HomeMy WebLinkAboutCC 1991-09-26 Minutes* INCORP�iPIt:\TE1)
18 96
OF MEETING HELD ON SPETRMBER 26, 1991
PLANNI14G & ZONING
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
:tea
INDEX
MINUTES OF REGULAR MEETING
SEPTEMBER 26, 1991
ITEM SUBJECT
NO.
LEGISLATION PAGE
NO.
1. PRESENTATIONS, PROCLAMATIONS AND DISCUSSION
SPECIAL ITEMS 9126/91
(A) PROCLAMATION: UNITED WAY LOANED
EXECUTIVE ASSOCIATION DAY.
(B) PROCLAMATION: MINORITY ENTERPRISE
DEVELOPMENT WEEK - RECOGNIZING MIAMI
CAPITAL DEVELOPMENT, INC., FOR 1TS
CONTRIBUTION TO DEVELOPMENT OF MINORITY
ENTERPRISES.
(C) COMMENDATIONS: MOST OUTSTANDING
OFFICER OF THE MONTH - ERIC CAMIL
(JULY), OSCAR BAEZ AND JOSE FERNANDEZ
(AUGUST).
2. AUTHORIZE MANAGER TO RE -ADVERTISE FOR R 91-673
PROFESSIONAL SERVICES FOR THE DESIGN, 9/26/91
PREPARATION OF CONSTRUCTION DOCUMENTS,
AND CONSTRUCTION ADMINISTRATION OF AN
OLYMPIC POOL COMPLEX FOR CHARLES HADLEY
PARK.
3. CLAIM SETTLEMENT: JOSE R. DOMINGUEZ, AS
R 91-674
PERSONAL REPRESENTATIVE OF MODESTA
9/26/91
DOMINGUEZ ESTATE ($200,000).
4. (A) CONFIRM APPOINTMENT OF INDIVIDUAL
R 91-675
TO OFF-STREET PARKING BOARD (Confirmed
9/26/91
was: Olivia Peart) (See label 6B)
(B) COMMISSIONER DAWKINS REQUESTS
DISCUSSION AT NOVEMBER COMMISSION
MEETING CONCERNING METHODOLOGY FOR
SELECTION OF OFF-STREET PARKING BOARD
DIRECTOR.
1-2
2-4
Cm"
5.
INSTRUCT ADMINISTRATION TO PROCEED WITH
M 91-676 7-9
THE DEVELOPMENT OF THE SOUTHEAST END
9/26/91
PORTION OF BAYFRONT PARK UTILIZING
MONIES PREVIOUSLY ALLOCATED BY THE
STATE OF FLORIDA - INFORM THE STATE
THAT AGREEMENT HAS BEEN REACHED BETWEEN
REPRESENTATIVES OF THE ESTATE OF ISAMO
NOGUCHI AND THE CITY CONCERNING PAYMENT
OF A CERTAIN FEE.
6.
(A) DISCUSSION CONCERNING STATUS OF THE
M 91-677 10-14
DINNER KEY BOATYARD ISSUE - SET OCTOBER
9/26/91
7TH AS DEADLINE FOR SUBMITTAL TO THE
CITY OF AN ACCEPTABLE REORGANIZATION
PLAN BY ALL AFFECTED PARTIES -
AUTHORIZE COMMENCEMENT OF PROCESS TO
EVICT PARTIES CONCERNED - DIRECT CITY
ATTORNEY TO PETITION BANKRUPTCY COURT -
DIRECT ADMINISTRATION TO NEGOTIATE WITH
EXISTING TENANTS TO MOVE VOLUNTARILY -
ALLOW THE CITY TO RUN THE FACILITY IN
THE INTERIM.
(B) COMMISSIONER DAWKINS INTRODUCES
OLIVIA PEART, NEW APPOINTEE TO THE OFF-
STREET PARKING BOARD (See label 4A).
7.
DISCUSSION CONCERNING FUTURE USE OF THE
R 91-678 14-31
NAVAL RESERVE CENTER - DIRECT MANAGER
9/26/91
TO WORK WITH COCONUT GROVE COMMUNITY
AND PROVIDERS OF SERVICES TO THE
HOMELESS TO IDENTIFY SUITABLE
ALTERNATIVE SITES - AUTHORIZE FILING OF
APPLICATION TO ACQUIRE THE NAVAL
RESERVE PROPERTY (2610 TIGERTAIL
AVENUE) FOR A COMMUNITY -BASED EDUCATION
FACILITY. (Note: This item was later
reconsidered and ultimately passed and
adopted - see label 20).
8.
REFER TO CODESIGNATION REVIEW
M 91-679 31-32
COMMITTEE, WITH FAVORABLE
9/26/91
RECOMMENDATION FROM THE COMMISSION, THE
POSSIBILITY OF IDENTIFYING THE STREET
ADJACENT TO THE SQUARE BEHIND THE
COURTHOUSE AND FLORIDA BAR BUILDING IN
HONOR OF FORMER CHIEF DEPUTY CITY
ATTORNEY ROBERT F. CLARK.
0
0
9.
WAIVE CITY CODE PROHIBITION (SECTION 2-
R 91-680 32-34
302) AS IT APPLIES TO ARSENIO MILIAN
9/26/91
(PRESENTLY SERVING ON THE ZONING BOARD)
RELATING TO HIS TEMPORARY EMPLOYMENT
WITH CH2M HILL SOUTHEAST, INC.,
ASSISTING THE CITY IN PREPARATION OF
NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES) PERMIT
APPLICATION FOR SUBMITTAL TO U.S.
ENVIRONMENTAL PROTECTION AGENCY (EPA).
10.
COMMISSIONER DAWKINS PROTESTS ABOUT THE
DISCUSSION 34-35
TIMING ASSIGNED TO DIFFERENT SECTIONS
9/26/91
OF TODAY'S AGENDA.
11.
SECOND READING ORDINANCE: AMEND 11000
ORDINANCE 35-36
ATLAS - CHANGE DESIGNATION AT 31
10915
TAMIAMI CANAL ROAD FROM R-1 SINGLE
9/26/91
FAMILY RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL (Applicant: Planning,
Building & Zoning Dept.).
12.
SECOND READING ORDINANCE: AMEND 11000
ORDINANCE 37-38
ATLAS - CHANGE DESIGNATION AT 1820-2010
10916
S.W. 17 AVENUE AND 1700-1753 S.W. 19
9/26/91
STREET (BOTH SIDES) FROM R-2 TWO FAMILY
RESIDENTIAL TO R-3 MEDIUM DENSITY
MULTI -FAMILY RESIDENTIAL AND G/I
GOVERNMENT AND INSTITUTIONAL
(Applicant: Planning, Building &
Zoning Dept.).
13.
SECOND READING ORDINANCE: AMEND 10544
ORDINANCE 38-39
(MCNP) FUTURE LAND USE MAP - CHANGE
10917
LAND USE DESIGNATION FOR AREA BOUNDED
9/26/91
BY N.W. 10 AND 11 STREETS, BETWEEN I-95
RIGHT-OF-WAY (R-O-W) AND N.W. 4 COURT
FROM MEDIUM DENSITY MULTI -FAMILY
RESIDENTIAL TO MAJOR PUBLIC FACILITIES,
TRANSPORTATION AND UTILITIES
(Applicant: Planning, Building &
Zoning Dept.).
14.
SECOND READING ORDINANCE: AMEND 11000
ORDINANCE 39-41
ATLAS - CHANGE DESIGNATION OF AREA
10918
BOUNDED BY N.W. 10 AND 11 STREETS
9/26/91
BETWEEN I-95 RIGHT-OF-WAY (R-O-W) AND
N.W. 4 COURT FROM R-3 MEDIUM DENSITY
MULTI -FAMILY RESIDENTIAL TO G/I
GOVERNMENT AND INSTITUTIONAL
(Applicant: Planning, Building &
Zoning Dept.).
W
0
15. FIRST READING ORDINANCE: AMEND 10544
(MCNP) FUTURE LAND USE MAP - CHANGE
LAND USE DESIGNATION AT 283 N.W. 35
STREET FROM MEDIUM DENSITY MULTI -FAMILY
RESIDENTIAL TO GENERAL COMMERCIAL
(Owner/Applicant: Robert McCanna
Reilly, Trustee for Robert McCanna
Reilly and Mary Sabot Reilly Trust).
16. FIRST READING ORDINANCE: AMEND 11000
ATLAS - CHANGE DESIGNATION AT 283 N.W.
35 STREET FROM R-3 MULTIFAMILY MEDIUM
DENSITY RESIDENTIAL WITH AN SD-12
SPECIAL BUFFER OVERLAY DISTRICT TO C-2
LIBERAL COMMERCIAL (Owner/Applicant:
Robert McCanna Reilly, Trustee for
Robert McCanna Reilly and Mary Sabol
Reilly trust).
17. VACATE AND CLOSE PORTION OF N.W. 18
AVENUE, APPROXIMATELY 127.86' NORTH OF
NORTH RIGHT-OF-WAY (R-O-W) LINE OF N.W.
23 TERRACE, FOR DISTANCE OF 157.9919
PLUS CUL-DE-SAC, AS A CONDITION OF
APPROVAL OF TENTATIVE PLAT #1400:
AMENDED PLAT OF COMSTOCK ELEMENTARY
SCHOOL (Owner/Applicant: Dade County
School Board).
18. GRANT APPEAL BY NORMAN BRAMAN - REVERSE
DECISION OF HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD WHICH DESIGNATED THE
RYAN/FRANKLIN MULLOY MOTOR COMPANY
(BRAMAN BMW -ROLLS ROYCE), AT 2020
BISCAYNE BOULEVARD) AS A HISTORIC SITE.
19. DISCUSS AND CONTINUE CONSIDERATION OF
PROPOSED RESOLUTION APPROVING AMENDMENT
TO RESTRICTIVE COVENANT RUNNING WITH
THE LAND (FOR PROPERTY OWNED BY FEDERAL
DEPOSIT INSURANCE CORPORATION, AS
RECEIVER FOR SUNRISE SAVINGS AND LOAN
ASSOCIATION) LOCATED AT S.E. CORNER OF
S.W. 27 TO 25 AVENUES AND S.W. 22
STREET TO 22 TERRACE, TO ELIMINATE
CERTAIN REQUIREMENTS (Continued to
October 3rd).
ORDINANCE
first reading
9/26/91
ORDINANCE
first reading
9/26/91
R 91-681
9/26/91
R 91-682
9/26/91
M 91-683
9/26/91
41-43
43-44
:LaI
46-58
59-65
20. (A) (Continued Discussion) RECONSIDER M 91-684 65-68
PRIOR VOTE CONCERNING THE NAVAL RESERVE R 91-685
BUILDING (See label 7). 9/26/91
(B) DIRECT MANAGER TO WORK
COOPERATIVELY WITH REPRESENTATIVES OF
THE COCONUT GROVE COMMUNITY AND
PROVIDERS OF SERVICES TO THE HOMELESS -
DIRECT MANAGER TO IDENTIFY SUITABLE
ALTERNATIVE SITES FOR USE BY PROVIDERS
OF SERVICES TO THE HOMELESS IN EXCHANGE
FOR THE NAVAL RESERVE PROPERTY -
AUTHORIZE MANAGER TO TAKE ALL ACTIONS
NECESSARY TO ACQUIRE THE NAVAL RESERVE
PROPERTY (2610 TIGERTAIL) FOR A
COMMUNITY -BASED EDUCATIONAL FACILITY.
21. AUTHORIZE REQUEST BY GREATER BISCAYNE M 91-686 68-69
BOULEVARD CHAMBER OF COMMERCE FOR 9/26/91
PLACEMENT OF A PLAQUE IN THE LEGION
PARK POLICE MINI -STATION IN HONOR OF
DOVA CAUTHEN FOR HER CONTRIBUTION TO
THE ESTABLISHMENT OF THAT STATION AND
THE REVITALIZATION OF THE BISCAYNE
BOULEVARD AREA.
22. GRANT APPEAL BY DONALD AND JUDITH R 91-687 70-74
SWEETBAUM - REVERSE ZONING BOARD'S 9/26/91
DENIAL OF VARIANCE - AUTHORIZE USE OF
THREE EXISTING UTILITY SHEDS AND TWO
EXISTING CHICKEE HUTS USED AS CARPORTS
AT 3090 ALLAMANDA STREET AND 3061
SHIPPING AVENUE.
23. SECOND PUBLIC HEARING ON CITY OF MIAMI M 91-688 75-148
FY 1991-92 BUDGET - SET TENTATIVE 9/26/91
MILLAGE RATE OF 9.5995 AND DEBT SERVICE
RATE AT 2.3308 FOR THE CITY.
24. SECOND READING ORDINANCE: DEFINE AND ORDINANCE 149-151
DESIGNATE TERRITORIAL LIMITS FOR CITY 10919
OF MIAMI FOR PURPOSE OF TAXATION, 9/26/91
FIXING THE MILLAGE AND LEVYING TAXES
FOR FY OCTOBER 1, 1991 TO SEPTEMBER 30,
1992.
25. MAKE APPROPRIATIONS FOR CITY OF MIAMI ORDINANCE 151-153
FY OCTOBER 1, 1992 TO SEPTEMBER 30, 10920
1992 BUDGET. 9/26/91
26.
(A) SECOND PUBLIC HEARING ON DOWNTOWN
M 91-689 154-159
DEVELOPMENT AUTHORITY BUDGET - AMEND
ORDINANCE
PROPOSED APPROPRIATION FOR FY ENDING
10921
SEPTEMBER 30, 1992 - EARMARK 10% OF
9/26/91
BUDGET TO ADDRESS THE HOMELESS PROBLEM.
(B) SECOND READING ORDINANCE: DEFINE
AND DESIGNATE TERRITORIAL LIMITS FOR
THE DOWNTOWN DEVELOPMENT AUTHORITY OF
THE CITY OF MIAMI - FIX MILLAGE AND
LEVY TAXES FOR FY OCTOBER 1, 1991 TO
SEPTEMBER 30, 1992.
27.
SECOND READING ORDINANCE: MAKE
ORDINANCE 160-162
APPROPRIATIONS FROM DOWNTOWN
10922
DEVELOPMENT DISTRICT AD VALOREM TAX
9/26/91
LEVY FOR THE DOWNTOWN DEVELOPMENT
AUTHORITY FOR FY ENDING SEPTEMBER 30,
1992 - EARMARK 10% OF APPROPRIATIONS TO
ADDRESS THE HOMELESS PROBLEM.
28.
AUTHORIZE TRANSFER OF $350,000 TO THE
R 91-690 162-163
DOWNTOWN DEVELOPMENT AUTHORITY FROM
9/26/91
GENERAL FUND AS ADVANCE PAYMENT OF AD
VALOREM TAXES TO BE RECEIVED BY THE
CITY FROM METRO-DADE COUNTY ON BEHALF
OF THE DDA.
29.
(A) APPROVE ALLOCATION OF ONE -TWELFTH
R 91-691 163-169
OF ANNUAL BUDGET OF THE DEPARTMENT OF
9/26/91
OFF-STREET PARKING FOR FY ENDING
SEPTEMBER 30, 1992 (OCTOBER 1 -
NOVEMBER 30, 1991).
(B) COMMISSIONER ALONSO MAKES THE
OBSERVATION THAT THE OFF-STREET PARKING
BOARD DOES NOT WELCOME HAVING A
COMMISSIONER ON THE BOARD.
30.
(A) APPROVE ANNUAL BUDGET OF DEPARTMENT
R 91-692 169-176
OF OFF-STREET PARKING FOR FY OCTOBER 1,
9/26/91
1991 TO SEPTEMBER 30, 1992 - TO PROVIDE
FOR OPERATION OF THE GUSMAN CENTER FOR
THE PERFORMING ARTS AND THE OLYMPIA
BUILDING.
(B) DIRECT ADMINISTRATION TO
AGGRESSIVELY EXPLORE THE FEASIBILITY OF
SELLING THE GUSMAN CENTER, AND TO
RESEARCH ITS DONATION TO THE CITY.
31. (A) APPROVE FY 1991-92 BUDGET FOR THE R 91-693 176-178
SOUTHEAST OVERTOWN / PARK WEST 9/26/91
REDEVELOPMENT DISTRICT TAX INCREMENT
TRUST FUND - INSTRUCT MANAGER TO SEEK
APPROVAL BY METROPOLITAN DADE COUNTY.
(B) DIRECT ADMINISTRATION TO RESEARCH
PROSPECT OF OFFERING FREE
TRANSPORTATION FOR CITY EMPLOYEES WHO
DECIDE TO MOVE TO OVERTOWN, AS AN
INCENTIVE.
32. (A) APPROVE FY 1991-92 ADMINISTRATIVE R 91-694 179-186
BUDGET OF THE MIAMI SPORTS AND 9/26/91
EXHIBITION AUTHORITY.
(B) DISCUSSION CONCERNING: (1) PENDING
LITIGATION AMONG THE MIAMI HEAT,
LEISURE MANAGEMENT MIAMI, AND THE
SPORTS AUTHORITY CONCERNING OVERDUE
LEASE PAYMENTS OF THE ARENA; (2) THE
HEAT'S FAILURE TO MEET MINORITY
PARTICIPATION GOALS.
33. (A) DENY APPEAL BY ONIE B. LUKER AND R 91-695 187-191
AFFIRM DECISION OF ZONING BOARD TO R 91-695.1
GRANT SPECIAL EXCEPTION TO ALLOW THE 9/26/91
EXTENSION OF 25' OF THE 0 OFFICE ZONING
INTO THE R-1 ZONING DISTRICT TO ALLOW
MANEUVERING SPACE ON RESIDENTIALLY
ZONED LOT AT 316 S.W. 28 ROAD.
(B) DENY APPEAL BY KATHRYN WELLS AND
AFFIRM DECISION OF ZONING BOARD TO
GRANT SPECIAL EXCEPTION TO ALLOW THE
EXTENSION OF 25' OF THE 0 OFFICE ZONING
INTO THE R-1 ZONING DISTRICT TO ALLOW
MANEUVERING SPACE ON RESIDENTIALLY
ZONED LOT AT 316 S.W. 28 ROAD.
34. AUTHORIZE ISSUANCE OF $25,000,000 OF R 91-696 192-197
CITY OF MIAMI TAX ANTICIPATION NOTES, 9/26/91
SERIES 1991, FOR PURPOSE OF MEETING
CERTAIN OF THE CITY'S CASH FLOW
REQUIREMENTS FOR FY ENDING SEPTEMBER
30, 1992.
35. BRIEF STATEMENT BY COMMISSIONER ALONSO DISCUSSION 197
ANNOUNCING SHE WILL BE INTRODUCING, AT 9/26/91
A FUTURE MEETING, PROPOSALS FOR FUTURE
LEGISLATION, e.g. FREEZING GARBAGE
FEES, ETC. FOR MIAMI RESIDENTS OVER 65.
't
•
36. TRANSMIT APPLICATION FOR DEVELOPMENT
APPROVAL (ADA) TO SOUTH FLORIDA
REGIONAL PLANNING COUNCIL AND FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS FOR
SUFFICIENCY REVIEW AS TO DEVELOPMENTS
OF REGIONAL IMPACT, WHICH APPLICATION
PROPOSES AN AMENDMENT OF THE SOUTHEAST
OVERTOWN / PARK WEST (SEO/PW) MASTER
DEVELOPMENT ORDER (1988-1994) - ADOPT
SEO/PW INCREMENT II DEVELOPMENT ORDER
(1991-1999) AND ADVANCE COMMENCEMENT
DATE - FOR PURPOSE OF REGULATING FUTURE
DEVELOPMENT IN THE SOUTHEAST OVERTOWN /
PARK WEST PROJECT.
37. AMEND DOWNTOWN MIAMI DEVELOPMENT OF
REGIONAL IMPACT (DRI) MASTER AND
INCREMENT I DEVELOPMENT ORDERS FOR THE
CITY OF MIAMI AREA UNDER JURISDICTION
OF GENERAL DEVELOPMENT AUTHORITY
(EXCEPT SOUTHEAST OVERTOWN / PARK WEST
REDEVELOPMENT AREA) BY AMENDING MASTER
DEVELOPMENT ORDER AND CHANGING
DESCRIPTION OF INCREMENT I PROJECT,
etc.
38. CONTINUE PROPOSED RESOLUTION CONCERNING
AN APPEAL OF ZONING BOARD'S DENIAL OF
VARIANCE TO PERMIT EXISTING ADDITION TO
SINGLE FAMILY RESIDENCE (1900 S.W. 32
AVENUE) TO MEETING OF OCTOBER 24TH
(Owner/Appellant: Pedro Hernandez).
R 91-697
9/26/91
R 91-698
9/26/91
DISCUSSION
9/26/91
198-200
200-202
202
A
•
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 26th day of September, 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 9:08 a.m. by Vice Mayor J. L.
Plummer, Jr. with the following members of the Commission found to be present:
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
ABSENT: Commissioner Miriam Alonso
Mayor Xavier L. Suarez
ALSO PRESENT:
Cesar Odio, City Manager
A. Quinn Jones, III, Acting City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Commissioner Dawkins. Commissioner De
Yurre then led those present in a pledge of allegiance to the flag.
------------------------------------------------------------------------------
1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS
(A) PROCLAMATION: UNITED WAY LOANED EXECUTIVE ASSOCIATION DAY.
(B) PROCLAMATION: MINORITY ENTERPRISE DEVELOPMENT WEEK - RECOGNIZING
MIAMI CAPITAL DEVELOPMENT, INC., FOR ITS CONTRIBUTION TO
DEVELOPMENT OF MINORITY ENTERPRISES.
(C) COMMENDATIONS: MOST OUTSTANDING OFFICER OF THE MONTH - ERIC CAMIL
(JULY), OSCAR BAEZ AND JOSE FERNANDEZ (AUGUST).
------------------------------------------------------------------------------
1. Proclamation to: United Way Loaned Executive Association Day, saluting
the officers and members of the United Way Executive Association for their
unselfish contribution to the betterment of our citizens.
1 September 26, 1991
2. Proclamation to: Minority Enterprise Development Week, recognizing Miami
Capital Development, Inc. for its contribution to the development of
minority enterprises in our midst.
3. Commendations to: Police Officers Eric Camil, Most Outstanding Officer
for July 1991; Oscar Baez and Jose Fernandez, Most Outstanding Officers
for the Month of August 1991.
2. AUTHORIZE MANAGER TO RE -ADVERTISE FOR PROFESSIONAL SERVICES FOR THE
DESIGN, PREPARATION OF CONSTRUCTION DOCUMENTS, AND CONSTRUCTION
ADMINISTRATION OF AN OLYMPIC POOL COMPLEX FOR CHARLES HADLEY PARK.
Vice Mayor Plummer: We'll now officially open the Commission meeting. Are...
Commissioner De Yurre: Can we take up the budget now? Get that out of the
way?
Vice Mayor Plummer: Yes, why not? Anybody want to speak on the budget?
Mr. Odio: No.
Vice Mayor Plummer: OK, anybody make a motion?
Commissioner De Yurre: Move and second.
Mr. Odio: Let's get out of here.
Vice Mayor Plummer: OK, just for the record. In fact, today is the 26th day
of September, the time is 9:00 a.m. I've already announced the Mayor will not
be present until 2:30 this afternoon. And likewise, Commissioner Alonso, not
feeling well, hopes to be here at 2:30 this afternoon. Are there any minutes
for approval?
Mr. Walter Foeman: No, sir.
Vice Mayor Plummer: All right, sir. Will then, Mr. Manager, you have any
emergency items.
Mr. Odio: No, sir.
Vice Mayor Plummer: We'll now move on to item number one, Department of
Development and Housing.
THEREUPON, VICE MAYOR PLUMMER READ THE RESOLUTION INTO THE PUBLIC
RECORD, BY TITLE ONLY.
Commissioner Dawkins: So move.
Commissioner De Yurre: Second.
Vice Mayor Plummer: Is there a second?
E
September 26, 1991
G
Commissioner De Yurre: Second.
Vice Mayor Plummer: Is there anyone wishing to discuss item 1?
Mr. Manuel Gonzalez-Goenaga: Yes.
Vice Mayor Plummer: 1 have Mr. Gonzalez. You are speaking on item one?
Mr. Gonzalez-Goenaga: Yes, extremely short.
Vice Mayor Plummer: Thank you, sir. Proceed.
Mr. Gonzalez-Goenaga: Good morning, everybody.
Vice Mayor Plummer: Good morning, sir.
Commissioner Dawkins: Good morning, sir.
Mr. Gonzalez-Goenaga: I have to congratulate this Commission for your
adeptness in the proclamations. There you are champions. Regarding number
one, I am a little concerned if we tie these up with the afternoon session,
because we have an Olympic Commission, but I don't think that we need at the
present time with the heavy problems that we have, an Olympic pool. Because
who is going to maintain? Who is going to clean up that pool? If the present
ones, the little park like 17th Avenue, is dirty, full of "Jeri ngui1las" from
the drug dealers or the drug users, how can we expect and with what money are
you going to maintain in top shape that Olympic pool? Thank you very much.
Vice Mayor Plummer: Thank you, sir. Is anyone else from the public wishing
to discuss item number one? Any Commission discussion? Hearing none, call
the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-673
A RESOLUTION AUTHORIZING THE CITY MANAGER TO RE -
ADVERTISE FOR THE REQUIRED PROFESSIONAL SERVICES FOR
THE DESIGN, PREPARATION OF CONSTRUCTION DOCUMENTS AND
CONSTRUCTION ADMINISTRATION OF AN OLYMPIC POOL COMPLEX
FOR CHARLES HADLEY PARK; FURTHER REAFFIRMING THE
PROVISIONS OF RESOLUTION NO. 91-433, ADOPTED JUNE 10,
1991, AS BEING APPLICABLE TO THE OLYMPIC POOL COMPLEX
PROJECT.
(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:
3 September 26, 1991
-0
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
NOES: None.
ABSENT: Commissioner Miriam Alonso
Mayor Xavier L. Suarez
3. CLAIM SETTLEMENT: JOSE R. DOMINGUEZ, AS PERSONAL REPRESENTATIVE OF
MODESTA DOMINGUEZ ESTATE ($200,000).
Vice Mayor Plummer: Item number two...
Commissioner Dawkins: Move it.
Vice Mayor Plummer: ...authorizing the Director of Finance to pay Jose R.
Dominguez and personal representative of the estate of Modesto Dominguez.
Moved by Commissioner De Yurre. Is there a second?
Commissioner Dawkins: Second.
Vice Mayor Plummer: Is there any discussion by anyone of the public on item
number two? Mr. Gonzalez.
Mr. Manuel Gonzalez-Goenaga: Again, I am going to be short. I know that it
has been agreed of a liability of $200,000. Well, $200,000 doesn't put Mrs.
Dominguez back into life. This is an additional cost because of the
negligence of the Police Department. I am... we have to really follow-up
because I once told here that we need police in bicycles, not in cars. I
understand that at least one-third of the new crew of new, brand new cars are
in bad shape. And I don't know if that's the exact figure. But, please, I
recommend this, Commissioners, that some of the police should be sent back to
driving school. Thank you very much.
Vice Mayor Plummer: Thank you, sir. Is anyone else wishing to speak on item
two? Any Commission discussion? Hearing none, call the roll.
4 September 26, 1991
c
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 91-674
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO JOSE R. DOMINGUEZ, AS PERSONAL REPRESENTATIVE
OF THE ESTATE OF MODESTA DOMINGUEZ, FOR THE USE AND
BENEFIT OF SAID ESTATE AND FOR THE USE AND BENEFIT OF
JOSE R. DOMINGUEZ, THE SURVIVING HUSBAND AND BARBARO
AND ISABEL DOMINGUEZ, THE SURVIVING MINOR CHILDREN,
WITHOUT ADMISSION OF LIABILITY, THE SUM OF $200,000 IN
FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI UPON THE EXECUTION
OF A RELEASE RELEASING THE CITY OF MIAMI FROM ANY AND
ALL CLAIMS AND DEMANDS.
(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
Vice Mayor J. L. Plummer, Jr.
NOES: None.
ABSENT: Commissioner Miriam Alonso
Mayor Xavier L. Suarez.
Vice Mayor Plummer: Item number three, an appointment to the Off -Street
Parking Authority. Mr. Gort. Excuse me, let me revert back to item two. Mr.
City Attorney, this does, in fact, come with your recommendation as to item
number two?
A. Quinn Jones, III, Esq.: Yes, Mr. Vice Mayor, it does.
Vice Mayor Plummer: Thank you, sir.
5 September 26, 1991
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4. (A) CONFIRM APPOINTMENT OF INDIVIDUAL TO OFF-STREET PARKING BOARD
(Confirmed was: Olivia Peart) (See label 6B)
(B) COMMISSIONER DAWKINS REQUESTS DISCUSSION AT NOVEMBER COMMISSION
MEETING CONCERNING METHODOLOGY FOR SELECTION OF OFF-STREET PARKING
BOARD DIRECTOR.
------------------------------------------------------------------------------
Vice Mayor Plummer: Item three, Mr. Gort, chairman of the Off Street Parking
Authority. Your recommendation, sir, or that of your board.
Mr. Willy Gort: ...vice chairman of the... Commissioners. My name is Alfredo
Gort, I'm with the 2660 N.W. 14th Avenue, here as the chairman of the advisory
board. The board of directors recommended the Commission to consider to
confirm the appointment of Olivia Peart. You have a memo in front of you with
the resume. We received a request from 18 individuals. Out of these 18
individuals we interviewed four. And the board unanimous found that this Mrs.
Peart was the most qualified to serve at the board.
Vice Mayor Plummer: Thank you, sir. Members of the Commission. Moved by
Commissioner De Yurre. Moved by Commissioner De Yurre.
Commissioner Dawkins: I'll vote for it, but I'm not going to second.
Vice Mayor Plummer: I'll second the motion.
Commissioner Dawkins: It's been moved and...
Vice Mayor Plummer: Any one of the public wishing to discuss item number
three? Hearing none, discussion among Commissioners, call the roll.
Commissioner Dawkins: Yes, discussion under...
Vice Mayor Plummer: Commissioner Dawkins.
Commissioner Dawkins: I don't have a problem with this, Mr. Vice Mayor. And
I'm not prepared to discuss at this time, the appointment and selection of the
director. But by the meeting in November, or the twenty... yes, November, I
will be prepared to discuss what I feel - and this is Miller Dawkins' personal
opinion - was a racist way of selecting a director. And I want to put that in
the record.
Vice Mayor Plummer: Mr. Manager, you'll so note for the agenda of November
that Commissioner Dawkins is requesting space on that agenda for his
discussion on that item. Call the roll.
6 September 26, 1991
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 91-675
A RESOLUTION CONFIRMING THE APPOINTMENT OF AN
INDIVIDUAL TO THE OFF-STREET PARKING BOARD OF THE CITY
OF MIAMI FOR A TERM OF OFFICE DESIGNATED HEREIN.
eoe omitted here and on
file inthe Officf the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
NOES: None.
ABSENT: Commissioner Miriam Alonso
Mayor Xavier L. Suarez.
------------------------------------------------------------------------------
5. INSTRUCT ADMINISTRATION TO PROCEED WITH THE DEVELOPMENT OF THE SOUTHEAST
END PORTION OF BAYFRONT PARK UTILIZING MONIES PREVIOUSLY ALLOCATED BY THE
STATE OF FLORIDA - INFORM THE STATE THAT AGREEMENT HAS BEEN REACHED
BETWEEN REPRESENTATIVES OF THE ESTATE OF ISAMO NOGUCHI AND THE CITY
CONCERNING PAYMENT OF A CERTAIN FEE.
i
!------------------------------------------------------------------------------
Vice Mayor Plumper: Item 4, representatives of Bayfront...
Commissioner Dawkins: Move.
Vice Mayor Plummer: ...Park Management Trust. Will the "Bobbsey Twins"
please come forward.
Mr. Alan Weisberg: Commissioner, I think at this time we would request to
be...
Vice Mayor Plummer: For the record, your name and mailing address, please.
Mr. Weisberg: Yes, Alan Weisberg, chairman of Bayfront Park Management Trust,
1401 Brickell Avenue, suite 910, Miami, Florida, 33131. We would request that
this matter be put off until this afternoon.
Vice Mayor Plummer: Until this afternoon?
Mr. Weisberg: Yes.
7 September 26, 1991
Vice Mayor Plummer: All right, sir. Do we need a motion to do that, or can
we just...
Commissioner Dawkins: I'd like the reasoning, Mr. Vice Mayor.
Vice Mayor Plummer: What is the reason for putting it off till this
afternoon?
Mr. Weisberg: We feel that there are some documents that we'd like to have
ready and get some clarification.
Vice Mayor Plummer: For further information.
Commissioner Dawkins: Well, what difference does it make if you've got three
votes up here to approve it? I mean, what difference does it make if you
present more documentation? It can't get you approved no more than three... a
majority of three no way, sir.
Mr. Weisberg: The point is...
Vice Mayor Plummer: What he's saying is, he's willing to move on it now and
get it out of the way.
Mr. Weisberg: Oh, then I would prefer to do it now. Absolutely.
Vice Mayor Plummer: You taught him a lesson, Miller.
Commissioner Dawkins: Move it, move it.
Vice Mayor Plummer: Any further discussion? Anyone of the public wishing to
discuss item four? Call the...
Commissioner De Yurre: Well, what is the development that they're talking
about?
Vice Mayor Plummer: I'm sorry?
Commissioner De Yurre: What is the development that they're talking about?
Vice Mayor Plummer: On the...
Commissioner De Yurre: I'd like to get it on the record.
Mr. Weisberg: It was merely a logistical question as to how the contractual
provision would be done between the City and Mr. Sadao. It's really a
technical thing. I like to have all my ducks in a row, but I don't think it's
significant. I just wanted to be fully prepared.
Vice Mayor Plummer: The basis of it, Victor, just to try to give you a short
background. There has been a discussion and a disagreement between Mr. Sadao,
who represents the estate of Noguchi, as to a fee. That has been somewhat
resolved and a compromise has been struck. And as such, they, in fact, are
now in agreement so that it can proceed within the monies allocated by the
state to get the project finished.
8 September 26, 1991
Commissioner De Yurre: OK. With your recommendation then?
Vice Mayor Plummer: Yes, sir.
Commissioner De Yurre: OK. Second.
Vice Mayor Plummer: Any further discussion? Hearing none, call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 91-676
A MOTION INSTRUCTING THE ADMINISTRATION TO PROCEED
WITH THE DEVELOPMENT OF THE SOUTHEAST END PORTION OF
BAYFRONT PARK BY USING MONIES PREVIOUSLY ALLOCATED BY
THE STATE OF FLORIDA FOR COMPLETION OF THE PROJECT;
FURTHER STATING A COMPROMISE HAD BEEN REACHED BETWEEN
REPRESENTATIVES OF THE ESTATE OF ISAMO NOGUCHI AND THE
CITY CONCERNING PAYMENT OF A CERTAIN FEE.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
NOES: None.
ABSENT: Commissioner Miriam Alonso
Mayor Xavier L. Suarez.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: After he put me on the record, the answer is yes.
COMMENTS MADE FOLLOWING ROLL CALL:
Vice Mayor Plummer: Item five.
Mr. Weisberg: Thank you, Commissioner Dawkins.
Vice Mayor Plummer: Go away and sin no more.
Mr. Weisberg: Saved me two hours.
9 September 26, 1991
i
------------------------------------------------------------------------------
6. (A) DISCUSSION CONCERNING STATUS OF THE DINNER KEY BOATYARD ISSUE -
SET OCTOBER 7TH AS DEADLINE FOR SUBMITTAL TO THE CITY OF AN
ACCEPTABLE REORGANIZATION PLAN BY ALL AFFECTED PARTIES - AUTHORIZE
COMMENCEMENT OF PROCESS TO EVICT PARTIES CONCERNED - DIRECT CITY
ATTORNEY TO PETITION BANKRUPTCY COURT - DIRECT ADMINISTRATION TO
NEGOTIATE WITH EXISTING TENANTS TO MOVE VOLUNTARILY - ALLOW THE
CITY TO RUN THE FACILITY IN THE INTERIM.
(B) COMMISSIONER DAWKINS INTRODUCES OLIVIA PEART, NEW APPOINTEE TO THE
OFF-STREET PARKING BOARD (See label 4A).
------------------------------------------------------------------------------
Vice Mayor Plummer: Discussion concerning the status of the Dinner Key
Boatyard. Mr. Bailey.
Mr. Herb Bailey: At this time, Vice Mayor, we would just like to recommend
that you direct the City Attorney to inform the bankruptcy court that we have
not come up with a reorganization plan for which we can approve. We've had
any number of discussions with the substitute lessee. The time that you have
permitted them has expired, and we have not been able to negotiate a suitable
arrangement that we would be satisfactory with and one that you had directed
us to do. So we, at this time, we're with...
Mr. Odio: Maybe we can add something. I think what we need to do, Mr. City
Attorney and Commissioner, is somehow ask the court to allow us to run this
operation here. As of October 7th is the deadline. It's going to take a year
to get that property out again on bids, and...
i
Vice Mayor Plummer: My only concern there, Mr. Manager, is the problem
f existing that this proposed substitute would have accomplished. Is the City
{ assuming a liability in reference to the hazardous waste?
Mr. Odio: Well, we are. No matter what we do, we're still... what we can do
is we use super fund money from the County. Let them clean it up. We go and
sue Merrill -Stevens, who were there and create the pollution, to get that
money back. But, in the meantime, the super fund could clean up that
property. Not the City.
Vice Mayor Plummer: Commissioner Dawkins.
Commissioner Dawkins: Mr. Manager, what is the quickest way for the City of
Miami to regain possession of this property, and rebid it and along the lines
of getting it done? Because see, I don't mean... and I need to hear from you
and the Legal Department. I don't hear you saying that if we do this and do
that, the land reverts to the City, and, therefore, the City has it. I hear
you saying, let's take it over - and if I'm in error, correct me...
Mr. Odio: No, yes...
Commissioner Dawkins: ...I hear you saying, let's take it over and run it
while we're going through some other I don't know what. And you still have
not regained possession of the property.
10 September 26, 1991
1
A. Quinn Jones, III, Esq.: Mr. Dawkins, if I may respond. The parties have
until October 7th to report to the court relative to what Mr. Bailey has just
explained to you. That being the case, after October 7th, we can move forward
with the eviction.
Commissioner Dawkins: To evict them.
Mr. Jones: Yes, sir.
Commissioner Dawkins: But now, see, but also now, this is America. When you
move to evict the individual, if the individual files an injunction or
whatever, to prevent the eviction, where does that put us?
Mr. Odio: It's going to take, from what I've been told by Warren and the
others, six months to evict those people out of there.
Commissioner Dawkins: OK...
Mr. Odio: At least six months. Am I correct?
Warren Bittner, Esq.: That's correct.
Commissioner Dawkins: So what you're telling us to take our possession of it.
Mr. Odio:
What I was... yes,
well, no, what I
was going to
say is that we ask
the court
to allow the City
in the meantime
to run that
operation and make
some money
while the eviction
process is going
on. Now, I
don't...
Commissioner Dawkins: OK, then, what... I mean, I don't know. Then what
right does that give... all right, we're going to take it over and this guy
has a - for the lack of a better word - a contract to purchase it. Therefore,
legally, he has a right - he or she or it - has a right to operate it. So,
therefore, we're going into court and we are going to take it over and operate
it while we're waiting to decide if the individual has any legal rights or
not. Who... I mean, the money you make if you lose in court, what?
Mr. Bailey: Commissioner, we understand your concerns. What we're going to
try to do... first of all, to answer your question, is once we get to the next
step that...
Commissioner Dawkins: OK, no, let me...I think... wait a minute, wait a
minute, Mr. Bailey. I think all of us... Mr. Vice Mayor...
Vice Mayor Plummer: Yes, sir.
Commissioner Dawkins: May I take the privilege of asking the Manager what's
his recommendation, and we go from there rather than go through all of this?
Vice Mayor Plummer: You have that right, sir.
Commissioner Dawkins: What's your recommendation, Mr. Manager?
11 September 26, 1991
Mr. Odio: Well, I recommend that we start eviction proceedings as of October
7th when the plan ceases to exist, that's the reorganization plan. And that
we also, at the same time, I will be asking Mr. Bailey to negotiate with the
existing tenants to see if they will agree to move out voluntarily. So we can
go in two prongs, one legal and one in negotiations.
Commissioner Dawkins: OK, now, I'm in favor of that, OK? What do we do with
Faison and those who keep saying we will, but we won't, we will if you...
Mr. Odio: OK...
Commissioner Dawkins: ...but we can't because. What are we going to do with
them?
Mr. Odio: Faison has not come forward with a... have not accepted, therefore,
they're out of the picture as of October 7th, Mr. Commissioner.
Commissioner Dawkins: So what you're saying is, they have not presented to
you anything that you, as a Manager, could accept and recommend to us, so
they're out.
Mr. Odio: That's correct, sir.
Vice Mayor Plummer:
Is that your motion, sir?
Commissioner Dawkins:
Yes, whatever the Manager...
yes.
Vice Mayor Plummer:
Seconded by Commissioner De Yurre.
Commissioner Dawkins:
My motion is to follow the Manager's
recommendations.
Vice Mayor Plummer:
Seconded by Commissioner De
Yurre.
Anyone wishing...
there was a gentleman
here who asked to speak. Is
that gentleman
still here?
Mr. Odio: ...in the
second row. Sir...
Commissioner Dawkins:
Sir.
Vice Mayor Plummer:
Hello? Did you wish to speak
on this
issue, sir?
Commissioner Dawkins:
The Dinner Key Boatyard.
Vice Mayor Plummer:
You don't wish to speak? All
right,
sir. Mr. Gonzalez.
Mr. Manuel Gonzalez-Goenaga: Thank you, Vice Mayor. Again, the crux of the
matter here, I am speaking as a citizen, is the lack of confidence on the
administration who over and over and over again have problems leasing land to
third parties. And most of the time, it's the most expensive plan. I am not
able to give my opinion because even the experts and the promises that we have
gotten before, have not come through, like in the Cuban Museum of Art. I
understand that Howard Gary now has another lease, the Miami Rowing Club, and
I have asked for information and I have not been given answers whatsoever. So
I cannot discuss this matter. Thank you very much.
12 September 26, 1991
Commissioner Dawkins: Mr. Mayor, I mean Vice Mayor..
Vice Mayor Plummer: Commissioner Dawkins.
Commissioner Dawkins: May I take a personal privilege?
Vice Mayor Plummer: Of course.
Commissioner Dawkins: To introduce the new member of the Off Street Parking
board, if she'll come down and we can see her.
Vice Mayor Plummer: Dawkins, you've always had an eye for pretty girls.
Commissioner Dawkins: Come on... This is the lady we just approved as the
new addition to the Off Street Parking.
Vice Mayor Plummer: Good morning.
Ms. Olivia B. Peart: Good morning, thank you.
Vice Mayor Plummer: Would you like to say a few words of condolences?
Ms. Peart: Well, I'd like to thank all of the Commissioners for their support
in my nomination. And, hopefully, I'll be able to live up to the
expectations, not only of the Commission, but of the citizens of Miami and
doing what is best for Miami.
Vice Mayor Plummer: And you do know that all of the Commissioners cars when
you tow them, you bring them back.
Ms. Peart: Thank you.
Vice Mayor Plummer: Nice to have you aboard.
Ms. Peart: Thank you.
Vice Mayor Plummer: OK, is there any other discussion on the item before us,
which is item 5? Hearing none, the motion of Commissioner Dawkins is to
follow the recommendation of the Manager. Seconded by De Yurre. Call the
roll.
13 September 26, 1991
n
•
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 91-677
A MOTION OF THE CITY COMMISSION ACCEPTING THE CITY
MANAGER'S RECOMMENDATION TO SET OCTOBER 7, 1991 AS THE
DEADLINE FOR SUBMITTAL TO THE CITY OF AN ACCEPTABLE
REORGANIZATION PLAN BY DINNER KEY BOATYARD JOINT
VENTURE, ET AL. AND CAL-FLORIDA MARINE INDUSTRIES,
INC., THE PRESENT TENANTS OCCUPYING THE FULL -SERVICE
BOAT YARD, MARINA AND MARINE -RELATED RETAIL USES
FACILITY AT 2640 SOUTH BAYSHORE DRIVE; FURTHER
REQUESTING THE CITY ATTORNEY TO BEGIN EVICTION
PROCEEDINGS AFTER THE OCTOBER 7TH DEADLINE, AND TO
PETITION THE BANKRUPTCY COURT THAT THE CITY BE ALLOWED
TO RUN SAID FACILITY IN THE INTERIM; FURTHER
REQUESTING THAT THE CITY ADMINISTRATION NEGOTIATE WITH
SAID EXISTING TENANTS TO SEE IF THEY WOULD LEAVE THE
PREMISES ON A VOLUNTARY BASIS.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
NOES: None.
ABSENT: Commissioner Miriam Alonso
Mayor Xavier L. Suarez.
-------------------------------------------------------- ---------------------
7. DISCUSSION CONCERNING FUTURE USE OF THE NAVAL RESERVE CENTER - DIRECT
MANAGER TO WORK WITH COCONUT GROVE COMMUNITY AND PROVIDERS OF SERVICES TO
THE HOMELESS TO IDENTIFY SUITABLE ALTERNATIVE SITES - AUTHORIZE FILING OF
APPLICATION TO ACQUIRE THE NAVAL RESERVE PROPERTY (2610 TIGERTAIL AVENUE)
FOR A COMMUNITY -BASED EDUCATION FACILITY. (Note: This item was later
reconsidered and ultimately passed and adopted - see label 20).
------------------------------------------------------------------------------
Vice Mayor Plummer: Item 6 is the item which I asked to be placed, and that's
the Naval Reserve Center and its future use. Mr. Bailey.
Mr. Odio: I think there's a resolution. Do we have....
Vice Mayor Plummer: I asked that that resolution be prepared.
Mr. Herb Bailey: What we have before you, Commission, is a resolution that
will express the commitment of the administration.
14 September 26, 1991
Ask
Commissioner Dawkins: Where is the resolution?
Mr. Bailey: It's in the packet.
Commissioner Dawkins: No, it's not in the packet.
Vice Mayor Plummer: It's not. It's not in the packet.
Commissioner Dawkins: No, it's not in the packet.
Mr. Bailey: I stand to be corrected. I'm sorry, I thought we handed
it out.
Mr. Odio: ...pass it out...
Commissioner Dawkins: I need to see it.
Mr. Odio: OK.
Commissioner Dawkins: I have it.
Mr. Bailey: He has it.
Vice Mayor Plummer: Well, for everybody's edification, Mr. Manager,
I'd ask
you to read it, please.
THEREUPON, THE CITY MANAGER READ THE RESOLUTION INTO THE PUBLIC
RECORD, BY TITLE ONLY.
Vice Mayor Plummer: All right...
Commissioner De Yurre: J.L...
Vice Mayor Plummer: Victor.
Commissioner De Yurre: Now, this is under the assumption that a
homeless
group gets it. What if another group gets it? Do we negotiate with them
also?
Mr. Bailey: It's a negotiate with whoever...
Mr. Odio: It's a nego... you have to be able to nego... they are...
the
homeless have first priority.
Commissioner De Yurre: OK, but let's say they don't get it.
Mr. Odio: And they have applied, they have applied.
Commissioner De Yurre: Let's say they don't get it. What I'm saying
is...
Mr. Odio: They get it. I mean, let me explain.
Commissioner De Yurre: You're sure they're going to get it?
15 September 26, 1991
Mr. Odio: Yes. The law says that if the homeless coalition or any homeless
group, applied for the property, they would get it.
Commissioner De Yurre: With a significant plan. You just don't apply and get
it automatically.
Mr. Odio: Oh, yes, they do. Yes, sir.
Commissioner Dawkins: The law does not say that.
Mr. Bailey: Let me...
Commissioner Dawkins: The law says that "groups may apply and the federal
government will make a determining factor as to who receive it." Now, there
are some agencies, for the lack of a better word, who have said that they have
top priority, but that this decision is left to the federal government.
Mr. Odio: The final decision, yes.
Commissioner De Yurre: My issue is that I'd like to amend the resolution to
read that whoever gets it, be it a homeless group, be it a drug rehab group,
or whatever, that we negotiate with whomever gets it to try to keep the
property for this educational facility.
Mr. Odio: Well, I'm not a lawyer, but I think we have to negotiate, Herb,
before they officially get it. I mean, we have to do this up front with
whoever, so they would move...
Commissioner De Yurre: Well let's get the City Attorney to give us an opinion
on that.
Mr. Quinn Jones: I think the first point needs to be understood that... which
is already been understood, I think, that they would be given priority. But I
would agree with the Manager that the process of negotiating should take place
prior to the application actually being approved.
Vice Mayor Plummer: How do you know who to negotiate with?
Mr. Odio: Well, we know that The Homeless Coalition is number one and there
is another group that is number two - what's the name of that? - from New
Orleans.
Commissioner De Yurre: When is the deadline for filing?
Mr. Odio: OK. The applications were sent last week. They have... after the
application has been submitted, there is a windc,m of twenty-five days.
Commissioner De Yurre: No. But, when is the deadline to apply? Can other
entities still apply?
Mr. Odio: The deadline is over. It's over.
Commissioner De Yurre: Is it over already?
16 September 26, 1991
Mr. Odio: The five days were over.
Vice Mayor Plummer: Five days.
Commissioner De Yurre: OK.
Mr. Odio: And two groups applied, as I understand it - maybe more, I...
Mr. Herb Bailey: Yes, we know the groups that we have to negotiate with, we
know the applicants. All of the information in terms of who has submitted an
application, who filed an expression of interest is known to us and we have
had some discussion with those groups. There is an auto priority. Those who
qualify under the McKinney Act, which is those who provide shelter for
homeless and similar kinds of activities, correctional institutions and the
City, to our knowledge, those who qualify under the McKinney Act have already
submitted an application. There were two applications submitted. The clock
has started and the process of reviewing has started and we are at a point now
trying to determine how we can negotiate with the successful applicant to
satisfy this particular resolution. We've had any number of meetings with GSA
(General Services Administration), HHS (Department of Health & Human
Services), the Coconut Grove Community which is being represented here today.
Most of the information that is needed to go through this process, we already
have at hand.
Vice Mayor Plummer: All right, let's hear from...
Commissioner Dawkins: Mr. Vice Mayor.
Vice Mayor Plummer: I'm sorry. Mr. Dawkins.
Commissioner Dawkins: Mr. Manager, in here it says, "to identify a suitable
alternative property for use by the providers of service to the homeless to
exchange for the Naval Reserve property." What properties have you identified
to offer as alternate sites?
Mr. Odio: Well, we are in the process of doing that now, Commissioner.
Commissioner Dawkins: You have not... you have anything in mind?
Mr. Odio: We have a few alternatives, but I...
Commissioner Dawkins: All right, name me the alternatives that you have in
mind. Name me the alternatives that you have suggested. Name me the
alternative that you might be thinking of. Name them for me.
Mr. Odio: Well, one of them is... there is a... yesterday, looking at
drawings of the City... pictures of the City, there is a property where the
old incinerator used to be.
Commissioner Dawkins: The what, sir?
Mr. Odio: TIiere are two acres next to the old incinerator that we demolished.
Commissioner Dawkins: On what street?
17 September 26, 1991
E
Mr. Odio: Twelfth Avenue,
Commissioner Dawkins: And 20th Street?
Mr, Odio: No. It's three blocks from 20th Street.
Commissioner Dawkins: No, it's not. The fire station runs into the
property...
Mr. Odio: Well, it's next to... it's behind the...
Commissioner Dawkins: ... and behind the fire station is the property.
Mr. Odio: It's behind the hospital.
Commissioner Dawkins: So therefore... OK, that's one site. That's site
number one.
Mr. Odio: That's one site.
Commissioner Dawkins: Twentieth Street and Twelfth Avenue. What's the other
site?
Mr. Odio: The other site is Beckham Hall annex. It's a property that was
deeded... it is supposed to be deeded...
Commissioner Dawkins: OK, Beckham Hall. Go ahead.
Mr. Odio: And the other one I am look... but, there is a question of
zoning...
Vice Mayor Plummer: There is another site, Mr...
Mr. Odio: The Donn Building which is a...
Vice Mayor Plummer: OK, there is another site which...
Commissioner Dawkins: Which site?
Mr. Odio: Donn Building.
Vice Mayor Plummer: Donn Building.
Commissioner Dawkins: Donn.
Vice Mayor Plummer: The one that we negotiated with the school board for.
Commissioner Dawkins: And where is that located?
Vice Mayor Plummer: Fourteenth Street, Miami Avenue - north.
Commissioner Dawkins: Fourteenth Street and Miami Avenue?
18 September 26, 1991
Vice Mayor Plummer: North Miami Avenue, right. Now, there is also another
proposal that I have made the Manager aware of and I don't think that this is
necessary limited to a site in the City. A suitable site would be anything
that is agreeable to the parties. There is a hospital which is becoming
available outside of the City and I would rather not identify it, that is not
being used today that is up for sale. And there is a possibility that that
site could in fact be considered. I think the terminology suitable would be
whatever the needs are of the parties that we are negotiating with.
Mr. Odio: If we own the property, we would have to come back to the
Commission for approval.
Vice Mayor Plummer: Of course. It would have to be...
Commissioner Dawkins: OK. Now, let me tell you something, all of you. I
don't see how this Commission and the Manager could sit here and offer the
site at 2Oth Street and 12th Avenue without the residents around that site
being present. I do not understand how you can sit here an say that you are
going to use 14th Street and Miami Avenue without the residents of that area
being present, and I certainly don't understand how we could be hypocritical,
this Commission, when we would not allow, with our vote, Camillus House to go
to Beckham Hall, but yet in order to hoodwink, and this is Miller Dawkins'
opinion now, to hoodwink the public, you're going to come back now and offer
Beckham Hail. I mean, that's hypocritical.
Vice Mayor Plummer: Commissioner Dawkins, if I'm not mistaken, I don't think
Camillus House themselves are an applicant.
Commissioner Dawkins: I'm saying, what you are doing, is taking a piece of
property which we denied Camillus House the right to... I mean, call it a
homeless facility, whatever kind of facility, when they were down here seeking
a place to move Camillus House, Beckham Hall was one of the alternate sites
offered to move and this Commission turned it down.
Vice Mayor Plummer: No, sir.
Mr. Bailey: No. It was the Northeast, Commissioner.
Vice Mayor Plummer: No, it was on the north side of the baseball stadium
which was offered to them.
Commissioner Dawkins: It's still that neighborhood, OK?
Vice Mayor Plummer: Oh, OK, that I agree.
Commissioner Dawkins: See, it don't make no difference about what street it's
on, it's the neighborhood. So I would say, I agree we do not need the
facility where they're talking about putting it. OK? I have no problems with
that, but I also think that this must be done in a way where everybody can
come down here and state their position. I just don't believe it's fair for
us to sit here and say... because this resolution, ladies and gentlemen, does
not state no site. If it stated a site, then it would hit the newspapers and
people would know. So, it's unfair to put out a resolution like this without
stating what the alternate sites are, so that we know. And that's my only
concern.
19
September 26, 1991
}
.I
t
Vice Mayor Plummer: All right, sir. You're on.
Vice Mayor Plummer: You're on.
9
Mr. Carter McDowell: Good morning. For the record, my name is Carter
McDowell and my office is at 100 SE 2nd Street. I am here as a member of
Grove House, I am representing Grove House...
Vice Mayor Plummer: Just for the record, let me do this. Of the people in
the audience, how many are here on this item?
{
Commissioner Dawkins: And these.
Vice Mayor Plummer: Thank you. And these, right. All of the letters that we
have received. Carter, proceed.
Mr. McDowell: As I believe the show of hands shows, the Coconut Grove
community is extremely concerned and interested in this Naval Reserve
property. We have been working cooperatively, I will say, with the City
Manager's office, they've been very helpful. And we, I believe, in fact
initially proposed that the City consider providing an alternate site for the
homeless so that both the needs of the homeless could be addressed and the
needs of the Coconut Grove community could be addressed. Grove House began
looking at this property for a community based educational facility back in
1987 before the McKinney Act even existed. We have continued over time to
work toward acquiring this property, in this case, through the City, for a
facility that could serve the entire Coconut Grove community in a way that we
believe would be a positive input into the community. Commissioner Dawkins,
you have indicated that the resolution may be unfair in that it doesn't
designate a specific alternate site. Honestly, that was done intentionally,
not so much to hide anything from anybody, but if you identify a site as a
potential alternate site and for other technical reasons, for example, the
homeless coalition says, that's not an acceptable alternative site, you can
also ignite a neighborhood unnecessarily. In other words, I would not want to
scare a neighborhood or cause a problem in a neighborhood and then have that
site be totally ignored and be unacceptable. Therefore, it was considered
best not to name a particular site until it was possible to in fact know that
a site could be used. We ask for your strong support on this. We are in a
twenty-five day period, the federal government has indicated that unless the
City goes on record strongly supporting the community based educational
facility that it not inevitably, but almost inevitably, would go to a provider
for the homeless. Understand that a provider for the homeless, the definition
is such that it could include the Miami Coalition for the Homeless or Recovery
Works, which is basically a drug rehab program based currently in New Orleans.
Both of which have submitted applications for this property. We don't believe
that anybody else is eligible at this point, although other I think, may have
until tomorrow to actually apply. We have been working cooperatively, we
believe that this...
Commissioner De Yurre: Hold it, hold it. He just told me that the deadline
was over. Now he is saying it's not over.
20 September 26, 1991
Mr. McDowell: There is a deadline... no one else can submit an expression of
interest, and I didn't mean to contradict what the Manager says. The list of
who can apply is set, but there are only two of the list that have applied.
If they do not complete their application by Friday, the remaining five people
will be out of that process. It's a two-step elimination process.
Vice Mayor Plummer: Well, I think, Victor, what they are saying is, there is
a five day period in which you can express interest. Two have put in
Incomplete applications...
Mr. McDowell: They are now complete.
Vice Mayor Plummer: They are now complete?
Mr. McDowell: Yes, sir.
Vice Mayor Plummer: Well that must have changed, because yesterday it wasn't.
OK.
Mr. McDowell: As of five o'clock yesterday.
Vice Mayor Plummer: OK. And that would have reopened the five days had they
not completed their applications.
Mr. Odio: Then you have twenty-five days.
Vice Mayor Plummer: That's the determination period.
Mr. McDowell: We ask for the Commission strong support in this, we believe
that the needs of both communities can be served appropriately. We believe
that the Manager's office is working to appropriately identify sites that will
be quote unquote, suitable to meet those needs and we would ask for your
strong support in this matter. We will continue to work cooperatively with
the community and with the City to see if we can resolve this issue.
Commissioner De Yurre: Walk me through the process, Mr. City Manager.
Mr. McDowell: I can, if you would like.
Vice Mayor Plummer: Commissioner De Yurre has requested that you walk him
through, I assume the scenario of the time table.
Commissioner De Yurre: The time table and the negotiations. By when does
there have to be a concrete agreement?
Mr. Odio: I feel, I don't know, Herb, it has to be done before the twenty-
five days, right?
Commissioner De Yurre: What?
Mr. Bailey: Well, actually, what we have to do and I don't whether or not we
can do this now, but the time table is that the review process for the
applications that have been submitted, the federal government, once they get a
completed application, has twenty-five days in which to make a decision.
21 September 26, 1991
Where we fit in there, I really don't know because it was our understanding
and we had tried to get the agencies not to submit an application, so we could
have an extension and give us time to negotiate. Now that they have submitted
an application, it's a matter of whether or not we can make an adjustment in
the federal regulations, and I don't think it's part of the legislation, we
have to check that, to see if whether or not they will permit us to negotiate
with the successful applicant for a swap. That is an answer of which we do
not have at this moment as to whether or not that's legal.
Mr. Odio: Let me add this. I was contacted yesterday -, I don't know his
name, one of the regional directors from GSA, they are supposed to be down
here next week and I think at that time we can see where we are really going.
Commissioner De Yurre: Because now, we have no idea of where we are going.
Mr. Odio: Well, we know this. From a meeting that we had last week, that we
were notified by the Homeless Coalition and the people from New Orleans that
they had applied. We were hoping that they would not, giving us time to ask
for an extension of ninety days. Since they have applied, and now the
applications are complete, we have twenty-five days. We're going to find out
next week whether they will give us time to negotiate an arrangement of a
swap. Or, if we have to wait for one of the two to get the property and then
we have to swap. But we don't want that to happen.
Commissioner De Yurre: OK. Now, you're talking about twenty-five days? -
twenty-five from what, from Friday?
Mr. Odio: Yes.
Commissioner De Yurre: From tomorrow?
Mr. McDowell: Tuesday.
Mr. Odio: Well, not really. From the day the application were completed.
From Tuesday, I think it was, right?
Commissioner De Yurre: From last Tuesday?
Mr. Odio: Yes.
Mr. McDowell: That's correct. It's approximately October 17th.
Commissioner De Yurre: So, either this has to come to bear on the 3rd of
October which is the only meeting that we're going to have before the twenty-
fifth day is up?
Mr. McDowell: That's basically...
Mr. Odio: Well, that's next Thursday.
Vice Mayor Plummer: Let me answer you this way. This item as far as I am
concerned, is so important, I don't think there is any question, Victor, that
if it was necessary for a special Commission meeting that we would not call
it. You know, this is something that has got to be done and it's got to be
22 September 26, 1991
done now, and it's got to be followed through the time table. We worked and
reworked this resolution here today that we thought would be compatible with
everybody and everybody could get behind this one resolution and speak in a
unified voice. But, here, let me... answering your question, 1 don't think
there is no question in my mind that if the need arose for a special meeting
that we wouldn't call one.
Commissioner Dawkins: I'd like to go on record as saving, there will be a
special meeting and at that special meeting, everybr,.jy in the community be
invited to hear what we are doing. Because it was stated before, the logic,
for the lack of a better word, for not listing, the alternative sites was,
there is a possibility that the Homeless Coalition or whatever, may not accept
the site we are offering as an alternative, so you are right back to square
one. They refused to accept what we are offering and they got the property.
So, we really need to schedule a public hearing one afternoon, because Mr.
Manager, I am going to tell you now, I want a public announcement in the paper
Sunday, when everybody read the paper, of the alternate sites that are being
offered in exchange for the Naval property so that the community know what we
are doing. And I also Mr. Vice Mayor, would like to suggest that we hear
what's being presented and that we table this until this afternoon for a vote.
And my reason is, it's no sense in having two people not here, and tell them
Miller Dawkins said it, and an issue like this is being voted on, and when the
public get up and on to say, hey, I wasn't there, you can't blame me. This is
too... like J.L. played it, this is an important decision and the time for
everybody to stand up and be counted. Now that's my opinion.
Vice Mayor Plummer: Your suggestion to continue it to the afternoon would be
accomplishing the vote of the other two? Is that...?
Commissioner Dawkins: Yes. No, I am not interested in the vote, I'm
interested in hearing what they've got to say.
Commissioner De Yurre: Seems fair enough.
Commissioner Dawkins: Sure it is. Why should we sit here...
Vice Mayor Plummer: Well, no, the only reason I am even hesitating is this
amount of people that are here, that are interested.
Commissioner Dawkins: No, no, I want to hear them, OK? - and 1 don't mind
voting on it now, OK? But reopen it this afternoon and let the other two
Commissioners put their say on record. I have no problem with that.
Vice Mayor Plummer: I have never known a Commissioner around here that didn't
have that right, or they took that right. May I suggest that we do this, that
we go ahead...
Commissioner Dawkins:
ahead.
Vice Mayor Plummer:
that we pass this
Commissioners this
opportunity.
You've been here long enough to make a suggestion, go
Longevity, yes, gives you the reason. I would suggest
now with a proviso that if any of the other two
afternoon, wish to reopen that we give them that
23 September 26, 1991
U
t
Commissioner Dawkins: No, see, you're putting me in a very compromising
position.
Vice Mayor Plummer: That's not my intent at any time.
Vice Mayor Plummer: Let's say it for the sake of discussion, that we pass
this and then everybody say, we buckled in to the - which I have no problem
with, to the Coconut Grove Homeowners and the other two, if they vote not to,
we've already passed it. The two votes won't mean nothing because it already
passed, but you're on both sides of the fence.
Vice Mayor Plummer: No, I'd be on the winning side of the fence.
Commissioner Dawkins: So now, I won't... no, I can't go for that J.L. I
can't buy that.
Vice Mayor Plummer: OK. All right. Carter.
Mr. McDowell: Yes, sir.
Vice Mayor Plummer: The absence of one vote who will not vote this morning
favorably, by law...
Commissioner Dawkins: No, I would vote favorably, but I will vote... OK, let
me say this. I will make a motion... let me get us out of this.
Vice Mayor Plummer: Here we go.
Commissioner Dawkins: I'll make a motion to pass this in principle, to be
further discussed at a public hearing and if it passes this morning, that it
be reopened for discussion only this afternoon by the other two Commissioners.
Now, according to the Clerk, they would have to reopen the discussion for the
fact of voting. Is that right?
Vice Mayor Plummer: Reconsideration.
Commissioner Dawkins: But they do not have to reopen it to say a statement.
Vice Mayor Plummer: That's correct.
Ms. Matty Hirai: If the vote is going to be reconsidered, we would need to
make a motion to reconsider the item.
Commissioner Dawkins: Yes, but the two would have to make a motion to
reconsider?
Vice Mayor Plummer: Well I think Miller, to be honest with you, and now let
me play politics for a minute.
Commissioner Dawkins: You haven't been doing that all morning?
Vice Mayor Plummer: Never.
24 September 26, 1991
Commissioner Dawkins: OK. No problem.
Vice Mayor Plummer: I think that both of my colleagues who are not present
this morning would want to be on the record, so we would reconsider giving
them the opportunity to add to that strong voice of the three that are here
present now. If I were not here, I would want it be on record that I
strongly support this...
Commissioner Dawkins: Or strongly oppose it.
Commissioner De Yurre: So we're just going to take a vote in principle and
then formally vote on it in the afternoon.
Vice Mayor Plummer: That's correct, sir.
Commissioner Dawkins: See, what I am trying to do is... what all of us are
trying to do is to avoid, those who took time off from their jobs and their
businesses or what have to be here, from coming back this afternoon.
Vice Mayor Plummer: We sure don't want...
Commissioner Dawkins: If it's passed, you know it's passed, so whatever is
said, it can't be changed. So, that's all I am trying to do.
Commissioner De Yurre: Oh, yes. It can be changed.
Vice Mayor Plummer: And we don't want any resolution going forward where
somebody will ask the question, why didn't the other two vote.
Mr. McDowell: We appreciate that. The only thing that I would also point out
is that this resolution does not authorize the transfer of property to any
property to any one. It simply commits the City to working cooperatively to
see if we can put together a deal, to be perfectly blunt, and it would have to
come back to you anyway.
Vice Mayor Plummer: Well, and one other thing... that's correct.. is that any
site that finally came down to the analysis would have to be a public hearing
before this Commission anyhow.
Mr. McDowell: Absolutely.
Mr. Odio: Just for the record.
Vice Mayor Plummer: Mr. Manager.
Mr. Odio: The meeting is at 9:00 a.m. on Wednesday October 2nd, and it's Pat
Bailey and Joe Grimshaw, GSA Atlanta.
Vice Mayor Plummer: Where will that meeting be?
Mr. Odio: They will be here in my conference room.
Vice Mayor Plummer: In where?
25
September 26, 1991
461�
Mr. Odio: Upstairs.
Vice Mayor Plummer: All right, sir.
Commissioner De Yurre: Let me just add, J.L...
Vice Mayor Plummer: Victor.
Commissioner De Yurre: ... that when news first broke about this situation, I
believe the first one to speak against homeless coming into this area, was
myself, and I was quoted in the paper. Because I felt that it wasn't
appropriate for the area. By the same token, the same safeguards that I
applied in that decision making process, I will apply based on your
recommendations as to alternative sites. I will not trade off the residents
of Coconut Grove for the residents of another area. And I want to state, so
you'd better be very careful as to what... at least for my vote, as to what
property we are dealing with.
Commissioner Dawkins: No, and I would like to Victor, too put into the record
because when your read it, it's not what was said or what was thought, you
have some people sitting out here in favor of this who were down here just as
strongly against putting Beckham Hall in that neighborhood. So this isn't a
matter of people coming, shifting the blame, it's people coming trying to
protect their neighborhood. And they have been... Bob himself knows, that
many homeowner groups have supported each group who came down here to protect
their neighborhood. Is that right? So, this is not in my yard, but in yours.
This is a "not in the City of Miami" period.
Vice Mayor Plummer: Well, but I don't think and let me go on the record,
Commissioner, I don't think that anyone would be so close-minded that if a
site was suitable somewhere out of the City and it was agreeable to that
organization, that in fact it would not be acceptable. As I said before and I
have given now the name to the Manager which I don't want to make public at
this time, that if in fact a hospital would be a suitable site for this
organization, it is for sale, it could be available, and it might be exactly
what they want. It's not in the City but I don't think that we are so bound
that if that site were to be suitable and we can do the necessary financial
obligations, that it couldn't be acceptable. So I just... I understand what
you are saying.
Commissioner Dawkins: I could accept that J.L., if I had not been sitting
here and observed the behavior of Coral Gables, Key Biscayne, Bat Harbour,
Hialeah, you name it. And Mr. Manager, put in the record what you observed
from the City of Miami Beach, what they were doing with their homeless. Put
that in the record now, please.
Mr. Odio: Oh, I had reports in the past until it was confirmed that we had
Miami Beach police cars picking up homeless in Miami Beach and dropping them
off in Bicentennial Park or under the expressway. And that continued on
until, I think it was three weeks ago, when I had to call the City Manager
over there and remind her some things.
Commissioner Dawkins: And all of the media, all they've said constantly is,
this is Miami's problem. Miami, Miami, Miami.
26 September 26, 1991
Vice Mayor Plummer: I still say the best suitable site is the Biltmore Hotel
in Coral Gables. It's not being used. They have financial problems and I
think that... Jack Eads, right now is the Manager of Coral Gables is ready to
stick another knife in me.
Commissioner Dawkins: But all in all, we, in the City of Miami, I've said it,
and I'll say it publicly here now, they are talking about excess governmental
land, federal government Just decided that they are going to close down part
of Homestead Air Force Base, that's enough land to put the homeless in the
whole State of Florida on, let alone the homeless in the City of Miami. But
everybody must tell you that the services have to be where the people are -
come on, give us a break. The people need the services, the services do not
need the people. So wherever you put the services, then that's where the
people have to go. But nobody wants them. As long as they can keep them in
the City of Miami, they want to hoodwink us and say that all the people have
to be near the services and therefor you have to keep them under the bridge
and we've got to put trailers. Hey, they've got sixteen barracks at Homestead
Air Force Base which we could go down there, put two for the women, two for
the females, three for the married people. You also got hospitalization
available at Homestead Air Force Base, you've got air force medics to help
provide medical care, but nobody is doing like we are doing here, trying to
find a solution. All they are doing is pointing a finger at Miami and saying,
it's Miami's problem. I'll call the vote.
Vice Mayor Plummer: Carter, do you have any concluding statements?
Mr. McDowell: The only thing I would ask is, if it's possible to give us a
time range of when you think this will come back up.
Vice Mayor Plummer: What I am planning on doing since really, our next item
is not until four o'clock, we are going to at the request of the Mayor, defer
item seven until this afternoon. Our regular agenda starts at four, and I am
planning on reconvening this meeting at three thirty to take up item seven,
and I think we can do it at the same time. So time frame is three thirty.
Mr. McDowell: We would be happy to be here just to answer any question. We
appreciate the Commission's support.
Vice Mayor Plummer: All right, sir.
Commissioner Dawkins: All right. OK.
Vice Mayor Plummer: Now there is a motion in principle...
Commissioner Dawkins: To move the resolution by amending it to include the
alternative sites, I so move.
Vice Mayor Plummer: Is there a second? Commissioner...
Commissioner De Yurre: I'll second it but I also want to make a motion that
in case the homeless don't get it, we still have a window with what... the
other group that may get it, you can negotiate with them.
27 September 26, 1991
Vice Mayor Plummer: Well, I think you are leaving all options open.
Mr. Bailey: We will negotiate with the successful applicant, regardless.
Commissioner De Yurre: Whoever the successful applicant is.
Commissioner Dawkins: OK. Then the resolution should read, adding the
alternatives sites and with the provision that the City of Miami will
negotiate with whomever the successful whatever is.
Mr. McDowell: Commissioner, if I may ask one question.
j Commissioner Dawkins: Yes, go right ahead.
Vice Mayor Plummer: Yes.
' Mr. McDowell: Would it not be wise to leave the door open to yet other sites
that have yet to be considered in case any of those three don't work.
Vice Mayor Plummer: I think we are using that amount of latitude.
Commissioner Dawkins: Yes.
Vice Mayor Plummer: OK. Anybody else? Yes, ma'am. You just can't sit
still.
Ms. Mimi Rosenberg: Right.
Vice Mayor Plummer: Come right up to the microphone. We always like to have
bubbly people in the morning to wake us up.
i
Ms. Rosenberg: Thank you.
i
I'
Vice Mayor Plummer: For the record, your name and mailing address, please.
Ms. Rosenberg: My name is Mimi Rosenberg, 2001 Tigertail Avenue. Gentlemen,
I remembered this discussion about the Naval site coming up about fifteen
years ago when my husband was working with the civic community with Stuart
Sorg who suggested that this was an ideal site for an art museum, a handicraft
museum, everything for cultural reasons, and it would be wonderful to have
here. The Commission voted it down. It was never acted upon and I feel that
this has been a desire of many people in the community all these years. And
what the City Commission was busy doing was permitting higher buildings in
Coconut Grove. But I wish that you would all consider the fact that for many
years, a good part of the community would have loved to have had this sort of
i
a focus on cultural things.
r
Vice Mayor Plummer: Thank you, ma'am.
Ms. Rosenberg: Thank you.
Commissioner Dawkins: OK. What you... you wanted to amend the resolution to
include the three identified sites and any other that may become available.
That's the way you want it to read.
28 September 26, 1991
Mr. Mc Dowell: I think that's an appropriate response, yes.
Vice Mayor Plummer: Leave the door open wide.
Commissioner Dawkins: You accept?
Vice Mayor Plummer: OK. Anybody else? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-678
A RESOLUTION DIRECTING THE CITY MANAGER TO WORK
COOPERATIVELY WITH REPRESENTATIVES OF THE COCONUT
GROVE COMMUNITY AND PROVIDERS OF SERVICES TO THE
HOMELESS; DIRECTING THE CITY MANAGER TO IDENTIFY A
SUITABLE ALTERNATIVE PROPERTY FOR USE BY THE PROVIDERS
OF SERVICES TO THE HOMELESS TO EXCHANGE FOR THE
COCONUT GROVE NAVAL RESERVE PROPERTY, AND IDENTIFYING
SEVERAL TENTATIVE ALTERNATE SITES; AUTHORIZING THE
CITY MANAGER TO FILE REQUIRED APPLICATIONS TO TAKE ALL
ACTIONS NECESSARY TO ACQUIRE THE NAVAL RESERVE
PROPERTY LOCATED AT 2610 TIGERTAIL AVENUE, COCONUT
GROVE, MIAMI, FLORIDA, FOR A COMMUNITY -BASED
EDUCATIONAL FACILITY.
(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
Vice Mayor J. L. Plummer, Jr.
NOES: None.
ABSENT: Commissioner Miriam Alonso
Mayor Xavier L. Suarez.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: And I want that... as was stated, the City of Miami has
been trying to obtain that property ever since I've been on the Commission,
which is twelve years. We even offered to exchange certain properties for
that when we found out it was no longer going to be a naval station. So this
is nothing new for the City of Miami to attempt to acquire ownership to that
property. I vote yes.
Vice Mayor Plummer: Carter, I told you we could do it. I vote yes.
29 September 26, 1991
f
Commissioner Dawkins: He didn't do nothing. Don't let him tell you that. He
didn't do anything.
Vice Mayor Plummer: All right. Are there any further matters to come before
this City Commission? Any emergencies items, Mr. Manager? Hearing none, we
will adjourn this meeting until 3:30... I'm sorry, wait a minute, I think, for
the record, do we have to defer item seven?
Commissioner Dawkins: No.
Vice Mayor Plummer: Legally, do you have to defer it?
Ms. Matty Hirai: No, because it's...
Mr. Jones: Because it requires 4/5ths vote.
Ms. Hirai: No.
Vice Mayor Plummer: But do I have to do it officially now?
Mr. Odio: But I mean, I can take it in the afternoon.
Mr. Jones: No, they can take it in the afternoon.
Vice Mayor Plummer: OK. This meeting will reconvene at 3:30 this afternoon.
NOTE FOR THE RECORD: At this point, the
Administration announces that Agenda item 7 will be
tabled until after 3:30 p.m.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
10:07 A.M. AND RECONVENED AT 3:35 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT,
EXCEPT COMMISSIONER ALONSO.
Mayor Suarez: Mr. Vice Mayor, I appreciate your handling the session. I
understand it went exceeding well.
Vice Mayor Plummer: yes, sir.
Mayor Suarez: So much so, that you are ready to move over in this direction
and just...
Vice Mayor Plummer: Not necessarily.
Mayor Suarez: ... kind of handle it from here on until the end of the year.
What is the... where are we, Mr. Manager?
30 September 26, 1991
Vice Mayor Plummer: Mr. Mayor, we have item 7 which was deferred at the
request of your office, and also left the opportunity open for you and
Commissioner Alonso to make your thoughts known on the Dinner Key Naval
Reserve Center. And of course... _
Mayor Suarez: At that time there were three Commissioners present and the
vote was...
Vice Mayor Plummer: It was unanimous - in favor.
Mayor Suarez: ... unanimous. I understand Commissioner Dawkins thought that
it was important that the rest of us express ourselves on it and give us that
opportunity which I appreciate. I support the vote which was I presume, in
support of the resolution drafted by your office.
Vice Mayor Plummer: That is correct, sir.
Mayor Suarez: And if you want to move that, I would be happy to.
Vice Mayor Plummer: Well, I would wait until Commissioner Alonso has...
Mayor Suarez: Oh, OK.
Commissioner Alonso: ... the same opportunity.
Mayor Suarez: Yes. As to myself, I support that vote.
8. REFER TO CODESIGNATION REVIEW COMMITTEE, WITH FAVORABLE RECOMMENDATION
FROM THE COMMISSION, THE POSSIBILITY OF IDENTIFYING THE STREET ADJACENT
TO THE SQUARE BEHIND THE COURTHOUSE AND FLORIDA BAR BUILDING IN HONOR OF
FORMER CHIEF DEPUTY CITY ATTORNEY ROBERT F. CLARK.
Vice Mayor Plummer: Mr. Mayor, may I make a motion at this time. I think it
will be noncontroversial. A motion directing the City Manager to instruct the
Public Works Director to schedule at the next Codesignation Committee meeting,
discussions and recommendations concerning the designation of a suitable
available and appropriate public right-of-way to honor former Chief Deputy
City Attorney, Robert F. Clark, I so move.
Mayor Suarez: So moved.
Vice Mayor Plummer: Come on Miller, it's not controversial.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded, Commissioner Dawkins.
Vice Mayor Plummer: And just to the Manager, it has been recommended that
possibly that new square that has been developed behind the courthouse and
the Florida Bar building might be the most suitable.
31 September 26, 1991
Mayor Suarez: Call the roll, please.
The following motion was introduced by Vice Mayor Plummer, who moved its
adoption:
MOTION NO. 91-679
A MOTION OF THE CITY COMMISSION REFERRING TO THE
CODESIGNATION REVIEW COMMITTEE, WITH A POSITIVE
RECOMMENDATION, POSSIBLE CODESIGNATION OF THE STREET
LOCATED ADJACENT TO THE SQUARE BEHIND THE COUNTY COURT
HOUSE AND FLORIDA BAR BUILDING IN HONOR OF FORMER
CHIEF DEPUTY CITY ATTORNEY ROBERT F. CLARK.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miriam Alonso.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: With the understanding that, choose a site and come
back and let me know. Don't take J.L. Plummer's suggestion.
Vice Mayor Plummer: Dirty devil.
------------------------------------------------------------------------------
9. WAIVE CITY CODE PROHIBITION (SECTION 2-302) AS IT APPLIES TO ARSENIO
MILIAN (PRESENTLY SERVING ON THE ZONING BOARD) RELATING TO HIS TEMPORARY
EMPLOYMENT WITH CH2M HILL SOUTHEAST, INC., ASSISTING THE CITY IN
PREPARATION OF NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
PERMIT APPLICATION FOR SUBMITTAL TO U.S. ENVIRONMENTAL PROTECTION AGENCY
(EPA) .
------------------------------------------------------------------------------
Mayor Suarez: Item 7. Commissioners, Mr. Milian, I presume all of us know
him. He needs a 4/5ths vote. Is that under the code for a waiver?
Mr. Jones: Yes. Yes, it is, Mr. Mayor.
Mayor Suarez: If anybody is inclined to vote against that or has questions,
then you might want to state it, otherwise, we can vote on it. Otherwise, we
wait for Commissioner Alonso. I can't imagine it would be controversial, but
if it is, I...
September 26, 1991
32
Vice Mayor Plummer: Well, just to clear the record, Mr. City Attorney..,
Commissioner De Yurre: Is he supporting J.L.?
Vice Mayor Plummer: Uh?
Commissioner De Yurre: Is he supporting you?
Vice Mayor Plummer: Is he? I don't know. Is he supporting... I'll check.
Commissioner Dawkins: Well, I hope not.
Vice Mayor Plummer: Mr. City Attorney, on the record, I am assuming, it
appears here you have gone through it and there is no conflict of interest.
Mr. Jones: There is no conflict of interest, Mr. Plummer.
Vice Mayor Plummer: I move it, Mr. Mayor.
Mayor Suarez: So moved.
Commissioner Dawkins: No, why? It was already moved. Why must he move it
again?
Vice Mayor Plummer: Oh, who moved it. I second it.
Commissioner Dawkins: Or Mr. De Yurre. Oh, thank you.
Mayor Suarez: Right. Any discussion? If not, please call the roll.
Vice Mayor Plummer: I third it. I'll vote against it.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 91-680
A RESOLUTION WAIVING BY 4/5THS AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, AFTER A DULY
ADVERTISED PUBLIC HEARING, THE PROHIBITION CONTAINED
IN CITY CODE SECTION 2-302 AS SUCH PROHIBITION APPLIES
TO ARSENIO MILIAN, WHO SERVES ON THE CITY'S ZONING
BOARD, IN RELATION TO HIS TEMPORARY EMPLOYMENT WITH
THE FIRM OF CH2M HILL SOUTHEAST, INC. WHICH IS
PRESENTLY PROVIDING PROFESSIONAL SERVICES TO THE CITY
FOR THE PREPARATION OF THE NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM PERMIT APPLICATION FOR
THE SUBMITTAL TO THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
33 September 26, 1991
El
Upon being seconded by Vice Mayor Plummer, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miriam Alonso.
------------------------------------------------------------------------------
10. COMMISSIONER DAWKINS PROTESTS ABOUT THE TIMING ASSIGNED TO DIFFERENT
SECTIONS OF TODAY'S AGENDA.
------------------------------------------------------------------------------
Mayor Suarez: Item... which is the next item logically that we can take?
Vice Mayor Plummer: None. We can't take anything now until four o'clock.
Commissioner De Yurre: OK. See you guys later.
Mayor Suarez: Not anything left over?
Vice Mayor Plummer: No, the only other matter pending is in fact the Coconut
Grove, and we are really waiting for Commissioner Alonso to come back and
express her thoughts. And we only started at 3:30 p.m. to take care of those
two matters so that we didn't run into budget.
Commissioner Dawkins: Wait a minute.
Vice Mayor Plummer: Zoning starts at 4:00 p.m.
Mayor Suarez: Everything else is scheduled at five and zoning at four. We
will then be recessed until 4:00 p.m. Thank you.
Vice Mayor Plummer: You run a quicker meeting than I did.
Commissioner Dawkins: You know, who drew up this agenda?
Vice Mayor Plummer: Stole my thunder.
Mayor Suarez: Not the most artful agenda ever in history, I'll tell you that.
Commissioner Dawkins: Who drew up this agenda, Mr. Manager?
Mr. Odio: Who drew up the agenda?
Commissioner Dawkins: Yes.
34 September 26, 1991
Vice Mayor Plummer: There were three guys up in this corner that were drunk
one night and they had nothing better to do than...
Mr. Odio: We did.
Commissioner Dawkins: I would like to recommend that you do not foul up my -
day for five thousand dollars a year, like you did today. OK? You brought me
in here at nine o'clock this morning, then at ten thirty you tell me to go
home, I go home at ten thirty, you tell me to come back at three thirty, I go
back at three thirty and now the Mayor tells me to go home until four o'clock.
Mr. Odio: We miscalculated the amount of talk that would have been held here w
this morning, but since there were only three of you, it went very fast, so.
That's what... I don't want to say what I am thinking.
Mayor Suarez: I think the key is the Vice Mayor Plummer has to preside that
way, he talks less. All right. We will be back at 4:00 p.m. We are recessed
until then.
_ THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 3:39
P.M. AND RECONVENED AT 4:03 P.M., WITH ALL MEMBERS OF
THE CITY COMMISSION FOUND TO BE PRESENT EXCEPT
COMMISSIONER ALONSO.
NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES
CONSIDERATION OF REGULAR AGENDA ITEMS TO CONSIDER
ITEMS FROM THE PLANNING AND ZONING PORTION OF THE
AGENDA.
i
11. SECOND READING ORDINANCE: AMEND 11000 ATLAS - CHANGE DESIGNATION AT 31
TAMIAMI CANAL ROAD FROM R-1 SINGLE FAMILY RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL (Applicant: Planning, Building & Zoning Dept.).
Mayor Suarez: PZ-1.
i
Vice Mayor Plummer: I think Commissioner De Yurre has gone over to pick up
Commissioner Alonso to bring her back.
i
i Mayor Suarez: In the meantime, we go to PZ-1, second reading.
1
Mr. Guillermo Olmedillo: PZ-1 Mr. Mayor and Commissioners, is a second
reading. It's a zoning change...
Vice Mayor Plummer: Move it.
i
i 35 September 26, 1991
j
L
Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded. Does anyone wish to be heard on PZ-1? Let
the record reflect no one stepped forward. Read the ordinance, please. Call
the roll.
AN ORDINANCE -
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 31 TAMIAMI CANAL ROAD, MIAMI, FLORIDA
(MORE PARTICULARLY DESCRIBED HEREIN), FROM R-1 SINGLE
FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL; BY
MAKING FINDINGS; BY MAKING ALL NECESSARY CHANGES ON
PAGE NO. 29 OF SAID ZONING ATLAS; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of July 25th 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
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miriam Alonso.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10915.
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.
36 September 26, 1991
12. SECOND READING ORDINANCE: AMEND 11000 ATLAS - CHANGE DESIGNATION AT
1820-2010 S.W. 17 AVENUE AND 1700-1753 S.W. 19 STREET (BOTH SIDES) FROM
R-2 TWO FAMILY RESIDENTIAL TO R-3 MEDIUM DENSITY MULTI -FAMILY
RESIDENTIAL AND G/I GOVERNMENT AND INSTITUTIONAL (Applicant: Planning,
Building & Zoning Dept.).
Mayor Suarez: PZ-2, companion item.
Mr. Guillermo Olmedillo: PZ-2. No, sir.
Vice Mayor Plummer: Move it.
Mr. Olmedillo: This is for property located on SW 17 Avenue. It is a second
reading also.
Mayor Suarez: OK. Is anyone here to be heard on item PZ-27 Let the record
reflect that no one stepped forward.
Vice Mayor Plummer: Move it.
Mayor Suarez: It's been moved by Vice Mayor. Would someone, Officer, please
help the man identify a seat that's not being used by the City Clerk. Yes,
except that one is being used I think, by the City Clerk and her staff. Well,
we've got other seats for you. We've got plenty of seats. At least, we do
now. Read the ordinance, please. Call the roll.
AN ORDINANCE
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 1820-2010 SOUTHWEST 17TH AVENUE; 1700-
1753 SOUTHWEST 19TH STREET (BOTH SIDES), MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM R-2
TWO FAMILY RESIDENTIAL TO R-3 MEDIUM DENSITY MULTI-
FAMILY RESIDENTIAL AND G/I GOVERNMENT AND
INSTITUTIONAL; BY MAKING FINDINGS; BY MAKING ALL
NECESSARY CHANGES ON PAGE NO. 39 OF SAID ZONING ATLAS;
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of July 25, 1991,
was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor Plummer, seconded by Commissioner Dawkins, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
37 September 26, 1991
El
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miriam Alonso.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10916.
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.
------------------------------------------------------------------------------
13. SECOND READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND USE MAP -
CHANGE LAND USE DESIGNATION FOR AREA BOUNDED BY N.W. 10 AND it STREETS,
BETWEEN I-95 RIGHT-OF-WAY (R-O-W) AND N.W. 4 COURT FROM MEDIUM DENSITY
MULTI -FAMILY RESIDENTIAL TO MAJOR PUBLIC FACILITIES, TRANSPORTATION AND
UTILITIES (Applicant: Planning, Building & Zoning Dept.).
Mr. Olmedillo: PZ-3 and PZ-4 are companion items.
Vice Mayor Plummer: Move 3.
Mayor Suarez: Item 3 has been moved. Do anyone wish to be heard on item PZ-
3? Let the record reflect that no one stepped forward. It's been moved.
Seconded by Commissioner De Yurre.
Mr. Olmedillo: For the record, recommend...
Mayor Suarez: Yes.
Mr. Olmedillo: The recommendations of the board, Planning Board and both the
Planning & Zoning Department is for approval also.
Vice Mayor Plummer: I read very well.
Mr. Olmedillo: Thank you.
Mayor Suarez: Read the ordinance. Call the roll.
38 September 26, 1991
AN ORDINANCE -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR THE
AREA BOUNDED BY NORTHWEST LOTH AND 11TH STREETS,
BETWEEN I-95 RIGHT-OF-WAY AND NORTHWEST 4TH COURT,
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN),
BY CHANGING THE LAND USE DESIGNATION OF THE SUBJECT
PROPERTY FROM MEDIUM DENSITY MULTI -FAMILY RESIDENTIAL
TO MAJOR PUBLIC FACILITIES, TRANSPORTATION AND
UTILITIES; MAKING FINDINGS; INSTRUCTING THE CITY CLERK
TO TRANSMIT A COPY OF THIS ORDINANCE TO AFFECTED
AGENCIES; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
Passed on its first reading by title at the meeting of April 25, 1991,
was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor Plummer, seconded by Commissioner De Yurre, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miriam Alonso.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10917.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
14. SECOND READING ORDINANCE: AMEND 11000 ATLAS - CHANGE DESIGNATION OF
AREA BOUNDED BY N.W. 10 AND 11 STREETS BETWEEN 1-95 RIGHT-OF-WAY (R-O-W)
AND N.W. 4 COURT FROM R-3 MEDIUM DENSITY MULTI -FAMILY RESIDENTIAL TO G/I
GOVERNMENT AND INSTITUTIONAL (Applicant: Planning, Building & Zoning
Dept.).
Mayor Suarez: PZ-4 is companion item.
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved. Seconded, Commissioner Dawkins.
39 September 26, 1991
t,
Commissioner Dawkins: Planning Board recommended denial. Why?
Mr. Olmedillo: Excuse me, sir?
Mr. Sergio Rodriguez:
Commissioner Dawkins:
Denial, why?
The Planning Board recommended denial, why?
Mayor Suarez: PZ-4.
Commissioner Dawkins: Oh, that's five. No, I was on five. No problem.
Mayor Suarez: All right.
Commissioner Dawkins: Call the roll.
Mayor Suarez: Anyone wish to be heard on item PZ-4? Let the record reflect
no one stepped forward. Please call the roll.
Vice Mayor Plummer: Read the ordinance.
Mr. Jones: The ordinance has to be read, sir.
Mayor Suarez: Thank you. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 1100, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY CHANGING THE ZONING
CLASSIFICATION OF THE ARE BOUNDED BY NORTHWEST LOTH
AND 11TH STREETS BETWEEN I-95 RIGHT-OF-WAY AND
NORTHWEST 4TH COURT, MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN), FROM R-3 MEDIUM DENSITY MULTI-
FAMILY RESIDENTIAL TO G/I GOVERNMENT AND
INSTITUTIONAL; BY MAKING FINDINGS; AND BY MAKING ALL
NECESSARY CHANGES ON PAGE NO. 23 OF SAID ZONING ATLAS;
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of April 25, 1991,
was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor Plummer, seconded by Commissioner Dawkins, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
40 September 26, 1991
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miriam Alonso.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10918.
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.
------------------------------------------------------------------------------
15. FIRST READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND USE MAP -
_ CHANGE LAND USE DESIGNATION AT 283 N.W. 35 STREET FROM MEDIUM DENSITY
MULTI -FAMILY RESIDENTIAL TO GENERAL COMMERCIAL (Owner/Applicant: Robert
McCanna Reilly, Trustee for Robert McCanna Reilly and Mary Sabot Reilly
Trust).
------------------------------------------------------------------------------
Mayor Suarez: PZ-5.
Mr. Olmedillo: PZ-5 and PZ-6 are companion items. PZ-5 is the plan amendment
from medium density multi -family to general commercial and PZ-6 is from part
3, multi family to C-2 liberal commercial. The Planning Department has
recommended denial. The Planning Advisory Board recommended approval and the
Zoning Board recommended approval of the item.
Commissioner Dawkins: Why did the Planning Advisory Board... why did you
recommund denial?
Mr. Olmedillo: Commissioner, we felt it was an intrusion into the residential
area because this is one residential lot to the south of 36th Street. The
boards... both Planning Advisory Board and Zoning Board recommended approval.
Commissioner Dawkins: Where is that on the map? That one piece of property
there?
Mr. Olmedillo: Yes, sir. The one in yellow.
Commissioner Dawkins: And the street with the broken line in it, that's 36th
Street?
Mr. Olmedillo: Thirty-sixth Street is to the north. The applicant owns the
property...
Commissioner Dawkins: All right, what's that... so that's thirty -forth street
with the broken line in it?
41 September 26, 1991
W'
40,
Mr. Olmedillo: No, that will be thirty-fifth.
Commissioner Dawkins: Thirty-fifth?
Mr. Olmedillo: Right. The applicant owns the property which is shaded in
blue on the north side of the property. And they have a parking lot on the
south. They were cited, they came into compliance, they stopped parking cars
there, they claim that they have been parking cars for in excess of ten years,
and they are requesting the zoning change. We think it is an intrusion into
the residential area.
Mayor Suarez: Is there anyone here to be heard on item PZ-5? - other than...
you are the applicant here, Mr. Reilly?
Mr. Robert McCanna Reilly: Yes, sir.
Mayor Suarez: Let me just check, because we are going to have to swear you in
if it is going to be an item that is going to require... OK. I think you are
OK. You've got the prayers of Monsignor McMertry, I know that, who called
from...
Mr. Reilly: Thank you.
Mayor Suarez: Does anyone want to move the item?
Commissioner De Yurre: Move.
Mayor Suarez: Thank you.
Vice Mayor Plummer: Second.
Mayor Suarez: Second. Any discussion? If not, read the ordinance. Call the
roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR THE
PROPERTY LOCATED AT APPROXIMATELY 283 NORTHWEST 35TH
STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN), BY CHANGING THE LAND USE DESIGNATION OF THE
SUBJECT PROPERTY FROM MEDIUM DENSITY MULTI -FAMILY
RESIDENTIAL TO GENERAL COMMERCIAL; MAKING FINDINGS;
INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS
ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
Was introduced by Commissioner De Yurre and seconded by Vice Mayor
Plummer and was passed on its first reading by title by the following vote:
42 September 26, 1991
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miriam Alonso.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
16. FIRST READING ORDINANCE: AMEND 11000 ATLAS - CHANGE DESIGNATION AT 283
N.W. 35 STREET FROM R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL WITH AN
SD-12 SPECIAL BUFFER OVERLAY DISTRICT TO C-2 LIBERAL COMMERCIAL
(Owner/Applicant: Robert McCanna Reilly, Trustee for Robert McCanna
Reilly and Mary Sabol Reilly trust).
Mayor Suarez: PZ-6, companion item.
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Any discussion? Does anyone wish to be heard on this
item? Let the record reflect no one stepped forward other than the applicant.
Please, read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FROM R-3 MULTI -FAMILY MEDIUM DENSITY
RESIDENTIAL WITH AN SD-12 SPECIAL BUFFER OVERLAY
DISTRICT TO C-2 LIBERAL COMMERCIAL FOR THE PROPERTY
LOCATED AT 283 NORTHWEST 35 STREET, MIAMI FLORIDA
(MORE PARTICULARLY DESCRIBED HEREIN), AND BY MAKING
ALL THE NECESSARY CHANGES ON PAGE NO. 21 OF SAID
ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Vice Mayor Plummer and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote:
43 September 26, 1991
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miriam Alonso.
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: Tell your attorney that whatever fees you are going to pay her
to please donate them to the City, to our Parks fund or something, sir.
Unidentified Speaker: I know she will gladly do that.
Mayor Suarez: Yes, but we do want... if you do pay her anything for today's
appearance or nonappearance, and we love her, know her as the former City
Attorney, but to make sure she gives the money over to some charity, because
she sure wasn't here today.
NOTE FOR THE RECORD: At this point, it was announced
that the second reading of the ordinance concerning
houseboats and housebarges would be scheduled for the
October 24th Commission meeting.
17. VACATE AND CLOSE PORTION OF N.W. 18 AVENUE, APPROXIMATELY 127.86' NORTH
OF NORTH RIGHT-OF-WAY (R-O-W) LINE OF N.W. 23 TERRACE, FOR DISTANCE OF
157.99', PLUS CUL-DE-SAC, AS A CONDITION OF APPROVAL OF TENTATIVE PLAT
#1400: AMENDED PLAT OF COMSTOCK ELEMENTARY SCHOOL (Owner/Applicant:
Dade County School Board).
Mayor Suarez: PZ-7, street closure.
Vice Mayor Plummer: This is on a school which we agreed to. I move it.
Mayor Suarez: So moved.
Commissioner Dawkins: What did we agree to this?
Vice Mayor Plummer: On Comstock.
Commissioner Dawkins: Comstock?
44
September 26, 1991
E
Vice Mayor Plummer: Yes.
Commissioner Dawkins: What are we closing? What are we vacating?
Chief Huddleston: Chief Huddleston, Fire Department. Mr. Mayor,
Commissioners, I believe at the meeting, we were to be submitted a site plan
so that we could take a look at exactly what was proposed on that cul-de-sac
that was going to be closed and it's my information as of today, we haven't
received that.
Vice Mayor Plummer: Move it subject to the site plan being submitted to the
Fire Department with their approval.
Mayor Suarez: So moved. Seconded. Discussion, Commissioner Dawkins? You're
satisfied? All right. Any further discussion? If not, please call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-681
A RESOLUTION, WITH ATTACHMENT, OFFICIALLY CLOSING,
VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE
OF THAT PORTION OF NORTHWEST 18TH AVENUE LOCATED PLUS
OR MINUS 127.86' NORTH OF THE NORTH RIGHT-OF-WAY LINE
OF NORTHWEST 23 TERRACE FOR A DISTANCE OF PLUS OR
MINUS 157.99' PLUS CUL-DE-SAC WHICH IS LOCATED AT 2420
NORTHWEST 18 AVENUE, MIAMI, FLORIDA; ZONED GI
GOVERNMENT AND INSTITUTIONAL; SUBJECT TO THE APPROVAL
OF THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION
SERVICES; SAID CLOSURE, ABANDONMENT AND DISCONTINUANCE
BEING A CONDITION TOGETHER WITH ALL RECOMMENDATIONS OF
THE PLAT AND STREET COMMITTEE, FOR THE APPROVAL OF
TENTATIVE PLAT NO. 1400 - "AMENDED PLAT OF COMSTOCK
ELEMENTARY SCHOOL".
(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
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miriam Alonso.
45 September 26, 1991
Mayor Suarez: Mr. Levine, that was your item? They are not usually this
good, are they?... this easy, are they?
Mr. Levine: I won't comment.
Vice Mayor Plummer: No, I think I want you to be aware what cooperation
means.
Mayor Suarez: Yes, very important. Remind them that we are still waiting for
a totally different policy matter. We are still waiting, at least, I am, to
have any linkages as to - Guillermo, thank you. Mr. 0lmedillo, thank you. -
as to the whole Capital Improvement Plan, those of us that supported it. I
think it was everybody in this Ccmnission, the bonds, you know, it will be
nice every once in a while to call us and let us know what you plan to do with
the billion dollars. All right.
Mr. Levine: Yes, sir.
18. GRANT APPEAL BY NORMAN BRAMAN - REVERSE DECISION OF HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD WHICH DESIGNATED THE RYAN/FRANKLIN
MULLOY MOTOR COMPANY (BRAMAN BMW -ROLLS ROYCE), AT 2020 BISCAYNE
BOULEVARD) AS A HISTORIC SITE.
Mayor Suarez: Item PZ-8. Appeal of Historic Designation. Is this an item
that if we are going to hear argument on, we need to swear in...?
Commissioner Dawkins: No, I don't think so. Any opposition? Move it.
Commissioner De Yurre: Second it.
Mayor Suarez: OK. Moved and seconded.
Mr. Stephen Helfman: Mr. Mayor.
Mayor Suarez: If you need a clarification...
Commissioner Dawkins: denial...
Mr. Helfman: I do. Just prior to the vote...
Mayor Suarez: Then we probably have to swear you in, Steve.
Commissioner Dawkins: Then, I change my vote.
Mr. Helfman: OK. I just need to submit into evidence a copy of the City's
own designation report which was omitted from your package, but I
personally...
i'
Mayor Suarez: You mentioned that in a...
!t
e�
i
- 46 September 26, 1991
tom,
Mr. Helfman: I hand delivered it to you all prior to the meeting.
Mayor Suarez: All right. We submit that into the record and presumably don't
need to swear you in for submission into the record. There is no question of
the veracity of a procedural matter like that. All right? We have a motion
and a second. Any further discussion? If not, you're going to lose
Commissioner Dawkins' vote. Call the roll.
Commissioner Dawkins: We're voting to deny the historic preservation request,
is that right?
Ms. Louise Yarbrough: Excuse me, please.
Mayor Suarez: Oh yes, I'm sorry.
Ms. Yarbrough: Is there an opportunity for someone to speak?
Commissioner Dawkins: Yes, ma'am.
Mayor Suarez: Yes, but I thought I had clarified... I had asked if anyone
else to be heard. Obviously, there are. So I need now, I think, to swear
everybody in. Is that correct, Mr. Maxwell?
Mr. Joel Maxwell: Yes, sir.
Mayor Suarez: OK. Please swear in, including counselor... Manuel, are you
going to speak to this issue? Please raise your right hand and be sworn in.
Anyone else is going to be speaking to PZ-8? OK.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mayor Suarez: OK, please, name and address, and state your position.
Ms. Yarbrough: My name is Louise Yarbrough, I am executive director of Dade
Heritage Trust. Do you need that address or my home address, or is that
sufficient?
Vice Mayor Plummer: You mailing address.
Commissioner Dawkins: Either one you wish to give us.
Mayor Suarez: Your preference.
Ms. Yarbrough: One ninety SE 12 Terrace, Miami. I am here in support of
keeping the designation for the Braman Building. It is a... well, it may not
be a Freedom Tower or Vizcaya, or one of the more significantly...
Mayor Suarez: Well, we agree so far.
Ms. Yarbrough: ... beautiful architectural buildings. It is a very important
contributing factor of the Biscayne development. It's a 1927 building that
has been used continually as an auto showroom, and it contributes to the scale
and proportion that the Biscayne Company developed for the new shopping center
47 September 26, 1991
that they had proposed. It can be and could be used in the redevelopment of
this area. I know the proposed plans call for a demolition for building of a
new showroom, but with historical preservation tax credits and so forth, there
are funds available that can be used to rehabilitate...
Mayor Suarez: OK. That's what I was going to ask you. Can you think of any
way in which historic preservation, other than delaying six months, any
demolition, et cetera, would actually help to preserve this property? Do you
have any funds identified somewhere? I thought the tax credits were no longer
available, but maybe, you can tell me otherwise.
Ms. Yarbrough: No. There are tax credits available, and I know it has to go
through a 106 review of the State, because it is a designated site. And there
have been I think, quite a number of opportunities that could be presented
and...
Mayor Suarez: You mean tax credits, not tax exemptions? I mean, you actually
get the money from the federal government?
Ms. Yarbrough: As well as I understand it.
Mayor Suarez: OK, because I know that...
Ms. Yarbrough: I am not a tax person, I just... I know the availability of
these situations, and I do know that Mr. Braman has secured a, you know,
significant deal in redeveloping his whole area. And we are very strongly in
support in these buildings remaining as historic sites.
Mayor Suarez: OK.
Ms. Yarbrough: We do have the National Trust Conference coming to Miami in
1992, and we'd sure like to have something to show them. So, we'd
appreciate...
Mayor Suarez: The problem is that the conference is great and we will show
them things like the Freedom Tower and the Vizcaya, and some of the other ones
that have in fact been restored, but in the meantime, to just designate
something to show them the designation when...
Ms. Yarbrough: No, no, I think you may have a misconception. One of the
primary focuses that preservation efforts deal with today are preservation of
neighborhoods, and of contributing factors to the development of a community,
and these buildings that have been here from the inception of the community,
which is for our young community is in the twenties, most of them have been
here are from the twenties.
Mayor Suarez: I get the argument. It's interesting that there is a sort of
inherent value in something that was built with the architecture of the
twenties. The problem is, if there is no money to preserve, restore, and
beautify and enhance it, that doesn't help us at a11. It gains only six
months I think to...
Ms. Yarbrough: Well, my question is, if there is no money to preserve, or
enhance, or restore a historic building, why is there money to demolish and
you know, impact...
48 September 26, 1991
Mayor Suarez: Oh, you mean, the owner's money? Oh, they decide what to do
with that, we don't.
Ms. Yarbrough: Well, I know that.
Mayor Suarez: Presumably on economic... We can't tell them what to do with
their money.
Ms. Yarbrough: I understand that, and I can't tell someone what to do with
his money either, but...
Mayor Suarez: But, I mean...
Ms. Yarbrough: ... you could give us an opportunity to work with him and to
possibly...
Mayor Suarez: A six month delay is essentially what you get.
Ms. Yarbrough: Exactly.
Mayor Suarez: And in those six months you may or may not identify... I
thought you might have some idea, and if you did, you gave us one on tax
credits, and I have a feeling that Mr. Helfman might answer that.
Ms. Yarbrough: Well, you know, I think it is an opportunity. Six months is
not a very long period of time, but it does offer an opportunity for
communication to take place and for alternative solutions to be suggested, and
Miami is losing too much too fast. And we would appreciate your...
Mayor Suarez: I particularly disagree with that but, I mean, there are some
structures that the best thing that could happen - I'm not saying this one,
because we haven't got into that issue, the aesthetic value of it, but I mean,
you gave your ideas that it was built in the 1920s and that seemed to satisfy
you.
Ms. Yarbrough: No.
Mayor Suarez: A lot of things were built in he 1920s that don't look all that
hot.
Ms. Yarbrough: Well, I agree with you.
Mayor Suarez: OK.
Ms. Yarbrough: But, you do have an ordinance that protects our heritage and
your support of that ordinance is rather important.
Mayor Suarez: See, you got support from Mary Weber back there.
Ms. Yarbrough: You got it.
Mayor Suarez: The record reflect that. Mr. Gonzalez-Goenaga, sir. Name and
address.
49 September 26, 1991
Mr. Gonzalez-Goenaga: Well... my name is Gonzalez-Goenaga. The issue is, and
I swore that I was going to say the truth, but I do not know if I know the
truth, I am just questioning. Since Mr. Braman is getting a sweet deal with
fifteen million dollars that is being given to him, I think he might as well
consider keeping the historic situation of that area... of that specific
building which is, I think, is where he sells the Cadillacs, right? He should
strongly consider that for the particular reason that he is getting a sweet
deal from the government. And I am for preservation unless I am terribly
convinced that it would not enhance that area. Thank you very much.
Mayor Suarez: Very good. It's like a presumption of preservation that you
would like. Anything else further?
Mr. Maxwell: Mr. Mayor.
Mayor Suarez: Yes.
Mr. Maxwell: Because this is a quasi-judicial hearing, and because the record
reflects that you did not get the designation report until just before the
hearing, I would suggest that you allow staff to indicate on the record the
criteria that they have indicated, makes this property subject to designation,
so that Mr. Helfman or the defendant in this case, the appellant, may have an
opportunity to rebut that. If you will give them just a short opportunity to
do that.
Mayor Suarez: Who is the appellant?
Mr. Maxwell: The appellant is Braman.
Mayor Suarez: OK. There is not any... when you say defendant and appellant,
they are not two...
Mr. Maxwell: I corrected it, sir, it's appellant in this case.
Vice Mayor Plummer: No, there is a list that you have to attach to, and I
think that the department should in fact, because they recommended approval,
correct?...
Mr. Maxwell: Correct.
Vice Mayor Plummer: ... that the staff should say what criteria they used in
recommending approval, and put it on the record.
Mr. Maxwell: Yes, sir, that is correct.
Mayor Suarez: But that's not the same thing you referred to as a designation
report?
Vice Mayor Plummer: Yes.
Mayor Suarez: It is? So procedurally, you need to have in the record the
very recommendation that goes against your position?
50 September 26, 1991
Mr. Helfman: I was trying to accomplish I think, the same thing...
Mayor Suarez: All right.
Mr. Helfman: ... as Mr. Maxwell, and that is to protect the record.
Mayor Suarez: Sounds totally backwards to me, but let's go through with it if
that's what the law tells us.
Mr. Helfman: The designation report sets forth each of the criteria that they
are basing their recommendation on.
Mayor Suarez: OK. Sarah.
Mr. Helfman: And I think it's in part of the record.
Mayor Suarez: One quick question before you get into procedural niceties. On
the issue of tax credits, do you know of any such possibility for your client,
or otherwise available in the law?
Ms. Sarah Eaton: I could answer that if I would. There is a twenty...
Mayor Suarez: It wasn't asked of you but, go ahead.
Ms. Eaton: There is a twenty percent investment tax credit available for the
rehabilitation of historic buildings.
Mayor Suarez: A what tax...?
Ms. Eaton: A twenty percent investment tax credit.
Mayor Suarez: Investment tax credit. That credit is against what taxes?
Ms. Eaton: Of federal income tax.
Mayor Suarez: Federal corporate income tax.
Ms. Eaton: Correct. Or any type of income tax.
Mayor Suarez: On what years?
Ms. Eaton: It can be rolled -back for five years, carried forward for five
years, from whenever the building was placed and serviced after
rehabilitation.
Mayor Suarez: And that's so long as there is a State historic preservation? -
or City? - or both? In this case both?
Ms. Eaton: The building would need to be listed...
Mayor Suarez: Have to be in the Federal...
Ms. Eaton: ... in the National Register of Historic Places.
51 September 26, 1991
Mayor Suarez: ... Register... and we haven't done that?
Ms. Eaton: No. The City does not list National Register.
Mayor Suarez: We, meaning the common wheel, all of us. All right, thank you.
Commissioner Dawkins: May I ask a question?
Mayor Suarez: Commissioner Dawkins.
Commissioner D,.akins: What would you say the taxes on that property is now? -
anybody.
Vice Mayor Plummer: A whole lot.
Mayor Suarez: In real estate, or...?
Commissioner Dawkins: Yes, real estate taxes. OK. Whatever it is, if...
Mayor Suarez: Any estimates, at least any estimates?
Commissioner Dawkins: OK, no problem. If the property is improved, would the
taxes increase or decrease, Mr. Helfman? Would the property tax increase?
INAUDIBLE COMMENTS NOT ENTERED INTO THE RECORD.
Mayor Suarez: Please, sir, we are not on that item.
Commissioner Dawkins: Would the taxes increase or decease if we were to
improve this property?
Vice Mayor Plummer: They should increase.
Mayor Suarez: I sure hope they increase.
Commissioner Dawkins: Ma'am, you don't have any idea?
Mr. Eaton: I would assume they would increase. I am not the tax assessor.
Commissioner Dawkins: Al right. So, therefore, we're looking for taxes,
we've got all these people out here saying, don't raise my taxes because I
cannot afford to stand anymore taxes, and yet, we are sitting here debating
about making a building historical, maintaining the tax base as it is, and
perhaps, towering the tax base, and getting less money, but yet, we want to
declare it historical. That doesn't make sense to me.
Mr. Eaton: Mr. Commissioner, historic preservation and development easily go
hand in hand, as they have in may cases in the past. We are very much in
favor of the redevelopment of this property and think it can be accomplished.
Commissioner Dawkins: But you want to redevelop it at your desire without
your putting up any money. The people who are putting up the money, you don't
want to develop it as they want to develop it with their money. And I have a
problem with that.
52 September 26, 1991
Mayor Suarez: The problem with the tax credits by the way, Sarah, is that -
and this is not necessarily a course in federal income taxes, but many many
corporations of this sort in this kind of neighborhood are just not paying any
federal corporate income tax. They are going to try to figure out a way to
have no net profits, and you're lucky if you have any net profits. And if
they do, they're going to try to keep it, somehow, under the cap, the
threshold, so the credit... What you really need, the preservationists, is
what we all need, because we're all preservationists - assuming that this is
worth preserving, we never really got to that, although I guess we're going to
hear now from you on that - is grants. We need some actual hard dollars. And
then I know a lot of these owners would be more interested in doing something
about their properties. But, anyhow, on the designation report, we need your
summary of that, please, in the record, if you would.
Ms. Eaton: On the record, the building meets criteria 3, 5 and 7 set forth in
the historic preservation ordinance. And 1'd be happy to go through the more
detailed...
Mayor Suarez: Whatever is the minimum that we must do under the record, Mr.
City Attorney, please.
Mr. Maxwell: Yes, I would like for her to indicate what 3, 5 and 7 are.
Ms. Eaton: I would like to just summarize the three of them.
Mr. Maxwell: That's fine.
Ms. Eaton: The development of Biscayne Boulevard in the 20's was the most
ambitious single development project in Miami's early history. The Biscayne
Boulevard Company envisioned the boulevard as the new Fifth Avenue of the
south, a new shopping center for greater Miami. The boulevard was carefully
designed for beauty and comfort and was planned to be away from the downtown
area. The developers recognized the increasing importance of the automobile,
and planned for it. This automobile showroom was the Biscayne Boulevard
Company's first building constructed entirely for commercial use on Biscayne
Boulevard. And its construction predated the Cadillac showroom immediately to
the north as well as the Sears Building to the south, both of which were
constructed by the Boulevard Company. The building was the first of many
automobile showrooms on this portion of Biscayne Boulevard that eventually
came to be known as "automobile row." Very few alterations have been made to
the building throughout the years, and it maintains a very high degree of
integrity. The building's pivotal role in the development of Biscayne
Boulevard by the Biscayne Boulevard Company, does make its eligibility for
i designation unquestionable.
s
Mayor Suarez: Maintains a very high degree of integrity.
i
Ms. Eaton: That's correct. Very few alterations have been maintained.
Mayor Suarez: In the very technical sense, I suppose that the buildings look
the same from year to year, I suppose you're si-,ving that it maintains a high
degree of integrity. I guess you mean unifo,mity. I mean, they're all
rundown more or less uniformly.
53 September 26, 1991
Ms. Eaton: The integrity is architectural integrity.
Mayor Suarez: By the way, and it's... Are you finished with those criteria?
Ms. Eaton: Yes.
Mayor Suarez: Here's an interesting one, at least for myself. I don't know
how the rest of my Commission feels. The boulevard shops, I've had occasion
to drive by there, and I have shared my particular feelings already with the
company that owns that property. I think that's worth preserving. I think we
ought to do everything in our power to find some funds. I think we ought to
convince - I'm already trying, myself, personally, and I'm sure some of the
3 other Commissioners might be doing likewise - to convince Knight-Ridder to try
Ji to figure out a way to preserve those. Those are really, really nice looking
now that they've been cleaned up. And that the area around there has been
landscaped a little bit. I can see if some of the other projects get built in
the area that we hope will be built, I can see those being really commercially
viable. And maybe we should busy ourselves with the ones that can be
resurrected and can be maintained. I know that so far they have been, and I'm
not saying my vote would ultimately be that way, but I'm inclined to think
that there really is something there worth preserving. And maybe just a
suggestion on activists on how we can really try to preserve that character of
Biscayne Boulevard to the extent that it was a nice character and still is
somewhat preserved. The Braman property I'm not so sure about. Mary, did you
want to say something quickly?
Ms. Mary Weber: Thank you. I would, but I'm not sworn in. I don't know if
that matters.
Vice Mayor Plummer: Swear her in.
Mayor Suarez: Please swear her in.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Ms. Weber: My name is Mary Weber and I live at 3900 E1 Prado Boulevard in
Coconut Grove. And as a member of the board of directors of Dade Heritage
Trust, I'd also like to remind the Commission that next October, a year from
now, this City is going to have 3,000 visitors from all around the country,
from the National Trust for Historic Preservation. And, of course, we need
something to show these people as far as historic sites are concerned while
they're visiting Miami and Dade County.
Commissioner De Yurre: Well, show them J.L. Plummer.
Vice Mayor Plummer: Come on, get out of here!
Mayor Suarez: Mary...
Ms. Weber: Well, we could do that.
Mayor Suarez: ...one other suggestion.
54 September 26, 1991
Vice Mayor Plummer: Ha, ha, ha.
Mayor Suarez: It was mentioned that this does not - I think the young lady
mentioned it - it's not quite as spectacular as the Freedom Tower. You know
the Freedom Tower is empty. We really have to figure out a way to make it for
that owner viable as a building, and there are all kinds of ideas floating
around again.
Ms. Yarbrough: Hey, we could host a reception there. We'd be delighted for
that.
Mayor Suarez: That's fine, but I'll tell you, the owners have put $28 million
dollars. Assuming a ten percent discount rate, they're going to be expecting
a 2.8 million dollars a year, which means that we've got to come up with some
ideas.
Mr. Yarbrough: You never know how many cars he might sell.
Mayor Suarez: No, I meant on the Freedom Tower. I don't think anybody's
planning that for a car showroom.
Ms. Weber: In answer to that, Mr. Mayor, I'd like to say that I agree with
you and I'm sure that something very viable could be worked out for a very
successful business venture there. Another point I'd like to make along those
lines is that we do have...
Mayor Suarez: My guess, by the way, on that, Mary, is that there is no
successful, totally... business venture, that could be successful there,
unless you bring in some component of public use - for the Freedom Tower, that
is - museum, etcetera. And that's what we maybe should be looking at.
Because it really is a magnificent structure.
Vice Mayor Plummer: Have you been in the building?
Mayor Suarez: Yes, and they...
Vice Mayor Plummer: You been on the top floors?
Mayor Suarez: Yes.
Vice Mayor Plummer: Each floor is the equivalent of about 1,000 square feet
usable.
Mayor Suarez: Yes, it's almost only useful as an observation tower, maybe a
place where you could have exhibits.
Vice Mayor Plummer: It's so small.
Mayor Suarez: It's so... on the Freedom Tower. I was just saying on the
Freedom Tower - and when the group meets here, the National Preservation
Society - what was the correct title?
Ms. Weber: Trust.
55 September 26, 1991
Mayor Suarez: Trust. We should probably be emphasizing some of these great
assets.
Vice Mayor Plummer: And see if they'll buy them.
Ms. Weber: The only other...
Mayor Suarez: By the way, that one was financed as this one, with a totally
different approach by Mr. Braman. That one was financed at least in small
part by community development loan float. There was much brouhaha at the time
about that as there was with your project. People didn't realize that that $4
million plus that we lent - that, actually, federal government lent through
us - was a minor portion of the $28 million dollars they've put in there. For
which they have gotten absolutely nothing back.
Commissioner Dawkins: And that he has paid back the $4 million dollars.
Mayor Suarez: And he now doesn't even have that, thank you, Commissioner
Dawkins. Because we have called in that loan float and he's had to pay it
back. So the economics are something that has to be analyzed and the theory
of historic preservation without economic analysis is kind of a waste of
effort, really.
Ms. Yarbrough: I don't think you can attribute the restoration of an historic
site to the management or lack thereof, of the site itself for development.
Mayor Suarez: Well, that's what I'm saying. The Freedom Tower here is
something that from the pure economic standpoint makes no sense what those
people did. And yet they have preserved that beautiful structure. Let's us
now put our part and see if we can find some public use, some museum,
something.
Vice Mayor Plummer: I'd love to know what his taxes are.
Ms. Yarbrough: Oh, I agree. I think it should be used...
Mayor Suarez: Otherwise, they're sitting there holding $28 million dollars...
Vice Mayor Plummer: I don't know.
Mayor Suarez: ...in investment and getting nothing. All right, folks, we
have a motion and a second. Any further discussion? Ma'am, we've given
you... this is your third statement.
Ms. Yarbrough: One more suggestion for the Freedom Tower.
Mayor Suarez: You've broken all the records, please, quickly.
Ms. Yarbrough: OK. You could have the City Hall moved to Freedom Tower.
Mayor Suarez: That thought has entered the minds of some of us too.
56 September 26, 1991
Vice Mayor Plummer: Mr. Mayor, for the record, I have to disagree on items 3,
5, 7, even though it's not a Smith b Wesson Magnum of a 357. There's no
question that Biscayne Boulevard is one of the historic places of our
community. But there are other matters that have to be taken into
consideration and, as you indicated for the record one, in fact, is that this
has been a known item for a number of months. And, in fact, there's been no
entree into the owner at this particular point. And the only thing that could
be accomplished by a negative here, is in fact, a delay of six months. And we
have seen what has happened to the economy of this community. In six months,
people have gone from viable projects to complete flops. So I have to
disagree with the 3, 5, and 7.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: The City Attorney suggested, and evidently he did it
for a reason, that the criteria by which... what I'm going to use to vote
against this, be put into the records. So who's going to put it in there? -
Mr. Helfman or the City Attorney?
Mr. Maxwell: Sir, I would suggest that if it is your intention to... if you
feel, based on what you've heard so far, that your inclination is to vote
against this - vote for this appeal - that you allow Mr. Helfman to address
the Commission, and then to ask Mr. Helfman to specifically address each
criteria and tell you why you believe that it does not satisfy classi...
Mayor Suarez: I've stated my reasons.
Commissioner Dawkins: And approximately how long you think that will take,
Mr. City Attorney?
Mr. Maxwell: Not long, sir.
Commissioner Dawkins: I'm talking to Mr. City Attorney.
Mr. Maxwell: I don't think it would take long at all.
Mr. Helfman: About 15 seconds.
Mayor Suarez: OK. I've stated my reasons, so I don't need to say anything
after that. Do you want to say something quickly, counselor?
Mr. Helfman: Yes, the record, including the expert reports before the
historic designation board or preservation board clearly reflects that we are
not an historic structure. I think the record is more than ample. We do not
meet any of the criteria set forth there. We've set that forth in the
verbatim record below and the expert reports.
Mayor Suarez: OK. That's introduced into the record officially?
Mr. Helfman: And we would ask you to grant our appeal, which is a reversal of
the designation below.
57 September 26, 1991
Mayor Suarez: Anything further? If not, please call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-682
A RESOLUTION REVERSING THE DECISION OF THE HISTORIC
AND ENVIRONMENTAL PRESERVATION BOARD, RESOLUTION NO.
91-29, AUGUST 6, 1991, WHICH RESOLUTION DESIGNATED THE
RYAN/FRANKLIN MULLOY MOTOR COMPANY (BRAMAN BMW -ROLLS
ROYCE), LOCATED AT 2020 BISCAYNE BOULEVARD, MIAMI,
FLORIDA, MORE PARTICULARLY DESCRIBED HEREIN, AS A
HISTORIC SITE; AND FURTHER REVERSING THE AMENDMENT TO
PAGE NO. 21 OF THE HISTORIC AND ENVIRONMENTAL
PRESERVATION ATLAS WHICH WOULD HAVE REFLECTED SAID
HISTORIC SITE DESIGNATION.
(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
Vice Mayor J . L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miriam Alonso.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: I'm voting yes means I'm for the denial, right?
Ms. Hirai: Granting the appeal. Reversing the decision of the designation.
Commissioner Dawkins: Yes.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 4:38
P.M. AND RECONVENED AT 5:01 P.M., WITH ALL MEMBERS OF
THE CITY COMMISSION FOUND TO BE PRESENT.
58 September 26, 1991
s
NOTE FOR THE RECORD: At this point, Mayor Suarez
announced that the items relating to the budget would
be considered as soon as possible.
------------------------------------------------------------------------------
19. DISCUSS AND CONTINUE CONSIDERATION OF PROPOSED RESOLUTION APPROVING
AMENDMENT TO RESTRICTIVE COVENANT RUNNING WITH THE LAND (FOR PROPERTY
OWNED BY FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR SUNRISE
SAVINGS AND LOAN ASSOCIATION) LOCATED AT S.E. CORNER OF S.W. 27 TO 25
AVENUES AND S.W. 22 STREET TO 22 TERRACE, TO ELIMINATE CERTAIN
REQUIREMENTS (Continued to October 3rd).
------------------------------------------------------------------------------
Mayor Suarez: I think we have an announcement on item - is it PZ-15?
Counselor, I see you there. The other PZ items, if they're going to be
controverted in any way, we're going to try, Mary, to get to them as soon as
we do the taxes issues and the budget. Is that... OK, they're both scheduled
for 5:00 p.m., so we can take them as we deem proper. Stanley.
Stanley Price, Esq.: Mr. Mayor, members of the Commission, my name is Stanley
Price on item PZ-15. We would like a one week deferral for an opportunity to
meet with the neighbors. There are some problems which the neighbors have in
regard to the site plan. We'd like an opportunity to resolve it with them,
and we think that we would be able to do this in the week period of time.
Vice Mayor Plummer: Correct that I heard that this is in concurrence with the
neighbors' request also?
Mr. Sergio Rodriguez: Yes, sir.
Vice Mayor Plummer: All right. What is the pleasure of the Commission?
Mr. Rodriguez: To continue to October 3rd as the request.
Vice Mayor Plummer: Let the record reflect that the Mayor has reclused
himself from voting and is out of the room.
Commissioner Dawkins: So move.
Vice Mayor Plummer: Moved by...
Commissioner Alonso: I'd like to be sure that some of the neighbors
understood because as I was walking into City Hall, some of the people who
live in the area told me they were not in favor of this being deferred. I
want to hear if they understand. May I say it in Spanish, please?
Vice Mayor Plummer: Surely.
59 September 26, 1991
Commissioner Alonso: LAS PERSONAS QUE ESTAN EN ESTI ITEM PZ-15 ESTAN DE
ACUERDO QUE ESTO SE POSPONGA, QUE SEAN RECINOS DE LA ZONA?
Vice Mayor Plummer: Is there anyone present in the audience that is objecting
to item 15 being deferred?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Vice Mayor Plummer: Once again, is there anyone in the audience who is
objecting to item 15 being deferred? You are, sir?
Unidentified Speaker: Yes.
Vice Mayor Plummer: All right, sir. Would you come up, sir, and be sworn in,
if you wish? All right, sir...
Mr. Arsenio Milian: Yes. My name is Arsenio Milian. I'm the chairman of the
committee of Silver Bluff Homeowners Association who is working on this
particular issue.
Vice Mayor Plummer: Yes, sir.
Mr. Milian: We have reservations about the postponement because it's going to
be in a different location. I understand you're going to have two different
locations where you're going to have the City Commission meeting on the 3rd.
However, I think it's the best that we can do it this time. We would like to
have a deferral in the sense of having or being able to meet with the
developer to see if we can satisfy the concerns that we have.
Vice Mayor Plummer: All right. Let me ask you this question. If we have it
here, it would have to be in the morning. Now, do you prefer here in the
morning, or downtown in the afternoon if we defer it?
Mr. Milian: Well, as you are aware, most of the people in our neighborhood
are workers. And they're not going to be able to be present here in the
morning. So we have no choice but to go in the afternoon.
Vice Mayor Plummer: All right, sir.
Mr. Milian: Now, my understanding is that Mr. Price and the developer are
trying to obtain an extension from RTC, and if that were the case - FDIC
(Federal Deposit Insurance Corporation), I stand corrected - we would like to
see if it could be postponed to the regular Commission meeting that is taking
place here on October 24th.
Vice Mayor Plummer: Well, let me ask then the applicant.
Mr. Price: We have tried to make communication today with FDIC. We probably
will no know until tomorrow as to that situation. We are going to be meeting
with the neighbors on a constant basis between now and next Thursday. If we
have the additional time, we'd like to take the additional time so when we
come in front of you, hopefully we will have a unified...
60 September 26, 1991
Vice Mayor Plummer: What are you telling me, Mr. Price? That you're
agreeable to the 24th, or you're not agreeable?
Mr. Price: I cannot agree at this time, sir, because contractually we must
close by the 15th of October...
Vice Mayor Plummer: All right.
Mr. Price: ...as the contract reads right now.
Vice Mayor Plummer: All right, sir. And then we have a stalemate. What do
we do?
Commissioner Alonso: What do we do?
Mr. Milian: I think, at this point, we would like to request to have it on
the October 3rd. That is what we had agreed. However, if we can obtain an
extension...
Vice Mayor Plummer: All right, well, look, what we can do since it seems as
how there is a spirit of trying to find a compromise, the worst that can
happen on the 3rd if, in fact, a compromise is not reached, we can then defer
it again till the 24th.
Mr. Milian: Exactly.
Vice Mayor Plummer: Well, not the 24th, because he's out the door. We11
that's...
Mr. Rodriguez: Well, assuming that it can be done.
Vice Mayor Plummer: We'll discuss it again on the 3rd.
Mr. Milian: All right.
Vice Mayor Plummer: Yes, OK, but by then you'll know whether you can get this
commitment that you need.
Mr. Price: We're going to be in constant communication.
Mr. Milian: Correct.
Vice Mayor Plummer: Well, I would hope that possibly on the 3rd, if
everything is, in fact, a compromise, that, in fact, it wouldn't take but just
one of you to come here to represent the neighborhood so everybody didn't have
to go downtown.
Mr. Milian: We will try to do that, sir.
Vice Mayor Plummer: All right.
Mr. Milian: I question whether that will be the case, but we will give it a
try.
61 September 26, 1991
Vice Mayor Plummer: OK. So, the motion then would be appropriate at this
time that this matter be deferred...
Mr. Rodriguez: Continued...
Vice Mayor Plummer: ...until October the 3rd.
Mr. Rodriguez: Continued to October 3rd.
Commissioner Alonso: Continued.
Vice Mayor Plummer: Continued to the 23rd.
Commissioner Dawkins: Hold it, hold it... I'm confused. OK?
Vice Mayor Plummer: Continued to the 3rd.
Commissioner Dawkins: Are you going to continue it until the 3rd or are we
continuing it until the 24th?
Vice Mayor Plummer: No, sir, the 3rd.
Mr. Rodriguez: Third.
Commissioner Dawkins: I heard the gentleman there said that they wanted the
24th, and he said they couldn't give him the 24th because of the loan
situation. Now, what are you deferring it to?
Vice Mayor Plummer: The 3rd, sir.
Mr. Rodriguez: Third.
Commissioner Dawkins: And you are in complete agreement with the 3rd?
Mr. Milian: At this time. And we will continue to work trying to obtain a
deferral or an extension from FDIC. If that is the case, we will come on
October 3rd and request an additional deferral until the 24th.
Commissioner Dawkins: I'm not going to vote for that. You see, there's no
sense in just keep stirring this on. Either we're going to do it, or you're
not going to do it.
Vice Mayor Plummer: Well, your problem, Miller, is is that the closing date
for the applicant is on the 15th.
Commissioner Dawkins: But if... you see, if the citizens and them do not work
it out by the 3rd, they're not going to work it out by the 24th.
Vice Mayor Plummer: I can't answer that.
Commissioner Dawkins: We've been through this too many times, J.L. I mean,
this is, you know, if they do not meet your... Come to the mike, please. No
them, no, in the green dress.
62 September 26, 1991
Ms. Doris Scheer: Yes, sir.
Vice Mayor Plummer: The little leprechaun.
Commissioner Dawkins: OK, now we have been through this many times, OK? We
have tried to work with the developer and the citizens. Usually, if you do
not reach an agreement... you have agreed to negotiate. Is that a correct
statement? I'm talking to her. Right? -the homeowners, the homeowners.
Ms. Scheer: I represent the Coral Gate Homeowners Association, which is part
of e. Miami coalition. We had a board meeting on Tuesday night. My name is
Doris Scheer, 1840 Coral Gate Drive. We had a meeting Tuesday night, and at
that point we voted to unanimously ask for deferment on behalf of the Silver
Bluff Association. We knew at that time, that it would be until October 3rd,
and that was what we had voted on.
Vice Mayor Plummer: OK, then I assume a motion would be in order for a
continuance until October the 3rd.
Mr. Rodriguez: At 5:00 p.m., after 5:00 p.m.
Vice Mayor Plummer: After 5:00 p.m. Is there such a motion?
Commissioner De Yurre: Move.
Vice Mayor Plummer: Moved by De Yurre, seconded by...
Commissioner Alonso: Everybody in agreement. Yes, I second.
Vice Mayor Plummer: ...by Alonso. Is there any further discussion? If not,
call the roll, showing the Mayor reclusing himself from voting.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 91-683
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-
15 (PROPOSED AMENDMENT TO ZONING COVENANT RUNk'?NG WITH
THE LAND, DATED MARCH 26, 1985, FOR PROPERTY OWNED BY
FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR
SUNRISE SAVINGS AND LOAN ASSOCIATION, OWNER, LOCATED
AT S.W. 27 AVENUE TO S.W. 25 AVENUE AND S.W. 22 STREET
TO S.W. 22 TERRACE) TO OCTOBER 3, 1991 AFTER 5 P.M.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
63 September 26, 1991
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.
Vice Mayor Plummer: OK, I am informed by the City Attorney that all
interested parties, there will be no further mail notice.
Ms. Scheer: This is it?
Vice Mayor Plummer: You have been notified. You are now aware of the
continuance, and you can spread the word among your neighbors one way or
another. But we're not going out with another mailing. All right, sir?
Thank you very much. Mr. Mayor, you can return.
Mayor Suarez: Right here, over here.
Vice Mayor Plummer: Oh, hello.
Mr. Helfman: Items 10A and 106 have been withdrawn, and I think we could
expedite that.
Vice Mayor Plummer: Withdrawn or continued?
Commissioner Alonso: Which one?
Mr. Rodriguez: Appeal, the appeal has been withdrawn.
Mr. Helfman: The appeals have been withdrawn.
Mayor Suarez: OK, technically all we have to do is announce that at this
point?
Miriam Maer, Esq.: It's been the policy of this Commission that we bring it
to you. And since both parties have, in fact, withdrawn...
Vice Mayor Plummer: That's 10 A and B?
Mr. Rodriguez: A and B.
Ms. Maer: That's 10 A and B.
Mayor Suarez: OK, it's...
Ms. Maer: The appellants, there were two appellants...
Mayor Suarez: All right...
64 September 26, 1991
Ms. Maer: ...and they've both withdrawn their appeals.
Mayor Suarez: We don't need to vote on it? -obviously.
Ms. Maer: No, you don't.
Mayor Suarez: OK, it's announced as withdrawn.
Mr. Helfman: Thank you.
NOTE FOR THE RECORD: At this point, Agenda items
10(A) and 10(B) were withdrawn by Appellant.
[NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY
TABLES CONSIDERATION OF PLANNING AND ZONING AGENDA
ITEMS TO CONSIDER ITEMS FROM THE REGULAR PORTION OF
THE AGENDA.
20. (A) (Continued Discussion) RECONSIDER PRIOR VOTE CONCERNING THE
NAVAL RESERVE BUILDING (See label 7).
(B) DIRECT MANAGER TO WORK COOPERATIVELY WITH REPRESENTATIVES OF THE
COCONUT GROVE COMMUNITY AND PROVIDERS OF SERVICES TO THE
HOMELESS - DIRECT MANAGER TO IDENTIFY SUITABLE ALTERNATIVE SITES
FOR USE BY PROVIDERS OF SERVICES TO THE HOMELESS IN EXCHANGE FOR
THE NAVAL RESERVE PROPERTY - AUTHORIZE MANAGER TO TAKE ALL
ACTIONS NECESSARY TO ACQUIRE THE NAVAL RESERVE PROPERTY (2610
TIGERTAIL) FOR A COMMUNITY -BASED EDUCATIONAL FACILITY.
_j ------------------------------------------------------------------------------
Mayor Suarez: We also have one item left over from the morning and early
afternoon. Commissioner Alonso, basically, on the resolution regarding the
Naval Reserve property. Let me just...
Vice Mayor Plummer: Mr. Mayor, if I may take just a moment...
f Mayor Suarez: Yes, please.
Vice Mayor Plummer: ...please to inform Commissioner Alonso of what took
place this morning.
Mayor Suarez: OK.
65 September 26, 1991
Vice Mayor Plummer: What we did, we had all of the public that were here in
favor of the resolution who, in fact, spoke. Everybody spoke in favor. There
was a vote taken in principle, since there were only three members present,
that they were in favor, but wanted to give the opportunity to you and to the
Mayor to be on the record as to your feelings. Hopefully, it would be
unanimous so that that resolution would be forwarded with that full consent of
this Commission. So the Mayor has had his opportunity to speak previously.
And now you have your opportunity to go on the record as to your feeling as to
the resolution. Whether you are for or whether you wish to add any comments
to that resolution.
Commissioner Alonso: I have stated my position that I would like to protect
the neighborhoods. I'm in favor of helping the homeless, but I think the
preservation of the neighborhoods should be our first priority. And my
position is that the City of Miami should work diligently with the federal
government as to have a cultural centers rather than any other facility on
that property.
Vice Mayor Plummer: Mr. Mayor, may I suggest that just for the edification,
that we reconsider the morning vote and...
Mayor Suarez: Let's do that please.
Vice Mayor Plummer: ...that way we go right on the record.
Commissioner Dawkins: Seconded.
Mayor Suarez: Moved by Vice Mayor Plummer, seconded by Commissioner Dawkins.
Any discussion on the motion to reconsider? If not, please call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 91-684
A MOTION TO RECONSIDER PRIOR VOTE TAKEN ON ADOPTION OF
RESOLUTION 91-678, WHICH HAD DIRECTED THE CITY MANAGER
TO WORK COOPERATIVELY WITH REPRESENTATIVES OF THE
COCONUT GROVE COMMUNITY AND PROVIDERS OF SERVICES TO
THE HOMELESS BY IDENTIFYING ALTERNATIVE PROPERTIES FOR
USE BY THE HOMELESS IN EXCHANGE FOR THE NAVAL RESERVE
PROPERTY.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
66 September 26, 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.
Mayor Suarez: And by the way, my feelings echo basically what Commissioner
Alonso just stated before. All I said is that I understood that they had
voted favorably to the resolution, but I didn't get much reason and it's
essentially the same as you have stated. So on that basis, I'll entertain a
motion.
Vice Mayor Plummer: I'll move at this time that the resolution adopt be
adopted.
Commissioner Alonso: Second.
Mayor Suarez: So moved. Seconded. Any discussion? If not, please call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-685
A RESOLUTION DIRECTING THE CITY MANAGER TO WORK
COOPERATIVELY WITH REPRESENTATIVES OF THE COCONUT
GROVE COMMUNITY AND PROVIDERS OF SERVICES TO THE
HOMELESS; DIRECTING THE CITY MANAGER TO IDENTIFY A
SUITABLE ALTERNATIVE PROPERTY FOR USE BY THE PROVIDERS
TO THE HOMELESS TO EXCHANGE FOR THE COCONUT GROVE
NAVAL RESERVE PROPERTY, AND IDENTIFYING SEVERAL
TENTATIVE ALTERNATE SITES; AUTHORIZING THE CITY
MANAGER TO FILE REQUIRED APPLICATIONS TO TAKE ALL
ACTIONS NECESSARY TO ACQUIRE THE NAVAL RESERVE
PROPERTY LOCATED AT 2610 TIGERTAIL AVENUE, COCONUT
GROVE, MIAMI, FLORIDA, FOR A COMMUNITY -BASED
EDUCATIONAL FACILITY.
(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:
67 September 26, 1991
L�
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: I'm voting yes on the amended motion that was presented
to us.
-----------------------------------------------------------------------------
21. AUTHORIZE REQUEST BY GREATER BISCAYNE BOULEVARD CHAMBER OF COMMERCE FOR
PLACEMENT OF A PLAQUE IN THE LEGION PARK POLICE MINI -STATION IN HONOR OF
DOVA CAUTHEN FOR HER CONTRIBUTION TO THE ESTABLISHMENT OF THAT STATION
AND THE REVITALIZATION OF THE BISCAYNE BOULEVARD AREA.
Mayor Suarez: If you Commissioners don't have any problem, the administration
has requested, "Motion authorizing the erection of a plaque by the Greater
Biscayne Boulevard Chamber of Commerce in Legion Park mini -station
commemorating or in remembrance of Dova Cauthen for her contribution to the
establishment of that mini -station and recognizing her dedicated efforts
towards the revitalization of the Biscayne Boulevard area." And I'll
entertain a motion on that.
Vice Mayor Plummer: Dedicated to who?
Mayor Suarez: Dova Cauthen who was an activist.
Vice Mayor Plummer: Dudley Cauthen?
Mayor Suarez: Dova.
Vice Mayor Plummer: That... it should be, I assume, sent to the Memorial
Committee through Public Works for their recommendation.
Mayor Suarez: I think to put in our own facility a plaque? Anyhow, if you
think that's the way to do it.
Vice Mayor Plummer: I would say yes.
Commissioner Alonso: Yes.
Vice Mayor Plummer: I think they want to do it in connection with the
something coming up.
M.
September 26, 1991
AW
Commissioner Alonso: It's just a plaque or something to recognize? I so
move.
Mayor Suarez: I would have thought that something like this would have been
done by the administration without even...
Vice Mayor Plummer: Oh, it's not naming it after her?
Mayor Suarez: No, just a plaque.
Vice Mayor Plummer: Oh, then I'll so move, Mr. Mayor.
Mayor Suarez: If there's any way, Madam City Attorney, that this kind of
matter could be done by the administration of its own discretion at the
request of the Commissioner, for example, of whatever.
Vice Mayor Plummer: God help you if you do, and something goes up that
somebody doesn't like.
Mayor Suarez: I can't imagine that something like this is... has to be
approved as a formal motion. Anyhow, moved and seconded. Thank you. Any
discussion? If not, please call the roll.
The following motion was introduced by Commissioner Alonso, who moved
Its adoption:
MOTION NO. 91-686
A MOTION AUTHORIZING REQUEST BY GREATER BISCAYNE
BOULEVARD CHAMBER OF COMMERCE FOR PLACEMENT OF A
PLAQUE AT THE LEGION PARK POLICE MINI -STATION IN HONOR
OF DOVA CAUTHEN FOR HER CONTRIBUTION TOWARD
ESTABLISHMENT OF SAID STATION AND THE REVITALIZATION
OF THE BISCAYNE BOULEVARD AREA.
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.
69 September 26, 1991
140�
[NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY
TABLES CONSIDERATION OF THE REGULAR AGENDA ITEMS IN
ORDER TO CONSIDER AN ITEM FROM THE PLANNING AND ZONING
PORTION OF THE AGENDA.]
------------------------------------------------------------------------------
22. GRANT APPEAL BY DONALD AND JUDITH SWEETBAUM - REVERSE ZONING BOARD'S
DENIAL OF VARIANCE - AUTHORIZE USE OF THREE EXISTING UTILITY SHEDS AND
TWO EXISTING CHICKEE HUTS USED AS CARPORTS AT 3090 ALLAMANDA STREET AND
3061 SHIPPING AVENUE.
------------------------------------------------------------------------------
Mayor Suarez: The item that we must vote on which is related to our budget,
and to our millage rate is now the one we're on?
Ms. Mary Weber: Mr. Mayor.
Mayor Suarez: Yes?
Ms. Weber: Excuse me, please, Mary Weber. Could you take item number PZ-9,
please? It's very simple.. we can dismiss it rather quickly and easily.
Mayor Suarez: Well that, once again, is scheduled for 5:00 p.m. I mean, we
have discretion to go on to others. Whatever gives you the impression that
that item is so simple?
Ms. Weber: Well, I have... •
Mayor Suarez: I mean, if it has any controversy whatsoever. Any...
Ms. Weber: It doesn't. It doesn't.
Mayor Suarez: You know, you might want to have it in the atmosphere of a
little bit more space and time than here.
Ms. Weber: I believe it...
Mayor Suarez: Is there anyone that wishes to be heard on item PZ-9? Does the
administration, Sergio, or Mr. Manager, have any indication that PZ-9 would,
in fact, be noncontroversial and it could be acted on quickly?
Mr. Guillermo Olmedillo: It's an appeal, Mr. Mayor. And if the two parties
are in agreement.
Mayor Suarez: Do we have an indication that the two parties are in agreement?
Mr. Olmedillo: That's what I have.
70 September 26, 1991
Mayor Suarez: You would make a great lawyer. You know you always answer a
question with a conditional answer. If the two... Are they, in fact, in
agreement? All right.
Mr. Olmedillo: I've learned.
Vice Mayor Plummer: So what is the appropriate? We deny the appeal?
Mr. Olmedillo: That will be correct. If you want...
Vice Mayor Plummer: Is that the appropriate thing that they've worked out? -
or to grant the appeal?
Mayor Suarez: OK...
Mr. Olmedillo: No. Approve the appeal. No, to grant the appeal.
Commissioner Alonso: To grant?
Vice Mayor Plummer: All parties are in accord to grant the appeal.
Mayor Suarez: Why don't we swear them in before we put that on the record? I
think that's going to be a substantive issue. Please, Madam City Clerk. And
with...
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mayor Suarez: OK, do you want to state in the record your name and what party
you represent and that you have agreed.
Mr. Ricardo Ruiz: Yes, my name is Ricardo Ruiz and I have a power of
attorney, and I've already turned it in to the Law Department. I'm
representing Mr. Donald and Judith Sweetbaum and we've been recently attain...
Vice Mayor Plummer: Sir, are you a lawyer?
Mr. Ruiz: No, I'm not, and I have... my lobbyist form has been registered and
my power of attorney has ber.:n registered.
Mayor Suarez: That's all that he wanted to know. Go ahead.
Mr. Ruiz: On this item, we have worked diligently with the civic association
regarding their concerns. We took them into consideration and we reflected
them no only on our plan and what we spoke to them about, but it's...
Mayor Suarez: Do you understand that... Can you represent, for the record,
that you're in agreement on a particular rendering or a particular document? or something that can simplify this.
Mr. Ruiz: Right, we're on agreement on the layout that you see before you,
which shows the chickee huts....
71 September 26, 1991
Mayor Suarez: OK, we're not going to have a problem with this in terms of
what exactly they have agreed to?
Ms. Maer: Mr. Mayor, perhaps I could suggest that if we are going to approve
it subject to that plan, that that be subject to the Planning Department's
review as well.
Mayor Suarez: OK.
Mr. Ruiz: That plan is on record.
Mayor Suarez: That very plan. Not one with little changes and notations and
stuff?
Mr. Ruiz: The only optional thing that we added...
Commissioner Alonso: Yes. I suggest that all of you initial the corner.
Remember, not long ago, we had about six hearings.
Vice Mayor Plummer: Twenty-second Avenue.
Commissioner Alonso: And everytime we were shown a plan. And the next time
we met, it was, well, it was similar to that one, not quite the same.
Mayor Suarez: Please initial it, please.
Commissioner Alonso: So initial it. We'll feel great.
Mayor Suarez: Thank you for the suggestion, because, otherwise, we have
problems. All right, everybody in agreement? Do you want to state your name
for the record, Mary? -and who you represent.
Ms. Weber: My name is Mary Weber, I live at 3900 El Prado Boulevard in
Coconut Grove. I'm representing the Coconut Grove Civic Club, and the
representatives of the owner of this property are proffering today a deed
restriction to run with the land which we have agreed to, that addresses the
structures that are in question.
Mayor Suarez: OK. All right, I'll entertain a motion on the item.
Commissioner Alonso: I so move.
Mayor Suarez: So moved by Commissioner Alonso.
Vice Mayor Plummer: Second.
Mayor Suarez: And it is a second by the Vice Mayor. It is denial of the
appeal. Is that correct? -technically?
Ms. Maer: It's a granting of the appeal...
Commissioner Alonso: Granting...
Vice Mayor Plummer: Granting of the appeal.
72 September 26, 1991
Mayor Suarez: Granting of the appeal, thank you.
Ms. Maer: Subject to the site plan that was... or the rendering that was
submitted to the Commission just now.
Mayor Suarez: Very good.
Mr. Ruiz: And the deed restriction.
Mayor Suarez: And the deed restriction. All right.
Mr. Rodriguez: And Planning Department approval.
Mayor Suarez: And Planning Department approval, which, in effect, is a
continuing - beyond today - continuing obligation or right, for that matter.
Mr. Rodriguez: Beyond today.
Vice Mayor Plummer: An ongoing pain.
Mr. Rodriguez: We haven't seen it, that's why.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll on the resolution.
73 September 26, 1991
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-687
A RESOLUTION REVERSING THE DECISION OF THE ZONING
BOARD AND GRANTING THE VARIANCE FROM ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, ZONED R-2 TWO FAMILY
RESIDENTIAL, TO PERMIT TWO (2) OF THE THREE (3)
EXISTING UTILITY SHEDS AND THE TWO (2) EXISTING
CHICKEE HUTS USED AS CARPORTS LOCATED AT 3090
ALLAMANDA STREET AND 3061 SHIPPING AVENUE, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), ONE SHED
HAVING A SIDE STREET YARD OF 1.4' (18' REQUIRED);
ANOTHER SHED HAVING A SIDE STREET YARD OF 2' (15'
REQUIRED) AND AN INTERIOR SIDE YARD OF 2.5 (5'
REQUIRED); AND A THIRD SHED, WHICH MUST BE REMOVED,
HAVING A FRONT YARD OF 0.6' (20' REQUIRED); AND THE
TWO EXISTING CHICKEE HUTS USED AS CARPORTS EACH HAVING
A STREET SIDE YARD OF 3' (15' REQUIRED), SUBJECT TO
THE PLAN ON FILE DATED SEPTEMBER 26, 1991 AND MARKED
AS "EXHIBIT 1" BEING APPROVED BY THE PLANNING,
BUILDING AND ZONING DEPARTMENT AND THE CITY ATTORNEY
AND FURTHER SUBJECT TO A DEED RESTRICTION BEING
RECORDED IN THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
PROVIDING THAT THE CHICKEE HUTS SHALL NEVER BE
ENCLOSED AND THAT IN THE EVENT THE FROND -ROOF OF THE
HUTS IS EVER DAMAGED OR DESTROYED THE ROOF(S) WILL BE
REPLACED IMMEDIATELY WITH THE SAME FROND MATERIAL;
SAID VARIANCE HAVING A TIME LIMITATION OF TWELVE
MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner
Commissioner
Commissioner
Vice Mayor J.
Mayor Xavier
NOES: None.
ABSENT: None.
Victor De Yurre
Miller J. Dawkins
Miriam Alonso
L. Plummer, Jr.
L. Suarez
74 September 26, 1991
[NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY
TABLES CONSIDERATION OF PLANNING AND ZONING AGENDA
ITEMS TO CONSIDER ITEMS FROM THE REGULAR PORTION OF
THE AGENDA.]
23. SECOND PUBLIC HEARING ON CITY OF MIAMI FY 1991-92 BUDGET - SET TENTATIVE
MILLAGE RATE OF 9.5995 AND DEBT SERVICE RATE AT 2.3308 FOR THE CITY.
[NOTE: INTERSPERSED THROUGHOUT THE HEREIN TRANSCRIPT, ARE
STATEMENTS IN SPANISH. FOLLOWING EACH AND EVERY
STATEMENT, PLEASE FIND THE CORRESPONDING TRANSLATION
INTO ENGLISH OR SPANISH, AS THE CASE MAY BE.
SPANISH STATEMENTS WILL BE DENOTED BY CAPITAL
LETTERS. TRANSLATIONS WERE MADE BY CITY MANAGER
ODIO AND MAYOR SUAREZ.]
Mayor Suarez: The item on the taxes is...
Mr. Odio: Item 10.
Mayor Suarez: Item 10. OK, what do we need to hear from before we begin
input from the public?
Vice Mayor Plummer: Item 10?
Mayor Suarez: Somebody tell me which item it is, please.
Commissioner Alonso: Don't we have to... no?
Mr. Odio: No, it's the territory - sorry.
Mr. Manohar Surana: Seven.
Commissioner Alonso: Say what now?
Mr. Surana: Seven. Right after seven.
Commissioner Dawkins: Seven?
Mr. Surana: Yes, sir.
Mr. Odio: What?
Vice Mayor Plummer: On the regular agenda.
75 September 26, 1991
i
Mr. Odio: Oh, on the regular, OK, I'm sorry.
Mayor Suarez: OK, item 7. Could you, if you have no...
Commissioner Alonso: Item 7?
Vice Mayor Plummer: No.
Commissioner Alonso: No.
Commissioner Dawkins: You guys go outside with that.
Mayor Suarez: Yes, I mean, you guys please work out your procedures. If you
have any problems, don't hesitate to come back in. We don't want you to
leave.
Vice Mayor Plummer: If you go on the second page, it's item 8. It's a
regular agenda.
Commissioner Alonso: Exactly, not seven.
Mr. Surana: Right after seven. For the record, discussion of proposed
millage...
Mayor Suarez: Yes, I guess it didn't even merit a number, it looks like here.
Commissioner Alonso: At the next page, they have the numbers so they... it's
eight.
Mayor Suarez: Right.
Commissioner Dawkins: What? Seven?
Mr. Surana:
Right
after
seven.
Mayor Suarez:
OK.
What
is the first thing we do?
Mr. Surana: OK, I have to read A and B for the record. Discussion of
proposed millage rate and adopt tentative budget for the City of Miami. A,
percentage increase in millage over rollback rate. Response, one and eight
nine one hundredth of one percent. B, specific purpose for which ad valorem
tax revenues are being increased. Response, purpose - partial funding for
public safety services, police and fire. Cost, one million, eight hundred
ninety-three thousand, six hundred thirteen dollar. Percentage increase, 100
percent.
Commissioner Alonso: Mr. Mayor, if I may?
Mayor Suarez: What's the next item of business?
Commissioner Alonso: I was asking, if I may...
Mayor Suarez: Commissioner Alonso.
76 September 26, 1991
0 0
Commissioner Alonso: As I asked in the session of September 11th, I would
like to move again that we reduce the millage to 9.411. As I stated at that
time, last year when I was elected Commissioner and I had to vote in my first
budget, I went through a very painful experience of finding out that we were,
in fact, increasing taxes when I was given the impression that we were not.
If we were to maintain 9.5995 as we have it today, it will, in fact, mean that
we are increasing 1.89 to the citizens of Miami. I feel that we are living in
very difficult times. That the citizens of Miami deserve this reduction, and
that we are not telling the truth unless we reduce the taxes to 9.411. And I
would like to move at this time that we approve the reduction of the millage
to 9.411.
Mayor Suarez: So moved.
Commissioner Dawkins: Second.
Mayor Suarez: Second.
Commissioner Dawkins: Under discu... yes...
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Under discussion. Mr. Surana.
Mr. Surana: Yes, sir.
Commissioner Dawkins: What's the difference in the revenue taken in at 9.411
and by increasing the millage by 1.89. Give me total dollars.
Mr. Surana: One point nine million.
Commissioner Dawkins: One point nine million.
Mr. Surana: Yes, sir.
Commissioner Dawkins: How many employees are scheduled to retire?
Mr. Surana: So far, we have received a request about 271.
Commissioner Dawkins: Two seventy-one?
Mr. Surana: Yes, sir.
Commissioner Dawkins: Two hundred and seventy-one.
Mr. Surana: Yes, sir.
Commissioner Dawkins: When you brought this budget to me, you said you only
needed 185. A hundred and eighty-five from 271 is six and eight from 15 is 7.
So we're 76 people above what you budgeted for. And 76 people roughly equal
how many dollars?
Mr. Surana: Roughly, $800,000.
77 September 26, 1991
Commissioner Dawkins: Eight hundred thousand.
Mr. Surana: Yes, sir.
Commissioner Dawkins: Seventy-six people?
Mr. Surana: Yes, sir. The reason... if I may explain, Commissioner...
Mayor Suarez: Please, please, sir.
Mr. Surana: We have to pay them what we call for their vacation time, sick
time, incentive pay and everything, which is a one-time cost, which we had to
fund in the budget. So after making adjustment for the pay out, we will save
roughly $800,000.
Commissioner Dawkins: So, if it was reduced as requested by Commissioner
Alonso, you don't have to find a million dollars some place. Is that right?
Mr. Surana: Yes.
Commissioner Dawkins: Beg your pardon?
Mr. Surana: Yes, about a million one.
Commissioner Dawkins: And there is no place... see, and I'm doing this
because I resent people jumping up and saying, "layoffs," as if we, up here,
are jeopardizing peoples' jobs. You've just been told that it's money there
and what have you. So it's not that anybody in saying, "layoff." It's that
some people are crying, "wolf," and running around saying, "layoff." But by
the same token, the Manager or somebody... well, I second the motion. No
further discussion.
Mayor Suarez: All right.
Commissioner Alonso: I have some...
Mayor Suarez: Commissioner Alonso.
Commissioner Alonso: ...some questions I'd like to ask. Mr. Surana, I
remember that in the public hearings of the 5th and also on the 11th, I asked
the question from you, the City Manager, as well as the unions and the head of
the different departments. And I was told at that time that if we were to
retire 186 people, we were only going to hire back 27 people. I also asked at
that time, are we going to be able to provide the same quality of services to
our citizens. I also asked, are you going to be satisfied with the quality of
services that we will provide to the citizens of Miami. The one they deserve
and demand. I received an answer of, "yes," to all of my questions. I was
told that the administration was completely satisfied with that situation. So
I'm very surprised to see the shirts of some of our employees that say that we
are going to layoff people. I don't believe that we have to let anyone go,
but I feel very strongly that the citizens of Miami also deserve some relief.
Many of them have lost their own jobs, but they continue to pay the taxes.
Many of them are having trouble because the money they receive for retirement
doesn't go up. And they continue to pay. In contrast - and this might be
78 September 26, 1991
part of the reason - 80 percent of our employees don't live in the City of
Miami. So I want the administration to tell me, if we reduce the millage to
9.411, do we have to fire anyone even though more people have retired than the
number that we expected before?
Mr. Odio: The answer to that...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Please, please, please.
Mr. Odio: The answer to your question is, yes. You will...
Commissioner Alonso: How many and why?
Mr. Odio: There's yes in two parts. Number one, if we only
replace 27 people
of 271, you will have...
Commissioner Alonso: No, no, wait a second...
Mr. Odio: No, no, no, excuse me, Commissioner...
Commissioner Alonso: ...the number was 27...
Mr. Odio: No, if we repla...
Commissioner Alonso: ...from 166.
Mr. Odio: If we replaced 27 of 271, you will have a serious
drop in level of
services that will put, in some cases, people in danger, both in fire and in
police. That's one... no, no, no, please. Now, the other area
is...
Commissioner Alonso: Mr. Manager, may I interrupt you for
a minute. But I
suppose that you took into account when you were looking into
this plan...
Mr. Odio: That's where I was going to get. That's right.
Commissioner Alonso: ...the percentage that you were going to have. From
186, you were going to have 27, but I'm sure you took into account...
Mr. Odio: That's what we did.
Commissioner Alonso: ...also a higher number and also the balance on that.
Mr. Odio: Exactly what we did, Commissioner. That's precisely why you don't
have any money to play with. Because we said in the budget that we would save
$5,000,000 with this plan. And that's exactly what you have done. Now, if
there are no more savings because you're going to have to replace firefighters
and police officers above the number of 186, whatever we need to work out that
we're going to start meeting tomorrow, because we just got the numbers in as
of yesterday. We have 73 firefighters that are retired. We have 48 police
officers that have retired. We have to have enough money...
f
Commissioner Dawkins: How many? How many firefighters?
I
79 September 26, 1991
f
Mr. Odio: Seventy-three.
Commissioner Dawkins: And how many policemen?
Mr. Odio: Forty-eight.
Commissioner Dawkins: Forty-eight. How many sanitation workers?
Mr. Odio: The last number I saw was 39, I believe.
Commissioner Dawkins: Thirty-nine. How many GS....
Mr. Odio: Thirty-seven, I'm sorry, on Solid Waste.
Commissioner Dawkins: All right, and how many in GSA?
Mr. Odio: GSA was about... wait, we have it right here.
Mr. Charlie Cox: General employees, total. General employees, total.
Mr. Odio: I have a separate list here.
Commissioner Dawkins: How many, Charlie? How many?
Mr. Odio: The problem is, we have to...
Mr. Cox: Give him the number of general employees, total.
Mr. Odio: How many?
Mr. Cox: General employees, total.
Mr. Odio: Total, yes.
Commissioner Alonso: How many?
Commissioner Dawkins: General service employees, how many?
Mr. Odio: OK, 64.
Commissioner Dawkins: Sixty-four.
Mr. Cox: That's just GSA.
Mr. Odio: That includes Solid Waste. Solid Waste is 37, so you have half
Vice Mayor Plummer: How many general?
Mr. Odio: Sixty-four.
Commissioner Alonso: No, 64 includes...
Commissioner Dawkins: Mr. Manager, Mr. Manager.
FNI
September 26, 1991
Mr. Odio: Yes.
Vice Mayor Plummer: How many in general?
Commissioner Dawkins: You know, I have to disagree and you can straighten me
out.
Mr. Odio: Right.
Commissioner Dawkins: The 27 people that we were going to hire was out of 187
people...
Commissioner Alonso: Six.
Mr. Odio: Six... A hundred and eighty-six.
Commissioner Dawkins: It was not out of 271.
Commissioner Alonso: That's right.
Mr. Odio: I agree, Commissioner. That's exactly what I'm saying.
Commissioner Dawkins: There's no way in the world that you can expect...
Mr. Odio: Wait, if I...
Commissioner Dawkins: ...to retain the same level of services losing 271
people. It's just impossible.
Mr. Odio: That's the point I was trying to make. Above the...
Commissioner Dawkins: But you knew you had to hire some people when you
negotiated this.
Commissioner Alonso: That's right.
Mr. Odio: That's why we only put in the budget $5,000,000 savings. There is
no more there. We didn't take in consideration that 271 or 300 people would
retire. We used only 186, and we said, above that, we will have to replace.
And that's why we left that money out of the budget. That's why we said there
would be no savings above the 186. Because there isn't going to be any
{
because we have to replace staff.
( Commissioner Dawkins: All right, well how can you factor in... OK, 27 from
( 76, leaves nine is what?
Mayor Suarez: Forty-nine.
Commissioner Dawkins: Forty-nine. How are you going to break up 50 people
and put them into Fire, Police, General Service, and Sanitation? How are you
going to do that?
Mr. Odio: Well, we're not going to hire back everyone.
81 September 26, 1991
f --
Commissioner Dawkins: Beg your pardon?
Mr. Odio: We are not hiring back everyone that retired. The idea to save the
money was to hire back of the first 186, twenty-seven. Then sit down
tomorrow, and plan how we're going to bring back firefighters and policemen
first. Then Solid Waste people and then we go and look at the rest of the
employees, starting with the mechanics which we need first. The working
people come back first.
Commissioner Dawkins: OK, the 73 policemen that we're losing...
Commissioner Alonso: No.
Mr. Odio: Fire.
Commissioner Dawkins: All right, the seven... all right, the 73 firemen that
we're losing.
Mr. Odio: Right.
Commissioner Dawkins: OK? We have trucks now that's going out shorthanded.
We have men that's working overtime now. So what are you going to do? -kill
the ones who are left instead of getting additional people? I need to know
this.
Mr. Odio: We're going to hire back, as soon as we can, and we're planning
tomorrow to bring back a class of firefighters right away.
Commissioner Dawkins: Hmm?
Mr. Odio: We're going to work out a plan tomorrow where we will use
firefighters in additional hours so that we can fill all the trucks up except
for maybe three or... three. Which is what we're doing today. We said we
will maintain the same level of services. As we talk today, we're parking
three trucks everyday.
Commissioner Dawkins: You can...
Mr. Odio: And that's exactly what we're going to do.
Commissioner Dawkins: You cannot work a man to death.
Mr. Odio: We are not.
Commissioner Dawkins: The man has to have some time with his family...
Mr. Odio: A firefighter...
Commissioner Dawkins: ...and with his children.
Mr. Odio: I guess it...
82 September 26, 1991
I
Commissioner Dawkins:
week.
You just can't expect a fireman to work seven days a
Mr. Shorty Bryson: He's talking fire now.
Mr. Odio: Shorty, I guess you have to...
Commissioner Dawkins: He got to have some time off. And I don't see nowhere
where we're talking about providing... I don't see it. Now, you all, you and
the union you all set down... I'm talking about what I don't see. I'm not
talking about what you all see. I'm saying me.
Mr. Odio: Sir, in fact I just met back stage with the police... with the fire
chiefs...
Commissioner Dawkins: Um hmm.
Mr. Odio: They're the professionals. I'm going to do what they tell me we
have to do to maintain the level of services.
Commissioner Dawkins: Um hiamn.
Mr. Odio: We know what we have in the budget. They know what we have in the
budget because we prepared it together. So, he will tell you what he feels
about the level of services and what his people can and cannot do.
Commissioner Dawkins: See, but what he's telling me is fine. What I see is
something different, Mr. Manager.
Mr. Odio: Shorty, do you want to address that?
Mr. Shorty Bryson: If I may. If I may. Shorty Bryson, president of Miami
Firefighters. First of all, talking about working our firefighters to death.
I'm glad you are concerned. We do want to sacrifice for the citizens. My
body has told me to explore working out a deal where we work actually straight
rate to save the City money. Going back to the plan though, you know the City
employees gave up five and -a -half million in raises that were already
negotiated, already signed off, to make this thing work. If there is money in
that budget, then why did we do that? Now why did we give the money back? We
know the problem of the City. We're going down people, and we know we're
going down people. And I told everybody that we are going to do everything we
can to pull people back, pointing fingers, hiring ourselves at straight rate
instead of time and -a -half as provided in the contract. We are sacrificing
for the City. Not to buy into the plan at this time is an injustice.
Mr. Odio: Shorty...
Mayor Suarez: To the extent that you can't police...
Commissioner Alonso: I have some questions.
Mayor Suarez: ...Mr. Bryson, the Commissioners are inquiring. Kind of stick
to the questions that they're asking, and any responses you may have. The
philosophizing, I have a feeling it's going to be quite extensive by the time
we're all done here tonight.
83 September 26, 1991
11
•
Mr. Bryson: Yes, sir.
Commissioner Dawkins: Mr. Mayor, I'll make one statement.
Mayor Suarez: Commissioner Dawkins...
Commissioner Dawkins: I'm sorry.
Mayor Suarez: ...and remember that Commissioner Alonso is also inquiring.
So...
Commissioner Alonso: No, no, no, let me finish...
Commissioner Dawkins: OK, all right. You know, it's one thing to sit here
and say how dedicated we are and how much we are desirous of doing this and
doing the other. But, Shorty, nobody knows better than you as an old fireman
or a policeman, that when you work more than your normal hours, your body
rebels. Your reflexes get slower, your timing is bad, because you have not
been rested. And I would hope that the police would take into consideration
that driving down the streets, you know, ten hours a day and having worked ten
and then being asked to work ten more. Your reflexes are going to be gone,
you're not going to react. And you're not going to be the kind of officer
that you would be if you got the proper rest.
Mr. Bryson: Sir, to make our work hours, that's technical. It's an answer,
Mr. Mayor.
Mayor Suarez: Well, he didn't really ask a question, I don't think.
Commissioner Dawkins: I didn't, I didn't answer the question...
Mr. Bryson: OK.
Mayor Suarez: I thought it was a statement, all right.
Mr. Bryson: Press on.
Mayor Suarez: So, please, let the Commissioners inquire. Commissioner
Alonso.
Commissioner Alonso: Yes, Mr. Odio, when I was approached a few days before
making the decision and meeting September 5th, when I met with Mr. Surana and
representative of the unions and people from the administration, I was told
that we were going to have, perhaps, as high as 400 people, over 400 people to
retire. That number was given to me... Mr. Surana, you have poor memory?
Mr. Odio: He never knew... Commissioner, we had 400 that could retire, or
500, or six something.
Mr. Surana: ... eligible 429.....
Commissioner Alonso: They used, as an example, numbers around 400. And I
said, do you have the money to provide all of these incentives within our
84 September 26, 1991
budget? I was reassured, yes. Do you remember when I voted in favor of the
plan that I had many doubts. That I was not certain that the City of Miami,
by replacing 27 employees, could provide the same quality of services. I was
given the reassurance, yes, indeed, it was going to work. That we could
provide the services and all that I was given. It seems to me that if you
went into this plan, you should have known that the number was going to be
higher of people to retire. And that you should have taken into account that
possibility.
Mr. Odio: Well, we did.
Commissioner Alonso: You did?
Mr. Odio: As a matter of fact, the only that we... that's precisely why...
Commissioner Alonso: If we have 271 people that are going to retire, how many
are we going to hire back?
Mr. Odio: We will know after we start planning tomorrow. But... you have it?
OK, you want... but I'm telling you...
Commissioner Alonso: The number should be 49.
Mr. Al Cotera: No, ma'am...
Commissioner Alonso: No? How many?
Mr. Cox: A hundred and twelve.
Mr. Cotera: If you'll give me a second. We were expecting 186 people to
reti re.
Commissioner Alonso: Yes.
Mr. Cotera: Of those 186 people, we were going to replace 27.
Commissioner Alonso: Yes.
Mr. Cotera: Citywide. And we were going to get into the breakup later.
Commissioner Alonso: Yes.
Mr. Cotera: But Citywide, we were going to budget for 27 people,
approximately. Because of the fact that you had 271 people retire, you had 85
people extra retire. So you're going to have to now replace 112 employees.
Commissioner Alonso: How many?
Mr. Cotera: One hundred and twelve.
Commissioner Alonso: One hundred and twelve?
Mr. Cotera: Yes, ma'am. That's 85, plus 27.
85 September 26, 1991
•
•
Vice Mayor Plummer: Wait a minute, where's the 85?
Mr. Cotera: And that will still leave you, and that will still leave you....
Commissioner Alonso: Would you explain to me why you...
Vice Mayor Plummer: Al, that...
Mr. Cotera: ...wait a second, and that will still leave you with 159
vacancies.
Commissioner Alonso: Explain to me the logic. Explain to me why, from 186,
twenty-seven. And from 271, one twelve. Explain that to me, please.
Mr. Cotera: OK. We were expecting 186 people to retire.
Commissioner Alonso: Yes.
Mr. Cotera: We were going to replace 27. That would leave us with 159
vacancies. And that's what the budget was set up to do.
Vice Mayor Plummer: Mr. Mayor...
Mr. Cotera: Because of the fact that 85 people more than we anticipated
retired, you have to fill those positions in order to maintain the level of
service.
Commissioner Alonso: But you were expecting a higher number, because when you
people met with me, we were talking about a much larger number, and you were
telling me it was even better.
Mr. Cotera: The more people that retire is better because the people that are
retiring are the ones at the higher level of pay. That doesn't mean that
you're not going to have to replace those bodies. You're going to have to
replace a police officer at a starting salary versus someone with 34 years of
service.
Commissioner Alonso: OK, thank you.
Mr. Odio: There were actuarial... we went to an actuarial outside from the
City... see, here, Ken, and we did a study based on an actuarial reports, and
we know what the average salary of the people retiring is. It's $44,000. We
knew that we wanted to get rid of these people and that's the idea of the
plan. Not to get rid of them, but get rid of the high cost to the City and
that when we replace them, we would be replacing them with starting salaries
which is ten percent below the twenty-eight thousand for the first six months.
Then they go up to $28,000. That, plus the fringe benefit you're saving, 1s
substantial amount of monies as you replace them. We are not intending to
replace all of these people at one time. We are working out a plan that it
will be escalated through the year, so that we don't have to put out that kind
of money. And it's all in the budget and that's why we only projected five
million dollars savings because that's all we save the first year since we
needed to keep monies in the budget to replace people.
86 September 26, 1991
0 0
Commissioner Alonso: OK, so you're telling me that even though we have 112
people that you will have to hire, you are confident that we have enough money
in the budget, as presented to us, and you have no problem whatsoever meeting
that...
Mr. Odio: I feel confident...
Commissioner Alonso: ...added expense.
Mr. Odio: I feel confident that after tomorrow, when we sit down with all the
City departments in front of us and look at the essential services we need to
provide, that we will work out a replacement plan that will not be all at one
time, but through the year, and even through the next year, so that we don't
have to pay out that kind of money up front. And we will put a class in of
firefighters, of 30 people or whatever we decide tomorrow, another police
class of 30 or more when we meet tomorrow. And, yes, we will be replacing
them throughout the year. In the meantime, I heard that the firefighters are
willing to work extra hours and we need to work that plan out.
Mr. Cotera: That's the firefighters, by the way.
Mr. Odio: No ... yes, and you ... I know, Al. We'll talk tomorrow, Al. But the
fact is that, yes, we were expecting to have to replace firefighters,
policemen and solid waste people above the 186 in an escalated manner as soon
as we could.
Commissioner Alonso: I, as Commissioner Dawkins, have serious concern that
the employees might be very tired if they have to work the extra hours in
positions that we are talking saving lives and so on. So I'm concerned, and
I'm going to go back to that item. I have in front of me a letter that you
sent September 16 to Mr. Avino, County Manager, in which you talk about,
"...According to our records, the following payments are due to the City of
Miami." You're also saying in the letter that the amount that they owe to the
City of Miami is 2.7 million. You say, "Since the City of Miami cannot wait
any longer for this overdue payments, I'm hereby instructing the Finance
Department to offset the amount of 2.7 against payments to Dade County for
solid waste disposal fee."
Mr. Odio: That letter...
Commissioner Alonso: I asked - let me finish please - I asked Mr. Surana, I
called him into my office. I also asked you... and this money is not included
in the budget, this is an extra amount of money. What I'm asking... what I'm
saying today is, since we have right here 2.7 extra millions of which I
believe we can use only for the general fund, 2 million, I suggest that we
give this relief back to the taxpayers of Miami rather than putting it back
into the general fund, and we reduce the millage for the citizens of Miami
that need the relief very badly, to 9.411. And the answer of the money is
right here in this piece of paper. If we have 2 millions that could be used.
I discussed this about four times with Mr. Surana. He told me that, yes, I
did ask the City Attorney is it legal to use the total amount? He explained
to me that the two million could be put back into the general fund. So I'm
suggesting that these two millions be given back to the citizens of Miami.
87 September 26, 1991
Mr. Odio: Well, Commissioner, I wrote that letter and I know why I wrote it.
Commissioner Alonso: Yes, you did.
Mr. Odio: The County moved into our building at 1145 back in 1980, I believe.
They opened up the jail and they were supposed to pay us a minimum rent
through 1983. In 1983, from 183 to 186 when I became Manager, or 185, they
didn't pay anything. I asked them to sit down with me and negotiate a lease
with the City that makes sense to the City and to them, because they were
using our building. They were using our support services and everything else
that went with that building. And until I wrote that letter, I couldn't get
any answer back from the County. So what I did, I told the lease manager to
calculate a $10 a square Foot rent for that building, which is cheap, and send
them a bill and see what would happen. That is not money you have in the
bank. There is not a check coming. The County will not accept the off
setting - I met with them last week. We have to negotiate those dollars. I
wish we could... Commissioner, I wish I could tell you.
Commissioner Alonso: Mr. City Manager, with all due respect. Excuse me,
excuse me for a minute. With all due respect....
Mr. Odio: Let me finish....
Commissioner Alonso: ...but we cannot continue to allow the County...
Mr. Odio: I agree.
Commissioner Alonso: ...to use our facilities...
Mr. Odio: I agree.
Commissioner Alonso: ...and not to pay to the City of Miami.
Mr. Odio: I agree, that's why I sent them that bill.
Commissioner Alonso: In this letter, you are telling the County Manager, I'm
deducting this amount from our next payment.
Mr. Odio: Correct.
Commissioner Alonso: If you're doing so, I suppose you have enough money as
to pay for solid waste. If you do - let me finish, please - if you do, and
you say in very clear fashion, you are deducting the money, so meaning in a
very clear way, two extra millions are coming back. I was asked, where is the
money coming from? I have it right here. Two million. So I'm saying to the
unions, no layoff. I'm saying to the citizens, not reduction of services.
And I'm saying to you, Mr. City Manager, here we have 2 millions to give back
to the citizens of Miami that cannot continue to pay taxes. Maybe we should
remind Mr. Avino and the people at the County that some of our citizens are
receiving increases in a way that is very unfair. Thirty-three thousand
dollars increase in the millage... in the assessment value of a property in
one year. We have people like this family, 83 years of age. In 1987, they
were paying $555 in taxes. In 191, they paid $1,600. These people live in a
very poor area of Little Havana. These people, their houses I know quite
88 September 26, 1991
46 0
well, it hasn't increased the value but the assessment value went up. And
like these, I have many, many, many people who have the same situation. So we
are saying to the County and you say it quite well, and I commend you for
sending that letter and telling the County, we are going to deduct the money
from the next payment. And since we are in possession of the money, and since
we have two million extra, I'm moving on that base, to say, we don't have to
lay off anyone. Everyone, the plan, the budget, as presented to us, remains
exactly the same. The only thing that we are saying, the money that we are
not going to give to the County because they cannot continue to steal from the
citizens of Miami. They cannot increase the assessment value. They cannot
continue to increase taxes, and on top of that, they don't want to pay back to
the citizens of Miami. Mr. City Manager and fellow Commissioners, I think
enough is enough. Here are two million, Mr. City Manager. I think it should
go back to the people who pay taxes, the citizens of Miami. (CHEERING AND
APPLAUSE) I don't see why we have to affect our budget. It's going to remain
exactly as planned. The only thing that we are doing is we are giving back to
our citizens these two million that the County has been taking from them. And
I think it's only fair. And if you have an explanation to tell me why we
cannot give back these two million, you explain it to me.
Mr. Bryson: Excuse me. I have an explanation.
Mayor Suarez: Wait, wait, wait.
Mr. Bryson: I'm sorry.
Mayor Suarez: It was not directed. You're a great volunteer
for answers
today, Shorty.
Mr. Bryson: But I have some very good information. It's bad
information,
actually.
Mayor Suarez: But wait, wait. I want to follow the...
Commissioner Alonso: Mr. Manager, I resent when our employees seems
to know
better than the City Manager.
Mr. Odio: Well, I don't know what you...
Commissioner Alonso: When in this letter, the Manager stated in
a very clear
fashion that we are going to deduct 2.7...
Mayor Suarez: Yes, the question is directed at the Manager.
Mr. Odio: Well, I hope the employees knows as much as I do.
Because that
way, we have a good City.
Commissioner Alonso: Mr. City Manager, this is not included in
the budget.
This is extra money.
Mr. Odio: This is not, because that money we don't have. We do
not have a
legal document to back up that amount of rent.
89 September 26, 1991
Commissioner Alonso: You mean we don't have enough money as to pay to the
County?
Mr. Odio: No, no, no. That's not what I said. Commissioner, I said he
cannot, even though I threatened to deduct, the County doesn't accept that.
We still owe them 2 million dollars, and we have a legal battle here. And in
any common sense organization, if we had the money, we would have to put it in
escrow to make sure that when we have to pay it, we would have it. Now, I've
been told by the...
Commissioner Alonso: Mr. City Manager, this time I will move...
Mr. Odio: Right.
Commissioner Alonso: ...that we should really go against the County...
Mr. Odio: I agree.
Commissioner Alonso: ...they cannot continue to rule the City of Miami. They
cannot continue from the year 1989 to October 14th of 190, then the rent they
don't pay. The fire services, they don't pay. Why not? Are they above the
City of Miami? No way! The County cannot rule on top of us, and if we allow,
as a Commission, that the County take our money and refuse to pay it to us, I
don't know what's going to... they are going to wipe off the City of Miami.
They might as well take over the City of Miami. Because us, as a Commission,
cannot tolerate any of this. And if we have to go to court, Mr. City Manager,
we should do so. But these two million should go back to the citizens of
Miami. And I want to know how the members of the Commission and the County
are going to tell us not to do so. I'd like to move... Mr. Mayor, I want you
to see that letter, and to tell me and all of the members of this Commission,
how they feel about the County taking our money and not paying back and then
we are not allowed to give some sort of relief to our citizens because of
them!
Mayor Suarez: Mr. Manager, I think that all this Commission agrees that we
should vigorously pursue the efforts stated in the letter of September 16th,
1991 and, of course, if you should secure some of this in court or
voluntarily, report back to this Commission.
Mr. Odio: That's what I'm trying to do, Mr. Mayor.
Mayor Suarez: As to how we might spend any overage that we have. And that
motion is certainly in order. That would not be a...
Commissioner Dawkins: Hold it, Mr. Mayor.
Mayor Suarez: Yes, Commissioner Dawkins.
Commissioner Dawkins: Point of order. Mr. City Attorney, Mr. City Attorney.
A. Quinn Jones, III, Esq..: Yes, Mr. Dawkins.
Commissioner Dawkins: There is one motion on the floor. Is it not the motion
to reduce the millage? That motion has not been acted on.
90 September 26, 1991
Mayor Suarez: That's a good question.
Commissioner Dawkins: Can you properly put another motion on the floor, sir?
Mayor Suarez: That's a good question, Commissioner, I'm glad you brought it
up. I presume that if it's not inconsistent to the existing motion, we can
continue the discussion on the existing motion and still...
Mr. Jones: Yes.
Mayor Suarez: I'm glad you said that, otherwise I don't know what I would
have said. It's not inconsistent. That's in the form of a motion. Of
course, I don't know to what extent you have had a chance to read this, but
certainly the Manager of the City of Miami seems vigorously to be pursuing
offsets against the Metropolitan Dade County of various payments that are
indicated here that we think we are owed. And the motion, the tenor of the
motion is that to report back to this... to pursue this vigorously, as stated
in the letter of September 16th, 1991, including litigation. And if these
monies are, of course, recovered, to report back to this Commission on how we
should apply these monies.
Commissioner Alonso: Mr. Mayor, I...
Commissioner Dawkins: Seconded by...
Mayor Suarez: Seconded by.
Commissioner Dawkins: ...Dawkins.
Mayor Suarez: Commissioner Dawkins.
Commissioner Alonso: Mr. Mayor, think that on the basis of this letter, on
the basis of the information that the City Manager has given to me, I feel
very confident that we should reduce the millage in the City of Miami to
9.411, because we have the money here. And we should not pay to the County
anything else unless we make the deduction of this 2.7 and give the relief to
the citizens of Miami.
Mr. Cotera: Miss Alonso...
Mayor Suarez: Wait, wait, wait.
Mr. Cotera: If the County turns around and doesn't...
Mayor Suarez: Wait, wait, Mr. Cotera. I just want to...
Vice Mayor Plummer: Let me ask a question, if I may.
Mayor Suarez: The motion, if it's approved by this Commission, actually
initially results in a little bit of a cash flow loss to us, because it
involves spending some money in court. I think if, of course, we are able to
recover it, then I think you, you know, we ought to review the situation
again. But I do want to caution you that if anything initially, the motion
91 September 26, 1991
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requires spending legal resources, our City Attorney, hopefully, won't charge
any more because they can certainly handle it. But it might involve some
costs and some litigation, not to mention how the County might respond. Mr.
Cotera.
Vice Mayor Plummer: Mr. Mayor.
Mayor Suarez: Yes?
Vice Mayor Plummer: My concern is...
Mayor Suarez: Mr. Vice Mayor, I'm sorry.
Vice Mayor Plummer: ...has not the County approved their budget as of
yesterday? Was there any provisions whatsoever - we keep hearing poor mouth
from the County - were there any provisions in their budget to address this
letter that you sent?
Mr. Odio: They addressed the $720,000, which is the money owed for services
provided at the port. And the meeting that I had this past week with the
County Manager and the Assistant County Manager Dellapa, they assured me that
that check for seven twenty is coming. The two million is another question.
It's a question because the City did not have a lease in writing with them in
183, and so the $10 square foot that I feel is a fair amount for that kind of
a building, it is disputable. And I think this is - I know that it's going to
end up in court, they're going to refuse to pay that. So, it's monies I wish
I could tell you, yes, we have it. But we don't have it. I checked with the
Finance Department... cannot. I wish I could say we do have that revenue
coming in, but we cannot count on that money at all unless we had already
pledged from it. So accounting wise, we cannot do it. Legally, we cannot do
it either.
Vice Mayor Plummer: Mr. City Attorney, if we were to go to court over the
matter, which it looks like we wind up doing, approximately, in your
estimation, how long would it take in a court action to bring about a
judgment, hopefully, in our favor?
Mr. Jones: Mr. Vice Mayor, that's really difficult to ascertain.
Vice Mayor Plummer: Horseback opinion.
Mr. Jones: Given the present docket of the court, I think you're probably
looking anywhere, in terms of consummation of a trial, anywhere within inside
of a year. I mean, that's the best guesstimate I can give you.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: If I were leasing a property, and I did not pay the
lease fee, I would be evicted. So now, what's wrong with starting eviction
procedures against the County to get them out my building?
Vice Mayor Plummer: What are you going to do with the 329 prisoners they got
there?
'! 92 September 26, 1991
is
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Commissioner Dawkins: That's for the County and the judges and everybody
to... they're building four new jails, see? So all they have to do is reserve
space in the new jails to put these prisoners and give me my building.
Vice Mayor Plummer: Well, just on the record, because I fought this fight
before...
Commissioner Dawkins: Yes, you been here long enough.
Vice Mayor Plummer: If they give us back that building, the problem that we
have is that we've got to spend $500,000 on that building to remove the
asbestos.
Commissioner Dawkins: No, yes... and as we remove... well, they're not
removing asbestos.
Commissioner Alonso: No, they are not.
Vice Mayor Plummer: No, they're just leaving it there.
Commissioner Dawkins: All right, so if they're in it without removing of the
asbestos, why must I remove it?
Mr. Odio: They have truly...
Commissioner Dawkins: You know, you all can find all kind of excuses not to
push the issue.
Mr. Odio: They have truly taken advantage of us there. I hope I was... I'm
hoping that we can correct it, but I don't know if I can count on monies
that...
Commissioner Dawkins: OK, we've been... we've been on this almost an hour.
What are we going to do, Mr. Mayor?
Vice Mayor Plummer: Well, Mr. Manager, if I may. I just want to ask this
question. We're saying that if, in fact, we went to court, which we probably
will have to do, the City Attorney says that it would take most likely within
a year, what happens if we bank on that money as of today. We don't collect
it for the year, and we drop 1.9 million dollars, what has to give in this
budget if, in fact, we don't have the money?
Mr. Odio: Well, see, then you're talking...
Vice Mayor Plummer: I've been here 21 years, and I've heard all the time the
County is going to pay you next week. Now, I'm realistic. What happens if,
in fact, we drop by 1.9 million dollars, and we don't get this money before
the end of the year at best?
Mr. Odio: Then you have a four million dollar problem, and I'm telling you
that in sincerity I stand by this budget. There is not that kind of money in
this budget at all. Something will have to give.
93 September 26, 1991
Commissioner Alonso: Why can't we hold the money rather than pay into them?
Constantly, we are paying to the County. We don't withhold money. This time,
let them take us to court. Let them take us to court, rather than us taking
them to court. We hold the money. We keep the money this time. And let the
County take the City of Miami to court to ask for payment of something in
which they owe us two millions. So let them take us to court. Let's hold the
money, and keep the money and we don't pay them. And let's see what happens
this time.
Mayor Suarez: Which money, Commissioner?
Commissioner Alonso: We have to make payment to them, right?
Mayor Suarez: Right.
Commissioner Alonso: We withhold the money, we don't make payments to them.
Mayor Suarez: But, these here...
Commissioner Alonso: Solid Waste.
Vice Mayor Plummer: Yes, but what happens if they lock the door and don't
take our garbage?
Mayor Suarez: These payment are due to...
Commissioner Alonso: Mr.... Commissioner....
Vice Mayor Plummer: No, don't laugh, don't laugh! (CHEERS AND APPLAUSE.)
That's not a laughing matter.
Unidentified Speaker: Where are you going to put it then?
Commissioner Alonso: Commissioner, let them do that and we'll see what
happens. Because it's about time this Commission take a serious stand against
the County to prove to them that they have to respect the citizens of Miami.
Vice Mayor Plummer: Miriam, I have no problem with that.
Commissioner Alonso: So, I doubt very much...
Unidentified Speaker: Then you'll really have curb service.
Mayor Suarez: Please, please...
Commissioner Alonso: ...that the people that sit on that Commission will
allow the County Manager to lock the doors for the City of Miami. 1 certainly
think they have more common sense than to do that.
Mayor Suarez: But the problem with these is that these are payments due to
us. We're going to have to take a vigorous action affirmatively. We can't,
as to these.
Commissioner Alonso: No, but we made payments to them.
94 September 26, 1991
Vice Mayor Plummer: Well, that's... You see, Mr. Mayor...
Mayor Suarez: You mean other payments.
Commissioner Alonso: Other payments.
Mr. Odio: No, wait...
Mayor Suarez: But, in those, the legal obligation may be clear, whereas on
this one, we have to aggressively pursue them.
Vice Mayor Plummer: Yes, but you see, let me tell...
Commissioner Alonso: No, we deduct.
Vice Mayor Plummer: ...let me tell you what you're missing.
Commissioner Alonso: From our payment.
Mayor Suarez: Except...
Commissioner Alonso: Mr....
Mayor Suarez: I don't want to play attorney, but these are payments that are
owed, we think, to us. And I have a feeling that your other motion, the
motion before us, is the correct one, which is to go ahead and pursue
vigorously, affirmatively, the collection of these again the County.
Commissioner Alonso: Let me tell you something. In the past, our City
Manager has withhold payments.
Mr. Odio: Yes.
Commissioner Alonso: He has. He has withhold payment.
Mayor Suarez: If there's a doubt as to the valid... the legal obligation,
yes.
Commissioner Alonso: And nothing has happened. Nothing has happened. Why
' can't we do it this time? Why can't we do it this time, and give some relief
to our people? Why can't we do it when it is something that will go back...
Mayor Suarez: Because your motion was well taken before. The motion is to
pursue vigorously in court, aggressively. Don't sit around and wait for them
{ to sue you on something that they almost, for sure, clearly have a right to.
And then just wait to counter claim. That's interesting in other situations,
but not necessarily here. That's my opinion.
f
Commissioner Dawkins: Cali the question.
Vice Mayor Plummer: Well, you see - no, no, wait a minute. You see, here's
the problem I see and it's been brought out by the Manager. Commissioner
=I Dawkins said, you know, if I own, and I'm in a thing and I don't pay my rent,
-f
95 September 26, 1991
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they evict me. But we don't have a lease. There was not a lease made with
the County to make a determination that they would pay "X" number of dollars.
They have just... they went in there and said, well, we'll talk about it.
Now, you know, I'm assuming that that would be the basis of the lawsuit. And
the thing that bothers me is, it's nice to think that they will be gentlemen
and do what is right by paying us. But I know the history that is there. It
doesn't happen that easily. The only time that we were able to negotiate with
the County successfully was on the port causeway, and we had them by the
traditional. And we got that check from them. And even then, it took us a
year to collect the money.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Vice Mayor Plummer: Well, I'm saying at least a year. My fear is... the old
City Manager around here used to do a thing called anticipated salary savings.
Well, this is basically the same. Anticipated payment by the County. It
didn't happen then - hello? Oh. It didn't happen then, and my concern is, is
it not going to happen again? That's my concern. If we had a contract that
said they owe us "X" number of dollars, and we could hold their feet to that
contract, I would feel somewhat comfortable in doing such. But we don't have
a contract. Commissioner De Yurre, did you want to speak?
Commissioner De Yurre: Well, I think that, you know, it seems like we're
working - and you brought this point up which I agree with you - that all of a
sudden, we have a letter that we sent, and we got $2 million dollars coming to
us. And legally, I hadn't heard any basis for which we have a right to that
money. You know, did we ever... you just mentioned, we never entered into a
lease. Did they ever pay us prior to 183 any monies at all? Did you?
Mr. Odio: If their pay was minimal monies, and that's what I said to them,
that it was not acceptable. That that kind of a building would have to be...
I believe it was a dollar a year, or something like that, kind of a lease.
Commissioner De Yurre: So, at best, I can see...
Mr. Odio: That's doesn't make it right.
Commissioner De Yurre: ...in agreement. The best I can see is something in
the future, we're coming to come understanding as to what they're going to pay
us there for that property. And maybe try to recuperate something. But,
certainly, just because we, you know, we could have made it $12. We could
have made it $14. Does that entitled us to $3 million dollars then? It
doesn't work that way. And we'd be tied up in court for at least a year. You
know how that goes with depositions and hearings and postponements and
calendars and all that kind of thing. I do believe though, that we do have to
proceed vigorously in pursuing equity in this situation and start collecting
money as soon as possible and to try to collect something for what they've
already used it for in the past going back to 183, whatever we can recuperate.
But right now, anything that we can pick up going back, I would consider it a
bonus.
Vice Mayor Plummer: At first, that was leased out to the Marshals, U.S.
Marshal's Office. And I don't think they paid us anything.
a
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96
September 26, 1991
Commissioner be Yurre: I think that we have to concentrate on negotiating to
obtain monies for using the facility in the future.
Mayor Suarez: And, at some point, Mr. Manager, Mr. City Attorney, it would be
in order for you to report back to us. I know I'm expressing impatience with
this - because I am impatient - on the very many things that we have suggested
to you be done to collect against other folks. Everybody is suing us. We're
sending cases right and left. We're paying and we don't see any reports - I
have not gotten one report from the City Attorney's Office or from the
Manager's office on a single effort to obtain contribution for some of those
contamination cases, from some claims to be filed by the City in cases in
cases that people create damages for us. And this is another example. We
need you to be aggressive, Mr. Manager, Mr. City Attorney. I know we haven't
had a... you're an Acting City Attorney right now, but we need you to work
together and emphatically, to seek some of these actions. It may be that some
attorneys are willing to do some of them on a contingent fee basis.
Contacting environmental attorneys; in the case of this, who knows? Some
attorney might want the visibility of filing this suit against the County.
And please pursue that aggressively and report back to us. I haven't gotten
one report and at least a year ago, I asked the City Attorney's Office and
this Commission asked on some of these cases of contribution for properties of
the City that are contaminated, that we pursue every property owner in the
line of succession as the law prescribes, if I'm correct about that. We have
a motion and a second on this issue, I believe...
Commissioner Alonso: Just a minute, Mr. Mayor.
Mayor Suarez: Yes, Commissioner Alonso.
Commissioner Alonso: May I ask to the City Manager. Why did you write this
letter?
Mr. Odio: When?
Commissioner Alonso: Why?
Mr. Odio: Well, you know, there are some things in nego.... you're asking me
to divulge what I'm trying to do in negotiations, I'll do it. That's a ploy
to get them to the table to negotiate, to listen to. They have no re... they
have had... there has been no way of me getting them to the table and said,
we, the City, has been demanding a lease and there was no way for me to bring
them to the table. So I said, fine, I'll write you a lease. This is it. And
that's... I got a meeting last week. And that's when I presented this bill
again. And I hope that now we can write up a lease, and I hope that we can
collect some of our monies, whether we 2 million, I don't know what it will
be. It's certainly... it's better than what we had before, but that's what I
wanted. That was a way of catching their attention to come on, you better
talk, or I am going to withhold your monies. But...
Commissioner Alonso: So, you were...
Vice Mayor Plummer: May I ask another question?
Mayor Suarez: Vice Mayor Plummer.
97
September 26, 1991
Vice Mayor Plummer Mr. Manager, I've sent you a letter that I received from a
private hauler from my business in the County. The indication from the
private hauler was that my fee for my dumpster was going to go up 36 percent
because of the increase in the dumping fees of the County. Do we have for the
coming year, starting October 1st, a guaranteed rate?
Mr. Odio: No, sir. Let me tell you something what I find out. See, what's
happening is Broward County is charging above a hundred dollars a ton, I
believe. Is it a hundred dollars, Carlos? It's about a hundred dollars.
Anyway, the difference... Broward County charges about a hundred, the County
was charging $43 or something like that. They are going to bring that fee up
to $100 as soon as they can within two year, so that people don't come from
Broward County and dump their garbage down here, which is what's happening.
And the private haulers pick it up in Broward County at a rate, then they know
they can save money, so they bring it to our dumps and are filling up our land
fills or whatever. It's now gone up to sixty-eight.
Vice Mayor Plummer: In the Broward.
Mr. Odio: In Broward, it is about a hundred. Am I wrong? How much is it,
Ron?
Vice Mayor Plummer: Sixty-eight.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Odio: I'm sorry, sixty-eight in Broward, and a hundred in Palm Beach.
They're all coming down here. That's why you find tires on the street, tires
on the corners. They want to save that money. The County will be able to
raise their fee any time they wish. Like they have for next year, it cost us
an additional $3 million dollars for next year. Because they, without notice,
just tell us, next year we're going to charge you this much.
Vice Mayor Plummer: I ask one final time. Mr. Manager. If we were to reduce
the taxes, and we don't receive the money, what would you have to do to
accommodate that loss?
Mr. Odio: The only way you save money in the City is through positions.
Either we do not bring back policemen and firemen that we are planning to
bring back, or we lay off some people. Simple as that.
Vice Mayor Plummer: And what would you anticipate at a 1.9 million in the
amount of layoffs?
Mr. Odio: Ninety... 1.9 million, or make it 2 million, is about 60 to 90
positions. It depends on which area they are.
Vice Mayor Plummer: Yes.
Commissioner Alonso: I would like to move again that we take a vote on my
fist motion. And based on the letter of the City Manager in which he stated
to the County that he's going to offset the amount of 2.7 million dollars
against payments to Dade County for Solid Waste disposal fees, I move that we
reduce the taxes for the citizens of Miami to 9.411.
98 September 26, 1991
Mayor Suarez: OK, I deem the motion actually to be withdrawal of the prior
motion which was close to that, but a little different. And now to reflect
that we, in any event... actually then, it kind of merges with the other
motion that is still pending, which is the one on the millage. And if the
Commission then, at this point, wants to vote on that, maybe Commissioner
Dawkins, who seconded your motion on the millage...
Commissioner Dawkins: If you're ready to vote, I'm going to second it.
Mayor Suarez: All right.
Commissioner Dawkins: If you're ready to sit up here and philosophize more,
I'm not going to second it.
Mayor Suarez: I'm not philosophizing, Commissioner, I'm trying to clarify...
Commissioner Dawkins: OK, I second, I second.
Mayor Suarez: Seconded. All right, so we have a motion and a second.
Commissioner De Yurre: Which is?
Mayor Suarez: That the millage rate be reduced to 9.411, is that?
Commissioner Alonso: Yes, yes.
Mayor Suarez: With the expectation and the money to fund that would be
obtained from the action, legal action, reflected in the memo of the Manager
of September 16th, 1991. And, actually, since it's...
Commissioner De Yurre: I really don't understand that motion.
Mayor Suarez: OK, Commissioner De Yurre. Actually, that's really the basic
motion that was made. Although now there is some idea where, how it would be
funded.
Commissioner De Yurre: No, are you saying... hold it, hold it. Are you
saying that we reduce the millage based solely on that letter?
Mayor Suarez: Well?
Commissioner De Yurre: Well, that's what I'm understanding right now.
Explain it to me.
Mayor Suarez: I don't know if the question is directed at the mover, but the
chair understands the motion to be that the millage rate will be reduced in
any event. And with the expectation that funds will be obtained through the
procedures indicated in this letter. So it's not too different from what you
asked.
Commissioner De Yurre: And, OK... Well, now in the case that we get nothing
from that letter, which is really what I think we're going to get nothing,
what then? Then we're back to square one. Where is the 21.9 million dollars
going to come from?
99 September 26, 1991
Commissioner Alonso: Well, I think we should call them on it.
Commissioner De Yurre: And I have yet to hear from the unions as to what
they're going to say which I think they're going to have a say before we vote
on this.
Mayor Suarez: OK, any further discussion? I have a little problem
procedurally. I want to let people speak on the general issue of the budget
and the millage rate. And this motion encompasses that. So I want to clarify
that to the Commissioners who would like to close off debate. It is
essentially the same motion, Commissioner Dawkins. That's the problem, so we
may have to take your testimony at this point because it is the same basic
issue that we've been discussing, and now has a specific proposal on how the
money may be found to do that reduction. OK? So with that understanding,
appreciating your courtesies, when you come up to the mike, keep your remarks
to two minutes, please. DOS MINUTOS, POR FAVOR. SI TIENE QUE TRADUCIRL09
ENTONCES LE DAMOS TAMBIEN EL TIEMPO PARA LA TRADUCCION. The City Manager is a
very good translator, and he seems so full of energy today. And then...
Mr. Manuel Rodriguez: YO PRIMERO QUE NADA...
_ Mayor Suarez: UNA ULTIMA COSA, PERDON. QUE TRATE, NO PORQUE NO TENGAN
DERECHO, SING SIMPLEMENTE POR EL IMPACTO QUE TIENE DE NO SER DEMASIADO
REPETITIVO. DESPUES DE UN MOMENTO, SI USTED QUIERE DECIR QUE ESTA DE ACUERDO
CON LO QUE SE HA DICHO, DA SU NOMBRE Y SU DIRECCION Y CUALQUIER OTRA
INFORMACION QUE QUIERA DAR. OK? If I may, sir.
Mr. M. Rodriguez: YO SOY CIUDADANO AMERICANO.
Mr. Odio: USTED HABLA INGLES?
Mr. M. Rodriguez: Eh? No.
Mr. Odio: No. OK. HABLE DESPACIO ENTONCES.
Mayor Suarez: All right, wait a minute, wait a minute. ESPERESE UN
MOMENTICO. Just to say that in English. Please, everybody who is going to
speak on this, the heads of the unions, I suppose... I'll have to try to limit
you to two minutes too. Remember, we've heard your arguments privately at the
first hearing. And that here when you get repetitive, it tends to have the
opposite effect. OK?
Mr. M. Rodriguez: YA TENGO DERECHO A HABLAR?
TRANSLATION: Does he have the right to speak?
Mayor Suarez: SI, SU NOMBRE Y DIRECCION.
Mr. M. Rodriguez: SENOR ALCALDE, LO PRIMERO, SOY PROPRIETARIO. EN ESTOS
MOMENTOS, AQUI, ESTO PARECE UN CIRCO. LOS PEQUENOS PROPRIETARIOS, LOS QUE
VINIERAN AQUI. EL PROBLEMA QUE TIENE EL COMISIONADO DE YURRE...
TRANSLATION: Mr. Mayor, Commissioners, the first... the small owners... this
looks like a circus... We are the...
100 September 26, 1991
llft�
Mr. Odio: Wait, wait, wait...
Mr. M. Rodriguez: ESPERESE. DEJEME TERMINAR.
Vice Mayor Plummer: I'm lost.
Mr. Odio: PERO ES QUE TENGO QUE...
Mayor Suarez: Please, let's have respect for everybody, whether we like their
opinions or not. Go ahead, sir, please.
Mr. M. Rodriguez: EL PROBLEMA QUE TIENE EL COMISIONADO DE YURRE CON LA
COMISIONADA ALONSO, ESO ES UN PUNTO Y APARTE... OK? AHORA YO QUIERO HACER UNA
PREGUNTA A USTED, CINCO PREGUNTAS.
TRANSLATION: He wants to put separate the problems that the Commissioner De
Yurre and Commissioner Alonso may have. It has nothing to do with what he
comes here to propose. He wants to make five questions to me.
Mr. M. Rodriguez: COMO USTED HA SIDO ATACADO Y ES EL ADMINISTRADOR...
Mr. Odio: No, haven't been attacked. DICE QUE since I've been attacked and
I'm the Manager, he wants to ask me five questions.
Mr. M. Rodriguez: YO QUIERO HACER UNA PREGUNTA. EL INCINERADOR ES DE LA
_ CIUDAD?
TRANSLATION: He wants to ask me a question. Is the incinerator belongs to
the...
Mayor Suarez: Mr. Manager, ESPERECE UN MOMENTICO, SENOR.
Mr. Odio: That's a good question.
Mayor Suarez: I'm going to translate, I'm going to translate. Because he's
directing questions at you, make it a little easier for you. I think that's
fair.
Mr. Odio: Thank you, Mr. Mayor.
Mayor Suarez: VOY A TRADUCIR PORQUE COMO USTED ESTA HACIENDO PREGUNTAS A EL.
EL ES EL ALUDIDO, ME PARECE QUE ES JUSTO QUE YO TRADUZCA.
Mr. Rodriguez: EL INCINERADOR ES DE LA CIUDAD?
Mr. Odio: No, it belongs to the County.
Mayor Suarez: I have to translate, Mr. Manager. I have to translate to
English what he asked.
Mr. M. Rodriguez: NO, PERO, ESPERESE, ESPERESE, DIGAME SI 0 NO, Y DESPUES...
Mr. Odio: No, it's not the City.
Mr. M. Rodriguez: ES DEL CITY? DEL CONDADO?
101 September 26, 1991
Mr. Odio: No. DEL CONDADO.
Vice Mayor Plummer: What is the question?
Mayor Suarez: Sir...
Mr. M. Rodriguez: ESTA ARRENDADO A ALGUNA COMPANIA?
Mayor Suarez: Mr. Manager, please, please, please.
Vice Mayor Plummer: What was the question?
Mayor Suarez: That's what I'm trying to get. State your question in Spanish
again, I'll translate. DIGA SU PREGUNTA EN ESPANOL DE NUEVO.
Mr. M. Rodriguez: SI EL INCINERADOR ES DE LA CIUDAD 0 DEL CONDADO?
TRANSLATION: Is the incinerator property of the City or the County?
Mr. Odio: The answer is no. LA RESPUESTA ES QUE NO. LE PERTENECE AL
CONDADO. It belongs to the County.
Mr. M. Rodriguez: ES UNA COMPANIA PRIVADA?
TRANSLATION: Is it a private company?
Mr. Odio: No, BUENO SI. Yes, yes. MONTANE.
Mr. M. Rodriguez: YA VOY A DEJAR ESE PLANO. Y EL RECYCLE? EL RECYCLE ES DE
LA CIUDAD 0 DE UNA COMPANIA PRIVADA?
TRANSLATION: Is the recycling, does it belong or is it carried out by the
City or by a private company?
Mr. Odio: No. The City.
Mr. Rodriguez: Eh?
Mr. Odio: The City. POR LA CIUDAD.
Mayor Suarez: POR LA CIUDAD.
Mr. M. Rodriguez: ES UNA COMPANIA INGLESA?
Mr. Odio: No. And, no...
Mr. M. Rodriguez: NO? SEGURO?
Mayor Suarez: Wait, wait, wait. Is it not an English company?
Mr. Odio: No, no.
Mayor Suarez: That's pretty easy to translate, the "no."
Mr. Odio: It's a Cuban black and Anglo company.
102 September 26, 1991
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l
Mr. M. Rodriguez: ENTONCES, SI RECIBEN ESE RECYCLE QUE ESTA DEJANDO MILLONES
DE DOLARES A LA CIUDAD, POR QUE PIENSAN SUBIRNOS LA BASURA Y LOS TAXES DE
NUESTRA PROPRIEDAD?
TRANSLATION: OK, then, if this recycling which is producing millions of
dollars in revenues to the City. Why is there an intention of raising the
garbage fee and other taxes?
Mr. Odio: Well, the question is asked for me, so I'll answer it. In English
and Spanish.
Mr. Rodriguez: NO, CONTESTEME EN ESPANOL.
Mayor Suarez: No, no, sir, please. Now, he's going to answer the question.
OK, Mr. Manager.
Mr. Odio: You are asking me a question. I said, first of all, we are not
making millions of dollars from recycling. It's costing us money at this
time. Number two, we are not...
Mayor Suarez: Why don't you translate as you go if you're going to translate,
otherwise I will.
Mr. Odio: OK, OK. BUENO, NO ESTAMOS GANANDO MILLONES DE DOLARES EN EL
RECICLAJE. AL CONTRARIO, NOS ESTA COSTANDO COMO $800,000 AL ANO.
Mr. M. Rodriguez: A QUIEN?
Mr. Odio: A LA CIUDAD.
Mr. M. Rodriguez: USTED ME QUIERE DEJAR RECOJERLO Y YO LE VOY A DAR ALGO?
Mr. Odio: ESPERESE UN MOMENTA.
Mayor Suarez: Mr. Manager, I'm going to have to translate for you because
you're not translating faithfully. OK?
Mr. Rodriguez: OK, VAMOS A ACEPTARSELO, SENOR...
Mr. Odio: Wait...
Mayor Suarez: No, no, he's answering your question.
Mr. Odio: He's asking me a question, I'm going to...
Mayor Suarez: He's answering your question. That was number one. Number
two, if you remember.
Mr. Odio: Number two is, we are not raising taxes. The City...
TRANSLATION: NO ESTAMOS SUBIENDO LOS IMPUESTOS, ESE ES EL NUMERO DOS QUE ESTA
RESPONDIENDO.
Mr. Odio: The City of Miami has not raised taxes for the last seven years.
TRANSLATION: LA CIUDAD DE MIAMI NO HA SUBIDO '_OS IMPUESTOS POR LOS ULTIMOS
SIETE ANOS.
103 September 26, 1991
Mr. M. Rodriguez: PERO PERDONEME UNA COSA, NO ES NEGOCIO EL RECYCLE?
(INAUDIBLE COMMENTS FROM THE CROWD)
Mayor Suarez: Excuse, I beg your indulgence. Is it not...
Mr. Rodriguez: NO ES NEGOCIO EL RECYCLE?
TRANSLATION: Is it not profitable to recycle?
Mr. Odio: No.
Mayor Suarez: The answer, no.
Mr. Rodriguez: YO QUIERO QUE USTED ME DIGA CUANTO TIENEN DE GASTO DE
REPRESENTACION LOS COMISIONADOS Y EL ALCALDE. LA VERDAD PORQUE YO LO VOY A
AVERIGUAR.
TRANSLATION: I want you to tell me how much of a budget do the Commissioners
and the Mayor have for, presumably for their operations?
Mayor Suarez: It's not a real good translation...
Mr. Odio: What I know is that only the Mayor receives a $2,500 a year - I'm
going from memory.
TRANSLATION: LO QUE YO SE POR LO QUE ME LLEGA LA MEMORIA ES QUE NADA MAS QUE
EL ALCALDE RECIBE $2,500.
Mr. Odio: AL AND POR GASTOS DE REPRESENTACION..
Mayor Suarez: No, you're supposed to say it in English.
Mr. Odio: The others do not receive any monies at all for that.
TRANSLATION: LOS DEMAS NO RECIBEN NINGUN DINERO DE ESE TIPO DE ACUERDO CON EL
CHARTER DE LA CIUDAD.
Mr. Odio: That's right. That's right.
Mr. M. Rodriguez: BUENO, APARTE DE ESO.
TRANSLATION: OK, aside from that.
Mr. Odio: OK.
Mr. M. Rodriguez: AHORA YO QUIERO HACERLE UNA PREGUNTA A USTED. POR QUE
USTED TIENE 15 HOMBRES PARA SER EL ADMINISTRADOR DE LA CIUDAD, QUE EL QUE
MENDS GANA $65,000?
TRANSLATION: Why do you have 15 people as the Manager of the City of Miami
and of those 15 the one that makes the least makes CUANTO DIJO?
Mr. Odio: Sixty-five.
Mr. M. Rodriguez: EL QUE MENDS GANA $65,000.
Mayor Suarez: Sixty-five thousand dollars a year. OK.
Mr. Odio: I don't have 15 people working directly for me. OK, I only five
Assistant City Managers. And two other staff persons that work directly for
104 September 26, 1991
me, that's all. When I became Manager, we had over 32 department directors
and now we only have eleven.
TRANSLATION: NO TENGO 15 PERSONAS TRABAJAN00 DIRECTAMENTE PARA MI. TENGO
CINCO ASISTENTES AL ADMINISTRADOR Y DOS OTRAS PERSONAS QUE TRABAJAN Y QUE SON
DE MI ADMINISTRACION. CUANDO YO INICIALMENTE FUI DESIGNADO ADMINISTRADOR,
TENIAMOS 32 DIRECTORES DE DEPARTAMENTOS Y AHORA TENEMOS 11.
Mr. Rodriguez: AHORA TIENEN 15 Y GANAN LOS MISMOS SUELDOS QUE GANABAN
ACTUALMENTE...
Mr. Odio: Eleven.
TRANSLATION: ONCE.
Mr. Odio: ONCE.
Mayor Suarez: Do they make the same salaries that they used to make?
Mr. Odio: No, they make more because they are... in some cases the Assistant
City Managers now have double duty, so they are assistants... They are
Assistant City Managers and they're also department directors.
TRANSLATION: NO, EN ALGUNOS CASOS GANAN MAS PORQUE ALGUNOS DE LOS ASISTENTES
DE ADMINISTRADOR HOY EN DIA TIENEN DOBLE OBLIGACION 0 DOBLE CAPACIDAD. SON
ASISTENTES DEL CITY MANAGER, EL ADMINISTRADOR, Y TAMBIEN DIRECTORES DE
DEPARTAMENTOS.
Mr. M. Rodriguez: PORQUE EL SENOR...
Mayor Suarez: You can't go that fast. And you've done more than five
questions. There's a lot of other people who want to speak, so... HAY MUCHA
OTRA GENTE QUE QUIEREN HABLAR Y USTED HA HECHO MAS DE CINCO PREGUNTAS YA. HA
HECHO COMO DIET_.
Mr. M. Rodriguez: NO, NO, ESPERESE, CUANDO USTED... UNA COSA QUE NO LE...
Mayor Suarez: PARECE UNA AMETRALLADORA USTED.
Mr. M. Rodriguez: ...PERFECTO, YO SOY UNA PORQUE TENGO QUE EXPLICARME.
PORQUE ESTE SENOR...
Mayor Suarez: I just said, for the record, he's like a machine gun, you know,
rat -tat -tat -tat. And it's tough to translate everything.
Mr. Odio: Wait, wait, listen. Wait, wait, if you're...
Mayor Suarez: POR FAVOR.
Mr. Odio: Mr. Mayor, I have... If you're going to talk to me, treat me with
respect like I'm treating you.
Mr. Rodriguez: NO, YO LO ESTOY RESPETANDO. YO LE ESTOY DICIENDO A ESTE
SENOR...
Mr. Odio: OK, GRACIAS.
105 September 26, 1991
Alk
Mayor Suarez: OK. No, no, sir. Direct your comments to the chair. DIRIJA
LOS COMENTARIOS A MI.
Mr. M. Rodriguez: ESTE SENOR, PORQUE GANA $120,000? MAS QUE EL GOVERNADOR DE
LA CIUDAD.
Mr. Odio: No, I'm sorry.
Mayor Suarez: He's read... Mr. Manager, please, he's saying into the record
that this gentleman, referring to the City Manager, makes $120,000 a year.
Mr. Odio: I do not. My answer to that...
Mayor Suarez: Please, Mr. Manager, please, please.
Mr. M. Rodriguez: ESO EN LA PRENSA QUE SE SUBIO $20,000. ES MENTIRA ESTO?
ENTONCES LA PRENSA ES UNA MENTIROSA.
TRANSLATION: The media reported that - Sirl - you increased your salary
$20,000. Is that correct, sir? Mr. Manager.
Mr. Odio: I wish I had. I only make $106,000 and I haven't had a raise
because I felt that it was not proper for the last two years.
TRANSLATION: QUISIERA PODER HABER HECHO ESQ. NADA MAS QUE GANO $106,000 AL
AND, Y NO ME HAN DADO UN AUMENTO POR LOS ULTIMOS DOS ANOS PORQUE YO NO PENSABA
QUE ERA PROPRIO.
Mr. Odio: And I will not take one for next year either.
Mr. M. Rodriguez: DEJAME TERMINAR.
Mr. Odio: I don't care what he says. I mean...
Mayor Suarez: OK, finish your questions. We've got other people, sir.
Mr. M. Rodriguez: ES LO ULTIMO QUE VOY A PREGUNTAR. LA CIUDAD DEL SENOR
ADMINISTRADOR, SE PUEDE CITAR CONMIGO Y LA PRENSA ESCRITA PARA MANANA QUE
USTEDES LLEVEN SUS TARGETAS DE LO QUE HAN PAGADO DE TAXES ANOS 89 Y 90 POR LA
PROPRIEDAD Y LO QUE LE HAN SUBIDO?
TRANSLATION: The last thing I'm going to ask. Will the City Manager be
willing to meet with me and the print press, the print media for the media to
verify what each...
Mayor Suarez: USTEDES, A QUIEN SE REFIERE, A LOS COMIS...
Mr. Rodriguez: NO, NO, A LOS COMISIONADOS Y AL EL SENOR, Y EL ALCALDE.
TRANSLATION: For the Manager and the Commission to show how much they have
paid in the last few years in taxes.
Mr. Odio: Mr. Mayor, I think at this point, you know, because these people
are confused...
Vice Mayor Plummer: No, no, no...
Mr. Odio: ...then have been confused. At this point we have to show them
that...
106
September 26, 1991
Vice Mayor Plummer: No, no, no. You want to see my tax bill?
Mr. Odio: Well, you can see mine too.
Vice Mayor Plummer: I'll be glad to show you my tax bill.
Mayor Suarez: OK, the answer is yes. We made it simpler.
QUE SI.
Mr. M. Rodriguez: LA PREGUNTA ES SI 0 NO?
LA RESPUESTA ES
Vice Mayor Plummer: No, no, no, no. Whoa, whoa! MOMENTICO, ESPERE.
(LAUGHTER)
Mayor Suarez: All right. Mr. Vice Mayor.
Vice Mayor Plummer: No, no, no. I invite this gentleman to walk over to the
Clerk's Office. For the last 20 years, I have filed my federal income tax,
and it's a matter of public record.
Mayor Suarez: EL SENOR ESTA INVITADO A VER TODOS LOS DOCUMENTOS DE LA CIUDAD
DE MIAMI QUE EN LOS ULTIMOS 20 ANOS - YO CREO QUE EL HA ESTADO AQUI COMO 50
ANOS - PERO BUENO, POR LO MENDS LOS ULTIMOS 20 ANOS, EL HA RADICADO Y HA
DECLARADO TODOS LOS IMPUESTOS QUE EL HA PAGADO.
Vice Mayor Plummer: Public record.
Mr. M. Rodriguez: NO, NO ES 20, ES LO ULTIMO AHORA.
Mayor Suarez: EL HA RADICADO Y HA DECLARADO TODOS LOS IMPUESTOS QUE EL HA
PAGADO.
Mr. Odio: Mr. Mayor, I think we're confusing the....
Mr. M. Rodriguez: ESTOY HABLANDO.
Mr. Odio: PERDONEME UN MOMENTICO.
Mayor Suarez: That, by the way, goes for me, and I presume for the rest of
the Commission. We will obviously want you...
Mr. Odio: I think we're confusing his question. I think he was saying that
whether the property taxes have gone up.
Mayor Suarez: Mr. Manager, with all due respect, we have all kinds of people
that want to... I think a lot of these questions are rhetorical, frankly. I
don't think that each one needs...
Mr. M. Rodriguez: EL SENOR PLUMMER...
Mayor Suarez: No! You said that was your last one.
107 September 26, 1991
i
Mr. M. Rodriguez: ESPERATE, ESPERATE. I'm sorry. I'm sorry.
Mayor Suarez: DIJO QUE ESA ERA LA ULTIMA Y TENEMOS OTRA GENTS. I'm sorry.
I'm sorry.
(APPLAUSE AND SHOUTING)
Mr. M. Rodriguez: EL HA CONFUNDIDO PAGAR LOS TAXES. YO NO ESTOY HABLANDO DE
LOS TAXES. ESTO... LO QUE HAN SUBIDO USTEDES A SUS PROPRIEDADES COMO ME HAN
SUBIDO A MI $20,000. OK?
TRANSLATION: I'm not speaking... clarification, I'm only speaking about the
taxes, the... Oh, he wants to know how much the City Manager's property and
that of the Commissioners has gone up in value and property assessment.
Mr. Odio: I'll be glad to show it.
Vice Mayor Plummer: Ah, ah, ah. Be glad to give it to you, sir.
Mr. M. Rodriguez: DIGAME LA HORA MANANA.
Mr. Odio: I'm not going to...
Vice Mayor Plummer: I can give it to him.
Mayor Suarez: LOS RECORDS QUE USTED HA PEDIDO SON PUBLICOS Y SE LE HARAN, POR
LO MENDS LOS COMISIONADOS, QUIERO DECIR, ES BIEN FACIL CONSEGUIRLE LA
INFORMACION.
Mr. M. Rodriguez: NO, NO, PERO DIGAME, CUANDO? NO, PARA QUE NO HAYA ARREGLO
DE ESTO. CUANDO? MANANA? A QUE HORA?
Mayor Suarez: I don't know, sir. Whenever we can get the information for
you, OK?
Vice Mayor Plummer: I will.
Mr. Rodriguez: AHI SENORESI ESTO ES UN CIRQUITO.
Mayor Suarez: OK, next, sir.
Vice Mayor Plummer: Why not?
Mr. Manuel Gonzalez-Goenaga: Could I be recognized, Mayor? I am in line and
since 9:00 o'clock in the morning.
Mayor Suarez: Well, wait, wait, Mr. Gonzalez-Goenagal
Mr. Alejandro Arocha: Please.
Mayor Suarez: Please, sir.
Mr. Arocha: Please. A LO MEJOR ESTO NO ES...
Mayor Suarez: Wait, wait, wait!
108 September 26, 1991
Mr. Arocha: Oh, ho, I'm sorry, I'm sorry.
Mayor Suarez: All right. Thank you. I don't know who's next, and it doesn't
matter...
Mr. Gonzalez-Goenaga: I am next.
Mayor Suarez: ...we're going to hear... I said, I don't know who's next, and
it doesn't matterl We're going to hear both of you. Now, please wait until I
give you the right to speak. Sir, we're going to follow order.
Mr. Arocha: Yes, sorry...
Mayor Suarez: No, no. I want you...
Mr. Arocha: OK.
Mayor Suarez: ...to be ready because we're going to try to go to both sides
here. So, Mr. Gonzalez-Goenaga, you have two minutes. I have your name on
the record, and we've had your address, so you don't need to go into that.
Quickly, sir, please. And you speak good English.
Mr. Gonzalez-Goenaga: Well...
Mayor Suarez: In the back, pleasel
Mr. Gonzalez-Goenaga: Good afternoon, everybody, my fellow citizens and
Commissioners. What we need here is an immediate solution, and the only
immediate solution to have everybody satisfied and not have these layoffs, and
not have increase in taxes, is to the middle management, starting from the
City Manager to lower their salaries 20 percent. It was done and it has been
done in the private industry. These people need their money. The City
Manager and his assistants and a lot of department heads, they earn more than
enough. They have to sacrifice. They have also cars. We have 20-year-old
cars. It's about time that they do some sacrificing and forget about saying
that we have not got an increase. We are in very hard times. Many bankers
who is good salaries are losing their houses. Many people from the airlines
are on the streets. And many people here is going to be homeless very soon.
So, it's about time and I know that government is security. But, remember, I
urge all the people in the City of Miami who earns more than $50,000 to have
between a ten to fifteen to twenty percent reduction in the salary, as an
example to this community. And in that way, we will save enough money not to
raise taxes and also not to have layoffs. We need the sacrifice from the
highest people. I urge this community to back this motion and resolution.
Mayor Suarez: Thank you. Mr. Gonzalez...
Vice Mayor Plummer: Just for the record....
Mayor Suarez: Yes, Mr. Vice Mayor.
Vice Mayor Plummer: ...I do not have a City car. Just for the record.
109 September 26, 1991
i
Mayor Suarez: OK, Mr. Gonzalez...
Mr. Gonzalez-Goenaga: No, I'm not referring to the Commissioners.
Mayor Suarez: No, no, no, nol That's it! That's itl
Mr. Gonzalez-Goenaga: That's, you know...
Mayor Suarez: We're going over here. We're going over here. Commissioners
have an opportunity to speak and address everything that is said here, Mr.
Gonzalez-Goenaga. I'm going to add something, Manolo.
Mr. Gonzalez-Goenaga: Yes.
Mayor Suarez: I'm going to add something that I think you might want to
listen to. I have to say one thing about all the letters that I receive from
you, and all the complaints, and all the observations and suggestions, there's
one thing about you that I have to say. You refer to the bankers. Sir, you
are consistent in your criticism of large salaries because I know you spoke up
at the meeting of the stockholders of Southeast Bank, and you opposed the
parachute, the "golden parachute," the retirement compensation or resignation
compensation being given to the former CEO (Chief Executive Officer). If
other people had done that a little bit earlier, maybe that bank would still
be around. So I compliment you for being consistent on that, sir.
Mr. Arocha: Right? Hello, hello, hello, COMISIONADOS YO QUIERO HACER UNA
PREGUNTA A LOS QUE REINAN HOY.
Mayor Suarez: OK, Mr. Manager, would you translate.
Mr. Odio: He wants to ask the Commissioners a question.
Mr. Arocha: No, no, no, sorry. YO NO QUIERO INTERPRETE.
Mayor Suarez: You have to have an interpreter.
Mr. Arocha: NO, PORQUE ME VOY A DIRIJIR A EL PRECISAMENTE.
Mayor Suarez: All right, I'll try to translate for you since you're going to
address him. But you said you were going to address the Commission.
Mr. Arocha: YO LLEVO AQUI 24 ANOS Y UN DIA VINE A PRESENTARLE UN PROBLEMA Y
LO PRIMERO QUE ME DIJO ESTE SENOR, QUE YO ME DI UNA GALLETA YO MISMO POR NO
DARSELA A EL, ME DIJO QUE SI YO ACABABA DE LLEGAR. AHORA YO QUIERO HACER UNA
PREGUNTA.
TRANSLATION: I've been here for 24 years. One day I came here and I asked
the Manager a question, and he told me that... or I had to give myself a
GALLETA because otherwise I would have given it to him.
Mr. Arocha: Oh, I'm sorry, I'm sorry, I'm sorry. ES QUE ESTOY NERVIOSO.
Please, please, please. CUANDO ESTABA HOWARD GARY...
i Mayor Suarez: For the Vice Mayor and for Commissioner Dawkins, that's like a
little slap in the face. POR FAVOR.
i'
110 September 26, 1991
Mr. Arocha: VAMOS A ESTAR TRANQUILOS.
Mayor Suarez: SI, PERO USTED DIJO COSAS QUE ALGUNAS PERSONAS LE PUEDEN
PARECER COMICAS.
Mr. Arocha: NO, PORQUE ME LO DIJO ASI EL.
Mayor Suarez: A ALGUNAS PERSONAS LE PUEDEN PARECER COMICAS.
Mr. Arocha: ME OFENDIO SIENDO EL CITY MANAGER,
Mayor Suarez: All right, sir, you have to keep your cool. Some of the things
you say are somewhat humorous. I don't know if you intend them to be.
Mr. Arocha: I'm sorry, I'm sorry. YA, finished. CUANDO HOWARD GARY ESTABA
AQUI, YO VISITABA LA CIUDAD DE MIAMI Y ESTABA EL SENOR FERRE DE ALCALDE.
ENTONCES YO ME ACUERDO QUE VINO UNA POLEMICA PORQUE EL SENOR HOWARD GARY
DERROCHABA EL DINERO DE AQUI, DE LA CIUDAD, Y MANDABA A ARREGLAR SUS CARROS
PARTICULARES A CUENTA DE LA CIUDAD. CALLESE UN MOMENTO. AHORA YO QUIERO QUE
EL SENOR ME CONTESTE A MI, YO QUE TENGO, VAYA, QUE DEJAR DE COMER PARA PAGAR
LOS TAXES Y TODD ESO, POR QUE ESTE SENOR NO PRESENTO PRUEBA - AUNQUE ME DIGA
LO QUE ME DIGA NO LO VOY A ACEPTAR - LOS $115,000... I'm sorry. LOS $115,000
QUE LE DID A ROSARIO KENNEDY PARA REMODELAR LA OFICINA QUE HOY OSTENTA LA
COMISIONADA MIRIAM ALONSO. $115,000 QUE CON ESO SE HACEN CINCO VIVIENDAS
BARATAS. QUE ME CONTESTS ESO. Y DONDE ESTAN LAS PRUEBAS?
TRANSLATION: When Howard Gary was here I visited the City of Miami and Mr.
Ferre was Mayor. And I remember there was a dispute because Mr. Howard Gary
what? -QUE? Wasted the City's money and he would have his private cars fixed
with the City's resources. Now, I want the Manager to answer me, who
basically have to, sometimes, go without eating to pay my taxes. Why didn't
this gentleman present documentary evidence of the $115,000 that were given to
Commissioner Rosario Kennedy to remodel the office... A $115,000 with which
you can build five affordable housing units.
Mr. Odio: I am...
Mayor Suarez: Mr. Manager, let me tell you...
Mr. Odio: No, I'm not going to reply to him. So you can say whatever you
want.
Mayor Suarez: OK. That's what I was going to say. The Commission guides the
proceedings, not the general public. You can ask questions and if he wants to
answer, or if any Commissioner wants an answer, that, you know, he will
answer. Or I suppose if not, he could incur the wrath of this Commission.
But procedurally, 1 cannot force him to answer a question that I can think of.
I think he typically would answer my questions as he would those of the
Commi:---Ion. NADA MAS QUE PARA QUE SEPAN DESDE EL PUNTO DE VISTA DEL
PROCEDIMIENTO, EL PUEDE ESCOJER NO RESPONDER A UNA PREGUNTA SI ALGUN
COMISIONADO 0 EL ALCALDE LE PIDE QUE LA RESPONDA, AUNQUE NO LO PODEMOS FORZAR
A RESPONDER, TIPICAMENTE LA RESPONDERA. PERO NO PORQUE USTED SE LA PREGUNTE,
SING PORQUE LOS MIEMBROS DE LA COMISION SE LA...
111 September 26, 1991
Mr. Arocha: NO, PERDON, I'm sorry. EL PUEBLO ES EL QUE SE LO ESTA
PREGUNTANDO EN LA CALLE, QUE DISPONE DEL DINERO DEL PUEBLO DE NOSOTROS
ABIERTAMENTE. Y ESO DE QUE NO SE AUMENTO EL SUELDO MIRE, PAGO CON EL BRAZO
DERECHO QUE EL TIENE $50,000 DE AUMENTO. ENTIENDE?
TRANSLATION: The people who are asking on the street... that the money of the
people is wasted openly. And I am sure, and I would stake both my arms that,
in fact, there has been a salary increase of the amount indicated.
Mr. Odio: Fifty thousand.
Mayor Suarez: All right, sir. COMPLETO?
Mr. Arocha: SI. EL GANABA CUANDO ERA ASISTENTE DE HOWARD GARY $60,000. Y ME
ACUEROO YO QUE UN DIA ME DIJO EL SENOR ALCALDE, MAURICE FERRE, CUANDO TOMO
POSESION SERGIO PEREIRA DOS MESES AQUI - ENTIENDE? - QUE LO ACUSARON POR LOS
TRAJES ROBADOS, QUE NO SE LE HIZO JUICIO; LE TIRARON UNA TOALLA. SI, SI, SI,
PORQUE AQUI TAPAN A QUIEN LE DA LA GANA.
TRANSLATION: He used to make, when he was an assistant to Howard Gary,
$60,000. And I remember one day he told me that the Mayor, Maurice Ferre...
POR FAVOR, ACABE. When he took over - when Mr. Peirera took over as City
Manager - after two months... Then he had accusations related to Mr....
Mayor Suarez: Mister.... Mister.... Let me tell you...
Mr. Arocha: Y OTROS INFELICES VAN PRESOS.
Mayor Suarez: Let me tell you, the...
Mr. Arocha: Well, I'm sorry, I'm sorry, I'm sorry....
Vice Mayor Plummer: Well, wait, wait, wait, wait...
Mayor Suarez: That's it, that's it....
Vice Mayor Plummer: Wait a minute, wait a minute, I want to hear the CHISME.
Mr. Arocha: No, sorry, Javier. Sorry, sorry.
Vice Mayor Plummer: What's the CHISME?
Mr. Arocha: QUE DIGA LO DE LOS $115,000, LA JUSTIFICACION.
Mayor Suarez: OK, no, sir, please! Please. You've brought into this Sergio
Pereira, who was not the City Manager...
Mr. Arocha: No, no, no. OK. YO NO QUISE MEZCLAR ESO.
{ Mayor Suarez: All right. You've brought Howard Gary, who was has not been
City Manager for eight years. And the question you have left pending has to
do, as you just stated, and we will leave it pending because I don't know that
anybody wants to tackle it up here. Maybe somebody wants to comment on it, of
the $115,000 that you allege were spent on Commissioner Kennedy's office. ESA
ES LA PREGUNTA QUE USTED DEJO PENDIENTE. MUCHAS GRACIAS.
112 September 26, 1991
4
Mr. Arocha: PARA IRME YA, DEJEME HACERLE LA ULTIMA PREGUNTA.
Mayor Suarez: All right, last question, please. LA ULTIMA.
Mr. Arocha: LOS COMISIONADOS ESTUVIERON DE ACUERDO QUE ESE SENOR LE DIERA
$115,000 A ROSARIO KENNEDY PARA LA OEICINA DE ELLA. SI ESTABAN DE ACUERDO ES
PORQUE SE TAPAN CON LA MISMA TOALLA, PORQUE ESO NO SE GASTO AHI.
TRANSLATION: Were the Commissioners in agreement that Rosario Kennedy be
given $115,000 to remodel the office. Because presumably, they acted in the
same fashion as to themselves.
Mayor Suarez: Thank you for your questions and your points.
Mr. Arocha: OK, thank you.
Mayor Suarez: SENOR. Wait, let me go over here. Two minutes, please. Name
and address. Sirl Madam City Clerk assistant...
Ms. Irma Poin: Hello? Good evening...
M��#or Suarez: Wait. ESPERESE UN MOMENTICO. If there's any way to get an
address and a name other than by disrupting in any way the proceedings, please
find it. All right, ma'am.
Ms. Poin: Good evening ladies and gentlemen. My name is Irma Poin. I live
at 120 S.W. 84th Avenue. I am here to complain for everybody in general who
own houses, apartment buildings....
Vice Mayor Plummer: Wait, wait, wait, excuse me, ma'am...
Mayor Suarez: S.W. 84th Avenue.
Ms. Poin: Right.
Vice Mayor Plummer: 84th Avenue?
Ms. Poin: Yes.
Mayor Suarez: Not in the City.
Vice Mayor Plummer: You're not in the City.
Ms. Poin: I own properties in the City of Miami.
Vice Mayor Plummer: Oh, OK.
Mayor Suarez: OK. Maybe you ought to...
Ms. Poin: I own apartment buildings...
Mayor Suarez: Maybe you ought to refer to those so that we know our frame of
reference here.
Ms. Poin: OK. Well, you asked me where I lived, so I tell you.
113 September 26, 1991
Mayor Suarez: No, that's fine.
Ms. Poin: I am complaining for everybody in general who owns real estate,
houses, apartment buildings, and so forth. We are fed up with the local
government raising real estate taxes every year and creating more fees and
double fees and all kind of fees. Appraisers forgot the fact that real estate
also get depreciation and obsolescence. Car, clothes, furniture, everything
gets old. Real estate gets old. I sell real estate for 25 years. Houses
that I used to sell in 1960, 165, for ten, twelve thousand dollars, they were
paying like $60.00 a year. Today they are appraised at $80,000. They're
about 35-40 years old. They have the same roof, the same plumbing, the same
electrical, and they are evaluating at 20 times higher. You don't have any
consideration with the millions of people...
Vice Mayor Plummer: We don't set the assessment.
Ms. Poin: ...that have fixed income. And they are retired people and they
own these houses and they get like $400 or $500 a month, which amount to four
or five thousand dollars a year. Twenty-five percent of their fixed income
has to go into real estate taxes. And there are billions of dollars collected
every year by the government. All kind of taxes, real estate taxes, garbage
tax, utility tax, tangible, intangible, fine, double fee, all kind of fees.
This revenue is coming every year and getting higher and higher all the time.
Where is our money going? Who is managing and decided where those billions
are going? When we go to the poll, all the Commissioners and Mayor, they
promise a lot of things. And once they are elected, all that we hear is
raising salaries and more taxes and you forget all the promises that you make
to make it better for the people. There is a recession now. All over United
States millions of people are out of work. And yet you people keep on raising
our taxes and getting into our pocket. Employees in the government making
sixty thousand, eighty thousand, hundred thousand dollar in salary.
Unbelievablel You have to trim your budget. Have you gone outside and tried
to get a job for $500, $400 a week? -$300? You couldn't get a job because
there is no job out there. The situation is very bad. (APPLAUSE) The only
one making money is the government who gets a check everyday from our taxes.
You have to stop getting into our pocket every year. In effect the people,
when you raise the taxes, the landlord raises the rent to the tenants, and the
tenants can't afford to pay any more. They're making $4.25 an hour. We have
to evict them. And eviction costs now $100. You can't even evict them. The
first that have to come back, the inflation and cut expenses is the
government. Thousands of businesses are closing every day. They can't make
it any more, and they're trimming and trimming in order to survive, and they
can't do it. If the taxes in the property doesn't go down, then people
will... if it goes down, people will be able to afford to lower the rent and
the stores will be able to stay in business. But, no, you keep on raising the
taxes to the landlord, and the landlord raise it to the tenants. And then the
tenants, they have to be out.
Mayor Suarez: OK, ma'am...
Ms. Poin: I have one more thing to say.
114 September 26, 1991
Mayor Suarez: Finish up because you're kind of stating the same point over
and over again.
Ms. Poin: OK, one more thing I have to say.
Mayor Suarez: I think it's a valid point, but you got to finish up.
Ms. Poin: OK, there are incredible things happening in the world. The Soviet
Union crumbled, the communist party. The wall in Germany crumbled. Soon
Castro will be out. And you people here will be facing a crisis. When you
have thousands of people leaving this town because they can't take it any
more. And there will be thousands of property being sold in the Courthouse
and you will see prices coming down then. What then? That is what you're
going to create. You better start making it better for the taxpayer because
people can't take it any more. Thank you.
Mayor Suarez: Thank you, ma'am.
(APPLAUSE)
Ms. Elba Morales: Mr. Mayor, members of the Commission, and for the record my
name is Elba Morales, 3030 S.W. 6th Street. I understand that the City has
nothing to do with the County taxes. One of the reasons I'm here today is to
urge this Commission to please vote on that millage decrease. I hold in my
hand three notices of proposed property taxes. One of them is an increase of
$46,233 on a house that was bought 22 years ago which was assessed for the
past five years at $50,000. And has now been assessed at $96,742. It's an
increase of $46,233 and the increase on my taxes is 128 percent. I understand
again that it has nothing to do with the City. I hold - sir.
Vice Mayor Plummer: Did you file for a hearing?
Ms. Morales: Yes, sir, I did.
Vice Mayor Plummer: Have you gone to the hearing?
Ms. Morales: Not yet. I hold in my hand another notice for a piece of
property that was assessed at $70,000, which is now assessed at $130,000,
which I couldn't even sell if I wanted to at a hundred and twenty. That
again, is an increase of $52,000. It's an increase of 67 percent on the taxes
+ that I pay. I again hold in my hand another notice of proposed property taxes
for a piece of property which was assessed last year - it went up - they
assessed it at $99,000. It has now been assessed at $134,900. It's $35,500
increase. Or an increase in my taxes of 36 percent. Again, I know that it
has nothing to do with the City, but if, on top of this, we get more taxes in
the City. I can't even sell the property. There's nobody I can sell the
property to. So there's nothing I can do. I am here to urge this Commission
to look at the problems we're having. That's big problems for us, because we
live in the County and we live in the City. Now, you have to take it the way
it is. We have problems here. It's not the City, it's the County, but it
would reflect on the citizens of the City of Miami. There's another point.
Four years ago, we had an election and we voted against the sewer charges.
Ali of a sudden, I got my paper from the Water Department, and I had a $7.50
fee there. I protested the fee. I went down there and they told me that it
115 September 26, 1991
was something that had been done by the City of Miami. I remember that the
taxes was to be $30 a year. So very intelligently, the City of Miami broke it
down in four $7.50 payments. So now, these were the storm sewers that we
voted against, and they have been placed there and we have been paying for
that for four years. Nobody cares that we voted against that. It's there. I
would please urge you to look into that too, because $30 a year is a lot of
money to a lot of people. Thank you.
Mayor Suarez: Very good.
(APPLAUSE)
Mayor Suarez: Two things.
Ms. Morales: Yes, sir.
Mayor Suarez: Number one, when you do go before the special master, special
master in the property assessment office, make sure you ask him the question
that you asked here, rhetorically, would you like to buy this property for the
amount that you have...
Ms. Morales: I certainly...
Mayor Suarez: That's very effective. That's every effective, even though
it's not a technically a legal argument, but it seems to hit them, because
they can see that the authentic look in your face that you really don't think
the property is worth that much. The second one, Mr. City Attorney, it must
have been a couple of years ago, we asked, and if you would research your
records and if not, take it as a new instruction, please, I hope from all of
us, to see about the possibility of a protest from the whole section of the
City for property valuation increases. Again, something else we requested a
long time ago. I have not heard back, it's been like two years. Why can't
the City Attorney's Office be a little bit more aggressive in looking at these
kinds of things? We asked you to look at that a couple of years ago. I have
not heard back. Maybe I missed something. If I did, I stand corrected. If
not, please get back to me on whether that was ever done.
Mr. Jones: I will do that, sir.
Ms. Morales: Thank you, sir.
Mayor Suarez: Thank you.
Commissioner De Yurre: Mr. Mayor, if I may ask, Elba.
Ms. Morales: Yes, sir.
Mayor Suarez: Commissioner De Yurre. And Commissioner Aionso also wants to
speak. Go ahead.
Commissioner De Yurre: You had one increase of what?-$36,000 in one
property?
Ms. Morales: $35,500 on one piece of property.
116 September 26. 1991
Commissioner De Yurre: And the other one forty some?
Ms. Morales: Thirty-five, I'm sorry, $35,500. The next one was $52,000.
Commissioner De Yurre: OK.
Ms. Moralv4 And the next one was $46,233.
Commissioner De Yurre: So, that's roughly three, eight, twelve - about
$130,000 in assessments, additional.
Ms. Morales: Yes, sir.
Commissioner De Yurre: OK.
Ms. Morales: That, in my country, is called garrotero.
Commissioner De Yurre: OK. Did you go before the County...
(APPLAUSE AND SHOUTING)
Mayor Suarez: That, in my country, is called extortion, I guess, for lack of
a better word.
Commissioner De Yurre: Did you go before the County and make this
presentation before the County Commissioners during the budget...
Ms. Morales: I went to the County, but I could not get into the room.
Commissioner De Yurre: Did you go...
Ms. Morales: I sent a letter, and then I filed, as they told me I had to
file. And I'm waiting to go in front of that board.
Commissioner De Yurre: No, no, I'm talking about the...
Vice Mayor Plummer: No, the County...
Commissioner De Yurre: ...board of County Commissioners.
Vice Mayor Plummer: For their budget hearing.
Ms. Morales: I went, but there was no way I could get into the room.
Commissioner De Yurre: OK, did you go to the School Board?
i
Ms. Morales: No, I went to the County Commission.
Commissioner De Yurre: OK, because the point is that the one that hasn't
— raised the millage is the City of Miami, and you're here.
Ms. Morales: Oh, I understand that. I'm just... I know what the answer is
going to be when I go in front of this board. I already know the answer. I'm
117 September 26, 1991
`79
El
thinking, perhaps, I can have a suit in court. I have to do something,
because it's better for me to spend the money in court than to pay these
horrendous taxes. So that's about the only thing I be able to do, because I
know what the answer is going to be.
Vice Mayor Plummer: Well, I got a...
Ms. Morales: I am here just trying to protect what's going to happen next in
the City.
Vice Mayor Plummer: Let me ask a question of you. Because I'm going to
really basically ask the same question. The two million dollars that we're
speaking about. My fear is it's not going to be forthcoming within a year, at
best. I know the County. Are you, as an individual citizen of this City,
willing to take the risk that if it doesn't come forward that you're going to
have less policemen and less firemen. Because that's the only place it can
happen. So I'm asking that question. Are you, as a citizen of this
community, willing that if that money doesn't come through, to understand that
we're going to have less - not just police and fire, but sanitation, public
works...
Commissioner Dawkins: And less... that's right, that's right.
Vice Mayor Plummer: Our total scope of City services.
Ms. Morales: Sir...
Commissioner Alonso: Withhold the payment from Dade County. Withhold the
payment.
Ms. Morales: Sir, at this time...
(APPLAUSE AND CHEERING)
Ms. Morales: At this time, sir, I will answer your question. I will answer
your question and I will tell you exactly what Commissioner Alonso said.
There are sometimes some risks that need to be taken. I think it's about time
we let the County know that we're not going to be governed by the County.
This is the City of Miami. And what she explained in her statement before, I
think she's absolutely right. There are some risks that will have to be
taken...
Vice Mayor Plummer: Oh, I...
Ms. Morales: ...everything is a risk in life. Living is a risk.
Vice Mayor Plummer: I totally agree that I would love to take them to task
tomorrow morning. I've said that in reference to the fire service that we
provide for them that they've never paid. I came up here and was blasted
because I said, either tell them to pay us for the fire service on the port or
start building their own fire station over there which would be ten million
dollars. They have not paid us yet. Now, you know, are we going to walk away
and say, OK, you have no fire protection over there on the port. And you know
what's going to happen the first time somebody dies over there? Who they're
118 September 26, 1991
•
i
going to blame? Us. Us, because we're not providing the fire service. And I
understand what you're saying risk. And we do take risk.
Ms. Morales: I think it's about time we had the Miami tea party.
Vice Mayor Plummer: Miami what?
Ms. Morales: Tea party.
Mayor Suarez: Miami tea party.
Vice Mayor Plummer: Tea party.
Ms. Morales: It's about Miami tea party.
Mayor Suarez: As in Boston Tea Party, but in Miami. All right. Thank you,
Elba. You know your history.
Ms. Morales: Thank you.
(APPLAUSE)
Mayor Suarez: Commissioner Alonso. Please, please, you're taking time away.
Commissioner Alonso. Please.
- Commissioner Alonso: Yes, I don't think that we have to stop the services.
What we have to do is to withhold the money from them. Just a quick comment.
This is a family that went and appealed and I had a hearing in front of the
County Commission - in front of the County assessor. The property is located
1220 S.W. 13th Street. Their property went up $16,502. After the adjustment,
the property is still has increased $11,245 and I assure you the property has
not increased one penny in the real world. That's the problem.
Vice Mayor Plummer: I know.
Mayor Suarez: Mr. Zayden. Name and address, quick.
Mr. Alfredo Zayden: Honorable Mayor and City Commission. My name is Alfredo
Zayden and I am resident in the City of Miami, residing in 101 Shore Drive
West. I'm very concerned about my community at this moment. Because what is
being presented here today affect the service of both police and fire
department. This can cause a layoff to discourage men who put their life on
the line to protect our citizen in our City of Miami. It's where all the
senior citizen live, like the Claude Pepper senior center...
Mayor Suarez: Wait a minute, Alfredo. Please close that door in the back,
please. You're either in or you're out. Now that we have doors back there
and partitions we can have a little quiet here, listen to the speaker.
Mr. Zayden: OK. It where all the senior citizen live like a Claude Pepper
senior center, Little Havana, Flagami senior center, and three tower. The
crime of the City has risen. Having less money to use to combat the crime
will cause crime to rise. Also the necessity of the Fire Department will be
greater.
119 September 26, 1991
Mayor Suarez: If you lose yourself, go to the next section so that we can get
through our hearing today, Alfredo.
Mr. Zayden: OK. One second, Mr. Mayor. Mr. Mayor, one second please. Also
we are against the raising of the taxes. But we have to believe in the
reality. We cannot be against as to what our need of our City. I have come
here to unite with the Department of Police and the Fire Department to avoid
layoffs of these workers and the security of our citizens. Thank you very
much.
Mayor Suarez: Name and address, please.
Mr. Alberto Guerra: MI NOMBRE ES ALBERTO GUERRA, VIVO EN EL 3950 S.W. DE LA 4
CALLE. LAMENTO NO TENER EL INGLES SUFICIENTE PARA PODERME EXPRESAR EN EL
IDIOMA DE ESTE PAIS. PERO SOY CIUDADANO AMERICANO CON DERECHO AL VOTO Y VOTO
CUANDO HAY QUE VOTAR. NO DEJO DE CUMPLIR CON MI OBLIGACION CIUDADANA. SENOR
ALCALDE, SENORES COMISIONADOS, ESTE ES UN MOMENTO EN QUE LA CIUDAD DE MIAMI VA
A HACER HISTORIA Y CREO QUE LA HISTORIA QUE VA A HACER TIENE QUE SER POSITIVA.
LO QUE SE ESTA PLANTEANDO AQUI ES UNA REBAJA DE IMPUESTO 0 DEROGACION DE
CIERTOS IMPUESTOS INDIRECTOS QUE ESTA PADECIENDO LA MAYORIA DE LA CIUDADANIA
DE ESTA CIUDAD Y DEL CONDADO. INDUDABLEMENTE QUE ESA MAYORIA LA COMPONEMOS
TRABAJADORES, RETIRADOS, GENTE DE BAJOS RECURSOS. SOMOS LOS MAS AFECTADOS
PORQUE EL QUE GANA UN BUEN SUELDO NO SE DA CUENTA QUIZAS DE UN AUMENTO DE CIEN
DOLARES AL AND, 0 DE DOSCIENTOS. PERO LOS QUE ESTAMOS EN LA SITUACION QUE
ESTOY YO, QUE SOY UN RETIRADO, NO SOY PROPRIETARIO, PERO SI SOY INQUILINO,
PORQUE CUANDO LE AUMENTAN IMPUESTOS AL DUENO DE LA CASA, LE AUMENTA AGUA AL
DUENO DE LA CASA DONDE YO VIVO, DEL APARTAMENTO, ME LO VA A PASAR A MI. MI
PROCEDENCIA ES DE ABAJO, DE TRABAJO. FUI EN LA CUBA QUE HUBO QUE ABANDONAR UN
DIRIGENTE SINDICAL, QUIERE DECIR QUE MI BASE ES ESA, DEFIENDO A LOS
TRABAJADORES. NO QUIERO QUE NINGUN TRABAJADOR SEA DESPEDIDO, NI QUE SE LE
REBAJE SUELDO, PERO TAMBIEN QUIERO QUE LOS COMISIONADOS Y EL ALCALDE
COMPRENDAN QUE LA GENTE DE ABAJO NO RESISTE MAS IMPUESTOS. YO LES PIDO A LOS
COMISIONADOS VICTOR DE YURRE, MILLER DAWKINS, PLUMMER, AL ALCALDE JAVIER
SUAREZ, QUE ATIENDAN LA PETICION, LAS MOCIONES DE LA COMISIONADA MIRIAM ALONSO
QUE LAS CREO JUSTA PARA LOS QUE NO TIENEN... PARA LOS QUE TIENEN MENDS. CREO
QUE SE HA DICHO BASTANTE Y QUE LOS COMISIONADOS COMO EL ALCALDE ESTAN
CONSCIENTES DE LO QUE SE ESTA TRATANDO, POR ESO LES RUEGO HAGAN HISTORIA
POSITIVA EN LA CIUDAD DE MIAMI. MUCHAS GRACIAS.
TRANSLATION: My name is... 3750 SW 4th Street. I'm sorry not to be
sufficiently fluent in English to be able to make my presentation in the
language of this county. I am an American citizen with the right to vote.
And I never fail to vote and exercise my duty as a citizen. Mr. Mayor and
members of the Commission, this is a moment where the City of Miami is going
to make history. And I think that the history that is going to be made is
going to be for sure, positive. What is being imposed here is a reduction in
taxes or some indirect assessments which is being imposed on a majority of the
citizens of this community and of the County. Undoubtedly, that majority is
composed of workers, retirees and people of limited income - limited
resources. We are the most affected because people who have higher incomes,
perhaps don't notice as much, or are not affected as much by a hundred dollar
increase in real estate taxes. But those of us that are in my situation, I am
not actually... I am retired, I am not actually an owner, a property owner,
but I rent, I am a tenant. Obviously when the property owner has his taxes
120 September 26, 1991
increased or his fees for... water fees increased, he will transfer to me as
tenant. I've always been basically, a worker in Cuba which was... because it
was necessary to leave it. I was a union organizer, union leader. That why I
want to clarify to the workers of the City that I am not trying to get anybody
fired who is an employee or a worker in the City of Miami, because that's my
background. But I do want people, I mean, the Commissioners and the Mayor to
know that the people who are at the bottom of the income scale cannot
resist... cannot afford any more taxes. I ask Commissioners and the Mayor to
vote favorably to Commissioner Alonso's motion which I believe to be just and
correct. I think that everything pretty much has been said and now I ask you
to again make a positive history... ... in the City of Miami. Thank you.
Mayor Suarez: Mr. Cox.
Mr. Charlie Cox: Charlie Cox, City of Miami General Employees, president,
4011 W. Flagler. We are here tonight to ask you to make a difficult but right
decision. The City Manager had the foresight and trust to involve the City's
employees in helping run the City. As employees, we realized there was a real
financial problem. This Commission also realized there was a problem. You
voted four -to -one to support the retirement plan and the budget. As union
presidents, we made difficult decisions to help the City, its residents, and
its employees. We stand here before you tonight to ask that you stick to what
you believed in and expressed by your vote two weeks ago. As unions, we also
took a difficult stand to support the half -cent sales tax for Jackson Memorial
Hospital which some of you supported. The half -cent sales tax will cost the
residents of Miami a hundred times as much as their property tax increase.
And this was not a millage increase, but instead, a County and assessment
increase. A seventy thousand dollars ($70,000) assessment will only cost the
taxpayer on average, eight dollars a year. In addition, some of the taxpayers
here tonight supported the half -cent sales tax. We, as employees, also have
problems with higher taxes. We, as employees, also have problems with paying
for food, and bread, and gasoline for transportation, just as these residents
before you tonight do. We agreed to this early retirement and budget proposal
depending upon the City Commission adopting of a total budget package. I felt
that we all were scared to death of what the effects this will have on the
services in the City of Miami. The unions employees have put their best foot
forward to make this plan work. We cannot have this plan ambushed before it
gets off the ground. We believe that next year will be the most difficult and
challenging that the City has ever faced. Without the necessary dollars and
your support in the coming year, we are all doomed to fail. We feel that it
is your obligation as elected officials to keep the taxes as low as possible.
But you are also elected to make sure the citizens get the services that they
need to survive. I could come before you today and tell you that if there was
money in the budget, we should have our raises that we agreed to give back to
the City. But I also, I am a realist, and I know that for some time, we have
had money problems in the City, just like every other City. Even the money
tree that used to grow behind Commissioner Plummer is dead.
Mayor Suarez: Took it home.
Mr. Cox: Some directors still do not believe i
together. Maybe some of this Commission feels
employees have thirty and forty years of loyal,
publicly spit upon before their deserved retirement
n labor management working
the same. Some of our
faithful service are being
on October 3, 1991. These
121 September 26, 1991
are the same employees that successfully ran this City before you and I were
here. I implore you as Mayor and Commissioners, do not send this message to
W, employees that are staying to operate this great City. If we could spend
half this time working together with each other instead of opposing sides,
this would be an even greater City. I have one more thing to say, I will tell
you, I am a City employee. I have been employed by the City of Miami on two
different occasions for seventeen years. I will tell you, I own one home, me
and the bank. And I have a hard time paying my taxes and paying my mortgage.
I am not standing before you here telling you that 1 have three and four
properties. I do not make sixty, seventy, eighty, ninety thousand dollars a
year, and I have been here for seventeen years.
Mayor Suarez: All right, Charlie. Thank you.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: I would be remiss if I were to sit here and let Charlie
Cox get away with saying he has been a resident of the City of Miami for
seventeen years. Charlie Cox does not live in the City, he does not pay taxes
in the City, and he does not contribute to the City's bank. Thank you.
Mayor Suarez: Do you wish to respond to that. It was directed to you. I
think the clarification has been made, but.
Mr. Cox: Commissioner Dawkins, I did not say I live in the City of Miami, I
said I've worked for the City for seventeen years.
Mayor Suarez: OK. All right.
Mr. Cox: At neither time was I hired, did I live in the City of Miami.
Mayor Suarez: You mentioned you house and it sounded like...
Commissioner Dawkins: But you implied as if you were doing this in the City,
and I wanted to let you know that the implication was there, Charlie. That's
all.
Mayor Suarez: OK, Charlie, I think the clarification is valid, and it's been
stated clearly, you've never claimed to live in the City. If you want to buy
a house in the City, I've got one for sale. Yes, sir.
Vice Mayor Plummer: Can I ask one question?
Mayor Suarez: Yes, sir.
Vice Mayor Plummer: Mr. Manager, again, I want you to be on record. Are you
telling me that the average increase per home of the average home is forty-two
dollars a year?
Mr. Odio: Yes, sir.
Vice Mayor Plummer: That's the average?
122 September 26, 1991
•
Mr. Odiot Yes, sir.
Vice Mayor Plummer: And what 1s the average home value?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Please, please.
Vice Mayor Plummer: Wait a minute, please, please.
Mayor Suarez: Under the assumptions, what...?
Vice Mayor Plummer: What is the assumption of the average...?
Mr. Odio: Seventy-seven thousand.
Vice Mayor Plummer: Seventy-seven thousand dollars ($77,000).
Mr. Odio: Yes, sir.
Vice Mayor Plummer: If my figures are correct, forty-two dollars a year
increase is approximately twelve cents a day.
Mr. Odio: Yes, sir.
Vice Mayor Plummer: OK, thank you.
Mayor Suarez: OK. Sir.
Mr. Francisco Brindis: MI NOMBRE ES FRANCISCO BRINDIS, DIRECCION 2011 S.W. 24
STREET. DOY GRACIAS A DIOS POR HABER PRODUCIDO EL MILAGRO QUE POR PRIMERA VEZ
EN ESTA SALA SE ESTAN DISCUTIENDO INTERESES A FAVOR DEL PUEBLO. FELICITO A LA
COMISIONADA MIRIAM ALONSO EN NOMBRE DE LA ASOCIACION DE HELADEROS, QUE YO SOY
EL PRESIDENTE. SOMOS TRESCIENTOS ONCE DIECISIETE EN ESTOS MOMENTOS. YO
ESPERO QUE ESTA NOCHE TODOS LOS HOGARES DE MIAMI CELEBREN CON ALEGRIA LA
VICTORIA DE QUE LE VAN A RESOLVER ESTOS PROBLEMAS DE LOS TAX Y ESPERO QUE
NINGUNO DE LOS COMISIONADOS HECHE ATRAS EN ESTA LEY TAN HONESTA QUE HA
PRESENTADO NUESTRA COMISIONADA MIRIAM ALONSO. PARA ELLA MI FELICITACION Y
PARA... (APPLAUSE)... UN SALUDO AL SENOR ALCALDE Y UN SALUDO A LOS DEMAS
COMISIONADOS QUE ESTOY SEGURO QUE NO DARAN MARCHA ATRAS PORQUE ELLOS SABEN QUE
LO QUE ELLA HA PRESENTADO ES JUSTO, PORQUE CUANDO LLEGAMOS A LA EDAD DE 68
ANOS Y ME CONGELAN EL PAGO DEL IMPUESTO, QUE MENOS PUEDEN RACER, SI NADA MAS
ME QUEDAN CUATRO 0 CINCO ANOS DE VIDA. ES JUSTOI QUIERO SER BREVE PARA QUE
OTROS HABLEN TAMBIEN. LES DOY LAS GRACIAS A TODOS Y NOMBRAREMOS EL DIA DE HOY
UN DIA VICTORIOSO PARA LA CIUDAD DE MIAMI, PARA EL SENOR ALCALDE Y PARA TODOS
LOS COMISIONADOS.
TRANSLATION: My name is Francisco Brindis, my address is...COMO ES LA
DIRECCION? PERDON. 2011 SW 24th Street. I thank God for having produced a
miracle that for the first time in this room you are discussing the interest
of the people of Miami. I congratulate Commissioner Alonso in number of the
ice-cream vendors which I am the president of - there are three hundred and
seventeen of them. I hope that tonight all the households in Miami will
celebrate with happiness the victory that they are going to... that these
123 September 26, 1991
problem will be resolved of taxes today. And I hope that none of the
Commissioners would back off from this so honest a law that has presented by
Commissioner Alonso. For her, my congratulations. I salute to the Mayor and
the other Commissioners that I am sure will not back off because they know
that what she has presented is just. Because when we get to the age of sixty-
eight years old and they freeze their taxes ... what less can you do. He has
only got left four or five years of his job. I want to be brief because there
are other speakers... so that others can talk. Thank you all, and we will
name the day, today's date a day of victory for the City of Miami, for the
Mayor and all the Commissioners. Thank you.
Mayor Suarez: By the way, on the issue of the freezing property assessments
for people who are older than sixty-five years old, I believe, Commissioner De
Yurre has made a request for the City Attorney to answer how that would be
done, and I think it requires a State constitutional amendment. It's
something that many of us have believed in over the years and if any member of
this Commission wants to undertake that effort, you would have my support.
SOBRE EL TEMA DE AGUANTAR, CONGELAR...
Commissioner De Yurre: Mr. Mayor, let me just say.
Mayor Suarez: OK, let me just translate please for him. ...CONGELAR LOS
IMPUESTOS, LOS AVALUOS DE RESIDENCIA DE PERSONAS QUE TIENEN MAS DE 65 ANOS, EL
COMISIONADO DE YURRE PIDIO UNA OPINION LEGAL SOBRE ESO. PARECE QUE REQUIERE
UNA ENMIENDA CONSTITUCIONAL Y MUCHOS HEMOS ESTADO A FAVOR DE ESO Y ESTARIAMOS
DISPUESTOS SI CUALQUIER COMISIONADO TOMA ESA INICIATIVA DE APOYAR ESA REFORMA
A LA LEY ESTATAL. (APPLAUSE) Please, please.
Commissioner De Yurre: Let me just say, Mr. Mayor, that...
Commissioner Alonso: As you know...
Mayor Suarez: Commissioner De Yurre and Commissioner Alonso, would you yield,
please?
Commissioner De Yurre: No.
Mayor Suarez: One of you.
Commissioner De Yurre: No.
Commissioner Alonso: I yield to him.
Mayor Suarez: Thank you.
Commissioner De Yurre: Thank you very much.
Mayor Suarez: Commissioner De Yurre.
_ Commissioner De Yurre: I just want to state on the record that for the last
four years State Representative Luis Morse, and I believe Al Gutman, among
others, have been pushing along with me and Tallahassee to create legislation
to go before the voters in a statewide situation wherein people that are...
that reach retirement age, female sixty-two, male, sixty-five, and have lived
124 September 26, 1991
in their own residence for a minimum of five years that the taxes would be
frozen for them while they remained living in that property, you figure for
the rest of their lives. And that would ensure the tranquility, at least,
economic, that their taxes would not be increased at all. And that is
something obviously that 1s difficult to pass because there is a lot of
opposition to it but Representative Morse is strong-willed, and we will
continue to push for that. But it is not an easy thing. It would have to go
even if it was approved by the legislature, it would have to go before the
voters on a statewide basis to be approved.
Mayor Suarez: Commissioner Alonso, please.
Commissioner Alonso: I have a memo that I have sent to you Mr. Mayor and to
the Commissioners. I have a resolution that I will be presenting later on in
reference to this, in which I think we should take a vote as a Commission and
make it a legislative priority, so it will be taken as a formal issue in
Tallahassee. It hasn't been taken up to now. So I think it should go as a
legislative priority of the City of Miami. And I will move when we take this
vote for approval of this resolution.
Mayor Suarez: Does that include a five-year residency requirement or some
period of time that you've owned that property, so that people don't come into
the State of Florida when they are sixty-four and -a -half and expect to from
that moment forward, to have...
Commissioner Alonso: We can add that. It is not included but I will be happy
to include that.
Mayor Suarez: All right. I think it's a reasonable proviso.
Vice Mayor Plummer: Is there also a provision that the children can't put the
home in the name of the mother and the father?
Mayor Suarez: You can't transfer.
Commissioner Alonso: You have live in the property.
Vice Mayor Plummer: No, that's not the point.
Mayor Suarez: You can't transfer to take advantage of it, from kids to
parents. We've got to figure out a way to prevent that.
Commissioner Alonso: If they become the owners, they are the owners.
Vice Mayor Plummer: Well there was a proposal...
Mayor Suarez: You have to come up with a way of preventing everybody from
putting everything in their parents name, waiting for them to die and then you
know, they get the property, so.
Vice Mayor Plummer: Exactly.
Mayor Suarez: Anyhow, I think we all agree on that.
125 September 26, 1991
Commissioner Alonso: Yes.
Mayor Suarez: Sir. I presume Mr. Goldfarb is not waiting to be heard, so...
Mayor Suarez: ESO COMPLETA TODD LOS QUE VAN A HABLAR. YA TODO SE HA DICHO?
Vice Mayor Plummer: Can we raise hell abou,; the price of the Herald?
Commissioner Alonso: Do that.
Mayor Suarez: OK. Sir. Thank you.
Mr. Richard Avirett: I am Richard Avirett. I live at 1239...
Commissioner Dawkins: Pull the mike up, sir.
Mr. Avirett: ... Alegriano Avenue in Coral Gables. I have property in Miami
at 4160 Reynolds Avenue, Coconut Grove. I had property... two properties in
Miami since they...
Vice Mayor Plummer: That's the same City that Plummer lives in.
Commissioner Dawkins: Yes.
Vice Mayor Plummer: Miama.
Mayor Suarez: Miama.
Mr. Avirett: I am not trying to be lingual.
Mayor Suarez: I wonder how the native Americans pronounced that word.
Mr. Avirett: I mean, you know, I have heard it pronounced a lot worse.
Vice Mayor Plummer: It13 a difference between a native and tourist.
Mr. Avirett: That's right.
Mayor Suarez: No, the real native of Americans that came before you too.
Mr. Avirett: I've lived here since 1950 in Dade County. I would like for Mr.
Plummer to answer my... or give me an opinion without telling me that I should
have gone before the board, because the last two summers I was in New Jersey
working with my son, trying to repair his home. The property that I own is in
bad repair, needs repairing. There is a house built across the street from
me, the asking price was four hundred and twenty-five thousand dollars
($425,000) within the last three years. In 1987, I paid twenty-seven hundred
and fifty-eight dollars taxes for a two bedroom house - I think that
sufficient, much more than my house was costing in Coral Gables on a three
bedroom house. 1988, the taxes went from twenty-seven fifty-eight to thirty-
two fifty-four. Mr. Plummer, I think you have a little computer there, would
you...
Vice Mayor Plummer: I surely do, sir.
126 September 26, 1991
Mr. Avirett: ... would you figure the percentage on that please?
Vice Mayor Plummer: You mean the increase?
Mr. Avirett: Yes. From twenty-seven fifty-eight to thirty-two fifty-four.
Vice Mayor Plummer: Give it to me slowly.
Mr. Avirett: Twenty-seven hundred and fifty-eight dollars to thirty-two
hundred and fifty-four dollars.
Vice Mayor Plummer: Eight point four.
Commissioner Alonso: It's roughly twenty percent increase.
Mr. Avirett: Eight point four would carry it up to thirty-two fifty-four. Is
that correct?
Vice Mayor Plummer: Correct, sir.
Mr. Avirett: All right. We'll go along with that. In 1988, thirty-two
fifty-four went to, in 1989, forty-eight hundred and two dollars. Would you
compute that for me?
Mayor Suarez: That's sounds like about a thirty-three percent increase.
Vice Mayor Plummer: Mano, would you get out your...?
Vice Mayor Plummer: About thirty percent, sir, roughly.
Mr. Avirett: Thirty-three?
Vice Mayor Plummer: Roughly.
Mr. Avirett: I would say fifty percent closer. From thirty-two to forty-
eight is sixteen hundred dollars.
Vice Mayor Plummer: From thirty-two... fifty percent would be sixty-four.
Commissioner Alonso: No, it doubled, fifty.
Mayor Suarez: No, it doubled - fifty.
Vice Mayor Plummer: How much?
Mayor Suarez: Did it double?
Vice Mayor Plummer: Yes.
Mayor Suarez: Forty-eight percent.
Commissioner Alonso: Yes.
127 September 26, 1991
Mr. Avirett: That's closer than what you just said. Do you think forty-eight
percent is a fair jump?
Vice Mayor Plummer: Absolutely not, sir.
Mr. Avirett: All right, sir.
Vice Mayor Plummer: Absolutely not.
Mr. Avirett: All right.
Vice Mayor Plummer: But wait a minute. Are you aware that for the past five
years, your millage in the City of Miami has not gone up. What has gone up
and I am damn sick and tired of being blamed for, is the assessment by Dade
County. That's where you have got stuck.
Mr. Avirett: I'm still paying forty-eight percent more.
Vice Mayor Plummer: Sir, it's not... look...
Mr. Avirett: I don't think many people did.
Vice Mayor Plummer: Wait a minute. Let me go back to it for you. There is a
State law that says that every property in the State of Florida shall be
assessed at one hundred percent. Now, when our millage has remained the same,
the thing that has affected you as well as me, is my assessment has gone up
tremendously in the last four years. It is not the City that has done that to
you. It is the County assessment which has gone up unbelievable. There were
people this year that had in excess of a hundred percent increase. And do I
think that's fair? The answer is absolutely not. It is not fair. In my
place of business on Bird Road, I only pay two taxes in my business. I pay a
County tax and a School Board tax. I went up this year from seventeen
thousand dollars to almost twenty-two thousand dollars in one year. Do I
think it's fair? Hell, no.
Mayor Suarez: OK.
Commissioner Alonso: But, it's also...
Mr. Avirett: I want to... I have another question.
Mayor Suarez: Wait, wait, wait. Commissioner Alonso wants to also reply.
Commissioner Alonso: Yes, I just want to make a comment, what is not fair is
to say that we did not increase, when in fact, the City of Miami has received
more money as a result of maintaining the same millage. So in fact, we are
part of the system. We are gaining from the tax assessment on the properties.
So in fact, we are part of the system. If we maintain the same millage, nine
point five nine nine five, and we do not reduce to nine point four eleven, we
all know quite well that we are increasing taxes. And in fact, we are
increasing taxes.
Mr. Avirett: She threw me off my guard. Mr. Plummer, I still want to address
you because I think you can give me proper answers.
128 September 26, 1991
Mayor Suarez: You address the chair here, but go ahead.
Mr. Avirett: The property is now taxed at five thousand two hundred and
fifty-three dollars ($5,253) this year's estimate. Is it right in three years
for this property to go up approximately seventy-eight thousand dollars
($78,000)? - a two bedroom.
Vice Mayor Plummer: OK. Sir, I could only answer that...
Mr. Avirett: It doesn't even have a tiled roof.
Mayor Suarez: You wanted to answer? - sure, go ahead.
Vice Mayor Plummer: Sir, I can only answer that by in compliance with State
law, if that is one hundred percent of the value. I don't set that value. I
did not...
Mr. Avirett: Is it right for...
Vice Mayor Plummer: May I finish please? I allowed you to.
Mr. Avirett: I understand what you are saying.
Vice Mayor Plummer: All right? I didn't set the one hundred percent
assessment. That was set by the State of Florida. I did not set on a local
level what your assessment is. That was Dade County. Now, do I think it is
fair, from what you have proposed here, I don't know what the value of your
home is, sir. You have not said what the assessment is. How much is the
assessment?
Mr. Avirett: Let's say a hundred and seventy-nine thousand for a two bedroom
house.
Vice Mayor Plummer: All right. And you are telling me directly across the
street, there is a house for four hundred and some thousand dollars.
Mr. Avirett: Four hundred and twenty-five, they built two years ago.
Vice Mayor Plummer: Sir.
Mr. Avirett: Imnediatety, they raised my taxes fifty percent... forty-eight
percent.
Vice Mayor Plummer: Yes, because it's done on comparison.
Mr. Avirett: They are going to get more tax for that four hundred and twenty-
five thousand dollar house, so why do they need more from me?
Vice Mayor Plummer: Let me ask you a question, sir. You say your house is
assessed for a hundred and seventy-two thousand on Reynolds Avenue.
Mr. Avirett: One seventy-nine.
129 September 26, 1991
Vice Mayor Plummer: OK. Would you sell it for that, sir?
Mr. Avirett: I don't want to sell it. I am not interested in selling.
Vice Mayor Plummer: Would you take that amount for it if...
Mr. Avirett: It's not for sale.
Vice Mayor Plummer: It's not for sale. Well, see...
Mr. Avirett: I am a retired man. I depend on that little house to help with
my income.
Mayor Suarez: Mr. Vice Mayor, with all due respect.
Vice Mayor Plummer: But that's what they based it on.
Mayor Suarez: It was an interesting test.
Mr. Avirett: I am seventy-two years old and I need the income.
Mayor Suarez: The rhetorical question, we can't go on with this forever, sir.
If you don't want to sell it, I am sure if he offers you enough money, you
will.
Mr. Avirett: I still have one more question.
Mayor Suarez: Last question, please.
Mr. Avirett: The statement that you gave to several others is that they
should go before the board. What board and who would I go see, and what's the
address, and who do I ask for?
Vice Mayor Plummer: Sir, that's a... all right, sir. That is a State
constituted board. It is called the Board of Equalization. It is primarily
under Metropolitan Dade County in which County Commissioners serve on that
board, School Board representatives serve on that board, none of the City
representatives serve. I think, sir, if I am not mistaken, and you can get
this from somebody else, the time has passed to qualify for a hearing. I
believe it has because they've...
Mr. Avirett: Well I was out of town all summer, so how could I go before the
board, and all the summer and last summer, working?
Mayor Suarez: OK. Yes, that's a problem. If you were out of time in the
summer. Because you have to present it within a certain...
Vice Mayor Plummer: You would have to get from Metropolitan Dade County when
that window is open and you can ask for an appeal. Tax Assessors Office.
Mayor Suarez: And we can... any of our Commissioners...
Mr. Avirett: There is no chance this year?
130 September 26, 1991
Mayor Suarez: Any of our Commissioners' offices will help you to do that. If
you call us we would give you some idea where to go. We don't have that
responsibility, but we will help you, I am sure.
Vice Mayor Plummer: Call the Tax Assessors Office, sir, I think that you have
lost it for this year by the deadline, but definitely you will know what the
open window is next year.
Mr. Avirett: Thank you very much.
Vice Mayor Plummer: Surely.
Mayor Suarez: Thank you. I'm sorry, Commissioner Alonso.
Commissioner Alonso: You know, one suggestion we might have for the general
public? - ask the magic thing that the Herald does. Their property never goes
up.
Vice Mayor Plummer: No?
Commissioner Alonso: No, it does not. It does not.
Vice Mayor Plummer: The Miami Herald's assessment has never gone up. No, I
am not talking to that man. I don't know...
Commissioner Alonso: Eighty-nine, ninety, ninety-one, the same, exactly the
same. It goes up for the people who live in areas that are very poor. The
Miami Herald keeps the same assessment value. That's magical.
Mayor Suarez: All right. Anything further?
Commissioner Dawkins: Yes, I'd like to make a statement; maybe I can...
Mayor Suarez: Commissioner Dawkins and...
Commissioner Dawkins: Mr. Manager, you know, I applaud both of you and the
union. I am only saddened that this was not done last year to avoid where we
are now. How long will it take to get replacements through the Fire Academy.
How long to get them into the academy, out of the academy and on the
streets? - how long?
Mr. Odio: Six months.
Commissioner Dawkins: Six months. How long will it take to get a policeman
into the academy and out on the streets?
Mr. Odio: About the same thing.
Commissioner Dawkins: Same thing?
Mr. Odio: Yes.
Commissioner Dawkins: Six months. So therefor, had we started last year to
do this, we would have policemen ready to fill these vacancies? - but that's
hindsight, we didn't.
131 September 26, 1991
Mr. Odio: Yes, sir, but... yes.
Commissioner Dawkins: Now, my other question to you is how much is needed to
ensure the four percent increases next year? How much money?
Mr. Odio: It's five point seven million dollars.
Commissioner Dawkins: Five point seven million dollars.
Mr. Odic: Yes, sir.
Commissioner Dawkins: Where is that five point seven million dollars?
Mr. Odio: Oh, you mean the budget of 193? This is not for this coming year,
it's for the next budget year of 193.
Commissioner Dawkins: OK. When all of this is over...
Mr. Odio: Yes, sir.
Commissioner Dawkins: ... I am going to make a motion that you place, I don't
care where you get it from, five point seven million dollars in escrow so that
these gentlemen who gave up four percent this year are assured of receiving
four percent next year - now, that's Miller Dawkins. Now, we can sit here and
go through these exercises, but Mr. Manager, you know as well as we know,
occurrences happen that are not planned, all right? One happened yesterday.
I was going to Publ i x down 54th Street, a police car ran the light at 54th
Street and 7th Avenue, it hit another car, turned that car around twice and
drove it in to two more automobiles. The occupants of all four vehicles went
to the hospital, including the policeman. Now, I don't care and I am not
prejudging, but I assure you, since we are self insured, next year these cases
will have come up and you got... Mr. Manager, you've got to find some money to
pay them. So that's why I want... me, five point seven million dollars - I
don't care if you have to put a million every month or whatever, half -a -
million a month, some kind of a way. And I want to report to us each month
what is in this account to ensure that these fellows who gave up this four
percent, have it available for next year.
Mayor Suarez: When you get ready to make that in the form of a motion,
please, so state.
Commissioner Dawkins: Yes, sir. I will, Mr. Mayor.
Commissioner De Yurre: Mr. Mayor, can I make a couple of quick observations.
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: ... and Mano is there. Is Elva Morales still in here?
Ms. Elva Morales: SI.
Commissioner De Yurre: OK, can you step up because I will use you as an
example. I've been playing around with numbers a little bit and we are
132 September 26, 1991
talking about a one point nine million dollar tax increase due to the
assessment that has gone up... the property values that have gone up through
the assessment. We are right now nine point five nine five and the issue is
whether we should roll it back, I believe to nine point four one one. I took
your example of it, an assessment increase of a hundred and thirty-five
thousand dollars, adding up the three properties. The difference between the
nine point five nine five, in your particular case, you would pay the City an
additional twelve hundred and ninety-five dollars and thirty-three cents. If
we rolled it back to nine point four one one, the additional increase, because
you would still pay an increase, it will be twelve hundred seventy dollars and
forty nine cents. The difference to you, which out of a hundred and thirty-
five thousand dollar increase in your property would be a total for the whole
year of twenty-four dollars and eighty-four cents. I am just stating that so
we can understand what we are dealing with.
Vice Mayor Plummer: That can't be right.
Commissioner De Yurre: Somebody else came up to me and said they had a five
thousand dollar increase in their assessment. That five thousand dollar
increase in the assessment, the two figures are an increase of forty-seven
dollars and ninety-eight cents, versus forty-seven dollars and five cents - we
are talking about ninety-three cents for the whole year. We got, you know...
so that we can understand what we are talking about. I just wanted to mention
that for the record.
Mr. E1 Morales: Mr. De Yurre.
Vice Mayor Plummer: I've lost something, hold on. Mr. Manager, you told me
the average house was seventy-seven thousand.
Mr. Odio: Commissioner...
Vice Mayor Plummer: ... and the increase is forty-two dollars.
Mr. Odio: That's an average of the total City.
Vice Mayor Plummer: I understand that, sir.
Mr. Odio: For instance, a buyer...
Mayor Suarez: What is the average? - the answer to his question. What did
the average house go up in value?
Mr. Odio: The average household, the value of, is seventy-seven thousand
dollars ($77,000).
Mayor Suarez: What did it go up in value? - under your analysis.
Vice Mayor Plummer: What did it go up from last year?
Mr. Odio: Four thousand three hundred and eighty something.
Mayor Suarez: Right. So, on a four thousand three hundred and eighty
increase, it's forty-two dollars. He is saying on a hundred and thirty some
thousand dollars increase...
133 September 26, 1991
•
O
Commissioner De Yurre: Well what I am saying is...
Vice Mayor Plummer: It don't make...
Commissioner De Yurre: I am going toward, J.L...
Mayor Suarez: But, they don't jive.
Commissioner De Yurre: I am going toward the difference between our millage
and the proposed rollback.
Mr. Odio: Let me say... what he is saying, Commissioner Plummer, is that if
you left the millage as is, OK? - she would pay an amount. If you reduced it,
she will pay twenty-four dollars less than that in the year.
Vice Mayor Plummer: Yes. But you know, let me tell you what...
Mr. Odio: But she still will have to pay that increased amount.
Vice Mayor Plummer: Let me tell you what nobody is saying here - and I asked
for these numbers, and somebody somewhere along the line has got to understand
these numbers. I asked the Manager a month or so ago to tell me and the City
of Miami, what is the tax exempt property? I am amazed. When you take our
assessment tax base is four - I'm going to use round numbers - fourteen
billion three, and I find out that through agricultural, land, government,
disability, institutional, churches, homesteads and everything, thirty-one
percent of our property in the City of Miami is tax free. I don't think any
other municipality comes even close to a thirty-one percent of the value of
its property being tax exempt. When you add to that, that the fact that four
hundred and forty thousand people, which is our population, have to take and
stand and provide municipal services for a million five during the daytime,
and they don't contribute to the City of Miami, that's where a lot of these
problems are coming from. We have thirty-one percent of our property that is
tax exempt. I don't know any other City in which that exists. And I don't
know what we can do about it.
INAUDIBLE COMMENTS NOT ENTERED INTO THE RECORD.
Vice Mayor Plummer: But, what can we do?
INAUDIBLE COMMENTS NOT ENTERED INTO THE RECORD.
Mr. Odio: At one time, and I think...
Mayor Suarez: Please, Please.
Vice Mayor Plummer: You can't tax them.
Commissioner Alonso: Place a fee.
Vice Mayor Plummer:
official or not...
Are you going to stand here and tell me as an elected
134 September 26, 1991
Mayor Suarez: We have to come up with a fee.
Vice Mayor Plummer: ... that you are going to tax a church?
Mayor Suarez: We agree. We have to come up with a fee...
Vice Mayor Plummer: I'm not.
Mayor Suarez: ... in lieu of taxes if it can be done.
Commissioner Alonso: We do it to our citizens, why not?
Mayor Suarez: And we've asked the Manager to report back to us on that,
hopefully, some time before the year two thousand. Yes, ma'am, behind you,
Elba. The question was directed to you but it was only a mathematical
observation by the Commissioner.
Commissioner Alonso: Well, the point...
Ms. Morales: I really love your mathematics.
Mayor Suarez: If it's not right...
Ms. Morales: I really do.
Mayor Suarez: ... at the appropriate time...
Ms. Morales: I will do it and you know, I heard you say that you were one of
the lucky ones, that you...
Mayor Suarez: Ma'am.
Ms. Morales: ... and I really feel very happy about it.
Mr. Odio: By the way, my taxes went up three hundred and fifty-six dollars
this year, OK? - and I can show you my bill.
Mayor Suarez: Then you're not so lucky. All right. Thank you, Elba, please.
Ms. Morales: Three hundred and fifty...
Mayor Suarez: You might want to correct his mathematics if they are wrong
because we want to make sure we have it on the record.
Ms. Morales: I will correct.
Mayor Suarez: Yes, ma'am, please, quickly. YA CASI TODO ES REPETITIVO,
PERO...
Ms. Nancy Feyt: LO VOY A HACER EN ESPANOL PARA QUE ME ENTIENDAN. EL INGLES
MID ES YA... BUENO, MI NOMBRE ES NANCY FEYT. YO VIVO EN EL 911 N.W. 23
AVENIDA. YO TENGO UN EDIFICIO DE APARTAMENTOS QUE TENGO, LA MAYORIA SON
VIEJITOS QUE VIVEN HACE MUCHOS ANOS AHI. Y YO Nv0 LES PUEDO SUBIR RENTA
PORQUE, ENTONCES QUIEN LO VA A PAGAR? YO? YO PIENSO QUE NO ES JUSTO LO QUE
135 September 26, 1991
SE ESTA HACIENDO. LA BASURA CADA VEZ SUBE MAS Y TENGO ENTENDIDO QUE LO VAN A
SUBIR. LAS LICENCIAS HAN SUBIDO TAMBIEN. UNA LICENCIA QUE VALIA $15 LA HAN
SUBIDO A $50. HAY QUE SACAR SETS LICENCIAS, TRES DEL COUNTY Y TRES DE LA
CIUDAD. YO ESTOY PAGANDO A LA CIUDAD, MANDO EL OTRO DIA CUANDO MANDO LA
CUENTA, SI NO PAGABA ANTES DEL PRIMERO DE OCTUBRE DE $91 Y TENIA QUE PAGAR
$141, 0 SEA LE PONEN A UNO HASTA LA PRECISA CUANDO LISTED TIENE HASTA QUE
PAGAR. LA BASURA CADA VEZ QUE USTED SE PASA, CADA VEZ LA SUBEN MAS. ANOS
ATRAS AQUI NO SE PAGABA BASURA. DESDE QUE EL SENOR SUAREZ ESTA EN EL PODER,
ES NADA MAS QUE IMPUESTOS, LICENCIA CUANDO UNO TIENE NEGOCIOS... (APPLAUSE)
... PARA MI DEJENME DECIRLES, YO VIVO EN ESTE COUNTRY, EN ESTE MIAMI, DESDE EL
AND 149. YO SE LO QUE ERA ANTES Y LO QUE ES AHORA. A VECES ME DAN GANAS DE
NO VOTAR, PERO POR ESO SALE LA BASURA, PORQUE NO SE VOTA. TENEMOS QUE VOTAR
TODOS PARA VER CUAL ES EL QUE TENGAMOS EL MEJOR, PORQUE ES QUE ESTAMOS
TRATANDO Y RESULTA QUE TODOS LOS QUE VIENEN, HACEN LO MISMO. YO NO SE HASTA
CUANDO VA A DURAR ESTO, PORQUE NADIE PUEDE SOPORTAR LA VIDA COMO ESTA.
OIGAME, MIRE, USTED VA A LA BODEGA 0 AL MARKET, USTED VA TODO...
TRANSLATION: She is going to do it in Spanish because my English is not that
good. She lives in 911 South... NW 23rd Avenue. She has an apartment
building. That the majority that lives there are old people that have been
living there for a long time and she cannot raise the rent because then, she
will have to pay it herself. I think it is not just what you are doing. The
garbage keep going up and she understands that the garbage is going to go up
even more. The licences have gone up. A licence that used to be fifteen
dollars is now fifty dollars. She has to get six licences, three from the
County and three from the City. I am paying the City. The City sent the
other day a bill that if she didn't pay before the 1st of October, from
ninety-one dollars, she would have to pay a hundred and forty-one unless...
They even tell you when you have to pay it. They garbage keep going... every
time you go over the date, it keeps going up. Way back, you didn't used to
pay garbage fee. Since Mayor Suarez has been the mayor, it's only taxes,
licenses... For me, I have to tell you. I lived in this country since 1949.
I know what it used to be and what it is now. Sometimes I feel like not
voting... because that's why you get the garbage, because you don't vote. So
if we all vote... everyone that gets elected, does the same, so. Until when
is this going to last? Because you cannot afford to live like what it is.
Look, if you go to the... anywhere you go...
Mayor Suarez: We know the cost of living is increasing. SABEMOS QUE EL COSTO
DE LA VIDA ESTA AUMENTANDO EN GENERAL, PERO SE ACABO TU TIEMPO Y EL COSTO DE
TODOS NOSOTROS TAMBIEN ESTA AUMENTADO. POR FAVOR.
Ms. Feyt: SI, SENOR SUAREZ, PERO ESPERESE.
TRANSLATION: Please, Mr. Suarez, wait a minute.
Mayor Suarez: If anybody cannot maintain tranquility and order, you may
listen outside. That's the sign of the ability to function in a democracy. I
have listened to the lady, we have all listened to her and to other people on
both sides, we've been respectful, be respectful to this Commission.
Ms. Feyt: MIRE, SENOR SUAREZ.
Mr. Odio: Look, Mr. Suarez, please.
Mayor Suarez: SE NOS ESTA ACABANDO EL TIEMPO.
136 September 26, 1991
Ms. Feyt: POR FAVOR, UNA BOBERIITA MAS VOY A DECIR.
TRANSLATION: One, a little bit more of...
Mayor Suarez: OK, finish up, finish up.
Ms. Feyt: YO VIVO EN EL 911 DE 23 AVENIDA. FABRIQUE MI CASA EN EL AND 152.
CUANDO YO FABRIQUE MI CASA EN EL ANO '52, EL PRIMER ANO PAGUE $50. AHORA VOY
POR $1,400. MI CASA ES UN SINGLE HOUSE Y TODO EL MUNDO ALLI ES DUPLEX. NADA
MAS QUE HAY TRES CASAS, TRES CASAS, Y TODD EL MUNDO ES DUPLEX. ENTONCES DADE
COUNTY ESTA PARECIDO, ES HORRIBLE LO QUE ESTA PASAND09 PERO CABALLEROS,
TENEMOS QUE UNIRNOS Y HACER ALGO. PORQUE AQUI TODO EL MUNDO ESTA HACIENDO LO
QUE LE DA LA GANA. YO PIENSO QUE ES HORRIBLE COMO ESTA MIAMI. AHORA HAN
DESBARATADO LA CALLE 11, HAN DESBARATADO DESDE LA 27 HASTA LA 119 LA 24, LA
21, HASTA LA TREINTA Y PICO, ABREN UN HUECO, LO DEJAN AHI.
Mr. Odio: She lives on 911 SW 11... She bought her house in 1952. When I
built my house in 152, the first year, I paid fifty dollars. Now, she is
paying fourteen hundred. My house is a single,house and every other house is
duplex. Three houses. Everybody is duplex but her house. The County is the
same. It's horrible what's happening. But please, gentlemen, when are we
going to do something about it? Because everybody is doing whatever they
please. I think it's horrible the way Miami is. They have destroyed lath
Street, from 27th to 11th, 24th, twenty... well, everything up to thirty-
fourth.
Mayor Suarez: OK, you were finishing up? USTED ESTABA TERMINANDO, POR FAVOR,
POSIBLEMENTE ESTAN HACIENDO UNA OBRA PUBLICA AHI, PERO... Did you finish,
ma'am, or not? Is that your basic point? YA ACABO? ESE ES SU PUNTO BASICO
QUE ESTABA DICIENDO. NOS PROMETIO QUE ESE IBA A SER EL ULTIMO, ACUERDESE.
Ms. Feyt: OK, ERA POR LO DE MI CASA, QUE MI CASA ES SINGLE HOUSE Y TODO ES
DUPLEX ALREDEDOR Y ESTOY PAGANDO MIL CUATROCIENTOS Y PICO DE DOLARES.
Mr. Odio: My house is a single house, family, and everything else is
duplexes, and she is paying fourteen hundred dollars a year.
Mayor Suarez: You told us that. YA NOS DIJO ESO, GRACIAS.
Ms. Feyt: OK. MUCHAS GRACIAS.
Right, ma'am.
Mayor Suarez: Last speaker. ES LA ULTIMA PERSONA QUE HA PEDIDO HABLAR Y
TENEMOS QUE TOMAR OTROS ASUNTOS ESTA NOCHE. We have to take a few other
items, please.
Ms. Carmen Contreras: Am I the lucky one?
Mayor Suarez: Yes, ma'am.
Ms. Contreras: ... The last one?
Mayor Suarez: And I guess the unions will, to the extent that they think that
they ought to go through this again, make quick statements. Yes, Ma'am.
Ms. Contreras: My name is Carmen Contreras and I live at 460 Tamiami
Boulevard. Now, I have a duplex, and my mother lives next to me. She is
eighty-two years old. There is no way she is going to be able to pay taxes
137 September 26, 1991
the way the taxes from the City and County are placed on our property. My
husband has been without work for six months. My sewerage... 1 have to pay
taxes for my sewerage on both sides. I have sewerage on one side and sewerage
on the other, taxes, I have taxes on one property for garbage and another one
for garbage, so I pay twice of what anybody else pays. And I think it's very
unfair, not only the City of Miami, but the County. I lived here for thirty
years and I have never been placed in a position where I've been placed right
now. I earned... I am the only one working at home and I cannot afford to pay
these taxes. I can't afford to lose my home either. You know, what about my
retirement, my husband's retirement when it comes around? Am I going to have
to sell my property because I can't pay taxes? - That is my question. I think
it's very unfair you know, for people to continue living in this County and in
the City, and continue to pay the taxes that we are paying. And I mean, my
mom is eighty-two years old and I mean, on the pension that she gets, she can
hardly make it. I have to pay for the balance of all her bills, and I don't
think it's fair at all. So, what can I do? - this is my question, what can I
do, or what can the Commissioner do? - of the City of Miami. What about
County? I went to County and they refused to see me.
Mayor Suarez: Didn't nobody see you in the County?
Ms. Contreras: No, sir.
Mayor Suarez: We certainly did a little better than that. OK, thank you,
ma'am.
Ms. Contreras: Thank you.
Mayor Suarez: I want to congratulate you for being so far, the only person
that stayed within the two minute allocation of time. Quickly, please, from
the unions.
Mr. Al Cotera: Yes. My name is Al Cotera and I am the president of the
Fraternal Order of Police. Mr. Mayor, I'd like to direct this in Spanish and
have someone translate it for the benefit of the non English speaking people
here.
Mayor Suarez: The Manager wants to work overtime here in translating.
Mr. Odio: Talk slow, Mr. Cotera, so that I can translate it.
Mr. Cotera: I will.
Mayor Suarez: POR FAVOR HABLE DESPACIO.
Mr. Cotera: MI NOMBRE ES AL COTERA. YO SOY EL PRESIDENTE DEL SINDICATO DE LA
POLICIA DE MIAMI. NOSOTROS EMPEZAMOS ESTE CON 1,114 POLICIAS DENTRO DEL
PRESUPUESTO. POR FALTA DE DINERO, NOS QUEDAMOS CON 1,086. CON LOS 48 RETIROS
QUE SE HAN HECHO PARA TRATAR DE ESTAR DENTRO DEL PRESUPUESTO, NOS QUEDAMOS CON
1,038 POLICIAS. BASADO EN LOS NUMEROS QUE SE HAN DADO AQUI, LOS GASTOS PARA
UNA CASA SON $3.50 DE DIFERENCIA ENTRE PASAR ESTO Y NO PASARLO. YA ESTAMOS 76
POLICIAS CORTOS EN ESTE DEPARTAMENTO. PARA DARLES UN EJEMPLO, ESTA NOCHE, EN
ESTOS MOMENTOS, DESDE EL RIO DE MIAMI HASTA LA 72 AVENIDA HASTA FLAGAMI, HASTA
LA BAHIA, HASTA AQUI, HASTA COCONUT GROVE, HAY 27 POLICIAS, Y TRES 0 CUATRO DE
138 September 26, 1991
116, AN
ELLOS ESTAN AQUI EN ESTA COMISION AHORA. USTEDES QUE SON LAS PERSONAS MAYORES
DE LA CIUDAD DE MIAMI, PORQUE YO HE TRABAJADO LA PEQUENA HABANA, Y YO TAMBIEN
HE TRABAJADO EN OVERTOWN Y EN LIBERTY CITY. USTEDES SON LOS QUE NECESITAN QUE
HAYAN POLICIAS EN LA CALLE, QUE HAYAN BOMBEROS EN LA CALLE, Y QUE HAYAN FIRE
RESCUE EN LA CALLE. LA DIFERENCIA SON $3.50 MENSUALES. YO TAMBIEN HE PAGADO
MAS IMPUESTOS EN MI CASA AQUI. MI PADRE Y MI MADRE VIVEN AQUI EN LA PEQUENA
HABANA TAMBIEN. MI PADRE ES RETIRADO. YO SE EL TRABAJO QUE SE PASA AQUI
CUANDO UNO ES RETIRADO PORQUE LO VIVO. BASADO EN LA DIFERENCIA DE $3.50 CREO
QUE MUY POCAS PERSONAS QUIERAN CORRER EL RIESGO ESE. Thank you. (APPLAUSE)
TRANSLATION: My name is Al Cotera. I am the president of the Fraternal Order
of Police. We started this year with one thousand one hundred and forty
police officers within the budget. Because we didn't have any monies, we are
down to one thousand eighty-three. With the forty-eight that are retiring,
that have been made, so that we can reduce the budget, we are down to one
thousand twenty-eight. Thirty-eight. One thousand thirty-eight. Besides the
numbers that have been given here the expenses for a house, there is a cost of
three dollars and fifty cents of difference between passing this bill and not
passing it. We are now thirty-six policemen short in this department. To
give you an example, tonight as we talk tonight from the river of Miami, to
72nd Avenue, to the bay, to here, to Coconut Grove, there are only twenty-
seven police officers working. And three or four of them are here tonight.
You, that are older residents of the City of Miami, because I have worked in
the Little Havana area, and I have worked in Overtown, and in Liberty City.
You are the ones that need that we have more police officers in the street.
That we have firefighters available, and there is fire rescue available. The
difference is three dollars and fifty cents a month. He is also paying more
taxes in his house. His father and mother also live in Little Havana. His
father is retired. I know what kind of... because his father is retired, he
knows what they go through, so he has lived that. But, based on a difference
of three dollars and fifty cents, I think that very few people will want to
take a risk like that. GRACIAS.
Commissioner Alonso: I have a question, Mr. Mayor. Mr. Mayor.
Mayor Suarez: Please, please. Commissioner Alonso.
Commissioner Alonso: Yes. Mr. City Manager, if these numbers are true, we
have seventy-six policemen less in this budget, is that right?
Mr. Odio: We are down to... the last count we had was one thousand eight -
three. As people leave next week...
Mayor Suarez: No, she is talking about the... in the budgeted number, not the
actual, right?
Mr. Odio: Well, budgeted number is one thousand eighty-six.
Commissioner Alonso: We lost, according to him, seventy-six policemen. And
as it was, it was taken, it happened to me several times...
Mr. Odio: Right.
Commissioner Alonso: ... it happened to me that I called and the response
time was more than fifteen minutes in one occasion, and it was over twenty-
139 September 26, 1991
five minutes in another occasion. I even had to call Commissioner Plummer, I
tried to reach the Mayor for help. I couldn't reach the Mayor. I did reach
Commissioner Plummer and said, could you get help for us? I had to call...
Vice Mayor Plummer: Wait a minute, tell them you got it.
Commissioner Alonso: Yes.
Vice Mayor Plummer: Yes, all right.
Commissioner Alonso: Yes. I had to call the City Manager before and I didn't
see anyone that concerned about this problem. Now, all of a sudden, because
of the public is saying, enough is enough. At least we want to stop the
taxes. If we cannot reduce them to the level that we want, at least, let's
stop this from happening. How come, all of a sudden the numbers increased,
the concern increased, we are going to have people dead in the streets, the
rescue is not going to arrive, the elderly, they are going to die. This is a
very dramatic picture, very dramatic. I remember when proposition one, I
think it was called here in Dade County, something similar to proposition
thirteen from California, then people started talking about all of this
dramatic situations. But, in the meantime, it's happening, it's really
happening. So, don't tell us that it is going to happen, because it's
happening. We are living with it everyday, and on top of that, we are paying
excessive taxes. So, something has to give. Something has to give. I think
that if you are happy with the budget, we can afford the reduction and no
service has to be cut. And I think that's the way to go. The only way to go.
Mayor Suarez: Finish up, please, Shorty, or anyone else. We have a few items
to get through tonight, please, and make it...
Mr. Shorty Bryson: I don't want to wear you out Mr. Manager, but, would you
translate for me? I'd like to speak to the citizens too.
Mr. Odio: You're going to speak in Spanish?
Mr. Bryson: No, I'm going to speak in English. Irish.
Mr. Odio: OK. You have to do it slower.
Mayor Suarez: Shorty, if we establish as a precedent that everything has to
be translated because of the audience, this could be problematic in the
future.
Mr. Bryson: Yes, sir.
Mayor Suarez: I think you ought to make your remarks and we could to submit
to them, translated transcript, I'd be happy to. Anyone that signs up, give
them a translated transcript, please.
Mr. Bryson: Very good. Well, first of ail, I am the president of Miami
Firefighters. I would like to say that... you might not realize it, the
taxpayer's taxes are only... a small percentage are made up of City of Miami
taxes, but yet, the City of Miami provides all of the police protection, fire
protection, sanitation, parks and recreation, and that's where your dollars
140 September 26, 1991
are going. People don't realize that they are paying County taxes and that
their tax bill includes the school board, and County taxes along in there.
They also don't realize that in the past six years, that our millage rate has
stayed the same when others have risen. They don't realize that the operating
budget has remained... it only increased twelve percent when inflation has
increased thirty percent. Police cars, Fire trucks, mops, tape, whatever you
want to buy today cost thirty percent more than it did six years ago, but yet,
the operating budget has only gone up twelve percent. I am afraid of cutting
this budget too close. And I am afraid because I know how close it really is.
I know that. Now, I am asking that we support the plan. I know that there
are problems, there are variables with this budget. Pension, the State has
come in and said that there are some funding problems with pension, not
because of benefits, because of the way the money is paid. There is interest
problems there, what if there is a riot, what if there is a hurricane? We
don't want this thing cut so close that it will end up with layoff of
firefighters and police officers and others. The other portion of this is
that we strongly urge you to stick to the plan, the savings will come in the
next five years. When we start hiring back, we hire back at a lower rate than
we retire at. We agreed to down -size the City, we are in on the five year
plan and next year, you should see the savings start coming in and the year
after, more savings. And eventually, we will have this City on an operating
budget where we can afford the three essential services and not have to come
to the citizens for more money. Thank you.
. Mayor Suarez: Thank you, Mr. Bryson. Quickly, we're going to give you a
quick paraphrase translation. VAMOS A DAR UNA TRADUCCION BIEN RAPIDA EN
BREVE.
Mr. Odio: OK. EL LO QUE DIJO ES QUE EL ES EL PRESIDENTE DE LOS BOMBEROS. EL
LE QUISO DECIR A USTEDES QUE LOS IMPUESTOS EN LA CUENTA QUE A USTEDES LES
LLEGA, LA CIUDAD ES UNA PEQUENA PARTE, QUE LA JUNTA ESCOLAR, EL CONDADO, LO
DEL AGUA... LA JUNTA ESCOLAR, PERDON, Y EL CONDADO. QUE USTEDES DEBEN DE
DARSE CUENTA QUE MIENTRAS LA INFLACION HA SUBIDO MAS DEL 30°% EN LOS ULTIMOS
SEIS ANOS, 0 SEA EL COSTO DE LA VIDA A SUBIDO EL 30°%, QUE LA CIUDAD NADA MAS
QUE HA SUBIDO SU BUDGET OPERACIONAL EN EL 12%, 0 SEA, QUE SE ESTA OPERANDO MUY
POR DEBAJO DE LO QUE HA COSTADO LA VIDA. EL TIENE MIEDO QUE SE CORTE MUY
CERCA ESTE PRESUPUESTO, PUESTO QUE SI HAY UNA EMERGENCIA, ENTONCES LA CIUDAD
ESTARIA EN UNA SITUACION MUY PELIGROSA. EL DICE QUE EN EL PLAN QUE SE VA A
PREPARAR ENTRE EL SINDICATO Y LA ADMINISTRACION PARA LOS PROXIMOS CINCO ANOS,
QUE AHI COMO ELLOS HAN ACORDADO DE BAJAR LOS COSTOS OPERACIONALES DE LA
CIUDAD, REEMPLA2ANDO BOMBEROS A UN COSTO MUCHO MAS BAJO DE LO QUE AHORA
COSTABAN, QUE EL CREE QUE LOS PROXIMOS CINCO ANOS LA CIUDAD VA A ESTAR EN UN
ESTADO FINANCIERO MUCHO MEJOR, QUE LE VA A DAR UNA VIDA MAS CONFORTABLE A
TODOS USTEDES. GRACIAS.
Mayor Suarez: Thank you. All right, the final statement, Lionel, everybody,
all the unions have spoken.
Mr. Lionel Nelson: Yes, my name is Lionel Nelson of the Sanitation Employees
Association, and I am not going to be repetitious what have already been said.
But, I'd just like to say this though, that the union, the four unions and the
City Manager, we sat down to deal in good faith, to work with you all and
everyone so that our City would not become a statistics like other cities have
in the United States, as far as bankruptcy and this other type of stuff. But,
141 September 26, 1991
W
the bottom line here is, we just want our jobs. Nobody likes to pay increases
in taxes. We gave up our raises, we didn't ask for more money, we gave it up
because we need our jobs. We don't want to become jobless and add to the
jobless situations of Miami. We have single parents here, women, fathers that
are trying to pay their children through school to help them gain a higher
education. We have elderly parents as well that lives with us, that we are
taking care of - I am sure there are some of them over there. They have sons
and daughters that... or uncles and nephews that work for the City as well.
But if you're going to do what 1t is that you are trying to do, a lot of us
are going to not have our jobs. And we just want our jobs. Thank you.
Mayor Suarez: Thank you for your statement. The chair is inclined to close
debate because we had anticipated no more speakers. DE HECHO NO HABIAMOS
ANTICIPADO NINGUN MAS ORADOR. TENEMOS QUE CERRAR EL DEBATE, PERO, SI QUIERE
DECIR UNA COSA BIEN, BIEN RAPIDA, SENOR, POR FAVOR.
Mr. Juan Garcia: BUENO, MI NOMBRE ES JUAN GARCIA. YO QUIERO DECIRLES QUE EN
LOS PAGOS DE TAXES DE 1987, EL TAX DE LA PROPRIEDAD MIA FUE DE $818. ENTONCES
EN EL 188 RECIBO EL APPRAISAL Y VIENE UN AUMENTO DE CASE $500 MAS. ENTONCES
VOY ALLA A LA CIUDAD Y ME DICEN QUE LA TIERRA SUBIO $15,000 DE MI CASA.
TRANSLATION: My name is Juan Garcia. I want to tell you that in paying the
taxes of 1987, the tax of his property was eight hundred and eighteen dollars.
In 188, he received the appraisal and came an increase of almost five hundred
dollars more. Then I go to the City and they told him that his land went up
fifteen thousand dollars.
Mayor Suarez: Please, please.
Mr. Garcia: ENTONCES AQUI TENGO LOS PAPELES. ENTONCES AL ANO SIGUIENTE, YA
ME SUBEN CASI $60 MAS. ENTONCES AHORA ME VIENE OTRO AUMENTO POR CASI $100
MAS. ENTONCES CUANDO YO LLEGE A RETIRARME, VOY A ESTAR LIQUIDADO, VOY A TENER
QUE REGALARLE LA CASA A LA CIUDAD, PORQUE AL PASO QUE VOY, A DONDE VOY A IR A
PARAR?
TRANSLATION: Then he has his papers here. Then the next year they went up
another sixty dollars. And now, he just got another of almost a hundred
dollars more. Then when he gets to his retirement, he will be finished. He
will have to give the house to the City and... because the way he is going,
where is this going to go?
Mayor Suarez: OK. Thank you for your statement, sir. MUCHAS GRACIAS POR SU
DECLARACION. Everything that could possibly be said has been said. I can't
imagine any new arguments. If you want to state your name and address that
you support what's been said, just do that. SU NOMBRE Y DIRECCION NADA MAS Y
QUE USTED APOYA LO QUE SE HA DICHO, POR FAVOR. USTED QUERIA DAR SU NOMBRE Y
DIRECCION Y QUE USTED APOYA LO QUE SE HA DICHO?
Mr. Julio Regalado: POR SOLO UN SEGUNDO QUISIERA TOMAR LA PALABRA.
Mayor Suarez: No, we can't do that sir. We've got to close debate. It is
7:48 and we have about six or seven other items including budgets of other
agencies...
Mr. Regalado: EL CASO MID ES DE $75,000 QUE ME SUBIERON...
142
September 26, 1991
4*
Mayor Suarez: OK. Put your name and address and if you want, the figures of
your house. Your name?
Mr. Regalado: YO VIVO EN LOS ROADS DE MIAMI.
Mayor Suarez: Your name. SU NOMBRE.
Mr. Regalado: Julio Regalado.
Mayor Suarez: Julio Regalado. You live in the Roads. What's the address?
Mr. Regalado: Seventeen thirty Southwest 1st Avenue.
Mayor Suarez: OK. Very good. How much did your property go up, you said, in
valuation?
Mr. Regalado: Forty-five thousand for one... in one time.
Mayor Suarez: What year to what year? DE QUE ANO A QUE ANO?
Mr. Regalado: NOS CAMBIARON PARA ZONA DE OFICINA. NOS ESTAN SACANDO A
IMPUESTOS A TODOS LOS QUE ESTAMOS EN LOS ROADS. FUIMOS A PROTESTAR. ENSENE
PRUEBAS. ESTAN HACIENDO IGUAL QUE CUANDO SACARON A LOS INDIOS. IGUALITO COMO
SACARON A LOS INDIOS AQUI, NOS ESTAN SACANDO A NOSOTROS. (APPLAUSE)
TRANSLATION: They are changing up the zoning to office and they are exacting
taxes from the people that live in the Roads. They are saying... they are
doing the same way as when they removed the... OK, all right. That's not
what... as when they removed the native Americans.
Mayor Suarez: Thank you for your statement. Now, you are getting
argumentative. The debate...
Commissioner Alonso: Mr. Mayor.
Mayor Suarez: ... the public hearing is closed. Commission is now going
to... you are with us a lot, you can come and address this Commission anytime
you want. You know that. Commissioner Alonso and then I want to make a quick
statement on an idea that arose during the discussion before...
Commissioner Alonso: Yes.
Mayor Suarez: ... and we ought to vote on a motion before us.
Commissioner Alonso: OK. I also want to address in Spanish. Would you
translate, please? YO QUIERO DECIRLES PARA ACLARAR LOS PUNTOS DE QUE NO
EXISTA DUDA DE QUE AQUI SE ESTAN CORTANDO SERVICIOS. NO SE VA A CORTAR
SERVICIOS. NO SE VA A DEJAR EMPLEADOS FUERA. NO EXISTE NINGUN PELIGRO DE ESA
CLASE. YO HE HECHO UNA MOCION EN QUE ESTOY PIDIENDO QUE SE REBAJE UNA PEQUENA
FRACCION EL MILLAGE DE LA CIUDAD. ESTA CANTIDAD QUE ESTOY PIDIENDO ES UNA
FORMA PARA PARAR EL DESENFRENO DE LA SUBIDA DE LOS IMPUESTOS. ESTA MEDIDA, Y
QUIERO ACLARAR EN EL RECORD QUE YO ESTOY DICIENDO QUE AQUI HAY DOS MILLONES DE
DOLARES QUE SE HAN ENCONTRADO QUE SE PUEDEN RECLAMAR DEL CONDADO. LO QUE
PODEMOS HACER ES PAGARLE AL CONDADO Y REBAJARLE LOS DOS MILLONES. CREO QUE
LOS CIUDADANOS DE MIAMI TIENEN ESE DERECHO Y ENTONCES CON ESOS DOS MILLONES
143 September 26, 1991
NOS GARANTIZAMOS QUE EL PRESUPUESTO SERA EL MISMO QUE ESTABA APROBADO AQUI Y
PRESENTADO A NOSOTROS, QUE NO LLEVA CORTES, QUE NO REDUCE SERVICIOS, PERO QUE
SI AYUDA A LOS CIUDADANOS DE MIAMI. Y YO QUIERO DECIR QUE NOSOTROS TENEMOS
ALGO QUE SE LLAMA UN FUND BALANCE, UNA RESERVA, QUE ESE DINERO PODEMOS TOMARLO
AUN EN CASO DE EMERGENCIA Y DE ESA MANERA PODEMOS GARANTIZARNOS QUE ESTOS DOS
MILLONES QUE VAMOS A DESCONTAR, SI HAY PROBLEMA, LO SACAMOS DEL FUND BALANCE.
YO CREO QUE ES JUSTO QUE HAGAMOS ESTO Y ADEMAS SERIA UN MENSAJE MUY FUERTE QUE
LA CIUDAD DE MIAMI ESTARIA ENVIANDO AL CONDADO Y AL SISTEMA ESCOLAR DICIENDOLE
QUE LA CIUDAD DE MIAMI ENTIENDE LAS NECESIDADES DE LOS CIUDADANOS Y SABEMOS
QUE NO SE PUEDE MAS Y QUE ESTAMOS EN DISPOSICION DE REDUCIR LO QUE HAYA QUE
REDUCIR PARK RESPONDER A ESAS NECESIDADES EN TIEMPOS DIFICILES. POR ESO, YO
REPITO MI MOCION QUE DICE QUE SE REBAJE LOS IMPUESTOS DEL 9.5995 AL 9.4119
four eleven, PARA DE ESA FORMA, HACER EXACTAMENTE LO QUE DECIMOS QUE ESTAMOS
HACIENDO, MANTENER LOS IMPUESTOS, AL MENDS, BAJO CONTROL. QUE CREO QUE ESO ES
ALGO QUE ES IMPRESCINDIBLE YA QUE SE RAGA, NO SOLO EN LA CIUDAD DE MIAMI, SINO
EN TODD EL CONDADO DE DADE. Y ESA ES MI MOCION ESTA NOCHE. (APPLAUSE).
TRANSLATION: I want to tell you, to clarify some points so if you have
certain doubts that we are cutting services. We are not going to cut
services. We are not going to lay off anyone. There is no danger of that
kind. She has made a motion in which she is asking that we reduce a very
small fraction of the EL AMILLARAMIENTO DE LA CIUDAD. This amount that she is
asking for is a way to stop somehow the tendency of raising taxes. This
measure that I want to clarify for the record that she is saying that there is
two million dollars of dollars that we have found them, and that we can
reclaim them from the County. What we can do is to pay the County and then
reduce the two million dollars. I think the citizens of Miami have the right.
And then with those two million dollars we would guarantee that the budget
will be the same that was approved before and presented to us that would not
have any cuts, that will not reduce services but that will help the citizens
of Miami. And that's what I want to say that we have something... that we
have a fund balance, a reserve, that that money we could use it in cases of
emergencies, and that way we could guarantee that those two million dollars
that we are going to take off from the County if we have any problem we could
take it from the fund balance. I think it's right that we do this. And
besides that it would be a very strong message that the City of Miami would be
sending to the County and the school system telling them the City of Miami
understands the needs of the citizens and that we know that we cannot stand
this anymore and that we are in a disposition of reducing whatever we have to
reduce when in hard times, we will be responding to the needs of the citizens.
Because of that, she will repeat her motion that says that reduce taxes, from
nine point five nine nine five to nine point one four eleven. So that way we
would do exactly what... saying what we are doing... we are doing what we are
saying, to maintain the taxes at least, under control. That that's what... is
something that has to be done now, not only in the City of Miami but in all of
the Dade County. And that's her motion.
Mayor Suarez: The motion has been made previously and duly seconded, I deem
it to be the same motion...
Commissioner Alonso: Yes.
Mayor Suarez: ... in essence and we are on Commission discussion on the item.
If there is any other discussion - Commissioner De Yurre, and I want to make a
quick statement myself before we vote.
144 September 26, 1991
Commissioner De Yurre: Yes. I am kind of perplexed to some degree. Because
if I recall, over a year ago, there was a big discussion on this Commission
with reference to the fund balance. And the issue was that we wanted to raise
it to ten million dollars so that the City would be financially stable. We
made a commitment not to touch that fund balance. We made a commitment to
increase it annually by the sum of one million dollars ($1,000,000) something
that the City Manager felt was difficult to do, but that he felt if that was
our wish, that it would be so. I could see taking that letter and going to
the County in attempt to redeem that money. I don't think we would be
successful because we really don't have any significant legal basis for it.
However, if there was any savings, based on that letter, then we could always
consider giving it back to the people once we have it next year. We don't
have it this year. A tot of things happen in this City of Miami which are not
under our control - How much money did we spend last year just in overtime? -
with police officers?
Mr. Odio: Above the budgeted amount, we spent three point five million
dollars in the Police Department alone. - Above the budget amount.
Commissioner De Yurre: So that's an extra three and -a -half million dollars
that were not expected.
Mr. Odio: That we did not budget.
Commissioner De Yurre: Where would we get today three and a half million
dollars from this budget?
Mr. Odio: Oh, no. We couldn't find it here. What we have done now is make
sure that we have added six point seven million dollars to the Police
Department's budget over last year to make sure we don't have to scramble like
we were today, and tomorrow, and the next day until we finished this year, to
make sure we end up with a balanced budget.
Commissioner De Yurre: So I think that we are looking at a situation wherein
a lot of things are not within our control, but we have to have some sense of
good government, and deal with things in a rational basis. Now, let me ask
you this. As far as looking for additional funds, what can we do or what are
we doing about collecting, you know, the millions of dollars that are out
there on delinquent monies that are owed to the City? Fees, such as you know,
trash fees, and liens that we have, what can we do to collect some of that
money? What is being done right now?
Mr. Odio: On Solid Waste, we have collected... we've collected above a
hundred percent of what was out there. The last number I saw was four million
dollars. What we do, we place liens and we sell them on the County's Court
steps when we have an opportunity, and we get our money from that, but it
takes... it's a process of about a year. The same thing with the taxes. We
have to work with the County on that, and the last number I saw was seven
point five million dollars, I believe - I'm using my memory right now,
Commissioner.
Commissioner De Yurre: So there is nothing that we can do? We get that money
up front through...?
145 September 26, 1991
Mr. Odio: No. We have to wait until the County collector is out there. On
the taxes property, we depend on the County.
Commissioner De Yurre: Didn't we deal with this issue about three year ago,
that we were going to create our own department and go after it ourselves with
the County's permission?
Mr. Odio: No. The County will not give way to the rights of tax collections.
That's...
Commissioner De Yurre: Even liens? - I mean, even like garbage fees and stuff
like that?
Mr. Odio: No, the garbage fee, we do ourselves. The property taxes, the
County has the right to do that and they do.
Commissioner De Yurre: OK. Thank you.
Mayor Suarez: All right, Commissioners, I just want to pick up very quickly
on an item somewhat related to what Commissioner Dawkins said. I do, Mr.
Manager, believe that in view of the dynamic and variable way in which we are
looking at the savings to be created by the early retirement plan and the rest
of the agreements with the unions, that it is incumbent upon you to, and I
would ask this Commission if they don't agree, and I can't see... 1 am sure
that they agree, that we should get from you, on a quarterly basis, a report
of what exactly the budgeted amounts of each of these departments was, and
what exactly is in fact, the amount expended up to that point. So that if
after the history actually begins to take place, we have savings, this
Commission can act on those savings. And we want those reports at least
quarterly. Really, we should have it monthly. And you have a lot of
computers around here and a lot of systems for determining. It may be better
even on a monthly basis, but certainly quarterly basis, because if in fact, we
have reductions or if we recover some of these funds that Commissioner Alonso
eluding to, or anything else that comes in, we don't want it to wait until the
end of the budget year to find out that somehow, it was put into special
programs and account, or otherwise expended.
Mr. Odio: Well...
Mayor Suarez: And if this Commission is in a position, later on in the year
of course, of giving any kind of tax relief, I am sure that we will consider
that. And I would ask that formally, I don't think a motion is required
because I am sure you are inclined to grant that to me and to the rest of this
Commission.
Mr. Odio: No, I have no problem in doing that. It's just that Commissioner
Dawkins, on the other hand says that we want to start reserving up to five
point seven, so.
Mayor Suarez: Well, I don't know that that was ever made in to a form of a
motion. In fact, it was not.
Mr. Odio: OK. I don't want to...
j 146 September 26, 1991
Mayor Suarez: But a least, we are getting a quarterly or a monthly account of
where we are heading. And if in fact, we can recapture that five million
dollars that the unions have given up for their members, or otherwise have
monies available either for increasing salaries of field employees, certainly
we are not going to increase any salaries of higher level employees, or
otherwise that we would be ready to do that. And I would... I am not going to
make it in the form of a motion because I think you understand that I would
expect that from you. We have a motion and a second on the millage rate.
Vice Mayor Plummer: Wait, wait.
Mayor Suarez: Vice Mayor Plummer.
Vice Mayor Plummer: Mr. Mayor, before my vote, I merely want to state for the
record that the tax increase of what the citizens of this City will pay this
year over last is one point nine million dollars. If we look at just the two
departments alone, this year, the Police Department is getting six million
dollars more than they got last year. The Fire Department is getting two
million dollars more than they got last year. These, and we have been over
the budget, are justified expenses. It is unfortunate, like a light bill,
your telephone bill, every other bill has gone up, and that's unfortunate. It
is without a doubt, in my estimation, it would be nice, I would love to reduce
your taxes because it reduces mine, but to ask me to take a risk in the
average home of twelve cents a day, to say that there is the potential problem
that could come about, where that money not being received is just too big of
a risk for me to take.
Mayor Suarez: OK. We have a motion and a second. Any further discussion?
If not, please call the roll on the motion.
ON MOTION DULY MADE BY COMMISSIONER ALONSO AND SECONDED BY
COMMISSIONER DAWKINS, THE ABOVE MOTION FAILED BY THE FOLLOWING
VOTE:
AYES: Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
NOES: Commissioner Victor De Yurre
Vice Mayor J.L. Plummer, Jr.
Mayor Xavier L. Suarez
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: I can't take that risk, no.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: I'll entertain a motion to set the millage rate at the
recommended amount by the Manager, which is nine point five nine... what
Mano? - how many digits do I have to go to?
147 September 26, 1991
Mr. Surana: OK. Yes, for general fund, nine point five nine nine five, for
debt service two point three three oh eight.
Mayor Suarez: And the debt service as determined by fixed needs of the City
to serve its bond.
Mr. Odio: Yes.
Mayor Suarez: I'll entertain that motion.
Vice Mayor Plummer: Have no choice.
Mayor Suarez: Vice Mayor Plummer. Need a second on the motion so we can have
a budget for the City of Miami.
Commissioner Dawkins: De Yurre seconds.
Mayor Suarez: Commissioner De Yurre. Any further discussion on that? If
not, please call the roll.
The following motion was introduced by Vice Mayor Plummer, who moved its
adoption:
MOTION NO. 91-688
A MOTION SETTING THE CITY OF MIAMI TENTATIVE MILLAGE
RATE FOR FISCAL YEAR OCTOBER 1, 1991 TO SEPTEMBER 30,
1992 AT 9.5995 AND THE DEBT SERVICE RATE AT 2.3308
Upon being seconded by Commissioner De Yurre, the motion 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 Miriam Alonso
Commissioner Miller J. Dawkins
ABSENT: None.
148 September 26, 1991
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24. SECOND READING ORDINANCE: DEFINE AND DESIGNATE TERRITORIAL LIMITS FOR
CITY OF MIAMI FOR PURPOSE OF TAXATION, FIXING THE MILLAGE AND LEVYING
TAXES FOR FY OCTOBER 1, 1991 TO SEPTEMBER 30, 1992.
------------------------------------------------------------------------------
Mayor Suarez: The next item is... Mano?
Mr. Quinn Jones: We need to... Mr... I'm sorry.
Vice Mayor Plummer: What's the next item?
Mr. Jones: We need to read the ordinance.
Mayor Suarez: Please read the ordinance so we can declare the territorial
limits of the City and impose the millage rate accordingly.
Mr. Jones: But of course, it is.
Commissioner Alonso: Mr. Mayor...
Vice Mayor Plummer: What ordinance is it are your reading?
Commissioner Alonso: Mr. Mayor.
Vice Mayor Plummer: Which ordinance are you...?
Mayor Suarez: Wait, wait. I'm sorry. Vice Mayor, and then Commissioner
Alonso.
Vice Mayor Plummer: Well, Mr. Mayor, I've got other questions about the
budget.
Mr. Surana: No, this is the millage.
Mayor Suarez: OK.
Vice Mayor Plummer: So, let's just don't rush through this because there are
areas that I want to explore in this budget.
Commissioner Alonso: Yes.
Mayor Suarez: OK. Fine.
Mr. Jones: Mr. Vice Mayor, this is the ordinance.
Mayor Suarez: Is that on the...
Mr. Jones: Setting the millage.
Mayor Suarez: OK, but is that under item eight, Mr. City Attorney?
149 September 26, 1991
Mr. Jones: Yes, it is.
Mr. Surana: Yes.
Mayor Suarez: And that does not approve the budget at this point? - just the
millage?
Mr. Jones: No, it's separate ordinances.
Mayor Suarez: All right. I'll entertain a motion on the ordinance. Vice
Mayor, you want to move that? - anyone.
Vice Mayor Plummer: The ordinance is establishing what?
Mayor Suarez: Territorial limits on the millage.
Mr. Jones: Setting the millage.
Vice Mayor Plummer: We just made the motion.
Mr. Odio: But we have to read the ordinance.
Mayor Suarez: Just on... that was... we have to...
Vice Mayor Plummer: Read the ordinance.
Mr. Jones: The ordinance has to be read in its entirety.
Mayor Suarez: We need a motion on the ordinance.
Vice Mayor Plummer: Why prolong it?
Commissioner Alonso: Nine?
Mr. Jones: Number 8.
Mayor Suarez: We need a motion on the ordinance itself, not just the millage
rate.
Commissioner Alonso: Eight. OK.
Vice Mayor Plummer: So moved, sir.
Mayor Suarez: So moved.
Mr. Jones: OK.
Mayor Suarez: We need a second. Commissioner De Yurre, somebody.
Commissioner Dawkins: Second.
Mayor Suarez: Thank you. Read the ordinance.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
150 September 26, 1991
411k. AINK
Mayor Suarez: Sir. Would somebody, nice and gently ask the gentleman to do
his shouting outside. Thank you. Call the roll.
AN ORDINANCE -
AN ORDINANCE DEFINING AND DESIGNATING THE TERRITORIAL
LIMITS FOR THE CITY OF MIAMI FOR THE PURPOSE OF
TAXATION; FIXING THE MILLAGE AND LEVYING TAXES IN THE
CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 1991, AND ENDING SEPTEMBER 30, 1992;
CONTAINING A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of September 11,
1991, was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor Plummer, seconded by Commissioner Dawkins, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10919.
The City Attorney read the ordinance into the public record in its
entirety and announced that copies were available to the members of the City
Commission and to the public.
25. MAKE APPROPRIATIONS FOR CITY OF MIAMI FY OCTOBER 1, 1992 TO SEPTEMBER
30, 1992 BUDGET.
Mayor Suarez: On the budget, Vice Mayor Plummer asked to be heard on the...
Vice Mayor Plummer: Mr. Mayor, we are speaking now to item 9?
Mayor Suarez: Yes. Appropriations. Item 9.
Vice Mayor Plummer: All right. Mr. Mayor, I had made a very strong statement
here before that my vote for this budget would not be in any way an indicator
unless I were to be able to get at least fifty PSAs to go into
civilianization... I got it out. Mr. Mayor, I have spent a great deal of time
of going through the Police budget. I am convinced that the monies are not
there. I am also convinced that the Police Chief has made an effort at this
point, which is commendable. I have the assurances from the Police Chief that
as quickly as possible...
151 September 26, 1991
Mr. Odio: Where is the chief?
Mayor Suarez: Please, please, Mr. Manager.
Vice Mayor Plummer: ... he will go about the implementation of bringing about
policemen that are presently in the station to be replaced with civilians and
getting more policemen on the street. It is not what I wanted. I only can
put my faith in the Police Chief who I have told that, I would monitor, to
come about as quickly as possible, that the men that we hire to uphold the taw
will be put out to do just that. I will pull back on my statement of before,
with every assurances from the Police Chief, that he in fact, will work with
this Commission as quickly as possible to bring about what he wants, as well
as what we want. So I just wanted to make that on the record, that after a
thorough search of the budget, I had to concur with the Manager and the Police
Chief, that in fact, the monies just were not there to do what I wanted to try
to accomplish. And because of that, I will not be a negative vote in the
budget today.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Yes, Commissioner Dawkins.
Commissioner Dawkins: I'd like to go on record by stating, I admire Plummer
for telling us that he was playing, he knew the money wasn't there to start
with, I admire him for that. But I also have to tell all of you that when you
find some money, I am not so sure that I am going to vote for fifty PSA aides,
I am not so sure that I am going to vote for the forty-eight policemen who we
are short. I've said at the very outset of this budget hearing that the
Manager must come back to this Commission and tell us how much money he has
and how many bodies he can hire, and this Commission will decide what those
bodies are. I am not worried about what the Manager told the union that they
could decide who would be hired or who could not be hired, that is a lie - Who
will be deciding who hire and to fire people up here. And we will decide how
to take the money and spread it out, because as I said at the very beginning,
it's no good to have twenty policemen if I don't have three mechanics to work
on the police vehicles when they break down. It's no good for me to have six
firemen if I don't have somebody to service the fire vehicles. It's no good
to have twenty garbage collectors if we don't have the trucks to put the
garbage collectors on. So it's not a matter of sitting up here saying, we
want fifty PSA aides. This Commissioner will take the money to better serve
the needs of the community.
Vice Mayor Plummer: Commissioner, I couldn't agree with you more. And I have
the faith that the Manager will address it in form of priority. And I
think...
Commissioner Dawkins: And the Manager will bring them back to this
Commissioner for priority.
Vice Mayor Plummer: That was agreed upon.
Commissioner Dawkins: OK. All right.
152 September 26, 1991
A
Vice Mayor Plummer: All right?
Commissioner Dawkins: No problem.
Vice Mayor Plummer: And all I think, without going into it any further, we
know what the major problem in this City is.
Mayor Suarez: You want to make that into a motion of intent, or has that
already been done?
Vice Mayor Plummer: No, no motion necessary.
Mayor Suarez: OK. On the budget appropriations, item number 9, I'll
entertain a motion.
Vice Mayor Plummer: Mr. Mayor, I am going to move item 9, with the full
understanding that a budgeted, at best, is a projection and a guesstimate, and
reserve my right as you have asked for, to make adjustments on a quarterly
basis if in fact this Commission deems it necessary, I will move item 9.
Mayor Suarez: So moved. Second.
read the ordinance. Call the roll.
AN ORDINANCE -
Any further discussion? If not, please
AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 1992; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of September 11,
1991, was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor Plummer, seconded by Commissioner De Yurre, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10920.
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.
153 September 26, 1991
0 i 0
------------------------------------------------- ----------------------------
26. (A) SECOND PUBLIC HEARING ON DOWNTOWN DEVELOPMENT AUTHORITY BUDGET
AMEND PROPOSED APPROPRIATION FOR FY ENDING SEPTEMBER 30, 1992 -
EARMARK 10% OF BUDGET TO ADDRESS THE HOMELESS PROBLEM.
(B) SECOND READING ORDINANCE: DEFINE AND DESIGNATE TERRITORIAL
LIMITS FOR THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF
MIAMI - FIX MILLAGE AND LEVY TAXES FOR FY OCTOBER 1, 1991 TO
SEPTEMBER 30, 1992.
------------------------------------------------------------------------------
Mayor Suarez: Item 10 is the Downtown Development Authority millage rate.
Mr. Schwartz is here on behalf of the authority.
Vice Mayor Plummer: Move to defer.
Mayor Suarez: You need to do at least one month's, please.
Vice Mayor Plummer: Mr. Mayor.
Mayor Suarez: We've worked awfully hard on your recommendation. I think we
came back with a pledge that I made to you to have the appointments...
Vice Mayor Plummer: Mr. Mayor, you are the chairman of the DDA (Downtown
Development Authority).
Mayor Suarez: Yes, sir.
Vice Mayor Plummer: I have made my thoughts known what I feel are very very
clear. I think that the DDA in their grand gesture of seventy-five thousand
dollars ($75,000) loan is about five percent of their total budget.
Mayor Suarez: May I report back on that issue?
Vice Mayor Plummer: Sure.
Mayor Suarez: Before you launch into a discourse on it, that we have agreed
that the understanding is, the money would not be paid from the current fiscal
! year. And... so if you can hold back your arguments until the end of this
fiscal year, then the DDA will engage in those negotiations with you.
Vice Mayor Plummer: Mr. Mayor, my...
Mayor Suarez: Just so that we have some things left over to argue about next
year, you know.
Vice Mayor Plummer: My comments, sir, are not in relation to the loan.
Mayor Suarez: OK. I'm sorry. All right.
Vice Mayor Plummer: My comments are in relation to that the loan was only
five percent of their total budget.
154 September 26, 1991
Mayor Suarez: It's not a huge amount.
Vice Mayor Plummer: My concern should be I feel, the concern of the DDA, that
the most important pressing problem, and one of the reasons that we are
losing, hand over foot, businesses in the downtown area...
Mayor Suarez: By the way, you have made converts on the DDA board. The idea
that DDA should spend this kind of money on this kind of a project, you know,
was endorsed by quite a few people.
Vice Mayor Plummer: Well, Mr. Mayor what I was going to say is, my faith in
you that as the chairman of that board, I think a great deal more of that
money should go to address the problem, which I say is the priority problem of
downtown.
Mayor Suarez: Number one priority.
Vice Mayor Plummer: Not five percent. I could envision, without any
hesitation...
Mayor Suarez: May I ask the City Attorney on that? Joe, would you get all of
us an opinion on if there is any legal problems, either in principle or
technically with that sort of expenditure on a non return basis by the City?
Not a loan, but an actual direct expenditure by the DDA for that purpose.
Joel Maxwell, Esq.: On the homeless, sir?
Mayor Suarez: Yes.
Mr. Maxwell: You'd like... I could give you an opinion right now if you'd
like, sir. There is no problem with that at all.
Mayor Suarez: Very good. Thank you.
Vice Mayor Plummer: So all I am saying is, through your leadership, Mr.
Mayor, I am going to expect that the DDA is going to readjust its budget, and
they are not going to worry about sidewalks and trees. They don't offend
people.
Mayor Suarez: I'll tell them flat out that this Commission... if this
Commission's desire is to build that into the motion and to pass it flat out,
don't count on seventy-five thousand dollars for next year's budget because we
expect this kind of an involvement in the issue of the homeless on a yearly
basis, maybe, more.
Vice Mayor Plummer: Am I out of line of a suggestion that says, at least
thirty percent of the budget go to address that problem?
Commissioner Dawkins: Yes, you are.
Vice Mayor Plummer: All right. What do you say?
Mayor Suarez: Thirty percent of the budget?
155 September 26, 1991
Vice Mayor Plummer: Their budget.
Mayor Suarez: Of the ODA budget?
Vice Mayor Plummer: Yes.
Mayor Suarez: Thirty percent of one some... point some million?
Vice Mayor Plummer: One point five.
Mayor Suarez: Well, Commissioner, that four hundred -and -fifty thousand
dollars.
Vice Mayor Plummer: Give me a realistic number.
Mayor Suarez: Well, we could start with seventy-five thousand this year and
then as the Commission deems appropriate to make recommendations in future
years.
Vice Mayor Plummer: All right. How about if I make a motion that ten percent
of their budget, of this coming budget must go to address the homeless problem
in downtown? Is that out of line?
Mayor Suarez: No.
Vice Mayor Plummer: Dawkins?
Mayor Suarez: So moved.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Any discussion on that? If not, please call the roll.
The following motion was introduced by Vice Mayor Plummer, who. moved its
adoption:
MOTION NO. 91-689
A MOTION DIRECTING THE DOWNTOWN DEVELOPMENT AUTHORITY
TO EXPEND 10% OF ITS BUDGET ON THE HOMELESS ISSUE;
FURTHER CLARIFYING COMMISSION WOULD RETAIN FINAL
APPROVAL AS TO DISBURSEMENT OF SAID FUNDS.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
i Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
i
Vice Mayor J. L. Plummer, Jr.
NOES: Mayor Xavier L. Suarez
ABSENT: None.
156 September 26, 1991
Adh
COMMENTS MADE DURING THE ROLL CALL:
Commissioner Dawkins: Is that in addition to what we get from the State of
Florida, or do we... or what?
Vice Mayor Plummer: Sir, that would come from their taxing ability of one
point five million total gross. They would have to spend next year, a
hundred -and -fifty thousand dollars ($150,000) addressing the homeless problem
from their budget. And I have no problem with that. I mean...
Commissioner Dawkins: All right, a hundred and fifty and then you get
whatever... what do we get from the State?
Vice Mayor Plummer: Anything that we get from the State is over and on top of
that, sir.
Mayor Suarez: Ten percent. I'm going to vote no, although I understand the
thrust of what you are doing and I am going to take it to heart and take it
back to the DDA board. This passed in any event, so I guess...
COMMENTS MADE FOLLOWING ROLL CALL:
Vice Mayor Plummer: And now I've got to have the faith in you as chairman,
and you voted against it, right?
Mayor Suarez: But you asked me to convey the message of this Commission, not
necessarily my own feelings.
Vice Mayor Plummer: All right, sir.
understand that, Mr. Schwartz?
Mr. Schwartz: Yes, I do.
It is now a Commission policy, you
Vice Mayor Plummer: All right, sir. I'll move the DDA budget.
Mayor Suarez: Thank you. So moved.
Mr. Maxwell: Mr. Mayor.
Commissioner Dawkins: Under discussion.
Mayor Suarez: Yes, what is in order, Commissioner Dawkins if I may?
Commissioner Dawkins: OK, you moved it?
Vice Mayor Plummer: I'll move it.
Mr. Maxwell: Mr. Mayor.
Commissioner Dawkins: I second it for discussion.
Mayor Suarez: Yes.
157 September 26, 1991
Mr. Maxwell: By law, you have to address the millage issue first.
Mayor Suarez: The millage is what he means. I understand the motion to be as
to the millage first.
Vice Mayor Plummer: Point five?
Mayor Suarez: Right.
Mr. Maxwell: Millage, correct. Not budget, millage. You address the budget
next.
Mayor Suarez: Can we vote on the millage real quick?
Vice Mayor Plummer: Now, that's by State statute.
Mayor Suarez: All right, we have a motion and a second on the millage. Would
you read the ordinance, please.
Mr. Maxwell: This one has to be read in its entirety also, Mr. Mayor.
Vice Mayor Plummer: And this takes forever.
Mayor Suarez: I'll be inclined to vote for whatever City Attorney comes up
with a way that we don't have to read these doggone things in the future. And
I mean it.
Mr. Maxwell: State law.
Mayor Suarez: Go ahead.
AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD, IN ITS ENTIRETY.
Mayor Suarez: Call the roll.
Vice Mayor Plummer: Mr. Mayor, may I suggest to anyone here that is here for
zoning items, go home. We will never get to them tonight.
Mayor Suarez: I think Mr. Bercow is going to try our patience toward the end
of the agenda, and see if we can't approve I think, summarily something or
other.
Mr. Jeff Bercow: We've got a settlement that has been agreed to - just
dispose of, in one minute.
Mayor Suarez: You've got a settlement.
Vice Mayor Plummer: OK. All right.
Mayor Suarez: The least we can do is let him wait until nine, if he wants to
wait, although, you know, as the Vice Mayor stated, it could be tight. Call
the roll.
158 September 26, 1991
AN ORDINANCE -
AN ORDINANCE WITH ATTACHMENT, RELATED TO TAXATION,
DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF THE
DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI,
FLORIDA; FIXING THE MILLAGE AND LEVYING TAXES IN SAID
DOWNTOWN DEVELOPMENT DISTRICT FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 1991 AND ENDING SEPTEMBER 30,
1992, AT FIVE -TENTHS (.5) MILLS ON THE DOLLAR OF THE
NONEXEMPT ASSESSED VALUE OF ALL REAL AND PERSONAL
PROPERTY IN SAID DISTRICT; PROVIDING THAT SAID MILLAGE
AND THE TAXES LEVIED HEREIN SHALL �E IN ADDITION TO
THE FIXING OF THE MILLAGE AND THE LEVYING OF TAXES
WITHIN THE TERRITORIAL LIMITS OF ThE CITY OF MIAMI AS
REFLECTED IN THE CITY'S MILLAGE-LEVY ORDINANCE FOR THE
AFORESAID FISCAL YEAR WHICH IS FEQUIRED BY CITY
CHARTER SECTION 27; PROVIDING THAT 'HE FIXING OF THE
MILLAGE AND LEVYING OF TAXES HEREIN SHALL BE IN
ADDITION TO SPECIAL ASSESSMENTS; PROVIDING THAT THIS
ORDINANCE SHALL NOT BE DEEMED AS REPEALING OR AMENDING
ANY OTHER ORDINANCE FIXING MILLAGE OR LEVYING TAXES
BUT SHALL BE DEEMED SUPPLEMENTAL AND IN ADDITION
THERETO; CONTAINING A REPEALER PROVISION, SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of September 11,
1991, was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor Plummer, seconded by Commissioner Dawkins, the Ordinance
was thereupon given its second and final reading by title and passed and
—' adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
j
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10921.
The City Attorney read the ordinance in its entirety into the public
record and announced that copies were available to the members of the City
Commission and to the public.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: We're voting for the mili.-ge?
Ms. Matty Hirai: Yes, sir. For DDA.
159 September 26, 1991
40 0
27. SECOND READING ORDINANCE: MAKE APPROPRIATIONS FROM DOWNTOWN DEVELOPMENT
DISTRICT AD VALOREM TAX LEVY FOR THE DOWNTOWN DEVELOPMENT AUTHORITY FOR
FY ENDING SEPTEMBER 30, 1992 - EARMARK 10% OF APPROPRIATIONS TO ADDRESS
THE HOMELESS PROBLEM.
------------------------------------------------------------------------------
Mayor Suarez: You have a motion, Mr. Commissioner Plummer, you were making
before... Vice Mayor, on the budget minus ten percent to be allocated for
tissues related to the homeless?
Vice Mayor Plummer: Yes, sir. With that amendment, I move item 11.
Mayor Suarez: So moved.
Commissioner Dawkins: I second it. Under discussion.
Mayor Suarez: Second. Commissioner Dawkins.
Commissioner Dawkins: Mr. Schwartz, the Mayor is aware of this and I am going
to make you aware of it, OK? For ten years I have sat here and argued about
Off -Street Parking, affirmative action, and you've done nothing about it. OK?
Finally, when you did take somebody...
Vice Mayor Plummer: Excuse me, Miller...
Commissioner Dawkins: ...then you turn around and now they were hired for
nine months.
Vice Mayor Plummer: Excuse me, Miller, we're on DDA.
Commissioner Dawkins: Huh?
Vice Mayor Plummer: We're on DDA.
Commissioner Dawkins: That's what I'm talking about, DDA.
Vice Mayor Plummer: Oh, I'm sorry. I'm sorry. 1 apologize.
Commissioner Dawkins: OK, no problem. Now, I assure you that next year when
your budget come up, if your affirmative action track record is no better than
it is this time... You see, look over there at the Off -Street Parking. Do you
see one black in that? Look behind you. You don't see no black person from
the Off -Street Parking. I've been arguing with them for 12 years. But I'm
going to have to go to the voters on them. I can't... We can control you
through the Mayor. So I would hope that you would have a better track record
next year. Thank you.
Mayor Suarez: OK, on the motion, do we have a second?
Commissioner Dawkins: Yes, I seconded it.
160 September 26, 1991
Mayor Suarez: Thank you. Any discussion? If not, please call the roll.
Joel Maxwell, Esq.: Ordinance, sir.
Mayor Suarez: Ordinance. Not one of those that you have to read the whole...
Mr. Maxwell: No, sir.
Mayor Suarez: Thank you. Call the roll, please.
AN ORDINANCE -
AN ORDINANCE MAKING APPROPRIATIONS FROM THE DOWNTOWN
DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER
MISCELLANEOUS INCOME FOR THE DOWNTOWN DEVELOPMENT
AUTHORITY OF THE CITY OF MIAMI, FLORIDA, FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 1992; AUTHORIZING THE
EXECUTIVE DIRECTOR OF THE DOWNTOWN DEVELOPMENT
AUTHORITY TO INVITE OR ADVERTISE REQUIRED BIDS;
PROVIDING BUDGETARY FLEXIBILITY; PROVIDING THAT THIS
ORDINANCE BE DEEMED SUPPLEMENTAL AND IN ADDITION TO
THE ORDINANCE MAKING APPROPRIATION FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 1992, FOR THE OPERATIONS OF THE
CITY OF MIAMI; CONTAINING A REPEALER PROVISION,
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
Passed on its first reading by title at the meeting of September 11,
1991, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Dawkins, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner 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. 10922.
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: Mr. Schwartz, I want to clarify something that was told to me
by Commissioner Dawkins. I think it was understood that as to the 10 percent
to be retained for the homeless, I think it was the intention of the mover
that before that money is spent, this Commission should approve it.
161 September 26, 1991
Vice Mayor Plummer: Absolutely.
Mr. Schwartz: To come back with a budget on how the money should be...
Mayor Suarez: Please.
Vice Mayor Plummer: Absolutely.
Mayor Suarez: Second reading, appropriations Downtown Development Authority.
Commissioner Alonso: Yes, may I make just...
Mayor Suarez: Yes, Commissioner Alonso.
Commissioner Alonso: Yes, may I make a comment now that Commissioner Dawkins
make a remark about the affirmative action. It's not surprise to me when it
happens in the City of Miami that in the... our average, between February to
July of estimates of all bids awarded in the City of Miami - equipment, goods,
services, all vendors, all locations - 2.6 percent only went to blacks.
Eleven point six went to Hispanics, 7.2 went to females, and 78.6 nonminority
vendors. Our record, it's frightening. Look at the numbers of who lives in
Miami.
Mayor Suarez: That was a particularly bad period of time. I do want to point
out that it was a small total amount of money. So I would guess that those
were particularly bad bids in terms of minority participation. I know the
next one after that is going to reflect a huge percentage, because I remember
approving quite a few at the July and August meetings. But that's a point
well taken.
28. AUTHORIZE TRANSFER OF $350,000 TO THE DOWNTOWN DEVELOPMENT AUTHORITY FROM
GENERAL FUND AS ADVANCE PAYMENT OF AD VALOREM TAXES TO BE RECEIVED BY THE
CITY FROM METRO-DADE COUNTY ON BEHALF OF THE DDA.
Mayor Suarez: On item 12, we need a motion on the resolution to transfer
funds. It's a loan to Downtown Development Authority as in every other year.
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Dawkins: Second.
Mayor Suarez: With interest to the City. Seconded. Any discussion? If not,
please call the roll.
Vice Mayor Plummer: Why are we letting them off at 6 percent?
162 September 26, 1991
0
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-690
A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS IN THE
AMOUNT OF THREE HUNDRED FIFTY THOUSAND DOLLARS
($350,000) TO THE DOWNTOWN DEVELOPMENT AUTHORITY FROM
THE GENERAL FUND AS AN ADVANCE PAYMENT OF AD VALOREM
TAXES TO BE REPAID OUT OF AD VALOREM TAXES TO BE
RECEIVED FROM METRO-DADE COUNTY BY THE CITY OF MIAMI
ON BEHALF OF THE DOWNTOWN DEVELOPMENT AUTHORITY BEFORE
THE END OF THE 1991-1992 FISCAL YEAR, WITH INTEREST TO
BE PAID TO THE CITY OF MIAMI AT THE RATE OF SIX
PERCENT (6%) PER ANNUM.
(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.
Mr. Schwartz: Thank you.
29. (A) APPROVE ALLOCATION OF ONE -TWELFTH OF ANNUAL BUDGET OF THE
DEPARTMENT OF OFF-STREET PARKING FOR FY ENDING SEPTEMBER 30,
1992 (OCTOBER 1 - NOVEMBER 30, 1991).
(B) COMMISSIONER ALONSO MAKES THE OBSERVATION THAT THE OFF-STREET
PARKING BOARD DOES NOT WELCOME HAVING A COMMISSIONER ON THE
BOARD.
------------------------------------------------------------------------------
Mayor Suarez: On the Off -Street Parking Authority. Item 13, Commissioner
Alonso.
Commissioner Alonso: Well, do you want to finish with these and then we take
the resolutions that I have?
Mayor Suarez: That will be fine.
Commissioner Alonso: OK, fine.
163 September 26, 1991
A
Mayor Suarez: As long as we called them and Jack stepped up and then we'll go
back to that. Jack, you know, I've got a few questions. You're not
proposing... of course you're the outgoing executive director, you're not
really proposing anything, but it is not being proposed that the salary of the
new executive director be $93,000 realistically? -is it?
Mr. Jack Mulvena: No, as a matter of fact, I think that the new salary, since
I'll be outgoing at the end of this fiscal year, will be in the eighty
thousand category.
Mayor Suarez: OK, and there are two aides or assistants that are also in that
range. Who are those?
Mr. Mulvena: Well, one is going to retire shortly. Matter of fact, that
probably will become a $50,000 item because Art...
Mayor Suarez: That's music to my ears. OK.
Mr. Mulvena: ...Art is retiring.
Mayor Suarez: Who is that person that's expected to retire?
Mr. Mulvena: Art Braun. He's been with both the City - I think J. L. may
even remember him...
Mayor Suarez: OK.
Mr. Mulvena: ...with our department for over 30 years.
Mayor Suarez: And who is the other?
Mr. Mulvena: The other member is the deputy executive director, Karen Wilson,
who's here tonight. And she will re...
Commissioner Dawkins: Who's the deputy what?
Mr. Mulvena: Karen Wilson. She's the...
Mayor Suarez: The dep... what's the title?
Commissioner Dawkins: The deputy got... they didn't...
Mr. Mulvena: Deputy executive director.
Commissioner Dawkins: That's all right, I'll wait. I'll wait.
Mr. Mulvena: She's been the deputy executive director for about a year and -a -
half now.
Commissioner Dawkins: You know what, Mr. Mayor?
Mayor Suarez: Commissioner Dawkins.
164 September 26, 1991
Commissioner Dawkins: I move that this Off -Street Parking budget be deferred
until the next meeting. Because I have problems with this whole department.
Mayor Suarez: I think we're going to want to go into specifics, all of us,
and the proper thing...
Commissioner Dawkins: I got a problem with it.
Mayor Suarez: Yes, the proper thing may be to.... we have to approve, I
think, at least one month's budget. Is that OK, Commissioners?-1/12th of the
budget?
Commissioner Dawkins: Yes, 1/12th. I move that we give them 1/12th...
Mayor Suarez: It's going to give you plenty of opportunity to get your...
Mr. Mulvena: Two -sixths?
Commissioner Dawkins: No, no, I don't event want to approve the 1/12th,
because I'm not satisfied with the $80,000.
Mayor Suarez: It's just that we have to approve 1/12th, otherwise it can't
function. We want to make it 1/24th, that's only two weeks, and we don't want
to do that. Be back here in two weeks again.
Commissioner Dawkins: Yes, but...
Commissioner Alonso: Why not?
Commissioner Dawkins: OK, no...
Commissioner Alonso: Why not?
Mayor Suarez: We could take them up on the twenty... when is the next
meeting? -October 3rd. Madam...
Commissioner Dawkins: Give them 1/12th. That'll be all right.
Mayor Suarez: I think that's being under -the -gun. It's about as severe as
we've ever done here, and with the new administration, I see him back there
squirming a little bit. You're going to have a lot to prove to this
Commission. I've put on the record my particular concerns. I'm frankly a
little miffed that my office was called to find out what those were. They're
in the record, the last Commission meeting, and I would appreciate it if you
would go back to that record and the City Clerk will make those remarks
available as to my concerns with the Off -Street Parking budget, and have
answers. And not call my office and say, "What was it the Mayor was concerned
about?" It's in the record.
Mr. Mulvena: Yes. Well, we have the answers to those, but it's at your
pleasure, Mayor.
Mayor Suarez: OK, we have a motion to approve 1/12th of the budget. Is that
in order, Madam City Attorney?
165 September 26, 1991
Miriam Maer, Esq.: Yes, it is.
Mayor Suarez: So moved. Seconded by Commissioner Alonso who kind of squirmed
a little bit, that's close enough. No?
Commissioner Alonso: Well, I second for...
Mayor Suarez: For 1I12th, thank you. Any discussion? If not, please call
the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-691
_ A RESOLUTION, WITH ATTACHMENT(S), APPROVING AND
ADOPTING THE ANNUAL BUDGET OF THE DEPARTMENT OF OFF-
STREET PARKING FOR ONE -TWELFTH (OCTOBER 1, 1991 TO
OCTOBER 31, 1991) OF THE FISCAL YEAR ENDING SEPTEMBER
30, 1992.
(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
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Miriam Alonso
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Alonso: Well, I'm going to vote no. And the reason is that they
don't even want one of us to be represented in their board. Do you remember
that when I made the motion it was approved by this Commission, it was going
to be decided by the voters. And very diligently, they took it off the
ballot. So I don't see why I should support a budget of an organization that
do not respect the citizens of Miami as to give it the opportunity to make a
decision. I think it was very unfair not to give the voters, the citizens of
Miami, an opportunity of saying, yes or no. They feel they are above this
Commission. They feel they are above the citizens of Miami. Therefore, I
vote no. Commissioner...
Commissioner Dawkins: I hate... under discussion, I have to say...
Mayor Suarez: May we interrupt the roll call, because Commissioners have more
remarks.
166 September 26, 1991
Ms. Hirai: Commissioner Dawkins.
Mayor Suarez: We're going to interrupt the roll call, please, Madam City
Clerk, so they can...
Ms. Hirai: Oh, I'm sorry.
Commissioner Dawkins: You know, it's very refreshing to hear those remarks
from Commissioner Alonso. Mayor Suarez and Plummer and I attempted to go to
the voters to change the whole Off -Street Parking Board. But they opposed it,
and I had Mr. Kosnitzky tell me that he was going to destroy the City of Miami
before we let him destroy the board. Now that's in the record, all right?
Mayor Suarez: Please, in the back, officer. Close that door back there,
please.
Commissioner Dawkins: I couldn't agree with you more, but I will have to vote
for the 1/12th because I don't want the agency to go out of busin�:ss. I
respect you for not voting for it, but if we, the Commission of the City of
Miami, does not get a handle on Off -Street Parking, it will no longer belong
to the City of Miami...
Commissioner Alonso: That's right.
Commissioner Dawkins: It will belong to the downtown power structure, Mr.
Mayor, and Miller Dawkins say we will lose it. So I vote for the 1/12th until
we can discuss this at the next meeting. Yes.
Mayor Suarez: Yes. Let me add my two bits on that. Clark, what's happening
is that the Off -Street Parking Authority does not have a Commissioner sitting
on it as some of the other boards and authorities, which aggravates the
problem that, at least in the case of the DDA, we have tried to solve by
having individual Commissioners be invited, hosting and chairing and being
recognized for their help of the Downtown Development Authority. Nothing like
that has ever taken place on the Off -Street Parking Authority. We don't have
a member on there that can take messages back and forth from this Commission,
as you saw and heard delivered to the Downtown Development Authority, which I
head under, I think, State Charter, I'm not sure, under state law. And what I
suggest, frankly, is that you get the entire board membership to be here when
this item is taken up, you know, one month, Jack, maybe you could relay that
back or Clark, however you want to do it. I don't remember, I think, other
than Dr. Padron and Willy here for other purposes, you know, them ever being
here, I think, en masse. I think all of them should be here. We'll try to
have a special setting for that budget, and have them...
COMMENTS MADE FOLLOWING ROLL CALL:
Vice Mayor Plummer: What? A special meeting?
Mayor Suarez: Special setting, just the time.
Vice Mayor Plummer: Oh.
167 September 26, 1991
Mayor Suarez: Special time setting for that meeting. And have them here. The
frustration...
Mr. Mulvena: I think they'd welcome that opportunity, Mayor, I really do.
Commissioner Dawkins: I don't care if they don't.
Vice Mayor Plummer: Why do you think Mulvena is leaving?
Mayor Suarez: I love your choice of words, Jack. Ever the diplomat as he
goes out. Welcome.
Commissioner Dawkins: Mr. Mayor, I have to say to Mr. Cook. This is no
reflection on him...
Mayor Suarez: Yes.
Commissioner Dawkins: He that was not in the Off -Street Parking when I
started arguing with them. I will not hold it against anything that I'm
saying or doing. I will not hold it against him. Because they did do that I
demanded was find somebody with no experience. See, I kept telling them you
didn't need a Ph.D. in Off -Street Parking to run Off -Street Parking. And they
finally heard us. But I still got a problem.
Mayor Suarez: Thank you. All right, Commissioners, as to item 14.
Commissioner De Yurre: You know, Mr. Mayor, if I recall, a couple of years
ago, didn't we come to some kind of understanding with the Off -Street Parking
that even though it wasn't by law, but that they would be more than happy to
welcome one of the Commission members to sit with them?
Mayor Suarez: I think...
Commissioner De Yurre: What?
Mayor Suarez: ...the answer we got - I don't know if it was formal or informal
or in the media - is that they weren't too excited about that. Do you
remember, Jack?
Mr. Mulvena: Well, actually they did formally extend an invitation for you to
send one or as many, but at least one Commissioner, to all of the board
meetings.
Mayor Suarez: To be like a liaison, but we're...
Mr. Mulvena: Yes.
Mayor Suarez: We were proposing at the time that the board give voting power,
I think.
Mr. Mulvena: A voting member. Which I don't think they can do again. Even
they can't go against the charter.
Mayor Suarez: Right.
168 September 26, 1991
6
Commissioner De Yurre: No, they can't do that, but at least I know there was
an offer.
Mr. Mulvena: But yes.... And I think that offer still stands. I mean, it's
the same...
Vice Mayor Plummer: They forgot to tell us where they were meeting and what
time.
Mr. Mulvena: Well, they do meet pretty early in the morning, that's...
Mayor Suarez: I don't know how you can accomplish it as a new executive
director, but you better figure out a way to get each one of us over there. I
think I'll take a pass on mine. I want explanations to specific questions
here. But I think...
Commissioner Dawkins: No, I want them here, I'm not going over there.
Mayor Suarez: Yes...
Vice Mayor Plummer: Mr. Mayor, I hope you're saving time for me to filibuster
the Sports Authority.
Mayor Suarez: I'm saving...
Commissioner Dawkins: Oh, we're going to defer that.
Vice Mayor Plummer: Oh.
Mayor Suarez: Why should I ever want to save time for you to filibuster
anything? You're going to do it anyhow. So...
30. (A) APPROVE ANNUAL BUDGET OF DEPARTMENT OF OFF-STREET PARKING FOR FY
OCTOBER 1, 1991 TO SEPTEMBER 30, 1992 - TO PROVIDE FOR OPERATION
OF THE GUSMAN CENTER FOR THE PERFORMING ARTS AND THE OLYMPIA
BUILDING.
(B) DIRECT ADMINISTRATION TO AGGRESSIVELY EXPLORE THE FEASIBILITY OF
SELLING THE GUSMAN CENTER, AND TO RESEARCH ITS DONATION TO THE
CITY.
------------------------------------------------------------------------------
Mayor Suarez: All right, on the item in hand. Which is the item?
Commissioner Dawkins: Fourteen.
Mayor Suarez: Have we got anything left on you?
Mr. Jack Mulvena: Fourteen.
Commissioner Alonso: Fourteen.
169 September 26, 1991
Mayor Suarez: Fourteen.
Vice Mayor Plummer: On 14, 1 have to ask a question.
Mayor Suarez: The annual budget.
Vice Mayor Plummer: What was the total revenues of that operation last year?
Mr. Mulvena: Total revenues from both the Performing Arts Center and the...
Vice Mayor Plummer: Whatever this item is here. I'm assuming it's both the
building and the Gusman Hall. Is that correct?
Mr. Mulvena: The item you have before you is the projected budget, one
million, seven, eight.
Commissioner Dawkins: Yes.
Vice Mayor Plummer: What were the revenues of last year for this projected
budget?
Commissioner Dawkins: Defer that one too, J.L.
Vice Mayor Plumper: I can't.
Mr. Mulvena: The only reason I'm hesitating, J.L., is that, you know, we
don't have all of the proceeds in. It's an enterprise fund from this year.
Vice Mayor Plummer: Well, how much subsidy is being required of the City?
Mr. Mulvena: Generally we're running about a $200,000 - give or take -
subsidy. OK, so we're not meeting the nut by about $200,000. But you have to
keep in mind most of that $200,000 is because the building is all but empty.
Mayor Suarez: How does that compare to prior years?
Mr. Mulvena: It's growing higher as the tenancy leaves. You know, there was
a time when it broke even.
Mayor Suarez: Now, when it's improved, do we expect that it will... isn't it
in the process of being fixed up, or we haven't approved that yet?
Mr. Mulvena: No, it was in your capital... a portion of it, it was in your
capital improvement budget to do so, but there was some movement towards
having your offices centralized at the Dupont Building. So it's on hold at
this point.
Vice Mayor Plummer: Mr. Mayor...
Mayor Suarez: It's on hold.
Vice Mayor Plummer: Mr. Mayor, I think that we ought to seriously consider
iving it back to the Gusman family. I mean, why should we continue to pay
200,000 a year?
1
170 September 26, 1991
I
I
s
Mayor Suarez: I broached that possibility with Les Pantin before he died...
Vice Mayor Plummer: We know the provision. The provision is that if... I
just...
Mayor Suarez: ...that the trust would receive back the entire facility...
Vice Mayor Plummer: You know, this town, in my estimation...
Mayor Suarez: ...and agree to operate it at their own...
Vice Mayor Plummer: ...is over-facilitized. We've got the amphitheater,
we've got the arena, we got the civic....
Mayor Suarez: But you can't just give it back to the donors, because the
donors may not be in a position to accept it back. So you...
Vice Mayor Plummer: No, they want it back is my understanding.
Commissioner Alonso: That's my understanding, they want it back. Yes.
Mayor Suarez: If they do, that would be something that I think we ought to...
Vice Mayor Plummer: Well, as far as I'm concerned, because I want to get to
the one other point. And whether we...
Mayor Suarez: If they do want it back, then you get the advantage of... well,
the obvious advantage of not having the operating loss, and of people who have
an emotional stake in it and so on, you know, wanting to raise funds from the
private sector to operate it.
Vice Mayor Plummer: Hey, if the private sector wants to raise the money,
fine. But I think the time has come where we've got to say, enough is enough.
Mayor Suarez: But just please don't, let's not be silly and propose giving it
back unless we've talked to the donors and know that they've made a commitment
to take it back and to run it properly. Because, otherwise, it's just an
embarrassment all around.
_ Vice Mayor Plummer: Well, let me put it to you this way. My vote on this
budget here today is with that discussion entering immediately.
Mr. Mulvena: I think we can initiate that, if you'd like, J.L.
Vice Mayor Plummer: That's fine, because I'm just...
Mr. Mulvena: To see where they stand on it. We haven't done that.
Vice Mayor Plummer: All right, now, I'll move item 14 assuming that the
discussion will take place immediately with the owners to try to alleviate
this $200,000 loss out of the budget of the City of Miami. I so move.
171 September 26, 1991
11
Mayor Suarez: So moved. Somebody please second as to the Gusman Olympia
budget.
Commissioner Dawkins: He seconds, he seconds.
Mayor Suarez: Seconds, that's close enough.
positive manner. Call the roll.
He's moving his fingers in a
Vice Mayor Plummer: Will somebody translate this for me?
Mayor Suarez: No, please do not. Call the roll real quick.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-692
A RESOLUTION, WITH ATTACHMENT(S), APPROVING AND
ADOPTING THE ANNUAL BUDGET OF THE DEPARTMENT OF OFF-
STREET PARKING FOR THE FISCAL YEAR COMMENCING OCTOBER
1, 1991 AND ENDING SEPTEMBER 30, 1992 IN THE AMOUNT OF
$1,078,016, EXCLUDING DEPRECIATION, TO PROVIDE FOR THE
OPERATION OF GUSMAN CENTER FOR THE PERFORMING ARTS AND
THE OLYMPIA BUILDING.
(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
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Miriam Alonso
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: Now, I want to ask another question...
Mayor Suarez: I just want to say that Commissioner Alonso was supposed to
help reform the boys here, but, obviously...
Vice Mayor Plummer: I want to ask another question before...
Mayor Suarez: Yes, I'll vote yes.
COMMENTS MADE FOLLOWING ROLL CALL:
172 September 26, 1991
Vice Mayor Plummer: Mr. Mulvena, the parking garage on 2nd Street, 1st Street
and 2nd Avenue. How much subsidy is it requiring this year?
Commissioner Dawkins: Same thing they had last year.
Mr. Mulvena: I think... Carlos could more specifically answer that. But in
the ball park of about $600,000.
Vice Mayor Plummer: Six hundred thousand doiiars.
Mr. Mulvena: Yes, and that's primarily for debt service, because it does make
the operating cost.
Vice Mayor Plummer: I don't give a damn what it's for, it's $600,000. Have
we made every effort to sell that structure?
Mr. Mulvena: Well, on your behalf, because the...
Mayor Suarez: Building belongs to us.
_ Mr. Mulvena: ...City Manager has had us become your official agent. We've
probably talked to at least 24 firms very seriously, and their dollars weren't
serious enough. There is a firm we're talking to now, J.L., that I'd like to
maybe share with you confidentially, because they are not willing to be
identified yet...
Mayor Suarez: That's probably a good idea.
Mr. Mulvena: ...but who might be very interested.
Mayor Suarez: But when you share it confidentially, share it with all of us
confidentially.
Vice Mayor Plummer: Of course.
Mr. Mulvena: I'd be very happy to....
Commissioner Alonso: We promise not to say it.
Commissioner Dawkins: See, and I hope you are aggressively seeking to sell it
and not aggressively to give it away.
Mr. Mulvena: Well, that's why we didn't...
Commissioner Dawkins: OK, all right...
Mr. Mulvena: ...respond to the earlier 24....
Vice Mayor Plummer: Well, give me an idea. Over debt service, how much is it
out? I mean, what is that building got to be offered for for sale?
Mr. Mulvena: Well, I really think you...
Vice Mayor Plummer: What were you asking?
173 September 26, 1991
Mayor Suarez: What would you accept right now if somebody offered it?
Mr. Mulvena: Somebody offer it?
Mayor Suarez: Your recommendation on your way out.
Mr. Mulvena: On my way out, without even a feasibility or assessment or
anything, I'd say about $60000,000. Six million, hard cash.
Mayor Suarez: The world should know that. If somebody wants to pay six...
Vice Mayor Plummer: So, but the subsidy...
Mr. Mulvena: With the proviso that it would remain open for public parking.
Vice Mayor Plummer: The subsidy is $600,000 over revenue.
Mayor Suarez: That's real cute. You know what you're doing is, you're doing
a reverse discount rate. You're losing 10 percent of that amiount a year, and
you want somebody to pay as if you were making ten percent. That's...
Vice Mayor Plummer: It's crazy.
Mayor Suarez: That's cute. All right.
Mr. Mulvena: I might be the one who buys it.
Vice Mayor Plummer: No, no, no. You know, if...
Mayor Suarez: But that's a safe figure to give us. See, that way nobody can
say you underbid, I mean, you under valued it...
Vice Mayor Plummer: But, wait a minute, Mr. Mayor...
Mayor Suarez: ...on your way out.
Vice Mayor Plummer: Mr. Mayor, would we as a Commission...
Mayor Suarez: I would do the same thing. It's something in the Bible about
that, for a servant that's on his way out, you know.
Vice Mayor Plummer: Oh, no, no, please, don't bring out the Bible this late
at night. Enough.
Mayor Suarez: All right. Well, if you promise not to bring anything else up.
Vice Mayor Plummer: Well, let me ask this question. Should we seriously
consider closing it?
Mr. Mulvena: Oh, no, I wouldn't advise that.
Mayor Suarez: That would lose us more money.
174 September 26, 1991
Mr. Mulvena: Yes, you'r.: actually... see, that garage primarily services your
employees as part of the administration building.
Commissioner Dawkins: Could we use it for the homeless?
Mr. Mulvena: Actually, garages aren't good for that, because all...
Commissioner Dawkins: How do you know? I mean if they're under the
expressway.
Vice Mayor Plummer: I've seen a lot of them in the garages.
Mr. Mulvena: No, because all of the floors are on an angle.
Commissioner Dawkins: They're under the expressway.
Mr. Mulvena: And everybody would be sliding down.
Vice Mayor Plummer: How much is debt service on that place?
Mr. Mulvena: I would say the debt service is probably about a half a million
dollars. We're probably making...
Mayor Suarez: Not all garages all built like that, where every floor is at an
angle. Some just have ramps at an angle.
Mr. Mulvena: Some are. Yes, we don't have any.
Mayor Suarez: We don't have any of those.
Mr. Mulvena: No, the newer...
Mayor Suarez: We have the ones that are particularly bad for people to be in
them, because they're all floors...
Mr. Mulvena: We park on everything.
Vice Mayor Plummer: I sure hope you find a way to stop the bleeding.
Mayor Suarez: All right, anything further on this item?
Vice Mayor Plummer: No.
Mayor Suarez: If not, where item are we on actually?
Vice Mayor Plummer: Fourteen.
Commissioner Alonso: We are going to...
Vice Mayor Plummer: Fourteen.
Mr. Mulvena: I think you had just voted on it. You just...
175 September 26, 1991
Vice Mayor Plummer: I moved fourteen with a provision that we would enter
into serious discussions with the family...
Mayor Suarez: I think we voted on it yet.
Commissioner Alonso: We already voted on...
Ms. Hirai: We've already done that, Vice Mayor.
Vice Mayor Plummer: We voted on fourteen?
Commissioner Dawkins: Wake up, J.L. Wake up...
31. (A) APPROVE FY 1991-92 BUDGET FOR THE SOUTHEAST OVERTOWN / PARK WEST
REDEVELOPMENT DISTRICT TAX INCREMENT TRUST FUND - INSTRUCT
MANAGER TO SEEK APPROVAL BY METROPOLITAN DADE COUNTY.
(B) DIRECT ADMINISTRATION TO RESEARCH PROSPECT OF OFFERING FREE
TRANSPORTATION FOR CITY EMPLOYEES WHO DECIDE TO MOVE TO
OVERTOWN, AS AN INCENTIVE.
Mayor Suarez: OK, all right. Item 15. Southeast Overtown/Park West
redevelopment tax in...
Commissioner Dawkins: Move it.
Mayor Suarez: ...district tax increment trust fund. So moved.
Vice Mayor Plummer: Second.
Mayor Suarez: Seconded. Any discussion? If not, please... Mr. Assistant
City Manager, there's a memo going to you that talks about possibility of
expanding the Ranger Program, and using tax increment funds. It was also the
subject of a resolution or motion of this Commission at the police deployment
hearing. As you'll see in the memo that's going to you on that, I expect an
answer by either the 3rd or the 24th of October so we can discuss that at
length then how we can begin to do that, Herb. And provide a real network of
security to expand beyond just downtown. OK? Thank you.
Mr. Sergio Rodriguez: ...do that.
Mayor Suarez: Call the roll.
176 September 26, 1991
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-693
A RESOLUTION, WITH ATTACHMENT, APPROVING THE ATTACHED
FISCAL YEAR 1991-1992 BUDGET FOR THE SOUTHEAST
OVERTOWN/PARK WEST REDEVELOPMENT DISTRICT TAX
INCREMENT TRUST FUND; INSTRUCTING THE CITY MANAGER TO
SEEK APPROVAL OF SAID BUDGET BY METROPOLITAN DADE
COUNTY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: And, herb, you responded favorably to this. And I want the
Commissioners to know the idea of trying to - and let's just not drop it,
please - this is just an idea that came up, but try to see if there's any way
that we can make to our Solid Waste employees and other employees of the City
of Miami - Commissioner Dawkins, you might like this - available
transportation, free of charge to them, if they choose to live in
Overtown/Park West.
Commissioner Dawkins: Make transportation free to them.
Mayor Suarez: Right.
Commissioner Dawkins: I'll move over there.
Mayor Suarez: Well, that might be a side benefit that we get out of all that,
because then we won't have to maintain Charlie Hadley Park at the incredible
expenditure that we now spend. But...
Vice Mayor Plummer: What do you mean transportation?
Mayor Suarez: We get a little van. We get a little shuttle. We take them
back and forth to work for free if, as an incentive, if they live in
Overtown/Park West.
Vice Mayor Plummer: If they work in the downtown area?
177 September 26, 1991
Mayor Suarez: Well, the Solid Waste employees typically...
Commissioner Dawkins: If they work in Kendall, I'd take them...,
Mayor Suarez: ...go over to the station and that's where they take off from
with their trucks, etcetera. The police and fire... well, the ones that work
in the substations, police... the fire substations, not the main one, also
could be offered that. The police are right there and other City employees.
Commissioner Dawkins: Let me...
Mayor Suarez: I mean, the whole idea is to create a real incentive for the
City employees to live in the City.
Commissioner Dawkins: Let me break it down to the "Miama," OK? What he's
saying, "Miama," is that with the new people coming on board as new
employees...
Mayor Suarez: They got to live in the City....
Commissioner Dawkins: ...and they choose to live in the City, then we will
provide transportation to the job.
Vice Mayor Plummer: Incentive.
Commissioner Dawkins: Um hmmm, incentive....
Mayor Suarez: In a City sponsored project.
Vice Mayor Plummer: I have no problem. That's fine.
Mayor Suarez: Thank you. Item 16.
Commissioner Alonso: That will be great, because we will reduce that 80
percent of our employees living outside the City of Miami. That's incredible.
Mayor Suarez: And I hope the unions take that to heart, because they made a
commitment to us, which I remind them of now, that, in fact, they would agree
that all new employees would live in the City of Miami, and that's not a game
to be played where they say, yes, that's fine, until they become members of
our union and then it changes. It's the other way around. It's a requirement
that we will impose when they are going through the academies or otherwise,
and then that the unions have to agree to once they've gone through all of
that and become permanent employees. Not some kind of a joke where only
applies up to the moment that they were officially hired.
178 September 26, 1991
C
•
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32. (A) APPROVE FY 1991-92 ADMINISTRATIVE BUDGET OF THE MIAMI SPORTS AND
EXHIBITION AUTHORITY.
(B) DISCUSSION CONCERNING: (1) PENDING LITIGATION AMONG THE MIAMI
HEAT, LEISURE MANAGEMENT MIAMI, AND THE SPORTS AUTHORITY
CONCERNING OVERDUE LEASE PAYMENTS OF THE ARENA; (2) THE HEAT'S
FAILURE TO MEET MINORITY PARTICIPATION GOALS.
------------------------------------------------------------------------------
Mayor Suarez: Item 16.
Commissioner Dawkins: I move that we defer item 16 till November 1992.
Vice Mayor Plummer: Second.
Mayor Suarez: So moved and seconded. We're effectively eliminating the Off -
Street Parking Authority. So I must vote no, but interesting idea.
Vice Mayor Plummer: Do you think the ice will melt by then?
Commissioner Alonso: Call the roll.
Vice Mayor Plummer: Reduce it by 90 percent.
Mayor Suarez: That's a low blow. That's a low blow.
Vice Mayor Plummer: Well, Mr. Perry, you know...
Commissioner Dawkins: It was nice knowing you.
Mr. Bill Perry: Mr. Mayor, members of the Commission...
Commissioner Dawkins: Mr. Mayor...
Mayor Suarez: Commissioner Dawkins. Do you want to restate that motion?
Commissioner Dawkins: Yes, I really think, and I want my Commissioner who's
over there to hear me. You know, this is another instance just like Mr. De
Yurre, the Off -Street Parking. Mr. De Yurre, I have written memos, I have
called, I have requested, I have begged for an affirmative report -
affirmative action report - from the...
Mr. Perry: Miami Heat.
Commissioner Dawkins: No, not the... now see, that's where I got it hung up.
I don't have a contract with the Heat.
Vice Mayor Plummer: We have a separate budget...
Commissioner Dawkins: I haven't a contract with - what is it? -Leisure Sport?
Mr. Perry: Leisure Management, Miami.
179 September 26, 1991
Commissioner Dawkins: Leisure Management, see. And I've asked them over and
over to provide me with an affirmative action breakdown for them and for the
Heat. And they've told me just to go fly a kite.
Vice Mayor Plummer: That ain't what they told you, but you're close.
Mr. Perry: You got the report from Leisure Management, the Arena people. We
have not gotten the report from the Miami Heat.
Commissioner Dawkins: No, I'm not supposed to get it from the Heat. I'm
supposed to get it from Leisure Management. They're supposed to get it from
the Heat, Mr. Perry. See, and I've asked the chairman and he... You've asked
them for it, haven't you? And they just refuse. So, you know, I don't see
what you got a board over there for, if the board, if I have got a director
and a chairman and the board members don't listen to them, what good is the
board? You may as well dissolve the board and get rid of it. If the board is
not going to demand that they produce that that's requested by this
Commission, you don't need the board.
Mr. Perry: Well, as you know, we threw...
Commissioner Dawkins: So I move that this budget be funded for one -twelfth of
the year until they come up with that that's requested.
Commissioner Be Yurre: Make it one -sixth.
Commissioner Dawkins: One -sixth?
Commissioner Be Yurre: Yes, Christmas and all of that.
Commissioner Dawkins: No, one-third.
Mayor Suarez: One-third, that's....
Commissioner Dawkins: One-third.
Mr. Perry: I just want to say, you know...
Mayor Suarez: Things are improving for you. I don't know that you ought to
argue.
Commissioner Be Yurre: One-half.
Mayor Suarez: In case you didn't calculate the math there.
Mr. Perry: Yes. I just want to say that, for the record, this is as far as
the operational budget of the authority, what's being proposed here to you
today, is the lowest that it's been in years. I mean, I have requested that
information from the Miami...
Commissioner Be Yurre: Yes, but that's not Miller's beef. That's not his
beef.
180 September 26, 1991
_*S
-O%k
Mr. Perry: I understand.
Commissioner De Yurre: He knows that this is a lean...
Mr. Perry: But we've requested that information back early this year.
Commissioner De Yurre: He's in agreement with the budget.
Mayor Suarez: Yes, the budget is not problematic, necessarily. It's the lack
of responsiveness on a couple of these issues that we need your help with.
And maybe the way to send a signal is to say to come back in four months,
which is one-third of the year.
Vice Mayor Plummer: Excuse me, I must have missed something. What are we
accomplishing by cutting this budget? What are you trying to accomplish,
Commissioner?
Commissioner Dawkins: No, I am not cutting the budget.
Mayor Suarez: Approve it for one...
Vice Mayor Plummer: But, no, I'm saying, by going to the one -sixth or the
one-third funding. What are you hope...
Commissioner Dawkins: They're going to be forced to bring me an affirmative
action plan from the Heat and from Leisure Management.
Mayor Suarez: To try to...
Vice Mayor Plummer: But how can they do that? They can't force that.
Mr. Perry: Right.
Commissioner Dawkins: Well, then, I'll just don't fund... And if they don't
bring it to me the second year, I don't fund them at all, and they go out of
business. And then we'll see what happens.
Vice Mayor Plummer: Then we're open for a lawsuit.
Commissioner Dawkins: Why?
Vice Mayor Plummer: Because they have obligations under a contract.
a
Commissioner Dawkins: They who?
Mr. Perry: We're involved in a lawsuit right now with them, so...
Commissioner Dawkins: They who?
Mr. Perry: The Sports Authority and Miami Heat and Leisure Management.
Mayor Suarez: Well, we want a report in four months. How do you want to
phrase it?
181 September 26, 1991
w
Vice Mayor Plummer: OK. Well, I...
Commissioner Dawkins: Go ahead, go ahead. You've been here longer than us.
Go ahead, we'll listen to you. I mean, honestly.
Vice Mayor Plummer: No, I've had my problems with the Sports Authority, but
I've got to compliment them that this year they did one hell of a good job and
they still have a contingency fund in there that I've always asked for, cannot
spend more than $5,000 without Commission approval. I don't know what else
we... you know, if we're trying to accomplish something, I'll go along with
it. But I don't know what we're trying to accomplish.
Commissioner Dawkins: I'm trying...
Mr. Perry: Commissioner Dawkins, Commissioner Dawkins, my incentive remains
the same to get that report, as I originally put in for January of this year.
Commissioner Dawkins: Um hmmm.
Mr. Perry: Whatever happens to the budget. Because I'm committed to do that.
They are bound by contract to provide us that information, but they have not
done so.
Commissioner Dawkins: See, that's my...
Mr. Perry: So, I don't think that the relationship with the budget...
Vice Mayor Plummer: Well, what do I do?
Mr. Perry: I mean, I'll continue to do what I've been trying to do all along
since the first of this year.
Commissioner Dawkins: Well then...
Mr. Perry: But they haven't provided us... They have, and they did notify us
about their recent hiring of an assistant coach.
Commissioner Dawkins: Chris Korge, Mr. Korge.
Vice Mayor Plummer: I got a...
Commissioner Dawkins: You were the attorney who dreamed this up. OK? What
can be done to obtain the information that I seek legally?
Vice Mayor Plummer: Maybe I dropped the ball, I don't know.
Mr. Odio: He's hiring...
Chris Korge, Esq.: We have put the Heat on notice requesting them to
demonstrate their due diligence in meeting the minority participation
requirements in a...
Mayor Suarez: How much time did you give them, Chris?
182
September 26, 1991
z
Mr. Korge: We gave them 30 days. They...
Commissioner Dawkins: How long ago?
Mr. Korge: That was June 1. They responded with...
Mayor Suarez: Of this year?
Mr. Korge: That is correct. They responded with certain information. We
requested more information. They have opted not to give us any more
Information. Now, our options are, presently we're in litigation with the
Heat. They sued the Arena. We countersued. They sued Leisure Management
Miami, who's a contracting party with them, as well as the Miami Sports &
Exhibition Authority. And we have countersued the Heat for various claims
relating to the agreements.
Commissioner Dawkins: Why are we countersuing the Heat when we do not... when
the City of Miami and the Sports Authority has a contract with Leisure
Management. Why are you suing the Heat when Leisure Management... we should
be suing Leisure Management.
Mr. Korge: Commissioner, the answer to your question is simple. First of
all, the Heat sued us. We did not sue them. We countersued them because we
are the owners of the Arena. The Heat has failed... our position is the Heat
has failed to make certain payments under their lease agreement with the
Arena. And, consequently, we're a necessary party of the litigation. That's
why we are also a party in the countersuit.
Commissioner Dawkins: City Attorney...
A. Quinn Jones, III, Esq.: Yes, sir.
Commissioner Dawkins: ...who I pay to give us advice. Wouldn't it seem
logical if the Heat sued us and we were not the landlord to go to court and
have the suit thrown out because it does not deal with us, sir? Well, see,
but he didn't say they sued the Sports Authority, he say the City of Miami.
Mr. Korge: No, no, I thought I said the Sports Authority, I'm sorry,
Commissioner.
Commissioner Dawkins: OK.
Mr. Korge: The City of Miami has not been sued in the lawsuit. They're not a
party to the lawsuit.
Commissioner Dawkins: All right, OK, now, I'll follow you. OK, go ahead,
Chris. Thank you, sir. Go ahead.
Mr. Korge: Basically, what I hear the Commissioner suggesting and what should
be brought back to the Authority is perhaps we file a different claim against
the Heat for failing to demonstrate their due diligence in meeting their
minority participation goals.
Commissioner Dawkins: Why? You don't have a contract with the Heat.
183 September 26, 1991
Mr. Korge: Because Commissioner... Yes, we do. Commissioner, we do have a
contract with the Heat.
Commissioner Dawkins: That says what?
Mr. Korge: The contract with the Heat says that the Heat will use their best
diligent efforts to meet certain minority participation goals as it relates to
hiring.
Mayor Suarez: Was that a three party contract when they became the principal
sub -tenant, in effect?
Mr. Korge: In effect, that's what it is.
Mayor Suarez: Are we a party to that? Is that how we impose these
affirmative action goals, etcetera?
Mr. Korge: We have a separate contract with the Heat, a reimbursement
agreement. Leisure Management Miami has a contract with the Heat which we
consented to. We, being the Sports Authority. And then the Sports Authority
has a contract with the Heat, an attornment and non -disturbance agreement so
that...
Mayor Suarez: Well, I don't agree with that stuff. We're trying to figure
out what it means in nice normal words, please.
Commissioner De Yurre: Chris, Chris, in English, in plain English...
Mr. Korge: In English...
Commissioner De Yurre: ...just tell Commissioner Dawkins, address his issue
as to...
Mayor Suarez: Attornment, you know, they ought to eliminate that from all the
legal books. Attornment, that's the kind of stuff that Charlie Citron and
those guys come up with.
Commissioner De Yurre: ...as to getting the minority information.
Mayor Suarez: Attornment.
Mr. Korge: We will take whatever actions are necessary, including legal
actions, to get the information from the Heat.
Commissioner Dawkins: OK. When do you plan this... Now they have not
produced what you wanted. Now when are you going to start the legal action?
Mr. Korge: As soon as I am authorized by the board to do that, I will do
that. That's what it would take at this point.
Commissioner Dawkins: OK, would it... Would I be out of order suggesting to
you that you do it the 1st of December?
184 September 26, 1991
90
Mr. Korge: No, you're never out of order, Commissioner.
Commissioner Dawkins: All right, well I think that we should have it done
by...
Mayor Suarez: God, you learned a lot when you were here.
Vice Mayor Plummer: I was just going to say, he's sure got smart awful fast.
Commissioner Dawkins: OK, all right, if J.L. moved it, I'll second. You
moved the budget? Did you move the... sixteen.
Vice Mayor Plummer: Sir, based on one-year funding, I'll move it, yes.
Mayor Suarez: So moved. Seconded by Commissioner Dawkins. Call the roll.
Don't go away, Mr. Korge.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-694
A RESOLUTION, WITH ATTACHMENT(S), APPROVING THE
ATTACHED FISCAL 1991-92 ADMINISTRATIVE BUDGET OF THE
MIAMI SPORTS AND EXHIBITION AUTHORITY.
(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.
Mayor Suarez: Yes. Mr. Perry, Mr. Korge, Mr. City Attorney, I mean, Mr. City
Manager, everybody, for a second.
Vice Mayor Plummer: But, can...
Commissioner Alonso: What I forgot to say before my vote. If you replace the
attorney that you have now, but now the vote has been given.
Mayor Suarez: Would you consider, the two of you, the possibility of a
meeting involving the litigating parties? And either Commissioner De Yurre or
I think you could probably do it not in the sunshine with either him or with
myself, in the case of my own... the meeting that I would like to hold with
185 September 26, 1991
the attorneys that are litigating, would be to discuss certain ideas and
comments that came out of a meeting that I had yesterday with the Commissioner
of the NBA in the hope that some progress can be made in everybody coming to a
final resolution of that lawsuit. Instead of spending all those legal fees,
which they're spending, and which I'm sure that whoever prevails is going to
try to charge the other person, and ultimately, the citizens of Miami are
going to have to pay the one way or the other, if we don't prevail.
Commissioner De Yurre: And Mr. Mayor, let me just say that I've been...
Vice Mayor Plummer: Can I ask if Mano is around here anywhere?
Commissioner Dawkins: No, he went home. He was so happy the budget was
passed, he went home.
Vice Mayor Plummer: Is Mano around here somewhere, or anybody from the Budget
Department?
Unidentified Speaker: Yes.
Vice Mayor Plummer: Where is the high priced help?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner De Yurre: Mr. Mayor, let me just say that I've been...
Mayor Suarez: Yes, Commissioner, while we look for Mano.
Commissioner De Yurre: ...in conversation with Lewis Schaffel, the general
manager and part owner of the Heat, and we've had extensive conversations to
try to come to an agreement between all three parties, and right now, as per
his request and also my desire, we're setting up a meeting, without the
attorneys really, to see if we can iron out the issues and come to an
understanding so we can avoid any further litigation. So, we're working on
that right now.
Mayor Suarez: OK, there are some insights that I may have gained yesterday.
If, at any time, it appears to you - I don't think the Commissioner can do it
because we both sit on this board together - to either the two of you that
that kind of meeting would be profitable, let me know. I have an idea that
there are certain things that could be said at that meeting that might move
the litigation along. All right?
Commissioner De Yurre: OK.
Mr. Korge: Thank you.
Mayor Suarez: Thank you.
186 September 26, 1991
[NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY
TABLES CONSIDERATION OF THE REGULAR AGENDA ITEMS IN
ORDER TO CONSIDER AN ITEM FROM THE PLANNING AND ZONING
PORTION OF THE AGENDA.]
------------------------------------------------------------------------------
33. (A) DENY APPEAL BY ONIE B. LUKER AND AFFIRM DECISION OF ZONING BOARD
TO GRANT SPECIAL EXCEPTION TO ALLOW THE EXTENSION OF 25' OF THE
0 OFFICE ZONING INTO THE R-1 ZONING DISTRICT TO ALLOW
MANEUVERING SPACE ON RESIDENTIALLY ZONED LOT AT 316 S.W. 28
ROAD.
(B) DENY APPEAL BY KATHRYN WELLS AND AFFIRM DECISION OF ZONING BOARD
TO GRANT SPECIAL EXCEPTION TO ALLOW THE EXTENSION OF 25' OF THE
0 OFFICE ZONING INTO THE R-1 ZONING DISTRICT TO ALLOW
MANEUVERING SPACE ON RESIDENTIALLY ZONED LOT AT 316 S.W. 28
ROAD.
------------------------------------------------------------------------------
Mayor Suarez: Item 17...
Commissioner Dawkins: No, sir, 8:58, I move we adjourn. We cannot finish
this item in one minute.
Mayor Suarez: OK.
Jeffrey Bercow, Esq.: You can finish mine in one minute.
Mayor Suarez: OK, what is your request? -to state in the record that you have
some sort of an agreement, counselor?
Mr. Bercow: Yes, it's on item PZ-11A and 11B.
Mr. Odio: Mr. Mayor.
Mayor Suarez: Yes?
Mr. Odio: If we don't get that...
Mr. Bercow: Eleven...
Mr. Odio: Seventeen...
Mr. Bercow: Eleven A and 11B. I'm Jeffrey Bercow representing the owner and
applicant, Mr. William Brody. With me is Miss Powell, who is representing
protesters, as well as Mr. McBride from the neighborhood association. The
protesters have agreed to withdraw the appeal subject to the following
conditions...
187 September 26, 1991
Vice Mayor Plummer: Jeff, what number?
Mr. Bercow: ...11A and 11B, subject to the following conditions being added
to the grant of the special exception, as follows. The curbing for the
ingress ramp on S.W. 28th Road shalt be designed in such a way as to strongly
discourage traffic from the west from entering the proposed office building.
And, two, prior to the issuance of any final certificate of use and occupancy
for the proposed office building, the property owners shall contribute $1,500
to the Roads Association, or any appropriate successor neighborhood
association, should the Roads Association cease to exist, for the planting of
trees in the public right-of-way in the residential area of S.W. 28th Road
between S.W. 3rd and 4th Avenues. This has been agreed to by Miss Powell for
Ms. Luker, by Kathyrn Wells and by myself for Mr. Brody, the applicant.
Mayor Suarez: Is it proper to accept this agreement with all the stuff that's
been read into the record, Guillermo?
Mr. Guillermo Olmedillo: Yes, Mr. Mayor, and we're happy that they came to an
agreement.
Mayor Suarez: How do we do it? I'll entertain a motion on the item in
question which is what, Madam City Attorney?
Miriam Maer, Esq.: You want to deny the appeal subject to...
Mayor Suarez: Deny the appeal, what item?
Commissioner Dawkins: So move.
Ms. Maer: Subject to all of the conditions.
Mayor Suarez: What item? -PZ what?
Mr. Olmedillo: Eleven A and 11B.
Ms. Maer: Item PZ-11A and PZ-11B.
Commissioner Alonso: Can we continue this item? I'm...
Mayor Suarez: I guess we're ready to vote. It's just as easy to continue it
as to vote for it. PZ-11A and PZ...
Vice Mayor Plummer: The only question I have...
Ms. Maer: You want to deny the appeal subject to the conditions that were set
into the record...
Mayor Suarez: All right.
Ms. Maer: ...and reviewed by the Planning Department and acceptable to the
City Attorney.
Mayor Suarez: It's up to the Commission. If you want to vote on it or...
188 September 26, 1991
Commissioner Dawkins: So move.
Vice Mayor Plummer: The question... I'll second it, and then ask a question.
The money is being payable to the Road Association, or subsequent other
groups. I thought it was the policy of this Commission that all monies from
these kinds of sources went into the pool for all of Miami. And that's the
only question I'm asking.
Commissioner Dawkins: If that's not the way it is, I take my second back.
Vice Mayor Plummer: Now, I have no problem, you know, I know the Roads
people, but I'm saying that the policy that we established some time ago...
Commissioner Dawkins: If you deviate from the policy once, you're going to
deviate from it from now on. So I can't deviate from it.
Vice Mayor Plummer: That's right and that is what scares me. I'll tell you
what I'll accept.
Mr. Bercow: Can we...
Vice Mayor Plummer: If they can, in fact, present a project to this
Commission for approval, and we would hold approval or rejection.
Commissioner Dawkins: But the money must come to this Commission. Now,
that's what I....
Vice Mayor Plummer: Well, to the City.
Mr. Bercow: Can we just substitute the Public Works Department for...
Commissioner Dawkins: No, you cannot.
Mr. Bercow: ...for the Roads Association?
Commissioner Dawkins: No, you cannot.
Vice Mayor Plummer: Yes, of course.
Commissioner Dawkins: No, the City of Miami.
Vice Mayor Plummer: Well, City of Miami.
Mr. Bercow: For the City Manager.
Commissioner Dawkins: Yes, he's saying Public Works. No, that's...
Mr. Bercow: City of Miami, OK.
Vice Mayor Plummer: And I would then afford them the opportunity to present a
project to this Commission in that amount for approval.
Mayor Suarez: Sure, they can work with the City.
189 September 26, 1991
Mr. Bercow: It would go for plantings in that roadway and the residential
area.
Vice Mayor Plummer: Fine. But I...
Mayor Suarez: A general understanding. Don't pin us down too much on that,
Jeff. You're pushing your luck here this time of the night. OK? That
general understanding. We have a motion and a second. Any further
discussion?
Vice Mayor Plummer: I'll move it, Mr. Mayor.
Mayor Suarez: If not, please...
Commissioner Dawkins: Second...
Mayor Suarez: ...call the roll on the denial of the appeal, I believe it is.
The following resolutions were introduced by Commissioner Plummer, who
moved their adoption:
RESOLUTION NO. 91-695
A RESOLUTION DENYING AN APPEAL FROM AND AFFIRMING THE
DECISION OF THE ZONING BOARD TO GRANT A SPECIAL
EXCEPTION FROM ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9,
SECTION 903, SUBSECTION 903.5 TO ALLOW THE EXTENSION
OF 25' OF THE 0 OFFICE ZONING INTO THE R-1 ZONING
DISTRICT TO ALLOW MANEUVERING SPACE ON THE
RESIDENTIALLY ZONED LOT FOR THE PROPERTY LOCATED AT
316 SOUTHWEST 28 ROAD, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN); ZONED R-1 FOR
SOUTHEAST 25' OF LOT 19 AND ZONED 0 OFFICE FOR THE
SOUTHWESTERLY 80' OF LOTS 15, 16, 17 AND 18 SUBJECT TO
THE FOLLOWING CONDITIONS: (1) THE CURBING FOR THE
INGRESS RAMP ON SOUTHWEST 28TH ROAD SHALL BE DESIGNED
IN SUCH A WAY AS TO STRONGLY DISCOURAGE TRAFFIC FROM
THE WEST FROM ENTERING THE PROPOSED OFFICE BUILDING
AND (2) COMPLIANCE WITH A CERTAIN PLAN DATED MAY 17,
1991, PREPARED BY ZYSCOVICH, WHICH PLAN MUST FIRST BE
APPROVED BY THE CITY'S PLANNING, BUILDING AND ZONING
DEPARTMENT AND BY THE CITY ATTORNEY AND FURTHER
SUBJECT TO A VOLUNTARY DONATION OF $1,500 BEING MADE
TO THE CITY OF MIAMI PRIOR TO ISSUANCE OF ANY
CERTIFICATE OF USE AND OCCUPANCY FOR THE PROPOSED
OFFICE BUILDING; SAID SPECIAL EXCEPTION HAVING A TIME
LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT
MUST BE OBTAINED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
190 September 26, 1991
RESOLUTION NO. 91-695.1
A RESOLUTION DENYING AN APPEAL FROM AND AFFIRMING THE
DECISION OF THE ZONING BOARD TO GRANT A SPECIAL
EXCEPTION FROM ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9,
SECTION 903, SUBSECTION 903.5 TO ALLOW THE EXTENSION
OF 25' OF THE 0 OFFICE ZONING INTO THE R-1 ZONING
DISTRICT TO ALLOW MANEUVERING SPACE ON THE
RESIDENTIALLY ZONED LOT FOR THE PROPERTY LOCATED AT
316 SOUTHWEST 28 ROAD, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN); ZONED R-1 FOR
SOUTHEAST 25' OF LOT 19 AND ZONED 0 OFFICE FOR THE
SOUTHWESTERLY 80' OF LOTS 15, 16, 17 AND 18 SUBJECT TO
COMPLIANCE WITH A CERTAIN PLAN DATED MAY 17, 1991,
PREPARED BY ZYSCOVICH, WHICH PLAN MUST FIRST BE
APPROVED BY THE CITY'S PLANNING, BUILDING AND ZONING
DEPARTMENT AND BY THE CITY ATTORNEY AND FURTHER
SUBJECT TO A VOLUNTARY DONATION OF $1,500 BEING MADE
TO THE CITY OF MIAMI PRIOR TO ISSUANCE OF ANY
CERTIFICATE OF USE AND OCCUPANCY FOR THE PROPOSED
OFFICE BUILDING; SAID SPECIAL EXCEPTION HAVING A TIME
LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT
MUST BE OBTAINED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolutions were passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Alonso: Commissioner Dawkins.
Vice Mayor Plummer: Go away and sin no more.
Commissioner Alonso: Could you stay a minute?
quite a while.
Mr. Bercow: Thank you.
191
I've been asking for the Mayor
September 26, 1991
[NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY
TABLES CONSIDERATION OF PLANNING AND ZONING AGENDA
ITEMS TO CONSIDER AN ITEM cFROM THE REGULAR PORTION OF
THE AGENDA AND A NON -AGENDA ITEM.]
-------------------------------------------------------- ---------------------
34. AUTHORIZE ISSUANCE OF $25,000,000 OF CITY OF MIAMI TAX ANTICIPATION
NOTES, SERIES 1991, FOR PURPOSE OF MEETING CERTAIN OF THE CITY'S CASH
FLOW REQUIREMENTS FOR FY ENDING SEPTEMBER 30, 1992.
------------------------------------------------------------------------------
Mayor Suarez: We have a motion on 17, Commissioner De Yurre.
Commissioner Dawkins: On 17, I moved that 17 be deferred because I had a lot
of questions and I have to wait until next week.
Mayor Suarez: I got to see if we get a second on 17.
Vice Mayor Plummer: Wait a minute, has anybody moved it?
Commissioner Dawkins: I moved...
Mayor Suarez: It was moved by Commissioner...
Commissioner Alonso: I second.
Mayor Suarez: It was moved by Commissioner De Yurre. Was it seconded?
Vice Mayor Plummer: Well, wait, wait, wait. That's fine except then if
you're moving that and seconding it, tell me how the City is going to operate?
Mr. Odio: What do you mean? -without it?
Vice Mayor Plummer: Without it.
Mr. Odio: Without it, we cannot operate.
Vice Mayor Plummer: Well, that's now.
Mr. Odio: That simple.
Commissioner Dawkins: You know, I get tired of you people telling me about
you got money, you don't have money, you got money, you don't have money. Now
we got to take out a credit card and go borrow money. Give me a break.
Vice Mayor Plummer: Miller, I'm not arguing with you.
Commissioner Dawkins: OK, you all do what you want to do.
192 September 26, 1991
Vice Mayor Plummer: I'm saying to you...
Mr. Odio: Until the tax monies begin to come in, we don't have any money.
Mayor Suarez: I understand the Vice Mayor is to be seconding the motion of
Commissioner De Yurre. We have a substitute motion which is to defer. Let's
vote on that first, and then we go back to the other motion if that doesn't
pass, please. Let's follow procedures.
Vice Mayor Plummer: I'm sorry?
Mayor Suarez: They moved after... he moved to approve it, and presumably, you
were going to second it. Commissioner Dawkins moved to defer it, Commissioner
Alonso seconded that. Let's vote on that. If that doesn't pass, we go back
to your motion which is the initial motion, and maybe it will pass and then
the item will be...
Vice Mayor Plummer: Well, that's fine, Mr. Mayor.
Mayor Suarez: I'm going to vote favorably to you, so you may have three
votes.
Vice Mayor Plummer: Well, wait a minute, wait, wait a minute. We're talking
about a... would everybody please sit down! -I'm getting nervous. And when I
get nervous, God help you.
Mayor Suarez: Sir...
Vice Mayor Plummer: Now, we're talking...
Mayor Suarez: ...we appreciate your help, but we don't need it. All right.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: No, no, that's fine, that's fine. We appreciate your help, but
you're not the sergeant -at -arms, thank you. Go ahead, Vice Mayor.
Vice Mayor Plummer: We are talking about a hell of a lot of money. Now, Mr.
Manager tells me that if this matter doesn't pass, we've got to close down.
Mr. Odio: Yes.
Vice Mayor Plummer: And I don't think anybody wants to walk out that door
with the anticipation this City is going to have to close down. Now, if my
two colleagues who want to make a counter motion, will tell me that the
Manager is full of malarkey, and this City doesn't have to close down, I'll be
willing to listen.
Commissioner Dawkins: I want you to tell me. I'm not going to tell you, I
want you to tell me. How can I have a Manager who manages a city the size of
the City of Miami and come up and tell me you can't wait 30 days for whatever
the hell we got?
193 September 26, 1991
Mayor Suarez: Less than 30 days. Actually, it could be October 3rd.
Commissioner Dawkins: Less than 30 days! Less than 30 days!
Vice Mayor Plummer: Let him answer that.
Mr. Odio: You cannot wait.
Commissioner Dawkins: No, you're asking me the question, I'm going to ask you
one.
Vice Mayor Plummer: All I'm asking is the counter. He's saying we got to
close down if it's not passed.
Mayor Suarez: Why are we going to argue this..,.
Commissioner Dawkins: I don't believe it.
Vice Mayor Plummer: You're saying he's full of malarkey.
Commissioner Dawkins: Well, I don't believe it.
Vice Mayor Plummer: Then somebody...
Commissioner Alonso: You mean we are in such a horrible shape? Are we in
that situation and we don't have money to function until October the 3rd?
Mr. Odio: That is correct.
Commissioner Alonso: Then someone better sit down with us and let us know the
shape of this City is in.
Mr. Odio: Let me tell you...
Commissioner Alonso: And tell also the public in what kind of a shape we are.
Mr. Odio: Let me tell you...
Mayor Suarez: Mr. Manager, please, Mr. Manager.
Commissioner De Yurre: Tell it like it is.
Mayor Suarez: I believe I agree with my colleagues who don't want this to be
approved. I don't think that's the way, necessarily, that the City is going
to somehow run out of funds. It is not between now and October 3rd. I am
inclined, however, to defer to your judgment and so, presumably, it will pass.
So why argue about it? Everybody has stated on the record how they feel.
They feet strongly about it.
Vice Mayor Plummer: Excuse me, sir. I am not depending upon his judgment.
Mayor Suarez: You've concluded that his...
194 September 26, 1991
is
0
Vice Mayor Plummer: I am dependent upon his flat out statement that if it's
not approved, this City has to close down. That's not a judgment call.
Commissioner Dawkins: Well, I don't believe it.
Vice Mayor Plummer: Well, I'm asking... for my vote, I'm asking for the
information, who's right and who's wrong?
Commissioner Dawkins: All right, I'll tell you what let's do. I want the
Manager to bring everybody in here at the next meeting and show me where this
City would close down if we had not done this. And if he does, I'm going to
beg his pardon. If he doesn't, I'm going to move to fire him.
Mr. Odio: Fine.
Mayor Suarez: OK, on the... that basically states how strongly we feel about
this. On the second motion, which is to defer the item, please call the roll.
ON MOTION DULY MADE BY COMMISSIONER DAWKINS AND
SECONDED BY COMMISSIONER ALONSO, THE ABOVE MOTION TO
DEFER THE ABOVE ITEM FAILED BY THE FOLLOWING VOTE:
AYES: None.
NOES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: No.
Ms. Hirai: This is on the deferral.
Commissioner Alonso: To defer.
Vice Mayor Plummer: No, this is to defer.
Commissioner Dawkins: No, I'm not going to defer it. You all...no, no, no, I
just made my statement.
Vice Mayor Plummer: I understand.
Mayor Suarez: OK, go ahead, reflect his vote.
Vice Mayor Plummer: I understand what he's doing.
Commissioner Dawkins: I do not believe that this City will close down if we
don't pass this. I don't believe it.
195 September 26, 1991
•
•
Commissioner Alonso: So.take the vote.
Commissioner De Yurre: What are we voting on?
Ms. Hirai: On the deferral.
Mayor Suarez: To defer item 17.
Vice Mayor Plummer: I have to vote no.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: To then approve item 17, I'll entertain... well, we have a
motion. We have a substitute motion on the floor, or a primary motion on the
floor. Please call the roll on that.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 91-696
A RESOLUTION, WITH ATTACHMENT(S), OF THE CITY OF
MIAMI, FLORIDA, AUTHORIZING THE ISSUANCE OF AN AMOUNT
NOT TO EXCEED $25,000,000 IN AGGREGATE PRINCIPAL
AMOUNT OF THE CITY OF MIAMI, FLORIDA, TAX ANTICIPATION
NOTES, SERIES 1991 FOR THE PURPOSE OF MEETING CERTAIN
OF THE CITY'S CASH FLOW REQUIREMENTS FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 1992; APPROVING THE FORM OF
THE NOTES; PROVIDING FOR THE RIGHTS AND SECURITY OF
ALL NOTE HOLDERS PURSUANT TO THIS RESOLUTION;
APPOINTING A PAYING AGENT FOR THE NOTES; AUTHORIZING
THE CITY MANAGER OR ASSISTANT CITY MANAGER TO TAKE ANY
ACTION NECESSARY TO QUALIFY THE NOTES FOR DEPOSIT WITH
THE DEPOSITORY TRUST COMPANY; AUTHORIZING THE
NEGOTIATED SALE OF THE NOTES; APPROVING THE FORM,
EXECUTION AND DELIVERY OF A NOTE PURCHASE AGREEMENT TO
EFFECT THE NEGOTIATED SALE OF THE NOTES; APPROVING THE
FORM AND DISTRIBUTION OF A PRELIMINARY OFFICIAL
STATEMENT; APPROVING THE FORM AND EXECUTION OF AN
OFFICIAL STATEMENT; AUTHORIZING THE CITY MANAGER OR
ASSISTANT CITY MANAGER ON BEHALF OF THE CITY TO
DETERMINE THE FINAL DETAILS OF THE NOTES WITHIN THE
PARAMETERS ESTABLISHED BY THIS RESOLUTION; AUTHORIZING
THE MAYOR OR VICE MAYOR, CITY MANAGER OR ASSISTANT
CITY MANAGER, AND THE CITY ATTORNEY AS TO THE FORM TO
EXECUTE THE NOTE PURCHASE AGREEMENT CONSISTENT WITH
SUCH FINAL DETAILS; AUTHORIZING OTHER OFFICERS OF THE
CITY TO TAKE ALL OTHER ACTIONS NECESSARY IN CONNECTION
WITH THE ISSUANCE OF THE NOTES; AND PROVIDING FOR AN
EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
196 September 26, 1991
•
•
Upon being seconded by Commissioner Plummer, 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:
Commissioner Dawkins: I'm going to vote no, and I still want the Manager to
come back at the meeting and bring people in here with graphs and everything
and show me how this City was going to shut down if we had not passed these
tax anticipated notes. Then - I'm sorry - and show me that it couldn't wait
two weeks. That's what I'm saying.
COMMENTS MADE FOLLOWING ROLL CALL:
Vice Mayor Plummer: Heil of a way to run an airline.
35. BRIEF STATEMENT BY COMMISSIONER ALONSO ANNOUNCING SHE WILL BE
INTRODUCING, AT A FUTURE MEETING, PROPOSALS FOR FUTURE LEGISLATION, e.g.
FREEZING GARBAGE FEES, ETC. FOR MIAMI RESIDENTS OVER 65.
Mayor Suarez: Now Madam, Commissioner, we didn't get back as we should have
to your items, and I think in deference, if you want to at least make the
motions or if you want to tell us what they contain or...
Commissioner Alonso: Yes. Well, I think that the importance of these
resolutions and ordinance deserve more time. I've been trying to get your
attention for quite a white. And...
Mayor Suarez: I guess I was pressed with the budgets of all these
authorities, I'm sorry about that.
Commissioner Alonso: Yes, so I think I'm going to present these motions in
the next Commission meeting. One is in reference to freezing the garbage fee
for 65 years and older. And also sending a resolution indicating the position
of this Commission to... in reference to legislative priorities and I will do
so next Commission meeting.
Mayor Suarez: Very good.
197 September 26, 1991
[NOTE: AT THIS POINT, THE CITY COMMISSION TABLES
CONSIDERATION OF THE REGULAR AGENDA TO CONSIDER ITEMS
ON THE PLANNING AND ZONING PORTION OF THE AGENDA.]
------------------------------------------------------------------------------
36. TRANSMIT APPLICATION FOR DEVELOPMENT APPROVAL (ADA) TO SOUTH FLORIDA
REGIONAL PLANNING COUNCIL AND FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR
SUFFICIENCY REVIEW AS TO DEVELOPMENTS OF REGIONAL IMPACT, WHICH
APPLICATION PROPOSES AN AMENDMENT OF THE SOUTHEAST OVERTOWN / PARK WEST
(SEO/PW) MASTER DEVELOPMENT ORDER (1988-1994) - ADOPT SEO/PW INCREMENT II
DEVELOPMENT ORDER (1991-1999) AND ADVANCE COMMENCEMENT DATE - FOR PURPOSE
OF REGULATING FUTURE DEVELOPMENT IN THE SOUTHEAST OVERTOWN / PARK WEST
PROJECT.
Mayor Suarez: Mr. Bailey, you absolutely needed passage of PZ-12. Is that a
DRI for...?
Commissioner Alonso: Which one? Which one?
Mr. Herb Bailey: DRI for Southeast Overtown/Park West. We need...
Mayor Suarez: PZ-12.
Mr. Bailey: Yes.
Mayor Suarez: Southeast Overtown/Park West DRI.
Vice Mayor Plummer: OK.
Commissioner Alonso: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please... is there
an ordinance, Mr. City Attorney? Is there an ordinance, Herb?
Miriam Maer, Esq.: It's a resolution, no, sir.
A. Quinn Jones, III, Esq.: It's a resolution.
Mayor Suarez: Resolution, please call the roll.
Vice Mayor Plummer: Well, wait, what are we voting on?
Ms. Hirai: PZ-12, sir.
Commissioner Alonso: Twelve, PZ-12.
198 September 26, 1991
Mayor Suarez: It's the Overtown/Park West DRI.
Vice Mayor Plummer: The Overpark - Overtown....
Mayor Suarez: Overtown/Park West DRI, development of regional impact. I
guess... what do we have, a renewal?
Mr. Herb Bailey: It's a DRI for Overtown/Park West. I have to...
Vice Mayor Plummer: Well, wait a minute, we've got a DRI.
Mr. Bailey: We got a downtown DRI. Our DRI...
Vice Mayor Plummer: No, no, we've got two. We have two DRIs. We have one in
the downtown, and we have one which the applicant was DDA, and you have one...
I was sitting on the board.
Mr. Bailey: Vice Mayor, for the redevelopment district, you have to have a
separate one. That's a requirement by the state. It's not ours. And we have
always had our own DRI for Overtown/Park West. And it has been separate and
apart from all the others.
Vice Mayor Plummer: What happened to the one that was north of the central
district?
Mr. Sergio Rodriguez: This is the Overtown/Park West DRI that you have always
had, and you're amending the increment too. And basically, that's what you
need to do at this point.
Vice Mayor Plummer: OK.
Mr. Rodriguez: And then you have item 13 is the one in downtown DRI. They
are two different items.
Mayor Suarez: OK, as to PZ-12, we have a motion and a second. Any
discussion? If not, please call the roll.
199 September 26, 1991
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-697
A RESOLUTION, WITH ATTACHMENT, TRANSMITTING THE
APPLICATION FOR DEVELOPMENT APPROVAL (ADA) TO THE
SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS FOR SUFFICIENCY REVIEW
PURSUANT TO CHAPTER 380.06, FLORIDA STATUTES, AS
AMENDED, DEVELOPMENTS OF REGIONAL IMPACT; WITH ADA
PROPOSES; (A) AMENDING THE SOUTHEAST OVERTOWN/PARK
WEST (SEO/PW) MASTER DEVELOPMENT ORDER (RESOLUTION N0.
88-110; ADOPTED FEBRUARY 11, 1988) FOR THE PERIOD
1988-2007; (B) AMENDING THE SEO/PW INCREMENT
DEVELOPMENT ORDER (RESOLUTION NO. 88-111; ADOPTED
FEBRUARY 11, 1988) FOR THE PERIOD 1988-1994 AND
EXTENDING THE BUILD -OUT DATE TO 1997; AND (C) ADOPTING
A SEO/PW INCREMENT II DEVELOPMENT ORDER FOR THE PERIOD
1992-1999 AND ADVANCING THE COMMENCEMENT DATE OF
INCREMENT II TO 1992; ALL FOR THE PURPOSE OF
REGULATING FUTURE DEVELOPMENT IN THE SOUTHEAST
OVERTOWN/PARK WEST 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 Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre.
37. AMEND DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT (DRI) MASTER AND
INCREMENT I DEVELOPMENT ORDERS FOR THE CITY OF MIAMI AREA UNDER
JURISDICTION OF GENERAL DEVELOPMENT AUTHORITY (EXCEPT SOUTHEAST OVERTOWN
/ PARK WEST REDEVELOPMENT AREA) BY AMENDING MASTER DEVELOPMENT ORDER AND
CHANGING DESCRIPTION OF INCREMENT I PROJECT, etc.
Mayor Suarez: Do we need to postpone or approve PZ-13?
Mr. Sergio Rodriguez: I think you can vote for it now.
Mayor Suarez: Well, we need to do one of the two?
200 September 26, 1991
Mr. Rodriguez: Right.
Mayor Suarez: Commissioner Dawkins has moved PZ-13, the downtown DRI. Do we
have a second on that motion?
Commissioner Alonso: Second.
Mayor Suarez: Seconded, and thirded. Any discussion? If not, please call
the roil. Be quiet in the chambers!
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-698
A RESOLUTION, WITH ATTACHMENTS, AMENDING THE DOWNTOWN
MIAMI DEVELOPMENT OF REGIONAL IMPACT (DRI) MASTER AND
INCREMENT I DEVELOPMENT ORDERS (RESOLUTIONS 87-1148
AND 1149, ADOPTED DECEMBER 10, 1987), FOR THE AREA OF
THE CITY OF MIAMI UNDER THE JURISDICTION OF THE
DOWNTOWN DEVELOPMENT AUTHORITY (WITH THE EXCEPTION OF
THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AREA;
BY AMENDING THE MASTER DEVELOPMENT ORDER BY UPDATING
THE NAME OF THE AGENT AND DEPARTMENT AND CHANGING THE
INCREMENT I PROJECT DESCRIPTION; BY AMENDING THE
INCREMENT I DEVELOPMENT ORDER BY UPDATING THE NAME OF
THE AGENT AND DEPARTMENT, EXTENDING THE BUILD-
OUT/TERMINATION DATE OF INCREMENT I FROM DECEMBER 31,
1992, TO DECEMBER 30, 1998; SIMILARLY EXTENDING THE
DATE FOR PROTECTION AGAINST DOWNZONING; EXTENDING THE
DATE FOR COMPLETING AIR QUALITY MONITORING FROM MARCH
15, 1991, TO MARCH 15, 1994, EXTENDING THE TIME TO
CONTRACT FOR CONSTRUCTION OF TRANSPORTATION
IMPROVEMENTS FROM FOUR YEARS TO EIGHT YEARS FROM THE
EFFECTIVE DATE OF THE DEVELOPMENT ORDER, AND
SIMULTANEOUSLY INCREASING AND DECREASING THE QUANTITY
OF DEVELOPMENT IN CERTAIN LAND USE CATEGORIES IN
INCREMENT I; FINDING THAT THESE CHANGES DO NOT
CONSTITUTE A SUBSTANTIAL DEVIATION' PER CHAPTER 380,
FLORIDA STATUTES (SUPP. 1990), AND ALSO FINDING THAT
THESE CHANGES ARE IN CONFORMITY WITH THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000.
(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:
201 September 26, 1991
& 0
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.
------------------------------------ -----------------------------------------
38. CONTINUE PROPOSED RESOLUTION CONCERNING AN APPEAL OF ZONING BOARD'S
DENIAL OF VARIANCE TO PERMIT EXISTING ADDITION TO SINGLE FAMILY RESIDENCE
(1900 S.W. 32 AVENUE) TO MEETING OF OCTOBER 24TH (Owner/Appellant: Pedro
Hernandez).
Mr. Sergio Rodriguez: PZ-14 continue. It's the only one left.
Vice Mayor Plummer: Move, continue it.
Commissioner Alonso: Second.
Mayor Suarez: Moved to continue PZ-14, seconded. Any discussion?
Mr. Rodriguez: To October 24th.
Mayor Suarez: Everybody's in agreement.
Unidentified Speaker: Thank you.
Mr. Rodriguez: October 24th.
ON MOTION DULY MADE BY VICE MAYOR PLUMMER AND SECONDED
BY COMMISSIONER ALONSO, ITEM PZ-14 WAS CONTINUED TO
THE COMMISSION MEETING SCHEDULED FOR OCTOBER 24, 1991
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.
rW
September 26, 1991
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 9:11 P.M.
ATTEST:
Natty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
Xavier L. Suarez
N A Y 0 R
* 1NCORPIORATE1I
18 R 96
September 26, 1991