HomeMy WebLinkAboutCC 1991-07-25 MinutesCITY OF MIAMI
r
* I NCORPAORATE11)
18 96
OF MEETING HELD ON JULY 25, 1991
PLANNING & ZONING
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
INDEX
MINUTES OF REGULAR MEETING
JULY 25, 1991
ITEM
SUBJECT
LEGISLATION
PAGE
NO.
NO.
1.
PRESENTATIONS, PROCLAMATIONS & SPECIAL
DISCUSSION
1
ITEMS.
7/25/91
(A) PROCLAMATION: CALLING ON AMERICA
DAY - TO FURTHER GOALS OF EQUAL
PARTICIPATION IN ALL ASPECTS LIFE BY
THE DISABLED.
(B) INTRODUCTION: MR. HSU-FU HUANG,
TAIWAN DIRECTOR, COORDINATION COUNCIL
FOR NORTH AMERICAN AFFAIRS.
(C) PROCLAMATION: DIA DE ANGEL
MARTIN - FOR ACHIEVEMENTS IN RADIO /
TELEVISION / ENVIRONMENT CONSERVATION.
2.
GRANT REQUEST BY FIRE DEPARTMENT FOR
R 91-555
2
CLOSURE OF DESIGNATED STREETS
7/25/91
CONCERNING A CHILDREN'S HORSE PARADE,
AS PART OF FIRE PREVENTION WEEK - WAIVE
=
FEES.
3.
APPROVE, IN PRINCIPLE, REQUESTS FOR
M 91-556
3-4
CODESIGNATION OF STREETS IN HONOR OF
7/25/91
RALPH RENICK AND CHARLES WHITED - REFER
TO CODESIGNATION REVIEW COMMITTEE.
4.
AUTHORIZE SALE OF TWO SURPLUS PUMPER
R 91-557
4-6
=
TRUCKS TO SISTER CITY SANTO DOMINGO,
7/25/91
=
DOMINICAN REPUBLIC, TO BE USED BY
CUERPO NACIONAL DE BOMBEROS, IN FIRE
FIGHTING EFFORTS.
5.
DISCUSSION CONCERNING FINANCIAL
M 91-558
6-20
FEASIBILITY OF OBTAINING APPRAISALS AT:
7/25/91
716 S.W. 15 AVENUE, 1520 S.W. 7 STREET,
AND 1530 S.W. 7 STREET, IN CONNECTION
WITH THE LITTLE HAVANA SPECIALTY CENTER
PROJECT (Reschedule for first Regular
Commission Meeting in September).
6. EXECUTE AGREEMENT: NORA SWAN FOR
R 91-559 20-21
PROFESSIONAL SERVICES RELATED TO
7/25/91
PLANNING AND IMPLEMENTATION OF
PROMOTIONAL ACTIVITIES FOR ENHANCEMENT
OF FILM, TELEVISION, AND RECORDING
INDUSTRIES IN MIAMI ($20,000 PLUS
$5,000 OUT-OF-POCKET EXPENSES).
7. APPROVE, IN PRINCIPLE, BEAUTIFICATION
R 91-560 21-23
OF MEDIAN STRIP OF SOUTH BAYSHORE DRIVE
7/25/91
WITHIN THE COCONUT GROVE SPECIAL EVENTS
DISTRICT.
8. CONSENT AGENDA. DISCUSSION 23-25
7/25/91
8.1 PURCHASE 927 LINEAR FEET OF FLORIADE R 91-561
STANDARD TUBULAR (STEEL PICKET) FENCE, 7/25/91
FROM FENCE MASTERS, INC. ($53,150) -
ALLOCATE FUNDS (Citywide Neighborhood
Park Renovation Program / CIP 331053).
8.2 ACCEPT BID: SOLO PRINTING, INC. FOR R 91-562
PRINTING 1990 POLICE ANNUAL REPORT 7/25/91
($6,900) (Department of General
Services Administration and Solid
Waste, Graphics Reproduction Division).
8.3 EXECUTE AGREEMENT ($15,000): DAVID M. R 91-563
GRIFFITH AND ASSOCIATES, LTD., TO 7/25/91
PREPARE A CENTRAL SERVICES COST
ALLOCATION PLAN TO SUPPORT RECOVERY OF
ADMINISTRATIVE COSTS FROM GRANTS AND
OTHER FUNDING SOURCES FOR FY '90.
8.4 ACCEPT GRANT ($25,000): STATE OF R 91-564
FLORIDA DEPARTMENT OF TRANSPORTATION 7/25/91
HIGHWAY BEAUTIFICATION COUNCIL THROUGH
DOWNTOWN DEVELOPMENT AUTHORITY (DDA),
TO PROVIDE LANDSCAPE / STREETSCAPE
IMPROVEMENTS ON S.W. 8 STREET BETWEEN
I-95 AND S.W. 3 AVENUE - SUBJECT TO
MATCHING FUNDS ($30,000) TO BE PAID BY
DDA AND BRICKELL AVENUE ASSOCIATION.
8.5 ACCEPT PLAT: EDISON TERRACE.
9. BRIEFLY DISCUSS AND TEMPORARILY TABLE
PROPOSED RESOLUTION CONCERNING
EXECUTION OF AMENDMENT NO. 5 TO
AGREEMENT WITH DELOITTE AND TOUCHE,
CERTIFIED PUBLIC ACCOUNTANTS, IN
ASSOCIATION WITH: (a) SHARPTON, BRUNSON
AND COMPANY, PA; (b) VERDEJA, IRIONDO
AND GRAVIER; AND (c) WATSON AND
COMPANY, PA - FOR RENDERING ARBITRAGE
REBATE COMPUTATION SERVICES (See label
20) .
10. ACCEPT GRANT ($10,780): STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION
HIGHWAY BEAUTIFICATION COUNCIL THROUGH
DOWNTOWN DEVELOPMENT AUTHORITY (DDA),
TO PROVIDE LANDSCAPE / STREETSCAPE
IMPROVEMENTS ON S.W. 8 STREET BETWEEN
W./S.W. 1 AVENUE AND E./S.W. 1 AVENUE -
SUBJECT TO MATCHING FUNDS ($34,856)
FROM DDA AND BRICKELL AREA
ASSOCIATION - EXECUTE AGREEMENTS.
11. (A) DISCUSS AND TEMPORARILY TABLE
CONSIDERATION OF PROPOSED EMERGENCY
ORDINANCE AMENDING 10021, WHICH
ESTABLISHED INITIAL RESOURCES AND
APPROPRIATIONS FOR THE LAW ENFORCEMENT
TRUST FUND, PROVIDING FOR INCREASE OF
$395,500, FROM ADDITIONAL MONIES DUE TO
SUCCESSFUL FORFEITURE ACTIONS (See
label 40).
(B) COMMISSIONER ALONSO REMINDS
ADMINISTRATION ABOUT FUNDING REQUEST
FOR BETTER WAY FOUNDATION, INC. (See
label 18).
26
26
9�
27
R 91-565 27
7/25/91
DISCUSSION 27-28
7/25/91
R 91-566
7/25/91
DISCUSSION
7/25/91
30-31
0 0
12. PRESENTATION: OUTSTANDING OFFICERS OF DISCUSSION
THE MONTH (JUNE): JOSE FERNANDEZ AND 7/25/91
OSCAR BAEZ.
13. EXECUTE AMENDMENT TO AGREEMENT: URBAN R 91-567
ARCHITECTS, INC., FOR PROFESSIONAL 7/25/91
DESIGN SERVICES IN ARCHITECTURE AND
ENGINEERING: ORANGE BOWL MODERNIZATION
PROJECT - PHASE II (CIP 404238).
14. (A) RESCHEDULE REGULAR CITY COMMISSION R 91-568
MEETING IN SEPTEMBER TO TAKE PLACE ON R 91-569
SEPTEMBER 11TH. 7/25/91
(B) COMPUTE PROPOSED MILLAGE RATE FOR
CITY OF MIAMI FOR FISCAL YEAR OCTOBER
1, 1991-SEPTEMBER 30, 1992 - SUBMIT
PROPOSED MILLAGE TO DADE COUNTY
PROPERTY APPRAISER AND TAX COLLECTOR -
SET PUBLIC HEARING FOR CONSIDERATION OF
CITY'S TENTATIVE BUDGET.
15. DISCUSS AND DEFER, PENDING FURTHER M 91-570
REVIEW AND INFORMATION, PROPOSED 7/25/91
CHARTER AMENDMENTS: (a) NO. 39
CONCERNING UNIFIED DEVELOPMENT
PROJECTS, etc.; (b) NO. 4, CONCERNING
PROPOSED ELIMINATION OF EXISTING
REQUIREMENT OF THREE PROPOSALS FOR SALE
/ LEASE OF CITY PROPERTY OTHER THAN
WATERFRONT, etc.; AND (c) NO. 5,
PROHIBITING THE COMMISSION FROM
FAVORABLY CONSIDERING SALE / LEASE FOR
COMMERCIAL USE / MANAGEMENT OF CITY -
OWNED WATERFRONT PROPERTY UNLESS THREE
WRITTEN PROPOSALS ARE RECEIVED, AND FOR
SUBMISSION TO ELECTORATE FOR APPROVAL
WHERE LESS THAN THREE WRITTEN PROPOSALS
ARE RECEIVED, etc.
16. COMMISSION DIRECTS ADMINISTRATION TO DISCUSSION
CLARIFY, THROUGH THE MEDIA, APPARENT 7/25/91
MISUNDERSTANDING OF THE CDBG LOAN TO
N.B. REALTY.
17. (A) DISCUSSION ON MARINA HURRICANE DISCUSSION
PREPAREDNESS. 7/25/91
(B) VICE MAYOR PLUMMER ARGUES THE NEED
FOR STATE LICENSING OF BOAT OPERATORS.
18. STRONG URGE DOWNTOWN DEVELOPMENT M 91-571
AUTHORITY (ODA) TO MAKE IMMEDIATELY 7/25/91
AVAILABLE TO THE CITY A LOAN OF
$100,000, $75,000 OF WHICH WOULD BE
EARMARKED AS THE CITY'S SHARE IN
ADDRESSING THE HOMELESS PROBLEM, AND
$25,000 EARMARKED IN SUPPORT OF THE
BETTER WAY FOUNDATION, INC. PROGRAM.
(See label 11B).
19. GRANT REQUEST BY COMMITTEE FOR R 91-572
COMMEMORATION OF AFRICAN HISTORICAL 7/25/91
EVENTS FOR ONE -DAY BEER AND WINE PERMIT
FOR ITS CELEBRATION OF THE BICENTENNIAL
BOIS-CAIMAN FESTIVAL.
31-32
32-33
33-41
42-54
55-59
60-63
63-76
77-78
0
0
20.
(Continued Discussion) EXECUTE
R 91-573
AMENDMENT NO. 5 TO AGREEMENT WITH
7/25/91
DELOITTE AND TOUCHE, CERTIFIED PUBLIC
ACCOUNTANTS, IN ASSOCIATION WITH: (a)
SHARPTON, BRUNSON AND COMPANY, PA; (b)
VERDEJA, IRIONDO AND GRAVIER; AND (c)
WATSON AND COMPANY, PA - FOR RENDERING
ARBITRAGE REBATE COMPUTATION SERVICES
(See label 9).
21.
GRANT FUNDING REQUEST ($2,500) BY
R 91-574
BELAFONTE TACOLCY CENTER TO SEND AREA
7/25/91
CHILDREN TO FLORIDA NATIONAL JUNIOR
OLYMPICS IN TALLAHASSEE (FLORIDA STATE
UNIVERSITY CAMPUS).
22.
COMMENTS CONCERNING COST ($7,000) OF
DISCUSSION
POLICE DEPARTMENT'S ANNUAL REPORT.
7/25/91
(See label 8).
23.
APPOINT INDIVIDUAL AS MEMBER OF OFFICE
R 91-575
OF PROFESSIONAL COMPLIANCE ADVISORY
7/25/91
PANEL (Appointed was: William Chavez,
Jr.).
24.
SCHEDULE PUBLIC HEARING (SEPTEMBER
R 91-576
11TH, 1991) TO TAKE TESTIMONY REGARDING
7/25/91
FLAGLER / CORE AREA SECURITY DISTRICT
SPECIAL IMPROVEMENT DISTRICT EXPANSION.
25.
APPROVE ISSUANCE OF HEALTH FACILITIES
R 91-577
REVENUE BONDS, SERIES 1991A
7/25/91
($35,000,000) (MERCY HOSPITAL, INC.
PROJECT).
26.
ACCEPT BID: MET CONSTRUCTION, INC.
R 91-578
($1,837,000): ORANGE BOWL MODERNIZATION
7/25/91
PROJECT PHASE II - RESTROOMS (1991) B-
3231-D (Project 404238) - EXECUTE
CONTRACT.
27. EXECUTE PROFESSIONAL SERVICES R 91-579
AGREEMENT: CH2M HILL SOUTHEAST, INC., 7/25/91
FOR PROFESSIONAL AND TECHNICAL SERVICES
RELATED TO APPLICATION FOR PHASE I AND
INDUSTRIAL NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM PERMIT ($350,138 -
Project 352277).
28. APPOINT INDIVIDUAL TO SERVE AS MEMBER M 91-580
OF NUISANCE ABATEMENT BOARD (Appointed 7/25/91
was: Kishor Parekh; one appointment
still pending).
29. GRANT REQUEST FOR USER FEE WAIVER BY R 91-581
NEW AGE DANCE THEATER CONCERNING THEIR 7/25/91
FILM PRODUCTION, "FAUNO", AT MANUEL
ARTIME CENTER - ALLOW FREE USE OF
PREMISES, WITH CONDITIONS.
30. (A) INSTRUCT MANAGER TO PURSUE SALE OF M 91-582
MUNICIPAL JUSTICE BUILDING (1145 N.W. 7/25/91
11 STREET) AND TO MAKE RECOMMENDATION
TO COMMISSION. (See label 54).
(B) DISCUSSION CONCERNING POSSIBLE
SALE OF MELREESE GOLF COURSE AND
GRAPELAND HEIGHTS PARK. (See label 54).
1.31
81-82
83-84
84-85
85-88
89-91
91-96
96-104
0
0
31.
DISCUSSION CONCERNING METROPOLITAN DADE
DISCUSSION 104-105
COUNTY'S SCHOOL BOARD LEASING OF THE
7/25/91
DONN BUILDING TO THE CITY FOR $1.00 A
YEAR. (See labels 50 and 51).
32.
DISCUSSION CONCERNING PROPOSED
DISCUSSION 106-107
SCHEDULING OF CITY COMMISSION SPECIAL
7/25/91
SESSION IN OCTOBER IN DOWNTOWN AREA
(See label 39).
33.
AUTHORIZE MANAGER TO SUBMIT AMENDMENT
R 91-583 107-110
TO APPROVED 17TH YEAR COMMUNITY
7/25/91
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
FINAL STATEMENT TO U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) TO
REFLECT REPROGRAMMING OF FUNDS FROM
TARGET AREA MINI-UDAG PROJECT TO
PROVIDE GRANTS TO: (a) BLACK ARCHIVES,
HISTORY AND RESEARCH FOUNDATION, FOR
COMPLETION OF HISTORIC DORSEY HOUSE
PROJECT (OVERTOWN NEIGHBORHOOD TARGET
AREA - $55,000); (b) ALLAPATTAH
BUSINESS DEVELOPMENT AUTHORITY, INC.
FOR ESTABLISHMENT OF NEW HOUSING
PROGRAM ($43,270) AND (c) ALLAPATTAH
COMMUNITY ACTION AGENCY, INC., FOR
COMPLETION OF ALLAPATTAH ELDERLY CENTER
EXPANSION PROJECT ($11,500).
34.
AUTHORIZE AGREEMENT: BLACK ARCHIVES,
R 91-584 111
HISTORY AND RESEARCH FOUNDATION OF
7/25/91
SOUTH FLORIDA, INC., TO PROVIDE GRANT
($55,000) FOR COMPLETION OF
RECONSTRUCTION OF HISTORIC DORSEY HOUSE
(OVERTOWN NEIGHBORHOOD TARGET AREA) -
ALLOCATE FUNDS FROM 17TH YEAR CDBG.
35.
AUTHORIZE AGREEMENTS: (a) ALLAPATTAH
R 91-585 112
BUSINESS DEVELOPMENT AUTHORITY, INC.,
7/25/91
TO ESTABLISH NEW HOUSING PROGRAM FOR
ALLAPATTAH NEIGHBORHOOD TARGET AREA
($43,270); AND (b) ALLAPATTAH COMMUNITY
ACTION AGENCY, INC., FOR COMPLETION OF
ALLAPATTAH ELDERLY CENTER EXPANSION
PROJECT ($11,500) - ALLOCATE 17TH YEAR
CDBG FUNDS.
36.
EXPRESS INTEREST IN PROPOSAL PRESENTED
R 91-586 113-120
BY U.S. HOVERCRAFT INC. TO CONSTRUCT A
7/25/91
TERMINAL IN MIAMI, AT ITS OWN EXPENSE,
FOR WATER TRANSPORTATION VIA HOVERCRAFT
BETWEEN MIAMI, KEY WEST, ST. PETERSBURG
(TAMPA) - DIRECT MANAGER TO ASSIST IN
LOCATION OF SITE FOR TERMINAL AND TO
MAKE RECOMMENDATION TO COMMISSION.
37.
BRIEFLY DISCUSS AND TEMPORARILY TABLE
DISCUSSION 121
FUNDING REQUEST BY NORTHEAST TASK FORCE
7/25/91
NEIGHBORHOOD ASSOCIATION FOR
BEAUTIFICATION OF BISCAYNE BOULEVARD
(See label 41).
1!
38.
GRANT FUNDING REQUEST BY TACOLCY
R 91-587
122-136
ECONOMIC DEVELOPMENT CORPORATION
7/25/91
($176,000 FROM CLAUGHTON ISLAND FUNDS
INVESTMENT INTEREST) TO PARTIALLY FUND
DEVELOPMENT OF THE EDISON TERRACE
RESIDENTIAL PROJECT - STIPULATE
—
$100,000 TO BE RETURNED TO CITY FOR A
LIEN PAYMENT - ALLOCATE SIMILAR AMOUNT
FOR NORTHEAST ASSOCIATION GROUP IN
1991-92 BUDGET.
39.
(Continued Discussion) RESCHEDULE
R 91-588
137-140
FIRST COMMISSION MEETING IN OCTOBER TO
7/25/91
TAKE PLACE ON OCTOBER 3, 1991, WITH THE
--
MORNING SESSION IN COMMISSION CHAMBERS,
MOVING THE AFTERNOON SESSION TO THE
JAMES L. KNIGHT CENTER (ASHE
_1
AUDITORIUM) (See label 32).
_
40.
(Continued Discussion) EMERGENCY
ORDINANCE
140-142
_
ORDINANCE: AMEND 10021, WHICH
10901
ESTABLISHED INITIAL RESOURCES AND
7/25/91
APPROPRIATIONS FOR THE LAW ENFORCEMENT
"
TRUST FUND - PROVIDE FOR INCREASE OF
$395,500, FROM ADDITIONAL MONIES DUE TO
SUCCESSFUL FORFEITURE ACTIONS (See
label 11A).
41.
(A) PETITION STATE DEPARTMENT OF
R 91-589
143-153
TRANSPORTATION TO ALLOW PLACEMENT OF
R 91-590
LIGHTS AND DECORATIVE MOSAICS UNDER I-
7/25/91
395 OVERPASS ON BISCAYNE BOULEVARD AND
36 STREET.
(B) (Continued Discussion) GRANT
FUNDING REQUEST ($250,000, FROM CDBG
FUNDS) BY NORTHEAST TASK FORCE
NEIGHBORHOOD ASSOCIATION FOR
BEAUTIFICATION OF BISCAYNE BOULEVARD
(See label 37).
42.
GRANT FUNDING REQUEST ($10,000) BY THE
R 91-591
153
BAKEHOUSE ART COMPLEX, CONTINGENT UPON
7/25/91
SAID GROUP OBTAINING MATCHING SUM ON A
THREE -TO -ONE BASIS.
43.
SECOND READING ORDINANCE: AMEND 10544
ORDINANCE
154-163
(MCNP) FUTURE LAND USE MAP - CHANGE
10902
_
LAND USE DESIGNATION AT 2557 - 2613
7/25/91
S.W. 1 STREET FROM DUPLEX RESIDENTIAL
TO RESTRICTED COMMERCIAL (Owner /
Applicant: Cruz & Cruz / William
Randle). (See label 44).
44.
DISCUSS AND TEMPORARILY TABLE
DISCUSSION
164-165
CONSIDERATION OF PROPOSED SECOND
7/25/91
READING ORDINANCE AMENDING 11000 ATLAS
AT 2557-2613 S.W. 1 STREET FROM R-2 TO
C-1 (See labels 43 and 46).
45.
SECOND READING ORDINANCE: AMEND 10',,44
ORDINANCE
165-166
(MCNP) FUTURE LAND USE MAP - CHANGE
10903
LAND USE DESIGNATION AT 3560 MAIN
7/25/91
HIGHWAY FROM RESTRICTED COMMERCIAL TO
SINGLE FAMILY RESIDENTIAL (Applicant:
Planning, Building & Zoning Dept.)
46.
(Continued Discussion) SECOND READING
ORDINANCE
ORDINANCE: AMEND 11000 ATLAS - CHANGE
10904
DESIGNATION AT 2557-2613 S.W. 1 STREET
7/25/91
FROM R-2 TWO FAMILY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL, AND REMOVING THE
SD-12 OVERLAY DISTRICT (Owner /
Applicant: Cruz & Cruz / William
Randle) (See label 44).
47.
SECOND READING ORDINANCE: AMEND 11000
ORDINANCE
ATLAS - CHANGE DESIGNATION AT 3560 MAIN
10905
HIGHWAY FROM SD-2 COCONUT GROVE CENTRAL
7/25/91
COMMERCIAL DISTRICT TO R-1 SINGLE
FAMILY RESIDENTIAL (Applicant:
Planning, Building & Zoning Dept.).
48.
SECOND READING ORDINANCE: AMEND 10544
ORDINANCE
(MCNP) FUTURE LAND USE MAP - CHANGE
10906
LAND USE DESIGNATION AT 302-312 N.W. 9
7/25/91
AVENUE FROM MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL TO MAJOR PUBLIC FACILITIES,
TRANSPORTATION AND UTILITIES
(Applicant: Victoria Hospital).
49.
SECOND READING ORDINANCE: AMEND 11000
ORDINANCE
ATLAS - CHANGE DESIGNATION AT 302-312
10907
N.W. 9 AVENUE FROM R-3 MULTIFAMILY
7/25/91
MEDIUM DENSITY RESIDENTIAL TO G/I
GOVERNMENT AND INSTITUTIONAL
(Applicant: Victoria Hospital).
50.
CLOSE, VACATE, ABANDON AND DISCONTINUE
R 91-592
PUBLIC USE OF PORTIONS OF: (a) N.W. 37
7/25/91
& 38 STREETS LYING EAST OF THE EAST
RIGHT-OF-WAY LINE OF N.W. 19 AVENUE AND
WEST OF THE WEST RIGHT-OF-WAY LINE OF
N.W. 17 AVENUE; (b) N.W. 18 AVENUE
LYING SOUTH OF THE SOUTH RIGHT-OF-WAY
LINE OF N.W. 39 STREET AND NORTH OF
NORTH RIGHT-OF-WAY LINE OF N.W. 36
STREET; AND (c) NORTH -SOUTH ALLEY IN
BLOCK BOUNDED BY N.W. 38 AND 39 STREETS
AND N.W. 18 AND 19 AVENUES (Tentative
Plat No. 1386-A: Miami Jackson High
School) (See label 31).
51.
DIRECT MANAGER TO TAKE NECESSARY STEPS,
R 91-593
INCLUDING THE SCHEDULING OF PUBLIC
7/25/91
HEARINGS, WHICH WILL RESULT IN VACATION
AND CLOSURE OF ALL STREETS AND ALLEYS
WITHIN: AREA BETWEEN N.W. 67 AND 71
STREETS FROM N.W. 10 AVENUE TO N.W. 12
AVENUE (AUTHORIZATION SUBJECT TO
APPROVAL BY DADE COUNTY SCHOOL BOARD,
AS PROPERTY OWNER, TO CONVEY TO CITY
PORTION OF BOARD -OWNED PROPERTY
COMPRISED OF 200' X 250' IN EAST HALF
OF BLOCK BETWEEN N.W. 11 AND 12 AVENUES
FROM N.W. 66 TO 67 STREETS) (See label
31).
52.
FIRST READING ORDINANCE: AMEND 11000
ORDINANCE
ATLAS - CHANGE DESIGNATION AT 31
first reading
TAMIAMI CANAL ROAD FROM R-1 SINGLE
7/25/91
FAMILY RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL (Applicant: Planning,
Building & Zoning Dept.).
166-171
171-172
172-173
174
175-176
176-179
179-180
11
53. DISCUSS AND CONTINUE CONSIDERATION OF
PROPOSED RESOLUTION TO TRANSMIT
APPLICATION FOR DEVELOPMENT APPROVAL TO
SOUTH FLORIDA REGIONAL PLANNING COUNCIL
AND FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS, FOR SUFFICIENCY REVIEW, WHICH
PLAN PROPOSES TO: (a) AMEND THE
SOUTHEAST OVERTOWN / PARK WEST MASTER
DEVELOPMENT ORDER (FOR PERIOD 1988-
2007); (b) AMEND THE INCREMENT
DEVELOPMENT ORDER (FOR PERIOD 1988-
1994, EXTENDING BUILD -OUT DATE TO
1997); AND (c) ADOPT INCREMENT II
DEVELOPMENT ORDER (FOR PERIOD 1992-
1999, ADVANCING COMMENCEMENT OF
INCREMENT II TO 1992) - DIRECT
ADMINISTRATION TO WORK WITH REGINALD
BARKER (Continued to September 26th).
54. SUPPORT REQUEST FROM RESIDENTS IN
MELREESE GOLF COURSE AND GRAPELAND
HEIGHTS PARK AREAS - INSTRUCT
ADMINISTRATION NOT TO CONSIDER OR ENTER
INTO NEGOTIATIONS FOR SALE OF MELREESE
GOLF COURSE OR GRAPELAND HEIGHTS PARK.
(See label 30)
55. DENY APPEAL AND UPHOLD ZONING BOARD'S
DECISION TO GRANT VARIANCE TO PERMIT
EXISTING WOOD ACCESSORY STRUCTURE AT
235 S.W. 22 ROAD (Owners: Robert R. &
Maria L. Lugo; Applicants: Luis A.
Castro & Raul R. Garcia).
56. SECOND READING ORDINANCE: AMEND 11000
ZONING TEXT, BY AMENDING ARTICLE 4 TO
PERMIT CONTRACTOR'S AND ROAD BUILDING
EQUIPMENT IN C-2 DISTRICTS - PROVIDE
FOR OPEN STORAGE OF BOATS AND VEHICLES
(Applicant: Planning, Building &
Zoning Dept.).
57. FIRST READING ORDINANCE: AMEND 11000
TEXT, BY AMENDING ARTICLE 4 ZONING
DISTRICTS, PR PARKS, RECREATION AND
OPEN SPACE DISTRICT, PERMITTED
PRINCIPAL USE, PERMITTED ACCESSORY
USES, AND CONDITIONAL ACCESSORY USES,
TO RECOGNIZE EXISTING MARINAS AND
ANCILLARY FACILITIES - PROVIDE THAT
ACCESSORY USES WILL REQUIRE NEW MARINAS
AND SPECIAL EXCEPTION APPROVAL; R-1
THROUGH R-4 RESIDENTIAL DISTRICTS TO
PROVIDE EXCEPTION TO HOUSEBARGE
PROHIBITION; C-1 RESTRICTED COMMERCIAL
DISTRICT, PERMITTED PRINCIPAL USES, TO
ALLOW TEMPORARY OCCUPANCY OR PRIVATE
PLEASURE CRAFT (EXCEPT IN LITTLE RIVER
CANAL), TO PERMIT CONDITIONAL ACCESSORY
USES, OCCUPANCY OF PRIVATE PLEASURE
CRAFT AS LIVING QUARTERS; EXCLUDE S3ME
SPECIFIC USES; PROHIBIT OCCUPANCY OF
PRIVATE PLEASURE CRAFTS AS LIVING
QUARTERS IN ALL RESIDENTIAL DISTRICTS -
ADD NEW SECTION 940: HOUSEBARGE
EXCEPTION, TO PROVIDE FOR
GRANDFATHERING, PERMITS, INSPECTION,
NAVIGATIONAL CLEARANCE, SIZE, etc.
M 91-594
7/25/91
M 91-595
7/25/91
R 91-596
7/25/91
ORDINANCE
10908
7/25/91
ORDINANCE
first
reading
7/25/91
180-190
190-192
192-203
203-205
205-235
58.
(A) EMERGENCY ORDINANCE: AMEND CODE
ORDINANCE 236-241
SECTIONS 62-61 AND 62-62 BY CONFORMING
10909
NOMENCLATURE OF DISTRICTS,
ORDINANCE
CLASSIFICATIONS, PERMITS AND NOTICES
first reading
FROM FORMER ZONING ORDINANCE (9500) TO
7/25/91
EXISTING ZONING ORDINANCE (11000) -
INCREASE / DELETE FEES IN REGARD TO
REQUESTS FOR ADMINISTRATIVE ACTION
CONCERNING SUCH CLASSIFICATIONS AND
PERMITS.
(B) FIRST READING ORDINANCE; AMEND
CODE SECTION 2-75 (PLANNING, BUILDING
AND ZONING FEES) - REQUIRE ANNUAL
ACCESSORY USE CERTIFICATE FOR
HOUSEBARGES ON MIAMI RIVER - ESTABLISH
ANNUAL CERTIFICATE FEE.
59.
FIRST READING ORDINANCE: AMEND 11000
ORDINANCE 241-245
ATLAS - CHANGE DESIGNATION AT 1820-2010
first reading
S.W. 17 AVENUE & 1700-1753 S.W. 19
7/25/91
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.).
60.
(A) APPEAL OF ZONING BOARD'S DECISIONS
DISCUSSION 246-248
WITHDRAWN BY APPELLANTS IN CONNECTION
7/25/91
WITH CONVERSION OF COMPLEX (USED BY
HOWARD HUGHES MEDICAL INSTITUTE) TO A
PRIMARY AND SECONDARY SCHOOL AT 3645
MAIN HIGHWAY (Owners: Howard & Gloria
Scharlin; Appellants: (a) Coconut Grove
Civic Club, Pan Courtelis, Tucker
Gibbs, Ted Stahl; (b) South Grove
Homeowners Association.
(B) CITY COMMISSION (COMMISSIONER DE
YURRE) DIRECTS ADMINISTRATION TO STUDY
FEASIBILITY OF CLOSING INGRAHAM HIGHWAY
AT LEJEUNE ROAD BETWEEN 8:00-9:00
A.M. - REQUEST RECOMMENDATION TO BE
PRESENTED AT PUBLIC HEARING.
61.
VICE MAYOR PLUMMER REQUESTS
DISCUSSION 248
COMMISSIONERS AND ADMINISTRATION TO
7/25/91
SEND HIM ANY AVAILABLE DATA 'IN
CONNECTION WITH THE SPECIAL MEETING SET
FOR SEPTEMBER 5, 1991, CONCERNING
POLICE DEPARTMENT.
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 25th day of July, 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 9:13 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
ALSO PRESENT:
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
Cesar Odio, City Manager
Jorge L. Fernandez, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez. Vice Mayor Plummer then
led those present in a pledge of allegiance to the flag.
= ------------------------------------------------------------------------------
1.
PRESENTATIONS, PROCLAMATIONS & SPECIAL ITEMS.
(A) PROCLAMATION: CALLING ON AMERICA DAY - TO FURTHER GOALS OF EQUAL
PARTICIPATION IN ALL ASPECTS LIFE BY THE DISABLED.
(B) INTRODUCTION: MR. HSU-FU HUANG, TAIWAN DIRECTOR, COORDINATION
COUNCIL FOR NORTH AMERICAN AFFAIRS.
(C) PROCLAMATION: DIA DE ANGEL MARTIN - FOR ACHIEVEMENTS IN RADIO /
TELEVISION / ENVIRONMENT CONSERVATION.
_ ------------------------------------------------------------------------------
1.
Proclamation to: "Calling on America Day", a campaign to further the
goals of full and equal participation of citizens with disabilities in all
aspects of life.
2.
Introduction of: Mr. Hsu-Fu Huang, Taiwan, new Director for the
Coordination Council for North American Affairs. Requested by Vice -Mayor
J.L. Plummer, Jr.
3.
Proclamation to: Dia de Angel Martin, for his achievements in radio and
television and for his dedication towards the conservation of the
environment.
1 July 25, 1991
0 I�
2. GRANT REQUEST BY FIRE DEPARTMENT FOR CLOSURE OF DESIGNATED STREETS
CONCERNING A CHILDREN'S HORSE PARADE, AS PART OF FIRE PREVENTION WEEK -
WAIVE FEES.
Vice Mayor Plummer: Mr. Mayor, are we taking up pocket items?
Mayor Suarez: You have any emergencies, Mr. Vice Mayor?
Vice Mayor Plummer: Oh, yes, extreme emergencies, sir. On October the 4th,
1991, the Miami Fire Fighters are having a horse parade down from Flagler
Street from Bayfront Boulevard? Where the hell is that? OK, and they would
like the permission, I'm assuming to close the streets that are necessary and
waive any City fees that are involved. Bayfront Park, the Fire Department,
the Police Department, and Solid Waste are all being a part of this as part of
the parade. So it's not a matter of getting them to come in, and what they're
asking for is the street closures and any other City fees that would be
waived, and I so move, sir.
Mayor Suarez: So moved.
Commissioner De Yurre: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-555
A RESOLUTION RELATED TO THE FIREFIGHTERS CHILDREN'S
HORSE PARADE TO BE CONDUCTED BY THE FIREFIGHTERS
BENEVOLENT ASSOCIATION ON FRIDAY, OCTOBER 4, 1991;
AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO
THROUGH VEHICULAR TRAFFIC; SUBJECT TO THE ISSUANCE OF
PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE
AND INSPECTION SERVICES; WAIVING ALL CITY FEES ALLOWED
TO BE WAIVED BY CITY CODE; FURTHER CONDITIONING ALL
APPROVALS AND AUTHORIZATIONS GRANTED HEREIN UPON THE
ORGANIZERS PAYING FOR THE NECESSARY COSTS OF CITY
SERVICES ASSOCIATED WITH SAID EVENT AND OBTAINING
INSURANCE TO PROTECT THE CITY IN THE AMOUNT PRESCRIBED
BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
2
July
25,
1991
3. APPROVE, IN PRINCIPLE, REQUESTS FOR CODESIGNATION OF STREETS IN HONOR OF
RALPH RENICK AND CHARLES WHITED -- REFER TO CODESIGNATION REVIEW
COMMITTEE.
Commissioner De Yurre: Mr. Mayor...
Vice Mayor Plummer: Mr. Mayor, you're aware, of course, of the pass...
Commissioner De Yurre: What's this? How many you got?
Vice Mayor Plummer: Really, I got two more. We're all very much aware of the
passing of Ralph Renick who was as much a part of this town as anything. It
has been requested through my office that we consider and send to the memorial
committee naming a street in his honor. And I would, at this time, move that
we approve in principle and send to the memorial committee the name of Ralph
Renick for a codesignation of a street for Ralph Renick Way. And I so move at
this time.
Commissioner De Yurre: I'll second with the addition that we also include one
for Charles Whited, like I mentioned last time. I think he deserves
recognition also.
Vice Mayor Plummer: I think we did that at the last meeting, yes.
Mayor Suarez: So moved and seconded. I had not known, I guess not been
around as long as you have, that he was also a pioneer in the nation in terms
of editorial commentary on the new shows. But I certainly had enough contact
with Mr. Renick to come to appreciate his integrity and his decency as a human
being, and we're pleased to vote favorably on this motion.
Vice Mayor Plummer: Mr. Mayor, for the last five years, I had the opportunity
to see the other side of Ralph Renick, not the newsman and the journalist that
we all knew and respected, but he and I both appeared in the journalist Ribs
and Roast every year, and it was always a pleasure to be with him through all
of the arduous rehearsals that we went through, and the parties that we had
thereafter. So, I was able to see the other side of the gentleman which was
absolutely a fine guy. So I so move, Mr. Mayor.
Commissioner De Yurre: Second.
Mayor Suarez: So moved and seconded. Any further discussion? If not, please
call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 91-556
A MOTION APPROVING, IN PRINCIPLE, REQUESTS FOR
CODESIGNATION OF APPROPRIATE STREETS IN HONOR AND
MEMORY OF: RALPH RENICK AND CHARLES WHITED; FURTHER
REFERRING SAID REQUESTS TO THE CODESIGNATION REVIEW
COMMITTEE FOR THEIR EVALUATION AND RECOMMENDATION.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
Vice Mayor Plummer: Mr. Mayor, my final item this morning under Sister City
Program...
Commissioner De Yurre: It's a special, three for a quarter.
Mayor Suarez: You know, I just want to say one last thing...
Vice Mayor Plummer: Sure.
Mayor Suarez: Besides everything else, Arthur, since I know you've been
promoting this codesignation of the street in the memory and tribute to Ralph
Renick. Besides everything else, he was a heck of a nice guy.
Commissioner Alonso: He was indeed.
Mayor Suarez: Just a decent human being. Someone you want to spend time
with, and very positive and may the good news continue, is all I can say about
some of the other media handling of issues in this community as compared -
contrasted to - Ralph Renick. I'm sorry, I interrupted you, Mr. Vice Mayor.
Vice Mayor Plummer: They should learn.
4. AUTHORIZE SALE OF TWO SURPLUS PUMPER TRUCKS TO SISTER CITY SANTO DOMINGO,
DOMINICAN REPUBLIC, TO BE USED BY CUERPO NACIONAL DE BOMBEROS, IN FIRE
FIGHTING EFFORTS.
Vice Mayor Plummer: Mr. Mayor, under the Sister City Program, this is a
little bit different. The City of Miami has two surplus fire trucks, but this
is for sale to Santo Domingo, not as a gift. And I would move at this time:
THEREUPON, VICE MAYOR PLUMMER READ THE RESOLUTION INTO THE PUBLIC
RECORD, BY TITLE ONLY.
I so move, sir.
Mayor Suarez: So moved.
Commissioner De Yurre: Second for discussion purposes.
Mayor Suarez: Seconded. Any discussion?
Commissioner Dawkins: Under discussion.
Mayor Suarez: Yes, Commissioner...
Commissioner De Yurre: Now, do we need an RFP because we're selling something
or not?
Vice Mayor Plummer: Not under the Sister City.
Commissioner De Yurre: Well, can we check with... We don't need that, Legal
Department?
Vice Mayor Plummer: Not under... No, the policy of this City Commission...
Commissioner De Yurre: Well, I'm asking the Legal Department.
Vice Mayor Plummer: Oh, I'm sorry.
Commissioner Dawkins: That is the Legal Department.
Commissioner De Yurre: Yes...
Commissioner Dawkins: Go right ahead, Legal Department. You go right ahead,
you're the Legal Department.
Mr. Jorge Fernandez: I don't believe we do...
Commissioner Dawkins: No, I was talking to the other Legal Department.
July 25, 1991
Mr. Fernandez: ...need to put those out through the bidding process, but I'll
ensure that that position is correct.
Commissioner De Yurre: OK, great.
Commissioner Dawkins: OK, under discussion. Twenty-seven dollars for two...
twenty-seven thousand for two or $27,000 each?
Vice Mayor Plummer: For two, sir.
Commissioner Dawkins: Some wanted to know so when I sell them to Haiti, I
know what we're getting for each one of them.
Vice Mayor Plummer: I'm sorry.
Commissioner Dawkins: I just want to know so when I sell some to Haiti I know
what the price is per unit.
Vice Mayor Plummer: Sir, as I told you...
Commissioner Dawkins: I say, I know, I know, I know.
Vice Mayor Plummer: No, no, 11 sten to me. I told you before that I will
assist you in trying to get some for free. OK.
Mayor Suarez: So moved and...
Commissioner De Yurre: All I know is that when Cuba is free, I'll be making
the motions to send the stuff over there. That's my country.
Vice Mayor Plummer: As long as you're there to receive it.
Commissioner De Yurre: You've got Haiti, you've got Dominican Republic...
Vice Mayor Plummer: As long as you're there to receive it, we'll send it.
Commissioner Dawkins: If you are not the Minister of Sanitation, we will send
nothing to Cuba.
Mayor Suarez: I'll entertain motions on who should be the ministers of a
liberated Cuba at this point. We have a motion and a second. Any discussion?
If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-557
A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO SELL TO SISTER CITY OF SANTO DOMINGO, IN
THE DOMINICAN REPUBLIC, AFTER THE EXECUTION OF THE
APPROPRIATE RELEASE DOCUMENTS, TWO (2) SURPLUS PUMPER
TRUCKS AT THE NEGOTIATED TOTAL PRICE OF $27,0009
EXCLUSIVE OF TRANSPORTATION AND SHIPPING COSTS, SAID
EQUIPMENT TO BE USED BY THE CUERPO NACIONAL DE
BOMBEROS OF THE SISTER CITY OF SANTO DOMINGO IN ITS
FIRE FIGHTING EFFORTS, AS PROVIDED IN SEC. 18-51.4 OF
THE CITY CODE, AS AMENDED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
5 July 25, 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.
5. DISCUSSION CONCERNING FINANCIAL FEASIBILITY OF OBTAINING APPRAISALS AT:
716 S.W. 15 AVENUE, 1520 S.W. 7 STREET, AND 1530 S.W. 7 STREET, IN
CONNECTION WITH THE LITTLE HAVANA SPECIALTY CENTER PROJECT (Reschedule
for first Regular Commission Meeting in September).
Mayor Suarez: All right, folks...
Commissioner De Yurre: My turn.
Mayor Suarez: ...to the agenda. Commissioner De Yurre.
Vice Mayor Plummer: Mr. Mayor, the only other thing...
Commissioner De Yurre: My turn, my turn.
Vice Mayor Plummer: No, no. No, no. It's not a pocket item.
Commissioner De Yurre: Oh, you got another one?
Vice Mayor Plummer: Not a pocket item.
Commissioner De Yurre: What?
Vice Mayor Plummer: Mr. Mayor, I will recall that I asked you about item 13 a
soon as the pocket items are finished.
Mayor Suarez: Yes, please.
Commissioner Dawkins: They're not finished though.
Vice Mayor Plummer: The young lady has to go back to court.
Mayor Suarez: We will go on to that at your request.
Commissioner Dawkins: We're not finished with the pocket items.
Mayor Suarez: OK, Commissioner De Yurre.
Commissioner De Yurre: Well, these are emergency items. We kind of changed
the terminology.
Vice Mayor Plummer: Emergency.
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: Mr. Mayor, as you recall, about two - a good two
months ago - we had Elio Rojas of the Latin Quarter come before us with a
proposal that we look into the possibility of creating the configuration by
closing 15th Avenue, and purchasing land between 15th and 16th Avenues. And
we ordered the administration to start doing appraisals of the lands and the
properties west of 15th Avenue. For some reason, 716 S.W. 15th Avenue, 1520
S.W. 7th Street, and 1530 S.W. 7th Street have yet to be done, and that's
important because we have, you know, contracts that have been negotiated to a
degree, and we need to get these appraisals done so we can follow through and
come back in September with a final recommendation. So I move that... or just
instruct the administration to follow through with our prior resolution of
taking the appraisals on these properties.
6
July 25, 1991
Vice Mayor Plummer: Which properties now, in particular, Victor?
Commissioner De Yurre: This is, you know, 15th Avenue. The idea was to close
off 15th Avenue, taking that land that we already have and what we can
!' assemble east of 15th Avenue, and just purchasing enough on the west side of
15th Avenue to complete the 3 acres that we're looking for.
Commissioner Alonso: Mr. Mayor...
Vice Mayor Plummer: Al right, I need to ask - excuse me - I need to ask a
question.
:r
1G Mr. Odio: I need to ask a question. OK.
Vice Mayor Plummer: OK. Mr. Bailey...
Mr. Herb Bailey: Yes.
Vice Mayor Plummer: And I'm asking you because I'm assuming it's your
department more than anyone.
Mr. Odio: It is.
Vice Mayor Plummer: OK. Have you personally or anyone under your direction,
been making any offers for property on the west side of 15th Avenue?
Mr. Odio: No, no. Mr. Rojas has been making offers.
Vice Mayor Plummer: OK, I received a call from one of the property owners who
I've known for a lifetime who indicated that the City - I'm telling you the
indication...
Mr. Odio: Mr. Rojas was here...
Vice Mayor Plummer: ...that the City had been negotiating with them to buy
property.
Mr. Odio: No, sir. What happened is...
Vice Mayor Plummer: So I want to get on the record, because I told this
individual, to the best of my knowledge, that the City had not in any way...
Now, let me tell you - excuse me, let me go one step further - that this
individual said to me that the City had done two appraisals already on their
property.
Mr. Odio: No, let me... Can I brief you for a second?
Vice Mayor Plummer: Sure.
Mr. Odio: We were instructed to do two appraisals on that furniture store
across from Tower Theater. That was done...
Mayor Suarez Presumably these are the ones that the motion encompasses.
Mr. Odio: Right, right.
Mayor Suarez: OK.
Mr. Odio: Well, what he's talking about is behind the furniture store that
faces 7th Street.
Commissioner Alonso: Seventh Street.
Mr. Odio: And he came to see me yesterday, and briefed me that he had made
offers to the furniture store... am I correct?
Mayor Suarez: In case we need to clarify, Mr. Rojas, let us clarify that you
are not to make any offers to anybody, or act on behalf of the City or in any
way imply that we're going to buy any properties. If we get an appraisal and,
you know, we act or not act on it, it is the prerogative of this Commission
and the City of Miami, not any one particular group. So be very, very
careful. Unless Commissioner De Yurre needs or any of the other Commissioners
7 July 25, 1991
needs for you to testify, that should suffice as a clear indication to you and
for the record that we're not, right now, in the effort of buying properties.
We're just considering things and always within the constraint - this is, I've
told you and I'm sure the rest of the Commissioners have - of the funds that
we have available. Be very, very careful not to act, in any way, on behalf of the City. Do you have... No, wait...
Vice Mayor Plummer: Well, Mr. Mayor, let me clarify this, please. Of the two
properties that you've just mentioned, Mr. Manager...
Mr. Odio: There's one next... yes.
Vice Mayor Plummer: ...is not the one that the people called me on. OK?
Mr. Odio: Which one is it, Commissioner?
Vice Mayor Plummer: It's on the corner.
Mr. Odio: That's the furniture store.
Vice Mayor Plummer: No, sir, this is a vacant store.
Mr. Odio: A what?
Vice Mayor Plummer: It's vacant.
Commissioner Alonso: It is the one that used to be a clinic and then Mr.
Capoy had it as a store.
Mr. Odio: Well, right, but it's continued to the...
Vice Mayor Plummer: It's right on the corner. OK?
Mr. Odio: Yes, we have not made any offers. He has made the offers.
Vice Mayor Plummer: They have an offer - just for your information - they
have an offer from a major department store who wants to buy that property.
OK?
Commissioner Alonso: Let them buy it.
Mr. Odio: See, we didn't know that.
Vice Mayor Plummer: Well, OK.
Mayor Suarez: Sounds like a good deal to me.
Vice Mayor Plummer: I'm just saying to you they're just sitting back in
abeyance, but they received a phone call...
Commissioner Alonso: I'm delighted.
Vice Mayor Plummer: ...indicating that the City was going to buy it, and even
a price was offered, is when they called me. So, I'm just clearing up the
record.
Commissioner Dawkins: OK, I mean, Mr. Mayor... Mr. Mayor, I'm for moving the
agenda...
Mayor Suarez: Yes, please.
Commissioner Dawkins: The Commissioner asked a question. The Manager has
answered that question in the negative, and I don't see no point in continuing
to discuss this to get more negativism.
Mayor Suarez: Right, and on the motion, Mr. Man...
Mr. Rojas: I would like a...
Mayor Suarez: Sir, you're not being recognized. You're not part of this
Commission right now. On the motion... please, on the appraisals, let's get
then done. I mean, I'm inclined to grab the phone this afternoon or at lunch
8 July 25, 1991
r�
time and start calling appraisers and saying - MAI (Member of the Appraisers
Institute) or not MAI or anybody - and say, are you will to give us and able
to give us an appraiser - appraisal - within a week, or within a week and a
half or two weeks? And I'm sure they would all say, yes. Don't embarrass the
administration by having this Commission have to do that, please.
Commissioner Alonso: Mr. Mayor, several things. First of all...
Mayor Suarez: Yes, Commissioner Alonso.
Commissioner Alonso: Do we have the money to buy the properties? I see no
point in using the taxpayers money to do appraisals in properties that we know
quite well we don't have the money to purchase. I don't see the point in
doing so, and I would like to hear from the administration. If we have the
funds to acquire any or all of these properties, and if not, I'm not certain
this is the right time to move to appraise properties that we know quite well
we don't have the funds to acquire. Do we have the funds?
Mr. Odio: No. If we go ahead and close the offer that we had made to the
Tower Theater, under your instructions, that would take away from buying any
other properties behind the furniture store. We do have the funds to buy that
corner and the next door thing. But I would suggest that we don't do that...
Commissioner Alonso: But we have the appraisals for those properties.
Mr. Odio: Yes, we have the appraisals for... I would suggest that we do not
buy those unless you could buy the ones behind it that face 7th Street. If
not, you don't have enough land to do anything there.
Commissioner De Yurre: What do we have as far as the Tower Theater?
Mr. Odio: Well, to ahead.
Mr. Bailey: We made an offer to the owners, and we're waiting for their
response. They have accepted our offer tentatively. There was an error in
the calculations. We sent it back for correction.
Commissioner De Yurre: Well, what is the purchase price?
Mr. Bailey: We have offered $388,000.
Commissioner De Yurre: OK, and where is that money coming from?
Mr. Bailey: That is the money that we have already that has been set aside
for the Latin Quarter.
Mayor Suarez: Part of the 1.7 million?
Commissioner De Yurre: That is not part of the 1.7.
Mr. Bailey: It is part of the 1.7.
Commissioner De Yurre: Not all of it.
Mr. Bailey: It's not all of it, no.
Commissioner De Yurre: How much of that is part of the 1.7?
Mr. Bailey: Three hundred and eighty-eight thousand dollars.
Commissioner De Yurre: How much?
Mr. Bailey: Three hundred and eighty-eight thousand.
Commissioner De Yurre: No, no, no, no. Wasn't the deal that the State of
Florida or the group that wanted to...
Vice Mayor Plummer: That was a pay back.
Commissioner De Yurre: ...get involved in that - they were going to get like
a hundred and fifty thousand dollars from the state, a grant.
9 July 25, 1991
Mr. Bailey: That was not for acquisition.
Commissioner De Yurre: That was that?
Mr. Bailey: That was not for acquisition. That was for renovations. The
money from the State of Florida. We have another $300,000 that we have
included in the 1.7 which is involved in the Tower Theater and our
negotiations with the Off -Street Parking for that vacant site. Those two
properties alone, if we were to pay Off -Street Parking their asking price,
would take up all of the money.
Mayor Suarez: Are we... do we have before us a motion to implement what we
previously agreed to do?
Mr. Odio: No.
Mayor Suarez: What did we previously instruct you to do, Mr. Manager...
Mr. Odio: We were...
Mayor Suarez: ...in regards to these appraisals?
Mr. Odio: We were instructed to get appraisals on this property here. OK?
We have done that. We have done that.
Mr. Bailey: We have all...
Mr. Odio: Now, the only way that this land would be worth buying would be if
you could obtain these three lots back here, and that's what...
Mayor Suarez: OK, so is it your recommendation that we get appraisals on
those three lots north of the Tower Theater there?
Mr. Odio: The only way you can put this... anything together, is by buying
those, but we don't have enough money to buy them at this time.
Mayor Suarez: Is it worth it to get the appraisals? That's where we are now.
Mr. Bailey: No.
Commissioner De Yurre: It's got to be worth it. You know, how much can that
land be worth? You know, I don't think we're talking about an excessive
amount of money. Until we find out what it's available, then, you know, this
plan is contingent on purchasing that whole square right there. Now, how much
money are we talking about to do an appraisal?
Vice Mayor Plummer: I can tell you on this map, OK? -very quickly. This
parcel right here is where I got the phone call from.
Commissioner Dawkins: OK, thank you, that's what I'm trying to get to, now...
Vice Mayor Plummer: And they were told that the City had already done
appraisals and a price was offered to them.
Commissioner Dawkins: All right, OK, all right...
Commissioner De Yurre: Is that the Villa? Is that Diego Villa?
Vice Mayor Plummer: All right, now, I'm saying, this is the one here that, in
fact, they have negotiations with a major department store.
Commissioner Dawkins: They who now, J.L.?
Mr. Odio: We didn't make the offer, he made the offer.
Vice Mayor Plummer: The owners, the owners of the property.
Commissioner De Yurre: Is that the corner of 7th?
Vice Mayor Plummer: That is 15th and 7th. I'm sorry, 15th and 8th. Right on
the corner, Victor.
10
July 25, 1991
__ _
.:q: i CS#5 iu!9S9t
i
Commissioner De Yurre: No, no, you're looking the other way, aren't you?
Commissioner Dawkins: You know, as a... —
Commissioner De Yurre: Well, what are you looking at?
Vice Mayor Plummer: But, wait a minute, I'm sorry.
Mayor Suarez: Mr. Rojas, sir.
Commissioner Alonso: No, no, you are talking about 8th Street.
Vice Mayor Plummer: No, I'm sorry.
=� Mr. Odio: No, no, no, we're talk... this one.
Commissioner Dawkins: You know what, Mr. Manager.
Vice Mayor Plummer: This one here?
y Mr. Odio: We made an offer on this one.
Vice Mayor Plummer: This one, but that's back on 7th Street.
Mr. Odio: That was back six...
Vice Mayor Plummer: I'm sorry, I stand corrected. -
Mayor Suarez: All right, apparently he's helped you, so I'm not going to rule
him out of order even though he's...
Vice Mayor Plummer: Mr. Mayor.
Mayor Suarez: Yes?
Vice Mayor Plummer: It is this property here that I'm talking about.
Commissioner Alonso: Yes, the City has been involved with that property.
Commissioner Dawkins: That the City has made an offer on?
Mr. Odio: Yes, it would, because we had appraisals and that's part of the...
what we were trying to put together on this site.
Commissioner Dawkins: So this gentleman is correct?
Mr. Odio: Yes. We were talking about the wrong...
Commissioner De Yurre: Mr. Mayor, I have a motion. And, you know, I'd like
to get the appraisals on those other three properties.
Mayor Suarez: Let's address the motion. The motion, Commissioner De Yurre,
is that the Commission proceed to get appraisals on two other properties...
Commissioner De Yurre: On three other properties.
Mayor Suarez: ...I believe the Manager has said three other properties. The
Manager has said that it is incumbent upon us, if we're going to buy the one
property that we already had the appraisal for, to get... to at least
contemplate buying those other three. That's, you know...
Commissioner Dawkins: Second the motion whatever it is. Call the roll.
Mayor Suarez: What is the cost of the appraisals for those three?
Mr. Bailey: They vary, Mr. Mayor, depending on...
Mayor Suarez: Roughly, Herb, I mean, I want to know what we're voting on.
Mr. Bailey: Well, they could run $8,000 to $10,000.
Mayor Suarez: They're small properties, aren't they? -those three?
11 July 25, 1991
Mr. Bailey: Yes, the could run anywhere from $8,000 to $10,000 for a property
depending on the degree of the appraisal.
Commissioner De Yurre: Per property? -Jesus Christ.
Mayor Suarez: The money for the appraisals comes off the 1.7 million that's
earmarked.
Mr. Bailey: It doesn't usually, it comes from our budget for which we don't
have much money left to do appraisals really.
Commissioner Dawkins: Call the roll.
Mayor Suarez: Just identify where the money comes from.
Commissioner Dawkins: Go right ahead. Go ahead, Mr. Mayor.
Mayor Suarez: Mr. Manager, are you going to rec... recommending that the
money come from the 1.7 million?
Mr. Odio: I'd rather do that, yes, sir.
Mayor Suarez: OK, so moved and seconded. Any discussion on the motion? If
not... yes?
Vice Mayor Plummer: Well, here again, have we answered Miriam's question? If
we get the appraisals and the price is right, do we have the money to buy it?
Mr. Bailey: The answer...
Vice Mayor Plummer: Hey, you know...
Commissioner Dawkins: And if we... Mr. Mayor, let me say something, since we
aren't going to stop discussing this. If we are determined to revitalize S.W.
8th Street, and there is a firm desirous of purchasing a corner to put up
anything on it - whether it's a furniture market, meat market, a grocery
store - why aren't we encouraging that firm to go in there and put something
in there that's going to help develop the area, instead of us running around
here trying to find appraisals about what the money is to stop the people from
buying it. I don't understand what we're doing. Now, somebody help me.
Vice Mayor Plummer: Well, the answer to that is simple to this extent. It's
not a finalized deal. It is really, at this point, just a negotiation from a
major.
Commissioner Dawkins: Well, let him nego... well, tell him I say to please
continue to negotiate. Don't stop them from negotiating. Negotiate it, I
will help them.
Commissioner Alonso: Of course.
Commissioner Dawkins: And if they got some money... see, everybody is down on
me and this Commission. If they got some money like Mr. Braman, we will make
them a loan that they can also get a low interest loan to do it just like Mr.
Braman doing on Biscayne Boulevard. OK?
Vice Mayor Plummer: You had to bring that up.
Mayor Suarez: Do you need the appraisals to be able to figure out a proper
configuration that would make sense there, and a sufficient amount of land
assembly that will make the project work?
Mr. Bailey: Mr. Mayor, I submit to you that even if we did the appraisals, I
don't think there would be any possibility in the very near future of us
acquiring the properties. And getting the appraisals only gives us a tool to
negotiate. We've done this, we've been doing this now for a couple of years.
We get an appraisal, and that just gives us our guideline to come to you, but
the property owners almost always want more than what the appraisal is. But
we really don't have any more money. If we buy the Tower Theater and if we go
through with the Off -Street Parking site, all the money is gone. And we'll do
the appraisal, but I can't assure you that we'll be able to do an acquisition.
July 25, 1991
0 0
Commissioner Alonso: It seems to me that if we approve today these
appraisals, and we do the appraisal as Mr. Herb Bailey says, we don't have the
money to acquire the property. Even if we get the money to appraise the
properties and we buy the properties, then all we do is remove the properties
from the tax roll. Then we allow the property to sit there because we don't
have any project at the present time, and we don't have private people to go
along with the City of Miami on this project to make it work. So, I'm not
sure I understand the point, and we hear that private people are willing to
look into this property. As Commissioner Dawkins said, why don't we get with
them and encourage them to move on - whoever they are - and help them in the
process? I think that makes much more sense than our moving on and doing
things that are not really helping the area. The theater, yes, let's get it,
let's buy that property, fix it, and help the area. But continue to buy - we
know what we got, a piece of vacant land across from Domino Park sitting
there, people dreaming for ten years, and now we are going to move ahead and
ten more years of vacant land, removal from the tax roll, and nothing happens.
To me, this is wrong. I cannot go along with this, and I don't see the value
for the citizens of Miami of doing so at this time. I really don't see it.
If anyone has any clear picture of anything different of what I see, please
let me see it, because I really want to do the best for the area.
Mayor Suarez: You may want to withdraw the motion and...
Commissioner De Yurre: Well, the beauty of it all is that there is no clear
picture for anything.
i
Commissioner Alonso: I beg your pardon?
Mayor Suarez: You may want to withdraw the motion and... wait...
Commissioner De Yurre: Where is the money going to come from to refurbish the
Tower Theater?
Mr. Bailey: We've got a grant from the state. —
Commissioner De Yurre: For how much?
Mr. Bailey: A hundred and fifty thousand.
Commissioner De Yurre: How much...would that...
Mr. Bailey: Is it two -fifty? I'm sorry, I've been corrected, it's two -fifty.
Commissioner De Yurre: How much would it cost to refurbish the Tower Theater?
Mr. Bailey: We don't know yet because we have... _
Commissioner De Yurre: We don't know yet, right? We don't know yet.
Mr. Bailey: No, we don't. No, we don't.
Commissioner De Yurre: Where is the money going to come from? -we don't know
yet either.
Mr. Bailey: Well, we have a budget of two -fifty to work within.
Commissioner De Yurre: How much Manuel Artime cost?
Mr. Bailey: How much did the Artime Center...
Commissioner De Yurre: Manuel Artime cost?
Commissioner Alonso: Between five and seven hundred thousand.
Vice Mayor Plummer: More.
Commissioner De Yurre: No, more like $900,000.
Vice Mayor Plummer: Way over that.
Commissioner De Yurre: Well?
13 July 25, 1991
Vice Mayor Plummer: Way over that. Over a million.
Commissioner De Yurre: Into the million? Over a million.
Commissioner Alonso: Well, now that we mention the Manuel Artime...
Commissioner De Yurre: OK.
Commissioner Alonso: Let me tell you something. I think there was a lot of
waste of money on that property. Because many of the things that were done,
they will have to be changed because the other night I was there, the lights
are wrong, the sound is horrible, and it has to be fixed. And that was
because it was done - I don't know who did that, but whoever did it, something
was very, very wrong.
Mayor Suarez; Do you want to withdraw the motion until the next meeting?
Commissioner De Yurre: Well, how are you going to vote? - and I'll tell you
if I'm going to withdraw it or not.
Mayor Suarez: To spend...
Commissioner De Yurre: You know, the thing is, you're talking about we don't
know where the money is coming from. We have no idea where the refurbishing
money is going to come from either. And, you know, if we're talking about
"pie in the sky," we're talking about "pie in the sky" for everything that
we're discussing here.
Commissioner Alonso: Mr. Commissioner...
Commissioner De Yurre: If you're going to buy... If I may finish speaking,
please. If we're going to buy the Tower Theater for $388,000, we have no idea
what it's going to cost to refurbish it, I can't vote to purchase something if
we don't know what the bottom line is going to be. And nobody here has any
idea what the bottom line is going to be or where the money is going to come
from. So, if we're talking about "pie in the sky," then we're talking about
"pie in the sky" for everything, and then we need to consider whether we
purchase anything at all, or what do we do? We have a community here that for
years like she just mentioned, for ten years they've been dreaming about
building something there, and there have been a tot of snags that have been
happening. This, we had a meeting here last time, whenever the issue came up,
and the concept was to purchase west of 15th Avenue with the idea of closing
15th Avenue down. You cannot purchase the front end if you don't purchase the
back end. And all I'm moving for... and if we vote yes, I want the vote.
Either it happens or it doesn't happen, and this will be the end of that. I
have a motion, and I'd like vote on it, and we move on.
Commissioner Alonso: Mr. Mayor, I'd like to say something...
Mayor Suarez: Commissioner Alonso.
Commissioner Alonso: ...to that effect. The two cases are not alike. We
have something very concrete. We have owners willing to sell the property.
We have a grant from the state to start reconstruction of the theater. If you
ask any merchant or neighbor in that area what will be the one thing that will
help that area, everyone will mention to you the Tower Theater. Is that
right, Mr. Rojas?
Mr. Elio Rojas: Yes, the Tower Theater, along with the specialty center.
That's what we would looking for. The Tower is magnificent, it will be great.
Commissioner Alonso: Sir. Sir. Are you going to tell me that in order to be
successful, the theater has to be tied with the specialty center? Do you want
me to te11 you something? It's very unlikely that the specialty center is
going to happen in the very near future. And you know quite well, as well as
I do, because I even live in that neighborhood. That the specialty center is
just a dream. A dream that I would like to see, but very unlikely.
Especially in the kind of times that we have in front of us today. And the
City of Miami, like you people, merchants and people living in the area, we
all have to be realistic and address the issues that we know that we can do.
The people of the area would rather have something concrete than a thousand
14 July 25, 1991
0
dreams that will never happen. And I think that ten years is a long long
time. And we acquire land, then what?
Mr. Rojas: I would like to say one thing, Mr. Mayor.
Mayor Suarez: Well, since she directed the question at you, I suppose we may
as well let you say something. It certainly wasn't my intention to get into
this to this extent.
Mr. Rojas: Like the Commissioner Alonso said, we are waiting for more than
ten years for that's a dream. Of course that's a dream. But we are looking
very hard to investment to come to the area. They are willing to come, but
first, we have to give it something. I am very, very hurried. I am working
very hard, working very hard, to get the pictures to you to show you people
how we are doing. We are trying... let me clarify something. I never, never
talk about City of Miami. I talk about Latin Quarter myself. If anybody else
come to you, Mr. Plummer, Commissioner Plummer, to tell the City of Miami
tried to buy something, that empty lot on 15th Avenue, that's City of Miami
make the operation of six, seven months ago, maybe a year. These guys come to
me with the photocopy of the corporation which I promise to you tomorrow if
you want to. OK? And see what they say. This is the only ones. The rest of
the people, I have the corporation in my name, the Latin Quarter's name, under
somebody else's name. That's the way I do it. I never, and I will not can
never will do...
Mayor Suarez: All right, but be careful because...
Mr. Rojas: ...this mention City of Miami being bought on this.
Mayor Suarez: ...because when you say that you spoke on behalf of the Latin
Quarter, about the only legal entity that I know exists that people are...
think that have some substance, is the Latin Quarter Advisory Board. It's an
architecturally defined area of the City of Miami. If you use... I know you
have an association with that name, people might think that you have some
lawful power to acquire properties or to build a project or something, and
that's very problematic.
Commissioner Alonso: Mr. Mayor...
Mayor Suarez: So be careful with that. Commissioner Alonso.
Commissioner Alonso: Mr. Mayor. You said you have an appraisal for that
property?
Mr. Rojas: Yes, I do have an appraisal...
Commissioner Alonso: How much it is?
Mr. Rojas: I do have an appraisal done by the City of Miami.
photocopy for the...
Vice Mayor Plummer: See, that's where the confusion is coming.
Mr. Odio: You're talking about the wrong property, Elio.
Commissioner Alonso: We have an appraisal?
Mr. Rojas: Excuse me?
Mr. Odio: You are talking about the wrong property.
Mr. Rojas: No...
Mr. Odio: She's asking you for the one behind the furniture store.
I get a
Commissioner Alonso: No, I'm talking about behind 7th Street. Do you have an
appraisal?
Mr. Rojas: No 7th Street, I don't have anything.
Commissioner Alonso: You don't have, you don't have.
15
July 25, 1991
.. _..... ...
Mr. Rojas: That's what I'm requires now.
Commissioner Alonso: OK, no, because...
Mayor Suarez: All right, thank you for clarifying what appraisals you don't
have. All right. Mr. Manager, are these appraisals - back to the motion -
useful in trying to decide the overall scheme of acquisition for the area or
not?
Mr. Odio: If you want to know what that whole thing is going to cost you, you
need to do appraisals, no question about it. But if we are not... if we don't
have the money to proceed in the purchase, I'm kind of caught...
Vice Mayor Plummer: You know, the problem that you have...
Mr. Odio: We need to know how much it...
Vice Mayor Plummer: ...is if you find that out and it's two years before you
get the money, then the appraisals of no value, you got to go get new ones.
Mayor Suarez: Well, all of this to me was always premised, and I spoke to Mr.
Elio about it, to Mr. Rojas about it on the constraint of 1.7 million dollars.
That's how much we had. So, I mean, within that constraint does it make sense
to get these appraisals or not?
Mr. Odio: If you can... and this is theoretically, if you can buy the
furniture store and the other one next door, the only way that land would be
worth anything is if you buy the ones behind it.
Mayor Suarez: If you had sufficient land assembly. Of course, that is the
question.
Mr. Odio: That's the only way you could do something there.
Mayor Suarez: So you're giving me a conditional answer to a conditional
question. All right...
Mr. Odio: My problem is that...
Vice Mayor Plummer: Well, nobody has a crystal ball, Mr. Mayor. That's the
problem.
Mayor Suarez: Yes, but it would have been eminently reasonable to expect, by
now, a specific recommendation of a configuration by the City Manager's office
that would fit within the constraints of 1.7 million dollars so that we would
know how to act. All of us cannot be involved in negotiating a project for an
area that's been waiting for it for ten years. By now, you would have thought
that there would be one configuration that you all would tell us, this is the
one that makes sense. If we can't do it, we have to step away and go
somewhere else.
Vice Mayor Plummer: Well, the one that made sense we can't do.
Mr. Odio: The only...
Mayor Suarez: No, it made sense within the constraint of 1.7 million dollars.
Mr. Odio: That's what I mean. If we go ahead with the Tower Theater, you do
not have enough money to buy this.
Commissioner De Yurre: But what if we don't go ahead with the Tower Theater?
Mr. Odio: Then that's policy decision.
Commissioner De Yurre: Well then, we don't know which way we're going to go.
Mr. Odio: That is a policy decision.
Commissioner De Yurre: Since we don't know which way we're going to go, then
I think we need to explore this.
Mr. Odio: That's what I mean, it's your decision.
16
July 25, 1991
........_ .... .
_
i
=tl
1
Mr. Bailey: I would just like to say that we do have a configuration as to
what we think we could buy. There is a matter of negotiating with property
owners, there has been some resistance. But everything east of 15th Avenue,
we have made some offers and we've had some indication from property owners on
their willingness to accept or not accept. I think the west side came into
being when it was found out that the people on the east side of 15th were
resisting to sell. But our configuration was always on the east side.
Mayor Suarez: Of course, Herb, we've been through that.
Mr. Bailey: Yes, so we do have that configuration.
Mayor Suarez: We tried to acquire the property east of 15th Avenue. It's
=t
been God knows how many months, how many Commission meetings...
Vice Mayor Plummer: How many years.
Mayor Suarez: ...how many meetings with staff. It always came up to like 2.3
million dollars and some figure way in excess of 1.7, and we were looking at
west of 15th because then 15th comes into the act. Fifteenth then can be
closed and you have additional land assembly. And you include the Tower
1
Theater. Commissioner Dawkins - and I think we'd better vote on this...
f
Commissioner Dawkins: Mr. Manager.
Mr. Odio: Yes, sir.
Commissioner Dawkins: Commissioner De Yurre made a motion to get appraisals
on the property. We have discussed this long enough. I am ready to vote.
a
What is your recommendation? That we go out for the appraisal or that we
don't? I would like a simple yes or no, sir, so that I can ask the Manager to
call the roll and we could vote.
Mr. Odio: You know, Commissioner, if I may, this is quite complicated,
because on one hand, I'm hearing that there is an important company trying to
move into that front property. If that's the case, we should encourage that.
It's not... I would suggest we wait on the appraisals another...
Commissioner Dawkins: So, your recommendation is not to get the appraisal.
Mr. Odio: I would suggest we wait until the meeting of September. If by that
time we haven't heard from this major company that wants to move in there,
that then we move ahead, see if we can put that block together for the Latin
_
Quarter.
Commissioner Dawkins: That's your rec... well then...
Mr. Odio: I recommend we wait until September to get the appraisal...
Commissioner Dawkins: Now, I'm going to ask my question again so that we are
all on the same wave length, OK?
Mr. Odio: Again, it's...
Commissioner Dawkins: Commissioner De Yurre has asked... there's a motion on
the floor to pay for appraisals on the property. Is your recommendation to go
forth with the appraisals or not to go forth with the appraisals?
Vice Mayor Plummer: Not at this time.
Mr. Odio: My recommendation would be to wait until the meeting of September.
If, by that time...
Commissioner Dawkins: So I assume in English that means, no, not to go
further.
Mr. Odio: Right, right.
Commissioner De Yurre: Are you saying then that - let's put it this way
then - if we haven't heard from a contract being made concrete with that
property, then automatically, September 1st, the appraisals go get done.
17 July 25, 1991
' Mr. Odio: I would recommend that we do that.
f
Commissioner De Yurre: OK, then, that will be the motion.
Mayor Suarez: The motion has changed to be conditional on not having a deal
as to the Tower Theater property.
Commissioner De Yurre: No, no, no, the furniture store being contracted and
sold.
Mayor Suarez: Oh, you mean, that it would be bought by a private... once
again, my recommendation to you...
Vice Mayor Plummer: I can tell you it won't be.
Mayor Suarez: ...Commissioner, is to withdraw the item and give more time to
the administration, to all of us, to be absolutely sure that this makes sense.
In the meantime, you have a little bit more than 30 days in which we will know
whether the other deals are going through or not.
Commissioner De Yurre: I want to vote on this. Let's get it over and done
with.
Mayor Suarez: All right, OK. So we have a motion and a second. Any further
discussion? If not, please call the roll.
Vice Mayor Plummer: Wait a minute, this is automatic on September the 1st
without Commission approval or the first meeting?
Mayor Suarez: No, no... well, the... unless he formally restates his motion
and gets a second, the basic motion is to proceed with the appraisals. Do you
want to try a conditional one?
Commissioner De Yurre: I'll make it conditional. On September 1st, if
there's no contract on the property that the furniture store, then on that
deal that J.L. was talking about, then we go ahead and get the appraisals on
September 1st.
Vice Mayor Plummer: I'll go along with it coming back before this Commission
on September the 5th. And then this Commission will make that decision. I
don't want automatic...
Commissioner Alonso: Meeting on the 5th.
Mayor Suarez: We have a special session.
Vice Mayor Plummer: See, the problem is, even if they go back to negotiation
today with this major company, it's not going to be completed by September
1st. I mean, they just don't do things like that overnight. So, I would say,
I will vote for bring it back on September the 4th then we'll make that
decision.
Commissioner Dawkins: September 4th or 5th, J.L.?
Mayor Suarez: Fifth.
Vice Mayor Plummer: I'm sorry, the 5th. The next Commission meeting.
Mr. Jorge Fernandez: That's a specially called Commission meeting just for
Police Department issues, so you mean the 12th.
Vice Mayor Plummer: All right, I'm sorry, then on the 12th.
Mayor Suarez: All right, we have a motion and no second that is identical to
the motion. If you want to make yours as a substitute motion...
Commissioner De Yurre: Listen, J.L....
Mayor Suarez: ...or you want to restate yours?
Vice Hayotr Plummer: No, Victor...
18 July 25, 1991
k
R'
^I'
Commissioner De Yurre: No, no, let's go back to my original one. You know,
if it dies, you know, if we don't get the three votes, that's fine. I want
the appraisals, yea or nay, and that's it. Just call the roll.
Mayor Suarez: OK, the motion is restated and has a second which is to proceed
to appraise the three properties in question. So moved and seconded. Any
discussion? If not, please call the roll.
Mr. Manuel Gonzalez-Goenaga: Who said that there is no discussion?
Mayor Suarez: No, no. You've not been recognized, sir.
Mr. Gonzalez-Goenaga: Oh, sorry.
ON MOTION DULY MADE BY COMMISSIONER DE YURRE AND
SECONDED BY COMMISSIONER DAWKINS, THE ABOVE MOTION
FAILED BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
NOES: Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: I have to vote no.
Mayor Suarez: That's great, that's lovely.
Vice Mayor Plummer: The wisdom of Solomon.
Mayor Suarez: No, I vote no on that motion. I need to know more with the
configuration in question can be fit within the constraints that we have.
COMMENTS MADE FOLLOWING ROLL CALL:
Vice Mayor Plummer: Well, let me make a motion then so there will be no
misunderstanding that this matter be scheduled for September the 12th meeting
for further discussion by this Commission.
Commissioner Alonso: Second.
Mayor Suarez: The motion is?
Vice Mayor Plummer: That this item be scheduled for September the 12th for
further discussion by this Commission.
Mayor Suarez: So moved. Seconded. Any discussion? If not, please call the
roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 91-558
A MOTION RESCHEDULING FOR FURTHER DISCUSSION, AT THE
FIRST REGULAR COMMISSION MEETING IN SEPTEMBER, THE
ISSUE OF FINANCIAL FEASIBILITY OF OBTAINING ADDITIONAL
APPRAISALS CONSISTENT WITH M 91-375 (PURSUANT TO
REQUEST BY OWNER OF SAID PROPERTIES) FOR THE
PROPERTIES LOCATED ON: (a) 716 S.W. 15 AVENUE, (b)
1520 S.W. 7 STREET, AND (c) 1530 S.W. 7 STREET, IN
CONNECTION WITH THE LITTLE HAVANA SPECIALTY CENTER
PROJECT.
Alonso, the motion was passed and
July 25, 1991
Ll
•
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
6. EXECUTE AGREEMENT: NORA SWAN FOR PROFESSIONAL SERVICES RELATED TO
PLANNING AND IMPLEMENTATION OF PROMOTIONAL ACTIVITIES FOR ENHANCEMENT OF
FILM, TELEVISION, AND RECORDING INDUSTRIES IN MIAMI ($20,000 PLUS $5,000
OUT-OF-POCKET EXPENSES).
------------------------------------------------------------------------------
Commissioner Dawkins: Mr. Mayor, I have one pocket item.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Mr. Mayor, I have a request that we renew the
professional services contract with Nora Swan who has been busy in attempting
to recruit film work for Miami and I ask the Commissioner responsible for the
Trade Board if the Trade Board has a recommendation.
!;
Vice Mayor Plummer: Mr. Mayor, I'm very pleased to tell you that
the
International Trade Board completely and unanimously endorsed the concept.
We
feel that the film industry in this community is a very clean industry. It
is
a very good spending industry, and Nora Swan has been standing at
the
forefront of that and the board recommended that the contract be renewed.
'j
THEREUPON, COMMISSIONER DAWKINS PARTIALLY READ THE RESOLUTION INTO
THE PUBLIC RECORD, BY TITLE ONLY.
Mr. Herb Bailey: It's twenty-five.
Vice Mayor Plummer: It's twenty-five, Mr. Dawkins, I believe.
Mr. Bailey: Twenty-five thousand.
Commissioner Dawkins: It's twenty thousand for the contract services and
five
t
thousand dollars for out of pocket expenses.
Vice Mayor Plummer: OK, it's still twenty-five total.
Commissioner Dawkins: Is that correct, Mr...
Mr. Bailey: Yes, that's correct. Thank you, I'm sorry.
Vice Mayor Plummer: I second the motion.
Mayor Suarez: Moved and seconded. Any discussion? Is it a one year...
Commissioner Dawkins: One year, yes, sir, Mr. Mayor.
Vice Mayor Plummer: Yes, sir.
Mr. Bailey: It's one year contract, yes.
Mayor Suarez: Call the roll.
20
July 25, 1991
{
The following resolution was introduced by Commissioner Dawkins, who
i
moved its adoption:
RESOLUTION NO. 91-559 =
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
FORM ATTACHED, WITH NORA SWAN, AN INDIVIDUAL, IN AN
AMOUNT NOT TO EXCEED $20,000 FOR PROFESSIONAL SERVICES
RELATED TO THE PLANNING AND IMPLEMENTATION OF
PROMOTIONAL ACTIVITIES FOR THE ENHANCEMENT OF FILM,
TELEVISION AND RECORDING INDUSTRIES IN THE CITY OF
MIAMI, FOR A ONE YEAR PERIOD COMMENCING SEPTEMBER 19
1991, PLUS OUT OF POCKET EXPENSES BILLED AT COST NOT
TO EXCEED AN AMOUNT OF $5,000, FURTHER AUTHORIZING
COMPENSATION FOR SERVICES FROM MONIES ALLOCATED IN THE
'?
DEPARTMENT OF DEVELOPMENT 1990-91 FISCAL YEAR BUDGET.
(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
=i
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: Item CA-1 through CA-7 constitute a consent agenda. If anyone
wishes to be heard on any of these items...
Mr. Manuel Gonzalez-Goenaga: Yes, Mayor.
Commissioner Dawkins: Pull item 3 for discussion.
Mayor Suarez: Wait a minute. Commissioner Dawkins would want a clarification
on item CA-3. Any others from the Commission?
7. APPROVE, IN PRINCIPLE, BEAUTIFICATION OF MEDIAN STRIP OF SOUTH BAYSHORE
DRIVE WITHIN THE COCONUT GROVE SPECIAL EVENTS DISTRICT.
Vice Mayor Plummer: Mr. Mayor, the only... I'd ask for item 13. It's, I
don't think, any kind of a controversial. It's to do something good for the
City. It's the Coconut Grove Festival Committee that you know that we
appointed. And they want to take on the beautification of the median strip
here on Bayshore Drive from twenty.... Vicky Leiva.
Ms. Vicky Leiva: From 27th Avenue to McFarlane.
Commissioner Dawkins: If I can move it without hearing from Tucker Gibbs,
I'll move it.
Mayor Suarez: Looks like you just went right outside of the consent agenda.
You're talking about regular item 13?
Vice Mayor Plummer: Yes, sir.
Commissioner Dawkins: No, just regular item 13.
21 July 25, 1991
Mayor Suarez: All right, the consent agenda is off for consideration for the
moment, and we're on item 13.
Commissioner Dawkins: I'll move it, J.L.
Vice Mayor Plummer: I'll second it.
Mayor Suarez: Moved and seconded.
Commissioner Dawkins: Yes, but I don't want to hear from Tucker Gibbs.
Mr. Manuel Gonzalez-Goenaga: Mr. Mayor, please.
Mayor Suarez: Or Ted Stahl.
Mr. Gonzalez-Goenaga: You got me more confused than ever.
Mayor Suarez: Wait, wait.
Mr. Gonzalez-Goenaga: What about the consent agenda?
Mayor Suarez: Let me unconfuse you a little bit. I am sorry that we took
item 13 when we were discussing the consent agenda. We're on item 13 so
unless you have any problems with item 13...
Vice Mayor Plummer: Call the roll.
Mayor Suarez: Hopefully not with the fact that it is item 13. Some people
don't like that number. Otherwise, we like that number here at City Hall.
Moved and seconded. Any discussion? If not, please call the roll.
Vice Mayor Plummer: Just for the record.
Commissioner Dawkins: Yes.
Vice Mayor Plummer: These are monies that have come from the Coconut Grove
Festival Committee, as you know, with the surcharge that were attached and
this is the first project of that committee to put something back into Coconut
Grove that is taken out by all the activity of festivals and such, and I think
they're to be commended.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-560
A RESOLUTION APPROVING, IN PRINCIPLE, THE
BEAUTIFICATION OF THE MEDIAN STRIP OF SOUTH BAYSHORE
DRIVE WITHIN THE COCONUT GROVE SPECIAL EVENTS DISTRICT
AND AUTHORIZING THE EXPENDITURE OF FUNDS FROM THE
COCONUT GROVE SPECIAL EVENTS DISTRICT FUND FOR SAID
PROJECT.
(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
None.
None.
22
July 25, 1991
0 0
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: In spite of Ted Stahl.
COMMENTS MADE FOLLOWING ROLL CALL:
Ms. Leiva: Thank you.
-------------------
8. CONSENT AGENDA.
Mayor Suarez: OK, the consent agenda, other than item CA-3 which Commissioner
Dawkins wants clarification, is ready to be voted on collectively. If anyone
wishes to be heard...
Mr. Manuel Gonzalez-Goenaga: Yes, Mr. Mayor.
Mayor Suarez: Which one, Mr. Gonzalez-Goenaga?
Mr. Gonzalez-Goenaga: I want to be heard on CA-2, CA-3, CA-4, and CA-4.
Mayor Suarez: All right, on those three, why don't you make your comments
into the record, and, hopefully, they will be the same as to all three because
that's what we intend to... OK?
Mr. Gonzalez-Goenaga: OK. My name is...
Vice Mayor Plummer: Mr. Mayor, I'm asking that CA-6 be pulled.
Mayor Suarez: I'm sorry, all right.
COMMENTS ON CA-2:
Mr. Gonzalez-Goenaga: My name is Manuel Gonzalez-Goenaga. I am a new
resident of the City of Miami in the Vietnam area. My telephone number is
private, and I don't remember it. Next time, I will give you the exact
address because I know how to get there, but I don't know the exact numerical
thing. It's in the 7th Street and 8th Avenue, in that area. Weil, CA-2 is
that the Police Department is asking to print an annual report, a beautiful
annual report probably, to promote a positive image of the Miami Police
Department in the community and on a national level. Friends, Commissioners,
this is like the annual report of a private corporation because whatever... if
that annual report come truthfully, if that annual report is not going to
mislead this community and the national, about the situation of the Police
Department in Miami, if it is going to be totally truthful how they are
dealing with the communities, how they arrest innocent and clean people.
Otherwise you can rest assured that if you publish an annual report that is
misleading, not giving the good, the bad, and the evil of the Police
Department, I will sue the City of Miami under a class action for fraud. Just
like it is done with the shareholders of a private corporation when they
receive misleading annual reports.
Mayor Suarez: All right, thank you for your comments. On item CA-1 through
7, with the exception of 3 and 6, do I have a motion?
Commissioner Dawkins: Move.
Mayor Suarez: Moved and seconded.
Vice Mayor Plummer: May I inquire on that particular item, Mr. Mayor. Mr.
Manager - hello - is there any requirement that says that we have to put out
that beautiful bound book? I mean, what is that book for? This is $7,000 and
I realize when you're talking $250,000,000, that seven is a drop in the
bucket. But I'm stopping to think how many meals that might buy. Is there
any requirement...
...that says that we have to do that?
23
July 25, 1991
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Mr. Odio: No.
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Commissioner Dawkins: But is there any reason why you would not do it in an
effort to enhance or remove the negative image that's like the that's just
been printed about the Miami Police Department? Is there any reason why we
would not print something informative with facts in it that would, perhaps,
let some people see that the Miami Police Department isn't as negative as some
people say it is? It's worth $7,000 for me for that, J.L.
Vice Mayor Plummer: If I thought we accomplished that for $7,000, I wouldn't
even question. But I don't necessarily agree that that's the name of the
game. You know last night, if most of you didn't see 48 Hours, I think that
that was free.
Commissioner Dawkins: We have other things to do other than watch TV.
Vice Mayor Plummer: We11, let me tell you, it was on the City of Miami
Department nationwide on training, and I'll tell you, I would love to have
that program duplicated every night on TV, because it was very positive for
this community. I still seriously question, do we have to spend $7,000 to
publish this report? If it is a requirement, then let's do it. But I've
raised this question before every year, OK?
Commissioner Dawkins: OK, no problem. Call the roll.
Vice Mayor Plummer: You all do what you want.
Mayor Suarez: On the items that were included in the consent agenda, we have
a motion and a second. Any further discussion? If not, please call the roll.
Vice Mayor Plummer: On CA-2 or the total agenda?
Mayor Suarez: It's all except CA-3 and 6.
Mr. Gonzalez-Goenaga: Excuse me, Mayor. I have to speak independently of CA-
3 and CA-4.
Mayor Suarez: Go ahead, quickly, make your comments.
Mr. Gonzalez-Goenaga: On CA-2, I again say, that if that re...
Mayor Suarez: No, no, no, CA-2 you're finished. CA-3 and CA-4.
COMMENTS ON CA-3:
Mr. Gonzalez-Goenaga: CA-3. I see an amendment number five asking for
$20,000 or $21,000 more for the auditors. Now, I would like to know the total
amount, with all the amendments, that cost to audit the City of Miami, please.
Because this is misleading unless the community gets the overview of all the
amount and a11... because I presume that this amendment number five, the
auditors have asked in number four for an additional money, number three,
number one. What's the total amount that these auditors charge the City of
Miami to audit the books of the community?
Mayor Suarez: OK, we have your question. We'll answer it if we deem proper.
Anything else you want to say?
Mr. Gonzalez-Goenaga: Do we know? Because how can you intelligently approve
this amendment number five for an additional $20,000 if you don't know...
Mayor Suarez: Anything further on either consent agenda item three or four?
Commissioner Dawkins: Come right in and sit down.
Mr. Gonzalez-Goenaga: Number four.
Commissioner Dawkins: All you Booker T. Washington students come on in and sit
down.
Mayor Suarez: Anything further on either three or four, sir, before we vote?
24
July 25, 1991
COMMENTS ON CA-4:
i
Mr. Gonzalez-Goenaga: I don't understand CA-4, and I don't know if you
understand it, these Commissioners. Could you explain it to me, please?
Because allocating grant of $15,000, I do not understand that.
Mayor Suarez: OK, anything further on any of those items?
Mr. Gonzalez-Goenaga: No, I would like to have an understanding on CA-4, and
since you people know about it, could you explain it?
Mayor Suarez: Anything further? Any statement further that you want to make?
Mr. Gonzalez-Goenaga: 1 will make it after I understand it.
Mayor Suarez: All right, please have a seat then. Call the rol1 on the
consent agenda, with the exception of CA-3 and CA-6.
Vice Mayor Plummer: No, Mr. Mayor, excuse me, I asked 6 to be pulled.
Mayor Suarez: CA-3 and CA-6 I just said.
Vice Mayor Plummer: Oh, just those two items?
Mayor Suarez: Yes.
Vice Mayor Plummer: You're going to have to take them separately for my vote.
Mayor Suarez: Right.
Commissioner Dawkins: Yes, we are.
Commissioner Alonso: Yes, yes.
Vice Mayor Plummer: OK.
Mayor Suarez: Call the roll on the consent agenda.
ON MOTION DULY MADE BY COMMISSIONER DAWKINS AND
SECONDED BY VICE MAYOR PLUMMER THE CONSENT AGENDA,
WITH ABOVE CITED EXCEPTIONS, WAS APPROVED BY THE
FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: For everything but...
Commissioner Dawkins: C, three and...
Ms. Hirai: Three and six.
Vice Mayor Plummer: Three, four and six.
Mayor Suarez: Three and six. Oh, OK, all right.
25
July 25, 1991
8.1 PURCHASE 927 LINEAR FEET OF FLORIADE STANDARD TUBULAR (STEEL PICKET)
FENCE, FROM FENCE MASTERS, INC. ($53,150) - ALLOCATE FUNDS (Citywide
Neighborhood Park Renovation Program / CIP 331053).
RESOLUTION NO. 91-561
A RESOLUTION AUTHORIZING THE PURCHASE OF 927 LINEAR
FEET OF FLORIADE STANDARD TUBULAR (STEEL PICKET)
FENCE FROM FENCE MASTERS, INC., UNDER EXISTING DADE
COUNTY BID NO. 1405-2/89-2 AT A TOTAL PROPOSED COST
NOT TO EXCEED $53,150.00; ALLOCATING FUNDS THEREFOR
FROM THE CITYWIDE NEIGHBORHOOD PARK RENOVATION
PROGRAM/CAPITAL IMPROVEMENT PROJECT NO. 331053,
ACCOUNT CODE NO. 589301-830; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THIS ACQUISITION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
8.2 ACCEPT BID: SOLO PRINTING, INC. FOR PRINTING 1990 POLICE ANNUAL
REPORT ($6,900) (Department of General Services Administration and Solid
Waste, Graphics Reproduction Division).
RESOLUTION NO. 91-562
A RESOLUTION ACCEPTING THE BID OF SOLO PRINTING,
INC. FOR THE PRINTING OF THE 1990 POLICE ANNUAL
REPORT FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE, GRAPHICS
REPRODUCTION DIVISION AT A TOTAL PROPOSED AMOUNT OF
$6,900.00; ALLOCATING FUNDS THEREFOR FROM THE 1990-
91 POLICE DEPARTMENT, ACCOUNT CODE NO. 290201-680;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS SERVICE, SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
8.3 EXECUTE AGREEMENT ($15,000): DAVID M. GRIFFITH AND ASSOCIATES, LTD., TO
PREPARE A CENTRAL SERVICES COST ALLOCATION PLAN TO SUPPORT RECOVERY OF
ADMINISTRATIVE COSTS FROM GRANTS AND OTHER FUNDING SOURCES FOR FY 190.
RESOLUTION NO. 91-563
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE FIRM OF DAVID M. GRIFFITH &
ASSOCIATES, LTD., TO PREPARE A CENTRAL SERVICES COST
ALLOCATION PLAN TO SUPPORT RECOVERY OF
ADMINISTRATIVE COSTS FROM GRANTS AND OTHER FUNDING
SOURCES FOR FISCAL YEAR 1990, WITH FUNDS THEREFOR
BEING ALLOCATED IN AN AMOUNT NOT TO EXCEED $15,000,
FROM SPECIAL PROGRAMS AND ACCOUNTS, ACCOUNT NO.
921002-270.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
26
July 25, 1991
El
0
1
8.4 ACCEPT GRANT ($25,000): STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
HIGHWAY BEAUTIFICATION COUNCIL THROUGH DOWNTOWN DEVELOPMENT AUTHORITY
(DDA), TO PROVIDE LANDSCAPE / STREETSCAPE IMPROVEMENTS ON S.W. 8 STREET
BETWEEN I-95 AND S.W. 3 AVENUE - SUBJECT TO MATCHING FUNDS ($30,000) TO
BE PAID BY DDA AND BRICKELL AVENUE ASSOCIATION.
RESOLUTION NO. 91-564
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING A GRANT IN
THE AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS ($25,000)
FROM THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION HIGHWAY BEAUTIFICATION COUNCIL
THROUGH THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA")
TO PROVIDE LANDSCAPE/STREETSCAPE IMPROVEMENTS ON
SOUTHWEST EIGHTH STREET BETWEEN I-95 AND SOUTHWEST
THIRD AVENUE, MIAMI, FLORIDA, SUBJECT TO MATCHING
FUNDS ($30,000) TO BE PAID BY DDA AND THE BRICKELL
AVENUE ASSOCIATION; AND AUTHORIZING THE CITY MANAGER
TO EXECUTE THE NECESSARY AGREEMENTS, IN
SUBSTANTIALLY THE ATTACHED FORM HERETO, TO IMPLEMENT
THE PROGRAM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
8.5 ACCEPT PLAT: EDISON TERRACE.
RESOLUTION NO. 91-565
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED "EDISON TERRACE", A SUBDIVISION IN THE CITY
OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE
PLAT AND STREET COMMITTEE, AND ACCEPTING THE
DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND
DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE
THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID
PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
------------------------------------------------------------------------------
9. BRIEFLY DISCUSS AND TEMPORARILY TABLE PROPOSED RESOLUTION CONCERNING
EXECUTION OF AMENDMENT NO. 5 TO AGREEMENT WITH DELOITTE AND TOUCHES
CERTIFIED PUBLIC ACCOUNTANTS, IN ASSOCIATION WITH: (a) SHARPTON, BRUNSON
AND COMPANY, PA; (b) VERDEJA, IRIONDO AND GRAVIER; AND (c) WATSON AND
COMPANY, PA - FOR RENDERING ARBITRAGE REBATE COMPUTATION SERVICES (See
label 20).
------------------------------------------------------------------------------
Mayor Suarez: Yes, item 3, CA-3.
Commissioner Dawkins: Mr. Manager...
Mayor Suarez: We've had your comments already in the record, Mr. Gonzalez-
Goenaga. Commissioner Dawkins wanted to inquire, clarify.
Mr. Odio: Yes, sir.
Commissioner Dawkins: Thank you. I don't need no help from you, thank you.
Mr. Manuel Gonzalez-Goenaga: I heard my name. I want to see...
Mayor Suarez: Just clarifying that you've already made your comments and they
are reflected in the record on CA-3, thank you. You may sit.
27
July 25, 1991
Commissioner Dawkins: Before I begin, I'd like to welcome our students from
Booker T. Washington who annually come down here during the summer. Since the
school board has no money, I'm going to see if they can't provide lunch next
year when you come. So come next year prepared to have lunch with us. CA-3,
Mr. Manager.
NOTE FOR THE RECORD: At this point, Commissioner
Dawkins recognizes the presence of students from
Booker T. Washington school in the Chambers.
Mr. Odio: Yes, sir.
Commissioner Dawkins: I would like for this to come back either this
afternoon or at the following meeting, whichever is convenient for you, and I
see where this is amendment number 5. I want to see in amendment 4, how many
dollars Sharpton and Brunson got out of that.
Mr. Odio: Yes, sir, I understand.
Commissioner Dawkins: In amendment number 2, how many dollars they got out of
it. In amendment 3, how many dollars they got out of it, amendment 4, how
many dollars they got out of it, and what their percentage of amendment 5 will
be.
Mr. Odio: Yes, sir. Can we do that before this afternoon so that...
Commissioner Dawkins: Anytime you can bring it to me and show it to me, I'll
accept it.
Mr. Odio: OK, sir. We'll do it before this afternoon, I hope.
Commissioner Dawkins: All right, all right, Mr. Mayor, we'll bring this back.
I'd like to table this until this afternoon, please.
Mayor Suarez: All right, CA-3 is tabled until the afternoon.
------------------------------------------ •------------------------------------
10. ACCEPT GRANT ($10,780): STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
HIGHWAY BEAUTIFICATION COUNCIL THROUGH DOWNTOWN DEVELOPMENT AUTHORITY
(DDA), TO PROVIDE LANDSCAPE / STREETSCAPE IMPROVEMENTS ON S.W. 8 STREET
BETWEEN W./S.W. 1 AVENUE AND E./S.W. 1 AVENUE - SUBJECT TO MATCHING FUNDS
($34,856) FROM DDA AND BRICKELL AREA ASSOCIATION - EXECUTE AGREEMENTS.
------------------------------------------------------------------------------
Mayor Suarez: CA-6.
Vice Mayor Plummer: Mr. Mayor.
Mayor Suarez: Vice Mayor Plummer.
Vice Mayor Plummer: Mr. Mayor, I'm concerned and I realize that this is a
grant, and this isn't the actual work. But remembering history of what the
DDA did on Flagler Street with the tiles, and how many lawsuits we got out of
women who caught their high heels in the tiles, I would want to put a
stipulation that prior to the commencement of any kind of construction, that
we have the approval of this City Commission so that we don't get back into
the same situation that existed before where time and time again they had to
go back downtown and redo that so-called beautiful project that turned into a
disaster. So all I'm saying is, to the DDA, we accept the grant but before
you start anything at all that this Commission must be aware and approve any
expenditures of that money.
Mayor Suarez: All right, with that proviso on CA-6.
Commissioner Dawkins: Move.
28
July 25. 1991
Mr. Matthew Schwartz: Commissioner Plummer...
Vice Mayor Plummer: Second.
Mr. Schwartz: ...it's just landscaping.
Mayor Suarez: Have a little quiet in the chambers, please.
Mr. Schwartz: It's no sidewalk, it's just landscaping work.
Vice Mayor Plummer: OK, but somehow or another, you remember the trees that
you put down there on Flagler Street and the problems that you had? Yes, they
died. Too bad the DDA didn't die. One of these days.
Mayor Suarez: OK, call the roll on CA-6 with that proviso.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-566
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING A GRANT IN
THE AMOUNT OF TEN THOUSAND SEVEN HUNDRED AND EIGHTY
DOLLARS ($10,780) FROM THE STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION HIGHWAY BEAUTIFICATION COUNCIL
THROUGH THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") TO
PROVIDE LANDSCAPE/STREETSCAPE IMPROVEMENTS ON
SOUTHWEST EIGHTH STREET BETWEEN WEST/SOUTHWEST FIRST
AVENUE AND EAST/SOUTHWEST FIRST AVENUE, MIAMI,
FLORIDA, SUBJECT TO MATCHING FUNDS ($34,856) TO BE
PAID BY DDA AND THE BRICKELL AREA ASSOCIATION; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY
AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM HERETO,
TO IMPLEMENT THE PROGRAM; AND REQUIRING FURTHER CITY
COMMISSION APPROVAL OF THE LANDSCAPE/STREETSCAPE PLANS
PRIOR TO IMPLEMENTATION.
(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.
COMMENTS MADE DURING ROLL CALL:
Commissioner Alonso: You want that again?
Vice Mayor Plummer: Excuse me, that's a conflict of interest. I shouldn't
have used that term.
July 25, 1991
11. (A) DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED
EMERGENCY ORDINANCE AMENDING 10021, WHICH ESTABLISHED INITIAL
RESOURCES AND APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND,
PROVIDING FOR INCREASE OF $395,500, FROM ADDITIONAL MONIES DUE
TO SUCCESSFUL FORFEITURE ACTIONS (See label 40).
(B) COMMISSIONER
REMINDS IN See ADMINISTRATION label ABOUT
8) UT FUNDING REQUEST
FORBETTERWAY FOUNDATION,
Commissioner Dawkins: Two.
Mayor Suarez: Item 2, thank you.
Commissioner Dawkins: Move it.
Mayor Suarez: Moved by Commissioner Dawkins. Item 2, emergency ordinance.
Commissioner Alonso: Second.
Mayor Suarez: Second. Any discussion? If not, please read the ordinance.
Call the roll.
AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD, BY TITLE ONLY.
Commissioner Alonso: Mr. Mayor, If I may, may I ask one...?
Mayor Suarez: Oh, I'm sorry, before you call the roll, Commissioner Alonso.
Commissioner Alonso: ... question that is somehow related to this, I guess -
or it could be. Do we have an answer about Better Way and the funds that were
requested?
Lt. Longueira: Ma'am, I believe Better Way was advised, at the current time,
they could not be funded. They were asked to make their move... They were
advised, from what I understand, to make their move and re -apply at that time
as to the move.
Mr. Odio: No. That's not what the Chief agreed to do. And I would like this
Commission to give us an order to fund them, if you would.
Commissioner Alonso: I will make a motion...
Commissioner Dawkins: No, no, no. You can't do that.
Mr. Odio: But, what happened is, the Chief met with Better Way...
Commissioner Dawkins: Hold it, hold it. Mr. Mayor.
Mayor Suarez: Yes, Commissioner Dawkins.
Commissioner Dawkins: I'd like to table this and give the Manager time to
bring this back in the form where Better Way is taken care of between the
Chief and the Manager. The City Commission has no right directing nobody to
give nobody any money.
Commissioner Alonso: OK.
Mayor Suarez: You want to table for the afternoon?
Commissioner Dawkins: Yes, sir. Table until the afternoon.
Mayor Suarez: What was the amount that we hoped to be able to fund?
Commissioner Alonso: Twenty-five thousand dollars ($25,000) for better Better
Way.
Mayor Suarez: Twenty-five thousand.
L
'; 30 July 25, 1991
0
L -1
Mr. Odio: Mr. Mayor, we will bring it back this afternoon.
Mayor Suarez: I presume that any such allocation of resources by the City is
considered by other jurisdictions - the County, the State, and other entities
that would like the County and the State to do a variety of things in the City
in regards to the homeless - as a cash contribution, in this particular case,
amounting to twenty-five thousand dollars ($25,000) and obviously, directed at
the homeless indigent community.
Vice Mayor Plummer: Mr. Mayor, is this item going to be tabled?
Commissioner Dawkins: Yes, until this afternoon.
Mayor Suarez: Yes.
Vice Mayor Plummer: OK. All right. You know, I just want again to put on
the record, that every dollar you take out of this fund, is the potential of
the Police Department having to find other dollars to buy equipment in other
things that are necessary. So, I am just merely putting that on the record.
Commissioner Dawkins: All right, we will discuss it further this afternoon.
Vice Mayor Plummer: That will be fine, sir.
Commissioner Dawkins: All right. Thank you, sir.
Mayor Suarez: OK. The item has been tabled for the afternoon. We did...
Ms. Matty Hirai: Mr. Mayor, we need to call the roll on the emergency
ordinance which was held.
Mayor Suarez: I'm sorry. Call the roll on that.
Mr. Fernandez: I'm sorry, excuse me. I need to be clear. I thought that it
was the emergency ordinance that is being tabled.
Commissioner Alonso: Yes.
Ms. Hirai: The whole item. Not only the aspect of it...
Mayor Suarez: All right, the item is tabled for the afternoon.
AT THIS POINT, ITEM 2 WAS TABLED FOR THE AFTERNOON.
12. PRESENTATION: OUTSTANDING OFFICERS OF THE MONTH (JUNE): JOSE FERNANDEZ
AND OSCAR BAEZ.
Mayor Suarez: We did three ceremonial items this morning, for some reason,
the most important one was not done. Would the two officers who are
outstanding officers of the month, please come around to the back and let me
read the commendations.
Commissioner Dawkins: For the students from North Western, what just happened
was, we had an item, we were discussing it, and two of us up here had a
problem with it, so it's being tabled. In other words, it's being deferred
until this afternoon, and then when they bring it back this afternoon, if we
are satisfied with the explanation that's given, we will vote on it. If we
are dissatisfied, we will vote against it. If we are still confused, we will
defer it.
Mayor Suarez: The commendation for the outstanding officers of the month read
as follows. The City of Miami Police Officers Jose Fernandez and Oscar Baez,
brought honor and prestige to their department for being selected the most
outstanding officers of the month for June of 1991. Officers Fernandez and
Baez, assigned to the robbery unit, and working, the two of them together as a
department's warrant management team have cleared three hundred and seventeen
felony warrants - removing a remarkable number of dangerous criminals from our
July 25, 1991
streets and making Miami a safer place to live. The fact that any two
officers would...
Vice Mayor Plummer: Mr. Mayor, that was all on one person.
Mayor Suarez: Three hundred and seventeen felony warrants - the fact that
that many individuals would even have to be removed from the community is
itself a manifestation of crime that is somewhat out of control. But if it
wasn't for them, it really would be out of control. So, local authorities on
behalf of the community salute officers Fernandez and Baez. Fernandez is an
eleven year veteran, and Baez, a ten year veteran. And in the case of
Fernandez, he has a hundred -and -twenty departmental recommendations - that's
why we see him up here all the time. And Officer Baez - if I may have the
attention of the administration, thank you - has one hundred departmental
commendations. And let's see, Officer Fernandez has been officer of the month
seven times, and officer of the year in 1987 - Please - and Officer Fernandez
has been named officer of the month seven times and officer of the year in
1984. Now therefore, I, Xavier Suarez joined by the Commission to hereby
commend both of these officers and ask you with particular attention to the
students from Booker T. Washington to give these fine officers a hand for the
efforts, and now we have the photographer. See, I was stalling for time until
a photographer got here. And for being outstanding Officers of the Month in
the month of June of 1991. Congratulations.
13. EXECUTE AMENDMENT TO AGREEMENT: URBAN ARCHITECTS, INC., FOR
PROFESSIONAL DESIGN SERVICES IN ARCHITECTURE AND ENGINEERING: ORANGE
BOWL MODERNIZATION PROJECT - PHASE II (CIP 404238).
Mayor Suarez: Item 3. I'm sorry about that.
Commissioner Alonso: Yes.
Vice Mayor Plummer: What item?
Mayor Suarez: Item 3. Authorizing the City Manager to execute an amendment
between the City and Urban Architects, Inc., for the professional design
services...
Commissioner Dawkins: Move it.
Mayor Suarez: ... in the fields of architecture and engineering for the
Orange Bowl modernization project program.
Vice Mayor Plummer: Second.
Mayor Suarez: Moved and second. Any discussion?
Vice Mayor Plummer: Let's just put on the record. Mr. Manager, I have been
inquired by the Orange Bowl committee and others, is the project on time, is
it on schedule? Are we meeting the things that we have agreed to do?
Mr. Odio: Yes. Most definite.
Vice Mayor Plummer: Most definitely?
Mr. Odio: Yes.
Vice Mayor Plummer: Thank you, sir.
Mayor Suarez: Call the roll.
32 July 25, 1991
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-567
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, TO THE AGREEMENT, DATED JUNE 27, 1989,
BETWEEN THE CITY OF MIAMI AND URBAN ARCHITECTS, INC.
FOR THE PROVISION OF PROFESSIONAL DESIGN SERVICES IN
THE FIELDS OF ARCHITECTURE AND ENGINEERING FOR THE
ORANGE BOWL MODERNIZATION PROJECT - PHASE II, CAPITAL
IMPROVEMENT PROJECT NO. 404238.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Plummer, 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.
14. (A) RESCHEDULE REGULAR CITY COMMISSION MEETING IN SEPTEMBER TO TAKE
PLACE ON SEPTEMBER 11TH.
(B) COMPUTE PROPOSED MILLAGE RATE FOR CITY OF MIAMI FOR FISCAL YEAR
OCTOBER 1, 1991-SEPTEMBER 30, 1992 - SUBMIT PROPOSED MILLAGE TO
DADE COUNTY PROPERTY APPRAISER AND TAX COLLECTOR - SET PUBLIC
HEARING FOR CONSIDERATION OF CITY'S TENTATIVE BUDGET.
------------------------------------------------------------------------------
Mayor Suarez: Item 4. Proposed millage rate for the City of Miami, Florida,
fiscal year October 1, 1991.
Vice Mayor Plummer: Good morning, Vietnam.
Mr. Odio: Well, I am... Good morning, good morning.
Mayor Suarez: Good morning, he says.
Commissioner Alonso: Good morning, to you.
Mayor Suarez: We shall know after your next statement if it's a good morning,
or not.
Mr. Odio: As you know, we are mandated by law to set the millage in July.
Whatever you set today, if it's high, you can always lower it, but you can
never raise it.
Mr. Fernandez: Correct
Mr. Odio: I recommended a ten mill, because my budget has not been finalized,
and you will have plenty of time in September, in fact, twice, to set the
millage as you wish. But to set the millage today low, and something happens
between here and September, you are locking yourself into a very bad position.
Vice Mayor Plummer: Yes. But I think what it would be doing Mr. Manager, is
telling the administration that, here is your max, and you better figure from
there, and... what was last year's millage? - nine point...
Commissioner Alonso: Point five nine.
Mr. Odio: Nine five nine nine five.
33 July 25, 1991
1
F
Vice Mayor Plummer: OK.
Mr. Odio: All I was saying is, this is not the millage by any means. My
intentions... I hope that we won't have to go to ten mills, and that's the
numbers that we are working with. But, all I am asking is, let's not lock
ourselves up to a position that later on, you might be regretting.
Commissioner Dawkins: OK. I'd like to ask one question.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: At Florida A&M, in Accounting 101, I was taught that
budgets were made on projections. The millage is going to be a projection,
therefore, we are projecting a millage of 'X' to some power, which will
produce 'X' dollars. Now, 1f I do a budget, I would do a budget balancing out
the 'X' dollars to the 'X' power of the projected millage. But now I am told,
that you don't have to worry about the projected millage because we are going
to drop it. Which means, if you drop the projected millage, then it's 'X' now
!_ to some sub -power, it's no longer 'X' to the whatever power to produce the 'X' -
dollars. But yet, I've drawn up my budget according to the little accounting
101 I had, to balance out equal with 'X' to whatever power. Now, somebody
explain to me, how are we going to project a budget for the millage at 'X'
power, and then when we come back here and vote, the millage 'X' to the sub -
power, how are you going balance out the budget? Somebody explain that to me.
Mr. Odio: Well, let me explain, Commissioner. If you set the millage at ten
today...
Commissioner Dawkins: Right.
Mr. Odio: ... while we are preparing the budget... we are preparing the
budget in the meantime.
Commissioner Dawkins: For ten mills?
Mr. Odio: For ten mills.
Commissioner Dawkins: For whatever ten milts produce? - 'X' to the what
power?
_ Mr. Odio: For whatever. Then in September...
Commissioner Dawkins: Yes, sir.
Mr. Odio: You, as my bosses, and set policy decide, we want nine five nine
five.
Commissioner Dawkins: Yes.
Mr. Odio: At that point, a decision has to be made, what we are going to
reduce from that budget.
Commissioner Dawkins: OK. Now, Mr. Manager...
Vice Mayor Plummer: But that's doing it in reverse.
Commissioner Dawkins: ... for me, now, what is the millage now?
Mr. Odio: Nine point five nine nine five.
Commissioner Dawkins: All right. Nine point six. DO Prepare a budget
projection for Miller Dawkins, OK? - with nine point six, nine point seven,
nine point eight, nine point nine and ten.
Mr. Odio: Yes, sir.
Commissioner Dawkins: So that when you decide... I'm sorry, Mr. Manager,
that's unfair to you. When this Commission decides that the millage will be
nine point six, I already know what's deleted, what's going to be deleted,
what might be deleted, or what we will have to delete. I do not have to go
along, assuming that.. I mean, and take the budget projections for the ten
34 July 25, 1991
9
mills and say, we've got to cut out this, cut of that. I can say no right
here, I'm going with this because it's nine point six. Now, that's what I
will need.
Mr. Odio: Yes.
Commissioner Dawkins: Don't come back at the budget hearing, and up here it
is decided that we're going to drop to nine point four... I don't need to know
that your budget is ten points and I've got to tell you what the hell to cut.
No, no, no, I'm not going to do that. OK? You're going to have some
projections for me to look at, so that I can intelligently say, well yes, cut
off twenty policemen, cut off thirty firemen, cut off no garbage men, or what
have you. OK?
Mr. Odio: Yes. But, that's why I recommended that you set the millage at ten
today, so you have all your options open. If you don't set it at ten today,
then you have no options left.
Commissioner Dawkins: You see, you and I have a different interpretation of
option. If I put it at ten, then there is no option. It's ten.
Vice Mayor Plummer: No.
Commissioner Dawkins: See, it's semantics. See, you all telling me about
ten, and you know damn well you're going to cut it, or that you're not going
to vote on ten, so therefore, all this publicity in the newspaper for a ten
mill budget, gets carried away, when in reality there's nobody up here going
to vote for ten mills.
Vice Mayor Plummer: Under that terms, I agree.
Commissioner Dawkins: See. So why sit down and develop a budget projection
on the ten mills? - a ten mill cap? See, it is an exercise in... I mean, OK,
let me say... first thing, I am not coming to any budget workshops. That's
number one. OK? So you all just prepare things for me and I will look at
them and vote with you. But, Mr. Manager, it's unfair to you, administration,
N and everybody to let you prepare a budget for ten mills, knowing we aren't
going to vote on ten mills. There is no option.
Mr. Odio: Well, I'll have to work with whatever I get today, I guess.
Commissioner Dawkins: No. Make them pass the ten mills. I have no problem
with it.
Mayor Suarez: All right. Commissioners, do you need to make any more report
on this Mr. Manager, or somebody willing to, and ready to make a motion?
Commissioner De Yurre: I'll make a motion, Mr. Mayor.
i
Mayor Suarez: Please.
Commissioner De Yurre: And the motion is that the only option I have, is to
maintain the same millage rate, nine point five nine five, and I would so
move.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion?
Mr. Manuel Gonzalez-Goenaga: Yes, Mayor.
Mayor Suarez: Mr. Gonzalez-Goenaga, briefly please.
Mr. Gonzalez-Goenaga: Surely. I am always brief, Commissioner. This is,
Commissioners, your exercise in futility. Because we are disregarding the
basic problem with this budget issue. The basic problem is that these
Commissioners... I understand that the Three Kings Day is only once a year,
the sixth of January. Here, we have Five Kings Day...
i
Mayor Suarez: No, no, no.
35 July 25, 1991
Mr. Gonzalez-Goenaga: ... every other Thursday.
Mayor Suarez: We've got at least one Queen here. -
Mr. Gonzalez-Goenaga: Pardon me? _
Mayor Suarez: We have at least one Queen here. Better be careful.
Commissioner Alonso: You better remember.
Mr. Gonzalez-Goenaga: Oh, but one Queen. Well, then four, because you can
always make an exception, you see. And you've got the problem...
Mayor Suarez: Just want you to get your terminology right, that's all. Not
that I agree with anything else you're saying, but.
Mr. Gonzalez-Goenaga:... Yes, but you don't agree that this is an exercise in
futility?
Mayor Suarez: Not at all, sir.
Mr. Gonzalez-Goenaga: Because this budget, you know damn well Commissioners,
that is not going to be the truth. For the particular reasons that you
give... this is the give away place for cifarra, you see. I have come here
for the last four months and everything I see when I go through this agenda,
to give away funds, give away funds, this is the give aways. But they don't..
the giveaways, not to the right people, and not to the right agencies. When
I say that I have seen Commissioner Dawkins complain about the best department
in the City of Miami, which is the Fire Department, and then, defending a
hundred percent... no excuse me, a hundred and twenty-five percent, the Police
Department. So, think, before you act. Study very well, and not try to harm
this community with more taxes.
Mayor Suarez: All right. Thank you for your comments.
Mr. Gonzalez-Goenaga: Thank you very much.
Mayor Suarez: Charlie, do you want to say something, or you're just kind
of?...
Mr. Charlie Cox: 1 think, reality has set us all...
Mayor Suarez: Why don't you give us name and organization on the record,
please, Charlie.
Mr. Cox: My name is Charlie Cox, and I am president of AFSCME (American
Federation of State, County and Municipal Employees). I think we have sat
down for the last couple of months, all trying to work together. I would ask
you, implore you, to leave all options open. I think we are all doing that.
I mean, if we just look at reality, the monies are not coming in, the building
Is not going in, in the City, and services are not going to be able to be kept
the same unless we become magicians. And that's what we are all facing. And
what we are looking at now, I'm going to tell you, maybe, seven hundred
positions. And if you're going to come back to us and keep asking us, take
concessions, take concessions - that's what we've been doing. And the
services can't be provided to these citizens without us looking at innovative
ways. And, I don't know, we've brought our people in to look at the books and
it's not there. And I think the citizens need to be aware too that it's just
not there.
Vice Mayor Plummer: Mr. Mayor, let me if I may, make just a comment. I want
to commend the unions of this City. I've not sat with them, but the Manager
has indicated to me, their more than eager willingness to work with this City.
And I'll tell you, it's a refreshing fact to know that 90.2 percent of your
budget is the people of this... employees of this City. That the employees
and the unions recognize that it is a tight situation, and for them to be
willing to sit down with the Manager and talk about trying to resolve the
issue in a friendly manner, I personally want to commend the unions for doing
what they have done in the past three or four months. And I hope that they
will continue, and with that kind of a thought in mind, there is no question
that we will come in with something that is realistic.
36 July 25, 1991
I
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Yes, Commissioner Dawkins.
Commissioner Dawkins: I'd like to say, I'll be voting for whatever is
presented that's in the best interests of the City of Miami, but I want to
make sure... I'll be voting only for cuts that are equal. I am not, as
Charlie has said, I sat here from Howard Gary's days until now, and I have
seen parks and recreation go down, down, down, down. Whatever is decided, and
getting back to my 'X' theory, if you're going to cut, and you've got six
departments, then every department have to take one -sixth of 'X' cut. Don't
come and tell me that you're going to cut three -sixths from Sanitation, two- _
sixths from General Services, and one -sixth from the Administration. I don't
know how many departments you've got. But you make sure that if it is eight,
and you cut, you divide it by eight and whatever one -eighth is, you take that
from every budget. If you're not going to do that, I mean, I am often on the
losing side of a four -one vote, and I don't have no problems being on the
losing side of this one. -
Mr. Odio: Let me brief you on...
Vice Mayor Plummer: Wait a minute. Let me make a statement based on his
statement. Mr. Mayor, as you know, and to my colleagues, we are going to be
holding for the first time in the history that I have sat on this Commission,
twenty-one years, a special meeting on September 5th, relating to the Police
Department, namely, and mostly, in deployment. I can't agree, Mr. Dawkins, to
the extent...
Commissioner Dawkins: Ohl I'm Mr. Dawkins now?
Mayor Suarez: Mr. Commissioner Dawkins. -
Vice Mayor Plummer: Hold on. Mr. Mayor, if the people of this community
cannot feel safe in their homes, the community is not safe at all. I am
hoping, regardless of what happens, and I have no crystal ball, that this
Commission is going to be making what I feel is necessary major changes in the
Police Department. And if it takes more money, I don't know of an issue that
can be more important than the safety of its citizens in its community. You
talk about parks, and I understand that, but when people don't feel safe to go
to a park, why pump more money into the parks?
Commissioner De Yurre: You've got to have a park to go to also.
Vice Mayor Plummer: OK. But what I am saying to you is, is to say that we
are going to cut on a one -eighth or a given percentage, I think that we have
to listen to the citizens of this community who are crying out for action from
this Commission to bring about a feeling of comfort that they are safe in
their community. And, unfortunately, the only way those thing can happen, is
either the revaluating of the dollars, and setting of priorities, and in some
cases it is going to take more dollars. So all I am saying to you, I am very
much aware of the problems that are experienced in Sanitation, in the Parks
Department, and in Public Works, the Fire Department, they are all very very
crucial issues, but I think that the burning issue that stands before this
Commission, in the Commission's recognition, that there is a problem, is the
September 5th meeting. So I am just saying that in my estimation, that we've
got to be flexible and we are not going to be able to sit here and say, OK, we
have eight major departments and each department is going to take a one -eighth
cut. Maybe, that might be the final analysis.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Commissioner Plummer...
Vice Mayor Plummer: Mr. Plummer.
Commissioner Dawkins: The friendly undertaker is correct.
Vice Mayor Plummer: I'll accept that.
37
July 25, 1991
Commissioner Dawkins: But as we sit up here as elected officials, trying to
meet the needs of the total community, that's what we have to do.
Vice Mayor Plummer: Correct, sir.
Commissioner Dawkins: I am still saying it must be one -eighth. I cannot sit
here and say to the Fire Department, you're going to be chopped, and nobody
else is, when I am expecting the Fire Department to run on rescue, to put out
crack houses to keep them from burning up a whole neighborhood, they have to
have gas. Gasoline has gone up, they are as important as everyone else.
Vice Mayor Plummer: And I agree with that.
Commissioner Dawkins: Now, I will not sit here and allow anybody to think
that Sanitation is not important. If you don't pick up the garbage, the
garbage will become diseased, and the disease give people sickness, and
therefore we got a health problem. Therefore, you must pick up the garbage.
But by the same token, if Charlie doesn't have enough mechanics to keep the
garbage trucks rolling, to assist with the police cars, to keep the lawn
mowers running, he doesn't have that done. So we can sit here and attempt to
prioritize, but there is no.... we have prioritized our only way, and now it's
time for concessions and I don't know where they will be made, but me, for
one, I am saying, and I will say it again, if you don't look at it as every
department being important, then I'd just be voting on the losing side of the
vote.
Vice Mayor Plummer: There is no question that each and every department is
important and must play its role, and must have its finances to do its work.
But what I am saying to you is, that today, the average day in the City of
Miami that, twenty-two people are going to have a gun stuck in their face and
their money taken. I think we need to remember that when we are setting our
priorities. That's all I am saying.
Mr. Odio: I think you need to remember...
Commissioner Dawkins: And also remember that that will happen in every
metropolitan city in the United States of America. That's nothing that's
confined to the City of Miami.
Mr. Odio: That's why I said that if you want more, you need to change the
miliage to ten.
Vice Mayor Plummer: No, sir, I disagree with you, and I will wait until
September 5th. But I am still waiting, and I will continue as I have said
before, that we have many many officers that are doing administrative work
when they are law enforcement people that are hired to enforce the law - and
we will go into that on September 5th.
Mr. Odio: That, I agree.
Mayor Suarez: And other things including cars that are still being used by
City staff that are very very costly, and reducing the fleet of City -owned...
many many other things. Anyhow...
Mr. Odio: Mr. Mayor, let me assure you of one thing. This budget has been
prepared by the four unions and us. We have gone through every line item on
this budget, and I can assure you when we are through, there will be no fat
left, period.
Mayor Suarez: I am sure that the unions, between now and the budget hearings,
as the Commission will, come up with all kinds of administrative, expenses,
perquisite salaries, and emoluments of office that we think could be reduced.
But in particular, I was just throwing out the concept, and I see the unions
are listening, of automobiles being used out there. And I don't mean patrol
cars. We are pleased and proud to have patrol cars that officers can take
home. Only forty-two or forty-three I think out of a thousand, eight -some
police officers take their patrol cars home, because only that many qualify,
believe it or not. So in any event, but as to the other automobiles, they are
very expensive, they create a liability for us when they outside the City
limits and you might want to keep all of that in mind. Anyhow, Commissioners,
we have a motion and a second. Any discussion? If not, please call the roll.
38 July 25, 1991
Mr. Fernandez: Mr. Mayor, is this the motion setting the millage?
Mayor Suarez: Yes.
Mr. Fernandez: You need to do two other things simultaneously, and this is
item number 4. We noticed that you have amended the millage for the operating
general budget to the same thing that it is this year, which is nine point
five nine five. But in this item, you are also doing two other things.
The
debt service which for this coming year will be two point three three-o-eight,
and also, you need to set the first public hearing at which the budget would
be dealt with.
Mayor Suarez: All right. On the debt service millage rate, it has been my
contention sometimes disputed by the administration that that is not a
discretionary figure, that that is a figure mathematically calculated to pay
off debt that has been approved...
Mr. Odio: And it's less than...
Mayor Suarez: So, I don't know that there is much we can do about that.
Mr. Odio: And it's less than last year.
Mayor Suarez: And on top of that, it's less.
Commissioner De Yurre: What was last year?
Mr. Odio: A fraction less - two point three three eight one. - something like
that.
Commissioner De Yurre: Two point three three eight one.
i
Mr. Odio: And we are going to two point three three-o-eight.
i
Mayor Suarez: All right.
Commissioner De Yurre: With that understanding, I'll move that.
Mayor Suarez: So moved too.
Vice Mayor Plummer: Second, of course.
Mayor Suarez: Mr. City Attorney, do we need to build into the motion then,
when the hearings will be?
Mr. Fernandez: Yes. And the way it stands in the resolution right now, it's
September 12th, which is fine, because it's not conflicting with any of the
other jurisdictions at five-o-five in the afternoon.
INAUDIBLE COMMENTS NOT MADE INTO THE PUBLIC RECORD.
Mr. Fernandez: Well, but then you need to address the issue of September 12th
before you actually pass this resolution so that then... or that you will need
to come back to it and reschedule it, so.
Mayor Suarez: All right. As long as you brought...
Commissioner De Yurre: You're not going to be here.
Mayor Suarez: ... up the issue of September 12th and the Manager being absent
on that, what is everybody's pleasure on this?
Commissioner De Yurre: You're going to be out of town on the 12th?
Mr. Odio: Yes, sir, I have to.
Commissioner De Yurre: You're going to be in town on the lath? You're going
to be in town, the loth.
Mr. Odio: Yes, sir. I'm only going to be absent on the 12th.
Commissioner Alonso: Let's change to the lath.
39
July 25, 1991
IV
Commissioner De Yurre: Can't we just move the meeting?
Mayor Suarez: J.L., how about the 11th?
Vice Mayor Plummer: As far as I know, it will be fine.
Mayor Suarez: All right, let's try for the filth.
Mr. Fernandez: And that would be fine.
Mayor Suarez: May we build that into this motion, and then have a subsequent
motion to just sort of?...
Vice Mayor Plummer: Well, excuse me. Are we going to move the Commission
day?
Mr. Odio: Yes.
Commissioner De Yurre: Move the whole meeting. Commission day, move it to
the 11th.
Vice Mayor Plummer: Yes, fine.
Mayor Suarez: Right.
Mr. Odio: To filth?
Mayor Suarez: Can we do that in the same motion? - or do we need to have a
sub...
Mr. Fernandez: Yes. You can do that all in the same motion.
Mayor Suarez: All right. So moved and second. Any further discussion,
including the September 11th date, and the debt service millage rate, and the
operating millage rate? If not, please call the roll.
Mr. Fernandez: Excuse me, Mr. Mayor. Just for the sake of clarification,
because you are dealing with a resetting of a complete City Commission meeting
from the 12th to the filth, I would like for you to pass a separate resolution
on that, and then...
Mayor Suarez: That's why I asked.
Mr. Fernandez: I'm sorry.
Vice Mayor Plummer: Then, ask.
Commissioner Alonso: All right. Just a motion on the September 11th first,
and then we can build it into the other.
Mr. Fernandez: Correct.
Mayor Suarez: OK. I'll entertain a motion on changing the Commission meeting
to the 11th. So moved by...
Vice Mayor Plummer: Second.
Mayor Suarez: So moved by Commissioner Alonso.
Any discussion? If not, please call the roll.
Second, Vice Mayor Plummer.
40 July 25, 1991
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-568
A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY
COMMISSION MEETING OF SEPTEMBER, 1991 TO TAKE PLACE ON
SEPTEMBER 11, 1991 AT 9:00 A.M.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
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
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Now, as to the entire ball of wax on operating mill age rate,
debt service millage rate, to be contemplated at budget hearings on the 11th
of September, moved and seconded already. Call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 91-569
A RESOLUTION COMPUTING A PROPOSED MILLAGE RATE FOR THE
CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 1991 AND ENDING SEPTEMBER 30, 1992;
INSTRUCTING THE CITY MANAGER TO SUBMIT SAID PROPOSED
MILLAGE RATE TO THE DADE COUNTY PROPERTY APPRAISER AND
THE TAX COLLECTOR TOGETHER WITH THE DATE, TIME AND
PLACE OF THE PUBLIC HEARING AT WHICH THE CITY
COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND
THE CITY'S TENTATIVE BUDGET FOR SAID FISCAL YEAR.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
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
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
41 July 25, 1991
------------------------------------------------------------------------------
15. DISCUSS AND DEFER, PENDING FURTHER REVIEW AND INFORMATION, PROPOSED
CHARTER AMENDMENTS: (a) NO. 31 CONCERNING UNIFIED DEVELOPMENT PROJECTS,
etc.; (b) NO. 4, CONCERNING PROPOSED ELIMINATION OF EXISTING REQUIREMENT
OF THREE PROPOSALS FOR SALE / LEASE OF CITY PROPERTY OTHER THAN
WATERFRONT, etc.; AND (c) NO. 5, PROHIBITING THE COMMISSION FROM
FAVORABLY CONSIDERING SALE / LEASE FOR COMMERCIAL USE / MANAGEMENT OF
CITY -OWNED WATERFRONT PROPERTY UNLESS THREE WRITTEN PROPOSALS ARE
RECEIVED, AND FOR SUBMISSION TO ELECTORATE FOR APPROVAL WHERE LESS THAN
THREE WRITTEN PROPOSALS ARE RECEIVED, etc.
------------------------------------------------------------------------------
Mayor Suarez: Item 5.
Commissioner De Yurre: Five (a).
Mr. Fernandez: Right.
Commissioner Dawkins: What's the difference Mr. Manager, between 5(a), 5(b),
5(c) and 5(d)?
Mr. Fernandez: Mr. Dawkins, Mr. Bailey and I will be making a brief
presentation to you on these three items. These are three questions that are
going to be put on the ballot on November.
Commissioner Dawkins: All three of these will be on the ballot?
Mr. Fernandez: If you decide today. And Mr. Bailey can walk you through all
of these items, and we can clarify any questions you have on them. These are
the amendments intended to modify and make the procurement methodology that we
use in putting our RFP's (requests for proposals) for UDP's (unified
development projects) and for leasing, and for buying property...
Commissioner Dawkins: All three of these will be on the ballot? - 5(a), 5(b),
and 5(c) will be on the ballot?
Mr. Fernandez: Correct, sir. Yes, sir. If you decide today.
Mayor Suarez: OK. As to the item in front of us, do we have a motion and
then we will hear?...
Commissioner De Yurre: Oh, what's the motion?
Mayor Suarez: To approve?
Commissioner De Yurre: No, no. I wanted...
Mr. Fernandez: Yes. The motion would be to approve, but we would like to
explain briefly to you what it is that you are putting out to the voters to
decide upon. We are modifying charter sections 29(a) and 29(b) and 3(f). And
these three sections globally speaking, are the sections of the City charter
that control the way that the City must bid out, procure interests in land.
Commissioner De Yurre: Well, can we hear on each item what the law is right
now, and the proposed changes are?
Mr. Fernandez: Yes, you will be hearing on each item.
Commissioner Alonso: Yes, I have a question. The presentation that you are
going to make, is it going to take changes from the backup of what we got
before?
Mr. Fernandez: No. What we have done, Commissioner, is that the turn around
time between last City Commission and this City Commission meeting, barely was
two weeks. The last City Commission meeting was when you authorized us to
prepare all of these changes. What you'll find in the backup package that you
got in your agenda last week Friday, is ninety-nine percent, the same thing
that we are passing out today. But since last week Wednesday when the agenda
went to print, we have had an opportunity to perfect and go through it with a
fine tooth comb, and make language read clearer, eliminate any ambiguity that
42 July 25, 1991
there might have been. And so, as you will see, the new copy that you got
today, if you would compare it with what you got in your agenda package, is
essentially ninety-nine percent the same. But we have attempted at making the
language clearer, more succinct, especially because we are going out to the
voters. So what you've gotten now today is just a cleaned up version of what
we had to put on the agenda last week Wednesday to meet the deadline for
publication. There is really no change of substance at all between what was
submitted to you and what we are going to be reviewing today.
Vice Mayor Plummer: This is for the September ballot?
Commissioner Alonso: Excuse me...
Mr. Fernandez: No, it's for the November ballot.
Commissioner Alonso: ... no, this is the November. I appreciate that,
because if not, as you can see, this is a considerable amount of information
that we have no time to consider at this time.
Mr. Fernandez: No, no. I assure you.
Commissioner Alonso: Would you show me the changes as presented to us right
now with this package that I was provided.
Mr. Fernandez: Yes, I certainly will. For example, on the first item, on
5(a) in your old package, on the third line of the title of the resolution,
there was wording that said "electorate the draft of." We have eliminated in
the clean version that we gave you now, we have eliminated those words.
That's verbiage that makes it more complicated, because it's not really a
draft, it is the final version that we're putting out to the voters to vote
on. We have inserted a comma after the word, after the number 3, on the sixth
line, we have... those are the nature of changes that we have made.
Commissioner Alonso: OK. Fine. I have no problem with that.
Mr. Fernandez: But now, as to the concepts of what we intend to get the
voters to look at so that they can modernize - if you want to use that word,
or they can allow us to streamline our procurement process, those are the
concepts that we need to share with you, so that you'll understand what they
are.
Commissioner Alonso: And that I hope that we make it clear to the voters
because to most of them, this has no meaning whatsoever. They will not
understand unless we really make an effort to let them see what it is. If
not, most likely, they are going to vote in self defence, no.
Mr. Fernandez: Yes. Usually...
Commissioner Alonso: They will think that it is something very strange that
they don't understand.
Mr. Fernandez: Yes. Commissioner Alonso, usually, when this Commission in
the past has put a question on the ballot, they have also allocated monies for
the concomitant educational campaign, so that the electorate are educated or
informed, rather as to what the substance of the changes are. I don't know
whether it would be the will of this Commission at this time, to so instruct
the administration that they allocate a certain number of dollars so that they
can then either go the media, or which ever version of the media and
communicate, articulate to the voters the nature of the changes.
Commissioner Alonso: How much are we talking about?
Mr. Fernandez: In the past Commissioner, if my memory doesn't fail me, has
fluctuated between twenty-five and fifty thousand dollars for that purpose.
Commissioner Alonso: And it's usually used in what way?
Mr. Fernandez: I do not know how the administration has used it in the past,
because we have not been involved in that effort ourselves.
Commissioner Alonso: For my vote, I don't agree with that, but I do feel that
the administration should make an effort and can go to radio basically, and
inform the general public about...
43 July 25, 1991
P
40
Mr. Herb Bailey: We'll do that.
Mayor Suarez: And also...
Commissioner Alonso: ... what all this is about, and I do hope that
responsible newspapers...
Mayor Suarez: Thank you.
Commissioner Alonso: ... as the Miami Herald will take the time - Carl, are
you listening? - to write appropriate columns to inform the general public of
what the real meaning of these questions.
Vice Mayor Plummer: We are on 5(a)?
Mr. Fernandez: We are on 5(a) now.
Mayor Suarez: I think that... and I agree with what Commissioner is saying.
I believe it's legal - is it not? - for us to say that any publication in
which the City places ads, we would expect that they would cover adequately,
or as a public service, any charter referendum that we have on the ballot.
Mr. Fernandez: Most public media do have a portion of their - either time or
space, allocated to public service. If you would like to invite them to
consider this as a question of public service...
Mayor Suarez: I would think so. In evaluating continuing contracts for
publication of our ads, and our notices of hearings, et cetera, that we
expect, we fully expect them to cover these issues. We don't ask them for a
particular editorial policy, we don't give them the text, we just expect them
to cover it. Otherwise, they are not really a responsible newspaper, or
publication in which we should be putting our ads. And I fully agree that we
should not be spending money on this. Certainly, we have a lot staff and I
think that they should be assigned in a concerted way to hit the radio waves
and participate in public service programs, and explain what this is all
about. And I think it should be a concerted effort. And it worries me that
we don't have the Manager here as we discuss this. Herb...
Mr. Bailey: We have the staff to do it, Commissioner.
Mayor Suarez: OK. Because it really should be something very very well put
together so that we don't fail in this.
Vice Mayor Plummer: Well, may I inquire? Mr. City Attorney.
Mr. Fernandez: Yes, sir.
Vice Mayor Plummer: Is it my understanding that the only subject contained
for change, is the elimination of the number three?
Mr. Fernandez: That's one of the changes that's being proposed to the voters.
The elimination of the requirement that three bidders, or three proposers bid
on an RFP for a UDP. But, not... that requirement is not being eliminated
from the waterfront section. That is only being eliminated from all the other
sections.
Vice Mayor Plummer: OK. The question I am asking again, what else is being
eliminated from the present charter relating to this item, besides the
elimination of the need of three bidders?
Commissioner De Yurre: J.L., let me ask something, because I don't want to be
confused in this issue? Are we going to go through each item, explaining
it...?
Mr. Fernandez: I intend to do so. And if you allow Mr. Bailey and I to do
that for you, I think we will answer all of your questions.
Commissioner De Yurre: OK. Because you know, everybody is popping questions
and I can't get a fix...
44 July 25, 1991
Mr. Fernandez: Yes. And it will be easier to do it in the sequence that we
have prepared, because that way, it makes sense. We have developed these
three questions so that first of all, they address single issues within the
charter sections, and also, so that they can stand independent of each other.
So the voters may in fact, vote for one and reject the others and there is
still internal consistency within our charter and within our procurement
process. Attached to item 5(a) on the agenda of the original packet you
received, is a cover memo from me in which we outline by bullets... yes, and
if you take a look at that cover memo that's accompanying 5(a), item 5(a) on
your agenda, that is the summary of all of the changes that are being proposed
in detailed fashion. Now, what the Law Department has done in conjunction
with... you need to understand the background to this. The City
administration has been meeting, and the Development Department has been spear
heading all of these efforts. We have taken their recommendations, given
their expertise and experiences in the procurement process, and we have
fashioned the legal language to service a proper vehicle for this. So, I
would like for Mr. Bailey, if he were to explain to you 5(a) that deals or
addresses the changes in charter section 29(a) - that's charter amendment
number 3. Charter amendment number 4 which is 5(b) in your packet...
Commissioner De Yurre: Well, let's take it one at a time. Let's hear number
3, let's hear something.
Mr. Fernandez: All right.
Commissioner De Yurre: OK?
Mr. Fernandez: On 5(3). If you look at 5(3) we have included, and Mr. Bailey
and I can alternate on this, an additional package to the UDP. We have now
included, and then you will find that on page 2 of 5(a) of the resolution, the
planning and design which is one component, and also construction. This
simple package for UDP, the charter did not contain, and we did not have the
flexibility of having this type of package for UDP before. We have included
this because in the opinion of the development department, this would be most
advantageous to the City. For example, in thinking of doing an administration
building, this may be the way to go.
Mr. Bailey: In general Commissioner, what we have discovered, that in certain
cases, and especially on properties that are in the City, on properties that
are not so attractive as some of the downtown properties, we have a difficult
time in putting City properties into its highest and best use because of the
three bid requirement. What we are asking for essentially in this, is that we
be permitted to entertain a bid that is acceptable to the Commission and to
the Manager, for consideration without having to go to voters. And we asking
that we can consider one or more as opposed to three or more.
Commissioner De Yurre: Now, let me ask you this. These laws that we have,
these were taws that went on a referendum before the voters?...
Mr. Fernandez: Correct.
Commissioner De Yurre: ... previously?...
Mr. Fernandez: Correct.
Commissioner De Yurre: ... and the voters said, yes, we want to have a voice
on these issues?
Mr. Fernandez: Right. Correct.
Commissioner De Yurre: And now you're going to go back to the voters and say,
even though you already spoke about wanting to be involved in the decision
making process, you know, we want you to change your mind, we want you to
reconsider. Is that basically what we are talking about here?
Mr. Bailey: No, Commissioner. We are not saying that we want you to change
your mind. We are actually advising the voters of some of the discrepancies
in what was previously presented to them, and we're asking them that in the
best interest of the City and the voters, there is a modification that should
be considered.
Commissioner De Yurre: Give that to me again.
45
July 25, 1991
Mr. Bailey: I said, we are not asking them to change their mind. We are just
simply presenting to them that in the best interest of the City and the
voters, that there is a modification regarding the highest and best use of
City property that should be considered by them. What went to the voters
before, was something that we presented for their consideration, and when we
looked at it in the real world, in actual practice, we found that probably
what we asked them to vote on the last time, may not have been in everyone's
best interest. So the only thing we are doing, is going back and say, we
would like for you to consider a modification to what was presented before.
And they have the right to do that.
Commissioner Alonso: Was this the Carollo amendment?
Mr. Bailey: Yes.
Mr. Gonzalez-Goenaga: Mr. Mayor.
Mayor Suarez: Yes. In a sense, we really are changing our mind.
Vice Mayor Plummer: This one was the Carollo, or the waterfront?
Mr. Gonzalez-Goenaga: Mr. Mayor.
Mayor Suarez: Wait, wait, Mr. Gonzalez-Goenaga.
Mr. Gonzalez-Goenaga: Oh, I'm sorry.
Mayor Suarez: Mr. Vice Mayor. In a sense we are doing precisely what -
Commissioner De Yurre is saying. We are saying, we put this to popular
referendum before, it probably wasn't a good idea, and certainly in practical
terms, it's hindered our efforts to develop and improve certain properties. -
We would like to now have your delegate back to us authority which we
previously delegated to you - with constraints. And if it is explained
properly, it should not be problematic, but who knows? Mr. Gonzalez-Goenaga, as on every other item, sir, briefly and to the point and then we will...
Mr. Gonzalez-Goenaga: As I always do. All of these do not make sense, for
the particular reason that the five Commissioners don't even understand what
is going to be presented to the voters. How do you expect that we
understand? - the citizens.
Mr. Odio: Mr. Mayor, if I may.
Mr. Gonzalez-Goenaga: May I continue?
Mayor Suarez: Well, I let you get started already.
Mr. Gonzalez-Goenaga: Two minutes.
Mayor Suarez: Why don't you just go ahead and continue. Commissioner De
Yurre is properly indicating that we should hear totally from the
administration, but go ahead and just finish your statement. He is correct
that that would have been... I thought that our presentation was completed.
Go ahead.
Mr. Gonzalez-Goenaga: The administration is saying that this is in the best
interest of the voters and the citizens. Who is the administration to decide?
Let the voters decide. The citizens have already expressed that they do not
want to give these Commissioners more power. We want to take the power
against, and we do not want to delegate the powers to these Commissioners,
because they are not doing a good job for the City of Miami. You are talking
about fifty thousand dollars ($50,000) another "cifarra" for the radio
stations. Let me tell you something, and you can call Mr. Amancio Suarez
right now. I went to the Radio Mambi and asked for a half an hour, or fifteen
minutes, if I could purchase air to talk about Citizens United Against Police
Brutality, and they nicely told me that there is no air space available. And
I was willing to pay for it. So you will have some problem with the Radio
Mamb i .
Mayor Suarez: But that is not our concern. If you have a problem with Radio
Mambi, you can take it to the...
46 July 25, 1991
Mr. Gonzalez-Goenaga: No, no. I don't have a problem. They just told me
that they don't have air space available.
Mayor Suarez: But you can take that... wait, wait, I'm speaking. You can
take that to the FCC, the Federal Communication Commission, not to this
Commission. All right. Anything further on this item?
Mr. Gonzalez-Goenaga: Further, what my suggestion is, to make it clear to the
citizens when you go to ask for the vote, that these amendments give more
accountability, more of a full disclosure to the citizens. If this is going
to give more power to the Commission, please state it simply and clearly. ■
Don't try to mislead or confuse the public, because I will campaign heavily
against giving and delegating more powers to these Commissioners. Unless,
there is more accountability, more of full disclosure to the citizens, because
we have the right to know and understand what is being done here. And you can
rest assured that 99.9 percent of the voters don't even know that this is a
circus more than anything else - and giving away, and then, the citizens are
the ones who pay the suffering by increasing taxes. Thank you very much.
Mayor Suarez: All right. Thank you for your comments. Anything further,
Herb, that we need to know? - or Commissioners, that you want to inquire
about?
Mr. Bailey: I'll entertain any more questions. This is very general.
Mayor Suarez: All right.
Vice Mayor Plummer: Mr. Mayor, let me just state for the record. My position
at all times has been that I have never hesitated to put a matter before the
voters for them to decide. Personally, I don't, and I am speaking as an
individual. I don't know that I'd necessarily agree with this concept. The
only way that we can measure a given project, is in fact, by competitive
bidding. What you are doing here is in fact, eliminating to a certain extent
the ability of this Commission to measure one project, or one bid against
another. Now, the reason I asked my question and I was very pointed, there
are other factors that are built in, such as a CPA firm to do an evaluation to
guarantee that that bid is a fair return to the City for the project that is
being proposed. I will vote favorably on these three items to be submitted to
the referendum, but not necessarily will I personally support these. I do
like the idea of the three bids, it's a competitive bidding, and I think it
does better the City. Yet, I recognize that in some City -owned properties as
we have seen in the downtown area, it has created a problem. That you only
get one bid, and if sometimes lucky, you get two bids. But I think that that
can be worked out. And for that reason, I am right now, of mixed emotions. I
am convinced in this community as I have seen referendum ballots, that the one
thing that has been overwhelming told to this Commission and to the public, is
that when they don't understand an issue, they vote against. So, all I am
saying to you is, that I have no qualms ever of letting the public decide on a
given question. But whether or not I will publicly support this, I'll have to
make up my mind and read it in more depth.
Mayor Suarez: OK. Commissioners, any further inquiries?
Commissioner Alonso: Yes, I have some questions.
Mr. Fernandez: Yes.
Commissioner Alonso: From the legal department. By.. what they have... this
amendment, what we are doing is, eliminating the process completely, or are we
saying, we will go through the process and if we have less than three, it will
be accepted? And if no, if it's not in front of us like this, can it be
changed to read this way?
Mr. Fernandez: We are eliminating the requirement of three proposals for an
RFP that contemplates a UDP.
Commissioner Alonso: Completely?
Mr. Fernandez: Completely. That doesn't mean that three or more would not be
welcomed or would not be in fact, a reality. All that we are saying, is that
if we put out the property 'K' out for an RFP and only one proposal comes in,
we can consider that proposal on its merit without having to go to referendum.
47 July 25, 1991
Commissioner Alonso: OK. That's exactly my question. So, we will advertise,
we do all the process, we will do... if we have three, we have no problems.
If we have less, then it will be accepted. Because in many occasions, we only
get one, or none.
Mr. Fernandez: Correct.
Commissioner Alonso: People don't want to...
Vice Mayor Plummer: Well, I think we have to go back and remember - maybe,
some of you weren't here, as to why this came about in the first place, all
right?
Commissioner Alonso: Oh, yes...
Vice Mayor Plummer: You know, there was...
Commissioner Alonso: ...people remember in this community, believe me,
Commissioner.
Vice Mayor Plummer: There were suspicions by a great number of people, that
with only one bid, it was a give-away, parachute, golden, for an individual
who was a friend, and to eliminate that perception, real or unreal, it was
said that if you went to a competitive system that that would be totally
eliminated. And that's why I've got some very mixed emotions. I understand
and fully recognize the problem that Mr. Bailey is having in the Overtown
Park/West problem, but I am still looking at the other projects, the unified
development projects and the waterfront projects, and I seriously, seriously
have some real reservations about that.
Commissioner Alonso: But Commissioner, waterfront is accepted. It's not
approved...
Vice Mayor Plummer: No, not under that.
Mr. Fernandez: No. Waterfront property, you still have the requirement of
three.
Commissioner Alonso: Three, or you have to the voters.
Vice Mayor Plummer: You are going back...
Commissioner Alonso: Oh, yes.
Vice Mayor Plummer: You are going back in (b) and (c) is that not addressing
the waterfront?
Commissioner Alonso: No change, waterfront, no change.
Mr. Bailey: No, the waterfront property we never change. That will require
referendum if it's less than three.
Mr. Fernandez: Correct.
Vice Mayor Plummer: Well here again, as I said, I'll have no problem of
voting to put it up for the people of the community to decide. I will make my
decision after further study as to whether I would support it personally.
Mayor Suarez: Anything further? Commissioner De Yurre.
Commissioner De Yurre: Are we just dealing with that now?
Mr. Fernandez: No. We are only dealing with (a) by the way, and I'd like to
call your attention to two or three other features of (a)... 5(a) which are
really important. You're familiar with the process that has been called here
and before, RFQ, Request for Qualifications. That was a process or a tool
that the administration used to be able to streamline the process or get
qualified people to actually submit proposals. We are incorporating that
concept now into the charter, and we are making a provision that through
ordinances that will be passed in the future, that process will be a component
of the RFPs for UDP. You need to be aware of that. You also need to be aware
48 July 25, 199
of the fact that we have eliminated the need for a certified public accounting
firm. Herb, when do we eliminate these?
Mr. Bailey: We haven't eliminated the need for them. That's still a
provision.
Mr. Fernandez: On the new function that we are adding, which is the function
for construction and planning and design, on that function, we don't have the
need for a certified public accounting firm, because there is...
Mr. Bailey: That's right.
Mr. Fernandez: ... OK. I am doing all the presentation, Herb. I need you to
do the...
Commissioner Alonso: Could you start over again on that part because now,
it's very confusing.
Mr. Bailey: I think we are OK. No, Commissioner, I think what he is saying,
is that certified public accounting firms usually evaluate value in terms of
dollars. There are certain cases when we go out for which a dollar value, in
terms of return to the City is not required. And the only thing we are
saying, in those cases, we will save money by not having to bring in a
certified public accounting firm. That's what he is saying. Like for an
architect...
Mr. Fernandez: That's right.
Vice Mayor Plummer: That's all well and good, Herb, you know, but I still
think we have to look at the overlying factor. That no perception of this
community is, that the Commission is up here in a big give-away. And you know
that's why this came about in the first place.
Mr. Bailey: I understand that, Commissioner.
Vice Mayor Plummer: And I think you have got to build in the safeguards that
will assure the people of this community that their property will not just be
handed over for the benefit of someone else. And if you don't build those in
and really hit home to the public, I think they will overwhelmingly turn this _
down.
Mr. Bailey: On the disposition of property that feature is still there.
There are certain technical things of which, like architectural and designs,
or things of that type where we not disposing of City property for which a
fair market value at that particular time is not in consideration, there's
really no need to have an accountant. We do have the other committees over
there that has technical expertise on the committee. We have not eliminated
that. All of the reviews are in process. It's just that on a couple of
those, we found out, well, why do I need an accountant to review an
architectural drawing when they are just doing it for the City of Miami, for
us to come back for some other consideration. It's just a modification there.
And we have not eliminated any of the checks and balances, other than the fact
that we can consider one bid or more. And this is after nine years of getting
feed back from proposers. We have had any number of proposers who would have
bid on some very attractive projects that would have increased our tax real
substantially, but, they started calling each other and said, well, I am not
going to spend fifty or a hundred thousand dollars if I don't get two other
bids. And I do not want to go through the process in certain locations in the
City for a referendum. And one property comes to mind, is where we have the
criminal justice building now, where CD (Community Development) is. We could
have had there, it's sixty thousand square foot supermarket today if we did
not have the three bid proposal.
Mayor Suarez: Anything further?
Mr. Fernandez: Yes. On this item also, on 5(a) we have... again, it's a
detail that you should be mindful of, the City Manager will make only one
recommendation to you when you are to consider voting upon or awarding the
contract.
Vice Mayor Plummer: But we not bound by it?
49 July 25, 1991
Mr. Fernandez: You don't have to accept it, but the way it read before, was
that the City Manager would recommend one or more, and so then, now, the City
Manager's recommendation would be limited to one from what the committee,
review committee, and the accounting people tell him, he will formulate only
one recommendation.
Commissioner Alonso: But this is a contradiction, because we are saying that
we are doing this because we only have one...
Mr. Bailey: You can reject it.
Commissioner Alonso: .,willing to be it. And if you are saying, he is
going to recommend one and you make it sound like he is eliminating other
individuals, why are we doing so, if we have three? So, this is a
contradiction.
Mr. Bailey: Let me explain the procedure, you have that provision now.
Vice Mayor Plummer: He has nothing else to recommend.
Mr. Bailey: What the Manager can do, is recommend to you, one successful
bidder or one proposer. You have the right to accept or reject that one and
send it back to the Manager. It does not eliminate the consideration from the
others.
Commissioner Alonso: That's fine Herb, but, the way that our City Attorney
has worded this, and he is an attorney, it sounded very clear to me that, it's
_ like the City... it's up to the City Manager, the elimination of other
participants in the processing.
Mr. Fernandez: No, no, no.
Commissioner Alonso: And if that is the case, I want the entire process to
take effect.
Mr. Fernandez: Let me make clear. No, no, no.
Mr. Bailey: No, no, that's not so.
Mr. Fernandez: The City Manager cannot prevent...
Commissioner Alonso: But it is only one, he has no choice. He cannot
recommend two when he has only one.
Mr. Fernandez: The City Manager cannot prevent anybody from coming through
the process. So, if five people submit proposals, the review committee and
the accounting committee take a look at it, and they do their criteria
evaluation. Then the Manager, from those people that come through that
process successfully, the City Manager must, or will only be able to recommend
one to you.
Commissioner Alonso: No, Mr. City Attorney. I am not in favor of this...
Mr. Fernandez: OK.
Commissioner Alonso: ... and the public has a right to know. If we have
five, let's follow the normal process.
Mr. Bailey: That is the normal process, Commissioner.
Mr. Fernandez: That is the normal process.
Commissioner Alonso: The normal process with a bid where we select the...
Mr. Bailey: No, no, that's not it.
Commissioner Alonso: I was ready to vote for this.
Mr. Bailey: Well, let me explain... no, no.
Vice Mayor Plummer: Let me ask this question from her question.
50 July 25, 1991
Commissioner Alonso. The way that this is coming across, I have all kinds of
problems. I'm not going along with this. Do we have to do this at this time?
We have so many contradictions.
Vice Mayor Plummer: Are you saying that in the recommendation of the Manager
recommending one, that this Commission cannot consider the others?
Mr. Fernandez: No, we are not saying that.
Mr. Bailey: No, no. I didn't say that. In fact what...
Commissioner De Yurre: That's what we end up doing all the time anyway, they
recommend one and we hear everybody anyway.
Mr. Bailey: That's what you are doing anyway. I mean, you...
Commissioner Alonso: I'm not going along with this. It was very clear to me
before, now, it's very confusing. I hear contradicting things...
Mr. Fernandez: No, there is...
Mr. Bailey: No, there is no contradiction.
Commissioner Alonso: I'd like to read this over again. The Commission can do
as they please, I am going to vote no because I am not ready. And I feel, I
am one member of this Commission, if I feel this way, how about the general
public. No way.
Mr. Bailey: Commissioner, may I say something to you. It's no different that
what you are doing now.
Commissioner Alonso: I beg you pardon?
Mr. Bailey: What he has read, is no different than what you're doing now.
Commissioner Alonso: Sir...
Mr. Fernandez: No. And it isn't.
Mr. Bailey: It isn't. It's not any different than what you doing now.
Commissioner Alonso: Somehow, maybe I read and I didn't understand. Now, he
make it sound in a way that it's a red flag to me, and I need time. I don't
see the reason why we have to rush into something that will affect the future
of the City of Miami. We have to be very careful. I do agree with you that
there are areas in which we don't have enough people willing to participate in
the process, like in areas of downtown, I know in areas in Little Havana it
will happen the same thing, Overtown, Liberty City, in areas that we want to
develop, and I agree, it's important. But also, we have to be certain that
this is just clear enough that no one can get the perception that we are
trying to protect certain individuals and that's why we are doing this. And
this is very, very dangerous.
Mr. Fernandez: And these changes are...
Commissioner Alonso: At least, I want to state this on the record.
Mr. Fernandez: Commissioner, these changes are purposely written so that what
you are saying is insured.
Mr. Bailey: It won't happen.
Mr. Fernandez: And that's exactly why we have done this. For example, in
this... if I can complete the thought of the City Manager, if there is one
proposal only that comes in and that proposal does not meet the requirement of
fair market value return to the City, the City Manager would not even
recommend that to you.
Commissioner Alonso: I hope so.
Mr. Fernandez: That doesn't mean that you cannot, you as a Commission, cannot
approve it. But what we are doing...
51 July 25, 1991
Commissioner Alonso: I hope we don't.
Mr. Fernandez: Weil, but you see, we want to make sure that we define the
role of the City Manager in this whole process, so that his involvement, his
participation is clearly established. The City Manager will assume the
responsibility of recommending... making to you, only one recommendation, and
that recommendation that he makes to you must be of someone that meets the
requirement or the test of a fair market value return to the City.
Commissioner De Yurre: Let me ask this. Has the administration and the legal
department met with every Commissioner here to explain this? - that we are
wasting an hour on this issue now here on the record? Did the administration
and the City Attorney's office meet with the individual Commissioners? Did
your office?
Mr. Bailey: How could we meet with all of them? - it's the second time it has
been back.
Mr. Fernandez: No, I have not.
Commissioner De Yurre: No, you didn't. You think it's fair for us to be
discussing this at this...? from starting from scratch basically is what we
are doing, and a lot of legitimate question are being asked now that could
have been addressed privately on a, you know, with an explanation without
getting into this. First of all, let me say, a lot of the things I understand
and that's fine. One thing that I cannot go along with is the basic concept
of going back to the people after they spoke already saying that they wanted a
say in the decision making process, and us coming back and saying, listen,
give us the power back for us to decide. And I have a problem with that, and
I cannot go along with the way it's written with that being included in there.
It's going to create a lot of confusion. If we are having trouble
understanding this, just wait until the radio stations get a hold of it and
they start creating public opinion. It's going to get blasted out of the
water, and we are going to get blasted along with it too.
Mr. Fernandez: Yes.
Commissioner De Yurre: So, this is one issue that I cannot support at this
time.
Mr. Fernandez: Commissioner, your point is well taken. However, as you well
know, each of you may have a different perspective on this and your point is
well taken. I will make sure that over the next several days, I meet
individually with each of you. However, when it comes to arriving at a vote
where at least three of you vote on this, all of these issue will have of
necessity to be aired out here. Because there is no way for me to get your
concurrence without a public meeting taking place where the concurrence can be
arrived at in that fashion. Otherwise, we do violence to what we know as
'Sunshine Law.' So...
Commissioner De Yurre: Yes, but we have concurrence. The concurrence is that
we don't understand what the hell is happening.
Mr. Fernandez: Correct. But that does not eliminate the time and the effort
that needs to be put in the context of a public hearing by the five of you to
deliberate over this. So, it's a point well taken. I am remiss.
Commissioner Alonso: Yes. But, this is not preventing you from meeting
individually with each one of us and explaining in detail...
Mr. Fernandez: Correct.
Commissioner Alonso: ... and getting consensus from each of us individually.
Mayor Suarez: All right, Commissioners, it sounds like the item is in deep
trouble unless there is a strong proponent of it. If you want to propose any
procedural way to deal with it at this point, such as tabling, if you thought
that by the end of the day there might be more support for it and
understanding, or taking it off the agenda today which means that it will be
off the ballot - or submitting it to a vote at this point, which may or may
not pass.
52 July 25, 1991
.---NN -%011
Mr. Bailey: I just want to... I'll like to suggest one thing. Considering
what... the comments that have been made today, we not only have to go through
this in detail to get you to understand it, but apparently, we might have to
go through in detail the existing legislation so you can understand that.
Because it is not that much different from what we are already doing. And as
I understand this, and what I am hearing, there might need to be an education
on that also.
Mr. Fernandez: Correct.
Mayor Suarez: Well the existing UDP...
Mr. Bailey: Yes.
Mayor Suarez: ... I wouldn't want to go through it myself. If any other
Commissioner wants to go through it. I was concerned about it, the twenty-
four page ordinance way back and whenever it was passed, eight or nine years
ago, I thought it was a monstrosity at the time, and I guess it hasn't
improved any. I can't imagine anything we are doing now is going to be worse
than what we have on the books. So, I have no problem with...
Commissioner Alonso: It was the result of Watson Island...
Mayor Suarez: Right.
Commissioner Alonso: ... and I think that's what came about.
Mayor Suarez: And no, I meant the original UDP which was even - predated
that.
Commissioner Alonso: Yes.
Mayor Suarez: So, anyhow, Mr. Manager, do you have any suggestions? I
presume you are a strong proponent of this.
Mr. Odio: Yes. I do.
Mayor Suarez: You want to put it to a vote? I have no problem putting it to
vote. We have a couple of...
Mr. Odio: I would prefer... let's defer it. I see that there is just not...
no, let's defer it.
Mr. Fernandez: By deferring it, it will not get on the ballot in November,
because this would be a time sensitive issue that needs to be passed today, so
that we can meet all the deadlines of...
Mayor Suarez: If it has a strong recommendation and if, as Vice Mayor Plummer
feels, the passage today, only to him, philosophically, indicates that
something will be put on the ballot - doesn't mean necessarily, he will
support it, and if you want to take a vote with that sort of understanding, I
would have no problem voting favorably to it. I am going to defer it to your
recommendation, that this is going to clean up and help us to do things a
little quicker. But, I don't know that we will have three votes. So I mean,
it's however you want.
Mr. Fernandez: Mr. Mayor, if I may, I concur with the City Manager in the
sense that postponing it or taking it out, or all completely, because if you
decide to vote on it and you vote favorably, I would only go along with that
to the extent that I can. If you afford me the opportunity of walking you
through all of the proposed changes...
Mayor Suarez: Not me. I have no interest, whatsoever.
Mr. Fernandez: So then, seeing that this Commission is reluctant to at this
City Commission meeting spend the time to struggle through this, then I have
to concur wholeheartedly with the Manager that you should pull it off.
Mayor Suarez: The basic thrust of the amendment I am fully in agreement with.
I don't need any briefing on it. If anybody else needs briefing, they are
entitled to briefings. So you don't...
53 July 25, 1991
0
Mr. Odio: Yes.
Commissioner Alonso: I don't see the point of the City Attorney on this
matter. If you have three votes here, what do you care? - whether you walk
the Commissioners through the process or not.
Mayor Suarez: I don't understand. Yes.
Commissioner Alonso: When they are giving a positive vote, it's because they
feel confident that they should go in that direction.
Mr. Odio: I believe that... I believe even though this...
Mayor Suarez: Yes.
Commissioner Alonso: If not, you will get three votes that will say no, and
that's it. - Maybe five.
Mr. Odio: I believe that this is a very complex issue, Mr. Mayor. It's a
complex issue, it could be misinterpreted just like the Norman Braman loan was
misinterpreted, and I would suggest that we defer this at this time because I
just don't know how...
Vice Mayor Plummer: Based on the Manager's recommendation, I move that 5(a),
(b), and (c) be deferred at this time.
Mayor Suarez: So moved.
Mr. Fernandez: All right.
Commissioner Alonso: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following motion was introduced by Vice Mayor Plummer, who moved its
adoption:
MOTION NO. 91-570
A MOTION DEFERRING AGENDA ITEMS 5A, 5B AND 5C
(PROPOSED CHARTER AMENDMENTS (a) NO. 3, CONCERNING
UNIFIED DEVELOPMENT PROJECTS, ETC.; (b) NO. 4,
CONCERNING PROPOSED ELIMINATION OF EXISTING
REQUIREMENT OF THREE PROPOSALS FOR SALE/LEASE OF CITY
PROPERTY OTHER THAN WATERFRONT, ETC.; AND (c) NO. 5,
PROHIBITING THE COMMISSION FROM FAVORABLY CONSIDERING
SALE/LEASE FOR COMMERCIAL USE/MANAGEMENT OF CITY -OWNED
WATERFRONT PROPERTY UNLESS THREE WRITTEN PROPOSALS ARE
RECEIVED, AND FOR SUBMISSION TO ELECTORATE FOR
APPROVAL WHERE LESS THAN THREE WRITTEN PROPOSALS ARE
RECEIVED, ETC.)
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
---------------------------------------------- -------------------------------
16. COMMISSION DIRECTS ADMINISTRATION TO CLARIFY, THROUGH THE MEDIA,
APPARENT MISUNDERSTANDING OF THE CDBG LOAN TO N.B. REALTY.
------------------------------------------------------------------------------
Commissioner Dawkins: Mr. Manager.
Mayor Suarez: Yes, Commissioner Dawkins.
Commissioner Dawkins: What was the misunderstanding on Mr. Braman's loan?
Mr. Odio: Well, as I've been getting reports from the Cuban talk shows,
including an...
Commissioner Alonso: Plural or singular?
Mr. Odio: Plural. No, singular. Specifically one show, in which an ex -Mayor
of the City was brought in and even was... and that Mayor said that we had to
go out on bids to give that loan out. I mean, they are really distorting the
truth.
Commissioner Dawkins: OK. I am going to make a suggestion again. I made
this suggestion and nobody took me up.
Mr. Odio: Yes, sir.
Commissioner Dawkins: I said before, somebody on this City Commission, or in
this administration needs to invite Carl Goldfarb to come down and sit down
with Commissioner Alonso - who is the last one here, would have more
questions, and write an editorial of whatever the hell they put in the paper
on Sunday, explaining in total, the process of this loan, and that you have to
be rich in order to get this loan, and that Mr. Braman was rich and that he
got the loan. Now somewhere, I mean, every time, it's just... it's idiotic
for us to continue to allow the public to beat up on us for something that was
did correctly, Mr. Mayor.
Mr. Odio: I agree with you, Commissioner.
Commissioner Dawkins: I mean, Mr. Manager.
Mr. Odio: And I'll tell you more.
Commissioner Dawkins: And Carl Goldfarb will be... I mean, he is a mole, he
will come in here and find everything there is to find about the loan and
present it - if you ask his... but see, you've got to realize, now, he works
for the Miami Herald, he doesn't own it.
Mr. Odio: Well you see, Commissioner...
Commissioner Alonso: Yes, I think Commissioner...
Commissioner Dawkins: Somebody has to direct him to come out here and do that
and he will come and do it.
Mr. Odio: But see, you are dealing with people of good faith, and the people
that are doing this have not good faith.
Mayor Suarez: Let the record reflect that the characterization of Mr.
Goldfarb as a mole is as in the CIA (Central Intelligence Agency) and FBI
(Federal Bureau of Investigation) terminology, not in any other sense.
Vice Mayor Plummer: You say, that's Joe Carollo with glasses.
Mr. Gonzalez-Goenaga: May I speak?
Commissioner Dawkins: Do I have to make that a motion?
Commissioner De Yurre: Yes, if I may. I think that Commissioner Dawkins is
right. I don't think I should be the person to be involved in that. I
suggest that Mayor Suarez should be the person in charge. But...
55 July 25, 1991
Vice Mayor Plummer: Here Xavier, the hot potato.
Commissioner Alonso: Yes. I already took one hot potato when I was elected
the administration building and that was enough.
Commissioner Dawkins: OK. All right, I'll make a...
Commissioner Alonso: Now, but, if I may, Commissioner, I think that it is
very important that this issue be clarified. As the Manager knows, I wanted
to pull that item from the agenda. I was very upset, I did not understand, I
had a million questions through the...
Unidentified Speaker: Am I invited?
Commissioner Alonso: You are invited, Mr. Carl Goldfarb, indeed. As you know
I wanted to pull the item from the agenda and I was very upset. I didn't
understand many of the issues. The administration came, explained to me, and
I was one of the votes in favor of the motion. And I agree that it was a good
move and it was the right thing to do. But I think it's important, and I
believe seriously, that the Mayor of the City of Miami, together with the City
Manager should take the initiative to clarify this once and for all. Because
we will be involved again in the future, and every time it happens, we are
going to be signaled as doing something negative. So many things have been
expressed, negative comments about this Commission, about the honesty of this
Commission, and I resent all that has been said, and I think it's about time
that this be addressed in a very serious fashion.
Commissioner Dawkins: Mr. Mayor, I'll make a motion that the oldest member of
this Commission...
Vice Mayor Plummer: Ohhhhhhl
Commissioner Dawkins: ... J.L. Plummer, who has been here...
Vice Mayor Plummer: Wait a minute, are you talking longevity, or numerical
age? If you're speaking to numerical age, I'll agree with whatever you say.
Commissioner Dawkins: Who has been here longer than any of us, who have
watched more of these happen, and who has the history of working with this. I
make a motion that J.L. Plummer act as one for this Commission to get with
Goldfarb, or whomever the Miami Herald decides to assign, and to any other
media who wants this. And that, if I have to do it from my budget, that Ms.
Gloria Rosello be hired for a thousand dollars to help gather the information
to put on the Latin radio stations, or in the Latin periodicals.
Mr. Gonzalez-Goenaga: Mr. Mayor.
Commissioner Dawkins: Because I don't want to put it out in one form only, I
want the total City to be blanketed with this explanation.
Commissioner Alonso: That's right.
Mr. Gonzalez-Goenaga: Mr. Mayor.
Mayor Suarez: All right. I don't...
Vice Mayor Plummer: There is no second.
Mayor Suarez: Yes, I... unless you intend to make that in the form of a
formal motion which I hope you don't, I think we can just go and move on to
other items. I think the indication is correct that... Mr. Manager, this
issue has to be explained further. Let me tell you, Commissioners, one thing
that I am doing and I'd like each of you to get a copy of a letter responding
to all inquiries that come either by phone, or by correspondence, the idea of
doing it that way is that I am concerned and I know how would like Mr.
Goldfarb and his institution to reflect correctly what we are trying to do on
this and why we voted favorably to him, why we think it's important to that
area, but, I am concerned that the more they cover it, the more it becomes
something that people misunderstand.
Vice Mayor Plummer: Ah ha.
i
56 July 25, 1991
}
Mayor Suarez: That's not because of necessarily his article being distorted,
it's, you know, the columns by the columnist and the letters to the editor,
and pretty soon you have created a cause celebre out there and everybody has
to comment on it. So, anyhow, in any event, I do have a letter...
Vice Mayor Plummer: You don't stir it, it doesn't stink.
Mayor Suarez: Yes, you stir it, it... whatever.
Vice Mayor Plummer: Well, Mr. Mayor...
Commissioner Alonso: But the point is...
Mayor Suarez: But certainly...
Commissioner Alonso: ... and I think that's why Commissioner Dawkins brought
the issue, is that it's not dead.
Mayor Suarez: Yes.
Commissioner Alonso: It's very much alive and some people are saying very
negative things daily.
Mayor Suarez: I am concerned that the entire staff of the City dedicated to
public information has really failed on this one. Mr. Manager, I've mentioned
this to you. Mr. Manager, in...
Vice Mayor Plummer: Cesar.
Mayor Suarez: ... while you try to convince the Herald to do certain things,
they retain they claim, a right under the first amendment and some other
liberties to do whatever they want. But as to our own office of public
information, our own employees who were supposedly out there educating the
public on an issue like this, it should be done in advance, first of all, and
after the fact, as the Commission has indicated, it should be done in a
concerted way. 1 mean, we should really really have people calling the -
station, scheduling programs, requesting public service time, not having to
spend any money - we're already spending money paying these people.
Mr. Odio: We had, Mr. Mayor, the director of the department went to see...
Mayor Suarez: Who is the director of the department?
Mr. Odio: Frank Castaneda. And he explained it clearly.
Mayor Suarez: Of Community Development?
Mr. Odio: Yes. But see, people understand only what they want to understand.
Commissioner Alonso: That's a good point.
Mr. Odio: As I told you, an ex -Mayor said yesterday, that we had given this
loan without going out to bids. That same person forgot that he gave one for
River Park without going out to bids, that we gave one to Overtown without
going out to bids. So, I mean, you can tell the public whatever you want to
tell them, but the facts are, that this is a perfectly legal loan that we have
given, and I would recommend that every time that would come up, because we
have an obligation to economic development of the City of Miami. And I was
suggesting to Commissioner Dawkins, we are a preparing a position paper that
we will have it made public tomorrow, and I will ask the Herald to send an
investigative reporter here to check out those files of the loans that we have
given before.
Mr. Gonzalez-Goenaga: Mr. Mayor.
Mr. Odio: And I don't want to hear from him.
Mayor Suarez: No, no, no. We are not considering...
Vice Mayor Plummer: Mr. Mayor.
57 July 25, 1991
Mayor Suarez: ... any item for action that needs to be submitted to a public
hearing. We are just discussing something among ourselves here.
Mayor Suarez: Yes, Vice Mayor Plummer.
Vice Mayor Plummer: I fully concur with you that going out and rehashing the
issue might create more problems. You know, 1 am convinced that there was one
individual program in particular, I am told, that attacked this Commission day
in and day out on the issue. Yet, that individual I am told by the Manager,
would not allow anybody from this Commission or the administration, to go on
that program to counteract the erroneous statements that were made. For
example, one of the statements that I am told was made, that this item was not
on the agenda. It was very clearly item, I think, number 37 on the agenda.
That correction was never made over the air. It was continued to say that
this was an item... a sneaky-pete item, a non... a pocket item. It wasn't
true. Now, if you make those fact known to these individuals and they will
not correct at least their own mistakes, they are going to do what they want
to try to boost the ratings of their program and I understand that. And I
somewhat agree with the Mayor. You can put out a position paper stating the
facts, but these people are going to continue to grind to their own advantage
for better ratings. And that sells more commercials and then blah, blah,
blah, but I.
Mr. Bailey: Yes. Forget it.
Commissioner Alonso: I agree Commissioner, but we have to address the well-
meaning people in this community, and I think it's important that the general
public understands what it's all about because we will be faced with the same
reality. And it's important that the public understands the points in
relation to this type of loan, so that it's... we just follow the regulations
on the books. And it's as simple as that. And of course, we understand that
negative people - we don't want to waste time on those individuals because we
know quite well it's not going to make any difference. But the rest of the
citizens as well as commentators who are in...
Vice Mayor Plummer: Where is Castaneda?
Unidentified Speaker: He is right here.
Commissioner Alonso: ... favor of getting the reality across, the rest of the
people I think we should address.
Vice Mayor Plummer: Let me ask a question. Mr. Mayor.
Mayor Suarez: There are many people of goodwill out there that are still
confused by this, yes.
Commissioner Alonso: Yes. That's why it's important.
Mayor Suarez: Vice Mayor Plummer.
Vice Mayor Plummer: You know that they were saying at others -Frank, where
are you? El jefe...
Commissioner Alonso: He did a very good job.
Vice Mayor Plummer: I brought to your attention the other day the - I never
can pronounce the work, the Borinquen Health Clinic.
Mayor Suarez: Borinquen.
Mr. Castaneda: Borinquen Health Clinic.
Vice Mayor Plummer: Borinquen.
Mr. Castaneda: That's correct.
Vice Mayor Plummer: All right. Have those people applied to you?
Mr. Castaneda: They did come to see me, and they are...
Vice Mayor Plummer; Are they pursuing...
58 July 25, 1991
Alk
Mr. Castaneda: They are pursuing it. That's correct.
Vice Mayor Plummer: ... the same loan?
Mr. Castaneda: That's correct.
Vice Mayor Plummer: The float?
Mr. Castaneda: That is correct.
Vice Mayor Plummer: OK. And that is a loan that would be backed by the
federal government and produced a letter of credit. And I want this
Commission to know that when I met the other day with Emel io Lopez, that I
told him that he was foolish if he didn't apply for that loan, and he is now
pursuing in that area...
Mr. Castaneda: That is correct.
Vice Mayor Plummer: ... hopefully, for that clinic. So, I think that it's
got to be known that there are other areas in which that money can be used,
and only if that money is used does the City benefit from it.
Mr. Castaneda: That's correct.
Vice Mayor Plummer: OK. Thank you.
Commissioner Alonso: Yes. I think that it's important that the position of
the City of Miami be clarified because there was an enormous amount of
confusion. Remember, and I hate to say this, but I have to, an assistant to
the Mayor was present the first time that the confusion came about, and that's
why I made it part of the record before we voted in this Commission, saying
that it was a regular item in the agenda first of a11, and that it was very
clear, federal regulations, we are just complying with it. And it was nothing
- that this Commission created, it was not the making of one particular
Commissioner, it was something presented to us. As a matter of fact...
Mr. Odio: Commissioner.
Commissioner Alonso: ... most of us didn't know, including me, through the
awareness program, that I was supposed to know, and I didn't. So, it's
important that this is made crystal clear so that everybody understand that
this is the way it's done, it's positive. I don't think that people who want
to invest in Miami should be criticized and insulted, and I don't think that
this Commission should really have to endure accusations of this nature
either.
Mr. Odio: The loan process began through the administration, I recommended it
highly, I will recommend it today again in spite of what anybody would say,
and it was an agenda item. They have even stated that it was a pocket item.
It was a publicized agenda item.
Mr. Castaneda: It was a public hearing.
Commissioner Alonso: It was a public hearing.
Mr. Odio: It was a public hearing in which people were notified that it would
be a public hearing, so, I think we acted correctly. Like I said, I will
recommend it to you today, again.
Mayor Suarez: All right.
NOTE FOR THE RECORD: At this point, the Commission
congratulates Commissioner Alonso on the arrival of a
new grandson.
59 July 25, 1991
------------------------------------------------------------------------------
17. (A) DISCUSSION ON MARINA HURRICANE PREPAREDNESS.
(B) VICE MAYOR PLUMMER ARGUES THE NEED FOR STATE LICENSING OF BOAT
OPERATORS.
------------------------------------------------------------------------------
Vice Mayor Plummer: Mr. Mayor, as you know, there is a delegation here for
the issue of the homeless who approached my office yesterday and asked, would
this item please be brought up. Yes, it is a pocket item and we are doing
something sneaky, right? - wrong. I think we are all aware of the tremendous
amount of work that is going in by private, public, religious, and everything,
trying to address the area of the homeless. I think Mr. Bob Traurig is the
ideal spokesman as president of the Chamber of Commerce, and it even changed
my opinion of the Chamber of Commerce when they went to the point of electing
a man that I think that maybe, can get something accomplished that hasn't been
done, and that's no detriment to Armando. So, I would ask at this time... I
am assuming Mr. Mayor, that all of you have received a copy of this letter
from the State of Florida? - in which basically, the State of Florida says,
what you are doing isn't enough and they are not going to participate unless
we do more. So, I would ask that the permission of this Commission, that Mr.
Traurig and others that are related to this issue be allowed to speak, and I
would ask at that...
Mayor Suarez: Before you do Bob and Vice Mayor Plummer, if you would defer
very quickly to Commissioner De Yurre. He has one item that he says will not
require a lot of attention. Commissioner, you want to tell us what that is?
Commissioner De Yurre: Yes. Harvey Strum... this gentleman came to see me a
couple of days ago with reference to the marina and his concern is, that
during hurricane conditions that...
Mayor Suarez: The one back here, right behind us?
Mr. Odio: Yes.
Commissioner De Yurre: Yes. That they have nowhere to take their boats to,
and they are ordered to take them out of their slip here.
Mayor Suarez: Any suggestions? Do you want to meet with them Mr. Manager,
and...
Mr. Odio: We have. They know that when they move it to that slip they sign a
contract, and that contract clearly states that as soon as we get a hurricane
warning, they move. We're doing so for the protection of their own boats, and
from the protection of the marina.
Mr. Harvey Strum: May I say something please?
Mr. Odio: Wait, wait.
Mayor Suarez: Wait, wait. You've not been recognized, sir.
Mr. Strum: OK.
Mayor Suarez: Commissioner has asked for you to be taken out of turn and you
don't even give us the...
Mr. Strum: Sorry.
Mayor Suarez: ... courtesy of completing our analysis of it before we figure
out if we get into an item that's not on the agenda.
Mr. Odio: We have the fire chief who is the emergency manager for the City,
have met with the South Florida Water Management District, and with the
County, in my presence. The South Florida Management District and the
Hurricane Center came up with the idea all of a sudden that the river was not
a safe haven anymore, because they are going to open the gates of the flooding
district... control gates that they have up there on the river, and they are
going to flood the City, according to what they are trying to do, so they are
notifying the boaters that they cannot go up the river. We are working
with...
60 July 25, 1991
Mayor Suarez: Presumably, what you're saying is that they are going to
increase the level of the river. They are not going to flood the City.
That's not what we need to have on the record.
Mr. Odio: Well, they are going to flood the part of the river that affects
the City.
Mayor Suarez: All right.
Commissioner De Yurre: OK. The issue Cesar, is where do they go if there
is...?
Mr. Odio: We have identified with the ... the basin at the Marine Stadium
could be a safe haven. And we are also working, still working with the South
Florida Management District to make the river safe again, and we are not
giving up on that. The one thing you cannot give up on, is that we cannot
allow the boats to stay here, because they will destroy the marina in the
first place, and they will destroy all the boats there too.
Commissioner De Yurre: What about all the boats in the anchorage? My
understanding is that...
Mr. Odio: If they are sitting out there, they are...
Commissioner De Yurre: ... when these pull out, then they pull in. What do
they do? Where do they go?
Mr. Odio: Oh no. That's not true.
Vice Mayor Plummer: No.
Mr. Odio: That's their problem.
Vice Mayor Plummer: They ride it out.
Mr. Odio: If they want to ride the storm out there, they own their own boats
and they want to stay out there, that's their responsibility.
Mayor Suarez: No boats will be allowed in that situation to come and replace
the ones on the slips.
Mr. Odio: Oh no.
Mayor Suarez: That's self-evident, and let's make sure that that's
understood.
Mr. Odio: That's understood clearly.
Mayor Suarez: All right. We...
Vice Mayor Plummer: Well, where this comes about as a problem, is the fact of
the lack of enforcement that took place the last time we had warnings. The
City did not go out there and were not emphatic enough, and a lot of the
people didn't move. So that is where the wedge in the door came about that
says, well, if some didn't move, why do we have to move. And there is no
question in my mind of anyone that's been in this community, in the last
hurricane we had, when we had a 62 footerp on South Bayshore Drive, that if in
fact we have a full blown hurricane, those docks, if the boats were tied to
it, would be gone. And that's a multi -million dollar investment by this City.
So, everybody that has ever gone out there, goes out with the full
understanding, when the two flags fly, you fly.
Mayor Suarez: I am not sure what, if anything we could tell you, if you want
to just put your name and address and a quick statement into the record, sir,
you can go ahead and do so very quickly.
Mr. Strum: OK. My name is Harvey Strum, I reside at 7129 SW 109 Court, and
what I would like to say is, I have researched this, the experts say there is
no safe haven. All the boats at Dinner Key are required to have insurance
which would help pay for any damage which is done. I have spoken to many of
the residents at Dinner Key and they say they will not leave, because in the
61 July 25, 1991
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past, they have left and they have found no place to go. There has been
_ damage to boats when they have left without a storm because of the situation.
Many of the boaters at Dinner Key, the majority are weekend boaters, they
don't have the knowledge, the expertise or the equipment to move a boat,
secure it properly. They have no way to get off the boats and get ashore once
the boat is supposedly secured. You're putting people's lives in jeopardy,
and there are going to be loss of life. And I wonder whether that would bring
up lawsuits against the City for putting people in jeopardy? You know, you
public officials, I see that you do help citizens. Here are citizens you are
putting in jeopardy. These people have homes and families and in a time of
crisis, you're telling them to move and there's no place to move.
Mayor Suarez: All right.
Commissioner Dawkins: Sir, one question...
Commissioner Alonso: But usually... excuse me, because he made a comment that
is very strong for the record. I believe that usually we have warning, and
then if they have to be moved, it should be done in a way that it will not be
risking the lives of the people moving the vessels.
Mr. Strum: As far as I know, excuse me, there was no plan, everybodys out on
their own to find places to go, and all the property is already owned by
property owners.
Mayor Suarez: All right, that is the status quo at this point. You've
reflected your views. The Commissioners may want to quickly answer or make a
comment. We don't have a solution today, I guarantee you.
Commissioner Dawkins: Well, a comment.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: I assume that in order to live aboard or operate a
boat, you must be certified by the U.S. Coast Guard as being able to handle
that vessel.
Vice Mayor Plummer: No.
Commissioner Dawkins: And I'm sure that if you don't, you should have. And,
therefore, I don't see how I could be held liable for the U.S. Coast Guard or
you not knowing that you should know how to operate and maintain of the vessel
that you own.
Mayor Suarez: You're not going to get a solution today, not from this
Commission, and I don't see any being proposed, so...
Vice Mayor Plummer: Yes, but, you know, he's broached a subject - let me tell
you - Commissioner Dawkins, for years I have advocated, and I will continue to
advocate, that if we ever are going to have safe waters to operate boats, the
State of Florida, in my estimation - and I've urged this many, many times -
has got to have a license issued to competency of people who are operating
boats. When you go out here on a weekend and you see boats that are capable
of 70 and 75 miles an hour being operated by a ten and twelve year old kid,
and there's nothing today to prohibit it. We issue driver's license, but we
don't issue the operators of a boat. And I'll tell you, Mr. Mayor, this
Commission should address because a lot of our property are involved with the
state legislature, that anyone operating a motorboat in the City of Miami
should be a certified issued license. I think we're going to make our
community a lot safer.
Commissioner Dawkins: But, J.L...
Mayor Suarez: I guess in defining it - if I may, Commissioner Dawkins...
Commissioner Dawkins: Um hum, all right, sir.
Mayor Suarez: ...in defining in the City of Miami, you're going to have a
tough time saying how much of it is our jurisdiction, and how much comes under
federal and state account.
Vice Mayor Plummer: Well, I'm saying statewide, Mr. Mayor.
62 July 25, 1991
Commissioner Dawkins: Well, I was just getting ready to say to Commissioner
Plummer, we will not assume that responsibility. We will charge the Coast
Guard with certifying them. And let the U.S. Coast Guard be responsible for
certifying who is legal, what the legal is, and for testing and
granting certification. Because the waterways are under the jurisdiction of
the U.S. Coast Guard.
Mayor Suarez: By the way, sir, if it gives you any consolation and if
Commissioner De Yurre is already inclined to agree with you in some way or
another, I'm not sure that the idea that you have to relocate for a hurricane
if there are no other facilities allowed logical is that brilliant from our
perspective, but it's what's in the books. You may want to continue to
explore that with the rest of the Commission and with the administration. And
that is it. That is all we're going to take of your testimony today.
Commissioner De Yurre: All I say basically...
Mayor Suarez: Commissioner.
Commissioner De Yurre: ...if they can work with the administration that you
talked about some idea of maybe some alternative, that something can be worked
with that they know that they have a place to go to.
Mr. Odio: But let me say something, please. The moment we tell these boaters
that this is the safe haven you're going to have, and something happens, then
we're responsible.
Vice Mayor Plummer: You've assumed a liability.
Mayor Suarez: Yes, the problem in telling you that you can stay there
increases our liability. Telling you, you must move at least helps to
decrease our liability. That's the problem, even though it's not all that
practical.
Vice Mayor Plummer: They agree to it.
Mr. Odio: And what I'm saying is, when they sign that contract, they agree to
move.
Mayor Suarez: Oh, and of course, and requiring that as a upfront acceptance
of the risk.
18. STRONG URGE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) TO MAKE IMMEDIATELY
AVAILABLE TO THE CITY A LOAN OF $100,000, $75,000 OF WHICH WOULD BE
EARMARKED AS THE CITY'S SHARE IN ADDRESSING THE HOMELESS PROBLEM, AND
$25,000 EARMARKED IN SUPPORT OF THE BETTER WAY FOUNDATION, INC. PROGRAM.
(See label 11B).
Mayor Suarez: OK, Mr. Traurig, you're on, sir.
Robert Traurig, Esq.: Thank you, Mr. Mayor, and thank you, Mr. Vice Mayor,
and members of the Commission. I'm standing here actually with a group of
people...
Vice Mayor Plummer: Wait a minute, Bob, excuse me. Once again, Mr. Mayor,
did everybody get a copy of this letter? Victor, did you get one from the
State of Florida? -because I think, basically, this is what's going to be
spoken to.
Commissioner De Yurre: Was it addressed to all of us or what?
Vice Mayor Plummer: No, it was addressed to the Mayor, and to Joaquin Avino.
Mayor Suarez: About the only part of the letter that I've gotten a chance to
look carefully at is suggested by the...
63 July 25, 1991
Vice Mayor Plummer: OK, I just wanted to make sure that we were all in the
same program here.
Mayor Suarez: ...by the City Manager, is a part of the letter that says that
state and County funds for the homeless relocation effort, and homeless
treatment and referral, will be contingent on the City contributing some
amount of cash. I forget if it's a hundred and fifty or a hundred now?
Vice Mayor Plummer: Hundred.
Commissioner Alonso: Hundred.
Mayor Suarez: Hundred. And at the same time, I did look with the Manager
very briefly this morning before the Commission meeting - because this letter
arrived in my office this morning as far as I can tell - at a quantification
of what the state effort is and that is contained, by the way, at the top of
page six. And let me just go ahead and give that to the two of you because
the implication is that if we don't commit certain funds, the state won't give
its funds and I want you to know what... Rather than have you believe what has
been published, including Herald editorials and so on, that "X" amount of
money will be given by the state, I think the Manager has been able to go
through this letter and concluded that - as I'm inclined to conclude, but I
really haven't had a chance to go through it - that the entire amount that the
state is offering at this point, I think, is contained in items one and two at
the top of page six, maybe not. But in any event, that's what I call to your
attention from the letter, and let's see if Bob can give us any further
clarification.
Mr. Traurig: Well, let me start out by saying that I'm standing here with a
group of people from the provider organizations, from CAMACOL, from the
Greater Miami Chamber, all of whom are part of a coalition which has tried to
address this problem in conjunction with the public sector. We know, you know
that you are defendant in a very important lawsuit that says, solve the
problem under I-395.
Vice Mayor Plummer: No, no, no, no...
Mr. Jorge Fernandez: No, no, excuse me, Mr. Traurig. If the record is being
made, that is not a complaint in the lawsuit. That's not an item in the
complaint.
Mr. Traurig: OK. Let me back off of that, and let me start all over again.
I didn't mean to ruffle any feathers. Well, but you are a defendant in a
lawsuit, and we collectively, the private sector and the public sector, have a
responsibility to deal with the homeless problem so that that lawsuit can be
disposed of and so that we can provide the kind of service and attention to
the homeless that they're entitled to. So, we have a critical situation.
Part of it's legal, part of it's moral, we've got to do the right thing. The
right thing requires the utilization of pubic and private funds. The letter
that you received from Secretary Sadowski and the compilation of the proposed
allocation of costs makes it very clear that nobody has adequately addressed
the cost picture. The public sector responsibility is the State, the County,
the City. The private sector should accept some responsibility, although this
is really what the purpose of public entities is, and that is to provide for
the public's safety and welfare. Nevertheless, collectively, we accept joint
responsibility with you. Your Manager and others from this City
administration have been superb in trying to deal with the problems. And we
sat here today and we know the kind of fiscal crises that you deal with day in
and day out. We fully comprehend the issue, and we have great empathy for the
positions of the members of this Commission. But we have a problem now that
is almost resolved. And we have been asked to put together a package of
contributions which includes this City and our County. And they will meet on
this subject tonight, where in addition to what you have committed with in -
kind contributions, we need another hundred thousand dollars from the City.
We need another hundred thousand dollars from the County. We've got to go
back to the State to say, enlarge your contribution. And we've got to go to
some donor organizations to say, increase your commitments to the solution of
this problem. We're talking about the tactical problem, we're talking about
phase I of that problem. We're not going to solve the whole problem when we
do all of this. I think that those of you who have dealt with the school
board and have made arrangements for the utilization of that Donn property are
to be commended. I think that everybody is working to solve the same problem.
64 duly 25, 1991
We're asking you, would you please consider that additional one hundred
thousand dollars. I have personally spoken with the Manager. I know the
difficulty that you and the administration have in coming up with some
additional money. But if we can't get it at this table, then I don't know if
I can get it tonight from the County, and I don't know whether - and I keep
saying I, it's we - I don't know whether or not we can then go back to the
State to say, we have demonstrated our good faith. We now need some
additional contributions from the State. We're asking you, therefore,
notwithstanding any other fiscal problems, to commit to an additional one
hundred thousand dollars.
Vice Mayor Plummer: I have three areas. And I'm not speaking against it,
Bob, but I want you to speak to these three problems. Number one, if I put
any credence at all, this speaks only to the 395. We have homeless all over
this City. And I'm collectively, homeless, street people, as the word
homeless. Now, I also accept that I've heard numbers that range from $5,000
to $8,000 in total. Number one, if we address only the 395, at $500, that's
only, at best, 10 percent of the issue. Based on the fact that we are being
asked for a total of all persons concerned at this issue, of a million
dollars, where is the other nine million going to come from to address the
bigger picture? The second... No, let me just put them on the... and then you
can speak to all three of them. The second problem has to be that this is a
short-term solution. What happens after - whether it's a 30-day, a 60-day or
a 90-day - I think this Commission needs to know what's going to happen on
either the 31st, the 61st, or the 91st day. My last concern happens to be
that every time I turn on CNN television, that the people of this community
are going to help the homeless, and my concern, it's an open invitation for
others to come on down, Florida is going to dish out everything. So those are
my three areas of concern and I wish you would address them before this
Commission.
Commissioner Dawkins: OK, but before you get into that, Mr. Traurig. Mr.
City Attorney.
Mr. Fernandez: Yes, sir. _
Commissioner Dawkins: Why is it, in your legal opinion or mind, is it that
the courts have mandated that the City of Miami and Dade County absorb the
cost of this when they have not said anything to Coral Gables about absorbing
any of the cost. The courts, I'm talking about. The courts have not said
anything to Key Biscayne about absorbing a part of the cost. The courts have
not said anything to Hialeah, which is in Dade County, about absorbing costs.
The courts, they're not dictated that Bal Harbour kick in some money to help
solve Dade County's problem. But all in all, the court and the ACLU (American
Civil Liberties Union) have dictated that the only people that could be
concerned about Dade County is the City of Miami, Dade County, and whatever
money the chamber in its goodness, can come up with. Now, can you explain to
me, as a lawyer, what would make a judge drop such a heavy burden like that on
us? -and not think about South Miami, Coral Gables, and everybody else needs
to contribute to this pot of money that we're trying to settle this problem
with?
Mr. Fernandez: Commissioner, my over reaction to Mr...
Commissioner Dawkins: I don't know. Hey, wait a minute. When I hear from
this non -learned lawyer, I'll listen to you. Go ahead, sir.
Vice Mayor Plummer: What I'm saying is, I don't think that the lawsuit even
addressed Dade County. It was just us. Just us!
Commissioner Dawkins: Well, how did Dade...
Mr. Fernandez: If I may answer...
Commissioner Dawkins: Well, how did Dade County get in it, J.L.?
Vice Mayor Plummer: I don't know, but I think the lawsuit, if I'm not
mistaken, only addresses the City of Miami.
Mr. Fernandez: If I may answer. The my...
Vice Mayor Plummer: Thank you for the learned lawyer.
65 July 25, 1991
'JP►,
Mr. Fernandez: My over -reaction to my distinguished friend and fellow
attorney, Mr. Traurig, is perhaps the risk associated with the accurate
interpretation of his statements. And I over reacted to that because,
Commissioner, no court, no judge has ever ordered or spoken in terms of this =
plan or mandating the City to pay anything. That is, if somebody has informed
you of that, it's misinformation. If you have perceived that in anyone's
presentation, has been misrepresented to you. The nature of the lawsuit,
what's in front of Judge Adkins, has nothing to do with whatever program is
being put together by all of us out of a sense of moral or whatever other
commitment you have. The fact is that the ACLU, in pushing this case through
the courts, is putting the City in a position relative to the way the City
treats or addresses the homeless in a situation of having the City look at the
problem of the homeless. But there is no complaint, there is no allegation in
the complaint or there is no demand in the complaint, that the City pays for
shelter, treatment, housing of the homeless.
Commissioner Dawkins: OK, in your interpretation of the order, does the judge
not dictate that the City of Miami must address this problem?
Mr. Fernandez: My interpretation of the orders entered by the judge do not
put the City in an affirmative duty to provide funds to solve the problem.
Commissioner Dawkins: No, no, wait now, wait, wait...
Mr. Odio: Commissioner, from a civilian point of view...
Commissioner Dawkins: ...wait, wait, wait.
Mr. Odio: OK.
Commissioner Dawkins: Wait, wait, wait, wait a minute. OK? I'll ask the
question again. Does the judge's order dictate that the City of Miami address
the street people problem?
Mr. Fernandez: No.
Commissioner Dawkins: Beg your pardon?
Mr. Fernandez: No.
Mr. Odio: Sir, sir...
Commissioner Dawkins: What does it say?
Mr. Fernandez: It says, the City of Miami cannot arrest the homeless for
doing certain things. It says, the City of Miami cannot remove the property
of the homeless for certain... unless certain reasons occur. The City of
Miami cannot treat the homeless in a way that would discriminate against them.
This court has said, so far, that the homeless constitute a class, a special
class, that must be accorded certain privileges or certain rights, yet
undetermined, yet undefined, that otherwise normal citizens or regular
citizens or non -homeless persons like you and me perhaps do not have. That is
all that the court has said to date, and...
Mayor Suarez: We would comply totally with the court's order, and with the -
allegations of the complaint if we did absolutely nothing regarding the
homeless, and just simply didn't try to move them. OK? Does that answer
everybody's question?
Commissioner Dawkins: No, hell no, that does not answer my question.
Mayor Suarez: We would comply with the judge's orders, and with the
allegations of the complaint if we did absolutely nothing.
Commissioner Dawkins: That does not answer my question. I mean, that may be
your feeling or your interpretation. That does not answer my question.
Mayor Suarez: What is your question?
Commissioner Dawkins: My question is, something has to be done, and that this
is a Countywide problem...
66 July 25, 1991
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Mayor Suarez: Absolutely. -
Commissioner Dawkins: ...and that total County must absorb some of the cost,
Mr. Mayor.
Mayor Suarez: Absolutely.
Commissioner Dawkins: That's all I'm saying.
Mayor Suarez: Absolutely.
Mr. Fernandez: Correct.
Mayor Suarez: But the court action doesn't deal with that.
Commissioner Dawkins: But see, what I'm saying... but all I'm... all right,
then hold it, then. I make a motion that the City Attorney be directed to
appear before the judge and try to convince the judge that this is a
Countywide program, and that every municipality in the City, in Dade County,
the 27 municipalities, should contribute to the cost of caring for the
homeless. That's my motion.
Mayor Suarez: All right, so moved. Mr. City Attorney... _
Mr. Traurig: Mr. Mayor...
Mayor Suarez: ... you probably ought to do that anyhow. I don't know that...
it won't solve the lawsuit, but...
Mr. Fernandez: If I may address that.
Vice Mayor Plummer: Wait, wait, wait, wait a minute. There's a motion on the
floor without a second now. State your motion again, because I think I want
to second it.
Commissioner Dawkins: I move that the City Attorney be directed to appear
before Judge Adkins in the morning, or whomever the judge is, and attempt to
convince him that the street people problem in Dade County belongs to Dade
County. And that every municipality within Dade County have to seek and
provide as much monetary help as possible in order to address that problem
which they have called Miami's.
Vice Mayor Plummer: Sir, I can't....
Mr. Fernandez: Mr. Mayor, I need to speak because if my Commission is going
far left of field, then this whole issue which has serious legal significance,
I'm afraid someone has...
Mayor Suarez: Well, why don't you wait to see if the motion is seconded
before you get all troubled and hot and bothered about it.
Vice Mayor Plummer: No, no, no, I... Mr. Mayor...
Commissioner Dawkins: All right, wait, let me hear from... Let's hear from
him, J.L.
Vice Mayor Plummer: ...I understand his concern. All right?
Commissioner Alonso: I think he has a very good point...
Vice Mayor Plummer: I think he needs to address the issue, but then we'll
speak to the motion. Speak, Mr. City Attorney.
Mr. Fernandez: Yes. The judge has told us, a federal judge has told me, Mr.
City Attorney, whenever you're going to do anything to the homeless, whenever
you're going to take their property, whenever you're going to move them,
whenever the City of Miami, as an entity, will deal with the homeless, would
you please, Mr. City Attorney, let the ACLU know, and would you let me know
also? -and come in front of me. Because, I, federal Judge Adkins, am
concerned about this problem, it's in front of me in a lawsuit, and I want to
know what's happening. Otherwise, City of Miami, you should not, because I'll
67 July 25, 1991
slap you with an injunction. That's what we're doing. Whenever my City
Manager comes to me and tells me, City Attorney, we are going to consider
moving the homeless. We're going to consider doing a program for the
homeless. We tell the City Manager, thank you, let's go in front of the
judge. Judge, look, this is what the City is proposing to do. Would you
bless it? Would you agree with it? That is the extent of what we're doing in
front of the federal judge. The federal judge has not retained for himself
jurisdiction. No arguments have been made in front of the federal judge.
There is no allegations in the complaint that the City of Miami is fiscally
responsible in solving the problems of the homeless. For me to go in front of
the federal judge and tell the federal judge, would you make all the other 26
municipalities in Dade County, as well as Dade County, as well as the state
government, fiscally responsible for the homeless is number one to assume, or
presume, that we are willing to accept the fiscal responsibility.
Mayor Suarez: That's not what the motion said.
Mr. Fernandez: Well, if it...
Mayor Suarez: As interesting and so on, and possibly inappropriate as the
motion was, it didn't say that. It only said that they should be... that the
judge should be told that this is a Countywide problem. Actually, that has
been told to the judge already...
Mr. Fernandez: Of course.
Mayor Suarez: ...but you might want to restate it to him. Folks, we have a
specific issue here before us. It is that we contribute some specific amount.
Let me clarify, if I may, for all the Commission, is this the totality of what
the State is offering? -what it stated, it paid six, number one and number
two, or number one says, a total of $107,500 in unallocated community services
block grant emergency homeless program funds, which can be contracted with
Metro -Dade County to be administered by the Community Action Agency. And,
number two, an additional $42,500 in federal drug abuse funds to be
distributed to Dade County via amendment to its present contract with the
Department of Community Affairs. Is this for a total, a grand total - thank
you for the math - of $150,000? Is this what the State is offering?
Mr. Traurig: May I...
Mayor Suarez: Well, can I just get a simple answer to that?
Mr. Traurig: I need an answer.
Ms. Anita Bock: My name is Anita Bock. Mayor, as you know, this process has
been going on for a month, and Commissioner Plummer...
Vice Mayor Plummer: Well, wait a minute, he's asked his question. Just
asked...
Ms. Bock: OK, all right, the...
Mayor Suarez: Oh, no, no, I know all of that. I know it better than you do.
Ms. Bock: All right, I just wanted to say something to you.
Mayor Suarez: No, no, I want an answer to this question.
Ms. Bock: I'm about to answer your question.
Mayor Suarez: If there's anyone here on behalf of the State that can answer
it? I have just received this letter from the Secretary of Community Affairs.
I want an answer to my question. Is this what the State is offering to give
from these programs, which they would, otherwise, have to give us anyhow?
Ms. Bock: Mayor, based...
Mayor Suarez: For the purposes intended. As stated in those funds.
Ms. Bock: Mayor, based on the fact that the City and the County only came up
with respectively $38,000 from the City and $19,000 from the County, the State
came back and said, based on those figures, they are only prepared to
contribute $150,000 in cash.
68 July 25, 1991
• s
Mayor Suarez: These two items that are stated here.
Ms. Bock: In cash.
Mayor Suarez: Let me ask...
Ms. Bock: Together with in -kind contributions.
Mayor Suarez: Let me ask my next question. What would happen if we didn't
participate with the item at number one and the item in number two? Wouldn't
the State, in any event, have to give $107,500 of the unallocated community
services block grant emergency homeless program funds to some emergency
homeless program funds somewhere in the State? Is there anyone...
Ms. Bock: From somewhere in the State, that's correct.
Mayor Suarez: Is there anyone more needy than Dade County right now?
Ms. Bock: Well, Mayor, they could give this to anybody else in the State...
Mayor Suarez: All right, that answers my question.
Ms. Bock: ...but they're saying that if you participate, they'll give it
here.
Mayor Suarez: I can't imagine that there's anyone that needs it more, so I
presume we would still get it - $42,500 in federal drug abuse funds to be
distributed to Dade County. Again, these are federal drug abuse funds,
federal drug abuse funds. The State is a conduit, I presume. Those funds
would still go to some drug abuse program. I can't imagine any county in the
State being more needy than Dade County. Now, having disposed of what the
State is going to do, and with the assumption that all the other work that has
been done to put all these other entities together, it's still a worthwhile
effort - which I think it is. And not noticing a heck of a lot of emergency
funds coming from the State. These are not emergency funds. I mean, they're
emergency because it's in the title, but, I mean, there's no new funds that
are being found anywhere as we requested two months ago. This Commission is
still prepared to do our share. We have today already given strong
recommendation - actually approved another $25,000 grant to Better Way for
treatment of indigents who have drug problems. I presume that $100,000 is
really minimal compared to our current effort. We spent...
Vice Mayor Plummer: It isn't a drop in the bucket.
Ms. Bock: Mayor, can I just please....
Mayor Suarez: No, no, no. Let me finish my statement. We spent about
$400,000 a year now in recurring funds. Now, if the Manager is prepared to
identify some place - whether it's Downtown Development Authority or any other
place - where we can borrow funds so that we can comply with this request
during this fiscal year, I would be prepared to vote for it. But not because
the State is requesting it. Because this community has worked awfully hard in
putting together a plan that everyone is involved in, and includes a
substantial contribution from the private sector, United Way, etcetera,
etcetera. And for that reason, I would do it. Certainly not because of the
State. The State was initially saying that they were ready to give $300,000.
That they were going to come from trust funds, from emergency funds. These
are not the kinds of funds that were discussed. I still think we have a
responsibility...
Vice Mayor Plummer: Does...
Mayor Suarez: ...as Commissioner Dawkins said and Vice Mayor Plummer, the
homeless are physically, the ones we're talking about, in the worst possible
conditions of health, are located within the City of Miami. They're also
located within Dade County. They're also located within the State of Florida,
and within the United States of America, because that area is the downtown for
all of those. So I, you know, I would have no problem if the Manager has any
recommendation. I don't know that it should be made in any way to look like
it's something that the state is exacting from us. We went to the State to
ask for their help, and now they're coming back asking us what we're supposed
69 July 25, 1991
111
to do for their help, which they should be giving 1n any event. And it should
be more substantial than this. And I'm going to tell this to the Secretary in
a letter that I will write to him...
Commissioner De Yurre: Mr. Mayor...
Mayor Suarez: ...which he's probably going to wish he didn't receive from me.
Yes, Commissioner De Yurre.
Commissioner Alonso: What happened to the three hundred thousand?
Commissioner De Yurre: Mr. Mayor, I'm confused. I'm confused with this
$38,000 figure. Didn't we approve at the last Commissioner meeting a program
about setting up the trailers and all that, I think that encompassed over
$100,000?
Vice Mayor Plummer: That's what this is. No.
Mr. Odio: No, sir. No, sir.
Commissioner De Yurre: Well, what was the hundred...
Mayor Suarez: Our in -kind estimate of our...
Mr. Odio: In fact, and I stated to the record, that it would not cost any
cash monies. That we would prepare the plan. That the plan would be
submitted to the State with the hope that the State would release funds to
cover this plan. And that was our position then, and it is now. The fact is
that we are prepared to help them set up... We went out, the moment we saw the
plan and we can get three trailers donated. We went to Southern Bell. They
can stall... You know, there's a lot of things that volun...
Commissioner De Yurre: We're still talking about the same plan.
Mr. Odio: We're talking about the same plan. We agreed to that plan.
Vice Mayor Plummer: Yes.
Mr. Odio: The short term, and the long term. I do think that the State is
not doing enough. To come up with that letter now today, and say they are...
But, at the same time...
Vice Mayor Plummer: Well, let me ask this question.
Commissioner De Yurre: Well, J. L., let me clear my mind this. I want to
know...
Mr. Odio: At the... let me... yes. OK.
Commissioner De Yurre: Well, I just... well, my understanding, for my own
edification here, I want to know we're talking about private, public, all this
Joint effort, I want to know how much money the City is putting in, the
County, and the private sector.
Mr. Odio: As of this moment, we're talking now we're not putting anything in.
No dollars.
Vice Mayor Plummer: Well...
Commissioner De Yurre: Well, no, no, no. We're putting... we're not putting
one penny in...
Commissioner Alonso: In -kind contributions.
Commissioner De Yurre: In -kind is dollars to me.
Commissioner Alonso: Of course.
Mr. Odio: I mean, if you're asking me cash, in -kind, we had two staff persons
working full time with the committee to develop the plan.
Mayor Suarez: Give him the estimate of the in -kind worth. It was $38,000.
70 July 25, 1991
Mr. Odio: It adds up to about $24,000, 1 think.
Vice Mayor Plummer: Victor, I think the answer that you might want to hear is
what has been proposed? A hundred thousand from the City. A hundred thousand
from the County. According to this, $150,000 from the private sector and
$100,000 from the religious sector. That is where they have identified these
funds to come from.
Commissioner De Yurre: So we're talking about a hundred, a hundred and fifty
from the private sector?
Mr. Odio: Right.
Vice Mayor Plummer: With the assurance that they are going to go out to the
private sector and try to solicit more.
Commissioner Alonso: And what happened to the $300,000 that the State was
going to give?
Vice Mayor Plummer: They're whistling Dixie.
Commissioner De Yurre: I heard three, I hear four hundred.
Commissioner Alonso: What happened to that?
Mr. Odio: They just wrote this letter today and what they offer, $107,000
from one chapter and $42,000 from another.
Vice Mayor Plummer: Well, let me ask this question, if I may. Because the
Mayor broached on a subject and I know that I'm going to be criticized, but
anyhow...
Commissioner Dawkins: Yes, you are.
Vice Mayor Plummer: I don't know of any more important project that the DDA
could do that directly affects the DDA than them to come up with that hundred
thousand dollars, and they have it. And I would say that if it's within the
purview of this City Commission, that we direct the DDA to make available
$100,000 of their fund to address this problem. I think that it... I don't
know of anything else that they could do, a sidewalk program, any other kind
of program, that is more important and more pertinent to this community that
they should be involved and they should be putting up the money from their
allocation. They have taxing ability just like this City Commission. They
get a half of a mill that they tax the people, and I think - and I'm ready to
offer a motion - if it's legal. Mr. City Attorney...
Mr. Fernandez: Yes, sir.
Vice Mayor Plummer: ...can we direct the DDA...
Mr. Fernandez: No, you cannot.
Vice Mayor Plummer: All right, then we can suggest to them very strongly.
Mr. Fernandez: Yes.
Vice Mayor Plummer: That they make available from their funds - in whatever
way they have to do it, and if it has to come from Matthew's salary so be it -
that they make available $100,000 immediately to address this issue as the
City involvement in this program. And I so move.
Commissioner Dawkins: Before - I don't even know if it got a second...
Vice Mayor Plummer: Well, maybe I don't.
Commissioner Dawkins: OK. But, you know, I have no problems with taking
$100,000 from DDA if it's put back the DDA from next year's CD funds. I don't
have a problem with that. But I do have a problem with stripping them of a
hundred thousand dollars now. But my main problem before...
Vice Mayor Plummer: I'll accept that.
71 July 25, 1991
AD -
Commissioner Dawkins:
Traurig, sir...
Mr. Traurig: Yes, sir.
My main... the only way I would vote for this is, Mr.
Commissioner Dawkins: The only way I would vote for this, Mr. Traurig, is -
that's me, personally - that in the event that this Commission decides to make
$100,000 loan to this project from the Downtown Development Authority, that
the hundred thousand dollars must come up from the County. The hundred
thousand dollars must come up from the private sector...
Commissioner De Yurre: Hundred and fifty.
Commissioner Dawkins: And that the money be spent when a... if you spend
$30,000, ten from each pot until it's all spent.
Mr. Traurig: We accept that as a challenge and a commitment and a condition.
Vice Mayor Plummer: Mr. Mayor, I would amend my motion to the wordage of my
colleague that this be a loan from the DDA...
Mayor Suarez: By the way, you should also amend it as to the amount. I think
the amount that had been suggested was $50,000 loan from the Downtown
Development Authority which is apparently the stuff... the amount that was
unallocated. Now, we do have $25,000 for Better Way. That has to count into
the pot.
Commissioner Dawkins: That's right.
Commissioner Alonso: Yes.
Mayor Suarez: We're up to seventy-five now.
Commissioner Alonso: I have two questions. One for Matthew Schwartz. What
about the money that the DDA has? I recall at the last meeting something was
mentioned two seventy-five, $275,000, almost three thousand, that you have.
What it was I...
Mr. Matthew Schwartz: Commissioner Alonso, the DDA, at the direction working
with the Commission last two years, because of the tax flow and the
assessments going on the down slide downtown in tax collections, that it has
been advised that we hold in abeyance right now. At the end of the year, we
should end with a balance of $160,000 that we are holding in abeyance for tax
short falls collections for next year in the future to keep this, so we, our
cash flow problem. This money, I suggest - I don't suggest, but at your
recommendation - if that is the money that could be, you know, at the approval
of the DDA board, to loan, at your suggestion, for this. That is the only
money that we have. In next year's budget...
Commissioner Alonso: Matthew, I have a specific recollection of the number
two...
Mr. Schwartz: No, in next year's budget.
Mayor Suarez: Yes, that was the amount...
Mr. Schwartz: That's next year's budget.
Mayor Suarez: Yes, that's the amount that we spent typically for...
Mr. Schwartz: Projects.
Mayor Suarez: ...physical improvements and projects. It's about two seventy-
five.
Vice Mayor Plummer: What is your total...
Mayor Suarez: It's about two seventy-five.
Vice Mayor Plummer: What is your total budget, Matthew?
72 July 25, 1991
Mr. Schwartz: The budget next year should be 1.5, approximately.
Vice Mayor Plummer: All right. Is there anything more important to the
DDA...
Commissioner Dawkins: Yes, going to lunch.
Vice Mayor Plummer: ...to address this problem? Anything that you do.
Mr. Schwartz: This has been identified as a major priority by the board.
Vice Mayor Plummer: And for us to sit here, and have you worry about whether
you're going to get the money back to do a landscaping or a river walk or
whatever, I don't understand. I don't know of a single thing that is more
important to this community, more affects the DDA - what you're established
there to do - and you're quibbling about a few dollars.
Mayor Suarez: J.L., why don't we...
Vice Mayor Plummer: I don't understand.
Mayor Suarez: ...rather than have your rhetorical question be asked - be
answered - Commissioner...
Commissioner Alonso: Yes, I think this...
Mayor Suarez: Commissioner Alonso.
Mr. Schwartz: Commissioner Alonso, the money that you were referring to, as
the Mayor had said, that is money that was for projects for next year for the
$30,000 for the match for Brickell Avenue, different studies and projects that
are the normal procedures of what DDA has been asked for.
Commissioner Alonso: OK, for studies. That's...
Vice Mayor Plummer: If you don't address this issue...
Mr. Schwartz: But that's after October. That money doesn't exist now.
Commissioner Alonso: So, we have no problem. I'm sure you have the money and
even if you're going to... you don't get it back, it's going to be done. So,
I'm not concerned about this hundred thousand dollars. I know it's done...
Vice Mayor Plummer: It's ten percent.
Commissioner Alonso: ... I'm not going... now I have two questions. I need
an answer. Why the State - and this is not to you, of course - the question,
what happened to the $300,000 and why the State is not coming forward with
what we thought it was something that had been agreed between the State and
all the other parties in this agreement?
Ms. Bock: Commissioner Alonso, the State never gave a specific amount. They
constantly spoke about a ball park figure which was based on a strong
commitment from the County, and from the City. In light of the low commitment
from the County and the City, they came back with that figure. We have every
intention of going back to them this afternoon, and asking them to increase
that amount. If they see this good will gesture coming from the City and from
the County tonight, then they may very well increase that figure. Although
you should... if you read the letter carefully, you will note that they are
giving $150,000 in cash, but they're also contributing a significant amount
in -kind. They are making social workers available, they will make job
placement personnel available. They will do whatever they can to assist and
make additional facilities available that will reduce the level of spending
that will be required on the total problem.
Commissioner Alonso: OK, maybe we should - when we made the motion to provide
this hundred thousand dollars - I think we should add that provided that the
State comes forward with the $300,000, it seems to me that it's only fair that
they provide the $300,000. If we are given a hundred thousand, it seems to me
that the State should give $300,000. And also, I have a question. If they
are fighting so much trying to give us peanuts, what's going to happen at the
end of the 30, 40 days? How are we going to find long term solutions to this
73 July 25, 1991
problem? -when the federal government and the State are not willing to
recognize the problem that exists in this area? And that, by the way, by many
of the actions of the federal government, daily the problem grows. And they
are not even facing the reality of it. What's going to happen at the end?
Are they going to come back to us and say, City of Miami, now you have to give
another hundred thousand or five hundred thousand, and a million and so on and
so forth? Is everyone going to say, it is only the responsibility of the City
of Miami? I don't think this is even fair, and I'm not saying that we don't
provide the money. Yes, indeed. But what after the 30, 40 days? Then what?
Mr. Armando Codina: Commissioner Alonso, we appreciate the problems that you
have, and the fact that you would like to see...
Vice Mayor Suarez: For the record, your name and mailing address.
Mr. Codina: Armando Codina, 150 W. Flagler. Appreciate the concerns that you
have about everyone putting in and doing their part. First of all, the
private sector is willing to put in $150,000, and that's committed and it will
be done. We want everyone to do their part. Whether it's the City of Coral
Gables or the City of Hialeah, we're going to stay on top of the State and
everyone else to solve the problem. We're looking at a short term and a long
term. But the fact is, that we have hundreds of people that come to this City
every day by rafts, and we find a place to feed them and house them,
rightfully so. Yet, we can't feed and house our own people. We got to solve
the problem. We're going to do everything that we can to get at every pocket
and find every dollar that needs to be found. But I would urge you to worry
about doing your part of it. These people are in our front door. I don't
care, frankly, where it comes from. It comes from DDA. I was a member of the
board of DDA. I don't know what DDA can do to promote the City when people
get off the expressway and see the kind of scene in front door.
Vice Mayor Plummer: Exactly what I said.
Commissioner Alonso: I agree.
Mr. Codina: So, whatever you come up from it, I think it, you know, it's
really immaterial to us. We leave that up to you. We are going to the state.
We are going to the federal government to make sure that everyone does their
part. The private sector has made a commitment. We're involved, we want to
solve the problem with you, and rather...
Mayor Suarez: OK. Armando, we'd better vote on this before I lose my quorum
here. The Commissioners are indicating, and rightly so, that we're 24 minutes
beyond our recess period.
Mr. Codina: Well, I would urge you...
Mayor Suarez: We have a motion basically...
Commissioner Dawkins: I'll tell you what, all of you over there. I'll tell
my good buddy Chiles, I don't need no more problems with this from the State
of Florida, send a check. When they talk about helping us, send the check.
Don't send no letter like this with no promises.
Mayor Suarez: And I intend to respond to this letter and reflect that
thought, and a few others that I have. Vice Mayor Plummer, would you adjust
your...
Vice Mayor Plummer: Yes, sir, I will... my motion will...
Mayor Suarez: ...motion to read $75,000 in loan from the Downtown Development
Authority?
Vice Mayor Plummer: My motion will read that we immediately make available,
or we urge to make immediately available from the DDA, $75,000 including the
$25,000 for the Better Way, comes to $100,000, as requested. I so move.
Commissioner Dawkins: Second.
Mayor Suarez: A total of a hundred, of which twenty-five is the Better Way
allocation...
74 July 25, 1991
Vice Mayor Plummer: Better Way, yes.
Mayor Suarez: ...and seventy-five a loan from the Downtown Development
Authority.
Vice Mayor Plummer: Which is addressing the issue.
Commissioner Alonso: Mr. Manager. Mr. Manager. The $25,000 is going to come
from the DDA, or is it going to come from the Law Enforcement Trust Fund?
Mayor Suarez: No, it's, I think, Law Enforcement Trust Fund.
Mr. Odio: It will come out either... it will come out of either Law
Enforcement Trust Fund, or the general fund of the Police Department this
afternoon.
Vice Mayor Plummer: Yes.
Mayor Suarez: OK.
Mr. Manuel Gonzalez-Goenaga: Half a minute, please.
Commissioner De Yurre: Mr. Mayor, for the record, I think that, you know, we
talk about... and I think that it's frustrating for us to see that we have to
bear the burden of the homeless, and for the last, I guess, since I've been on
this Commission, that this has taken this heightened level of homelessness.
You know, it bothers me that everybody looks to us to deal with this issue.
But I think that there's nothing more pressing and we keep hearing it, that
there's nothing more pressing than this homeless problem downtown. And that
the DDA should bear, you know, responsibility which is an extension of the
City of Miami. But I think that we have to send a message, and I think we
have to accept the challenge of saying, hey, we're going to do whatever we
can, and we're going to do something and, hopefully, the County will come.
Hopefully, the State will come along. Hopefully, the private sector will come
along, because it's in everybodys interest. But I don't want it to go out of
here saying, it's contingent. We won't do it if you don't, because it's like
a kids game. Well, I don't go if you don't go, and then I want a dress this
way, you that way. We accept the responsibility of doing something within our
means. We're doing something within our means, and I just hope that the rest
of the community...
Mayor Suarez: I think that's very well stated.
Commissioner De Yurre: ...different levels of government, accept the same
challenge and join us in this effort.
Mayor Suarez: And I wish they had acted that way because they really should
never have made their offer contingent on what they deem to be the proper
amount from us, and I certainly intend to say that to them, because they have
not put the...
Commissioner Alonso: Yes, but what I hope is that they continue to address
the problem...
Commissioner De Yurre: OK, call the roll because I'm out of here.
Commissioner Dawkins: Call the roll.
Commissioner Alonso: ...and they come with the money, because what is not
fair is that they say, the City of Miami has accepted the responsibility, and
now it's your problem. And now you get the money from the taxpayers of the
City of Miami. Enough is enough. So we are willing to address the problem.
We want to resolve the problem, but they'd better come and join us in a fair
way, because it's not right that they say, $300,000 and now they cut to
hundred thousand. I don't think it's right...
Mayor Suarez: That $300,000 found its way into a Herald editorial, for God's
sakes. It's incredible!
Mr. Gonzalez-Goenaga: Thirty seconds, please, Mayor.
75 July 25, 1991
Vice Mayor Plummer: Well, if they don't, Mr. Mayor, the other communities
don't, I think we ought to find out what it would cost us to rent ten
chartered buses.
Mayor Suarez: OK, moved and second...
Commissioner Alonso: And start doing exactly what they are doing to us.
Mayor Suarez: Any further discussion? If not, please call the roll.
Mr. Gonzalez-Goenaga: Thirty seconds, please.
Mayor Suarez: No, sir, no, sir. You're out of order. Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 91-571
A MOTION OF THE CITY OF MIAMI COMMISSION URGING THE
DOWNTOWN DEVELOPMENT AUTHORITY (DDA) TO IMMEDIATELY
MAKE AVAILABLE TO THE CITY OF MIAMI $100,000, ON A
LOAN BASIS, $75,000 OF WHICH THE CITY INTENDS TO USE
AS ITS SHARE IN CONNECTION WITH A PROPOSED COUNTYWIDE
SHORT-TERM PLAN FOR DEALING WITH DADE COUNTY'S
HOMELESS PROBLEM, AND $25,000 OF WHICH THE CITY
INTENDS TO ALLOCATE IN SUPPORT OF THE BETTER WAY
FOUNDATION, INC. PROGRAM; FURTHER DIRECTING THE CITY
MANAGER TO IDENTIFY AN ALTERNATE SOURCE OF FUNDING FOR
THE $25,000 INTENDED FOR THE BETTER WAY FOUNDATION,
INC.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: I'm voting yes, and I want to tell everybody over there,
find a way with the law and the judge, that as we move the people from under
395, that you establish some way for other people not to move in. Because
when the weather changes up north, we'll have the same amount of people under
395 that we got now, unless some guidelines are set. I vote yes.
Mr. Traurig: The coalition thanks you.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
12:29 P.M. AND RECONVENED AT 2:39 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT
EXCEPT COMMISSIONER ALONSO.
76 July 25, 1991
0
•
19. GRANT REQUEST BY COMMITTEE FOR COMMEMORATION OF AFRICAN HISTORICAL_ EVENTS
FOR ONE -DAY BEER AND WINE PERMIT FOR ITS CELEBRATION OF THE BICENTENNIAL
BOIS-CAIMAN FESTIVAL.
------------------------------------------------------------------------------
Commissioner Dawkins: Pocket item.
Mayor Suarez: Commissioner Dawkins has a...
Commissioner Dawkins: One pocket item.
Mayor Suarez: ...an item to be taken out of turn...
Vice Mayor Plummer: An emergency.
Mayor Suarez: ...on an emergency basis. Sir, give us your name and address
and what you're here on. Please. _
Mr. Emmanuel Schiller Sanon-Jules: Good afternoon, my name is Emmanuel
Schiller Sanon-Jules, and I work for the Haitian Task Force, 5925-27 N.E. 2nd
Avenue. And I'm also one of the members of the Committee for Commemoration of
African Historical Events. On July the lath, we appeared before the City
Commission and they granted us waiver on a few items. But during my speech, I
was interrupted a few times and, therefore, I didn't finish it. And one of
the major things that we came to the City Commission for was beer permit for
that one day allowing us to dispense beer. And...
Mayor Suarez: Is that recommended by the Manager? Is that recommended? -the
beer dispensation or beer permit?
Mr. Odio: Yes.
Commissioner Dawkins: What it was, Mr. Mayor, he had it, but he didn't ask
for it and we do it for everybody.
Mr. Odio: Yes, fine. I have no problem.
Commissioner Dawkins: Joe, can you agree with that? -go with that?
Lt. Joseph Longueira: Sorry, I didn't hear what you said, sir.
Mr. Odio: Beer permit for that festival. --
Commissioner Dawkins: One day, one day beer sales...
Mayor Suarez: What day was it again? What day was it?
Mr. Sanon-Jules: Saturday, August the 24th.
Mayor Suarez: Yes, I guess if we don't act on it today it will be too late by
the next Commission... —
Commissioner Dawkins: So move, Mr. Mayor.
Mayor Suarez: Moved. Thank you. Vice Mayor Plummer seconds. Call the roll.
Mr. Jorge Fernandez: For the record, I need to have the names so we can go
back to the resolution and consider this an amendatory paragraph to that
resolution.
Mayor Suarez: Absolutely.
Vice Mayor Plummer: Just be aware, so you're aware, when you serve alcoholic
beverages, the Police Department...
Mr. Fernandez: I have it.
Vice Mayor Plummer: ...require more police be involved. OK?
77 July 25, 1991
Mr. Sanon-Jules: Yes, sir. This morning...
Vice Mayor Plummer: The potential is always there.
Mr. Sanon-Jules: OK. This morning I was with one of the representatives of
special events for Miami Police Department and we went over the site and...
Vice Mayor Plummer: All I'm saying is that when you're asking for beer to be
allowed, that the Police Department require more personnel than if beer is not
served.
Commissioner Dawkins: What he's saying to you is, your cost to operate goes
up. That's what Commissioner Plummer is saying.
Mr. Sanon-Jules: OK.
Vice Mayor Plummer: Just be aware of that.
Mr. Sanon-Jules: And we went to the County and they wanted to give us a hand
with this. And they said they were willing to match the City half way,
whatever, you know, you guys could help us with on...
Vice Mayor Plummer: Well, we've already given you the equivalent of how much
in -kind?
Mr. Sanon-Jules: No. Well, Mayor Suarez did state at this last meeting, that
he would help us through some private funding. And we still haven't heard
any...
Commissioner Dawkins: We've done all we could do. It's up to them. All
right?
Mr. Sanon-Jules: Yes, sir, I do appreciate everything that you have done.
Thank you very much.
Mayor Suarez: All right. Thank you, sir. We need a vote on that. We have a
motion and a second.
Vice Mayor Plummer: Yup. Motion.
Mayor Suarez: Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-572
A RESOLUTION AMENDING RESOLUTION NO. 91-549, ADOPTED
JULY 11, 1991, BY AUTHORIZING THE SALE OF BEER AND
WINE FOR THE BICENTENNIAL BOIS-CAIMAN FESTIVAL TO BE
CONDUCTED BY THE COMMITTEE FOR COMMEMORATION OF
AFRICAN-AMERICAN HISTORICAL EVENTS ON AUGUST 24, 1991.
(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
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miriam Alonso.
78 July 25, 1991
20. (Continued Discussion) EXECUTE AMENDMENT NO. 5 TO AGREEMENT WITH DELOITTE
AND TOUCHE, CERTIFIED PUBLIC ACCOUNTANTS, IN ASSOCIATION WITH: (a)
SHARPTON, BRUNSON AND COMPANY, PA; (b) VERDEJA, IRIONDO AND GRAVIER; AND
(c) WATSON AND COMPANY, PA - FOR RENDERING ARBITRAGE REBATE COMPUTATION
SERVICES (See label 9).
Commissioner Dawkins: May I pull item CA-3? May I bring it back..
Mayor Suarez: CA-3, yes, at the request of Commissioner Dawkins had been
pulled.
Commissioner Dawkins: Mr. Mayor, Mr. Manager.
Mr. Odio: Yes, sir.
Commissioner Dawkins: I'm going to go along with whatever I have here,
because they say that this amendment is only worth $15,000. And that's not
worth sharing with the other minority participants. But I'm going to tell you
and them that the next time a $15,000 amendment comes, it ought to go to the
black.
Mr. Odio: Yes, sir.
Commissioner Dawkins: And not to them.
Mr. Odio: Yes, sir.
Vice Mayor Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-573
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENT NO. 5, IN SUBSTANTIALLY
THE ATTACHED FORM, TO AN AGREEMENT BETWEEN THE CITY OF
MIAMI AND DELOITTE & TOUCHE, CERTIFIED PUBLIC
ACCOUNTANTS, IN ASSOCIATION WITH SHARPTON, BRUNSON &
COMPANY, P.A.; VERDEJA, IRIONDO & GRAVIER; AND WATSON
& COMPANY, P.A., FOR RENDERING ARBITRAGE REBATE
COMPUTATION SERVICES AS REQUIRED BY THE TAX REFORM ACT
OF 1986 WITH FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED
$20,620 BEING ALLOCATED FROM FISCAL YEAR 1991
OPERATING BUDGETS OF THE GENERAL OBLIGATION DEBT
SERVICE FUND, THE SPECIAL OBLIGATION DEBT SERVICE
FUND - SERIES 1986A, AND THE SPECIAL REVENUE REFUNDING
BONDS - SERIES 1987, AS FOLLOWS: $12,420 FROM ACCOUNT
NO. 260224-340, AND $3,900 FROM ACCOUNT NO. 350115-340
RESPECTIVELY.
(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
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miriam Alonso
79 July 25, 1991
21. GRANT FUNDING REQUEST ($2,500) BY BELAFONTE TACOLCY CENTER TO SEND AREA
CHILDREN TO FLORIDA NATIONAL JUNIOR OLYMPICS IN TALLAHASSEE (FLORIDA
STATE UNIVERSITY CAMPUS).
Commissioner De Yurre: Mr. Mayor, please allow me to...
Vice Mayor Plummer: Mr. Mayor, there's a request here from Tacolcy.
Commissioner De Yurre: OK, go ahead, go ahead.
Vice Mayor Plummer: There's a request here from Tacolcy that they want to
send some of the kids to the Olympics in Tallahassee.
Mr. Odio: What?
Vice Mayor Plummer: You heard me.
money well well spent.
Commissioner De Yurre: Second.
And it's $2,500 and I think that it's
Vice Mayor Plummer: And I'd like to move it at this time.
Mr. Odio: Third.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-574
A RESOLUTION GRANTING THE REQUEST RECEIVED FROM
REPRESENTATIVES OF THE BELAFONTE TACOLCY CENTER FOR A
CASH CONTRIBUTION OF $2,500 IN ORDER TO FACILITATE THE
ATTENDANCE BY CHILDREN FROM THE AREA TO THE "FLORIDA
NATIONAL JUNIOR OLYMPICS" TO BE HELD ON FLORIDA STATE
UNIVERSITY'S CAMPUS, IN TALLAHASSEE, FLORIDA FROM JULY
29 THROUGH AUGUST 4, 1991; ALLOCATING AN AMOUNT NOT TO
EXCEED $2,500 FROM FUNDS TO BE APPROPRIATED FROM
SPECIAL PROGRAMS AND ACCOUNTS, FY 1990-1991, ACCOUNT
NO. 921002-930, TO THE BELAFONTE TACOLCY CENTER FRO
THE HEREIN STATED PURPOSE.
(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
July 25, 1991
-------------------------------- - ------- --------------------------- --------
22. COMMENTS CONCERNING COST ($7,000) OF POLICE DEPARTMENT'S ANNUAL REPORT.
(See label 8).
------------------------------------------------------------------------------
Commissioner De Yurre: Mr. Mayor...
Vice Mayor Plummer: Now, Mr. Mayor, let me... Victor, let me finish.
Commissioner De Yurre: Well, what you got?
Vice Mayor Plummer: No, I just want... have all of you seen this which we
passed this morning for the Police Department?
Commissioner De Yurre: No.
Vice Mayor Plummer: OK, I want all of you to look - and Commissioner Dawkins,
in particular - I want you to tell me what good this $7,000 book does for the
City of Miami?
Commissioner De Yurre: Is our pictures there?
Vice Mayor Plummer: And I'd sure love to know where it goes. I mean, it's a
gorgeous book.
Commissioner Dawkins: All right, OK.
Vice Mayor Plummer: And I don't know what they're selling. More fires, or
what?
Commissioner Dawkins: OK, give it to me.
Vice Mayor Plummer: You got it.
Commissioner Dawkins: And I'm going to take it to Miami -Dade Community
College.
Vice Mayor Plummer: Yes.
Commissioner Dawkins: And I'm going to have somebody on staff there with me
who's in communications evaluate it and give us a... critique it and tell us
how we can make it better.
Vice Mayor Plummer: No, tell us where it's going and what good. Because I
think we're selling more fires.
Commissioner Dawkins: OK. OK, J.L.
23. APPOINT INDIVIDUAL AS MEMBER OF OFFICE OF PROFESSIONAL COMPLIANCE
ADVISORY PANEL (Appointed was: William Chavez, Jr.).
------------------------------------------------------------------------------
Commissioner De Yurre: Anything else?
Vice Mayor Plummer: I'll think of something.
Commissioner Dawkins: Can he have the mike now, please?
Vice Mayor Plummer: No.
Commissioner De Yurre: I just want to appoint William Chavez, Jr....
Mayor Suarez: Vice Mayor yields to Commissioner De Yurre for at least the
next minute and a half until he interrupts him again.
Commissioner De Yurre: It will take less than that if he'll let me speak. I
just want to appoint William Chavez, Jr. to the...
81 July 25, 1991
Commissioner Dawkins: So move.
Commissioner De Yurre: ...Office of Professional Compliance. I have an
appointment, I'd like to appoint him.
Mayor Suarez: So moved, seconded. Any discussion? If not, please call the
roll.
Vice Mayor Plummer: Do we have a background and a resume and does he live in
the City?
Commissioner De Yurre: Oh, yes.
Vice Mayor Plummer: Is he financially able.
Commissioner De Yurre: He lives as much in the City as some of our opponents.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-575
A RESOLUTION APPOINTING WILLIAM CHAVEZ, JR. TO SERVE
AS A MEMBER ON THE CITY OF MIAMI OFFICE OF
PROFESSIONAL COMPLIANCE ADVISORY PANEL.
(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: You know, I don't know because I think this is
political. But I'll go along with it. Yes.
Vice Mayor Plummer: But wait a minute, I'm running and I didn't appoint him.
So if it's political, I shouldn't, should I? I vote yes.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: I'll entertain a motion to...
Vice Mayor Plummer: Shall we note for the record, that De Yurre did that
before Alonso got back?
Mayor Suarez: We could always expand the board.
82 July 25, 1991
----------------------------------------------------------------------
24. SCHEDULE PUBLIC HEARING (SEPTEMBER 11TH, 1991) TO TAKE TESTIMONY
REGARDING FLAGLER / CORE AREA SECURITY DISTRICT SPECIAL IMPROVEMENT
DISTRICT EXPANSION.
Mayor Suarez: Item six.
NOTE FOR THE RECORD: Commissioner Alonso entered the
meeting at 2:46 p.m.
Vice Mayor Plummer: Look.
Commissioner Alonso: Are you having a ball?
Vice Mayor Plummer: Why not?
Mayor Suarez: The boys are going wild, Commissioner.
Vice Mayor Plummer: You could laugh or cry, and I don't like crying.
Commissioner Alonso: So trying laughing.
Mr. Matthew Schwartz: Item six is to set a date for public hearing for the...
Commissioner Dawkins: So move.
Mr. Schwartz: ...expansion of the Ranger Program, and...
Mayor Suarez: So moved.
Commissioner De Yurre: December 17th.
Vice Mayor Plummer: Six? Is this item six?
Mr. Schwartz: September 11th, I think, is what was proposed.
Mr. Odio: Wait a minute, this is for a Commissioner?
Mr. Schwartz: Yes, a Commission... the 11th, yes.
Mayor Suarez: September 11th, so moved. Seconded by Commissioner De Yurre.
Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-576
A RESOLUTION SCHEDULING A PUBLIC HEARING FOR SEPTEMBER
11, 1991, AT 4:30 P.M., TO TAKE TESTIMONY REGARDING
THE FLAGLER/CORE AREA SECURITY DISTRICT SPECIAL
IMPROVEMENT DISTRICT EXPANSION, WHICH CREATION FOR A
ONE YEAR PERIOD WAS INITIATED BY RESOLUTION NO. 91-
468; PROVIDING THAT AT SUCH TIME ALL PROPERTY OWNERS
OR ANY OTHER PERSONS INTERESTED THEREIN MAY APPEAR
BEFORE THE CITY COMMISSION AND BE HEARD AS TO THE
PROPRIETY, ADVISABILITY AND COST OF MAKING SUCH
IMPROVEMENTS AGAINST EACH PROPERTY SO IMPROVED.
(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:
83 July 25, 1991
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: I've said before, I'll say again, I think they can get a
better bang for their buck, but if the merchants want it, and they're willing
to pay for it, God bless them, I vote yes.
------------------------------------------------------------------------------
25. APPROVE ISSUANCE OF HEALTH FACILITIES REVENUE BONDS, SERIES 1991A
($35,000,000) (MERCY HOSPITAL, INC. PROJECT).
Mayor Suarez: Item 7.
Vice Mayor Plummer: Move it.
Commissioner Dawkins: Second.
Mayor Suarez: Florida Health Facilities Authority.
Commissioner Dawkins: With the understanding that this is no cost to the
citizens of the City of Miami.
Vice Mayor Plummer: That is....
Mr. Odio: None, and they will reimburse any costs that we may have.
Mayor Suarez: It doesn't involve the...
Commissioner Dawkins: It will what?
Mr. Odio: They will reimburse the City of any expenses we might have.
Vice Mayor Plummer: Correct. Just for the record, Mr. Mayor. Mr. City
Attorney...
Mr. Jorge Fernandez: Yes, sir.
Vice Mayor Plummer: I, in fact, sit on a board at Mercy Hospital for the
Outpatient Clinic. I derive no income. It is strictly gratis, just for the
record, have I....
Commissioner Dawkins: You have to... Yes, you must excuse yourself.
Mr. Fernandez: No, no, no.
Vice Mayor Plummer: Do I excuse myself or I don't excuse...
Mr. Fernandez: No, you do not a conflict of interest.
Vice Mayor Plummer: Just for the record, thank you, sir.
Mayor Suarez: All right.
Commissioner De Yurre: Don't you have an arrangement with the bodies...
Mayor Suarez: Call the roll on the item, please.
Vice Mayor Plummer: Only closings of the caskets.
84 Judy 25, 1991
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-577
A RESOLUTION OF THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA, APPROVING THE ISSUANCE BY THE CITY OF MIAMI,
FLORIDA HEALTH FACILITIES AUTHORITY OF HEALTH
FACILITIES REVENUE BONDS (MERCY HOSPITAL, INC.
PROJECT), SERIES 1991A, IN AN AGGREGATE AMOUNT NOT TO
EXCEED $35,000,000.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
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.
Commissioner De Yurre: it's a Catholic thing, you know.
------------- ------------------- --------- -------------------------------------
26. ACCEPT BID: MET CONSTRUCTION, INC. ($1,837,000): ORANGE BOWL
MODERNIZATION PROJECT PHASE II - RESTROOMS (1991) B-3231-D (Project
404238) - EXECUTE CONTRACT.
------------------------------------------------------------------------------
Mayor Suarez: Item eight.
Mr. Odio: OK, the contract cost is one million, eight thirty-seven. That is
to do all the bathroom facilities, electrical work, and painting for the
Orange Bowl.
Vice Mayor Plummer: Move it. Who's the successful bidder?
Mr. Odio: The lowest bidder is R & R...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Odio: I'm sorry.
Mr. Wally Lee: Met Construction.
Mr. Odio: Met Construction. Met, Met.
Vice Mayor Plummer: Who?
Mr. Lee: Met Construction.
Mr. Odio: Met, M-E-T.
Mr. Lee: M-E-T.
Vice Mayor Plummer: All right, the question I have is - and I think it's
important - is this work going to be done where it is not disruptive?
Mr. Odio: No, no, it has to be done before the season starts.
Vice Mayor Plummer: Is it going to be done where it is not disruptive to any
events in the Orange Bowl?
85 July 25, 1991
Mr. Lee: Commissioner, it's for a contract in the length of 120 days. It
will be during the Hurricane football season. However, we made arrangements
so that during game days, which usually will be on a weekend, the contractor
will not be at the site. Everything will be properly barricaded and set in
order to...
Vice Mayor Plummer: It's not my point.
Mr. Odio: It will not interfere.
Vice Mayor Plummer: Mr. Lee, Mr. Lee.
Mr. Lee: Yes, sir.
Mr. Odio: It will not interfere.
_ Vice Mayor Plummer: If they're going to be redoing the bathrooms, and they
barricade them, the point has to be asked, are there... we have a shortage of
bathroom facilities now.
Mr. Odio: No, no...
Commissioner Dawkins: We're going to use Port-O-Lets.
Mr. Odio: No, that's..... Commissioner...
Vice Mayor Plummer: Huh?
Commissioner Dawkins: Port-O-lets.
Vice Mayor Plummer: Huh?
Mr. Odio: By the time we start the season, we'll have sufficient bathroom...
We are adding bathrooms to the Orange Bowl.
Mr. Lee: We're adding.
Vice Mayor Plummer: I understand.
Mr. Odio: So the additionals will be programed so we do it during the season
without interfering with the events.
Vice Mayor Plummer: All right, one other question, then I'll leave it alone.
Doctor Prieto, it was you who finally - after all of these years of high
priced help that we paid - that found out that one of the problems that we
were having was not really our problem, but a pumping station that was not
properly attended to.
Mr. Odio: That's correct, that's correct.
Mr. Prieto: Yes, sir.
Vice Mayor Plummer: Has that matter... I mean, you could put in all the
bathrooms you want, but if that pumping station over there doesn't function,
what has been done to address that problem?
Mr. Prieto: As you can see, around the site we have dug up all the sewer
lines. We're putting in brand new sewer lines, and brand new connections to
the pump. The pumps are in operation now.
Vice Mayor Plummer: You're assuring me that the responsibility of Miami -Dade
? Water and Sewer is being met to adequately provide for that which we're doing?
Mr. Prieto: Yes, sir...
i
Vice Mayor Plummer: OK.
x
Mr. Prieto: ...in addition, everything we're spending on sewers, we're going
to get back.
Vice Mayor Plummer: OK, sir.
86 July 25. 1991
-46
46
Commissioner Dawkins: Back from where?
Mr. Prieto: From Miami -Dade...
Commissioner Dawkins: From Miami what?
Mr. Prieto: Miami -Dade Water and Sewer Authority.
Commissioner Dawkins: When?
Mr. Prieto: As soon as we finish.
Vice Mayor Plummer: Don't hold your breath.
Mr. Prieto: We're building it and...
Commissioner Dawkins: You see, I don't understand... this is another thing,
Mr. Manager, that irritates me. Every time I look up, Dade County is ripping
us off. No, I think we're being ripped off. And every time I look up, you're
doing work for Dade County. Now what's the estimate of that work, Doctor?
Mr. Prieto: No, sir, we're doing...
Commissioner Dawkins: What's the estimate of the amount of work you're doing?
Estimate.
Mr. Prieto: Two hundred thousand dollars.
Commissioner Dawkins: Two hundred thousand. So Dade County leaves $200,000
in the bank. It draws interest, and they decide to pay us when they want to.
And this goes on and on.
Mr. Prieto: They pay us timely now days, sir. We have some retrofitting that
they're paying us.
Commissioner Dawkins: I'm so glad that they pay us timely now. I'm concerned
about when they were not paying us timely, and I hope that they continue to
pay us timely. Thank you.
Mayor Suarez: OK, on the item. We have a motion and a second, do we, Madam
City Clerk?
Vice Mayor Plummer: Move it.
Ms. Hirai: We just need a second. Commissioner De Yurre.
Mayor Suarez: Call the roll on the item, please.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-578
A RESOLUTION ACCEPTING THE BID OF MET CONSTRUCTION,
INC., IN AN AMOUNT NOT TO EXCEED $1,837,000.00, TOTAL
BID OF THE PROPOSAL, FOR ORANGE BOWL MODERNIZATION
PROJECT PHASE II - RESTROOMS (1991) B-3231-D; WITH
MONIES THEREFOR ALLOCATED FROM THE FISCAL YEAR 1990-91
CAPITAL IMPROVEMENT ORDINANCE NO. 10782, PROJECT NO.
404238, IN THE AMOUNT OF $1,837,000.00 TO COVER THE
CONTRACT COST AND $141,681.23 TO COVER THE ESTIMATED
EXPENSES, FOR AN ESTIMATED TOTAL OF $1,987,681.23; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH SAID FIRM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
87 July 25, 1991
a
i
— AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
i Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
27. EXECUTE PROFESSIONAL SERVICES AGREEMENT: CH2M HILL SOUTHEAST, INC., FOR
PROFESSIONAL AND TECHNICAL SERVICES RELATED TO APPLICATION FOR PHASE I
AND INDUSTRIAL NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT
($350,138 - Project 352277).
------------------------------------------------------------------------------
Mayor Suarez: Item nine.
Vice Mayor Plummer: I don't think we got a choice, I'll move it.
Mayor Suarez: Moved.
Mr. Odio: We got no choice on that.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Any discussion on item 9? If not, please call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-579
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH CH2M HILL
SOUTHEAST, INC., IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR PROFESSIONAL AND TECHNICAL SERVICES
RELATED TO THE APPLICATION FOR THE PHASE I AND
INDUSTRIAL NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM PERMIT, IN AN AMOUNT NOT TO EXCEED $350,138.00;
WITH MONIES THEREFOR ALLOCATED FROM THE FISCAL YEAR
1990-91 CAPITAL IMPROVEMENT ORDINANCE NO. 107829
PROJECT NO. 352277.
(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.
88 July 25, 1991
---------------------
---------------------------------------------- ---------
28. APPOINT INDIVIDUAL TO SERVE AS MEMBER OF NUISANCE ABATEMENT BOARD
(Appointed was: Kishor Parekh; one appointment still pending).
------------------------------------------------------------------------------
Mayor Suarez: Item 10. Nuisance Abatement Board appointments.
Vice Mayor Plummer: I made mine.
Mr. Odio: The first part is that we need to clarify the term of each of these
members, and then we need an appointment from Commissioner Dawkins and from
Commissioner De Yurre.
Mayor Suarez: OK, on...
Commissioner Dawkins: Mr. Gary, what's that gentleman who's not from America
in your office. What's his name?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Dawkins: Come up to the mike, sir.
Mr. Howard Gary: Kishor Parekh?
Commissioner Dawkins: Huh? No, not Kishor, not Kishor, the other one.
Mr. Gary: Hector Montez.
Commissioner Dawkins: No, not Hector, no, the other one then.
Mr. Gary: Kishor.
Vice Mayor Plummer: Yes. OK, why is that for today?
Commissioner Dawkins: OK. Give them your name... I'm going to appoint him to
the Nuisance Abatement Board. OK, give them the name, will you, Mr. Gary,
please?
Mayor Suarez: All right.
Mr. Odio: We need to decide which one serves two years, and which one serves
three years.
Commissioner De Yurre: Is he black like you? Indian like you?
Mayor Suarez: Mr. Manager, unless otherwise specified, let's, please, I think
I reflect the thinking of the Commission, if we may assume that you can decide
by whatever means...
Mr. Odio: Oh, I can.
Mayor Suarez: ...you find logical, who's going to serve for one and two year
terms.
Mr. Odio: It's called "tin marin de dos pingue."
Mayor Suarez: Believe me, when this Commission is really interested in
certain appointments, we will be very very clear on who gets one and two
years, but most of these, you know...
Mr. Odio: Do you remember the old saying, "tin marin de dos pingue"? We'll
do 1t that way.
Mayor Suarez: There's no real simple translation for that.
Commissioner De Yurre: That's a real deep thought. Real deep.
Mr. Fernandez: It's a coffee can, because we need to assign to some a three
year and to other, two years. And if you don't mind...
89 July 25. 1991
0
PA
Mayor Suarez: No.
Mr. Fernandez: OK.
Commissioner Dawkins: On my appointments, take them alphabetically. The one
with the ABC or D will get one year, and the one with the other one, will get
two years.
Vice Mayor Plummer: Wait a minute, I don't remember my appointment's name. I
don't know whether I agree to it or not.
Commissioner De Yurre: OK, I appoint Hank Aaron.
Vice Mayor Plummer: Hey, that's fine with me. What his name, ? Is
that mine?
Mayor Suarez: OK, on both of those motions, with the system of allocating one
and two year terms to be decided by the Manager and City Attorney.
Vice Mayor Plummer: I protest. My guys name is Wiggins.
Mayor Suarez: Just ask... As to the ones you appoint, they will be done by
whatever method they come up with, including alphabetical, please.
Vice Mayor Plummer: That's fine.
Mayor Suarez: Somebody's got to appoint Zamora now. He's going to really be
in trouble. All right. Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 91-580
A MOTION APPOINTING KISHOR PAREKH TO THE NUISANCE
ABATEMENT BOARD.
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.
Vice Mayor Plummer: Do we have any idea from the administration how long
before this board will be in and start operating?
Mr. Fernandez: Yes, for the next fiscal year, my understanding is that the
Police Department and the administration has already made provisions.
Mr. Odio: We already have a staff ready to go, and...
Mr. Fernandez: Right.
Vice Mayor Plummer: But, I mean, will they start handling hearings as
September 1st?
I Mr. Fernandez: Yes. I believe the scheduled day would be October for the
i first... for the board to start actually hearing cases.
Vice Mayor Plummer: And what about all of the equipment that has to be
purchased for that board? Where is that money allocated from? Mr. Manager?
Mr. Fernandez: My understanding is that the Police Department and the
administration have...
90 July 25, 1991
Mr. Odio: We are meeting on funding of this...
Vice Mayor Plummer: Because the main thing that I thought was the noise...
Commissioner Dawkins: What item are we on now?
Vice Mayor Plummer: ...for the equipment for the meters and all of that that
had to be purchased.
Commissioner De Yurre: We're on 11.
Vice Mayor Plummer: Because I can tell you, that's going to be one of the
first big items is noise. Especially from Coconut Grove.
Commissioner De Yurre: He just made this up, so...
Vice Mayor Plummer: That's going to be addressed by that Nuisance Board.
Commissioner Dawkins: I thought we passed that.
Mayor Suarez: No, we didn't.
Mr. Fernandez: I believe that that equipment is already owned by another
department of the City, and that they're working out an arrangement to
share....
Vice Mayor Plummer: OK, then I can tell people that they will start
scheduling their first hearings October.
Mr. Fernandez: No, I cannot represent that to you, Commissioner.
Vice Mayor Plummer: Well, that's what I'm asking. Please.
Lt. Joseph Longueira: Commissioner, it's going to take time to build the
cases. October 1, they have to wait till they get enough violations and
enough verifiable circumstances. So starting October 1, that's not going to
occur. We're going to start...
Vice Mayor Plummer: Well, people can start registering complaints in
September?
Lt. Longueira: Yes, in September...
i Vice Mayor Plummer: OK.
Lt. Longueira: ...and as we verify them, and we build the cases, then we'll
start going through the process.
Vice Mayor Plummer: Thank you, sir. I just want to be able to tell people
when they call.
------------ ---------- ----------------
---------------------------------
------
i
29. GRANT REQUEST FOR USER FEE WAIVER BY NEW AGE DANCE THEATER CONCERNING
THEIR FILM PRODUCTION, "FAUNO", AT MANUEL ARTIME CENTER - ALLOW FREE USE
OF PREMISES, WITH CONDITIONS.
------------------------------------------------------------------------------
Mayor Suarez: All right, on item 12, New Age Dance Theater request. Are they
here? Do we need to do anything on this item, Frank?
Mr. Frank Castaneda: They're asking for money.
Mayor Suarez: All right, we'll table it for the moment, unless they show up.
On item 13.
Vice Mayor Plummer: We've done.
Mayor Suarez: Done. Item 14.
91 July 25, 1991
0
Vice Mayor Plummer: Miller Dawkins.
Mr. Scott L. Gordon: Excuse me, Mr. Mayor.
hear you.
Mayor Suarez: Item 12, OK, very quickly.
I'm here for item 12, I didn't
Commissioner Dawkins: Pull the mike down to you.
Mr. Gordon: We're here to... Good afternoon, Mr. Mayor and Commissioners,
firstly. We are here to... We were working with the Nora Swan Foundation and
we were told that you were trying to find funds to allocate us $4,000, and
that was going to be used toward the use of the Manuel Artime. And what we're
requesting and hope...
Mayor Suarez: Was this for the performance that would also constitute a film
of some sort?
Mr. Gordon: Yes, that's correct.
Mr. Castaneda: That is correct, Mayor.
Mayor Suarez: Did you read the script finally?
Mr. Odio: No...
Mr. Castaneda: Yes, we have. There's nothing pornographic about it.
Mayor Suarez: It's a short handwritten script.
Mr. Gordon: Well, the original copy is not handwritten, but I produced a
condensed version for Dr. Lizaso so he can get an idea of the...
Mayor Suarez: Yes, he needs things condensed.
Vice Mayor Plummer: Well, the question is, I guess, according to the script,
is, in fact, can we be assured that that is exactly the script that will be
used and nothing deviated from?
Mr. Gordon: Yes, sir.
Mayor Suarez: The expanded version of the condensed version. What is the
recommendation? Do we have... Does this make sense, given what we're trying
to do?
i Mr. Odio: No, I recommended against it. We gave them enough money already.
Mayor Suarez: All right. Unless any Commissioner wants to delve further into
this, we've got many other items to go through today.
Mr. Odio: We don't have any money. We just don't have any money.
Mayor Suarez: We're not a production company here. We're not a film or dance
production company.
Mr. Gordon: Well, sir, oh, absolutely. But, I think there's a
misunderstanding about what our intentions are. We are using the facility to
produce a short film that is going to promote our ballet season. We are
receiving... we are working on receiving funds from the Hannibal Cox Grant,
which we receive in October 1st. And we want to open our season on October
1st at the Manuel Artime providing them with two different ballets in that
month. And so the film is merely to promote the ballet season. And what
we're asking is help on the waiving of this facility, because we're shelling
j out an enormous amount of money for this film already. And to spend, you
know, this amount of money...
i
Commissioner De Yurre: Are you going to be paying all the expenses and
everything to rent the Manuel Artime for the ballet?
Mr. Gordon: Excuse me? And that's... Correct, we want to pay for our
performances in October, as if any other company. We're not asking to waive
our season. We want to use the facility under the standard procedure, thus
bringing them business. And we have intentions...
92 July 25, 1991
A _4
Commissioner De Yurre: How much money are we going to be making by them using
the facility?
Dr. Antonino Lizaso: The rental facility, Commissioners, is $3,300 for three
days of filming and two days of rehearsal.
Commissioner De Yurre: No, no, when they perform there, that they're asking
about... You know, they're going to be renting the facility for their
performances. How much money are we going to be making off of that?
Mr. Lizaso: We will be making, if we charge rent, $350 per show, plus ten
percent of gate. We have eight...
Vice Mayor Plummer: What about the sur...
Mr. Lizaso: ...eight hundred seats. If they sell at $10, that's $8,000.
Figure $800 plus $300.
Commissioner De Yurre: OK, are you telling me that the rent of the Manuel
Artime for a show is $350?
Mr. Lizaso: Plus ten percent of gate, sir.
Commissioner De Yurre: OK, if there's no gate, there's $350.
Mr. Lizaso: Yes, sir.
Commissioner De Yurre: OK, and how much are you saying is the rent for them
to rent the facility for the filming?
Mr. Lizaso: For filming, is three days of filming, that's 8 hours a day, plus
two rehearsals, eight hours, is $3,300, sir.
Commissioner De Yurre: How does that come up... How do you differentiate $350
per performance and now it's like ten times that?
Mr. Lizaso: Because it's $350 per four hour session. They would have two
hour sessions per day times three days of filming, plus eight hours of
rehearsals. It comes out to $3,300, according to what we have stipulated as
rental fees.
Commissioner De Yurre: I think that overall, if they perform there, they're
going to pay full rent, plus ten percent of gate, whatever. I think we're
talking about pretty much a wash. So, I'd have no problem promote... You
know, as far as promoting the Manuel Artime and getting some activity in there
as offsetting it with their gate. You know, if somebody feels along those
lines, I'd do that. I'd be willing to move that.
Mr. Gordon: Yes, and now what I've been trying to - excuse me - I've been
trying to make clear to Dr. Lizaso is our season, we intend on having a season
with a troop of up to 12 dancers ranging from October 1st to May 31st. And
every ballet we do in each month during that time period, we intend on opening
j at the Manuel Artime, because out of respect...
Commissioner De Yurre: Well, let me see, I'll move the following. That we
grant them the use of the facility for their filming, and that we take the
money off the top to get reimbursed for these monies from their performances.
When is it? -in October?
Mr. Gordon: Yes. We intend on... first performance is October.
Mr. Lizaso: Commissioner De Yurre, with all due respect, we have not yet
booked officially these people, we don't know if we have dates in October.
Commissioner De Yurre: Well, subject to officially everything being in order.
Mr. Gordon: I've already made arrangements with Maggie and Lilia to schedule
performances in October. I've been doing that over the last two days with
them.
Commissioner De Yurre: OK, that's my motion.
93
July 25, 1991
Mr. Jorge Fernandez: Could you restate it, Commissioner De Yurre?
Commissioner De Yurre: Motion is - they're going to be using the facility for
performances...
Vice Mayor Plummer: Yes.
Commissioner De Yurre: ...so I'm moving that we allow them to use the
facility to do their film, make their promotional film, and that we make up
the money of the use of the facility from their gate right off the top.
Vice Mayor Plummer: Do we get the first amount of monies that come in the
door?
Commissioner De Yurre: Sure. To get reimbursed for that.
Vice Mayor Plummer: So, in other words, the first $3,300 that comes in as
admissions - if they make that much - goes to repay the City.
Commissioner De Yurre: Yes.
Mr. Gordon: Correct.
Mr. Lizaso: May I...
Vice Mayor Plummer: And no expenses?
Mr. Gordon: Yes. In the film, I have to emphasize that...
Vice Mayor Plummer: No expenses come out of that. Is that correct?
Mr. Gordon: The film is a nonprofit. We are not going to gain anything but
recognition from this film.
Mayor Suarez: We hope you profit enough to pay us.
Mr. Lizaso: Sir, you're talking about two different instances, with all due
respect. You're talking about three days of filming, which cost $3,300. Then
you're talking about the fact that they will go to the theater and do a series
of performances for which they would have to pay anyhow. So really we are out
$3,300.
Vice Mayor Plummer: No, sir, you're not understanding me. I'm saying, if
they charge $10 a ticket and they're lucky enough to get a total income of
$3,300, the first $3,300, without any expenses taken out, comes back to the
City.
Mr. Lizaso: OK, fine.
Vice Mayor Plummer: I understand. The movie is one thing. We will not get
anything out of that.
Commissioner De Yurre: Think of it as an advance.
Vice Mayor Plummer: The performances is if they're lucky enough to get
$3,300, then, in fact, we get the first $3,300, and you're monitoring it.
Mr. Lizaso: Yes, we do control the gate.
Mr. Gordon: Yes, we needed the help to get on our feet with this basically,
and get things rolling.
Vice Mayor Plummer: OK.
Commissioner De Yurre: OK, so that's...
Vice Mayor Plummer: I just hope you make $3,400.
Mayor Suarez: All right. That's the motion, it's basically a waiver where we
would recover the cost of the facility from the first $3,300 made.
94 July 25, 1991
Is 'A
Mr. Gordon: And I don't know if you've read in the letters what the ultimate
plans are, but...
Mayor Suarez: So moved?
Vice Mayor Plummer: I'll move it.
Mayor Suarez: Second.
Vice Mayor Plummer: I'm sorry, Victor moved it. I second it.
Mayor Suarez: Any discussion? If not, please call the roll.
Mr. Gordon: Excuse me.. Oh, go ahead.
Mayor Suarez: That's all you're going to get today, but let's vote on that at
least.
Mr. Gordon: I just wanted to ask permission for one other thing.
Mayor Suarez: Wait, wait, wait, let's vote. Let's vote.
Commissioner Dawkins: You got to wait until you get this, and then ask for...
Vice Mayor Plummer: Quit while you're ahead.
Mr. Gordon: Sorry.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 91-581
' A RESOLUTION GRANTING THE REQUEST OF NEW AGE DANCE
THEATER FOR THE USE OF THE MANUEL ARTIME PERFORMING
ARTS CENTER FREE OF CHARGE FOR THE FILM PRODUCTION OF
"FAUNO" ON AUGUST 17, 1991, CONDITIONED UPON THE
ORGANIZERS REIMBURSING THE CITY FROM THE GROSS
RECEIPTS OF ADMISSION TICKETS TO THREE DANCE
PERFORMANCES TO BE CONDUCTED BY NEW AGE DANCE THEATER
DURING THE MONTH OF OCTOBER 1991; SUBJECT TO THE
ORGANIZERS OBTAINING INSURANCE TO PROTECT THE CITY IN
THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Gordon: I just wanted to ask permission if you would grant us the use,
we'd like to change our names for the future organization, and we'd like to
call ourselves the City of Miami's New Age Dance Theater, and we want to know
if you would back us on using that if we can receive your permission.
Mayor Suarez: Why don't we take that up at a later time depending on how well
you do.
Commissioner De Yurre; You can always put the name Miami New Age Dance
Theater, there's nothing against that.
95 July 25, 1991
....... .... ..
Mayor Suarez: You might want to explore Miami, City of Miami is a little
long.
Vice Mayor Plummer: Miama.
Mayor Suarez: I don't know what the hell that is.
Vice Mayor Plummer: That figures.
Mayor Suarez: All right.
Commissioner De Yurre: Just get J.L. to dance with you all.
Mayor Suarez: Yes.
Vice Mayor Plummer: It's the only problem, instead of a tutu, I'd have to
have a three -three.
Mayor Suarez: I wonder what the Indians pronounced it? Who came up with the
word. All right, thank you. Next item, we won't take a vote on that other
one.
Mr. Gordon: Thank you.
------------------------------------------------------------------------------
30. (A) INSTRUCT MANAGER TO PURSUE SALE OF MUNICIPAL JUSTICE BUILDING
(1145 N.W. 11 STREET) AND TO MAKE RECOMMENDATION TO COMMISSION.
(See label 54).
(B) DISCUSSION
CONCERNING
PARK (See label P A54) SALE OF
MELREESE GOLF COURSE AND
GRAPELANDHEIGHTS
Mayor Suarez: Item 14.
Vice Mayor Plummer: Oh, this is Commissioner Dawkins' agenda.
Commissioner De Yurre: Let me say, you all received my memo that at 6:00
o'clock the folks from Grapeland Heights are going to be coming over here, so
we can deal with that issue.
Vice Mayor Plummer: Thanks.
Commissioner De Yurre: Finally, once and for all, and clear the air as to the
Melreese scenario.
Vice Mayor Plummer: Thanks.
Commissioner De Yurre: You're welcome.
Mr. Odio: What I can do is maybe brief you on where we are in the sale of any
properties. At the moment, my only conversations with the County is on the
1145 building. And the Melreese Golf Course is not part of the conversations
we're having with them at this time. We had indicated to them that that's not
something we need to talk about at this time. Their number one agenda is that
building, and it's ours too. We've been trying very hard to get the most that
we can for that building. And I hope that we can bring that to a conclusion
very soon. As far as Miami Springs Golf Course is concerned, the first offer
they made was too low and I told them I would not proceed with it, unless they
changed that number. And then, at that time, I could notify you of that. So,
as of right now, I'm just waiting for them to make an offer to the City on
what they will buy that building for. That's where we are at this moment. We
have...
Commissioner De Yurre: How much did they offer for the Miami Springs?
Mr. Odio: The first offer was two and -a -half million dollars. I told them to
forget it.
Mayor Suarez: We're talking about Melreese here?
96 July 25, 1991
11
Mr. Odio: No, no, no, Miami Springs.
Mayor Suarez: Oh, Miami Springs.
Mr. Odio: Melreese we never had...
Mayor Suarez: Is there some sort of a configuration, blue print, design of
any sort that shows what it is that they would want in Melreese if we were
ever...
Mr. Odio: They want the whole thing.
Mayor Suarez: How much land are they asking for over there?
Mr. Odio: The whole, the whole. They wanted to buy the whole thing. They
wanted to buy the whole complex.
Commissioner Dawkins: They wanted to steal the whole thing.
Mr. Odio: When we first went to them was on Miami Springs.
Mayor Suarez: Once again my question, before you give me the history of it...
Mr. Odio: No, no, just to...
Mayor Suarez: ...is there any plan, configuration, design, or otherwise?
Everybody else seems to be talking about it, and we don't have it.
Mr. Odio: I have not... We do not have any configuration. They came to us
and said, we want to buy Melreese outright, all of it.
Commissioner Alonso: How come they feel so confident that they are having...
Mr. Odio: I don't know.
Commissioner Alonso: ...blueprints and things like that and...
Mr. Odio: I don't know. They want to make us an offer. They said they would
make appraisals... have appraisals done at their own cost.
Vice Mayor Plummer: Yes, that's what really triggered the people of Grapeland
Heights is when the appraisals were done.
Mr. Odio: See, they're doing appraisals at their own cost.
Vice Mayor Plummer:
in the works.
Mr. Odio: Sure.
That really triggered them that something was definitely
Vice Mayor Plummer: Now, what I found out was - and correct me if I'm wrong -
we didn't do the appraisals. They did the appraisals, and obviously with or
without our permission.
Mr. Odio: They said, we'd like to make you an offer. Said...
Mayor Suarez: Anybody can get an appraisal. Nothing illegal about that.
Mr. Odio: You can appraise it anyway as...
Vice Mayor Plummer: Well, OK, what I'm saying is, is that this whole thing
was really put into concrete somewhat by the fact that the appraisals were
done. Up until that time, there were rumors flying, people had conceptions
and misconceptions. But when the guy come in there and says, hey, I'm doing
an appraisal, then the people of that area felt that there was really
something to it.
Mr. Odio: We did have one appraisal taken before the County even mentioned
this to us, I want to say that.
Mayor Suarez: We did it at our own request, this Commission's request.
97 July 25, 1991
Mr. Odio: At your own request. And what happened is, because of the use, we
told them if you keep it as a golf course, it came in very low, so I said,
that we never pay attention to that appraisal. But we did do one way back at
the request of the...
Commissioner Alonso: Yes, it came to the Commission meeting November 30th,
1989.
Mr. Odio: Right, I don't... Yes.
Mayor Suarez: Mr. Manager, I think it's in order - besides all of these very
indirect and sort of secretive negotiations or just, not face to face - I
think it's in order for you to speak directly to Mr. Elder. He seems to have
an idea of what he'd like to do with some of that land. And if that's the
case, he could give you what it is. It may be something entirely acceptable
and doable or not. We ought to get that before everybody else in the world
knows about it before we do. Otherwise, if you...
Commissioner Alonso: And besides, they are wasting taxpayers money.
Mayor Suarez: Yes. Yes, they're a sister jurisdiction of ours. They
encompass the City of Miami. If they're going along some road to see the
wizard, you know, and the wizard is not even going to talk to them, we ought
to know about that. We ought to tell them about it.
Vice Mayor Plummer: Can 1 ask what that appraisal that we did showed?
Commissioner Alonso: Oh. Four, five million.
Vice Mayor Plummer: Approximately.
Mr. Odio: Very low. I need to get it...
Vice Mayor Plummer: Approximately.
Commissioner Alonso: About four or five.
Mr. Odio: Four to five million.
Vice Mayor Plummer: And they offered us two and -a -half.
Mr. Odio: No, no, no. I'm talking about Melreese.
Vice Mayor Plummer: That's two insults.
Mr. Odio: Melreese came in very low. If you keep it as a golf course. Now,
if you say you're going to build 500 houses there or something, the appraisal
change.
Commissioner Dawkins: I'm going to say it again, and nobody don't seem to
hear me, that I'm going to say it as long as I sit up here. The County took
Dodge Island, which was a finger. They pumped in enough fill to make it
almost as large as the City of Miami. They make a ton of money that they put
inside those containers and bring it off the island. And the City of Miami
does not get one penny. The airport is self-sustaining, and that was the land
belonged to the City of Miami. OK? And we don't get a penny from the
airport. Now, any other land that we give to the County, it would be on an
annual lease with a percentage. If Dade County is desirous of using Melreese
Golf Course at ten percent of the net revenue that comes through the airport
annually. Hey, we'll consider that.
Vice Mayor Plummer: For Melreese?
Commissioner Dawkins: Yes. Gross.
Vice Mayor Plummer: Speaking for one...
Commissioner De Yurre: They won't make any money off of that.
Commissioner Dawkins: Hmn?
Vice Mayor Plummer: Speaking for one, I would be opposed to that.
98 July 25, 1991
Commissioner De Yurre: Yes, but they're not going to use it for storage.
They're going to use it for Metrorail hub or something like that.
Commissioner Dawkins: No, but I don't care what they use it for - see, I want
everybody to understand - I don't care what they use it for, the rental is
based on the amount of passengers that pass through the International Airport.
Vice Mayor Plummer: If you are.... Huh?
Commissioner Dawkins: Yes.
Vice Mayor Plummer: Hal There went...
Mayor Suarez: Yes, he's saying if they give us ten percent of the gross
revenues of the airport. Hell, I'll sell them City Hall, the marina back
there.
Vice Mayor Plummer: You might change my mind with that one.
Mayor Suarez: Be careful before you turn it down.
Commissioner Alonso: Now we are talking.
Mayor Suarez: Yes, be careful before you turn down any such proposal.
Vice Mayor Plummer: Shootl
Mayor Suarez: Wowl
Mr. Odio: Let me ask this. I need to ask. I would like to proceed if you so
choose, with the sale of the 1145 building. Provided we get what we feel that
we should get for that building.
- Commissioner Dawkins: What are they going to do with 1145 building?
Mr. Odio: They want to keep it as part office and part jail.
Commissioner Dawkins: OK, you see here again, the City of Miami is being
treated as a stepchild, OK? Now, the County built a police administration
building out by Sears & Roebucks. They moved everything from the building
behind the jail out there. Instead of converting that building to cells,
they're spending $6,000,000 to convert that building into office space for the
public defender. They could have very easily put cells there. And that piece
of property is off the tax roll, and now you want to take 1145 and give it to
them again off the tax roll. Now, let me go a step farther. Come west where
the Florida State Unemployment used to be, 1180 N.W. 12th Avenue, they have
gutted that building - I mean, totally gutted it. They could have put more
cells there.
Vice Mayor Plummer: That's the state.
Commissioner Dawkins: Huh?
Vice Mayor Plummer: That's the state, not the County.
Commissioner Dawkins: They could have put more... they could have bought it
from the state, why do they want to buy it from me? Why do they want to buy
my property? The state will sell them property. And now, do you know what
they're going to put in there? Janet Reno's offices. But two of those
buildings would have made a whole lot of jail cells.
Vice Mayor Plummer: Yes, but I think, if I may interject, the one thing that
the Manager has not said, remember that that the very little use that we have
of that site, by the end of the year all of those City employees will be over
in the Dupont.Plaza.
Mayor Suarez: No, we've got to do something. We've got to sell it, we've got
to...
Vice Mayor Plummer: OK, so here we're going to have basically a building
sitting vacant. The Miami Bridge will be moving out, and the only thing that
is going to be there is...
99 July 25, 1991
Commissioner Dawkins: ...push it down and hold it. The only place that land
values can go is up. It will never be valued less than it is. So push the
building down and leave it vacant.
Mayor Suarez: Mr. Manager, do you need a formal vote? The one concern I
have, for my favorable vote on selling it, which actually dates back to when
we first proposed leasing it. I think you know what I thought of the idea of
leasing it. I thought it wasn't going to work, and it didn't. The one thing
that concerns me is, from the proceeds of a sale of capital assets like this -
and, of course, it should be a figure that we all agree is a fair figure,
that's always an issue dealing with the County or any other jurisdiction, but
lately particularly with the County as pointed out by my colleagues rather
often - is that you don't take the money and please don't say in the newspaper
that we're going to use this money to balance our budget. That's not the
idea. The idea is that we have many other capital projects throughout the
City that need money, including the possibility of buying land, for other
purposes. So it's a capital... it goes right back into a capital budget. It
doesn't get thrown in with the, you know, general revenues of the City of
Miami. If you make a little money on the interest, well, you know...
Mr. Odio: I wanted to propose, Mr. Mayor...
Mayor Suarez: We can talk about that. But don't propose the use until we
have the money. In the meantime, if the Commission agrees that it ought to
sell this land because we're moving everybody out of there, and it's not
productive and not needed for our particular needs right now, I don't think
anybody has proposed putting an administration building there, a new one
there. So...
Mr. Odio: I should tell you this. I asked the County Manager to pay
$10,000,000 for that property.
Mayor Suarez: You're asking ten million dollars.
Mr. Odio: And I have to hear back from him.
Vice Mayor Plummer: It will take twelve. It will take twelve.
Mr. Odio: But I wouldn't recommend...
Mayor Suarez: And we'll take twelve.
Mr. Odio: I wouldn't recommend a penny less than that. It was appraised at
five, so...
Commissioner Dawkins: But getting back to what the Mayor says. If you get
$20,000,000 for it, it should go into...
Mayor Suarez: Capital account.
Commissioner Dawkins: ...a fund that cannot, under any circumstances, be used
for balancing the budget.
Mr. Odio: And I agree with you. I have never proposed that. In fact, people
that have been dealing with me in the...
Commissioner Dawkins: No, no, but see...
Mr. Odio: What I propose is that you put that money aside and use only the
interest...
Commissioner Dawkins: But the interest should be used only for what the
Commission decides.
Mr. Odio: Well, that's what I'm saying, but not use the principle, but only
the...
Vice Mayor Plummer: It all has to be decided by the Commission.
Commissioner Dawkins: And that's not to balance the budget. Because the
interest rate may drop.
100 July 25, 1991
Mayor Suarez: It really shouldn't be used to balance the budget, the interest
either. So please, don't suggest that to the media before we've even got a
deal, before we've sold it, before we've agreed on price, you know.
Vice Mayor Plummer: Mr. Mayor, let me ask a question. Mr. City Attorney.
Mr. Fernandez: Yes, sir.
Vice Mayor Plummer: You know, we enter into a contract or we have been, and
maybe will be once again entering into a contract with the County, to provide
fire service to the port. Now, I am becoming very much concerned, as the
Mayor has been, I know, in other areas, about all of the tax exempt property
in the City of Miami. Seems like everything that is tax exempt goes in the
City.
Commissioner Alonso: That's right.
Vice Mayor Plummer: Now, is there any avenue that we can explore, for
example... where's the Fire Department? How many times a day do we respond to
Jackson Hospital?
Unidentified Speaker: About a dozen.
Vice Mayor Plummer: About a dozen times a day on automatic alarms. Is there
any way that this City can be reimbursed for providing services to these ad
valorem taxation exempt facilities through a fee that we could, in fact, pay
for the services that we're providing?
Mr. Odio: We have...
Vice Mayor Plummer: I'm asking, is there any way that we can pursue... You
know, we're having to provide police protection. We're having to provide fire
protection, we're having to provide street cleanups and repairs and
maintenance. It doesn't seem fair to my taxpayers that I should have to pay a
dozen times, -or whatever it is, it's many times a day, let me use that
terminology - in which we respond to Jackson Hospital with our fire equipment
that the City of Miami taxpayers should be solely having to pick up that tab.
Mr. Odio: There is a precedent, Commissioner. The City of Boston has some
kind of... I don't know what they call it, it's in lieu of taxes that they pay
for an amount a year for services rendered. And I'm not talking about
churches and any other building that do not pay taxes, we have to provide
services.
Vice Mayor Plummer: I'm not thinking about churches.
Mr. Odio: And I have some... No, but I'm saying in general...
Vice Mayor Plummer: God forbid, don't get me...
Mr. Odio: No, God forbid. I'm not...
Vice Mayor Plummer: Don't get me in a holy war. I mean...
Mr. Odio: No, no I'm not saying that. I'm saying that they looked at all the
exempt properties and they are paying a fee for services.
Vice Mayor Plummer: You know, it's only fair that the entire people that
we're providing this for should have to pick up that tab. So, Mr. City
Attorney, I would ask of you, sir, to explore if there is some legal way - I
think that the precedent that has been set by the County in paying us for fire
1 service to provide them fire service - in which this City can recoup some of
the monies that we are having to expend on a daily basis to provide these
is services to these tax exempt situations wherever they exist in this City.
Because we are rapidly... You know, Mr. Manager, I've never received from you,
I asked you to provide this Commission with how much actual tax exempt
property there is in the City of Miami.
Mr. Odio: In fact, I saw something like 30 percent of the land that we have
in the City is exempt.
101 July 256 1991
Vice Mayor Plummer: And, you know, and when you look around, you don't see a
jail in Miami Shores, OK? You don't see any hospitals in Miami Shores, or
rest homes or things of these nature. You don't see these in other cities.
They all congregate in the City of Miami, and I'm told - whether I'm right or
wrong - that a four hundred and forty population, permanent residents in the
daytime, goes up to a million and a half. And I just, you know, I think
there's... What we did with the rescue, and I'm hoping they're pursuing that.
City residents, if they pay, fine, and if they don't, fine. But non City
residents, we're going after them with bill collectors. Are we still doing
that? Where's the Chief?
Mr. Fernandez: Yes, yes.
Vice Mayor Plummer: We're doing that.
Mr. Fernandez: Yes.
Vice Mayor Plummer: And I think it's only reasonable. If you go to Coral
Gables, my good friends in Coral Gables, if you're a non resident of Coral
Gables, you pay higher fees than if you are a resident of Coral Gables, for
the swimming pools, for the youth centers, and all of that. So, I'm telling
you, I hope you can pursue that because if you do - I'm not trying to make any
money off of it - all I'm asking is, let us break even. That's all I'm
asking. So, if you'll pursue that, I'd appreciate it.
Mr. Fernandez: Yes.
Commissioner Dawkins: Mr. Manager, while you're at it, have someone in your
administration find out for me what it is that I, as a City resident, get from
Dade County from that part that's on my tax bill that says, County taxes.
Find out what services they provide me for my money.
Commissioner Alonso: That's right.
Vice Mayor Plummer: Well, I could...
Mayor Suarez: Do we need a formal motion on the issue of selling...
Mr. Odio: I would like to have one.
Mayor Suarez: ...Municipal Justice Building. Is that the correct title for
that? -as good as any?
Mr. Fernandez: Yes.
Mr. Odio: Municipal Justice Building.
Vice Mayor Plummer: I will move that the Manager pursue whatever avenues
available for the sale of that property. Of course, subject to Commission
approval.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Thirded.
Commissioner Dawkins: I'll be voting no.
Mr. Manuel Gonzalez-Goenaga: Mayor.
Mayor Suarez: We're going to take a vote on that. I guess we can hear...
Commissioner Dawkins: Go ahead, vote.
Mayor Suarez: ...briefly...
Mr. Gonzalez-Goenaga: As usual.
Mayor Suarez: Briefly, sir.
Mr. Gonzalez-Goenaga: My Commissioners, I am making a...
102 July 25, 1991
Is 0
Vice Mayor Plummer: Excuse me. May I amend my motion to read, that at such
time as this Commission makes its decision, there will be a public hearing on
the matter.
Commissioner Alonso: Sure.
Mr. Gonzalez-Goenaga: Commissioners, so you don't spend so much time here day
after day during Commission meetings, and considering number fourteen
specifically, I suggest that you get into your minds - which I have not done
in through my life - that you sell the bad things, the bad investments, and
you keep the good investments.
Mayor Suarez: That's our idea.
Mr. Gonzalez-Goenaga: And in generally. For example, and this applies to
everybody, I have noticed that there is no money for the homeless. Yet, there
is a lot of money for other things. I suggest the following, and keep it in
mind. Why don't we sell the Police Department to Metro? And keep the good,
the best, which is the Fire Department, within the City of Miami?
Vice Mayor Plummer: Did you ever think that Metro doesn't want it?
Mr. Gonzalez-Goenaga: Then we would not have that much problems with the
police. I would not be complaining here Thursday after Thursday.
Commissioner Alonso: Now you're giving ideas to this Commission. We might
run into....
Mayor Suarez: Do you promise?
Vice Mayor Plummer: The problem is, Metro don't want it. That's the problem.
Mayor Suarez: Do you promise you won't be back?
Mr. Gonzalez-Goenaga: Well, but you know how many millions of dollars and we
get the City Commission agenda will be simply fine, because the police would
not be asking for diving suits, video cameras underwater, helicopters, new
cars after they bang the brand new cars. Let's get rid of them! Let's give
them and... You know how many... How many millions is the Police Department
budget? I bet it's higher than anything else.
Vice Mayor Plummer: It's a way to control.
Mr. Gonzalez-Goenaga: So, let's give it to Metro. I am sure they...
Mayor Suarez: All right. Thank you, Manolo, for your suggestion on the item
at hand.
Mr. Gonzalez-Goenaga: And consider it.
Mayor Suarez: We have a motion and a second.
Mr. Gonzalez-Goenaga: Always sell the bad and keep the good.
Mayor Suarez: That's absolutely what we're trying to do. Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 91-582
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
PURSUE THE SALE OF THE CITY OF MIAMI BUILDING AT 1145
N.W. 11 STREET; FURTHER INSTRUCTING THE MANAGER TO
MAKE A RECOMMENDATION TO THE COMMISSION; AND FURTHER
INSTRUCTING THE MANAGER TO SCHEDULE A PUBLIC HEARING.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
103 July 25, 1991
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El
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.
31. DISCUSSION CONCERNING METROPOLITAN DADE COUNTY'S SCHOOL BOARD LEASING OF
THE DONN BUILDING TO THE CITY FOR $1.00 A YEAR. (See labels 50 and 51).
Mayor Suarez: I understand, while we're on the issue of sale of lands and
acquisition of capital properties and assets, that a tentative deal has been
worked out with the School Board on the City receiving the Donn Building,
assuming we, of course, have inspected and decided it's a good idea. I'm
doing all of this for your benefit, guys, the least you could do is listen to
it. Mr. Manager, Mr. Vice Mayor...
Commissioner Alonso: Are you listening?
Mayor Suarez: ...I understand that some sort of a deal has been worked out.
Vice Mayor Plummer: With?
Mayor Suarez: With the School Board on the Donn Building. How are we doing
on that? Are we going to get anything...
Vice Mayor Plummer: Mr. Mayor, the School Board met yesterday, and I don't
have completely, but I can give you the basic. The Manager and myself and
Mrs. Gavarette toured the building, and they have made it available to us
basically on a 5, 10, and 15 year lease for $1.00, depending on the amount of
Improvements that we make to that building. I'm going to tell you that
includes 32,000 feet of office space, and 60,000 feet of 30 foot high
warehouse space, including a parking lot across the street for approximately
50 cars - about 50 - I could be mistaken on that. Forty seven parking spaces?
Oh, all right, so I'm a liar for three spaces. But we are in that text. They
wanted to make sure that it was not in any way inferred with a swap with the
Jackson situation and the building. The Manager will be pursuing it further
this week, and I'm very happy to report that the Manager has that building
already half full of... the ideas of what it's going to be used for. But,
more importantly...
Commissioner Alonso: At the...
Vice Mayor Plummer: Let me just finish.
Commissioner Alonso: Yes.
Vice Mayor Plummer: More importantly, I think it establishes a spirit of
cooperation, that cooperation is a two-way street. It's not a one-way street,
and for that reason, I will report back to this Commission the full
particulars at the next meeting.
Mayor Suarez: Thank you.
Commissioner Alonso: How much it will cost to fix the building and...
Mayor Suarez: Refurbish, rehabilitate.
Vice Mayor Plummer: That's what we're working on now.
Mr. Odio: That's exactly what we're doing now to try to pinpoint what exactly
the cost would be. We know we have a roof problem, and we're now checking
other areas that we need to review. The building is operational, as far as
the warehouse is concerned right now, so we know that that part is OK.
104 July 25, 1991
Vice Mayor Plummer: That's immediate.
Commissioner Alonso: And the idea will be to use it as an office, not as a
shelter for...
Vice Mayor Plummer: No. No, no.
Mr. Odio: No, the...
Commissioner Alonso: ...homeless.
Mr. Odio: No...
Vice Mayor Plummer: No, at best...
Mr. Odio: Oh, no, no...
Commissioner Alonso: Just remember, the location is only a few blocks away
from the original location.
Mr. Odio: You means beds? No, no.
Vice Mayor Plummer: No, Miriam, at best, that we even out most considered,
would be that part of the office space could be the in -take center at best.
In other words, for processing, not for any shelter or feeding. None. I'm
sorry?
Commissioner Alonso: Fifteen... He's asking for the...
Vice Mayor Plummer: Oh, it runs, Victor...
Mr. Odio: Sixteen...
Vice Mayor Plummer: It's on Miami Avenue...
Mr. Odio: Sixteen...
Vice Mayor Plummer: Actually, on both sides. The parking is on the east side
of Miami Avenue. The building itself is on the west side, from Miami Avenue
to the railroad tracks, from 15th Street to 16th Street. It's a big building,
very big building. Just, wait a minute, for one other thing for
clarification. The 60,000 square feet of warehouse space, which is
desperately needed by our GSA, would take anywhere from three'to six months
for them to vacate, which they already have a new facility. But it would be
for them to vacate before we could take it over.
Mayor Suarez: OK.
Mr. Odio: The warehouse is great.
Vice Mayor Plummer: It's huge.
Mr. Odio: Like I said, it's in working condition. And the office...
Vice Mayor Plummer: Huge.
105 July 25, 1991
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32. DISCUSSION CONCERNING PROPOSED SCHEDULING OF CITY COMMISSION SPECIAL
SESSION IN OCTOBER IN DOWNTOWN AREA (See label 39).
Mayor Suarez: Commissioner Alonso, do you want to...
Commissioner Alonso: Yes. If we are finished with item 14...
Mayor Suarez: Please, yes.
Commissioner Alonso: I have a pocket item. Last Friday, when I went to the
meeting of DDA (Downtown Development Authority,) I was asked to present to
this Commission, a request from the Downtown Association (ODA) for a downtown
hall meeting, or a special session of the Commission in downtown Miami
sometime in the month of October, and they would like to have it, the 7th, the
8th, or the 11th of October. They would like to discuss things that relate to
downtown Miami, and they would like probably, a special session of the
Commission.
Vice Mayor Plummer:
What day of that week is Thursday?
Commissioner Alonso:
The 7th is a Monday. Tuesday the 8th or
Friday the lath
of October.
Vice Mayor Plummer:
Do we have...?
Commissioner Alonso:
Because they also requested September, but I think we
have...
Vice Mayor Plummer:
No, forget that.
Commissioner Alonso:
... so many, with the budget and...
Vice Mayor Plummer:
What is the first Thursday in October?
We don't have the
calendar?
Commissioner Alonso:
We don't have a...
Mr. Fernandez: It's
the 3rd.
Vice Mayor Plummer:
Would be the 3rd.
Commissioner Alonso:
Third?
Vice Mayor Plummer:
We11, I would prefer that it be on an
off Thursday, if
that's agreeable.
The 3rd or the 17th. It would work
into my schedule
better.
Commissioner Alonso:
Mr. City Manager, would you look into
the date and see
what according... because we don't have October.
Vice Mayor Plummer: Well, if we are meeting on the 10th and the 24th, that's
why I suggest that we have it either on the 3rd or on the 17th. Because my
arrangement at the office with my brother, is Thursdays are my day off.
Commissioner Alonso: Could we table this so I can check these out easier.
Vice Mayor Plummer: Sure.
Mayor Suarez: Yes, please.
Commissioner Alonso: Ah, he is here. Great. Do you think that...?
Mr. Matthew Schwartz: The Gusman Hall is available on the 7th, 8th, and the
lath.
Commissioner Alonso: Only.
106 July 25, 1991
Vice Mayor Plummer: What about the 3rd, or the 17th? - is it available? Why
does it have to be... it doesn't have to be in Gusman Hall, we can have it in
that very deluxe exclusive high class offices that you have upstairs there.
Mr. Schwartz: Believe me, it is small.
Commissioner Alonso: Well, they want it...
Vice Mayor Plumper: How about at the Knight Center. We own property in the
Knight Center.
Commissioner Alonso: The Knight Center? That's right. Could you check the
dates and then we take it later on today? If it's available, yes.
Mr. Schwartz: Sure. You give us a date that you prefer.
Vice Mayor Plummer: The 3rd or the 17th. The off Thursday that we don't
meet.
Mr. Schwartz: Thank you, sir.
Mayor Suarez: OK.
Vice Mayor Plummer: Seeing as how you are providing lunch there, Matthew.
Mayor Suarez: Do we need a vote?
Commissioner Alonso: Yes, I guess we wi11 have to take a vote, but now we
will table so we can check if it is available, the building - the Knight
Center.
Mayor Suarez: OK.
Mr. Odio: The 19th the second meeting... the first in October.
Vice Mayor Plummer: Yes, so I said the 3rd or the 17th for the downtown
meeting.
Commissioner Alonso: The 3rd or the 17th. He went to check if the Knight
Center is available.
Mayor Suarez: All right.
AT THIS POINT, THIS ITEM WAS TABLED.
33. AUTHORIZE MANAGER TO SUBMIT AMENDMENT TO APPROVED 17TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FINAL STATEMENT TO U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) TO REFLECT
REPROGRAMMING OF FUNDS FROM TARGET AREA MINI-UDAG PROJECT TO PROVIDE
GRANTS TO: (a) BLACK ARCHIVES, HISTORY AND RESEARCH FOUNDATION, FOR
COMPLETION OF HISTORIC DORSEY HOUSE PROJECT (OVERTOWN NEIGHBORHOOD
TARGET AREA - $55,000); (b) ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY,
INC. FOR ESTABLISHMENT OF NEW HOUSING PROGRAM ($43,270) AND (c)
ALLAPATTAH COMMUNITY ACTION AGENCY, INC., FOR COMPLETION OF ALLAPATTAH
ELDERLY CENTER EXPANSION PROJECT ($11,500).
------------------------------------------------------------------------------
Mayor Suarez: On item 15 then. Amendment to the approved CDBG 17th year.
Commissioner Alonso: I move.
Mayor Suarez: So moved.
Vice Mayor Plummer: Second.
Mayor Suarez: Second. Any discussion on item 15? Does anyone wish to be
heard on item 15? Yes, Mr. Gonzalez-Goenaga, briefly, sir.
107 July 25, 1991
Mr. Gonzalez-Goenaga: Briefly, I am questioning amendments after amendments,
after amendments of what I consider the "cifarra" and the giving away, the
three Kings Day, except... no, four Kings Day and one Queen Day on these types
of grants. Accountability, accountability, and accountability, and a lot of
auditors in this City of Miami to supervise the good performance and the
actual use of the money that is given - millions of dollars. Thank you very
much.
Mayor Suarez: Not to prompt anymore discussion on the issue but just to make
a suggestion to you. The audits that are done of each and every one of the
agencies that we give funds to, are available, Manolo, so you might want to go
through them. No, no, not to prompt, just telling you something in case you
haven't done it already. Go through them, and if you find anything unusual, I
am sure, every member of this Commission would like to know about it. So,
please do that. But, you've got to put a little bit work into these things
rather than just making general statements. You have to actually go through
the audits and figure out what's going on. We have a motion and a second?
Mr. Gonzalez-Goenaga: I shall...
Vice Mayor Plummer: Wait a minute. I am asked by the Manager to amend that
the Allapattah Business Development Authority be amended to read, $55,270.
Mr. Odio: Yes. The bids came in and they were twelve thousand short.
Vice Mayor Plummer: And I amend my motion to read..
Commissioner Alonso: Fifty...
Vice Mayor Plummer: Fifty-five thousand two hundred and seventy.
Commissioner Dawkins: You know, this is amazing. You all come up here with
one amount and then as soon as somebody else gets fifty-five, you all want
fifty-five.
Vice Mayor Plummer: Sir, I'm...
Commissioner Dawkins: I mean, hey, I don't have no problem with it.
Mr. Odio: Didn't you tell me you were short?
Commissioner Dawkins: But, I mean, you know, I have no problem with it. See,
it's ridiculous. You all had an amount the would do, and when somebody else
got fifty-five, you all got fifty-five. Come on.
Commissioner Alonso: When did they find out about this? Yes, it is so.
Commissioner Dawkins: Move it.
Vice Mayor Plummer: I moved it - fifty-five two seventy amended.
Mr. Fernandez: Excuse me, Mr. Mayor, fifteen and sixteen deal with Black
Archives. You should handle that. Allapattah is seventeen and eighteen, and
we should deal with that separately.
Commissioner Alonso: But it says and to...
Vice Mayor Plummer: Sir, in fifteen, in the King's English, it says, forty-
three thousand two seventy grant to the Allapattah Business Development
Authority. Now, that has nothing to do with Black Archives.
Mr. Odio: Wait, I...
Vice Mayor Plummer: Whoa, whoa, whoa. Mr. City Attorney.
Commissioner Alonso: Yes, it does have.
Mr. Fernandez: Yes, sir.
Vice Mayor Plummer: You're telling me that Allapattah Business Development
Authority is not what I read in item 15?
108 July 25, 1991
Mr. Fernandez: No, I stand corrected. You are correct, sir.
Vice Mayor Plummer: OK. Thank you, sir.
Commissioner Alonso: All, both.
Mr. Fernandez: Item 15 addresses both. The Allapattah and the Black
Archives, because it's an amendment to our application to the government.
Then 16 and 17, are the individuals.
Mr. Odio: Well, I am told we have a legal problem.
Vice Mayor Plummer: I was going back to my optometrist...
Mr. Fernandez: You're right.
Vice Mayor Plummer: ... but since you stand corrected, these are all right.
Mr. Odio: You have to change something here, Commissioner. I am being...
Allapattah Business Development Authority is 43,270, and they need $11,570 to
finish the Allapattah Community Center Inc.,
Vice Mayor Plummer: Sir, you asked me to amend it to fifty-five thousand, two
seventy. Now, what...?
Mr. Odio: I'm sorry, but it cannot be under the same entity, because it
cannot disperse monies to the other.
Vice Mayor Plummer: Now what would you once again, like me to do?
Mr. Odio: Can I repeat it? Forty-three thousand two seven oh...
Vice Mayor Plummer: As it is?
Mr. Odio: Yes. But, wait...
Mr. Odio: I move 15 as it is on the agenda.
Mr. Odio: But you have to add eleven thousand five hundred and seven oh...
Vice Mayor Plummer: I add eleven thousand...
Mr. Odio: For Allapattah Community Inc.,
Vice Mayor Plummer: For Allapattah Community Inc., That comes with your
recommendation?
Mr. Odio: Yes, sir. Because they have to... when they leave... the
building... have finished.
Commissioner Alonso: Mr. City Manager, I think in cases like this...
Mayor Suarez: Right.
Commissioner Alonso: ... a simple memo before we get here, will simplify
things.
Mr. Odio: I'm sorry, I just learned that today.
Commissioner Alonso: It shouldn't be this way. If people knew...
Dr. Luis Prieto: It's my fault.
Commissioner Alonso: You should really send a memo and solve the problem...
Mr. Odio: You're right, Commissioner.
Commissioner Alonso: ...before we arrive to the item.
Mr. Odio: You're right. This is not the way to do it.
Vice Mayor Plummer: All right. Get out the whip.
109 July 25, 1991
•
Commissioner Dawkins: Second the motion.
Mayor Suarez: OK. Moved and second. Any further discussion as amended? If
not, please call the roll.
Vice Mayor Plummer: Public flogging.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-583
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN
AMENDMENT TO THE APPROVED SEVENTEENTH (17TH) YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FINAL
STATEMENT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) TO REFLECT A REPROGRAMMING OF FUNDS
IN THE AMOUNT OF $109,770 FROM THE TARGET AREA MINI-
UDAG PROJECT IN ORDER TO PROVIDE A $55,000 GRANT TO
THE BLACK ARCHIVES, HISTORY AND RESEARCH FOUNDATION
FOR THE COMPLETION OF THE HISTORIC DORSEY HOUSE
PROJECT, TO PROVIDE A $43,270 GRANT TO THE ALLAPATTAH
BUSINESS DEVELOPMENT AUTHORITY, INC. FOR THE
ESTABLISHMENT OF A NEW HOUSING PROGRAM, AND TO PROVIDE
$11,500 TO THE ALLAPATTAH COMMUNITY ACTION AGENCY,
INC. FOR COMPLETION OF THE ALLAPATTAH ELDERLY CENTER
EXPANSION PROJECT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
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
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: This is not the way to run an airline, but, yes.
110 July 25, 1991
11
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34. AUTHORIZE AGREEMENT: BLACK ARCHIVES, HISTORY AND RESEARCH FOUNDATION OF
SOUTH FLORIDA, INC., TO PROVIDE GRANT ($55,000) FOR COMPLETION OF
RECONSTRUCTION OF HISTORIC DORSEY HOUSE (OVERTOWN NEIGHBORHOOD TARGET
AREA) - ALLOCATE FUNDS FROM 17TH YEAR CDBG.
Mayor Suarez: Item 16.
Commissioner Dawkins: Move it, whatever it is.
Commissioner Alonso: Move.
Mayor Suarez: Moved and seconded by Commissioner Alonso.
Commissioner Alonso: Yes.
Mayor Suarez: The Black Archives.
Vice Mayor Plummer: Second. Third.
Ms. Matty Hirai: Thank you.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-584
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE BLACK ARCHIVES, HISTORY AND
RESEARCH FOUNDATION OF SOUTH FLORIDA, INC., TO PROVIDE
A GRANT TO SAID ORGANIZATION IN THE AMOUNT OF $55,000
FOR THE PURPOSE OF COMPLETING THE RECONSTRUCTION OF
THE HISTORIC DORSEY HOUSE LOCATED IN THE OVERTOWN
NEIGHBORHOOD TARGET AREA, WITH FUNDS THEREFOR BEING
ALLOCATED FROM THE 17TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
111 July 25, 1991
35. AUTHORIZE AGREEMENTS: (a) ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY,
INC., TO ESTABLISH NEW HOUSING PROGRAM FOR ALLAPATTAH NEIGHBORHOOD
TARGET AREA ($43,270); AND (b) ALLAPATTAH COMMUNITY ACTION AGENCY, INC.,
FOR COMPLETION OF ALLAPATTAH ELDERLY CENTER EXPANSION PROJECT
($11,500) - ALLOCATE 17TH YEAR CDBG FUNDS.
Mayor Suarez: Item 17.
Vice Mayor Plummer: Move it.
Mayor Suarez: ABDA (Allapattah Business Development Authority). Moved.
Mr. Fernandez: Is item 17 going to reflect the additional eleven thousand
then? Also, as a modification?
Mr. Odio: For Allapattah Business Action...
Vice Mayor Plummer: For a different item.
Commissioner Alonso: Then, the amount.
Mr. Fernandez: Correct. Just for the record to be made clear.
Mayor Suarez: OK. Do we have a second on it?
Commissioner Dawkins: Move it.
Vice Mayor Plummer: Yes.
Commissioner Alonso: Yes.
Mayor Suarez: Seconded by Commission Dawkins. Call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-585
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE ALLAPATTAH BUSINESS DEVELOPMENT
AUTHORITY, INC., TO PROVIDE A GRANT TO SAID
ORGANIZATION IN THE AMOUNT OF $43,270 FOR THE PURPOSE
OF ESTABLISHING A NEW HOUSING PROGRAM FOR THE
RESIDENTS OF THE ALLAPATTAH NEIGHBORHOOD TARGET AREA,
AND WITH THE ALLAPATTAH COMMUNITY ACTION AGENCY INC.,
TO PROVIDE A GRANT IN THE AMOUNT OF $11,500 FOR
COMPLETION OF THE ALLAPATTAH ELDERLY CENTER EXPANSION
PROJECT WITH FUNDS THEREFOR BEING ALLOCATED FROM THE
17TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
112 July 25, 1991
36. EXPRESS INTEREST IN PROPOSAL PRESENTED BY U.S. HOVERCRAFT INC. TO
CONSTRUCT A TERMINAL IN MIAMI, AT ITS OWN EXPENSE, FOR WATER
TRANSPORTATION VIA HOVERCRAFT BETWEEN MIAMI, KEY WEST, ST. PETERSBURG
(TAMPA) - DIRECT MANAGER TO ASSIST IN LOCATION OF SITE FOR TERMINAL AND
TO MAKE RECOMMENDATION TO COMMISSION.
Mayor Suarez: Item 18. I think you've been here for quite a while, in fact,
you seemed to have lost your attorneys.
Mr. Odio: They want to park the hovercraft in FEC.
Mr. Wallace Ring: Mayor Suarez, my attorney, wishes to apologize and I was
supposed to call him, but due to a lack of phone capabilities from City Hall
out, I was not able to do that.
Vice Mayor Plummer: Yes, all the phones are out here.
Mr. Ring: Our phones were out, and he asked me...
Mayor Suarez: If you want to wait a little while for him, that's fine.
You've been waiting all day.
Mr. Ring: It really doesn't make any difference.
Mayor Suarez: OK.
Mr. Ring: I've been empathizing with you, because I have sat in your position
as an elected official.
Mayor Suarez: You may have to get just a little closer to the mike and direct
your voice more into it, so we can hear you.
Mr. Ring: Certainly. May I just pass out a couple of things to each of the
Commissioners?
Mr. Odio: You need to bring back item 2, Mr. Mayor, before I forget.
Mayor Suarez: Yes. I saw Lieutenant Longueira waving.
Mr. Odio: And the Better Way issue has been resolved.
Mayor Suarez: Do we have... this is beautiful. And I don't think anybody
would contest, particularly Vice Mayor Plummer, who is an expert on fast
boats...
Vice Mayor Plummer: You bet your bippy.
Mayor Suarez: ... that this is the future of this area. It's the future of a
great deal of transportation that will take place, not only within the bay,
but outside, and going to the Caribbean and other parts. Mr. City Attorney,
do you...?
Mr. Fernandez: Yes, sir.
Mayor Suarez: ... off the top of your head, or have we had a prior occasion
to look at something that might look as this, and I would say that, that would
determine whether we could legally place it on... it will be on the FEC tract,
is that right?
Mr. Ring: Mayor, the only thing that I wish, if Ramon were here, he would
suggest to you, that in the statement that is made here regarding the FEC
tract, the only thing that I wish to do, is to have this Commission with the
statement that I will read into the record, consider a resolution adopting
this program in principle, and to direct...
Mayor Suarez: Yes, but, we have to know the location first of all. I mean,
this program in principle and something that doesn't belong to us, will be
fine. Are we talking the FEC property or not?
113 July 25, 1991
Mr. Ring: The FEC property is our prime selection. Yes, sir. There are
other areas in the city that could be. I understand that the FEC property is
a very controversial issue - for a number of reasons, politically and..
Mayor Suarez: Well, right now, it's an eyesore, I mean, you know.
Mr. Ring: Yes, it is.
Commissioner De Yurre: Mr. Mayor, you know, if we are looking at...
Commissioner Alonso: Yes.
Mayor Suarez: Just about anything will make it look nicer than what it looks.
Mr. Ring: Correct.
Mayor Suarez: But I...
Commissioner De Yurre: ... something like, you know, of a varied sources of
different things to do, like a Watson Island, that might be a place where this
could fit in somewhere - in the whole scheme of things.
Mr. Ring: These are one of the things that in my brief conversations with
some of the Planning people in the City, make it almost impossible to do,
except on a day to day basis, sir.
Mr. Odio: If they bring passengers, they could also come behind the Hyatt.
We have a dock there, and they can unload there. So there are other places
that...
Commissioner De Yurre: Yes. Well, just like the Fisher Island shuttle.
Vice Mayor Plummer: Well, let me tell you what I thought. Mr. Mayor, we the
City could build such a facility. OK? And as such, these would make a lease
with the City in which they would pay us a minimum annual guarantee to make
sure that the City gets our money back for the building of this facility.
That's one way to do it.
Mayor Suarez: You mean the same model that we used for the GSA (General
Services Administration) federal building?
Vice Mayor Plummer: Exactly.
Mayor Suarez: Now, but does it include improvement of the area and the
vicinity? I mean, how much are we talking about do we get for the general
public? - the people who are not going to be using this hovercraft.
Mr. Ring: Mr. Mayor, let me suggest that as a portion of my statement, one of
the things...
Mayor Suarez: You seem like a great man, and I am sure that you have got a
presentation you would like to make. But these are the kinds of questions we
want to address. You can make your presentation, but I mean...
Mr. Ring: Exactly. I will address them to you immediately without ever going
in to them.
Mr. Odio: Excuse me, sir. The other possibility, and I mentioned...
Commissioner, you know, we got zero bids on the restaurant site.
Commissioner De Yurre: The what?
Mr. Odio: We went out for bids to see who would take over the restaurant in
the Bicentennial Park - we got zero request. So...
Commissioner De Yurre: Were you expecting anything different?
Mr. Odio: Well, no.
Commissioner Alonso: Who wants to be there - the condition of it.
114 July 25, 1991
T:
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Vice Mayor Plummer: Well you know why you got zero bids?
Commissioner Alonso: Of course, with an area looking like that...
Mr. Odio: No. But now we know for sure. But maybe that's an area that it
could look...
Vice Mayor Plummer: No, no, no. You know why you got zero bids?
Commissioner Dawkins: Yes.
Vice Mayor Plummer: Why?
Commissioner Dawkins: All of the street people in there.
Vice Mayor Plummer: No. You know what the bid called for? Anybody bidding
that would go in and make the improvements, two years. Nobody can go in
there, make improvements and amortize in two years.
Mayor Suarez: It was a maximum of two years lease?
Commissioner Alonso: Five?
Vice Mayor Plummer: Two.
Commissioner Alonso: It was five years.
Vice Mayor Plummer: It was two, plus three.
Commissioner De Yurre: Well even five, is not enough.
Vice Mayor Plummer: The bid said, two years. Nobody could that.
Mayor Suarez: Counselor, your client is having a tough time dealing with our
rather eclectic...
Commissioner Alonso: Unorthodox.
Mayor Suarez: ... way of handling his presentation. We are asking what we
think are relative questions.
Vice Mayor Plummer: Go out for 'X' number of years.
Mayor Suarez: We have an idea that this thing would look something like this.
Mr. Ring: Mr. Mayor, if you will permit me.
Mayor Suarez: ... now, he wouldn't even let me talk.
Mr. Ring: Please, sir.
Mayor Suarez: Maybe, you ought to take over. I don't know, it's up to you
how you guys want to handle it.
Vice Mayor Plummer: Let's don't vote on that.
Mayor Suarez: You know, I've put into the record that the idea of having a
hovercraft, is that a proper name?
Mr. Ring: Correct, sir.
Mayor Suarez: ... is one that I think, everyone of us sees as the future of
Biscayne Bay and transportation in the Caribbean, et cetera, et cetera, et
cetera. This is all the right kinds of things, but Commissioner Dawkins, a
little while ago, reminded us of how we lost the Port of Miami. We don't want
to lose every possibility of having a transportation hub, or having the kinds
of things that we would like to have. And Commissioner Plummer even points
out a model, Vice Mayor Plummer, this is very important. And I compared it to
the GSA situation where we are guaranteed a lease, bondable...
Mr. Ramon E. Rasco: Right.
115
July 25, 1991
Mayor Suarez: ... in a way that the property can be fixed up and built at no
obligation to us, no liability to us, and no risk to us.
Mr. Rasco: That's right. And no cost to the City.
Mayor Suarez: Right. And if... my next question, because he did acknowledge
that, maybe the FEC tract is the prime one that they were looking, although
Watson Island has also been mentioned by Commissioner De Yurre, my question
was, how much of the tract would be improved to look well landscaped and
nicely and attractive for everybody that might want to come and see the
operation and for the general public. We don't... it's basically a park,
remember. It was acquired...
Mr. Rasco: OK. The problem is, and my name for the record is Ramon Rasco,
5200 Blue Lagoon Drive. No, no, no. That's my cousin and I have nothing to
do with Key Biscayne. Well, he is a pharmacist at Key Biscayne. What we need
for the terminal is only about one acre. The FEC sight is twenty acres and I
understand that there is a master plan for that.
Mayor Suarez: That's what you need, but how much of what we need improved,
would you improve? In other words, you would improve a substantial area
around it I presume?
Mr. Rasco: Well, I think if we had the opportunity to work something out with
the Manager and come back. We don't have anything specific right now for
that. What we are requesting here, is to have an approval in concept, in
principle of the project and have a direction to the City Manager.
Commissioner De Yurre: Listen to the following. I move that we approve this
concept in principle and direct the administration to work with them to find a
location that may be suitable that can be brought before us to consider.
Mr. Fernandez: Mr. Mayor.
Mr. Rasco: And then at that point, if we can estimate what it would cost us
to fix this tract up the way you want, if it is feasible, we can do it. It
just depends on how much dollars will be required.
Mr. Odio: Excuse me a minute, Ramon. We have to go out on bids after
everything is done. We cannot just give them a piece of property there and
let them...
Mr. Fernandez: Correct.
Vice Mayor Plummer: No. Not if we build the building.
Mr. Odio: Oh, no, if we build the building and improve the facility, then you
charge rent for it. That's different.
Vice Mayor Plummer: Well, but we get a guaranteed rent.
Commissioner Alonso: And we still have to...
Mr. Odio: No, no.
Commissioner Alonso: No, we don't?
Mr. Fernandez: Yes.
Mr. Odio: No, we do it here in the marina.
Commissioner Alonso: Now we got no, yes.
Mr. Odio: No, wait. Let me explain.
Commissioner Alonso: OK.
Mr. Odio: What I think Commissioner is saying, is then you charge them for
docking there in that facility, and anybody else that comes along.
Mr. Fernandez: That's right. OK. That would be correct, because then it
would be run by our Parks Department or some other entity in our City, just
like we do the marina and people can come and dock and park there.
116 July 25, 1991
Commissioner De Yurre: And they couldn't have a management contract?
Vice Mayor Plummer: The lease.
Mr. Odio: That you need to bid out.
Commissioner De Yurre: Also?
Mr. Fernandez: Yes.
Mr. Odio: Yes. Any time you're going to... yes. You have to bid out. Even
for the management agreement.
Vice Mayor Plummer: Let me just... the thing that I was surprised.
Commissioner Alonso: I don't think that is what they have in mind.
Commissioner De Yurre: How did... what was it? - down over Bejan, how did he
work that deal out?
Mr. Odio: He went out on bids.
Commissioner De Yurre: Did it go out?
Mr. Odio: That went out on bids. Yes, sir.
Mayor Suarez: Commissioner, he was the only bidder.
Mr. Odio: But he was...
Commissioner De Yurre: But he was the only bidder.
Mr. Odio: And he might be regretting that too.
Commissioner De Yurre: And did that... then that trigger going to the voters
then?
Vice Mayor Plummer: How many hundred and ten foot hovercraft do you know
around?
Commissioner De Yurre: If you only have one bidder?
Mr. Ring: There are none in the United States.
Mr. Odio: No, wait a minute.
Commissioner Alonso: That's a very good question. But again...
Vice Mayor Plummer: That's what I am saying, you'll be the only bidder.
Mr. Rasco: Yes, this would be one of a kind in the U.S.
Mr. Odio: Yes, that was prior to the Carotlo amendment, I believe.
Commissioner De Yurre: I was here.
Mr. Odio: That was prior to the Carotlo amendment, I believe.
Commissioner De Yurre: No, no. Carollo amendment had to be before I came on
board.
Vice Mayor Plummer: No.
Commissioner De Yurre: And that happened when I was here.
Mayor Suarez: You mean, you approved without a referendum something that...
Commissioner Alonso: Yes.
Mr. Odio: He has got a licence agreement.
117 July 25, 1991
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Commissioner De Yurre: He has got what?
Commissioner Alonso: What?
Mr. Odio: A licence agreement.
Commissioner Alonso: What do you mean?
Commissioner De Yurre: OK.
Mr. Odio: Because we own the building there. and...
Mayor Suarez: A Licence agreement. See, now we are coming up with all kinds
of creative ways to possibly do this.
Vice Mayor Plummer: What is this, the sailing?
Mr. Rasco: Yes, I know. There is a recoverable licence that you know, is...
Mayor Suarez: There is also a recoverable use permit, we've used that before.
Vice Mayor Plummer: Mr. Mayor, may I bring to your attention if you are not
aware of something that I found this morning. These boats aren't even built
yet. We are talking about if, successful...
Mr. Ring: Yes, that's correct.
Vice Mayor Plummer: ... the first trip on these boats, would be two years
from now.
Mr. Ring: Twenty-four months.
Vice Mayor Plummer: If everything runs smooth.
Mr. Rasco: Two years from now.
Vice Mayor Plummer: So whatever the mechanics are, surely can be worked out
within a two year time frame, if they can be worked out.
Mr. Rasco: I'm not sure if Wally got to it initially, but our urgency today
is, we have the financing coming into place to start building the ships which
is going to take about eighteen months. The ships is a thirty-five million
dollar investment - just for the vessels.
Vice Mayor Plummer: Seven million dollars each.
Mr. Rasco: But we need to have a positive statement from the City, so that
they will be comfortable that there is a place, a terminal here in the City of
Miami that there will be that will be wanted for this project.
Mayor Suarez: Does the motion as made satisfy your requirements on that? As
you heard it made by Commissioner De Yurre?
Mr. Ring: Mr. Mayor, the only things that I would request is that we do this
in a most expeditious manner, which is difficult for a board or a Commission
to do. I would like to have meetings with department heads which I have
already had and received little or no support from, to direct the City Manager
please, in the same resolution to work with me in the coming month so that we
can bring back some type of site location by the month of September that you
may in your wisdom consider.
Mayor Suarez: Yes.
Mr. Ring: And then direct him further in the month of September to October to
negotiate any lease arrangements, any financial disclosures, anything that you
may wish that would be required at his request to bring back before you to
execute this.
Mayor Suarez: Just keep in mind as you do all that, because I think that's
going to be voted on favorably, that if you want anything that has any long
standing character to it, you almost for sure are going to want to put it out
for an RFP (Request for Proposal).
118 July 25, 1991
Mr. Rasco: We understand that. And we understand that if it's waterfront, if
it's not...
Mayor Suarez: And the quicker you begin to give us the parameters, make sure
of course, the parameters include no liability to the City...
Mr. Rasco: No cost to the City, et cetera.
Mayor Suarez: ... improvement of the public access, very low slung
architecture. I think this more or less is similar to what we would like to
see.
Commissioner Alonso: So actually, all that we are doing is in the good
intentions, we like the idea in principle, but nothing else?
Mr. Rasco: At this point, what we want is an approval in principle of the
project...
Mr. Ring: Exactly.
Commissioner Alonso: You will work with the administration and then come back
to us.
Mr. Rasco: Exactly, As expeditiously as possible, please.
Mayor Suarez: The other model and the other parameter you might want to keep
in mind has been discussed today, is that where we have obtained substantial
financial benefits from a concession, or a lease, it's typically where we have
done it on a percentage of gross receipts. Keep that in mind.
Mr. Ring: OK.
Mayor Suarez: The percentage has been kicked around today has been ten
percent, the Monty Trainer lease used to pay us that much until other things
happened, and you know, that may be the price to pay for exclusivity after
going through an RFP process of what is in effect, a port facility.
Commissioner Alonso: And that I hope that very soon, they will start paying
LP to us all that they owe and in the future, and that we don't lose a penny.
Mr. Fernandez: Yes.
Mayor Suarez: Right.
Mr. Ring: It's normally done, Mr. Mayor, on the basis of per passengers
boarded in almost any port. I am not sure what common charges are as far as
the cruise lines are concerned. It has probably gotten down to a negotiated
flat rate at this point.
Mayor Suarez: Right.
Mr. Ring: But if it works...
Mayor Suarez: Yes, they have... once you've had them in operation you can
predict the flat rate. We like to go on percentage of gross.
Mr. Ring: Then, up to this point...
Mayor Suarez: We know what happens to percentage of net when you hire all
your relatives and there is no net profit, you know.
Mr. Rasco: I think we understand your percentage of gross principle.
Mayor Suarez: All right. Thank you, you have good accounting sense.
Mr. Fernandez: Mr. Mayor.
Mayor Suarez: Yes.
Mr. Fernandez: Just to make the record perfectly clear, I understand that you
are only doing a resolution approving in principle...
119 July 25, 1991
Vice Mayor Plummer: Correct.
Mr. Fernandez: but it should be clear for the record and for counsel
here...
Mayor Suarez: I am glad you are about to say that, yes, please, counsel...
Mr. Fernandez: ... to understand that this... well, because he made a
statement that putting together his financing and the like, he is not to use
this statement of this Commission at all in a detrimental reliance type of
mode not holding.
Commissioner Alonso: All right. With all of those disclaimers.
Mr. Rasco: No, no, no. It's simply for what exactly what it says. An
approval in principle of the project. That's all we are using it for.
Mayor Suarez: We just need your acquiescence that you heard his statement and
that you agree with it.
Mr. Rasco: We agree.
Mayor Suarez: Thank you.
Vice Mayor Plummer: Move it.
Mayor Suarez: With all of those understandings, we have a motion, I think.
Commissioner Alonso: Yes, I think we have a motion.
Mayor Suarez: And a second, I believe. Any discussion? If not, please call
the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 91-586
A RESOLUTION EXPRESSING THE CITY COMMISSION'S INTEREST
IN U.S. HOVERCRAFT INC.'S CONCEPTUAL PLANS TO
ESTABLISH AND CONSTRUCT, AT ITS OWN EXPENSE, A HIGH-
SPEED WATER TRANSPORTATION FACILITY IN THE CITY OF
MIAMI, AND APPROVING IN PRINCIPLE, SAID CONCEPT;
FURTHER DIRECTING THE CITY MANAGER TO ASSIST U.S.
HOVERCRAFT INC. IN FINDING A SUITABLE WATERFRONT
LOCATION IN THE CITY FOR THE PROPOSED PROJECT, AND TO
REPORT ON AN EXPEDITED BASIS SAID FINDINGS TO THE CITY
COMMISSION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.) .
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
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Rasco: Thank you, Mr. Mayor and Commissioners.
Mayor Suarez: Thank you.
Mr. Ring: Thank you.
120
July 25, 1991
12
NOTE FOR THE RECORD: At this point, item number 19
was withdrawn.
------------- ----------------------------------------------------- ------------
37. BRIEFLY DISCUSS AND TEMPORARILY TABLE FUNDING REQUEST BY NORTHEAST TASK
FORCE NEIGHBORHOOD ASSOCIATION FOR BEAUTIFICATION OF BISCAYNE BOULEVARD
(See label 41).
------------------------------------------------------------------------------
Mayor Suarez: Item 20, Northeast Task Force and Beautification Committee.
Commissioner De Yurre: Mr. Mayor, I have a gentleman here. Is he part 19?
Mr. Odio: From where? No.
Unidentified Speaker: Nineteen.
Vice Mayor Plummer: It's being withdrawn at this time, sir.
Unidentified Speaker: Oh! Nineteen is withdrawn?
Vice Mayor Plummer: Yes, sir.
Mr. Odio: Yes.
Unidentified Speaker: Sorry.
Commissioner De Yurre: OK. Come back again soon.
Mayor Suarez: Item 20.
Commissioner De Yurre: Mr. Mayor, number item 20, we've got some folks here
from the Northeast that wanted to speak about the beautification committee and
what they are trying to accomplish, and what kind of help they need from us.
Mr. Jan Grigsby: Jan Grigsby, Northeast Task Force. Mayor, and
Commissioners, I wasn't intending that I speak. Doug Broeker, our funding
committee chair is supposed to be here to speak. We had fifteen or sixteen
people here this morning and we did make calls to come back. We don't say
it's anybody's fault here, and I did expect Doug to be back by this time, so,
why don't we just go ahead and approve this and get it over with.
Commissioner De Yurre: Well, let's table this, see if they show up later on
today. Are they supposed to come back, or not?
Ms. Grigsby: Supposed to, Commissioner.
Mayor Suarez: If you want, we could table it for a little while.
Ms. Grigsby: OK. Would you do that?
Mayor Suarez: Yes, absolutely.
Mayor Suarez: Appreciate it.
Commissioner De Yurre: If you see them show up, let us know.
Ms. Grigsby: Thank you, very much.
Commissioner De Yurre: OK.
Mayor Suarez: And if you want, we can table it indefinitely. Just kidding.
121 July 25, 1991
38. GRANT FUNDING REQUEST BY TACOLCY ECONOMIC DEVELOPMENT CORPORATION
($176,000 FROM CLAUGHTON ISLAND FUNDS INVESTMENT INTEREST) TO PARTIALLY
FUND DEVELOPMENT OF THE EDISON TERRACE RESIDENTIAL PROJECT - STIPULATE
$100,000 TO BE RETURNED TO CITY FOR A LIEN PAYMENT - ALLOCATE SIMILAR
AMOUNT FOR NORTHEAST ASSOCIATION GROUP IN 1991-92 BUDGET.
------------------------------------------------------------------------------
Mayor Suarez: Item 21.
Commissioner De Yurre: Item 21, Mr. Mayor. We have a Dewey Knight, III here,
representing Tacolcy Economic Development Corporation, and about a year or so
ago, we had this similar situation with the.. I think it was the East Little
Havana...
Mayor Suarez: CDC (Community Development Corporation).
Commissioner De Yurre: ... CDC, about interest earned on monies with the
Claughton Island situation. And Tacolcy is in a similar situation wherein
monies that, if I am not mistaken was to go to them, that this interest has
been earned over a period of time and they would like to be able to make use
of that for a project they have in mind. And if Mr. Knight can further on
that, I would appreciate it.
Mayor Suarez: Dewey.
Mr. Dewey Knight, III: Honorable Mayor, and Commissioners, my name is Dewey
W. Knight, III, senior project manager with Tacolcy Economic Development
Corporation, and Mr. Otis Pitts is sorry that he could not be here, he is out
of town today. We request that the City of Miami would participate with TEDC
(Tacolcy Economic Development Corporation) in the Edison Terrace project,
which is a 3.6 million dollar, 60 unit low and moderate housing development on
NW 58th Street and 6th Avenue, by allowing us to use the Claughton Island
interest funds in the development, which is in the neighborhood of between a
hundred and seventy and a hundred and seventy-six thousand dollars. Forty-
five thousand of which will be paid back to the City for liens placed on this
property. Sixty-three thousand to be used to relocate six tenants which is
required by HUD. And the remainder to participate with us in a ninety-six
thousand dollar improvement that was required by us through the City of Miami
Public Works to have five feet replatted that you voted on this morning. As
you can see, that is over the one seventy-six. All of these were unexpected
expenditures. The City has been involved in this project for over two years.
First, its participation began when it agreed to possibly finance the
rehabilitation of some of the units that were housed there, but the previous
owner was unsuccessful in securing the balance of the needed financing and the
City withdrew its commitment. The owner eventually abandoned any hope of
developing the site and decided to sell it. The owner of the property
permitted some of the units to become dilapidated causing many of the tenants
to move. The units were cited for code violations by the City, enforcement
orders were issued by the Code Enforcement Board and fines were levied when
the owner failed to make the required corrections within the allotted time.
At the request of residents and business owners neighboring the site,
Commissioner Dawkins sought and received support of his fellow Commissioners
to set aside point five million dollars toward the acquisition and development
of the site. An amount subsequently reduced to three hundred and seventy-five
thousand. The Department of Development and Housing Conservation was tasked
with facilitating the site's acquisition and development. TEDC, under its
housing development grant from Development and Housing Conservation, worked
with the department in its effort to acquire and develop the site. Several of
the vacant units on this parcel became havens for crack dealers and users.
The City demolished the abandoned units and placed liens against the property
for its cost of doing so. TEDC succeeded in July 1990 in identifying
alternative sources for the acquisition of the site. It entered into a
purchase agreement for the parcels in August of 'L990, agreeing to purchase the
property for the amount required to cover the mortgages, taxes, liens, and all
other encumbrances. The outstanding mortgages and other encumbrances of the
property were discovered to be far in excess of the amount stated by the owner
and the amount estimated by the City and TEDC. The total acquisition price,
including liens by the City, is approximately five hundred thousand dollars
($500,000) which we require.
122 July 25, 1991
0
Mayor Suarez: You know, I was hoping to be able to say that we had a break
between the morning agenda and the 4:00 p.m. Zoning and Planning, but the way
you're going, we are not going to have any break at all. What are you trying
to tell us? What is the recommendation...?
Commissioner Dawkins: Mr. Mayor, Let me...
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Mr. Mayor, I was the one who sat here and forced Swire
to come up with the three point two million dollars. At that time, the money
was parceled out, Tacolcy got its share, and somebody else got its share.
Now, we find that there is a hundred and seventy-six thousand dollars' worth
of interest that's in the City of Miami's fund. Now, I for one, and my vote
is only one, would like to take this money - it's the City of Miami's money,
we have not done anything in the northeast corridor, and we keep telling the
people in the northeast corridor that we're going to do something. We've put
scattered -site housing in Coconut Grove, we've put scattered -site housing in
Liberty City with Tacolcy, we've put scattered -site housing in Wynwood, we've
put scattered -site housing in Overtown. It's time that we put some scattered -
site housing in northeast. And since we don't have any money, it is my
feeling that this hundred and seventy-six thousand dollars ($176,000) should
be put in - taken from where ever it is, put into the City of Miami's
Conservation Housing project earmarked, to put some scattered -site housing in
the northeast section. And that's how I feel about it.
Vice Mayor Plummer: Be more definitive of what you mean, the northeast.
Commissioner Dawkins: OK. In between 67th... no, 64th and 67th there from
the Banyan, they have sat down and said they are going to put some affordable
housing on the east side, I mean, the west side of Biscayne Boulevard. They
have drawn the plans and everything, it's a matter of identifying funds to get
it done. Mr. Bailey, or Mr. Hepburn, are you familiar with that project?
Vice Mayor Plummer: Whose project is this?
Commissioner Dawkins: Ours, the City of Miami scattered -site housing.
Vice Mayor Plummer: So, you're speaking from NE 5th Avenue to Biscayne
Boulevard?
Commissioner Dawkins: No. Biscayne Boulevard, 64th Street north to 67th
Street, on the Boulevard.
Vice Mayor Plummer: On the Boulevard?
Commissioner Dawkins: Yes.
Vice Mayor Plummer: Well, that's all commercial.
Commissioner Dawkins: No. If... but, they are going to push down those old
crack houses... I mean...
Vice Mayor Plummer: Motels?
Commissioner Dawkins: Motels, and put this affordable housing unit there.
Yes, the plans have been drawn and everything.
Vice Mayor Plummer: Now, are you speaking about permanent type of housing?
Commissioner Dawkins: Yes.
Vice Mayor Plummer: On Biscayne Boulevard?
Commissioner Dawkins: Yes. You've got the Banyan on the other side of the
street, that's permanent housing.
Vice Mayor Plummer: But, that doesn't face Biscayne Boulevard.
Commissioner Dawkins:
down here.
Well, this won't face... Herb Bailey, or somebody, come
123 July 25, 1991
Vice Mayor Plummer: I... You know, I just don't see Biscayne Boulevard
itself, facing the Boulevard...
Commissioner Dawkins: It doesn't have to face, it can face the railroad.
Vice Mayor Plummer: ..0 as being desirous of being a residential
neighborhood. Maybe, I am missing something here. I don't know. Banyan is a
good, as I recall...
Commissioner Dawkins: No, this project will be the same as the Banyan.
Vice Mayor Plummer: ... a half -a -block off the Boulevard. Now, maybe, what I
am missing is, is what you are trying to accomplish.
Commissioner Dawkins: I am trying to accomplish revitalization of that area,
and having made promises to the people up there, ever since I've been sitting
here, that we would eventually do something in the northeast area. I found
this money...
Vice Mayor Plummer: Miller, I am full behind you with there. The only
problem I have is...
Commissioner Dawkins: OK. No, you asked me what I was trying to do, and I
told you what I am trying to do.
Vice Mayor Plummer: I thought you were trying to get rid of crack houses.
Commissioner Dawkins: OK. Herb Bailey. Mr. Bailey.
Mr. Bailey: Yes.
Commissioner Dawkins: Are you familiar with the project that they are trying
to do on Biscayne Boulevard to put that housing there for the northeast
section?
Mr. Bailey: Yes. We've been working with the Task Force. We've located a
site between 62nd and 63rd to start with, that they contend that based on your
approval and principle of that plan, that we were obligated to start some
implementation. I have been looking at sites and we have gone through and
analyzed that particular block, which removal of two motels, and to tear down
behind it, some unsafe structures to build a mixed use complex of affordable
housing and retail on that site. That's what we talked about at our last
meeting. We started the appraisals because we are going to involve ourselves
in the scattered -site housing program with that.
Vice Mayor Plummer: You know, if you told me 63rd Street in particular, from
Biscayne Boulevard to NE 5th Avenue, has got to be one of the greatest
embarrassments to this City that exists, I might somewhat feel towards you,
but...
Mr. Bailey: I said 62nd to 63rd.
Vice Mayor Plummer: ... well, but, excuse me, the Commissioner was speaking
about on the Boulevard where the...
Commissioner Dawkins: I told you, I don't know, J.L. No, I don't know, J.L.
Commissioner Alonso: No, he wasn't sure of the location.
Vice Mayor Plummer: Or, OK. Right.
Commissioner Dawkins. All I know is that the Task Force and those that have
been to me.
Vice Mayor Plummer: Let me tell you just very quickly. I went up there the
other day and I brought to the Manager's attention 63rd Street...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Vice Mayor Plummer: No, Sabal Palm is 54th. I brought to the Manager's
attention that I drove down that street and honest to God, it was an
124 July 25, 1991
embarrassment. He got on Mr. Williams, who went up there with a crew and
cleaned that street in one day. And I am sorry to tell you, I went back two
days later, and it looked like they had not even been there. It is the
biggest embarrassment to this community - that one street. We have more purse
snatchers go down off of that street than a lot of others. OK?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Vice Mayor Plummer: No. That's not where Mr. Knight is talking about.
Commissioner Alonso: No. It's a different location.
Mr. Knight: No. But, we also have an embarrassing parcel right on I-95.
Vice Mayor Plummer: Excuse me. I was not speaking to yours.
Mr. Knight: Oh, OK.
Vice Mayor Plummer: Yours, I assume, are what we used to refer to as the
little yellow houses.
Mr. Knight: The little yellow houses on I-95 on the way to your downtown.
Vice Mayor Plummer: OK. I'm sorry, I misunderstood. I went on what his
comments were and he stands corrected, so I stand corrected. I'm sorry. OK?
Now, the question is then, what is the highest priority? Is it 63rd Street,
or is it 6th Avenue? That was where we are.
Commissioner De Yurre: We11, J.L., these guys are ready to go. I mean,
like...
Mr. Knight: We have in place... we have secured tax credits from State of
Florida. We have in place the money to do the construction.
Mayor Suarez: Let's hope that the Manager and his staff can come up with a
recommendation for us that we can use these interest funds that we have,
hopefully, help your project and at the same time, not renege on our promise
to the northeast.
Commissioner De Yurre: Well, Mr. Mayor.
Mayor Suarez: From... yes.
Commissioner De Yurre: According to the City Manager, he can recommend this
because he just told me a moment ago, he has got no problem with it.
Mayor Suarez: Right. And do we also...?
Commissioner Dawkins: No. He don't have a problem and he don't have any
vote. I've got a problem with it. OK?
Vice Mayor Plummer: Yes. You know...
Commissioner Dawkins: I've got a problem with it. He don't have no vote.
Vice Mayor Plummer: Yes, but here is where we've got to do it, all right?
There is... and Dewey, I am not talking against you, but I think I am speaking
for this Commission or the community. We have done quite a bit on the Shell
site, you've got to admit that. OK? We have been instrumental in that
situation. And I think what Commissioner Dawkins is trying to say... hello...
that if in fact, where does the balance to the community go, where we've done
absolutely nothing in the northeast. I think the compromise by the Mayor...
Mayor Suarez: But, don't we have... why don't we clarify? Don't we have some
funds? Well, go ahead if you have a compromise in mind, that's always worth
it.
Vice Mayor Plummer: Well, the compromise is, can we do for both? That's
maybe, the area to compromise.
Mayor Suarez: In the housing portion of the CDBG Economic Development, don't
we have some funds that could be used for the northeast? I mean, that's a two
125 July 25, 1991
year process that we've been going through. Commissioner Dawkins is right in
saying that that...
Mr. Knight: That's what I am saying. That's two years from now. It won't be
ready for a year and -a -half.
Mayor Suarez: Wait, wait, wait, Dewey, wait.
Mr. Odio: And we don't. You would have...
Commissioner Dawkins: You know, I could feel sorry for Mr. Knight, if
everything that they haven't done over there wasn't helped done by the City of
Miami. I mean, but some where else along the lines, you guys have got to
realize that the rest of the City of Miami has to be helped also, Mr. Knight.
And you just cannot stand there, sir, and pretend that the City of Miami has
not helped from the very beginning to develop that whole site.
Mr. Knight: I am not arguing that point, Commissioner Dawkins. The City has
been...
Commissioner Dawkins: OK. What's the argument, sir?
Mr. Knight: What I am saying is, that we are trying to help sixty low to
moderate income families. And if they need money, I think that we can try to
attempt to find money for both. We have a 3.6 million dollar project, and all
we asking out of the whole deal...
Mayor Suarez: And it's sixty families you are talking about?
Mr. Knight: Sixty families on this property. And another sixty next year
which we won't come back to you for anything. A part of this improvements
that we will be making will also be used to help... it will be a hundred -and -
twenty units on this site. I am not arguing the validity...
Commissioner Dawkins: Now, that's where you... well, I mean, I'm not for it
anyway. But when you start telling me that you are going to put a hundred...
how many units?
Mr. Knight: One hundred and twenty.
Commissioner Dawkins: And then you say, another unit. Another what now?
Mayor Suarez: Sixty and sixty.
Mr. Knight: No, no, sir, I said, sixty and sixty.
Commissioner Dawkins: You will put a hundred -and -sixty units on how many
acres of land?
Mayor Suarez: A hundred -and -twenty.
Commissioner Alonso: Can we go for homeownership in projects like this?
Commissioner Dawkins: How many acres of land?
Mr. Knight: Two point three acres.
Commissioner Dawkins: How much is that per acre? How many units is that per
acre? You see, we're going right back Mr... and I am talking to you only.
Now, I am not talking to anybody else.
Vice Mayor Plummer: Twelve fifty per acre.
Commissioner Dawkins: We're going right back to the concrete monster
syndrome. You know, pile as much mass for black people on corners that you
can.
Mr. Knight: We're not, sir. But it's a bigger issue is in that these people
don't have anywhere to live that is good and affordable, and that's what we
are trying to do. Now, you can't have Brickell Avenue with the water and
everything, because we can't have it. But these people need somewhere to live
that's affordable. And all we are asking for is a hundred and seventy-six
thousand, that over a hundred thousand will come right back to you.
126 July 25, 1991
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Mayor Suarez: When?
Mr. Knight: In liens.
Mayor Suarez: When?
Mr. Knight: Immediately. We've got to pay the liens immediately and we've
® got to do the improvements immediately. You haven't...
Mr. Knight: Mayor Suarez.
Commissioner Dawkins: Will this property produce revenue, taxes?
Mr. Knight: Eighty million per annum in taxes to City of Miami every year.
a
Commissioner Dawkins: Eighty what?
Mayor Suarez: Million in assessable.
Mr. Knight: Eighty thousand assessed taxes per year. When we do the second
one it will be a hundred and sixty thousand per year.
Commissioner Dawkins: What does the present ones pay?
Mayor Suarez: They're probably tax exempt.
Commissioner Dawkins: I know it.
Mr. Lorenzo Simons: Excuse me. The present ones pay right now, a hundred -
and -thirty thousand.
Commissioner Dawkins: How much?
Mr. Simons: A hundred -and -thirty thousand.
Commissioner Dawkins: And none of them are tax exempt?
Mr. Simons: None of them, tax exempt.
Commissioner Dawkins: Not even the one in front of the bank, sir?
Mr. Simons: Not even the one in front of the bank.
Commissioner Dawkins: OK. All right.
Mr. Simons: We pay seventy thousand dollars on that one in taxes.
Commissioner Dawkins: Well, I've been with this from day one. I am the one
who pushed the yellow houses down.
Mr. Knight: Yes, sir.
Commissioner Dawkins: I'm the one who went to Otis Davis and told Otis Davis,
we need to put some townhouses in there. And I will tell you and all of you,
I have no problems with the development of the area, I've got a hell of a
problem with putting multiple units there. That's my problem. OK?
Mr. Knight: I understand your problem.
Vice Mayor Plummer: Well, you know, if I hear correctly, of the hundred and
seventy-six thousand we are talking about, if we get a hundred thousand of it
back...
Mr. Knight: Over a hundred thousand.
Vice Mayor Plummer: ... immediately, we can address that to the northeast.
Now, the only question I wanted to ask you was, you said, we've got to
relocate six tenants?
Mr. Knight: Yes, sir.
127 July 25, 1991
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Vice Mayor Plummer: At sixty three thousand dollars ($63,000)?
Mr. Simons: Four.
Vice Mayor Plummer: The places they were living in weren't worth ten thousand
each.
Mr. Knight: We've negotiated with HUD, we've argued back and fourth, and they
have required for roughly, ten thousand dollars ($10,000) a piece.
Vice Mayor Plummer: To do what?
Mr. Knight: To relocate, and I'm not really a specialist, but, and it's a
house... we have to pay for them...
Vice Mayor Plummer: I mean, ten thousand dollars ($10,000) per unit?
Commissioner Dawkins: No, no, total.
Mr. Knight: Total. Yes.
Vice Mayor Plummer: Per unit. I mean, you know, moving expenses can't be a
thousand dollars.
Mr. Knight: Yes, it's ten thousand... yes, sir. That's right, roughly ten
thousand.
Commissioner Alonso: Ten thousand per person.
Mr. Knight: And we have the HUD contact. I'll give you his name. We've
been... we couldn't believe it ourselves.
Vice Mayor Plummer: What are you doing?
Mr. Knight: We have to provide them with housing for three years.
Vice Mayor Plummer: Huh?
Mr. Knight: That's from HUD. And I'll give you the name, I'll provide you
the name.
Mr. Bailey: Commissioner, The relocation guidelines specifies that, if they
are being relocated through the use of federal funds, we have to provide the
difference in what they were paying and what the new housing will cost for
forty-eight months. Plus moving expenses.
Vice Mayor Plummer: We're talking about the people in the yellow houses?
Mr. Knight: Yes, sir.
Vice Mayor Plummer: They weren't paying anything. They were crack dealers.
Mr. Knight: Well, we have some older families that live there - six.
Vice Mayor Plummer: I went on two sting operations there. There wasn't
nobody paying rent.
Mr. Knight: Well, they are there now. We take rent now.
Commissioner De Yurre: Mr. Mayor, if I may make a motion.
Mayor Suarez: All right.
Commissioner De Yurre: So we can move off of this. If we are talking
about... if we give them the hundred -and -seventy-six thousand, they've got to
give the City back in very short order, a hundred thousand that we can earmark
again for another project. And from what Miller is saying, you know, what he
is saying makes sense too. The area that he addressed is one that needs help.
Mr. Knight: I agree.
128 July 25, 1991
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Commissioner De Yurre: And I've got no problems supporting... you know,
putting that hundred thousand there.
Mayor Suarez: And that we've made a commitment to, at least, in principle.
Commissioner De Yurre: So, you know, what I would move right now is that the
hundred and seventy-six thousand in interest be given to this project - we
get a hundred back and we earmark that hundred thousand for this other area
that has been addressed by Miller. That would be my motion at this time.
Mayor Suarez: And with the intention of covering the deficit that is needed
for the northeast from CDBG funds or otherwise.
Commissioner De Yurre: That's right.
Commissioner Alonso: What is the urgency of making a final decision today? -
when this was presented to us as a personal appearance, and we didn't really
have enough information from the administration about this item. Why is the
urgency?
Mr. Knight: Well, one of the urgencies is, is that we are about six days late
with forty-five thousand dollars ($45,000) to Dr. Prieto. He is waiting with
his hands out. We had to pay.
Vice Mayor Plummer: The real emergency is, they've found it and they don't
want nobody else to get it.
Commissioner De Yurre: No. They've known about it for a while.
Mr. Knight: We've known about it for a long time.
Mayor Suarez: By the way, if this motion should pass, I certainly...
Vice Mayor Plummer: Hey, that's smart.
Mayor Suarez: ... hope we channel the funds through your agency, but that we
be sure that they come right back to Dr. Prieto's shop.
Commissioner Dawkins: I'm going to make... I mean, I'm going to vote against
this. Because I... and it's not that I am against the project. I am against
that much mass on the project. I've said that from day one. But, I want
Commissioner Plummer to put in to his motion...
Vice Mayor Plummer: Sir, I... OK.
Commissioner Dawkins: ... that this project must use laborers from the labor
hall on 62nd Street. If they don't use it, everything is null and void.
Mr. Knight: That runs our cost up. It runs your cost up.
Mr. Simons: We can't do that.
Commissioner De Yurre: The what?
Mr. Knight: We haven't planned... we will use... we are using people from the
community. But if we have... are forced to use the labor union at the
price... we are trying to work out with them now at a lower price, but we
can't commit to that because the price of labor unions, and the cost per
person. Then that shoots the project up and we couldn't build.
Mr. Simons: We were not ready to approve a contract to put a project... how
are you going to go back now and tell us who to...
Mr. Knight: We are working with them. We are now working with Albert. We
are working with him. Some of the laborers say, now, that they will come and
work for lower wages, but that's a problem in every State, in every city, the
wages are out of line. We couldn't do the project.
Commissioner Alonso: Mr. City Manager, can we take this...?
Commissioner Dawkins: Well, I'm going to tell you, and I am going to tell my
good friend Talmage Fair, I'm not voting for no money for you all, as you and
129 July 25, 1991
i
Talmage Fair if you guys do not use laborers out of the union hall on 62nd
Street. That's me.
Mr. Knight: We're working with them now, Commissioner.
Commissioner De Yurre: OK. I have my...
Mayor Suarez: But you can't be bound by that is what you are saying. All
right, Commissioners, we have a motion. The movant certainly hasn't accepted
that modification, except maybe, as a recommendation and advice...
Commissioner De Yurre: Strong suggestion.
Mayor Suarez: ... that you continue trying to work with unions - strong
suggestion, that's the wording. Do we have a second on the motion?
Mr. Fernandez: Is the City Clerk clear on the motion?
Vice Mayor Plummer: No. Well, I'm not clear. I'll second it for discussion,
so I can hear exactly what the motion is.
Commissioner Alonso: What is the motion? Would you...?
Mayor Suarez: Restate the motion.
Commissioner De Yurre: The motion is that they be given a hundred and
seventy-six thousand dollars of interest that is accumulated, that they use
that money to develop the project. That's the money that they need to finally
get things going. Approximately a hundred thousand of that is coming back to
the City for liens that have to be paid and work that has to be done.
Mr. Knight: Almost a hundred -and -forty thousand. Because ninety-six thousand
is the work that has to be done.
Commissioner De Yurre: OK.
Mr. Knight: Forty-five thousand is the liens. That's a hundred and forty-one
if I am not mistaken.
Commissioner De Yurre: So a hundred -and -forty-one comes back, we can
earmark...
Vice Mayor Plummer: What?
Mr. Bailey: That doesn't work.
Vice Mayor Plummer: Why doesn't it work?
Mr. Bailey: As I understood the discussion, I thought that... and their
request is for seventy-five thousand. Did you give them the seventy-six
thousand dollars ($76,000) and the one hundred thousand dollars ($100,000) be
returned to the City to be used for the northeast area for revitalization
there, not to be paid for it in the liens coming back to us. That doesn't go
to the northeast, that goes to another area of the general fund. That doesn't
work.
Commissioner De Yurre: OK. Hey, we have magicians in the budget department.
We've had them for years.
Mr. Bailey: They're not that good.
Commissioner Dawkins: Herb, leave this alone. OK?
Mr. Bailey: All right.
Commissioner Dawkins: To hell with it. I mean, we tried.
Vice Mayor Plummer: No, no, no.
Commissioner Dawkins: No, it's unfair. I mean...
Vice Mayor Plummer: Look, what's your deadline on this?
130 July 25, 1991
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Mr. Knight: We're moving on. We have everything else in place but this
amount.
Vice Mayor Plummer: You know what I am going to suggest to you? Go and sit
down with Herb Bailey, and come back before this meeting is over, and let's
get everything done.
Commissioner Dawkins: You see, and the only thing is, the liens are for
pushing down the crack houses that we asked the owner to destroy. So now, we
asked the owner to remove the crack houses, the owner didn't remove the crack
houses, we pushed them down and placed a lien on them, and now we are going to
give them money to pay the lien.
Mr. Bailey: May I make a suggestion, please? The liens are placed on them
by... we have demolition liens I think that we placed on... why don't we
suggest that because this is a worthwhile public project, we waive those
liens? The Manager doesn't agree.
Vice Mayor Plummer: Every ten seconds, a new item is added to this.
Mr. Odio: We have to pay the liens, so.
Commissioner De Yurre: Mr. Mayor, I've got a motion. You know, if it got a
second, fine. If not, we move on.
Mayor Suarez: All right. Any further discussion on the item? You want to
restate the motion?
Commissioner De Yurre: I'll restate it again. That they get the hundred -and -
seventy -six thousand dollars ($176,000) worth of interest that's accumulated
for their project. And the bulk of the money is coming right back to the
City. Now, whether the City wants to call it, you know, a chicken or a hen,
or whatever, that's fine, but we can earmark funds for the northeast for the
project that Miller has identified.
Mayor Suarez: OK.
Vice Mayor Plummer: How much do we owe the contractors? Well, but don't
let... excuse me, don't let us go down a primrose path...
Mr. Odio: No, I'm not.
Vice Mayor Plummer: ... thinking that we are going to get a hundred thousand
dollars back...
Commissioner Alonso: No, we're not.
Mr. Odio: That's exactly what we are saying, that you're not.
Vice Mayor Plummer: ... and we are going to do it in the northeast, and here,
the northeast people are listening.
Mr. Odio: Commissioner, that's exactly what I'm saying, you cannot do that.
Vice Mayor Plummer: Well, let's get it all out on the table. If we are not
going to have ten cents back to give to the northeast...
Mr. Odio: No, you won't.
Vice Mayor Plummer: ... don't let them... then, say it.
Mr. Odio: I'm saying it.
Vice Mayor Plummer: Now, that's where we come to fish or cut bait.
Commissioner De Yurre: No. Let me ask you. You're telling me that the
people who did the knocking down of the houses that they demolished, they have
not been paid?
Mr. Odio: We have to pay for that.
131 July 25, 1991
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Commissioner De Yurre: Oh, they've been paid.
Mr. Odio: Yes, but, we have to recover the money.
Commissioner De Yurre: OK. So, it comes back to the City.
j Mr. Odio: To recover what we paid out of cash.
Commissioner De Yurre: OK. But it's already been paid out. So, it isn't
like you're going to recover the money and then take that money and pay it
out.
Mr. Odio: No. But we...
Commissioner De Yurre: You're just recuperating the money that has been paid
out already.
Mayor Suarez: And you're counting on that money when it's recovered to put
right into your general revenues.
Mr. Odio: That's right.
Mayor Suarez: To be used for general purposes of the City. Not for...
Mr. Odio: Because we have to make... No, sir. It goes back to the demolition
account.
Mayor Suarez: Well, whatever account you put it in.
Mr. Odio: Or whatever.
Mayor Suarez: A demolition account. But, I mean, it's not to be used for
housing necessarily, although... by the way, did we recover any of those
monies from the owners of the land when we? - or did you rather?
Mr. Knight: No, they left us with the bag.
Mr. Odio: They just dumped...
Mr. Simons: One died and the other lady is bankrupt.
Vice Mayor Plummer: I didn't bury him, did I?
Mr. Knight: I believe so.
Vice Mayor Plummer: Put me in a conflict.
Commissioner De Yurre: You could always put a lien on her property.
Mayor Suarez: But, I mean, in acquiring the properties, you couldn't collect
from the property from the sale value of the property?
Mr. Knight: They don't have it. They didn't have it. All we are asking is,
participate in a housing - affordable housing - for poor, tow and moderate
income at a hundred -and -seventy-six thousand that you didn't even know you had
in the first place. We are asking you to participate for the sake of...
Vice Mayor Plummer: Mr. Manager, what do you recommend, sir?
Mayor Suarez: Please, please.
Mr. Odio: No, I don't have a recommendation because I haven't seen the
drawings, I haven't seen the proposed plan, until today.
Mayor Suarez: General merriment on the part of the City Attorney.
Mr. Odio: So it's up... this is a question of policy.
Vice Mayor Plummer: I ask again. Mr. Manager, what is your recommendation?
Commissioner Alonso: This is terrific.
132 July 25, 1991
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Mr. Odio: It's a question of policy of the Commission whether you want to buy
this project or the other one.
Vice Mayor Plummer: And that... we wish to establish policy based on your
recommendation, sir, and what would that be?
Mr. Odio: I don't have one.
Vice Mayor Plummer: You don't have one?
Mr. Odio: No, sir.
Commissioner Alonso: And then they expect us to vote.
Mr. Odio: No, I didn't say you had to vote. I said that...
Vice Mayor Plummer: I pay you a hundred -and -six thousand dollars a year to
make no recommendation.
Mr. Knight: Ms. Alonso.
Commissioner De Yurre: Call the roll, yes.
Mr. Odio: Mind you, not enough.
Mr. Knight: But just listen to the merit of the project. You're putting in a
hundred -and -seventy-six thousand dollars ($176,000) in a three point six
million dollar project that Dade County has put in, that the State of Florida
has put in to provide people with affordable housing. What more can you ask
for?
Mayor Suarez: And on top of that, we are going to get paid close to a hundred
thousand dollars ($100,000) on liens that we might not otherwise recover.
Mr. Knight: What more can you ask for? And we have approved and recommend...
we have all the other money in place.
Vice Mayor Plummer: Well, Mr. Knight. OK, Mr. Knight, put yourself in this
chair. When the people in the northeast come here and say, what have you done
for us? How do I answer?
Mr. Knight: Sir, I don't know how you answer.
Commissioner De Yurre: You going to have a change with the beautification
process.
Vice Mayor Plummer: No, no. How do I answer that? They are entitled to City
funds and grants as all this City is, and they look over on the Shell site,
and they see a number of new houses over there, and they say to us, Mr.
Commissioner, what have you done for the northeast? I want to know what do I
tell them, sir?
Mr. Odio: You want a recommendation from me?
Vice Mayor Plummer: Yes, sir. I asked that before.
Mr. Odio: OK. I can...
Commissioner Dawkins: Hey, sir, hold up - that housing unit that you guys are
talking about putting up there...
Mr. Odio: I will bring it back in September, all right? - after I look at the
other site, and then I'll decide.
Commissioner Dawkins: ... Hold that up for us please? Yes, the one on
sixty... Yes, that one. That's the one, J.L., is talking about.
Mr. Odio: ... six, could be another day
Vice Mayor Plummer: Is that on sixty-third street?
Mr. Douglas C. Broeker: Approximately, sir.
133 July 25, 1991
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Vice Mayor Plummer: What?
Mr. Broeker: I'm not sure of the exact address.
Ms. Janet Grigsby: Approximately sixty...
1
Mr. Broeker: It's somewhere around Martin Luther King and the Boulevard.
Vice Mayor Plummer: Well, there are about forty-seven acres around Martin
Luther King and the Boulevard.
Mr. Broeker: That's correct.
Vice Mayor Plummer: Could you be more definitive?
Mr. Broeker: Well, I don't know. That is another committee of the Northeast
Task Force project, and it may be...
Vice Mayor Plummer: So we don't get an answer.
Mr. Broeker: I'm sorry, Commissioners.
Mr. Odio: I'll tell you what I'd recommend, I really do.
Vice Mayor Plummer: I'm listening.
Mr. Odio: I will bring it back September, after I look at this project and
the other one, and we will recommend either one of the two.
Vice Mayor Plummer: I don't think that we can ask for anything fairer, Mr.
Knight. Now, you will just have to wait until September.
Mayor Suarez: OK. I deem that to be a taking back of your second which was
for discussion, withdrawn of the second.
Vice Mayor Plummer: Yes, sir. At this particular time, in the interest and
fairness to everyone concerned.
Mayor Suarez: You want to withdrawn the motion for September meeting?
Commissioner De Yurre: No. My motion stands. If 1 don't get a second,
that's fine.
Mayor Suarez: OK. We can do it either way. You can either withdraw your
second, or leave your second and we vote on it. We understand you seconded
for discussion.
Vice Mayor Plummer: Well, Mr. Mayor, I don't want to be placed in a position
of seconding on a motion to vote against, because of the Manager's
recommendation.
Mayor Suarez: Right. That, thank God, went out with a Commissioner that used
to be here whose name we won't mention.
Vice Mayor Plummer: And that's why I don't want to do it, so that I wouldn't
have been here.
Mayor Suarez: Very good.
Vice Mayor Plummer: Thank you, sir.
Mayor Suarez: OK. So we have a motion... I'll second it. I'll vote for it
at this point. I'm assuming that we of course, will be able to find other
monies to satisfy the northeast.
Vice Mayor Plummer: We] 1, if you give me that guarantee, I'll vote for it.
Fine. But I don't want the northeast to walk away from here thinking that
there is monies going to be coming back form this project to do their project,
and then they find out that we've got empty hands. And I don't think that's
right.
134 July 25, 1991
Mayor Suarez: Actually, for myself, I had assumed that when we heard the
final report of the Northeast Task Force, they would be requesting funds more
substantial than this, because we really, really... and we needed to find them
either from CDBG, or if that cycle was over, wait for the next CDBG cycle,
which is July.
Commissioner Alonso: We have more questions than answers.
Vice Mayor Plummer: How much money...?
Commissioner Dawkins: Well, I must say... let me put back in the record
again.
Mayor Suarez: Or... wait, wait. Let me just finish. Wait, wait,
Commissioner. Commissioner Dawkins, I have respected you all day. Let me just
finish what I am saying please? Or, any other capital account of the City,
including sale of lands, or any other place. Because I think what you guys
need in the northeast, is not going to be resolved by a hundred -and -seventy-
six thousand dollars, frankly. All right? That would be the reason for my
vote. Commissioner Dawkins.
Commissioner Dawkins: I've said it before and will say it again. I have no
problems with the project, other than the mass. I said at the very beginning,
it was my promise to the northeast people that I would assist in getting
something going on Biscayne Boulevard. It was not their idea to receive the
hundred -and -seventy-six thousand dollars ($176,000). I found out it was there
and I said we hadn't done anything up there, and let's make it available to
them. That's what I did. They did not come up here asking for it, I did it.
So, and you're right, a hundred -and -seventy-six thousand dollars ($176,000)
will do no more to erase the evils in northeast than it will be to clean up
all the evils that Mr. Knight and those are trying to clean up on 54th Street
and 58th Street.
Vice Mayor Plummer: All right, let me tell you how I can vote for that.
First of all, you're probably two years off before you start implementation.
Mr. Broeker: Well, it depends on the different projects.
Vice Mayor Plummer: OK. At least a year.
Commissioner De Yurre: Ninety-two, fiscal year.
Vice Mayor Plummer: Now, if we can attach to the motion of approval for Mr.
Knight, at the same time, instruct the administration to make a like amount
available to the northeast in the new budget, I'll vote for it.
Mayor Suarez: I'll second it.
Vice Mayor Plummer: OK?
Commissioner De Yurre: That's fine.
Commissioner Dawkins: Just amend the motion. That's all.
Vice Mayor Plummer: Then I'll amend... I want my colleague who made the
motion to have that opportunity. I'm telling you...
Commissioner De Yurre: I'm the one that put this on the agenda. I am fully
supporting their efforts. So, that's no problem.
Vice Mayor Plummer: OK. Then as far as I am concerned, if the motion reads,
that we approve the hundred -and -seventy-six thousand to Mr. Knight's project,
and that we mandate to the Manager that in the upcoming budget, that he must
provide a like amount to the Northeast Association for their implementation...
Commissioner De Yurre: Minimum.
Vice Mayor Plummer: ... you've got my vote.
Commissioner De Yurre: He's going to need more.
Commissioner Dawkins: OK. Did the second... amendment accepted?
135 July 25, 1991
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Mayor Suarez: Yes, the second accepts it.
Commissioner De Yurre: Yes, that's fine.
Commissioner Dawkins: All right. Now, that does not mean that the northeast
have to get in line? They automatically got a hundred and seventy...
Vice Mayor Plummer: No, sir. That... mandates.
Commissioner De Yurre: Well, they are next in line.
Commissioner Dawkins: They already got a hundred -and -seventy-six thousand
dollars?
Vice Mayor Plummer: That, or better.
Commissioner Dawkins: All right. I can vote with that.
Commissioner De Yurre: OK.
Mayor Suarez: J.L., you're chairing.
Vice Mayor Plummer: Ohl Am I the chair?
Mayor Suarez: Yes.
Vice Mayor Plummer: Good. All of you are out of order. Motion understood?
Any further discussion?
Commissioner De Yurre: Call the roll.
Vice Mayor Plummer: Call the roll.
Mr. Knight: Thank you, sir.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 91-587
A RESOLUTION ALLOCATING FUNDS IN THE AMOUNT OF
$176,000 FROM INVESTMENT INTEREST EARNED ON THE
CLAUGHTON ISLAND FUNDS TO TACOLCY ECONOMIC DEVELOPMENT
CORPORATION, TO PROVIDE PARTIAL FUNDING FOR THE
DEVELOPMENT OF THE EDISON TERRACE RESIDENTIAL PROJECT,
SUBJECT TO THE CONDITION THAT A PORTION OF SAID
$176,000 WILL IMMEDIATELY BE RETURNED TO THE CITY IN
AN AMOUNT SUFFICIENT TO PAY ALL EXISTING LIENS OWED TO
THE CITY; FURTHER DIRECTING THE CITY MANAGER TO
IDENTIFY AND ALLOCATE A LIKE AMOUNT FOR THE NORTHEAST
ASSOCIATION GROUP IN THE 1991-1992 FISCAL YEAR BUDGET.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Mayor Suarez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
136 July 25, 1991
Commissioner Alonso: Well, I have a lot of unanswered questions, but for the
sake of affordable housing, I vote yes.
Vice Mayor Plummer: It is unanimous. Thank you, sirs.
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39. (Continued Discussion) RESCHEDULE FIRST COMMISSION MEETING IN OCTOBER
TO TAKE PLACE ON OCTOBER 3, 1991, WITH THE MORNING SESSION IN COMMISSION
CHAMBERS, MOVING THE AFTERNOON SESSION TO THE JAMES L. KNIGHT CENTER
(ASHE AUDITORIUM) (See label 32).
------------------------------------------------------------------------------
Commissioner Alonso: If I may.
Mayor Suarez: You were waving at me for item 2. What was item 2?
Commissioner Alonso: Yes, item 2. And also, I also I want to bring back the
question of the town hall meeting in downtown Miami. They say October 3rd and
17th both, the Knight Center is available. So, we have to know what this
Commission wants to do.
Mayor Suarez: Third or 17th? - and the other two dates in October are?
Commissioner Alonso: This is October. Because September is impossible.
Mayor Suarez: But I mean, the other two Commission dates in October are?
Commissioner Alonso: Are the lath...
Mr. Fernandez: The loth and the 24th.
Commissioner Alonso: Excuse me, the 10th and..?
Mr. Fernandez: Tenth and 24th are regular Commission meetings. So the only
Thursday...
Mayor Suarez: So I guess, either way. What are the two dates?
Mr. Fernandez: Third or the 17th.
Commissioner Alonso: Third, or 17th.
Mr. Odio: Commissioner, why don't... could you have the regular Commission
meeting there, and do this...?
Vice Mayor Plummer: That's fine.
Commissioner Alonso: Well, the problem is...
Mr. Odio: And then, you don't have to meet three times.
Commissioner Alonso: They were told, that it was going to be a little bit
difficult.
Mr. Odio: Why don't I suggest that, the day of the Planning & Zoning meeting?
Mayor Suarez: The second meeting in October could be held there - the morning
session to be dedicated to their concern.
Commissioner Alonso: OK. Fine.
Mayor Suarez: They want the 24th then?
Mr. Odio: You could do the morning...
Commissioner Alonso: Wait a second. They want it in the afternoon - five
thirty to six.
137 July 25, 1991
Ab. 'W
Mr. Odio: Well, you could do it from 2:00 to 6:00.
Commissioner Alonso: I beg your pardon?
Mayor Suarez: Two to 5:00, or 5:30.
Mr. Odio: You could do it the day of the regular Commission meeting.
Mayor Suarez: Reserve two hours.
Mr. Odio: We do it like today, and reserve from 5:30 on.
Mayor Suarez: How many hours do they need, do you think?
Vice Mayor Plummer: Well, what we've done in the past worked out very well.
We do the first half here as normal. When we go to lunch, we go back to the
downtown and reconvene there. And that gives us...
Mr. Odio: You eliminate one day.
Vice Mayor Plummer: Yes, that works out very well.
Commissioner Alonso: So then it will be the 10th.
Mr. Fernandez: The loth.
Vice Mayor Plummer: Yes, that's fine.
Commissioner Alonso: OK.
Vice Mayor Plummer: Now, if you could find some place beside the Hyatt,
because of the problem with the parking, it would be appreciated.
Mr. Odio: ...with microphones and everything else...
Vice Mayor Plummer: Well, OK, I'm just telling you that the public sometimes
complain about...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Alonso: Hyatt is one alternative.
Mr. Odio: Maybe we can ask the...
Commissioner Alonso: The Miami -Dade Auditorium is another alternative.
Vice Mayor Plummer: Miami -Dade.
Mr. Odio: Yes, but the parking there is even worse.
Commissioner Alonso: Miami -Dade? I beg your pardon?
Vice Mayor Plummer: Yes.
Mr. Odio: Miami -Dade is even worse for parking.
Vice Mayor Plummer: Well, but if really, I guess, if we're talking about
addressing the downtown people, they're already there anyhow.
Commissioner Alonso: Now, wait a minute. But we have now a problem. The
date, again, we have to check.
Mr. Odio: Oh, if the loth is available.
Commissioner Alonso: Because we are changing again.
Mayor Suarez: All right.
Commissioner Alonso: To the loth.
138 July 25, 1991
Vice Mayor Plummer: I think the Alfred I. Dupont Building would be a very
nice place to have it so that you could all see it.
Mr. Odio: Well, why don't you do this? What day is available?
Commissioner Alonso: They told me the 3rd and 17th.
Mr. Odio: Do the regular Commission meeting on the 3rd or the 17th.
Commissioner Alonso: Well?
Mr. Odio: That way we're sure we have the facility.
Mayor Suarez: That's a good way to do it.
Vice Mayor Plummer: Yes.
Mayor Suarez: All right, let's go for the 17th or the 3rd.
Vice Mayor Plummer: Third, let's go for the 3rd.
Mr. Odio: Seventeenth, whatever you want.
Mayor Suarez: Third and 24th then. That will be...
Vice Mayor Plummer: That's fine.
Mayor Suarez: All right.
Commissioner Alonso: Third...
Mayor Suarez: I'll entertain that in the form of a motion...
Vice Mayor Plummer: So move.
Mayor Suarez: ...that the first Commission meeting...
Commissioner Alonso: Second.
Mayor Suarez: ...of October, be on October 3rd...
Commissioner Alonso: Yes.
Mayor Suarez: ...and that that also combine the town hall meeting on downtown
concerns. So moved. Seconded.
Vice Mayor Plummer: Warshaw, have we done yours?
Commissioner Alonso: Yes.
Mayor Suarez: Any discussion? If not, please call the roll.
Vice Mayor Plummer: Do item 2.
Mayor Suarez: Please, let's call the roll on this item.
139 July 25, 1991
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-588
A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY
i COMMISSION MEETING OF OCTOBER, 1991 TO TAKE PLACE ON
OCTOBER 3, 1991 AS FOLLOWS: (1) THE MORNING SESSION
I SHALL CONVENE AT 9:00 A.M. IN CITY COMMISSION
CHAMBERS, CITY HALL, DINNER KEY, 3500 PAN AMERICAN
DRIVE, MIAMI, FLORIDA; (2) THE AFTERNOON SESSION SHALL
CONVENE AT 2:00 P.M. AT THE CONVENTION CENTER OF THE
CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT
INTERNATIONAL CENTER, A/K/A THE MIAMI CONVENTION
CENTER IN THE ASHE AUDITORIUM OF SAID CONVENTION
CENTER, 400 SOUTHEAST SECOND AVENUE, MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
40. (Continued Discussion) EMERGENCY ORDINANCE: AMEND 10021, WHICH
ESTABLISHED INITIAL RESOURCES AND APPROPRIATIONS FOR THE LAW ENFORCEMENT
TRUST FUND - PROVIDE FOR INCREASE OF $395,500, FROM ADDITIONAL MONIES DUE
TO SUCCESSFUL FORFEITURE ACTIONS (See label 11A).
Mayor Suarez: What is item two again? -remind me.
Mr. Odio: It's the... putting in the account the monies fund that we have
confiscated.
Vice Mayor Plummer: So move.
Mr. Odio: Law Enforcement Trust Funds. Three hundred and...
Mayor Suarez: Law enforcement...
Vice Mayor Plummer: So move.
Commissioner Alonso: I beg your pardon? I beg your pardon?
Mr. Odio: No, that's to put into the account the monies that we have
confiscated.
Commissioner Alonso: And it's OK, the twenty-five thousand?
Mr. Odio: Yes, yes, Commissioner.
Vice Mayor Plummer: Yes.
Commissioner Alonso: OK, fine. Second.
Mayor Suarez: This is not related to the Do The Right Thing program?
Vice Mayor Plummer: Better Way.
140 July 25, 1991
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Mr. Odio: No, this is just to put the,..
Mayor Suarez: OK.
Mr. Odio: ...money in the account.
Commissioner Alonso: No, this is accepting the money.
Mayor Suarez: Call the roll. It is included in there?
Mr. Jorge Fernandez: This is an emergency ordinance.
read. You need two votes on it.
Mayor Suarez: It does include the Do The Right Thing.
Mr. Fernandez: Regular 2, Madam Hirai.
It has already been
Mayor Suarez: Can somebody answer whether this funds the Do The Right Thing
Program?
Lt. Joseph Longueira: Yes, it does, sir. It appropriates the money for that
program and a host of other ones.
Mayor Suarez: Will there be a further vote on the Do The Right Thing
allocation or not?
Mr. Fernandez: No.
Mayor Suarez: This is it?
Lt. Longueira: No, that passed last time.
Vice Mayor Plummer: It's not necessary.
Mayor Suarez: It passed.
Mr. Fernandez: Yes, it did.
Vice Mayor Plummer: Excuse me. Did you all receive, as requested, I sent you
the full resume of the one who was chosen to be the director, as you
requested, to see that it wasn't...
Mayor Suarez: Yes, I have not met the person. I don't know anything about
her other than what I read in clippings. Anybody can get good clippings.
Lt. Longueira: We'll arrange that, Mr. Mayor.
Mayor Suarez: All right. This will be a tough vote for me next year. Unless
you give us...
Lt. Longueira: We'll talk.
Mayor Suarez: ...some idea of why we have to spend that kind of money for
something that I think we can do right at this Commission meeting to recognize
those kids.
Vice Mayor Plummer: Oh, no, no, no...
Mayor Suarez: Without any expenditure whatsoever.
Vice Mayor Plummer: Mr. Mayor, are you aware of the full text of that program
that every other weekend that they have a picnic or a party in the different
areas of inner -City. That they do all of these awards. That they go through
6,000 applications a month for the awards of which children are chosen.
Mayor Suarez: Sounds like a lot of bureaucratic nonsense to me to go through
6,000 applications.
Vice Mayor Plummer: Well, they are... all right, I just...
Mayor Suarez: All right.
141 July 25, 1991
Vice Mayor Plummer: I'm aware, maybe the failing...
Mayor Suarez: Anyhow, I was just putting a statement on the record for next
year. We voted on it, so...
Vice Mayor Plummer: All right, the failing...
Mayor Suarez: ...on the item at hand, we have a motion and a second. Please
read the ordinance.
Ms. Hirai: It's been read, yes.
Mr. Fernandez: It's already been read.
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 100219
ADOPTED ON JULY 189 1985, AS AMENDED, WHICH
ESTABLISHED INITIAL RESOURCES AND INITIAL
APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND
RECEIVED AND DEPOSITED PURSUANT TO ORDINANCE NO. 92579
ADOPTED APRIL 9, 1981, TO PROVIDE FOR AN INCREASE IN
THE AMOUNT OF $395,500 AS A RESULT OF ADDITIONAL
MONIES DEPOSITED IN SAID FUND DUE TO SUCCESSFUL
FORFEITURE ACTIONS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Alonso, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
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.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Alonso, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10901.
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.
142 July 25, 1991
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41. (A) PETITION STATE DEPARTMENT OF TRANSPORTATION TO ALLOW PLACEMENT
OF LIGHTS AND DECORATIVE MOSAICS UNDER I-395 OVERPASS ON
BISCAYNE BOULEVARD AND 36 STREET.
(B) (Continued Discussion) GRANT FUNDING REQUEST ($250,000, FROM
CDBG FUNDS) BY NORTHEAST TASK FORCE NEIGHBORHOOD ASSOCIATION FOR
BEAUTIFICATION OF BISCAYNE BOULEVARD (See label 37).
------------------------------------------------------------------------------
Mayor Suarez: Item 20 is ready. I'm sorry, once again, Mr. Traurig, it looks
like we've got to complete the morning agenda.
Vice Mayor Plummer: Item what?
Mayor Suarez: Item 20. The Northeast Task Force. I guess you guys have a
built in guarantee of $176,000 in next year's budget.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: So, some funding will be available.
Vice Mayor Plummer: Well, wait a minute, are you going to make a
presentation?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Alonso: Yes.
Vice Mayor Plummer: I'll withdraw my motion.
Mayor Suarez: He said very quick. That sounds, you know...
Vice Mayor Plummer: You're finished.
Mr. Doug Broeker: Doug Broeker, 538 N.E. 55th Terrace, on behalf of the
Northeast Task Force. Good afternoon. I have with me Jan Grigsby of the
Northeast Task Force and the Edgewater neighborhood; David D'Anthony, of the
Magnolia Park neighborhood, also the Northeast Task Force and... Oh, great,
Carlos. Carlos Lima is here on behalf of Juan Crespi who had to be out of
town. And then we have David Wad of the Police Museum, in the area that's
affected, member of the Greater Biscayne Boulevard Chamber of Commerce. What
we have... first of all, I want to thank you for what you did for us on May
the 9th, and want to report to you that things are going very well so far.
We've had some very good meetings with the Fire Chief Duke and the Chief of
Police. We have some sweeps planned for zoning and for crime. So the
preliminaries to revitalization are on track and moving well. What we have
today is a request for a budgetary assessment, not this year, but in the 1992
and 1993 fiscal years. What we have is, we have a beautification project in a
target area that is a very strategic location. It's at the gateway of Miami
and Miami Beach, between 35th, 39th Street on Biscayne Boulevard. What we
have planned is we have replacement of some of the royal palms that are
missing and an installation of a brick motif wide sidewalks. This would be
compatible with the Burle Marx design, but we're not spending money on Mr.
Burle Marx, we're just trying to be compatible with the design that's going on
down the boulevard. What we want to put in is 20 royal palms that are 20 feet
high, shrubs, flowers, and built in irrigation. We're asking you for a
commitment of $250,000 in the 1992 and 1993 fiscal years. What we will do
with that money is use that as the City's commitment to go to the State of
Florida and make a highway beautification grant, matching grant, request. We
will also use this commitment by the City to go to others - businesses along
the boulevard - to get their assistance as well as try and approach the
federal government, if that's feasible in order to get support there, because
Biscayne Boulevard is U.S. 1, of course, federal road and overseen by the
State Department of Transportation.
Mayor Suarez: What is the southern tip of that thick area of beautification
there?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
143 July 25, 1991
Mayor Suarez: You're great at answering a question that I didn't ask. What
is the southern tip of... that's... what's from 36th...
Unidentified Speaker: Thirty-sixth Street in Edgewater.
Mayor Suarez: All the way up to?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: OK, all right. That gives me an idea.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: It is a great transition from the northern end of an area that
needs a lot of development to the southern end of the beginning of a rather
nice area up there, OK. I got you.
Mr. Broeker: Right. The reason this is a strategic location is because you
have it as the gateway between Miami and Miami Beach with the airport
expressway. This is a view looking south on the boulevard from approximately
39th Street. And it shows the overpass. Basically, what we're trying to do
is make this a nice entry way to everything that we have here in the
northeast. We have the Edgewater neighborhood. We have the Wynwood Community
Development Organization area here. DDA is down here trying to develop coming
up the boulevard. We have the Magnolia Park neighborhood, the Bay Point
neighborhood, the Brentwood neighborhood, the Design District, and we also
have the commercial area with the County National Bank Building - what used to
be the Triple A Building - Metropolitan Mortgage, Channel 10, Jewish
Federation, and then we have Barbara Gilman Art Gallery. We have the Police
Museum cultural center that's just been built, and then we also have numerous
vacant properties here. And so what we're trying to do is make a statement by
the City that the City is committed to this area by making it first look
nicer. We have some eateries that are here - Denny's, Domino's Pizza, Taco
Bell, McDonalds, as well as some hotels down here, Coco L'Orangerie, what not.
What we're trying to do is foster a pedestrian environment so that people are
brought out of these buildings, out of the Design District, to walk and use
shops and eat. We feel that this would... all right, we feel that this would
spur revitalization that we're looking for in the area. So, basically, the
mechanics are this. We're using the City's commitment in the form of two
resolutions as a prerequisite to make our application to the state. We're
asking you to resolve today, first, to commit $250,000 over the next two
fiscal years, 192 and 193. We will then apply to the State of Florida, work
with the Department of Public Works, to prepare an application to the State of
Florida for the highway beautification grant. And we would get that grant in.
The application deadline is the end of January of 1992. We hear on the
application in approximately June or July of 192. In fact, I noticed this
morning you were approving last year's application. So that's the timetable.
So the work wouldn't get started until approximately a year from now, and
would carry over into the following year. This is the first of about a five
phase project, but it's the major phase of the project. And what we are also
asking you to do today is to instruct Public Works and the Parks Department to
work with us in planning for future years, and at least installing the plants.
We aren't going to be able to put in the brick motif sidewalks and what not,
but we can at least... if we install the plants this year, then three years
from now, when we want to do everything else, instead of having to buy bigger
plants, we've already got them growing. And we've already started getting the
plant ambience aspect of this pedestrian environment in place.
Vice Mayor Plummer: Question.
Mr. Broeker: Yes.
Vice Mayor Plummer: That's U.S. 1.
Mr. Broeker: Yes.
Vice Mayor Plummer: Isn't that controlled by the feds?
Mr. Broeker: Well, it is... the feds have delegated authority for maintaining
U.S. 1 to the state, Florida Department...
Vice Mayor Plummer: No, but what I...
144 July 25, 1991
Mr. Broeker: ...Department of Transportation.
Vice Mayor Plummer: I so well remember Biscayne Boulevard and 5th Street.
And we went up with all kinds of beautiful plans and the next thing we know,
the feds are saying, hey, wait a minute. That's not a State project. It's
not a County project. It's a federal project. So, I'm saying is, has this
thing been approved by the United States Federal Government? Because it is
their street, their road. And they'll very quickly tell you yes or no. And
if you haven't... you know, you can get all the funds for it, but if they
don't agree to it, you're whistling out into the forest. So...
Mr. Broeker: Well, at a very basic level...
Vice Mayor Plummer: I don't know where the dedication is.
Mr. Broeker: ...what we're talking about is replacing some broken down
sidewalks. I don't think the federal government is going to do that.
Vice Mayor Plummer: But I don't know how far the dedication of the road goes.
Is it federal territory or not? I strongly urge you to find out. If that's a
hundred foot wide dedication, that might include the sidewalks. Even though
only 80 foot is improved. So, isn't this basically what I'm looking at the
median in the center?
Mr. Broeker: We11, the median in the center is not a project that we're
asking the City to fund. That's another project:..
Vice Mayor Plummer: OK. All I'm giving you is a word of caution.
Mr. Broeker: Right.
Vice Mayor Plummer: That U.S. 1 is a federal highway. You'd better have
concurrence of the federal government on anything that you anticipate doing,
especially if it's their property.
Mr. Broeker: OK. I appreciate that advice, and we'll definitely do that.
It's my understanding that they have given the responsibility over to Florida
Department of Transportation for this area of Biscayne Boulevard.
Vice Mayor Plummer: They've done that, fine.
Mr. Broeker: But, even if we were to go to the federal government and say,
you are responsible to help us, then it would be like the project closer to
Bayside, the Burle Marx project, where they'd be looking for some commitment
from the City as well. What we're asking you to do today, at the very
beginning of our planning process, is to do the financial planning that's
necessary to help get this started. And we think that it's justifiable
because we have an area that has tremendous potential to be a revitalized
commercial area. But at this point, it's fifty percent vacant. The sidewalks
are broken down, and there's virtually no pedestrian traffic except for an
occasional prostitute. And so what we're looking for is your commitment that
you're going to build into the 1992 and 1993 budgets, the amount necessary to
make a statement to the community and make a statement to anyone who is
interested in investing in the community that the City of Miami wants to
revitalize this area. And the way we're asking you to do that today is to
pass the resolutions that are required by the State of Florida. Grant highway
beautification grant applications of one, to fund the money and, two, to
maintain the project once it's put in. Now, the maintenance of this is fairly
simple. We're talking about native shrubs, flowers, and royal palms. We
would build in an irrigation system at a very low cost. That would irrigate
it for the first two years. After the first two years, it would be able to
sustain itself just on the average rainfall that we receive.
Vice Mayor Plummer: Xavier, Xavier. Get the royal palms from Caile Ocho.
Mr. Broeker: Yes.
Mayor Suarez: Yes, as a matter of fact.
Vice Mayor Plummer: Hey, hey...
145 July 25, 1991
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Mr. Broeker: We11, believe me, we made the calls and tried to get them.
Vice Mayor Plummer: From Calle Ocho?
Mr. Broeker: Yes, but they wouldn't give them to us. So...
Mayor Suarez: Well, they told me they would.
Mr. Broeker: Yes.... All right.
Mayor Suarez: They wanted the strip to be renamed, you know, Calle Ocho East
or North or something, other than that, you know.
Mr. Broeker: Well, if we could foster that kind of revitalization on this
neck of the woods, we'd be happy to do it.
Mayor Suarez: All right.
Mr. Broeker: Maybe we could name it Calle Biscayne.
Mayor Suarez: Anything further, Doug?
Mr. Broeker: The last thing that I need is some... just discussion from you,
some help. We want to put a mosaic on the overpass that's on 36th Street,
because at this point, it's a very dusty, dingy concrete environment that
people - pedestrians aren't invited to walk through it. And there's graffiti
there, but, basically, you have concrete... there's a bus stop.
Mayor Suarez: That's a great idea. Any time you have an overpass over a well
traveled city street like that to have some artistry on the overpass like
that.
Mr. Broeker: We'd be looking for a lighter color, so it would lighten it up a
little bit, a design, be eye catching, and soothe people a little bit. And,
third, a mosaic is easier to keep clean in terms of the bus fumes that you get
because there's a bus stop underneath.
Mayor Suarez: Yes.
Mr. Broeker: I just put that as a fourth discussion item. I'm wondering if
you have any ideas as to how we might pursue implementation of that.
Vice Mayor Plummer: I'll tell you, at night if they don't do any more than
light it up more than what it is presently, it would be a big help.
Mr. Broeker: Yes.
Vice Mayor Plummer: Because you got a lot of muggings going on under there.
Mr. Broeker: I'm not sure how we would implement that, but...
Vice Mayor Plummer: Well, I think that it would be well within this
Commission's purview to send a resolution to the State of Florida, Department
of Transportation, informing them that it is dark, and if nothing more, that
we would like more light underneath that underpass and any other improvements
for beautification they might make. But at least the lighting.
Mayor Suarez: And materials that reflect light. Maybe that gets in the tiles
or the mosaics, whatever it is you want to put there.
Mr. Broeker: As we put the grant application together, perhaps we'll come
back and ask for that kind of a resolution.
Vice Mayor Plummer: No, how about right now?
Mr. Broeker: OK, all right.
Vice Mayor Plummer: Mr. Mayor, I move...
Mayor Suarez: So moved.
146 July 25. 1991
Vice Mayor Plummer: I move that we petition in a resolution to the Department
of Transportation for the State of Florida. I so move.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Some materials may be donated by companies that want
to highlight their stuff they make or countries that, you know, want to
highlight the stuff that is made in their particular countries. Call the
roll.
Mr. Broeker: OK.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-589
A RESOLUTION PETITIONING THE FLORIDA DEPARTMENT OF
TRANSPORTATION TO INSTALL LIGHTS AND TO MAKE OTHER
IMPROVEMENTS FOR BEAUTIFICATION IN THE AREA UNDER THE
ROADWAY OF INTERSTATE I-395 AT ITS INTERSECTION WITH
BISCAYNE BOULEVARD (US 1) IN THE CITY OF MIAMI,
FLORIDA; DIRECTING THE CITY CLERK TO SEND A COPY OF
THIS RESOLUTION TO THE DIRECTOR OF THE FLORIDA
DEPARTMENT OF TRANSPORTATION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Broeker: OK.
Mayor Suarez: OK, as to the motion - and, Chief, do you want us to have a
resolution passed on the two year funding?
Mr. Broeker: Right. Authorizing $250,000 in City funding, during 1992 and
1993.
Mayor Suarez: Is it a fair statement to say this comes under the definition
of CDBG (Community Development Block Grant) economic development? Do we have
any...
Vice Mayor Plummer: That's what he's asking.
Mayor Suarez: It seems like it would.
Mr. Sergio Rodriguez: It could be, but general fund, we..."no hay dinero."
This is not from City Manager. It could...
Mayor Suarez: Those... assuming CDBG funding were available and as stated
before by Commissioner Dawkins, this is not a matter of competing against any
others. This is like earmarked from day one of the very next budget. The
next budget would begin July 1 of 1992. Does that give you enough time to
pick up on what the resolution otherwise states as far as the State of
Florida's needs?
Mr. Broeker: Well, that's when we would need the money. We wouldn't need it
before...
147
July 25, 1991
Mayor Suarez: The state has that kind of a budget year as it happens. Theirs
Is July to July. Ours is September, but the specific funding that we're
thinking about, CDBG, is July fiscal year, as it happens. And this year is
wiped out. We just allocated everything, but beginning July 1, 1992, we'd
probably... well, we would, if this resolution passed, allocate money for it.
Commissioner De Yurre: Are we talking about the two -fifty now?
Mr. Broeker: That's right.
Mayor Suarez: Well, it maybe one twenty-five and one twenty-five...
Commissioner De Yurre: Well, they need it by fiscal year 192, '92-'93. They
need the full amount.
Mr. Broeker: Right, in 192, ninety...
Mayor Suarez: All right, then, it would have to be the full amount by that
time.
Commissioner Alonso: Then July is fine.
Mayor Suarez: Yes, it doesn't seem like it's a problem. It's just more
money. OK?
Commissioner De Yurre: Just another seventy-four thousand.
Mayor Suarez: Assuming we get the hundred and seventy-six back. I mean,
assuming that we're able to provide the hundred and seventy-six. OK.
Commissioner De Yurre: Well, it's already understood that that money is going
to be made available to them, right?
Vice Mayor Plummer: That's mandated.
Mayor Suarez: That's mandated.
Commissioner De Yurre: That's right.
and then they're off and running.
Mr. Broeker: OK.
So we just need an extra seventy-four,
Commissioner Dawkins: No, no, no, no.... Hold it, hold it.
Commissioner De Yurre: Which one?
Commissioner Alonso: No, that... two different things.
Commissioner Dawkins: That hundred and seventy-six is for that. That has
nothing to do with that.
Vice Mayor Plummer: That's for that project.
Commissioner Dawkins: That's for that project.
Mayor Suarez: It's a housing project.
Mr. Broeker: Yes.
Commissioner Dawkins: That has nothing to do with that.
Vice Mayor Plummer: Well, just so there's no misunderstanding. Since he
could not be definitive where that project was, that whatever that project is
and wherever it is intended to go, must be approved by this Commission or no
funding.
Commissioner Dawkins: Oh, yes. Oh, yes.
Mr. Broeker: Right. OK, let me clarify that particular point.
148
July 25, 1991
............. _ _ __
Commissioner Dawkins: Well, that has nothing to do with this. For see, this
right here...
Commissioner De Yurre: Not that one, the other one.
Commissioner Dawkins: ...J.L. Plummer, that one...
Commissioner De Yurre: That one.
Vice Mayor Plummer: Well, they're making another motion now.
Commissioner Dawkins: You got that one, OK, but that other one over there,
that's Key... what is it?
Commissioner De Yurre: Bay Point.
Commissioner Dawkins: Bay Point.
Mr. Broeker: Right. Yes, the Bay Point...
Commissioner Alonso: So they need two -fifty.
Mr. Broeker: ...forty-four hundred proposal is something that we wouldn't
look to the City to do. We would look...
Commissioner Dawkins: So you want a hundred and twenty-five each year for
this.
Mr. Broeker: That's right, a hundred and twenty... We estimate a hundred and
twenty-five in 1992, and a hundred and twenty-five in 1993. Now, whether it
would be the first six months of 1993 and have to be all in that one year, I
think that's probably more like it.
Commissioner Alonso: So, what they want is a commitment from us at this time
that they are going to get that money, two hundred and fifty.
Mayor Suarez: I can't imagine us not doing it because that's the, you know,
the kind of commitment that we envisioned when we formed you, and the kind of
commitment that the area needs, and that has not received over the years.
Commissioner De Yurre: Well, let's make a motion to that effect.
Commissioner Alonso: Let's make a motion.
Commissioner De Yurre: A hundred and twenty-five for fiscal year 192-193, and
then the balance 193-194, which you'll use at the tail end of 193.
Commissioner Alonso: Is that the way it's...
Mr. Broeker: OK, I think that would do it.
Vice Mayor Plummer: You're walking in asking for two fifty, walking out with
four and a quarter. Don't tell anybody.
Mr. Broeker: OK, right.
Commissioner Alonso: Two different projects.
Mr. Broeker: OK. I think that would work.
Mayor Suarez: All right, on that understanding, it's... the prior motion
already incorporated because we already moved the money for this project here.
Vice Mayor Plummer: Move it.
Commissioner De Yurre: Second, that's it.
Joel Maxwell, Esq.: Mr. Mayor...
Mayor Suarez: I'm pointing to the one that is a housing project. Yes.
149 July 25, 1991
Mr. Maxwell: Mr. Mayor, if you would. If you can restate what the entire
motion is for the resolution purposes, please.
Vice Mayor Plummer: Motion is that we give to the Northeast Improvement
Association - whatever the title is...
Mr. Broeker: Northeast Task Force.
Vice Mayor Plummer: Task Force, out of the CDBG money in 1992-93, a hundred
and twenty-five thousand allocation. And in 193-194, we give them a hundred
and twenty-five thousand dollar allocation, and I think that's all you need
unless you need to incorporate the $176,000 in 1991-92 - or 192-193 budget -
for the project of housing.
Mr. Broeker: I think the clarification needs to be that the one twenty-five
for 192-93 and 193-94 is for the Biscayne Boulevard beautification project.
Mayor Suarez: Yes, and it... Right, and it's not really to the Task Force...
Mr. Broeker: Right.
Mayor Suarez: ...it's to the project.
Commissioner Alonso: To the project.
Mr. Broeker: The City is going to administer it.
Mayor Suarez: I think the City, basically, is in charge of it. It's a City
project.
Mr. Broeker: Right.
Vice Mayor Plummer: CBDG.
Commissioner Dawkins: You know, how much is it in total, J.L.?
Vice Mayor Plummer: Well, it would be two fifty plus one seventy-five is what
they're walking...
Commissioner Dawkins: All right, now, I want this money to be placed in
interest bearing account, and let the interest go to them just like we send
the interest to everybody else.
Vice Mayor Plummer: As the money goes into the account.
Mayor Suarez: As the money pours into the funds, it will be part of the
motion that it will have its own interest bearing account, and that interest
will stay with the fund for...
Mr. Broeker: OK, and that...
Vice Mayor Plummer: Now, let's have an understanding so there's no
misunderstanding.
Mayor Suarez: I'm not sure that's going to be all that much period of time
that the money is going to be there, but...
Vice Mayor Plummer: OK, I need to know who's going to be in charge. I need
to know how you're going to go out and get these services. Are you doing
it... are we bounding them by competitive bidding?
Mayor Suarez: We're doing it. It's our project.
Commissioner Alonso: It's a City project.
Mayor Suarez: It's a City project, it's us.
Mr. Broeker: We're going to work through Jim Kay in the Department of Public
Works.
Mayor Suarez: It's us guys.
150 July 25, 1991
Vice Mayor Plummer: OK, so they're going to be doing all of the work and they
will be responsible for the money.
Mr. Broeker: Right.
Vice Mayor Plummer: The audit that's done will be done in-house by...
Mr. Broeker: Dr. Prieto-Portar, his department, Jim Kay.
Vice Mayor Plummer: OK.
Commissioner De Yurre: Well, are they going to be supervisory assistance, you
know, from our department that we can help them in the process and oversee it.
Vice Mayor Plummer: All right. I just...
Mayor Suarez: And that doesn't take away from the great involvement that
you're putting into it, and the time that you're spending in design and
planning and everything... as long as you don't send us a bill for it
afterwards, you know. All right. And the volunteer...
Mr. Broeker: My partners wish I could.
Commissioner Alonso: Call the roll.
Mayor Suarez: Legal, you're an attorney, so...
Mr. Broeker: My partners only wish.
Vice Mayor Plummer: Call the roll.
Commissioner Alonso: OK. Call the roll.
Mr. Broeker: My partners only wish I could.
Mayor Suarez: Right. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-590
A RESOLUTION ALLOCATING A TOTAL OF TWO HUNDRED FIFTY
THOUSAND DOLLARS ($250,000.00) FROM COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS TO BE USED EXCLUSIVELY
IN SUPPORT OF THE BISCAYNE BEAUTIFICATION PROJECT OF
THE NORTHEAST TASK FORCE TO BE DISBURSED IN TWO ANNUAL
PAYMENTS OF ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS
($125,000.00), WITH THE FIRST PAYMENT BEING MADE IN
FISCAL YEAR 1992-1993 AND THE SECOND TO BE MADE IN
FISCAL YEAR 1993-1994.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: That's it?
Commissioner Alonso: That's it.
151 July 25, 1991
}
Mr. Broeker: You also need a resolution authorizing maintenance of the
project.
Mayor Suarez: I think that's built in. You can tell the state that once we
do something that is in our jurisdiction, we have to maintain it. I don't
know any other way around it.
Commissioner Alonso: They will make us.
Mayor Suarez: Do we need a resolution that says that?
Commissioner Alonso: We have no choice.
Mr. Maxwell: Mr. Mayor. If the state's agreement is the same as the matching
agreements - agreements that were in your packet today - the agreements will
provide for maintenance and so forth. So that's something that will be
addressed.
Mayor Suarez: OK, it's understood that we'll provide for maintenance.
Commissioner Alonso: They make us do it.
Mr. Broeker: OK. Then the last thing, I'm just asking you to instruct Public
Works and Parks to work with us in planning and installing palms to the north
and to the south of this target area, without all the additional sidewalks and
what not at this time. Just so that they get growing at the same rate of the
other project.
Mayor Suarez: OK, do we need a motion on that?
Commissioner Alonso: Do we need a motion?
Mayor Suarez: All right.
Mr. Rodriguez: Take care of that.
Commissioner Dawkins: Hold it, hold it, hold it. Dr. Prieto...
Mayor Suarez: Dr. Prieto is what they're talking about.
Commissioner Dawkins: If we plant trees without a sidewalk, people run into
the trees, who's liable?
Dr. Luis Prieto: We're liable, sir.
Mr. Broeker: Let me clarify. There's already a sidewalk. There's already
curbing. What is happened as the...
Vice Mayor Plummer: No, that's a bad... wait, wait, wait. That's a bad
statement, Doctor. If we're negligent, we're liable. Because they run into a
tree doesn't mean we're liable. Please.
Commissioner Dawkins: If he was drunk and run into it, you're liable. You
sold him the liquor.
Vice Mayor Plummer: You know, if they can prove negligence that we made the
tree run out in the middle in the front of them.
Mr. Prieto: True.
Vice Mayor Plummer: But don't make a blank statement that if they run into a
tree, we're liable. I mean, this man ought to be jumping out of his chair.
Mayor Suarez: The old legal argument, the tree ran into my car.
Mr. Prieto: What I should say is, we are responsible for the public right-of-
way.
Commissioner Dawkins: OK, thank you.
Mayor Suarez: All right.
152 July 25, 1991
r
Vice Mayor Plummer: Thank you. Geeeez!
Commissioner Alonso: Both were right, it depends on the attorney.
Mayor Suarez: We don't need a vote on that, so it sounds like you have the
cooperation of Public Works.
Mr. Broeker: OK, great. Thank you very much.
Mayor Suarez: Thank you, and congratulations for the effort you've put into
it.
Mr. Broeker: Thanks for your support.
42. GRANT FUNDING REQUEST ($10,000) BY THE BAKEHOUSE ART COMPLEX, CONTINGENT
UPON SAID GROUP OBTAINING MATCHING SUM ON A THREE -TO -ONE BASIS.
Vice Mayor Plummer: Mr. Mayor.
Mayor Suarez: Yes?
Vice Mayor Plummer: Before you go out of regular Commission into zoning, may
I bring before this Commission's attention that we made a commitment to the
Bakehouse on...
Mayor Suarez: Why not? You've had about 20 extraordinary items in one day,
why not make it 21.
Vice Mayor Plummer: OK. We made a commitment to them of not to exceed
$10,000 if they could go out and match it on a 3-to-1 basis. They have done
so according to motion 90-616. They have provided us with proof of the
$30,000 that they have as matching, and I move at this time that the monies be
paid to the Bakehouse in compliance with Resolution 90-616. I so move.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-591
A RESOLUTION GRANTING THE REQUEST RECEIVED FROM
REPRESENTATIVES OF THE BAKEHOUSE ART COMPLEX FOR A
CASH CONTRIBUTION OF $10,000; ALSO ALLOCATING AN
AMOUNT NOT TO EXCEED $10,000 FROM FUNDS APPROPRIATED
FROM GENERAL FUND, FISCAL YEAR 1990-1991 TO THE
BAKEHOUSE ART COMPLEX.
(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.
153 July 25, 1991
Aqk
[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.]
43. SECOND READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND USE MAP - CHANGE
LAND USE DESIGNATION AT 2557 - 2613 S.W. 1 STREET FROM DUPLEX RESIDENTIAL
TO RESTRICTED COMMERCIAL (Owner / Applicant: Cruz & Cruz / William
Randle). (See label 44).
Mayor Suarez: Yes, PZ-1, Bob. Madam City Clerk, would you remind me to swear
in all people who are going to testify on either side of every item. And,
Guillermo, you might do that every once in a while too. Anybody.
Mr. Guillermo Olmedillo: Yes, sir.
Mayor Suarez: Thank you.
Mr. Olmedillo: PZ-1 and PZ-2 are companion items, Mr. Mayor and
Commissioners. PZ-1 is the plan amendment. PZ-2 is the zoning change, and
this is for property located at 2557-2613 S.W. 1st Street. It was approved on
first reading. The second item has a covenant attached to it. It is a
voluntary covenant and we would suggest that the Commission ask of the
applicant, counsel for the applicant, to state those conditions on the record
so that he can be clarified.
Mayor Suarez: OK. Does anyone wish to be heard on this item?
Vice Mayor Plummer: Isn't this the Randle property and the Cruz property?
Commissioner Alonso: Yes.
Mr. Olmedillo: Randle Eastern and Cruz and Cruz property, yes, sir.
Mayor Suarez: OK, we still have... sir, why don't you stand up and anyone
else that's going to be heard on this item including the applicant. You're
not in agreement, so we're going to be... have an adversarial situation here?
Mr. Tom Heid: Well, there have been some last minute changes that I'm not
aware of.
Vice Mayor Plummer: No, no.
Mayor Suarez: OK. So we can clarify those, let's get you sworn in.
Mr. Heid: I mean, she presented me with a draft...
Mayor Suarez: Right, it may be that you'll be in agreement. But, in the
meantime, why don't we swear you in and counselor and anyone that will be
testifying, just in case.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mayor Suarez: OK, so what... you expect, anticipate that with the covenants
and agreements and everything will be...
Mr. Olmedillo: The conditions that were suggested and were proffered by the
applicant on the first reading would take care of some of the concerns that we
had about infiltration traffic, traffic infiltration.
Mayor Suarez: Does that mean that you recommend it or...
154 July 25, 1991
9
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Vice Mayor Plummer: Has there been changes in the covenant?
Joel Maxwell, Esq.: Mr. Mayor, Commissioners, what happened was, there was
some disagreement between the applicant and the Law Department as to what was
proffered on first reading. And, I believe now, that the first thing in order
is to clarify exactly what Mr. Traurig had proffered at that time. And the
Commission can make a determination as to whether or not that's acceptable.
And I think the main question involved the nature of the bond which in an
amount of $10,000 and whether or not that was supposed to be in place now or
at the time of acceptance, and also a question involving parking arrangements.
So those are the two things that need to be addressed, are involved in the
covenant.
Mayor Suarez: Counselor, enlighten us as to what, if anything, is not agreed
upon or is otherwise confusing and needs to be addressed.
Robert Traurig, Esq.: They're primarily a couple of issues. One is the bond,
as Joel just indicated. The City's position is that we have to post a bond
now to assure that we will keep the graffiti off the wall. Our position is,
the wall is already there. We have kept the graffiti off the wall. We should
have an obligation in the event the graffiti is not kept off and the City
advises us of such, that we then have to post a bond to assure that it will be
kept off in the future. So the issue is, when do we post the bond?
Obviously, if we post a bond, you have to pay a premium every year, and it
would be reasonable, I think, to require a bond,if we were not in compliance.
The City's position is that the bond is there to assure that we will be in
compliance. So we would like you to consider a requirement that we post the
bond in the event we permit the walls to have graffiti. We have, over the
years, not had graffiti on the walls and we don't think that it's necessary to
have a bond right now. It's not generally required that the bond be posted in
advance. The second was the use limitations. We provided, and in the
testimony before this Commission initially when you passed this on first
reading, we said that we would have parking underneath the building. The word
that we used... we said that we would have parking under the building and the
City has added the word "exclusively." Nothing except parking. We would like
to say "primarily." And the reason for it is we may need to have a storage
shed that would provide for some equipment that would be stored there. And it
wouldn't be only parking, but there may be 100, 200, 300 square feet of this
entire area that could be used for other purposes. For example, if we only
deleted two parking spaces, that would be 300 square feet approximately. We
think that...
Vice Mayor Plummer: Out of how many spaces?
Mr. Traurig: How many spaces were there altogether? We're just talking about
under the building itself. My guess is, it would be about thirty or so
parking spaces under the building. So those are the two significant issues.
There was one other issue, and that was on inspection and enforcement. Ours
required the City to give us reasonable notice to go on our premises. The
City wanted to delete the notice requirement, and have the right to do it at
any time. It's not really a significant item, but we call it to your
attention as being one of those three items that we discussed, you know, with
the City staff. Those are the only issues that have recently emerged. And
they emerged as a result of our having submitted the covenant to the City and
gotten its responses just within the last ten days, and by the time we could
confer with the client, who was out of town, and then get back to the City,
that's why it came to this 11th hour that this has not been resolved.
Mayor Suarez: Just so we know what the concerns are. Sir, do you want to put
into the record your concerns?
Mr. Heid: Yes.
Mayor Suarez: Maybe yours have been resolved, maybe not. And we'll know what
else 1s pending for us to do here. Name and address, please.
Mr. Tom Heid: Name is Tom Heid, address, 2512 S.W. 1st Street. I have no
problem at all with the bond issue. I have no problem with the City
inspection issue. I do have a problem with the parking issue. Because if
you'll recall, that was one of the main issues. There's not enough parking
space there presently for the ambulances and/or the employees of Randle
Eastern. Just to refresh your memory very briefly, they park along both sides
of S.W. 1st Street. And also...
155
July 25, 1991
L-I'
Mayor Suarez: But the number of parking spaces is not an issue any more, is
it?
Mr. Neid: Definitely, it's an issue. If they're going to change it, and not
use the space for parking exclusively, as Mr. Traurig has suggested, that's my
only issue at this point.
Mayor Suarez: All right, let me just ask the question, because all of this
seems so academic except for one aspect of it, and nobody seems to be able to
highlight for us what is really at stake. If the $10,000 bond, one point or
another, related to graffiti, doesn't seem like it's going to change the
course of mankind. The notice requirement for coming into the premises, they
seem to be willing to be flexible on that. What about parking? Are we saying
here that there's a difference between what we think should be imposed by way
of a parking requirement of what they're going to provide? Why are you
deferring to him? You're the zoning person.
Mr. Olmedillo: At the first reading...
Mr. Sergio Rodriguez: Of this ordinance.
Mayor Suarez: Yes. We don't want to rehash this whole thing, Guillermo.
This is the third or fourth time we have this item. Can somebody bring us up
to speed quickly as to what we said about parking? We had a whole discussion.
We had neighbors, we had all of our concerns about parking. We went through
the issue of cars parked outside, etcetera. We presumably came to some...
Mr. Olmedillo: Right, from...
Mayor Suarez: ...sensible agreement or requirement in our vote.
Mr. Olmedillo: From the reading...
Mayor Suarez: What was it? And is it being changed?
Mr. Olmedillo: From the reading of the minutes, it seems to show that it was
exclusively for parking, only parking. Now...
Mayor Suarez: Wasn't it a matter of how many units of parking? -how many
spaces? Didn't we count them?
Mr. Olmedillo: It depends on the size of the building. At this point, it
depends on the size of the building, because if they are talking about a
future project, future projects may be of any size that it can be contained
within the site. And parking is going to be one of the issues. We just
wanted to bring it before you to clarify it. If you agree that it should be
exclusively parking, that's fine. If you see that there should be other
activities besides parking, that is fine also. It's just to clarify the
covenant conditions.
Mr. Traurig: Mr. Mayor, we don't intend to have any offices down there. We
don't intend to have any economic use of the property. But if drivers come in
and they have some equipment, we'd like to be able to put it in the storage
area...
Vice Mayor Plummer: Bob. Bob, just for the record, OK? Record stands clear.
I'll read it to you.
"Vice Mayor Plummer: Basically, the covenant which they surrender
must contain the following for approval. Number one, that any
restructure that is built on the property has to afford the
complete first floor, ground level, as parking."
Now, you know, you might argue that you need 300 square feet down there, but
as far as the record is concerned, it is very, very obvious what the record
was.
Mr. Traurig: Well, may we ask you to reconsider what you indicated was the
mandate at first reading, and permit us to have 500 square feet of storage and
no more...
Mr. Olmedillo: Five hundred?
156 July 25, 1991
Mr. Traurig: ...or some reasonable number.
Vice Mayor Plummer: Well, I think it would be more in line to go along the
line that says that you will provide no less than "X" number of parking
spaces. And if you want, I think that from what you have said, and what he
has worried about, that if you provide a minimum of 30 parking spaces, that
you be allowed to put 500 square feet of structure for storage. Now, you
don't know yet what you're building is going to be and neither do we.
Mayor Suarez: Does that resolve it? This very common sensical proposal that
we guarantee the 30 parking spaces and allow 500 square feet for storage?
Does that resolve it?
Mr. Olmedillo: Certainly.
Mayor Suarez: So why didn't you guys say that?
Mr. Rodriguez: Because what it was being proposed originally on the record,
is different than what you have before you. And we believed that we had to
reflect in the covenant.
Mayor Suarez: Because they want to put 500 feet of, square feet, of storage?
Mr. Rodriguez: Suddenly, yes. That is a complete departure from what it was
before.
Mayor Suarez: Is that consequential to the life and history of that area of
Miami that they have 500 feet of storage there?
Mr. Rodriguez: But it is different than what they put on the record.
Vice Mayor Plummer: No, but, Mr. Mayor, in compliance with the demand of this
Commission, they were just abiding by that. That's all.
Mayor Suarez: Everything's different.
color of the paint, for God's sake.
Mr. Rodriguez: Well...
I mean, there could be changes in the
Mayor Suarez: All right, sir, does that solve your concerns? -if it is
specified how many parking spaces, and specified how much maximum they can use
for storage?
Mr. Heid: In all due respects, Mr. Mayor, this was what was read in and voted
on...
Mayor Suarez: Need you closer to the mike.
Mr. Heid: I'm sorry. And voted on, and now now we're going back and
proposing to change it. As I stated just a few moments ago, with the present
building that's there, which is only a one story building - with the exception
of an old two story building on the back of one of the lots - there is not
sufficient parking at the present time.
Mayor Suarez: Oh, certainly agree with that.
Mr. Heid: And if you put another building there, and then add... plus an
extra building for storage or whatever they want it for, it's going to make
the condition even worse than it presently is. And it's not what was voted on
previously.
Vice Mayor Plummer: Well, that's not what they're asking. They're not asking
for another building. They're allowing...
Mr. Heid: Well, they're asking for - excuse me - they're asking to be able to
designate an area not for parking exclusively, as I understand it.
Vice Mayor Plummer: Well, what they're asking for that under the structure,
that they be allowed to put in a shed area, a storage area, for 500 feet. Not
a separate building.
157 July 25, 1991
Mr. Heid: Well, all right. Whether it's a separate building or not, it still
takes away from the parking area.
Vice Mayor Plummer: No question about that.
}
Mr. Heid: And, like I say, the situation now is almost intolerable. We went
along with it because this was one of the main problems, if you recall,
because they agreed to eliminate the ambulance traffic from their property
line east on S.W. 1st Street. So we said, OK, well, we'll go along with that,
you know, and suffer the parking of the employees in the driveways and in
addition to that, you can't put the trash out in the street for the City to
pick it up because they're parked bumper to bumper on both sides of the
street, and the City can't pick up the trash. So, there's definitely a need
for more parking space than is presently there.
i
Mr. Traurig: May I just call your attention...
Vice Mayor Plummer: Isn't primarily the whole yard going to be parking space
except for the building which will be on a second floor?
Mr. Traurig: Yes, sir. And 500 feet is the equivalent of three parking
spaces. And 350 feet would be like two parking spaces.
Vice Mayor Plummer: Two and -a -half.
Mr. Traurig: Just so we can put it into perspective.
Vice Mayor Plummer: Well, you know, it's almost... you know, Bob, the problem
is, you don't know how big the building is going to be at this point. So you
don't know whether you're going to have ten parking spaces or thirty
underneath of that. And that's the catch 22.
Mr. Traurig: But, the area that isn't used underneath the building is going
to be.... If the building is smaller, and we have less parking underneath the
building, then we're going to have more parking outside that line.
Vice Mayor Plumper: Well, the department just made a comment. What about if
we made it that you comply with the requirements of the code of parking. Once
you comply with the code, then if you do comply, you can put 500 square feet
more for a storage shed.
Mr. Traurig: That sounds very reasonable.
Vice Mayor Plummer: OK.
Mr. Traurig: Thank you.
Mayor Suarez: I thought that's what we were doing.
Vice Mayor Plummer: What we were trying to do.
Mr. Heid: Well, as I understand it, not knowing what the structure is going
to be, we don't know at this point how much...
Vice Mayor Plummer: One space per 300 square feet.
Mr. Heid: OK.
Mr. Olmedillo: That is correct.
Mr. Heid: Now, let me ask, just to clarify this. Does that include spaces
for ambulances?
Mr. Olmedillo: It includes everything.
Mr. Heid: Well, ambulances take up a lot more space than a car.
Vice Mayor Plummer: Well, not a ten by twenty.
Mr. Olmedillo: We have eight and -a -half by eighteen spaces.
Mayor Suarez: You certainly can't put the compact car type...
158 July 25, 1991
Mr. Olmedillo: No, we don't have compact spaces 1n the City any more. We
just have the one size.
Vice Mayor Plummer: But how long is an ambulance? I drove them for years,
but I don't remember.
Mayor Suarez: The new ambulances are just taller. I don't think that they're
any longer and wider than a fairly large...
Vice Mayor Plummer: Is it more than 18 feet? Well, they're no wider, that I
can tell you.
Mayor Suarez: I don't think they're any longer either.
Mr. Heid: They're a lot wider than most vehicles that I've seen.
Vice Mayor Plummer: How long are... If they're using...
Mayor Suarez: Does the ambulance fit in the space proposed by the City and
required by the City or not?
Mr. Olmedillo: Yes, yes, sir.
Mayor Suarez: All right.
Vice Mayor Plummer: Well, primarily what they're using today is a van type of
ambulance.
Mayor Suarez: That's what I'm talking about.
Vice Mayor Plummer: So it's...
Mr. Heid: Well, they have vans. Then, they have these medi-cars that much
wider than the average van.
Vice Mayor Plummer: Oh, the medi-car. Now, that's a dif...
Mayor Suarez: No. Medi-cars, the old medi-car issue.
Mr. Heid: Well, what ever they call them.
Vice Mayor Plummer: EMS.
Mr. Heid: I've seen them there coming down the street.
Mr. Tony Randle: The bigger are the type III's,.you're right.
Commissioner Alonso: But most of them are vans.
Mr. Heid: Well, type III's, I don't know what the type is.
Mayor Suarez: What do you do about the bigger, wider medi-cars? Do they fit
into a standard City of Miami parking...
Mr. Heid: I can tell you that, they will not.
Mayor Suarez: Well, but the thing is, you don't work for us.
Mr. Heid: Oh, I'm sorry, I didn't know. He told me to speak.
Mayor Suarez: Do they? -or do they not? The medi-cars. Now, we're into
medi-cars here.
Mr. Olmedillo: Eight and -a -half by eleven. Remember that these people don't
need any room to operate or swing doors or anything. They just need to stack
them side by side. So, it would fit.
Vice Mayor Plummer: Well, let me offer this for the record. Anything on the
road has to be under eight feet. Unless you go to an extra wide permit.
Mr. Randle: Width, right.
159 July 25, 1991
Vice Mayor Plummer: So anything has to be under eight feet and if they're
eight and -a -half feet, then obviously, the answer is, they'll fit.
Mayor Suarez: That gives you... You know, that gives you 3 inches on either
side, right?
Vice Mayor Plummer: More or less.
Mr. Randle: Respectfully, the...
Mayor Suarez: That's not bad. You could...
Vice Mayor Plummer: Mas o menos.
Mayor Suarez: What's that guy in the cartoons that has no...
Vice Mayor Plummer: Plastic Man.
Mayor Suarez: Right. That has no dimensions. You know, he can squeeze in
and out of there.
Mr. Randle: Respectfully, the ambulances, both types, will fit in the parking
spaces. And as far as what will be parked physically underneath the building,
I don't have a crystal ball. I don't know what will be parked where. But,
the intent has not changed in the least from what our original agreement was
in the covenant. I mean, I think you're reasonable with your 500 square feet
and the rest will be parking spaces.
Mayor Suarez: I love the way you say you don't have a crystal bail. As if
you didn't know exactly what you're going to put on there. You don't have a
crystal ball. You just... you do have a crystal ball, you're just not sharing
it with us. All right, what guarantees do we have then built in, Vice Mayor
Plummer, in your proposal that...
Vice Mayor Plummer: Mr. Mayor, my proposal would be that they have to meet
the minimum, and if they do meet the minimum requirement of parking required
by Code, that they be allowed to put in 500 square feet of storage space
underneath of the building.
Mayor Suarez: No more than 500 square feet of storage space.
Vice Mayor Plummer: That's correct.
Mayor Suarez: And no other use.
Vice Mayor Plummer: That's correct.
Mr. Heid: That's conditioned upon the fact that they do...
Vice Mayor Plummer: Meet Code.
Mr. Heid: ...meet the minimum Code.
Vice Mayor Plummer: That is correct, sir.
Mr. Heid: I don't think they meet the minimum Code now.
Vice Mayor Plummer: Then they don't get the storage... Not now, no, sir.
This is on a rebuilding. If they don't meet minimum Code, they don't get
their storage.
Mr. Heid: All right, well, I'll go along with that too.
Mayor Suarez: And there's also a minimum total number of spaces for this
whole...
Vice Mayor Plummer: Based on the square footage. They don't know what the
square footage is.
Mayor Suarez: There's also a minimum, isn't there? Isn't there a minimum
number of spaces that we talked about? Didn't you say 30 spaces?
160 July 25, 1991
Mr. 01medillo: There was, at the first hearing, there were like 30 spaces as
a minimum to be provided.
Mayor Suarez: Isn't that still the minimum?
Mr. Olmedillo: Well, it depends on the size of the building again.
Vice Mayor Plummer: Well, how big is the building?
Mr. Olmedillo: The building is...
Mayor Suarez: There is no minimum. All right, we're going to a proportion of
the square footage in parking spaces with 500 feet not to be considered
because those could be used for storage. Is that a rough statement of what
we're doing?
Mr. Olmedillo: That is fine, and that will be one of the conditions of the
covenant that the applicant has to submit to the City.
Mr. Maxwell: Have we resolved the... was the bond issue resolved to the
Commission's satisfaction? -and inspection?
Mayor Suarez: I'm not going to lose any sleep over it, but, you know, I mean,
I haven't heard from other Commissioners on it. I do like the idea of being
able to go in without notice, and it doesn't sound like you're too concerned
about that.
Vice Mayor Plummer: Hey, Bob, let's...
Mr. Traurig: We agree to that.
Mayor Suarez: Yes, we're reasonable on that.
Vice Mayor Plummer: Bob, let's be reasonable. OK?
Mr. Traurig: Yes.
Vice Mayor Plummer: Let's cut the bond in half and put it up today. How much
can a $5,000 bond cost you? A hundred dollars?
Mayor Suarez: Between a quarter... I mean, between a half a point and one
point. That's not much money.
Vice Mayor Plummer: Put it up for five years. Come on, guys, you're peanuts-
ing the...
Mr. Heid: I have no objection to the bond.... It's up to you people.
Mr. Randle: Our problem with the bond is that...
Vice Mayor Plummer: Forget about the bond.
Mr. Randle: OK.
Vice Mayor Plummer: He's not worried about it. We're not going to worry
about it. If there's graffiti on that wall, and you don't take it off within
48 hours, I'm coming looking for you.
Mr. Randle: No problem.
Vice Mayor Plummer: OK?
Mayor Suarez: Just don't call it a bond. Please, don't call it a bond if
it's not up...
Mr. Traurig: And we agree with regard to the inspections.
Mayor Suarez: ...before the incident happens that's supposed to call it into
existence.
Vice Mayor Plummer: What? Yes, do away with the bond.
161 July 25, 1991
Mayor Suarez: Call it some sort of a guarantee or a promise or just don't
call it a bond, because it's not a bond. I mean, I never heard of a bond that
doesn't have to be posted until the incident.
Vice Mayor Plummer: If you don't paint that damn wail, you won't be in an
ambulance, you'll be in the ME wagon, so don't worry about it.
Mr. Maxwell: Inspection will...
Mayor Suarez: I've got... When I do a summer presentation
to your summer
clerks, Bob, I've got to tell them about the time that you
convinced us to
allow you to have a bond that you don't have to post up. That's
going
to be a
classic in the law. All right.
Vice Mayor Plummer: Well, Mr. Mayor, this is only come about
because
Bob has
now moved up in the world as president of the chamber.
Mayor Suarez: All right, the president of the chamber, we
believe
that he
will be good on the $10,000. Yes?
Mr. Maxwell: All right, so that removes the bond requirement. The
issue of
inspection, I thought we had an agreement on inspection,
but Mr.
Traurig
brought it back up.
Mayor Suarez: We just do now, we do.
there without notice.
Mr. Rodriguez: Of course.
Mr. Maxwell: Thank you.
Mayor Suarez: Thank you. Sir.
We have an agreement that we'll go in
Mr. Heid: There's just one other item that I'd like to clarify. And that is,
in the initial covenant, it stated that the C-1 restriction authorized
automotive repair. And that was stipulated and that's what was voted upon by
the Commission.
Vice Mayor Plummer: Is that in the covenant?
Mr. Heid: I understand now that under the C-1 commercial zoning regulations,
that automotive repairing is not allowed, and it came to my attention because
I see at the revision of the initial covenant...'
Mayor Suarez: Is this an issue to anybody, or...
Mr. Heid: Initial covenant that it was thought to be. And I'd like just to
make sure that it is not allowed under the designation.
Mayor Suarez: All right, is this a issue to anybody? Can we just get this
resolved?
Mr. Olmedillo: No, C-1 does not contain automotive repair as one of the uses.
Therefore, it shouldn't be an issue.
Mayor Suarez: Anymore - won't happen. Clarified, thank you.
Mr. Heid: OK, thank you..
Mayor Suarez: All right. J.L., you want to put that in the form of a motion?
Vice Mayor Plummer: Fine. So move.
Mayor Suarez: So moved on second reading with the modifications that are in
the record. I think they're clearly understood. We have a second?
Commissioner Alonso: Second.
Mr. Maxwell: Yes, Mr...
Mayor Suarez: Seconded.
162 July 25, 1991
a� r
Mr. Maxwell: Before the vote, Mr. Mayor, point of information. Miss Fraga is
here representing Cruz, the other property owner.
Mayor Suarez: Counselor, do you have anything else you want to add? Do we
need anything from her?
Mr. Maxwell: I would like her to just place on the record the fact that
she... her clients have indicated that the mortgagees will join...
Mayor Suarez: In the covenant?
Mr. Maxwell: They will join as mortgagees in the covenant.
Mayor Suarez: All right.
Adelaide Fernandez-Fraga, Esq.: Yes, that is correct.
Mayor Suarez: OK.
Mr. Maxwell: Thank you.
Mayor Suarez: Anything further? If not, please read the ordinance. Call the
roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2001, FOR
PROPERTY LOCATED AT APPROXIMATELY 2557-2613 SOUTHWEST
1ST STREET, MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN), BY CHANGING THE DESIGNATION OF THE
SUBJECT PROPERTY FROM DUPLEX RESIDENTIAL TO RESTRICTED
COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE CITY
CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO AFFECTED
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 February 28,
1991, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Alonso, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10902.
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.
Mr. Traurig: Thank you.
163 July 25, 1991
44. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED SECOND READING
ORDINANCE AMENDING 11000 ATLAS AT 2557-2613 S.W. 1 STREET FROM R-2 TO C-1
(See labels 43 and 46).
i
-----------------------------------------------------------_-__-__--_----_----
Mayor Suarez: PZ-2 is a related item. I'll entertain a motion on it.
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: It was no... there was...
Commissioner De Yurre: Wasn't there... I think there was supposed to be a
voluntary donation.
Mayor Suarez: Was there a contribution to any one of our funds in this?
Commissioner De Yurre: J.L., are you, you know... You got it.
Vice Mayor Plummer: Was that the hundred thousand we were looking for?
Commissioner De Yurre: Don't slip now.
Vice Mayor Plummer: No, I don't recall, to be honest with you.
Commissioner De Yurre: Oh, yes. Because I just heard about a $5,000
donation.
Vice Mayor Plummer: Oh, I'm sure that that would be in order.
Robert Traurig, Esq.: We agree to that.
Mayor Suarez: OK.
Commissioner De Yurre: You got five, but I heard...
Mr. Traurig: No, no, we agreed for the two properties combined, the $5,000.
Vice Mayor Plummer: Combined?
Commissioner De Yurre: Combined? That's not what I heard. Uh uh.
Mr. Traurig: That's what I said. I don't know what you heard.
Vice Mayor Plummer: Would... Did you ask the attorney for Cruz and Cruz?
Commissioner De Yurre: She said... I was walking down the hallway, and she
goes, hey, I got a $5,000 donation. I said, great! But, you know...
A. Fernandez-Fraga, Esq.: We had agreed $5,000 for the entire application.
Vice Mayor Plummer: Your application?
Ms. Fraga: This is one application, Mr. Plummer.
Joe Maxwell, Esq.: She needs to identify herself too. Can you identify
yourself on the record, please.
Ms. Fraga: I'm sorry. Adelaida Fernandez-Fraga, the attorney for the
applicant, Cruz and Cruz.
Mayor Suarez: Folks, this is costing a lot of people $5,000 for every hour or
so that we delay now. We have an item here, it's related, we've discussed
this over three Commission meetings. I really think we ought to move on. We
have people waiting on other items.
164 July 25, 1991
Commissioner De Yurre: Well, we accept the five donation. What else can we
do? We're not going to turn it down, are we?
Mayor Suarez: Nope.
Vice Mayor Plummer: Well, we're not going to turn the five down.
Commissioner De Yurre: Hello darkness, my old friend....
Mayor Suarez: OK, on PZ-2, do we have a motion?
Commissioner Dawkins: We're not through PZ-1 yet.
Mayor Suarez: We voted on PZ-1.
Commissioner Dawkins: Well, then, defer PZ-2 then till it gets some
consideration on PZ-1.
Mr. Maxwell: These are companion items, Commissioner. You've already
approved the Comprehensive Plan.
Mayor Suarez: Well, on PZ-2 if I don't hear any motion on PZ-2, I'll move on
to PZ-3.
Vice Mayor Plummer: We can always come back to PZ-2.
Commissioner Dawkins: What is PZ-3?
AT THIS POINT, THIS ITEM WAS TABLED.
45. SECOND READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND USE MAP - CHANGE
LAND USE DESIGNATION AT 3560 MAIN HIGHWAY FROM RESTRICTED COMMERCIAL TO
SINGLE FAMILY RESIDENTIAL (Applicant: Planning, Building & Zoning Dept.)
------------------------------------------------------------------------------
Mayor Suarez: PZ-3.
Mr. Guillermo 0lmedillo: PZ-3 and PZ-4 are companion items. This is the
down -zoning actually of the Taurus property, David Hill's property, down in
the Grove - Main Highway. And this is the...
Mayor Suarez: Oh, this is what they had agreed to do and is there anyone here
that wishes to be heard on PZ-3? Let the record reflect no one stepped
forward. I'll entertain a motion on it.
Commissioner Alonso: So move.
Mayor Suarez: Down -zoning it to residential.
Mr. Olmedillo: One piece of information, Mr. Mayor.
Unidentified Speaker: Mr. Mayor...
Mayor Suarez: Wait, we're on a different item, sir.
Mr. Olmedillo: The vote on the Planning Advisory Board should be registered
7-0.
Mayor Suarez: Very good.
Mr. Olmedillo: It's erroneously listed 7-4.
Mayor Suarez: OK, on PZ-3 we have a motion by Commissioner Alonso. Do we
have a second?
Vice Mayor Plummer: Second.
165
July 25, 1991
ith
Mayor Suarez: Seconded. Any discussion?
Call the roil.
AN ORDINANCE -
If not, please read the ordinance.
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR
PROPERTY LOCATED AT APPROXIMATELY 3560 MAIN HIGHWAY,
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN),
BY CHANGING THE LAND USE DESIGNATION OF THE SUBJECT
PROPERTY FROM RESTRICTED COMMERCIAL TO SINGLE FAMILY
RESIDENTIAL; MAKING FINDINGS; INSTRUCTING THE CITY
CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO AFFECTED
AGENCIES; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
Passed on its first reading by title at the meeting of March 28, 1991,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Alonso, seconded by Commissioner Plummer, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner 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. 10903.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mayor Suarez: PZ-4.
Commissioner Alonso: Move.
46. (Continued Discussion) SECOND READING ORDINANCE: AMEND 11000 ATLAS -
CHANGE DESIGNATION AT 2557-2613 S.W. 1 STREET FROM R-2 TWO FAMILY
RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL, AND REMOVING THE SD-12 OVERLAY
DISTRICT (Owner / Applicant: Cruz & Cruz / William Randle) (See label
44).
Robert Traurig, Esq.: Mr. Mayor, back to PZ-2.
Vice Mayor Plummer: Mr. Traurig, I think, wanted to be heard from.
Mr. Traurig: Yes, I think that Commissioner De Yurre was very persuasive.
We'd like to increase that $5,000 to $7,500.
Mayor Suarez: All right.
Vice Mayor Plummer: I think they're getting there.
Mayor Suarez: I'll entertain a motion on PZ-2.
Mr. Sergio Rodriguez: By when?
Joel Maxwell, Esq.: And is that an even split?
Vice Mayor Plummer: By Monday.
166 July 25, 1991
Mr. Rodriguez: We need to know.
Mr. Maxwell: Miss Fraga needs to.
Mayor Suarez: Everybody wants to cross all the is and dot all the i's.
Mr. Traurig: The parties will work it out between themselves.
Mayor Suarez: They want to know by when. They want to know if it's an even
split.
Mr. Rodriguez: OK.
Mr. Traurig: Seventy-five hundred.
Mayor Suarez: That's great.
Commissioner De Yurre: By when? When is the donation coming in?
Mayor Suarez: Nobody helps us to solve the problem.
Mr. Traurig: Payment will be made within 30 days.
Mayor Suarez: OK, and presumably the two parties are equally responsible for
it, so we'll get it from one of the two or both.
Commissioner De Yurre: OK, wonderful. Thank you for the donation.
Mayor Suarez: Joint and equal... joint and several liability for something
that cannot be an obligation. Figure that out. That put that in the law
books.
Vice Mayor Plummer: The next time you give a seminar, please include it.
Mayor Suarez: Yes. PZ-2.
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved. Seconded by Commissioner Alonso. Any discussion? If
not, please read the ordinance.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD, BY TITLE ONLY.
Mr. Maxwell: Mr. Mayor, I believe Miss Fraga should indicate on the record
that her client has agreed to the payment of funds. Mr. Traurig can't speak
for her client.
Mr. Traurig: Woula you acknowledge that your client is obligated for the
payment of those funds and that the covenant will be amended accordingly.
Adelaide Fernandez-Fraga, Esq.: Yes, they will and space will be filled in
appropriately.
Mayor Suarez: OK. Call the roll.
167 July 25, 1991
6a
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FROM R-2 TWO FAMILY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL, REMOVING THE SD-12 OVERLAY
DISTRICT FOR THE PROPERTY LOCATED AT 2557 SOUTHWEST 1
STREET AND 2613 SOUTHWEST 1 STREET, MIAMI, FLORIDA,
ALSO DESCRIBED AS LOTS 16, 17 LESS THE SOUTH 1' AND
LOT 18, LESS THE EAST 1' AND SOUTH 1' OF BLOCK 1,
CENTRAL PARK, AS RECORDED IN PLAT BOOK 5, AT PAGE 57,
OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AND BY
MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 34 OF
SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of February 28,
1991, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Alonso, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10904.
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: Did we do PZ-4?
Mr. Traurig: We thank you very much.
Mayor Suarez: PZ-4 is a companion item to...
Mr. Heid: May I... excuse me...
Mayor Suarez: Yes?
Mr. Heid: Before you vote, may I ask a question here? It's my understanding
that Mr. Traurig is representing only Randle Eastern.
Vice Mayor Plummer: That's correct.
Mr. Heid: And that Mrs. Fernandez-Fraga is representing Cruz and Cruz. Now,
they're also - we didn't get to this part - there are changes in the covenants
which were proffered by Mrs. Fernandez-Fraga...
Mayor Suarez: Did you look at those and...
Mr. Heid: ...that we haven't discussed.
Ms. Fernandez-Fraga: If I might. Just to be brief. There are two items that
he was concerned with in the covenant that I agreed to and he is concerned
that he wants it in the record. One of them is that vehicular access
limitation will also, on both covenants, prohibit pedestrian access onto 1st
Street because there will be a solid wall out on 1st Street.
Mayor Suarez: That's a good way to prevent pedestrians.
Ms. Fernandez-Fraga: The other question was the use of the building and I
agreed to language that that building, the duplex on lot 18, would only be
168 July 25, 1991
used for purposes ancillary to the clinic. And he wanted to make sure that
the public hearing that is required for an amendment carries due notice.
Mayor Suarez: And you've built that in?
Ms. Fernandez-Fraga: And I have agreed to those changes. Yes.
Mayor Suarez: OK.
Vice Mayor Plummer: Wait a minute. How come the Law Department didn't tell
us that there were two separate covenants with...
Mr. Maxwell: The City is not a party to that agreement, sir. That's
agreement between the property owners... that's right, the property owners and
the applicant.
Vice Mayor Plummer: That covenant is not registered with the City as part
running with the land?
Mr. Maxwell: Well, they record it.
Vice Mayor Plummer: But, no, no, no...
Mr. Maxwell: Well, we're not a party to that.
Vice Mayor Plummer: Why aren't we? That's what I'm asking.
Ms. Fernandez-Fraga: No...
Vice Mayor Plummer: If we're making Randle Eastern a party to this City
rezoning...
Ms. Fernandez-Fraga: Mayor Plummer, if I might...
Vice Mayor Plummer: ...their party of it. Why aren't they...
Ms. Fernandez-Fraga: If I might. The difference is that the covenant that we
had discussed with the Legal Department did not have any issues left
outstanding for the Commission to discuss, and, therefore, it did not come up
for discussion. The only items are voluntary items, and Mr. Heid brought to
my attention today and, therefore, I am proffering them to him voluntarily.
The Legal Department and the City Commission didn't want anything in addition.
Vice Mayor Plummer: OK, let me ask this question. Did they proffer to you a
covenant for Cruz and Cruz?
Mr. Maxwell: Yes, sir, they complied with all our terms.
Vice Mayor Plummer: Is that covenant running with the land?
Mr. Maxwell: Yes.
Vice Mayor Plummer: So what you're saying is, the changes are things that are
after the covenant between the two parties.
Mr. Maxwell: Yes, sir. What happened was, they...
Vice Mayor Plummer: Now, you understand...
Mr. Heid: No.
Vice Mayor Plummer: No, I want you to understand that those three items
you've agreed to, we cannot enforce.
Mr. Heid: Well...
Vice Mayor Plummer: OK? No, I want you to understand that.
Mr. Heid: What's the good of putting them in there then?
Mr. Maxwell: Hold it, hold it, hold it. Vice Mayor, what happened, I believe
Miss Fraga indicated that there is an enforcement clause in there. That
169 July 25, 1991
1
enforcement clause would give the property owners and the City of Miami the
' right to enforce the provisions of that. They voluntarily agreed that the
I City can enforce, but those are not requirements that you all, the Commission,
asked for. The applicant had acquiesced through a separate covenant to all of
our requirements.
Mayor Suarez: You may assume in the future that any agreements reached
between the property owners and the developer or owner, is ones that we also
wish to have reflected in a covenant, and that we also want to be able to
inform. Whatever gave you the reason we wouldn't?
Vice Mayor Plummer: Of course.
Mr. Heid: Well...
Mr. Maxwell: As I indicated before, the covenants do have provisions that say
- that the City can also enforce.
Mayor Suarez: All right, so it's all built into the covenants.
Mr. Maxwell: Yes, sir.
Commissioner Alonso: One question. One of the points that really stressed
while we were discussing the entire issue, it's one of the ones that he just
mentioned. And it is the wall that prohibits the access into the property. I
a was very concerned about that. Is that included in the....?
Mr. Maxwell: That was agreed to earlier by them.
a
Mr. Olmedillo: Yes, but they...
Mr. Maxwell: It was in the covenant already.
Commissioner Alonso: It is included.
Mr. Olmedillo: Commissioner, they're adding pedestrian access. Not only
vehicular access, which was the big concern because of the infiltration of
traffic. But now they're adding...
Commissioner Alonso: Well, if you have a wall, it's very difficult to go,
either a car or a person. If I have a wall, it's a wall.
Mr. Maxwell: No, Commissioner, the only thing that happened earlier, the
reason...
Commissioner Alonso: If they climb, that's another story.
Mr. Maxwell: The reason there was discussion on the first one with Mr.
Traurig, was because they did not agree that those provisions should be in
there. Ms. Fraga's client did not object, so it never became an issue before
you in the second reading. That's why you didn't hear about it today.
Mayor Suarez: You have managed to confuse this entire Commission...
Commissioner Alonso: He did.
Mayor Suarez: ... you have managed to confuse the gentleman, you have managed
to confuse everybody. Are we now unconfused, sir?
Mr. Heid: I think, if I may be able to simplify it.
Mayor Suarez: Anything you try at this point, will be helpful.
Mr. Heid: And I'll do it by...
Mayor Suarez: Because it seems like we are all in a hundred percent agreement
that everything is going to be in the covenant, that the covenants are going
to be with the land, that the City is going to be able to enforce them, and
that they are precisely the covenants that you w&nt and we want. But somehow,
we can't get anybody in our staff to say that.
170 July 25, 1991
Mr. Heid: Well, let me ask you this then, Mr. Mayor. Are these conditions
which Ms. Fernandez-Fraga just agreed to, going to be stipulated in the
covenant? - written.
Commissioner Alonso: Yes, they are.
Mayor Suarez: At the risk of repeating myself for the fifth time...
Mr. Maxwell: Yes.
Mayor Suarez: ... my understanding is, yes.
Mr. Heid: That's your understanding.
Mayor Suarez: Yes.
Mr. Heid: But what's the...?
Mayor Suarez: Everything that I say, is my understanding. God does not
reside here.
Mr. Heid: Well, does your understanding agree with the City Attorney's
understanding?
Mayor Suarez: I'm afraid to ask him because I am going to get a very
complicated answer.
Commissioner Alonso: He is saying, yes.
Mr. Maxwell: Yes.
Mayor Suarez: Thank you.
Mr. Heid: OK.
Mayor Suarez: For once, I got a simple answer.
Mr. Heid: OK.
Commissioner Alonso: Great.
Mayor Suarez: All right. You're satisfied? Go and don't sin anymore.
Vice Mayor Plummer: Mr. Mayor.
Mayor Suarez: Yes.
Vice Mayor Plummer: Would you include that in your next seminar please?
Mayor Suarez: Yes. I'm going to put that in too. The heavenly
interpretation of City Commission meetings. All right.
47. SECOND READING ORDINANCE: AMEND 11000 ATLAS - CHANGE DESIGNATION AT
3560 MAIN HIGHWAY FROM SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT TO
R-1 SINGLE FAMILY RESIDENTIAL (Applicant: Planning, Building & Zoning
Dept.) .
Mayor Suarez: PZ-4, did we ever vote on that Madam City Attorney? - Madam
City Clerk?
Commissioner Alonso: No. So, move.
Mayor Suarez: All right. It's a companion item, it's a down zoning. Moved
by Commissioner Alonso.
Vice Mayor Plummer: Second.
Mayor Suarez: Second. Any discussion? If not, please read the ordinance.
171 July 25, 1991
Vice Mayor Plummer: Motion understood? 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 3560 MAIN HIGHWAY, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN), FROM SD-2 COCONUT
GROVE CENTRAL COMMERCIAL DISTRICT TO R-1 SINGLE FAMILY
RESIDENTIAL; BY MAKING FINDINGS; AND BY MAKING ALL
NECESSARY CHANGES ON PAGE NO. 46 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 March 28, 1991,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Alonso, seconded by Vice Mayor Plummer, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10905.
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.
48. SECOND READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND USE MAP -
CHANGE LAND USE DESIGNATION AT 302-312 N.W. 9 AVENUE FROM MEDIUM DENSITY
MULTIFAMILY RESIDENTIAL TO MAJOR PUBLIC FACILITIES, TRANSPORTATION AND
UTILITIES (Applicant: Victoria Hospital).
Mr. Guillermo Olmedillo: PZ-5.
Vice Mayor Plummer: PZ-5. Let the record reflect that the Mayor is...
reclused himself from voting.
Mr. Olmedillo: PZ-5 and PZ-...
Vice Mayor Plummer: PZ-5 is Victoria Hospital.
Mr. 0lmedillo: PZ-6, companion items, Mr. Vice Mayor.
Commissioner Alonso: I so move.
Vice Mayor Plummer: PZ-6... 5 is moved by Alonso, seconded by Dawkins. Is
there anyone that wishes to speak to the issue of PZ-5? The public hearing is
closed. Is there any discussion among Commission members? Hearing none, call
the roll on PZ-5.
Mr. Maxwell: I need to read the ordinance, sir.
Vice Mayor Plummer: Read the ordinance.
AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD, BY TITLE ONLY.
172
July 25, 1991
g
Vice Mayor Plummer: May I inquire of the City Attorney?
-` Mr. Maxwell: Yes, sir.
Vice Mayor Plummer: By the changing of this classification, is there any way
that we are making them tax exempt?
Mr. Maxwell: No, sir. Our zoning and comprehensive planning designations
have nothing to do with that.
Vice Mayor Plummer: Well, when you talk about public facilities, is where the
word generated in my mind. - Public facilities. But you are saying that in no
way in your estimation, can this make them a tax exempt status?
Mr. Maxwell: No, sir. That comes under 501-C3, the federal tax bill.
Vice Mayor Plummer: OK, just asking. Thank you, sir. Any further
discussion? Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR
PROPERTY LOCATED AT APPROXIMATELY 302-312 NORTHWEST
9TH AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN), BY CHANGING THE LAND USE
DESIGNATION OF THE SUBJECT PROPERTY FROM MEDIUM
DENSITY MULTIFAMILY 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 January 24, 1991,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Alonso, seconded by Commissioner Dawkins, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
NOES: None.
ABSTAINED: Mayor Xavier L. Suarez.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10906.
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.
173 July 25, 1991
*1 f,
Ott
49. SECOND READING ORDINANCE: AMEND 11000 ATLAS - CHANGE DESIGNATION AT
302-312 N.W. 9 AVENUE FROM R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO
G/I GOVERNMENT AND INSTITUTIONAL (Applicant: Victoria Hospital).
Vice Mayor Plummer: PZ-6.
Commissioner Dawkins: Move it.
Commissioner Alonso: Second.
Vice Mayor Plummer: Moved by Dawkins, seconded by Alonso. Is there anyone in
the public that wishes to speak to the Victoria Hospital issue, PZ-6? Any
discussion among the Commission? Read the ordinance. Excuse me, let the
record reflect that the Mayor also, on this item, is reclusing himself from
voting. Motion understood? Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM DENSITY
RESIDENTIAL TO G/I GOVERNMENT AND INSTITUTIONAL FOR
PROPERTY LOCATED AT APPROXIMATELY 302-312 NORTHWEST
9TH AVENUE, MIAMI, FLORIDA, ALSO DESCRIBED AS THE
SOUTH 100' OF LOTS 19 AND 20, BLOCK F, RIVERVIEW, AS
RECORDED IN PLAT BOOK 5 AT PAGE 43 OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA; MAKING FINDINGS; AND
BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 35 OF
SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
Passed on its first reading by title at the meeting of January 24, 1991,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Dawkins, seconded by Commissioner Alonso, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
NOES: None.
ABSTAINED: Mayor Xavier L. Suarez.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10907.
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.
174
July 25, 1991
------------------------------------------------------------------------------
50. CLOSE, VACATE, ABANDON AND DISCONTINUE PUBLIC USE OF PORTIONS OF: (a)
N.W. 37 $ 38 STREETS LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF N.W.
19 AVENUE AND WEST OF THE WEST RIGHT-OF-WAY LINE OF N.W. 17 AVENUE; (b)
N.W. 18 AVENUE LYING SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF N.W. 39
STREET AND NORTH OF NORTH RIGHT-OF-WAY LINE OF N.W. 36 STREET; AND (c)
NORTH -SOUTH ALLEY IN BLOCK BOUNDED BY N.W. 38 AND 39 STREETS AND N.W. 18
AND 19 AVENUES (Tentative Plat No. 1386-A: Miami Jackson High School)
(See label 31).
------------------------------------------------------------------------------
Vice Mayor Plummer: Item 7. Someone representing the School Board? Sir,
before we discuss item 7, I understand that the School Board took up an issue
yesterday. Would you inform this commission of what they did at that meeting?
Mr. Michael Levine: Yes, sir. I am Mike Levine of Dade Public Schools. My
understanding is that at last night's board meeting, Superintendent Visideo,
made a report to the board referencing a meeting that I believe you had with
him. At which time, some discussion ensued concerning the Donn Building,
which is 100,000 square foot or so of facility very near the School Board
itself. The board has indicated a desire to negotiate a ten year lease with
the City of Miami, with five one-year options at a $1.00 per year with some
stipulations. All repairs to the building, including some major roof work and
so forth, would be done by the City, and if at all possible, there would be
some sharing of the parking that's adjacent to the building, at least, on a
short term basis, because of some pressing needs that we have. This item was
heard and has moved forward. The impetus for it I understand is, in the
spirit of intergovernmental cooperation to assist the City and indeed, all
citizens of Dade County, in the issue of the homeless in the City of Miami and
Dade County, and truly, the impetus behind this move by the board, is to aid
in that issue. And it's very possible too, that the terms and conditions of
the lease would indicate a use of the building that would be predicated
primarily in that one issue.
Vice Mayor Plummer: Thank you for that report, sir. Now you have an item
before us, do you?
Mr. Levine: Yes, sir, on Miami...
Vice Mayor Plummer: Is it item number 7?
Mr. Levine: Yes, sir, PZ-7.
Vice Mayor Plummer: Mr. Mayor, I move item 7.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Second. Any discussion? Anyone wish to be heard for or
against this item? Let the record reflect no one stepped forward. Call the
roll.
175 July 25, 1991
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-592
A RESOLUTION OFFICIALLY CLOSING, VACATING, ABANDONING
AND DISCONTINUING THE PUBLIC USE OF THOSE PORTIONS OF
NORTHWEST 37TH AND 38TH STREETS LYING EAST OF THE EAST
RIGHT-OF-WAY LINE OF NORTHWEST 19TH AVENUE AND WEST OF
THE WEST RIGHT-OF-WAY LINE OF NORTHWEST 17TH AVENUE;
THAT PORTION OF NORTHWEST 18TH AVENUE LYING SOUTH OF
THE SOUTH RIGHT-OF-WAY LINE OF NORTHWEST 39TH STREET
AND NORTH OF NORTH RIGHT-OF-WAY LINE OF NORTHWEST 36
STREET; ALSO THAT NORTH -SOUTH ALLEY LOCATED IN THE
BLOCK BOUNDED BY NORTHWEST 38TH AND 39TH STREETS AND
NORTHWEST 18TH AND 19TH AVENUES, MIAMI, FLORIDA;
SUBJECT TO AGREEMENT BY DADE COUNTY SCHOOL BOARD THAT
THE DADE COUNTY SCHOOL BOARD SHALL PAY ALL EXPENSES
RELATED TO THE SCHOOL RESOURCE OFFICER'S PROGRAM, SAID
CLOSURE, ABANDONMENT AND DISCONTINUANCE BEING A
CONDITION FOR THE APPROVAL OF TENTATIVE PLAT NO. 1386-
A "MIAMI JACKSON HIGH SCHOOL".
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Alonso: I'm delighted. Yes.
COMMENTS MADE AFTER ROLL CALL:
Vice Mayor Plummer: Thank you, sir.
Mr. Levine: Thank you.
Vice Mayor Plummer: It's nice to do business with you.
--------------------- --------------------------------------------------------
51. DIRECT MANAGER TO TAKE NECESSARY STEPS, INCLUDING THE SCHEDULING OF
PUBLIC HEARINGS, WHICH WILL RESULT IN VACATION AND CLOSURE OF ALL
STREETS AND ALLEYS WITHIN: AREA BETWEEN N.W. 67 AND 71 STREETS FROM
N.W. 10 AVENUE TO N.W. 12 AVENUE (AUTHORIZATION SUBJECT TO APPROVAL BY
DADE COUNTY SCHOOL BOARD, AS PROPERTY OWNER, TO CONVEY TO CITY PORTION
OF BOARD -OWNED PROPERTY COMPRISED OF 200' X 250' IN EAST HALF OF BLOCK
BETWEEN N.W. it AND 12 AVENUES FROM N.W. 66 TO 67 STREETS) (See label
31).
------------------------------------------------------------------------------
Commissioner Dawkins: Mr. Mayor, I've got a pocket item, companion with this.
Will Dr. Stinson and Dr. Munroe come to the mike? - and the other gentleman
can remain there. The School Board is planning to put a fifty-two million
dollar ($52,000,000) plant on the Northwestern High School site. In order to
do that, there is going to have to be some... also vacations. Sylvia, will
you put the other map up there and then move it up so that I can... move it
up. There we are. As you'll see, 69th Street, which runs from 12th Avenue to
loth Avenue is narrowed in there, it dead ends into 12th Avenue, and it dead
176 July 25, 1991
ends into loth Avenue. So, 69th Street should be vacated. And if you come
down to 67th Street, you will see that filth Avenue... go back to lath Avenue
in the middle of the center, it only runs from 67th to 68th Street. So, if we
vacated that, we would only vacate one block. Also, 68th Street only runs
from 11th Court to loth Court. And if we were to vacate lath Court and loth
Court, then the School Board would have a piece of property that went from
67th Street to 71st Street, from loth Avenue to 12th Avenue on which to put a
fifty-two million dollar plant. Now, I have also negotiated with the School
Board to give us - Sylvia, point to the left hand part down there - no, the
other part. That 2.2 acres - now, go over a little to the vacant part of it -
two point two acres... right under that - down, come down now, right there...
in exchange for the vacation of those streets on which to put scattered site
housing. Now, I'd like for Dr. Stinson, if he wanted to, to tell you that, we
knew that this was going to happen, and from day one, Dr. Stinson, Mr. Gore,
and the Principal Dr. Munroe, and I have been working on the problem. You are
aware that we stopped youth from going across the streets to eat because the
lunch wagons were selling more than food. We also restricted youths to the
campus in order to attempt to do something in the area. So, I would like to
pass a resolution instructing the Manager to sit down with the School Board...
and the resolution says, "a resolution authorizing and directing the City
Manager to commence taking necessary steps, including the scheduling of
required public hearings which will result in the vacation and closure of all
streets and alleys within the area described by the following boundaries. The
area lying between NW 67 and 71st Street, from NW loth Avenue to NW 12th
Avenue, with said authorization being subject to the approval of the Dade
County School Board which has acquired ownership of all properties within the
above area and also being subject to the willingness to the School Board to
convey to the City a certain portion of board owned property, comprised of
approximately 200 feet by 250 in
he east
tween
NW 11th and 12th Avenues f from NWtt1 66thStreet to NW 67th Street," and If of the block lying ewould
so move.
Vice Mayor Plummer: I would second, but I would ask one question. Do you
want to limit yourself to just what can be the property used for, or do you
want just the property to be conveyed to the City, and we will determine what
it can be used for?
Commissioner Dawkins: OK. That... well, I have faith and confidence in my
colleagues, but I would hope that in that area, building a fifty-two million
dollar plant, that we would not put anything around it but single family
homes. I would hate to have another one of the things like Mr. Pitts was
talking about putting up, J.L., - a concrete monster with multi units in it.
Vice Mayor Plummer: I have no problems with that. I am just asking the
question. Do you want to restrict our use of that property? For example, if
we wanted some day to turn it into a park, based on this restriction, there is
only one thing you can use it for. I am saying, do you want to make it in the
broader terms that we accept the property for public use? - rather than
stipulation that it must be this and nothing else, and if the day ever came,
we couldn't do it.
Commissioner Dawkins: It's up to the rest of the Commission, but I am...
Vice Mayor Plummer: Well, I'm asking.
Commissioner Dawkins: I do... being from that area and knowing what can
happen, and that somebody else can come along any minute and do something else
with it, I would prefer... and since we are in the affordable housing
business, I would...
Vice Mayor Plummer: You negotiate it.
Commissioner Dawkins: ... love for us to attempt to put affordable housing
there.
Vice Mayor Plummer: Second the motion.
Mayor Suarez: All right. Moved and second. Doctor?
Dr. Solomon C. Stinson: Before you take your vote, Mayor Suarez, Vice Mayor,
and Commissioners, I do want to inform the Commissioners here that the Board
has not taken an action, Mr. Dawkins, on what you are proposing, as they did
177 July 25, 1991
in the case of the Donn Building. And before you take that vote, I want to
make it perfectly clear for the record, that what you are proposing is your
privilege, but there has been no action on the part of the School Board
regarding this.
Commissioner Dawkins: OK.
Vice Mayor Plummer: It says, subject to.
Commissioner Dawkins: Well, we understand that. And you and I, we all have
been through this, but I don't intend to go through with what I have gone
through with Jackson. And the School Board can tell me yes, we want this, or
no, we don't. And everybody will know, it will not be somebody saying that
Miller Dawkins don't want to close the schools for Jackson, or J.L. Plummer
don't want to close the streets for Northwestern. We are saying to the School
Board now, we realize that you need this area in which to build a fifty-two
million dollar plant, the City of Miami realize that you own this property,
and if it vacates these streets, it does nothing but enhance your property,
giving you more land with which to work with, but we in turn, seem to think we
should get something in return. And you can tell them that I have no problem
with accepting all the property that they bought west of loth Street.
Dr. Stinson: So noted.
Commissioner Dawkins: Thanks, sir. OK...
Mayor Suarez: By on a motion which is obviously subject to...
Commissioner Dawkins: The Manager, this is just a pass in principle. The
Manager has to get with the school's superintendent, Dr. Stinson, and Dr.
Munroe to even say he'll accept this. If he says he won't accept it, the
Manager will come back and say, hey, they don't want no part of it. But you
and I know, all of us know that this... if we're going to get this plant going
and put it up like we want it, this has to be done... how many units did they
buy up there from that...?
Dr. Stinson: I don't know the exact number of units. We bought them all.
Everything from approximately 11th Avenue to loth Avenue from roughly...
Commissioner Dawkins: That's the units, J.L. they used to call "Korea" out
there - those units behind Northwest, they bought... the School Board bought
all of those, and are pushing them down.
Vice Mayor Plummer: They got plenty of money.
Commissioner Dawkins: Nine point eight million.
Dr. Stinson: It's a total of thirteen acres that we purchased.
Commissioner Dawkins: Well, if they don't, let them know that we have no...
I, personally have no ill feelings, but don't come back down here - tell them.
OK?
Dr. Stinson: They may send me.
Commissioner Dawkins: Then you and I will have to meet with Mr. Gore and talk
about it. OK. Thanks Dr. Stinson, and Dr. Munroe.
Dr. Stinson: Thank you, very much.
Commissioner Dawkins: OK.
Vice Mayor Plummer: Call the roll.
Mayor Suarez: Call the roll on that motion.
n
178 July 25, 1991
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-593
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO COMMENCE TAKING NECESSARY STEPS, INCLUDING
THE SCHEDULING OF REQUIRED PUBLIC HEARINGS, WHICH WILL
RESULT IN THE VACATION AND CLOSURE OF ALL STREETS AND
ALLEYS WITHIN THE AREA DESCRIBED BY THE FOLLOWING
BOUNDARIES: THE AREA LYING BETWEEN NORTHWEST 67TH AND
71ST STREETS FROM NORTHWEST LOTH AVENUE TO NORTHWEST
12TH AVENUE, WITH SAID AUTHORIZATION BEING SUBJECT TO
THE APPROVAL OF THE DADE COUNTY SCHOOL BOARD WHICH HAS
ACQUIRED OWNERSHIP OF ALL PROPERTIES WITHIN THE ABOVE
AREA AND ALSO BEING SUBJECT TO THE WILLINGNESS OF THE
SCHOOL BOARD TO CONVEY TO THE CITY A CERTAIN PORTION
OF BOARD -OWNED PROPERTY COMPRISED OF APPROXIMATELY
200' X 250' IN THE EAST HALF OF THE BLOCK LYING
BETWEEN NORTHWEST 11TH AND 12TH AVENUES FROM NORTHWEST
66TH STREET TO NORTHWEST 67TH STREET.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
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
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
52. FIRST 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-8.
Mr. Olmedillo: Eight. PZ-8 is a rezoning of a piece of property... what
happened here, was that the zoning line was drawn on a lot line. However,
there is a house sitting on two lots, and...
Mayor Suarez: Is there anyone that wishes to oppose this item? Let the
record reflect no one stepped forward.
Vice Mayor Plummer: Move it.
Commissioner Alonso: Second.
Mayor Suarez: Is the applicant here, or is this being done by us? OK.
Commissioner Alonso: Yes. If not, the house will have to be cut in half.
Mayor Suarez: Moved and second. No, we don't want the house to have to be
cut.
Mr. 0lmedillo: Just get a saw.
Mayor Suarez: With a saw, or otherwise. Any discussion? if not, please read
the ordinance. Before you vote, are you here on this item?
Mr. Reggie Barker: No, I'm not.
179 July 25, 1991
Mayor Suarez: OK. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY CHANGING THE ZONING
CLASSIFICATION OF THE PROPERTY LOCATED AT
APPROXIMATELY 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.
Was introduced by Vice Mayor Plummer and seconded by Commissioner Alonso
and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
------------------------------------------------------------------------------
53. DISCUSS AND CONTINUE CONSIDERATION OF PROPOSED RESOLUTION TO TRANSMIT
APPLICATION FOR DEVELOPMENT APPROVAL TO SOUTH FLORIDA REGIONAL PLANNING
COUNCIL AND FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, FOR SUFFICIENCY
REVIEW, WHICH PLAN PROPOSES TO: (a) AMEND THE SOUTHEAST OVERTOWN / PARK
WEST MASTER DEVELOPMENT ORDER (FOR PERIOD 1988-2007); (b) AMEND THE
INCREMENT DEVELOPMENT ORDER (FOR PERIOD 1988-1994, EXTENDING BUILD -OUT
DATE TO 1997); AND (c) ADOPT INCREMENT II DEVELOPMENT ORDER (FOR PERIOD
1992-1999, ADVANCING COMMENCEMENT OF INCREMENT II TO 1992) - DIRECT
ADMINISTRATION TO WORK WITH REGINALD BARKER (Continued to September
26th).
------------------------------------------------------------------------------
Mayor Suarez: PZ-9.
Mr. Reggie Barker: I'm here for PZ-9. My name is Reggie Barker. I am the
DRI (Development of Regional Impact) project manager retained on a
professional services agreement to prepare the increment or phase II,
application for development approval for Southeast Overtown/Park West.
Mayor Suarez: Does the witness retained by the City have to be, or an agency
of the City have to be sworn in? OK. Thank God, All right, Reggie.
Mr. Barker: OK. Our transportation and air quality consultant is Keith &
Schnars PA, the Keith & Schnars project manager is Basil Williams. The ADA
(application for development approval) must be transmitted to the Florida
Department of Community Affairs, and also the South Florida Regional Planning
Council for their review and comment. The application contains a proposed
development program that reassigns the convention land use to the commercial
and attractions land use categories. The master development order further...
Mayor Suarez: Whoa, whoa, whoa! Convention to commercial and attractions.
Mr. Barker: Yes.
Mayor Suarez: What in the heaven's name is a convention facility except
commercial and attraction? In fact, the two words are very fitting
descriptions of it.
180 July 25, 1991
E
Mr. Barker: The Convention Center is a convention use. The DRI at present,
lists five various land uses. The land uses included in it, are residential,
office, commercial, hotel, and convention. Those are the five land uses. In
the downtown DRI, there are approximately eleven or so land uses, and they
_ include the ones that I just mentioned plus the attraction land use,
j,
government institutional land use, and also several other uses.
Mayor Suarez: Does this change in a definition imply any substantive change, _
or not? - in our intended use.
Mr. Barker: No. The change is based on a trip generation. What our
consultants have done, they have taken a look at the trip generation that
would be caused by a convention facility and compare that to the trip
generation that would be attributable to a commercial use and also an
attraction's use.
Mayor Suarez: Yes, yes, yes. That's all very interesting and very technical,
but this is... any of this represent that we are changing our minds as to what
we want to do there and somehow, we're forgetting now about the, at least, the
hypothetical or the possibility of a convention facility there?
Mr. Sergio Rodriguez: Basically, remember we had like a bank account of
development credits. And this is...
Mayor Suarez: Yes. None of which makes any sense, but OK, that's what we
have.
Mr. Rodriguez: But that's the approach that we have to follow by law.
Mayor Suarez: Right. And are we changing the bank account? Does that mean
that we are also going to change, or we are going to finance with the bank
accounts in terms our desire no longer to build a convention facility in
Overtown/Park West?
Mr. Rodriguez: What he is saying with that, I believe, it that he is
increasing the number of other possible uses in the first increment, and then
in the second increment he is increasing the number... he is giving a range of
possible uses that you could have. And what you are doing today if you agree
with this, is basically transmitting it to DCA (Department of Community
Affairs) and the Regional Planning Council.
Mayor Suarez: Which has more trip counts? For example, commercial and
attraction, or a convention facility?
Mr. Barker: I would think a commercial attraction. We have our
transportation consultants here and they can give you a more precise response
to that.
Mayor Suarez: More experts? - no, no, no, no.
Mr. Barker: OK.
Mayor Suarez: All right. Maybe, I am the only one that... this does not
represent a planning change in our mind... in what we planned to do there?
Mr. Rodriguez: No.
Mayor Suarez: All right.
Vice Mayor Plummer: So you're transferring it from the first increment to the
second?
Mr. Barker: What we are doing is, we are reassigning the credits, the
development of credits that was associated to the convention land use, in both
increment one, and also, in increment two.
Vice Mayor Plummer: Transferring it to where?
Mayor Suarez: To a commercial and attractions.
181 July 25, 1991
Mr. Barker: Transferring it to commercial, and transferring it to
attractions.
Vice Mayor Plummer: So in other words, you are then, if you are transferring
it, you are eliminating it? - the convention?
Mayor Suarez: We're just adding more credits to other possibilities.
Vice Mayor Plummer: No, no, no. You can't add to the credits. That's the
problem. You have a...
Mayor Suarez: Well we are transferring - I mean...
Vice Mayor Plummer: But you are not transferring it to anywhere.
Mayor Suarez: You weren't about to, by the way, use up any of the credits in
any of those categories, were you?
Vice Mayor Plummer: Yes. Are you speaking of the downtown or the Overpark?
Mr. Barker: No. We are speaking of the Overtown/Park West DRI.
Vice Mayor Plummer: We've used us some of the credits I think, in the.. yes.
Mr. Barker: We've used up around about eight hundred and fifty-seven of the
residential land use credits, and around about eighteen thousand of the
commercial.
Mayor Suarez: OK. I misused the word when I said "used up" I meant exhaust.
We are not about to exhaust credits on any of those uses, are we?
Mr. Barker: Correct.
Mayor Suarez: All right.
Vice Mayor Plummer: Yes, but my question is, if you are transferring the
convention credits from increment one and two, from convention to commercial,
you are in effect, eliminating convention.
Mr. Barker: You're correct.
Vice Mayor Plummer: And what you're saying, what you asked before was, bye
bye, that's out the window. And I don't think that's what we want to do.
Mayor Suarez: Why do we need to do that?
Mr. Barker: OK. We have several reasons...
Vice Mayor Plummer: You need more commercial credits. That's what I tried to
tell you when you implemented this thing in the beginning.
Mayor Suarez: But we don't, because he is saying that we are no where near
exhausting - commercial, residential, or anything.
Mr. Barker: OK. We have several reasons for desiring to reassign the
convention land use credits. The first one is 'the market analysis completed
by Laventhol & Horwath in 1987 for the historic village. The Overtown
Historic Village suggested forty thousand square feet of commercial space be
developed as a part of the village. The present development program does not
contain enough capacity to support that. The next reason is, with the
Sawyer's Walk proposal that was recently submitted to the City Commission, it
is requiring an additional four hundred and sixty thousand square feet of
commercial space. We do not have enough capacity to meet that development
program. The next reason that we are proposing to reassign this space is
because the City has committed, or spent, more than twelve million dollars for
improvements at the Coconut Grove Exhibition Center, and also at the Knight
Center, so we feel that at this particular time is unlikely that a convention
center will be developed in Overtown/Park West with City funds. It might be
developed with private funds, but not with City funds.
Mayor Suarez: But either way, the DRI applies. The DRI ceilings on credits
apply, whether it's private or public, right?
182 July 25, 1991
i
j
i
Mr. Barker: Right.
yi Vice Mayor Plummer: When does this second increment end?
Mr. Barker: The second increment would end in 1999.
a; Vice Mayor Plummer: So, what you are saying is, if you vote favorably on
this, that between now and 1999, you cannot have a convention or exhibition
facility in Park West Overtown?
Mayor Suarez: Or we have to make a change and reassign the credits back to
convention.
Vice Mayor Plummer: It isn't that easy.
Mayor Suarez: No? Did we not state that correctly? - the two of us?
Mr. Barker: We could make a reassignment. We could go from the attractions
and commercial land uses back to the convention.
Mayor Suarez: So, I just said.
Vice Mayor Plummer: But wait a minute. You're saying that we don't have
enough now, and that's why you are asking for it to be moved. You're going to
use it all up.
Mr. Barker: Well, if it's used, what we would have to do is, we would have to
maybe go to another land use category, say, for.instance, the office land use
category and reassign some of that space for the convention land...
Mayor Suarez: That's not being used very quickly there, is it? In fact, it's
not being used at all.
Mr. Barker: That's not being used at all. As a matter of fact, at this
point, we have a credit balance. We have not used any of the office land use.
Vice Mayor Plummer: I told you guys this day was coming.
Mayor Suarez: What day was coming?
Vice Mayor Plummer: Today. You know, we have... let me tell you...
Commissioner Alonso: Thank you, for telling us.
Mayor Suarez: We were pretty sure about that. We saw it on the calendar.
"Today is coming" and so is tomorrow. All right, but I see your concern.
Your concern is that we do this reassignment anticipating that that's what we
are going to build there in the next five years, beginning in 1994, which is
not even that close yet and...
Commissioner Alonso: It will come.
Mayor Suarez: Is that what you said, right?
Mr. Barker: Excuse me?
Mayor Suarez: The two increments end - the first one ends what? - 90...
Mr. Barker: The first increment would end in 1997. The second increment
would begin in 1992 and end in 1999. The third increment would begin...
Mayor Suarez: Or, these are like overlapping increments?
Mr. Barker: Yes.
Vice Mayor Plummer: Yes.
Mayor Suarez: That's beautiful. That confuses us even more.
Vice Mayor Plummer: Yes.
183 July 25, 1991
Mayor Suarez: OK. Overlapping increments for credits for all kinds of things
that we are not sure are going to happen. Well, I'm not going to lose any
sleep over it, but I'll tell you, I agree with Vice Mayor Plummer that if this
signifies any change in direction away from the hope of having a convention
facility in that area, we've not made a policy decision to that effect. As
such, it is... it would be a wrong signal to send.
Vice Mayor Plummer: I would move, Mr. Mayor, at this time that this matter be
moved over until September. Let's give some more thought to it.
Mayor Suarez: Does that create a problem for you?
Mr. Barker: Well...
Vice Mayor Plummer: Nobody has been around...
Mayor Suarez: It doesn't take away from your consulting contracts, certainly,
right?
Mr. Barker: It doesn't take away from my consulting contract, but it poses a
problem in that in filing this incremental application in this particular
time, the Regional Planning Council has agreed to review these proposed
changes under one filing fee - the one thirty-five thousand dollar filing fee.
If we make...
Mayor Suarez: Ohhhhh, government pays to other government to look over its
documents. Yes, this is great. What a great system we've got.
Mr. Barker: If we decide to wait and to make this change at some later time,
we will possibly have to go back to them and pay an additional thirty-five
thousand dollars ($35,000). So what we are trying to do, is to take advantage
of this particular window...
Mayor Suarez: We'll take it off J.L. Plummer's salary, which means he won't
get paid for the next seven years.
Vice Mayor Plummer: Seven years, yes.
Mayor Suarez: Assuming he is here... assuming that he doesn't die before now
and then.
Vice Mayor Plummer: How long have you known this?
Mr. Barker: How... have I known what aspect of this?
Vice Mayor Plummer: That this window was open.
Mr. Barker: We were in pre -application in January of 1991.
Vice Mayor Plummer: That was seven months ago.
Mr. Barker: I'll like to add...
Vice Mayor Plummer: Has anybody come and asked this Commission about a change
of policy prior to today? I mean, you've had seven months now, you've known
it. Now has anybody come to this... anyone of these Commissioners and said,
hey, here is a change of policy, may we have your opinion? Or have you come
here today and say, if you don't do this, you're going to be wasting money. I
don't understand that.
Mr. Barker: We have presented this proposed development program to the
Overtown Advisory Board.
Vice Mayor Plummer: Excuse me. They don't vote, we do.
Mr. Barker: I know.
Vice Mayor Plummer: Has anybody proposed here to us? - the ones who where the
buck stops - and said, hey, we think a change of policy, what is your opinion?
Nobody has been around to my office.
184 July 25, 1991
Mr. Barker: You're right, Commissioner Plummer. If we do not exhaust the
reassigned credits that are reassigned to the commercial and attraction land's
use, they can go back to the convention's land use. At this particular
time...
Mayor Suarez: By what process? Do we have to go through the South Florida
Regional Planning Council again for that?
Mr. Barker: Not at that particular time.
Mayor Suarez: No? How come we have to go through it now to assign and not
then, to reassign?
Mr. Barker: We don't have to go through it now to reassign. What we are
doing is, we are filing for our increment two application as we would normally
do according to the master development order. But what we are doing, for
their informational purposes, is going on and showing them this change now.
They are not approving or disapproving the change. They are just receiving
it. It's just a part of the proposed development program. The change will be
made when the City Commission... typically the reassignment would occur the
same way it has been done with the downtown DRI. The City Commission would
make a finding that there is no substantial deviation from the master
development order and that would be transmitted to the regional planning
council and also DCA for their concurrence.
Mayor Suarez: Their concurrence. Not with a thirty-five thousand dollars
filing fee? That only comes when you file, what?
Mr. Barker: That only comes when you file an incremental application.
Mayor Suarez: An incremental application. Wowl
Mr. Barker: Now, we are filing...
Mayor Suarez: Well, if I could blame you having put together that entire
system, that certainly would be in order right now, but you didn't design it.
Neither did our planning people.
Vice Mayor Plummer: And you're saying that if we put this off until September
meeting, that it's going to cost us more money?
Mr. Barker: No, I can't say that it's gotten... what I can tell you is this.
If you put it off, we must respond back to the Regional Planning Council
within one year of the pre -application conference. The pre -application
conference was held in January of 191, so that means we have until December to
file the incremental application.
Vice Mayor Plummer: Well, we've got until December. Or, OK. I'll move that
this matter be transferred over, and that these parties come and speak to all
of the Commissioners and make it clear, and we move this over to September
11th.
Mayor Suarez: OK. So moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Did we hit on the most crucial aspect of this by any
chance? Or, did...?
Mr. Barker: Cathy Sweetapple of Keith and Schnars would like to address the
Commission.
Mayor Suarez: But, wait, keep it in mind that we are just about to defer
action on it.
Ms. Cathy Sweetapple: I just wanted to clarify a couple points. My name is
Cathy Sweetapple with Keith and Schnars. We did the traffic analysis. As far
as your questions on, did anyone come and talk to you about the program, we
basically were given the program and told, you know, run as fast as you can,
do your traffic analysis, we need to get this submitted.
Vice Mayor Plummer: By who?
185 July 25, 1991
Ms. Sweetapple: By the project team that was designated from the City.
Vice Mayor Plummer: Maybe then, what we need to do is to beat them in the
head, that we vote, and we set the policy.
} Ms. Sweetapple: Well, I understand that. But, let me just clarify some
issues. All right, the overall issues...
Vice Mayor Plummer: They obviously didn't.
1
Mayor Suarez: If you want to be contracted again in the future by us, don't
go into all of that.
Ms. Sweetapple: But no, let me just clarify some issues. You were given a
big huge development in trip bank when you did your master DRI.
Mayor Suarez: Trip bank.
Ms. Sweetapple: Trip. The planned use bank equating into the number of
trips - trip bank. The bottom line is that you don't lose any of those trips.
What was attempted to do in this second increment, is that there was some
reshuffling of what those land uses would be, but none of your trip bank was
taken away from you. And the bottom line is, when you go before the Regional
Planning Council, you want to prove that you don't have any additional impacts
on the road network. You also want to prove that if you change your mind
somewhere down the line, you're not also going to have an additional trip
impact. And that's the bottom line. The eight thousand seat attraction...
you can laugh, it's a funny thing... the eight thousand seat attraction...
Vice Mayor Plummer: No. What I am laughing about, you're obviously not
Latin.
Mayor Suarez: Would you relate that to...?
Vice Mayor Plummer: All right? Because instead, the Latins are not for sweet
apples, they're for sour oranges.
Ms. Sweetapple: Well. Let me just tell...
Mayor Suarez: ... really, to the powers that be, the South Florida Regional
Planning Council, Department of Community Affairs, the State legislature, the
governor, et cetera, that we find all of this quite humorous. I mean, even
the terminology is funny - trip banks. I mean, it seems like Plummer has got
a bigger trip bank than anybody around here, you know, I mean, he has been
around for twenty-one years, he must have built up his bank of trips.
Ms. Sweetapple: Well, bottom line, it goes into development approvals. But
your eight thousand seat attraction does not... I mean, if you wanted to stick
a convention center back in there, it's the same amount of traffic.
Mayor Suarez: It sounds like it's very similar, that's why my first question
is, was...
Ms. Sweetapple: It's very similar, and it was...
Mayor Suarez: ... the two uses that he says that they are being reassigned to
are extremely similar to the one from which they are being reassigned.
Ms. Sweetapple: Exactly.
Mayor Suarez: And the whole thing sounds very academic. We don't get any
money with any of this, do we?
Vice Mayor Plummer: You lose money.
Mr. Rodriguez: Could you...?
Ms. Sweetapple: Pardon?
Mayor Suarez: We don't get any money from any of this, do we?
186 July 25, 1991
1.
Ms. Barker: We11, you get money in the end when development takes place and
they pay in to the supplemental fee account that supports any improvements
that might be required as a result of the development.
' Vice Mayor Plummer: Impact fee.
Mr. Barker: And also through the impact fee ordinance too. There are two
fees that would operate in the area.
Mayor Suarez: Well, what's the other one? I know about the impact fee
account. What's the other account you were just talking about?
1 Mr. Barker: The supplemental fee... well, it's the supplemental fee ordinance
that was approved as a part of the Overtown/Park West DRI, and also as a part
of the downtown DRI.
Mayor Suarez: Where does that money come from?
Mr. Rodriguez: Developers.
Mr. Barker: That money comes from the developers.
Mr. Rodriguez: You table this and then...
Vice Mayor Plummer: Tabled until September. You've got until December.
Mayor Suarez: So we take it from the developers who then have a higher cost
of building so we can put it into a supplemental fee ordinance and then we can
get some money back out of it someday, we hope.
Ms. Sweetapple: Right.
Mayor Suarez: What a system!
Ms. Sweetapple: Basically, what you're doing is, you're...
Mayor Suarez: Do you believe in the whole thing?
earnest. Are you a transportation expert?
4s. Sweetapple: I am a transportation planner, yes.
iappening here is...
I mean, you sound very
But you see, what is
Mayor Suarez: What did you study to be a transportation planner?
Ms. Sweetapple: University of Miami.
Mayor Suarez: No, what did you study? - what field?
Ms. Sweetapple: What did I study? Planning, urban and regional planning and
transportation planning.
Mayor Suarez: You're one of these guys? Like Guillermo and Sergio?
Ms. Sweetapple: Pardon me?
Mayor Suarez: Like the two of them? You're planner? You're not an
architect, you're not an engineering, you're not...
Ms. Sweetapple: I'm not an architect. I'm a planner, a transportation
planner.
Mayor Suarez: A transportation planner.
Ms. Sweetapple: But let me explain. But what happens is, through this
process, development approvals... you know, a developer can walk in and say,
City of Miami, I would like to build a seventy-one thousand square foot
commercial shopping center, do you have any land in your downtown area for me?
And you can say, ohl well, we just happen to have a nice seventy-one thousand
square foot parcel. It's already approved for development, you just have to
pay your impact fees and you come in and go. That's the whole concept of the
DRI's. You get your development approvals and the whole emphasis here has
been to take that second step in your Southeast Overtown/Park West DRI and do
187
July 25, 1991
�r
the traffic analysis, do the air quality analysis, and meet the requirements
of the South Florida Regional Planning Council.
Mayor Suarez: Wait a minute. Air quality analysis?
Ms. Sweetapple: Air quality.
Mayor Suarez: Now we are in to EPA (Environmental Protection Agency).
Ms. Sweetapple: Air quality, meaning...
Mayor Suarez: I used to work for EPA. Tell me about the air quality in
Overtown/Park West.
Vice Mayor Plummer: It's bad.
Ms. Sweetapple: Well, there are two things that we are under contract to do.
The first is to monitor the air in this project area based on...
Mayor Suarez: You literally go out and take measurements?
Ms. Sweetapple: Yes. We go out, we have vans, we go out and take samples.
Mayor Suarez: Do you have an example? Can you tell me if it has been
improving in the last five years, or getting worse, or anything like... any
specifics?
Mr. Barker: Yes. As a part of your packet, there is the air quality.
Mayor Suarez: No, don't tell me what's in my packet. I don't have enough
time to read all that stuff. Has it been improving, or has it been getting
worse in Overtown/Park West? - the air quality?
Mr. Barker: The air is fine. We are not exceeding state or federal standards
as far as air quality is concerned.
Mayor Suarez: All right, it's fine. We are not going to die, but has it been
improving or has it been getting worse?
Mr. Barker: It is...
Mayor Suarez: Don't know?
Mr. Barker: I don't know, but I would think it has stayed the same, but...
Mayor Suarez: It could have been improved a great deal because you know, the
requirements of pollution control for automobiles and trucks are much greater.
So all of this folks, is academic. I am sure you are as bored and as confused
by it as all of us are up here.
Vice Mayor Plummer: I can tell you, if they took the air quality by 395, it
would be worse.
Mayor Suarez: You might want to talk to your legislators and to your State
representatives and senators about this whole scheme of DRIB and growth
management. None of it means any money for us to fix up our communities, to
build highways. It's all constraint, and it means a lot of work for a lot of
fine professionals like you and our professionals, and a lot of paper work,
but it doesn't lead to development. It doesn't lead to a convention facility
in Overtown/Park West which we would like to have. I suggest you brief us
individually, maybe we will vote for it, maybe, we won't.
Vice Mayor Plummer: I've been asked Mr. Mayor', to move it until September
25th because... September 26th...
Mr. Rodriguez: Twenty-sixth.
Vice Mayor Plummer: But we didn't change that meeting.
Mr. Rodriguez: I thought you said, eleven.
Mr. Barker: Mr. Suarez. May I just say one thing on the...?
188 July 25, 1991
Vice Mayor Plummer: I did... excuse me.
Mr. Barker: I'm sorry.
Commissioner Alonso: Twenty-sixth?
Mayor Suarez: Yes, Reg... no, we're going to try to get the procedural aspect
of this done. Does that create a problem for you?
Vice Mayor Plummer: The twenty-sixth meeting was not changed.
Mr. Rodriguez: I know, but you mentioned before, September 11.
Vice Mayor Plummer: You want to move it to the Zoning meeting of the 26th.
Mr. Rodriguez: To the Planning and Zoning meeting. Right, 26th.
Mayor Suarez: Does that create a problem for you? - the change from the 11th
to the 26th?
Mr. Barker: No, it doesn't. As far as the air quality monitoring is
concerned, we were required to do that as a part of the increment one
development order. That's not something that's new. That's something that we
were required to do by March 15, 1991.
Vice Mayor Plummer: And you did? ,
Mr. Barker: And we did. Thank you.
Mayor Suarez: If you have a comparative reading... I mean, comparative
analysis of the readings, I really would like... what particular substance are
you looking for by the way?
Ms. Sweetapple: All right. There are all sorts of... it's an emissions
analysis...
Mayor Suarez: Right. I figured that.
Ms. Sweetapple: So, they take the samples and they use a computer and they,
you know, calculate the emissions. Also the next phase of the air quality
will be to model projected air quality levels between now and 1999. So that
will also...
Mayor Suarez: And we are paying for that?
Vice Mayor Plummer: Of course, you are paying for it.
Ms. Sweetapple: It's required as part of the DR!.
Mayor Suarez: You don't think that the environmental protection agency may
have that already?
Ms. Sweetapple: No, they don't have that, because it's required as part of
the DRI based on this project.
Mayor Suarez: You don't think we can convince them that this area is one that
they ought to do.. oh, forget it.
Ms. Sweetapple: You may be able to convince them. I can't.
Mayor Suarez: All right, we have a...
Vice Mayor Plummer: Well, but wait a minute. Let me ask one very quick
question of Sweetapple.
Ms. Sweetapple: Yes, sir.
Vice Mayor Plummer: What about with the Peoplemover going in, doesn't that
increase our trip bank?
189 July 25, 1991
1
Ms. Sweetapple: You are getting a tremendous benefit from the transit system
that's already in place. We are able to take:a deduction in roadway trips
because of transit. What it means is, the roadway network will be that less
congested, because of the transit system.
Vice Mayor Plummer: But, doesn't that increase our request for additional
convention?
Ms. Sweetapple: It decreases the amount of money that has to be spent by the
developers on fixing roads.
Vice Mayor Plummer: Oh, OK.
Ms. Sweetapple: That's what it equates to.
Vice Mayor Plummer: To the 26th, Mayor.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll.
The following motion was introduced by Vice Mayor Plummer, who moved its
adoption:
MOTION NO. 91-594
A MOTION TO CONTINUE ITEM PZ-9 (PROPOSED RESOLUTION TO
TRANSMIT AN APPLICATION FOR DEVELOPMENT APPROVAL TO
THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS WHICH PROPOSES
TO AMEND THE SOUTHEAST OVERTOWN/PARK WEST MASTER
DEVELOPMENT ORDER AND THE INCREMENT DEVELOPMENT ORDER
TO ADOPT THE INCREMENT II DEVELOPMENT ORDER) TO THE
COMMISSION MEETING PRESENTLY SCHEDULED FOR SEPTEMBER
26TH; FURTHER DIRECTING THE ADMINISTRATION TO WORK
WITH MR. REGINALD BARKER AND TO VISIT EACH CITY
COMMISSIONER ON THIS ISSUE.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
54. SUPPORT REQUEST FROM RESIDENTS IN MELREESE GOLF COURSE AND GRAPELAND
HEIGHTS PARK AREAS - INSTRUCT ADMINISTRATION NOT TO CONSIDER OR ENTER
INTO NEGOTIATIONS FOR SALE OF MELREESE GOLF COURSE OR GRAPELAND HEIGHTS
PARK. (See label 30)
Commissioner De Yurre: Mr. Mayor...
Mayor Suarez: Yes, Commissioner.
Commissioner De Yurre: ...if I may, like I announced a few days ago, I
invited the residents of Grapeland Heights to come down here at 6:00 o'clock
today to deal with an issue that concerns them greatly, and this is the rumor
that Melreese Golf Course, Grapeland Park, would be on the selling block to
the County. And I told them to come down here, that we would reassure them,
as I've been feeling all along from this Commission, that, at no point in
time, are we considering the sale of Melreese Golf Course or Grapeland Park,
which are great assets to the City of Miami. And I advised them to come down
here, that I would make a motion instructing the administration not to enter
190 July 25, 1991
into any kind of negotiations nor to consider, at any point in time, Melreese
Golf Course or Grapeland Park to be a subject matter of sale by the City of
Miami. There's a lot of anxiety. Last Tuesday, there was a homeowners
meeting and I happened to be there and, you know, everybody was up in arms.
And I think with... rightly so, because there's a lot of confusion. I invited
them down here so they could hear from us directly as to what our feelings are
so they can, I think, go home and rest assured that the golf course and the
park are safe.
Vice Mayor Plummer: Mr. Mayor, speaking for one, if I may, may I go on the
record as my letter which was read at that meeting, and I confirm again today.
As you know, I have always been a strong proponent of parks and recreation
facilities for the residents of the City of Miami. As far as this
Commissioner is concerned, any future plans for the property should be towards
the enhancement of Melreese Golf Course and recreational facilities. I stand
on that record.
Commissioner Alonso: As far as I'm concerned, I have stated several times at
different meetings that I have had, that I'm very supportive of the park. I
have no intention of voting in any other thing to sell that piece of property.
So, it's a very easy vote to me. So if you move, I second, and let's go on to
other things. This is easy.
Commissioner De Yurre: Well, I so move.
Commissioner Alonso: Second.
Mayor Suarez: Moved and seconded.
Commissioner Dawkins: Under discussion. I've said from day one, and I'm
going to say it now, and I hope you continue to say it. Land is the only
commodity the Lord is not making any more of. The only place the value of
land can go is up. We, City of Miami, are constantly growing, and all I hear
from this administration is sell City of Miami assets. We have I don't know
how many refugees coming in daily. We have I don't know how many senior
citizens moving here annually. And pretty soon, there will be no place for us
to build for or for recreation. I don't see any need for us, this City
Commission, to talk of taking recreational facilities to sell or do away with.
I, for one, would hope that you would continue to press us to make sure that
we leave open space open, so that at least my grandchildren will know what the
hell open space looked like. Thank you.
(APPLAUSE)
Mayor Suarez: We have a motion and a second. Any further discussion? Call
the roll.
191 July 25, 1991
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 91-595
A MOTION IN SUPPORT OF A REQUEST FROM RESIDENTS IN THE
AREA OF MELREESE GOLF COURSE AND GRAPELAND HEIGHTS
PARK, FURTHER INSTRUCTING THE ADMINISTRATION NOT TO
CONSIDER OR ENTER INTO ANY NEGOTIATIONS FOR SALE OF
THE MELREESE GOLF COURSE OR GRAPELAND HEIGHTS PARK.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Commissioner De Yurre: Thanks for coming down.
Commissioner Alonso: That was easy.
(APPLAUSE)
------------------------------------------------------------------------
55. DENY APPEAL AND UPHOLD ZONING BOARD'S DECISION TO GRANT VARIANCE TO
PERMIT EXISTING WOOD ACCESSORY STRUCTURE AT 235 S.W. 22 ROAD (Owners:
Robert R. & Maria L. Lugo; Applicants: Luis A. Castro & Raul R.
Garcia).
------------------------------------------------------------------------------
Mayor Suarez: PZ-10.
Mr. Guillermo Olmedillo: PZ-10, Mr. Mayor, is an appeal to the issuance of a
zoning variance given by the Zoning Board on a setback issue. The Planning
Department recommended denial, the Zoning Board decided on a & to 3 vote to
issue the variance on an accessory structure which is located 2.7 feet,
instead of the 10 required feet. It is customary that we hear from the
appellant.
Mayor Suarez: Who is here on item PZ-10? Raise your hand if you are here on
PZ-10. Who is here in favor of PZ-10? - raise your hand. In favor? Ohl I'm
all confused. I thought it was simpler than that.
Vice Mayor Plummer: Yes.
Mr. Rodriguez: No, no, no.
Mayor Suarez: Who brought the kids? You know, that's... we've got this thing
about that being unfair. You know, you bring these little kids, how can you
vote against the little kids. You have a baby in there somewhere, right?
Commissioner Alonso: Yes.
Mayor Suarez: What happened to the baby?
Unidentified Speaker: She is crying.
Mayor Suarez: Well, at least, we are up to that item anyhow. OK. This is
not as simple as I thought. Anyone... let's do it this way, anyone who
expects to be heard on this item to testify one way or the other, just in
case, please raise your right hand and be sworn in by the City Clerk.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
192 July 25, 1991
- c �
Mayor Suarez: OK. Guillermo, what is the recommendation from the department?
Mr. Olmedillo: Recommendation is that the department is denial. The Zoning
Board recommended... decided on an approval and this is what is being
appealed. To the department's satisfaction, it doesn't meet the conditions of
a hardship. There is no hardship to be proven there.
Mayor Suarez: You know, Officer, your public service aide back there just
walked by all the people making all the ruckus and totally ignored it. If you
could explain to him that part of his task out there is to keep them quiet or
out of the hallway, sir, I would appreciate it. Can you give this to me in
simple terms? Can you help us on one item today? Just give me something
simple on this. What are we talking about? Don't give me all the technical
stuff. What is this about?
Mr. Rodriguez: This is a request...
Mr. Olmedillo: There is an existing structure which is closer to the property
line that it's supposed to be. It is supposed to be 10 feet...
Mayor Suarez: Isn't this a single family home?
Mr. Olmedillo: Yes.
Mayor Suarez: Can't you just say that. There is a house, it's a home, right?
Mr. Olmedillo: There is a home and there is an accessory structure built...
Mayor Suarez: Accessory structure. What does that look like?
Commissioner Alonso: Wooden structure.
Mr. Olmedillo: Well, it's a wooden shed.
Mayor Suarez: A wooden shed. All right.
Mr. Olmedillo: Yes.
Mayor Suarez: This is the famous wooden shed case. All right.
Mr. Olmedillo: And the Zoning Board decided to issue the variance...
Mayor Suarez: Because it's too close to the property line?
Mr. Olmedillo: It's close to...
Mayor Suarez: By how many feet?
Mr. Olmedillo: By approximately 7 feet. It is supposed to be 10, it's 2.7.
Mayor Suarez: All right. And who...?
Mr. Olmedillo: The neighbor does not agree with the Zoning Board's decision
of issuing the variance, so the neighbors appealed the decision of the Zoning
Board which has to be appealed before this Commission.
Vice Mayor Plummer: Wait a minute. The Neighborhood Association...
Mr. Olmedillo: No, the neighbor.
Vice Mayor Plummer: The neighbor - a single neighbor?
Mr. Olmedillo: The particular neighbors...
Vice Mayor Plummer: OK.
Mr. Olmedillo: Luis Castro and Raul Garcia are the neighbors who are
appealing the decision.
Vice Mayor Plummer: I've been given information that the Neighborhood
Association have no problem with it. Is that correct?
193 July 25, 1991
Mr. Olmedillo: My understanding is that at the Zoning Board's hearing the
Neighborhood Association did not express opposition to it.
Vice Mayor Plummer: No, I've been given information here that tells me that
they have no problem with it.
Commissioner Alonso: They are not here, so.
Mr. Olmedillo: May I read a letter from Chief Lutes, president of the Miami
Roads Neighborhood Association? Reference 235 SW 22nd Road - the address of
this subject application. This letter has been drafted at the request of...
Mayor Suarez: It's a letter to Chief Duke?
Mr. Olmedillo: No, signed by E.J. Lutes.
Mayor Suarez: Ohl Lutes.
Vice Mayor Plummer: President of the association.
Mr. Olmedillo: Not Chief Luke, Lutes, L-U-T-E-S, president of the
association. This letter is being drafted at the request of Mr. Robert Lugo,
the resident of the above address. Apparently, a utility shed has been
constructed on the rear of his property that does not meet the required
setback. It is also understood that it was impossible to meet the setback due
to some awnings installed on the residence. The Miami Roads Neighborhood
Civic Association is very active in code enforcement and we acknowledge that
at times, concessions and variances must be made to allow homeowners to make
some improvements. We have looked at the above location, and nothing that it
abuts next to commercial property and that his neighbors are not objecting to
this request. We would not be opposed variance - this is the way it reads -
there is a typo there somewhere.
Vice Mayor Plummer: And under the terms of loss, silence gives consent. So,
they are silent on the issue.
Mr. Olmedillo: They are not opposing the issue.
Vice Mayor Plummer: So basically, from what I understand, the association is
not opposed...
Mr. 01medillo: That is correct.
Vice Mayor Plummer: ... and the neighbor on one side is not opposed, and the
only reason that it's being appealed, is one neighbor, I guess who is the most
contiguous to it, is the one who is objecting. Is that correct?
Mr. Olmedillo: That's correct.
Vice Mayor Plummer: Now we know where we are.
Mayor Suarez: OK. All right, we hear from that individual who is also the
applicant.
Vice Mayor Plummer: So the one neighbor who is in objection is obviously the
one who took the appeal?
Mayor Suarez: Right. OK, sir.
Mr. Luis Castro: OK. Mayor Suarez, Vice Mayor Plummer, distinguished
Commissioners, my name is Luis Castro and I live on the property...
Mayor Suarez: That's a real good start, by the way.
Mr. Castro: OK.
Mayor Suarez: When you say, distinguished Commissioner, that's a good start.
Vice Mayor Plummer: As long as he separated the Mayor and Vice Mayor,
194 July 25, 1991
Mr. Castro: All right. I own the property... live on the property located at
229 SW 22nd Road, which is adjacent to the property at 235 SW 22nd Road, on
the south side. In December of 1990, after noticing my neighbor, Mr. Robert
Lugo, erecting a concrete block structure in the back of his house, I
complained to Mr. Lugo about his project. For a month, Mr. Lugo tried to
convince me to keep quiet about the construction project. I told him, that he
either took it down, or I will call the Building and Zoning Department of the
City of Miami. Mr. Lugo took the structure down in late January. I
previously presented some pictures to that structure. In February of this
year, Mr. Lugo contracted a construction company to erect the structure for
which he is now requesting a variance as an existing structure, when had
knowingly, been told that a permit was required by myself in order to build
this structure. In other words, he is requesting for an existing structure
after being told that he could not do it, he went ahead and did it. I again
complained to Mr. Lugo. His response was, that the City of Miami had approved
and issued a building permit for this structure. I called the Building and
Zoning Department of the City of Miami and I was told by Inspector Rocher that
no permit had been requested or approved for the property at 235 SW 22nd Road,
and that he would investigate. A week later, I called Mr. Rocher again, and
he told me that he had issued a citation to Mr. Lugo. For the following two
months, I kept on calling the building inspection department on a weekly
basis. After talking to about ten different people in Building and Zoning, I
was finally told that a variance had been requested by Mr. Lugo and that a
hearing would be scheduled. The hearing was with the Miami Zoning Board, it
was finally scheduled for June 17th of this year, and you have the results of
that hearing.
Vice Mayor Plummer: What was the vote of the Zoning Board?
Mr. Castro: Six to three.
Vice Mayor P1 `:rmer: To grant?
Mr. Castro: To grant, yes. If it was to reject, I wouldn't be here. The
Zoning ordinance which Mr. Lugo is requesting to be overlooked in his favor,
was passed to protect property owners from those who try to overbuild to meet —
their own needs, ignoring the rights of other property owners. I would like `
to refer you to exhibit one, pictures (a) and (b). Pictures (a) and (b) are
of the property behind mine. Notice the deterioration of the structure - not
a pretty picture to look at from my property. Picture (c) shows the area
between my property and the structure for which Mr. Lugo is requesting a
variance. It has already become a junk dumping area. Please notice the area
between the wooden structure in picture (c) and my fence, and those pictures —
were taken yesterday. Also notice the pictures of the property behind mine
and the deterioration of that property. Permitting this illegal structure to
stand will perpetrate the picture shown in exhibit 1. Exhibit 2, picture (a)
shows my back yard adjacent to Mr. Lugo's property. I have spent thousands of
dollars and have used most of my land to create a natural environment, where
birds and other wildlife can survive and reproduce. I bought a house and pay
very high taxes so that I can go out to my patio and look at nature - not a
building structure, especially those illegally erected. Exhibit 2, picture
(b) shows on the right, a chain link fence. This is the property line between
Mr. Lugo's home and mine. Notice that my wood fence was erected one foot from
the property line on my side. Picture (c) shows a concrete wall in the back
of Mr. Lugo's property. This wall was erected by Mr. Lugo three years ago to
separate his home from the property behind his. This wall was built up to
where the fence separating Mr. Lugo's property and mine was. Notice the
separation, one foot to my wood fence. Mr. Lugo removed the fence which
legally separated our property - now he measures from the wall of his wood
structure to my wood fence, and gets almost five feet. I am asking you today,
with all my respect, to require Mr. Lugo to obtain a land survey by a
certified surveyor, ensuring that the distance from his wooden structure to
the property line that separates our property, meets the five feet minimum
requirement. See, he only refers to the 2.7 feet from his structure to the
back property. My concern is from that structure to my own property line and
the way that structure shows from my property. Why should I have to pay for
his wrong -doing? Why should I have to pay for a surveyor to do something
which he himself took down, for a fence that he took down, and for a structure
that he built illegally, knowingly so? If this requirement is not met, in
other words, there is not the five feet requirement from his wooden structure
to my property line, that he be required to move over his coal shed. The
plans that Mr. Lugo submitted do not indicate that the wooden structure which
195 July 25, 1991
he calls, shed, is fully air-conditioned. Exhibit 3, picture (a) shows a wall
a.c. unit on that structure. And if you analyze the plans, he does not show
that coal shed as a wooden structure - as a fully a.c. unit. Exhibit 3,
picture (b) shows a previous addition to the residence at 235 SW 22nd Road.
The last section of this addition, the one with the lower roof, approximately
five feet from the wooden structure now being considered, houses full plumbing
facilities and a bathroom. Were building permit,pulled out for those previous
additions to the house? Mr. Lugo stated during the hearing of June 17th, that
they needed additional space now they have a new -born baby - the crying baby.
j Their house is a very large three bedroom house. It has the largest living
square footage of any house in our side of the block. It also has by far, the
! smallest square footage of outdoor space. Mr. Lugo stated at the hearing on
1 June 17th that he had the Miami Roads Neighborhood Association's approval of
? his project. I spoke to Mr. Ed. Lutes, president of the Roads Neighborhood
Association. He told me that the letter indicated that they were taking a
neutral action, and not an approval. That they were not going to request
prosecution because he thought, as indicated by Mr. Lugo, that Mr. Lugo didn't
know his construction was illegal. If I really believe that Mr. Lugo's needs
were based on a growing family, I would have not objected, and taken this
i matter this far. However, I know for a fact that Mr. Lugo has been running a
catering service out of his residence at 235 SW 22nd Road for several years
now. Please refer to exhibit 4, which shows a page from the present telephone
company book, showing "Miami Catering Inc.," at 235 SW 22nd Road. At first, I
didn't object because I know that we all need to make the extra buck,
especially nowadays, with the economy the way it is. But if making the extra
buck means lowering my property taxes, which this structure is doing, lying,
and creating frictions among neighbors - we used to get along quite well
i before this incident, then I must take the position I have taken. I am the
only property owner in this neighborhood whose property is directly affected
by this illegal construction. The property on Mr. Lugo's north side is a
parking area for a bank on Coral Way. And the property behind his, also
violates the setback ordinance of a minimum of ten feet. I ask of you to
analyze the facts I have presented here today, and that this request for a
variance be denied. I thank you.
Vice Mayor Plummer: Thank you, sir. I guess now we hear from Mr. Lugo, or
the other side. Mr. Lugo. Are you Mr. Lugo? Yes, sir. Let me just ask one
question of the department. Did you investigate,the catering service?
Mr. Rodriguez: Mr. Ventura.
Vice Mayor Plummer: Did you investigate the allegation that he is running a
catering company out of the residence?
Mr. Santiago Jorge Ventura: I didn't investigate the catering service.
Vice Mayor Plummer: Why not?
Mr. Ventura: Because it was not brought to my attention. Now, it is brought
to my attention.
Vice Mayor Plummer: OK. That's fair enough. Mr. Lugo, you've been sworn in,
sir?
Mr. Robert Lugo: Yes, sir.
Vice Mayor Plummer: Fine. Proceed, sir.
Mr. Lugo: Yes. Regarding the catering, I have an occupational license from
the City of Miami saying it is for office use only, and it is considered party
planning, and that's exclusive rights.
Vice Mayor Plummer: You are in compliance with the home occupation, sir?
Mr. Lugo: Yes, sir.
Vice Mayor Plummer: That no more than twenty-five percent of the residence is
used as office space and all the employees are your family.
Mr. Lugo: Exactly right, sir.
Vice Mayor Plummer: You're providing adequate parking?
196 July 25, 1991
Mr. Lugo: Yes, sir.
Vice Mayor Plummer: I am sure the department will verify that, sir. Proceed
on this item which is in reference to the variance.
Commissioner De Yurre: How many employees do you have there?
Commissioner Alonso: Excuse me. May I ask a question?
Vice Mayor Plummer: Commissioner Alonso.
Commissioner Alonso: In order to have the twenty-five percent and use as an
office, do we have to have a specific amount of parking available to go with
that license? I don't believe so. Do we?
Mr. Lugo: I didn't understand the question. I do have the occupational
license though.
Vice Mayor Plummer: Sir, an occupational license... her question is
different. The occupational license, anybody can get an occupational license.
It doesn't necessarily grant you the right of zoning. Many people get
occupational licenses thinking they can open up a business because they have
that license. I am very familiar with a case on Flagler Street. When they
went to exercise that, they could not get a certificate of use, because the
zoning did not permit the occupation of what they were trying to operate. So
just because you have an occupational license does not mean, sir, that you
have the right to operate a business. It has to be in compliance with zoning
also.
Mr. Lugo: But I am not a...
Vice Mayor Plummer: That's a different subject.
Mr. Lugo: But I am operating an office only. It's office use only, it is not
a business.
Vice Mayor Plummer: Sir, that will be confirmed by the department.
Commissioner Dawkins: Let me ask you...
Vice Mayor Plummer: I think her question has to be answered of the
department.
Commissioner Alonso: Yes, I need an answer. Is parking required to go along
with the 25 percent...
Vice Mayor Plummer: Twenty-five percent use.
Commissioner Alonso: ... twenty-five percent use?
Mr. Joe Genuardi: If it has been approved as a home occupation then we would
require - if they have an employee conducting the business with the owner,
then we would require another parking space.
Vice Mayor Plummer: Yes.
Commissioner Alonso: OK.
Commissioner Dawkins: OK. Let me ask a question. How many employees do you
have working at that location?
Mr. Lugo: It's my sole... I am the owner of the company. All I do is party
plan. I organize functions and events.
Commissioner De Yurre: So nobody else works there?
Mr. Lugo: No. I have a partner and that's it. All we do is organize party
functions and consulting. So I go to a party site and just consult with
people, and design, and set up parties.
197 July 25, 1991
Commissioner De Yurre: OK. So you just have... what, you partner is the
other employee there, and that's it?
Mr. Lugo: Yes.
Vice Mayor Plummer: Is your partner a family member?
Mr. Lugo: No, he is not.
Vice Mayor Plummer: You've got a problem I think. But here again, that's a
different item.
Mr. Lugo: It's based as office use only, I don't...
Vice Mayor Plummer: But I think that the ordinance contains, if I am not
mistaken... Mr. Rodriguez...
Mr. Rodriguez: If I remember correctly, in a home occupation, you can have up
to an additional person...
Vice Mayor Plummer: One?
Mr. Rodriguez: ... besides the family to conduct the home occupation, and it
could be an office. If there is anything other than an office there like
actual cooking or whatever, that wouldn't be allowed - or preparation of food.
And...
Vice Mayor Plummer: That's a different item.
Mr. Rodriguez: It's a different item.
Vice Mayor Plummer: What we are here on today, is an appeal of the setback
and that would be determined by...
Mr. Rodriguez: We are going to look into that anyhow tomorrow.
Vice Mayor Plummer: You'll look into that afterwards, yes, sir. I'm sorry,
the Mayor is back. This is Mr. Lugo, we've presented the other side, and he
is now going to make his presentation.
Mr. Lugo: Yes, good evening. Mr. name is Robert Lugo, this is my wife Maria
Lugo, we reside at 235 SW 22nd Road. I am here tonight to conclude this
hopefully, and basically what I have given out to you is confirmation of all
the agreements I have had and gathered together from surrounding neighbors.
And by using this, you will see that the letter from Ed Lutes would gather
support from everyone else. And besides that, I have a letter from the lady
behind me which is the one I think, is the main concern, stating, she has no
problem with the 2.7 foot setback. Also, I have a signed and sealed survey
saying the 5 feet from the appellant signed and sealed - I have some photos to
show you also.
Vice Mayor Plummer: Has that survey been previously submitted for the record?
Mr. Lugo: Yes, sir.
Vice Mayor Plummer: It has been?
Mr. Lugo: Yes.
Vice Mayor Plummer: You have a copy of a survey?
Unidentified Speaker: Yes.
Vice Mayor Plummer: OK.
Mr. Lugo: And then also, I have one other diagram showing you the only
possible location in the place of another shed that I have in the area that it
is now. It is showing also the 5 feet from the appellant.
Vice Mayor Plummer: You have anything...? - I'm sorry.
Mr. Lugo: If you have any further questions...
198 July 25, 1991
Vice Mayor Plummer: Do you have anything else to state for the record in your
defense, sir?
Mr. Lugo: No. Basically, everything is self-explanatory. I have all the
support from the neighbors, and I feel I am in the right. I just would ask
for your support in this matter.
Vice Mayor Plummer: Mr. Mayor, I don't know if any of the others that are
here that were sworn in wish to testify or not.
Mayor Suarez: Or if you want to be counted as supporting the position of
either side, but I presume from what you are saying, they are here in support
of your position, Mr. Lugo?
Mr. Lugo: Yes.
Mayor Suarez: If you would either stand up, or raise your hands. OK. You
were sworn in, ma'am? Do you want to add something?
Commissioner Alonso: In support.
Ms. Debbie Swain: Yes, real briefly. My name is Debbie Swain and I reside at
228 SW 22nd Road, across the street from the Lugo's and Mr. Castro. A couple
things real quickly, just to clear something up, the new structure that is not
fulfilling the setback requirement is towards the rear property line, 2.7 feet
and that neighbor is in concurrence with the location of the structure. The
gentleman that's appealing...
Mayor Suarez: Do we have a letter to that effect from that neighbor?
Commissioner Alonso: I think in this package.
Ms. Swain: Yes, that's... right.
Commissioner Alonso: Yes.
Mayor Suarez: OK.
Ms. Swain: The gentleman that's appealing, on his side, the signed and sealed
survey shows that the setback requirement is fulfilled on that side.
Mayor Suarez: The side setback I guess is...
Ms. Swain: That's right, five feet.
Mayor Suarez: Although there is... apparently, according to the appellant,
the objector, there may be an issue as to whether it is exactly five feet or
not.
Ms. Swain: Right. We had a survey conducted, or there was a survey conducted
prior to...
Mayor Suarez: You don't have any economic interest in all of this, do you?
Ms. Swain: No.
Mayor Suarez: You're just an interested neighbor?
Ms. Swain: I am also a professional consultant by profession, and I tend to
speak in terms of we, rather than the neighbor. I have no economic interest
in this.
Mayor Suarez: The old collective papal, we. All right.
Ms. Swain: Yes.
Vice Mayor Plummer: We're getting all kinds of expert.
Mayor Suarez: Yes. We're getting.
199 July 25, 1991
�i •
Ms. Swain: But I am speaking as a neighbor and not as a consultant. The
other issue is that the Roads Neighborhood is substantially made up of homes
that were constructed many, many years ago. For example, my home was built in
1923. We, very commonly, and I think in the block where the Lugos' live,
there is about ten out of the twelve homes there, have an auxiliary or
separate structure right on property line - it's about six inch setbacks, and
those are from the 1920's. I, myself, have a garage that's about six inches
from rear and side property lines. The Lugo's structure is abutting the rear
neighbor's separate structure right on her property line, and there is no
diminished use of property or anything because they are just side by side -
the two new structures abut each other. Other than that, I am in support of
the Lugo's variance. Thank you.
Mayor Suarez: That lady is feeding the baby. That's really highly unfair
now. This is now beyond being unfair bringing kids here to a Commission
and...
Commissioner Alonso: I think it's beautiful.
Mayor Suarez: But on top of that, I mean, how can you vote against somebody
like that.
Commissioner Alonso: I know.
Mayor Suarez: Yes, sir, you want to say something?
Commissioner Alonso: Especially me, being a new grandmother.
Mayor Suarez: Yes. Pretty soon...
Mr. Victor Simms: Yes. I am a resident from across the street from Mr. Lugo,
234 SW 22nd Road. I am not well versed on all the legal technicalities as far
as the distances and what have you, but I can assure you that Mr. Lugo did
everything in his power to comply with his neighbor. Just by the fact that he
tore down a building that he had there prior to that, and tried to make his
neighbor happy, shows that he acted in good faith, and I do support him
wholeheartedly. I have never seen any cars parked in front of his house,
except for parties. -
Mayor Suarez: Thank you for your statement. Anything further?
Mr. Lugo: Also to support the growth of the family, my mother-in-law moved in
and also, my baby is new to the family. So...
Vice Mayor Plummer: My condolences.
Mayor Suarez: The old mother-in-law who moved in. All right. I don't mean
old in that sense, I mean in the sense of the old story.
Commissioner Alonso: I...
Vice Mayor Plummer: Behind every successful man, there is a surprised mother-
in-law.
Mayor Suarez: OK. Anything further, Commissioners? What criteria do we
apply? I mean, let's say that we think that all of this is something that
makes sense from the, in the eminent wisdom of this Commission, can we just do
that? - because it seems acceptable to us. Are we supposed to be applying
certain criteria that are a little bit more objective in the way I just stated
it?
Commissioner Alonso: So, we have to deny it?
Mr. Olmedillo: No, the Zoning Board is mandated to apply the criteria of the
hardship.
Mayor Suarez: Right.
Mr. Olmedillo: The City Commission has the option to review whatever the
Zoning Board has done, and I think you have the power to see a more
comprehensive...
200 July 25, 1991
Vice Mayor Plummer: OK. Let me ask you this question. The objector is on
the side...
Mr. Olmedillo: On one side.
Vice Mayor Plummer: ... of the subject property?
Mr. Olmedillo: That is correct, sir.
Vice Mayor Plummer: According to the survey, that which he is affected by,
the setback is in concurrence with code?
Mr. Olmedillo: The neighbor to the rear as you can see...
Vice Mayor Plummer: The objector...
Mr. Olmedillo: No.
Vice Mayor Plummer: ... is on the side...
Mr. Olmedillo: On the side. That is correct.
Vice Mayor Plummer: ... where he is affected, or could be affected - is the
five foot shown in the survey that it is in compliance with code?
Mr. Olmedillo: Yes, that will be a correct statement.
Vice Mayor Plummer: Thank you.
Commissioner Alonso: OK. So...
Vice Mayor Plummer: So it's not that he is... the 2.7 would be to be back.
Commissioner Alonso: To the back.
Vice Mayor Plummer: And the person who is directly affected, is not in...
Mayor Suarez: What about the... I don't want to interrupt whatever your line
of questioning is, Commissioner, but I just wanted to further elaborate on
his... on his five foot concern, what other remedy does he have? Suppose in
fact, he can establish that it is not five feet? - something that Dan Paul
used to be known for going around, you know, with a tape measure and all of
that.
Vice Mayor Plummer: He would have to get another variance.
Mr. Olmedillo: Then the department can go back and review that and cite the
Lugos.
Mayor Suarez: What kind of proof does he need? I mean, he called for a
survey and that sounds like a rather extraordinary way of doing it. I mean...
Mr. Olmedillo: Well, the thing is that we already have a surveyor's seal on a
survey, which makes it...
Commissioner Alonso: This is an official survey?
Mr. Olmedillo: Yes, yes.
Vice Mayor Plummer: No.
Commissioner Alonso: Ohl May I see it?
Mr. Olmedillo: So, going by that, you have the surveyor's name...
Commissioner Alonso: Then that's it.
Vice Mayor Plummer: Well, answer the Mayor's question. What remedy would he
have if they did not meet the five foot? - and the answer is, either nothing
or a variance. He has to remove it or another variance.
201 July 25, 1991
Mr. Olmedillo: Or the Lugos would have to apply for a variance if it's proven
that they have less than...
Vice Mayor Plummer: Well that was his question, why can't you answer that?
Mayor Suarez: Assuming this passes, for myself, I want to make sure that he
gets something for his concern, and his concern is that they are not five
feet. Will you go out there and measure the five feet, or will you send
somebody from the department to measure the five feet?
Mr. 01medillo: Yes.
Mayor Suarez: And if you don't five feet, or... I mean, it might be four foot
eleven or something, I'm not going to worry too much about that.
Mr. 01medillo: He will be issued a violation.
Commissioner Alonso: We should send an inspector.
Mayor Suarez: Yes.
Commissioner Alonso: But let me tell you something, Mr. Mayor. It is a very
serious thing that a land surveyor will give a...
Mr. Rodriguez: For signs that's sealed, that's accepted.
Commissioner Alonso: ... land surveyor will give a survey and it's not right.
That's very very unusual.
Mayor Suarez: No, I know. But these structures include apparently, you know,
have wood and some other things that may protrude from them...
Mr. 01medillo: We'll do it.
Mayor Suarez: ... and who knows. I mean, the survey might not pick all of
that up at the time of the survey.
Vice Mayor Plummer: During the rain, the wood might expand.
Mr. 01medillo: We'll have an inspector on the site.
Mayor Suarez: Could you, please? Thank you.
Mr. 01medillo: Yes, sir.
Mayor Suarez: All right. Commissioners, on the item.
Commissioner Alonso: Yes, I'm ready to move for denial.
Mayor Suarez: All right. Moved to deny, Commissioner Alonso.
Vice Mayor Plummer: You're moving to deny the appeal?
Mayor Suarez: Right.
Commissioner Alonso: Yes.
Mr. 01medillo: And uphold the Zoning Board's decision.
Mayor Suarez: And uphold the Zoning Board's recommendation.
Mr. 01medillo: Uphold, yes.
Vice Mayor Plummer: And I second.
Mayor Suarez: Second. Any further discussion or not? Please call the roll.
202 July 25, 1991
- The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-596
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING
BOARD IN ITS GRANT OF A 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-1 SINGLE FAMILY
RESIDENTIAL, TO PERMIT THE EXISTING WOOD ACCESSORY
STRUCTURE LOCATED AT 235 SOUTHWEST 22ND ROAD, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), AS PER
PLANS ON FILE, PROVIDING REAR YARD OF 2.7' (10'
REQUIRED); 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 Vice Mayor 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.
56. SECOND READING ORDINANCE: AMEND 11000 ZONING TEXT, BY AMENDING ARTICLE
4 TO PERMIT CONTRACTOR'S AND ROAD BUILDING EQUIPMENT IN C-2 DISTRICTS -
PROVIDE FOR OPEN STORAGE OF BOATS AND VEHICLES (Applicant: Planning,
Building & Zoning Dept.).
------------------------------------------------------------------------------
Vice Mayor Plummer: Eleven is also tied to this? - the department, eleven is
also tied to this?
Mr. Rodriguez: No.
Mr. Joe McManus: It's a separate item having to do with contractor's
equipment, and this is second reading. At first reading...
Vice Mayor Plummer: Ohl I thought...
Mr. McManus: ...the Commission instructed us to change it to a special
exception for road building equipment in the C-2 district. And that's been
done - for second reading.
Vice Mayor Plummer: But item 11, has no connection to 10?
Mr. Rodriguez: No.
Mr. McManus: They are not companion items.
Mayor Suarez: I entertain a motion on item PZ-11. Does anyone wish to be
heard on it? Let the record reflect no one came forward. It's a Planning &
Zoning item.
Commissioner Alonso: I so move.
Mayor Suarez: So moved.
203 July 25, 1991
Vice Mayor Plummer: Well, Mr. Mayor, you know, this question came up before,
and I am concerned, even in a C-2 district, that earth building, earth moving,
road construction kind of materials, could be stored in this area. And I am
wondering if you'll look at where some of the C-2 zoning is, do we really want
to allow road building machinery to be stored? Do we want that kind of thing
in that kind of an area? And I think, truthfully, you are bordering on very
heavy kind of storage in a C-2 area which basically, is a commercial area but
not heavy commercial, like a C... the higher categories. And I think that's
really the crux to the matter.
Mr. Rodriguez: But I think in the last Commission meeting, Commissioner, you
asked us to look into changing the approval instead of making approval by, I
mean, a permit, an item that will be accepted by right, that it will be a
conditional approval with a special exception. And that's what...
Vice Mayor Plummer: But that's not included here.
Mr. McManus: Yes.
Mr. Rodriguez: It is on page 3 of your package.
Mr. McManus: That change has been made.
Vice Mayor Plummer: Or, the change has been made?
Mr. McManus: Yes. This is a special exception. Right.
Mr. Rodriguez: Yes. Special exception. That's what we did, yes.
Vice Mayor Plummer: That's fine. I have no problem.
Commissioner Alonso: That's what he is saying - the first reading.
Mayor Suarez: All right. On PZ-11 then, we have a...
Vice Mayor Plummer: Well, it doesn't show that on the agenda.
Mr. McManus: There is a note down, that comments...
Mayor Suarez: We have a motion by Commission Alonso, and hopefully, a second
by Vice Mayor Plummer...
Vice Mayor Plummer: Yes, sir.
Mayor Suarez: ... just like in the first reading. Thank you. Any discussion
or not? Please read the ordinance. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO. 110000
AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY AMENDING ARTICLE 4, ZONING DISTRICTS, C-2
LIBERAL COMMERCIAL ZONING DISTRICT, CONDITIONAL
PRINCIPAL USES, TO PERMIT HEAVY EQUIPMENT, BUILDING
MATERIALS, CONTRACTOR'S EQUIPMENT AND ROAD -BUILDING
EQUIPMENT BY SPECIAL EXCEPTION, WITH CONDITIONS, AND
PROVIDING GENERALLY FOR OPEN STORAGE OF BOATS AND
VEHICLES; CONTAINING A REPEALER PROVISION,
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
Passed on its first reading by title at the meeting of June 20, 1991,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Alonso, seconded by Vice Mayor Plummer, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
204 July 25, 1991
#I
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10908.
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.
------------------------------------------------------------------------------
57. FIRST READING ORDINANCE: AMEND 11000 TEXT, BY AMENDING ARTICLE 4 ZONING
DISTRICTS, PR PARKS, RECREATION AND OPEN SPACE DISTRICT, PERMITTED
PRINCIPAL USE, PERMITTED ACCESSORY USES, AND CONDITIONAL ACCESSORY USES,
TO RECOGNIZE EXISTING MARINAS AND ANCILLARY FACILITIES - PROVIDE THAT
ACCESSORY USES WILL REQUIRE NEW MARINAS AND SPECIAL EXCEPTION APPROVAL;
R-1 THROUGH R-4 RESIDENTIAL DISTRICTS TO PROVIDE EXCEPTION TO HOUSEBARGE
PROHIBITION; C-1 RESTRICTED COMMERCIAL DISTRICT, PERMITTED PRINCIPAL
USES, TO ALLOW TEMPORARY OCCUPANCY OR PRIVATE PLEASURE CRAFT (EXCEPT IN
LITTLE RIVER CANAL), TO PERMIT CONDITIONAL ACCESSORY USES, OCCUPANCY OF
PRIVATE PLEASURE CRAFT AS LIVING QUARTERS; EXCLUDE SOME SPECIFIC USES;
PROHIBIT OCCUPANCY OF PRIVATE PLEASURE CRAFTS AS LIVING QUARTERS IN ALL
RESIDENTIAL DISTRICTS - ADD NEW SECTION 940: HOUSEBARGE EXCEPTION, TO
PROVIDE FOR GRANDFATHERING, PERMITS, INSPECTION, NAVIGATIONAL CLEARANCE,
SIZE, etc.
------------------------------------------------------------------------------
Mayor Suarez: PZ-•12 and 13 are related. Companion items, Joe?
Mr. McManus: It's kind of.
Mayor Suarez: Kind of. I think I've seen you before.
Mr. Al Crespo: Yes, unfortunately.
Mayor Suarez: It seems like this item has been up before us and we thought we
had almost resolved it, and...
Commissioner Alonso: Let's get an extension.
Mayor Suarez: ... I guess, we haven't.
Mr. McManus: Mr. Mayor, and members of the Commission, you're correct. This
was last before you in March. There was an extensive public hearing on the
item, you heard numerous people talking about this, and you instructed staff
to go back and prepare, revise the ordinance and come back. And this has been
done. And quickly going down the five point here, you instructed us to
continue the litigation of Haves versus the City of Miami, that is, to
continue to prohibit housebarges and liveaboards in the Little River canal.
Mayor Suarez: Is this, if I may interrupt you,`is the court reporter related
to that litigation? Or are you here on behalf of some other party?
Unidentified Speaker: I am here on behalf of a private citizen.
Mayor Suarez: Can that citizen be identified?
Mr. Crespo: Oh yes.
Mr. Manuel Rodriguez: Yes. I've got a petition to make to the Commission,
and which I already personally hand delivered to every Commissioners' offices.
Mayor Suarez: And your name is, sir?
205 July 25, 1991
Mayor Suarez: OK. Did you... do we know what position Mr. Rodriguez is in as
far as all of this?
Mr. McManus: No. I don't.
Vice Mayor Plummer: I'm sure we'll hear.
Mr. M. Rodriguez: Can I state it?
Mayor Suarez: Just... if you can just... we've got to get everybody sworn in,
but I want to know where we are, and why we are having all of this.
Commissioner De Yurre: OK. Quickly, Mr. Mayor, so that we understand. His
position is that he rents the back to houseboats, to barges, and his concern
is that since these are being grandfathered in...
Mayor Suarez: ... fathered in, no one else will be able to...
Commissioner De Yurre: ... which is fine, but he wants his property to be
grandfathered in, because if somebody moves out, he doesn't want to lose the
income, which is a long term thing that he has had there. So, the concept
that he is looking for is to grandfather in the properties itself.
Mayor Suarez: The grandfather as proposed, goes with the boat or the barge,
not with the attached property.
Commissioner Alonso: He want to do it with the property.
Mr. M. Rodriguez: With the property. -
Commissioner De Yurre: That's right.
Mayor Suarez: That's interesting.
Commissioner De Yurre: So, that's...
Vice Mayor Plummer: Do you have a single family home, sir?
Mr. M. Rodriguez: No. It's three buildings - they are apartment buildings.
Vice Mayor Plummer: On the parcel.
Mr. M. Rodriguez: On the parcel.
Vice Mayor Plummer: And how many slips do you have in the back?
Mr. M. Rodriguez: There are actually six slips for housebarges. The only
thing they are good for is housebarges, because they are only four feet deep.
Anything else, you cannot dock there. There is about 250 feet more of docking
space which I do rent to boats - regular boats. These particular spaces,
they've been used for housebarges for ages. They even have electric meters,
separate electric meters, that the Florida Power and Light issued permits
which I... probably at some time the City offered them a CO (certificate of
occupancy) because they do have a meter, an electric meter.
Mayor Suarez: Let me just ask staff. If we are inclined... presumably,
you're... the ordinance now reflects a grandfathering in. If we approve it,
of all existing housebarges. Can that not be done if we were inclined to do
it such, that it also includes any accessory, or any property that has the
present housebarge as an accessory use so that it would go with that property?
Or is that something that you don't recommend?
Mr. McManus: Well, what we are doing here is grandfathering thirty-four
housebarges with the expectation that over time...
Mayor Suarez: They will go away.
Mr. McManus: ... they will go away.
Mr. Crespo: Mr. Mayor, that's not exactly corre:t.
206 July 25, 1991
0
Mayor Suarez: OK.
Mr. Crespo: If I may. OK.
Mr. M. Rodriguez: Let me finish.
Mayor Suarez: Wait, wait, wait. Let's have everybody that's expected to
testify on this issue be sworn in. If you would please raise your right hand
for or against, or in his case, kind of for, and then for some more - for the
lack of a better way to explain it. Please swear them in.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mayor Suarez: Joe, on that question and then we will go back to the principal
aspect of it. And any modifications of it.
Mr. McManus: The next point staff was instructed then, generally to prohibit
housebarges citywide and to prohibit liveaboards in the City's residential
areas, except to then grandfather the thirty-four housebarges, existing
housebarges on the Miami River. And to go through and create a permitting
process. This proposal also permits liveaboards in the other areas on the
Miami River, the PR district, C-2 district, and SD-4 district.
$yor Suarez: You're grandfathering the barge...
Mr. McManus: Which are shown in...
Mayor Suarez: .. not the space where the barge is located, or the dock?
Mr. McManus: That's right. And lastly the...
Mayor Suarez: So if the individual who is grandfathered in goes and buys a
newer one, that particular barge is not able to be there?
Mr. McManus: That's right.
Mayor Suarez: It will be a nonconforming use.
Mr. McManus: The intent here is to identify the individual barge to...
Mayor Suarez: By what? By vehicle identification number? How are you going
to identify it?
Mr. McManus: Something like that, yes.
Vice Mayor Plummer: FL number.
Mr. McManus: And go through a permitting process and bill them every year.
Mayor Suarez: By the boat identification, whatever it is?
Mr. McManus: Inspect them, boat identification. We think there are presently
approximately thirty-five on the river.
Mayor Suarez: OK.
Commissioner De Yurre: About thirty-four properties, or thirty-four...?
Mr. McManus: Housebarges.
Commissioner De Yurre: OK. How many properties does that entail? Do you
have any idea?
Mr. McManus: I have no idea, because as the gentleman indicated, he has a
number on a single property.
Vice Mayor Plummer: He has six on his.
Commissioner De Yurre: He has got six.
207 July 25, 1991
17
416
Mr. McManus: Six.
Commissioner De Yurre: I think... Can we maybe consider - and I am just
throwing this out for food for thought - about maybe, looking into the
possibility of grandfathering in the properties, until ever you sell the
property, and that's it. You know, something that eventually, we can get what
we want, but it doesn't burden these individuals that have purchased
properties in that area looking at the income that they are getting, because
of what has always existed. And all of a sudden, he is going to be out
fifteen hundred dollars a month, which is a significant amount of money in a
person that's retiring and is counting on that income for retirement, all of a
sudden, he doesn't have it. And I think that's really a big burden to bear
when it shouldn't be that way. So, I'm throwing this out that maybe, to get
what we want and to give them peace of mind that as long as they remain owners
of that property, then they can retain that grandfathering in on those
barges. - just throwing it out.
Mr. McManus: Difficulty there Commissioner, is, how would the City know when
the property changes hands?
Commissioner De Yurre: What do you mean how does the City knows when the
property changes hand? Don't we have... Dade County, don't they have records?
It's not that difficulty to keep that. How about the name change? There has
got to be a significant number of ways of finding out title changes here.
Once we identify what the properties are, we can keep some kind of record as
to those particular properties. And in time, eventually, they will be taken
care of.
Mr. McManus: Well, Commissioner, it's a matter of policy.
Commissioner De Yurre: OK. Well, I'm just trying to do what's right.
Vice Mayor Plummer: Let me ask a question. Have we made a determination
whether or not in fact the housebarges are paying ad valorem taxation?
Mr. McManus: Commissioner, I had the opportunity of visiting the Dade County
of Property Tax Assessor, I indicated to him that there were a number of
housebarges on the Miami River. I requested from him their current records,
their current files. He gave me a list of approximately thirteen. On there,
it appeared as if the valuation of the housebarges would run approximately,
average of eight thousand dollars ($8,000) - his kind of vessel.
Vice Mayor Plummer: Well, no, I am asking, are they presently of the thirty-
four that you've identified?
Mr. McManus: Only thirteen.
Vice Mayor Plummer: Only thirteen? They are paying ad valorem, or personal
property tax?
Mr. McManus: Personal property.
Vice Mayor Plummer: That's not ad valorem. Personal property is a different
separate tax. Am I correct, Mr. City Attorney?
Mr. Joe Maxwell: Yes, sir, that the basis is different.
Vice Mayor Plummer: That is correct. So, I am asking again, personal
property is one thing, ad valorem taxation is what we provide the services
from of police, fire, and sanitation. Now, I am asking again, do any of them
provide ad valorem taxation for the providing of police, fire, and sanitation?
Mr. Michael Burtt: Point of information.
Vice Mayor Plummer: Excuse me, sir. I've asked my department who I pay.
Mr. Burtt: OK.
Mr. McManus: Mr. Commissioner, I was told that they pay personal property
taxes. There is a valuation, say, the average is eight thousand placed on the
housebarge...
208 July 25, 1991
�i
L_ I
Vice Mayor Plummer: That's for personal property, and I understand that.
Mr. McManus: OK. And then times that, would be the usual millage,
approximately thirty mills...
Vice Mayor Plummer: That's... everybody pays personal property, and most
people pay ad valorem.
Commissioner Alonso: No, in your home, no.
Vice Mayor Plummer: No, in business, you do.
Commissioner Alonso: If you have home tax exemption, you don't.
Vice Mayor Plummer: OK.
Commissioner Alonso: If you own a property that is rented, yes, you do pay
personal...
Vice Mayor Plummer: Personal property.
Commissioner Alonso: ... property taxes and ad valorem.
Vice Mayor Plummer: Now, may I inquire why - thirteen from thirty-four, why
the others are not paying any tax at all? They are receiving obviously, if
they have a break-in, they are going to call the Police Department. If they
have a fire, they are going to call the Fire Department. Was there any
inquiry about you, sir, why the others were not paying?
Mr. McManus: I asked the assessor's office, it seemed to me that there was a
greater number, and they said that really, they weren't in a position to go
out on the river and really inventory them individually.
Mayor Suarez: This is really one of the reasons why they would propose only
to grandfather this, and not continue it for ever and ever. That it is very
difficult to sort of tie down the use and make sure that they pay taxes, et
cetera.
Vice Mayor Plummer: Well, Mr. Mayor, you know, that's one phase of it that I
brought out all along.
Mayor Suarez: Yes, you've been very persistent in that.
Vice Mayor Plummer: They have children to go to school...
Mayor Suarez: Right.
Vice Mayor Plummer: ... and they are not paying school taxes. They use the
_ roads and the bridges as you and I do as a homeowner, and they are not paying
Dade County taxes. So, I am saying is, is that, I think it is only fair, that
if in fact, these are grandfathered that they be required to pay ad valorem
taxation, because that's their home as you and I have to pay on our home.
Mayor Suarez: Well...
Vice Mayor Plummer: Now, the other thing is, is where do we come in from the
zoning aspect of density? Now, this gentleman has, as I understand it,
apartment houses. What does this do to the density of the zoning allowance,
when he puts on six additional housebarges? - plus the boats, and I don't know
if anybody lives there.. anybody lives on those boats?
Mr. M. Rodriguez: They do not.
Vice Mayor Plummer: OK. Just on the housebarges?
Mr. M. Rodriguez: Just on the housebarges, and is...
Vice Mayor Plummer: OK. What does it do to the density of that zoning which
he presently has by six additional housebarges? We know what it is in
relation to the apartments.
Mr. M. Rodriguez: It's forty-three...
209 July 25, 1991
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Vice Mayor Plummer: Excuse me, sir.
his answer, which is the man I pay.
You can answer if you don't agree with
Mr. M. Rodriguez: I was just going to give you the size of the property - the
square foot.
Vice Mayor Plummer: Well.
Mr. McManus: What we had visualized at one point in time, in history with
what zoning was, that the liveaboard and the housebarge was going to count
against the count of housing units on the property itself.
Vice Mayor Plummer: And then my question is, in his particular...
Mr. McManus: Now, that was never done though.
Vice Mayor Plummer: In his particular case, does he comply with the zoning in
relation to density when you add six floating residents to that property?
Mr. McManus: I can't answer that without looking...
Vice Mayor Plummer: Well don't you think somebody should?
Mr. McManus: Certainly Commissioner, we would follow up on that.
Vice Mayor Plummer: It would seem logical to me. OK. You can disagree with
that if you want, sir.
Commissioner Alonso: That's right, but it will be unfair that he is the only
one, because he is standing in front of us, that we...
Vice Mayor Plummer: Excuse me. I didn't mean, just him.
Commissioner Alonso: OK.
Vice Mayor Plummer: I am saying, all of the properties that are involved.
That has to be the question answered. I am assuming that some of them... am I
assuming correct that some of them are in adjacent to single family
residential property?
Mr. McManus: That's correct.
Vice Mayor Plummer: So, we know without question, that if there are two
families living there, that that is basically in violation of what we try to
accomplish in a single family residence. That's the point from a zoning
aspect that I was asking.
Mayor Suarez: Let me state for the record.
Vice Mayor Plummer: I wasn't picking on him, individually.
Commissioner Alonso: No.
Mayor Suarez: Hopefully, I reflect the Commission memory of all of this and
where we are. I think we have stated that we are, as the majority of us are
favorable to maintaining the existing barges on the river and that's what you
have prepared, an ordinance to accomplish that. ;
Vice Mayor Plummer: Correct.
Mr. McManus: That's correct.
Mayor Suarez: There are many other thing Vice Mayor Plummer has raised over a
time, and even today, creative things that have to do with how we could
further tighten down on this, or obtain some sort of contribution to the well
being of a City on a whole, or at the very least, make sure that everybody is
being taxed equally and fairly. And that may be something to consider. But I
hope this Commission doesn't reopen the issue of whether we're going to allow
the barges as defined and as discussed in the past, the ones that are there to
be grandfathered in. Because if so, we are going to want... they are going to
want to introduce all kinds of testimony and have all kinds of witnesses, and
I think that you are safe, hopefully, on that vote, on that issue.
210 July 25, 1991
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Mr. Crespo: If I could conceptualize it, I think I aspire to some of the
issues.
Mayor Suarez: Go ahead and state that on the record and then we will take it
from that point forward.
Mr. Crespo: My name is Al Crespo, I am the chairman of the Liveaboard
Preservation Association. Let me deal with this in sequence. The first issue
that we want to raise tonight is the issue that Manuel has raised, which is
addressed in the draft resolution.
Mayor Suarez: I was hoping that you would make that the last issue. In other
words, that we would solve where we are and what we all agree on, and then get
to the unique situation that he presents.
Mr. Crespo: Well, we have... OK. Well, it's not that unique.
Mayor Suarez: It's not that unique?
Mr. Crespo: No. That's why it's...
Mayor Suarez: All right, I was afraid of that.
Mr. Crespo: We have five issues that we wish to address. I mean, we have met
with the Planning Department. We feel we have come a long ways. This is a
document, I don't know... first off, Joe, from last month to this month, has
there been any change in any of this material? - because we haven't gotten a
new copy.
Mr. McManus: No.
Mr. Crespo: There were five concerns left after we met, and discussed, and
debated these issues. They are in order of importance to us and the marine
community. The first issue was incorporated within this document is an -
exclusion of pleasure craft as living quarters and residential districts. And
that includes an exclusion, whether it be for one day or for a lifetime. Now,
that means, in its simplest form, that no one, whether it be Donald Trump or a
member of the Waterfront Advisory committee, who is here right now, or any of
you, if you chose to retire tomorrow, and you and your wife boat and wish to
visit anyone, say someone, on Belle Meade Island who has a dock facility, you
could not tie your boat up there - excuse me, and stay overnight. It is
against the law according to this document, for anyone to live on any boat
within the City limits of Miami - for one night, one week, one month, one
year, one whatever. Now, since this is a major waterfront community, there
are many people within the waterfront community, the Marine Council has taken
a position on this, the Waterfront Advisory Board has taken a positions on
this, against this provision. So, that's provision number one, or problem
number one with this. The second problem was, as defined on page 6 of this
document, this is where the question that Manuel has raised. And I'd like to
read to you the thing that we agreed on, whicr is paragraph 4, which says,
permit shall be tagged to individual housebarges, but they can be moved to
other legal locations on the Miami River. Housebarges cannot be substituted
or replaced." Now there was a problem with that. The big question which we
wanted to get some legal definition, which hopefully, would resolve Manuel's
problem and also the other property owners,z is this thing about legal
locations. If a houseboat is currently on a property today, does that make it
a legal location? If so, say for whatever reason, I have a dispute with my
landlord, or someone else has a dispute with their landlord, or for whatever
reason, I can no longer keep my boat there, car. I move it to where there is
another houseboat or was another houseboat. I mean, do these properties also
can constitute grandfathering. It would seem from this, that they do. Which
if you agree to that, would solve the problem of the property owners. Because
the houseboats would be grandfathered in through a permit, the property owners
would be grandfathered in because they have been identified. The City of
Miami has a map. We sat down and devised a map which locates every houseboat
on the river. They have it, we have it, I mean, so, and the property owners
are identified. So that's issue number two.
Mayor Suarez: You know, If I were you...
Mr. Crespo: Yes.
211 July 25, 1991
Mayor Suarez: I would open a door wide enough, perhaps, for this one
gentleman that you say is not so unique. I don't know how many other people _
here.
Mr. Crespo: Yes.
Mayor Suarez: But I wouldn't busy myself trying to open a door so wide, that
you take into account for example, the first of your cases which you said was
the highest consideration, moving the boat, the housebarge, or the houseboat
to another location in the City of Miami, and then being able to sleep there
overnight. I am sure we don't have the enforcement people, we don't have the
ability to stop that from happening for one or two nights.
Mr. Crespo: Yes.
Vice Mayor Plummer: But what constitutes a legal location?
Mayor Suarez: And if you try to open the door too wide, we are going to back
to thinking like Vice Mayor Plummer, that what we should be doing, is
tightening down on this whole situation, figuring out a way to make everybody
who wants to be a conforming use, not just grandfathered in, but permanently,
for these zones to pay substantial taxes for all those services. In other
words, you formalize it, you regularize it, and make it so official and so
sanction, that pretty soon, we want to collect money for all of that. And so,
don't push the door too wide.
Mr. Crespo: No, but appreciate the concern that we are placed in. We live on
the river. We came before...
Mayor Suarez: Yes. As far as something being illegal, sleeping on a boat
anchored somewhere off the City of Miami, almost anything that you do on a
boat or on land is against some law somewhere. I mean, I...
Mr. Crespo: No, but I want you to appreciate that this is a concern...
Mayor Suarez: Most of them cannot be enforced. You know, I mean, in your
homes, you're supposed to have a single family if you are in a single family
area. What if someday you have kind of a couple of families? What if some of
them are contributing a little bit to the upkeep of the rest? What if your
mother-in-law is here? I mean, you get to the point that certain things are
not all that enforceable, and if you try to get so much definition, you're
going to test our patience and our willingness, to adjust to your particular
situation...
Mr. Crespo: Mr. Mayor, I...
Mayor Suarez: ... which is historic, charming, quaint...
Mr. Crespo: I appreciate that.
Mayor Suarez: ... and everything else, but it isn't putting a lot of money
into the City coffers frankly, because you recognize that.
Mr. Crespo: I have no argument with that. My only concern and why I'm here
presenting this argument, is you have to appreciate that there is a larger
marine community out there, and it's their concern as well as ours. And it
also... and I am here as a spokesman for all of this and there are other
people who are going to address that before this evening is over, I am sure.
Mayor Suarez: Well, just don't embrace the whole world, because you may find
at some point that you don't have the votes up here for everybody.
Mr. Crespo: Well, yes. No, I'm willing to move on to the next issue.
Vice Mayor Plummer: May I make an inquiry, sir?
Mr. Crespo: Yes, sir.
Vice Mayor Plummer: We have had defined for us that there are thirty-four
houseboats in the Miami River.
212 July 25, 1991
Mr. Crespo: Yes. Right.
Vice Mayor Plummer: Has anybody determined how many - I'm sorry,
housebarges...
Mr. Crespo: Right.
Vice Mayor Plummer: ... has anybody determined how many houseboats there are
in the Miami River - presently?
Mr. Crespo: You mean, the smaller vessels as...?
Vice Mayor Plummer: Well basically, to me, the difference between a
housebarge and a houseboat is the propulsion of the craft.
Mr. Crespo: Right.
Vice Mayor Plummer: Do we know how many houseboats...
Mr. Crespo: I think there are two, or...
Vice Mayor Plummer: ... there are in the Miami River, Mr. McManus?
Mr. McManus: No, sir.
Vice Mayor Plummer: But I mean, is there a great abundance of them? Is there
two, is there two hundred?
Mr. McManus: I would...
Mr. Crespo: No.
Vice Mayor Plummer: Because we are speaking to houseboats as well as to
barges, so, I am asking that question.
Mr. McManus: Just from a visual survey going up the river within the City of
Miami, we estimated that the total of houseboats, and housebarges, and
possible other liveaboards is a number around 50.
Vice Mayor Plummer: Total?
_i
Mr. McManus: Total.
i
Commissioner Alonso: About fifty?
Mr. McManus: Of those, we've identified thirty-four here. It isn't a big
number.
Vice Mayor Plummer: Thank you, sir.
Mr. Crespo: All right. The third concern was one that was raised at the time
that we appeared before the Zoning and Planning Commission review, the review
committee. They passed a motion at the end of the hearing that would give a
one year moratorium on code violation, because if they... some code violations
might require taking one of these boats and put�them on a dry dock. So, this
was something that I though would be incorporated in the literature somewhere,
that the Zoning and Planning Review Committee did pass this unanimously, and
this was their recommendation. So, I haven't seen it and that's why I have
raised that. The next thing is, on page... on my document where it says,
specific definitions, there is a sentence that says "floating structures are
expressly excluded from the definition from the term 'vessel' provided in
S327.2(27) F.S.." And I have given documentation to both the Zoning and
Planning Department and to... I guess, through them to the City attorneys,
that the Fifth Circuit Court of Appeals in the last decision that was made
concerning houseboats or housebarges ruled that for all legal terms, the term
housebarge was classified as a vessel. And I have here copies of that ruling,
although the Fifth Circuit Court of Appeals have now been divided into a fifth
circuit and an eleventh circuit, there has been no new definition or no new
court ruling, and...
Vice Mayor Plummer: How does the Coast Guard categorize it?
213 July 25, 1991
Unidentified Speaker: Vessels.
Vice Mayor Plummer: As vessels? Do they issue FL numbers?
Unidentified Speaker: Anything that float on water. Yes, they have
identified numbers.
Vice Mayor Plummer: You say you can get one. Is it mandated that they must
have one as other boats must have one?
Mr. Crespo: I can't answer that, sir. I don't know.
Mr. Michael Burtt: If the boat does not have a motor...
Mayor Suarez: Can you give us the names? Can you not interrupt Mr. court
reporter? I'll take care of getting the names.
Mr. Burtt: Excuse me. My name is Michael Burtt, I live in the anchorage. If
the vessel does not have a motor, it is not required to have FL numbers.
Vice Mayor Plummer: OK. It's not required. You're saying, you can get them
if you want them.
Mr. Burtt: You can get them if you want them.
Vice Mayor Plummer: OK. Well, the reason I am asking is, is for purposes of
identification of those that would be grandfathered in. How would we
otherwise know what actual vessel is grandfathered in if it didn't have an FL
number? I don't know any other way, but through an FL number.
Mr. Burtt: I'm sorry, sir. I was...
Vice Mayor Plummer: As part of the ordinance, if we wish to make that
determination, we could require that they do have an FL number, I'm sure.
Mr. Crespo: OK. The last concern we have is a philosophical concern. We had
discussed last time and at that time, Mr. Mayor, you had indicated that while
you might be in favor of perhaps, allowing new boats, you thought perhaps,
other members of the Commission might not. When we entered into the
discussions with the Zoning and Planning Department, because there was no
clear cut mandate one way or another, it was decided that this was a decision
that needed to be reached by the Commission. We would like to propose that
there be a substitution of one on... one per one boat. I mean, if one boat
left, one boat could be substituted. This would also resolve the problems of
the property owners who have...
Vice Mayor Plummer: That's not a moratorium.
Mr. Crespo: ... historically, had houseboats on their property. For
instance, if I left, you're saying that Manuel couldn't have another boat. If
two or three people leave, then two or three people. If you allowed...
Mayor Suarez: No.
Mr. Crespo: ... a one for one substitution which could be included at the end
of page 6, paragraph 4, except on a one to one basis. I mean, but that's a...
Mayor Suarez: The old allow one more generation, but not two generations.
The kids... the sins will be visited on the children but not the
grandchildren, right?
Mr. Crespo: Yes.
Vice Mayor Plummer: And not in my backyard.
Mr. Crespo: Welt...
Mayor Suarez: You've pushed the door open in three or four different
directions. I think the Commission has to set policy, you've argued your case
very well. Every time you push the door in one direction, it makes sense,
given what we are trying to do. On the other hand, the more you make
exceptions, the more this whole thing becomes clumsy...
214 July 25, 1991
Mr. Crespo: Again... yes.
Mayor Suarez: ... and difficult to regulate, and create problems of
interpretation. I can just see your situation. The moment you allow one
transfer, or one change, I can see all kinds of people creating entities
and...
Vice Mayor Plummer: Yes.
Mayor Suarez: ... I don't know.
Mr. Crespo: Well, the things are...
Mayor Suarez: Who does accrue to? Does it accrue to the transferee, to the
individual to change one vote... one boat? - not thinking of votes right now,
thank God. Does anybody have any ideas?
Vice Mayor Plummer: Well...
Commissioner Alonso: We have an idea.
Mayor Suarez: Let's tackle this one door that is being pushed by this
gentleman here.
Mr. Crespo: Yes.
Mayor Suarez: Because that obviously... are there other people that are
affected by this problem? - of being property owners as opposed to barge
owners, that want to take advantage of this?
Commissioner Alonso: Property owners?
Mayor Suarez: OK.
Commissioner Alonso: Do we have any idea.
Mayor Suarez: Basically, it...
Vice Mayor Plummer: Let me...
Commissioner Alonso: Excuse me.
properties involved in this process?
Vice Mayor Plummer: Thirty-four.
Do we have any idea, the number of
Commissioner Alonso: Do we have any indication?
Vice Mayor Plummer: Less than thirty-four.
Mr. McManus: Well, it'll be less than... as the Commissioner said, it'll be
less than thirty-four...
Mr. Rodriguez: May I offer a suggestion?
Commissioner Alonso: Terrific.
Mr. McManus: ... and this gentleman has indicated, he has six on his
properties.
Commissioner Alonso: Well, the truth is, when we ask for the taxes, we hear a
number. Then we say that we have thirty-four, but who knows? Maybe, it's not
thirty-four, but more than that. Is it possible?
Vice Mayor Plummer: Have the properties been identified, Joe?
Mr. McManus: No. Just the houseboats.
f
Vice Mayor Plummer: Well, but I mean, if you have identified the
houseboats...
Commissioner Alonso: They have an address.
215 July 25, 1991
Vice Mayor Plummer: ... obviously, you have identified them in front of a
property.
Mr. McManus: Well, you can see that on the map here. The red dots indicate
the location of the housebarges.
Vice Mayor Plummer: But have you tied that in the ordinance of the moratorium
to the property legal... the legal property? OK. There is one other area
that I would want to explore. I heard the statement of code violations within
one year. Now, in certain instances, I think that's reasonable. Has the Fire
Department spoken to serious violations that could create a real problem
overnight in reference to fire? - as we know unfortunately, with boats, they
are very volatile with gasoline and alcohol. And I would be very concerned of
allowing code violations of that kind to exist for a year. OK?
Mr. Crespo: We don't disagree with that.
Vice Mayor Plummer: So, what I am saying, if it's structural...
Mr. Crespo: Yes.
Vice Mayor Plummer: ... or something of that nature, a year is reasonable.
OK?
Mr. Crespo: Yes.
Vice Mayor Plummer: To get them pulled out and to get those kind of things.
But code violations that are real explosive items - I don't know any other way
to term it, I think, have to be complied within a very short period of time.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Yes, Commissioner Dawkins.
Commissioner Dawkins: I'd like one question answered, but it has three parts, _
and that's... anybody can answer it. What is the procedure for the disposal
of human waste, solid waste, and dirty water, such as dish water, washing of
clothes? What is the procedure for the disposal, of such?
Mr. M. Rodriguez: It is very loose. Some of them have holding tanks, some of
them processing tanks, most of them - pump it on the river.
Commissioner Dawkins: Or in the ocean?
Mr. M. Rodriguez: They go on the river.
Vice Mayor Plummer: In the ocean or in the river?
Mr. M. Rodriguez: On the river.
Commissioner Dawkins: In the river that floats in the ocean.
Mr. M. Rodriguez: Because they are in the river, so that's why I said, in the
river.
Mayor Suarez: So...
' Vice Mayor Plummer: Which is strictly illegal, immoral, and fattening.
Mr. M. Rodriguez: Yes. But, there is not a set of regulations they can
comply. At my property, Mr. Nasario, from DERM (Department of Environmental
Resources Management), when one day he start citing people for it, I called
him, and said, hey, what do we have to do to comply with the regulations? He
said, I'll check and I'll find out. He called me back three days later, and
said, there are about ten different sets of regulations. The Coast Guard,
Corps of Engineers... he informed me that the City of Miami will not allow to
j hook up, since the ordinance was on all these melee and we don't have a
conclusive situation. I imagine after today, if you approve it, the City of
Miami will allow hook up to a sewer system which is really, what has to be
done. And if like you comply with my grandfather clause...
f
216 July 25, 1991
4W 4W
Vice Mayor Plummer: That's not true. It's not true.
Mr. M. Rodriguez: ... hey, I am willing to connect - I am all for it. I want
that river clean.
Vice Mayor Plummer: Excuse me...
Commissioner Dawkins: So therefore, the thirty-nine...
Vice Mayor Plummer: That's not a true statement.
Commissioner Dawkins: ... vessels are pumping waste into the river, polluting
the river?
Mr. M. Rodriguez: Maybe, twenty-four of those. Maybe, less.
Vice Mayor Plummer: Excuse me. That's not permissible today.
Mr. Crespo: We don't know how many sir.
Commissioner Dawkins: All right. Since... you can go the other way then.
Tell me... tell me those that you know that are'not polluting the water, what
are they doing?
Mr. Crespo: Oh, no. I pollute the water, and I am the person that wrote DERM
last November after I talked to Manuel, sir. We are prepared to tie into the
City sewer system tomorrow. And he came out and said, no, you can't do that.
Commissioner Dawkins: But how can you connect to the water system, when you
do not pay water and sewerage fee?
Mr. Crespo: He pays. He pays for it.
Unidentified Speaker: I pay.
Commissioner Dawkins: But... so you... all right, well, then the one ones who
are not going to hook up as he did, now what am I going to do?
Mr. Crespo: Well, sir, our position is, we are prepared to do whatever the
Coast Guard... to meet whatever Coast Guard qualifications are.
Commissioner Dawkins: All right. Mr. City... see, like the Mayor says, you
keep going backwards and forwards.
Mr. Crespo: But, I would like to point out...
Commissioner Dawkins: Mr. City Manager.
Mr. S. Rodriguez: Yes, sir.
Commissioner Dawkins: Find out what has to be done to bring these boats into
compliance...
Vice Mayor Plummer: They've either got to have a self-contained system, or a
pump out. That's it.
Commissioner Dawkins: ... where they are non-polluting and then...
Mr. Prieto: Yes, sir. That's it.
Commissioner Dawkins: ... we'll talk in terms of how to grandfather in or
grandfather out.
Vice Mayor Plummer: Well, that's simple, Mr. Dawkins.
Mr. S. Rodriguez: Do we have an answer here?
Vice Mayor Plummer: At the present time, they either have to have a self-
contained system on their vessel, or they have to have pump out facilities.
That's it.
217 July 25, 1991
Unidentified Speaker: That's part of the inspection. That's part of the
goddamn inspection that they are going do. They are going to vote just now,
Al, we're going to lose it.
Mr. Crespo: Well, we probably are.
Commissioner Dawkins: All right. The self-contained... well, Commissioner
Plummer, the self-contained system...
Vice Mayor Plummer: Yes, sir.
-f
Commissioner Dawkins: ... contains how much waste?
Vice Mayor Plummer: Sir, no, a self-contained processing system aboard
vessels.
Commissioner Dawkins: Does what?
Vice Mayor Plummer: That contains the same thing as if they were going
through a primary and a tertiary. You might recall that down here we
demanded, and we heard the hue and cry that we're demanding they put the water
-; back into the bay cleaner than they took it out to flush with. But that is
_ the Coast Guard regulation, that you have to have a self-contained processing
system aboard your boat, or a pump out station.
Unidentified Speaker: No, you don't.
Vice Mayor Plummer: Well, sir, you can disagree, but that's my knowledge.
Unidentified Speaker: That's wrong.
Mayor Suarez: OK.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Crespo: Excuse me, excuse me.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: You can't testify from there.
Commissioner Dawkins: OK.
INAUDIBLE COMMENTS NOT ENTERED INTO THE RECORD.
Mayor Suarez: Wait, wait, wait.
Vice Mayor Plummer: It's not a matter whether they can handle it.
Mr. Crespo: Sir, sir, sir.
Mayor Suarez: We can't testify. We're not picking up what you're saying, and
you are out of order. If you want to approach the mike you can advise him, or
you can go ahead and speak yourself.
Commissioner Dawkins: OK.
Mr. Crespo: Look, we are prepared to do whatever it is. I mean, we have
tried to make that offer and we have... wherever we have come, I mean, we've
met with all of you at one time or another and have extend... yes, expressed
our desire to resolve whatever issues. But I would like to point out on this
issue of sewerage and pollution. Every time that we talk about the Miami
River and houseboats, people who live on houseboats are used as the whipping
boys for why the Miami River is polluted. We are pointed out as the people
who pollute the river.
Commissioner Dawkins: I resent that.
Mr. Crespo: Well, no sir.
Commissioner Dawkins: No, no. Wait not, I resent that because I just raised
a question, and I am not using you as a whipping boy.
218 July 25, 1991
11
Mr. Crespo: No, I...
Commissioner Dawkins: Because if the only pollution of the Miami River was
what you were doing, it wouldn't be that much of a problem. No, the Miami
River is being polluted from one end to the other by toxic waste, paint
spilled in the water, vessels being repaired, chipping and scrapping, and...
i
Mr. Crespo: Airplanes.
Commissioner Dawkins: ... the bilges being pumped in... I mean, oil in the
bilges being pumped into the water. So, don't say, Miller Dawkins...
Mr. Crespo: No, I am not, sir.
Commissioner Dawkins: ... is the one who is saying that the houseboats are
the whipping boys.
Mr. Crespo: No, I'm not.
Commissioner Dawkins: OK. All right.
Mr. Crespo: What I am saying is, that the Miami... that... what's the name of
the paper that's out here every week?
Commissioner Dawkins: The Miami Herald.
Mr. Crespo: No, no, not the Herald. That little...
Commissioner Alonso: No, no, the Miami Times, is it?
Vice Mayor Plummer: Miami Today?
Unidentified Speaker: Miami Review?
Commissioner Alonso: No, no, he means the tabloid?
Mr. Crespo: New Times did a... a paper which is dear and near to the hearts
to all public officials in Dade County.
Vice Mayor Plummer: Yes. Of course. Yes.
Mr. Crespo: New Times did a...
Mayor Suarez: Don't bring the New Times into this.
Commissioner Alonso: Before, it was only the Herald.
Mr. Crespo: I mean, they cited us last year as being the pollutants of the
Miami River, and we recognized it.
Commissioner Dawkins: Did you read the article they wrote on Miller Dawkins?
Mr. Crespo: No, sir.
Commissioner Dawkins: The same difference.
Mr. Crespo: Well, then we are all in the same boat.
Mayor Suarez: Now, you can bring the New Times into this if you are going to
criticize them, but not if you are going to use them in any way to support
your position. It doesn't help.
Mr. Crespo: No. Our position is, we want to do whatever it takes to resolve
any issue. You know, as long as we can do it In a rational and intelligent
way. You know, and like I said, I wrote a letter last November, and I have it
here in one of these folders in which I've said, hey, where I live, we are
prepared to do this, and they came back and said, well, no, you can't do that.
So, because we didn't know what the issues were until we resolved this, we
don't know how to approach it in a way to solve it. It will be great if we
could tie into the City Sewer system.
219 July 25, 1991
Vice Mayor Plummer: Mr. Mayor.
Mr. Crespo: That will once and for all, solve the problem.
Mayor Suarez: Yes, please.
Vice Mayor Plummer: Can I state my position very clearly.
Mayor Suarez: Yes. And then, we have to act here folks.
Vice Mayor Plummer: My position is, we grandfather the thirty-four that are
presently known and identified with the following provisions. Number one,
they must meet whatever requirements of water and sewer. Number two, any code
violations of a serious nature must be complied with within a very short
period of time, and other code violations be corrected within one year. And I
know this is going to be unpopular, but I also would recommend that they must
have an FL number and pay ad valorem taxation for the services which they
receive from this City. Now, that's my position. And if the motion that is
made at the concurrence of this - we are protecting those who are there
presently, if they move out, then that privilege is gone.
Mayor Suarez: So moved. What are you saying, Joe?
Vice Mayor Plummer: No, I'm not moving it, sir. I am stating my position in the record. OK?
Mayor Suarez: Well, I am ready to accept it as a motion. I am ready to _
accept anything as a motion here.
Vice Mayor Plummer: If you want it as a motion... I want to give everybody
the right to speak though.
Mr. Crespo: OK.
Mr. Burtt: Thank you, J.L.
Commissioner Alonso: Yes. I have a question. About the ad valorem taxation
on these housebarges. How is it going to be done?
Vice Mayor Plummer: Whatever the value is, the millage would be applied.
Mr. Joel Maxwell: Mr. Vice Mayor, the levying of taxes is not something that
the City of Miami does. It is set by State law. So, we would have to have
authorization from the State legislature to do that. And it would...
Vice Mayor Plummer: Whatever...
Mayor Suarez: But we are building in all those kinds of safeguards that make
it easier for State law to operate by requiring this as part of our...
Mr. Maxwell: And it would come through Dade County.
Vice Mayor Plummer: Sir, if you are paying ad valorem taxation, God bless
you. God bless you.
Commissioner Alonso: In the meantime, personal property taxes I think, they
will be able to assess all of the thirty-four housebarges and they can start
paying. Because I understand they said - thirteen is the number that is...?
Vice Mayor Plummer: Yes. Joe only want thirteen I understand.
Mr. McManus: We identified thirteen that are currently on the tax rolls of
the thirty-four.
Commissioner Alonso: It means that the rest has registered and get...
Vice Mayor Plummer: That question... obvious)y, to answer your question,
there is a formula. This man is paying ad valorem taxation.
Commissioner Alonso: Yes, I think that's good for him.
220 July 25, 1991
0 0
Vice Mayor Plummer: And all I am saying is, that the rest of them should do
likewise. That's what I am saying. This includes School Board, include City
and County, surely.
Commissioner Alonso: May I see, so I can...
Mr. Maxwell: Your ordinance then, Mr. Vice Mayor, would indicate...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Maxwell: ... excuse me, sir. Your ordinance would indicate an intent on
the part of the City Commission that this be done, but it would not be a
requirement?
Vice Mayor Plummer: No. It would be a requirement that they must pay ad
valorem taxation.
Mr. Maxwell: Well...
Vice Mayor Plummer: Yes, very definitely. Look, it's just so simple to me.
They... and I hate to be repeating myself. They are like any homeowner
requesting services of police, and fire, and all of the rest, and I pay for
that privilege, I think they should. They have children that go to school,
they should pay school taxes as I do. They go to a library, they should pay
library taxes. I don't think they should be exempt just because they wish to
have the privilege of living on a boat. That's their prerogative. My
children are no longer in school, but I still pay school tax. OK? I don't go
to the library, but I pay a library tax. And I think if I have to pay it as a _
homeowner, if that's their home, they should have the same right to pay their
fair share. That's my feeling.
Commissioner Alonso: They have a system, so...
Vice Mayor Plummer: There is obviously a system because he is paying it.
Mr. Crespo: It is.
Commissioner Alonso: There is definitely a system. It is very clearly
stated. So, definitely, they have a system. Everyone can pay.
Mayor Suarez: All right. As we...
Mr. Paul Kuchukian: There is only one system for taxes, and...
Mayor Suarez: And give us your name and address, please.
Vice Mayor Plummer: That's fine.
Commissioner Alonso: Oh, you leave it to government, there are many systems.
Mr. Kuchukian: It's Paul Kuchukian, 2290 NW North River Drive. There is only
one tax system in Dade County. Whether it's personal taxes, personal property
taxes, real estate taxes, it's the very same millage rate. It is all ad
valorem taxes.
Commissioner Alonso: I'm sorry, that's wrong.
Mr. Kuchukian: Excuse me.
Vice Mayor Plummer: No, sir. Personal property taxes are different sir.
Mr. Kuchukian: According to the Dade County Tax Office, the Appraiser's
office, according to the Director of Finance for the City of Miami...
Vice Mayor Plummer: Sir, your argument doesn't hold water. If in fact there
is only one, then you pay ad valorem, there is no question, you're paying it.
Commissioner Alonso: Well, if they are saying there is only one, I am going
to complain tomorrow.
Vice Mayor Plummer: I'm going to ask for a refund.
221 July 25, 1991
Commissioner Alonso: Because they are charging me twice for many, many
properties.
Vice Mayor Plummer: I am going to ask for a refund.
Commissioner Alonso: Tomorrow, I am going to go there and file a complaint.
Because that is very wrong. And I am going to use your...
Vice Mayor Plummer: Why are you arguing, sir, when you are already paying it?
Mr. Kuchukian: Because it's the perception that the houseboats, because they
are paying personal property taxes, the City of Miami does not get their fair
share.
Vice Mayor Plummer: Personal property taxes does not address the school
system, it does not address Dade County, it address personal property.
i
Commissioner Alonso: Yes, it does.
Mr. Kuchukian: Commissioner Plummer, I hate to disagree. We specifically
went to the City finance director, Director of Finance for the City of Miami.
He assured us...
Commissioner Alonso: Are they here?
Vice Mayor Plummer: Can anyone else here that owns a houseboat show me ad
valorem taxation bill that they have paid. Can anyone here? Anyone here got
one?
Mr. Kuchukian: Do you have yours? This is yours, yes. Let me see if I have
another one. I've got a couple of them, but they are all exactly the same
bill. That's yours. -
Commissioner Alonso: If they are, those are the ones...
Vice Mayor Plummer: There is difference between personal property... Of
course.
Mr. Kuchukian: Now, according to the Director of Finance, the City of Miami
gets the same portion of taxes from personal property that they do for real
property. The only difference is, personal property does not get a homeowners
exemption.
Mr. Don J. Melotti: Correct me if I am wrong, Commissioner, but this is the
same property tax bill, ad valorem, and that says, City and it's actually
school tax.
Vice Mayor Plummer: This does, yes, sir.
Mr. Melotti: That's what I am saying.
Vice Mayor Plummer: This is not personal property tax, sir.
Mr. Melotti: Yes, it is.
Vice Mayor Plummer: It is not, sir.
Mr. Melotti: It absolutely is.
i
Vice Mayor Plummer: You're wrong, sir.
Mr. Melotti: I'm sorry, you're wrong. -
Mr. Kuchukian: A houseboat is taxed as personal property.
1
Vice Mayor Plummer: Well, you...
# Mr. Melotti: I pay it, and I know it is.
Mayor Suarez: OK. We are going to have to get expert answers on this.
i
i
222 July 25, 1991
Vice Mayor Plummer: Sir, I pay two taxes. DO I pay a personal property
tax, and I pay an ad valorem.
Commissioner Alonso: Me too.
Mr. Melotti: This is certainly a personal property tax. You are incorrect,
sir.
Vice Mayor Plummer: Sir, you don't even own personal property.
Mr. Melotti: So, why am I paying it?
Vice Mayor Plummer: You're paying ad valorem.
Mayor Suarez: Wait, wait, wait.
Mr. Melotti: Wrong.
Mr. Kuchukian: Commissioner Plummer.
Vice Mayor Plummer: Yes, sir.
Mr. Kuchukian: Housebarges in the City or in Dade County are considered
personal property, and they are charged ad valorem tax under the current
system.
Vice Mayor Plummer: Sir, here again, as long as all are paying their fair
share, call it whatever you want.
Mayor Suarez: Yes, he is calling the personal property tax payable by a
housebarge, an ad valorem tax.
Mr. Kuchukian: Well...
Vice Mayor Plummer: You're getting services, you should have the right to pay
for them.
Mr. Melotti: Please, read that to me...
Vice Mayor Plummer: Sir, I read very clear English that said...
Mayor Suarez: Just leave it for the Commissioner, he'll look at it.
Vice Mayor Plummer: ... ad valorem taxes.
Mr. Melotti: That's not what I am pointing to.
Vice Mayor Plummer: Sir, I don't care what you are pointing to.
Mayor Suarez: Sir, you can't argue with him.
Vice Mayor Plummer: Read it.
Mr. Melotti: Does that say, houseboat occupant?
Vice Mayor Plummer: Sir, I understand. But do you understand what this
says? - ad valorem taxes.
Mr. Kuchukian: Did the City Attorney write a letter?
Unidentified Speaker: No.
Vice Mayor Plummer: It doesn't say, personal property taxes. Sir, it isn't,
you know...
Mayor Suarez: All right. We are arguing around and around...
Mr. Kuchukian: All right.
Vice Mayor Plummer: A tittle bit of information is dangerous.
Mr. Kuchukian: Can I move on to one other thing.
223 July 25, 1991
A
.j
ApAI
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Sir, please have a seat. It's not helping your cause, believe
me, if you...
Vice Mayor Plummer: I wish that was true.
Mr. Kuchukian: Dade County property office, the property appraisers office
has assured me that they are aware of all of the houseboats. That they do
appraise these houseboats and they do have tax bills on these.
Mayor Suarez: OK. Apparently, you are going to get all kinds of help in that
effort from...
Mr. Kuchukian: Right.
Mayor Suarez: ... the Commission if this motions passes as being proposed.
Mr. Kuchukian: I agree..
Mayor Suarez: It hasn't even been made yet, but...
Mr. Kuchukian: Second...
Vice Mayor Plummer: Mr. Mayor, the only question that I would have to ask at
this point, according to Mr. McManus, not me, that the tax records only
indicate that thirteen out of thirty-four are paying.
Mayor Suarez: We obviously have to check...
Vice Mayor Plummer: So, they are all not...
Mayor Suarez: ... on the deficiency there if thirteen are missing.
Mr. Kuchukian: Right.
Mayor Suarez: And that's, you know, something that we intend to make and
build into...
Vice Mayor Plummer: Eighteen.
Mayor Suarez: ... our motion, if it ever gets made and ever passes here.
Mr. Kuchukian: Secondly, I just wanted to address Commissioner Dawkins'
question about...
Mayor Suarez: At your own risk.
Mr. Kuchukian: ... sewer fees, because virtually all of the houseboats get
their water from land. The land water goes through a water meter, and that
meter is... the people pay a fee for the water and the sewer use. So, even
though they are not using the sewer, they are still paying for sewer.
` Vice Mayor Plummer: That's correct.
Commissioner Alonso: That's right.
Vice Mayor Plummer: You're correct, sir. For every dollar you pay of water,
a
you have one dollar for sewer whether you use it or not.
Mr. Kuchukian: Right. So, they are paying for sewer and will continue to pay
sewer fees whether they use the sewer or not.
Vice Mayor Plummer: The only thing I've...
Mr. Kuchukian: And thirdly...
Commissioner Dawkins: See, my concern is not paying, because Dade County gets
the money so it doesn't help the City of Miami at all. My concern is the
pollution of the water.
224 July 25, 1991
Mr. Kuchukian: And I absolutely agree.
Commissioner Dawkins: That was my only concern. _
Mr. Kuchukian: In every meeting that I had with the Building Department in
helping to draft this legislation, I had brought up the point... Manuel had
specifically requested, what did he have to do to connect his slips to the
City sewer system. The Building Department said - well, he was told, he could
not get a permit for that. At every meeting I asked Mr. McManus if he had
looked into it...
Vice Mayor Plummer: Wait until he gets that bill.
Mr. Kuchukian: ... and found out why we couldn't hook up to the sewer system,
I have yet to receive an answer for that. However, we did address it in this
issue, in page 6, paragraph 3, it says, "Housebarges must meet applicable
sanitary and safety standards." So we did address that, and it is a concern
of ours.
Vice Mayor Plummer: Wait until he gets the bill for running that sewer line
down to the housebarges.
Unidentified Speaker: I know.
Vice Mayor Plummer: He is going to have a heart attack.
Mr. Kuchukian: We know, but I mean it's...
Commissioner Alonso: It's worth it.
Mr. Kuchukian: We feel it should be done.
Commissioner Alonso: Yes.
Vice Mayor Plummer: We agree. Good evening, professor.
Mr. John Brennan: Do I get...? Good afternoon, J.L. Just as a little aside,
J.L., boats that don't have motors generally don't have big gasoline fires -
that's just an aside. My name is Brennan and I am chairman of the Waterfront
Board. And I am here just to tell you what the Waterfront Board is suggesting
to this Commission. First, you've got about a dozen real boats on the river
and you've not talked about them. People living on, like real boats,
sailboats, power boats, and so forth, we think they ought to be grandfathered
in with the others, just as part of the total package. The second suggestion
that the Waterfront Board made, was that we make a one year moratorium, that
you make a one year moratorium on enforcing any kind of laws. Step three is
to determine what the purpose of this particular ordinance is. The Waterfront
Board asked why, or what are you doing? The Zoning Board asked, what are you
trying to do? The Mayor asked, what do you people want with this ordinance?
Nobody knew, nobody even knows who asked that this ordinance go through.
Vice Mayor Plummer: I can answer that, John.
Mr. Brennan: Can you?
Vice Mayor Plummer: Sure.
Mr. Brennan: Who?
Vice Mayor Plummer: This all started...
Mayor Suarez: Belle Meade.
Vice Mayor Plummer: ... with the lady in Belle Meade who tried to attach a
1lveaboard vessel to a vacant piece of land. You might recall that she was
scaring the seagulls. That's where this all started.
Mayor Suarez: Don't get into too much history.
Mr. Brennan: So much for the history. If you gentlemen want them to pay
taxes...
225 July 25, 1991
Mayor Suarez: Lady and gentlemen.
Mr. Brennan: ... that's fair, you want them to be hooked up to the sanitary
system, that's fair. Please, tell the staff what you want, a year from now we
will get a new ordinance that makes some kind of sense. Thank you.
Mayor Suarez: All right. Commissioners, what's your pleasure?
Commissioner Alonso: I agree, a hundred percent.
Vice Mayor Plummer: Well, the only problem that I have with that reasoning
John, if you don't declare... I don't mind putting the ordinance in a year
from now as long as long as you a declare a moratorium today on any new ones.
OK? Now, if you don't, if the ordinance doesn't go in for a year, I can
envision multiplying by great numbers, the amount of houseboats... housebarges
to get in prior to be grandfathered.
Mayor Suarez: All right. Propose anything that makes sense to you in light
of what he said, and presumably, in accordance with our legal constraints.
i Have you heard the discussion? - the direction we are heading in? Assuming we
have a consensus to allow this use for the existing thirty-four for another
year as we try to develop...
Vice Mayor Plummer: Excuse me. I am not stipulating a year. I am saying
that as long as they stay there, if it's two years, or three years, as long as
that one that is there today is there, they are grandfathered. If they move
it, or they sell it, or whatever they do with it, there is no grandfather to
the space. It is to that vessel. That was why, Mr. Mayor...
Mayor Suarez: Yes.
Vice Mayor Plummer: ... I demanded that they must have an FL number.
I
Mayor Suarez: That's what was being proposed.
Vice Mayor Plummer: No, not... you said one year. That's...
Commissioner Alonso: No, he said, extension.
Mayor Suarez: No, that was what was being proposed at the beginning of this
whole argument, except they wanted to open a door in two or three other
directions including the possibility of someone like the gentleman, Manuel,
right?...
Mr. M. Rodriguez: Yes.
Mayor Suarez: ... who has property that has houseboats attached to it and
would like those to be grandfathered in, those locations, those dots, for a
' lack of a better word, and some other concerns they had including the
possibility of replacing boats, et cetera...
Mr. Crespo: Hurricanes.
Mayor Suarez: ... and you presumably, are not interested in trying to pursue
those. I thought Commissioner Alonso was saying, maybe, this whole thing
would take another year's review until our staff come up with a totally
rational way of regulating this, and in the meantime, we would grandfather the
existing ones in there while we try to figure out what to do.
{ Vice Mayor Plummer: With a moratorium on any new ones?
Mayor Suarez: With a moratorium on any new ones. That was what I thought you
were heading in, and then...
Vice Mayor Plummer: That's fine.
Commissioner Alonso: That's what I said.
Mr. M. Rodriguez: Mr. Mayor.
s
Mayor Suarez: And maybe, in that moratorium, I'm sorry, in that grandfather
for the moment, we can add, you know, existing slips too that have the
otherwise lawful housebarges.
226 July 25, 1991
Mr. M. Rodriguez: Mr. McManus, and I am going back to January, he had an
idea. There is a district in Miami, SD-4, it's just a small district.
Mayor Suarez: It's an overlay district.
Mr. M. Rodriguez: Which is - you could allow housebarges there.
Mayor Suarez: That's what we are doing.
Mr. M. Rodriguez: And then... but, you could allow any housebarges in there.
Leave that open and restrict the housebarges everywhere else.
Vice Mayor Plummer: No, he is saying, forever and ever.
Mayor Suarez: That's what we are doing except that the Commission doesn't
seem to be inclined to just allow it flat out.
Vice Mayor Plummer: Mr. Mayor, if you want, I have no...
Mayor Suarez: Somebody propose something please - 7:34 pm.
Commissioner Alonso: I am one of those who think, what are we doing.
Vice Mayor Plummer: I have no objections to the year.
Commissioner Alonso: This is insane.
Mr. Crespo: Mr. Mayor...
Mayor Suarez: Wait, wait, wait. No, somebody up here, please, because you're
not going to vote on it and we've got to vote. Either... I'll go either way.
I mean, I'll even go to just sort of the state of nature here, going back to
where there was no regulation. None of this to me seems like it's going to
affect our lives and it could affect their lives if we don't do it right. I
mean, I...
Commissioner Alonso: We never had any problems before, and now we have all of
this nightmare.
Mayor Suarez: There was never any problems with housebarges in this area of
the river, so I mean, I...
Mr. M. Rodriguez: Mr. Mayor, Can I ask you to forget about it and approve
housebarges anywhere? We never had a problem, and why should we go through
all this. Go back to nature. And enforce the regulations.
Commissioner Alonso: But the last part is kind of a contradiction.
Mr. M. Rodriguez: No.
Commissioner Alonso: Up to that point.
Vice Mayor Plummer: There are no regulations.
Mr. M. Rodriguez: Enforce the regulations so the water should be treated
before it goes to the river.
Mayor Suarez: State, Federal, DERM, every...
Mr. M. Rodriguez: Every regulation we got should be enforced.
Mayor Suarez: ... regulation that there possibly could be. Well, I'm ready
for anything. Like I said, I think I'm the most liberal on this, so try me.
Vice Mayor Plummer: Mr. Mayor, I technically made a... in my statement of my
position, a motion, and I'll offer that now at this time as a motion.
Commissioner Alonso: Would you refer... say it again, I don't remember it.
Mayor Suarez: Restate it, please.
227 July 25, 1991
J
Vice Mayor Plummer: My motion is, is that we grandfather 1n those thirty-four
that have been identified. - with the following provisions. One, they must
get an FL number so that we can easily identify which boat is moratoriumed in,
with a legal description of the property of where it exist. Number two, any
serious code violations must be brought in compliance within a very reasonable
short period of time, and all code violations must be brought in to compliance
within one year. The ad valorem taxation or personal property in which they
pay for services rendered they pay for - I call it ad valorem, whether they
want to call it something else, but services must be paid for. And I think it
is only reasonable that they must be in compliance with the sewerage
regulation discharge of waste within, I would say, six months is reasonable.
Is that reasonable, Joe?
Commissioner Alonso: Or a year - one year.
Vice Mayor Plummer: One, year? - fine. In compliance within one year. That
would be my motion sir.
j Mayor Suarez: So moved. You're not going to try for a modification that —
allows his continued use?
Commissioner Alonso: And then... yes, what about it?
Mr. Rodriguez: Can I...?
Mayor Suarez: Wait.
Vice Mayor Plummer: What?
Mayor Suarez: His continued use. In other words, the ability of a property
owner who has an existing dock that is not being used by a lawful housebarge
to continue that if he rents it out to a different one?
Vice Mayor Plummer: Then Mr. Mayor, we are not in effect applying a
moratorium. Because that means nothing, that if that boat moves another one
could move in. So, we are not really grandfathering in the boat or the
j vessel, we are grandfathering in the slip. So I am saying to you that we are
grandfathering all of those that are there - we are protecting those. We are
not protecting... and what I think that the thing is that we are trying to
accomplish, is to come about where these vessels will not be as they are
today.
Commissioner Alonso: Commissioner, but you are really penalizing the person
who was the law abiding citizen, who has been paying the taxes, paying the
water and sewer services, he has complied with the law. Maybe, when acquired
that property, he bought the property because of the attraction that it had -
this additional income. And now, we are telling him or her, half the way,
now, stop. To me, that's not fair.
Vice Mayor Plummer: Well let me ask this question. That's fine with him.
What about his next door neighbor who says, hey, I want the same privileges
that he has, and the next door neighbor, and the next door neighbor, and the
next door neighbor?
Commissioner Alonso: That's fine, but when I buy a property, I buy the
property that is grandfathered and it doesn't mean that my neighbor can build
the same structure that I have. And I have no choice under the law. So what
difference does it make? And we don't go around saying, because the neighbor
wants to have exactly the same thing, and no one has been bothered by that
before.
Mayor Suarez: You want to make a substitute motion?
Mr. Rodriguez: Mr. Plummer.
Commissioner Alonso: I really... I will have to... I will need some guidance
from the legal department and the administration as to how we can help. At
least, this Commissioner would like to find some solution to this problem. To
help, how do I do it, let me know because I don't know exactly how can I make
a motion that will cover his case that I am sure exists, all through the City
of Miami.
228 July 25, 1991
Vice Mayor Plummer: Well, can I offer how you do it? You moratorium in the
slip rather than the vessel - that's what you're doing.
Mr. Maxwell: That's the same thing.
Mayor Suarez: All right, would you make that modification and make it into a
form of a motion? See if it get's a second, as a substitute motion,
Commission Alonso? Does that make sense, Joe?
Mr. Maxwell: How do you moratorium in a slip?
Commissioner Alonso: Do you all agree with this?
Mr. Maxwell: I am sitting here trying to imagine how does one moratorium in a
slip. I don't know what practical good that would do if... what you're saying
is, if he uses it for that purpose - basically, you're saying that he can use
it for that purpose forever.
Vice Mayor Plummer: That's what you're saying.
Mr. Maxwell: The slip is there. I mean, it doesn't change its character.
Unidentified Speaker: You are very right.
Mr. M. Rodriguez: Correct, but I've got to have the right to... if somebody
moves or dies, or whatever happens. So...
Vice Mayor Plummer: Well, yes, that was the only provision that Commissioner
De Yurre formally stated. That if they sell the property, they lose that
moratorium or that grandfather privilege.
Mayor Suarez: Yes, like any other grandfather situation.
Commissioner Alonso: That's fine.
Mr. M. Rodriguez: But meanwhile, I can keep that income which is really... I
depend on that income. I need that income to pay for that property.
Commissioner Alonso: That's why we are trying to protect you.
Mayor Suarez: But sir, we are trying to solve your problem and you are not
helping it.
Mr. M. Rodriguez: Thank you.
Mayor Suarez: All right. Does anybody want to try that on a substitute
motion, or a modification of the original motion?
Commissioner Alonso: Well, look at him, he is trying to come up with a
suggestion.
Mr. Maxwell: I don't think that that will solve the problem. And you
can't...
Mayor Suarez: Well tell me something that would solve the problem, please.
Mr. Maxwell: ... what you cannot do, you cannot amend the law for just this
one particular individual, grandfathering just him.
Commissioner Alonso: No, we are not saying, just one. We are saying...
Mayor Suarez: We are not. We are saying, for any person in that
circumstance. We don't know how many there are.
Vice Mayor Plummer: What you are saying is, that the thirty-four slips...
Commissioner Alonso: That's why I asked you how many properties.
Vice Mayor Plummer: ... that are presently there, would be moratoriumed.
Mayor Suarez: Yes.
229 July 25, 1991
Vice Mayor Plummer: The slips, the thirty-four, Joel.
Mayor Suarez: The thirty-four slips that are presently being used by
housebarges are the ones being given the moratorium - or the grandfather.
Mr. Maxwell: But, 1f you grandfather him, you do the same thing. If you
grandfather his property, which I would recommend as opposed to grandfathering
the slips, the same thing.
Commissioner Alonso: The properties.
Vice Mayor Plummer: No.
Mayor Suarez: The thirty-four properties to which thirty-four existing
housebarges are presently attached.
Vice Mayor Plummer: No. The properties at which - there is not necessarily
thirty-four properties.
Mr. Maxwell: You're just grandfathering those properties?
Commissioner Alonso: The properties.
Vice Mayor Plummer: That's correct.
Mr. Maxwell: Grandfathering those properties.
Mayor Suarez: For that use.
Commissioner Alonso: OK.
Vice Mayor Plummer: Mr. Mayor, may I suggest this is on first reading.
Mayor Suarez: Yes, suggest anything.
Vice Mayor Plummer: OK. I will second... I'll amend my motion or second
Commissioner Alonso's, to get it on first reading, and let's think about it
between now and second reading.
Mr. Crespo: Thank you.
Mayor Suarez: So moved and seconded.
Counselor...
Any Commission discussion? -
Mr. Crespo: I wish to address just one...
Mayor Suarez: I can't imagine that we can possibly do better than this folks.
What can you possibly add to this? What are we leaving out?
Mr. Crespo: If the question...
Mr. George McConnell: What does it... take it up here?
Mr. Crespo: One moment.
Mayor Suarez: Well, you just got up after an hour's worth of discussion,
but...
Mr. McConnell: Well, no. They are jumping back and forth here. This man has
been up four or five times...
Mayor Suarez: Well, he is presumably representing a whole group.
Mr. McConnell: ... must be, five and six times.
Mr. Crespo: I represent the group.
Mayor Suarez: I'll let him say something. It's not helping him by the way,
because we've heard him amply over three or four Commission meetings.
Mr. Crespo: Yes.
230 July 25, 1991
Mr. McConnell: I wish you would listen to me then - after this, please.
Mr. Crespo: You'll get an opportunity. But, here is the... if we cannot get
FL numbers - I mean, it was already recommended to do it another way. If there
are no FL numbers, you can still identify the... there is only thirty-four...
you can still identify the boat, you can still put a marking on it, you can
still get a permit if...
Vice Mayor Plummer: Sir, under this new provision of the amendment, you don't
need the FL number, because she is moratoriuming the slip, not the vessel.
Mr. Crespo: Great. Thank you.
Mayor Suarez: All right. Sir, go ahead.
Mr. Crespo: There we go. This gentleman...
Mayor Suarez: Name and address and what you concern is.
Mr. McConnell: George McConnell, I have a... like one of those houseboats in
730 NW North River Drive. I am on the same lot as a, quote, housebarge,
that's going to be moratoriumed in. I'd like to have mine in. I have an FL
number on mine. It's a legal vessel in every way. I am rebuilding it. I
stay on it on weekends. I am going to live on it all the time.
Commissioner Alonso: I don't know why we have created this problem, this is
insane.
Mr. McConnell: Mr. McManus thinks it's very funny that we keep getting more
into it. But he saw fit to draft this up, or someone instructed him to, to
take a legal vessel, and everyone is out, no matter it's made for - mine even
says, houseboat, on it. It looks almost like that but it's forty-three feet
long. And how you can...
Vice Mayor Plummer: Is yours attached to a single family residence?
Mr. McConnell: Mine is to an empty lot.
Vice Mayor Plummer: Is it zoned, single family residence?
Mr. McConnell: I have no idea. It is on exactly the same lot as a houseboat
that is being grandfathered in. I am glad they are getting grandfathered in.
Vice Mayor Plummer: Well, excuse me. I don't know how that houseboat is
going to be grandfathered in based on the fact that they have to hook up to
sewerage within a year, there is no sewerage provided on an empty lot to my
knowledge.
Mr. McConnell: There is sewerage out front.
Mr. S. Rodriguez: What is the address? - the address.
Mr. McManus: 730 NW North River Drive.
Mr. McConnell: This could be done, very simply. This is just a legalistical
problem. There is no problem there at all. That is no problem. But how you
could...
Commissioner Alonso: They have the connection in front of the vacant lot.
Mr. McConnell: Sure. The connection is there.
Commissioner Alonso: So, there is no problem.
Mr. McConnell: There is a water meter there.
Vice Mayor Plummer: Who owns the piece of property that you are tied up to?
You own it, sir?
Unidentified Speaker: No, I lease it.
Vice Mayor Plummer: Oh, OK. But you don't know who owns the property?
231 July 25, 1991
Mr. McConnell: No.
Unidentified Speaker: Yes, I do.
Mr. McConnell: No, he doesn't.
Mayor Suarez: You must come up to the mike. Commissioner, Vice Mayor
Plummer, at this time of the day begins conversations with a crowd and so on,
and it...
Mr. McConnell: Dr. Gerry Inniss owns the property.
Vice Mayor Plummer: OK. Thank you.
Mayor Suarez: And I begin conversations with myself and with God.
Mr. McConnell: And he lives like three doors away. He lives like three doors
away on the river. But when they talk about private vessels, pleasure craft -
I consider mine a houseboat, it's all a pleasure craft. They keep saying,
ten, fifteen of those, that people are living on them. I would... my
guesstimate, is forty or fifty that people at least live on weekends and live
on them. And then we get to the commercial fishing boat, not just a fishing
boat, but the big yacht. These people come up there - there are over fifty or
a hundred and fifty in the season. And those crews live on those vessels, no
matter where they are tied. Now, you're knocking those out.
Mayor Suarez: What about those? Wait, wait, I think you are wrong on that,
but I am not sure why.
Mr. McManus: No, in all the commercial districts on the river, we have made
provision for crews and fishing crews and whatever is needed to keep the
vessels going.
Mayor Suarez: So the only one so far...
Mr. McConnell: But only in the commercial district. If you pull up and tie a
vessel to... in back of...
Mayor Suarez: They are not supposed to be tying anywhere other than the
commercial districts. That's true.
Mr. McConnell: I've got a forty-five foot yacht and 1 want to tie it up in
front of... in the back of someone's house, I can't tie it up there and let my
crew stay on it while I'm...
Vice Mayor Plummer: You ought to get submarine. It's submerged, you can see
it.
Mr. McConnell: It happens, it's going on all the time. It happens every
where in the whole City of Miami. And those little housebarges, there are
about fifteen of them on the Miami River, and the Miami River's tributaries,
and they are stocked in other places all around to the City of Miami and Dade
County. There are a lot of these. I mean, to drop the houseboat... I've been
dropped through the cracks of my dock. I need a life jacket because I am
going to drown in this thing there. It's a sad state of affairs when you've
taken a perfectly legal vessel and you've banned this, I cannot live on it.
Mayor Suarez: All right.
Mr. McConnell: On exactly the same lot, you're allowing another one. And I
would recommend... the man behind me, he has got another boat and he lives on
his off and on. Thank you.
Vice Mayor Plummer: He makes a damn good point.
Commissioner Alonso: Grandfather also the boats.
Mr. Leroy A. Loudis: Leroy Loudis, 800 NW 145 Terrace. Real quick, and I
realize it's dragging on. I live on mine temporarily. Partly because I don't
have a system, a sewerage system and I don't like dumping into the Miami
River. I scuba dive, I love boating. My only problem would be originally,
232 July 25, 1991
and you've changed it since, people with boats have a tendency to upgrade from
year to year and get bigger and bigger and bigger, and that was the original
problem. If you grandfather in the slip, then that would alleviate that,
where they could move up and get a bigger boat or whatever. But, like the
gentleman before me, my problem initially was also, I am a documented vessel,
I've got my FL number and everything, and here again, I am legal, but yet, I
am illegal if you allow housebarges and not us, also liveaboard. Thank you
very much.
Commissioner Alonso: Then also grandfather the boats.
Mayor Suarez: Grandfather the boats. Last comment, and then we're going to
vote.
Commissioner Alonso: Can we forget about this altogether?
Mr. Maxwell: I need to say something.
Mr. Burtt: My name is Michael Burtt, I live in the Dinner Key Anchorage, and
I am president of the Diner Key Anchorage Association. I'd like to make a
couple of comments here. The first one seems to be forgotten in this
discussion, and that is affordable housing. It seems that this Commission has
made a commitment in this City...
Mayor Suarez: Not forgotten. I meant to refer to it. It's not forgotten, I
think it's in our minds that if we prohibit some of these uses, we are going
to have people without affordable housing and without homes, and they are
going to be homeless, and then we are going to have worse problems. So, it's
not forgotten, believe me.
Mr. Burtt: It's not forgotten. OK.
Mayor Suarez: It's in the back of our minds, Mike.
Mr. Burtt: You've got that one, OK. The second point I'd like to make is
on... this is, it says, "to allow temporary occupancy of private pleasure
craft as living quarters." This is a broad... we have problems with this
phrase. Here is a group of boats that you don't know how many, it includes an
awful lot of... a large number, and now you are... and up until today, people
can live on them. And now by passing this ordinance, you're stepping over a
line which has not been clearly defined. What I would like to do is just give
us a little perspective - this just quick. I have in my hand here,
declaratory action from the County Court of Palm Beach County, May 28th 191.
And they reviewed an ordinance in Riviera Beach which prohibited boats form
anchoring in Lake Worth longer than seventy-two hours. And the judge ruled
the ordinance unconstitutional. And I'd like to read one sentence from his
ruling.
Mayor Suarez: Anchored out off in the Bay?
Mr. Burtt: Way outside - outside. Out in the Bay.
Mayor Suarez: Not in the high seas, but the next closest thing to it.
Mr. Burtt: Right. Exactly. And the one sentence...
Mayor Suarez: Well, we are not getting ready to do that.
Mr. Burtt: I know that. But the...
Mayor Suarez: And we may some day, foolish that we are, try to tackle that.
Mr. Burtt: I understand that.
Commissioner Alonso: Please.
Mayor Suarez: We haven't yet.
Mr. Burtt: That's why I'd like to share this sentence with you. It says, "a
statute or ordinance whose intent or effect is to make seemingly harmless
actions illegal or prohibited offends accepted standards of due process."
What you are doing today, ladies and gentlemen of the Commission, is exactly
233 July 25, 1991
that. You are prohibiting harmless action, which is living on a boat, and
that offends accepted standards of due process.
Vice Mayor Plummer: We accept that, sir, as your opinion.
Mr. Burtt: Thank you.
Mayor Suarez: All right. Commissioners, if you want to try any of the
various things you've said...
Vice Mayor Plummer: I accept the amendment, or she can make the motion...
Commissioner Alonso: Yes.
Mr. Maxwell: Mr. Mayor.
Mayor Suarez: All right.
Vice Mayor Plummer: It's first reading.
Mr. Maxwell: Mr. Mayor, if I may. Upon reflection, I had recommended a
moment ago that you grandfather in the upland as well as the... what do you
call? - the slippage area. I think that may lead to an unintended result if
you do that. Because what happens is, that the upland may have... there may
be certain lots that have not developed all the slips that they could have.
So what happens if you do that, that leaves the door open to additional slips.
So what happens is...
Mayor Suarez: No, no. We are only...
ji Mr. Maxwell: ... if you go ahead and grandfather in slips, what could happen
between first and second reading, is that we can actually survey the existing
slips...
Commissioner Alonso: That's why I asked for...
Mr. Maxwell: ... include a map that shows those, and grandfather them in.
Mayor Suarez: All right. That's a good idea. So moved by Commissioner
Alonso as you have indicated and stated, and...
Commissioner Alonso: I move that we forget about everything. But yes, yes,
I...
Mayor Suarez: So moved.
Commissioner Alonso: Yes.
Mayor Suarez: And Vice Mayor Plummer seconds. Does it include houseboats? -
the little ones as opposed to the big ones? Commissioner Alonso?
Commissioner Alonso: Let's protect every one that has come to us and say,
protect me, please.
Mayor Suarez: It does.
Commissioner Alonso: Yes, indeed.
Mayor Suarez: Vice Mayor Plummer agrees, Joe McManus also agrees. Yes, sir.
Mr. McManus: Could I...? Just a point of clarification.
Commissioner Alonso: That finger, it means something.
Mr. McManus: Commissioner, including that, including them in the
grandfathering sense?
Mayor Suarez: Yes, of course.
Mr. McManus: OK.
Commissioner Alonso: Yes.
234 July 25, 1991
•
Mayor Suarez: Any further discussion?
the extent that you are able to.
Vice Mayor Plummer: As modified.
Mr. Maxwell: As amended.
If not, please read the ordinance to
Mayor Suarez: As amended. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE WITH ATTACHMENT AMENDING ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, BY AMENDING: ARTICLE 4 ZONING
DISTRICTS, PR PARKS, RECREATION AND OPEN SPACE
DISTRICT, PERMITTED PRINCIPAL USE, PERMITTED ACCESSORY
USES, AND CONDITIONAL ACCESSORY USES, TO RECOGNIZE
EXISTING MARINAS AND ANCILLARY FACILITIES, AND
PROVIDING THAT NEW MARINAS AND ACCESSORY USES WILL
REQUIRE SPECIAL EXCEPTION APPROVAL; R-1 THROUGH R-4
RESIDENTIAL DISTRICTS, TO REFLECT THE EXCEPTION TO THE
OCCUPANCY OF PRIVATE PLEASURE CRAFT AS LIVING QUARTERS
AND HOUSEBARGE PROHIBITION AS CONTAINED IN NEW SECTION
940 AS ADDED BY THIS ORDINANCE; C-1 RESTRICTED
COMMERCIAL DISTRICT, CONDITIONAL PRINCIPAL USES, TO
ALLOW TEMPORARY OCCUPANCY OF OR PRIVATE PLEASURE CRAFT
(EXCEPT IN THE LITTLE RIVER CANAL); C-2 LIBERAL
COMMERCIAL DISTRICT, PERMITTED PRINCIPAL USES, TO
ALLOW TEMPORARY OCCUPANCY OF PRIVATE PLEASURE CRAFT AS
LIVING QUARTERS; ARTICLE 6 SD SPECIAL DISTRICTS,
SECTION 604 SD-4 WATERFRONT INDUSTRIAL DISTRICT,
CONDITIONAL ACCESSORY USES, TO PERMIT OCCUPANCY OF
PRIVATE PLEASURE CRAFT AS LIVING QUARTERS; SUBSECTION
904.3 EXCLUSION OF SPECIFIC USES, TO CLARIFY THAT
HOUSEBARGES ARE PROHIBITED AND OCCUPANCY OF PRIVATE
PLEASURE CRAFT AS LIVING QUARTERS IN ALL RESIDENTIAL
DISTRICTS IS PROHIBITED AND ADDING AN EXCEPTION IN NEW
SECTION 940, ENTITLED "OCCUPANCY OF PRIVATE PLEASURE
CRAFT AS LIVING QUARTERS IN RESIDENTIAL DISTRICTS;
HOUSEBARGE EXCEPTION", TO PROVIDE FOR GRANDFATHERING
CERTAIN PRIVATE PLEASURE CRAFT AND HOUSEBARGES IN
ATTACHMENT A, PERMITS, INSPECTION, NAVIGATIONAL
CLEARANCE, SIZE OF VESSELS AND HOUSEBARGES AND
ENFORCEMENT; PROVIDING DEFINITIONS; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Was introduced by Commissioner Alonso and seconded by Vice Mayor Plummer
and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
235
July 25, 1991
------------------------------------------------------ ---- ------------------
58. (A) EMERGENCY ORDINANCE: AMEND CODE SECTIONS 62-61 AND 62-62 BY
CONFORMING NOMENCLATURE OF DISTRICTS, CLASSIFICATIONS, PERMITS
AND NOTICES FROM FORMER ZONING ORDINANCE (9500) TO EXISTING
ZONING ORDINANCE (11000) - INCREASE / DELETE FEES IN REGARD TO
REQUESTS FOR ADMINISTRATIVE ACTION CONCERNING SUCH
CLASSIFICATIONS AND PERMITS.
(B) FIRST READING ORDINANCE; AMEND CODE SECTION 2-75 (PLANNING,
BUILDING AND ZONING FEES) - REQUIRE ANNUAL ACCESSORY USE
CERTIFICATE FOR HOUSEBARGES ON MIAMI RIVER - ESTABLISH ANNUAL
CERTIFICATE FEE.
------------------------------------------------------------------------------
Mayor Suarez: Do we have a companion item on that?
Mr. McManus: The next item, PZ-13 contains one item related to this, Mr.
Mayor, and Commissioners. And that is the fees related to the issuance of the
inspections of the housebarges. My suggestion here is that an annual fee of
two hundred -and -fifty dollars ($250). Now, the ordinance currently reads,
commencing January 1st, 1992, but in...
Vice Mayor Plummer: That's a year off.
Mr. McManus: But you are suggesting a delay of... for a year which...
Vice Mayor Plummer: Let me ask you one question. Ninety-two to me is fine.
It gets it on a current year basis. Can you justify that two hundred -and -
fifty dollars is the fee that is needed to regulate?
Mr. McManus: Yes.
Vice Mayor Plummer: It seems high to me.
_ Commissioner Alonso: It does.
Mr. Maxwell: You have to say yes, to that.
Vice Mayor Plummer: Now all I am saying is, I am not interested in making
money off of it. We need to regulate, we need to collect whatever it cost us
to regulate. And I've got to be honest with you, I don `t know what you're
doing, but it sounds like to me, two hundred -and -fifty, is high. I would vote
for that on first reading, but I've got to tell you my friend, you've got to
come back to me at second reading and justify that that is in fact what it's
costing us to do it. So, all I am saying to you...
Commissioner Dawkins: Is that with or without the taxes?
Mayor Suarez: Oh, absolutely.
Mr. McManus: Separate from the taxes.
Vice Mayor Plummer: No, this is separate from the taxes.
Commissioner Dawkins: That's separate from the taxes?
Vice Mayor Plummer: Yes, sir.
Commissioner Dawkins: First, you didn't want them to pay... first, we were
raising hell because you all weren't paying taxes, now, I am raising hell
because you're paying too much money. I just want to make up my mind. That's
all.
Vice Mayor Plummer: No, no, sir. What I am trying...
Commissioner Dawkins: I just want to make up my mind, that's all.
Vice Mayor Plummer: I'm trying to be honest. OK?
Mr. Crespo: Mr. Vice Mayor.
236 July 25, 1991
Mr. McManus: Mr. Commissioner, the way this is scheduled, PZ-13 is scheduled
as an emergency item. If you want to go first and second reading, you would
have to indicate that.
Vice Mayor Plummer: Well, if it's not going to take effect until 192, I don't
know why it's an emergency.
Mr. McManus: Well, the rest of it is the whole fee schedule for plan
amendment and change of zoning, where we are making the switch in language
between old Ordinance 9500 and new Ordinance 11000 to bring the fee schedule
up to date.
Vice Mayor Plummer: Joe, my only comment is, to justify that it cost us to do
that...
Mr. Rodriguez: We can wait.
Commissioner Dawkins: You don't get more money than you deserve. That's all
Commissioner is saying.
Mr. Crespo: Mr. Vice Mayor, could I please?
Vice Mayor Plummer: That's what I am saying.
Mr. Rodriguez: Make it first reading.
Mr. Crespo: When we discussed this and we were aware of the fact of your
concerns... because we didn't know about this ad valorem situation, we
volunteered that this would be the way that we could pay whatever tax money we
can be collected from taxes.
Vice Mayor Plummer: Well...
Commissioner Alonso: I know. They did.
Mr. Crespo: So, we agreed...
Mayor Suarez: Yes, you volunteered too much. That's...
Mr. Crespo: No, I mean, if we couldn't pay taxes, I mean, if there was no
formula or way to collect a personal property tax, we agreed that this would
be a way that the...
Mayor Suarez: Folks, we don't have to make the final absolute determination
on this today.
Commissioner Alonso: Yes, but don't give us ideas, we get carried away with
some ideas.
Vice Mayor Plummer: Look, all... Mr. Mayor, I move it on first reading. I
tell you that I will not vote on it for second reading unless they can justify
the amount.
Commissioner Alonso: I do have problems with that because the reason it is an
emergency, at the present time, we are charging for permits for air-condition,
an additional hundred dollars. That is an excessive amount. And I don't know
how in the world it got approved, because none of us I am sure, knew about
this. And it is creating a serious problem, business people are complaining.
Can we pull this section and change it as a separate item?
Mr. Maxwell: Yes.
Commissioner Alonso: If so, I have no problem in first and second reading.
But if not...
Vice Mayor Plummer: Yes, that's what I said.
Mr. Maxwell: Well, you need to give us one moment to determine what needs to
be separated out in terms of title.
Commissioner Alonso: OK.
237 July 25, 1991
Vice Mayor Plummer: Take it on first reading. You must come back and justify
to me from second reading, or I plan on reducing it.
Mayor Suarez: While you're doing that? Did you want to add anything? I
can't imagine there is anything that hasn't been said tonight on this issue.
Mr. Kuchukian: We feel that a fee is not out of line. If a building... my
understanding is that you can get a building permit here for thirty or thirty-
five dollars. If this fee was thirty or thirty-five dollars, we would not
object to it, and you could do it right now.
Vice Mayor Plummer: Did you hear what I said? - justify that that is what it
cost them to do it. If it's thirty-five dollars, then that's what it is.
Commissioner Alonso: What do we do with these?
Mayor Suarez: We are going to try to change it between first and second
reading. You have some sympathetic votes up here to reduce that
substantially.
Mr. Kuchukian: Good.
Mayor Suarez: OK? Lobby us individually.
Mr. Maxwell: Commissioner.
Mayor Suarez: Yes.
Mr. McManus: I think the suggestion here is that, for the basic fee schedule _
we would suggest doing that as an emergency ordinance.
Mr. Maxwell: Chapter 2 is coming out.
Mr. McManus: We will pull out the part about the inspection fees,
housebarge...
Vice Mayor Plummer: If it's not going to go into effect until January 1, 192,
what is the emergency?
Commissioner Alonso: No, it...
Mr. McManus: No, it will take that out. Take it out.
Mr. Rodriguez: The portion that deals with the housebarges, we're going to
leave them...
Mayor Suarez: He's saying the rest of the ordinance goes into effect right
away.
Mr. Rodriguez: We'll take it, leaving it as first reading, and then a second
reading next time. The other portion of the ordinance read as an emergency.
Vice Mayor Plummer: What does the other portion of the ordinance relate to?
Mr. Rodriguez: Commissioner Alonso was saying we were charging, for example,
for a permit for an air conditioner one hundred dollars, for example. We
don't have a fee schedule that...
Commissioner Alonso: In excess to the regular fee...
Mr. Rodriguez: We don't have a fee...
Commissioner Alonso: ...which is excessive. And I don't know how in the
world...
Vice Mayor Plummer: Is that a mechanical inspection?
Mr. Rodriguez: Yes, and we don't have also a regular fee charge for the
existing 11000 ordinance to conform with the ordinance. We have it tied to
the old zoning classification and it doesn't make any sense to do that. So we
had changed the zoning classification to different numbers now. So this is to
bring it up to that, and collect the fees appropriately.
238 July 25, 1991
Vice Mayor Plummer:
Commissioner Alonso:
What do you want to do?
We separate the items.
Mr. Rodriguez: So what you have to do is delete - do you have it, Joel?
Mr. Maxwell: I have it, I know it.
Mr. Rodriguez: Delete from the emergency one portion of this...
Mr. Maxwell: Chapter 2, the first, on an emergency basis, you would amend
everything except the provisions dealing with Chapter 2, section 2-75.
Correct? The ordinance that will go on first reading would be the balance of
that. The nomenclature changes and the increase and decreasing the fees set
forth in the bottom of the title as you see it now.
Commissioner Alonso: So say it again. We approve as an emergency...
Mr. Rodriguez: Everything but.
Mr. Maxwell: Everything else.
Commissioner Alonso: Everything but...
Mr. Rodriguez: But the housebarges which will be first reading that you have
to read afterwards, I guess.
Vice Mayor Plummer: The rest of it is all on an emergency basis?
Mr. Rodriguez: Justification is that we're not charging the fees properly,
and we're charging in some cases more than we should.
Mr. Maxwell: We know your intent, Commissioner. I can read... I'll read the
title now, if I may, Mr. Mayor...
Mr. Rodriguez: Both titles.
Mr. Maxwell: ...that would go as an emergency ordinance now.
Mayor Suarez: OK, please do.
Mr. Maxwell: That would be...
Commissioner Alonso: So move.
Vice Mayor Plummer: More vacant buildings.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD, BY TITLE ONLY.
Mr. Maxwell: That will require two readings. That will be an emergency
ordinance.
Mayor Suarez: Call the roll.
Ms. Hirai: Mr. Vice Mayor, do you second the motion?
Vice Mayor Plummer: Fine.
239 July 25, 1991
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE RELATING TO PLANNING, BUILDING
AND ZONING FEES WHICH APPEAR IN THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED; AMENDING SECTIONS 62-61
AND 62-62 OF SAID CODE BY CONFORMING THE NOMENCLATURE
OF DISTRICTS, CLASSIFICATIONS, PERMITS AND NOTICES
FROM FORMER ZONING ORDINANCE NO. 9500 TO EXISTING
ZONING ORDINANCE NO. 11000; INCREASING AND DELETING
FEES IN REGARD TO REQUESTS FOR ADMINISTRATIVE ACTION
CONCERNING SUCH CLASSIFICATIONS AND PERMITS;
CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
Was introduced by Commissioner Alonso and seconded by Commissioner
Plummer, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the -
following vote:
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.
Whereupon the Commission on motion of Commissioner Alonso and seconded
by Commissioner Plummer, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10909.
The City Attorney read the ordinance into the public record and
announced that copies were available to the membi.rs of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: PZ-14.
Mr. Maxwell: No, sir, you ... Second portion would be the first reading.
Vice Mayor Plummer: The second portion, the second reading on that portion
that's an emergency.
Mayor Suarez: OK...
Mr. Rodriguez: Second roll call.
Mr. Maxwell: Did you two roll calls on that?
COMMENTS MADE FOLLOWING ROLL CALL:
Mr. Maxwell: Now this would be the ordinance that you will pass on first
reading, and it would pertain only to the housebarges. That will be first
reading only.
Mayor Suarez: Call the roll.
240 July 25, 1991
AN ORDINANCE ENTITLED -
AN ORDINANCE RELATING TO PLANNING, BUILDING AND ZONING
FEES, AMENDING THE CITY CODE, CHAPTER 2
ADMINISTRATION, SECTION 2-75, BY CONFORMING
NOMENCLATURE AND REQUIRING AN ANNUAL ACCESSORY USE
CERTIFICATE FOR HOUSEBARGES ON THE MIAMI RIVER AND
ESTABLISHING AN ANNUAL FEE FOR SAID CERTIFICATES;
CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
Was introduced by Commissioner Alonso and seconded by Commissioner
Plummer and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
59. FIRST READING ORDINANCE: AMEND 11000 ATLAS - CHANGE DESIGNATION AT 1820-
2010 S.W. 17 AVENUE & 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-14.
Commissioner Alonso: Move.
Mr. Guillermo Olmedillo: PZ-14 is...
Mayor Suarez: Moved by Commissioner Alonso.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Does anyone wish to be heard against the application
of PZ-14? Let the record reflect that no one stepped forward.
Vice Mayor Plummer: Well, wait a minute. What, in fact, is this building
that you're changing to government and institutional?
Mr. Olmedillo: That is a telephone substation.
Commissioner Alonso: Is the block work...
Vice Mayor Plummer: Oh, oh, OK.
Commissioner Alonso: ...the Southern Bell building is.
Mr. Olmedillo: Right.
Vice Mayor Plummer: But...
Mr. Olmedillo: What we're doing is recognizing what is there.
Commissioner Alonso: The existence of the...
Mr. Olmedillo: The existing multifamily building and the telephone
substation.
241 July 25, 1991
Vice Mayor Plummer: OK.
Commissioner Alonso: We are not opening any risk.
Commissioner De Yurre: What can be built there now? What can be built under
the change?
Vice Mayor Plummer: Multiple unit apartments, that's...
Mr. Olmedillo: What is built there is multifamily.
Commissioner De Yurre: No, that's already there.
Commissioner Alonso: It's already developed.
Mr. Olmedillo: It's already there. We'll have to recognize with zoning, what
is there today.
Commissioner De Yurre: My question is, if they were to knock that down, what
can they build there?
Vice Mayor Plummer: Here, it says right here, multiple family.
Commissioner De Yurre: That's it. What about GI? -under GI?
Mr. Olmedillo: In the GI they can build...
Vice Mayor Plummer: Government.
Mr. Olmedillo: ...governmental building, governmental institutions, that
type.
Commissioner De Yurre: How big?
Mr. Olmedillo: Well, as big as the lot can take. The lot is confined by, I
believe, 17th Avenue and it's only about 2/3rds of a block big.
Commissioner De Yurre: I know that... Well, the Southern Bell property, is
that it?
Commissioner Alonso: Yes.
Mr. Olmedillo: Yes.
Commissioner De Yurre: OK. How big can you go?
Mr. Olmedillo: It's a 172 floor area ratio. I don't know what the square
footage of the site is...
Mr. Rodriguez: Say twice the size of the lot, let's say, more or less.
Commissioner Alonso: So similar to what they have now?
Mr. Rodriguez: If you take the acreage of the lot, twice the size in square
footage.
Commissioner De Yurre: OK, so what's the twice the size?
Mr. Rodriguez: Well, we can calculate that, one second.
Vice Mayor Plummer: Let me ask you a question.
Mr. Olmedillo: One fifty by three hundred.
Vice Mayor Plummer: Well, you finished?
Commissioner De Yurre: Because my issue was, you know, why change it if it's
already there? And I want to know if...
Vice Mayor Plummer: It's making it conforming.
242 July 25, 1991
Commissioner De Yurre: Say what?
Mr. Olmedillo: It has an improper zoning on it.
Commissioner De Yurre: But, it's been like that for years.
Vice Mayor Plummer: It's nonconforming.
Commissioner Alonso: Well, they made a mistake, and they did not include
that. I guess that's the reason.
Mr. Olmedillo: It's an improper zoning applied to it. If they want to add or
make any changes because of need of relaying more telephone lines or telephone
to the area, then they can't, or they...
Commissioner De Yurre: Of course they can't. And isn't the idea is to
maintain the status quo of the area?
Mr. Olmedillo: No, but any addition to it will have to... cannot be reviewed
because there is no mechanism to add to that particular use there.
Commissioner De Yurre: That's exactly what I'm talking about. Right now,
they can't do anything to that property. Right?
Mr. Olmedillo: Right. They couldn't under the present provisions...
Commissioner De Yurre: Under the existing...
Mr. Olmedillo: ...but they're nonconforming.
Commissioner De Yurre: OK. Right now, that's it. Now, if theoretically -
and you got a whole bunch of reds up there, OK? If theoretically the property
owner were to knock that down or to make an addition, could they conceivably
build double what they have there? -triple? I'm asking.
Mr. Olmedillo: Substantially the same thing that there is there.
Commissioner De Yurre: You tell me they can't build anything more than what's
there now?
Mr. Rodriguez: They could. We don't know. Depends on the size of the
building and the amount of parking they have. What we're doing with this is
that we're required by a state law to have a zoning that will conform with the
Comprehensive Plan. The Comprehensive Plan is supposed to reflect, unless you
change it otherwise, the uses that you have in the property. In this
particular property, we have a use which is institutional in nature. That's
what it is there now, and it doesn't make any sense to have this zoned as we
have before, duplex.
Vice Mayor Plummer: How did they get it in there in the first place? If it
was zoned duplexes, how did they get it in there to begin with?
Mr. Rodriguez: I couldn't tell you.
Commissioner Alonso: Did they have zoning changes, all of them? No,
impossible.
Mr. Olmedillo: No, before in the old zoning ordinance, you could have utility
buildings in residential areas.
Mr. Rodriguez: Without what?
Mr. Olmedillo: With the change of the ordinance, what we're trying to do is
that they are called by the proper name. It's an institutional use. So
that's why we have to slap the GI designation to it.
Vice Mayor Plummer: Well, wait a minute. I think, if I understand my
colleague, this property goes six properties deep. If they were to
discontinue the use of the Southern Bell facility there tomorrow, and they
decided to build multifamily on an R-3, I don't think that's what we would
want.
243 July 25, 1991
Commissioner Alonso: Next to it, do you have exactly the same thing?
Vice Mayor Plummer: No, you don't have any R-3 there. Well, you do on the
north side.
Commissioner Alonso: No.
Mr. Olmedillo: Yes, that particular one is GI.
Commissioner Alonso: No, no, no, no. In the same side of the street you have
buildings, three story buildings.
Vice Mayor Plummer: Yes, but they're...
Mr. Olmedillo: Yes, yes.
Commissioner Alonso: Multiple units.
Vice Mayor Plummer: Excuse me. They do not go six properties deep. The ones
that I see there and I know there are two properties deep. This parcel of -
land...
Commissioner Alonso: I'm not so sure.
Vice Mayor Plummer: Well, sure, look at it right there. You can measure it
right on the map. It is two properties deep.
Mr. 0lmedillo: Vice Mayor, if you look at page seven of your package, you
will see that there are buildings built there which are multifamily buildings.
Vice Mayor Plummer: Not as far depth as what is there presently.
Mr. 0lmedillo: Yes, sir. It goes as deep from 17th Avenue west to the line
there. And if you look at the package, page 7, you can see the aerial of what
exists today.
Vice Mayor Plummer: The density would be unbelievable.
Commissioner De Yurre: Well, let me ask this of the Legal Department. Madam
City Attorney.
Linda Kierson, Esq.: Yes, sir.
Commissioner De Yurre: Are we obligated to vote for this? I mean, like do we
have to vote for this, this change?
Ms. Kierson: In order for it to be in conformance with the Comprehensive
Plan, yes, you would.
Commissioner De Yurre: By when?
Ms. Kierson: State law requires that the zoning and the Comprehensive Plan be
in conformity.
Mr. Rodriguez: Right. I think let me go back to your question again. If
they were to add anything to this property or build again because they have
the GI classification, they will have to have a special exception.
Mr. 0lmedillo: That is correct for the GI.
Mr. Rodriguez: And that means... huh?
Mr. Olmedillo: For the GI portion.
Mr. Rodriguez: If they add more than 20 percent, they have a new use, or if
they add more than 20 percent, they would have to go through a special
exception and go through a hearing. And definitely at the end, it could come
over here again to you. You're concerned about the fact that they could take
this and suddenly build something without having the chance of you seeing it
again and that's what I think you're trying to go to.
244 July 25, 1991
Commissioner Alonso: But you see, all of us have the same reaction. That was —
exactly the reaction I had when I saw this, I reacted that way. And I say,
what about the risk of what's going to happen in the area? I think it has
been developed and they will not be able to do any more what they actually
have right now in that area. And besides, we have to comply.
Commissioner De Yurre: Well, if they're telling us that we can't do anything
about it, you know, what the heck? OK.
Mayor Suarez: All right, on PZ-14 then, we have a motion and a second, do we?
No?
Commissioner Alonso: I moved. I don't know... I think Commissioner...
Mayor Suarez: Moved by Commissioner Alonso.
Commissioner Alonso: ...Plummer? I'm not sure, I don't recall.
Mayor Suarez: Seconded?
Commissioner De Yurre: Well, based on the fact that we got to vote for it,
I'll second it.
Commissioner Alonso: Yes.
Mayor Suarez: Seconded by Commissioner De Yurre. Any further discussion? If
not, please read the ordinance. Call the roll, please.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY CHANGING THE ZONING
CLASSIFICATION OF THE PROPERTY LOCATED AT
APPROXIMATELY 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.
Was introduced by Commissioner Alonso and seconded by Commissioner De
Yurre and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Commissioner De Yurre: And J.L.'s right there.
Mayor Suarez: I don't know that he wants to vote on that. He's going to
start asking questions. And...
245 July 25, 1991
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60. (A) APPEAL OF ZONING BOARD'S DECISIONS WITHDRAWN BY APPELLANTS IN
CONNECTION WITH CONVERSION OF COMPLEX (USED BY HOWARD HUGHES
MEDICAL INSTITUTE) TO A PRIMARY AND SECONDARY SCHOOL AT 3645
MAIN HIGHWAY (Owners: Howard & Gloria Scharlin; Appellants: (a)
Coconut Grove Civic Club, Pan Courtelis, Tucker Gibbs, Ted
Stahl; (b) South Grove Homeowners Association.
(B) CITY COMMISSION (COMMISSIONER DE YURRE) DIRECTS ADMINISTRATION
TO STUDY FEASIBILITY OF CLOSING INGRAHAM HIGHWAY AT LEJEUNE ROAD
BETWEEN 8:00-9:00 A.M. - REQUEST RECOMMENDATION TO BE PRESENTED
AT PUBLIC HEARING.
------------------------------------------------------------------------------
Mr. Rodriguez: Mr. Mayor, on items 15a and 15b, I would like to enter into
the record that we have received letters. In relation to 15a, a letter from
Mr. John Fletcher representing the Coconut Grove Civic Club, Pan Courtelis,
Tucker Gibbs, and Ted Stahl withdrawing their appeal and in the case...
Mayor Suarez: Which means that we are where? It means that we simply
announce that for the record? Counselor, that is what you were hoping to do a
couple of hours ago, I guess. And what other action do we need to take on
it? -none?
Mr. Rodriguez: That's it.
Miriam Maer, Esq.: Since the appeals that were filed from the decision of the
Zoning Board have now been withdrawn, technically from a legal perspective,
you no longer have jurisdiction over the item.
Mayor Suarez: Thank you. So announced.
Mr. Rodriguez: And in relation to 15b, if I may.
Mayor Suarez: I'm sorry?
Commissioner De Yurre: Mr. Mayor, I'd like to hear what the agreement is from
Mr. Helfman.
Mr. Rodriguez: May I read this also? -15b, so it will be on the record?
Also, we have a letter...
Mayor Suarez: Please do. What else are you going to tell... Why does
everybody...
Vice Mayor Plummer: Are you coming here now for a float loan for Mr.
Scharlin?
Mayor Suarez: Today 1s the day for the interruptions. I'm sorry. Mr.
Rodriguez, what were you saying? And then Commissioner De Yurre wants further
clarification.
Mr. Rodriguez: I was reading also that we have also in relation to 15b a
letter from Louis Wechsler also withdrawing the appeal in that item.
Mayor Suarez: Lou Wechsler also. All right.
Commissioner De Yurre: Mr. Mayor, I'd like to hear from Mr. Helfman as to
exactly what it is that...
Vice Mayor Plummer: Excuse me, for the record, that satisfied 15a and b?
Mayor Suarez: We just stated it as to 15a and b,
Vice Mayor Plummer: I'm sorry, I was out of the room.
Commissioner Alonso: Yes.
Mayor Suarez: All right, Counselor.
Commissioner De Yurre: What was the agreement struck?
246
July 25, 1991
Steve Helfman, Esq.: There are a number of terms to the agreement. But the
substantive portions are a significant limitation on any future development in
the event that there was ever to be future development. Of course, that would
have to come back to the City. Very stringent setback requirements, a
limitation that for the next five years, no building will occur on this site
of any sort, with the exception of minimal additions to existing structures.
There are agreements regarding preservation of trees. There are agreements
regarding preservation of historic structures on site which will happen. And
a limitation on the use of the property that in the event that it's never
used... in the event that the use as a school is extinguished, the property
will go back to single family residential use.
Commissioner De Yurre: What about as to traffic?
Mr. Helfman: There are a number of things there regarding traffic for
Carrollton School who intends to use this property. They are going to be
restricted to right turn out from their campus. There will be traffic... off -
duty City of Miami police officers to direct traffic in the morning hours.
And there are some other agreements regarding signage to try to keep some of
the traffic that is coming to the school out of the residential neighborhoods
to the north of there, Royal Palm, Poinciana and that area. There's a plan
that we're assisting them and supporting them in that the Commission adopted
in 189 called Plan C, which was a plan for signage for the south Grove to try
to keep traffic out of the Grove.
Commissioner De Yurre: My concern, Mr. Mayor, with all this is that right
now, today, there is an off -duty police officer at Ransom -Everglades. And you
all knowing where I live, when I get to the stop sign on Ingraham and 37th,
the traffic is backed up from Ransom all the way back to the street light on
LeJeune and Ingraham. I mean, it's like a serpent. And there's...
Mayor Suarez: You know what you might want to do since we've got no
jurisdiction over the zoning matter, is to have our traffic planners study it
and come back with some suggestions. We don't lose jurisdiction over traffic
certainly.
Commissioner De Yurre: OK, well the thing is, if you add a second police
officer to stop traffic like a hundred feet down or a hundred and fifty feet
down, you're going to be stopped once...
Mayor Suarez: Right.
Commissioner De Yurre: ...and you get stopped again. And you're never going
to get out of the area.
Mayor Suarez: I think the fact that this matter has been withdrawn and we
lose jurisdiction over the zoning aspects of it, does not in any way take away
our ability to regulate traffic in our streets as to having private security,
off -duty police officers, right?
Commissioner De Yurre: Mr. Mayor, what I would like to do is for to direct...
Mayor Suarez: I hope we're not abdicating that.
Commissioner De Yurre: ...Public Works to see and study the possibility of
closing off Ingraham Highway at LeJeune at the traffic light, like from 8:00
to 9:00 in the morning, or something like that.
Vice Mayor Plummer: Oh ho ho.
Commissioner De Yurre: Local traffic only.
Vice Mayor Plummer: Ho, ho.
Commissioner De Yurre: That's right.
Vice Mayor Plummer: Ho, ho, ho. Well, let me know when you're having that
public hearing. I don't want to be here.
Mayor Suarez: OK, with that instruction then, request that you bring it back
to the Commission for a public hearing, we are adjourned.
247 July 25, 1991
•
•
0
Mr. Helfman: Thank you.
------------------------------------ --------- — -----------------------------
61. VICE MAYOR PLUMMER REQUESTS COMMISSIONERS AND ADMINISTRATION TO SEND HIM
ANY AVAILABLE DATA IN CONNECTION WITH THE SPECIAL MEETING SET FOR
SEPTEMBER 5, 1991, CONCERNING POLICE DEPARTMENT.
------------------------------------------------------------------------------
Vice Mayor Plummer: Mr. Mayor, Mr. Mayor, may I inquire of my colleagues...
Mayor Suarez: Now?
Vice Mayor Plummer: Yes, sir. You have scheduled a special meeting of this
Commission on September the 5th...
Mayor Suarez: Yes.
Vice Mayor Plummer: ...for deployment primarily in the Police Department.
Mayor Suarez: Totally in the Police Department.
Vice Mayor Plummer: I am gathering all the information that I can. I would
request of my colleagues that if there is anything else that you all want
information on, on September the 5th, besides deployment of sworn personnel
and civilians, that you make it known to my office that you do wish additional
information.
Mayor Suarez: That's a good description. Keep in mind the remarks made by
Commissioner Alonso at the last DDA meeting as to how many police officers at
any one time are actually patrolling...
Vice Mayor Plummer: That's easy to answer.
Mayor Suarez: ...and why that is.
Vice Mayor Plummer: Well, the only way it's not easy... OK, when you say,
patrolling, are you in marked cars or actual policemen on the street?
Mayor Suarez: Well, we need both of those.
Vice Mayor Plummer: I can give you that.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 8:17 P.M.
ATTEST:
Natty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
Xavier L. Suarez
MAYOR
1NCORPIIt:1TEIS
248 July 25, 1991