off if we do the wrong thing. All right. Mr. Crespo: I have a procedural question. It was a request here to postpone it. Is that going to be addressed formally or are we now just going to... Mayor Suarez: We are right smack into the merits of this matter, unless any Commissioner makes a motion to continue, I'm not inclined to make it, I'll tell you that. Mr. Crespo: Well then, in that regard, then I defer to Manuel first to speak, and then I wish to spend about three minutes, because... let me spend the three minutes now, because I think it's important. I'm here. Mayor Suarez: Yes, that might work. That might work. Mr. Crespo: Ladies and gentlemen, in 1987, a group of people from Belle Meade came before this Commission upset over houseboats in the Little River Canal. Mayor Suarez: In a very narrow and special area of the river. Mr. Crespo: Right. They persuaded this Commission to enact SPI-18, which was an overlay zoning district. That occurred in March of 1987. On that same day, this Commission introduced 87-221, a resolution. It was one sentence in length. In effect, that resolution mandated the Planning and Zoning Department to investigate whether or not it would be wise for this Commission to expand what was then going to become SPI-18 to encompass all of the City. OK? That's where we have... that particular sentence in that resolution has led to everything that has transpired to this very moment. Because what hap... 189 October 24, 1991 Mayor Suarez: We11 , if we had not done it, you know what? The Waterfront Board probably would have wanted it. And other people would have said, let's look at the whole river. You know, and let's look at the bay and let's look at liveaboards as a general issue, and let's go ahead and legislate on it. Maybe not the smartest idea in the world, but other people would have suggested it. Mr. Crespo: No, but let me explain to you what has happened from that resolution. Mayor Suarez: Well, don't tell us the whole story, because we, you know... Mr. Crespo: No, this is very brief. This is less than three four hundred words. Instead of... Mayor Suarez: As Commissioner Alonso said, we're painfully aware of this whole story. Mr. Crespo: But instead of acting on that resolution in a process which would have called for a hearing, or a series of hearings, to deal with that, the Planning Department did not do anything. They, in fact, pocketed that resolution. And while the entire process took. place to enact this beast, which all of you now know as PZ-11000, right? There were -approximately 30 or 40 different hearings throughout the City. There were hundreds of tapes acquired of hearings. Not during one time throughout all of those years, from 1987 until the enactment of this last year in September, were there any specific hearings dealing with houseboats or housebarges because after the initial complaints of the Little River people. there were no other people object. As you have repeatedly asked everytime we've been here, there is no one in this audience, there is no one in this City who will come forward and say, we're opposed to houseboats. So all of this has been as a result... Mayor Suarez: No, there are bumper stickers all over the City that, you know, with a little heart. You know, I Love Housebarges, and I don't see any that hate them. I don't know what the problem is. McManus, he's got a real big one there. Mr. Crespo: So, we have entered into this entire process because of the language that was inserted in this ordinance. Mayor Suarez: All right, but we know that. Mr. Crespo: OK, so that's why we're here. Mayor Suarez: We really, we're painfully aware of all of that. How can we get out of this and get this resolved? Mr. Crespo: Well, the best way to get out of it would say, since there is no opposition to houseboats, since we have resolved, after a year of meetings and hearings and paperwork and PZs and ordinances in this and that and the other, nothing, kill it, end it. Say, that's it. Commissioner Alonso: Move it. 190 October 24, 1991 U Mr, Crespo: Yes, that's it. What is there? There's 39 people who live on a boat. `there's no collection of houseboats lined up anywhere within the City limits waiting to come in. Mayor Suarez: But you would prefer for us to approve it on second reading, the ordinance, rather than just kill the whole thing. I mean, we've gone through all of this, we've identified who we're going to grandfather. We do want to... I think there's a general policy agreement that we don't want to have proliferation of these, because at some point, they can begin to impede river traffic, etcetera. Commissioner Alonso: Yes, to create a problem. Mr. Crespo: OK, OK. Mayor Suarez: Let's no undo all of that. Mr. Crespo: Houseboats, here's our recommendation. Houseboats and pleasure 7 craft are legal within the City limits of Miami, as long as they pay taxes. a That solves all the problem. ;i Mayor Suarez: All right, now, we're going to get to that payment of taxes in a second, because I think the Vice Mayor has raised that once again, and we ought to get it clarified once and for all who pays what. Mr. Crespo: And now Manuel would like to... go ahead. Commissioner Alonso: If we don't require the - excuse me - if we don't require the FL, then we can assign tangible personal property taxes. Right? Mayor Suarez: All right, let's go through that now. Mr. McManus: That's done by the County Tax Assessor. Commissioner Alonso: But - no? Joel Maxwell, Esq.: We don't tax them, the County does that. Commissioner Alonso: OK, as long as we get our portion of it. Mr. Maxwell: Under the law, the County property assessor makes the decision as to what property will be taxed. They've been put on notice from this office concerning those vessels - concerning those structures. And they have indicated that they would tax them. Mayor Suarez: OK, now is that tax in the way of the kind of tax that if it was not a vessel, would be like an ad valorem tax? Mr. Maxwell: Well, yes, sir. Commissioner Alonso: They've been paying, they've been paying... Mr. Crespo: It is an ad valorem tax. 191 October 24, 1991 0 Mayor Suarez: It is an ad valorem tax. } Mr. Crespo: It is an ad valorem tax. i- Mayor Suarez% But please don't scream. It is not an ad valorem tax the way he thinks of an ad valorem tax, which is real estate. All right? Mr. Crespo: He's wrong, and I... Mayor Suarez: I think he's wrong, and I agree with you, but he thinks of an ad valorem tax as being that way. All right, so it would be very much like an ad valorem tax except that it's on a structure that can move if it's in the water. Mr. Maxwell: Sir, the law... Florida Statute, Section - Chapter 192 - says, "...they shall be taxed as a tangible personal property." Mayor Suarez: All right. Mr. Maxwell: That's what it says under law. Mayor Suarez: Now, my next question is, there is an idea in the mind of the Vice Mayor which, I think, bears considering that the rate of taxation versus the value - which is what valorem means in Latin - is a lot less for that intangible tax than it is for real estate tax. Is there... Mr. Maxwell: My understanding is the millage would be the same. Mayor Suarez: And the valuation process, the millage is not the same according to Commissioner Alonso. Commissioner Alonso: It's not, it's lower. Vice Mayor Plummer: Well, but wait a minute, wait a minute. Let me ask this question. Mayor Suarez: So Mr.... i Vice Mayor Plummer: As a personal property tax is what is here, reading from this document wherever it was issued. "The term property tax and ad valorem tax are interchangeable." If it is, in fact, a personal tax, do they pay school board, do they pay Dade County, and do they pay the City of Miami? Mr. McManus: It's divided three ways, Commissioner. Vice Mayor Plummer: OK, now, also in this thing, listen to this. Isn't this really nice? "The memorandum points out that Metro -Dade County property appraiser, if informed..." If he is informed will assess. Commissioner Alonso: They are informed. Mayor Suarez: Well, we're going to take care of that in this case. 192 October 24, 1991 Mr. McManus: We'll take care... Mr. Crespo: He was informed a long time ago, sir. Mayor Suarez: Well, but apparently, some of them haven't been picked up. Mr. Crespo: Well, no, but that's true, but we have been paying taxes. Joe, am I on the tax roll? Mayor Suarez: Most of you have. We think. Mr. McManus: I discern that out of the 37 housebarges, there are approximately it that can show certificates of being taxed. Mayor Suarez: All right, so most of them possibly have not. So we want to make sure that they are. Vice Mayor Plummer: They also pay - excuse me - do the each housebarge pay a sanitation fee? Mayor Suarez: OK, now what about sanitation and hookups, etcetera? Vice Mayor Plummer: Each one of them pay a sanitation fee. Mayor Suarez: Please, please, please. Vice Mayor Plummer: I'm only asking the question of the administration which we control. Mayor Suarez: Does anybody... can you answer that on behalf of the group. Mr. Manuel Rodriguez: If they're using City water, they are paying sanitation fees, because they are paying the sewerage. I, i Vice Mayor Plummer: No, sir, I'm talking about garbage. Mr. Manuel Rodriguez: Garbage. Some of them do. Mr. Crespo: Some do, some don't. i Mr. Manuel Rodriguez: Like on my property, I pay a commercial... Mayor Suarez: What is the factor that determines whether you pay the solid waste fee for removal of garbage? What is the factor? -whether we found out that you were back there? Whether your structure is noticeable? Whether you have a can that you put out in the property, or what? r Mr. Crespo: We pay rent to a landlord. I pay rent to him, and he is paying those taxes. Mr. Manuel Rodriguez: Sanitation fees. Vice Mayor Plummer: That is he paying on a per unit basis? 193 October 24, 1991 ro i ro t Alk Mayor Suarez: But does it count as a unit that would pay $160 a year for that barge? { 1 Commissioner Alonso: He pays a commercial hauler. Vice Mayor Plummer: If he uses a commercial hauler, he doesn't pay the City garbage fee at all. Mr. Manuel Rodriguez: A commercial hauler pays the City. Commissioner Alonso: The hauler pays the percentage to the City. Vice Mayor Plummer: But what about the ones that are not using a commercial hauler? Mayor Suarez: The ones that use us, do they have to pay an additional $160 for that as a unit? Do you know? Vice Mayor Plummer: It would seem like to me they would. Mr. Crespo: Yes. Vice Mayor Plummer: And that's for... Mayor Suarez: Sir, if you have a statement, come up to the mike and tell us. Maybe you do. Maybe you're the only person who volunteers to give us $160 a year, maybe you're typical. I don't know. The hat certainly isn't typical. Stanley Haves, Esq.: My name is Stanley Haves. Mayor Suarez: All right. Mr. Haves: I've been before you good people several times before. Nobody listens, nobody makes any investigation. Mayor Suarez: Oh, yes, we do. We've been listening too much. Would you answer the question that presumably you were up here to tell them, for which you were not sworn in. But we're going to assume you're not lying. Mr. Haves: The City of Miami, I pay two garbage kids for garbage collection. Does that answer... Mayor Suarez: We don't do it by garbage cans. We do it per unit. Mr. Haves: Does that answer your question? Commissioner Alonso: So he pay $160. Mayor Suarez: You pay $160 a year? Mr. Haves: Yes, sir. Mayor Suarez: And if you're late, you get charged a fine and all of that? 194 October 24, 1991 Mr. Haves: I'm not late. Mayor Suarez: All right. Mr. Haves: Now, is there anything else you want to know? I have City water, I pay for City water for my houseboat. Mayor Suarez: All right, now... Mr. Haves: Anything else? Mayor Suarez: ...but that doesn't necessarily apply to all of them? And that's what the Vice Mayor was asking about. Commissioner Alonso: Hold it a minute. It does apply to everyone that receives services from the City of Miami. So we send them a bi11. It's as simple as that. Mr. Sergio Rodriguez: I don't know how he pays that bill. Maybe he's paying that bill because there might be a unit in front of... I don't know that. You see, I don't have that information. Vice Mayor Plummer: Well, find out. Mr. Sergio Rodriguez: Oh, I would do, but, I mean, to give you an answer right now, I couldn't. Mayor Suarez: No, OK, but theoretically, Joe, do we have a right, if we find that, in fact, this individual has a barge, is putting a can, that can is being collected as part of the waste that is being picked up from a home adjoining it, let's say it's a single family home. Do we have a right impose $160 additional for that barge, the houseboat? Mr. Maxwell: The way the ordinance is written right now, I don't think we have a right to because the ordinance requires that we charge each location... Mayor Suarez: That's right. We may owe you $160. Mr. Maxwell: But there's nothing to keep us from adopting necessary regulations that would address that issue. Mayor Suarez: All right. I think if the Vice Mayor is interested enough in that, he might want to make a motion to the effect that you ought to - assuming this passes, of course - go after all of these for contribution for solid waste fee. Mr. Sergio Rodriguez: I seriously doubt that he will be paid for it in the l sense that if you were to have a single family property, and you were to have a housebarge or a floating structure used for living, that will be considered two structures or two residences in one single family area. And that has been allowed until now. Mayor Suarez: OK, we're all guessing, we're all guessing. If this becomes an important item in the minds of anyone, including Vice Mayor Plummer, we'll entertain a motion on that. 195 October 24, 1991 AN Mr. S. Rodriguez: Maybe it can work out. Mayor Suarez: All right. Anything else you want to say... Mr. Haves: Yes... Mayor Suarez: ...and then we're going to go back to his peculiar situation which has to do with the whole issue of grandfathering in, whether you have a barge or not there. Mr. Haves: You all have devoted hundreds and hundreds of hours... Mayor Suarez: Oh, sir, we know that. Don't repeat that. We know that, Stanley. Mr. Haves: And there isn't any way you will ever recoup. You have limited... Mayor Suarez: No, we will never... not my energy and the price of my time, I'll tell you that. Mr. Haves: You have limited the number of houseboats, housebarges, liveaboards, etcetera. Mayor Suarez: Right. Mr. Haves: You will never collect sufficient taxes or assessments. Mayor Suarez: I fully agree. That's why I'm not inclined to worry too much about that concern, sir. Mr. Haves: And then, litigation will continue on and on. There is no way... Mayor Suarez: Hopefully not. I mean, hopefully not. Commissioner Alonso: I hope not. Mr. Haves: Well, you have already excluded the Little River people from your Miami River ordinance. Mayor Suarez: Oh, yes, and that took a long time, and I think it had every rational reason for happening, and I think we can support that in court. Mr. Haves: I suggest you investigate it a little more closely. Vice Mayor Plummer: I don't think we've had any litigation from Little River at all, have we? Mayor Suarez: I think there is one... Mr. McManus: We currently have Haves vs. City of Miami. Vice Mayor Plummer: Who? 196 October 24, 1991 Mr. Haves: Wait till you get finished with this. Mayor Suarez: No, no, no, don't threaten us with more litigation if you want us to pass this, which, presumably you do. Mr. McManus: Mr. Haves versus the City of Miami. We're in court... Vice Mayor Plummer: Well, wait a minute now. Mr. McManus: ...with Mr. Haves for the past number of years in the Little River... Vice Mayor Plummer: This gentleman here with the hat on? Mr. McManus: Yes, with the Little River Canal. Mayor Suarez: All right, maybe he'll file it then. All right, Mr. Rodriguez, sir. What exactly do you have? You have a multifamily unit, multifamily structure - wait.... It would really be helpful if you can caucus somewhere In the hallway back there, please, counselor, Commissioner, sir. You have a multifamily structure with 20 units on a once -acre piece of land adjoining the river. Mr. Manuel Rodriguez: Six hundred feet of dockage. Mayor Suarez: OK, I didn't mention that yet. dockage? With how many slips? Mr. Manuel Rodriguez: About 16 of... Mayor Suarez: Sixteen slips. Mr. Manuel Rodriguez: That's right. You also have 600 feet of Mayor Suarez: Presumably any one of which could,have a barge of the sort that we have defined in this ordinance. Mr. Manuel Rodriguez: That is correct. Mayor Suarez: OK, but there is not a single barge in any of those. Mr. Manuel Rodriguez: Yes. Mayor Suarez: How many are there? Mr. Manuel Rodriguez: Six. Mayor Suarez: Six. Under the proposed ordinance, on second reading, would the six be covered, would none be covered, would all his slips be covered? Mr. McManus: The information we had from Mr. Rodriguez was he had six slips. We have shown him, and the listing is six slips. 197 October 24, 1991 Mayor Suarez: Under the proposed ordinance, I'll repeat my question and see if I can get a simple answer. Mr. McManus: Six. Mayor Suarez: Would he have no right to have any barges out there? Would he have a right to have six barges in those six slips where they are now found? - or would he have ultimately the right to have barges in all,.. how many altogether slips? Mr. Manuel Rodriguez: Sixteen. Mayor Suarez: All sixteen. Mr. McManus: Not for the sixteen. The information we had from him was six slips. Mayor Suarez: He would have a right to maintain... are those six identified in some way as part of this ordinance? Mr. McManus: Yes, they're listed as a part of the package. Mr. Manuel Rodriguez: That is not correct, Mayor. Mayor Suarez: What is not correct? Mr. Manuel Rodriguez: I will have, according to his ordinance... Mayor Suarez: Right. Mr. Manuel Rodriguez: ...not according to what you approve. What you approve... Mayor Suarez: Well, I asked, according to the ordinance, but I'm interested in both. Mr. Manuel Rodriguez: According... OK, according to what he wrote, I will have the right to have any of 34 different boats that are on the rivers on those six slips, period. Mayor Suarez: OK, what you're saying is, you would have to find one of the 34 boats, including the six that you now have there... Mr. Manuel Rodriguez: That is correct. Mayor Suarez: And one of those 34 would have to be in any one of your sixteen slips, or your six slips? Mr. Manuel Rodriguez: Any one of the 16, but I only requested the six that are there. I don't want any more houseboats. Mayor Suarez: All right, so the 16 are not at issue. Mr. Manuel Rodriguez: I just want to keep whatever is there right now. 198 October 24, 1991 Mayor Suarez: That's an interesting situation. So you.., we're all in agreement that he could keep the six that are there now, according to the ordinance. The question is, could he replace one of those six by one of the other barges as in the river? Nobody believes, yes? No? Mr. Maxwell: Commissioner Alonso is correct. That did come up the last time along with a lot of other changes. Mayor Suarez: I certainly wasn't at that level of specificity. Maybe she was, but I sure wasn't. Mr. Maxwell: It was, and the Commission did address that. Mayor Suarez: I was thinking more of one that came from Key West or something, whatever the way... Mr. Maxwell: No, sir, this gentleman was there, and it was brought up, and the Commission addressed that issue. So what happened is, we... Mayor Suarez: I don't care. What we want to do is now find out what is, in fact, the situation under this ordinance. And what is advisable. Mr. Maxwell: What happened, there is a two-line change that Mr. McManus can read into the record right now that would address that whole issue, and put it to rest and would grandfather in... Mayor Suarez: What does the ordinance do, Mr. Maxwell? I already asked Mr. McManus. Mr. Maxwell: The ordinance as it is before you dt this instant... Mayor Suarez: Yes. Mr. Maxwell: ...without the two-line change, does not grandfather in his slips in perpetuity. However, the two... not perpetuity, but grandfather in his slips. The two-line change that Mr. McManus can give you right now would accomplish that purpose. Commissioner Alonso: Please, keep.... Mr. Maxwell: So that he could have any boats in there. Mayor Suarez: All right, what is that two-line change that, presumably, would satisfy Mr. Rodriguez? That's a good question I'm going to ask. In the meantime, while he gets that... Mr. court reporter, give us the client that you're representing here, sir. This same Mr. Rodriguez? Commissioner Alonso: He was anticipate... Mayor Suarez: He wants to know everything that's going on here, and he wants to have it transcribed. God bless him. 199 October 24, 1991 4 9 Mir. Manuel Rodriguez: Yes, because Mr. McManus is trying to cut me from snaking a living. Mayor Suarez: No, that's OK. You don't have to tell us why. Commissioner Alonso: You have every right in the world. Mayor Suarez: You don't have to tell us why. We find it... Mr. Manuel Rodriguez: Yes, but I feel free. I have nothing to hide. _ Mr. McManus: Can I read it? Can I read it? Mayor Suarez: No, no, obviously you don't. You want everything transcribed. All right. Commissioner Alonso: OK, give us the word. Mr. McManus: Can I read into the record. This 7s on page 10 of the ordinance _ as marked page 14, paragraph 6. Mr. Manuel Rodriguez: Page 14? Mr. McManus: Coming down on the fourth line, deleting "...private pleasure craft and housebarges cannot be substituted replaced." Deleting that out. Continuing on, down to the 11th line... Mayor Suarez: Folks, don't get impatient. Presumably, he is trying to do something which he will tell us in the record, accomplishes what you want. Mr. Manuel Rodriguez: I never had before. Mr. McManus: OK, in the lath... Mr. Manuel Rodriguez: Everytime he works on it, that's it. Mayor Suarez: God, there's a lot of mistrust around here. Mr. McManus: In the filth line, reference to the slips, "...in the alternative, may be used by other private pleasure craft or housebarges." Deleting then, listed on attachment A, this ordinance. Which the effect then would be to allow the introduction of other private pleasure craft or housebarges into his slips provided that the total number stayed at 49. In other words... Mr. Sergio Rodriguez: I don't understand that. Mr. Crespo: Could you tell us where this is at, Joe? Commissioner Alonso: Ah, because he has increased the number what we believe we have 49, in order to protect that extra number. Is that it? Mr. McManus: No, we have a total number of 49. 200 October 24, 1991 ` 3 t Commissioner Alonso: Right now? Mr. McManus: Right now. Commissioner Alonso: It grew from last... Mr. McManus: And I think the sense the Commission is, you're satisfied with that, but you don't necessarily want to introduce new net additions to raise it to 50, 55, or 60. Mayor Suarez: No, no, if we have a lot of new boats then, this thing has no limitation. Vice Mayor Plummer: May I inquire of the City Attorney? Mayor Suarez: Mr. Vice Mayor. Mr. Maxwell: Yes, sir. Vice Mayor Plummer: Mr. City Attorney, I can't ever remember, as long as I've sat on this Commission, where we made ordinances to accommodate one individual. I think it's a dangerous precedent. But my question is this. Assuming this Commission does accommodate this one individual, where would you stand in court if the property next door came in and asked for the same? Mr. Maxwell: Well, first of all, Mr. Vice Mayor, this ordinance does, even though Mr. Rodriguez is the one asking for this change, this ordinance doesn't really apply just to him. Those provisions would apply to any property owner in those areas. So it would equally apply to them. Their slips would be grandfathered in as well as Mr. Rodriguez's. So it doesn't really apply just to him. Mayor Suarez: He's the one that's raised the issue, but it applies to other people. Mr. Maxwell: That's correct. Vice Mayor Plummer: That's fine, but what happens any of the designated properties, if I owned a property next door... Mr. Maxwell: They benefit as well. Vice Mayor Plummer: Why shouldn't I have the same right to utilize my property for more income as the people with the designated property of today? And if I went to court and sued you, I bet you money I beat you. Commissioner Alonso: Well, for the same... Mr. Manuel Rodriguez: Mr. Plummer... Vice Mayor Plummer: No, no, no. Excuse, you're not the City Attorney, sir. Commissioner Alonso: Commissioner, let me tell you something. Properties are grandfathered in the City of Miami, and I don't have the right to add an 201 October 24, 1991 t additional unit to my property for the reason that my neighbor had it that from the 401s. And no one has gone to court, and won on this issue. It's exactly the same situation. Mayor Suarez: There has to be a rational basis for the distinction. If there isn't, than they can challenge it. Commissioner Alonso: They were there before. Therefore, they have the right that I don't have... wanted to establish a new unit. It's exactly the same logic. Vice Mayor Plummer: The difference.... Madam Commissioner, the difference is that in grandfathering property, there are certain designations about that grandfather clause that do not exist here. Commissioner Alonso: This is the property. Vice Mayor Plummer: If that building were to burn down, the grandfather is over. You cannot remodel or do additions to that more than 25 percent. Mayor Suarez: Don't we have similar provisions here? Vice Mayor Plummer: There are no specifications in this ordinance... Mayor Suarez: Well, let's be sure of that because I thought there were. Vice Mayor Plummer: ...being drawn up other than the fact that they shall remain there foreverl Mayor Suarez: No, no, I presume that the same things apply. Mr. Maxwell: The grandfathering provisions of nonconforming provisions of 11000 apply to this as well. And we have nonconforming uses that are grandfathered in as well that are not subject to burning and theft and all the rest. Mayor Suarez: The simple answer to his question is that if you do... Mr. Maxwell: He has to... Mayor Suarez: ...remodeling more than 20 percent or if you demolish it. In this case, if it sinks or something, you cannot replace it. Vice Mayor Plummer: And if it's then vacated for more than six months and a day, they lose the grandfather? Mayor Suarez: What about that one? The same applies. What is different, I have to admit, is that with grandfathering, I think, of real estate over the years, at some point it was legal. In this case, I'm not sure that it was ever legal, because I'm not sure that we ever permitted it. It was just sort of... that's the difference. And so, Vice Mayor, I think is making an interesting point there. We're sort of legalizing something that otherwise we could have simply said it is just flat out illegal, because it was never legal. 202 October 24, 1991 10 Mr. Maxwell: One thing needs to be clear, and Mr. Rodriguez or some other property owner, may raise that point in the future, and that is it needs to be perfectly clear to him and all the property owners there that if he should not use a slip for a continuous six month period, he will lose the rights to that. And that's something that maybe he has not contemplated now. But as a nonconforming use, he'd lose that. Mayor Suarez: Make sure he understands that now, because that's in our code for any other grandfathered use. Mr. Manuel Rodriguez: And that is why I could not accept Mr. McManus limiting me to having only out of those 34 boats, a customer. Because if I cannot find a customer on those 34... Mayor Suarez: No, see, the moment you start talking about customers, you begin to lose some of us. Then we're not really talking about grandfathering in what happens to be there. That is the problem, Mr. Rodriguez. Mr. Manuel Rodriguez: Grandfathering a use. Vice Mayor Plummer: And then you also are talking about an ordinance for one individual. Mr. Manuel Rodriguez: You are grandfathering a use, Mayor. It's not really an individual... Mayor Suarez: Yes. We are grandfathering in six slips where you have six housebarges. And that's it. I think. If you want three votes here. Mr. Manuel Rodriguez: That's all I want. I want to keep what I have. _ Mayor Suarez: All right, that's in the changes that he's made. Mr. McManus: The ones I read it for you, yes. Commissioner Alonso: With the changes that you just made. Mr. McManus: Yes. Mayor Suarez: Waterfront Board. Mr. Manuel Rodriguez: How about those 49s that you put there affects me? What does it have to do with me? -with the 49s? Mayor Suarez: Yes, what does the 49 have to do with him? Mr. Manuel Rodriguez: If you take that off, I'm happy. If you take that... Mayor Suarez: Wait, wait, sir. No, 49 is how many we've identified that are grandfathered in, and we want to specify because these things are a little tricky when it's not real estate. When it's real estate, you just make the general definition, and you don't specify. Here we counted them. How does the 49 affect him? What is he concerned about the 49? 203 October 24, 1991 Mr. McManus: I don't think he's affected by the 49. We're just saying that, overall, we've got a max at 49. Vice Mayor Plummer: No, he is affected. Mr. Sergio Rodriguez: I think he's affected. If I understand it correctly, because he's trying to get his slip grandfathered. And if the 49 1s a limiting factor, that means he doesn't have other possible customers from what he can choose from to put in his slip. Is that it? Mr. Manuel Rodriguez: Yes, that's it. You... Mayor Suarez: Well, it's worse than that. It's worse than that. He's got six slips with six specific barges, and that is it. Mr. Manuel Rodriguez: And that's it. Mayor Suarez: You can't substitute those with any other boat from anywhere or barge, including the other 49 that are out there. Mr. Sergio Rodriguez: He could from 49. Mayor Suarez: He could? Why did you do that? Why did you let him say you can do it as long as one of those other 48? Mr. Sergio Rodriguez: Because you were grandfathering at the beginning. This has been evolving, you know. Only the vessels that were there... Mayor Suarez: Particular vessels and we thought as long as that vessel is grandfathered, if it finds another slip it can stay, huh? That's cute. Mr. Sergio Rodriguez: Keep Mayor Suarez: We really didn't think we were doing that, I don't think. I think we were doing a vessel in a particular location. But you see the problem... Commissioner Alonso: If we had an instrument that I can measure the degree of frustration that I have... Mayor Suarez: This one would be real high. Commissioner Alonso: ...over this issue, and the waste of time and energy. Mayor Suarez: This one would be real high. Mr. Manuel Rodriguez: I can review it in a minute for you. Mayor Suarez: This is almost like the Nagymihaly hedges, and I'm afraid to even mention it. It might come back. Commissioner Alonso: Exactly! Exactlyl Don't mention, it will come back to use 204 October 24, 1991 N Mr. Sergio Rodriguez: Or say beGarmo. Commissioner Alonso: Please don't mention that! Mayor Suarez: All right, sir, you used up your time. I think we're headed in a direction reasonably favorable to you. We have not heard from the Waterfront Board of the City of Miami. They would like us not to take any action tonight, but we ought to at least hear from them. John. Jim, somebody. I mean, have you heard anything tonight that makes you feet that we have, in fact, delved into almost anything that the Waterfront Board could possibly want to consider. And that we... I mean, what are we missing? Mr. Brennan: We asked for a continuance because of exactly what's been going on tonight. Mayor Suarez: Yes, but we've done it with you here. Is there anything that doesn't satisfy you? -other than maybe the ultimate vote. Maybe you'd like us not to. I don't know. Mr. Brennan: I'm not... Commissioner Alonso: If you want to keep your sanity, don't even address this issue. Mr. Brennan: I am not sure that the ordinance itself is worth having on the books as a starter from the very beginning. So we have to go back and look at that. And there have been so many changes since the first time we were up here, and I'm partially confused already. Mayor Suarez: Why don't we... Mr. Brennan: You know? Mayor Suarez: You know, why don't we do something... I mean, it's kind of a late stage. Mr. Sergio Rodriguez: Well, get it over with. Commissioner Alonso: Pass the page and forget that it ever existed. Mayor Suarez: Suppose we wanted to think of these like... wait, wait, like Stiltsville or something, and we wanted to say all of this is fine, they grandfathered in but only for a limited period of time. Because I'm afraid that if someone down the road finds this to be not the good idea, that you're going to have some rotting housebarges out there, and they won't be able to do anything about them without a lawsuit. Mr. Maxwell: Well, that's often done in nonconforming use situations. However, I must tell you, that it's often done very unsuccessfully, where you put a time limitation, the theory being that you amortize the use over a period of time and give the property owner the opportunity to get whatever investment they have out. But what happens... 205 October 24, 1991 Mayor Suarez: Well, but you're saying no successfully, if we have the right to make them illegal uses, and have to remove them, we certainly have the right to tell them you can stay there, but for like 15 years or something, and that's it. Maximum. Mr. Maxwell: You can do it. How... Mayor Suarez: Or until it rots away or something. Mr. Maxwell: You can do it. However and I'm telling you... Mayor Suarez: Whichever comes first. Mr. Maxwell: ...that, from a practical point of view, experience has been that once you give them the 15 or 5 or 3... Mayor Suarez: Right. Mr. Maxwell: They're there forever. Mayor Suarez: Well, the problem is if we don't limit it, and a Commission after this Commission, maybe with more enlightenment or wisdom or less or whatever, felt that... or the Waterfront Board or somebody, felt that it was not a good idea, they would have to come up with all kinds of arguments to eliminate those grandfathered-in uses. Unless it was somehow... actually, you know... Mr. Crespo: Mr. Mayor, Mr. Mayor... Mayor Suarez: ...any one of many agencies can make all of this illegal, you understand, if they ever want to take jurisdiction. I have a feeling the federal government can assume maritime jurisdiction and kick everybody out if they were inclined to do so. Mr. Crespo: Yes, the thing is, I mean, with all due respect to John, who is both a friend and an ally in this. For us to continue to ask for postponements simply just drags this process out. I mean... Mayor Suarez: Well, that's what I was asking. is there any good concrete reason other than the fact of having more time to look at all of this... Mr. Crespo: Yes, but more time... Mayor Suarez: ...which, as Commissioner Alonso has said, is the most painful process of all. Mr. Crespo: The problem is more time doesn't resolve it, because it's here and we are trying to work these things through. I think the problem that has occurred is that everytime we have come before you and attempted to resolve an issue, yes, we've come like we've come with a document and we've tried to discuss it, and we open up another series of issues, then we go back and the next time out it's a whole different ballgame. 206 October 24, 1991 Mayor Suarez: We know that, we know that, we know that, you're repeating what we know. What is evident. Mr. Crespo: And then, yes, and that's what we're doing... yes. I would like to suggest this. I mean, we have at... and I think we have worked out a number of issues. I think we have tried to respond to every concern that the City has. We have worked out... Mayor Suarez: We know that. What do you want to suggest so we can get.... Mr. Crespo: I suggest that we, like I recommended earlier, that the City of Miami say houseboats and pleasure craft are legal within the City of Miami. If A, they pay their taxes which we either are or there's a list of the... Mayor Suarez: No, you know that's the one thing that I don't, you don't... you lose my vote. You lose my vote. Commissioner Alonso: Let him finish, I think he has something else. Mr. Crespo: Well, wait a minute. There are 49 boats so you say those 49 boats... Vice Mayor Plummer: No, but you're saying legal anywhere in the City of Miami. Mayor Suarez: Right. Mr. Crespo: No, no, no. Vice Mayor Plummer: That's what you said. Mayor Suarez: We have circumscribed an area. Mr. Crespo: Well, OK. Mayor Suarez: We have specified 49 of them, ar:d now you want to go back and say... Commissioner Alonso: We have it in the ordinance. Mr. Crespo: Well, let me point this out, sir. Let me point this out. When you mentioned the fact about property owners and property owners who don't have a houseboat. There are only boats today it the places left for boats to be. There are no longer places... if you go down the Miami River today, which is what we're talking about, there are only the places left where boats can tie up. Mr. Sergio Rodriguez: So... Mr. Crespo: Yes, I mean, there are commercial marinas, there's Curtis Park, - and ... Mr. Sergio Rodriguez: I think this is exactly what we're doing now. 207 October 24, 1991 W Mr. Crespos Yes. W Mr. Sergio Rodriguez: So, if you agree with the amendment that has been made on the floor, and we grandfather the 49 places and the slips and then you deal with the issue of the fees afterwards, I think that we will be able maybe not to see this for a while. Mayor Suarez: Oh, I agree with that except he was trying to say that we shouldn't pass an ordinance at all. Mr. Crespo: Well, OK, we'll go with the ordinance, we'll go with the ordinance. Mayor Suarez: I figured you would. Mr. Crespo: However, there are two... Mr. Brennan: Let's not forget the real boats now. Mr. Crespo: Oh, no, we haven't forgotten the real boats. Mayor Suarez: The real boats. Commissioner Alonso: Oh, let's not get anything else involved. This is it. Mr. Crespo: But I would also like to point out... no, pleasure craft are included in this. Mayor Suarez: Yes, don't try to make any changes. I think we're at the end of our rope with this. Mr. Brennan: We were making changes... Mr. Crespo: No, no... Mayor Suarez: No, no, I don't mean you, John. I mean... Mr. Crespo: No, there are three things here that we want to discuss specific. Commissioner Alonso: So now this is exactly what we have. Let's move and get it over with. Mayor Suarez: I wouldn't push your luck. Mr. Crespo: No - yes, yes, yes. Mayor Suarez: I wouldn't push your luck. Mr. Crespo: Yes... no, we have to because there are clarifications. Commissioner Alonso: Let's get it over with. Mayor Suarez: Try... quickly clarifications, clarifications. Not for the Commission, presumably for you. i 1 208 October 24, 1991 Mr. Crespo: One clarification is that in this revision, Joe, and I refer you to page 4 as the example, bottom of the page, permitted principal uses. It says, "...occupancy of private pleasure craft as living quarters, and housebarges are prohibited except for those housebarges specifically permitted on the Miami River by Section 940." I would recommend that since you have pleasure craft in the first part of that sentence, that you insert pleasure craft between those and housebarges on line three. And that makes it uniform throughout. Because while you're saying, "...occupancy of private pleasure craft and housebarges," then you say housebarges in the remainder of the sentence. So for uniformity... Mayor Suarez: Does it change the meaning of the ordinance? Mr. Crespo: No, but it makes it uniform. Mr. McManus: I don't know what you're talking about. Mr. Crespo: Page four. Mayor Suarez: We're getting nowhere. Let me say this. If you want to table the item for 15 minutes, we're going to try to get through the rest of our agenda, and you can give them those clarifications and see if he agrees. But we cannot take this Commission's time more and more and more on these fine points. Commissioner Alonso: Great. Mayor Suarez: We just cannot do it. So, the item is tabled for 15 minutes. Commissioner Alonso: Table the item and work it out, yes. Mayor Suarez: Work those three things out, and make sure that they really are Just minimal in impact, because if they're substantive in any way, you're going to lose some of us up here. Mr. Crespo: We have one question here on PZ-6. Unidentified Speaker: Are we clear on that? -sir, slips? Mr. McManus: Yes. Unidentified Speaker: And they can have as long as you don't have 49 boats on that area.... Mr. McManus: Yes, yes... Mr. Maxwell: Mr. Mayor, you're tabling PZ-6 and 7. Commissioner Alonso: Yes. Mayor Suarez: OK, what is your question on PZ-6? -because apparently we have to table that too. 209 October 24, 1991 Mr. Crespo: p2-6 is the issue of us paying $200, which we say we had no problem. Commissioner Plummer, himself, at the last hearing said there was... Mayor Suarez: What's the problem? Mr. Crespo: The problem is that... Mayor Suarez: Don't tell me what isn't the problem. Mr. Crespo: The problem is the zoning and planning board wants seven different inspectors to come on our boards with seven different clipboards to have seven different inspections which you can imagine... Mayor Suarez: That's a cost to us. How does that create a problem for you? Mr. Brennan: Well, I'm a taxpayer] Mr. Crespo: We're talking about Public Works inspector coming on a houseboat. For what? What public works? We're talking about a zoning inspector. I mean... Commissioner Alonso: Charge them the $200. Why so many inspectors? Mr. Crespo: We're asking... and that's the definition. Vice Mayor Plummer: Public Works to make sure that their is sanitation facility is working. Mr. Crespo: We have no problem. Commissioner Alonso: OK, the first time. But every year? Mr. Crespo: Well, no, we don't have a problem with an annual inspection if that's the problem. Mayor Suarez: What do you have a problem with? Mr. Crespo: With seven different... Mayor Suarez: If we want to send 50 inspectors, what is the problem? Mr. Crespo: One inspector. Mayor Suarez: One individual, to do all the inspections. Mr. Crespo: One inspector, and we'll pay... Mr. Sergio Rodriguez: That's our decision. Mayor Suarez: It's an issue of privacy or what? Believe me, we don't have the money to be sending tons of inspectors all the time. Mr. Crespo: Well, we're paying for it. 210 October 24, 1991 Mr. Paul Kuchukian: Paul Kuchukian, 51 N.E. 42nd. I have a problem with Mr. McManus wanting to come into my home every year with seven people. If the Commissioners are willing to have seven people tromp through your home every year, and you pay $200 for the privilege of having them tromp through your house, that's one thing. But I don't see why we should be singled out. Mayor Suarez: All right, I hear your argument. I would have no problem with seven people. In fact, all of them that want to come by my house, come on by my house once a year, but what is a reasonable answer to that, Joe? Mr. Joe Genuardi: Well, I think in the initial stage we do need the seven inspectors. But on the renewals, we could do the same that we do with the regular CU (certificate of use) renewal where one inspector goes out. Mayor Suarez: All right, can we make that modification in PZ-6 with the assumption that it will pass here? That inspector, obviously, is not limited from inspecting anything that might concern any department. Mr. Crespo: Yes, of course... Commissioner Alonso: He has no problem with that. Mayor Suarez: Thank you. Unidentified Speaker: Would that also reduce the renewal fee? Vice Mayor Plummer: Hell, no. Mr. Crespo: No? OK, I have no problem giving it... Mayor Suarez: All right, don't push too much. Commissioner Alonso: Fine. Mayor Suarez: All right, on PZ-6 you've got your items resolved? Mr. Maxwell: Mr. Mayor... Mayor Suarez: On PZ-7, you've got a couple of pending clarifications. Mr. Maxwell: Mr. Mayor, I think we must go on record as saying, you send one inspector. One inspector is not necessarily an expert in those areas. If we were later challenged, that inspector's testimony wouldn't necessarily hold up. Mayor Suarez: But they're not... r� Commissioner Alonso: How do we do it in all the other cases? F; Mayor Suarez: Yes. They're not preventing us f°,om sending more inspectors if } we think that something's wrong or something's amiss. Commissioner Alonso: Oh, if something is wrong that's code enforcement, and that's a different story. i 211 October 24, 1991 uill I IAi"�-- r Mr. Maxwell: No, but this shouldn't be... Mayor Suarez: they're saying that we don't want to have seven people as part of an ordinary yearly renewal process, which then costs us more money, etcetera. Mr. Maxwell: But that should be at the option of the City and the other thing is, the fee is a regulatory fee. And the fee is based on the actual cost of making the inspection. Mayor Suarez: But that's the whole point. If you have seven people, and you have seven times the fee. So they're saying, can't you kind of like reduce this to something more reasonable? And Mr. Genuardi suggested that it would be like any other renewal of a certificate of use. Why can't we do that? Mr. Genuardi: Yes, we can do that. What happens when the one inspector goes out, if he sees, let's say, electrical problem, he refers it to the electrical inspector. He, I mean.... Mayor Suarez: There's no problem there. There's no problem there. Commissioner Alonso: Well, that's a different story, that's code enforcement. Mr. Crespo: It's no problem. Mayor Suarez: You can't possibly stop that. I mean, that's... Mr. Crespo: No. Commissioner Alonso: No. Mayor Suarez: I mean, referrals, additional inspections, etcetera. We have a right to do that. Mr. Crespo: Yes, no, our problem is right now, we're talking about a Public Works inspector on a houseboat. Mayor Suarez: We're going to apply to you exactly what would be applicable to any CU on renewal. We have a right to do as many inspections as we want, but we only typically do one, right? Mr. Genuardi: One, yes. Mr. Crespo: Right. Mayor Suarez: And we charge for one. Mr. Genuardi: It's one... it's approximately $75.00 renewal fee. Mayor Suarez: But we reserve the right to do more. Mr. Crespo: We'll take a 15 minute recess and talk with Joe, whatever. 212 October 24, 1991 INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Vice Mayor Plummer: What? Why did you say that? Commissioner Alonso: It costs $200 because we are making exceptions and we're writing the law. So it does cost $200. It's as simple as that. Mayor Suarez: OK, we're not changing the renewal fee on this. Mr. Sergio Rodriguez: The renewal fee is two hundred. Commissioner Alonso: We are making adjustments, so we say, it's two hundred and that's what's the law. Mr. Rodriguez: And that's it. Mayor Suarez: All right. Commissioner Alonso: It's as simple as that. Mayor Suarez: Because of the unique circumstances of housebarges and having them... Commissioner Alonso: We change fees everyday. So, we say it's not seventy- five, it's two hundred, period. Mr. Rodriguez: Right. Mayor Suarez: Yes, and let me tell you, the cost of having this ordinance in place is already... already warrants a higher fee. Not to mention the Vice Mayor's arguments that they don't pay for the full range of services that they get as a regular real estate property does. Commissioner Alonso: OK, next item. ------------------------------------------------------------------------------- 28. GRANT APPEAL - REVERSE ZONING BOARD DENIAL OF VARIANCE FROM 11000 TO REDUCE REQUIRED SIDE SETBACKS FOR PROPOSED PUBLIC HEALTH CLINIC (LITTLE HAVANA HEALTH CARE CENTER) AT 981 N.W. 2 STREET (Appellant: Metropolitan Dade County). ------------------------------------------------------------------------------ Mayor Suarez: PZ-8. Vice Mayor Plummer: We've not voted on 7, have ve? Commissioner Alonso: No, because they are coming back. Mayor Suarez: No, we're tabling both of them, PZ-8. Commissioner Alonso: Yes, where are the people... 213 October 24, 1991 Mr. Guillermo Olmedillo: Eight, nine, and ten are companion items. Mayor Suarez: Eight, nine and ten are companion items. Eleven has been... Vice Mayor Plummer: Well, wait a minute, wait a minute. What are we doing with item... Commissioner Alonso: They are coming with six and seven. They will be back. Mayor Suarez: They're tabling that for a couple of minutes just to do the fine points. Commissioner Alonso: Yes. Now... Vice Mayor Plummer: Where are we? Mayor Suarez: And PZ-12 is Chinatown. Mr. Olmedillo: Eight. Commissioner Alonso: PZ-8. Mr. Olmedillo: Eight, nine and ten, this is the clinic to be located in Henderson Park. These are before you. You have... Vice Mayor Plummer: Is he... wait a minute. Xavier... INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Vice Mayor Plummer: Let the record reflect that the Mayor has abstained and reclused himself from voting. Mr. Olmedillo: Before you, you have the appeals of a denial of a variance before the Zoning Board for a setback, side setback variance. The first appeal was filed by Metropolitan Dade County, the second appeal was filed by the Planning Building and Zoning Department, together with the review that you must make of the special exception to allow the clinic to be in that particular location. The Planning Building & Zoning Department is recommending to you that you grant the appeals, and that you approve the special exception based on the fact that this is a clinic which is necessary for the area, and it meets the intent and the special exception of the zoning ordinance. We cannot argue to you that the hardship questions are met. However, the benefit, the public benefit, derived from the clinic being in this particular area due to the need for that particular service, justifies the location. Vice Mayor Plummer: Question. Is it my understanding that it is the Planning Department's recommendation that this be denied? Mr. Olmedillo: No, the original recommendation on the variance issue was to deny the variance. However, since this is a variance that goes together with a special exception for the location of the clinic, we look at it holistically and our argument before this board, this Commission, tonight is that you 214 October 24, 1991 Vice Mayor Plummer: Then why does the agenda show that you denied? Mr. Olmedillo: That was the denial of the original recommendation. Vice Mayor Plummer: What has changed from the original? Mr. Olmedillo: That this is brought together to you as a holistic issue. It's a special exception and a variance together. Commissioner Dawkins: What make it special that you would change your recommendation telling me about it's a holistic approach? -when you knew this from the beginning and then you still made it - you denied it - and now you've got a stroke or somebody spoke to you from heaven and say, holistically, this is all right. Mr. Olmedillo: The variance issue is restricted to a hardship - to the proof of hardship. Commissioner Dawkins: What hardship would the variance create? Mr. Olmedillo: According to the ordinance, the hardships are specific that no benefit is conveyed to this particular property that is different to any property located in the same type of district. That it is not a privilege conveyed to any particular property owner that is... Commissioner Dawkins: What benefits is it going to bring to the area that offsets the hardship? - Mr. Olmedillo: The service that this clinic is supposed to render to the I public at large in that particular location. Commissioner Dawkins: What will it render to the public at large? Mr. 01medillo: The health services which are not present right now. Commissioner Dawkins: All right, what health care services will be provided by the clinic that is not being provided by Victoria Hospital? Mr. Olmedillo: May I call upon the representatives of Dade County who have... Commissioner Dawkins: The who? Commissioner Alonso: Yes. Mr. Olmedillo: The representatives of Dade County who are here to... Commissioner Dawkins: Representatives of Dade County what? Commissioner Alonso: To answer that question, yes. - 215 October 24, 1991 Commissioner Dawkins: The representatives of Dade County what? Wait a minute, no ma'am, sit down. The representatives of Dade County what? Mr. Olmedillo: They are the ones who are responsible for bringing... Commissioner Dawkins: Dade County's jail, Dade County's what? Commissioner Alonso: HRS (Health and Rehabilitative Services). Vice Mayor Plummer: Well, let's ask her. She's trying... Commissioner Alonso: let me. If I... Vice Mayor Plummer: Who do you represent in the County? -what department? Ms. Diana Gonzalez: Sir, I represent the agency developing the project, but we do have the members of HRS (Health and Rehabilitative Services) present who will be the operators... Vice Mayor Plummer: The question of the Commission... excuse me, the question of the Commissioner, you said Metropolitan Dade County. What representative is here from Metropolitan Dade County, and from what department? Ms. Gonzalez: I'm from the Department of Development... Ms. Hirai: Excuse me, Mr. Vice Mayor, we need the statement on the record, if I may. Vice Mayor Plummer: With Metropolitan... I'm just... all right, I'll get her on the record if she's going to testify. Are you an employee of Metropolitan Dade County? Ms. Gonzalez: Yes, sir, I am. Vice Mayor Plummer: And in which department do you work? Ms. Gonzalez: I am director of Development and Facilities Management. Vice Mayor Plummer: Thank you, now does that answer your questions, Commissioner? OK, you have further questions? Commissioner Dawkins: Yes. Vice Mayor Plummer: OK, go ahead and proceed. Commissioner Dawkins: OK, now, you brought this to me, OK? I lean on your advice. Mr. Olmedillo: Yes, sir. Commissioner Dawkins: I'm going to ask you again. What services will this clinic provide that Victoria Hospital is not providing? 216 October 24, 1991 r. Olmedillo: This is geared to the poor sector of the population which is of served by the clinics, by private health services. Commissioner Dawkins: So, therefore, this clinic is a clinic that will service the underprivileged, for the lack of a better word. Mr. Olmedillo: That is correct, sir. Commissioner Dawkins: Now, this clinic is the same clinic that will be funded by the funds that Lawton Chiles and those just chopped off. Commissioner Alonso: No. Commissioner Dawkins: Is that a right statement? Commissioner Alonso: No. Commissioner Dawkins: Yes, ma'am. Yes, ma'am. Commissioner Alonso: No, it is not. Commissioner Dawkins: Oh, yes, ma'am. Commissioner Alonso: No. Commissioner Dawkins: OK. Well, where is the money... where will HRS' money come from? If HRS is going to run this, where will the money come from? Mr. 0lmedillo: If you bear with me, I will find out from HRS directly. Vice Mayor Plummer: All right, hold on. Will all parties please rise who wish to testify, and be sworn in. Anyone wishing to testify, please stand up and be sworn in. Madam Clerk, will you swear in the witnesses, please. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Vice Mayor Plummer: Be seated. Sir, who do you represent? Mr. Sergio Fiallo: I represent the Department of HRS, sir. Vice Mayor Plummer: All right, sir, for the record, your name and mailing address. Mr. Fiallo: Sure. My name is Sergio, S-E-R-G-I-O, Fiallo, F-I-A-L-L-O, and I live at 521 N.W. 23rd Court. Happy to say that I'm also a resident of the Little Havana area. Vice Mayor Plummer: God bless you, sir. Mr. Fiallo: Good. Vice Mayor Plummer: Now proceed with... after the commercial. 217 October 24, 1991 • Commissioner Dawkins: Now... OK... Vice Mayor Plummer: Did you wish to tes... Commissioner Dawkins: Were, hold it. Hey, no come back to the... Vice Mayor Plummer: Sir, did you wish to say anything beside that propaganda? Commissioner Dawkins: Come back to the mike. Yes, yes. Mr. Fiallo: I'm ready for your questions, yes, regarding funding. Commissioner Dawkins: OK, all right. Vice Mayor Plummer: The question of the Commission. Would you like to repeat it? Commissioner Dawkins: What services will this C inic provide? Mr. Fiallo: The same services that are provided by all the community health centers throughout Dade County. That is primary health care services. Commissioner Dawkins: Then what make it necessary to have this clinic instead of enlarging the family health center on 54th Street and 22nd Avenue, the family health center out here in Coconut Grove, and other family health centers? Why not take the money and enlarge those? What make it necessary to build this one? Mr. Fiallo: There is not a single health facility accessible to the residents of Little Havana within that area, sir. There has never been one for the poor people of Little Havana. That's correct. Commissioner Dawkins: OK, now, the funding for the operation of ... no, the manning of this operation will come from where? Mr. Fiallo: From the state general revenue funds. From H... Commissioner Dawkins: No, manning, manning, doctors, lawyers... Mr. Fiallo: The manpower? Commissioner Dawkins: Doctors, lawyers, nurses. Mr. Fiallo: That would come from us, from the State of Florida. Commissioner Dawkins: From us, who? Mr. Fiallo: The State of Florida Department of HRS. Commissioner Dawkins: Us who? HRS. Mr. Fiallo: Yes, sir. Commissioner Dawkins: So, therefore, HRS must find this facility. 218 October 24, 1991 Mr. Fiallo: that is correct. Commissioner Dawkins: Now, HRS funds have not been cut by the Governor? Mr. Fiallo: Yes, but not the construction funds. Commissioner Dawkins: OK, so... now, that's where I'm trying to get to. Mr. Fiallo: All right. Commissioner Dawkins: So, therefore, you're going to build a facility, but you do not have the money to man the facility. Mr. Fiallo: We do not have... we cannot man the facility now, it is not operational. Commissioner Dawkins: Beg your pardon? Mr. Fiallo: The facility is not operational yet. There is no need to man it at this point, sir. But we will have the manpower necessary to operate it once it becomes operational. Commissioner Dawkins: How are you guaranteeing me that you... see, you're saying one thing, but it don't make sense. OK? Mr. Fiallo: Why doesn't it make sense? I'll be happy to clarify it for you. Commissioner Dawkins: It does not make sense because you're telling me - which I understand, OK? - and we have Luis Morse and Jefferson Reeves to thank for this. OK? They got the money with which to build this clinic. OK? Mr. Fiallo: That's absolutely right. Commissioner Dawkins: And at that time, I told them that they did not have any money to operate these facilities. Now if you think I'm kidding, go back and get the minutes. OK? Mr. Fiallo: No, you're... Commissioner Dawkins: Now you're back here again, OK, to build a facility. Which is great. But it's going to be built in the City of Miami. And then again, everybody will be saying the City of Miami has a facility, and it's not meeting the needs of its people. OK? Mr. Fiallo: I don't follow your thought, sir. I'm sorry. I lost your train of thought. We are definitely... Commissioner Dawkins: No, you didn't lose my chain of thought. You lost your chain of thought. Mr. Fiallo: No, no, we are not definitely not meeting the full need of the people with this facility. There is a greater need. 219 October 24, 1991 qq w A 3 I Commissioner Hawkins: And meet the needs of the people, if you do not have manpower, you will still not Mr, Fiallo: We will have manpower, Mr. Dawkins. Commissioner Dawkins: How? Where? Mr. Fiallo: Well, we will have it from the state. The State of Florida will provide those funds. Commissioner Dawkins: OK. Mr. Fiallo: There is one portion that is going to be by decentralizing the primary health care services that are now being offered at 1350 N.W. 14th Street in our main headquarters. That clinic, that primary care clinic, will no longer be in existence when the Little Havana Clinic and the Overtown Clinic become operational. We will move our staff to those two satellite centers. And in addition to that, we hope to generate the necessary revenue to provide the remaining of the staff. Commissioner Dawkins: How many pediatricians do you have now providing pre and post natal care? Mr. Fiallo: I'd have to defer to the administrazor of the Health Department. Ms. Annie Neasman: My name is Annie Neasman. I'm the administrator for the Health Department. If we're talking about the service providers, pediatricians and obstetricians in the downtown health center, we're talking about approximately ten... Commissioner Dawkins: Ten. Ms. Neasman: Five part time obstetricians and five part time pediatricians. I'd just like to reiterate some of the things that Sergio said. We are talking about relocating some of the services that are presently in the downtown center into these two sites that we're currently planning. However, we have started with the legislative session that is coming up in January of 192, to ask for operational dollars. We realize that things are tight. We're looking at maybe two to three years down the road if these projects are on schedule, before they're ready for operation. And we're hoping by that time, that our revenues will have increased sufficiently through Medicaid, as well as rearranging the staffs. That we will have enough dollars for operational support. Commissioner Dawkins: That's what I was trying to get someone to say. That's the same thing that Luis said, and that Jefferson Reeves said, that we would have to go to Tallahassee and lobby and lobby hard to get operational funds. Because what they were getting was construction funds only. It was not operational or management funds. Ms. Neasman: And the plan has always been to take some of the staff out of that downtown site to begin these two sites with. As well as, as you're saying, to continue to lobby to get additional operational dollars. 220 October 24, 1991 k Commissioner Dawkins: See, and I just want that in the record that the _ responsibility for the operation and maintenance of these two centers belong to HRS, and we, the Commissioners up here, must fight with you to help you obtain it. But I don't want anybody going out of here thinking that this is our responsibility, just like they say all of the homeless belong to the City of Miami and everything else. That's my only concern. Thank you, ma'am. Vice Mayor Plummer: All right... Commissioner Alonso: If I may... Vice Mayor Plummer: Miriam Alonso. Commissioner Alonso: ...I really think that this clinic, it's something very important for the people of Little Havana. We've been waiting for a long long time to have a clinic to service the people and the needs of the people of the area. It's something that we have worked hard for a long time, and I think it's a facility that will make easier for the people who live in the area and have a tremendous need of this service. I think that the City of Miami make a commitment by donating the land. About two years ago, we signed a contract for the lease of the property. We knew quite well about all of the details about this. We knew exactly what was going to happen. We knew about the location. We knew about the building. By the way, it's a beautiful building, one that will enhance the area. We knew exactly about the problems of funding, but it's something that we have to live with. Funding 1s something that we always have to fight to obtain. And I think that the people of Little Havana need and deserve to have a health center in that area. The Victoria Hospital who is located across the street, is a fine hospital. One that we _i are very proud to have in the community. One that we have to recognize that they have taken even a step further that their responsibility in trying to maintain the area, and we applaud them for that. But they, as a private institution, cannot meet the needs of the people in the area. This building will enhance the area as well as the Victoria Hospital. I think this facility, the Rafael Penalber Building, the health center, that's the name of that facility. It's not going to be Little Havana, unless we kill it here today, it's going to be Dr. Rafael Penalber Health Center. And, by the way, his son is here and we are very proud to have the name of Dr. Penalber given to this facility. It was a man that we all love and respect. A man that gave a lot for this community, and we are proud to see in Little Havana a facility as this with the name of Dr. Penalber. Vice Mayor Plummer: You forgot... Commissioner Alonso: I really plead with my colleagues not to kill this project. Not to kill this facility that is of great importance for the people of Little Havana. One that they've been waiting for a long time. One that they desperately need. The people that now go to Jackson Hospital and have to wait for hours, our elderly, they will have this facility to go. I see people here in the audience, as Josefina Carbonell, that I would like to ask her to come to the microphone and tell us how much is needed, because she knows the elderly in that community. She knows of the needs, and I would like her to address... she's part of the advisory committee that I'm part also of, and I'd like Josefina to tell us a little bit whether this is of great importance to our community or not. And if we kill this project today, we are going to be doing a disservice to the people of Little Havana. 221 October 24, 1991 Ms. Josefina Carbonell: For the record, my name is Josefina Carbonell, and my place of business is Little Havana Activities and Nutrition Center located at 700 S.W. 8th Street in the neighborhood. For years we have fought to address the health needs of the poor population in Little Havana. Of course, there's a large portion of that population which is elderly. And there's a large portion of that population that is silent, but frail and in need of health needs. And some of them do not have the health insurance, the appropriate health insurance, any health insurance, or complete health insurance, or the dollars to be able to pay for health care. So Jackson is the only alternative. Being able to have access to a public health facility in the area will alleviate the great big problem that exists currently. I also will speak on the other age spectrum with the children, that we also run childrens' program, intergenerational programs. And I will address that there is a great need for prenatal care, for care for children, health care for children. And there's a lot of preventive work that can be done at this facility providing primary care that could alleviate other public facilities. So this is something that we have worked very hard to get, and it is correct that it is Representative Reeves and Morse that were responsible bringing these dollars down, and we are committed as an organization, and individually, to supporting this project and making this a reality, and supporting the efforts to seek operational funding when it becomes available. We have a primary preventive health support unit that will open up in our facility that will help support the activities that this primary care facility. I must also say that I am extremely pleased with the architectural drawings. I wish that our place at Little Havana would look like that. And definitely would add, you know, to the beauty of the area. I also want to add that the park facility that is there that is totally underused, it would inject certainly more use into the public facility in the park in the area and definitely would add to the, you know, to the yard and to the beauty of the neighborhood. We understand the - concerns from the hospital's point of view, and I think if we can come together to agree that there is a great need. And the need for this facility outnumbers, really, the points against it, be it, you know, parking and traffic and that kind of thing. And I want to add something to the traffic. Due to the experience of 20 years of service with elderly population, with poor population, these people hardly have cars, so they don't drive. So the use of cars is limited. So there will be more walk-ins and public transportation used that there will be actual driving into the facility. So I think the traffic problem, due to our experienc, because we also have large -_ numbers of poor people being served on 8th and ith Avenue, is relatively a 60 percent non car use to 40 percent car use. Vice Mayor Plummer: Thank you, ma'am.,; Ms. Carbonell: Thank you. Commissioner Dawkins: Mr. Vice Mayor. 'i ? Vice Mayor Plummer: Yes, Mr. Dawkins. Commissioner Dawkins: As I said from the beginning, this was a two project thing. Where is the architectural drawing for the one in the black community? Somebody from HRS. No, no, no, show me the drawings. I don't need no words now. Show me the drawings. 222 October 24, 1991 Mr. Fiallo: We were not prepared to discuss that clinic here today. Commissioner Dawkins: Beg your pardon? Mr. Fiallo: We were not prepared to discuss that clinic here today, sir. Commissioner Dawkins: You see, any time it's my community, you're not prepared. You come, no, no, no... you come prepared for everybody but my community. There ain't no way in hell you should have come here today without both drawings. — Mr. Fiallo: Why is that? Commissioner Dawkins: Because two people came together to beg for the money. Luis Morse for the one 1n Little Havana, and Jefferson Reeves for the one in the black community. They came here together, collectively. Mr. Fiallo: Yes, that is... Commissioner Dawkins: And we approved it collectively. Now, let, no, no, no... let me... see, I have to say this... Mr. Fiallo: Right, go ahead, sir. Commissioner Dawkins: ...because this Commission authorized me... I mean, that's why nobody up here can say that this Commission is not committed to this. Mr. Fiallo: OK. Commissioner Dawkins: This Commission authorized me to go to Tallahassee to lobby for this. I walked the halls with Ron Brooke, I walked the halls with everybody that we know in order to get this money for Luis and Jefferson -_ Reeves. So we know that it's needed. But I am very ticked off that you people would come here, from HRS - I can't say you people - and have one damn set of drawings, know good and well that the twc are need... according to you they are needed, and they should go on line and what have you. And I don't like it. Ms. Neasman: Commissioner Dawkins, if I can just respond. Commissioner Dawkins: Yes, ma'am. Vice Mayor Plummer: For the record, your name. Ms. Neasman: Annie Neasman, the administrator for the Health Department. Believe me, Representative Morse has told us that very same thing that you have just said to us. I think you should know that the County is managing both projects. They are both on the same track. The drawings are the same, are at the same identical stage. We are not having any problems... Commissioner Dawkins: OK, all right, now wait, let me show you how we do things like this, all right? In deference to my person. I move that this be 223 October 24, 1991 deferred until 8:45 and you all go bring me the drawings and we'll move both of them at 8:45. Vice Mayor Plummer: Excuse me, there is a motion on the floor. Is there a second? Commissioner Dawkins: No, wait, only if she can pro... she can't produce them, J.L. If she can produce them. Vice Mayor Plummer: I'm speaking to procedural. There is a motion on the floor. Is there a second? Is there a second? Is there a second? The motion dies. Next question. Commissioner Alonso: May 1 explain to Commissioner Dawkins that the only reason they are in front of us is because they need a special exception and they need a variance. That's why they are in front of us. Otherwise, they would continue with the process, and not be in front of us. Ms. Neasman: And if I... Commissioner Dawkins: Commissioner, they have the same problems in my community. We're getting exception, and people don't want it and they done been through this. Ms. Neasman: If I can just say, Commissioner Dawkins. Both projects are going to bid at the same time. The other projects, we have no... the other project, the Overtown project, has no problems. We have no variance problems. None of the problems that we're having with the Little Havana project. Commissioner Dawkins: Well, why wouldn't you have my plans finished, and give them to me. Ms. Neasman: I do not know... Commissioner Dawkins: Why... no, no, if you have no problems... Ms. Neasman: I do not know... Commissioner Dawkins: ...and everything is in order and ready to go, why don't you have the plans ready? Ms. Neasman: We did not have any problems with the Overtown project plans, so we did not bring those with us. Commissioner Dawkins: Are they completed? Ms. Neasman: They are completed. I could show you those plans. If I could get Mr. Frazier tonight, he could bring them over. We have those plans already completed for the Overtown project. Vice Mayor Plummer: May I inquire? Commissioner Dawkins: Go ahead, Commissioner. 224 October 24, 1991 Vice Mayor Plummer: I think one of the fears that I need some comfort and relief. Are you indicating for the record that both facilities are equal in their total capacity, their delivery of services? For example, is each facility being designated the same amount of money? Is there any difference in the two facilities in which someone could sit back and say, you did more for this one than you did for that one, whichever way that would be? Ms. Neasman: Both projects are equal in their need and their scope. We have had to spend slightly more money on the Little Havana project because of parking problems. But as far as the numbers of patients that they serve, the sizes of the buildings, they are both equal. Vice Mayor Plummer: The square footage is the same? Ms. Neasman: The square footage... Commissioner Dawkins: The aesthetics of the building are the same? Ms. Neasman: Pardon me? Commissioner Dawkins: The aesthetics of the building. Ms. Neasman: The aesthetics... Commissioner Dawkins: That building over there will be as pretty as this one? Ms. Neasman: It is as pretty as that one. The design is different because of the two different communities. But it was designed to look perfect for the community in which the Little Havana one for the Little Havana community, and the other one for the other community. Commissioner Dawkins: Well, I'm going to tell you again, and you go tell - anybody else. That I am very angry that we have been through this as a unit fighting for a health care center in Little Havana, and fighting for a health _ care center in Overtown. And you people come before this Commission with one set of plans. You're only ready to go and build one thing. I am against it. - Ms. Neasman: We are ready to build two sites. Commissioner Alonso: But no. Commissioner Dawkins: Well, why aren't you... well, why didn't you say, why aren't you here saying that? Ms. Neasman: We are not having any problems with the Overtown plan. - Commissioner Dawkins: It's both in the City of Miami. Ms. Neasman: But the problems with this one was a variance. Commissioner Dawkins: Well, what problem you got with this? Vice Mayor Plummer: Variances to setbacks. 225 October 24, 1991 Ms. Neasman: The initial problem was a variance problem. Commissioner Alonso: Variance, you need that... first you have to grant an appeal, and you also have a special exception that you don't need in Overtown. Vice Mayor Plummer: All right, listen. At this particular point, you're not going to change Commissioner Dawkins' mind. I understand his questioning. But you don't have the plans, you're not going to have the plans so that answers that aspect of it at this point. Now, let's go on. Are there other areas of concern? Yes, ma'am. For the record, state your name and mailing address. Ms. Gloria Rosello: For the record, my name is Gloria Rosello. I think there will be... Vice Mayor Plummer: Your mailing address. You know this better than I do. Ms. Rosello: 3007 N.W. 7th Street, Miami, Florida. I don't think there is one person that could be against this project, especially for Dr. Penalber, who did so much for this community. What I am concerned about, Vice Mayor Plummer, and I think a lot of people are. When I was chairman of the Little Havana community that you told me yourself it's not worth it to be in there, and I took your word for it, OK. I asked the Parks Department which was the area that has the least amount of parks? Their answer, on the record, was Little Havana. My concern, and I know we need this, I know more than anybody else, because my husband himself does a lot of work for free for this community and all you know it. The problem is the site. Why are they going to take a park away from our kids which is as much needed as something like this. This is the only thing that we are concerned about. Vice Mayor Plummer: Can I answer that for you? Ms. Rosello: Sure. Vice Mayor Plummer: And I'll give you just my opinion. Ms. Rosello: Or could they give us something else? Maybe they could give us another park for the kids. Vice Mayor Plummer: Number one, have you been to that park? Ms. Rosello: Yes. Vice Mayor Plummer: What hangs out in that park today is undesirable. Number two, most likely if the piece of land was not donated, it could not be a reality. And that's simply what I think, in my opinion, is the reason for that site being chosen. Now, I can't answer, is the site in Overtown on a park? Commissioner Alonso: No. Vice Mayor Plummer: Was that land donated for that? Commissioner Alonso: Yes. We did. 226 October 24, 1991 Vice Mayor Plummer: By who? Commissioner Alonso: By us. Mr. Fiallo: By the City of Miami. Commissioner Alonso: City of Miami. Vice Mayor Plummer: OK. Hey, I can't say that's the answer, that's my opinion. Commissioner Alonso: But also, we are not taking all of the park. Would you explain on the record please, Albert Ruder, what the portion of the park that will remain? Mr. Alberto Ruder: The total park area is 3.6 acres, and the original area that we were talking about for the health clinic would be about 35.2 percent of the park, 35 percent of the park. Vice Mayor Plummer: Does this take any of the tennis courts? Commissioner Alonso: We'll still have eight left. Mr. Ruder: Yes, out of ten, we would have eight. It would take a green area, and an existing building that is in pretty bad shape. That also has a bathroom. Vice Mayor Plummer: Question. Does the lease or this property have a reverter clause back to the City of Miami if vacated? Mr. Fiallo: Yes, it does. Mr. Al Armada: No. There's absolutely no restriction in this particular piece of real estate. Vice Mayor Plummer: Well now, he says there is, and I'd rather... Mr. Armada: He's wrong. Vice Mayor Plummer: Well, wait a minute, I'd rather hear from him. He's giving me the answer I want to hear. So tell me why you think... Mr. Fiallo: Well, I thought that you had asked, Commissioner. I'm very sorry. I thought... Vice Mayor Plummer: No. You say it is a reverter? Mr. Fiallo: No, I thought that you had asked if the property is not used for a clinic, if it reverts back to the City. That's the question I understood. Vice Mayor Plummer: Commissioner Alonso: That is my question. That's his question. 227 October 24, 1991 Mr. Fiallo: Well, if the clinic, facility, will not be used as a clinic, yes, it will revert back to the City. Vice Mayor Plummer: Do we have that in legal terminology? x- i Mr. Armada: Yes, Commissioner, that is in the lease agreement. Vice Mayor Plummer: If it is not used, if it's ever vacated... Mr. Armada: Yes, Commissioner. Vice Mayor Plummer: ...its present use as a clinic. Mr. Armada: Exactly, it can only be used for this expressed use. That's it. Vice Mayor Plummer: And if it's not used for that, then it reverts back to the City. Mr. Armada: Obviously. Vice Mayor Plummer: No, no, no, not obviously. Mr. Armada: Commissioner... Commissioner Alonso: It is stated in the lease. - Vice Mayor Plummer: Legally is that in the contract? Mr. Armada: Commissioner, it's... the lease says that it is for a specific use and it is for this clinic that has been defined. If Dade County now says, OK, we're going to turn around and use it for something else, they would have to come number one, before you to use it for something else and get approval f for that. Otherwise, the lease is over. f Vice Mayor Plummer: How long is this lease for? While he's looking that up, other questions. Anybody else wishing to testify? Commissioner Dawkins: Yes, one other question. I have one question. When will this be put out for bid? 4 Ms. Gonzalez: Commissioner, this is set to go out to bid in February. Commissioner Dawkins: February... Ms. Gonzalez: Yes, sir. Commissioner Dawkins: ...when will the other onf be put out for bid? Ms. Gonzalez: They're both on a concurrent time schedule, sir. Commissioner Dawkins: See, you're like my wife. You answer like you want to. When will the two of them be put out for bid? y' t e 228 October 24, 1991 b - Ms. Gonzalez: February, sir. Commissioner Dawkins: February. Ms. Gonzalez: Yes, sir. Commissioner Dawkins: At the same time. Ms. Gonzalez: Yes, sir. Commissioner Dawkins: Thank you. Vice Mayor Plummer: Approximate time for construction? Ms. Gonzalez: It's approximately one year. Vice Mayor Plummer: Total cost of construction? Ms. Gonzalez: Total cost, I believe, is 2.3? Two point three million dollars, sir. Vice Mayor Plummer: For both. Ms. Gonzalez: For each. Vice Mayor Plummer: For each. Ms. Gonzalez: Yes, sir. Vice Mayor Plummer: Does that include equipment? Ms. Gonzalez: No, sir, it does not. Vice Mayor Plummer: Where does the money come from for equipment? Ms. Gonzalez: Again, I have to defer to HRS on that. operational... t Vice Mayor Plummer: OK, well let's ask HRS. i Mr. Fiallo: It's already in the request for the 192-93 budget. i Vice Mayor Plummer: How much money? That's an Mr. Fiallo: I think it's close to one million It's nine hundred and some thousand. I don't know the exact amount. Vice Mayor Plummer: For each facility or both? Mr. Fiallo: For both. Vice Mayor Plummer: For both. Mr. Fiallo: That's correct. 229 October 24, 1991 Mr. Armada: It's for 20 years, and it expires September the 30th of the year 2010, j Commissioner De Yurre: It'll be like when you're running for your eleventh term. Vice Mayor Plummer: I'll be here, sir. Other questions? Other people wishing to testify. Ms. Rosello: I just want to make a comment. Really, I... Vice Mayor Plummer: For the record, your name. Ms. Rosello: Gloria Rosello. I really commend the person that chose the name for the facility. He really deserves it. Commissioner Alonso: Of course. Vice Mayor Plummer: And now his son wishes to testify. Mr. Rafael Penalber: Vice Mayor Plummer, members of the Commission, I am Rafael Penalber, and I am extremely honored... Vice Mayor Plummer: Sir, I'm sorry. For the record, your mailing address. Mr. Penalber: My mailing address is 1101 Brickell Avenue, Miami, Florida, 33131. Vice Mayor Plummer: Thank you, sir. j Mr. Penalber: It's incredible the emotion that I am feeling before this Commission today, and I have wished to appreciate the actions that are being taken. For my father this would have been a tremendous honor, and I'm sure he's looking down. As past chairman of the Florida Commission on Hispanic Affairs, I can tell you the tremendous need that exists in Little Havana for a clinic of this nature. My father in Cuba founded the Clinica Nuestra Senora del Pilar, which was exactly the same concept that we're talking here today, a small facility where the elderly and the disadvantaged could walk and obtain ? the needed medical services right in their community. The concept that the physician was the friend of the patient. That they could go to this facility that was close at hand, and take care of their primary care. And to see that this concept is being brought to an area that's needed as much as Little Havana and that it will bear my father's name, it's something of tremendous emotion and honor for me and for my whole family. And particularly on a day like today. Today, October 24th is St. Rafael, and I would urge this Commission to approve for Little Havana a health care facility as much needed as this one, and thank you for the decision to name it after my father. I wish to thank, in particular, Representative Luis Morse, Commissioner Miriam Alonso who led the efforts here for this facility, and to each and everyone of you for the actions that you have taken. 230 October 24, 1991 W Vice Mayor Plummer: We haven't taken an action yet. Mr. Penalber: Victor has been a friend for many years, and I know that he knew my father and worked closely with him. So I would just want to close my remarks by saying that all the people of Little Havana will be well served by the action that you take here today. Thank you. Vice Mayor Plummer: Thank you, sir. Anyone else wishing to testify? Commissioner De Yurre: J.L. Vice Mayor Plummer: Commissioner De Yurre. Commissioner De Yurre: Yes, so we can cut this short a little bit. I don't think there's any issue. Vice Mayor Plummer: No, there is. Commissioner De Yurre: Well, as far as wanting a clinic. Vice Mayor Plummer: Oh, oh, I'm sorry. Commissioner De Yurre: OK? Vice Mayor Plummer: I thought he was getting ready to make a motion. Commissioner De Yurre: Not yet. Vice Mayor Plummer: OK. Commissioner De Yurre: The issue that I think brings a lot of people here, particularly from Victoria Hospital, has to do with traffic flow on 3rd Street, parking on 3rd Street to the facility, the service area for the center coming in from 3rd Street. We've been talking for a while and a little bit over there, and a little bit over here, and a few pow wows to see if we can come to some type of agreement wherein we can appease the concerns of Victoria Hospital as well as taking care of the needs of the area which is this health center. We are talking about a situation - unless things have changed in the last five minutes - and knowing the City of Miami could very well have happened, but I'm just going to proceed if nobody... if I'm not saying what we've agreed to. We're not agreed to that now? Mr. Sergio Rodriguez: No, if I may, let me try this to see if that will be acceptable, because that's where we have been trying to work. There were three major concerns from the Victoria Hospital point of view. One is that the loading area, which is closer to the entrance, is affecting them in a negative way. And I think there is a possibility of moving that entrance closer to the other side of the property, the other entrance of the property, adjacent to the entrance of the parking. The second point was the location of the trash that was also closer to the entrance of Victoria Hospital, and I think it is possible that we can move that into that area. And the third concern would be closing the entrance completely where the loading was going to occur, and provide landscaping, heavy landscaping, in that area, with the understanding that the entrance to the parking, the ramp to go down, would 231 October 24, 1991 stay where it is and there will be only one entrance to this property from that side of the street. And I think you're going to have to hear the representative from Victoria Hospital. Commissioner De Yurre: From what side? You're stilt going to enter from 3rd Street? Mr. Rodriguez: From N.W. 3rd. Instead of having two entrances, you cut 1t down to one, and the one closest to Victoria Hospital, which was the loading entrance, will be eliminated. Commissioner De Yurre: And everybody is in agreement on that now? Mr. Rodriguez: Well, that's why you... Vice Mayor Plummer: Sir, were you sworn in? Mr. Ralph Aleman: Yes, sir. Vice Mayor Plummer: All right, sir. For the record, please, your name and your mailing address and who you represent. Mr. Aleman: My name is Ralph Aleman. My address is 9910 S.W. 142nd Street. Vice Mayor Plummer: Excuse me, sir, are you an attorney? Mr. Aleman: No, sir. Vice Mayor Plummer: All right, sir. Commissioner De Yurre: He talks like one though Vice Mayor Plummer: He what? Commissioner De Yurre: He talks like one. Vice Mayor Plummer: Well, as long as he doesn't get paid like one. Mr. Aleman: They try to coach me so I talk like one, but I never do. I am the president and chief executive officer of Victoria Hospital. Vice Mayor Plummer: Be careful, that's where I was born. Mr. Aleman: I know that. We're proud of you. Vice Mayor Plummer: By the time De Yurre came along you didn't have OB (obstetrics). Mr. Aleman: I' l l try to be brief because I know this is a long proceeding, and there has been a lot of conversation already tonight. But I just wanted, for the record, and to set the record straight on Victoria Hospital's position on the health clinic. We are not opposed to this project. We recognize the need for health care services in our community. We're in the business of providing health care services and we know the problems that we have. We're 232 October 24, 1991 proud to say that we are, I think, the largest health care resource in Little Havana, and have been there since 1924. And over the last two and -a -half years have significantly increased the resources and the quality of service and the scope of the services that are provided the people there. Of all types of income, I might say. As you well know, that neighborhood is not... it's probably one of the poorest in town. And that is where we get our patients from. But we do have some very legitimate and serious concerns about some of the designs aspects of this clinic. The way that it is laid out in the property immediately across from our front entrance to the hospital. And over the last two and -a -half hours here with the very good cooperation of the people from HRS and the architect, they have been trying to play some last minute architect on how some of the things could be accomplished. And I always worry and it makes me uneasy to try to do that over a very short period of time with, you know, a bunch of lawyers playing architects. As I said, those of you who don't know the story of Victoria Hospital, there is a hundred physicians that are the owners of Victoria Hospital. They are local physicians, along with Columbia Hospital Corporation. We have invested over $25,000,000 in a private venture. Over the last two and -a -half years, we have invested over $5,000,000 in improving the facility and the services there. We employ over 650 people in the community at Victoria. We have improved the physical plant. We have gone beyond the scope of our services that was mentioned here before in terms of providing some assistance to the City in maintaining that part of town, and keeping it clean. By approving this facility, the way that it is designed now, our concern is, the ones that have been mentioned here before in terms of access to the service entrance of the clinic, and the fact that the trash will be immediately across from the street from our front entrance. There is already a lot of traffic on 3rd Street. We have some pictures here which depict the fact that right now there is people parking on top of the sidewalk, and it is a terrible situation. We have some expansion plans of our own. We plan to build a medical office building adjacent to the hospital. We're going to have to build a parking garage to accommodate additional parking because of that. We don't want any decisions that are made here tonight - again for the record - to prevent us in the future to be able to go on with our expansion plans in terms of concurrency with open spaces, for example, and any other issues which may prevent us from our expansion plans as a result of the decisions that you make here today. Vice Mayor Plummer: Sir, have you heard Mr. Rodriguez saying that it is possible that this could be changed, and are you in concurrence with the changes that he is recommending that would benefit you? Or do you feel that that's not adequate? Mr. Aleman: To be perfectly honest with you, I don't know. As I said, we've been doing some last minute juggling here on plans and scribbles... Vice Mayor Plummer: All right, you've answered by question by you don't know. Mr. Rodriguez, to give comfort to the hospital - and it seems like that there Is a spirit of compromise here - what do you recommend to this Commission? I think that if I can sense the feeling, we all wanted to go forward. Yet, we still feel that there should be some protection afforded to the Victoria, and as such, what is your recommendation to try to accomplish this where everybody Is satisfied? 233 October 24, 1991 690 Mr. Rodriguez: I think you have two possible choices. One choice will be to approve it tonight, subject to resolving the issue of the entrance and the loading and the trash located fronting N.W. 3rd Street. And if this is not satisfactory, to bring it up before you in so many days - 30 days. The other option is that you can delay the action. Commissioner Alonso: They will have to say if they consider this satisfactory, because, for example, I don't think that we will be able to resolve the problem of parking because being fair, the problem of parking comes because of the hospital. We don't have adequate parking for this type of facility that exists... Vice Mayor Plummer: Well, I think it's a combination. Commissioner Alonso: ...and some people have to park in that area. Mr. Rodriguez: I was basically addressing the issues that I thought were the major three issues that were affecting them. Vice Mayor Plummer: Yes, that's what I see. Commissioner Alonso: Yes. But he did mention also the question of parking, and I don't think that the clinic will increase the problem of parking. I think it will be more people as it has been said here before, people from the area, people that have no transportation, they come in public transportation or elderly that will come in specific buses from whatever type of transportation they have from the building that they leave or whatever. I don't think that will increase the... but the other issues, the trash location and the entrance and... Mr. Rodriguez: The loading. Commissioner Alonso: ...this, I think, we can address here and finalize. And... Vice Mayor Plummer: All right, well, let me proffer this if may be. That we identify those areas that are of compromise. If they are satisfied to both parties, the matter would be approved. If, in fact, the compromise is not reached, then the matter would come back to us on November 14th. Is that agreeable with my colleagues? All right, then let's identify the areas. Number one, is the area relating to the loading, the loading dock, if that would be the location. Mr. Rodriguez: The entrance service. Vice Mayor Plummer: Number two would be where the trash receptacles are going. Mr. Rodriguez: Right. Vice Mayor Plummer: Number three, there would be one entrance, and not two. Mr. Rodriguez: On 3rd Street. 234 October 24, 1991 Vice Mayor Plummer: On 3rd Street. And number four, there would... Mr. Rodriguez: The landscaping necessary to buffer... Vice Mayor Plummer: ...the landscaping as a buffer, as a hiding screen kind of effect, are the issues. Are there more? Mr. Aleman: Well, I already mentioned the issue of concurrency, which I had hoped that we... I can get some... Vice Mayor Plummer: Well, let's understand each other now. We're not dealing with Victoria. And I don't know that you have an absolute right under the present zoning conditions to do what you've talked about here today. And there's no guarantee here today that the approval of this application, if, in fact, you need hearings before this Commission to do what you propose, there is no guarantee that you have that locked up. OK? Now, if you are in accord with what is presently zoned, and you don't need anything, God bless you. But if, in fact, you require hearings to build this professional building, or have any variances whatsoever, you stand before this Commission with your application, sir, with no guarantee that it will be approved. So I want you to understand that. It has no bearing on what you may or may not come in the future with an application. What we're speaking here today is the application which is before us. Now, if, in fact, those four areas that are identified and compromises are reached on those four items, is there anything else that needs to be identified in a compromise? Mr. Aleman: No, I think the only other thing is that we would like to see some very specific plans in terms of the landscaping around those areas. Vice Mayor Plummer: Sir, that will be part of the compromise. OK? Now, I think we've reached that point, and which Commissioner would like the pleasure of speaking to first, item 8? Commissioner Alonso: Yes, I will move that we grant the appeal with the conditions... Vice Mayor Plummer: Subject to. Commissioner Alonso: ...subject to the conditions.... Vice Mayor Plummer: Is there a second? Commissioner Alonso: And I think that we are in agreement. Commissioner De Yurre: Second. Commissioner Alonso: Also, I'd like to make a comment and sort of... rather as a statement, I don't see why the existence of this health clinic will affect in any way whatever addition you want to have for your facility. It will not have any effect whatsoever. Commissioner De Yurre: Well, it has an effect, but not in this case, based on the information that we have. 235 October 24, 1991 Commissioner Alonso: Not on this. Vice May Plummer: All right, Mr. Book, are you rising for... Mr. Ron Book: For a brief moment, Mr. Mayor. Vice Mayor Plummer: For the record, your name and mailing address, please. Mr. Book: Ronald L. Book, from Ronald L. Book, P.A., 2875 N.E. 191 Street, North Miami Beach, Florida, representing Victoria. Vice Mayor Plummer: You should move into the City, sir. Commissioner Alonso: Yes. Mr. Book: I'm trying to, Mr. Mayor. Commissioner Alonso: Wonderfull Mr. Book: Commissioner Alonso, the concern that Mr. Aleman has spoken to on his future expansion plans deals with the fact that when you eat up the open space with the clinic, you're obviously dealing with a problem related to your comprehensive land use plan, and concurrency. And if, in fact, when they come in to build an office building, if your open space has been eaten up... Vice Mayor Plummer: Makes a good point. Mr. Book: ...you could have... he could very well have a problem. And what he is suggesting to you is if, in fact, that becomes a problem when he comes in with his application for his office building, that there be some sensitivity by this Commission to help him to find some additional open space in the Little Havana area not at his expense, since he is not opposing putting the facility inside the park itself. Vice Mayor Plummer: Mr. Book... Mr. Book: That is the issue. Vice Mayor Plummer: Mr. Book, this Commission is always sensitive, sir. Mr. Book: Thank you, sir. Vice Mayor Plummer: Didn't say which way, but we're sensitive. Mr. Book: Thanks. Commissioner Alonso: Especially to good neighbors. Vice Mayor Plummer: No, let me tell you... Mr. Rodriguez: If you want to, me to put on the record... Vice Mayor Plummer: Let me put this on the record, all right? Mr. Book, you make an excellent point. Because when you come down to a thing called impact 236 October 24, 1991 fees, OK, I can appreciate that. That the impact fees could be greater on the hospital because of this for the need of additional water and sewer, blah, blah, blah, and that's what's addressing through impact fees. But I think that it's offset by the need of the community, OK? So, we now have a motion on the floor and duly seconded by Commissioner De Yurre in reference to item eight. Mr. Rodriguez: May I put on the record in relation to the concurrency issue, a statement? Vice Mayor Plummer: Yes, sir. Mr. Rodriguez: In relation to the issue of open space, the Citywide adopted open space standard is 1.3 acres per 1,000 population. And using that basis, at this point there will be no violation of the required levels of service by approval of this proposal. Vice Mayor Plummer: All right, sir. Item 8, for the record, is 981 N.W. 2nd Street, and it's reducing the side setbacks from 10 to 5 feet. Any further discussion? Hearing none, call the roll. The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 91-776 A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND GRANTING THE VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, ZONING DISTRICTS, SCHEDULE OF DISTRICT REGULATIONS, PR PARKS, RECREATION AND OPEN SPACE, TO ALLOW A REDUCTION OF THE REQUIRED SIDE SETBACKS FROM 10' TO 5' FOR THE PROPOSED PUBLIC HEALTH CLINIC (LITTLE HAVANA HEALTH CARE CENTER), FOR THE PROPERTY LOCATED AT APPROXIMATELY 981 NORTHWEST 2 STREET, MIAMI, FLORIDA, ALSO DESCRIBED AS LOTS 7-14 INCLUSIVE, BLOCK G, RIVERVIEW, AS RECORDED IN PLAT BOOK 5 AT PAGE 43, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, ZONED PR PARKS, RECREATION AND OPEN SPACE, SUBJECT TO THE CONDITION THAT THE FOLLOWING FOUR (4) ISSUES SHALL BE RESOLVED PRIOR TO NOVEMBER 14, 1991 OR THE APPEAL FROM ZONING BOARD RESOLUTION NO. ZB 58-91 SHALL BE BROUGHT BACK TO THE CITY COMMISSION FOR ITS REVIEW: (1) RELOCATE SERVICE ENTRANCE AND LOADING DOCK AWAY FROM VICTORIA HOSPITAL; (2) RELOCATE TRASH RECEPTACLES AWAY FROM VICTORIA HOSPITAL; (3) PROVIDE A LANDSCAPE. BUFFER; AND (4) THERE SHALL BE ONLY ONE ENTRANCE TO THE PUBLIC CLINIC ON NORTHWEST 3RD STREET. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 237 October 24, 1991 Upon being seconded by Commissioner Be Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor Be Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. NOES: None. ABSTENTIONS: Mayor Xavier L. Suarez. ABSENT: None. I 29. GRANT APPEAL - REVERSE ZONING BOARD DENIAL OF VARIANCE FROM 11000 TO ALLOW REDUCTION OF REQUIRED SIDE SETBACKS FOR PROPOSED PUBLIC HEALTH CLINIC (LITTLE HAVANA HEALTH CARE CENTER) AT 981 N.W. 2 STREET (Appellant: Planning, Buildiig & Zoning Dept.) Vice Mayor Plummer: Yes, item 9, moved by Commissioner Alonso. Seconded by De Yurre. Also relates to... Mr. Sergio Rodriguez: It's the same. Commissioner Alonso: Same thing. Yes. Vice Mayor Plummer: Different what? Commissioner Alonso: One is Dade County, the other one City of Miami. Both exactly the same. Vice Mayor Plummer: Oh, we get them both in there. OK. Same motion. We need another roll call, please. This is item 9. r October 24, 1991 z The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 91-777 A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND GRANTING THE VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, ZONING DISTRICTS, SCHEDULE OF DISTRICT REGULATIONS, PR PARKS, RECREATION AND OPEN SPACE, TO ALLOW A REDUCTION OF THE REQUIRED SIDE SETBACKS FROM 10' TO 5' FOR THE PROPOSED PUBLIC HEALTH CLINIC (LITTLE HAVANA HEALTH CARE CENTER), FOR THE PROPERTY LOCATED AT APPROXIMATELY 981 NORTHWEST 2 STREET, MIAMI, FLORIDA, ALSO DESCRIBED AS LOTS 7-14 INCLUSIVE, BLOCK G, RIVERVIEW, AS RECORDED IN PLAT BOOK 5 AT PAGE 43, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, ZONED PR PARKS, RECREATION AND OPEN SPACE, SUBJECT TO THE CONDITION THAT THE FOLLOWING FOUR (4) ISSUES SHALL BE RESOLVED PRIOR TO NOVEMBER 14, 1991 OR THE APPEAL FROM ZONING BOARD RESOLUTION NO. ZB 58-91 SHALL BE BROUGHT BACK TO THE CITY COMMISSION FOR ITS REVIEW: (1) RELOCATE SERVICE ENTRANCE AND LOADING DOCK AWAY FROM VICTORIA HOSPITAL; (2) RELOCATE TRASH RECEPTACLES AWAY FROM VICTORIA HOSPITAL; (3) PROVIDE A LANDSCAPE BUFFER; AND (4) THERE SHALL BE ONLY ONE ENTRANCE TO THE PUBLIC HEALTH CLINIC ON NORTHWEST 3RD STREET. (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. NOES: None. ABSTENTIONS: Mayor Xavier L. Suarez. ABSENT: None. 239 October 24, 1991 30. (A) REVERSE ZONING BOARD DECISION AND GRANT SPECIAL EXCEPTION FROM 11000 TO ALLOW CONSTRUCTION AND OPERATION OF A PUBLIC HEALTH CLINIC (LITTLE HAVANA HEALTH CARE CENTER) AT 981 N.W. 2 STREET (Appellant: Metropolitan Dade County). (B) SCHEDULE DISCUSSION OF THE BLACK HEALTH CARE CLINIC FOR NOVEMBER 14TH MEETING. ------------------------------------------------------------------------------ Vice Mayor Plummer: Item ten. Commissioner Alonso: I so move. Vice Mayor Plummer: By Commissioner Alonso. Seconded by De Yurre. This item relates to the same parcel of property authcrizing the construction and operation of a two story, 22,500 square foot, public health clinic, Little Havana Health Care Center in Henderson Park. Any further discussion? Hearing none, please call the roll. The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 91-778 A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND GRANTING THE SPECIAL EXCEPTION FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, ZONING DISTRICTS, SCHEDULE OF DISTRICT REGULATIONS, PR PARKS, RECREATION AND OPEN SPACE, CONDITIONAL PRINCIPAL USES, TO ALLOW THE CONSTRUCTION AND OPERATION OF A PUBLIC HEALTH CLINIC (LITTLE HAVANA HEALTH CARE CENTER), WITH APPROVAL BY THE CITY COMMISSION ONLY, FOR THE PROPERTY LOCATED AT APPROXIMATELY 981 NORTHWEST 2 STREET, MIAMI, FLORIDA, ALSO DESCRIBED AS LOTS 7-14 INCLUSIVE, BLOCK G, RIVERVIEW, AS RECORDED IN PLAT BOOK 5 AT PAGE - 43, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, ZONED PR PARKS, RECREATION AND OPEN SPACE, SUBJECT TO THE CONDITION THAT THE FOLLOWING FOUR (4) ISSUES SHALL BE RESOLVED PRIOR TO NOVEMBER 14, 1991 OR THE APPEAL FROM ZONING BOARD RESOLUTION NO. 7B 58-91 SHALL BE BROUGHT BACK TO THE CITY COMMISSION FOR ITS REVIEW: (1) RELOCATE SERVICE ENTRANCE AND LOADING DOCK AWAY FROM VICTORIA HOSPITAL; (2) RELOCATE TRASH RECEPTACLES AWAY FROM VICTORIA HOSPITAL; (3) PROVIDE A LANDSCAPE BUFFER; AND (4) THERE SHALL BE ONLY ONE ENTRANCE TO THE PUBLIC HEALTH CLINIC ON NORTHWEST 3RD STREET. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 240 October 24, 1991 r 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. NOES: None. ABSTENTIONS: Mayor Xavier L. Suarez. ABSENT: None. Commissioner Dawkins: Mr. Plummer, may I say something? Vice Mayor Plummer: Who... Commissioner Dawkins: I'd like to say something to everybody in here. I keep hearing Miller Dawkins speak of the one in Liberty City, and I've heard one or two people speak of the health care center in Little Havana. I want to put it in the records that when Luis Morse and Jefferson Reeves came forth with this idea, they, being a Cuban and a black, said that both areas needed health care services, and what can we do to help provide our neighborhoods with service? It wasn't thought of as a Little Havana project. It was not thought of as an Overtown project. They worked collectively to do what they knew was needed to provide health care services for two areas. So I want it in the record that it was no Little Havana Center, it was no Overtown Center. You had two legislators who saw the need for health care services and went up to Tallahassee to get the money to do it. Thank you. Vice Mayor Plummer: Thank you, sir. Commissioner Alonso: And if I just want to add something to the record, I think it should read the Rafael Penalber Health Unit, so that we have the correct name on the record. Vice Mayor Plummer: OK. Commissioner Dawkins: And, oh, by the way. Schedule an architectural drawing of the Overtown site at the next meeting. Commissioner De Yurre: I thought you wanted to schedule an appointment for you. Commissioner Dawkins: No, I'm going to schedule an appointment with you to burn down the arena and Sports Authority. Vice Mayor Plummer: Ahl Ha, ha, ha. Commissioner Alonso: Look at him now. Look at him now. He came at the time of the burn. Vice Mayor Plummer: Thank God you can't burn dokn Bayfront Park. 241 October 24, 1991 s W Mr. Rodriguez: So we will schedule for November 14 the presentation... Commissioner Alonso: Vice Mayor Plummer: Don't give them ideas. If necessary. Mayor Suarez: Yes, get a report on what the aesthetics of the other project looks like, presumably as nice as this one. Commissioner Alonso: It is. 31. (Continued Discussion) SECOND READING ORDINANCE (CONCERNING PLANNING, BUILDING AND ZONING FEES): AMEND CODE CHAPTER 2 (ADMINISTRATION), SECTION 2-75 - REQUIRE ANNUAL ACCESSORY USE CERTIFICATE FOR HOUSEBARGES ON MIAMI RIVER - ESTABLISH ANNUAL FEE FOR CERTIFICATES (See label 27). ------------------------------------------------------------------------------ Vice Mayor Plummer: Mr. Mayor, we have two items left. Back to the housebarges and the one is in reference... Mayor Suarez: All right, did we get clarifications? Mr. Crespo: Yes, we have, sir. Mayor Suarez: OK, on item PZ-6, I will entertain a motion on the item. Joe. Mr. Joe McManus: The number in PZ-6 is $250. Discussion lowered that to $200. That's the only correction. Mayor Suarez: All right, with the correction, I'll entertain a motion on PZ- 6. Commissioner Alonso: I so move. Mayor Suarez: So moved. Vice Mayor Plummer: Is that six or seven? Mayor Suarez: Commissioner Plummer, Vice Mayor Plummer is mumbling. That's close enough to a second. Read the ordinance. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mayor Suarez: Call the roll. Vice Mayor Plummer: I'm going to add a proviso to that. Administration, I want, within six months, a memo from you indicating the total amount of fees and taxes that all 49 vessels are paying to the City of Miami. That's all fees, garbage fees, any kind. 242 October 24, 1991 Joel Maxwell, Esq.: Are you doing that as a separai Vice Mayor Plummer: I don't necessarily need it telling the administration. AN ORDINANCE - lotion, Mr..e a motion. I'm just AN ORDINANCE RELATING TO PLANNING, BJILC AND ZONING FEES, AMENDING THE CITY CODE, CHAPTER 2 ADMINISTRATION, SECTION 2-75, B CONFORMING NOMENCLATURE AND REQUIRING AN ANNUAL CESSORY USE CERTIFICATE FOR HOUSEBARGES ON THE M1 I RIVER AND ESTABLISHING AN ANNUAL FEE FOR SAID ERTIFICATES; CONTAINING A REPEALER PROVISION, SEVEF ILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading by title at the ,eting of July 25, 1991, was taken up for its second and final reading. t, title and adoption. On motion of Commissioner Alonso, seconded by Comm,+ss�: r Plummer, the Ordinance was thereupon given its second and final readin(. y 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: None. ABSENT: Commissioner Miller J. Dawkins. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10931. The City Attorney read the ordinance ir.the public record and announced that copies were available to the member: )f the City Commission and to the public. 243 October 24, 1991 • 0 -------------- --------------------------------- ------------- - - ---------- 32. (Continued Discussion) SECOND READING ORDINANCE: AMEND 11000 ZONING TEXT, ARTICLE 4 (ZONING DISTRICTS, PR PARKS, RECREATION / OPEN SPACE DISTRICT, ETC.) - RECOGNIZE EXISTING MARINAS AND ANCILLARY FACILITIES - REQUIRE SPECIAL EXCEPTION FOR NEW MARINAS - PROVIDE EXCEPTION TO HOUSEBARGE PROHIBITION - ALLOW TEMPORARY OCCUPANCY OF PRIVATE PLEASURE CRAFT AS LIVING QUARTERS - PROVIDE GRANDFATHERING OF CERTAIN HOUSEBARGES - PROVIDE DEFINITION FOR NAVIGABLE WATERWAY, HOUSEBARGES AND HOUSEBOATS (See label 27). ------------------------------------------------------------------------------ Mayor Suarez: PZ-7, everything clarified and... Commissioner Alonso: I so move. Mayor Suarez: So moved. Mr. Crespo: Could we get a specific mention in the record of what the changes are? Mayor Suarez: What do you need mentioned in the record? -surely. - Mr. Sergio Rodriguez: The corrections made by... - Mr. Crespo: The corrections, yes. So that we know... Mr. Rodriguez: ...Mr. McManus that were read before and were... Mr. Joe McManus: Referring to the handwritten numbers on the pages; pages 7, 8, and 9, clarification by adding the words "private pleasure craft and housebarges in districts R-1, R-2, R-3, R-4." Proceeding on to handwritten pages 12 and 13 where the number of private pleasure craft is clarified as eleven. The number of housebarges is clarifieJ as being 38, to handwritten page 14, what is now separate paragraphs 4 and 5 are going to be merged into one paragraph four connected by the word "or". These are alternatives. Proceeding on to what is now number paragraph six, same page, the previous deletions of approximately lines four and five, and eleven and twelve in the paragraph. Proceeding on, that's the total of the changes. Mayor Suarez: OK. Vice Mayor Plummer: For the record, may I inquire, the wording here, "...requiring new marinas and accessory uses to have a special exception approval." It is my understanding that there are 49 total. And that, in effect, there would be no others. Now why is the provision here referring to new marinas? Mr. McManus: What page are you on, Commissioner:' Vice Mayor Plummer: Sir, I'm on the agenda. Mr. Rodriguez: What page? 244 October 24, 1991 Js Vice Mayor Plummer: Page eleven of the agenda. It says, "...requiring new marinas and accessory uses to have a special exception approval." It is my understanding there will be no more. Mr. McManus: Commissioner, this refers to language that would be applicable in the City's PR districts, which is only city parks or city marinas. Mayor Suarez: Yes, not at all related to the liveaboards and all the... I A mean the housebarges. Mr. McManus: If, for example, City, you Commissioners, wanted to have a new marina, this describes that procedure. Vice Mayor Plummer: Well, why wouldn't we charge the ordinance if we wanted to do it for our own facilities? Mr. McManus: Well, this... Vice Mayor Plummer: No, I'm just... it indicates to me that you're opening up - the door to other new marinas by a special exception which is, I don't think, what we're trying to do. What we're trying to do is to grandfather the 49 in number that are there presently. We're not speaking to any new marinas I thought. Mr. McManus: Commissioner, this just gives - as long as we're going through this - gives the City the latitude of establishing a new marina in its park district. Vice Mayor Plummer: What about if you wanted to put one in front of another house? Mr. McManus: It's not zoned PR. This is only the PR districts, parks and rec... Vice Mayor Plummer: I just... personally, I think that we ought to eliminate that. I just think it opens the door to other, cther, other, other. Mayor Suarez: I am convinced that your purpose in all of this is to take us to the 9:00 o'clock hour. Vice Mayor Plummer: No, sir. Mayor Suarez: I've thought about this since... Vice Mayor Plummer: Your turn will come. Mayor Suarez: He does behave a little bit better around election time though, folks, you know. That's one good thing. Vice Mayor Plummer: Well, get on the record if you want to clarify some. Mr. Rodriguez: We11, let me get Mr. McManus, because I think you were l` referring to a section on page 11 that is not the one that he was referring to. 245 October 24, 1991 Vice Mayor Plummer: I'm speaking page 11 of the agenda, not the backup material. It says here, "...amending ordinance 11000, zoning text, article four, to recognize existing marinas and ancillary facilities." My concern is the next. "...requiring new marinas and accessory uses to have special exception approval." That opens the door for other new... Mayor Suarez: No, I think that must be a restatement of existing Code. Vice Mayor Plummer: No, it's not. Mayor Suarez: Any new marinas must have special exception approval. Mr. McManus: We were... originally we were silent on say the Dinner Key Marina, which is zoned PR. Mayor Suarez: Right. Mr. McManus: What we tried to do is introduce language that grandfathered all the folks out in the Dinner Key Marina. Along with that, we've introduced languages for the purpose that the City itself wanted to establish a new marina. Vice Mayor Plummer: Then why didn't you say that? Mr. McManus: Because only the City property is zoned PR. Mayor Suarez: Has PR. OK, if there's any concern about that, we can always make an amendment. Vice Mayor Plummer: Does this... let me ask this question. Does this address the disgrace out here now? Mayor Suarez: The anchorage, no. Vice Mayor Plummer: Could it address the anchorage in any way? Mayor Suarez: We're seeing a rebirth of that issue and I'm trying to get the Waterfront Board once again involved in that. Vice Mayor Plummer: Well, I'm asking, by what we're doing here with this jterminology of new marinas? Mayor Suarez: We're getting more and more complaints again about the anchorage, at least I am. And I'm trying to refer them over to you guys. Commissioner Alonso: To the Waterfront... Mr. John Brennan: Tell me so I know what's going on. Mayor Suarez: Well, I've done that. Vice Mayor Plummer: Go out there and look. You don't need anybody to tell you. 246 October 24, 1991 Ak Mayor Suarez: You should be getting it, if you haven't gotten it already, John. Vice Mayor Plummer: Go look. Mr. Brennan: I go through it every weekend, J.L. Vice Mayor Plummer: With your eyes open and sober. Mr. Brennan: Absolutely. Vice Mayor Plummer: Look, if the rest of them are not concerned, go ahead. Mayor Suarez: All right. Vice Mayor Plummer: I'm just saying that I think it should be more definitive. That the language that you're presently using here does give the possibility of opening the door to somebody else which we're not... I think the one thing we're all in concurrence is not beyond the 49 vessels. Mayor Suarez: Yes, we certainly are. OK, as to PZ-7, I'll entertain a motion. Commissioner Alonso: I.... Mayor Suarez: So moved. Seconded. We've built into the reading of this ordinance all the modifications that you have requested and that we have found proper. Mr. Crespo: One question here. And this refers to PZ-6. It was agreed that after the initial inspection by the four or five inspectors... Mayor Suarez: It would be a typical... Commissioner Alonso: One... Mr. Crespo: One inspector. Mayor Suarez: ...inspector, but we don't limit ourselves. That inspector can find things that he wants to send other inspectors for, we don't have any limit. Mr. Crespo: OK. Mayor Suarez: But it's in the standard operating procedure, it will be one individual. Mr. Crespo: Yes. Mr. Rodriguez: Or, as necessary. Mayor Suarez: Exactly. Just like any other renewal of a CU (certificate of use). 247 October 24, 1991 Commissioner Alonso: Don't worry, we will not send them. Mayor Suarez, Yes, we're not in the mood for sending all kinds of inspectors. Moved and seconded. Any discussion? If not, please read the ordinance. Mr. Maxwell: For the record, Mr. Mayor... Mayor Suarez: Yes. Mr. Maxwell: ...I would suggest that the Commission also indicate on the record its intent would be that the attachments that are shown, that are included in the packet and made a part of this ordinance, will be subject to revision as additional information becomes available. Mayor Suarez: OK. With that additional proviso. Commissioner Alonso: Yes. Mayor Suarez: Read the ordinance. Call the roll. 248 October 24, 1991 AN ORDINANCE - AN ORDINANCE, WITH ATTACHMENTS, AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING: ARTICLE 4 ZONING DISTRICTS, PR PARKS, RECREATION AND OPEN SPACE DISTRICT, PERMITTED PRINCIPAL USE, PERMITTED ACCESSORY USES, AND CONDITIONAL ACCESSORY USES, TO RECOGNIZE EXISTING MARINAS AND ANCILLARY FACILITIES, AND PROVIDING THAT NEW MARINAS AND ACCESSORY USES WILL REQUIRE SPECIAL EXCEPTION APPROVAL; R-1 THROUGH R-4 RESIDENTIAL DISTRICTS, TO REFLECT THE EXCEPTION TO THE OCCUPANCY OF PRIVATE PLEASURE CRAFT AS LIVING QUARTERS AND HOUSEBARGE PROHIBITION AS CONTAINED IN NEW SECTION 940 AS ADDED BY THIS ORDINANCE; C-1 RESTRICTED COMMERCIAL DISTRICT, CONDITIONAL PRINCIPAL USES, TO ALLOW TEMPORARY OCCUPANCY OF OR PRIVATE PLEASURE CRAFT (EXCEPT IN THE LITTLE RIVER CANAL); C-2 LIBERAL COMMERCIAL DISTRICT, PERMITTED PRINCIPAL USES, TO ALLOW TEMPORARY OCCUPANCY OF PRIVATE PLEASURE CRAFT AS LIVING QUARTERS; ARTICLE 6 SD SPECIAL DISTRICTS, SECTION 604 SD-4 WATERFRONT INDUSTRIAL DISTRICT, CONDITIONAL ACCESSORY USES, TO PERMIT OCCUPANCY OF PRIVATE PLEASURE CRAFT AS LIVING QUARTERS; SUBSECTION 904.3 EXCLUSION OF SPECIFIC USES, TO CLARIFY THAT HOUSEBARGES ARE PROHIBITED AND OCCUPANCY OF PRIVATE PLEASURE CRAFT AS LIVING QUARTERS IN ALL RESIDENTIAL_ DISTRICTS IS PROHIBITED AND ADDING AN EXCEPTION IN NEW SECTION 940, ENTITLED "OCCUPANCY OF PRIVATE PLEASURE CRAFT AS LIVING QUARTERS IN RESIDENTIAL DISTRICTS AND HOUSEBARGE EXCEPTION", TO PROVIDE FOR GRANDFATHERING CERTAIN PRIVATE PLEASURE CRAFT AND HOUSEBARGES IN ATTACHMENT A; PROVIDING FOR PERMITS, INSPECTION, NAVIGATIONAL CLEARANCE, SIZE OF VESSELS AND HOUSEBARGES AND ENFORCEMENT; PROVIDING DEFINITIONS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of July 25, 1991, was taken up for its second and final reading by title and adoption. On motion of Commissioner Alonso, seconded by Commissioner De Yurre, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 249 October 24, 1991 THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10932,. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mayor Suarez: PZ-12. Mr. Shih, where are we, sir? We want that project so badly. Mr. Crespo: Mr. Mayor, and members of the Commission, on behalf of all the houseboat owners, we'd like to say we've enjoyed this participation in democracy. We hope we never see you again. Mayor Suarez: No, don't exaggerate! Mr. Crespo: I want to make a per... Mayor Suarez: That's a flat out liel Mr. Crespo: I want to make a personal invitation to all the members of the City Commission. I own the only electric chair south of Raiford. It's on my houseboat. If any of you at any time would like to come by... Mayor Suarez: Can we send anybody for... Mr. Crespo: And take your picture... Mayor Suarez: Can we refer people? Commissioner Alonso: It works? Mr. Crespo: Yes. And have your picture taken in my electric chair... Commissioner Alonso: I take the first right to send whoever I make the decision to send. Mayor Suarez: Make special referrals, right? All right. Mr. Crespo: You can hang the photograph on your wall and show just what life Is like on the City Commission. Mayor Suarez: All right, sir. Vice Mayor Plummer: As a funeral director, it might be a conflict of interest. Commissioner Alonso: He can't. Mr. Crespo: Goodbye. Commissioner Alonso: Bye bye. Vice Mayor Plummer: See you next month. 250 October 24, 1991 M Mayor Suarez: Don't even think it. 33. CHINATOWN PROJECT (1801-1859 BISCAYNE BOULEVARD): AMEND RESOLUTION 91-92 (WHICH HAD GRANTED A VARIANCE FROM 9500) - ELIMINATE APPLICANT'S POSTING OF PERFORMANCE BOND OR LETTER OF CREDIT TO GUARANTEE COMMENCEMENT OF PROJECT - CITY TO ACCEPT POSITION OF MORTGAGEE IN TWO OF APPLICANT'S PROPERTIES - EXTEND DATE OF COMMENCEMENT OF PHASE II - WAIVE REQUIREMENT THAT MORTGAGEES JOIN IN COVENANT REQUIRED OF APPLICANT - REQUEST CITY ATTORNEY AND CITY MANAGER TO ASCERTAIN CITY'S ALTERNATE EQUITY POSITION. ------------------------------------------------•------------------------------ Mayor Suarez: Where are we, counselor? Gary Brown, Esq.: Mr. Mayor, Gary Brown, 11077 Biscayne Boulevard, representing Miami Chinese Community Center, Ltd. Commissioner Dawkins: Second. Commissioner Alonso: What's his name? Vice Mayor Plummer: Have you registered? Mr. Brown: Gary Brown. Yes, I am registered, thank you, Mr. Vice Mayor. Mayor Suarez: And you've not been sworn in, but I'm not sure that we need to swear you in. What are you going to tell us? Commissioner Alonso: He's been sworn forever. Mr. Brown: Well, first I'd like to tell you if my voice fades, it's because I'm suffering from the flu this evening and it's getting a little late. Miriam Maer, Esq.: I think he should be sworn ir. Vice Mayor Plummer: You should be sworn in. Mayor Suarez: We do have to swear you in. All right. Not as to the flu, but as to everything else, would you swear him in, Madam City Clerk. Vice Mayor Plummer: And anyone else that's goi,ig to testify because there is somebody else here. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mayor Suarez: You seriously want us to eliminate the requirement of a $250,000 bond. Mr. Brown: What we're asking for at this point in the development of this project is that the City accept a mortgage on Mr. Shih's property on the City 251 October 24, 1991 block that he has acquired so that he can commence construction on this project. Mayor Suarez: A mortgage in lieu of the bond, is that the idea? Mr. Brown: In lieu of the performance bond. Mayor Suarez: How clean is the property otherwise as far as title? Clear? Mr. Brown: When you say, clear, it is marketable. It is encumbered by additional mortgages, I believe, that staff... Commissioner Alonso: No, he means number of mortgages. Mayor Suarez: Yes, I mean like... Mr. Brown: Staff has been provided, I believe, with an appraisal... Vice Mayor Plummer: Well, wait a minute. You're saying a number of mortgages? Mr. Brown: Yes, Mr. Shih acquired, we call it a City block although he's missing one portion of it. Mayor Suarez: How many mortgages, just out of curiosity? Ms. Maer: Five. Mr. Brown: There are five mortgages. Mayor Suarez: Five mortgages. Mr. Brown: Because he acquired the property at four different times. Not... Vice Mayor Plummer: No, sir, that's not my point. You're offering a condominium in lieu of? -no. Commissioner Alonso: He changed that from last... Mr. Sergio Rodriguez: That's gone. That was in New York, now this is Miami. Ms. Maer: That's out, this is Miami. Commissioner Alonso: That was last Commission meeting. Vice Mayor Plummer: Well, nobody has brought me up-to-date then. What are we being offered in the form of - in lieu of? Mr. Rodriguez: That's what he's mentioning. He's offering the properties he has in Biscayne Boulevard in which we have mortg�.ges. Vice Mayor Plummer: Which he has mortgages. OK. Mr. Rodriguez: Right, and... 252 October 24, 1991 Mayor Suarez: In lieu of a bond. Mr. Rodriguez: ...and offer us second mortgage, and third mortgage. Vice Mayor Plummer: Well, this one here says no less than second. Mr. Rodriguez: Well, that's where he was started. But he's changing. Commissioner Alonso: Why can't you get a performance bond? Mr. Brown: The reason for the end... Mayor Suarez: Yes, with the same mortgage that you would give us, why can't you just go out and get a performance... Mr. Brown: That's exactly it. Mr. Shih has attempted to obtain a performance bond by using the collateral of his property... Mayor Suarez: Right. Mr. Brown: ...and also using the collateral of his New York property, which has been on the table also. Due to the current lending climate, he is unable to obtain that with this. Mayor Suarez: How long do you want this for? -assuming that we believe everything else? Vice Mayor Plummer: Three years. Mr. Brown: Well, the term of the performance bond, pursuant to the resolution passed in January... Mayor Suarez: To that prior resolution was? Mr. Brown: Was three years from the date of the passage of the resolution. Mayor Suarez: And how long would you anticipate that we would have to wait to see if, in fact, you are going to build anything on that site at all? Mr. Brown: Well, I believe that... and I've asked, I don't know if the City Attorney has the answer yet, what the timeframe dill be for pulling permits if the modification that we're requesting tonight is permitted. I don't know if they've had an opportunity. Mayor Suarez: Well, that's the minimum time that the City Attorney is going to give you. What is the maximum time that we're going to have to wait to see if you're actually going to do something there? Mr. Brown: Maximum time. I believe they'll be caving... Mayor Suarez: I mean, Vice Mayor Plummer, among others, says a lot of times very wisely, you know, we should put a limit on concessions that we give with the anticipation that you're going to build something there. Because we want K. 253 October 24, 1991 something to be built there. How long are we going to have to wait to see if this latest concession of many Mr. Shih that we would otherwise give you, is actually going to lead to... Mr. Brown: I haven't asked that question of my client. Perhaps he's prepared to answer it. Mayor Suarez: How long will we have to wait? -assuming we go along with everything you request today... Vice Mayor Plummer: When does the three years s•.'art running? Mayor Suarez: ...before we see the buildings that Commissioner Plummer, among other... I mean, Dawkins and I went all the way to the Far East to try to promote this kind of a... Vice Mayor Plummer: From the time he pulls a permit? Mr. Brown: With the Mayor and Commission's indulgence, Mr. Shih does speak English, but it is necessary that I repeat things to him slowly so that I'm sure he understands the question. Mayor Suarez: ' And, ma'am, in the meantime, if you would come up to the mike so we may know who you are and what your position on all of this is. Ms. Louise Yarbrough: My name is Louise Yarbrough, I'm executive director for Dade Heritage Trust, which is a historic preservation organization. Mayor Suarez: Ah. Ms. Yarbrough: We have spoken before on our concern about the two buildings that are incorporated in this project, the Brazil and the Algonquin apartments. Both are on the National Register of Historic Sites, and have been since 1989. And both have been locally designated. We are concerned as well with the funding, or lack thereof, of this project to proceed... Mayor Suarez: Sure. Ms. Yarbrough: ...and our understanding was that these two buildings were to be incorporated in this project as... Mayor Suarez: What's the latest on that, counselor, if you know? Are they going to, in fact, be incorporated or are they going to... is it your idea to try to demolish, etcetera? Mr. Brown: The only structure that remains pursuant to the present plans is a tower on the northeast portion of the property. And I don't know whether that comprises... Mayor Suarez: How do we know that you're not going to go busy yourself demolishing everything that is, in fact, in the National Register of Historic Sites, and then not build anything? 254 October 24, 1991 ROOM-- - - -- Mr. Brown: Mr. Mayor, I don't know how to respond to that. How can I assure anybody that any builder is going to build anything after commencing demolition and foundation for... Vice Mayor Plummer: If we put a price tag on it, you'll assure us, believe me. Mr. Brown: Well, you'll also be receiving the price tag that Mr. Shih is able to give the Commission is a mortgage for the amount that he has promised to pay if he doesn't do it. _ x Mayor Suarez: But that only is to assure us as to the parking that he ultimately must build for the succeeding phases, not as to tearing down existing buildings that may have some historic value. Vice Mayor Plummer: How long before Mr. Shih anticipates pulling permits? Mayor Suarez: Yes, what is the answer to that other question which is relevant to her concern too? Mr. Brown: Well, I think... the question I asked Mr. Shih is, what is the longest period of time that he has in mind that he will start and get into this project to build it? He's given me the answer of one year. I think he's examined it in his own mind. He has five mortgages. The meter is ticking on this property. He has very little revenue. He needs to get in the ground on this project. Mayor Suarez: What is the status on the legal historic designation issue? I mean, she's talking about the National Register, but what about our own? Mr. Rodriguez: My understanding is that in relation to ours, he will be grandfathered the designation of the tower only while he has the permit. He can demolish everything... Mayor Suarez: Have we designated the two buildings that she referred to historic under our ordinance or not? Mr. Rodriguez: Well, the reason why this is so is because we have in the variance, we have protected his rights to demolish everything else, except for the tower. If that is not exercised, then the designation that we have on the property will apply to the whole property. Commissioner Dawkins: You mean the whole ?roperty will be designated historic? Mr. Rodriguez: The whole property has been designated historic already, except, because he has already an action takes, by this Commission in which only the tower was preserved, that right is preserved. Commissioner Dawkins: Well, what happened to that... Mr. Rodriguez: The buildings. 255 October 24, 1991 Commissioner Dawkins: ...feeling we had where if a person owned a piece of property and did not want it declared historic, that you could not declare it historic. What happened to that? Mr. Rodriguez: That's precisely what you all agreed not to do. Commissioner Dawkins: We agreed not to do it? Mr. Rodriguez: Right. Commissioner Dawkins: When? Mr. Rodriguez: This year, last year. Vice Mayor Plummer: When we turned it over to Dade County. Commissioner Dawkins: I mean on all property? Mr. Rodriguez: Because of the.... yes. Commissioner Dawkins: And I voted on that? Mayor Suarez: Well, we just agreed not to say it because the County... Mr. Rodriguez: It was part of a settlement that we had... Commissioner Dawkins: Beg your pardon? Mr. Rodriguez: It was part of a settlement that we have discussing with Dade County in relation to elimination of the owner consent agreement that we had in... Commissioner Dawkins: And who went to the County and agreed to that? Vice Mayor Plummer: They came here. Mr. Rodriguez: They came here before you, Commissioner. A lawyer came twice, and there was action by this Commission... Commissioner Dawkins: Well I voted no, I know. Mayor Suarez: Yes. Mr. Assistant City Manager, what comfort, if any, can we give to... ma'am, what's your name? Ms. Yarbrough: Louise Yarbrough. Mayor Suarez: Yarbrough, Ms. Yarbrough, on the issue of the historic preservation of this. What comfort can we give her that by agreeing today to whatever action is before us, which is somewhat confusing, there's a resolution on it, modification of a prior resolution, that they won't just simply go out and tear down these structures that may have some historic value - I'm not admitting that - without them baiiding anything of any great value monetarily or otherwise. 256 October 24, 1991 Mr. Rodriguez: If you were to impose an additional condition, I guess. Mayor Suarez: We could impose an additional... OK, let me ask you a question. On the other hand, what value are you bringing into this? -other than the fact that you think, and the National Register thinks, that these are, in fact, worth preserving? Because I've got a very very highfalutin memo from our own staff on the great tax and other kinds of benefits attaching to historic designation, except that no one has come up with any money, I don't think, to help them to rehabilitate these buildings, keeping their historic character - in this particular case - unless you've got something in mind? Ms. Yarbrough: I have written recently letters to Mr. Shih. Tonight is the first opportunity that I've had to actually speak to him and to speak to his attorney. We would like to be able to sit down with him, and work to establish a group or a solution to our problem .and his problem to develop an economic viable project... Mayor Suarez: Which would allow the retention of those two structures. Ms. Yarbrough: Which would allow... Mayor Suarez: Would you be willing to meet with them at least? I mean, can we at least get you to agree to that, counselor? You can't lose anything by that. Ms. Yarbrough: He indicated tonight... Mr. Brown: We've already agreed to meet with them. Mayor Suarez: Weil, ma'am, you know, in the absence of any money that you could give us, we need to get that area developed and I just don't know what else we can do. Ms. Yarbrough: Well, I understand that, and that was the purpose of trying to establish this dialogue so that we can get a group and get some money in there, and have it, a solution... Mayor Suarez: At least we can facilitate that dialogue and be assured, Mr. Shih and your attorney, that we want you to deal with them to the extent possible. We're not making that a precondition, I can't imagine anybody... nobody is making any motions to make it a precondition, but listen to their arguments, see if they can help you financially to make it more viable. Maybe they can. Because we're not too sure about the viability of this project. We like you a lot, you seem like a very nice man, .and you've invested a lot of money, but, sir, we're pretty much at the end of our rope here. Commissioner Dawkins: May I ask a question? Mayor Suarez: Commissioner Dawkins. Commissioner Dawkins: Of somebody, anybody. I didn't know that we had set up here and agreed that if a person had a piece of property and he did not - he, she, or it - did not want to declare it historic, that it had to be declared. But what happens if a designated historic building is sitting where they want 257 October 24, 1991 C to put one of the peoplemovers? What do you no? I mean, is there such a thing as eminent domain and they go take it or do you just say that this is historic and we can't do nothing. Somebody over there tell me what the law is under those circumstances. Mr. Guillermo Olmedillo: Local designation is in the hands of the historic board now. Commissioner Dawkins: Local? Mr. Olmedillo: Local designation. That is from the City. That decision may be appealed to this Commission. However, ai'ter that, even after being designated, remember there's only a six month w,iiting period for the parties to come to an agreement. If there's no agreement after the six month period, then the owner may demolish the... Mr. Rodriguez: In addition to that... Commissioner Dawkins: So an owner can still demolish his property after six months if he want to? Mr. Rodriguez: Right. Mr. Olmedillo: That is correct, sir. Vice Mayor Plummer: That's correct. Commissioner Alonso: Yes. - Mr. Rodriguez: In the case though, Commissioner Dawkins, that you were asking, and the Peoplemover, for example, of a federally licensed or assisted project, that project would have to go to an additional review under Section 106 of the National Historic Preservation Act. That will require a complete review of the project of anything in which you're getting federal money. Commissioner Dawkins: But, coming back to where I think I am, and I hope I am. Everyone has a right to declare my property historic, OK? Then I have a right to... Mr. Rodriguez: Demolish it. Commissioner Dawkins: ...contest it. Mr. Olmedillo: To appeal it before this Commission. Mr. Rodriguez: To appeal it. Commissioner Dawkins: Then I appeal it to the C*ty Commission. Mr. Rodriguez: Right. Commissioner Dawkins: And at the end of six m.)nths, if the City Commission upholds me, I can push my building down. 258 October 24, 1991 Commissioner Dawkins: Huh? Mr. Rodriguez: At the end of... if the Commission were to approve the designation, at the end of six months, you can demolish. Commissioner Dawkins: OK, that's all I needed. Mayor Suarez: I'll entertain a motion on item PZ-12. Ma'am, one last statement. Yes, Ms. Yarbrough. Vice Mayor Plummer: Well, wait, whoa, whoa, let's get this clarified. Mayor Suarez: All right. Vice Mayor Plummer: All right, now... Mayor Suarez: I did recognize Ms. Yarbrough one last time if you don't mind, Mr. Vice Mayor. Just so she can complete her thought here. Vice Mayor Plummer: Surely, sir, go ahead. Ms. Yarbrough: I just want to emphasize that historic designation is not a penalty. It's a recognition of our heritage and of the pride that we should all have in where we live... Vice Mayor Plummer: Well, then there's no changes to this. Ms. Yarbrough: ...and it helps develop a sense of community because people can tie into where they live and where they came from. Vice Mayor Plummer: The agenda. There's no changes. Well, that's not what's before us. No, no, no, this is what I'm voting on. That's his problem. Ms. Yarbrough: And Miami desperately needs that. We have so many different groups and different peoples that need to be able to relate to Miami as their hometown. And it's very difficult when nobody can call anything home. And that's what part of historic designation does. It ties your heritage into your heart. Commissioner Dawkins: OK, I could relate to you and appreciate you if I had not seen urban removal remove all black peoples" homes and houses off of 2nd Avenue. I could relate to what you're saying if anybody had thought to make it historic when I-95 came through and moved all the black peoples' homes. I could even relate to you if I could think of the times that somebody would have said that a black home or black doctors,office was historic when they put up the rapid transit. But because none cf these things were declared historic there then, none of these others mean anything to me. And that's personal. Ms. Yarbrough: I can understand your concern ana it is my concern too. I was not in this area when these things were happening, and now that I'm here and part of the organization that I am part of, I feel very strongly that we are, 259 October 24, 1991 �rt you know, fighting tooth and nail to try to educate not only the governments and the individuals and the corporations, but ':he people that live in these neighborhoods, because these institutional boxes don't work. People need to have neighborhoods, they need to have the homes that they've lived in, and they need to be appreciated and it needs to be a revitalization of people, as well as the homes and the heritage that we share. Commissioner Dawkins: Well, you tell the Heritage Board I am ready to work with them, will get out onto the streets and campaign if we declare Watson Island historic so that my grandchildren and great grandchildren will know what open space look like. Ms. Yarbrough: You're on. Vice Mayor Plummer: Wait a minute, wait a minute. Now that you've brought that up, let me ask both you and the administration. Have you been over to see the Brown House recently? Ms. Yarbrough: Yes, sir. Vice Mayor Plummer: Have you seen the additional collapse of that house? Ms. Yarbrough: We have gone over and examined that, and the area that has collapsed was not part of the interior structure, and is not... Vice Mayor Plummer: When are you going to do something with it? Ms. Yarbrough: As a matter of fact, we have been talking to some park and site developers in the last two days, as a matter of fact. Vice Mayor Plummer: It's a disgrace. Ms. Yarbrough: I know it is, but it's also part of the history of this town now. Vice Mayor Plummer: It's not going to be history much longer because it keeps falling if you don't do something. Ms. Yarbrough: Well, we're... INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Vice Mayor Plummer: What? Mayor Suarez: Yes. Vice Mayor Plummer: That's history. Ms. Yarbrough: History is history. But, as I say, we have been working on it in the last... Vice Mayor Plummer: Fell on the bridge. Fell in the park. All right, let me get back to this here. Whereby N.E. 4th Avenue property cannot be sold separately. Is that correct? 260 October 24, 1991 Mr. Brown: On the agenda for this evening was clarification of the unity of title language. We would be willing to postpone that. There's plenty of time that the unity of title issue will create a problem for us once we discuss the next issue, which is the clarification on the covenant as to whether the joinder of each mortgage holder on the covenant will be required. If we are able to resolve that issue, then we are able to postpone the change in the unity of title language. That doesn't create a problem for us at this time. Eventually, we'll have to examine that prior to closing on the commercial units. - Vice Mayor Plummer: My understanding is that you cannot sell any of the parcels off. Is that correct? { Mr. Brown: That is correct. - Vice Mayor Plummer: OK. Number two, we will be in no less than second position on any of the mortgage. Mr. Brown: That is not correct. Vice Mayor Plummer: No, that's - excuse me... "...in lieu of said bond, a letter of credit requirement, the City be placed in a position no less than that of a second mortgagee with a respect to the Biscayne Boulevard property and the N.E. 4th Avenue property." Mr. Brown: Approximately 60 percent of the property is subject to a first and a second mortgage. The other 40 percent is sutject to three other mortgages independent of those first and seconds. Vice Mayor Plummer: Well, sir, we can only vote on what's before us. I'm reading from the agenda item. That the City cannot be placed in no less than a second mortgage position. Now, if you're changing that or you can't comply with that, then this matter has got to be deferred because that is a radical change from that which is published. Mr. Brown: We cannot comply with that. Mr. Shih... Vice Mayor Plummer: Well, if you can't, why did you agree to it in the be... Mr. Brown: Mr. Shih's request stated that he would place a mortgage on the property, not that it would be a second mortgage. Vice Mayor Plummer: Then I'm very sorry, but this, Mr.... is that not a significant change? Miriam Maer, Esq.: I believe that since this has been properly advertised as a modification of the resolution by which you granted the initial variance, that you can change the conditions attached to this variance at this time, because it's been properly advertised. The issue about the second mortgage arose because we were informed at a meeting with Mr. Shih with other representatives of his, without Mr. Gary Brown, that, in fact, we would be placed in the position of second mortgagee. Recently we were given copies of the mortgages, and we see that almost all of the lots in both of the parcels 261 October 24, 1991 are encumbered with a first and a second mortgage, only leaving, I think, out of a total of 13 or 14 lots, I believe there are four lots that are unencumbered by both a first and second mortgage. This was new information since the time that this package was put together. Vice Mayor Plummer: When did you receive that information? Ms. Maer: Tuesday night, was it? OK, we... Vice Mayor Plummer: Well, all I'm saying is that the public have agendas, and they see here on this agenda a position no less than a second mortgage. Now, we're being told that the ballgame is changed radically. I studied this position on what I had before me. Now, what are you telling me? Ms. Maer: I'm basically saying that at the tirne we did this, the deal was that we were going to be second mortgagees. Siice this was put together, he has come up with the additional information about the mortgages, and an additional request dated October 9th, I believe it is, where he was changing, proposing to change, certain other conditions in here. Vice Mayor Plummer: Wel1, 1et me ask this question in reverse, if I may. With the position that he is proffering that this City take, are we more than adequately protected that there is $250,000 equity? Mr. Brown: The equity analysis is different than the priority analysis. Mr. Shih has submitted an appraisal to staff that... Mayor Suarez: Can you give a simple answer to that? Mr. Brown: There's a million dollars of equity in the property over and above the mortgages according to the appraisal. Vice Mayor Plummer: Whose appraisal? Mr. Brown: The appraisal was... Vice Mayor Plummer: His or ours? f Ms. Maer: We have an October 10 letter from Mark Quinlan, an appraiser, in which he tells us that the estimated value of :he property is three million four. The existing mortgages, that he's been advised of, is two million four, with a difference being the equity of one million, twenty thousand, eight hundred dollars ($1,020,800). Vice Mayor Plummer: So my question to you, by virtue of what they are # proffering, is this City protected in equitable position to no less than the $250,000? That's, I think, what we're trying to accomplish. i i! Commissioner Dawkins: She say yes or no. Vice Mayor Plummer: I'm asking the question. I don't know. i! ?f Commissioner Dawkins: You asking... 262 October 24, 1991 Sf. Mayor Suarez: The administration, are we convinced that this gives us a fair level of protection? I mean, it's not a legal gUestion, it's... Mr. Rodriguez: If the information that have been provided to us is correct, we don't know. Vice Mayor Plummer: Well, you know, that doesn't tell me a damn thing! Commissioner Alonso: Appraisal or it's just a letter? Mr. Rodriguez: Well, Commissioner, this has been a moving target with this project. We have been working and meeting continuously over and over and it is a moving target, 1t changes every time. You know, I don't know, I don't know how much... Mayor Suarez: And you know... Mr. Rodriguez: I rely on this, I have to tell you this. Commissioner Alonso: Is this a formal appraisal or is just a letter informing us? _ Mayor Suarez: No, it's an appraisal. Mr. Rodriguez: It's a letter. Vice Mayor Plummer: It's a letter. Commissioner Alonso: And how are we going to know exactly that this is the price of the property? And also, how do we go. about making it good when we are in about 5th position? Vice Mayor Plummer: Hey, I want to protect the City. I want to protect the City. If we've got to defer it, you know... Mr. Brown: To clarify, a formal appraisal was submitted. Commissioner Dawkins: Since this is J.L. Plummer's last meeting, let's bear with him tonight. Vice Mayor Plummer: No, don't bear with me. I mean... Commissioner Dawkins: Yes, I mean you won't be yere. Vice Mayor Plummer: I want to try to protect th:: City... Commissioner Dawkins: But this is your last meeting. Vice Mayor Plummer: It's my last meeting? Commissioner Dawkins: Yes. You know, election next week. Vice Mayor Plummer: That means you're dropping dead in the morning? 263 October 24, 1991 L] Mr. Brown: Just to further clarify, the purpose of the performance bond is twofold. One is to assure the City that 80 parking spaces are built for this project prior to the issuance of a certificate of occupancy. The City still has control over this project to the extent that no certificate of occupancy will be issued pursuant to your previous resolution and to the owners covenant until those 80 spaces are built. The second purpose of the $250,000 collateral, is to assure, or attempt to assure the Commission that phase II of this project will be built and that additional, parking will be provided in phase I1. Vice Mayor Plummer: No, no, no, it's not an attempt, sir. It's not an attempt. It says, you shall or you forfeit. It's not an attempt, 1n any way, because that's one of my things that I have said to you from day one - not you, Mr. Shih. I have a problem of voting for something that I think is destined to failure. And I think this project, if built, 1s destined to failure. You cannot operate a 240 seat capacity restaurant with 80 parking spaces. It's got to go broke. But I'm willing to go along and try to do it. Commissioner De Yurre: We can always rent it later for office space for the City. Vice Mayor Plummer: Say what? Commissioner De Yurre: Use it for office space for the City. We'll bail it out. Vice Mayor Plummer: Yeah. j Mr. Brown: Rather than rehash the parking, I will say again that there is no —i certainty as to the use of the building. It may be retail, it may be office, _ it may be a restaurant. Mr. Shih's application was submitted on his anticipated use, which was restaurant for a portion. There is no certainty as to the amount of restaurant use, office, or store use. Vice Mayor Plummer: Sir, I'm only predicating my remarks on those of Mr. Shih to me. OK? Commissioner De Yurre: Mr. Mayor, are we going to have a motion or, you know...? Vice Mayor Plummer: Wel 1 , the moti on that I wLul d have to make i s both the City administration and the City Attorney's office would have to be satisfied and uarantee to this Commission that that which is proffered is in excess of the 1250,000. Mayor Suarez: We have to do it, I think, properly by a motion subject to that. In other words, a motion... Vice Mayor Plummer: Fine, sir. Mayor Suarez: ...of approval of the resolution or the modification of resolution subject to further review within the parameters that you have stated by City Attorney and City Manager. 264 October 24, 1991 C • Vice Mayor Plummer: And that, in fact, there will be quiet title given if; in fact, the performance is not according to the daises specified. Commissioner Dawkins: Second. Mayor Suarez: Moved and seconded. Mr. Brown: Is there any portion of the motion that concerns the clarification as to the joinder in the covenant by all of the mortgage holders? We need clarification on that point in order to proceed with the project. Vice Mayor Plummer: Answer the question. Ms. Maer: It was our recommendation, and strong recommendation in fact, that the mortgagees must join in the covenant and in the deed restrictions. Vice Mayor Plummer: Of course. Ms. Maer: Their position, as we were advised Tuesday afternoon when we saw the draft of the documents, is that the mortgagee would join for the sake of joining with a disclaimer in the event the mortgagees, in fact, took over the properties. In that case, they would not be subject to any of the conditions of the covenant. Commissioner Alonso: Oh, please. Mayor Suarez: They're not going to be subject to the conditions of the covenant. There's no way they're going to be subject to the conditions of the covenant. Mr. Brown: It's a legal impossibility for the mortgage holders in the pre.... Mayor Suarez: They're going to protect their interest to the hilt. They've got money there. Mr. Brown: In the present... Vice Mayor Plummer: And that's what I'm trying to do for us. Commissioner Alonso: ....we got nothing. This is an exercise in futility. Mr. Brown: In the present posture of the financing and of the project, it's impossible. Mayor Suarez: We have nothing over and above the interest of people who have lent money for this. Right. We have not done that. They're not going to assume that risk. There's no way. Mr. Brown: The covenant contains many promises relative to the development of the property. And I don't anticipate that a mortgage holder would agree to the promises that Mr. Shih has agreed to unto the City. Mayor Suarez: Yes, it's... 265 October 24, 1991 Commissioner Alonso: You know one thing that I cannot understand is, why he cannot get a performance bond? It's so difficult for me to understand why not. - Vice Mayor Plummer: I can tell you why, because he told me. Commissioner Alonso: Why? Vice Mayor Plummer: Simply because the five mortgage holders will not agree to a unity of title.: i Mayor Suarez: And the banks are skittish. Vice Mayor Plummer: Of course. Mayor Suarez: One answer to your prior question though, that concern the two of you. If, in fact, they were swept out, and the mortgagees first, second, third, fourth, took that property, I guarantee you - because logically it would happen - that they're not going to build this project there. So none of these conditions would apply. And we could go back and rezone the property. I mean, we don't owe the mortgagees any stability on any of these covenants. Vice Mayor Plummer: But am I confused in saying that using your terminology, he is swept out? He the bond. Mayor Suarez: If he's swept out, we have no guarantee that he would fulfill... if the new title holder, let's say, it was sold at the Courthouse, somebody new buys it... Vice Mayor Plummer: So then, how can we do it without the mortgagees... Mayor Suarez: We would then begin rezoning the property back and requiring all these things. And I think we could probably get away with it. Vice Mayor Plummer: And you got one hell of a lawsuit on your hands. Ms. Maer: Excuse me, let me just remind you, this was a variance that was granted for him, and the variance will run with the land. So when the mortgagees come in, under this scenario, the mortgagees get the property benefited by the variance and subject to none of the conditions. It wasn't a matter of a rezoning. Mayor Suarez: Yes, I think though that we... Mr. Brown: There is no benefit to any mortgagee. Four people have mortgages on different pieces of this City block. There is no benefit. They're not going to... Mayor Suarez: The project would never be built in accordance with what we've tried to require him to do. I don't know if they could take advantage of any of this. My guess, but I mean I'm just guessing. Vice Mayor Plummer: Well, Mr. Mayor, my motion is still the same, that they must demonstrate to the City administration and fity Attorney... 266 October 24, 1991 Mayor Suarez: All right, so you're... 1 { Vice Mayor Plummer: ...that there is equity in excess of $250,000. j Mayor Suarez: We're delegating that determination. We're approving subject to that determination being made by the City Attorney and City Manager. Vice Mayor Plummer: That's right and if they... Mayor Suarez: So moved. Commissioner Dawkins: Second. Mayor Suarez: Seconded. Vice Mayor Plummer: ...if they don't find the comfort, then it's not approved. Ms. Maer: What about the issue of the joinder of the mortgagees? Mayor Suarez: That's not part of the motion. I've not heard that. Vice Mayor Plummer: What is the condition? Mayor Suarez: The one you just gave. Vice Mayor Plummer: The condition is that you must find that there is an equitable position in behalf of the City in excess of $250,000. Mayor Suarez: So moved and seconded. - Vice Mayor Plummer: To apply towards resolution.91-92. _ Mayor Suarez: I'm pretty close to feeling the same way. - Vice Mayor Plummer: How is that? Mayor Suarez: Commissioner Alonso, I think, is going to vote that this is just not going to happen, Mr. Shih... Vice Mayor Plummer: Oh, I agree with you. - Mayor Suarez: ...but I'm going to give you one more vote. I think I said that last time, so I guess I'm contradicting myself. But I think this time I really mean it. All right? Commissioner Alonso: I do too. Mayor Suarez: Call the roll. Mr. Rodriguez: Commissioner, Mr. Mayor, I'm sorry, but I don't understand exactly what happens to the other conditions that you have left unresolved? 267 October 24, 1991 Vice Mayor Plummer: There are no other conditions? Mr. Rodriguez: Oh, yes. Commissioner Alonso: The unity of title? Vice Mayor Plummer: What are the other conditions? Mr. Rodriguez: Well, you have to change... for one thing, you have to change the covenant requirement. You have to change the variance. There was a covenant attached to this. Vice Mayor Plummer: We're not speaking to that. That's not in this item here. Mr. Rodriguez: Oh, yes, it is. Ms. Maer: That's all part of this same thing. The covenant, the performance bond... Mayor Suarez: We're changing the covenant. That's what the resolution calls for. With the proviso from his motion that, in fact, there be under your determination, the City Attorney's determination, subject to your discretion enough equity to guarantee the $250,000 mortgage. Mr. Rodriguez: And the unity of title? Ms. Maer: You still want a unity of title, or no unity of title? Mayor Suarez: In all other respects, we're approving what they've requested. Commissioner Alonso: Unity of title, yes, we do. Vice Mayor Plummer: Of course, unity of title. Ms. Maer: You stilt want a unity of title. Commissioner Alonso: We want it. Mr. Rodriguez: They cannot... they don't want ti do it. Ms. Maer: And they can't deliver a unity of title. Mr. Brown: We can deliver unity of title... Mr. Rodriguez: You cannot. Mr. Brown: ...if we deal with the problem of the joinder of the mortgagees at this point. Mr. Shih is willing to leave the language of the unity of title intact that he will not convey any portion of this property separate from the other. He will make that promise... Ms. Maer: But we need that covenant... 268 October 24, 1991 E Mayor Suarez: Yes, what else is the concern about unity of title other than that? Ms. Maer: We need that covenant joined by the mortgagees, and they won't sign it. Mayor Suarez: We just went over that discussion, and no one has made a motion that requires that. Ms. Maer: No, what it is is that our covenant... Mayor Suarez: They don't think they can get that. We're killing the project is what they're telling us. Ms. Maer: I just wanted to make sure that I understand this when we sit down to draft the resolution, because ordinarily, in every other instance, the covenant is signed by the property owners and all mortgagees join in it. Mr. Rodriguez: Right. Yes. Ms. Maer: This will be the first one that doesn't have the mortgagees joining 1n it. Mr. Rodriguez: You have to tell us. Ms. Maer: If that is the change, I just need to make sure. Mr. Rodriguez: You have to let us know. Mayor Suarez: We went through that discussion. I don't see the practical difference, but I understand if my Commissioners are concerned enough to not want to vote. But, yes, we would be going along with your request, that's the way I understand the motion. I don't know any other way that you can do this. All right? Commissioner Alonso: Anything else? Vice Mayor Plummer: Well, I hope you understand, we are putting the monkey on your back. Commissioner Alonso: Yes. Mayor Suarez: On the issue of the equity. Vice Mayor Plummer: That there is a sufficient equity of $250,000 or more, and if you don't approve it as being guaranteed to this Commission, then the motion is denied. Mayor Suarez: You have put on the record, and Commissioner Dawkins just whispered in my ear, of a very crucial aspect of our consideration of this. You put in the record that you expected to begin building within a year. Mr. Assistant City Manager, can we have this triggered to come back to us within 6 months if they haven't, in fact, begun? 269 October 24, 1991 • Mr. Rodriguez: As a matter of fact, I think that as part of the requirements, they have to start within 6 months, or this is dead. Mayor Suarez: All right. I just want to make sure, because, otherwise, we're ready to undo all of what we presumably we will have done by this vote, if you haven't begun constructing. We have a certain amount of faith in you, but it's a lot less than it used to be. Call the roll. Vice Mayor Plummer: Well, understand, I will, if the administration and the City Attorney, do, in fact, find that comfort that they will, by writing, demonstrate to us that comfort which they found and based their approval on. Mayor Suarez: OK, put it in writing. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 91-779 A RESOLUTION WITH ATTACHMENT CONCERNING THE CHINATOWN PROJECT, LOCATED AT 1801-1859 BISCAYNE BOULEVARD, MIAMI, FLORIDA, AMENDING RESOLUTION NO. 91-92, ADOPTED JANUARY 24, 1991, WHICH HAD GRANTED A VARIANCE FROM ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY ELIMINATING THE REQUIREMENT THAT THE APPLICANT POST A PERFORMANCE BOND OR LETTER OF CREDIT IN THE AMOUNT OF $250,000.00 VALID FOR A PERIOD OF THREE YEARS FOLLOWING THE DATE OF THE ADOPTION OF RESOLUTION NO. 91-92 TO GUARANTEE THAT THE REQUIRED PARKING BE PROVIDED AND THAT THE CONSTRUCTION OF THE SECOND PHASE OF THE APPLICANT'S PROJECT WILL BE COMMENCED; FURTHER BY ACCEPTING IN LIEU OF SAID BOND/LETTER OF CREDIT REQUIREMENT THAT THE CITY BE PLACED IN A POSITION OF MORTGAGEE WITH RESPECT TO BOTH THE BISCAYNE BOULEVARD PROPERTY AND THE NORTHEAST 4TH AVENUE PROPERTY; FURTHER BY CHANGING THE REQUIRED DATE BY WHICH CONSTRUCTION OF PHASE II SHALL BE COMMENCED FROM THREE YEARS FOLLOWING THE DATE OF ADOPTION OF RESOLUTION NO. 91-92 TO THREE YEARS FOLLOWING THE DATE OF ISSUANCE OF A FINAL CERTIFICATE OF OCCUPANCY FOR THE FIRST PHASE OF THE PROJECT; FURTHER BY WAIVING THE REQUIREMENT THAT ALL MORTGAGEES JOIN IN THE COVENANT REQUIRED OF THE APPLICANT; FURTHER CONDITIONED UPON THE CITY ADMINISTRATION AND THE: CITY ATTORNEY PROVIDING ASSURANCES TO THE CITY COMMISSION THAT, BY BEING PLACED IN SAID POSITION OF MORTGAGEE, THE CITY IS GUARANTEED AN EQUITY IN EXCESS OF $250,000. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: 270 October 24, 1991 rib ai sA- at y 4;e ° � E � P� AYES: Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre. [NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES CONSIDERATION OF PLANNING AND ZONING ITEMS TO CONSIDER REGULAR NON -AGENDA ITEMS.] ------------------------------------------------------------------------------ 34. STRONGLY URGE GOVERNOR LAWTON CHILES NOT TO CUT FUNDS FOR EDUCATION. ------------------------------------------------------------------------------ Vice Mayor Plummer: Mr. Mayor, I don't think this Commission should adjourn this evening without forming a resolution in the strongest of terms to the Governor of the State of Florida in reference to the funding for education of all Florida, but in particular, that which is respective to the Dade County. It is devastating... Mayor Suarez: With wording to be worked out by administration... Vice Mayor Plummer: That's fine. Mayor Suarez: ...subject to our approval. I think that, as a general matter, general principle, I have no problem with it. Vice Mayor Plummer: I think we have got to go on record to demonstrate our very deep concern about what is about or could happen... Mayor Suarez: So moved. Vice Mayor Plummer: ...to the education of our youngsters. Mayor Suarez: Call the roll. I happened to make a statement on that publicly today, so I feel exactly the same as you. Vice Mayor Plummer: OK. You moved it? Mayor Suarez: Yes. Vice Mayor Plummer: I second. Mayor Suarez: He seconded it, and you moved it. Call the roll, madam City Clerk. 271 October 24, 1991 The following resolution was introduced by,Commissioner Plummer, who moved its adoption: RESOLUTION NO. 91-780 A RESOLUTION OF THE MIAMI CITY COMMISSION REQUESTING GOVERNOR LAWTON CHILES AND ALL MEMBERS OF THE STATE LEGISLATURE TO RECONSIDER THEIR PROPOSED BUDGET CUTS WHICH, IF ADOPTED, WOULD DEEPLY AND ADVERSELY AFFECT THE EDUCATION OF ALL CHILDREN IN FLORIDA AND IN PARTICULAR THOSE CHILDREN LIVING IN DADE COUNTY, AND RECOMMENDING THAT ADEQUATE FUNDING BE IMMEDIATELY APPROPRIATED SO THAT THE EDUCATIONAL NEEDS OF THE CHILDREN OF FLORIDA AND PARTICULARLY IN DADE COUNTY, ARE SATISFIED; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN NAMED INDIVIDUALS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre --------------------------------------------------- -------- -------------------- 35. (Continued Discussion) SET TIME FOR DECEMBER 5TH COMMISSION MEETINGS - REGULAR SESSION TO START AT 9:00 A.M. AND PLANNING & ZONING TO START AT 2:00 P.M. Mayor Suarez: Mr. Assistant City Manager, yes, sir. Vice Mayor Plummer: And you're right, this is my last meeting, because Saturday night I'm winning the lotto and the hell with youl Mr. Sergio Rodriguez: In relation to the meeting in December, could you please put on the record that the first meeting will be at 9:00 o'clock, and the second meeting... Mayor Suarez: Yes, the December 5th meeting will be at 9:00 a.m. as to regular items, and at 2:00 p.m. as to planning and zoning. 272 October 24, 1991 Vice Mayor Plummer: Well, that's the same for November, right? Mr. Rodriguez: Five p.m. I think we have a few items, so let's try 5:00 p.m. Mayor Suarez: Just like you said today, ah, it's just a few items. Let's start at 2:00. It's 9:18. Mr. Rodriguez: We have very few items. Commissioner Alonso: And we are going to have only one meeting in December. Mr. Rodriguez: You hunt to have it 2:00 p.m., 2:00 p.m., you know. Commissioner Alonso: OK, that's it. Mayor Suarez: Yes, I think we go with that. All right, thank you. We're adjourned. Unidentified Speaker: Thank you. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 9:19 P.M. ATTEST: Matty Hi rai CITY CLERK Walter J. Foeman ASSISTANT CITY CLERK Xavier L. Suarez MAYOR * INCURP IRATEI) IB�96 4. Q yF���` 273 October 24, 1991