HomeMy WebLinkAboutCC 1990-12-06 MinutesOF MEETING HELD ON DECCEMBER 6. 1990
REGULAR AND PLANNING & ZONING
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
ITEM SUBJECT
NO.
INDEX
MINUTES OF REGULAR MEETING
DECEMBER 6, 1990
LEGISLATION PAGE
NO.
1. PRESENTATIONS, PROCLAMATIONS, AND PRESENTED
SPECIAL ITEMS. 12/6/90
2. BRIEF COMMENTS AND TEMPORARY DEFERRAL DISCUSSION
OF DISCUSSION CONCERNING CERTAIN 12/6/90
DESIGNATED CLAIM AWARDEES AGREEING TO
ACCEPT LESSER AMOUNTS IF PAID BEFORE
CHRISTMAS (See labels 61 and 78)
3. AUTHORIZE CITY MANAGER TO ALLOW PIG M 90-913
BOWL FOOTBALL GAME TO TAKE PLACE AT THE 12/6/90
ORANGE BOWL STADIUM (1/19/90).
4. CONSENT AGENDA
(A) CLARIFICATION AND MODIFICATION OF
AGENDA ITEM CA-6 (APPROVING AGREEMENTS
WITH (a) MANUEL G. VERA AND ASSOCIATED,
INC., (b) BISCAYNE ENGINEERING COMPANY,
(c) FERNANDO Z. GATELL, P.L.S., INC.,
(d) WEIDENER SURVEYING AND MAPPING, AND
(e) LANNES AND GARCIA, INC. - FOR
PROFESSIONAL SURVEYING SERVICES FOR
CALENDAR YEARS 1991-92 (See label
4.60.)
(B) BRIEF CLARIFYING COMMENTS ON
CONSENT AGENDA ITEM CA-3 (ACCEPTING BID
OF CLOVER COMMUNICATIONS, INC. - FOR
FURNISHING PACKET -MODE NETWORK UNITS) -
ISSUE PLACED BACK ON CONSENT AGENDA
(See label 4.3).
(C) (i) DISCUSSION AND CLARIFICATION
OF CERTAIN ASPECTS OF CONSENT AGENDA
ITEM CA-10 (DIRECTING CITY MANAGER TO
PURCHASE FEE SIMPLE TITLE TO PARCEL AT
129 N.W. 34 TERRACE - CONCERNING
EXPANSION OF ROBERTO CLEMENTE PARK -
CIP 331056) (See label 4.9).
(ii) EXPRESS INTENT TO GIVE HIGHEST
PRIORITY TO ROBERTO CLEMENTE PARK
PROJECT.
4.1 ACCEPT CITY CLERK'S CERTIFICATION OF
RESULTS OF SPECIAL MUNICIPAL ELECTION
HELD NOVEMBER 6, 1990 - CONCERNING
CHARTER AMENDMENT NO. 2 (PROVIDING THAT
SALARIES OF THE CITY COMMISSION BE
REMOVED FROM THE CHARTER AND THAT THE
CHARTER PROVIDE FOR EMOLUMENTS OF
OFFICE FOR THE MAYOR AND CITY
COMMISSIONERS) - AMENDMENT WAS
DISAPPROVED.
DISCUSSION
M 90-914
12/6/90
R 90-915
12/6/90
1
2
2-3
4-16
16
a
4.2
AUTHORIZE PURCHASE OF AUTOMOTIVE
R 90-916
BATTERIES FROM SOUTHERN BATTERY P/B/A
12/6/90
GNB INC. - FOR DEPARTMENT OF
ENVIRONMENTAL SERVICES AND OPERATIONS
MANAGEMENT.
4.3
ACCEPT BID: CLOVER
R 90-917
COMMUNICATIONS, INC. - FOR
FURNISHINGS SIX PACKET -MODE
12/6/90
NETWORK UNITS TO DEPARTMENT OF
ENVIRONMENTAL SERVICES AND
OPERATIONS MANAGEMENT [See label
4(B)].
4.4.
ACCEPT BID: LEADEX CORPORATION - FOR
R 90-918
FURNISHING AND INSTALLATION OF
12/6/90
PLAYGROUND EQUIPMENT FOR RAINBOW
VILLAGE PARK - FOR DEPARTMENT OF PARKS
AND RECREATION (CIP 331303).
4.5
ACCEPT BID: SIGMA CONSTRUCTION AND
R 90-919
ENGINEERING CORP. (BASE BID) - FOR
12/6/90
OVERTOWN STORM SEWER RETROFITTING -
PHASE 1 (CIP 352276).
4.6
APPROVE AGREEMENTS WITH: (a) MANUEL G.
R 90-920
VERA AND ASSOCIATES, INC., (b) BISCAYNE
ENGINEERING COMPANY, (c) FERNANDO Z.
12/6/90
GATELL, P.L.S., INC., (d) WELDENER
SURVEYING AND MAPPING, AND (e) LANNES
AND GARCIA, INC. - FOR PROFESSIONAL
SURVEYING SERVICES FOR CALENDAR YEARS
1991-92 [See label 4(A)]
4.7.
ACCEPT GRANT FROM ORGANIZATION OF
R 90-921
AMERICAN STATES (OAS) GRANTING THE CITY
12/6/90
EXCLUSIVE PERFORMING RIGHTS OF OAS
INTERNATIONAL ARTIST SERIES - ALLOCATE
FUNDS ($15,000) AND IN -KIND SERVICES
($10,000) - EXECUTE AGREEMENTS.
4.8.
EXECUTE AGREEMENT WITH JOSE FABREGAS
R 90-922
FOR PROFESSIONAL DEVELOPMENT CONSULTANT
12/6/90
AND CONSTRUCTION SUPERVISION SERVICES -
CONCERNING CITY SPONSORED SCATTERED
SITE AFFORDABLE HOMEOWNERSHIP PROGRAM
AND ST. HUGH OAKS VILLAGE PROJECT
($20,000 - CIP 321034).
4.9
DIRECT CITY MANAGER TO NEGOTIATE
R 90-923
AND PURCHASE FEE SIMPLE TITLE TO
PROPERTY AT 129 N.W. 34 TERRACE
12/6/90
(BETWEEN N.W. 1 AND 2 AVENUES) -
CONCERNING EXPANSION OF ROBERTO
CLEMENTE PARK (CIP 331056) [See
label 4(C)].
16
17
17
17
18
18
19
19
SPA r
4.10. APPROVE USE OF LOTS 17-20 OF CITY -OWNED R 90-924
CURTIS PARK BY ALLAPATTAH COMMUNITY 12/6/90
ACTION, INC. DAY CARE CENTER - FOR
DEVELOPMENT OF A CHILD CARE FACILITY -
EXECUTE REVOCABLE PERMIT - STIPULATE
THAT ANY STRUCTURES AND/OR IMPROVEMENTS
ON SITE SHALL BECOME THE PROPERTY OF
THE CITY.
4.11 GRANT REQUEST BY THREE KINGS PARADE, R 90-925
INC. FOR CLOSURE DESIGNATED STREETS 12/6/90
CONCERNING THE THREE KINGS DAY PARADE -
ESTABLISH AREA PROHIBITED TO NON -
FESTIVAL RETAIL PEDDLERS.
4.12 GRANT REQUEST BY TASTE OF THE GROVE R 90-926
COMMITTEE FOR CLOSURE OF DESIGNATED 12/6/90
STREETS CONCERNING THE TASTE OF THE
GROVE FESTIVAL - AUTHORIZE SALE OF BEER
AND WINE - ESTABLISH AREA PROHIBITED TO
NON -FESTIVAL RETAIL PEDDLERS.
5.
(A) EMERGENCY ORDINANCE: ESTABLISH NEW
ORDINANCE
SPECIAL REVENUE FUND: WYNWOOD
10815
ENTERPRISE ZONE SAFE NEIGHBORHOOD
R 90-927
CAPITAL IMPROVEMENT PROJECT ($100,000
12/6/90
IN GRANT MONIES FROM FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS) - EXECUTE
CONTRACT WITH STATE OF FLORIDA.
(B) CONDITIONALLY AUTHORIZE CITY
MANAGER TO EXECUTE AGREEMENT WITH
WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT
CORPORATION (WCEDC) - FOR
IMPLEMENTATION OF WYNWOOD SAFE
NEIGHBORHOOD IMPROVEMENT PLAN (SUBJECT
TO MODIFICATIONS REQUIRED BY FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS).
6.
ACCEPT PLAT: KAMPONG PLAT - ACCEPT
R 90-928
DESIGNATED COVENANTS.
12/6/90
7.
APPROVE DONATION OF BICYCLES
R 90-929
CONFISCATED BY THE POLICE TO: "DO THE
12/6/90
RIGHT THING" PROGRAM.
8.
ALLOCATE $20,000 TO CITIZENS' CRIME
R 90-930
WATCH OF DADE COUNTY PROGRAM (Law
12/6/90
Enforcement Trust Fund).
9. ALLOCATE ADDITIONAL $50,000 TO FLIGHT R 90-931
EQUIPMENT TRAINING FOR CONTINUED 12/6/90
OPERATION OF TWO METRO-DADE AIR RESCUE
HELICOPTERS.
10. BRIEF COMMENTS BY COMMISSIONER DAWKINS DISCUSSION
EXPRESSING CONCERN IN CONNECTION WITH 12/6/90
SISTER CITY OF BUENOS AIRES BECOMING A
SISTER CITY OF HAVANA, CUBA.
19
20
20
21-24
24-26
26
27
27-28
28-29
0
0
ii.
(A) APPROVE, IN PRINCIPLE, TWO
M 90-932
ALLOCATIONS OF $50,000 EACH TO: (a)
DISCUSSION
ASPIRA, AND (b) PROJECT PRIDE (GEORGIA
12/6/90
AYERS) - FOR PURPOSES OF WORKING WITH
YOUTHS IN WYNWOOD AREA (subject to
provisos).
(8) BRIEF COMMENTS BY VICE MAYOR
PLUMMER REGARDING THE RAPID EROSION OF
CONFISCATED MONIES IN THE LAW
ENFORCEMENT TRUST FUND.
(C) BRIEF COMMENTS BY RAUL MARTINEZ,
EXECUTIVE DIRECTOR OF ASPIRA REQUESTING
TO MEET WITH CITY STAFF - DIRECT MR.
MARTINEZ TO MEET WITH LT. LONGUEIRA.
12.
(A)DISCUSSION CONCERNING REQUESTED
R 90-933
LOANS IN CONNECTION WITH RECENT WYNWOOD
M 90-934
DISTURBANCE - APPROVE, IN CONCERT,
12/6/90
LOANS TO (a) LA REINA SHOES AND
(b)DRAPERY, INC. (See labels 17, 21 &
42).
(B)URGE ADMINISTRATION TO TRY TO ASSIST
THE GARRETTS FIRM TO RESTABLISH
BUSINESS IN WYNWOOD COMMUNITY -
STIPULATE SPECIAL SESSION WILL BE
CALLED, IF NECESSARY, IF FUNDING
DIFFICULTIES ARISE - AUTHORIZE CITY
MANAGER TO IDENTIFY CITY -OWNED
FACILITIES FOR INTERIM USE BY GARRETTS.
13.
OPEN SEALED BIDS FOR MORNINGSIDE
M 90-935
HIGHWAY IMPROVEMENT (SECOND BIDDING) B-
12/6/90
4523.
14.
(A) DIRECT ADMINISTRATION TO
R 90-936
IMPLEMENT IMMEDIATELY PRIOR
DISCUSSION
DIRECTION FROM THE COMMISSION
12/6/90
CODESIGNATING 17 AVENUE (BETWEEN SW
28 AND 34 STREETS) AS: JUAN PABLO
DUARTE AVENUE (See Motion 89-820
adopted 9/14/89).
(B) COMMISSIONER ALONSO COMMENTS
ON ONGOING PROBLEMS WITH PRIOR
CODESIGNATION OF 22 AVENUE AS:
PULASKI AVENUE - (Issue to be
discussed at January meeting).
15.
EMERGENCY ORDINANCE: ESTABLISH NEW
ORDINANCE
SPECIAL REVENUE FUND: PROJECT R.A.P.
10816
- FROM A STATE GRANT PLUS
12/6/90
J$100,000)
10,000 FROM PRIVATE DONATION - EXECUTE
DOCUMENTS.
16.
DISCUSS AND TEMPORARILY DEFER PROPOSED
DISCUSSION
SECOND READING ORDINANCE CONCERNING
12/6/90
RESIDENCY REQUIREMENTS FOR CITY OF
MIAMI EMPLOYEES (See label 18).
17.
(Continue Discussion) REQUESTED
DISCUSSION
LOANS IN CONNECTION WITH RECENT
WYNWOOD DISTURBANCE - BRIEF
12/6/90
STATEMENT BY MR. & MRS. RICARDO
PEREZ THANKING THE COMMISSION FOR
ITS GENEROSITY (See labels 12, 21
& 42) .
30-33
34-50
51-52
52-54
55-56
56
56
f
18.
(A) (Continued Discussion) DENY
M 90-937
57-64
PROPOSED SECOND READING ORDINANCE
DISCUSSION
ESTABLISHING RESIDENCY REQUIREMENTS FOR
12/6/90
CITY EMPLOYEES.
(B) BRIEF COMMENTS BY REPRESENTATIVES
OF THE MIAMI FIRE FIGHTERS' UNION
EXPRESSING CONCERNS ABOUT THE FIRE
DEPARTMENT TRAINING INDIVIDUALS, THEN
HAVING THEM MOVE TO ANOTHER JOB WITHIN
A BRIEF TIME SPAN. (See label 16.)
19.
(A) SECOND READING ORDINANCE: CREATE
ORDINANCE
64-65
CODE CHAPTER 12.1 (CONVENIENCE STORE
10817
SECURITY) - ESTABLISH SECURITY
DISCUSSION
REQUIREMENTS FOR CERTAIN RETAIL GROCERY
12/6/90
STORES, ETC.
(B) COMMENTS BY VICE MAYOR PLUMMER
URGING ATTORNEY GENERAL TO IMPOSE AT
LEAST MINIMUM SENTENCING CONCERNING
FELONY CHARGES INVOLVING A HAND GUN.
20.
SECOND READING ORDINANCE: AMEND 10782 -
ORDINANCE
66-67
INCREASE APPROPRIATIONS FOR PROJECT:
10818
FIRE RESCUE SPECIAL SUPPORT EQUIPMENT
12/6/90
FY 190 ($50,000 FROM A STATE DHRS
GRANT).
21.
(Continued Discussion) REQUESTED LOANS
DISCUSSION
67
IN CONNECTION WITH RECENT WYNWOOD
12/6/90
DISTURBANCE - BRIEF COMMENTS BY MR.
MANUEL FRIAS - REFER TO CITY MANAGER
(See labels 12, 17 & 42).
22.
SECOND READING ORDINANCE: ESTABLISH NEW
ORDINANCE
67-68
SPECIAL REVENUE ACCOUNT: EMS FIRST AID
10819
RESOURCE TRAINING (FY 190) ($25,040
12/6/90
FROM A GRANT-IN-AID FROM STATE OF
FLORIDA HRS).
23.
SECOND READING ORDINANCE: AMEND 10782 -
ORDINANCE
68-70
INCREASE APPROPRIATION FOR EXISTING
10820
PROJECT (311014): FEDERAL LAW
12/6/90
ENFORCEMENT BUILDING (GSA BUILDING)
($12,000,000).
24.
AUTHORIZE EXECUTION OF NEGOTIATED
R 90-938
70-72
AGREEMENT WITH MIAMI CAPITAL FACILITIES
12/6/90
LIMITED - FOR DESIGN AND CONSTRUCTION
OF A FEDERAL LAW ENFORCEMENT BUILDING
(GSA BUILDING) ($35,000,000).
25.
AUTHORIZE ADDITIONAL PURCHASE ON BID
R 90-939
72-73
90-91-014 OF 80 POLICE PURSUIT VEHICLES
12/6/90
FROM MAROONE CHEVROLET ($972,560).
26.
GRANT REQUEST FROM RINGO CAYAARD BY
M 90-940
73-75
ALLOWING PLACEMENT OF CHRISTMAS TREE ON
12/6/90
CITY -OWNED VACANT LOT ON N.W. 62 STREET
AND MIAMI AVENUE (with provisos).
27.
BRIEF COMMENTS FROM MAYOR SUAREZ
DISCUSSION
75-76
CORRECTING THE RECORD ON CITED
12/6/90
MISSTATEMENTS BY SUSAN CANDIOTTI DURING
RECENTLY -AIRED CHANNEL 6 TV NEWS
SERIES.
28.
FIRST READING ORDINANCE: AMEND 10689 -
ORDINANCE
77-78
INCREASE APPROPRIATION FOR SPECIAL
FIRST READING
REVENUE FUND: DADE COUNTY EMS GRANT
12/6/90
AWARD (FY 189) ($160,046).
29.
FIRST READING ORDINANCE: AMEND CODE
ORDINANCE 78-79
SECTION 50-2 - PROVIDE FOR ENLARGED
FIRST READING
BOUNDARIES FOR PROTECTED OR RESTRICTED
12/6/90
ANCHORAGE AREAS WITHIN DINNER KEY
MARINA YACHT BASIN AND THE BAYFRONT
PROHIBITIVE ANCHORAGE AREA (NAME OF
LATTER BEING CHANGED TO: MIAMARINA
BAYFRONT PROHIBITED ANCHORAGE AREA).
30.
FIRST READING ORDINANCE: AMEND 10782 -
ORDINANCE 79
INCREASE APPROPRIATIONS ($10,000) TO:
FIRST READING
BAYFRONT PARK REDEVELOPMENT - PEPPER
12/6/90
FOUNTAIN (PROJECT 331306) - INCREASE
APPROPRIATIONS ($225,222.75) TO:
BAYFRONT PARK REDEVELOPMENT - SOUTH END
AND CHOPIN PLAZA COURT (CIP 331305) -
FROM U.S. CORPS OF ENGINEERS.
31.
DISCUSS AND TEMPORARILY DEFER PROPOSED
DISCUSSION 80
RESOLUTION SEEKING AUTHORIZATION TO
12/6/90
EXECUTE AGREEMENT WITH MIAMI CAPITAL
DEVELOPMENT, INC. TO MANAGE AND
ADMINISTER A $1,000,000 LITTLE HAVANA
BUSINESS DEVELOPMENT PROGRAM (See label
43).
32.
AUTHORIZE EXECUTION OF CONSENT TO LEASE
R 90-941 81-82
AGREEMENT AND EXECUTION OF EASEMENT
12/6/90
AGREEMENT WITH METROPOLITAN DADE COUNTY
RELATIVE TO ITS ENCROACHMENT UPON A
RIPARIAN AREA OF THE MIAMI RIVER TO
CONSTRUCT THE METROMOVER MIAMI RIVER
BRIDGE PIER AND FENDER SYSTEM BY DADE
COUNTY. (See label 32.)
33.
EXECUTE RECIPROCAL GRANTS OF EASEMENT
R 90-942 82-86
WITH METROPOLITAN DADE COUNTY: (a)
12/6/90
GRANT METRO EASEMENT TO CONSTRUCT /
MAINTAIN A GUIDEWAY FOR THE OMNI
EXTENSION OF THE METROMOVER EXTENSION
PROJECT; (b) RECEIVE FROM DADE A
CONDITIONALLY PERMANENT EASEMENT ACROSS
DADE COUNTY PROPERTY TO CONSTRUCT /
MAINTAIN PROPOSED S.E. 1 AVENUE ROADWAY
EXTENSION. (See label 32.)
34.
ENGAGE PROFESSIONAL SERVICES OF
R 90-943 86-87
FESTIVAL FLOATS, INC. ($30,000) FOR
12/6/90
CREATION OF AN ANTI -DRUG / CRIME
PREVENTION PARADE FLOAT.
35.
AUTHORIZE SUPPLEMENTAL FUNDING OF
R 90-944 88-89
ALTERNATIVES PROGRAM ($65,000).
12/6/90
0
36.
(A) GRANT REQUEST OF GREATER MIAMI
R 90-945 89-95
SERVICE CORPS TO RENDER SERVICES TO
R 90-946
PARKS DEPARTMENT IN LIEU OF RENTAL
12/6/90
PAYMENTS FOR USE OF CITY -OWNED BUILDING
IN LUMMUS PARK - SUPPORT CONCEPT OF
MAKING LUMMUS PARK'S REDEVELOPMENT A
PRIORITY.
(B) DISCUSSION WITH MAYOR PEDRO
REBOREDO OF WEST MIAMI CONCERNING FUNDS
AS REWARD MONEY FOR THOSE WHO PROVIDE
INFORMATION LEADING TO ARREST AND
CONVICTION OF CRIMINALS WHO SHOOT
POLICE OFFICERS - ESTABLISH $50,000
REWARD FUND (FOR 90 DAYS) FOR THE
ARREST AND CONVICTION OF THE KILLER OF
POLICE OFFICER PATRICK BEHAN OF BROWARD
COUNTY.
37.
DISCUSS AND TEMPORARILY TABLE PROPOSED
DISCUSSION 95
RESOLUTION ACCEPTING BID FROM LEADEX
12/6/90
CORPORATION ($159,943) (BASE BID) - FOR
ALLAPATTAH-COMSTOCK PARK LIGHTING
(SECOND BIDDING) (See label 44).
38.
ACCEPT BID: SITE TECH ENGINEERING
R 90-947 96
CORP. - FOR LOCAL DRAINAGE PROJECT, E-
12/6/90
66 ($773,600).
39.
REAPPOINT CERTAIN INDIVIDUALS TO SERVE
R 90-948 96-97
AS MEMBERS ON BOARD OF TRUSTEES OF CITY
12/6/90
OF MIAMI GENERAL EMPLOYEES' AND
SANITATION EMPLOYEES' RETIREMENT TRUST
(Reappointed were: Rose Gordon, T.
Willard Fair and Betty McKnight).
40.
CONFIRM SELECTION OF INDIVIDUAL TO
R 90-949 97-98
SERVE AS MEMBER ON BOARD OF TRUSTEES OF
12/6/90
CITY OF MIAMI GENERAL EMPLOYEES' AND
SANITATION EMPLOYEES' RETIREMENT TRUST
(Confirmed was: Pamela Shade).
41.
(A) APPOINT MEMBERS TO SERVE ON CODE
R 90-950 98-100
ENFORCEMENT BOARD (Appointed were: Jack
DISCUSSION
Topley and Mario Pons, Sr. (See label
12/6/90
71A) .
(B) BRIEF COMMENTS BY VICE MAYOR
PLUMMER REQUESTING THAT THE
INTERNATIONAL TRADE BOARD CONSIDER
INCREASING ITS REGULAR MEMBERS FROM 15
TO 20, AND ITS ALTERNATE MEMBERS FROM 5
TO 10 - DIRECT CITY ATTORNEY TO DRAFT
APPROPRIATE LEGISLATION. (See label
71.)
42.
(Continued Discussion) REQUESTED LOANS
DISCUSSION 100-101
IN CONNECTION WITH RECENT WYNWOOD
12/6/90
DISTURBANCE - BRIEF COMMENTS CONCERNING
MR. MANUEL FRIAS'S REQUEST FOR
ASSISTANCE (See labels 12, 17 & 21).
43.
(Continued Discussion) EXECUTE
R 90-951 102-103
AGREEMENT WITH MIAMI CAPITAL
12/6/90
DEVELOPMENT, INC. TO MANAGE AND
ADMINISTER A $1,000,000 LITTLE HAVANA
BUSINESS DEVELOPMENT PROGRAM (See label
31).
•
L
44. (A) (Continued Discussion) ACCEPT BID: R 90-952 104-108
LEADEX CORPORATION ($159,943)(BASE DISCUSSION
BID) - FOR ALLAPATTAH-COMSTOCK PARK 12/6/90
LIGHTING (SECOND BIDDING) (See label
37).
(B) DIRECT CITY ATTORNEY TO BRING BACK
APPROPRIATE LEGISLATION ESTABLISHING
CRITERIA WHICH WOULD REQUIRE BIDDERS TO
DISCLOSE ETHNIC BREAKDOWNS OF THEIR
WORKFORCES IN AN EFFORT TO IDENTIFY
MINORITIES - TO BE PATTERNED AFTER A
SIMILAR RECENT RESOLUTION PASSED BY
METROPOLITAN DADE COUNTY.
(C) BRIEF COMMENTS BY CITY ATTORNEY'S
OFFICE CONCERNING AN ORDINANCE PASSED
ON FIRST READING BY METROPOLITAN DADE
COUNTY CONSTITUTING A REQUIREMENT FOR
OVERALL HOURLY PAY RATES OF EACH
CONTRACTOR OR SUBCONTRACTOR TO INCLUDE
HOSPITALIZATION BENEFITS - CITY
ATTORNEY DIRECTED TO DRAFT SIMILAR
ORDINANCE FOR THE CITY - DIRECT
ADMINISTRATION TO ATTACH A COST FIGURE.
(D) DIRECT ADMINISTRATION TO PREPARE A
COST FIGURE, FOR COMPARISON PURPOSES,
IF THE CITY WERE TO PAY FOR LABORERS
WHO WORK FOR OUTSIDE CONTRACTORS. (See
label 37.)
45. ACCEPT COMPLETED WORK: MIRI R 90-953 108
CONSTRUCTION, INC. - FOR DOWNTOWN 12/6/90
HIGHWAY IMPROVEMENT - PHASE II
(District H-4521).
46. ACCEPT COMPLETED WORK: RUSSELL, INC. - R 90-954 109
FOR S.W. 16 STREET HIGHWAY IMPROVEMENT 12/6/90
(District H-4488).
47. ACCEPT COMPLETED WORK: M. VILA AND R 90-955 109-110
ASSOCIATES, INC. - FOR EAST LITTLE 12/6/90
HAVANA HIGHWAY IMPROVEMENT - PHASE II
(District H-4528).
48. AUTHORIZE INCREASE IN CONTRACT WITH R 90-956 110-111
PINO-FONTICIELLA AND ASSOCIATES, INC. - 12/6/90
FOR GRAND AVENUE PARK - BUILDING
RENOVATION (CIP 331342) - RATIFY
MANAGER'S FINDING OF EMERGENCY.
49. WAIVER FORMAL COMPETITIVE SEALED BID R 90-957 111-112
PROCEDURES FOR CONSTRUCTION AND 12/6/90
EQUIPMENT FOR THE ALLAPATTAH ELDERLY
PROGRAM FACILITIES EXPANSION PROJECT -
RATIFY MANAGER'S FINDING OF EMERGENCY.
50. EXPRESS CITY COMMISSION'S SUPPORT OF M 90-958 113-117
REQUEST BY LIBERTY COLUMN, INC. TO 12/6/90
PLACE MONUMENT IN BAYFRONT PARK - REFER
TO BAYFRONT PARK MANAGEMENT TRUST.
51. GRANT REQUEST BY LIPTON FOR CLOSURE OF R 90-959 117-118
DESIGNATED STREETS CONCERNING THEIR 12/6/90
TENNIS STREET MARCH EVENT.
52. (A) DIRECT CITY MANAGER TO REFER ALL M 90-960
REQUESTS FOR PROPOSALS RELATING TO DISCUSSION
WATERFRONT ISSUES TO THE MIAMI R 90-961
WATERFRONT BOARD FOR REVIEW AND 12/6/90
RECOMMENDATION 30 DAYS PRIOR TO
CONSIDERATION BY CITY COMMISSION.
(B) DIRECT CITY MANAGER TO PLACE SIGNS
AT DESIGNATED AREAS IN BICENTENNIAL
PARK, READING: "USE THESE RAMPS AT YOUR
OWN RISK".
(C) REAPPOINT INDIVIDUAL TO SERVE ON
MIAMI WATERFRONT BOARD (Reappointed
was: Stuart Sorg).
53. (A) GRANT, IN PRINCIPLE, REQUEST TO M 90-962
APPROVE PLACEMENT OF PLAQUE FOR DISCUSSION
FERNANDO ALBUERNE ON THE LATIN STARS 12/6/90
WALK (S.W. 8 STREET/CALLS OCHO).
(B) DIRECT ADMINISTRATION TO LOOK INTO
ALLEGATIONS OF POSSIBLE IRREGULARITIES
IN THE ADMINISTRATION OF FEES CONNECTED
WITH INSTALLATION OF PLAQUES ON LATIN
STARS WALK.
_ 54. DISCUSSION CONCERNING REMOVAL OF TOXIC DISCUSSION
WASTE IN EAST OVERTOWN/PARK WEST 12/6/90
REDEVELOPMENT AREA AND FUTURE HANDLING
OF THIS ISSUE IN CITY CONTRACTS.
55. (A) DISCUSSION CONCERNING CHARLEE DISCUSSION
PROGRAM FACILITY AT 2915 S.W. 1 AVENUE M 90-963
(ADULT CONGREGATE LIVING FACILITIES, 12/6/90
NURSING HOMES, FOSTER HOMES, COMMUNITY
BASED RESIDENTIAL FACILITY.
(B) STIPULATE THAT HOURS OF OPERATION
FOR SIMPSON PARK AND ALICE WAINWRIGHT
PARK SHALL BE FROM SUNRISE TO SUNSET -
STIPULATE THAT ANYONE FOUND IN THE
PARKS BETWEEN THOSE HOURS WOULD BE
APPREHENDED FOR TRESPASSING AND DEALT
WITH ACCORDINGLY.
56. GRANT FUNDING REQUEST FROM M 90-964
REPRESENTATIVES OF THE MARTIN LUTHER 12/6/90
KING BIRTHDAY CELEBRATION TO BE HELD IN
BAYFRONT PARK.
57. DIRECT CITY MANAGER TO ALLOCATE SAME R 90-965
LEVEL OF FUNDING AS LAST YEAR ($10,000) 12/6/90
TO CITY OF MIAMI COMMITTEE ON ECOLOGY
AND BEAUTIFICATION.
58. INSTRUCT ADMINISTRATION TO SCHEDULE THE M 90-966
EVALUATION OF CESAR ODIO, CITY MANAGER, 12/6/90
AS FIRST ITEM ON JANUARY 10, 1991
AGENDA.
59. EMERGENCY ORDINANCE: APPROVE TWO- ORDINANCE
SIXTHS OF DOWNTOWN DEVELOPMENT 10821
AUTHORITY'S BUDGET FOR FISCAL YEAR 12/6/90
1991.
60. DIRECT ADMINISTRATION TO SCHEDULE, AS DISCUSSION
REGULAR AGENDA ITEM FOR NEXT MEETING, 12/6/90
DISCUSSION ON THE POSSIBILITY OF
SUNSETTING THE DOWNTOWN DEVELOPMENT
AUTHORITY.
119-141
141-145
145-154
154-172
173
174-175
176-177
177-178
179
bl. DISCUSS AND MOMENTARILY TABLE DISCUSSION
CONSIDERATION OF PROPOSED SETTLEMENTS 12/6/90
(BEFORE THE HOLIDAYS) OF $55,000 AND
$63,000 (See label 78).
62. BRIEF COMMENTS CONCERNING: (a) DISCUSSION
PROPOSED FIRST READING ORDINANCE 12/6/90
AMENDING 10544 (MCNP FUTURE LAND USE
MAP) BY CHANGING LAND USE DESIGNATION
AT 2225 S.W. 22 AVENUE FROM SINGLE
FAMILY RESIDENTIAL TO RESTRICTED
COMMERCIAL; AND (b) PROPOSED FIRST
READING ORDINANCE CHANGING 11000 ZONING
ATLAS AT 2225 S.W. 22 AVENUE FROM R-1
SINGLE FAMILY RESIDENCE TO C-1
RESTRICTED COMMERCIAL (Applicant: Exxon
Corporation) See labels 72 & 73).
63. DISCUSS AND CONTINUE TO JANUARY 24, DISCUSSION
1991: (a) PROPOSED FIRST READING 12/6/90
ORDINANCE AMENDING 10544 (MCNP FUTURE
LAND USE MAP) BY CHANGING DESIGNATION
AT 3729-49 N.W. 24 AVENUE FROM MEDIUM
DENSITY MULTIFAMILY RESIDENTIAL TO
GENERAL COMMERCIAL; AND (b) PROPOSED
FIRST READING ORDINANCE CHANGING 11000
ZONING ATLAS AT 3729-49 N.W. 24 AVENUE
FROM R-3 MULTI -FAMILY MEDIUM DENSITY
RESIDENTIAL TO C-2 LIBERAL COMMERCIAL.
(Applicant: Orlando & Delfina de los
Reyes.)
64. SECOND READING ORDINANCE: AMEND 11000 ORDINANCE
ZONING ATLAS AT 2490-2670 N.W. 18 10822
TERRACE FROM R-2 TWO FAMILY RESIDENTIAL 12/6/90
TO SD-4 WATERFRONT INDUSTRIAL
(Applicant: Planning, Building & Zoning
Dept.). (Note: Pursuant to City
Attorney's direction, the hereinbelow
ordinance was changed to constitute a
second reading ordinance - see memo on
file.)
65. GRANT REQUEST FOR CITY COMMISSION R 90-967
REVIEW OF CLASS C SPECIAL PERMIT 12/6/90
APPLICATION (90-1571) AT 3049-3055 S.W.
27 AVENUE (with proviso). (Applicant:
Antonio Marina.)
66. GRANT APPEAL (REVERSE ZONING BOARD'S R 90-968
DENIAL OF SPECIAL EXCEPTION) - TO ALLOW 12/6/90
ADDITION OF A TWO-STORY STRUCTURE
CONTAINING FOUR RESIDENTIAL UNITS AT
3160 S.W. 23 STREET (with proviso).
(Applicant: Benito & Diana Fernandez.)
67. GRANT REQUEST BY STATE OF FLORIDA FOR R 90-969
VACATION AND CLOSURE OF N.W. 1 COURT 12/6/90
(NORTH OF NORTH RIGHT-OF-WAY LINE OF
N.W. 4 STREET AND SOUTH OF SOUTH RIGHT-
OF-WAY LINE OF N.W. 5 STREET) AS
CONDITION OF APPROVAL OF TENTATIVE PLAT
(1384): STATE OF FLORIDA REGIONAL
SERVICE CENTER (with provisos).
179-182
182-163
183-189
189-190
191-192
192-199
199-203
68. DENY APPEAL BY PLANNING DEPARTMENT - R 90-970
UPHOLD ZONING BOARD'S APPROVAL OF 12/6/90
SPECIAL EXCEPTION TO ALLOW CONSTRUCTION
AND OPERATION OF A DRIVE-IN TELLER FOR
FINANCIAL INSTITUTION AT 1401 BRICKELL
AVENUE (Applicant: Brickell Land
Holding Co.). (See label 69).
69. GRANT REQUEST FOR RELEASE OF A R 90-971
CONDITION ESTABLISHED IN RESOLUTION 12/6/90
43159 (1/20/72) WHICH REQUIRED A 7 FOOT
LANDSCAPED AREA ALONG REAR PROPERTY
LINE - ACCEPT COVENANT (Applicant:
Brickell Land Holding Co.) (See label
68)
70. CONFIRM PRIOR APPOINTMENTS, AND SPECIFY R 90-972
TERMS OF OFFICE OF CERTAIN INDIVIDUALS 12/6/90
ON URBAN DEVELOPMENT REVIEW BOARD
(Appointment of individuals as
deferred).
71. (A) APPOINT INDIVIDUAL TO CODE R 90-973
ENFORCEMENT BOARD (Appointed was: James M 90-974
Angleton) (See label 41A). 12/6/90
(B) APPOINT INDIVIDUALS TO YOUTH GANG
TASK FORCE (Appointed were: Guy
Sanchez, Fernando Figueredo and Pablo
Canton).
72. DENY PROPOSED FIRST READING ORDINANCE M 90-975
AMENDING 10544 (MCNP FUTURE LAND USE 12/6/90
MAP) BY CHANGING DESIGNATION AT 2225
S.W. 22 AVENUE FROM SINGLE FAMILY
RESIDENTIAL TO RESTRICTED COMMERCIAL
(Applicant: Exxon Corporation) (See
label 62).
73.
DENY PROPOSED FIRST READING ORDINANCE
M 90-976
CHANGING 11000 ZONING ATLAS AT 2225
12/6/90
S.W. 22 AVENUE FROM R-1 SINGLE FAMILY
RESIDENCE TO C-1 RESTRICTED COMMERCIAL
(Applicant: Exxon Corporation) (See
label 62).
74.
GRANT APPEAL BY POMELO PARK HOMEOWNERS
R 90-977
ASSOCIATION AND REVERSE ZONING BOARD'S
12/6/90
SPECIAL EXCEPTION (PREVIOUSLY GRANTED
TO LEONARD R. RALBY [APPLICANT] /
ROBERT S. GEIGER [TRUSTEE:]) WHICH WOULD
HAVE ALLOWED CONSTRUCTION OF NINE
DWELLING UNITS IN FIVE STRUCTURES AT
3373 S.W. 28 TERRACE.
75.
GRANT APPEAL BY RALEIGH L. GRAHAM AND
R 90-978
REVERSE ZONING BOARD'S SPECIAL
12/6/90
EXCEPTION (PREVIOUSLY GRANTED TO REV.
EDWARD A McCARTHY, AS ARCHBISHOP OF
MIAMI ARCHDIOCESE) WHICH WOULD HAVE
ALLOWED CONSTRUCTION AND OPERATION OF A
HOUSE OF WORSHIP AT 347-401 N.E. 26
TERRACE.
76.
FIRST READING ORDINANCE: AMEND 11000
ORDINANCE
ZONING ATLAS - APPLY SD-20 EDGEWATER
FIRST READING
OVERLAY DISTRICT TO AREA BOUNDED BY
12/6/90
N,E, 2 AVENUE AND BISCAYNE BAY, FROM
N.E. 36 STREET TO I-95 (AIRPORT
EXPRESSWAY) (Applicant: Planning,
Building & Zoning Dept.).
203-204
205-207
208-209
209-211
212-216
216-217
217-231
232-233
234
0
77. URGE MIAMI CAPITAL DEVELOPMENT, INC. TO R 90-979 235-236
DO EVERYTHING IN ITS POWER TO EXTEND A 12/6/90
$200,000 LOAN TO TEATRO MARTI TO ASSIST
WITH THEIR OPERATIONAL EXPENSES.
78. (Continued Discussion) SETTLEMENT: R 90-980 236-237
ROSLAND RUSSELL COLLIER ($63,000) (See 12/6/90
label 61).
79. (Continued Discussion) SETTLEMENT: R 90-981 237-238
FELIX MIDENCE ($55,000) (See label 61). 12/6/90
0
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 6th day of December, 1990, the City Commission of Miami, Florida,
met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami,
Florida in regular session.
The meeting was called to order at 9:08 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 who then led those present
in a pledge of allegiance to the flag.
1. PRESENTATIONS, PROCLAMATIONS, AND SPECIAL ITEMS.
1.
Proclamation to: Operation Dessert Assist Day, an offer
made by Veterans
Life Insurance Company of Valley Forge, Pennsylvania
to gather items from
a "wish list" made by our U.S, military personnel in
the
Persian Gulf.
2.
Commendation to: Kathryn R. Daegling, for being selected
by the Florida
Fire Marshals Association Selection Committee
as
the 111990 Fire
Inspection of the Year."
3.
Presentation to Tom Branden for his dedication to
City
children by his
dressing as Santa Claus.
4.
Proclamation to Metro -Miami Action Plan
for
its business
entrepreneurship.
NOTE FOR THE RECORD: At this point, the Minutes of
the Planning and Zoning meeting of September 27, 1990
were approved.
1 December 6, 1990
0
2. BRIEF COMMENTS AND TEMPORARY DEFERRAL OF DISCUSSION CONCERNING CERTAIN
DESIGNATED CLAIM AWARDEES AGREEING TO ACCEPT LESSER AMOUNTS IF PAID
BEFORE CHRISTMAS (See labels 61 and 78)
Commissioner Dawkins: Mr. Mayor, before we get started.
Mayor Suarez: Yes, Commissioner.
Commissioner Dawkins: Is somebody here from the Law Department? - I have a
resolution here saying that we offered seventy-five thousand dollars ($75,000)
to settle a claim, and that the individuals are willing to accept fifty-five
thousand dollars ($55,000) if we pay the claim prior to Christmas, which is a
ten thousand dollar ($10,000) saving. Is that a fact?
Mr. Fernandez: I don't know right now what you're talking about without more,
I need to see something.
Commissioner Dawkins: OK, I'll bring it up after lunch.
3. AUTHORIZE CITY MANAGER TO ALLOW PIG BOWL FOOTBALL GAME TO TAKE PLACE AT
THE ORANGE BOWL STADIUM (1/19/90).
Vice Mayor Plummer: Mr. Mayor, in presentations, I'm sorry... presentations
in which we receive money is always very good presentations, and Mr. Mayor...
Mayor Suarez: Sorry.
Vice Mayor Plummer: ... the people of the "Pig Bowl" are here.
Mayor Suarez: Yes, I think we skipped the most important item.
Vice Mayor Plummer: Yes, when they are giving us money, I think we should
very definitely recognize... that redheaded guy from - what's that agency you
work for that's bankrupt and defunct? -and... come over and tell us what you
would like to tell us, and bring the check. Don't forget the check. Miller,
I want you to look at their poster and the Miami football player.
Vice Mayor Plummer: You all didn't take me to California, so what, Miami
Herald wouldn't let you take me to
Vice Mayor Plummer: They didn't take me to California either.
Commissioner Dawkins: Everybody has been to California, but me...
Vice Mayor Plummer: But not me.
Commissioner Dawkins: And you and I appropriate the money.
Vice Mayor Plummer: You know, that's what happens.
Mr. Irving Heller: My name is Irving Heller, I am assistant director with
Metro -Dade Police Department, and the president of the Pig Bowl Charity Fund
Inc. Also, with me, is my co-chair people, is Rodney Baretto with the Greater
Miami Host, Sergeant Harvey Bach with the City of Miami, Captain Dennis Shaw
with Metro -Dade, and Rick Colpitts with... lieutenant with the City of Miami.
What we have here is a combination of checks from the last game. We have
given out over one hundred thousand dollars ($100,000) to the United Way,
Partners for Youth, Police Officers Assistance Trust Fund, and that benefits
all police officers in time of need, the Special Olympics, we can go on and
on. The next game will be played in the Orange Bowl hopefully, January 19th
of 1991. We have invited Los Angeles Police Department to come dawn, we have
called it, "Duel at Dusk," we hope to raise more money to give to t-he Partners
of Youth, other organizations that need the money, especially now during these
trying times, we feel that we are helping out. We want to portray the police
2 December 6, 1990
0 0`
officers of City of Miami, and Metro -Dade as caring people that volunteer
their own personal time to practice... this is all done on their own time, to
get out there and raise money. We hope to put forty thousand people in the
stands, we are the national champions, we beat Los Angeles...
Vice Mayor Plummer: No more commercials.
Mr. Heller: ... we beat New York City, and again, we want to invite everyone
to come. Thank you.
Vice Mayor Plummer: Mr. Mayor, after that very long unpaid commercial, I
would like to make a motion at this time that I think is very appropriate,
that we allow the "Pig Bowl" to be in the Orange Bowl, January the 19th, under
the same terms and conditions as last year, I so move.
Mayor Suarez: So moved.
Vice Mayor Plummer: If anybody else move it, I'll second it, but not J.L.
Plummer.
Mayor Suarez: Let the record reflect that Commissioner Dawkins moved it, and
De Yurre seconded it,
Vice Mayor Plummer: And I vote against it.
Mayor Suarez: All in favor of... call the roll. We don't do it by just
calling any doing.
The following motion was introduced by Vice Mayor Plummer, who moved its
adoption:
MOTION NO. 90-913
A MOTION AUTHORIZING THE "PIG BOWL" FOOTBALL GAME TO
TAKE PLACE BETWEEN CITY OF MIAMI POLICE OFFICERS AND
METROPOLITAN DADE COUNTY AT THE ORANGE BOWL STADIUM ON
JANUARY 19, 1991, UNDER THE SAME TERMS AND CONDITIONS
AS LAST YEAR.
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 AFTER ROLL CALL:
Mayor Suarez: And thank you, and congratulations once again. I hate to be
thanking Rodney Baretto who is liable to be here on something else a little
later today that he needs from us, but I must do so at this point.
Mr. Heller: OK, thank you, sir.
Vice Mayor Plummer: We don't have a photographer.
Commissioner Alonso: He is armed this time.
Vice Mayor Plumuaer: No photographer?
3 December 6, 1990
--------------------
4. CONSENT AGENDA
(A)
CLARIFICATION AND MODIFICATION OF AGENDA ITEM CA-6
(APPROVING
AGREEMENTS WITH (a) MANUEL G. VERA AND ASSOCIATED,
INC., (b)
BISCAYNE ENGINEERING COMPANY, (c) FERNANDO Z. GATELL, P.L.S.,
INC., (d) WEIDENER SURVEYING AND MAPPING, AND (e)
LANNES AND
GARCIA, INC. - FOR PROFESSIONAL SURVEYING SERVICES FOR CALENDAR
YEARS 1991-92 (See label 4.60.)
(B)
BRIEF CLARIFYING COMMENTS ON CONSENT AGENDA ITEM CA-3
(ACCEPTING
BID OF CLOVER COMMUNICATIONS, INC. - FOR FURNISHING
PACKET -MODE
NETWORK UNITS) - ISSUE PLACED BACK ON CONSENT AGENDA
(See label
4.3).
(C)
(i) DISCUSSION AND CLARIFICATION OF CERTAIN ASPECTS
OF CONSENT
AGENDA ITEM CA-10 (DIRECTING CITY MANAGER TO PURCHASE
FEE SIMPLE
TITLE TO PARCEL AT 129 N.W. 34 TERRACE - CONCERNING EXPANSION OF
ROBERTO CLEMENTE PARK - CIP 331056) (See label 4.9).
(ii) EXPRESS INTENT TO GIVE HIGHEST PRIORITY TO ROBERTO CLEMENTE
PARK PROJECT.
------------------------------------------------------------------------------
Mayor Suarez: Items CA-1 through CA-14 constitute the consent agenda. If
anyone wishes to be heard on any of these items, please step forward,
otherwise, we will handle them collectively. Let the record reflect that no
one stepped forward. Commissioners, if you want...
Mr. Fernandez: Mr. Mayor.
Mayor Suarez: Yes.
Mr. Fernandez: CA-12 has been withdrawn.
Mayor Suarez: Thank you.
Mr. Fernandez: CA-8, we need to pull that from the agenda, that's a Wynwood
_ item, because that's a resolution allocating funds, but we have discovered on
a timely basis, that there is no ordinance appropriating those funds that are
being allocated, so we are preparing right now, an emergency ordinance for
your consideration, which I just have placed in front of me right now, so that
once the emergency ordinance is passed appropriating the funds, you can then
proceed and pass that resolution.
Mayor Suarez: OK. Does it make sense then to just not call that together
with the rest of the consent agenda, and handle it individually?
Mr. Fernandez: And you can handle that immediately, because I just have the
ordinance in front of me right now.
Mayor Suarez: OK, we will just hold it in abeyance for a couple of moments.
Vice Mayor Plummer: Mr. Mayor.
Mayor Suarez: Yes, Commissioner Plummer.
Vice Mayor Plummer: I apologize under "Commission Awareness" that I would
like a clarification on CA-3.
Mayor Suarez: OK. With the exception then of CA-3, the one withdrawn which
is 12, and the one you just mentioned Mr. City Attorney which is...
Mr. Fernandez: CA-8.
Mayor Suarez: Eight.
Mr. Fernandez: And also, I'd like to make a minor clarification on consent
agenda number 6, that...
Mayor Suarez: OK, what is the clarification on 6?
4 December 6, 1990
0
Mr. Fernandez: ... that resolution does not have the footnote that usually
accompanies, or is included in all those resolutions that the attached
agreement is subject to final review by the City Attorney. Because the
agreements for the land surveyors, we need to change a definitional phrase in
the definition section of it. It's minor, but you must be aware of that.
Commissioner Alonso: And that is CA-6?
Mr. Fernandez: CA-6, yes.
Mayor Suarez: OK. Can we deem that to be incorporated then, and still vote
on it collectively?
Mr. Fernandez: Correct. Yes, you can.
Mayor Suarez: Thank you. So leaving out CA-12, 8, and the one Commission
Plummer, that you wanted, is 7?
Vice Mayor Plummer: Yes... no, CA-3...
Mayor Suarez: Three. Thank you.
Vice Mayor Plummer: ... and if somebody from the Fire Department will come up
here real quick, like...
Mayor Suarez: But we can vote on the rest and then...
Mayor Suarez: OK.
Mayor Suarez: ... clarify anything on that.
Mr. Odio: Commissioner, that's to hook up the Citywide INET lines to the data
terminals in the Fire Department.
Vice Mayor Plummer: I withdraw my...
Mayor Suarez: OK, with the exceptions of CA-8, and 12, Mr. Santiago, did you
want to say anything about any of the other items?
Mr. Freddy Santiago: Yes, on CA-10, I'd like to ask the Commission to along
with this resolution, to please do whatever is necessary or/and inform the
people in position to take action, that we don't want this park... we want the
parcel purchase on the park left along for years, like we have had for almost
three years now before somebody gets done. We want immediate action, we want
this done immediately, we want at least within six months, we want to be able
to go in there in that park and start doing some activities for the youth in
this community.
Mayor Suarez: Mr. Manager, how could we... what action do we need to take in
conjunction with CA-10, and otherwise, to fast track the completion of the
improvements in the park, such as we did in Range Park.
Commissioner De Yurre: Mr. Mayor, can we find out first what he has in mind
before we start expediting it? It maybe that it's already on a timely basis.
I think that we should find out where we are at right now.
Mr. Odio: This park has been in progress, in constant progress. You do not
buy parcels of land that had to be negotiated on an individual basis
overnight. We have spent a million, eight hundred thousand dollars
($1,800,000) in that place.
Mayor Suarez: Will this complete the purchase? - this item.
Mr. Odio: Yes, it has.
Mayor Suarez: What after that, Mr. Manager? - without going into the history
please. What do we do to speed up the construction as we have done in other
cases, sir?
Mr. Odio: We are going to go out for bids, the moment that we buy this...
5 December 6, 1990
0 0
Mayor Suarez: All right, so the whole process of fast tracking as we did in
the case of Range Pool and Park, is apparently a fiction of our imagination?
There is no need to do any of that to resolve, to fast track this?...
Mr. Odio: No, sir. We...
Mayor Suarez: ... or that was all, just something we said to the community as
kind of a deception then? - is what you're telling us?
Mr. Odio: We did Range Park. Was the Range Pool that we did on the fast
track?
Mayor Suarez: Yes. Can we do that with this park, sir?
Mr. Odio: We will... we continuously... yes, we can build this park as fast
as...
Mayor Suarez: What do you need from this Commission assuming that it passes
to reflect our feeling that this should be done on a fast track basis? I
would tell you for my myself, if at any time you need Commission approval for
anything, we are willing to have special sessions.
Mr. Odio: But we don't need that.
Mr. Santiago: I can tell you, Mr. Manager, and fellow Commissioners...
Mayor Suarez: I am just telling you for ourselves, I think I reflect the
sense of this Commission of the urgency of getting that accomplished, but I am
trying to get from the administration, Freddy, what they can do to fast track
it, and I am not getting any clear precise answers. In fact, I am not getting
any answers at all.
Commissioner Dawkins: I think what the Mayor is asking...
Mr. Santiago: To make it even worse...
Commissioner Dawkins: I think what the Mayor is asking is, what is the status
of the park renovations as of today, what's going to be done tomorrow, and
what's the completion date? That's all we are asking.
Mr. Odio: This... We are...
Commissioner Dawkins: Isn't that... am I correct, Mr. Mayor?
Mayor Suarez: Yes.
Mr. Odio: The answer to that is the agenda, consent agenda has a parcel
purchase which is the last parcel we needed to be able to complete the
acquisition. The next step is, we would have to go to another community
meeting so that they could decide what they want in the park, because we have
had problems with that, and then after that we will get some...
Mayor Suarez: When is that community meeting going to take place?
Mr. Odio: As soon as we can arrange that.
Mayor Suarez: How about?...
Commissioner Dawkins: No, no, wait a minute, hold it.
Mayor Suarez: Commission Dawkins.
Commissioner Dawkins: Why can't some of these things be done simultaneously?
Why is it necessary to wait until you acquire the property to draw plans, and
landscape, and have a plan of what you want to do, and to go ahead and do it
the day that you have acquisition, rather than waiting until you've got
acquisition to come up with the plans?
Vice Mayor Plummer: How do you... I'm not answering your questions, so don't
jump on top of me. But how do you do it when the parcel is in the middle of
the football field? - that you don't look. Haven't we learned a lesson from
the so called, whatever it's called, Latin Quarter property? - that we're
6 December 6, 1990
4
probably going to have to vacate that site because of the people around there
are... got gold buried there, but the prices they are asking for it. The
parcel is here, and I went into this... is a parcel that is a key parcel to
the whole development. If that parcel is not acquired, the whole process has
to be redone. There is another parcel involved that we are not going to buy,
it's not a key parcel, and that person in my estimation is being unreasonable,
so we're not going to buy that one.
Vice Mayor Plummer: Yes, but you don't...
Vice Mayor Plummer: But this one on the agenda for today...
Mayor Suarez: But you don't quarrel with the thought and the idea that there
should have been community input...
Mr. Odio: We have that.
Mayor Suarez: ... prior to today in simultaneous as Commissioner...
Vice Mayor Plummer: Excuse me, there has been community input.
Mr. Odio: We had two meetings.
Mayor Suarez: Why do we then... do you feel there has been community input?
Mr. Santiago: There has been community input, but I think that the
administration, whoever is in charge could of really processed this, and had
the plans already finalized as to what's going to be done there. Now they are
going to start with the plans, of what's going to be done there, and it will
take months for the plans to be developed before something gets done. We knew
that the parcel was going to be purchased sooner or later, but now that the
parcel is being purchased, now they're going to start with the planification
of the park itself, when this all should have been done already, and today
they should have started construction almost immediately after the approval of
this final parcel of land.
Mr. Odio: Mr. Santiago, I didn't know you were an expert on parks building.
Mr. Santiago: My friend...
Mr. Odio: I didn't you were an expert.
Mayor Suarez: He is becoming one, along with the rest of us. We are becoming
experts on everything up here.
Mr. Odio: I think you should stay within your own field, sir.
Mr. Santiago: Well, at least I'm becoming an expert in something, you're an
expert in very few things.
Mr. Odio: Just don't tell us what to do, and how to do it.
Vice Mayor Plummer: Hey, you know, this...
Mayor Suarez: I asked him Mr. Manager, for his input, please. All right, how
soon can we?...
Vice Mayor Plummer: Mr. Mayor, can we stop arguing about why, when and where,
and let's talk about getting it done.
Mayor Suarez: That's it.
Vice Mayor Plummer: OK?
Mayor Suarez: How soon can we get the community hearings to get input? Mr.
Manager, please...
INAUDIBLE COMMENTS NOT ENTERED INTO THE RECORD.
Vice Mayor Plummer: OK. Hey, I'm not interested in an argument.
Mayor Suarez: ... how soon can we get community input?
7 December b, 1990
Mr. Santiago: Give us an answer.
Mayor Suarez: You're ready tomorrow? - for the hearing?
Mr. Alberto Ruder: Yes, tomorrow, tonight.
Mayor Suarez: Is it a formal hearing, Al, or is it just a meeting in the
community?
Mr. Ruder: It should be a hearing where we put public notice. We will do
that. That takes... how many days?
Mayor Suarez: Well, you put public notice out there right now, and everybody
is going to read it within minutes, because the cameras and everybody is going
to cover it, so...
Mr. Ruder: OK, we'll do it.
Mayor Suarez: ... I mean, you never had a better opportunity to get public
notice of anything in your entire life in any section of the City.
Mr. Ruder: OK, we'll do it right away.
Mayor Suarez: Thank you. What other ways can we devise to have fast tracking
of this, Mr. Manger? What about the plans? Freddy, wasn't there an idea to
have someone submit his own plans, that would be at no cost to the City, and
would...
Mr. Santiago: Oh, Mr. Garris from the Garris Construction had agreed...
Mr. Odio: Yes, he did.
Mr. Santiago: ... to make the... and pay for the plans for the development of
the park, and I don't know what's happening with all the incidents that we
have had there. I don't know at what stage we are in now, whether he is going
to continue doing it, or whether he has changed his mind. I don't know, Mr.
Mayor.
Mayor Suarez: If we get plans donated and so on, and they are approved by the
Parks Department, Mr. Manager, can we sort of avoid the need for RFPs and the
whole bit for design? I mean, it seems like to me, we would have a standard
design for a park, we wouldn't always have to be getting architects to design
it, but that's... apparently I am just knowledgeable enough about designing a
park, but assuming that we - them donated by somebody that is paying for it,
can we avoid the whole RFP process?
Mr. Odio: If it's 100 percent donated, we can.
Mayor Suarez: All right, that's another help. What else can we do?
Mr. Santiago: But who is going to follow through, and make sure that it's
done? I mean just to the fact, you're saying...
Mayor Suarez: Well, I am going to ask for a resolution from the Commission on
that Freddy, because it will reflect our desire that this be fast tracked to
the extent that we've done that in other cases. It will reflect our
willingness to have special sessions to get this approved, to take community
input. One concern that I have Mr. Manager is, and now, is that some element
of this park be kept alive while we are rebuilding it. To just destroy it all
in the effort to rebuild, or expand, is almost counter productive. I am
particularly concerned as you might expect with the basketball courts, that's
where the kids really spend a lot of time, that's what they enjoy, it's got
magnificent lighting I want you to know, and if there is anything, any way we
can keep that functioning while the renovations are taking place, and then
ultimately...
Mr. Ruder: Sure, we'll take that into consideration.
Mayor Suarez: Because one of the elements of friction in the communities, is
that kids feel that they are not being allowed to use their own park to a
great extent, and we can get into that possibly at some other point, if the
community brings it up.
8 December b, 1990
I
Commissioner De Yurre: Mr. Mayor, I have a couple of concerns I need to
address. First of all, it's been expressed to me by public works that fast
tracking runs a risk. And the risk is that we may not be able to get the
product that we want, because of trying to expedite the situation, and instead
of... and I think we had a problem with Range Pool if I'm not mistaken...
Mr. Odio: We had... we have a serious problem in Range Pool.
Commissioner De Yurre: OK? And it was all because it was fast tracked, and
now we've got problems, so I have to caution the Commission that yes, we want
things done, and by the same token if... you know, I hope that this Commission
is also as sensitive to this park as it would be to other parks that...
Shenandoah, the four tennis courts, for years we have been trying to get them
fixed, now finally, we are in that process, but you know, let's be fair to all
the communities and make sure that the needs, which is a dire need for Roberto
Clemente Park, that they also be sensitive to the other areas.
Mr. Santiago: I can Park
Commissioner De Yurre: But I'd like to have the City Manager, address the
issue of fast tracking, and the problem that we have at Range Pool, right now.
Mr. Odio: That's why I am reluctant to fast tracking, and what I will do
is...
Commissioner De Yurre: No, but explain why, you know.
Mayor Suarez: So far, you've told us that fast tracking is basically just
advancing hearings, I don't see...
Mr. Odio: No, we went out and contracted some people, and it turned out that
we do have a crack problem in the pool, and I hope we can, we will get it
corrected, but the danger of doing things fast is that... but I will assure
the Commission that we will proceed with this plan as planned, and the plan
that we have for this park as planned, and do it as soon as we think we can
move on, and it will be as fast we can.
Mayor Suarez: I'll entertain a motion from this Commission unless
Commissioner De Yurre is still concerned about the impact of fast tracking
that we will make this an absolute highest priority for the department, and
for the City, and give it every possible expediting component that you can
give it, Mr. Manager, including if need be, special Commission action at some
point, so that if there is anything missing at some point, and you know what
happens a lot, all of a sudden we just don't have a Commission meeting coming
up, something needs to be done, a signature needs to be affixed on a
resolution which you need Commission action on, and then we find out that for
thirty days, for sixty days, the matter just didn't get on the agenda. The
community is going to have to be alert to, I have to tell you, because it just
simply can never be totally ourselves. I mean, I hate to admit it but we
cannot be left totally to our own devices here.
Mr. Santiago: I understand.
Mayor Suarez: So please don't think that just with a resolution we will solve
everything.
Commissioner De Yurre: Mr. Mayor, I'll make that motion provided that it
doesn't impact, and that the same effort that is being made to this, continue
with our sports complex in Allapattah which is a priority also to that area.
Mr. Santiago: You know, we are talking about the Roberto Clemente Park has
been going... Mr. Commissioner, when are you going to stop (expletive
deletive) this Commission, and let's talk about the Roberto Clemente Park
only? Why do you have to bring up every other park along with this issue?
Mayor Suarez: Freddy, please.
Mr. Santiago: Let's talk about the Roberto Clemente Park and let's get it
solved.
Mayor Suarez: It's not going to change the...
9 December 6, 1990
I
0
Commissioner De Yurre: Freddy, it doesn't... one thing doesn't affect the
other Freddy.
Mr. Santiago: Jesus Christ, man, enough is enough! Give this community a
fair opportunity to do what has to be done. Why do you have to bring
everybody else in here?
Commissioner De Yurre: Because this is a whole community.
Mayor Suarez: Freddy.
Mr. Santiago: You are the worst enemy this community has.
Mayor Suarez: Please Freddy, that's not going to help. The Clemente Park
renovation has been established by prior Commission resolution, if I remember
correctly. Yes, way, way, back, as the highest park priority of the City.
Mr. Santiago: Not according to Mr. De Yurre. It is the last on his agenda.
Mayor Suarez: Well, I don't think he was on the Commission at the time
Freddy, and it's not his fault. He is concerned about other mistakes made in
advancing other projects.
Mr. Odio: Mr. Mayor, out of eight million dollars ($8,000,000) that we had on
a bond issue...
Mayor Suarez: You are going to tell me that a lot of it is going to be spent
for Clemente Park?
Mr. Odio: Most of it is going to this park.
Mayor Suarez: But the delay is the problem, and that's what we are trying to
solve, Mr. Manager.
Mr. Santiago: But how much has been spent?
Mr. Odio: There has been no delay. It is a tedious...
Mr. Santiago: There has been a lot of delay, sir. I disagree with you.
Mr. Odio: I don't need to listen to you.
Mayor Suarez: I don't mean intentional delay, I mean the passage of time,
please, Freddy.
Mr. Fernandez: Point of order, Mr. Mayor.
Mayor Suarez: Freddy, please, we can't have any more intemperate comments.
Commissioner Alonso: OK. May I make a comment please?
Mayor Suarez: Commissioner Alonso.
Commissioner Alonso: Yes. I think what we have to establish rather than
getting ourselves into a fight here today, that that's the last thing that we
need. It's... first of all, establishing that we are going to move ahead as
fast as it is possible, taking into consideration that everything will be done
appropriate, following every step of the rule, and also, at the same time, we
have to look into the situation that we will provide an opportunity of a space
for the youngsters to be using the park to some degree that they have a space
to continue to conduct activities. If we address the two things at this time,
I think that we are talking, and saying exactly the same thing. We are
addressing the problem, we are well aware that we want to complete this
project. It has been expressed by this Commission in a very strong way, we
are going to vote in a minute's time that that's our desire, and let's move on
in a positive way, rather than really taking all morning to fight over a
subject that I think we are all in agreement that it has to be done, that we
are concerned for that area, that we all want the same, and the best for the
City of Miami as a whole, and that area in particular. So, I don't see any
reason to get into a big battle, rather than moving in a negative way, let's
move on in a positive way for Miami.
10 December b, 1990
Mr. Santiago: Commissioner.
Commissioner Alonso: And I think this is very much needed in this City,
rather than continue to divide, let's unite in a positive way. We have made
the point that this is needed, that we want a serious commitment, the Mayor
has made a very strong point, it's well understood by the administration,
please let's move on in a positive way. We are all involved in this, and we
_ want to accomplish the best for Wynwood, as well as the entire City of Miami.
Let's do it in that way for change, and I think Miami is in need of this
positive approach.
Mr. Santiago: I agree, and I think your...
Mayor Suarez: Freddy, save your ammo, because there will be other items that
we have yet to find funding for, and those are the ones we are going to have
to be arguing about.
Mr. Santiago: I only want one last statement. I want this resolution
approved without any strings attached, such as the ones that Commissioner De
Yurre is putting on it. Let's talk about the Roberto Clemente Park, and just
leave it as the Roberto Clemente Park.
Mayor Suarez: Wait, wait, wait. The only string there is that it has to be
properly done by the administration so that we don't end up with a park that
falls apart.
Mr. Santiago: I agree.
Vice Mayor Plummer: It's not blackmail.
Mayor Suarez: Please, Mr. Manager. All right, that makes sense. And by the
way, I misstated when I said, highest priority in the sense of excluding any
other. The highest priority category is not meant, and I think in the
resolution, to be exclusive to anything that's going on in Allapattah. We've
got plenty of staff to continue the work on the other ones. We've got...
thank God, and if not, let them turn to the Commission and say, we need
somebody else to help us in something. We'll involve the community. A lot of
times we get volunteer support to get things done. A lot of times we get the
architects coming forth. A lot of times, we get the planners, we get
engineers. Look at the rebuilding of that little shoe store how quickly it
was done. People come forth, and things get done very quickly, so there is no
limited resources in that sense. There is just a limited attention span
sometimes that we have as a City, and we admit it, Freddy, and save the ammo
for the bigger items, please.
Mr. Santiago: Thank you.
Mayor Suarez: The park is about to be approved.
Commissioner Alonso: And Mr. Mayor, sometimes the problem of acquisition of
certain properties...
Mayor Suarez: It's a real...
Commissioner Alonso: ... delay the problem. For example, this morning, we
are purchasing this property. I want you to know that I believe that the City
of Miami is paying a very high price for that piece of land - fifty by a
hundred. Fifty-five thousand dollars ($55,000) to me, it's a lot of money in
that area. We are doing it because we have a serious commitment to that park,
but that's a lot of money. And let's face it, we are doing it because we want
to move ahead. But we are paying a high price for that property.
Mayor Suarez: Yes, one of the problems, yes...
Commissioner Alonso: So we are making really serious commitments to that
area.
Mayor Suarez: Once people know that we are going to acquire in an area, and
here we are bound by the fact that there is a park there already, and that's
what we are expanding. Once they know that, wow...
11 December 6, 1990
Commissioner Alonso: Yes.
Mayor Suarez: ... the prices, all of a sudden, seem to go up.
Commissioner Alonso: Increases, and that's a fact of life.
Mayor Suarez: That's why in the future we hope that we do things on an
alternative basis. We have three or four options to purchase land to do the
same exact project in the general vicinity, because that way, we have at
least, a little bit of competition, it's not nothing more than the old market
principles. All right Commissioner, you want to state your motion so that we
can add that to the particular item before us?
Mr. Fernandez: Mr. Mayor.
Mayor Suarez: Yes.
Mr. Fernandez: A point of order.
Mayor Suarez: Yes, please.
Mr. Fernandez: Let me call to your attention Charter section 29-A, subsection
B which deals precisely with this item and the process that must be followed.
If you intend to...
Mayor Suarez: We intend to follow all legal processes.
Mr. Fernandez: Correct.
Mayor Suarez: We are not saying that we are not, in this matter.
Mr. Fernandez: No, no, no. I haven't said to the contrary, that you don't
intend to follow legal process. I just want to make sure that the legal
process you want to follow, you are aware of all the requirements. If you...
Mayor Suarez: That's for you to be aware of, unless some Commissioner needs
to know now all the requirements that the Charter calls for.
Mr. Fernandez: Mr. Mayor, you cannot pass a resolution that you're intended,
unless I explain to you how it can be passed.
Mayor Suarez: Go ahead, and put it into the record. I doubt that we can't
pass it, but go ahead and put it to the record, whatever you want to tell us
about the future procedures that have to be followed in accordance with the
Charter, Mr. City Attorney.
Mr. Fernandez: Yes, sir. In order to have the expedited process that you are
suggesting, the Charter requires that you have an advertised public hearing,
which this is not an advertised public hearing on that item, and that
two/thirds vote of this City Commission be had in order that the expedited
process waiving all formal competitive bids, be had.
Mayor Suarez: We haven't yet gone to the point of waiving any formal
competitive bids, unless I misheard something.
Mr. Fernandez: OK. So then, your motion is only a motion in principle,
instructing the administration...
Mayor Suarez: We were about to restate the motion so that we can understand
what it contain.
Mr. Fernandez: Correct.
Mayor Suarez: I thought it was to give highest priority to this project, and
to fast track it in every possible legal sense. If any of those legal
requirements involve what you just stated...
Mr. Fernandez: OK.
Mayor Suarez: ... waiver of competitive bids, we will be back to this
Commission to waive - after proper notice, et cetera.
12 December 6, 1990
4 a
Commissioner Alonso: We have done that before.
Mayor Suarez: All right, does that more or less reflect the tenure of the
motion, Commissioner De Yurre?
Commissioner De Yurre: It's reflected in... I'd like to have an idea Cesar,
more or less, what time frame are we looking at.
Mayor Suarez: Thank you. That was important too, that was asked before by
Commissioner Dawkins, and we never got any kind of an answer.
Mr. Odio: I'll tell you what I'd rather do. I am going to meet with the
Parks Department on Monday, and we will work out a time table, and I'll bring
it back to you individually, to tell you what we are...
Mayor Suarez: And give us a rough estimate, today? - the community would like
to know, and I would like to know, and the Commission would like to know.
Mr. Odio: No, no, I don't know. I couldn't tell you right now, except, we do
need one more community meeting, because they have not been able to finally
tell us what they really want in that park, and if they don't tell us in the
next meeting, we will go ahead and do it ourselves. And then after that, I
think we can break ground in the summer, but I'd rather be sure.
Mayor Suarez: In the case of Range Pool for example, we shot for a specific
date. We gave a specific date to people, and we met it. In the case of
Dinner Key Exhibition Center, we not only specified the date, we
chronologically set up the things that had to be done backwards from the date
in question...
Mr. Odio: Right.
Mayor Suarez: ... because we scheduled the A.S.T.A. Convention there. In the
case of Clemente Park, you cannot give us a date by which this will be done?
Mr. Odio: Yes, I will after I meet with them and see what we have to...
Mayor Suarez: I tried, I tried. God, did I try. You've got any other ways
of trying to pin him down, I can't pin him down.
Commissioner De Yurre: Mr. Mayor, but:..
Commissioner Alonso: May I ask a question, Commissioner?
Commissioner Alonso: Yes, Commissioner Alonso.
Commissioner De Yurre: Go ahead.,
Commissioner Alonso: Just one question. When the public hearings were
conducted sometime ago, probably years ago, and we went into the community and
asked, what do you want in the different parks, don't you have records of what
the people of Wynwood said at that time? I am sure we have specific things
that they said along the lines in the different public hearings that were
conducted in Wynwood area, as well, and other areas of the City. So that
might help you expedite the case.
Mr. Odio: The reason I cannot give a timetable is because I don't know what
we are going to build in that park, and when I know what we are going to
build, then I can give you a time table.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: I hope you have a pretty good idea what we are going to build
there Mr. Manager, after four years of planning. Yes, Commissioner Dawkins.
Commissioner Dawkins: I yield to Commissioner De Yurre.
Commissioner De Yurre: Let me ask one concern that I have.
Mayor Suarez: Commissioner De Yurre.
13 December 6, 1990
1 0
Commissioner De Yurre: This motion, is it to accept the fifty-five thousand
purchase price only, and now we start looking in to, or have we already looked
into the legal title issues, and there is no problem, there is no clouds of
title, we are ready to close?
Mr. Fernandez: Consent agenda item number 10, which is not the item that we
are on, we are on a separate item that's the subject matter of discussion
amongst you. But consent agenda item number 10, is your authorization for us
to proceed to a closing. Every work has been done on this.
Commissioner De Yurre: OK.
Mr. Fernandez: There is an agreement, there is title work, everything is
ready to proceed.
Commissioner De Yurre: So, that won't delay this process at all? There are
no surprises as far as legal title is concerned?
Mr. Fernandez: Correct.
Commissioner De Yurre: OK, fine.
Commissioner Alonso: Even the lot is clear now. It was burnt, that house.
Mayor Suarez: OK, Commissioner.
Commissioner De Yurre: OK.
Mayor Suarez: Commissioner Dawkins, you want to add anything? If not
we'll...
Commissioner Dawkins: No. After the vote, I have a statement, Mr. Mayor.
Mayor Suarez: All right. We have a motion, do we not, Commissioner De
Yurre? - does it reflect roughly what I stated to be the tenure of the motion?
Commissioner De Yurre: Yes, it does.
Mayor Suarez: Do we have a second?
Vice Mayor Plummer: Second.
Mayor Suarez: Thank you. Call the roll.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 90-914
A MOTION OF THE CITY COMMISSION EXPRESSING ITS INTENT
TO GIVE HIGHEST PRIORITY TO THE ROBERTO CLEMENTE PARK
PROJECT; FURTHER DIRECTING THE CITY ADMINISTRATION TO
FAST TRACK SAID PROJECT IN EVERY POSSIBLE LEGAL SENSE;
FURTHER STIPULATING THAT IF ANY DIFFICULTIES WERE TO
ARISE, THE ISSUE SHOULD BE IMMEDIATELY BROUGHT BACK
FOR CONSIDERATION OF THE COMMISSION.
Upon being seconded by Vice Mayor Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE AFTER ROLL CALL:
14 December 6, 1990
0
Mayor Suarez: Yes, now as to the entire... OK, Commissioner Dawkins.
Commissioner Dawkins: You know, it's amazing, I've sat here for nine years,
and for nine years as was stated, this area has received less attention than
any of the other areas. And for nine years we have promised this area that it
had a priority, and now we are back to promises, promises, and nobody can give
you a date. Now, I am the individual who demanded that you spend no more
money in Bayfront Park until you spend money in every City park. We didn't
have all of these stop gaps. Right now, you're appropriating ten thousand
dollars ($10,000) to keep the lights on in Bayfront Park, but for some reason
when it gets to these other neighborhoods, you can't find the expertise in all
of the hired hands that we have to get this done. Now the Charter says, we
can't dictate to the Manager what to do, but the Charter also says that the
Manager should come here and tell us what he is going to do, and get it done.
Now, for some reason there is a hang up, I don't know what it is, but just
like you did what you had to do in Bayfront Park, at the meeting in January, I
expect a time table with a completion date of when this will be done.
Mr. Odio: That's fair. I will do it in January.
Commissioner Alonso: Just for the record.
Mayor Suarez: Commission Alonso.
Commissioner Alonso: I don't want a similar type of expert to do the Clemente
Park as the work that was done in the Bayfront Park, because then, the almost
two million that we have available for the park, will not be enough to
complete the work.
Vice Mayor Plummer: God rest your soul.
Commissioner Alonso: So let's do it with a different kind of expertise, and
people who know what they are doing, and do it right first time around.
Mayor Suarez: Yes, we don't want to totally imitate Bayfront Park ever.
Commissioner Alonso: No.
Mayor Suarez: I think Commissioner Dawkins certainly is mindful of that.
Commissioner Alonso: The experts in a different way.
Vice Mayor Plummer: He is not around anymore.
Mayor Suarez: Madam City Clerk, did we call the roll on that item?
Ms. Matty Hirai: Yes sir, we did.
Mayor Suarez: OK, as to the consent agenda then, that item is now back into
the consent agenda, Mr. Santiago, just so that you know it will be voted on
with the rest of them having clarified your concerns, and the only items taken
out were, I think, we resolved as to 3, so we've got the one withdrawn which
was 10.
Mr. Fernandez: Eight.
Mayor Suarez: Eight?
Mr. Fernandez: Eight is the only one that you are voting without, and of
course, 12 has been withdrawn.
Mayor Suarez: OK. As to item CA-1 through 14, with those exceptions, do we a
motion?
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
15 December 6, 1990
ON A MOTION DULY MADE BY VICE MAYOR PLUMMER AND SECONDED BY
COMMISSIONER ALONSO, THE CONSENT AGENDA, WITH THE ABOVE CITED
EXCEPTIONS, WAS PASSED 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.
4.1 ACCEPT CITY CLERK'S CERTIFICATION OF RESULTS OF SPECIAL MUNICIPAL
ELECTION HELD NOVEMBER 6, 1990 - CONCERNING CHARTER AMENDMENT NO. 2
(PROVIDING THAT SALARIES OF THE CITY COMMISSION BE REMOVED FROM THE
CHARTER AND THAT THE CHARTER PROVIDE FOR EMOLUMENTS OF OFFICE FOR THE
MAYOR AND CITY COMMISSIONERS) - AMENDMENT WAS DISAPPROVED.
RESOLUTION NO. 90-915
A RESOLUTION, WITH ATTACHMENT(S), OFFICIALLY
ACCEPTING THE ATTACHED CITY CLERK'S CERTIFICATION
AND DECLARATION OF THE RESULTS OF THE SPECIAL
MUNICIPAL ELECTION HELD ON NOVEMBER 6, 1990, FOR
CHARTER AMENDMENT NO. 2, WHICH PROVIDED THAT
EFFECTIVE OCTOBER 1, 1971, CHARTER PROVISIONS
DEALING WITH SALARIES OF THE CITY COMMISSION BE
REMOVED FROM THE CHARTER AND THAT THE CHARTER
PROVIDE FOR EMOLUMENTS OF OFFICE FOR THE MAYOR AND
CITY COMMISSIONERS, INCLUDING COMPENSATION AND
METHOD OF PAYMENT THEREOF TO BE FIXED BY ORDINANCE,
WAS DISAPPROVED BY THE ELECTORATE.
4.2 AUTHORIZE PURCHASE OF AUTOMOTIVE BATTERIES FROM SOUTHERN BATTERY P/B/A
GNB INC. - FOR DEPARTMENT OF ENVIRONMENTAL SERVICES AND OPERATIONS
MANAGEMENT.
RESOLUTION NO. 90-916
A RESOLUTION AUTHORIZING THE PURCHASE OF AUTOMOTIVE
BATTERIES, UNDER EXISTING DADE COUNTY BID NO. 2582-
7/91, FROM SOUTHERN BATTERY P/B/A GNB INC. FOR THE
DEPARTMENT OF ENVIRONMENTAL SERVICES AND OPERATIONS
MANAGEMENT IN AN ESTIMATED AMOUNT OF $18,000.00;
ALLOCATING FUNDS THEREFOR FROM THE 1990-91 OPERATING
BUDGET, ACCOUNT NO. 420901-702; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE PURCHASE ORDERS FOR THIS EQUIPMENT, SUBJECT TO
THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
16 December 6, 1990
10
4.3 ACCEPT BID: CLOVER COMMUNICATIONS, INC. - FOR FURNISHING SIX PACKET -MODE
NETWORK UNITS TO DEPARTMENT OF ENVIRONMENTAL SERVICES AND OPERATIONS
MANAGEMENT [See label 4(B)].
RESOLUTION NO. 90-917
A RESOLUTION ACCEPTING THE BID OF CLOVER
COMMUNICATIONS, INC. FOR FURNISHING SIX (6) PACKET -
MODE NETWORK UNITS TO THE DEPARTMENT OF
ENVIRONMENTAL SERVICES AND OPERATIONS MANAGEMENT AT
A TOTAL PROPOSED COST NOT TO EXCEED $6,500.46;
ALLOCATING FUNDS THEREFOR FROM THE FIRE RESCUE AND
INSPECTION SERVICES DEPARTMENT, PROJECT NO. 313232,
ACCOUNT CODE NO. 289401-840; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT, SUBJECT
TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4.4. ACCEPT BID: LEADEX CORPORATION - FOR FURNISHING AND INSTALLATION OF
PLAYGROUND EQUIPMENT FOR RAINBOW VILLAGE PARK - FOR DEPARTMENT OF PARKS
AND RECREATION (CIP 331303).
RESOLUTION NO. 90-918
A RESOLUTION ACCEPTING THE BID OF LEADEX CORPORATION
FOR THE FURNISHING AND INSTALLATION OF PLAYGROUND
EQUIPMENT FOR THE RAINBOW VILLAGE PARK FOR THE
DEPARTMENT OF PARKS AND RECREATION AT A TOTAL
PROPOSED COST NOT TO EXCEED $19,590.00; ALLOCATING
FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROJECT
NO. 331303, ACCOUNT CODE NO. 589301; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
EQUIPMENT, SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted . here and
on file in the Office of the City Clerk.)
4.5. ACCEPT BID: SIGMA CONSTRUCTION AND ENGINEERING CORP. (BASE BID) - FOR
OVERTOWN STORM SEWER RETROFITTING - PHASE 1 (CIP 352276).
RESOLUTION NO. 90-919
A RESOLUTION ACCEPTING THE BID OF SIGMA CONSTRUCTION
AND ENGINEERING CORP., IN AN AMOUNT NOT TO EXCEED
$54,594.50, BASE BID OF THE PROPOSAL, FOR OVERTOWN
STORM SEWER RETROFITTING - PHASE I, WITH MONIES
THEREFOR ALLOCATED FROM THE 1991 CAPITAL IMPROVEMENT
ORDINANCE NO. 10782, PROJECT NO. 352276, IN THE
AMOUNT OF $54,594.50 TO COVER THE CONTRACT COST, AND
$11,343.50 TO COVER THE ESTIMATED EXPENSES, FOR A
TOTAL OF $65,938.00; 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.)
17 December 6, 1990
1%
i
4.6. APPROVE AGREEMENTS WITH: (a) MANUEL G. VERA AND ASSOCIATES, INC., (b)
BISCAYNE ENGINEERING COMPANY, (c) FERNANDO Z. GATELL, P.L.S., INC., (d)
WEIDENER SURVEYING AND MAPPING, AND (e) LANNES AND GARCIA, INC. - FOR
PROFESSIONAL SURVEYING SERVICES FOR CALENDAR YEARS 1991-92 [See label
4(A)]
RESOLUTION NO. 90-920
A RESOLUTION APPROVING FIVE AGREEMENTS, IN
SUBSTANTIALLY THE FORM ATTACHED HERETO, BETWEEN THE
CITY OF MIAMI AND MANUEL G. VERA & ASSOCIATES, INC.,
BISCAYNE ENGINEERING COMPANY FERNANDO Z. GATELL,
P.L.S., INC., WEIDENER SURVEYING & MAPPING, AND
- LANNES & GARCIA, INC.; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID FIVE AGREEMENTS TO PROVIDE
PROFESSIONAL SURVEYING SERVICES FOR THE 1991-92
CALENDAR YEARS IN CONJUNCTION WITH CITY OF MIAMI
PROJECTS WITH FUNDS THEREFOR ALLOCATED FROM THE
PROJECT EXPENSE FOR EACH INDIVIDUAL PROJECT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4.7. ACCEPT GRANT FROM ORGANIZATION OF AMERICAN STATES (OAS) GRANTING THE
CITY EXCLUSIVE PERFORMING RIGHTS OF OAS INTERNATIONAL ARTIST SERIES -
ALLOCATE FUNDS ($15,000) AND IN -KIND SERVICES ($10,000) - EXECUTE
AGREEMENTS.
RESOLUTION NO. 90-921
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
A GRANT FROM THE ORGANIZATION OF AMERICAN STATES
(OAS) GRANTING THE CITY EXCLUSIVE PERFORMING RIGHTS
OF THE OAS INTERNATIONAL ARTIST SERIES AND GRANTING
AN AMOUNT NOT TO EXCEED $25,000.00 FOR TRAVEL PER
DIEM COSTS AND PARTIAL FEES OF THE ARTISTS FROM SAID
1990-91 OAS WASHINGTON, D.C., PANAMERICAN HALL
INTERNATIONAL CONCERT SERIES, THAT WILL TRAVEL TO
MIAMI AND PERFORM IN THE CITY OF MIAMI-ORGANIZATION
OF AMERICAN STATES INTERNATIONAL ARTIST SERIES;
FURTHER ALLOCATING AN AMOUNT OF $15,000.00 FROM
BUDGETED FISCAL YEAR 1991, SPECIAL PROGRAMS AND
ACCOUNTS; AUTHORIZING THE EXPENDITURE OF AN AMOUNT
NOT TO EXCEED $10,000.00 IN IN -KIND SERVICES FROM
THE DEPARTMENT OF COMMUNITY DEVELOPMENT BUDGETED
FUNDS AS THE CITY'S MATCH PORTION; AUTHORIZING THE
CITY MANAGER TO ENTER INTO THE NECESSARY AGREEMENTS
TO ACCEPT THE IMPLEMENT SAID GRANT, SUBJECT TO
APPLICABLE CITY CODE PROVISIONS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
18 December 6, 1990
4.8. EXECUTE AGREEMENT WITH JOSE FABREGAS FOR PROFESSIONAL DEVELOPMENT
CONSULTANT AND CONSTRUCTION SUPERVISION SERVICES - CONCERNING CITY
SPONSORED SCATTERED SITE AFFORDABLE HOMEOWNERSHIP PROGRAM AND ST. HUGH
OAKS VILLAGE PROJECT ($20,000 -,CIP 321034).
RESOLUTION NO. 90-922
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH JOSE FABREGAS, AN
INDIVIDUAL, FOR PROFESSIONAL DEVELOPMENT CONSULTANT
AND CONSTRUCTION SUPERVISION SERVICES, IN CONNECTION
WITH THE DEVELOPMENT AND CONSTRUCTION SUPERVISION OF
THE CITY SPONSORED SCATTERED SITE AFFORDABLE
HOMEOWNERSHIP PROGRAM, AND THE ST. HUGH OAKS VILLAGE
PROJECT, FOR A PERIOD OF ONE (1) YEAR FOR A TOTAL
FEE OF $20,000, WITH FUNDS THEREFOR ALLOCATED FROM
CAPITAL IMPROVEMENT PROJECT NO. 321034, "SCATTERED
SITE AFFORDABLE HOUSING DEVELOPMENT PROGRAM."
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4.9. DIRECT CITY MANAGER TO NEGOTIATE AND PURCHASE FEE SIMPLE TITLE TO
PROPERTY AT 129 N.W. 34 TERRACE (BETWEEN N.W. 1 AND 2 AVENUES) -
CONCERNING EXPANSION OF ROBERTO CLEMENTE PARK (CIP 331056) [See label
4(C)1.
RESOLUTION NO. 90-923
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO ACQUIRE BY NEGOTIATED PURCHASE THE FEE
SIMPLE TITLE TO A PARCEL OF REAL PROPERTY LOCATED AT
APPROXIMATELY 129 NORTHWEST 34TH TERRACE (BETWEEN
NORTHWEST FIRST AND SECOND AVENUES), MIAMI, FLORIDA
(MORE PARTICULARLY DESCRIBED HEREIN), FOR THE
PURPOSE OF EXPANDING THE ROBERTO CLEMENTE PARK;
PURSUANT TO AN UPDATED APPRAISAL BY GABRIEL GARCIA-
MENOCAL, MAI, AT THE FAIR MARKET VALUE OF $55,500
WITH FUNDS THEREFOR BEING ALLOCATED FROM THE CAPITAL
IMPROVEMENT PROGRAM, CLEMENTE PARK RENOVATION
PROJECT NO. 331056.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4.10. APPROVE USE OF LOTS 17-20 OF CITY -OWNED CURTIS PARK BY ALLAPATTAH
COMMUNITY ACTION, INC. DAY CARE CENTER - FOR DEVELOPMENT OF A CHILD CARE
FACILITY - EXECUTE REVOCABLE PERMIT - STIPULATE THAT ANY STRUCTURES
AND/OR IMPROVEMENTS ON SITE SHALL BECOME THE PROPERTY OF THE CITY.
RESOLUTION NO. 90-924
A RESOLUTION, WITH ATTACHMENT(S), APPROVING THE USE
OF LOTS 17-20 OF THE CITY -OWNED CURTIS PARK BY THE
ALLAPATTAH COMMUNITY ACTION, INC. DAY CARE CENTER,
FOR THE DEVELOPMENT OF A CHILD CARE FACILITY;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A
REVOCABLE PERMIT, IN SUBSTANTIALLY THE ATTACHED
FORM, FOR THE USE OF LOTS 17-20 IN CURTIS PARK
LOCATED AT 1901 NORTHWEST 24 AVENUE, MIAMI, FLORIDA,
FOR THE AFOREMENTIONED PURPOSE; FURTHER STIPULATING
THAT ANY AND ALL STRUCTURES AND/OR IMPROVEMENTS ON
THE SITE SHALL BECOME THE PROPERTY OF THE CITY
IMMEDIATELY UPON THEIR COMPLETION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
19 December 6, 1990
4.11 GRANT REQUEST BY THREE KINGS PARADE, INC. FOR CLOSURE DESIGNATED STREETS
CONCERNING THE THREE KINGS DAY PARADE - ESTABLISH AREA PROHIBITED TO
NON -FESTIVAL RETAIL PEDDLERS.
RESOLUTION NO. 90-925
A RESOLUTION RELATED TO THE THREE KINGS DAY PARADE
TO BE CONDUCTED BY THREE KINGS PARADE, INC., ON
JANUARY 6, 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; ESTABLISHING AN AREA PROHIBITED
TO NON -FESTIVAL RETAIL PEDDLERS DURING THE PERIOD OF
SAID EVENT; CONDITIONED UPON THE ORGANIZERS PAYING
FOR THE NECESSARY COSTS OF CITY SERVICES ASSOCIATED
WITH SAID EVENT AND SUBJECT TO THE ORGANIZERS
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.)
4.12 GRANT REQUEST BY TASTE OF THE GROVE COMMITTEE FOR CLOSURE OF DESIGNATED
STREETS CONCERNING THE TASTE OF THE GROVE FESTIVAL - AUTHORIZE SALE OF
BEER AND WINE - ESTABLISH AREA PROHIBITED TO NON -FESTIVAL RETAIL
PEDDLERS.
RESOLUTION NO. 90-926
A RESOLUTION RELATED TO THE TASTE OF THE GROVE
FESTIVAL TO BE CONDUCTED BY THE TASTE OF THE GROVE
COMMITTEE, ON JANUARY 19-20, 1991; AUTHORIZING THE
CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR
TRAFFIC SUBJECT TO THE ISSUANCE OF PERMITS BY THE
DEPARTMENTS OF POLICE AND FIRE, RESCUE AND
INSPECTION SERVICES; AUTHORIZING A TWO-DAY PERMIT TO
SELL BEER AND WINE IN CONNECTION WITH SAID REQUIRED
BY LAW; ESTABLISHING AN AREA PROHIBITED TO NON -
FESTIVAL RETAIL PEDDLERS DURING THE PERIOD OF SAID
EVENT; CONDITIONED UPON THE ORGANIZERS PAYING FOR
THE NECESSARY COSTS AND SUBJECT TO THE ORGANIZERS
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.)
20 December 6, 1990
I
-------------------------------------------------------------------------------
5. (A) EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: WYNWOOD
ENTERPRISE ZONE SAFE NEIGHBORHOOD CAPITAL IMPROVEMENT PROJECT
($100,000 IN GRANT MONIES FROM FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS) - EXECUTE CONTRACT WITH STATE OF FLORIDA.
(B) CONDITIONALLY AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH
WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION (WCEDC) - FOR
IMPLEMENTATION OF WYNWOOD SAFE NEIGHBORHOOD IMPROVEMENT PLAN
(SUBJECT TO MODIFICATIONS REQUIRED BY FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS).
------------------------------------------------------------------------------
Mayor Suarez: Item...
Commissioner Alonso: Eight.
Mr. Fernandez: Consent agenda item number 8, Mr. Mayor.
Mayor Suarez: Consent agenda item number 8.
Mr. Fernandez: And before you consider that item, I have an ordinance for
your consideration which must be passed before you consider item number 8, and
it reads like this. It's being passed out to you now...
AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD, BY TITLE ONLY.
Commissioner Dawkins: Point of information, Mr. City Attorney.
Mr. Fernandez: Yes, sir.
Commissioner Dawkins: Do we sit as Commissioners acting on this, or do we sit
as the board of directors for the Wynwood SNID?
Mr. Fernandez: As Commissioners.
Commissioner Dawkins: OK, Thank you.
Vice Mayor Plummer: To accept it. To disperse it we would be the other.
Commissioner Dawkins: I mean, I just need a clarification from him, Mr.
Plummer.
Mayor Suarez: Yes, he is just clarifying.
Mayor Suarez: OK. Do we need a vote on the emergency ordinance then? Do we
have a motion on it?
Commissioner Dawkins: Move it.
Mayor Suarez: Moved.
Vice Mayor Plummer: Second.
Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED: "WYNWOOD ENTERPRISE ZONE SAFE
NEIGHBORHOOD CAPITAL IMPROVEMENT PROJECT";
APPROPRIATING FUNDS THEREFOR IN THE AMOUNT OF $100,000
TO BE RECEIVED AS A GRANT FROM THE FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS; AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONTRACT WITH THE STATE OF FLORIDA, IN
SUBSTANTIALLY THE FORM ATTACHED, TO ACCEPT THE GRANT
TO IMPLEMENT THE PROJECT IN ACCORDANCE WITH APPLICABLE
CITY CODE PROVISIONS; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE.
21 December b, 1990
i
9
Was introduced by Commissioner Dawkins and seconded by Vice Mayor
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 Dawkins and seconded
by Vice Mayor 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. 10815.
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.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: Wait, wait, wait. Hold on, excuse me. Mr. City
Attorney.
Mr. Fernandez: Yes, sir.
Vice Mayor Plummer: ... Miller Dawkins question, the bottom part of this
resolution says, "further authorizing the City Manager to make payment." We
as a City Commission cannot make that authorization. I thought it was as
the... what is it called, the Sidic?
Mr. Fernandez: No, the Wyn... SNID.
Vice Mayor Plummer: SNID.
Mr. Fernandez: Yes. No, this ordinance merely creates a fund - ohl, you are
in the resolution?...
Vice Mayor Plummer: No, sir.
Mr. Fernandez: ... or are you in the ordinance? - where are you?
Vice Mayor Plummer: Sir, I am reading from the agenda. Further authorizing
the City Manager to make payment. We are doing more than accepting a grant.
Mr. Fernandez: Yes. Commissioner Plummer, you are now looking at the
resolution which is consent agenda item number 8.
Vice Mayor Plummer: That's correct, sir.
Mr. Fernandez: But that's... the item that's being voted on is the ordinance
that was read. When we get to the resolution, and I can explain to you right
now, the resolution must also be passed by you as City Commission, because you
are entering then into an agreement with the Wynwood Community Development
Agency, to implement the programs that were to be implemented with these funds
that we are getting from the State of Florida.
22 December 6, 1990
:
Vice Mayor Plummer: All right.
Mr. Fernandez: So on both instances, and the ordinance that is in front of
you right now, and which the vote is being taken as well as on the resolution,
which will come immediately after the ordinance is read, you act as
Commission.
Vice Mayor Plummer: Well this was just handed, and stuck in our hands.
Mr. Fernandez: Correct. Because I announced to you that it's an emergency
measure, because you cannot go ahead and allocate... enter into a contract
without a fund there with monies appropriated for that purpose.
Vice Mayor Plummer: Fine.
Mayor Suarez: OK. Call the roll on the ordinance.
Mr. Fernandez: Now, consent agenda item number 8.
Mayor Suarez: Thank you. I'll entertain a motion on that.
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 90-927
A RESOLUTION, WITH ATTACHMENT, CONDITIONALLY
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, IN AN AMOUNT NOT TO EXCEED $100,000, WITH THE
WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION
("WCEDC"), FOR THE IMPLEMENTATION OF THE WYNWOOD SAFE
NEIGHBORHOOD IMPROVEMENT PLAN, USING FUNDS THEREFOR
FROM THE STATE OF FLORIDA SAFE NEIGHBORHOOD PROGRAM,
WITH THE EXECUTION OF SAID AGREEMENT BEING SUBJECT TO
SUCH MODIFICATIONS AS MAY BE REQUIRED FOR ITS APPROVAL
BY THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS;
FURTHER AUTHORIZING THE CITY MANAGER TO MAKE PAYMENT
TO WCEDC AS SHALL BE APPROVED BY THE STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS AND THE CITY OF MIAMI
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: Yes, Bill before you...
Commissioner Dawkins: Before we go on.
Mayor Suarez: Yes, Commissioner Dawkins.
23 December 6, 1990
Commissioner Dawkins: Are we going to prorate this money by one -fifth, one -
sixth, or one -tenth, or are you going to give the total amount to the Wynwood
Community Development? - I need to know that.
Mr. Herb. Bailey: The agreement in the case, that they are to get one-fourth
on the first draw down.
Commissioner Dawkins: Herb, one-fourth?
Mr. Bailey: One/fourth, yes. That's twenty-five thousand dollars ($25,000).
Mayor Suarez: That's schedule makes sense from our perspective.
Commissioner Dawkins: OK, thank you.
Mayor Suarez: OK, thank you.
Vice Mayor Plummer: Let me, Herb, wait a minute. Let me just make sure of
one thing, because I think its a bottom line. If for whatever reason, this
project, God forbid, doesn't go, all assets and proceeds revert back to the
City of Miami?
Mr. Bailey: In terms of the land, yes.
Vice Mayor Plummer: In terms of everything.
Mr. Bailey: Well, this first one...
Vice Mayor Plummer: I am talking about assets. Whatever they may be, land,
typewriters, photostat machines, any of that, if this project, God forbid,
should fail, all assets come back to the City of Miami?
Mr. Bailey: Yes, Commissioner.
Vice Mayor Plummer: OK. Just want it on the record.
Mayor Suarez: There is a... before you leave the Chambers or the City Hall,
there is another of the never ending stream of letters from the Department of
Community Affairs, Herb probably has looked at it already, and I have a copy
of it, and maybe the City Manager has, but take a look at it, because as
j always, they're claiming something further that needs to be done. I mean,
1_ this is the biggest bureaucratic mess that I have seen in my entire life.
t
Anyhow.
t
Unidentified Speaker: It'll get better.
------------------------------------------------------------------------------
6. ACCEPT PLAT: KAMPONG PLAT - ACCEPT DESIGNATED COVENANTS.
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: I have an urgent matter that I sent out a memo to my
fellow Commissioners, dealing with the replatting of Kampong, and I have here
Mr. Sam Poole who is going to address the issue.
Mayor Suarez: Sam.
Mr. Samuel E. Poole: Mr. Mayor, and Commissioners, we are here with a pocket
item because it was not prepared in time for your agenda package last
Wednesday. It was originally on the agenda, but because of some requirements
from the Public Works Department, that we were not able to fulfill until
Friday, that it was just distributed to you on Tuesday morning for your
review. It simply creates a small parcel within the Kampong where Miss
Sweaney who has dedicated the Kampong to public use, will be able to have a
life estate for the rest of her life. The rest of the property will be in
public use. It is managed by the National Tropical Botanical Garden which is
24 December 6, 1990
lip
created by an act of Congress as a charity to manage the garden, and this is
all being done in order to accommodate the Dade County property appraiser who
insist that her life estate and the rest of the property be terminated.
Mayor Suarez: And the reason for the emergency is tax?...
Mr. Poole: It has to be done by January 1st. It has to be recorded by
January 1st.
Mayor Suarez: All right. Does anybody have any problems with this item? If
not, I'll entertain a motion on it. Moved by Commissioner De Yurre.
Vice Mayor Plummer: Second.
Mayor Suarez: Seconded. Call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 90-928
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED "KAMPONG PLAT", 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; ACCEPTING THE COVENANT TO RUN WITH
THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF
CERTAIN IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT
OF PUBLIC WORKS; ACCEPTING THE COVENANT TO RUN WITH
THE LAND ALLOWING AN EXISTING STONE WALL OF HISTORIC
VALUE AND CHAIN LINK FENCE TO REMAIN IN THE
UNDEDICATED RIGHT OF WAY OF S.W. 37 AVENUE (DOUGLAS
ROAD) UNTIL SUCH TIME AS SAID WALL AND FENCE ARE
DEMOLISHED OR DAMAGED BEYOND REPAIR AT WHICH TIME THE
SUBJECT RIGHT OF WAY SHALL BE DEDICATED TO THE CITY AS
SET FORTH THEREIN, AND REQUIRING THE CONVEYANCE OF
EASEMENTS AT THE APPROPRIATE TIME FOR THE CONSTRUCTION
OF SANITARY SEWERS; ACCEPTING A UNITY OF TITLE WHICH
CONSIDERS TRACTS "C" AND "D" OF SAID PLAT AS ONE PLOT
AND PARCEL OF LAND IN ORDER TO PRESERVE CERTAIN
ACCESSORY STRUCTURES UNTIL RELEASED BY THE DEPARTMENT
OF PLANNING, BUILDING AND ZONING; 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.)
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 AFTER ROLL CALL:
Mayor Suarez: Congratulations to you and the rest of the "Citizens for a
Better South Florida." Did I state the title correctly? -on the
Environmental... "World Environmental Summit," Miami, March 1, 1991? -
hopefully, the media will cover it a little bit more than they have been doing
so far.
Mr. Poole: Thank you, Mr. Mayor.
25 December 6, 1990
Mayor Suarez: That's wishful thinking.
7. APPROVE DONATION OF BICYCLES CONFISCATED BY THE POLICE TO: "DO THE RIGHT
THING" PROGRAM.
Vice Mayor Plummer: Mr. Mayor, I have...
Mayor Suarez: Commissioner Plummer.
Vice Mayor Plummer: I have some Commission Awareness things that I need to
bring up. If this is the time, I'll do them now, and try to make them as
quick as possible. The first one Mr. Mayor is, you know we have a program
called "Do the Right Thing" which is really under the LEAA funds, and what
they are asking for now, there is a number of policemen who have gone out and
solicited parts for bicycles to be given away at Christmas, and they will own
in-house repairs. What they need is, approval of this Commission that
confiscated bicycles that are available for that program, be made available to
the "Do the Right Thing" program, and 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. 90-929
A RESOLUTION CLASSIFYING PRESENT AND FUTURE SURPLUS
BICYCLES AS CATEGORY "A" STOCK; FURTHER DONATING THE
SAME FOR USE BY THE MIAMI POLICE DEPARTMENT IN SUPPORT
OF ITS "DO THE RIGHT THING" PROGRAM.
i
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: Does this have an ending period where?...
Vice Mayor Plummer: No sir, it doesn't. It's a matter of, as many parts as
they can accumulate to fix these bicycles, they would be done. The "do the
right thing" group is having an activity every month.
Mayor Suarez: OK, so it's sort of an open ended allocation of those parts?
Vice Mayor Plummer: Basically, yes, sir.
Mayor Suarez: All right. Shoot.
26 December 6, 1990
"t
8. ALLOCATE $20,000 TO CITIZENS' CRIME WATCH OF DADE COUNTY PROGRAM (Law
Enforcement Trust Fund).
Vice Mayor Plummer: The next one comes with the approval of the City Manager,
and the Police Chief. A resolution authorizing a contribution of twenty
thousand dollars ($20,000) to the Citizens Crime Watch of Dade County, funding
to be provided form the Law Enforcement Trust fund upon such cost having been
approved by the Chief, which he has done, and I so move.
Mayor Suarez: So moved.
Commissioner De Yurre: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 90-930
A RESOLUTION AUTHORIZING A CONTRIBUTION OF $20,000 TO
CITIZENS' CRIME WATCH OF DADE COUNTY' ALLOCATING FUNDS
THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, SUCH
EXPENDITURE HAVING BEEN APPROVED BY THE CHIEF OF
POLICE.
(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.
------------------------------------------------------------------------------
9. ALLOCATE ADDITIONAL $50,000 TO FLIGHT EQUIPMENT TRAINING FOR CONTINUED
OPERATION OF TWO METRO-DADE AIR RESCUE HELICOPTERS.
Vice Mayor Plummer: Mr. Mayor, the final one that I have under police
matters, is the one relating to the helicopters. I don't think any of us have
had as much exposure as we should have. I sent to all of you a diagnostic I
guess, kind of a paper, showing you what the helicopters have done since they
have been in service. I will bring to your attention that last evening one
lady was saved off of Key Biscayne, because of the helicopters. She had
drifted out to the deep water on a surf board, and it was through the
helicopter service... the problem is, is they are expensive, and there is a
need for an additional amount of monies to carry them through for the next
three hundred and twenty hours. This item comes with the approval of the
Manager, and the Chief, and it reads: A resolution amending resolution number
90-522, and allocate an additional amount of one hundred and forty dollars
($140.00) an hour, not to exceed three hundred and twenty hours and fifty-two
hundred for flight equipment training, for a total amount not to exceed fifty
thousand for the continued operation of two Metro -Dade air rescue helicopters
from the Law Enforcement Trust Fund, upon such cost having been approved by
the Chief of Police, which he has done, I so move.
Mayor Suarez: So moved.
27 December 6, 1990
10 0
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 90-931
A RESOLUTION AMENDING RESOLUTION NO. 90-522, ADOPTED
JULY 12, 1990, WHICH FUNDED OPERATING EXPENSES FOR TWO
METRO DADE COUNTY AIR RESCUE HELICOPTERS, BY
INCREASING THE APPROVED NUMBER OF FUTURE OPERATING
HOURS FROM 284 TO 604 AND THE APPROVED FUNDING AMOUNT
FOR FLIGHT EQUIPMENT TRAINING FROM $5,000 TO $10,200
• WITH AN INCREASE IN MAXIMUM ALLOCATED FUNDS OVERALL
FOR SUCH OPERATING EXPENSES FROM $44,075 TO $94,075.
(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.
10. BRIEF COMMENTS BY COMMISSIONER DAWKINS EXPRESSING CONCERN IN CONNECTION
WITH SISTER CITY OF BUENOS AIRES BECOMING A SISTER CITY OF HAVANA, CUBA.
Commissioner Dawkins: I have two.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: As you know, I sent each of you a memo stating that
when I went to Buenos Aires for the Sister City appointment, then I found out
that Sister City, is planning a Sister City's program with Havana, Cuba. I
need to know from this Commission, what should I do. Should I proceed, or
should I wait to see what Buenos Aires does?
Vice Mayor Plummer: I'm sorry, I didn't hear what you had said.
Commissioner Dawkins: OK. As you know, I was designated as the person to
establish the Sister City program with Buenos Aires.
Vice Mayor Plummer: Yes, sir.
Commissioner Dawkins: I went down, we established that.
Vice Mayor Plummer: Yes, sir.
Commissioner Dawkins: I sent all of you a memo with all the information
stating that since that time, the country, City of Buenos Aires, and
Argentina, has decided to become a Sister City of Havana, Cuba. We all are
aware of the Federal guidelines of dealing with Cuba, we all are aware of the
State Department's regulations regarding Cuba. Now, do I go ahead with
establishing a Sister City program, or do we wait to see if Buenos Aires
establishes a Sister City with Havana, Cuba, and then we find out from the
State department what we should do? I just need some guidance from the
Commission.
28 December 6, 1990
1 0
Vice Mayor Plummer: Well, my opinion, I'll give you mine.
Commissioner Dawkins: That's what I asked you for, I don't want you to give
me mine.
Vice Mayor Plummer: You damn well, wait.
Commissioner Dawkins: All right then.
Vice Mayor Plummer: That's my opinion.
Commissioner Dawkins: Wait? OK, so be it. No I don't need no action, I just
need the permission.
Mayor Suarez: And either the Sister City's Commissioner, or the Manager,
provide us at some point with the guidelines of the association.
Commissioner Dawkins: I'll do that, I'll get you one.
Mayor Suarez: Could you? - vis a vis, participating cities. I couldn't
imagine that Havana, Cuba fulfills the guidelines of the Association of Sister
Cities at this point.
Vice Mayor Plummer: Well, excuse me...
Commissioner Alonso: Well, but I think we should wait.
Vice Mayor Plummer: First and foremost, let me explain to you that Buenos
Aires trying to attach with any other city has nothing to do with FCI, which
is the federal program of the United States. What they might do on their own
is something completely and totally aside from the FCI program.
Mayor Suarez: OK, that might clarify it. All right, thank you. Any thing
else Commissioner?
Commissioner Dawkins: Yes.
Vice Mayor P1ummct-: Where are we at?
! Commissioner Dawkins: I'll wait... we've got to wait to see what they will
do.
j Commissioner De Yurre: Ninety-one?
Commissioner Dawkins: Ninety-one ninety-two, ninety-three ninety-
four.
Mayor Suarez: He is going to wait until Havana, Cuba is free.
Commissioner De Yurre: OK.
Commissioner Dawkins: I'll wait, hold it.
Vice Mayor Plummer: Merry Christmas.
Commissioner Dawkins: I won't be here then, but OK, fine.
Mayor Suarez: Well, hopefully, that won't be the case.
Commissioner Alonso: Are you saying that it's going to be over in Christmas?
Mayor Suarez: Well, it depends on how you look at this
Commissioner Dawkins: That's a low blow.
Mayor Suarez: Sorry about that.
29 December 6, 1990
0
----------------------------------------------- --------- ---------------------
11. (A) APPROVE, IN PRINCIPLE, TWO ALLOCATIONS OF $50,000 EACH TO: (a)
ASPIRA, AND (b) PROJECT PRIDE (GEORGIA AYERS) - FOR PURPOSES OF
WORKING WITH YOUTHS IN WYNWOOD AREA (subject to provisos).
(B) BRIEF COMMENTS BY VICE MAYOR PLUMMER REGARDING THE RAPID EROSION
OF CONFISCATED MONIES IN THE LAW ENFORCEMENT TRUST FUND.
(C) BRIEF COMMENTS BY RAUL MARTINEZ, EXECUTIVE DIRECTOR OF ASPIRA
REQUESTING TO MEET WITH CITY STAFF - DIRECT MR. MARTINEZ TO MEET
WITH LT. LONGUEIRA.
Commissioner Dawkins: One of the others I have is that as Commissioner
Plummer stated, there are two other programs in the City that are working with
youth, and I would like for the Commission, I mean, for the Manager, to get to
the Chief of Police, so that it could come back to pass this afternoon, sixty-
five thousand dollars ($65,000) for ASPIRA to work with the youth, and the
group where we just had the problem, and sixty-five thousand dollars ($65,000)
for Project Pride who also works with the problem. OK? Now we have Mrs.
Ayers who is sitting in the audience, there are individuals that she can't
reach, and we can't expect her to service the total community. So I'd like
to see these other two groups who worked too, along with, even if they have to
coordinate their efforts with each other, I don't care, but I would like for
the Manager to contact the Chief to see if the Chief will OK these funds for
these two groups, and bring it back this afternoon. That's number one.
Vice Mayor Plummer: All right, let me just make everybody aware here. The
funds of that confiscated monies have been deemed spent at a very rapid rate.
I think that what this Commission has got to do is to make it extremely clear,
to any recipient of a grant from that fund that it is a one time shot, that it
cannot be considered or understood that this will be an ongoing annual
funding. And I think that if we don't do that at the present rate, that fund
is going to be running out of money somewhere in early summer. So I am merely
stating to this Commission, and putting you on notice, that that fund is
rapidly depleting, and unless we get some other sources, which we are looking
at right now by the way, there are some other potential confiscations that
will be finalized, and we will hopefully be replenishing that fund. But I
want to warn you, if you think bureaucracy is bad in government, start dealing
with this fund on confiscated matters. It is without a doubt, the longest
thing that you have ever seen, because it stretches of approvals from
Washington, back down to Flagler Street. So I am merely giving a word of
caution that that fund is starting to run dangerously low.
Commissioner Dawkins: Mr. Manager, include in the resolution that you bring
back for me this afternoon, if the Chief approves it, that stipulation made by
Commissioner Plummer, that this will be a onetime shot only. Now, we have no
way of knowing that the Chief is going to... it may not even be approved, but
in the event that it is...
Mr. Odio: Well, he would require... we do require a budget from each of those
organizations before it can be approved, and it has to be reviewed by the Law
Department.
Commissioner Dawkins: OK. Somebody call Project Pride, and have them...
Vice Mayor Plummer: Well, wait, wait. Let me make it easy for you, OK?
Commissioner Dawkins: ... wait a minute, wait a minute. Go ahead, J.L.
Vice Mayor Plummer: We can approve subject it to, so that it's a known fact.
Mr. Odio: For the records... you cannot approve...
Commissioner Dawkins: Sir, if they don't comply with the necessary
requirements, then it's subject, out. But we can approve it subject to those
approvals.
Mr. Fernandez: According to the statute, the item does not even get to you
unless it comes with a recommendation of the Chief of Police. So...
30 December 6, 1990
Vice Mayor Plummer: Sir, I am going to ask you, because I now finally have a
copy of the State statute relating to confiscated funds. Do you have a copy
of that?
Mr. Fernandez: Right in front of me.
Vice Mayor Plummer: Fine, sir. Read to me, on the third page, the fourth
column down on the right, after the approval of the City Police Chief, if the
municipality does not also have the same right.
Mr. Fernandez: The municipality...
Vice Mayor Plummer: I don't want to get into a fighting match with you, OK?
Mr. Fernandez: No, I understand. You're correct.
Vice Mayor Plummer: But don't tell me that we don't have the right, because
I've been told that now for two years.
Mr. Fernandez: Not by me, you have not.
Vice Mayor Plummer: OK?
Mr. Fernandez: I've always stated to the contrary, that you always have the
right.
Vice Mayor Plummer: Sir, I didn't say, you told me. I said, I have been
told.
Mr. Fernandez: OK.
Vice Mayor Plummer: Fullinito. It's fine. OK? Now, I'm telling you that
that state statute says, yes, first and foremost the Chief has the right of
approval.
Mr. Fernandez: Correct.
Vice Mayor Plummer: But it does not preclude this Commission as a
municipality from having like approval.
Mr. Fernandez: You do.
Vice Mayor Plummer: OK? So let's just get the record clear.
Mr. Fernandez: But the truth of it is that, one approval without the other,
nothing accomplishes. Both of you must approve concurrently, and if not, then
the funds go unspent.
Vice Mayor Plummer: We'll argue about that later.
Mr. Fernandez: All right.
Vice Mayor Plummer: Because I don't read it that way.
Mr. Fernandez: OK.
Vice Mayor Plummer: OK? Mr. Mayor, I would beg of my colleague to make his
resolution in request for this afternoon, that we approve in principle,
subject to them meeting the necessary requirements of budget, and anything
else that is required, that we approve it in principle.
Commissioner Dawkins: I accept that amendment.
Mayor Suarez: So moved, and accepted...
Vice Mayor Plummer: And I second.
Mayor Suarez: ... in the motion... and seconded. What programs specifically,
are they? -and what amounts are we talking about?
Commissioner Dawkins: Project Pride, which is Mrs. Ayers... over, and ASPIRA
which works with the youth in the Wynwood area.
31 December 6, 1990
I
Mayor Suarez: OK. There is no specific money amount at this point?
Commissioner Dawkins: We've got fifty thousand for each one. I did say
sixty-five...
Mayor Suarez: And are we going to...
Commissioner Dawkins: ... but J.L. said it's solely dwelling, so I'll say
fifty for each one.
Mayor Suarez: OK. With all those understandings, and I guess we're going to
hear from Georgia Ayers, at some point. Call the roll on the motion.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 90-932
A MOTION APPROVING, IN PRINCIPLE, AN ALLOCATION OF
$50,000 TO: (a) ASPIRA OF FLORIDA, INC., FOR THE
PURPOSE OF WORKING WITH YOUTH IN THE WYNWOOD AREA, AND
(b) PROJECT PRIDE (GEORGIA AYERS); SUBJECT TO BOTH
GROUPS MEETING ALL NECESSARY REQUIREMENTS AND SUBJECT
TO A FAVORABLE RECOMMENDATION BY THE CHIEF OF POLICE.
Upon being seconded by Vice Mayor Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Georgia.
Vice Mayor Plummer: At the peril of losing everything.
Ms. Georgia Ayers: I would like to give you a copy of my report from the Law
Enforcement Trust money that has been spent on the program that I have
founded...
Mayor Suarez: For the record so that the record picks up your comments, she
is distributing the documentation, and telling us that this is in relation to
alternative programs.
Commissioner Dawkins: Is there any question by anybody up here as to the
passing of the ordinance for this money? - for Mrs. Ayers. Is there any
question?
Mayor Suarez: No, not from me.
Commissioner Dawkins: So, what's the discussion?
Ms. Ayers: OK. I just want you to know that I...
Commissioner Dawkins: We already know that.
Ms. Ayers: OK. You know what I am doing out there?
Commissioner Dawkins: Yes, we know.
Ms. Ayers: You know I am working with children across the whole City of
Miami, and not with just Latins.
Commissioner Dawkins:
Georgia.
We know that, but you can't service all of them,
32 December 6, 1990
Ms. Ayers: No, I can't service all of them...
Commissioner Dawkins: OK, that's all, that's all we are saying.
Ms. Ayers: ... but what I am simply saying, I want to address the fact
that...
Vice Mayor Plummer: Georgia
Ms. Ayers: Yes.
Vice Mayor Plummer: Your piece on... was it NBC?
Ms. Ayers: Yes.
Vice Mayor Plummer: It's about the only positive thing I have seen out of
this community in the last thirty days. I wish there were more like you.
Ms. Ayers: OK, well I'll go home then. Thank you.
Vice Mayor Plummer: Go away and sin no more.
Commissioner Dawkins: Yes. Buy me dinner, but after a while, that's all.
Mayor Suarez: OK, as to this item, is it on the agenda as a specific?...
Commissioner Dawkins: No.
Mayor Suarez: No? You have a motion to make on it?
Vice Mayor Plummer: On what?
Mayor Suarez: On the alternative programs.
Commissioner Dawkins: Well, it's coming up.
Mayor Suarez: All right, so it is on the agenda.
Commissioner Dawkins: Yes, sir, Mr. Mayor.
Mr. Raul Martinez: Mr. Mayor, if I can be recognized.
Mayor Suarez: Please.
Mr. Martinez: My name is Raul Martinez, I am the executive director of
ASPIRA, Florida, and I would like to meet as soon as possible with the City
Manager's office as far as to gather what are the requirements, and if
possible, to meet with the Chief of Police, so that there can be an
understanding of the services that we can provide, and that are providing.
Mayor Suarez: OK, we are going to do better than that, we are going to put
you directly into the loop with Lieutenant Longueira, who is raising his hand,
he can probably meet as early as the'next two minutes.
Mr. Martinez: Thank you, very much.
Mayor Suarez: Thank you, Raul, and congratulations on a very successful
program.
33 December 6, 1990
11
ii
i
12. (A) DISCUSSION CONCERNING REQUESTED LOANS IN CONNECTION WITH RECENT
WYNWOOD DISTURBANCE - APPROVE, IN CONCEPT, LOANS TO (a) LA REINA
SHOES AND (b) DRAPERY, INC. (See labels 17, 21 & 42).
(B) URGE ADMINISTRATION TO TRY TO ASSIST THE GARRETTS FIRM TO
REESTABLISH BUSINESS IN WYNWOOD COMMUNITY - STIPULATE SPECIAL
SESSION WILL BE CALLED, IF NECESSARY, IF FUNDING DIFFICULTIES
ARISE - AUTHORIZE CITY MANAGER TO IDENTIFY CITY -OWNED FACILITIES
FOR INTERIM USE BY GARRETTS.
[NOTE: FOLLOWING EACH AND EVERY STATEMENT, PLEASE FIND THE
CORRESPONDING TRANSLATION INTO ENGLISH OR SPANISH,
AS THE CASE MAY BE. SPANISH STATEMENTS WILL BE
DENOTED BY CAPITAL LETTERS. TRANSLATIONS WERE MADE
BY MR. ODIO-)
Commissioner Dawkins: Now comes the hard one.
Vice Mayor Plummer: Oh, oh.
Mayor Suarez: Emergency ordinance item...
Commissioner Dawkins: Wait... I just... here comes the hard one.
Mayor Suarez: Yes, Commissioner Dawkins.
Commissioner Dawkins: You know, we know that in order to preserve a
community, sometimes you have to reach out and go over backwards for that
community. Now we have had two businesses burnt out, I mean three, in
Wynwood. I am a first hand witness that if you don't strive to keep
businesses in an area, it will deteriorate. After the riots, we did nothing
to encourage businesses to stay on 62nd Street, down it went. We did nothing
to encourage businesses to stay on 36th Street, down it went. Now you have
two businesses burnt out in Wynwood. If those two businesses leave that area,
others will leave. I would like to make a motion that the Community
Development come back this afternoon, and tell me how they can make twenty
thousand dollars ($20,000) available to La Reina University Shoe Store - it
was totally looted, to restock its place. There is no way they can stay in
business without stock. And that fifty thousand dollars ($50,000) if they
desire it, that fifty thousand dollars ($50,000) be made available, at the low
of six percent, whatever you want to let them have it at, to Drapery Inc., to
see if they can reestablish their business. Now, I do not want this money
hinging on the fact that these individuals must remain in the area, I will not
force that on them. But if these individuals...
Vice Mayor Plummer:
Well, excuse me.
Commissioner Dawkins:
Yes, J.L.?
Vice Mayor Plummer:
What about if they move into Dade County?
Commissioner Dawkins:
No, then they don't get
no money.
Vice Mayor Plummer:
Well, I think, I mean,
you've got to put a proviso
there...
Commissioner Dawkins:
OK, hey, that's why I've
got you over there with my
side, OK?
Vice Mayor Plummer:
Thank you.
Commissioner Dawkins:
See, but, really, and I
don't think that even though we
are short of money,
that seventy-five thousand
dollars ($75,000) is too much
to invest in that area, and that's my...
Vice Mayor Plummer:
Second the motion.
Mayor Suarez: So moved and seconded.
34
December 6, 1990
I
Vice Mayor Plummer: Now, but Mr. Mayor, I reserve the right please to make a
{
motion after that.
Mayor Suarez: Surely. How would the program be implemented? Are we talking
about loans through Miami Capital Development?
Commissioner Dawkins: No, no, through... not, no.
Commissioner Alonso: Community Development.
Commissioner Dawkins: Through Community Development. When we get into...
Mayor Suarez: Direct city?...
Commissioner Dawkins: Yes, sir.
Commissioner Dawkins: When we get into that, we get into all the other...
like you said, the bureaucracy that we don't... and then it will be next
Christmas Mr. Mayor, before they get through the bureaucracy.
Mayor Suarez: And he will be wearing a different hat like that.
Commissioner Dawkins: Yes.
Vice Mayor Plummer: Can I help my "Blues Brother?"
Commissioner Dawkins: Yes, please do.
Vice Mayor Plummer: I think you would be better off to state to the
administration, from wherever sources are available, rather than limiting it
just to one.
Commissioner Dawkins: OK. I'll accept that amendment.
Mr. Fernandez: Point of order, Mr. Mayor. This is to be considered a grant,
or a loan? - and I need the names of the two establishments.
Commissioner Dawkins: A loan at three percent, four percent, whatever.
Mayor Suarez: There is a great deal of administrative discretion given, I get
the feeling that the Commission does not intend for this to be final action.
It would have to brought back.
Mr. Fernandez: OK.
Mayor Suarez: Is that?... Because I have a feeling they have to cross all the
T's, and dot all the I's...
Commissioner Dawkins: Yes.
Mayor Suarez: ... make sure it fulfills Community Development. If it's
Community Development funds, if it fills their regulations, and if it's other
kinds of money.
Vice Mayor Plummer: Well, that's why I said, from any source.
Mayor Suarez: Yes. Are you going to speak just basically in support of that?
Mr. Bill Rios: Yes, I am going to speak in support of that, but I would like
to make mention of Pat Garrett, and the...
Vice Mayor Plummer: Would you not take what I ask for the next motion?
Mr. Rios: I'm sorry, sir?
Vice Mayor Plummer: Sit down.
Commissioner Dawkins: Wait until we finish. Sit down.
Mr. Rios: Oh.
Commissioner Alonso: Wait until the next...
35 December b, 1990
1 0
Commissioner Dawkins: Wait, sit down and wait.
Mayor Suarez: What is that famous saying? - "those who wait also succeed" or
something.
Vice Mayor Plummer: Quit while you're ahead.
Mayor Suarez: Mrs. Perez.
Commissioner Dawkins: Call the roll, please.
Mayor Suarez: Did you want to say anything? I mean, I presume that you
support this concept as the co-owner of one of the stores in question. I saw
you approaching the mike, are you OK with this?
Ms. Daisy Perez: No.
Mayor Suarez: Don't want the money?
Ms. Perez: NO, NO ESTOY DE ACUERDO. YO NO ESTOY PIDIENDO LIMOSNA.
Mayor Suarez: OK. I had a feeling you might be coming in that direction.
Congratulation for what you...
Mr. Fernandez: For the record, Mr. Mayor.
Mayor Suarez: Yes.
Mr. Fernandez: Translation, she is not coming here begging, she is not...
Mayor Suarez: Right. But congratulations on reopening your store last night.
If Bill, and Freddy, Nedia, and the rest of you want to meet with her, and
advise her that this is a loan...
Commissioner Dawkins: And not a grant.
Mayor Suarez: ... proposal, and not a grant, and we table it as to her, or we
pass it contingent on... obviously we are not going to force anybody to take
any loans that they don't want.
Ms. Perez: PUEDO HABLAR?
Mayor Suarez: SI. Mr. Manager, could you translate?
Ms. Perez: PUEDO HABLAR?
Mr. Odio: SI, DESPACIO.
Ms. Perez: MI NOMBRE ES DAISY PEREZ. MI ESTABLECIMIENTO SE LLAMA "LA REINA
UNIVERSAL SHOE." NOSOTROS HEMOS OPERADO POR 23 ANOS EN LA MISMA AREA. HEMOS
TRABAJADO HONRADAMENTE. TODA LA COMUNIDAD NOS CONOCE, INCLUSIVE DESDE HACE UN
ANO, EN MI ESTABLECIMIENTO SE RETIRAN TODOS LOS ZAPATOS LOS MIERCOLES EN LA
NOCHE Y VIENE TODA LA COMUNIDAD DECENTE DE WYNWOOD A REUNIRNOS EN GRUPO DE
ORACION, EL CUAL NOS APOYA... 0 SOMOS UNA RAMA DE LA IGLESIA DE CORPUS
CHRISTI. SE LLAMA SAN JUAN EL BAUTISTA, EN HONOR DE LOS PORTORIQUENOS. Y ME
HE SENTIDO HERIDA MAS EMOCIONALMENTE QUE MATERIALMENTE, AUNQUE LO HE PERDIDO
TODO. JAMAS PENSE QUE POR UNA INJUSTICIA SE COMETIERA UNA INJUSTICIA MAYOR,
PORQUE YO NO ESTOY DE PARTE DE LAS INJUSTICIAS Y SE HAN CONFUNDIDO. AL UNO
QUERER HABLAR DE LO BUENO Y DE LA LUZ, CONFUNDEN QUE LO QUE UNO ESTA CONTRA
OTRAS COSAS, Y YO ESTOY CONTRA TODA INJUSTICIA EN EL MUNDO, Y LO ESTAMOS
DEMOSTRANDO. MI FAMILIA DICE, Y LOS AMIGOS, QUE SI ESTAMOS LOCOS YENDO ALLI,
NO EN ESTE MOMENTO, DESDE RACE TIEMPO. AUNQUE ESTO QUIZAS A USTEDES NO LES
INTERESE, YO SOY UNA PERSONA OPERADA DE CORAZON ABIERTO Y MUY AFECTADA DEL
CORAZON, Y HE DEJADO EN ESE BARRIO Y EN ESA ESQUINA LO MEJOR DE MI VIDA. 0
SEA QUE YO NO CREO QUE YO DEBO PEDIR LIMOSNA NI ME DEBEN OFRECER... YO CONOCI
A FREDDY SANTIAGO UN NINO, A TODOS LOS JOVENES DE LA COMUNIDAD, A TODOS. A MI
NADIE ME DICE MI NOMBRE, MAMA 0 LA VIEJA, Y ME SIENTO CONTENTA, FELIZ. HE
PENSADO QUE ESA ERA MI GENTE, PERO POSIBLEMENTE ME EQUIVOQUE. AHORA, CREEN
QUE CON $20,000 ME VAN A REPONER EL TRABAJO DE TODA MI VIDA? YO TENGO 55
ANDS, MI ESPOSO 61. LLEVAMOS 25 ANOS EN ESTE PAIS. CREEN ES JUSTO QUE EN
FRENTE ESTABAN LAS AUTORIDADES MIRANDO LO QUE ME HACIAN Y NO MOVIERON UN DEDO
36 December 6, 1990
PARA DEFENDERNOS? ESTELA RUIZ, UNA COMPANERA DE LA COMUNIDAD ME LLAMO A MI
CASA Y MI ESPOSO Y YO NO LO PODIAMOS CREEK, QUE A NOSOTROS NOS HICIERAN ESO.
AHORA, SE PIDE MUCHO, PERO DE QUE MANERA VAN A REPARARNOS? LA UNICA AYUDA QUE
HE RECIBIDO HASTA EL MOMENTO HA SIDO DE COMUNIDAD CATOLICA, QUE HAN IDO
PRIMERO A RECOJER LA BASURA, EL PADRE JOSE LUIS Y TODOS LOS DEL GRUPO, A
RECOJER LA BASURA, PINTAR, REPARAR LA ALFOMBRA, PORQUE AYER LO COMENTABA CON
MI ESPOSO RICARDO, QUE SI HUBIESEMOS ESTADO SOLOS, TODAVIA ESTUVIESEMOS
LLORANDO SOBRE LA BASURA QUE NOS DEJARON, PERO GRACIAS AL SENOR ANOCHE FUE UNA
NOCHE GLORIOSA EN ESA ESQUINA. AHORA BIEN, LO DEJO A JUICIO DE USTEDES, SI
CREEN QUE CON $20,000 YO PUEDO REPARAR LA ECONOMIA DE CUANTO TENIA EN
INVENTARIO PARA VENDER EN NAVIDADES, QUE ES LA EPOCA DE LOS COMERCIANTES,
TENIA MAS DE $35,000 EN CALZADOS DE HOMBRE DE CUERO, PORQUE NOSOTROS NO SOLO
VENDIAMOS RETAIL, SINO WHOLESALE TAMBIEN. Y QUE UTILIDAD YO IBA A TENER EN
NAVIDADES? DE QUE VAMOS A VIVIR AHORA? NOS VAN A OBLIGAR A ROBAR? DECIDAN
USTEDES.
TRANSLATION: My name is Daisy Perez. My establishment is called La Reina
Universal Shoe Company. They have operated over twenty-three years in that
community. They have worked honestly, the whole community knows them.
Inclusively, a year ago in her establishment, the shoes are put aside
Wednesday night, and the decent community of Wynwood will meet there in a
group to pray, which is... they have now become like a branch of Corpus
Christi's Church. It's called the St. Juan... it's John the Baptist. It's a
friend of the Puerto Rican. And she has felt wounded, more emotionally than
materially, even though she has lost everything. She would never have thought
that because of an injustice, they could commit another injustice which is
even greater. Because she is not in favor of injustice, and they are
confused. When you want to talk about the good, and the light, they confuse
is that they are really against some other things, and she is against all of
injustices. And we are showing that, her family says, and her friends - they
are saying that she must be crazy not at this moment, but before, and even
though you might not be interested in this, she had been operated - she had,
had an open heart surgery, and she had left in that corner, in that
neighborhood the best of her life. So by that, she is saying that she cannot
beg for anything. She met Freddy Santiago when he was a kid, and all of the
youth of that community. Nobody calls her by her name, they call her Mother
or Old Lady, and she feels happy about that. She thought, those were my
people, but possibly she was wrong. Now you think that with twenty thousand
dollars ($20,000) you're going to replace the work of... all her lifetime
work. She is fifty-five years old, her husband is sixty-one, she has been
here for twenty-five years. You think that it is just that the authorities
were standing in front watching what was happening, and they didn't move one
finger to defend them. Estella Ruiz, a fellow member of the community called
her at home, and her husband and her could not believe that to them - that
would be done to them. Now, we ask for much, but how are you going to repair
what's been done? The only help she has received up to this moment, has been
of the Catholic community. First, they came in and cleaned up the place, and
to pick up the garbage and pick up everything inside of the store, to paint,
and to repair the rug, because I was telling my husband yesterday, that if
they had been there alone, they still would be there crying over the garbage.
But thanks to the Lord, last night was a glorious night in that corner. I
leave it up to your judgement, if you think that with twenty thousand dollars
($20,000) she could repair the damaged economy, when she had an inventory to
sell for Christmas, this is Christmas... Christmas is the merchants time to
make money. She had over thirty-five thousand dollars ($35,000) in inventory
of men shoes, because they were a wholesaler instead of a retailer. What
profit was she going to have during Christmas, what is she going to live on
now, are you going to force her to steal? - you decide.
Mayor Suarez: Commissioner Dawkins,
Vice Mayor Plummer: Did she have any insurance?
Commissioner Dawkins: Translate.
Mr. Odio: Miss,
Commissioner Dawkins: Tell her to come back to the mike. Tell her I am very
sorry that she detects my offer from this Commission as charity. Sometimes
those of us who feel and believe in a supreme being, whether you call him
Jesus, God, or Buddha, we must realize that he works in mysterious ways.
Nobody could replace twenty or thirty years of hard work that you and your
husband contributed to the community. We as elected officials attempt to
37 December 6, 1990
0
address problems as they occur. We wouldn't dare insult your intelligence, by
offering you twenty thousand dollars ($20,000) for your loss. Two hundred
thousand ($200,000) wouldn't replace your loss. But knowing that you lost
everything, and in America you only make money if you have something to sell,
we felt, I felt, that if we made money available to you to buy stock with, you
could resell the stock. So I apologize to you if I've offended you, offering
you twenty thousand dollars ($20,000).
Mayor Suarez: In any event, the motion will be considered to be conditioned
obviously, on her acceptance of the terms, and as such, we can vote on it if
we haven't already, have we Madam City Clerk? We have a motion and a second.
Any further discussion? If not, please call the roll.
Mr. Manuel Gonzalez: Can I be recognized?
Mayor Suarez: Manolo.
Mr. Gonzalez: Could I be recognized?
Mayor Suarez: Yes, on that issue please.
Mr. Gonzalez: OK, sir. I wonder if I could express myself.
Mayor Suarez: Give us your name first and address, Manolo, please.
Mr. Gonzalez: Let me see if the microphone works.
Commissioner Dawkins: Pull it up.
Mayor Suarez: Yes, just get a little closer.
Mr. Gonzalez: OK. My name is Manuel Gonzalez. I live in Coral Gables, yet I
am Puerto Rican. I have to subscribe myself to this issue of Daisy Perez. I
encourage her to accept whatever the Commission provides, which my
understanding is a temporary loan in order to replenish, and be able to sell.
I am sure that she, if I talk to her, she will reconsider the position. But I
would like to express a little bit more about the situation. I've been living
here for ten years, and I have tried to do my best within my means to help not
only the Puerto Rican community, but the Cuban community, and the Black
community. And unfortunately, every time I have tried, I see so many groups
trying to claim the leadership, and I have seen so many politicians like you,
with a few exceptions, that you only care about the different communities at
the time of elections. And you people make a lot of promises, and then the
real help you give, for example now, to the Miami Herald that there is no
money for a few things that are really an essence to the community. And then
you see that you are issuing bonds for a hundred and sixty million dollars
($160,000,000) for some art work that the benefits... I don't understand that,
and I think that this is a mockery when this Commission, I'm not talking to
any particular Commissioner, but this type of politics is basically a mockery,
it's laughing at the real people who put you in power. And let me tell you,
my idea, I did campaign for Senator Chiles for Governor, I get the feeling
of... not because I am going to be a candidate, because I am not interested in
that, because you need a big quality to be a candidate in politics, you have
to be a liar. If you are not a liar, you cannot be a true politician. So,
that's why I will never try public office. But nevertheless, I think that I
can understand how the Puerto Rican community feels, because I have felt, and
I went through police brutality also. It was in a different way, I was not
murdered, but I was badly treated by a Miami policeman during the campaign.
And I am not going to explain the whole procedure with what I went through,
because I think that the Commissioner should be embarrassed of what happened
to me. And if this happens to a clean cut guy who was trying to do some
politics for Senator Chiles, and I am arrested in my offices of the campaign,
and I am treated in a bad manner with police brutality basically, because I am
not a weight lifter, I am not a... I am basically a pacifist, and yet I was
treated very harshly. So, now, I explain this because I understand the way,
because I have been through it. It's very easy to talk about it unless you go
through the same procedures. And I fully understand the Puerto Rican
community, and as I sometimes say, it's very easy to be a big macho, I am
talking about the police. When you have a gun, when you are a weight lifter,
and when you have a macana, and handcuffs, you are then a macho, a Cuban
macho. If those types of machos... they should go to Cuba and deal with
Fidel, not with the nice people of this community. I am talking about Officer
38 December 6, 1990
l
6
t
Jacombe now. And I don't and you can rest assured Commissions, that
I am going to be very active from now on, but not only during election time.
I am going to try to organize and integrate all Puerto Rican organizations,
which I think that we have as many as the Cubans, different organization. We
should all get together in only one, and try also to approach the Cuban
community, so we all get united, and even with the Black community. Because I
think that Puerto Rican, we have a... by custom or through our history, we are
pacifists basically, and we mend very well with the Blacks, with the Anglos,
and with our own community. So I think we can really help, if instead of
trying to do business, and trying to wheel and deal, just for money, just like
maybe a few persons are involved in this proposed free zone, I think that we
have to sacrifice a little bit, and I am talking now to the different Puerto
Ricans organizations, because we are also to be blamed, Puerto Ricans first.
But we have to blame the police, and we have to blame... I don't want to make
particular statements about the Commissioners, in a whole, you, have to be
blamed, you, have to be blamed, you, have to be blamed, Mayor, I don't know
Miriam Alonso, I think that she has done good for Puerto Ricans so far, at
least, she is the only one who has heard when I have called this Commission.
And Plummer, I make an exception to him also, because his office ordered some
kind of an investigation, but in my particular case, I think that I will not
talk because I am going to go to the court. Because it is about time that
when we get police abuse, we keep a straight face instead of making what we
did, my few Puerto Ricans did. We have to go through the legal procedures in
court. I am going to sue you, the City of Miami at the proper time, and I
have plenty of witnesses in my area, and they are not Puerto Ricans, or
purchase witness, these are people who saw what really happened to me. But
going back to what happened to the Puerto Ricans or to our area, don't blame
them, you have to accept blame, because you are the elected officials, and
then you control here, the police department. And If I have been through, and
everybody knows that I am a pacifist here in this town, and I get along well
with Cubans, and I get along well with Americans, with Blacks, I think that
you have to be blamed, you are to be blamed also for this, I hope you
accept it. Because sometimes you think that because you are elected, or you
are appointed, you are only servants of the people here.
Mayor Suarez: Manuel, let me tell you...
Mr. Gonzalez: I am sure you know that, but please, don't forget that.
Mayor Suarez: Wait, wait, sir. You have to wrap up what you are saying, I
also have to tell you that there are many leaders of the Puerto Rican
community, many civic activists who are doing very concrete things, they have
been here this morning on already two, three, four items, and it may be
profitable for you to direct a lot of your efforts, energy, and resources,
which I know are considerable...
Mr. Gonzalez: No, no, no.
Mayor Suarez: .. well, maybe they are not as much anymore, I guess.
Mr. Gonzalez: I am a very little guy, very simple, very simple fellow.
Mayor Suarez: OK. To helping them in addition to the other political
activities, or the other coalition building that you want to do, that's just a
personal recommendation. But in any event, regardless of what you do, please
summarize your suggestions, recommendations, and criticisms, so that we can
get on with the rest of the agenda, please.
Mr. Gonzalez: My summarizing is that just to make it in a nutsHeller, that
you, the Commissioners, and the police department are to be blamed for what
happened. Even though the actual are to be blamed for what happened. Even
though the actual burning came out from a few guys, there always a reason
behind that. You damn well know that you only go there during election time.
So, it's about time that you really do something about it. And the "Ayl
Benditol" of the Puerto Ricans, that saying is not going to work from now on
in this town. We are going to forget about "Ayl Benditol" because Puerto
Ricans are known because of the "Ayl Benditol". We excuse everybody. And I
hope that I will be able to work with all these organizations and integrate
. them into one probably like Cuban -American foundation, but not a Fundacion, a
r foundation. Something like that, so we can integrate all the groups together.
And, also, I invite some of the Cubans because a lot of Cubans are in debt to
39 December 6, 1990
Puerto Ricans. When the exile we really treated well the Cubans and - not
Marti, it was Dona Lola Rodriguez del Touset, CUBA Y PUERTO RICO DE UN PAJARO
A LAS DOS ALAS. So, let's put that into practice and I think we will be
able... but first, we will have to get all the Puerto Ricans together and then
join with the Cubans and the blacks.
Mayor Suarez: All right, thank you.
Mr. Gonzalez: OK.
Mayor Suarez: We're on item... yes....
Vice Mayor Plummer: Did we call the roll on that?
Ms. Hirai: No, sir.
Mayor Suarez: Call the roll, please, on the item.
Commissioner De Yurre: Mr. Mayor...
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: Before, I have a concern and I would like to have Mrs.
Perez, if she can come up to the mike because I need to get some more facts as
to her personal situation. PUEDE VENIR AL MICROFONO, POR FAVOR?
Mayor Suarez: DAISY, SI PUEDE IR AL MICROFONO.
Commissioner De Yurre: And, you can translate, Cesar.
Mr. Odio: Yes, sir.
Commissioner De Yurre: Echoing what Miller has expressed a few minutes ago,I
have to ask her, without getting into the issue of whether she's going to
accept the $20,000 or not. I need to know whether those $20,000 would have
any impact at all on her business.
TRANSLATION: REPITIENDO LO QUE DIJO EL COMISIONADO DAWKINS HACE UN MOMENTO,
YO TENGO QUE PREGUNTARLE A USTED SIN ENTRAR EN DISCUSION SI VA A ACEPTAR EL
( PRESTAMO 0 NO, YO NECESITO SABER SI ESOS $20,000 VAN A TENER UN IMPACTO EN SU
( PROBLEMA, SI LE VAN A RESOLVER ALGO.
Ms. Perez: YO SOLA NO SOY LA PARTS. MI ESPOSO ESTA AQUI TAMBIEN.
TRANSLATION: She would have to ask her husband. Her husband is also here.
Commissioner De Yurre: Well, let's here from him too then.
Mr. Odio: PODEMOS OIR DE SU ESPOSO ENTONCES?
Ms. Perez: POR FAVOR.
_ Commissioner De Yurre: I'll talk in Spanish and you can translate in English.
YO QUISIERA SABER SIN ENTRAR EN EL TEMA, SI USTEDES VAN A ACEPTAR EL DINERO 0
NO QUE SE LE ESTA OFRECIENDO.
TRANSLATION: He wants to know, without getting into a debate, if you're going
to accept the $20,000 or not. Because we're offering you twenty....
Mr. Ricardo Perez: BUENO YO CREO QUE SI NOSOTROS NO TENEMOS UN PENNY PARA
SEGUIR EL NEGOCIO, Y USTEDES NOS VAN A AYUDAR CON ESO, PLIES, YO ACEPTO PARA
SEGUIR TRABAJANDO, PERO NO CREO QUE SEA JUSTO, PERO NO SE PUEDE PEDIR LIMOSNA
CON ESCOPETA TAMPOCO.
TRANSLATION: I believe that if we don't have a penny to continue our business
and you are going to help us with that, we will have to accept that so they
can continue to work. But, it's not enough, but...
Commissioner De Yurre: BUENO, LA PREGUNTA QUE YO VOY ES LA SIGUIENTE, QUE ES
LO QUE USTEDES NECESITAN PARA REPONER LO QUE USTEDES HAN PERDIDO?
TRANSLATION: The question he's asking is this, what do you need to replace
what you have lost?
Mr. R. Perez: SOLAMENTE EL DESTROZO QUE ME HICIERON DEL BUILDING VALE MAS DE
$15,000.
40 December 6, 1990
TRANSLATION: Only the damage that they did to the store that is worth more
than that $15,000.
Commissioner De Yurre: Than fifteen.
Mr. Odio: Fifty.
Commissioner De Yurre: QUINCE.
Mr. Odio: QUINCE. Fifteen.
Commissioner De Yurre: Hold it, hold it, hold it. Wait, hold it a second.
Mr. Odio: Fifteen thousand dollars.
Commissioner De Yurre: Y QUE PERDIERON USTEDES CON RESPECTO A LO QUE ES LA
PROPIEDAD, LOS ZAPATOS, EL INVENTARIO?
TRANSLATION: And what did you lose about the inventory?
Mr. R. Perez: ELLA DIJO TREINTA Y CINCO, PERO FUERON COMO DE CUARENTA Y CINCO
A CINCUENTA MIL. DEJARON TRES ZAPATOS SOLOS. Y ANOCHE LLENAMOS LA TIENDA CON
LOS ZAPATOS QUE RECOJIMOS POR LA CALLE PARA DAR LA IMPRESION QUE AHI HABIA UN
NEGOCIO.
TRANSLATION: She said thirty-five, but it was about forty-five to fifty
thousand. They left only three pair of shoes. And last night they filled
them up with shoes that they picked up on the street to give the impression
that there was an inventory there.
Commissioner De Yurre: PARA YO ENTENDER EL NEGOCIO DE USTEDES, Y ENTENDIENDO
QUE EL PERIODO DE LAS NAVIDADES ES DE SUMA IMPORTANCIA PARA UN COMERCIANTE, EN
LO QUE ES DEL PUNTO DE VISTA DEL PERIODO DEL TIEMPO. PARA CUANDO USTEDES
TENDRIAN QUE TENER EL DINERO PARA PODER REPONER Y TENER TIEMPO DE VENDER PARA
LAS NAVIDADES?
TRANSLATION: For me to understand your business, and to also to understanding
that this is a Christmas period, it's of very much importance to merchants.
From the point of view of the loss of time, when would you have to have the
money to be able to replace and to have time to sell during Christmas?
Mr. R. Perez: BUENO, SI TENGO EL DINERO MANANA, EN NOCHE BUENA, ANTES DE
NOCHE BUENA, EN UNA SEMANA YO ESTOY VENDIENTO ZAPATOS DE NUEVO.
TRANSLATION: Well, if I have the money by Christmas, he will be operating.
Within a week, he'll be selling shoes.
Commissioner De Yurre: ENTONCES ESTA... PORQUE LO QUE ME INTERESA A MI ES
PODER RESOLVER. SI NO SE PUEDE RESOLVER, ENTONCES UNO NO SE SIENTE QUE ESTA
LLEVANDO ALGO A CABO.
TRANSLATION: Then, what he wants to know that we can resolve the problem. If
not, then if we feel we're not accomplishing anything.
Mr. R. Perez: SI TENGO EL DINERO, LA SEMANA QUE VIENE, YA ABRIMOS Y ESTAMOS
VENDIENDO.
TRANSLATION: If I have the money next week, I would be opening next week - I
would be selling next week.
Commissioner De Yurre: USTEDES ESTARIAN USANDO EL DINERO AHORA DE INMEDIATO
PARA REPONER LA PROPIEDAD 0 PARA ADQUIRIR INVENTARIO?
TRANSLATION: Do you think you'll be using the money immediately to replace
the property? -to repair the property, or to replace the inventory?
1
Ms. Perez: PRIMERO TENEMOS QUE REPONER LA PROPIEDAD PARA PODER VIVIR DENTRO.
NO?
TRANSLATION: First, we have to repair the property before we can put an
inventory in it.
Commissioner De Yurre: ENTONCES, CUANTO SE DEMORA ESO?
TRANSLATION: Then, how long will that take?
Mr. R. Perez: ESO, TRES DIAS, DOS DIAS.
TRANSLATION: That would take two to three days.
Commissioner De Yurre: OK, what I would like to do in understanding that
$20,000 based on what the information they're giving us, is not going to
41 December 6, 1990
1 10
accomplish anything of significance based upon what we're listening. I want
to find a way, Mr. City Manager, whether it's through Miami Capital or any
vehicle that you deem appropriate, to make available to them, on an emergency
basis, a loan of maybe 3 percent with a six month moratorium of principal and
interest, possibly a seven year loan of an amount of $50,000. I would put
that in the form of a motion because my feeling is that $20,000 is not going
to do it and, in fact, we'll probably end up losing the twenty as opposed to
giving them a chance to rebuild and to continue. Fifty thousand, I think they
have a fighting chance to get back on their feet and if it's made available
immediately, then we can see them getting back on track and be able to survive
through the Christmas period which is so essential for this type of business.
I would make that in the form of a motion.
Commissioner Dawkins: I second the motion and under discussion.
Mayor Suarez: Moved and seconded.
Commissioner Dawkins: I'm seconding it only to vote for it only, if the
money is made available immediately.
Commissioner De Yurre: It has to be.
Commissioner Dawkins: OK. Now, I heard you say Miami Capital. I know, and
you know if it goes through Miami Capital, it gets hung up in the
bureaucracy - and go see Mr. So -and -So, come back and see Miss Ann, and we
will have nothing. Now, if your motion is to make $50,000 available
immediately and work out the kinks and whatever later, then I will vote for
the motion. If it's not to make the money available immediately, I'll be
voting against the motion.
Commissioner De Yurre: No, it has to be made immediately...
Mr. Odio: Commissioner, did you say the loan would be for five years?
Commissioner De Yurre: Seven years.
Mr. Odio: If it's for seven years, you would have to change the guidelines
that we have. We can only go to five.
Commissioner De Yurre: OK, we go to five then.
Mr. Odio: Five years and...
Commissioner Dawkins: Five years with an option for another five. Is that
legal?
Commissioner De Yurre: Well, we can always revisit the terms of...
Commissioner Alonso: Yes.
Commissioner Dawkins: No, no, no, wait a minute, wait a minute. No, no...
Mr. Odio: Fine.
Commissioner Dawkins: No, no, no, Mr. Manager, let the Manager tell me, OK?
Is it possible five years with an option for another five?
Mr. Frank Castaneda: They can do it for five years, and then revisit the
issue five years hence.
Commissioner Dawkins: OK, all right.
Mayor Suarez: Yes, apply for renewal.
Commissioner De Yurre: OK, now the money can be... how soon can the money be
made available?
Mr. Odio: Immediately.
Mayor Suarez: Assuming....
Commissioner De Yurre: Is immediately today?
42 December 6, 1990
Mr. Odio: Like tomorrow.
Commissioner De Yurre: Tomorrow.
Mayor Suarez: Assuming that all of the regulations of Miami Capital are met.
The idea of Miami Capital, I think, is that there's an agency that has
independent autonomous power to award this loan, if it meets all the
qualifications. If, as Commissioner Dawkins is anticipating, this could, in
any way, delay the effort and then we would all have problems with it.
Because the idea is to do it so that they can replenish the inventory
forthwith. But so far, we're getting from the administration - and this all
assumes, of course, that she's interested, I mean.
Commissioner Alonso: ELLOS ENTIENDEN? Do you understand?
Commissioner Dawkins: Give him fifty thousand... Mr. Mayor...
Ms. Perez: UN POQUITO, POR FAVOR, PERO...
Commissioner De Yurre: OK, look...
Commissioner Dawkins: Give him fifty...
Mayor Suarez: Dollars and cents they understand. Yes, Commissioner Dawkins.
Commissioner De Yurre: OK, look, look... YO LES VOY A EXPLICAR AHORA.
Commissioner Dawkins: Give him $50,000 immediately and work out whatever you
have to work out with Miami Capital or whatever. Give him $50,000 from the
general fund and you all work out where you all are going to put it back from.
I aint' got no problem with it.
Commissioner De Yurre: Well, we have to instruct the administration to make
this money available. That way, it can bypass loan committees or things of
that nature from Miami Capital. That is, that is the motion.
Mayor Suarez: Or Miami Capital can convene their loan committee forthwith and
approve it which...
Commissioner De Yurre: OK and I'll explain in Spanish. LO QUE LES ESTAMOS
PROPONIENDO ES HACERLES UN PRESTAMO A USTEDES DE $50,000 INMEDIATAMENTE,
MANANA PAGADERO A CINCO ANOS Y LOS PRIMEROS SEIS MESES QUE NO TENGAN QUE PAGAR
USTEDES NI PRINCIPAL NI INTERES Y QUE SEA A TRES POR CIENTO (3%) EL PRESTAMO.
YO CREO QUE CON ESO PUEDEN LEVANTARSE RAPIDO USTEDES Y PUEDEN RESOLVER DE
INMEDIATO EL PROBLEMA QUE TIENEN.
Mr, R. Perez: ESTA BIEN, CORRECTO. CON ESO... SI, SI, ASI MISMO.
Commissioner Alonso: Y CON UNA POSIBLE REVISION EN CINCO ANOS QUE SE PUEDA
EXTENDER CINCO ANDS, DESPUES DE LOS OTROS CINCO.
Commissioner De Yurre: SI, SIEMPRE, LA CUESTION ES RESOLVER AHORA DE
INMEDIATO.
Mayor Suarez: OK, the City Attorney on the prior motion had concerns and I
think now, in view of the modifications and amplifications as to amount and
otherwise, he's going to want clarification. Mr. City Attorney, how can we
take this either as a separate motion or as part of the first one, modifying
the first, presumably approved by the mover and the second, so that we have
given clear instructions to you and the City Manager on implementing this
loan?
Mr. Jorge Fernandez: Clearly, the motion made by Commissioner De Yurre, if
accepted by you, can supersede and, in fact, will superseded the first one
? which merely was a motion in principle. This is a concrete motion that
becomes a resolution effective immediately.
Mayor Suarez: It requires implementation prior to - without any further
Commission action.
Mr. Fernandez: That's correct.
s:
43 December 6, 1990
Mayor Suarez: As long as it meets the parameters specified. Are the
parameters fairly clear? I mean, clear enough to...
Mr. Fernandez: Well, I want to make sure that they understand that, well...
Mayor Suarez: Could you please do that?
Mr. Fernandez: ...that, well, it's being made available immediately, they
still must comply with all of the requirements of the lending agency. I don't
know what kind of collateral will be asked for or negotiated. I don't know
what kind of signatures would be required, the documents that need to be
signed, the recording of the mortgage. All of those requirements which are
regular requirements of this agency making any loans, will have to be
observed.
Commissioner Dawkins: Mr. City Attorney.
Mr. Fernandez: Yes, sir.
Commissioner Dawkins: That's my problem, OK?
Mr. Fernandez: OK.
Commissioner Dawkins: When they get through meeting all of the requirements,
the Christmas holidays will be over, the greatest terms for their sales will
be over. You know, give them the $50,000 and then let them go out and come
back and you replace it with the loan after we've made all of the what -have -
you.
Mr. Fernandez: OK.
Commissioner Dawkins: You know, we're sitting up here, going through this and
I don't want Freddy Santiago go back down here in January saying, you were
going to give these people $50,000, here it is, January - when do we meet? -
January what? January loth. They have not received one penny. They are not
open. Yesterday when I was out there, the priest had people coming in willing
to volunteer their services to fix up the place if we had materials. They
can't fix the place up because they got nothing to fix it up with. But you
got people out there who say they've helped them, who are willing to come in
and say, OK, I'll nail a board here, I'll put the wire... but, they don't have
the money. And now, we're supposed to be assisting them and you're putting
all the red tape in the way. We...
Mr. Fernandez: Well, I am not the attorney for Miami Capital and so I would
not pretend to speak on their behalf.
Commissioner Dawkins: OK.
Mr. Fernandez: I am the attorney for the administration and what I'm telling
you, that unless you instruct the administration, on an emergency basis, to
make these $50,000 available from some place else...
Commissioner Dawkins: And put it back where they got it from. That's what
I'm saying.
Commissioner De Yurre: Jorge, you're in this room with us. I mean like, I
wouldn't understand anything other than that there's an emergency basis and
money has to be given immediately and the administration understands that and
i
they're in a position
to be able to
do it. That's the bottom line.
Do you
k
have any problems with
that, Mr. City
Manager? OK, that's it.
i
Mr. Fernandez: But,
even if the
City Manager gives the money
himself,
Commissioner De Yurre...
j
i
i
Mr. Odio: Let's clarify that, I'm
not giving him my money because
I don't
i
have it.
Mr. Fernandez: No, no,
not...
Commissioner De Yurre:
Miami Capital's
money, that's it.
44 December
6, 1990
i
Mr. Odio: But I'll make sure that Miami Capital will give them the money this
afternoon.
Commissioner Dawkins: Hold it, all right, let me hear from the director of
Miami Capital. I mean, let's cut through the fat.
Mr. Castaneda: Commissioners...
Commissioner Dawkins: No, no, no...
Mayor Suarez: How close are we?
Commissioner Dawkins: ...let me hear from the director of the Miami Capital.
Mayor Suarez: How close are we to having sufficient...
Commissioner Dawkins: Through the Manager to you.
Mayor Suarez: Please, Miller. How close are we to having sufficient
parameters...
Commissioner Dawkins: Through the Manager to you, OK?
UNIDENTIFIED SPEAKER: Yes, sir, yes, sir.
Mayor Suarez: ...and indications to you that you could make this loan
forthwith, Tony?
Commissioner Dawkins: Mr. Manager, is it possible - and you have him answer
or you answer - for this Commission to direct Miami Capital to make $50,000
available immediately. Is that legal?
Mr. Odio: Yes, sir.
Commissioner Dawkins: Thank you, that's all I need to know.
Mayor Suarez: Do you need anything else from the Commission by way of an
indication or motion of principle that would help you in....
Mr. Tony Crapp: Yes, Mr. Mayor, what I was going to ask is for, I think, and
the minimum that the Commission would go on record with the appropriate motion
or resolution approving this loan in principle and that also that for Miami
Capital's purposes that the City Manager provide us with a letter
incorporating the terms and conditions of the disbursement of these funds, and
we will do so immediately.
Commissioner De Yurre: OK, the motion carries that anything that needs to be
done, to be done by the administration. OK.
Commissioner Alonso: So what...
Mayor Suarez: And procedure - I'm sorry, Commissioner Alonso.
Commissioner Alonso: Excuse me, when we leave today, then we will be
reassured that they will have a check next week.
Commissioner De Yurre: No, no, tomorrow.
Mr. Crapp: If not, this afternoon.
jCommissioner Alonso: Tomorrow, this afternoon?
k1
Mr. Crapp: Sure.
Commissioner Alonso: Are you sure?
Mr. Crapp: I'm positive.
Commissioner Alonso: Great.
Mr. Crapp: I have to get the proper signatures on the check. So, assuming I
can get hold of those people, I can get the check this afternoon.
45 December 6, 1990
Commissioner Alonso: Great. If not, we call a special session next week.
Mayor Suarez: OK. All right, so stated with those parameters and those
specifications, we have a motion and a second. It also includes the other
loan that was mentioned.
Commissioner Dawkins: Yes.
Mr. Fernandez: The other loan was...
Mayor Suarez: How do you spell the name of the....
Commissioner Dawkins:
Mayor Suarez: Thank you.
Mr. Fernandez: I didn't hear that, Mr. Mayor.
Mayor Suarez: I'm sorry?
Mr. Fernandez: I didn't hear that.
Mayor Suarez: We have incorporated a first motion also. A resolution, in
principle, to loan monies to the other store that was broken into, the drapery
store, and I want to clarify what the Commission wants to do on that, Mr. City
Attorney, as to - so far we've clarified that they're Drapery, Inc. at 3299
N.W. 2nd Avenue and that the owners are called Siedlers? -Siedler? Right, and
I don't know what the tenor or what the intent of the movant is on the
modification. Commissioner Alonso, did you want to say...
Commissioner Alonso: Mr. Mayor, there is one clarification I'd like to make
for the record because I think that this Commission cannot send the wrong
message to the community. What I'd like to say, at least for myself, is that
the actions that we are taking today to help these people is because to me
they are the real victims of the problem. We are not rewarding the people who
went out and burned and destroyed private property. We are helping the real
victims of the problem and that's what this Commission is doing, and no one
get the wrong message because this is the intent of this Commission, just to
help the real victims.
Commissioner De Yurre: OK, I second that statement.
Mayor Suarez: OK, now, as to the other store, what was the intent of the
movant and the second of the motion? -as to the other store and their loan?
Is that also meant to be on the same basis? -or....
Commissioner De Yurre: Same basis, but it is my understanding that they have
insurance. The second store...
Mayor Suarez: Why don't we leave that one in principle without having the
folks here and then...
Commissioner De Yurre: OK, but...
Mayor Suarez: ...yes, the administration will recommend to us the proper way
to do that.
Commissioner De Yurre: This one has to be done, like yesterday. OK.
Mr. Castaneda: We will look into it.
Mayor Suarez: OK, as to the second, Mr. City Attorney, would be as to the
Drapery, Inc., it would be a motion in principle for details to be worked out
later. Moved and seconded. Any discussion? If not, please call the roll.
46 December 6, 1990
tv
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 90-933
A RESOLUTION APPROVING, IN PRINCIPLE, THE CONTEMPLATED
LOAN IN THE AMOUNT OF $50,000.00 TO LA REINA UNIVERSAL
SHOE STORE BY MIAMI CAPITAL DEVELOPMENT, INC. FOR A
MINIMUN TERM OF FIVE (5) YEARS WITH ALL OTHER TERMS
AND CONDITIONS TO BE AGREED UPON BY MIAMI CAPITAL
DEVELOPMENT, INC. AND LA REINA UNIVERSAL SHOE STORE;
ALSO APPROVING, IN PRINCIPLE, A CONTEMPLATED LOAN TO
DRAPERY, INC. WITH AMOUNT AND TERMS TO BE AGREED UPON
BY MIAMI CAPITAL DEVELOPMENT, INC. AND DRAPERY INC.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Vice Mayor Plummer: Mr. Mayor.
Mayor Suarez: Yes, Commissioner, or Vice Mayor...
Vice Mayor Plummer: I waited intentionally because the item which I want to
bring up now is not a rush for Christmas time. It can't be replaced by
Christmas time and that is... almost. Garrett Construction Company. I think
we all are very much aware of their direct and indirect community involvement.
They would like to stay in that community. Some people will say they are an
absolute fool to do such, but I think that their hearts and their desires are
to remain in that community. I have talked personally with Pat Garrett, who
has been a friend for years, and he is asking...
Commissioner Dawkins: He has my sympathy.
Vice Mayor Plummer: I'm sorry?
Commissioner Dawkins: He has my sympathy being your friend.
Mayor Suarez: The "Blues Brothers," please....
Vice Mayor Plummer: I'll take care of him later, don't worry about it.
Mayor Suarez: Vice Mayor Plummer continue.
Vice Mayor Plummer: Mr. Mayor, he has asked if it is possible that the City
could, in fact, in some way - he's not asking for a grant, he's not asking for
a handout, he's asking for help in the form of a loan that this City normally
makes to rebuild that organization back into that community. I would like to
47
December 6, 1990
personally take it on individually, to have this Commission's approval, to
enter into discussion and whatever else is available with the administration
and the Garretts' firm to do whatever is humanly possible to try to get that
business back into that community. I could sit here for probably an hour and
not tell you of all of the good things that that man - that business, that
family have done for that community. As we heard this morning, they weren't
demanded, they came forth and offered to do the plans for that park absolutely
free of charge. That man has done things for the programs in that community,
and he is a real victim because, in a way, he's an outsider. But he's not, he
is a real part of that community. We see here, unfortunately, so many times
of companies who say, give me, give me, give me, and give nothing back. If
there is ever a classic example of someone who has, yes, received from the
community, from the entire South Florida, and given something back to that
individual community, it is that family. So, Mr. Mayor, whatever motion would
be appropriate, I would like to be directly involved with the administration
and the Garretts Company to see what this City can do. He said he is not
looking for a freebie, he is not looking for charity, but he needs that loan,
a loan, to get him back into and under construction. So, I don't know what's
appropriate, Mr. Manager, you tell me.
Commissioner Dawkins: Mr. Mayor...
Mayor Suarez: OK....
Commissioner Dawkins: I mean, Mr. City Manager, we have the CD UDAG, or what
is it?
Mr. Odio: Float, float.
Commissioner Dawkins: Float. Isn't any money... no, uh uh. See, the CD
float, you've got to replace it on demand, OK? We got - what's that thing,
mini-UDAG, UDAG, is there any money...
Mr. Odio: No, there are no longer UDAG monies, Commissioner.
Commissioner Dawkins: All right, well what is that mini-UDAG? That's the
float?
Mr. Odio: Mini-UDAGs you could...
Commissioner Dawkins: That's the float.
Mr. Odio: Yes. No, no, it's different.
Commissioner Dawkins: All right, what is the maximum available under the
mini-UDAG?
Mr. Odio: See, at this moment, we have a few commitments. Some of them
you're going to deal with this afternoon. Of $800,000 I don't think we have
any money left on mini-UDAGs.
Commissioner Dawkins: You don't have any left in the mini-UDAG?
Mr. Odio: No, sir. He has a very good credit, so...
Commissioner Dawkins: No, see, I'm not interested in he. See, Mr. Plummer
said for us to help him.
Mr. Odio: The float would help him, Commissioner, that's what I'm saying.
The float would really help him, because we can give it to him at a one
percent interest and...
Commissioner Dawkins: He didn't ask for one percent interest. But we can
surely beat 16 percent that he would get in the private sector. We can beat
that.
Mr. Odio: Oh, sure.
Commissioner Dawkins: All right, so, you see...
Mr. Odio: But we have given floats in the past at that one percent, so...
48
December 6, 1990
Commissioner Dawkins: OK, I'll second Commissioner Plummer's motion and I'll
second it with this proviso, that if the administration runs into any hassle —
meeting this, that it notifies the Mayor and the Mayor calls a special meeting i
for us to deal with it.
Vice Mayor Plummer: Well, if I...
Commissioner Dawkins: OK, now the second part of my motion, I mean, what J.L.
is, they have to have some place to operate out of while they're here.
Vice Mayor Plummer: Commissioner...
Commissioner Dawkins: J.L. Plummer, I would like for you, on behalf of this
Commission, to offer the Garrett the use of the Watson Building as long as
they are responsible for security and the utilities until they can get on
their feet. I would like...
Vice Mayor Plummer: I'll be happy to do that in behalf of this Commission,
but I think that they have tentatively found a place very close to the
community in which they want to stay, but I appreciate that if, in fact, we
can make that offer to them, that would be great.
Mayor Suarez: Or other appropriate City facility.
Vice Mayor Plummer: Yes.
Mayor Suarez: Thank you. Is that built into the same motion?
Commissioner Dawkins: J.L.'s funeral home.
Mayor Suarez: OK. We may as well, as long as we're doing all of this, put
out a general call to the community to please try to track down the
memorabilia that were stolen to the extent that they were not destroyed and
see if they can return them to the Garretts' and also tell them that the young
people, some of them may or may not have been active in the disturbance
itself, and certainly were otherwise expressing anger about a variety of
things themselves wish to meet with Mr. Garrett, some of the ones I've talked
to, and express to him the same thing that this Commission is doing by this
motion which is a desire that he stay and that he rebuild and they want to
help in that. God knows, maybe they'd even give their volunteer work in doing
that and I think they're intend to have another meeting tonight and we're
trying to see if we can get them to attend that meeting. All right, with all
of that, we have a motion. Do we have a second?
Commissioner Dawkins: Yes, I second it.
Mayor Suarez: Any discussion? If not, please call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 90-934
A MOTION DIRECTING THE CITY ADMINISTRATION TO ENTER
INTO DISCUSSION WITH THE GARRETTS' FIRM FOR THE
PURPOSE OF DOING WHATEVER IS HUMANLY POSSIBLE IN
TRYING TO GET SAID BUSINESS REESTABLISHED INTO THE
WYNWOOD COMMUNITY; FURTHER STIPULATING THAT IF THE
ADMINISTRATION WERE TO RUN INTO DIFFICULTIES REGARDING
SAID DISCUSSION AND ACCOMPANYING REQUEST, THE CITY
MANAGER SHALL SO NOTIFY THE MAYOR, WHO WILL THEN CALL
!r A SPECIAL SESSION OF THE COMMISSION TO FURTHER
CONSIDER SAID ISSUE; FURTHER DIRECTING THE CITY
i
MANAGER TO OFFER THE GARRETTS' FIRM TEMPORARY USE OF
THE CITY -OWNED WATSON BUILDING, OR ANY OTHER
APPROPRIATE FACILITY DURING THE INTERIM, WITH THE
STIPULATION SAID FIRM SHALL BE RESPONSIBLE FOR
SECURITY ASPECTS OF SAID BUILDING AND ALL UTILITIES
DURING SAID INTERIM PERIOD OF TIME.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
49 December 6, 1990
M1
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: And as to a special session, absolutely so. It is clear, from
myself and this Commission, in full consensus and unanimity, that the
Garretts' family has done a great deal for that community. They're supported
at all levels from community organizers to the youth in the streets, to the
Commission and the administration, and we will do whatever to make sure that
they stay, and so far they have, I think, indicated to you, Commissioner
Plummer, to all - the Vice Mayor - to all of us that they do want to try to
rebuild and stay in that community for which we thank them. It will probably
be as symbolically important as anything else that could happen there for the
next few months and, of course, the City and, hopefully, with a little help
from the State, the County and the Federal Government, will begin to
revitalize the community as we should have been doing all along. All right,
call the...
Mr. Fred Santiago: Let me, Mayor, just a little bit information...
Mayor Suarez: Can I just call the roll on that, Mr. Santiago, please.
Ms. Hirai: I called the roll on that motion already, Mr. Mayor.
Mayor Suarez: OK, I'm sorry, go ahead, Mr. Santiago.
Mr. Santiago: Just a little bit information. I've offered $50 reward for
every piece of equipment that's returned to - that belong to Mr. Garretts, and
up to yesterday, we had four pieces of equipment returned. And all that
equipment is being given back to Mr. Garretts.
Vice Mayor Plummer: Freddy, if you're doing that, one of the things that has
hurt him the most, if you could help out, I'm sure, is that all of the
pictures of his family that are irreplaceable were taken or destroyed. And if
you can reach out in whatever way and get that back to that man, I think that
that would take away a great deal of the pain.
Mr. Santiago: Well, I think the community is responding...
Vice Mayor Plummer: Because he is very hurt about that.
Mr. Santiago: ...by the fact that they've already returned four pieces of
equipment and, hopefully, today some additional equipment or other memorabilia
will be returned and we'll give them to Mr. Garretts.
Mayor Suarez: Freddy...
Vice Mayor Plummer: That will be great.
Mayor Suarez: ...spread the word on the other sports memorabilia and stuff,
footballs, etcetera that... if it takes finding a replacement football or
something, we can certainly come up with that. We got a bunch of them up here
in the cabinet that can certainly be given out to people. All right, thank
you. Spread the word among the community, please. And the young people want
to help in that so let's take advantage of that.
50 December 6, 1990
13. OPEN SEALED BIDS FOR MORNINGSIDE HIGHWAY IMPROVEMENT (SECOND BIDDING) B-
4523.
Mayor Suarez: Item number 2, emergency ordinance.
Ms. Hirai: Mr. Mayor, we have a bid opening at 11:00.
Mayor Suarez: Yes, please. Thank you, Commissioner Alonso.
Ms. Hirai: These bid opening concerns sealed bids for Morningside highway
improvements. Second bidding, project B-4523.
Vice Mayor Plummer: Where are we?
Mr. Jorge Fernandez: Item number...
Ms. Hirai: Agenda item 22.
Commissioner Dawkins: Twenty-two?
Ms. Hirai: Twenty-two.
Mayor Suarez: Scheduled for 11:00 for the bid opening. Proceed.
Ms. Hirai: The first bid is from the Miller & Solomon General Contractors,
Inc.
Vice Mayor Plummer: Wait a minute, excuse me, I'm confused. You're speaking
to item two. I don't show it...
Ms. Hirai: No, item 22.
Commissioner Dawkins: Twenty-two, J.L.
Vice Mayor Plummer: Twenty-two, I'm sorry.
Ms. Hirai: Yes, sir. The first bid is from Miller & Solomon General
Contractors, Inc., total bid $2,176,270; second bid is from ManCon, Inc.,
total bid $2,168,238.55; next bid is from Roenca Dade, Inc., total bid
$2,303,352; next bid is from Community Asphalt Corp., total bid $2,356,574.25;
next bid is from Williams Paving Co., total bid $2,455,761; next bid is from
M. Vila & Associates, Inc., total bid $2,167,376; the last bid is from P. J.
Constructors, Inc., total bid $2,422,450. Mr. Mayor, those are all the bids.
Vice Mayor Plummer: Would read the first one again, please.
Commissioner Dawkins: Two,oint, one, seven something, J.L.
Dr. Luis Prieto: I've got that. Two million, one hundred and seventy-six
thousand, two hundred and seven dollars.
Ms. Hirai: First was from Miller & Solomon General Contractors, Inc. and
their bid was $2,176,270.
Vice Mayor Plummer: Seven, zero.
Ms. Hirai: One, seven, six, two, seven, oh.
Vice Mayor Plummer: What was the projected cost of the project?
Dr. Prieto: I think it was $2.2 million dollars.
Vice Mayor Plummer: OK. A motion to accept...
Ms. Hirai: Mr. Vice Mayor, I need a motion to...
Vice Mayor Plummer: A motion to accept the bids and send them to processing
for award.
51 December 6, 1990
IN
Commissioner Dawkins: So move. So moved.
Vice Mayor Plummer: Second.
Mayor Suarez: Call the roll, please.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 90-935
A MOTION TO RECEIVE, OPEN AND READ ALOUD SEALED BIDS
FOR "MORNINGSIDE HIGHWAY IMPROVEMENT" (B-4523);
FURThTR REFERRING SAID BIDS TO THE ADMINISTRATION FOR
PROPER TABULATION OF SAME.
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.
14. (A) DIRECT ADMINISTRATION TO IMPLEMENT IMMEDIATELY PRIOR
DIRECTION FROM THE COMMISSION CODESIGNATING 17 AVENUE (BETWEEN SW
28 AND 34 STREETS) AS: JUAN PABLO DUARTE AVENUE (See Motion 89-
820 adopted 9/14189).
(8) COMMISSIONER ALONSO COMMENTS ON ONGOING PROBLEMS WITH PRIOR
CODESIGNATION OF 22 AVENUE AS: PULASKI AVENUE - (Issue to be
discussed at January meeting).
Commissioner De Yurre: Mr. Mayor, if I may ask of the administration. I have
a problem, we've been getting information that a street that was co -designated
Juan Pablo Duarte, which was 17th Avenue, over a year ago to this date, has
not been actually processed and the community in that area which is
predominantly Dominican, they're upset because they've seen other areas go
ahead, even after this one was designated, or approved by the Commission to be
designated as such, go ahead and be designated officially. And I'd like to
know exactly what the problem is with this situation?
Dr. Luis Prieto: Basically, the problem has been that they have been asked to
go through the lengthy process of go to the Co -designation Committee,
Committee hasn't met for a year, and...
Commissioner De Yurre: Well, the thing is that this was approved by this
Commission before that committee was formed, and because it's taken so long
for the administration to go through the process, now they want to stick them
into that committee which has no business listening to this issue because this
was approved before the committee was formed.
Mr. Prieto: That's right.
Commissioner De Yurre: So...
Mr. Prieto: I recommend that the Commission consider it directly and award it
directly.
Commissioner De Yurre: And we did consider it directly, over a year ago.
Mr. Prieto: Yes. Unfortunately, we were instructed by the Law Department
that we should formally take it to the committee. However, the Commission
52 December 6, 1990
wishes to hear this out today and award it directly, we can, in fact, put up
the signs.
Commissioner De Yurre: OK, now, let me ask you something because maybe I'm
missing something here. I£ you have a directive from this Commission to do
something and then you get information from the City Attorneys office where
it can't be done, isn't there some kind of responsibility to come back to us
and say, listen, we have a problem that we just have to sit back and we hear
about this all of a sudden after a year and three months?
Mr. Jorge Fernandez: I have no idea what Dr. Prieto again is talking about. I
have no recollection on this item, nor myself or anybody in my department
instructing him contrary to City Commission instructions.
Mr. Prieto: Basically, let me explain. The committee was formed by this
Commission.
Commissioner De Yurre: Let's just do this more rapidly. I make a motion that
the designation be carried out as it was already approved by this Commission
back in September 14th, 1989, and that the co -designation take place
immediately. I make that motion.
Commissioner Dawkins: Second.
Commissioner De Yurre: Have a motion and a second.
Mr. Prieto: Well, basically, what I'm being told by Mr. Clark is that the
Commission referred that co -designation to the committee, to the Co -
designation Committee. That Committee has not met and, therefore, this thing
has been in abeyance.
Commissioner De Yurre: Well, my motion is...
Mr. Fernandez: So, if that is the case, then this Commission did that, not
the City Attorney's office.
Mayor Suarez: We can bypass the committee.
Commissioner De Yurre: My motion is to bypass the committee and to go ahead
and proceed with the co -designation.
Mr. Prieto: Fine.
Mayor Suarez: Yes, Commissioner Alonso.
Commissioner Alonso: Yes, I have a comment and it's not in reference to this
street, but 22nd Avenue. And I don't want to take this case, at this time,
but we might have to address the problem of 22nd Avenue. Recently, when we
named the street for Mr. Pulanski, we had a problem that the street was named
before...
Commissioner De Yurre: For somebody else?
Commissioner Alonso: And now we have two names and I had been approached by
the people in the community and it's something that we might have to address
again because at the time that were - once more time we changed the name, we
were not informed by the administration that this was the case, and I think
it's not a very proper way to do things.
Commissioner De Yurre: I don't think we can hyphenate...
Commissioner Alonso: So, at probably in January or so, we might have to
address this problem to correct and not offend one group or the other because
it was not the intention of this Commission at all.
Commissioner De Yurre: OK. Well, we have a motion and a second.
Vice Mayor Plummer: Read me back the motion.
Commissioner Alonso: In January.
53 December 6, 1990
Commissioner De Yurre: The motion is to bypass the committee process due to
the fact that this has been ongoing for well over a year and to go ahead and
as it was directed originally by this Commission, to co -designate that section
of 17th Avenue which is between 28th and 34th Street, Juan Pablo Duarte...
Vice Mayor Plummer: Well, wait a minute, Victor, let me ask this question. I
thought the new policy of this Commission was that we were not going to
designate more than one block.
Commissioner De Yurre: Well, it was but back in 189, we designated the whole
17th Avenue section, so we're cutting it back the six blocks which is, you
know, well within, understanding the whole situation that has been created
with this avenue, I think it's well within what's reasonable to afford... in
fact, it's right on the section that where the Dominican community resides.
Mr. Prieto: You have made exceptions to that rule also. For example, the
case referred to by Dr. Alonso was also a four block area in front of the
Polish American Club, so it's up to the Commission to decide the...
Mayor Suarez: There's some flexibility in that. All right, is it properly
understood at this point what the motion is? Thank you, madam City Clerk. Do
we have a second on it?
Ms. Hirai: Are you seconding....
Mayor Suarez: Seconded by Commissioner Alonso.
Commissioner Alonso: Yes, even though I...
Ms. Hirai: Are you seconding the motion, Commissioner?
Commissioner Alonso: I do, with pleasure, but I believe Commission Dawkins
did before.
Ms. Hirai: All right, thank you, thank you.
Mayor Suarez: OK, call the roll. We've got more than one second. We've got
a third.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 90-936
A RESOLUTION CODESIGNATING NORTHWEST 17TH AVENUE,
BETWEEN NORTHWEST 28TH STREET AND NORTHWEST 34TH
STREET, IN THE CITY OF MIAMI, FLORIDA, AS "JUAN PABLO
DUARTE AVENUE"; FURTHER, INSTRUCTING THE CITY CLERK TO
TRANSMIT A COPY OF THIS RESOLUTION TO ALL AFFECTED
GOVERNMENT AGENCIES.
(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.
54
December 6, 1990
10 4
M
15. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: PROJECT R.A.P.
($100,000) - FROM A STATE GRANT PLUS $10,000 FROM PRIVATE DONATION -
EXECUTE DOCUMENTS.
Mayor Suarez: OK, item two, emergency ordinance. Special revenue fund,
"Project RAP." I'll entertain a motion on the item.
Mr. Odio: These funds are received pursuant to the terms of the City's
agreement with the state. We have to spend it before October - September of
191. This is funds also for medical centers and other projects that...
Mayor Suarez: OK, does that satisfy the requirement of an emergency, City
Attorney?
Mr. Jorge Fernandez: Yes, it does.
Mayor Suarez: Thank you.
Vice Mayor Plummer: Mr. Mayor, just for clarification and I want it
understood, that the work product which they have sent to the state does not
lock this Commission in any way, shape, or form, as long as we meet the main
criteria of what is to be accomplished, this Commission would, if we so
desire, have the opportunity to change any of the priorities. So, I just want
that in the record. I'll move it, Mr. Mayor.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Please read the ordinance.
Vice Mayor Plummer: Miriam, don't leave. Miriam, this is a 4/5ths vote.
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED "PROJECT R.A.P.", APPROPRIATING
RESOURCES TO SAID FUND IN THE AMOUNT OF $110,000
CONSISTING OF A $100,000 STATE LINE ITEM GRANT AND A
$10,000 PRIVATE DONATION; ALSO AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT
CONTRIBUTIONS, GRANTS AND/OR OTHER DONATIONS TO THE
CITY FOR THIS FUND; 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
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Alonso, adopted said ordinance by the following vote:
55
December 6, 1990
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. 10816.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
16. DISCUSS AND TEMPORARILY DEFER PROPOSED SECOND READING ORDINANCE
CONCERNING RESIDENCY REQUIREMENTS FOR CITY OF MIAMI EMPLOYEES (See label
18).
------------------------------------------------------------------------------
Mayor Suarez: Item three. Second reading.
Vice Mayor Plummer: I move to deny.
Commissioner Alonso: Second.
Mayor Suarez: Moved and seconded to,deny.
Commissioner Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
AT THIS POINT, THIS ITEM WAS TEMPORARILY INTERRUPTED.
17. (Continued Discussion) REQUESTED LOANS IN CONNECTION WITH RECENT WYNWOOD
DISTURBANCE - BRIEF STATEMENT BY MR. & MRS. RICARDO PEREZ THANKING THE
COMMISSION FOR ITS GENEROSITY (See labels 12, 21 & 42).
[NOTE: FOLLOWING EACH AND EVERY STATEMENT, PLEASE FIND THE
CORRESPONDING TRANSLATION INTO ENGLISH OR SPANISH,
AS THE CASE MAY BE. SPANISH STATffiHENTS WILL BE
DENOTED BY CAPITAL LETTERS. TRANSLATIONS WERE MADE
BY MR. ODIO.]
Commissioner Dawkins: A statement. Oh, hold it, they would like to say....
Mr. Ricardo Perez: LES VENIMOS A DAR LAS GRACIAS. MUY AGRADECIDOS, PORQUE EN
ALTA MAR CUANDO ESTABAMOS AHOGADOS, USTEDES NOS PUSIERON UN SALVAVIDAS PARA
SEGUIR VIVIENDO. MUCHAS GRACIAS, VICTOR DE YURRE, POR LA PROPUESTA, Y A TODOS
USTEDES MUY AGRADECIDOS. Y QUE EL SENOR LOS BENDIGA.
TRANSLATION: We come back to thank you. We are very grateful. When we were
in high seas and we were drowning, you gave us a life saver. Thank you,
Commissioner De Yurre, and all of you. We're very grateful. Thank you and
the Lord bless you.
Vice Mayor Plummer: And please remember that Commissioner Dawkins wears
sneakers, size 17 1/2.
Commissioner Dawkins: Tell him in Spanish.
Vice Mayor Plummer: Everybody says it's big shoes to fill.
Mayor Suarez: All right.
56 December 6, 1990
Vice Mayor Plummer: Merry Christmas.
18. (A) (Continued Discussion) DENY PROPOSED SECOND READING ORDINANCE
ESTABLISHING RESIDENCY REQUIREMENTS FOR CITY EMPLOYEES.
(B) BRIEF COMMENTS BY REPRESENTATIVES OF THE MIAMI FIRE FIGHTERS'
UNION EXPRESSING CONCERNS ABOUT THE FIRE DEPARTMENT TRAINING
INDIVIDUALS, THEN HAVING THEM MOVE TO ANOTHER JOB WITHIN A BRIEF
TIME SPAN. (See label 16.)
Commissioner Dawkins: Mr. Mayor, I'd like to read a statement concerning the
residency.
Mayor Suarez: Yes, Commissioner Dawkins.
Commissioner Dawkins:
"Miami is a young growing City and as the City expands, there will
be a need for increased services. Also, there will be an increase
in the cost of providing these services. The funds to pay for
these increases must come from some place. Tuesday, November 6th,
1990, the City of Miami residents again demonstrated that they are
violently opposed to any kind of a bond issue. They have
demonstrated to us before that they are also anti -tax increase for
any reason. A message like that places the City of Miami in the
same condition as most other metropolitan cities. And that is,
how to find funds to maintain the present level of services
without increasing taxes. Eight years I have been on this
Commission, I have watched a fund balance of $35,000,000
disappear, and during those eight years, I have watched the City's
administration do a remarkable job juggling funds, attempting to
balance or otherwise cope with the scenario that would show the
availability of funds to meet the cost of providing those
services. I am now saying to the homeowner umbrella groups in
Coconut Grove, Northeast Miami, the Santa Clara-Allapattah-
Comstock area, Overtown, Little Havana, Edison -Liberty City area,
Flagami, people acting for a community together, Edgewater,
Brickell Avenue, the Miami Roads and others, we, the City
Commission cannot do any more to fight prostitution, drug crimes,
truancy, unclean streets, flooding and other elements which make
our City undesirous to live in with the limited funds we have.
With little or no hope of getting any more workers in the
workforce due to budget constraints, and no relief for budget
constraints because of shortfalls in tax revenue, and no
additional revenue because residents won't pass bond issues or
support tax increases, we, the elected officials and the appointed
officials, must find new and innovative methods of obtaining funds
to provide critical services to the City of Miami residents. Here
are some of the examples of how the tax revenue collected from us,
who live in the City, is spent. Police: The Police Department's
budget is $82,000,000. Seventy-three million, six hundred ninety-
one, three hundred dollars is for personnel. This is 90 percent
of eighty-two million dollars."
I have a list of the police salaries I won't read.
"The next is the Fire Department. The Fire Department has a total
budget of $43,706,204. Forty million, nine hundred, ninety-seven
thousand, six hundred and fifty-two dollars is for personnel,
which is 94 percent of the budget. Next, the budgeted amount to
the Solid Waste Department. The Solid Waste Department has a
budget of $29,037,701. Eighteen million, three hundred and
eighty-two dollars is for personnel, which is 63 percent of the
total budget. Next, the budgeted amounts for GSA. GSA has a
budget of $15,861,794. Nine million, three hundred eighty-two
dollars, four hundred seventy-one dollars is for non personnel,
which is 59 percent of the budget. Next is the budgeted amount
for the 'Parks and Recreation. Total budget $15,861,794. Six
million, nine hundred forty-four thousand, four hundred and
seventy-three dollars is 65 percent is for personnel. Those of us
who reside in the City contribute the taxes and fees which
provides the revenue to do the above. The managers should have
57 December 6, 1990
1 4
not delegated the right for any subordinate to grant permission
for City employees to move out of the City of Miami. Those
employees who reside outside the City of Miami, their salaries are
paid by monies collected from those who reside within the City and
those who live out of the City make contributions to the locality
where they reside. Such contributions are ad valorem taxes paid
to the city where they live. Sales tax, gasoline taxes, cigarette
taxes, luxury item taxes are made to the locality in which they
shop and where they live. They contribute to the welfare where
they live by buying food, clothing, et cetera in the area where
they live which keep people employed in the area where they live.
The fourth and most important thing to me is, they make people in
their community feel safe by going home in my official uniform.
The County administration says $47,000,000 will be cut from the
County's budget as per the County administration. Parks, police,
hot meals for the elderly, health care for the poor and veteran
services are on the block. Almost 3,000 jobs will be eliminated.
The City of Miami and metropolitan Dade have both hit that
Constitutional limit of six mills and the cost of providing
critical services continue to increase. We, the citizens of Dade
County pay Dade County taxes also. Yet, services will be reduced
at two primary health care centers located in the City, Coconut
Grove Health Care Center and the Liberty City Health Care Center.
The irony of all of this is that the majority of the City of Miami
employees pay their taxes in Dade County. I have tried to explain
to the taxpayers in this message that their tax dollars are used
to pay workers who, for reasons of their own, choose not to live
in the City of Miami. The citizens in Miami should know that
approximately $142,551,186 of their tax dollars goes to pay a
workforce where the majority do not live in the City."
Mr. Manager, I want you to provide me with projected budget estimates for the
source of estimated revenue, with backup contingencies for each budget. That
is what must be done for that budget if the projected funds do not
materialize. What I'm saying is, what services would be eliminated? I want
those budgets prepared for 1991 - and they are projections - 192 fiscal year,
fiscal year 1992, 1993 and the fiscal year 1993-94. I need to know what must
be done to balance the budget in the years listed. When the one cent sales
tax did not pass, the County Commissioner was aware of what must be done
because the County Manager made them aware of it. I must know what the
options are. The budgets should not, in any way, show sales of any City owned
properties as revenue for balancing the budget. Why? Two reasons. One,
there may not be a market for the real estate and number two, we have no way
of knowing what the fair market value of real estate would be at that time. I
would like to have these budgets in hand so we can discuss it...
Mayor Suarez: I'm sorry, add a number three, if I may.
Commissioner Dawkins: Yes, go right ahead, Mr. Mayor.
Mayor Suarez: Capital assets that are sold, as we have stated to the Manager
before, should not be used to balance the operating budget of the City of
Miami.
Commissioner Dawkins: Um hum. I would like to have these budgets in hand,
although I've been told it's not necessary, so as to discuss them during the
time the City Commission makes an evaluation of the City Manager's
performance. And also to alert the citizens of Miami what's expected. I'm
told that's not needed, but I'll say it anyway.
"There appears to be a consensus that to ask the employees of the
City of Miami to live in the City is inhumane and unfair. But
isn't it just as unfair for me to live in the City and support
employees who do not live here? Those citizens, corporate,
business, and other benefactors, who like to see Miami continue to
allow its residents - employees - to live outside the City, should
start a foundation, raise funds, and establish a super anything
from which the interest could be earmarked for critical services,
services to the elderly, child care, parks, and at cetera. Ladies
and gentlemen, I say to you, if you had a workforce that resided
in the City of Miami, I'm quite sure that when we had the
disturbance the other night, you could have gotten more people on
line than it took to get those people who did not live in the
City."
58 December 6, 1990
4
That's the end of my statement.
Vice Mayor Plummer: Mr. Mayor...
Mayor Suarez: Vice Mayor Plummer.
Vice Mayor Plummer: Let me speak to the issue at hand. I don't disagree with
Commissioner Dawkins' statement in many aspects. This ordinance, as is before
us today, for second reading, I said then and I will say now, that I felt was
unfair. Unfair to the extent that it mandated a person today living outside
of the City or even the County to move back in with "X" number of months. I
totally concur that I would like to see every City employee live in the City
of Miami, but what we're speaking to here today and what I find objectionable
is the fact that a person who could have his life savings - the biggest
purchase he makes in his life is his home - to mandate that individual to move
back within "X" number of months. I think that this City has an obligation,
as Commissioner Dawkins has stated, to encourage, even to give incentives, to
make the employees want to be a part of the community in which they derive
their income and they serve. There is no question in my mind that, for
example, the 50 police cars that are taken home by individuals, one of the
requirements was that they must live in the City of Miami, and I...
Mayor Suarez: And is, and is.
Vice Mayor Plummer: And still is, of course.
Mayor Suarez: Thank you.
Vice Mayor Plummer: And to have those presence in neighborhoods definitely
makes a big difference. It also makes a big difference on the upkeep of the
car because of personal pride. And that personal pride would also be
reflected if an individual lived in this City. I have no opposition to the
statements made by my colleague. I am speaking to the ordinance. The
ordinance would mandate "X" months a person must move back, and that is what I
am opposed to, and I have stated that before. Commissioner Dawkins, I might
give you just a few other things and I'll be quiet. Number one, that which
you quoted of the Police Department of $82 million dollars is only the direct
amount of money they get. They do, in fact, get over a hundred million
dollars with capital improvements and other sources of income. It might also
interest you to know that the total amount of money that is raised in ad
valorem taxation, that the property owner just about covers the operation of
the Police Department in its entirety. The other sources of income -
remember, that only 30 percent of our total budget comes from ad valorem
taxation - this Commission, as you have said, is going to face some damn hard
issues in the very near future. And I think this Commission has taken some
good stands recently. Politically, they're unwise, but we've been having to
say "no", and we've been saying "no," and we're going to have to say it a lot
more and we're going to have to be a lot stronger in emphasizing those things.
Here again, that I don't drag on, my opposition to this ordinance is the fact
that it mandated people to move back into the City.
Mayor Suarez: OK, anything further on the motion? Yes, it's been seconded.
Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 90-937
A MOTION TO DENY PROPOSED SECOND READING ORDINANCE
ESTABLISHING CITY RESIDENCY REQUIREMENTS FOR ALL
PRESENT AND FUTURE CITY EMPLOYEES.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
59 December 6, 1990
10 0
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
NOES: Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
ABSENT: None.
Vice Mayor Plummer: Mr. Mayor, the other...
Commissioner Dawkins: Statement, Mr. Mayor. Let me make a statement, J.L. I
would like for the workforce to know, it is nothing personal in this. This is
my belief.. And to Mr. Charlie Cox, I want to say to you that threatening me
by telling me that this is political suicide doesn't move me. All of you who
you represent do not live in the City. You cannot vote for me or against me.
I am not doing this as a political favor, I'm doing it because I think it's
what's best for the City of Miami. Thank you.
Vice Mayor Plummer: And if it is political suicide, I will bury you for
nothing.
Mayor Suarez: Charlie, let me say one thing as to your union negotiations.
You have discussed with me the fact that you have pending an approval and
we're very close to an agreement with your union, which is the largest one in
City. You have discussed with me the fact that the residency requirement for
either new employees or existing employees could affect that negotiation and
that you would consider it unfair to have that imposition when you've already
accepted a 25 percent lower entry level pay for your employees which, by the
way, I think, was one of the greatest accomplishments of this administration
and I refer to the five years that I've been here, which coincide with those
of the Manager, and many of us who have been here the five years on the
Commission - two others, I guess. Because of that, I would, if this motion
had failed, I would have wanted to delve into what would make sense. I
understand from you and from your counsel, that, in fact, a residency
requirement for all new employees, by whatever means or with whatever
modifications, qualifications, disclaimers, et cetera, is generally
acceptable. I intend, in the future, to hold you to that. In the case of
your particular union, you, as I said, have negotiated in good faith with us.
You have taken this 25 percent entry level reduction to adjust to what we
believe to be the market and fair conditions of the City, strapped, as
Commissioner Dawkins has explained. In the case of some of the other unions,
all I can say is, you better start thinking of entry level pay reductions of
substantial size. I've been told what has been discussed with the fire union
and I'm not sure that I'm ready to agree to that, for myself, and for my vote.
At some point or another, before I ever support any new contracts with the
unions, I want the Manager to know that for my vote, for the new agreements,
they will have to incorporate a requirement that new employees be required to
live in the City. The moment that they're made permanent employees, and
continuously thereafter, and I just want to tell him that for my vote on any
future negotiated agreements. That is where I am. If the motion had failed,
I would delve into all the different modifications that we could do...
Vice Mayor Plummer: Look at the time I saved you.
Mayor Suarez: ...because I think that there are some things to be discussed
as to that ordinance, the way it was drafted. And I just wanted to get a
sense of the Commission, how we all feel and we have that now. I presume that
your basic concerns as to the unions are allayed now, by this vote, although I
don't think that the matter of requiring City employees to live in the City
has ended with this vote and I believe I reflect the majority of the
Commission on that general point. You want to probably to respond. I don't
need to get into arguments right now on my statement, because they don't have
anything personal about any of you. They just deal with future union
negotiations as to contracts that are not in place. By the way, let me say
right away, so I don't confuse anybody because I got the police union back
there. We must be competitive with the best police forces in the entire
country as to entry level pay for that department. So don't let me confuse
that. I believe that very strongly. Charlie, I think you may have wanted to
respond to something that Commissioner Dawkins said. If you do, that's fine.
If you don't, that's even better.
60 December 6, 1990
46 0
Vice Mayor Plummer: Mr. Mayor, while he's making up his mind....
Mayor Suarez: Vice Mayor Plummer.
Vice Mayor Plummer: My mother always taught me that you get more flies with
honey than you do with vinegar. I would hope that we could come about the
realization, as I said...
Mayor Suarez: But my father taught me that occasionally you need a two by
four also, but go ahead.
Vice Mayor Plummer: Well, but your father had how many kids? My father...
Mayor Suarez: Fourteen.
Vice Mayor Plummer: OK, mine only had two, so he didn't need but a one by
one.
Mayor Suarez: And they're big, they're all real big. I'm the little one in
the group.
Vice Mayor Plummer: If you're the little - yes, you're right, you are.
Mentally or physically? I said to the Manager, and I will say again, I think
that what we ought to do is to try to give incentives. For example, if two
employees are standing in line to get a job in this community, in this City,
one is a resident and one is not, we ought to give a 10 percent edge to the
City resident for new entry level. If the two are standing there, they're
equal in terms...
Commissioner De Yurre: Why don't you just give the job to the one that lives
in the City?
Vice Mayor Plummer: Well, here again, I think you can't do that because you
have entrance exams and that score has something to do with it. And if I
think, as we used to give veterans points...
Commissioner De Yurre: Well, don't you give points? Give significant points
for living in the City.
Vice Mayor Plummer: I'm saying, give ten points or five points or something.
Victor, what I'm trying to say, is try to encourage people to want to live in
the City. And I think we can develop incentives for future employment of
these people into this City through incentives of wanting a desire to be a
part of. So, I hope that that is the way that we can come about the
realization of making it a better community.
Mayor Suarez: Anything further from the Commission?
Mr. Odio: Mr. Mayor, I need...
Vice Mayor Plummer: Mr. Mayor, we have one other issue to lay to rest.
Mr. Odio: I needed to clarify something. When you said, any future, you're
not talking about the contracts that we are now in process of negotiating, Mr.
Mayor?
Mayor Suarez: I will discuss that privately with you. I mean everything, but
I gave some hint as to my feelings on one that I know you're very close to
concluding with AFSCME.
Mr. Odio: And Fire.
Mayor Suarez: I didn't speak to that.
Mr. Odio: OK.
Mayor Suarez: I will speak to you privately about that. There's no reason
for us to negotiate in public, Mr. Manager. And, therefore, Shorty, there's
no input needed from you at this point unless you have something that you find
personally offensive about what was said here, which I don't think you would
�. because nothing was said about you or your union that was of any - that would
speak to the motion. The vote was to abrogate the ordinance as stated. I
would sit down, if I were you, forthwith. Yes, Mr. Plummer?
61 December 6, 1990
Vice Mayor Plummer: Mr. Mayor, the other matter that I think needs to be
resolved that is still up in the air and that is take home cars.
Mayor Suarez: You better believe that's up in the air...
Vice Mayor Plummer: Well, I thought we were going to...
Mayor Suarez: ...because I assume that we have a full consensus that no one
is to take home a car who does not live in the City of Miami. Not the
Manager, not the City Clerk, not the lowest level employee in the City of
Miami. Because the police officers can't patrol cars home unless they live in
the City of Miami. That standard should be applied to every City employee.
Vice Mayor Plummer: Mr. Mayor, I have to take exception. Now, you know, I
think that that what you're trying to accomplish, which I concurred with, but
there's got to be some exceptions. Number one...
Mayor Suarez: You're right, I take it back.
Vice Mayor Plummer: ...K-9 of the Police Department.
Mayor Suarez: I was given one exception right off the bat and I think the
Police Department has some people that have unidentified cars, et cetera, that
for whatever reason operationally they need to take them home and they don't
live in the City because up to now, they haven't been required to live in the
City. In those kinds of exceptions, I'm personally interested in
contemplating.
Mr. Odio: Mr. Mayor, if...
Vice Mayor Plummer: Well, I think - excuse me, Mr. Manager, I'm sorry. I
think that this matter, as I said about this other issue, has been up in the
air and people are uncertain of what or why not. And especially, Mr. Mayor,
your statement that it became effective immediately without them having
provisions to make other provisions.
Mr. Odio: If I may...
Mayor Suarez: I was trying to make it effective that afternoon at 5:00 p.m.,
as far as I was concerned. But, you know, I am willing to listen to the rest
of the Commission.
Mr. Odio: Could you please allow me....
Mayor Suarez: Obviously, we rule by consensus here. Yes, Mr. Manager.
Mr. Odio: Could you please allow me, we are in the process right now of
reviewing every 24 car assignment and whether they're necessary or not. I
think I have identified over a hundred and some cars that I can take back. If
you allow me to conclude that process and I'll report back to you in January
what we're going to do.
Vice Mayor Plummer: Absolutely.
Mr. Odio: We're going to take some cars back, no question about that, but...
Mayor Suarez: And car allowances too, because as Vice Mayor Plummer was
saying, if the idea is to create incentives, you can also create disincentives
and you're creating a disincentive by giving someone a car allowance that
doesn't live in the City of Miami. You're creating a disincentive to that
person to live in the City of Miami. And I would eliminate that forthwith and
I'll been voting with that motion if somebody makes it.
Vice Mayor Plummer: Mr. Mayor, just for the record, I was not trying to argue
the issue. It is an un...
Mayor Suarez: I was agreeing with you just now, so, I mean...
Vice Mayor Plummer: It was an uncompleted issue that's hanging up with
certain peoples lives in the balance...
62 December 6, 1990
Mayor Suarez: Absolutely.
Vice Mayor Plummer: ...and I'm just trying to bring it to a conclusion.
Mayor Suarez: Absolutely, I think you do right to do that. OK? Anything
further, Commissioners? If not, we go on to item three.
Mr. Shorty Bryson: Thanks.
Mr. Fernandez: That was item three.
Commissioner Dawkins: Not three, four. I move four.
Mayor Suarez: I guess that was supposed to be a message, Shorty, that it was
not advisable for you to come up to the mike unless you had something
personally...
Mr. Bryson: I had something to add, Mayor. Do you want to hear it or not?
Mayor Suarez: How does it fit into the order of this agenda? Why don't you
try that on the mike. I don't want you to feel that you're not allowed to...
Mr. Bryson: I'm just trying to... Shorty Bryson, Miami Firefighters. I was
just trying to give some input to the Commission that I thought would help you
make a decision for the future. First of all, I like what Commissioner
Plummer said. I don't see a problem with that. But I do see a problem with
police officers and firefighters when there's people just hankering for people
to get certified and get experience as para-medics and firefighters and then
go to other departments. I think you better look at what is going to happen
to our department if we become a training center for two or three years till
people get that experience and move on. That's the input I want to offer you
and I think it's valuable information. It's not a personal thing.
Mayor Suarez: Thank you. I knew that myself and I certainly meant to take
that into account.
Mr. Bryson: Well, maybe the rest of the Commission wasn't so wise, sir.
Mayor Suarez: I presume that you've discussed it with them.
Vice Mayor Plummer: You know, he brings up a good point and it's an old point
in the Police Department. Mr. City Attorney, I guess this question has to be
of you.
Mr. Fernandez: All right.
Vice Mayor Plummer: We make a tremendous investment, and let me use the
Police Department, we make a tremendous investment in putting policemen,
recruits, through training to bring them up to state certification. We saw,
and I'm going to call it like it is, where the school board established a
security system, a security patrol, and they stole, I think, about 29 of our
people by offering them $1,000 more a year than what we offered them. Is that
possible that we could write a contract with these people?
Mr. Fernandez: Yes, I believe state statute already provides that if an
employee leaves after a certain period, leaves before a certain period of
time, there has to be some mends made. I think that's provided by statute.
Whether we can enter into a contract with a trainee or with a student at the
academy, that he must give three, five, six years of service minimum before
he's allowed to leave without having to pay back something...
Mayor Suarez: Like in the service with a...
Mr. Fernandez: That would be terms and conditions of employment and my
suggestion to you would be that that would be another one of those items that,
again, squarely be put on the table and in good faith negotiated with the
unions.
Vice Mayor Plummer: Well, whatever...
Commissioner Dawkins: Mr. Mayor...
63
December 6, 1990
t
n
Vice Mayor Plummer: Whatever it be...
Mayor Suarez: Yes, Commissioner.
Commissioner Dawkins: To Mr. Plummer and the rest of my Commissioners, a
requirement that all new hirees live in the City is just as binding as what
you have now. If I were to sign anything with you and come into any of the
departments and I chose to move, you could not stop me.
Mayor Suarez: Sure, as a precondition of your employment.
Commissioner Dawkins: I would go to court with my legal of my department and
show you where it has been allowed and where you allowed it before, you cannot
stop me from doing it now. So, I mean...
Mayor Suarez: Yes, it's a precondition of your employment. It could be made
a requirement.
Commissioner Dawkins: It's useless.
Mayor Suarez: It could be made a requirement, as a precondition of employment
the day you come to work and thereafter for the rest of your tenure in the
City. In any event, this is something to be discussed with the unions
obviously, I see their attorney coming up to the mike. I don't see where this
is in order and I am going to go ahead and proceed, Vice Mayor Plummer, unless
you had any other inquiries that you were, or musings, or otherwise.
19. (A) SECOND READING ORDINANCE: CREATE CODE CHAPTER 12.1 (CONVENIENCE
STORE SECURITY) — ESTABLISH SECURITY REQUIREMENTS FOR CERTAIN
RETAIL GROCERY STORES, ETC.
(B) COMMENTS BY VICE MAYOR PLUMMER URGING ATTORNEY GENERAL TO IMPOSE
AT LEAST MINIMUM SENTENCING CONCERNING FELONY CHARGES INVOLVING
A HAND GUN.
Mayor Suarez: Item four.
Vice Mayor Plummer: Well, as long as its negotiated...
Commissioner Dawkins: Move it.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded.
Mr. Fernandez: That's my point.
Mayor Suarez: We had the Attorney General conduct hearings here at City Hall.
I appreciate everybody's cooperation in carrying those out and we gave them,
generally, the feelings of our Police Department on this issue. Moved and
seconded. Any discussion? If not, please read the ordinance.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY
TITLE ONLY.
Mayor Suarez: Thank you. Mr. Klausner and Mr. Goldfarb, I know that you are
going to try to get something in the Herald so that then you could charge your
clients for the additional quotes since I didn't let you speak on the mike.
You can do that outside. Call the roll.
Vice Mayor Plummer: Mr. Mayor, you know this is a good thing, but let me tell
you something, Mr. Manager, to me the most important aspect of a deterrent is
not being used in convenience stores. It is my understanding that the law
pertaining to a felony with a hand gun, a mandatory three years, since its
inception and passed by the legislature, has only been issued in about five or
six cases and there are literally hundreds of cases. Now, if we are... are we
going to try to do something, I wonder why that we are not trying to make it
64 December 6, 1990
t -
mandated that, that mandate be mandated. And I would suggest to the City
Attorney and to the City administration that we are honest and sincere about
this and urge the Attorney General to impose that minimum sentencing which has
not, in my understanding being used. And let me tell you something, I think _
it would go a long way to act as a deterrent if, in fact, this was to be in
fact a reality. I offer that for what its worth.
Mayor Suarez: OK, did you state a motion there? Just instructions to the
administration.
Mr. Fernandez: Yes.
Vice Mayor Plummer: Yes.
Mr. Fernandez: Which deals, in essence, with the felony gun...
Vice Mayor Plummer: Exactly.
Mr. Fernandez: Right, exactly. We got that.
Mayor Suarez: Felony murder. Call the roll on the item. Did you read the
ordinance, Mr. City Attorney?
Mr. Fernandez: Yes, I did.
Ms. Hirai: Yes, sir.
AN ORDINANCE -
AN ORDINANCE WITH ATTACHMENT, CREATING CHAPTER 12.1 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "CONVENIENCE STORE SECURITY"; TO PROVIDE FOR
DEFINITIONS; REQUIRING CERTAIN RETAIL GROCERY STORES
TO BE EQUIPPED WITH SPECIFIED SECURITY DEVICES;
REQUIRING CERTAIN LEVELS OF LIGHTING FOR PARKING LOTS;
REQUIRING POSTING OF CERTAIN SIGNS; REQUIRING POSTING
OF SPECIFIED SIGNS; PROHIBITING WINDOW TINTING;
REQUIRING TRAINING FOR CERTAIN EMPLOYEES; PROVIDING
FOR CIVIL FINES; PROVIDING FOR NONCOMPLIANCE FEES;
CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE
AND PROVIDING AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of , was taken up
for its second and final reading by title and adoption. On motion of
Commissioner 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.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10817.
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.
65 December 6, 1990
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20. SECOND READING ORDINANCE: AMEND 10782 - INCREASE APPROPRIATIONS FOR _
PROJECT: FIRE RESCUE SPECIAL SUPPORT EQUIPMENT FY 190 ($50,000 FROM A
STATE DHRS GRANT).
Mayor Suarez: Item five.
Commissioner Dawkins: Move it.
Mayor Suarez: Thank you.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please the ordinance.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY
TITLE ONLY.
Vice Mayor Plummer: For the record, Commission Awareness approves. Whatever
that's worth.
Mayor Suarez: Sir, before we vote, just in case you have something to do with
that item?
Mr. Manny Frias: Yes, going back on the...
Mayor Suarez: Name address, please, sir.
Mr. Frias: Thirty-one, oh two N.W. 2nd Avenue...
Mayor Suarez: OK, and your name.
Mr. Frias: Flamingo TV Man. My name is Manny Frias. My store was ransacked,
Wynwood, and they took everything. They damaged everything.
Mayor Suarez: All right, why don't you just have a seat for a second. Let's
vote on this item which I don't think has anything to do with that.
Vice Mayor Plummer: No.
Mayor Suarez: Call the roll on the item.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
10782, THE CAPITAL IMPROVEMENTS APPROPRIATION
ORDINANCE, ADOPTED SEPTEMBER 27, 1990, BY INCREASING
THE APPROPRIATIONS FOR THE PROJECT ENTITLED "FIRE
RESCUE SPECIAL SUPPORT EQUIPMENT FY'90", PROJECT NO.
313237, IN THE AMOUNT OF $50,000; APPROPRIATING FUNDS
IN SAID AMOUNT FOR SAID PROJECT FROM THE STATE OF
FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE
SERVICES GRANT; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of , was taken up
for its second and final reading by title and adoption. On motion of
Commissioner 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:
66 December 6, 1990
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. 10818.
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.
21. (Continued Discussion) REQUESTED LOANS IN CONNECTION WITH RECENT WYNWOOD
DISTURBANCE - BRIEF COMMENTS BY MR. MANUEL FRIAS - REFER TO CITY MANAGER
(See labels 12, 17 & 42).
Mayor Suarez: Sir, we did take action to instruct the Manager - ah, Manny, we
did take action to instruct the Manager to try to make available low interest
loans to some of the businesses that were looted or ransacked or burned. Why
don't you take the lunch recess time which begins at 12:00 to discuss with him
and his staff possibilities that you may be eligible for such loans also. And
in the afternoon, conceivably the Commission would want to take action. But
first...
Mr. Manny Frias: To who?
Mayor Suarez: The Manager, right here, with the glass. He's now being beaten
up by the unions and their representatives, but he's otherwise generally
available.
Mr. Odio: Yes, sir?
Mayor Suarez: He has business like the other ones that came this morning and
the least we can do is at lunch recess give him a few minutes to discuss with
Frank and you, Mr. Manager, and Tony Crapp, or whoever, the possibility that
they may be eligible for similar loans. If they need any particular impulse
from the Commission, well we can try to do that at that point.
22. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE ACCOUNT: EMS
FIRST AID RESOURCE TRAINING (FY '90) ($25,040 FROM A GRANT-IN-AID FROM
STATE OF FLORIDA HRS).
Mayor Suarez: Item seven.
Mr. Jorge Fernandez: Six, Mr. Mayor.
Commissioner Alonso: Six.
Vice Mayor Plummer: Six.
Commissioner Alonso: Move.
Mayor Suarez: Moved.
Commissioner De Yurre: Second.
Mayor Suarez: Seconded.
Vice Mayor Plummer: For the record, Commission awareness approves.
67 December 6, 1990
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Mayor Suarez: Any discussion? Thank you for the insertion into the record.
Call the roll - read the ordinance. Call the roll.
AN ORDINANCE -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "EMS FIRST AID RESOURCE TRAINING (FY'90)11;
APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE
AMOUNT OF $25,040 FROM A GRANT-IN-AID FROM THE STATE
OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE
SERVICES AS FOLLOWS: $12,546 FROM FY'90-'91 GENERAL
FUND: DEPARTMENT OF FIRE, RESCUE AND INSPECTION
SERVICES, AND $12,512 FROM FY'90-91 IN -KIND MATCH OF
SALARIES, SERVICES AND EQUIPMENT; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of , was taken up
for its second and final reading by title and adoption. On motion of
Commissioner Alonso, seconded by Commissioner De Yurre, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10819.
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.
23. SECOND READING ORDINANCE: AMEND 10782 - INCREASE APPROPRIATION FOR
EXISTING PROJECT (311014): FEDERAL LAW ENFORCEMENT BUILDING (GSA
BUILDING) ($12,000,000).
Mayor Suarez: Item seven.
Commissioner Dawkins: Under discussion before we get...
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Somebody explain to me how we started out with - the
building cost $35,000,000. The building cost $35,000,000 - what we come up
with. Now, you're going to increase the appropriations by twelve million
which gives you thrity-seven, but yet over here you have forty-one million.
Somebody explain that to me.
Ms. Arlene Weintraub: The issuance of the bonds was a $30,000,000 bond
issuance. Now, those bonds were sold prior to us knowing the price of the
project.
Commissioner Dawkins: OK.
Ms. Weintraub: Now, that's established. Out of the thirty million,
$29,710,000 is appropriated. The difference was paid to the underwriters and
it doesn't even come into the City. So, it was twenty-nine seven to add.
Commissioner Dawkins: OK.
68 December b, 1990
-'y \
Ms. Weintraub: Then we have purchased approximately $5,000,000 of land and
now we know that the project is $35,000,000 and we will probably spend
another - and I have exact numbers, of course - another seven hundred thousand
during appraisals, testing, issuance of the documents to get us to this point.
So, forty-one million....
Vice Mayor Plummer: Wait a minute, are you saying that cost alone is
$5,000,000?
Ms. Weintraub: No, I'm saying that we purchased land...
Vice Mayor Plummer: Well, I've heard thirty-five justified. Thirty for the
building and structure and five for the land.
Ms. Weintraub: No, $35,000,000 for the construction, plus five for the land.
The City now owns the land. We, the City, purchased the land at $5,000,000.
And the building construction, design and construction, is $35,000,000.
That's forty million.
Vice Mayor Plummer: OK. So then, the other two million - is it not forty-
two7
Ms. Weintraub: I have forty-one, seven ten. It is slightly over estimated.
If the money is not spent, of course it reverts into the account. There was
additional monies spent on pre -development cost, appraisals, surveys, testing.
Vice Mayor Plummer: Question. Am I still of the opinion that regardless of
what the total cost is including debt service, that the rent that will be paid
will, in fact, cover all. I underline, in capitals "ALL" expenses.
Ms. Weintraub: Yes.
Vice Mayor Plummer: OK. I'm still waiting to hear that we're tax property
off the roll, we're building a building which we don't acquire and I'm still
wondering where in the hell this City gains from this transaction. But
I'll...
Commissioner Dawkins: You get a beautiful building.
Vice Mayor Plummer: Huh?
Commissioner Dawkins: You get a beautiful building.
Vice Mayor Plummer: Beautiful building, all right.
Commissioner Dawkins: You see, and you need to think of this also when they
start talking in terms of building more jails in the City, that you're taking
stuff off the tax rolls and you're not getting taxes.
Mayor Suarez: OK, as to the item, we have a motion and a second.
Vice Mayor Plummer: No, wait a minute, there was one other question in here
that somebody brought to my attention about the penalties for non -completion.
Mayor Suarez: Is that this item or the next one?
Commissioner Dawkins: Yes, that's it.
Ms. Weintraub: The next item.
Vice Mayor Plummer: That's the next item? OK, we'll deal with that at that
time.
Mayor Suarez: Thank you, call the roll on this one, or read the ordinance,
please. Call the roll.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY
TITLE ONLY.
Ms. Hirai: Mr. Mayor, we need a motion on the item.
Mayor Suarez: I thought we had a motion and a second?
69 December 6, 1990
i
Ms. Hirai% No, sir, we don't.
Commissioner Dawkins: I moved it.
Mayor Suarez: Moved.
Vice Mayor Plummer: Second.
Mayor Suarez: Second. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
10782, AS AMENDED, ADOPTED SEPTEMBER 27, 1990, THE
CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, BY
INCREASING THE APPROPRIATION FOR THE EXISTING PROJECT
ENTITLED "FEDERAL LAW ENFORCEMENT BUILDING," PROJECT
NO. 311014, IN THE AMOUNT OF $12,000,000 FROM
ADDITIONAL RENTAL REVENUE BONDS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Passed on its f irst reading by title at the meeting of , was taken up
for its second and final reading by title and adoption. On motion of
Commissioner Dawkins, seconded by Commissioner Plummer, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10820.
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.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: For a beautiful building downtown with no other
attributes, of course.
Commissioner Dawkins: For the same reason stated by J.L. Plummer, yes.
24. AUTHORIZE EXECUTION OF NEGOTIATED AGREEMENT WITH MIAMI CAPITAL
FACILITIES LIMITED - FOR DESIGN AND CONSTRUCTION OF A FEDERAL LAW
ENFORCEMENT BUILDING (GSA BUILDING) ($35,000,000).
Mayor Suarez: Item eight now. The penalties issue becomes fair item of
discussion here.
Vice Mayor Plummer: Mr. Mayor, as the one who originally put into our
ordinances a penalty clause of one -tenth of one percent, I think is the
number, I feel that that is a good ordinance. I think it is something that is
to be strived for but I have to say, in this particular case, unfortunately,
in the bidding process, there was, in fact, a penalty stipulated at $8,500 a
day. I cannot talk out of both sides of my mouth. Those who bid understood
that. They made their bids predicated on that and as far as I'm concerned, to
uphold the integrity of this City and its bidding procedures, we have no
choice, in this particular case...
70 December 6, 1990
Commissioner Dawkins: Are you moving it?
Vice Mayor Plummer: I am moving to reduce...
Commissioner Dawkins: I second.
Vice Mayor Plummer: ...it to that which was specified in the bid.
Mayor Suarez: Moved and seconded. Do you know how you can tell who is here
for a particular item? When a motion like that is made, they're all going
like this, you know.
Mr. Herb Bailey: Adjusting my tie.
Vice Mayor Plummer: Or your jockey shorts.
Mayor Suarez: Call the roll on that and then I want to speak just a scintilla
of time on the issue of what you referred to as an ordinance here. Cali the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-938
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NEGOTIATED AGREEMENT, IN
SUBSTANTIALLY THE FORM ATTACHED, BETWEEN THE CITY OF
MIAMI AND MIAMI CAPITAL FACILITIES, LTD. FOR THE
DESIGN AND CONSTRUCTION OF A FEDERAL LAW ENFORCEMENT
BUILDING IN THE AMOUNT OF $35,000,000 ON A CITY -OWNED
LAND PARCEL LOCATED ON BLOCK 78N BETWEEN NORTHEAST 4TH
AND 5TH STREETS AND NORTHEAST 1ST AND NORTH MIAMI
AVENUES IN MIAMI, FLORIDA; AUTHORIZING COMPENSATION
FOR PROJECT DESIGN AND DEVELOPMENT FROM FUNDS
APPROPRIATED AND AVAILABLE IN CAPITAL PROJECT ACCOUNT
NO. 311014 ENTITLED "FEDERAL LAW ENFORCEMENT BUILDING"
FROM RENTAL REVENUE BOND PROCEEDS, SERIES 1988, AND
FROM THE AUTHORIZED ISSUANCE OF ADDITIONAL RENTAL
REVENUE BONDS; AND FURTHER AUTHORIZING A U.S. GENERAL
SERVICES, DESIGN AND CONSTRUCTION DIVISION, EMPLOYEE
TO ACT AS THE FULL TIME, ON -SITE CITY REPRESENTATIVE
FOR THE PROJECT, IN ACCORDANCE WITH SECTION 1.29 OF
THE ATTACHED AGREEMENT, AT NO COST TO THE CITY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Mr. Manager, do we, in fact, have an ordinance as stated by
Commissioner - Vice Mayor Plummer?
Mr. Odio: Yes, we have a penalty. Whether it's called an ordinance or
whatever...
Mayor Suarez: Can anybody cite to me the ordinance number?
Mr. Odio: I don't believe it's an ordinance. I believe we have...
71 December b, 1990
t
Mayor Suarez: I asked, do we, in fact, have an ordinance? Can I get a
simple, concise, clear answer?
Mr. Odio: It's on the standard contract documents and aspects of the...
Mayor Suarez: The answer is, no ordinance.
Mr. Odio: No, no ordinance.
Mayor Suarez: All right, whatever it is that you've got, would you make it
available for me at lunch time so that I can go over and see if we should
elevate it to the role of an ordinance, to the status of an ordinance.
25. AUTHORIZE ADDITIONAL PURCHASE ON BID 90-91-014 OF 80 POLICE PURSUIT
VEHICLES FROM MAROONE CHEVROLET ($972,560).
Mayor Suarez: Now, we got a couple of emergency things to do here. Mr.
Manager, you mentioned item 13. Ringo, you're going to some deposition or
something and you had a minor item that I think Commissioner Dawkins wants to
resolve.
Mr. Odio: On the police cars, Mr. Mayor, I'd like to put an order out,
right...
Mayor Suarez: And before Susan Candiotti leaves, I would like to say
something briefly, which I never do.
Mr. Odio: I'd like to get this police...
Vice Mayor Plummer: Ho, ho, you just cranked up their camera.
Mayor Suarez: Yes. Very briefly, Miss Candiotti, before you leave. Mr.
Manager.
Mr. Odio: I just wanted to get items 13...
Vice Mayor Plummer: Hold on!
Mr. Odio: Item 13 approved before lunch because I want to place...
Vice Mayor Plummer: Item 13, I move.
Mayor Suarez: Moved.
Commissioner De Yurre: Second.
Mayor Suarez: Seconded. Any discussion? Is it an ordinance?
Vice Mayor Plummer: Yes.
Mr. Jorge Fernandez: No, it's a resolution.
Vice Mayor Plummer: No, resolution.
Commissioner Alonso: It's a resolution.
Mayor Suarez: Call the roll. Vice Mayor likes to propose...
72 December 6, 1990
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-939
A RESOLUTION AUTHORIZING THE ADDITIONAL PURCHASE OF
BID NO. 90-91-014 OF EIGHTY (80) POLICE PURSUIT
VEHICLES FROM MAROONE CHEVROLET, HOLLYWOOD, FLORIDA,
FOR THE DEPARTMENT OF ENVIRONMENTAL SERVICES AND
OPERATIONS MANAGEMENT/FLEET MANAGEMENT DIVISION FOR
USE BY THE POLICE DEPARTMENT IN AN AMOUNT NOT TO
EXCEED $972,560.00, FUNDS FOR THE PURCHASE BEING
AVAILABLE UNDER A 36-MONTH LEASE PURCHASE PLAN WHICH
SHALL BE FINANCED BY THE MANUFACTURER OR OTHER
FINANCIAL INSTITUTION; THE REMAINING FUNDS FOR THIS
PURCHASE BEING AVAILABLE FROM THE DEPARTMENT OF
ENVIRONMENTAL SERVICES AND OPERATIONS MANAGEMENT,
PROJECT NO. 509000, ACCOUNT CODE NO. 420901-880 AND
SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
PURCHASE, SUBJECT TO THE AVAILABILITY OF FUNDS.
(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.
26. GRANT REQUEST FROM RINGO CAYAARD BY ALLOWING PLACEMENT OF CHRISTMAS TREE
ON CITY -OWNED VACANT LOT ON N.W. 62 STREET AND MIAMI AVENUE (with
provisos).
Mayor Suarez: Commissioner Dawkins. On... is this just for the tree that has
to be put on property? Mr. Manager, is there any way to resolve this kind of
thing without having to have Commission approval?
Commissioner Dawkins: No, because somebody has to be responsible for the
insurance and what have you...
Mayor Suarez: Ah, it's some...
Vice Mayor Plummer: Of what tree?
Commissioner Dawkins: They want to put a Christmas tree on...
Vice Mayor Plummer: Not the world's largest.
Mayor Suarez: The holiday tree.
Commissioner De Yurre: Not again.
Commissioner Alonso: No, indeed.
Commissioner Dawkins: On a vacant lot. They're going to clean the lot and
they are also going to see that Miami -Dade help provide students from Miami -
Dade who can get community services for...
73 December 6, 1990
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4`
Vice Mayor Plummer: Where? Where are they placing it?
Commissioner Dawkins: In the ghetto, on 62nd...
Vice Mayor Plummer: Where in the ghetto?
Commissioner De Yurre: Hallissee and...
Vice Mayor Plummer: Where? -Hallissee and Onaway? That's a real ghetto.
Mayor Suarez: Natoma.
Vice Mayor Plummer: To everyone except the tax assessor.
Mr. Ringo Cayaard: In 62nd Street and Miami Avenue.
Commissioner Dawkins: Sixty-second and Miami Avenue.
Vice Mayor Plummer: Where?
Commissioner Alonso: Sixty-second.
Mr. Cayaard: On 62 Miami Avenue.
Commissioner Dawkins: Six two and Miami Avenue.
Mr. Cayaard: On the southeast side.
Vice Mayor Plummer: The only question is, I think, that has to be resolved,
if you're going to have electric to that tree for lights, the insurance has
got to be covered.
Mayor Suarez: I told you he would bring that up.
Mr. Cayaard: I know, but we have the insurance coverage from the Haitian -
American Foundation.
Mayor Suarez: You will take care of it, otherwise the Manager will not
implement the plan. All right?
Commissioner Dawkins: That's right.
Mr. Cayaard: Definitely. The only thing that we might ask is a cheery picker
for one to help us decorate that tree. Otherwise, we'll take care of
everything.
Mayor Suarez: Well, maybe the Manager can provide that if he can. That's at
his discretion. All right, we have a motion on the actual use...
Commissioner Dawkins: Of the lot.
Mayor Suarez: ...permit, whatever it's called.
Commissioner Dawkins: It meets specifications.
Mayor Suarez: Right. So moved.
Vice Mayor Plummer: Scrooge!
Commissioner De Yurre: Second.
Mayor Suarez: Call the roll.
74
December 6, 1990
0 0
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 90-940
A MOTION GRANTING REQUEST THE REQUEST OF THE HAITIAN-
AMERICAN FOUNDATION TO PLACE A CHRISTMAS TREE ON CITY
PROPERTY LOCATED AT APPROXIMATELY 6188 NORTH MIAMI
AVENUE, MIAMI, FLORIDA, SAID GRANT BEING SUBJECT TO
SUCH CONDITIONS AND INSURANCE REQUIREMENTS AS MAY BE
PRESCRIBED BY THE CITY MANAGER.
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.
ABSENT: None.
27. BRIEF COMMENTS FROM MAYOR SUAREZ CORRECTING THE RECORD ON CITED
MISSTATEMENTS BY SUSAN CANDIOTTI DURING RECENTLY -AIRED CHANNEL 6 TV NEWS
SERIES.
Mayor Suarez: Miss Candiotti, you had an interesting series on the City of
Miami, which I don't think would be a wise idea for all of us to get involved.
Vice Mayor Plummer: Well, wait a minute, wait, wait, can I take exception,
you had an interesting series.
Mayor Suarez: Well, you had a series on the City of Miami. Some of the items
are debatable. There are some inaccuracies in it that should be clarified and
I never do this publicly, but I think it's fair to do it publicly. You called
the Parks Director of the Parks, Commissioner. We don't have parks
commissioners at this point that I'm aware of. You called my law firm by the
incorrect name. You missed the last name in the firm.
Vice Mayor Plummer: Was that Suarez?
Mayor Suarez: But, there is something that concerns me - no, Suarez is not in
the name - particularly for two entities that are helping us a great deal and
that participated in the City's efforts to open up links with the Far East.
They have to do with the entities called Japan Airlines and Ricoh. I was
particularly concerned about Ricoh. Either I heard wrong or they were stated
to be two companies that have helped the City in these trips and travels that
Commissioner Dawkins and I, in one case, in the other case, the two of us...
in one case, together, and the other case, just Commissioner Dawkins, to
finalize, as Vice Mayor, to finalize Sister Cities agreement. I could have
sworn... well, you said that they helped in these trips and they contributed
and, God bless them, they sure did and we're so happy that they did. But you
also, I believe, said that they wanted to do business with the City. If
that's what you said, I would strongly recommend that that be corrected.
Neither one of those entities wants to do business with the City. They both
want to do business in the City. God bless them for wanting to do business in
the City. We hope more companies that are interested in doing business in the
City that are from the Far East or any place else, are willing to pay for our
expenses to go to their countries to promote our City so that they will come
here and spend their money. Because if all of that happened, you could
probably have government by private sector at that point. We wouldn't need
any governmental resources at all, at least for promotion. And it's so good,
it's almost too good to be true that that happened. That should have been, by
the way, the conclusion of that particular piece and wasn't. Instead, it was
sort of an incorrect impression given of something improper. But, without
75 December 6, 1990
0
getting into that, if
going to do business
statement and I would
right?
it said, as I believe I heard you say, that they were
with the City, that is a very serious, incorrect
strongly suggest that you correct it forthwith. All
Vice Mayor Plummer: Can I make one correction that was incorrect in the
series? And the statement was made that each Commissioner has a free car and
gas. And, unless Ahearn Plummer is now the funeral home, the owner of the
City of Miami, I am the only Commissioner, I believe, that does not take
advantage of a car and gas. I take the allowance alternative of $400. So, I
think that needs to be corrected. Just for the record, Mr. Mayor, of that
which was in the series relating to possible or tantamount extortion by
Commissioner Plummer for the City's benefit, I would like to announce to you
that happily part of that extortion yesterday of $5,000 from a developer was
given to the Boys Club of the City of Miami and they want to thank this
Commission for that donation. I have nothing else...
Mayor Suarez: Another good news item that was portrayed, possibly, as a bad
news item. Anything else? OK, we're...
Vice Mayor Plummer: What time do we come back?
Commissioner Alonso: Just that you took this road, I just want to make a
brief comment. I am the only Commission elected who has received the less
contributions. My entire campaign had about $96,000 and I make exception of
the big developers who helped me. I don't know where the money went, but
certainly not to my campaign.
Mayor Suarez: OK we should try to meet at 2:00 o'clock.
Vice Mayor Plummer: Two thirty.
Mayor Suarez: Because we've got...
Commissioner Alonso: Two?
Vice Mayor Plummer: Is that tiempo Latino?
Commissioner Dawkins: No, no, no.
Vice Mayor Plummer: Mas o menos.
Mayor Suarez: No, 2:00 o'clock 2:00 o'clock.
Commissioner Dawkins: Two o'clock, period.
Vice Mayor Plummer: Mas of menos?
Mayor Suarez: Well, you seem to be particularly difficult to get back here at
2:00 o'clock, but please, 2:00 o'clock, we reconvene. Thank you.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
12:06 P.M. AND RECONVENED AT 2:07 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT
EXCEPT COMMISSIONER DE YURRE.
76 December 6, 1990
28. FIRST READING ORDINANCE: AMEND 10689 - INCREASE APPROPRIATION FOR
SPECIAL REVENUE FUND: DADE COUNTY EMS GRANT AWARD (FY '89) ($160,046).
Mayor Suarez: It's seven minutes past the appointed time. Commissioner
Dawkins and I would have been ready, but Vice Mayor Plummer's been dillying,
dallying. Otherwise, we would have been precisely on time at 2:00.
Vice Mayor Plummer: Ohhhhhhhhl
Commissioner Dawkins: That's right.
Vice Mayor Plummer: Some mother's children.
Mayor Suarez: OK, this Commission is back in order. It is my intention to go
through...
Vice Mayor Plummer: Wait a minute, we're missing one.
Mayor Suarez: Yes, but we're going to have to go to work without him. If his
assistants would advise us at any time if there's anything that Commissioner
De Yurre would like considered when he's present or reconsidered or however,
we can always get back to it. Thank you. Item nine. We got a planning and
zoning agenda today too and so anything that I can ask...
Vice Mayor Plummer: You're bad....
Mayor Suarez: ...Vice Mayor, to my left. I don't want to say any names by
way of being curt.
Commissioner Dawkins: Move nine.
Mayor Suarez: Item nine has been moved.
Commissioner Dawkins: Move nine.
Vice Mayor Plummer: Second. What is it?
Mayor Suarez: Seconded.
Commissioner Dawkins: We take -getting money, J.L.
Vice Mayor Plummer: You bet I second it.
Mayor Suarez: Moved and seconded. Any discussion?
Vice Mayor Plummer: And, for the record, the Commission Awareness approves.
Mayor Suarez: Thank you. Read the ordinance, please. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
10689, ADOPTED JANUARY 11, 1990, BY INCREASING THE
APPROPRIATION FOR THE SPECIAL REVENUE FUND ENTITLED:
"DADE COUNTY EMS GRANT AWARD (FY'89)", IN THE AMOUNT
OF $160,046; PAID INCREASE CONSISTING OF A $156,046
GRANT FOR FY190 APPORTIONED BY METROPOLITAN DADE
COUNTY FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH
AND REHABILITATIVE SERVICES UNDER THE "FLORIDA
EMERGENCY MEDICAL SERVICES GRANT PROGRAM FOR COUNTIES"
AND $4,000 IN ANTICIPATED INTEREST EARNINGS; AND
FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE
AFOREMENTIONED GRANT AWARD AND ENTER INTO THE
NECESSARY CONTRACT AND/OR AGREEMENT WITH THE FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
AND/OR METROPOLITAN DADE COUNTY IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
77 December 6, 1990
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Was introduced by Commissioner Dawkins and seconded by Commissioner
Plummer and was passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
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.
29. FIRST READING ORDINANCE: AMEND CODE SECTION 50-2 - PROVIDE FOR ENLARGED
BOUNDARIES FOR PROTECTED OR RESTRICTED ANCHORAGE AREAS WITHIN DINNER KEY
MARINA YACHT BASIN AND THE BAYFRONT PROHIBITIVE ANCHORAGE AREA (NAME OF
LATTER BEING CHANGED TO: MIAMARINA BAYFRONT PROHIBITED ANCHORAGE AREA).
Mayor Suarez: Item ten.
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Alonso: I second.
Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY
TITLE ONLY.
Commissioner Dawkins: No input from the you guys on this?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Vice Mayor Plummer: Silence gives consent.
Commissioner Dawkins: OK, thank you. Go right ahead.
Mr. John Brennan: We reviewed it and accepted it.
Mayor Suarez: Thank you. I'm glad you made the clarification. Call the
roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 50-2 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, BY PROVIDING FOR
ENLARGED BOUNDARIES OF THE PROTECTED OR RESTRICTED
ANCHORAGE AREAS WITHIN THE DINNER KEY MARINA YACHT
AREA BASIN AND THE BAYFRONT PROHIBITIVE ANCHORAGE
AREA, WITH THE NAME OF THE LATTER AREA BEING CHANGED
TO "MIAMARINA BAYFRONT PROHIBITED ANCHORAGE AREA";
CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE
AND PROVIDING AN EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Alonso and was passed on its first reading by title by the following vote:
78 December b, 1990
t
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
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.
------------------------------------------------------------------------------
30. FIRST READING ORDINANCE: AMEND 10782 - INCREASE APPROPRIATIONS ($10,000)
TO: BAYFRONT PARK REDEVELOPMENT - PEPPER FOUNTAIN (PROJECT 331306) -
INCREASE APPROPRIATIONS ($225,222.75) TO: BAYFRONT PARK REDEVELOPMENT -
SOUTH END AND CHOPIN PLAZA COURT (CIP 331305) - FROM U.S. CORPS OF
ENGINEERS.
Commissioner Dawkins: Move Plummer's amendment, number eleven.
Vice Mayor Plummer: Second. As your liaison to the Bayfront Park Trust, we
approve.
Commissioner Dawkins: OK.
Vice Mayor Plummer: Read the ordinance of eleven, please.
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
10782, ADOPTED SEPTEMBER 27, 1990, AS AMENDED, THE
CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, BY
REDUCING APPROPRIATIONS TO THE PROJECT ENTITLED
"BAYFRONT PARK REDEVELOPMENT - LIGHT TOWER", CIP
PROJECT NO. 331230, IN THE AMOUNT OF $10,000, AND
INCREASING APPROPRIATIONS TO THE PROJECT ENTITLED
"BAYFRONT PARK REDEVELOPMENT - PEPPER FOUNTAIN",
PROJECT NO. 331306, IN THE SAME AMOUNT OF $10,000; AND
BY INCREASING APPROPRIATIONS TO THE PROJECT ENTITLED
"BAYFRONT PARK REDEVELOPMENT - SOUTH END AND CHOPIN
PLAZA COURT", CIP PROJECT NO. 331305, IN THE AMOUNT OF
$225,222.75, FROM U.S. CORPS OF ENGINEERS; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Plummer and was passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
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.
79
December 6, 1990
0
31. DISCUSS AND TEMPORARILY DEFER PROPOSED RESOLUTION SEEKING AUTHORIZATION
TO EXECUTE AGREEMENT WITH MIAMI CAPITAL DEVELOPMENT, INC. TO MANAGE AND
ADMINISTER A $1,000,000 LITTLE HAVANA BUSINESS DEVELOPMENT PROGRAM (See
label 43).
Mayor Suarez: Item eleven?
Mr. Jorge Fernandez: That was eleven.
Mayor Suarez: Twelve, thank you.
Ms. Hirai: Twelve, sir.
Mayor Suarez: Agreement with Miami Capital Development for administering
their.. .
Mr. Odio: This is the one million dollar Little Havana business development
program.
Vice Mayor Plummer: OK, you know, I am all in favor of this program, but I
think that we, the Commission, need a little input into how this money is
going to be spent. OK? You see, you're turning loose, in effect, a million
dollars, carte blanche. Now, I don't want to get politics involved in it. My
concern, as a political person, is if something goes wrong and I don't know
about it, then I get the blame.
Commissioner Alonso: That's right.
Vice Mayor Plummer: OK? Now, what I'm saying to you, I don't mind approving
this, as long as you don't lock the door on me. And that means that if we,
the Commission, not me individually, want to come back and have some input
into that program, that we should not be barred from doing such because the
minute, as I read it on this agenda, bye bye million dollars, you do what you
want and you don't have to account to this Commission for. Who is this money,
in effect, going to? Who is the Little Havana Business Development?
Commissioner Alonso: It's for the merchants.
Mr. Frank Castaneda: No, no, it will go to Miami Capital for businesses in
the Little Havana area. Commissioners, what I was going to suggest was that
Miami Capital can send to you loans being submitted to the loan committee and
that way, if you have any questions or so, you can raise them before they go
to loan committee or...
Vice Mayor Plummer: What is the maximum that any one merchant can get?
Mr. Tony Crapp: Tony Crapp, Miami Capital Development. One hundred thousand
dollars from this fund which will have to be matched by a private bank
participation. If the individual wants to borrow a $100,000 from this fund,
that's got to be matched, on a two -to -one basis, with private financing.
Vice Mayor Plummer: OK, but what does this Commission...
Mayor Suarez: J.L., do you want to table it for a few minutes, the request of
Commissioner De Yurre's aides? He'll be back in a few minutes.
Vice Mayor Plummer: Oh, sure, sure. I'll be glad to, Mr. Mayor.
Mayor Suarez: The item is tabled for a few minutes. Item twelve...
AT THIS POINT, THIS ITEM WAS TEMPORARILY TABLED.
80 December 6, 1990
32. AUTHORIZE EXECUTION OF CONSENT TO LEASE AGREEMENT AND EXECUTION OF
EASEMENT AGREEMENT WITH METROPOLITAN DADE COUNTY RELATIVE TO ITS
ENCROACHMENT UPON A RIPARIAN AREA OF THE MIAMI RIVER TO CONSTRUCT THE
METROMOVER MIAMI RIVER BRIDGE PIER AND FENDER SYSTEM BY DADE COUNTY.
(See label 33.)
Commissioner Dawkins: Thirteen.
Mayor Suarez: Thirteen.
Vice Mayor Plummer: No, we've done 13 before lunch.
Commissioner Alonso: Yes, we did.
Mayor Suarez: All right, item 14. Thank you, Commissioner. Consent to lease
agreement, metropolitan Dade County, for the encroachment on the riparian
rights....
Vice Mayor Plummer: Mr. Mayor, I'm the one who had this deferred on a couple
of occasions. I'm going to vote for it because it's the only way we can
continue to move forward. But I'm going to express, on the record, so that my
grandchildren didn't think that granddaddy was a bad guy, I am still very
concerned about the operating and maintenance and upkeep and cost of running
this additional. We know that the Peoplemover today and the Peoplemovers and
the buses are requiring $104,000,000 over subsidy. Now, this is going to be
added as something new and with the penny sales tax going down, which was a
great contributor to this, I see this as a not a pink elephant, but about
fourteen rhinoceroses, that I am very concerned about.
Mayor Suarez: Rhinoceri.
Vice Mayor Plummer: Oh, yes, all right, fine, I accept that.
Mayor Suarez: Somebody taught me somewhere along the line.
Vice Mayor Plummer: But, I'm just putting on the record that I am extremely
concerned that the County doesn't have adequate funds today to cover it,
they're $47,000,000 short. This is just going to further compound their
problems.
Commissioner Dawkins: I share Commissioner Plummer's concerns. But I also
would have to say to J.L., in the event that they do have the money, and we
are the ones who prevented them doing this, then they can always point back to
us and say that we would have had it had you cooperated. So, I would
suggest...
Vice Mayor Plummer: Exactly as to why I said I was going to vote for it.
Commissioner Dawkins: OK. OK.
Vice Mayor Plummer: OK?
Commissioner Dawkins: OK.
Vice Mayor Plummer: But, all I'm saying is, I am just extremely concerned in
the future that the situation with the Rapid Transit and the Peoplemover is
going to get worse. I don't see it getting any better, unfortunately.
Mayor Suarez: OK.
Vice Mayor Plummer: Since I was the one that delayed it, I'll move it, Mr.
Mayor.
Mayor Suarez: So moved.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
81 December 6, 1990
Commissioner Dawkins: As your awareness representative, I second it.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-941
A RESOLUTION WITH ATTACHMENTS(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONSENT TO LEASE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, AND EXECUTE AN
EASEMENT AGREEMENT WITH METROPOLITAN DADE COUNTY
RELATIVE TO ITS ENCROACHMENT UPON A RIPARIAN AREA OF
THE MIAMI RIVER, FOR THE CONSTRUCTION OF THE
METROMOVER MIAMI RIVER BRIDGE PIER AND FENDER SYSTEM
BY DADE COUNTY ON THAT PORTION OF MIAMI RIVER BOTTOM
OWNED BY THE STATE OF FLORIDA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
COMMENTS MADE DURING ROLL CALL:
Commissioner Alonso: With regrets, yes.
33. EXECUTE RECIPROCAL GRANTS OF EASEMENT WITH METROPOLITAN DADE COUNTY: (a)
GRANT METRO EASEMENT TO CONSTRUCT / MAINTAIN A GUIDEWAY FOR THE OMNI
EXTENSION OF THE METROMOVER EXTENSION PROJECT; (b) RECEIVE FROM DADE A
CONDITIONALLY PERMANENT EASEMENT ACROSS DADE COUNTY PROPERTY TO
CONSTRUCT / MAINTAIN PROPOSED S.E. 1 AVENUE ROADWAY EXTENSION. (See
label 32.)
Mayor Suarez: Item fifteen.
Mr. Elbert Waters: Fifteen is a companion item, Mr. Mayor, and members of the
Commission.
Mayor Suarez: OK. Grants of easement, reciprocal.
Vice Mayor Plummer: Is this the one that encompasses the station in
Bicentennial Park?
Mr. Waters: No, sir. This particular one is an exchange. The County would
like to have permission for an aerial easement at our municipal railroad site
which is at N.E. llth and N.E. 2nd Avenue. And for the exchange of them
crossing our property there, we're requesting that they provide us with a
reciprocal easement for a future S.E. 1st Avenue extension in the Brickell
area.
Vice Mayor Plummer: We're requesting or we are definitely getting?
Mr. Waters: We will be getting...
Vice Mayor Plummer: OK. In other words, they don't get unless we get in
writing of a future easement. Is that correct? There's a big difference
between requesting something and getting it.
82 December 6, 1990
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Mr. Waters: Would you repeat your question.
Vice Mayor Plummer: My question is, that you say that if we give this
easement, that we will get an easement in the future of theirs.
Mr. Waters: Correct.
Vice Mayor Plummer: OK.
Mr. Waters: We will receive ten times more property.
Vice Mayor Plummer: We got that in writing.
Commissioner Dawkins: Name the property.
Mr. Waters: I'm sorry, you said, name the property?
Commissioner Dawkins: Name the property that would be given to us in exchange
for the easement now.
Mr. Waters: It's an easement that the County has acquired in the Brickell
area. It's between S.E. 6th and 7th Street and right now, it's an easement
that they have acquired. They own the property and what we're doing is, at
some point in time in the future, we believe that there will be a need to
extend S.E. 1st Avenue in that area and, therefore, the County will be
granting us the easement to use that property.
Commissioner Dawkins: OK, all right. I will give you until 6:00 o'clock to
get that in writing where they're giving me the easement now.
Mr. Waters: Well, that's a part of the reciprocal.... it spells out...
Commissioner Dawkins: It spells out what we get in return.
Mr. Waters: Correct.
Commissioner Dawkins: Well, why would you tell me in the future I will get
it?
Mr. Waters: Well, no, you... let me further explain.
Commissioner Dawkins: OK, go right ahead, sir.
Mr. Waters: What I'm saying is, at some point in time in the future, the City
may be in a position to extend S.E. lst Avenue. If that occurs, we will need
land in the Brickell area in order to accommodate that. The land that we're
receiving from the County, that will be land that we will not have to pay for
in essence.
Vice Mayor Plummer: Do we get it whether...
Commissioner Dawkins: All I'm saying to you is, do we receive it the same
time they receive the easement from us?
Mr. Waters: Yes. Yes.
Vice Mayor Plummer: Even if we don't do First Avenue?
Mr. Waters: Even if we don't do First Avenue.
Vice Mayor Plummer: In other words, they will title that property to us...
Commissioner Dawkins: With no restrictions.
Mr. Waters: I'm sorry. There's a condition.
Vice Mayor Plummer: Ah ha! Here comes the "rabbit out of the hat."
Mr. Waters: That we must improve S.E. 1st Avenue within a ten year period.
Vice Mayor Plummer: Nope, move to defer.
83 December 6, 1990
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Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded. Do you want to try to restate, or reargue
that, or do something so that this thing passes?
Mr. Waters: Yes.
Vice Mayor Plummer: Well, you got a 2/2 vote, so why waste our time? At
best, a 2/2 vote.
Mayor Suarez: In the hope that you might see light and reason, etcetera.
Commissioner Dawkins: All he has to do is come back and tell me...
Vice Mayor Plummer: No, Mr. Mayor, you know I don't like this business that
we're definitely going to give it to them and they might give it to us with
restrictions!
Mr. Waters: No, no. We have it.
Joel Maxwell, Esq.: No, may I...
Commissioner Dawkins: Go right ahead, Mr. City Attorney.
Mr. Waters: Go ahead.
Mr. Maxwell: What you have here is a conditional permanent easement that the
County is granting us. They're giving us, if I remember, ten times what they
are conditionally granting to us, ten times the amount of land that we're
giving them.
Vice Mayor Plummer: Yes, but you're saying, if we don't do 1st Avenue,
they're not giving us anything.
Mr. Maxwell: Correct. Well, what happened is, we had...
Vice Mayor Plummer: That's what's the norm around here.
Mr. Maxwell: We have an easement, but we have ten years, in effect to
effectuate construction of that area.
Vice Mayor Plummer: It's not the point.
Mayor Suarez: In ten years, presumably, that if it doesn't make any sense, we
can convince the County that we ought to be released from that obligation.
Vice Mayor Plummer: Fine. We give you the right-of-way, you give us the
right-of-way.
Mayor Suarez: We think it makes good sense to do it.
Commissioner Dawkins: That's right.
Vice Mayor Plummer: That's all.
Mr. Odio: I tell you what, Commissioner. Pass it with no con... we would not
accept... just pass it...
Vice Mayor Plummer: We accept it without conditions. I move the item.
Mayor Suarez: All right, so moved.
Vice Mayor Plummer: I mean, Christmas time for the County, at this
Commission's level, is every meeting.
Commissioner Dawkins: I'll second it.
Mayor Suarez: Seconded.
Commissioner Dawkins: Now, what is the motion that I seconded?
84 December 6, 1990
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Vice Mayor Plummer: The motion is, we approve that which is on the agenda.
We do not accept it and do not pass it if conditions are attached.
Commissioner Dawkins: OK.
Vice Mayor Plummer: You give something, you get something. Now.
Mayor Suarez: So moved and seconded.
Commissioner Dawkins: Yes.
Mayor Suarez: Any discussion? If not, please call the roll.
Vice Mayor Plummer: Would you please call the Fire Chief in here because
speaking of that beautiful big brother, the County and the Fire Department, I
want to talk to him on the record.
Commissioner Dawkins: OK.
Vice Mayor Plummer: On the port.
Commissioner Dawkins: That has nothing to do with this, right?
Vice Mayor Plummer: No, no, no, no, no .... You Cubans know this, huh?
Commissioner Alonso: We do indeed.
Mayor Suarez: Yes. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-942
A RESOLUTION WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE RECIPROCAL GRANTS OF EASEMENTS, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH METROPOLITAN
DADE COUNTY, AS FOLLOWS: GRANTING DADE COUNTY AN
EASEMENT TO -CONSTRUCT AND MAINTAIN A GUIDEWAY FOR THE
OMNI EXTENSION OF THE METROMOVER EXTENSION PROJECT
OVER A PORTION OF THE MIAMI MUNICIPAL RAILWAY RIGHT-
OF-WAY LOCATED ON THE WESTERLY SIDE OF NORTHEAST 2ND
AVENUE BETWEEN NORTHEAST LOTH AND NORTHEAST 11TH
STREETS (APPROXIMATELY 0.02 ACRES); AND RECEIVING FROM
DADE COUNTY IN RETURN A PERMANENT EASEMENT
(APPROXIMATELY 0.237 ACRES) ACROSS DADE COUNTY
PROPERTY TO CONSTRUCT AND MAINTAIN THEREON THE
PROPOSED SOUTHEAST 1ST AVENUE ROADWAY EXTENSION
BETWEEN SOUTHEAST 6TH AND SOUTHEAST 8TH STREETS ALONG
THE GUIDEWAY OF THE BRICKELL METROMOVER EXTENSION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre.
Mr. Waters: Thank you.
Mayor Suarez: Ma'am, in the back. I am sorry, I must have - Commissioner
Dawkins was just asking why you were so far back if you want to take pictures.
When you asked me before about taking pictures, that did not imply that you
couldn't come up here taking from whatever you want. In fact, if you want to
do a real ugly picture, get real close...
85
December 6, 1990
V 0
Vice Mayor Plummer: Don't you say it. Don't you say it.
Mayor Suarez: ...to my left.
Vice Mayor Plummer: She bought...
Mayor Suarez: You're from the L.A. Times. We want to be gracious hosts.
Vice Mayor Plummer: She bought a zoom lens and she wants to test it out,
that's all. Telephoto, I'm sorry.
Mayor Suarez: Take a picture of those three Herald types over there to
preserve for posterity. They're corrupting each other over there.
Commissioner Alonso: And give each one of us a copy.
Mayor Suarez: Yes.
34. ENGAGE PROFESSIONAL SERVICES OF FESTIVAL FLOATS, INC. ($30,000) FOR
CREATION OF AN ANTI -DRUG / CRIME PREVENTION PARADE FLOAT.
Commissioner Dawkins: Sixteen.
Mayor Suarez: Item 16 or 17? Sixteen.
Commissioner Alonso: Sixteen.
Commissioner Dawkins: As your awareness Commissioner, somebody tell me what
parade this float is to be used in?
Commissioner Alonso: And $30,000.
Vice Mayor Plummer: Wait a minute. My notations here say the float to be
used for the Orange Bowl, Three Kings, and the Martin Luther King, and Paseo.
Commissioner Dawkins: Mine doesn't say that.
Vice Mayor Plummer: No, that's my staff wrote in.
Commissioner Dawkins: See, well my staff... you didn't send it to my staff.
Vice Mayor Plummer: Well, send your girls over and we'll show them how to do
it.
Commissioner Dawkins: OK, thank you. Somebody... Now, that I've heard the
editorial, let me hear from the expert.
Lt. Joseph Longueira: Yes, sir, they're going to be in the Orange Bowl
Parade, the Junior Orange Bowl Parade, Paseo, Three Kings, and Martin Luther
King parades, sir.
Vice Mayor Plummer: But, they're getting off free right now.
UNIDENTIFIED SPEAKER: No, they're not.
Vice Mayor Plummer: Yes, they are.
UNIDENTIFIED SPEAKER: No, they're not. They are not, they're paying us.
Vice Mayor Plummer: Of the last contract or the new one?
UNIDENTIFIED SPEAKER: The new one.
Vice Mayor Plummer: No, no, no. Oh, the new one?
UNIDENTIFIED SPEAKER: Yes, for this year. They're not going to...
December 6, 1990
Vice Mayor Plummer: No, no, it was for five years.
Commissioner Dawkins: How many parades was that? -four or five?
Lt. Longueira: That's five that I told you, that I named.
Commissioner Alonso: Why is it so expensive?
Lt. Longueira: To build the float?
Commissioner Alonso: Thirty thousand, that's a lot of money.
UNIDENTIFIED SPEAKER: They're not going to pull the rug....
Vice Mayor Plummer: I'll talk to you tomorrow.
Lt. Longueira: That's to build it, to store it, the driver for all the
parades because they occur at different times and they have to, you know,
assemble it, pieces of it, and this is a rendering of it for this year.
Vice Mayor Plummer: That's a Porsche.
Lt. Longueira: Yes, that's going to be the Porsche we confiscated and we use
asa...
Vice Mayor Plummer: Are you going to have a couple of drug dealers around it
to show who the bad guys are?
Lt. Longueira: They'll be on both sides of the Boulevard.
Mayor Suarez: Please, remember we have someone from the L.A. Times here.
Vice Mayor Plummer: We want to give them something to write about.
Mayor Suarez: All right...
Commissioner Dawkins: Move it.
Mayor Suarez: Moved.
Vice Mayor Plummer: Second.
Mayor Suarez% Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 90-943
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENGAGE
THE PROFESSIONAL SERVICES OF FESTIVAL FLOATS, INC., IN
AN AMOUNT NOT TO EXCEED $30, 000, FOR THE CREATION OF
AN ANTI -DRUG AND CRIME PREVENTION PARADE FLOAT FOR THE
UPCOMING HOLIDAY SEASON, WITH FUNDS ALLOCATED THEREFOR
FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO.
690001, SUCH COSTS HAVING BEEN APPROVED BY THE CHIEF
OF POLICE.
(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 Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT; Commissioner Victor De Yurre
87 December 6, 1990
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35. AUTHORIZE SUPPLEMENTAL FUNDING OF ALTERNATIVES PROGRAM ($65,000).
Mayor Suarez: Item seventeen.
Vice Mayor Plummer: We've already done it with Georgia Ayers.
Commissioner Dawkins: No, we didn't do it.
Commissioner Alonso: No, seventeen.
Commissioner Dawkins: We didn't do it. Move it.
Vice Mayor Plummer: Well, wait a minute, excuse me. My agenda says Georgia
Ayers program.
Commissioner Dawkins: Um hum.
Vice Mayor Plummer: Drug counseling and juvenile court.
Commissioner Dawkins: She was here to discuss it and we told her that she
didn't need it because it was on the agenda. We didn't pass it, J. L.
i
Vice Mayor Plummer: Oh, I'm sorry. Well, now, wait a minute. There was a
'{ second one you had that you offered.
j Commissioner Dawkins: Yes, uh huh. He's going to give me the report on it
1 now, J. L.
Vice Mayor Plummer: OK. You moved it at sixty-five?
Commissioner Dawkins: Yes, moved at sixty-five.
. 4
Vice Mayor Plummer: OK, 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. 90-944
A RESOLUTION WITH ATTACHMENT, AUTHORIZING THE
SUPPLEMENTAL FUNDING OF THE ALTERNATIVES PROGRAM AND
ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED
$65,000; FROM THE LAW ENFORCEMENT TRUST FUND, SUCH
EXPENDITURE HAVING BEEN APPROVED BY THE CHIEF OF
POLICE.
(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 Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Commissioner Dawkins: Joe, would you give me a report on the other two that I
asked you to report back on this afternoon, please?
88
December 6, 1990
Lt. Longueira: Yes, sir, I already met with one of them. We're going to be
getting their budget and the other one, we're trying to contact.
Vice Mayor Plummer: Move eighteen.
-------------------------------------------------------------------------------
36. (A) GRANT REQUEST OF GREATER MIAMI SERVICE CORPS TO RENDER SERVICES
TO PARKS DEPARTMENT IN LIEU OF RENTAL PAYMENTS FOR USE OF CITY -
OWNED BUILDING IN LUMMUS PARK - SUPPORT CONCEPT OF MAKING LUMMUS
PARK'S REDEVELOPMENT A PRIORITY.
(B) DISCUSSION WITH MAYOR PEDRO REBOREDO OF WEST MIAMI CONCERNING
FUNDS AS REWARD MONEY FOR THOSE WHO PROVIDE INFORMATION LEADING
TO ARREST AND CONVICTION OF CRIMINALS WHO SHOOT POLICE
OFFICERS - ESTABLISH $50,000 REWARD FUND (FOR 90 DAYS) FOR THE
ARREST AND CONVICTION OF THE KILLER OF POLICE OFFICER PATRICK
BEHAN OF BROWARD COUNTY.
------------------------------------------------------------------------------
Mayor Suarez: The chair recognizes Mayor Pedro Reborado from West Miami. We
presume you're not here on a private matter, Mayor, but rather on a friendly
matter. Does that mean that friendly money goes into you pocket? -or can we
assume that it is on a public issue?
Vice Mayor Plummer: He's here to barter.
Mayor Pedro Reborado: Public issue.
Mayor Suarez: Thank you.
Mayor Reborado: Good afternoon, Mr. Mayor, Commissioners.
Vice Mayor Plummer: Can I make it simple for you, Mayor?
Mayor Suarez: Yes.
Vice Mayor Plummer: His group, in fact, are the recipients of the building
down here on Douglas Park. In return, they want to, instead of paying rent,
pay us in services for the Parks Department. I think they've already run it
by you. I move it, it's a great bargain for the City.
Commissioner Alonso: Second.
Mayor Suarez: Moved and second.
Commissioner Dawkins: What's the recommendation of the administration?
Mayor Suarez: Recommendation.
Commissioner Alonso: Yes.
Mayor Reborado: May I...
Vice Mayor Plummer: No, they don't like it because they got a budget
constraint.
Mr. Odio: Yes.
Mayor Reborado: But I want something more.
Mr. Odio: No, no.
_1 Vice Mayor Plummer: Wait a minute.
Mr. Odio: Yes and no.
Mayor Reborado: Did you get a copy of the recommendations? May I? Have you
get a chance to look at them?
Vice Mayor Plummer: What was the other thing you want?
89 December 6, 1990
W W
Mayor Reborado: Well, basically, what you said, but in addition, we want to
participate in the redevelopment of Lummus Park, but to explain briefly, I
would like Mr. Clark Cook, Barbara Jordan, the executive director of Greater
Miami Service Corp. to explain better the whole concept of it in just one
second, if I may, please.
Commissioner Dawkins: If you'll return the same courtesy when we come to your
chambers.
Mayor Reborado: Certainly, any time.
Mr. Clark Cook: I promise you I won't take long, Mr. Mayor. My name is Clark
Cook, I'm...
Vice Mayor Plummer: I've heard that before.
Mr. Cook: My name is Clark Cook and I'm the vice president of Florida Power
and Light Company, normally, but today I'm here as the chairman of the Greater
Miami Service Corps. The Greater Miami Service Corps is a group who - I'd
like three of them to stand up right there - it's a group of people...
Vice Mayor Plummer: We don't need a commercial, what do you want?
Mr. Cook: ...between 18 and 23 which we're helping in the public -private
venture. What we'd like is exactly what you said and the second thing, we'd
ask this Commission to put some priority on the redevelopment of Lummus Park.
The long range plan is, perhaps for us, to be a... we want to take part and
want to help the City in the restoration of Lummus Park. And what we'd like
to do in the long run....
Vice Mayor Plummer: Is that OK? Is that OK?
Mr. Cook: ...is end up as that being the headquarters for the Greater Miami
Service Corps.
Vice Mayor Plummer: Move it. Move it.
Commissioner Alonso: Second, yes I...
Mayor Suarez: Moved and seconded and thirded.
Vice Mayor Plummer: Good-bye.
Mayor Suarez: Any discussion? If not, please call the roll.
Vice Mayor Plummer: And don't bring Clark Cook with you any more because
you'll lose.
90 December G, 1990
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-945
A RESOLUTION AMENDING RESOLUTION NO. 90-622 ADOPTED
JULY 26, 1990, RELATED TO THE TRIAL USE OF A PORTION
OF THE GRAND AVENUE PARK RECREATION BUILDING, LOCATED
AT 236 GRAND AVENUE, MIAMI, FLORIDA, BY THE GREATER
MIAMI SERVICE CORPS; BY THEREBY ALLOWING SAID
ORGANIZATION TO PROVIDE IN -KIND SERVICES IN LIEU OF
CASH PAYMENTS AS CONSIDERATION TO THE CITY FOR SAID
USE; AUTHORIZING AND DIRECTING THE ADMINISTRATION TO
MAKE THE RENOVATION OF THE LUMMUS PARK RECREATION
BUILDING A PRIORITY AMONG CAPITAL IMPROVEMENT PROJECTS
FOR THE POTENTIAL RELOCATION OF THE GREATER MIAMI
SERVICE CORPS' JOBS PROGRAM AND DIRECTING THAT SAID
ORGANIZATION BE ALLOWED TO PARTICIPATE IN SAID CAPITAL
IMPROVEMENT PROJECT BY PROVIDING IN -KIND SERVICES AT
LUMMUS PARK WHICH SHALL BE IN ADDITION TO THOSE
PERFORMED AT GRAND AVENUE PARK AS SET FORTH IN SECTION
2 HEREIN.
(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
Mayor Suarez: The City of West Miami seems to be doing quite well as
reflected by your...
Vice Mayor Plummer: Do we get electricity for the fountain?
Mayor Suarez: ...looks here today, suit and everything else, Mayor.
Mayor Reborado: Well, we cannot be as sharp as you folks, but we try to
aim...
Mayor Suarez: Hair style, the whole bit.
Mayor Reborado: Anyway, thank you very much for the help and...
Mayor Suarez: And thank you for your concern about this program.
Mayor Reborado: ...and, you know, you can count with us in any of your public
activities as you have always counted on us. And anyway, thank...
Mayor Suarez: Endorsements, the whole bit?
Mayor Reborado: Anything.
Vice Mayor Plummer: Mr. Mayor, while you're here, on a very serious subject.
Mayor Reborado: Yes, sir.
Vice Mayor Plummer: Which is unusual for me. You came before this Commission
a while back in reference to establishing a fund for...
Mayor Reborado: I was going to talk about it just now. You read my mind. We
have...
Vice Mayor Plummer: I did?
91 December 6, 1990
i
in "Bring to Justice Reward Fund." We're
Mayor Reborado: ...about $22,000
having a meeting coming week to revive this. In other words, revive, to
gather more funds. We're going to have an activity, either late in January or
beginning of February. You all gave $10,000 towards that fund, and we have
about $11,000 from other sources. And, again, that "Bring to Justice Reward
Fund" is a fund that we started in West Miami to have the reward money in case
anybody decides to pull the trigger against a police officer.
Vice Mayor Plummer: Now, let me ask this question, because my burning concern
is what happened in Broward County.
Mayor Reborado: Exactly.
Vice Mayor Plummer: OK? Can that money, could it conceivably be used for the
arrest and conviction up there?
Mayor Reborado: No, sir. We decided, we targeted for Dade County, for our
officers in Dade County. But we have invited and communicated to Chief
Navarro about what we have done over here. But what we need, indeed, is more
publicity about this issue. We're working with Crime Stoppers and that's
precisely what we want to do next week to revive this "Bring to Justice Reward
Fund"," to make it more clearly to delinquents in the area that before they
pull the trigger, they better think twice.
Vice Mayor Plummer: Well, I don't know how my colleagues would feel, and I'm
probably going to be stepping out of line, but they will, as usual, put me in
,i my place. Mr. Manager, Mr. City Attorney, I tell you, you know, what affects
Broward affects Dade, affects Monroe County affects Dade. I know this
Commission in the past has put up a reward fund for the arrest and
conviction...
Mayor Reborado: Exactly.
Vice Mayor Plummer: ...there must be a conviction of a killer. I don't think
it's out of line and I don't think the taxpayers of my City would criticize me
for saying the following. I have no problem with putting up a $50,000 reward
fund for a period of time, 60 days or 90 days, but it's got to have a date
certain, for that individual who killed that policeman in an execution style
in Broward County. Now, Mr. City Attorney...
Mr. Jorge Fernandez: Yes.
Vice Mayor Plummer: ...am I out... I'm not asking you to make a political
decision for me because it's Dade County or Broward County, but I think that
what affects those policemen up there affect my policemen. Am I legally in
the ball park of offering that reward for a 60 day period with arrest and
conviction. And if it's not within the 60 days, the money then comes back to
the City or it's not spent. Is that within the ball park of this City to do
such?
Mr. Fernandez: Yes, it is and the best way to go about that is to enter into
an interlocal agreement with the local authority, in this case, the Broward
Sheriff's Office, or by...
Vice Mayor Plummer: I realize it's not the City of Miami, but, damnit, let me
tell you something, it could just as easily happen to one of ours. And I'll
tell you, that thing to me from the way it's... you know, I don't put...
Mayor Suarez: Do you have any indication that Broward County is unable to do
all of that on their own?
Vice Mayor Plummer: Mr. Mayor, from my understanding, the most that they've
been able to raise is $25,000 and that's not going to do it.
Commissioner Dawkins: Mr. Mayor, I have to agree with J.L. for one reason.
You know, if we are going to show cooperation and one of our officers becomes
murdered, then in time we also could look forward that Broward County would
say, well, let's add $10,000 to what's offered by Dade County - by City of
Miami - which would make the kitty larger and may bring forth what you're
looking for, J.L.
92 December 6, 1990
Vice Mayor Plummeri Let me tell you something, if we get that executioner off
the street for $50,000 to me, it's cheap. Because he could be right here in
Miami killing me or you or one of my policemen.
Mayor Suarez: The legal issue that the City Attorney was going to delve into
is the whole matter of his particular fund that has a bunch of cities
contributing to it, I think.
Mr. Fernandez: Correct.
Mayor Suarez: If you wanted to specify or propose a figure to contribute to
the Broward fund specifically for this particular incident, later the money to
revert back to us...
Vice Mayor Plummer: Oh, no, if the...
Mayor Suarez: Then you could just go ahead...
Vice Mayor Plummer: ...arrest and conviction is not done within the 90 - I'm
sorry - the arrest within 90 days, we don't allocate any funds. That's the
way we've always done it.
Mayor Suarez: Then - yes, then just go ahead and make it into the form of a
motion.
Vice Mayor Plummer: Mr. Mayor, I would with - I don't want to say pleasure -
I don't know what the word is...
Mayor Suarez: We've made quite a few of these ad hoc...
Vice Mayor Plummer: Yes, we have, but they were always City people.
Mayor Suarez: Did they ever....
Vice Mayor Plummer: Only one. Only one.
Mayor Suarez: All right.
Vice Mayor Plummer: Mr. Mayor, I make a motion at this time to our fellow
police officers in Broward County that this City is going to establish a
$50,000 reward for a period of 90 days for the arrest and subsequent
conviction - it must be both - of the killing of the officer in Broward County
for a period not to exceed 90 days. Now, just so there's no - that's my
motion. Just so there's no misunderstanding, if an arrest is not made within
the 90 days, then the City is no longer obligated in any way, shape, or form.
Commissioner Dawkins: I sec...
Vice Mayor Plummer: The arrest could take place within 90 days and the
conviction later, then it would still be an obligation of this City. But I
just don't think we can do any less.
Mr. Fernandez: Mr. Plummer...
Commissioner Dawkins: I second the motion - wait, Mr. City Attorney.
Mr. Fernandez: Yes.
Commissioner Dawkins: And I would hope we would move it because J.L. started
out with 60 days, now he's up to 90 days. If we don't go in a minute, he'll
be to 120 days.
Vice Mayor Plummer: In two minutes, I'll be to six months.
Mayor Reborado: OK, and before you pass that, I will bring up in our
Commission...
Commissioner Dawkins: We got to hear from our City Attorney first...
Mr. Fernandez: Yes, ah...
93 December 6, 1990
Mayor Suarez: I think he meant to say, information leading to the arrest, if
that was not in the motion already.
Mr. Fernandez: No, I have two concerns that need to be addressed. We need to
identify the source of funding for that and I would suggest to Commissioner
Plummer, Vice Mayor Plummer, that we do it by way of an interlocal agreement
with that agency that is primarily responsible...
Vice Mayor Plummer: Well, it's the Broward Sheriff's Department, Nick
Navarro.
Mr. Fernandez: Right, exactly.
Vice Mayor Plummer: Do you need me to call him and get him in touch with you?
Mr. Fernandez: I will do that.
Vice Mayor Plummer: Fine.
Mr. Fernandez: I will do that for you, but I want to make sure that we have
all the proper documentation in place...
Vice Mayor Plummer: Mr. City Attorney, I look to you to make sure that that
is done.
Mr. Fernandez: And the only thing missing...
Vice Mayor Plummer: You know the intent of what this Commission is trying to
accomplish.
Mr. Fernandez: Yes, I do.
Vice Mayor Plummer: OK.
Mr. Fernandez: The only thing missing is that I need to, if this is to be a
resolution, to allocate funds, identify for me a source of funding so that I
can...
Vice Mayor Plummer: Mr. Manager, identify where the funds.
Mr. Odio: LETF.
Vice Mayor Plummer: I need Nick Navarro on the phone. He's in Broward
County.
Mr. Odio: I will ask the - of course, I will have to get the Chief s
approval, LETF.
Vice Mayor Plummer: Well, I just can't, for one minute think that the Chief
j would not want to do such.
Mayor Suarez: Well, he might quarrel with the amount. Are you saying $25,000
to go with their twenty-five, or a total of fifty? Why not twenty-five and
twenty-five?
i Vice Mayor Plummer: Let's either do it or forget it. You got to make it
where somebody is going to be money hungry to turn that dirty mother in. And
that's what I want to do.
Mayor Reborado: If I may say something. In addition to what you're saying, I
will bring up to the "Bring to Justice Reward Fund" board of directors next
week to put our money next to your money.
Mayor Suarez: OK.
Vice Mayor Plummer: That would be great because then you're to $100,000 and
I'm telling you, you're going to tickle somebody.
Mayor Reborado: Well, we got about twenty... close to twenty-five. Whatever
we have, we'll put it there.
94 December 6, 1990
Vice Mayor Plummer: You can get together with me at a later time, Mayor, on
the Commission awareness, as far as the Police Department is concerned and in
our City's involvement.
Mayor Reborado: Certainly will.
Mayor Suarez: All right, that's a motion and second. Any discussion? If
not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-946
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO MAKE FUNDS AVAILABLE IN THE TOTAL AMOUNT OF
$50,000 AS REWARD FOR INFORMATION LEADING UP TO OR
RESULTING IN THE ARREST AND CONVICTION OF THE KILLER
OF PATRICK BEHAN; FURTHER STIPULATING THAT SAID ARREST
MUST TAKE PLACE WITHIN 90 DAYS FROM THE DATE OF THIS
RESOLUTION AND THAT SUCH REWARD SHALL REMAIN IN EFFECT
UNTIL DECEMBER 31, 1991, WITH FUNDS TO BE MADE
AVAILABLE FROM FISCAL YEAR 1991 AND FISCAL YEAR.1992
FUNDS; FURTHER STIPULATING THAT THIS REWARD IS NOT
APPLICABLE TO LAW ENFORCEMENT OFFICERS; ALSO PROVIDING
THAT THE SHERIFF OF BROWARD COUNTY, FLORIDA, SHALL BE
THE OFFICIAL ADMINISTERING THIS REWARD.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Mayor Reborado: Thank you very much.
Mayor Suarez: Thank you, Mayor Reborado. Go do good things in West Miami.
37. DISCUSS AND TEMPORARILY TABLE PROPOSED RESOLUTION ACCEPTING BID FROM
LEADEX CORPORATION ($159,943) (BASE BID) - FOR ALLAPATTAH-COMSTOCK PARK
LIGHTING (SECOND BIDDING) (See label 44).
------------------------------
Mayor Suarez: Item eighteen.
Vice Mayor Plummer: Move it.
Commissioner Dawkins: Second.
Vice Mayor Plummer: Mr. Mayor...
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll. I'm sorry. Alina, which one is the item? Sixty? Table 18. I'm
sorry, item 19.
Commissioner Dawkins: So we table 18 and 12 waiting for Commissioner...
Mayor Suarez: Commissioner De Yurre.
M
December 6, 1990
38. ACCEPT BID: SITE TECH ENGINEERING CORP. - FOR LOCAL DRAINAGE PROJECT, E-
66 ($773,600).
Mayor Suarez:
etcetera.
Item 19, accepting the bid of Site -Tech Engineering Corp.,
Vice Mayor Plummer: Let the record reflect that no one came forth to speak on
this issue and for the reason, I move it.
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. 90-947
A RESOLUTION ACCEPTING THE BID OF SITE TECH
ENGINEERING CORP., IN AN AMOUNT NOT TO EXCEED
$773,600.00, BASE BID OF THE PROPOSAL, FOR LOCAL
DRAINAGE PROJECT, E-66; WITH MONIES THEREFOR ALLOCATED
FROM THE 1991 CAPITAL IMPROVEMENT ORDINANCE NO. 10782,
PROJECT NO. 352275, IN THE AMOUNT OF $773,600.00 TO
COVER THE CONTRACT COST; AND $133,048 TO COVER THE
ESTIMATED EXPENSES, FOR A TOTAL OF $906,648.00; 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 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
39. REAPPOINT CERTAIN INDIVIDUALS TO SERVE AS MEMBERS ON BOARD OF TRUSTEES
OF CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT
TRUST (Reappointed were: Rose Gordon, T. Willard Fair and Betty
McKnight).
------------------------------------------------------------------------------
Mayor Suarez: Item 20.
Vice Mayor Plummer: Who do they recommend?
Commissioner Alonso: Rose Gordon.
Mr. Odio: SEA recommends T. Willard Fair and Betty McKnight and AFSCME has
submitted the name of Rose Gordon.
Commissioner Dawkins: Move those recommendations.
Vice Mayor Plummer: Second.
96
December 6, 1990
Mayor Suarez: So 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. 90-948
A RESOLUTION REAPPOINTING CERTAIN INDIVIDUALS TO SERVE
AS MEMBERS ON THE BOARD OF TRUSTEES OF THE CITY OF
MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST.
(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 Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
40. CONFIRM SELECTION OF INDIVIDUAL TO SERVE AS MEMBER ON BOARD OF TRUSTEES
OF CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT
TRUST (Confirmed was: Pamela Shade).
Mayor Suarez: City of Miami General Employees and Sanitation Employees
Retirement Trust.
Vice Mayor Plummer: Who are they recommend?
Mr. Odio: AFSCME has submitted the name of Pamela Schade for appointment.
Vice Mayor Plummer: Move it.
Commissioner Dawkins: Second.
Mayor Suarez: So moved, seconded. Any discussion? If not, please call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-949
A RESOLUTION SELECTING A MEMBER OF THE BOARD OF
TRUSTEES OF THE CITY OF MIAMI GENERAL EMPLOYEES' AND
SANITATION EMPLOYEES' RETIREMENT TRUST AS PROVIDED FOR
IN CITY CODE SECTION 40-227 FOR A SPECIFIED TERM OF
OFFICE.
(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:
97 December 6, 1990
4 4
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
------------------------------------------------------------------------------
41. (A) APPOINT MEMBERS TO SERVE ON CODE ENFORCEMENT BOARD (Appointed
were: Jack Topley and Mario Pons, Sr. (See label 71A).
(B) BRIEF COMMENTS BY VICE MAYOR PLUMMER REQUESTING THAT THE
INTERNATIONAL TRADE BOARD CONSIDER INCREASING ITS REGULAR
MEMBERS FROM 15 TO 20, AND ITS ALTERNATE MEMBERS FROM 5 TO 10 -
DIRECT CITY ATTORNEY TO DRAFT APPROPRIATE LEGISLATION. (See
label 71.)
Vice Mayor Plummer: Mr. Mayor, I have an appointment to the Code Enforcement
Board and I proffer the name of Mr. Jack Topley. T-O-P-L-E-Y of two...
Mayor Suarez: What item are you doing that under?
Vice Mayor Plummer: Under appointments, boards and committees appointments.
Mayor Suarez: OK. We don't have that on the agenda that I can find, but...
Vice Mayor Plummer: No, but I think this is one that I was lacking, sir.
Mayor Suarez: We will take it...
Commissioner Alonso: Me too.
Mayor Suarez: ...out of courtesy to you. I just wanted to see if I was
missing something here.
Commissioner Alonso: Yes, I also like to appoint Mario Pons, Sr. They've
been asking for these appointments.
Mayor Suarez: OK, great, that's a good one. That's Shenandoah, isn't it?
Great.
Mr. Jorge Fernandez: This is to Code Enforcement Board, correct? And Vice
Mayor Plummer's appointment was who?
Mayor Suarez: Who was your....?
Commissioner Alonso: Commissioner...
Mayor Suarez: J.L., who was your appointment again?
Vice Mayor Plummer: Jack Topley.
Mr. Fernandez: Jack Top...
Mayor Suarez: Topley.
Mr. Fernandez: And there is still one more to be made, if I am not mistaken,
as a result of a resignation.
Commissioner Alonso: I think it's mine, the one I just did.
Mr. Fernandez: It's not on the agenda, but to the better part...
Commissioner Alonso: It's the one I just made, Mario Pons, Sr.
Mr. Fernandez: Oh, OK.
Mayor Suarez: OK...
98 December 6, 1990
Vice Mayor Plummer: To what?
Commissioner Alonso: To the Code Enforcement.
Vice Mayor Plummer: Oh.
Mayor Suarez: Those of you who are from the Roads don't hesitate to submit
names for different board appointments, including Code Enforcement. OK, as to
those two nominees and later let us know if there are any more pending, we
have a motion...
Vice Mayor Plummer: Mr. Mayor, may I have just a couple of seconds of my
colleague's attention? Miller, you especially. There is a request from the
International Trade Board that we have a number of people that would like to
be and have a burning desire to be a part of that board. I will put before
- this Commission the request of the board to increase the ITB from 15 members
to 20 members with 10 alternates instead of five. I see nothing wrong with
it. They are people who want to serve, who have an interest...
Mayor Suarez: The bigger, the better, as far as I'm concerned.
Vice Mayor Plummer: ...and whatever is necessary, through the Legal
Department... is it necessary to have an ordinance?
Mr. Fernandez: Yes, it is and I'll have one prepared for you for next
meeting.
Vice Mayor Plummer: All right, you'll prepare such. Thank you.
Mayor Suarez: All right. Sir, you're back up...
Ms. Hirai: Mr. Mayor...
Mayor Suarez: Yes?
Ms. Hirai: ...we need a motion on the prior two appointments.
Mayor Suarez: Yes, we need a motion on it.
Commissioner Alonso: Yes, I move.
Mayor Suarez: Moved. Somebody second.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Thank you, call the roll.
Commissioner Dawkins: Second.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 90-950
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
AS A MEMBER AND AN ALTERNATE MEMBER OF THE CODE
ENFORCEMENT BOARD OF THE CITY OF MIAMI, FLORIDA.
(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:
99 December 6, 1990
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
42. (Continued Discussion) REQUESTED LOANS IN CONNECTION WITH RECENT WYNWOOD
DISTURBANCE - BRIEF COMMENTS CONCERNING MR. MANUEL FRIAS'S REQUEST FOR
ASSISTANCE (See labels 12, 17 & 21).
------------------------------------------------------------------------------
Mayor Suarez: Sir, you're up at the microphone again. I gather, Mr. Manager,
that whatever transpired during the recess was not sufficient to satisfy him
and, Frank, Tony.
Mr. Frank Castaneda: We've been talking with Tony and what we are suggesting
is to go through the normal process for Miami Capital and we're looking at a
$15,000 loan.
Mayor Suarez: It sounds like - I don't want to say you've been pre -approved
or anything, but it sounds like you're qualify and, I guess this Commission
could say, have a resolution that we think that you're in the correct area,
certainly. That's self evident. And the other criteria and the other
qualifications, they will review and they've even given you an idea of the
amount of money involved so you're in pretty good shape.
Mr. Manny Frias: OK.
Mayor Suarez: If you have any other problems, come back.
Mr. Frias: No, I'm just saying about this, you know, City Commission directs
to make that loan.
Mayor Suarez: No wonder you're in business and make money. You want the
specific... I guess for...
Commissioner Alonso: The wording sounds familiar.
Mayor Suarez: Yes, it sounds like we've done that recently with other
matters. I guess we're all so familiar with the bigger stores that everybody
was willing to do that. Does any Commissioner have any problem with that? I
mean, it's just sort of...
INAUDIBLE COMMENTS NOT ENTERED INTO THE RECORD.
Mayor Suarez: ...elementary fairness, I suppose. I don't see what difference
would be. Are we aware of this having been the result of the same kinds of...
Mr. Castaneda: Well, they were right next door to it. I think the difference
between the two businesses is one, that he's in the repair business and the
other one needs the supplies to sell. I think he can go through the normal
process and if there's a problem, obviously he can come back to the City
Commission.
Commissioner De Yurre: So, it's not a matter of inventory acquisition?
Mr. Castaneda: He's in the repair business of televisions and VCRs.
Mayor Suarez: By the way, we have...
Commissioner De Yurre: OK, so it's a matter of repairing the actual
structure? Is that the damage, or what kind of damage do we have? OK.
Mr. Tony Crapp: Commissioner De Yurre, the nature of the...
Mayor Suarez: Is it equipment inventory or structural repairs?
100 December 6, 1990
Mr. Crapp: No, the nature of the business, he's in the electronics repair
business. So, what his needs are, are to restore or replace the equipment
that he may have lost during the disturbance.
Commissioner De Yurre: Equipment, as far as tools in order to repair?
Mr. Crapp: Exactly.
Mr. Frias: Yes.
Commissioner De Yurre: Not to replace what he was repairing.
Mr. Crapp: That's correct.
Commissioner De Yurre: Right?
Mr. Frias: That's correct.
Mr. Crapp: That's correct.
Commissioner De Yurre: So how much is that?
Commissioner Alonso: Fifteen.
Mr. Crapp: What we're talking about when we discussed with him, allowing in
the area of $15,000.
Commissioner De Yurre: Does the administration have any problem with that?
OK, fine.
Commissioner Alonso: No, we say it's fine.
Commissioner De Yurre: Great.
Mr. Frias: OK.
Commissioner De Yurre: Do we need a motion? OK, wonderful.
Mayor Suarez: Not only they don't need it, but they don't prefer it. But, if
you have any problems, sir, let us know. Certainly, the other cases we took
had a fairly complete discussion so that this Commission would be convinced
that it was something that we ought to give a direct instruction in this
particular case we prefer to just follow the normal channels. But there's
always a right to appeal here, if you want to look at it that way. OK?
Mr. Frias: OK, thanks.
Mayor Suarez: Thank you, sir.
Commissioner De Yurre: OK.
101 December 6, 1990
s
0
43. (Continued Discussion) EXECUTE AGREEMENT WITH MIAMI CAPITAL DEVELOPMENT,
INC. TO MANAGE AND ADMINISTER A $1,000,000 LITTLE HAVANA BUSINESS
DEVELOPMENT PROGRAM (See label 31).
Mayor Suarez: Item 23.
Mr. Odio: Mayor, Commissioner De Yurre's here now, so could take 12 and...
Commissioner Dawkins: Twelve and 18.
Mayor Suarez: Twelve and 18. We had just begun the discussion of item 12
which was - what was it?
Commissioner Alonso: The Miami Capital.
Mr. Odio: One million dollars to Miami Capital for Little Havana development.
Mayor Suarez: Right, Miami Capital budget, right?
Commissioner Alonso: Yes, the concern that Commissioner Plummer had was that
we were giving them too much freedom, and we were losing any kind of
inputting, to whom it will go.
Mayor Suarez: He wanted to have like a last - at least disclosure. He never
clarified if he wanted to have ultimate approval. I would hope that we don't
always have to bring him back to the Commission. It was also specified...
3! Commissioner De Yurre: Well, isn't there going to be a loan committee, sort
of process here?
Commissioner Alonso: Should be.
Mayor Suarez: I presume so. And a maximum was set...
Commissioner De Yurre: Isn't there a loan committee process?
{ Mr. Castaneda: Yes, there is, Commissioner.
Commissioner De Yurre: Which is usually what happens when we have these kinds
of programs.
Mayor Suarez: What Vice Mayor Plummer's suggested was a disclosure similar
to, I guess, from what I remember him saying, to what we have for settlements
of City Attorney matters that they just disclose to us in case anyone of us
wants to be informed on a loan -by -loan basis. I guess it gives us an idea
what direction the agency is going in and whether the program is working
and...
Commissioner De Yurre: How it's going. Well, I got no problem with that. Is
that going to cut back into the time factor to a great degree or....
Mayor Suarez: It shouldn't. We're just be like the loan committee, you send
us copies of everything.
Mr. Tony Crapp: That's right, I send you copies of the items that are going
to go to the loan committee, and I will also be very pleased to report to you
on what happens once the loan committee meets and their decision on any loans.
Commissioner De Yurre: That's fine. That's no problem with that.
Mayor Suarez: Anything further on it?
Commissioner De Yurre: No.
Mayor Suarez: If not, I'll entertain a motion.
motion and second.
Commissioner De Yurre: Move it.
I think we'd actually had a
102 December 6, 1990
Commissioner Alonso: We actually had a motion.
Mayor Suarez: But, if you want to remove it just for clarities sake.
Commissioner De Yurre: Well, I'll move it.
Mayor Suarez: Commissioner?
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 90-951
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH MIAMI CAPITAL DEVELOPMENT, INC. (MCDI),
FOR THE PURPOSE OF MANAGING AND ADMINISTERING A
$1,000,000 LITTLE HAVANA BUSINESS DEVELOPMENT PROGRAM;
REALLOCATING $200,000 IN MCDI'S SIXTEENTH (16TH) YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT REVOLVING LOAN FUND
PROGRAM FOR SAID LITTLE HAVANA BUSINESS DEVELOPMENT
PROGRAM; FURTHER ALLOCATING AN ADDITIONAL $800,000
FROM THE ECONOMIC DEVELOPMENT/PHYSICAL IMPROVEMENT
PROJECT POOL FUND (MINI-UDAG) FOR SAID LITTLE HAVANA
BUSINESS DEVELOPMENT 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
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor J. L. Plummer, Jr.
* - Although absent at the time of roll call, Vice Mayor Plummer wished to be
shown as voting with the motion
Mayor Suarez: It did not involve an ordinance, did it, Mr. City Attorney?
Mr. Fernandez: No.
0
44.
(A) (Continued Discussion) ACCEPT BID: LEADEX CORPORATION
($159,943)(BASE BID) - FOR ALLAPATTAH-COM STOCK PARK LIGHTING
(SECOND BIDDING) (See label 37).
(B) DIRECT CITY ATTORNEY TO BRING BACK APPROPRIATE LEGISLATION
ESTABLISHING CRITERIA WHICH WOULD REQUIRE BIDDERS TO DISCLOSE
ETHNIC BREAKDOWNS OF THEIR WORKFORCES IN AN EFFORT TO IDENTIFY
MINORITIES - TO BE PATTERNED AFTER A SIMILAR RECENT RESOLUTION
PASSED BY METROPOLITAN DADE COUNTY.
(C) BRIEF COMMENTS BY CITY ATTORNEY'S OFFICE CONCERNING AN ORDINANCE
PASSED ON FIRST READING BY METROPOLITAN DADE COUNTY CONSTITUTING
A REQUIREMENT FOR OVERALL HOURLY PAY RATES OF EACH CONTRACTOR OR
SUBCONTRACTOR TO INCLUDE HOSPITALIZATION BENEFITS - CITY
ATTORNEY DIRECTED TO DRAFT SIMILAR ORDINANCE FOR THE CITY -
DIRECT ADMINISTRATION TO ATTACH A COST FIGURE.
(D) DIRECT ADMINISTRATION TO PREPARE A COST FIGURE, FOR COMPARISON
PURPOSES, IF THE CITY WERE TO PAY FOR LABORERS WHO WORK FOR
OUTSIDE CONTRACTORS. (See label 37.)
Mayor Suarez: Item eighteen, Commissioner, we also held up on that.
Accepting the bid of Leadex Corporation, Miami Hispanic contractor, $159,000,
Allapattah-Comstock Park.
Mr. Odio: This is the lights.
Commissioner De Yurre: Now, when this bid went out, did it specify that you
wanted somebody that was involved specifically in this type of work? And does
this company specifically and only deal in this type of work?
Dr. Luis Prieto: No, they do other types of electrical and illumination type
of work.
Commissioner De Yurre: So, in fact then, they're not...
Mr. Prieto: They're specialists in the type of work being done, but they do
other things too.
Commissioner De Yurre: But, when you specify on the Request for Proposal, did
you request a company that dealt specifically in this type of work?
Mr. Prieto: Yes, specialist in lighting.
Commissioner De Yurre: OK, specialist in this. And then, we had a company
respond that does this, among other things.
Mr. Prieto: Yes, sir.
Commissioner De Yurre: I'm not saying that they're not good at doing this,
but that they also do other things.
Mr. Prieto: Yes, sir. We have, as you can see, we had five bidders, yes.
And they do other type of work besides just this alone.
Commissioner De Yurre: It is my understanding that another bid that came in,
which is a minority vendor, came in at a figure approximately the same amount,
and that's all they do specifically.
Mr. Prieto: Horsepower Electric?
Commissioner De Yurre: I don't know.
Mr. Prieto: That could well be the case, sir. We have to take the low
bidder. And the lowest responsible bidder, we believe that Leadex is the
lowest responsible bidder.
Commissioner De Yurre: OK, my question is whether, you know...
Vice Mayor Plummer: Yes.
104 December 6, 1990
Commissioner De Yurre: ...the fact, and when the bid was made, whether it
asked for a specific that it be a company that dealt, you know, a hundred
percent with this type of work.
Mr. Prieto: No, we didn't say a hundred percent. We said that would be
competent to do this type of work.
Commissioner De Yurre: OK. OK, fine.
Mayor Suarez: OK, as to item 18, I'll entertain a motion. I understand when
you say, "OK, fine", to be a motion.
Commissioner De Yurre: No, I say....
Mayor Suarez: Close enough, and so I'll entertain a second.
Commissioner Dawkins: Second.
Mayor Suarez: Thank you. Any discussion? If not, please call the roll.
Does anyone wish to be heard against the item? Let the record reflect no one
stepped forward. Probably no one understood what we were doing, so why would
they step forward? Call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 90-952
A RESOLUTION ACCEPTING THE BID OF LEADEX CORPORATION,
IN AN AMOUNT NOT TO EXCEED $159,943.00, BASE BID OF
THE PROPOSAL, FOR ALLAPATTAH-COMSTOCK PARK -LIGHTING
(SECOND BIDDING); WITH MONIES THEREFOR ALLOCATED FROM
THE 1991 CAPITAL IMPROVEMENT ORDINANCE NO. 10782,
PROJECT NO. 331309, IN THE AMOUNT OF $159,943.00 TO
COVER THE CONTRACT COST; AND $37,472.00 TO COVER THE
ESTIMATED EXPENSES, FOR A TOTAL OF $197,415.00; 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 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 Dawkins: Mr. Mayor, along those same lines...
Mayor Suarez: Yes?
Vice Mayor Plummer: Did we award 22?
Commissioner Dawkins: ...I asked the City Attorney, Assistant City
Attorney...
Vice Mayor Plummer: Did we do 22?
Commissioner Dawkins: ...if she would bring something back this afternoon.
I'd like to do the same thing along the lines that they did in the County and
that is, establish a criteria where all minorities have to be identified on
all bids. So, will you tell us what the County did, Mrs. Kierson?
Linda Kierson, Esq.: Yes.
105 December 6, 1990
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Commissioner Dawkins: So that I can ask the Manager to bring it back for me
at the next meeting.
Ms. Kierson: On Tuesday, Dade County passed an ordinance which, in effect,
requires any contractor receiving a contract valued over $10,000 to fully
disclose...
INAUDIBLE COMMENTS NOT ENTERED IN THE PUBLIC RECORD.
Ms. Hirai: It is on?
Ms. Kierson: It is on.
Vice Mayor Plummer: Pull it closer to you.
Ms. Hirai: Thank you.
Ms. Kierson: To fully disclose the ethnic breakdown of all of its employees.
This is not necessarily as a imposition in terms of an affirmative action
program, but it's an effort for the County to determine the labor force of
minorities. That was passed by the County and the Commissioner wants a
similar ordinance drafted for the City of Miami.
Commissioner Dawkins: OK, will you draft it and circulate it to each
Commissioner and get input and if there is a consensus, then I'd like for it
to go on the agenda for the January meeting. If there's not a consensus for
it, don't put it on.
Commissioner De Yurre: How are we going to know if it's a consensus?
Commissioner Dawkins: Because she will visit each one of us.
Commissioner De Yurre: Yeah? That's not in violation of Sunshine Law in any
way?
Vice Mayor Plummer: Because she can count to more than three.
Commissioner Dawkins: No, no....
Commissioner De Yurre: I just want to make sure because...
Vice Mayor Plummer: Can you count to three?
Commissioner Dawkins: I don't know, I'm not a lawyer. I don't have nothing
to lose.
Commissioner De Yurre: And no speak English, huh?
Vice Mayor Plummer: No say nada.
Mayor Suarez: Follow that general procedure subject to the dictates of the
Sunshine Law. OK, anything else?
Ms. Kierson: Well, the second ordinance that was passed on first reading was
a requirement in overall per rate - per hourly rate be paid to each
contractor, or each subcontractor in a particular field to include
hospitalization benefits....
Vice Mayor Plummer: Uh uh.
Ms. Kierson: Well, I'm just reading from the County's ordinance that was
passed on first reading.
i Commissioner Dawkins: OK, uh huh, well if you bring, I mean, draw something
up, discuss it with each one of us, and when you draw ours up, Mrs. Kierson,
1` make sure that you spell out how this money for insurance will be secured and
how an individual can get his money out if he quits.
i
Mayor Suarez: And, you can bring the matter up to the Commission. If one
F Commissioner wants to, or if more than one wants to, obviously. So, you need
I not get into the issue of exactly whether you have consensus or not. But, if
106 December 6, 1990
6 9
somebody has strong objections, then they'll voice it at the appropriate time.
That's what...
Ms. Kierson: I'll draft both ordinances.
Mayor Suarez: Yes, that's what this process is all about.
Commissioner Dawkins: OK, thank you, Mr. Mayor.
Vice Mayor Plummer: Wait, wait, wait, wait. Should there be a consensus on
either issue, before that matter comes back before this Commission, I want it
subjected to the City Manager to establish a cost figure of what it would cost
if we passed such an issue.
Mayor Suarez: Absolutely.
Commissioner Dawkins: What it would cost whom?
Vice Mayor Plummer: It would cost the taxpayers of this City.
Commissioner Dawkins: How?
Vice Mayor Plummer: My understanding - and I'm just talking off the top of my
head...
Commissioner Dawkins: As you usually do.
Vice Mayor Plummer: As usual, which is never wrong. That ordinance proposed
before the County could, conceivably cost the County $75,000,000 more than
what they have projected for the projects that were on the board. Now, I know
ours would not be that radical, but I would like to say that the Manager if,
in fact, it comes back before this Commission, will have to come back with a
cost figure.
Commissioner Dawkins: OK. Also, Mr. Manager, bring back, so that I can have
a comparison for my fellow Commissioner, what it cost us taxpayers to pick up
the cost for laborers who work for outside contractors and when their wives
have babies and they have no insurance, and other illnesses, and they go to
the County and the Dade County community has to pick up the cost, bring that
so that I can compare it.
Vice Mayor Plummer: Well, Commissioner, don't let the record go away that J.
L. Plummer is anti -hospitalization.
Commissioner Dawkins: Oh, no, don't you let it go away. I don't have to run.
This is your year.
Vice Mayor Plummer: But the thing that I want to bring out is the very thing
that they've scheduled a special session in Tallahassee for, that most
employees - not most, all - are mandated, if they have more than three
employees, to have Workmens Compensation.
Commissioner Dawkins: But Workmens Compensation does not pay...
Vice Mayor Plummer: Now, realizing that a pregnancy is not job related...
Commissioner Dawkins: All right, thank you.
Vice Mayor Plummer: ...I understand what you're saying.
Commissioner Dawkins: OK, all right.
Vice Mayor Plummer: But, let me tell you something. As a small businessman,
if anyone knows what this Workmens Comp bill is doing to small businesses,
that special session of the legislature is way past due. They are killing the
small businesses. So, I'm just saying that we need all of the figures and all
of the understanding.
Commissioner Dawkins: We do, before we can make an intelligent decision.
You're correct.
107 December 6, 1990
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Mayor Suarez: OK, with all of those understandings... there wasn't a
resolution, just a request for an ordinance to be presented back. OK.
Vice Mayor Plummer: Correct.
Commissioner Dawkins: Oh, yes, thank you, Mr. Mayor.
Mayor Suarez: Thank you.
45. ACCEPT COMPLETED WORK: MIRI CONSTRUCTION, INC. - FOR DOWNTOWN HIGHWAY
IMPROVEMENT - PHASE II (District H-4521).
Vice Mayor Plummer: Move 23.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded. Does anyone wish to be heard on item 23?
Let the record reflect that no one stepped forward. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-953
A RESOLUTION ACCEPTING THE COMPLETED WORK OF MIRI
CONSTRUCTION, INC., FOR DOWNTOWN HIGHWAY IMPROVEMENT -
PHASE II IN DOWNTOWN HIGHWAY IMPROVEMENT DISTRICT -
PHASE II H-4521, CAPITAL IMPROVEMENT PROGRAM PROJECT
NO. 341115.
(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.
108 December 6, 1990
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46. ACCEPT COMPLETED WORK: RUSSELL, INC. - FOR S.W. 16 STREET HIGHWAY
IMPROVEMENT (District H-4488).
------------------------------------------------------
Vice Mayor Plummer: Move 24.
Commissioner Dawkins: Second.
Mayor Suarez: Twenty-four has been moved and seconded. Any discussion? Does
anyone wish to be heard on item 24? If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-954
A RESOLUTION ACCEPTING THE COMPLETED WORK OF RUSSELL,
INC. FOR S.W. 16 STREET HIGHWAY IMPROVEMENT IN S.W. 16
STREET HIGHWAY IMPROVEMENT DISTRICT H-4488, CAPITAL
IMPROVEMENT PROGRAM PROJECT NO. 341094
(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.
47. ACCEPT COMPLETED WORK: M. VILA AND ASSOCIATES, INC. - FOR EAST LITTLE
HAVANA HIGHWAY IMPROVEMENT - PHASE II (District H-4528).
Vice Mayor Plummer: Move 25.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded. Does anyone wish to be heard on item 25?
Let the record reflect that no one stepped forward. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-955
A RESOLUTION ACCEPTING THE COMPLETED WORK OF M. VILA
AND ASSOCIATES, INC., FOR EAST LITTLE HAVANA HIGHWAY
IMPROVEMENT - PHASE II IN EAST LITTLE HAVANA HIGHWAY
IMPROVEMENT DISTRICT - PHASE II H-4528, CAPITAL
IMPROVEMENT PROGRAM PROJECT NO. 341124.
(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:
109 December 6, 1990
0
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.
48. AUTHORIZE INCREASE IN CONTRACT WITH PINO-FONTICIELLA AND ASSOCIATES,
INC. - FOR GRAND AVENUE PARK - BUILDING RENOVATION (CIP 331342) - RATIFY
MANAGER'S FINDING OF EMERGENCY.
Mayor Suarez: Item 26.
Vice Mayor Plummer: No one wants to speak on it, I move it.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? Does anyone wish to be heard on it?
Let the record reflect no one stepped forward. Call the roll, please.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-956
A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT
AMOUNT OF $25,000.00 IN THE CONTRACT BETWEEN THE CITY
OF MIAMI, FLORIDA AND PINO-FONTICIELLA AND ASSOCIATES,
INC., DATED MARCH 26, 1990, FOR THE GRANT AVENUE
PARK - BUILDING RENOVATION, CIP PROJECT NO. 331342,
SAID FUNDS TO BE PROVIDED FROM THE CAPITAL
IMPROVEMENTS ORDINANCE NO. 10782, WITH FUNDS ALREADY
ALLOCATED TO THE PROJECT; FURTHER RATIFYING THE CITY
MANAGER'S WRITTEN FINDING THAT THE HEREIN INCREASE
RESULTED FROM EMERGENCY CIRCUMSTANCES BY AN
AFFIRMATIVE VOTE OF FOUR -FIFTHS OF THE MEMBERS OF THE
CITY COMMISSION, AND ADOPTING THE FINDINGS AND
CONCLUSIONS SET FORTH IN THE PREAMBLE OF THIS
RESOLUTION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Vice Mayor Plummer: Move 27.
Commissioner Dawkins: What was the work done?
Mr. Odio: It's withdrawn.
Commissioner Dawkins: What was the work done as an emergency?
110 December 6, 1990
i
Dr. Luis Prieto: Actually, a pretty long list of items were required and let
me...
Commissioner Dawkins: That's OK, give them to me sometime later, please.
Mayor Suarez: OK. Thank you.
Mr. Prieto: I'll make a copy for you, sir. It's a...
Commissioner Dawkins: Thank you.
Mayor Suarez: Thank you, Dr. Prieto. Remember, never volunteer more than
you're asked around here.
Vice Mayor Plummer: Move 27.
Mr. Odio: Withdrawn 27. Please withdraw 27.
Ms. Esther Mae Armbrister: Wait just a moment, please.
Vice Mayor Plummer: Not on my agenda.
Ms. Armbrister: You are accepting what...
Mayor Suarez: Yes, Mrs. Armbrister.
Commissioner Dawkins: Which one do you want to be heard on, ma'am?
Ms. Armbrister: Are you accepting 26, the amount of money?
Commissioner Dawkins: Yes, ma'am.
Mayor Suarez: Yes, we're authorizing increase.
Ms. Armbrister: All right, thank you.
Mayor Suarez: OK.
Vice Mayor Plummer: You were asleep at the switch.
NOTE FOR THE RECORD: IT WAS ANNOUNCED THAT AGENDA
ITEM 27 HAD BEEN WITHDRAWN.
49. WAIVER FORMAL COMPETITIVE SEALED BID PROCEDURES FOR CONSTRUCTION AND
EQUIPMENT FOR THE ALLAPATTAH ELDERLY PROGRAM FACILITIES EXPANSION
PROJECT - RATIFY MANAGER'S FINDING OF EMERGENCY.
Mayor Suarez: OK, item twenty...
Vice Mayor Plummer: Move 28.
Mayor Suarez: Did we vote on 26?
Ms. Hirai: Twenty-seven has been moved by Commissioner Plummer.
Mayor Suarez: Twenty-seven has been moved.
Mr. Odio: Withdrawn.
Commissioner Dawkins: They say it was withdrawn.
Vice Mayor Plummer: Wait a minute, he says its withdrawn.
111 December 6, 1990
Mayor Suarez: Twenty-seven has been moved and withdrawn and then it sort of
died.
Vice Mayor Plummer: I move 28.
Mayor Suarez: All right, item 28.
Vice Mayor Plummer: Move it.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? Does anyone wish to be heard on the
item? Let the record reflect no one stepped forward. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-957
A RESOLUTION BY AN AFFIRMATIVE VOTE OF 4/5THS OF THE
MEMBERS OF THE CITY COMMISSION WAIVING FORMAL
COMPETITIVE SEALED BID PROCEDURES FOR CONSTRUCTION AND
EQUIPMENT FOR THE ALLAPATTAH ELDERLY PROGRAM
FACILITIES EXPANSION PROJECT; RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING THAT AN
EMERGENCY EXISTS JUSTIFYING SUCH WAIVER FOR SAID
PROJECT; AUTHORIZING THE CITY MANAGER TO HOLD SUCH
COMPETITION AS MAY BE PRACTICABLE UNDER THE
CIRCUMSTANCES FOR THE CONSTRUCTION OF NECESSARY
IMPROVEMENTS AND INSTALLATION OF EQUIPMENT AT SAID
FACILITY UNDER SAID PROJECT; ALLOCATING FUNDS THEREFOR
IN AN AMOUNT NOT TO EXCEED $110,000 FROM 16TH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE AND/OR ISSUE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH THE PARTICULAR FIRM SELECTED.
(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.
Mayor Suarez: I'm told the folks on item 29 are not here to make their
presentation. We'll table and, hopefully, give them an opportunity later on,
if it all works out.
Vice Mayor Plummer: No, they will not be here today.
Mayor Suarez: Not going to be here at all.
Vice Mayor Plummer: Denny Woods called my office, he could not make
arrangements for transportation and asked that it be moved to the next agenda.
NOTE FOR THE RECORD: IT WAS ANNOUNCED THAT AGENDA
ITEM 29 WOULD BE DEFERRED TO THE NEXT AGENDA.
112 December 6, 1990
9
0
50. EXPRESS CITY COMMISSION'S SUPPORT OF REQUEST BY LIBERTY COLUMN, INC. TO
PLACE MONUMENT IN BAYFRONT PARK - REFER TO BAYFRONT PARK MANAGEMENT
TRUST.
Mayor Suarez: We now move to the section of the agenda devoted to
Commissioner Alonso. All right, item 30.
Commissioner Alonso: Humberto Sanchez, he's here.
Mr. Odio: They want a street closure on March 12th, from 7:00 a.m. to 3:00
p.m....
Vice Mayor Plummer: Wait, wait, wait. This is a proposed placement of a
monument in Bayfront Park, number 30.
Commissioner Alonso: Are you talking about Humberto Sanchez and the Liberty
Column?
Mayor Suarez: Liberty Column, Inc. to discuss proposed placement of a
monument.
Commissioner Alonso: Thirty.
Mr. Odio: Thirty?
Vice Mayor Plummer: Item 30.
Commissioner Alonso: He was here a minute ago.
Mr. Odio: I don't know what....
Mayor Suarez: Does the administration have a recommendation on this? Have
they looked at it? Do you know, Commissioner, if they've looked at it?
Commissioner Alonso: Yes, Wally Lee has... Wally.
Mayor Suarez: Wally is ready to report to us on it?
Commissioner Alonso: Humberto is not here? Oh, yes.
Vice Mayor Plummer: As I recall, just for the record, to make it clear,
Wally, this doesn't exist in Bayfront Park. This actually is proposed to be
in that island, the traffic island...
Mr. Wally Lee: It was proposed and we tried to negotiate it with the Rouse
Company. However, there was a hitch in that they wanted a guarantee from the
City that in case of any demonstrations and so on, that they were be disbanded
quickly because of the access to the...
e
Vice Mayor Plummer: I can't blame them for that.
i
Mr. Lee: So, we had - we, unfortunately, weren't able to...
Vice Mayor Plummer: So what are you talking about? -moving it to another
location?
Mr. Lee: Possibly Bayfront Park, sir.
Vice Mayor Plummer: Why Bayfront Park?
Mr. Odio: It would have to be approved by the Trust anyway.
Vice Mayor Plummer: Well, that's why I'm bringing it up. Why not
Bicentennial?
Mr. Humberto Sanchez: First of all, good afternoon, Honorable Commissions,
Mayor, and the City Manager. For the records, the minutes of the last meeting
is incorrect. It says here, "A motion approving in principle request by
113 December 6, 1990
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Humberto Sanchez representing Liberty Column, Inc., for the erection and
construction of a monument in Bayfront Park in honor of those Cubans and
others who have crossed the waters and have risked their lives seeking
freedom." This is incorrect. The monument is in honor of those who lost
their lives seeking freedom. It is understandable?
Vice Mayor Plummer: You're saying that all people?
Mr. Sanchez: It says here that monument...
Mr. Odio: Let me save you some... the idea of the monument it was not only
for Cubans, but for Haitians that had also...
Mr. Sanchez: Cubans and others.
Mr. Odio: And others, well, that...
Mr. Sanchez: And that, of course, included Haitians. Now, what it says here
is that it was pretend to build for those who reach these shores. It's
incorrect. It's for those who died...
Mayor Suarez: The correction is noted. The correction is noted.
Vice Mayor Plummer: Oh, oh, oh, not the ones who made it, the ones who didn't
make it.
Mr. Sanchez: Those who died seeking freedom, OK?
Vice Mayor Plummer: OK, all right, all right.
Mayor Suarez: The correction is noted. What do we need to do on the item? I
presume that the administration has...
Mr. Odio: We'll have to find a....
Mayor Suarez: ...still things to do on finding a location and assuring that,
you know, all the other...
Mr. Odio: If it's Bayfront Park, it has to be approved by the Trust before we
can even discuss it. If it's some place else, we can handle it, but...
Vice Mayor Plummer: Well, let me just go on record because not that I agree
with my constituents on that board, but, you know, if they don't want to even
put the statue of Claude Pepper in there, we're whistling Dixie. So, I'm
saying that's why I immediately asked the question, why not Bicentennial,
which we have control over and they don't?
Mr. Sanchez: Commissioner Plummer, Bicentennial Park, as you know, it is a
park that is full of crack people. This will be vandalized constantly. It is
not an appropriate place for this type of thing. This is a beautiful
marble...
Vice Mayor Plummer: But he said he didn't want it there.
Mr. Sanchez: ...column and it's not...
Vice Mayor Plummer: The real place is Jose Marti, but he said he didn't want
it there.
Mr. Sanchez: Let me explain to you why this monument should be right in front
of the waters.
Commissioner Alonso: Yes, I agree with you.
Mr. Sanchez: OK? It cannot be in Little Havana or in the middle of anywhere.
In the front of waters....
Vice Mayor Plummer: Kennedy.
Mr. Sanchez: Now...
Commissioner Dawkins: My only...
114 December 6, 1990
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Vice Mayor Plummer: Wainwright?
Commissioner Dawkins: ...stipulation to you is, when you say "and others",
that the "and others" be in the same type as the whatever.
Vice Mayor Plummer: Yes, Wainwright Park wouldn't be bad.
Commissioner Dawkins: Do not say, so and so and so and then "and others" be
so small you can hardly see it.
Vice Mayor Plummer: In front of where?
Mr. Sanchez: No, sir, we're going to write down "others". This way we don't
discriminate anyone.
Mayor Suarez: OK, he's clarified that. It's pretty simple clarification.
Make sure you do that. OK, Bayfront Park, you insist. You have to take it to
the Trust and then report back to us.
Commissioner Alonso: Yes, why can't we send this to the Bayfront Park with
_ the recommendation that the City Commission supports the idea and would like
to see this at Bayfront Park.
Mayor Suarez: I'll entertain that in the form of a motion.
Commissioner Alonso: I move.
Mayor Suarez: Moved. The chairman is more than willing to convey that.
Vice Mayor Plummer: I'm not the chairman. I'm your official representative.
Mayor Suarez: Or the Commission participant, official representative,
whatever.
Vice Mayor Plummer: Wait a minute, come here.
Mr. Sanchez: By the way, I was with Mr. Katz this morning for a different
reason and Mr. Katz asked me to inform you that he's going to put me in the
agenda for his next meeting in January.
Mayor Suarez: Well, that's good because that fits in well with what we're
doing, about to do now on this vote. We have a motion and a second. Any
discussion? If not, please call the roll.
Mr. Sanchez: In addition to that...
Mayor Suarez: Wait, wait, let's do this.
The following motion was introduced by Commissioner Alonso, who moved
its adoption:
MOTION NO. 90-958
A MOTION EXPRESSING THE CITY COMMISSION'S SUPPORT OF A
REQUEST BY REPRESENTATIVES OF LIBERTY COLUMN, INC. TO
PLACE A MONUMENT IN BAYFRONT PARK; FURTHER REFERRING
SAID REQUEST, WITH A POSITIVE RECOMMENDATION TO THE
BAYFRONT PARK MANAGEMENT TRUST, FOR ITS CONSIDERATION
AND POSSIBLE APPROVAL.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
115 December 6, 1990
0
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: Wait, wait, what's the motion?
Commissioner Alonso: That send to trust...
Mayor Suarez: To send to the Trust with the... a motion of support from this
Commission.
Commissioner Alonso: Commission.
Vice Mayor Plummer: I have no objections to that. I know the answer,
unfortunately, but...
Mayor Suarez: Well, don't prejudge it, please.
Vice Mayor Plummer: OK.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: What else, sir?
Mr. Sanchez: I'd like to invite the Honorable Commission for an event that is
going to take place at Bayfront Park this weekend. I'm going to pass this out
to you.
Mayor Suarez: What time and when? Commissioner Alonso knows about it?
Commissioner Alonso: Yes, I do.
Mayor Suarez: Do you want to state on the record what time and when?
Commissioner Alonso: Yes, please.
Mr. Sanchez: Yes, this is an event that is going to call In Search for
Freedom and it's going to be display of inner -tube rafts in which we are going
to honor the United States Coast Guard for the assistance they have given us
for so many years.
Mayor Suarez: What time and when?
Mr. Sanchez: It's going to be tomorrow. The ceremony is going to be at 2:00
o'clock and the display itself is going to be throughout the weekend.
Mayor Suarez: OK, you're saying - OK, but the ceremony is tomorrow at 2:00? -
not Saturday?
Mr. Sanchez: Tomorrow at 2:00 o'clock.
Vice Mayor Plummer: Tomorrow is Friday.
Mr. Sanchez: Yes, sir.
Vice Mayor Plummer: You said the weekend, originally.
Mr. Sanchez: Well, what I'm trying to say is Friday, Saturday, and Sunday.
Commissioner Alonso: A display of the...
Mayor Suarez: OK, if you need any...
Vice Mayor Plummer: Mas o menos.
116 December 6, 1990
13
Mayor Suarez: LAS COSAS QUE ME DICEN.
Mr. Sanchez: Mas o menos.
Mayor Suarez: OK, thank you.
Mr. Sanchez: You're welcome, sir.
51. GRANT REQUEST BY LIPTON FOR CLOSURE OF DESIGNATED STREETS CONCERNING
THEIR TENNIS STREET MARCH EVENT.
------------------------------------------------------------------------------
Mayor Suarez: Item 31. Why does this have to come to the Commission? It
really doesn't.
Mr. Odio: They need a street closure, Mr. Mayor.
Mayor Suarez: I thought we had done that in a way that we had passed an
ordinance that allowed you to make those decisions?
Mr. Odio: Not on street closures.
Mayor Suarez: If there's any way...
Mr. Odio: I wish...
Mayor Suarez: ...to not have to bring it to the Commission every time on a
street closure of this sort, particularly when it's something that's becoming
now a sort of yearly event involving the County Manager, City Mayor, and next
time, I think we're going to have Commissioner Alonso out there in this
challenge match or whatever, you know.
Vice Mayor Plummer: Is this the Lipton Tennis Tournament?
Mr. Odio: This is the tennis tournament. A parade downtown.
Mayor Suarez: There's no reason for this to constantly come to the
Commission, Mr. Manager, if it's...
Vice Mayor Plummer: Well, just so we understand, this is not in any way,
waiving cost.
Mr. Odio: No, this is just to close the street.
Mayor Suarez: No, just the use of the street. Its not a particularly good
place for a tennis match, I'll tell you that.
Mr. Odio: Flagler Street, from N.W. Miami Court to N.W. 1st Avenue.
Mayor Suarez: Just right in front of the Courthouse.
Vice Mayor Plummer: And what hours of the day?
Mr. Odio: Ten to two.
Vice Mayor Plummer: And what day?
Mr. Odio: On the 12th, which is a Tuesday. That we done this be...
Vice Mayor Plummer: And that's from 10:00 to 2:00 and you're going to tie up
Flagler Street at lunch time?
Mr. Odio: We've done it before, we did it with the Hurricanes and everybody
else and the Dolphins once that I...
Vice Mayor Plummer: But this is a fundraiser, is that correct?
Mr. Odio: No.
117 December 6, 1990
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Mayor Suarez: We do this all the time for our ceremonies in front of the
Courthouse. The whole idea is to bring people to be pedestrians in downtown
and not driving through there.
Lt. Joseph Longueira: They wanted to do it from 7:00 in the morning, but
they've settled for 10:00. Ten to two.
Commissioner Alonso: Seven until three. That's the time and I have. No?
Mr. Odio: Ten to two. It's changed.
Vice Mayor Plummer: OK. All right, fine.
Commissioner Alonso: Well, that's not what it said before.
Mayor Suarez: OK, do we... in the future, Mr. Manager, I understand that this
doesn't have to come before us, please.
Mr. Odio: It does not?
Mayor Suarez: Well, if you guys agree that it doesn't, then don't bring it
before us. If it does, maybe you ought to come up with an ordinance that
allows this to be handled by you. We have a motion on it?
Vice Mayor Plummer: Yes, I'll move it.
Mayor Suarez: Thank you.
Commissioner Alonso: Yes, I second.
Mayor Suarez: Second. That means that she will play. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-959
A RESOLUTION CONCERNING A TENNIS STREET MATCH TO BE
CONDUCTED BY THE LIPTON INTERNATIONAL TENNIS
TOURNAMENT, ON MARCH 12, 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 AND
SUBJECT TO THE ORGANIZERS OBTAINING INSURANCE TO
PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE
CITY MANAGER OF HIS DESIGNEE AND UPON ORGANIZERS
PAYING FOR ALL THE NECESSARY COSTS OF CITY SERVICES.
(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.
118 December 6, 1990
Ll
52. (A) DIRECT CITY MANAGER TO REFER ALL REQUESTS FOR PROPOSALS RELATING
TO WATERFRONT ISSUES TO THE MIAMI WATERFRONT BOARD FOR REVIEW
AND RECOMMENDATION 30 DAYS PRIOR TO CONSIDERATION BY CITY
COMMISSION.
(B) DIRECT CITY MANAGER TO PLACE SIGNS AT DESIGNATED AREAS IN
BICENTENNIAL PARK, READING: "USE THESE RAMPS AT YOUR OWN RISK".
(C) REAPPOINT INDIVIDUAL TO SERVE ON MIAMI WATERFRONT BOARD
(Reappointed was: Stuart Sorg).
Mayor Suarez: Item 32, Waterfront Advisory Board.
Commissioner Dawkins: That's Commissioner De Yurre's appointee - I mean
Alonso Is.
Commissioner Alonso: I will reappoint Stuart Sorg.
Vice Mayor Plummer: Well, get somebody else to cover the Dade League.
Mayor Suarez: Yes, John.
Mr. John Brennan: Miss Alonso, would you like to make an appointment first?
I have a short talk here.
Commissioner Alonso: No, you go ahead and...
Mr. Brennan: Mr. Mayor, Commissioners, the Dinner Key Marina is a money
making adventure for the City. The evidence is that nearly $4,000,000 over
the last three years has been sent to Miamarina from their enterprise funds.
The bad side of that is the transient boat revenues appear to be going down.
On the issue of...
Mayor Suarez: Did you say the transient? What did you say about the
transient population there?
Vice Mayor Plummer: Wait a minute, hold on.
Mr. Brennan: The revenue appears to be going down on the transients. They'll
address part of that - the staff will address part of that. The Commission
spent $300,000 on meters to measure electricity for 400 boat slips. You'll be
happy to know that they apparently all work properly and of concern that there
appears to be no written guarantee as to how long they will work. Further,
there appears to be no way that the administration can recoup the cost of
these meters under the law. The above information are from studies that we
made at the request of the Manager. You remember that last month, our
presentation was interrupted when the Manager agreed to meet with us to answer
our questions and solve our problems. The Manager did meet with us for 45
minutes or more. He was mostly polite, possibly disarming. He told us that a
member of his staff would take care of us. He answered no questions, solved
no problems, and left to attend another meeting almost in the middle of a
sentence. The following week, a smaller group of the Waterfront Board met
with one of the staff. We made a minor request that would show the
administrations good faith. We were told that higher authority must be
sought. To this day, we have not heard yes or no as to the approval of the
request. I called our assigned staff member to ask about...
Mayor Suarez: What was that request? That minor request you referred to?
Mr. Brennan: A sign at Virrick gym. I called our...
Mayor Suarez: That reminds me of other signs that we've been expecting to be
installed, like the one at the entrance to Pan American Drive to tell the
people where City Hall is. It's five years running now.
Mr. Brennan: I called our assigned staff member to ask about the guaranty on
the electric meters, and was asked as I were on a witch hunt. On our meeting
with the Manager, I...
Mayor Suarez: Who asked you if you were on a witch hunt?
119 December 6, 1990
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Mr. Brennan: I£ I may, Mr. Mayor, can we go through it? -and...
Mayor Suarez: Yes, but you made a very specific allegation of something quite
interesting. Who said that you were on a witch hunt?
Mr. Brennan: Mr. Lee.
Mayor Suarez: Wally. You know the interesting thing about that...
Mr. Wally Lee: Pardon me, sir...
Mayor Suarez: Wally, you know the interesting thing about that is for people
who say, you are on a witch hunt, that implies that somebody up here is a
witch.
Mr. Brennan: Well, no. In this country, that means that you're hunting for
something that doesn't exist.
Vice Mayor Plummer: And there's only one that qualifies.
Commissioner Alonso: What makes you believe that?
Vice Mayor Plummer: Let's hear it for the witch.
Mayor Suarez: There are male and female witches, Vice Mayor Plummer.
Mayor Suarez: Some people call male witches warlocks, which isn't entirely
correct, but, yes?
Mr. Brennan: At our meeting with the Manager, I relayed to him that Jack Luft
had told the Waterfront Board that we were to hear nothing until an RFP had
been written, and he said that he had been told by the Manager.
Mayor Suarez: An RFP for what?
Mr. Brennan: For whatever issue we were talking about that would come out of
the Planning Department.
Mr. Frank Albritton.: Dealing with the waterfront property.
Mr. Brennan: Anything to deal with the waterfront property. The Manager got
red in the face and waved his arms and told the staff member to get Luft to
our next meeting. I still do not know if the Manager actually said that, or
whether Mr. Luft made up the story. One of our board members called our
assigned staffer to ask about the progress of a request, and was advised that
he hadn't looked at it yet.
Mayor Suarez: Which request was that?
Mr. Brennan: I'd have to defer to - Mr. Albritton and then ask him several
things - and was asked about the progress of the...
Mr. Albritton: We had an agenda that we were trying to continue on with the
dialogue.
Mayor Suarez: Yes, Frank, if you're going to say something, we need you on
the mike. I was just saying, he made mention of a specific request, it would
be useful to know which one it was. Maybe there's all kinds of reason why...
Mr. Brennan: Well, we've had a series of them, and this is just a small piece
of it.
Mayor Suarez: But you've got to be specific, John. All right, go ahead.
Mr. Brennan: All right. Two weeks ago, I called to talk to the Manager about
our lack of progress. After going through three people, I was advised that
the Manager was out and I gave my name and a telephone number. Four hours
later, the Manager's secretary left a message on my recorder saying she had
called. I called back before 5;00 o'clock and have heard nothing since. The
Waterfront Board is made up of a group of enthusiastic and hard working
people, who seek only to serve the City. Over six months ago, we prepared a
120
December 6, 1990
9
report on the Dinner Key docks. If anyone in the administration had paid it
the slightest heed, many of the new problems in this area might have been
avoided. Mr. Mayor, Commissioners, I have just given you a small sample of
what has been going on between the Waterfront Board and the City
administration for the past two years. I suggest that the Commission's
silence on this issue indicates the Commission's approval of the
administration's methods. Thank you for your time.
Mayor Suarez: There's very little specific to get into, you know. If you
look at the overall state of Dinner Key Marina, for example, one would have to
conclude, at least I do, and if you want my opinion, that's one of the most
beautiful, well designed, well implemented marinas - public marinas or private
marinas in the entire world - I've just never seen anything quite as nice as
that. On the other hand, if you tell me about the meters, that's one of the
most embarrassing episodes in the history of City of Miami administration, and
I think this is about as good a time as any to get straight answers on that
particular issue. But, that's the only issue that I can grab on to because
the other things has to do with your ability to communicate with the Manager's
office or with Assistant Manager, Wally Lee, and there's not too many
specifics on that. You know, phone calls back and forth. Sometimes we get a
phone call from people in the private sector. We call you back, we get a
recording, and, you know, there's no one necessarily there permanently. In
the case of Albritton, you've got to track him down with about four different
phone numbers because, you know, he has a whole bunch of different locations.
Mr. Brennan: I can always find him.
Mayor Suarez: But can we dwell on let's say, one big issue having to do with
the meters? Is that one of the ones at stake here? -and...
Mr. Brennan: The meters you cannot get your money back on. You spent
$300,000 and legally...
Mayor Suarez: Let me inquire, because I, for one, am interested in that. I
want to know what the latest status is on... an effort, I believe as was
explained to me by the Manager - correct me if I'm wrong - to charge people on
an individual boat -by -boat basis for their specific electric consumption. It
was almost stated to me as if it were an experimental thing, and that no one
else is doing it in the country, etcetera, etcetera, etcetera. The logical
question is, that's all very fine and good, why did we invest a large sum of
money for something that may or may not work? -and something that may or may
not recover to us the initial capital investment that we put into it?
Dr. Luis Prieto: OK. Remember, sir, that, first of all, this is not an
experimental basis...
Mayor Suarez: That is the way it was explained to me.
Mr. Prieto: No, sir, at the time this was selected, it was the trend to put
meters in all of these marinas. In fact...
Mayor Suarez: Who else has them in place? -and which company did they
contract with? -and how come, presumably, theirs is working and ours is not?
Mr. Prieto: Well, practically all the private marinas in Dade County have and
are installing...
Mayor Suarez: Maybe what was told to me is that they were experimental in the
sense of public marina, not private.
Mr. Prieto: That's right, sir.
Vice Mayor Plummer: Doctor - excuse me - I'm sorry, you haven't been around
that long. Mr. Mayor, let me interject here, if I may, for you.
Mayor Suarez: Yes.
Vice Mayor Plummer: City of Miami is unique in its marina at Dinner Key
because we buy electricity at that time in bulk. In bulk we made as part of
the linear foot per kilowatt hour, a pro rata, across-the-board charge. There
was no question in anyone's mind around here that people who live aboard, in
fact, use more electricity than the people who don't live aboard. That's just
121 December 6, 1990
a natural assumption. What we were trying to accomplish was that we would not
be in the electrical business or subleasing the electrical business, that each
one, having their own meter, it pay exactly whatever they used. And it made
good sense because we were losing, we figured at the time this was done - I
don't remember exactly, and please don't hold me, but it was more than
$100,000 a year, we were losing because of the bulk sale of electricity. That
was the reason to put in individual meters, then there was no question, a
liveaboard is a no liveaboard. Here, it's your meter, whatever you use in
electricity is what you pay for. The same as a telephone. You put in a
telephone, you use it, you pay for it. That was the idea behind it. So, I
hope that gives you an idea.
Mr. Prieto: I'd like to add something to that.
Vice Mayor Plummer: Please.
Mr. Prieto: We have found, curiously enough, that the electrical consumption
has actually gone down after the meters have gone in as a bulk amount.
Vice Mayor Plummer: Of course.
Mayor Suarez: So, even though the meters don't work, they're scared of the
meters and, therefore, they consume less electricity.
Mr. Odio: The meters do work.
Mr. Prieto: We construe that that is precisely what is taking place.
Mayor Suarez: Sometimes those things work in life, you know. That's the
whole principle behind you know what? -a scarecrow.
Mr. Prieto: That's right.
Mayor Suarez: They don't work, but they scare the birds, right? So, that's
not the justification for spending $300,000.
Mr. Prieto: It is, yes. It is...
Mayor Suarez: In the hope that... I mean, the idea is that they would work.
Mr. Prieto: No, they do work, sir.
Mayor Suarez: They do work.
Mr. Prieto: They have been working. We have been...
Mayor Suarez: OK, are we reading them?
Mr. Prieto: Yes, and, in fact, that's the reason...
Mayor Suarez: Are we billing people on the basis of the readings?
Mr. Prieto: No, we're not.
Mayor Suarez: Ah, I knew somewhere along the line, the chain of logic would
stop.
Vice Mayor Plummer: There was a breakdown.
Mr. Odio: Wait, wait...
Mr. Prieto: But, there's a reason.
Mr. Odio: There is a reason for that.
Mr. Prieto: There is a reason for that.
Mayor Suarez: All right. Is that the same reason as was the case a couple of
months ago which was that we didn't have a centralized computer reading
system?
Mr. Prieto: Yes.
122 December 6, 1990
Mr. Odio: Well, if you allowed us to explain, you will notice then why...
Mayor Suarez: No, I'm getting - doing pretty well with my questions here, you
know, kind of a cross examination, I know, but...
Mr. Prieto: No, no, that's correct. We now have a central reading system.
Mayor Suarez: All right.
Mr. Prieto: And the central...
Mayor Suarez: Does it work now?
Mr. Prieto: Yes, it does.
Mayor Suarez: So, how come we're not reading them with the central reading
system and billing them accordingly?
Mr. Prieto: Because we're checking. What we're doing is we're getting dumps
on a weekly basis, and then we're going - well not us, actually the contractor
is going out and checking manually against the meters and...
Mayor Suarez: My feeling is this whole thing should have never been done,
Frank, John, etcetera. We should have set up individual meters. If we were
sure that was going to be cost effective, as Vice Mayor Plummer indicated,
with $100,000 a year recovery, from individual metering versus $300,000...
Mr. Prieto: I agree.
Mayor Suarez: ...initial investment. That's probably cost effective, but we
should have never tried to have a centralized reading system. We should have
sent the guys out there to read the doggone meters manually which gives them
an idea what's going on on a particular boat and, otherwise, get's them
acquainted with the people they're serving. Instead, we have this centralized
computerized, everythingized system, which now works.
Mr. Prieto: It is now working and we're expecting it to be turned over to us.
Before they do turn it over to us, which is momentarily, we expected this,
this week or next week, the department wants to check it itself and make sure
that, in fact, it is...
Mayor Suarez: So far, from their - not the whole concept, which I don't think
anybody here, at least I've told you how I feel - we should have never done
it. But, from what you hear of what they're modifying now, what they're doing
to adjust to reality here and to all the things that didn't go exactly as
expected, what do you take issue with? If anything.
Mr. Brennan: Step number one. The City was charging each boater for
electricity before the meters. They were...
Mayor Suarez:
Based on a lineal foot calculation.
Mr. Brennan:
That's right, it was off the wall, but it was a figure
that
covered plenty,
but...
Mayor Suarez:
I'm not sure it was, lineal foot calculation.
Mr. Brennan:
It was more than adequate to cover the electricity and make a
nice profit for the City.
j
Mayor Suarez:
OK, we were buying it in bulk, we were charging for it
per
lineal foot, and you're saying we were making a little money on the side.
Mr. Brennan:
Right. Number two, Law Department has given me a document
that
w
says that you
cannot legally charge these people for anything except
the
-
electricity.
That means, you cannot charge them to recoup the cost of
the
r
equipment, the
management it will take to read the meters, or whatever.
Mayor Suarez: OK, what about that?
Mr. Brennan: Mr. Mayor, this is only just a small drop in the bucket for...
123 December b, 1990
Mayor Suarez: Well, but we've got to deal with the tip of the iceberg,
otherwise we're never going to get to the bottom of the iceberg. What about
that, Mr. City Attorney? Where did he go?
Mr. Jorge Fernandez: Right here.
Mayor Suarez: He's saying that by law - is it state or City or somebody's
law - we can only charge for the actual usage of electricity, but we can never
recoup the capital investment, the equipment, etcetera, installation, and so
on. Is that something they agree with you on or not?
Mr. Fernandez: I will have to...
Mr. Odio: Yes, but let me explain this before he does.
Mayor Suarez: Do you agree with that, Mr. Manager?
Mr. Odio: No, I don't.
Mayor Suarez: OK. Does anybody know what the law is before we get into the
wisdom of the law?
Mr. Frank Albritton: Yes, it's Florida Administrative Code 25-6, which
precludes that once you get into the sub -metering system from making a return
on the profit, the only thing you can charge from electricity is coming out of
the pedestal to the boat.
Mayor Suarez: OK, Commissioner Alonso, apparently has looked at it. Maybe
you're right. Maybe the Florida Administrative Code precludes that for sub -
metering.
Mr. Odio: No, but let me explain...
Vice Mayor Plummer: We never anticipated to make a profit.
Mr. Odio: That's right. We don't want the...
Vice Mayor Plummer: What we anticipated the savings would be the profit.
Mr. Odio: That is the point, Mr. Mayor.
Vice Mayor Plummer: That's where the difference is.
Commissioner Alonso: Bottom line is, are we doing OK without charging the
electricity through the system of the meters that we have so many
discrepancies?
Mr. Odio: No, I think we have to establish the fact that the City of Miami
administration and the City Commission are running this marina and not the
Waterfront Board.
Vice Mayor Plummer: No, no, no. Let's get to her question.
Mr. Odio: And the reason I'm saying that is because they have been opposing
us charging the electricity to the boaters.
Vice Mayor Plummer: Well, that's already been determined.
Mr. Odio: And I'm recommending that we do charge them. That we have to start
passing it...
Vice Mayor Plummer: Miriam, what I think is the problem is that there has
been an inequity.
Commissioner Alonso: Sure.
Vice Mayor Plummer: That some people are paying more than what they're using
and others have been paying less when what they're using. Which means, the
people using more - or less - are subsidizing the other ones. The could not
be any clearer and fairer than your telephone. You have a phone hooked up,
you use it, you pay for it. The same thing with the electric. That is what
we hoped...
124 December 6, 1990
Mayor Suarez: Yes, except with your telephone, the company recoups the value,
the cost of installing and the equipment and all the other capital costs, the
trunk lines and everything else. Here they're saying that for whatever quirk
in state law, we can only recover the actual cost of the electricity. Maybe
the other system would have been better.
Commissioner Alonso: We will be losing money if we go....
Vice Mayor Plummer: We are saving the money. That was the whole thing behind
it.
Mr. Odio: But, we're saving the money, but we're giving away in electricity.
Mayor Suarez: Not clear to me at all that we were going...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Alonso: So, actually, what we are doing...
Mayor Suarez: That we improve by changing this whole thing. I'm sorry,
Commissioner Alonso.
Commissioner Alonso: Excuse me, excuse me. So, Mr. Manager, are you saying
that right now we are paying for some of the electricity that they actually
using?
Mr. Odio: For all of it. We pay for all of it.
Commissioner Alonso: No, but we are charging them, in the rent, we are
charging them a certain amount that we consider covers the expense of the
electricity.
Mr. Odio: Yes, but that rent is equivalent to what every other marina is
charging and the other marinas, private marinas, are charging the linear foot
rent, plus the electricity.
Commissioner Alonso: I know we are lower. Yes, but I'm concerned now for the
City of Miami, not for what they are saying at this particular time.
Mr. Odio: Right, what I would like...
Commissioner Alonso: I'm concerned now, are we losing money to the degree
that it's something that we should really expedite, because this has been
dragging on for a long, long time.
Mayor Suarez: Commissioner Alonso's...
Mr. Odio: Yes.
Mayor Suarez: ...argument is leading in the direction of what Commissioner De
Yurre said. If we wanted to...
Mr. Odio: Yes.
Mayor Suarez: ...go ahead, say it.
A
Commissioner De Yurre: You know, all we got to do is add to the lineal foot
that we charge, an extra fifty cents or whatever, so we can get back our
money.
Vice Mayor Plummer: But, you see that...
Mr. Odio: But, you see, that's not fair, Commissioner.
Mr. Prieto: No, that's not fair.
Vice Mayor Plummer: Excuse me, that's inequitable. It's inequitable.
Mr. Odio: That's not fair.
125 December b, 1990
0 0
Mayor Suarez: Wait, wait, wait. What do you mean? Why is everybody jumping
up? If...
Commissioner Dawkins: What you worried about being fair?
Mayor Suarez: If, in fact, we're charging less than other marinas, if, in
fact, we're not recouping all of cost, if, in fact, we have a waiting list -
every time I hear about people wanting to dock there, what is wrong with
charging an extra fifty cents or whatever the amount is?
Vice Mayor Plummer: I would like to tell you that, sir.
Mayor Suarez: Don't get upset, it's just a simple question that seems to make
sense to me.
Commissioner De Yurre: The thing is to do it in such a way that it's not a
great impact over time and you can recoup it.
Mr. Odio: Fine, I'm willing to do that.
Vice Mayor Plummer: Let me tell you where the inequity lies. The same place
there. You have a guy who doesn't go to his boat for a month, OK? He's got a
22,000 BTU air conditioner that he leaves on the entire month because it don't
cost him any more or any less. You have a guy in a smaller boat and if he is
the same kind of a guy with a 9,000 BTU, it's going to cost you a third less.
The inequity, you can't do it on a foot basis. It's what is the demand, the
consumption.
Mr. Odio: And there's commercial boats that have ice makers and they really
run up the electric bills. We're finding out now how inequities work.
Mayor Suarez: But, those internal inequities are part of life, and if the
system was fine the way it was, and it just required a little bit of
adjustment of cost, that would have been an interesting way to proceed.
That's what the Commissioner is asking you.
Mr. Odio: I'm willing to raise the linear foot rate to recoup, yes.
Mayor Suarez: Right, except that we're not going to get our $300,000 back.
Commissioner De Yurre: How many lineal feet do we rent out there?
Mr. Odio: How many?
Vice Mayor Plummer: Oh, my Godl
Commissioner De Yurre: Lineal feet.
Mr. Odio: lineal feet.
Vice Mayor Plummer: Five hundred and twelve spaces by an average of 40 foot a
space. You figure it out.
Mr. Odio: It's about...
Commissioner De Yurre: Five twelve times forty, that's 20,000.
Mayor Suarez: Twenty thousand, roughly 20,000 lineal feet.
Mr. Odio: Two hundred thousand.
Commissioner De Yurre: So, that means that...
Vice Mayor Plummer: So, add $10.00 a linear foot, that wouldn't be bad.
Mr. Albritton: Mr. Mayor, could we address one of the issues?
Commissioner De Yurre: Well, we're trying to remedy some things here, you
know.
Mayor Suarez: Wait, wait a minute. Wait just one last little calculation by
the Commissioner, just to have an idea what numbers we're talking about.
126 December 6, 1990
Commissioner De Yurre: That's 20,000 lineal feet that we could recoup, you
know, over a fifteen year period.
Vice Mayor Plummer: How can that be? You've got 512 spaces.
Commissioner Dawkins: Will the fifty cents per lineal feet make us
competitive?
Vice Mayor Plummer: The average, I think, is 40 feet...
Mayor Suarez: That's $10,000 a month if it was fifty cents additional.
Commissioner Dawkins: Will it make us competitive...
Mayor Suarez: Which is $120,000 a year.
Vice Mayor Plummer: But, in other words, you're going to let a guy with a
central unit pay the same amount linear foot as the guy that don't even have
an air conditioner?
Mayor Suarez: We are deciding what the heck to do about a bunch of meters
that didn't seem to work right.
Commissioner De Yurre: We do that already.
Mayor Suarez: No, you gave two reasons, you gave two reasons.
Vice Mayor Plummer: But, that's what we're trying to correct. What is wrong
with the system that you pay for what you use?
Commissioner Alonso: Which is fine. That's the way it should be.
Mayor Suarez: J. L., sometimes you can't ascertain that in certain things
that people use, and you said there were two reasons. You said the internal
inequity was a concern, and that we were somehow under charging overall. What
he's saying, at least the undercharging part is resolved by increasing the
cost per lineal - the charge per lineal foot. And he's entirely right. In
fact, it works out to about the same amount. Now, the internal inequity seems
to bother you. Some people may be paying a little bit more or a lot more than
what they are entitled to. Maybe the entire system is inequitable. Maybe
people are getting an incredible value out here which the City is involved in.
We're supporting it, we're administering it. It is public land, people might
want to use it for a whole different purpose. So there's inequities in life.
Commissioner De Yurre: Well, you want inequity...
Mayor Suarez: I don't know how the Waterfront Board comes down on those
inequities.
Commissioner De Yurre: How about those that are just hanging out, outside
there? They don't...
Mayor Suarez: The anchorage, yes.
Vice Mayor Plummer: No, that's the anchorage.
Mayor Suarez: Yes.
Commissioner De Yurre: Hey...
Vice Mayor Plummer: They don't use any electricity at all.
Mr. Albritton: Mr. Mayor...
Commissioner De Yurre: Yes, but they use our solid waste system in a funny
way.
r Mayor Suarez: They use our facilities. That's also an inequity and we're not
sure we can correct that, by the way, because there's jurisdictional problems
with the anchorage. They may be subject to maritime law and totally out of
our jurisdiction. You're not going to get into that, I hope. All right, what
about the meters? We've gone through the whole discussion?
t� 127 December 6, 1990
ii
0 9
Mr. Albritton: No, Mr. Mayor...
Mayor Suarez: What are we missing? My God, it's about as complete as it
could possibly be, Frank.
Mr. Albritton: You're missing correct information. This is the correct
information.
Mayor Suarez: OK, tell me.
Mr. Albritton: This is the correct information. The best kept secret in this
City is under the current rate, under the current structure that was laid down
with an ad hoc committee from Dinner Key tenants, to solve the problems about
rates and addressing all these variables. That if you look at a 40 foot slip
today, what they pay at Dinner Key Marina and they're paying eight cents a
foot extra per month, what that boils down to is $96.00 a month extra, which
is... realizing it's hard to qualify and quantify some of these items, but
electricity, water, and other services. That's how it was originally
constructed and the...
Mayor Suarez: You said it was the best kept secret. It is still a very well
kept secret because I don't know what the secret is.
Mr. Albritton: The best kept secret is - OK, I'm alluding to that. The best
kept secret is the City is making money on providing these services. It's
today.
Mayor Suarez: What's wrong with that?
Mr. Albritton: Then why do you need the meters?
Mayor Suarez: I wouldn't want to make that secret. I want to make that
public. We are making a lot of money on the marina according to the
Waterfront Board. What's wrong with that?
Mr. Albritton: Well, what I'm saying, if that was the case, three, four,
five, six, seven years ago, why spend two hundred, three hundred thousand
dollars to put in a system that you're already making money on?
Mayor Suarez: You heard one reason was...
Mr. Albritton: But how are you going to be able to regroup this cost?
Mayor Suarez: Let me complete my statement. One reason was the internal
inequity of a system that charged people by the lineal foot even though some
were, in fact, using their boats for living and spending a lot of time in and
others were not. That's one reason.
Vice Mayor Plummer: Well, but let's also talk to the other side of that coin
that nobody seems to want to remember. It's called what you and I, Mr. Mayor,
and members of this Commission, and John Brennan, and the other gentleman. We
pay ad valorem taxation to live in the City of Miami. The boats at Dinner Key
doesn't pay ten cents.
Mayor Suarez: That's why the other argument of internal inequity doesn't
bother me too much. They still don't pay a heck of a lot.
Vice Mayor Plummer: OK? Now, you know, I got to provide them with police,
with fire, with sanitation, public works and all of that. Got their kids in
school. They don't pay ten cents of ad valorem that I have to pay.
Mr. Brennan: J.L., that's really another issue.
Vice Mayor Plummer: No, it's all part of the same issue.
Mr. Brennan: Well, that's true.
Vice Mayor Plummer: If you're saying here - excuse me - he's saying that
we're making money off the deal. I'm telling you, we are losing a hell of a
lot of money, overall.
128 December 6, 1990
Mayor Suarez: If we, in fact, could get to the point, if we get the system to
work right - hopefully, without any more expenditure - I'm saying, if we can
get to that point, is it a good idea to be able to determine how much each one
uses in electricity and some how charge according to usage or not?
Mr. Brennan: Mr. Mayor, a law says that you cannot recoup...
Mayor Suarez: Forget the law for a second. Is....
Vice Mayor Plummer: Forget the recouping.
Mayor Suarez: Is it a good idea to discriminate, to differentiate on the
basis of actual energy usage or not? -from your perspective?
Mr. Brennan: If you're already - I would say, I'd have to say yes to your
specific question. But, I say you got some fringe areas where you got to talk
about... J.L.'s talking about an ice maker or the Manager is talking about an
ice maker. That's right, there's one of them out there. You get them and do
something to double his fees or something.
Vice Mayor Plummer: Well, we don't know how many freezes are aboard, John.
You know...
Mr. Brennan: Well, no, I understand it, but, see, that's another whole...
Vice Mayor Plummer: I'm at a loss to understand, of a system that you pay for
what you get is not a good system.
Mr. Brennan: Because today, you're making money on that electricity, you're
making three... and you cannot do that once you start metering them.
Mayor Suarez: OK. We're going to get a legal opinion on the issue of...
Mr. Brennan: You already... we already have it.
Mayor Suarez: ...charging more...
Mr. Brennan: We already have it, Mr. Mayor.
Mayor Suarez: No, we don't have it from the City Attorney and he's the one
that advises us on the law.
Mr. Fernandez: I'll prepare one for you.
Mayor Suarez: Please, Mr. City Attorney, and have that ready for the next
meeting.
Mr. Fernandez: I will.
Mayor Suarez: Then, on the issue of the internal... I understand your
argument...
Mr. Brennan: OK. All right.
Mayor Suarez: ...I understand your argument. If it was up to me, I would not
have approved the expenditure of the $300,000. Now that we have them there,
we may as well at least measure - let the Herald take notice of the fact that
we measure the electricity does not necessary mean that we intend to charge
accordingly. We just want to see.
Mr. Brennan: That's good.
Mayor Suarez: It may be that, that great differentiation that they're telling
us is not so true. I've seen some of their figures, and let me tell you, the
variation isn't all that high. So, you know, maybe we'll just have the
meters, and they'll be a great experiment. All right, what else?
Mr. Brennan: I want to end this because you have a....
Mayor Suarez: Maybe we'll sell the meters, I don't know.
Mr. Brennan: ...you have a big deal.
129 December 6, 1990
Mayor Suarez: No, we've been putting you off on the Waterfront Board issue,
so we want to get to a couple more.
Mr. Brennan: OK. Mr. Luft came to us, he told us that the Manager said, "We
don't hear anything from the Planning Department until an RFP is written."
And you know that we fought very hard a year ago to make a different situation
so that we heard it before the newspapers printed it.
Mayor Suarez: And we have a resolution in place...
Mr. Brennan: I don't know... we did talk to the Manager, but I don't know
whether the Manager said it, or Luft made it up. And if we have a program
where the Planning Department doesn't want us to hear what they're doing, you
don't need us.
Mayor Suarez: Such as, what case are you talking about?
Mr. Brennan: We're talking specifically about the FEC property, but it
includes all.
Mayor Suarez: Well, wait a minute, the last time anything was done on the FEC
property...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Please, Mr. Manager.
Mr. Odio: Yes, sir.
Mayor Suarez: Last time we talked about the FEC property was the time that we
issued... well, it was really just a conceptual drawings that were done by
Planning, Jack Luft, they're beautiful, etcetera. We have since begun to
develop an RFP. Are you involved in that? Are you linked up with that
process? You know, I wish they were. You know why, Mr. Manager? Because,
otherwise, the most embarrassing single piece of waterfront land acquired at a
cost of $23,000,000 in 1982 or 183 dollars - well, it's not the most
embarrassing piece of land - but the piece of land that causes me the greatest
embarrassment because it's supposed to be a park and instead looks like a
parking lot with a track around it, might never get to anything, if we don't
get input from them. The conceptual drawings of these nice pavilions are very
nice. There's a name of the theaters, in the DDA we always discuss, that are
going to go there. I think they call them Omni -Max or Mini -Max or something
Max. It's all very nice except nobody's doing anything about it. In the
meantime, that piece of land out there maybe could be improved in many, many
different ways by attracting other uses there. Now, we have a couple of boats
that are going to be anchored, I think, quaint restaurants, and in one case, a
restaurant boat, restaurant ship. In another case, just a pure exhibit type
ship, or tour ship, or something. If we get some contribution from people who
want to put something there that is public, accessible to the public, even if
they charge a little bit or something, and so that we can landscape that park
and make it into something nice. I keep thinking, Wally, Mr. Manager, for
myself, maybe with their input, maybe you guys like this idea. If we had
nothing else - in Bicentennial Park - I don't know if you noticed - the main
use of Bicentennial Park, other than baseball, is people driving through that
little street. Sometimes they come in the other way from the expressway side
there and they park their car and they just kind of hang around and maybe do a
little fishing and, you know, the other things that people do.
Mr. Brennan: That's wonderful.
Mayor Suarez: If we had just a nicely landscaped seaside drive with parking
meters - the good old parking meters -you guys all like meters anyhow, you
know. And, if not, we'll bring Jack Mulvena from the Parking Authority, so
that...
Commissioner Alonso: He'll be delighted to hear...
Mayor Suarez: So that - yeah - so that people... there is a turnover so
people can't just park their forever and we recover some of the cost. Maybe a
little telescope things you put your quarters in. Somebody would probably
install those for us. And you could view that bay - if the area was
130 December 6, 1990
landscaped and if it was accessible by automobile, which it is anyhow, because
there's a darn track there, for God's sake, which is used once a year by these
cars going, you know, 500 miles an hour, and the rest of us, you know, the
people kind of drive up on there and they take their cars, but they're not
supposed to, I don't think. But they do. And that's the main use of that
Bicentennial other than baseball and soccer. And it's the only use of FEC
other than by homeless who use it as their home, which is not exactly what it
was intended to do, to be. Has anybody thought of that idea? -just a nice
little seaside landscaped drive with parking meters and telescopes and the
other things you see in other cities? I would think... maybe a little tower,
observation tower, I know Miller doesn't want them to be too high, but, you
know...
Mr. Lee: Mr. Mayor, in the first meet...
Mayor Suarez: A lot of people don't ever get the view of the bay that the
people who have buildings in downtown have, which is a spectacular view. I
get it from 701 Brickell, the 23rd floor. It's magnificent. OK, maybe we
won't do it as high as 23 floors, otherwise my brother Commissioner here is
going to jump on me. But, you know...
Vice Mayor Plummer: Come up with a plan.
Mayor Suarez: I'm sorry?
Vice Mayor Plummer: Come up with a plan. I think it's a great idea.
Mayor Suarez: And it's a very inexpensive one. You know, have you guys
thought of anything like that?
Mr. Brennan: Oh, yeah.
Mayor Suarez: Can you propose something? Maybe instead of waiting for them
to propose something.... by the way, chances are, let me tell you something,
this is an embarrassing admission. The last couple of UDPs we issued, uniform
development projects or unified development projects, there's been no bidders.
We have grandiose ideas, but the private sector is not willing to put the
money. It is particularly true when you're talking about a park which, by
definition, has to be accessible to the public. The charge involved in
anything we put there Has got to be minimal because we don't want to say, you
know, this is for the people who have a lot of money or whatever. It's for
everybody. So, anything you come up with may be the thing that does it.
Instead of us going around saying, Wometco is going to build something there
for us. The Manager has been telling us that for about a year -and -a -half and
I'm no exaggerating and I'm not picking on him, but he says, you know, I think
that Wometco is going to do something there. Well, that's a year and a half
ago and in the meantime, it's still an empty, awful looking parking lot.
Mr. Odio: Mr. Mayor, let me give you an up-to-date. We could...
Mayor Suarez: And the thought of an RFP that somehow is going to come flying
from the sky, it's going to produce all kinds of money. Yes?
Mr. Odio: We could not issue an REP on the FEC property because we had legal
questions that needed to be answered and they now have been answered and you
will see the REP here in January.
Mayor Suarez: OK, the last time we couldn't issue the R... let me just
clarify one thing and remind you of history. The last time we couldn't issue
an REP was not that reason. It was not the legal reason. That always is
handy, you know, you can always come up with that. There is always some
reason why something can't be done legally. The last time, you remember what
it, Mr. Manager? We needed $100,000...
Mr. Odio: No.
Mayor Suarez: ...for the experts to do it. And the same thing was told to us
on Watson Island.
Vice Mayor Plummer: A hundred thousand to do what?
Mr. Odio: To do what?
131 December 6, 1990
3:'
Mayor Suarez: To develop the RFP.
Mr. Odio: No, no.
Mayor Suarez: Yes, sir, because I went and I tried to get the contributions
for it. In Watson Island, we were told the same thing and we said, no, do it
in-house. It was done in-house...
Mr. Odio: That was to do the master plan, Mr. Mayor.
Mr. Albritton: You had the money available, Mr. Mayor, at that time.
Mr. Odio: There's a difference between the master plan and the RFP.
Mayor Suarez: You told me specifically that we needed $100,000 to develop the
RFP and I went to the DDA.
Mr. Odio: To develop the master plan.
Mayor Suarez: All right.
Mr. Odio: That was the Master Plan.
Mayor Suarez: Anyhow, there was no reason then why the RFP took three years
or two years. I have the conceptual plans that Jack Luft did for FEC in
Bicentennial. I'm going to dig up the date and you tell me that all that time
the RFP wasn't produced because of a legal problem, which is not going to be
resolved, coincidentally, since you're here in December, between December and
January, in which case, I will believe you because what else can I do?
Mr. Odio: Mr. Mayor...
Mayor Suarez: I don't have time to research who's really at fault.
Mr. Odio: There is a differ...
Mayor Suarez: The point is, that we will take, very possibly, your RFP, as
opposed to their RFP, because their RFP might bring us nothing, no bids! And
your RFP may be better. So...
Mr. Albritton: Well, Mr. Manager, one of the crux of the problem, in addition
to the issues that we've discussed here today, is the sentiment of the
Waterfront Board. At our last meeting, which was the day before yesterday, we
voted eight to one in expressing this disappointment and dissatisfaction with
the administration's effort in addressing problems and issues affecting the
City of Miami's waterfront. Now, we did a survey. We spent five and a half
months on a survey of different issues affecting the marina. We came before
you...
Mayor Suarez: Well, wait a minute, we haven't taken a vote...
Mr. Albritton: We came before you, we came...
Mayor Suarez: Frank, we haven't taken a vote here, but you can tell, I think,
from the tone and the intensity and the noise level, how satisfied I am, for
one, with the progress made, which is very dissatisfied with the FEC property,
very dissatisfied with the meters, although I think fair is fair. That is one
of the most beautiful public marinas...
Mr. Albritton: Yes, it's true.
Mayor Suarez: ...in the world. Maybe the most beautiful.
Mr. Brennan: Let's not destroy it.
Mayor Suarez: Yes, and, you know, maybe the Herald will carry a headline
saying that, you know, instead of the meters don't work or something.
Mr. Albritton: But did the prop...
132 December 6, 1990
Mayor Suarez: What else? The administration and you are not - well, we're
beating up on him right now as we speak.
Mr. Albritton: Well, can we get... the board felt that we should get a better
direction...
Mayor Suarez: We're not beating up on him. He says we're not beating up on
him.
Mr. Albritton: ...a specific instructions to the City Manager or city staff,
as far as addressing these issue, because, otherwise, all we're doing is going
around in a big circle. We start off, they say, when the heat is on, they
say, we got to arrange meeting. We have a meeting and then you have to call
and leave messages for a week at a time to get a follow up on agenda that
we're trying to establish.
Mayor Suarez: Who is the person that attends the Waterfront Board on behalf
of the City now?
Mr. Albritton: Mr. Lee is.
Mr. Odio: Mr. Lee. Mr. Mayor, I think I'm forced to put this on the record.
Mayor Suarez: Put whatever you want on the record.
Mr. Odio: Shortly after I met with this board and revised and provided on -
the -spot responses to each of the 12 issues that they brought up, some of my
responses such as to point number 8, were resolved right on -the -spot when I
ordered that the Finance Department publish an accounting report indicating
the financial status of Dinner Key Marina and Miamarina on a quarterly basis.
They got that. Or did you?
Mr. Albritton: I haven't seen it.
Mr. Odio: Other points, such as number...
Mayor Suarez: Wait, wait, we got a problem. We got a problem.
Mr. Odio: I think we...
Mayor Suarez: Who's chairman of the board?
Mr. Odic: I don't know who it is.
Mayor Suarez: Did you get that financial report? -quarterly financial report?
Mr. Odio: Carlos.
Mayor Suarez: Let's clarify that because if we don't even...
Mr. Odio: We sent it certified mail, Mr. Mayor.
Mayor Suarez: ...have the simple ability to send a quarterly financial report
by certified mail and be...
Mr. Odio: We did.
Mr. Brennan: He's talking about the 09 report? Is the 09 report what you're
talking about?
Mr. Lee: That is correct.
Mr. Odio: I'm telling you all the financial information that you requested,
you received, and you signed for it. Other points, such as number nine,
recommend that the total cost of the marina per salaries for City staff, not
directly employed by the marina, should be controlled and that between three
to five percent of the staff cost should be only charged to the marina. We
replied to that and not only that we are below the amount they requested. We
went like that point by point. It seems to me that nothing that we do is
satisfying this gentleman, and I think there is...
Mr. Albritton: That's not...
133 December 6, 1990
Mr. Odio: ...I think there is another agenda. Although we are not perfect, I
have perhaps not properly communicated our follow up actions at all times, I
truly believe that our intention has been to where as respect for the board
and to continue to do so in the future, to the point where the RFP was going
to be on the agenda today, and I ordered the Department of Development not to
place it on the agenda today so that this board could review it before you
discuss it, out of respect for them. But I don't think they...
Mayor Suarez: When was it ready for review?
Mr. Odio: It was ready for now. There is going to be in the... we could have
placed it in the agenda...
Mayor Suarez: Come on, Mr. Manager, I don't believe it was ready for... wait,
wait, wait.
Mr. Odio: Mr. Mayor, you...
Mayor Suarez: When was it ready for review?
Mr. Odio: It should have been ready for you to review it today.
Mayor Suarez: That's not my question, when it should have been ready. When
was it ready for review?
Mr. Odio: What do you mean, when was it ready for review?
Mayor Suarez: Was it prepared, and ready for review by this Board at some
point, or is it still not ready for review?
Mr. Odio: It's ready for review in their next meeting.
Mayor Suarez: When did it first become ready for review?
Mr. Odio: I don't know if it was last week that it was ready.
Mayor Suarez: Well, maybe they would have called a special session of the
Waterfront Board.
Mr. Brennan: We could have done that.
Mr. Albritton: We could have done that.
Mr. Odio: Maybe, they could have, but I tell you that I reviewed...
Mayor Suarez: If Mr. Lee communicates with them and says, we have this ready,
but we have to tell you that it's going to be on the agenda December 6th, what
do you want us to do? Do you want us to hold off on it? You want to comment
right at the Commission, or do you want to call a special session? - maybe
they would have called a special session.
Mr. Odio: Well, maybe you're right.
Mayor Suarez: All right.
Mr. Odio: Three other major accomplishments that... it comes to mind as I
review our relationship with this group, is that we assisted the board in
revising the existing ordinance creating in this board to more properly
reflect the purpose and objectives of that board. And it was passed on second
reading sometime during September of 189. Instructed City Departments that on
all UDPs involving Waterfront property, that a member of the selection
committee be a representative of this board, parenthesis, has already occurred
for the UDP of Merrill Stevens, and for the one currently being evaluated
about with it for the Virginia Key Basin, where before, they never had
representation. Recently, assigned a member of...
Mayor Suarez: Is that working? - let me ask you. Is that working?
Mr. Brennan: We don't know anything about it. This was given and we asked...
134 December 6, 1990
Mr. Odio: Mr. Brennan sat during the process of Merrill Stevens throughout,
and he not only sat, he was the chairman of that group, and now...
Mayor Suarez: That's very important Frank, the fact that Waterfront...
Mr. Albritton: But he wasn't on the Waterfront, he wasn't a representative of
the Waterfront Board at that time.
Mr. Odio: Yes. He was placed on that by me, because he represented the
Waterfront Board. He was placed on that group because he represented the
Waterfront Board.
Mayor Suarez: Maybe he wasn't on the Board at the time...
Mr. Albritton: No, he wasn't.
Mayor Suarez: ... which would have been an interesting situation.
Mr. Odio: He has always been on the Board.
Mayor Suarez: Somebody who was representative... have you always been on
the Board?
Mr. Odio: On the Waterfront Board.
Mayor Suarez: When did you first begin to serve on the Board?
Mr. Brennan: Two years recently, and four years before that. But there were
a couple of years before...
Mr. Albritton: He wasn't acting as the representative of the Waterfront
Board.
Mayor Suarez: OK. If you've been for the last two years, you would have been
on the selection committee as the same time as you were on the board for
Merrill Stevens, wouldn't you have? Anyhow, ascertain that...
Mr. Odio: Anyhow, we recent assigned an Assistant City Manager, where before
they had the department of... Director of Parks assigned to them. Alfredo
Rodriguez, they didn't like the way he walked, so we took him away. He only
had been working with the board for ten years, we never had any problem with
Alfredo Rodriguez, all of a sudden, they didn't like the way he walked, so we
assigned an Assistant City Manager.
Mayor Suarez: Mr. Manager, don't get into that.
Mr. Odio: Well, they have.
Mayor Suarez: Because if you put that on record, I'll tell you all the
problems I have with that individual.
Mr. Odio: Well, fine, but...
Mayor Suarez: And it's not the fact that he walks funny, or whatever it is
you said.
Mr. Odio: I cannot discuss for obvious reasons, but because we have a lawsuit
pending, other items that came up during my discussing with them, since we met
with them, a lawsuit was filed, so I cannot discuss in public. But I can
assure...
Mayor Suarez: What law suit was filed? We can discuss anything we want in
public. What law suit was filed here? What are you talking about?
Mr. Odio: By the tenants, some tenants of the marina, because they wanted us
to control the anchorage, they were... to make us responsible for security...
Mayor Suarez: We have no problems with that lawsuit. That law suit can be
debated publicly, all we want...
Mr. Odio: Fine. I was instructed by my attorney, not to.
135 December 6, 1990
9 0
Mayor Suarez: Yes, well he does that all the time, and I don't agree with him
either. There is a lawsuit because they think we should be controlling the
anchorage. Is that what we are talking about, Mr. City Attorney?
Mr. Odio: And the security of the marina which in... when in fact...
Mayor Suarez: Now he is City Attorney, too.
Mr. Fernandez: That, amongst eight or nine other causes of action.
Mr. Odio: You're the City Manager, too.
Mayor Suarez: OK. Is it a lawsuit that you're worried about?
Mr. Fernandez: No, not at all.
Mayor Suarez: I'm not too worried about it either. There are all kind of
jurisdictional problems to it, so.
Vice Mayor Plummer: Dumbest thing I have ever... I'll tell you something.
This has got to be the dumbest conversation I've ever heard.
Mr. Odio: I agree.
Vice Mayor Plummer: Mr. Mayor, according... if can interject. John Brennan
is a friend, and so is the City Manager. What their main complaint is, is
having one key person of the administration. That's the point. Everything
else revolves around that. Now, obviously, they are not happy with Mr. Wally
Lee, doesn't speak bad of Mr. Wally Lee, but Mr. Manager, is there someone
else that you can assign to deal with them as an on -hands, get answers, get
information... these people served this City at no cost, they give up their
own free time to try to be of assistance to the City, and I think this City
needs to help them, by giving them the right information with the right people
to get matters accomplished.
Mr. Odio: Commissioner, with the respect that I have for you, I will tell you
that Mr. Lee is my liaison to the Waterfront Board. He has not been given a
fair chance to work with this group, he has... he could have replied to a lot
of the allegations made here, I don't want him to do that, but I want him
to...
Mayor Suarez: There is only one allegation against Mr. Lee, and that's that
he used the term "the witch hunt."
Vice Mayor Plummer: It's not personal, Cesar.
Mr. Odio: No, it is not. It is not personal.
Vice Mayor Plummer: It's not personal.
Mayor Suarez: It's not the worst thing that was ever said around here.
Mr. Odio: And because of that, I would like to keep him there.
Mayor Suarez: He is one of the most amenable, one of the most accessible, one
of the most friendliest human beings that ever worked at City Hall. So I
mean, if there was a problem of personalities, that would make me doubt who is
being difficult.
Vice Mayor Plummer: Fine.
Mayor Suarez: So that can't be the problem. The problem is, three hundred
thousand dollars ($300,000) worth of meters that don't work, a park up there
that look like a race track with the parking lot the rest of the time, there
are other things, OK. Can we do anything more concrete now today, that you
might suggest? Frank, you said... you were saying that you are not being
consulted properly before Waterfront RFP's, and selection committees, and so
on. If that were the case, we would like to know about it as much in
anticipation as possible. Understanding that it is sometimes difficult for
you to tell us in advance, because you might not know what's coming down the
pike, so.
136 December 6, 1990
Mr. Albritton: That Mr. Mayor, is probably the center part of the whole
thing. Now, I have asked...
Vice Mayor Plummer: I make a motion at this time, that no RFP relating to the
Waterfront be presented to this Commission without the Waterfront Board having
their input at least thirty days prior to presentation before this Commission,
I so move.
Mayor Suarez: Right. And you either sign off, yes, or sign off, no, and then
come here and explain to us why yes, or why no.
Mr. Brennan: We did that a year ago, remember that?
Vice Mayor Plummer: We're doing it now, John. If I get a second, let's do it
and...
Mayor Suarez: So moved.
Commissioner Dawkins: Why should I second what's already on the books?
Mr. Fernandez: It's already in the books. If I can read for you from the
code...
Vice Mayor Plummer: It's a reminder.
Mayor Suarez: Reemphasize what is in the books. Was it that specific in the
books, Mr. City Attorney?
Mr. Fernandez: The Miami Waterfront Advisory Board shall be informed of all
issues concerning the major development or disposition of City owned
Waterfront property for its input and advice at the same time or before, other
City committees or boards are informed of such issues. Major developments
and/or dispositions shall be defined as activities that require public notice
and hearing pursuant to City of Miami charter and code.
Mayor Suarez: That's not the same thing at all. That's not the same thing at
all. You're comparing them to other boards, and committees, et cetera. Now
we are saying, thirty days before this Commission is presented with the RFP.
That's a very specific process that requires your input before we take it up
here.
Mr. Brennan: That means that almost everything is written, and if they are
going to put a ferris wheel at the end of Pier 5, it's almost impossible to
get it removed.
Mayor Suarez: Well, that's the best we can do.
Mr. Brennan: The original intent...
Vice Mayor Plummer: They do it to us.
Mayor Suarez: Yes. Believe me, you are not in any different boat than we
are. I hate to use the expression. All right, that's in the form of a
motion, do we have a second?
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. 90-960
A MOTION INSTRUCTING THE CITY MANAGER TO REFER ALL
FUTURE REQUESTS FOR PROPOSALS (RFPs) RELATING TO
WATERFRONT ISSUES TO THE CITY OF MIAMI WATERFRONT
BOARD, FOR ITS REVIEW AND RECOMMENDATION, AT LEAST 30
DAYS PRIOR TO SAID RFP BEING CONSIDERED BY THE CITY
COMMISSION.
137 December 6, 1990
W W
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.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: Commissioner Dawkins, further comments.
Commissioner Dawkins: Yes, I'd have to say, Mr. Manager, although you have,
which you rightfully have the right to have, the most confidence in the world
in Mr. Wally Lee, and you have a right to keep him there. But in the event
that it looks like, and that there is not a cohesive working agreement between
Mr. Lee and the Waterfront Board, and you, we all see this, and you are
determine to keep him there regardless, I would have to feel that you are not
interested in solving the problem, but keeping the problem as it is, and
that's just my personal observation.
Vice Mayor Plummer: Mr. Manager, may I ask a question? It relates to the
Waterfront. About six or eight months ago, we asked that an RFP be developed
and put out on the little restaurant there on the corner of the Bicentennial.
Mr. Odio: That's part of the RFP that we are now concluded. We had to wait
for the legal reply. It's part of the master plan.
Vice Mayor Plummer: I thought the one you're doing now is in fact the FEC,
this is not part of the FEC.
Mayor Suarez: I think we are doing both.
Mr. Odio: I think it... I don't know if it includes that side but we are
definitely going to do it.
Vice Mayor Plummer: You will all remember the German fellow that came here,
who couldn't understand why we just couldn't say, it's yours, and we
instructed you at that time to go out with an RFP, that's been six or eight
months ago. If we are looking for sources of income, it would seem like to me
they were sure not pursuing it too... Would you send me a memo why that
hasn't gone out and when it is going to go out.
Mr. Odio: Yes, sir. Like I said, the good news is that we finally, after
clearing all the records, we can use the FEC openly, and that, with a
limitation, that forty percent of the property, I am not sure, because I don't
have that... cannot be developed.
Vice Mayor Plummer: But that's not the point. I am think that this little
restaurant is a source of income.
Mr. Odio: Yes.
Vice Mayor Plummer: And we asked six or eight months ago, that it be put out
to an RFP, and we haven't even seen it, much less put it out.
Mr. Odio: Jack Luft explained to me that when he went out, and he has been
meeting with people that wanted to develop the whole area, that if you... that
they will not bid only on that piece unless the other side was done.
Vice Mayor Plummer: Sir, that was... you know, I respect Mr. Luft, but that
Mr. Luft does not set policies of this Commission. Six or eight months ago,
the policy of this Commission was to develop an RFP and let's get it out.
Now, if Mr. Luft has another agenda, let him go to a City where he is elected,
and run his agenda.
138 December 6, 1990
W W
Mr. Odio: No. To be fair to Mr. Luft, let me get you in writing a report on
the whole thing.
Vice Mayor Plummer: Sir, the bottom line is, this City asked that you prepare
an REP.
Mr. Odio: OK.
Vice Mayor Plummer: Now it's been six or eight months, we didn't say anything
about the FEC, we didn't say anything about the rest of the Park, we spoke
just to that little restaurant that the German fellow spoke to. And I am
telling you, if we are going to be honest that we are looking for sources of
revenue, that's a source of revenue to me.
Mayor Suarez: OK. Last point, and then you are out of here. The hook...
Commissioner Dawkins: A short point.
Mr. Brennan: All right. Over a year ago, the Waterfront Board looked at the
Virrick Gym property, and all the discrepancies and all the legal things that
were occurring on that property site. We did a study, surveyed, made
recommendations, we haven't heard anything. There is no...
Vice Mayor Plummer: Well, I'll tell you one study you didn't do, and Mr.
Manager, I am still in my office getting complaints. I don't know why they're
picking on me, I don't know if they are calling the rest of you.
Mr. Albritton: We like you, J.L.
Vice Mayor Flummer: That that sign that says in very clear English, "No cars
without trailers beyond this point in this designated area," I want to tell
you Mr. Manager, I went there Friday night and counted twenty-one cars,
including two on the ramp. I went there Saturday night and counted twenty-
three cars, including four on the ramp. Now somebody is dropping the ball.
That sign... they now have four signs up there.
Mayor Suarez: You know...
Vice Mayor Plummer: And nobody is enforcing it, so nobody is going to pay
any attention to it.
Mayor Suarez: You know, one thing that we have done successfully Mr. Manager,
you, or Parks, or all the departments have been very flexible in this, and
it's just an idea that has occurred to me. Some of these kinds of things can
only be solved if you have full time supervision. We don't have the funding
for full time supervision, but a gate of some sort often helps, of the kind
that requires a key. And this brings me to... what happened to me the other
day, I went to meet with... at the home, or visit the home of Archbishop
McCarthy, and you know what he told me, that he has the key to the Park
adjoining to his house. He is the one that opens it in the morning, and
closes it. There is also the same situation here at Wainwright Park, the next
door neighbor, remember we had the problem because the police officer is the
one that opened it, and closed it, and that sometimes, is unpredictable
therefore, Al Ruder or somebody creative over there, came up with the idea
that this next door neighbor was the ideal guy, he now has the key.
Occasionally, people think...
Vice Mayor Plummer: Well, the Archbishop has nothing else to do.
Mayor Suarez: Occasionally, the people think that I have the key, and they
come knocking on my door. They did that one Saturday morning, and it was hell
to pay. Please don't come to my house and ask for the keys. I guarantee you
I don't have them. It's conceivable that certain devices, Mr. Manager, could
be placed to restrict access to some of these, and that the Waterfront Board
with the incredible amount of energy, interest, and time that they seem to
have, could perhaps volunteer some of that time to be the keepers of the gate,
and some of the marinas, and some of these ramps to restrict access to people
that don't have the trailers, or don't have the right, whatever. And that
would keep Frank Albritton off our back a little bit, and Brennan, and
Wellington, and all the rest of them .
Vice Mayor Plummer: Well, Mr. Mayor, let me tell you something.
139 December 6, 1990
W,
Mayor Suarez: Because you can involve volunteers in that, and it works very,
very well. They are citizens, they are interested parties, they are fair,
they don't have anything at stake. The other day, I went to that ramp just
like you did, and the "Shake -a -Leg" program is very nice, the people that were
using the boat though, were not disabled people, and they were going out on
their "Shake -a -Leg" boat, and you know, maybe they are the ones that run the
program, and I don't want to say anything to them, but that's not what that is
there for - that I am aware of Mr. Manager, that "Shake -a -Leg" program is
supposed to be, the boats are supposed to be for the disabled, and the people
in wheelchairs, et cetera, right?
Vice Mayor Plummer: Hold on a minute.
Mayor Suarez: This particular day, some very able bodied couples were going
on this boat, and they were having a great old time. Maybe, that's not
exactly the correct use although, they again, donate their time, maybe they
have a little use of the facility somehow, but I mean, these kinds of things
we can involve volunteers in, and I... well I don't see you paying attention
anyhow, so I am not even going to go on with it. Thank you.
Mr. Brennan: Thank you for your time.
Vice Mayor Plummer: Let me give you one other.... hold on. And I can ask the
Waterfront Board to follow up.
Mayor Suarez: I'm telling you, he is cutting it real close for me. Cutting
it real close for me. An easy going
Vice Mayor Plummer: Mr. Manager, I went the other day to Watson Island, to
the ramp in particular. I am very concerned as I have expressed to you
before, that there is supposed to be, or I was told there were signs that
said, "use these ramps at your own risk." No such sign exist on Watson
Island, or any of the other ramps that I have seen, OK? We just got finished
paying out twenty-five thousand dollars ($25,000) for being a nice guy for
Fisher Island. I am telling you that all of those, and including the beach, I
did not see those at the beach. "Use this at your own risk," because when you
make them pay $2.00 you have assumed some liability.
Commissioner Dawkins: Mr. Mayor, may I make a suggestion to the Manager? Mr.
Manager, we've got a long agenda, and I would respectfully suggest to you that
you go through the planning agenda, and see what items you need, and put them
on a priority list so that we can take them as you need them, so that if we
leave any, it will not be some that you need.
Mayor Suarez: Thank you, gentlemen from the Waterfront Board, and hopefully,
we've accelerated the process of the coupling with the Manager's office, and
emphasize some of the agreements that we have with you on some issues. Item
33.
Mr. Fernandez: There is an item attached to 32 which is an appointment...
Commissioner Alonso: Thirty-two, I'll like to reappoint the Stuart Sorg to
the Board.
Mayor Suarez: Moved to reappoint Stuart Sorg.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
Vice Mayor Plummer: Excuse me, is there any conflict Mr. City Attorney? Mr.
Stuart Sorg does in fact sit on the ITB. Is there any?...
Commissioner Alonso: He has been in both of them for a long time.
Vice Mayor Plummer: I am saying is there any conflict?
Mr. Fernandez: No.
Vice Mayor Plummer: OK, fine.
140 December b, 1990
Mayor Suarez: I don't think so.
Mr. Odio: I hope not, because he wanted... he is good for that board.
Vice Mayor Plummer: I'm just putting it on the record.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 90-961
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE ON THE
MIAMI WATERFRONT ADVISORY BOARD.
(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.
------------------------------------------------------------------------------
53. (A) GRANT, IN PRINCIPLE, REQUEST TO APPROVE PLACEMENT OF PLAQUE FOR
FERNANDO ALBUERNE ON THE LATIN STARS WALK (S.W. 8 STREET/CALLE
OCHO).
(B) DIRECT ADMINISTRATION TO LOOK INTO ALLEGATIONS OF POSSIBLE
IRREGULARITIES IN THE ADMINISTRATION OF FEES CONNECTED WITH
INSTALLATION OF PLAQUES ON LATIN STARS WALK.
Mayor Suarez: Thirty-three.
Commissioner Alonso: Yes. I don't think they are here.
Mayor Suarez: Latin Stars, are they here?
Commissioner Alonso: No. But I'll like to make a motion to approve the star
of Fernando Albuerne.
Mayor Suarez: So moved.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Any discussion?
Vice Mayor Plummer: May I inquire?
Mayor Suarez: Yes.
Commissioner Alonso: Yes.
Vice Mayor Plummer: Mr. Mayor, you sent me a copy of a letter, and I was a
little concerned because It was a misund... not clear. In that letter, you
indicated that the people that were representing this individual had raised
the money. Now, I guess my question is, by that terminology, in fact, are
the people... Mr. Manager, are you aware? - I am asking this question. The
who are honored for example, people P , this...
Commissioner Alonso: Fernando Albuerne.
141 December 6, 1990
Vice Mayor Plummer: Fernando Albuerne, is it costing his family money to
erect that star? Is there a fee charged? - because in your memo to me...
Mayor Suarez: What... yes, what the memo indicated is that they, they
proponents of it were raising the money needed.
Vice Mayor Plummer: Who were the proponents?
Mayor Suarez: Relatives, including...
Vice Mayor Plummer: OK.
Mayor Suarez: ... by the way, one of our own detectives in the City...
Vice Mayor Plummer: All right.
Mayor Suarez: ... friends, supporters, et cetera.
Vice Mayor Plummer: All right. So the question I am asking is, is there a
fee?... what you mean, oh, yes.
Commissioner Alonso: Yes. Permit, and police department, and...
Mr. Luis Prieto: They pay the expenses, right.
Vice Mayor Plummer: No, no, no, not the expenses. Is there a fee up and
beyond the fee of placing it there on the sidewalk?
Mr. Prieto: Let me ask you this. You mean the City, has a fee, or the people
for Latin Stars?
Vice Mayor Plummer: No, no, no.
Mr. Odio: There is, from what I have been able to find out, I believe that
between them, there is some money exchange.
Mr. Prieto: Yes.
Mr. Odio: I don't know what amount.
Commissioner Alonso: Hold it, hold it a minute. According to the budget that
they presented to us...
Mr. Odio: Right, they received money...
Commissioner Alonso: ... there was no money exchanged between this group that
the City has approved for a long time, and if in fact, they are charging for
the right to place that star, I'll be the first one to oppose any type of
activity. And according to the records that were submitted to us after the
last Commission meeting, it was clear, or at least that what they have shown
to us.
Mayor Suarez: It was... yes.
Commissioner Alonso: That they were paying for just the expenses...
Mr. Prieto: Yes. Just the expenses, right.
Commissioner Alonso: ... of the fee that the City charges, the police
department, the materials, the company that provides the star. But if they
are making money...
Mr. Prieto: No, they are not.
Commissioner Alonso: ... on this effort, I don't believe that it's right that
they use the streets of Miami to do business like that.
Mr. Prieto: That's why...
Vice Mayor Plummer: All right then. May I ask that the...
142 December G, 1990
Mr. Prieto: ... the word fee is probably not the right word.
Vice Mayor Plummer: I'm sorry, I am quoting from the Mayor's memo.
Mayor Suarez: And by the way, my memo was totally conditioned on the analysis
you just did apparently for yourself, but I was not able to do. I am not
convinced yet, maybe, and that's why I conditioned it on the Manager doing
that for us, that there are only pass through expenses, that there are no
profits, no irregularities, et cetera.
Vice Mayor Plummer: Well I think we need to make that determination, because
there are a lot of rumors flying around...
Mayor Suarez: Yes.
Commissioner Alonso: Yes.
Vice Mayor Plummer: And I think Mr. Manager, you ought to for example, call
this family and ask them if there is a fee charged beyond the expenses. And I
think on the record, we should note, and one of the reasons that I was
concerned, when we got this nonprofit organization's budget, I was totally
aghast of a budget of better than a half of million dollars for a nonprofit
using of City streets. The area that concerned me more than anything, they
broke down roughly, and I am using rough numbers, two hundred thousand dollars
($200,000) for salaries, of which Mr. Soto and his wife are both recipients.
Two hundred thousand dollars ($200,000) for expenses, and a hundred and sixty-
five thousand dollars ($165,000) came from governmental agencies. Now I
immediately asked the Manager, were we asked to contribute? - and the answer
at this point, was no, and I am not going to. Where does these imaginary
numbers come from that they are going to get two hundred thousand from the
private sector, two hundred thousand from what they call concerts, special
events, and a hundred and sixty-five thousand from governmental agencies.
Commissioner Alonso: Isn't this more like a dream? - because they have a
notation that says, no salaries are paid at the present time?
Vice Mayor Plummer: Oh, no, no, no. They are not at the present time.
Commissioner Alonso: They talk about salaries, but then they say, in fact,
they receive no money. That's what I received in my office, at least.
Vice Mayor Plummer: When I saw that budget, I couldn't believe it. Five
hundred and fifty-two thousand dollars ($552,000) is their next year's budget.
Commissioner Alonso: Why don't we instruct the administration to check, and
it should have been done a long, long time ago, from day one when they were
approved, they have been placing lots of stars all through the streets of
Miami...
Mr. Prieto: True.
Commissioner Alonso: ... and to see that it... in fact, the budget that they
presented to us, that they said they have been lending money to cover the
expenses, it's right and you have some sort of audit perhaps?
Mr. Prieto: OK. I'll request...
Vice Mayor Plummer: I would be very interested to know what governmental
agencies are going to kick up the hundred and sixty-five thousand, especially
if they haven't even asked us,
Commissioner Alonso: And I talked to the family of Fernando Albuerne, which
in fact, they want very much to have this star placed right away, and that's
why I am moving in this item at the request of the family to place this on the
agenda. And I got the impression that they were not paying for the actual
star, just something for the basic, the very basic...
Vice Mayor Plummer: Let me ask a question?
Mayor Suarez: The pass through expenses is all.
143 December 6, 1990
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Commissioner Alonso: ... like a hundred dollars ($100.00) for a permit that
the City request, and something to that effect.
Vice Mayor Plummer: Let me ask this question, if I may? If in fact the
recipient family is asked to pay the expenses, what do we need them for? I
mean there is two hundred thousand dollars ($200,000), a hundred thousand, how
much salaries? - a lot of salaries. I mean, what do we need them for? If the
family of the recipient is going to pay the expenses, why do we need a middle
man?
Commissioner Alonso: What you are saying is, why don't we take charge of
this?
Vice Mayor Plummer: Why don't we do it ourselves?
Commissioner Alonso: The idea was ours. I checked back, and it was the idea
of Mr. Pacheco...
Vice Mayor Plummer: Freddy.
Commissioner Alonso: ... and then people from the administration brought this
to the Commission, and it was approved as, in order to honor the merchants who
have been established in 8th Street through the years, and it ended up being
for starts, and boxers, and you know.
Vice Mayor Plummer: Well it was... Freddy came to me and said it was... and
rightfully so, it would be a tourist attraction.
Commissioner Alonso: Of course. And it is.
Vice Mayor Plummer: OK? And I think the program itself is good. The
question I really come back down to, if in fact, as the memo of the Mayor
stated, the family is having to raise the money, why do we need a middle man?
j Mayor Suarez: Just for administration. But you may be all right that maybe,
what makes the most sense is for us to do the whole thing. I can imagine
though having a full time City employee handling it, and you are complaining
that we are paying for that individual.
Vice Mayor Plummer: That's what we got...
Mayor Suarez: Anyhow...
Mr. Prieto: May I suggest a policeman perhaps, can do it.
Mayor Suarez: Right, that would satisfy the Commission Awareness. All right.
I told you not to speak too much on that microphone, Dr. Prieto. Where are we
on the matter?
Commissioner Alonso: We have to vote.
Vice Mayor Plummer: On thirty-...
Mayor Suarez: OK. We have a motion and a second in principle, subject to of
course, the economics analyzed...
Vice Mayor Plummer: Second.
Mayor Suarez: ... and being certified as to regularity.
Any discussion? If not, please call the roll.
Moved and second.
144 December 6, 1990
The following motion was introduced by Commissioner Alonso, who moved
its adoption:
MOTION NO. 90-962
A MOTION GRANTING, IN PRINCIPLE, REQUEST RECEIVED FROM
REPRESENTATIVES OF LATIN STARS, APPROVING THE NAME OF
FERNANDO ALBUERNE TO BE HONORED WITH THE INSTALLATION
OF A PLAQUE ON THE "LATIN STARS WALK" ON S.W. 8TH
STREET; SUBJECT TO THE CONDUCT OF A CERTIFIED AUDIT
CONCERNING POSSIBLE IRREGULARITIES IN THE ECONOMICS
INVOLVED IN SAID PROCEDURE.
Upon being seconded by Commissioner Dawkins, the motion 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.
54. DISCUSSION CONCERNING REMOVAL OF TOXIC WASTE IN EAST OVERTOWN/PARK WEST
REDEVELOPMENT AREA AND FUTURE HANDLING OF THIS ISSUE IN CITY CONTRACTS.
Mayor Suarez: Item 33, Removal of toxic waste, Southeast Overtown/Park
West
Redevelopment Area.
Vice Mayor Plummer: That's Dawkins.
Commissioner Alonso: It's thirty-five.
Commissioner Dawkins: Thirty-five. No problem.
Mayor Suarez: Thirty-five rather. How come you left me two of
those
circulars in my house? What, do you go to the back door and the front
door,
and you try to hit me all directions, right?
Unidentified Speaker: I wanted to make sure you see it.
Mayor Suarez: OK, I sure did. Every time I came out the door, I saw
it -
regardless of which door I used. Herb, how are we doing on that? Is that you
that wanted that report?
Commissioner Dawkins: I want somebody over there to tell me.
Mayor Suarez: Yes. Who wanted to...
Mr. Herb Bailey: I'll start it off.
Mayor Suarez: How are we doing on it?
Mr. Bailey: We are requesting that we can proceed to sell those cases whereby
we can negotiate a sale of purchase of a property, and if there are conditions
involving pollution, that we take legal remedies after we do the settlement,
for a variety of reasons. One of the most pressing reasons, is that now the
speculators are really running havoc in the Overtown area, not the Park/West
area, and they are buying properties, taking advantage of our slowness in and
getting to the owner to try to make a deal with the property. We have become
very much aware, and not just in Overtown/Park West, but in all the properties
that we have now in the City that the matter of pollution is a very serious
one that we have to remediate in some sort of way. So we have been working
with the Law Department to come up with a way in which even though we purchase
a property, and that at some later date, or even at the time of settlement we
find that there is a problem with pollution, that we can continue to settle on
145 December 6, 1990
_ the property and then reserve the rights to go after the cause of the
pollution, or the owner of the property, at the time the pollution is
discovered. We have also, and I'll let the Law Department address that, come
up with a way in which we can go after State funds to help defray the cost of
some of those properties that we may find that have some pollution on them.
As was indicated, and I read Commissioner Dawkins' memo, is the same condition
that we went into condemnation. We would condemn the properties and we would
be obliged to purchase the properties without any regards to the pollution in
the property, and if we found it, we would then have to go back and make the
correction, and we will still have the redress. So we are asking for the same
flexibility in purchasing those on negotiated sale, because it is slowing up
our process, and what it will do in the long run, it will cost us much more
than it would have cost us if we could go ahead and compete with the
speculators who are going out and buying these properties from the private
owners. So we have recommended some wording in a motion that I think each one
of you have, that would sort of address the problem that we are trying to
solve. And I think it's in your package, and it's a resolution that simply
says, we want to authorize the City Manager to acquire properties for
development within the project area, and I am paraphrasing, with the
understanding that environmental remediation, if any required, will be
negotiated between the City and the successful bidder. Furthermore, the City
of Miami may or may not remove all the hazardous substance on property
required, but reserve the right to pursue legal action against the property
owners who may have caused and/or contributed to the hazardous soil condition,
including not, but not limited to ground water contamination. For
reimbursement of all costs used to rectify the hazardous condition. We will
in every effort try to recover as much of this cost as we can through the
other courses of action available through the State and Federal government.
Commissioner Dawkins: What does the Law Department have to say?
Ms. Linda Kearson: State of Florida has two programs in effect now, which
would reimburse the City of Miami for any cost incurred in the removal of
toxic waste. One program was just passed this past June by the State
Legislature. The application have to be submitted to the State of Florida by
March 1991. I would suggest that we explore these programs to make sure that
the reimbursement would be made available to the City, because it could be
very costly. Secondly, I'll suggest that we have an environmental assessment
done beforehand to determine the extent of any contamination.
Commissioner Dawkins: Mr. Mayor, and fellow Commissioners, let me read from
my memo. By copy of this memorandum, I am requesting that the City of Miami
have legislation ready for the November meeting to do what we are talking
about doing. Where is the legislation?
Mr. Bailey: I just read the resolution, Commissioner, it is a part of the
packet.
Commissioner Dawkins: Well, the City, well all right, where is it where with
the Law Department sign off on it Mr. Bailey, to give it to me?
Mr. Bailey: Yes. She has it, I have a copy of it here. It is a resolution.
Mayor Suarez: OK. I need to see that myself. Did we receive that already?
Commissioner Dawkins: No.
Mr. Bailey: It's in your a packet.
Commissioner Dawkins: What packet? It's not in mine.
Mayor Suarez: Not in this one here.
Commissioner Dawkins: Not in this one, Mr. Bailey.
Ms. Kearson: On the agenda, it's just a discussion item.
Mr. Bailey: Right. It's a discussion.
Commissioner Dawkins: On the agenda, my memo says, right here, Madam City
Attorney. By copy of this memorandum, I am requesting that the City of Miami
have legislation ready for the November meeting to do all these thing that you
and Mr. Bailey just discussed.
146 December 6, 1990
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Mr. Bailey: Yes, we have it, Commissioner.
Commissioner Dawkins: See, you have it, the Law Department does not have it,
and we don't have it, Mr. Bailey.
Ms. Kearson: No, we have a copy of it. Commissioner, we have a copy of it,
but we wanted to contact the State to find out exactly what programs were
available to us. We only received the information from the State yesterday,
so that's why there is not an executed resolution before you. Before we could
approve this resolution, we want to make sure that there were monies available
to the City of Miami for reimbursement, because it could be very costly.
Secondly, what is being proposed is that a subsequent owner, or a developer of
the property be responsible for the clean up. While a contract may allow for
that, the City would still be liable for that clean up, if we are in fact an
owner of the property. So the Law Department was attempting to find out
exactly what course of action we could follow to make sure we have as little
liability as possible.
Commissioner Dawkins: So in other words, if the State of Florida have no
money, we will not buy no land, because we cannot clean it up?
Ms. Kearson: No, I'm not suggesting that, I am just saying to you, we want
it.
Commissioner Dawkins: No, I'm asking, no, no, no. I am asking for
clarification for myself.
Ms. Kearson: Well, that's for the Commission to decide whether or not you
want to proceed with clean up, or not.
Commissioner Dawkins: OK.
Mr. Bailey: Are you directing the question to the Law Department, or to the
administration?
Commissioner Dawkins: To anybody who can answer it.
Mr. Bailey: No, that's not the case if there is no program in place, for
which that is not the case. We will... we are obligated under the plan to
proceed with the acquisition of the property. We also have an obligation to
pursue whatever legal remedies we can to have those properties cleaned up, if
not, we have to be responsible for cleaning up ourselves. We have done this
in the past, it's just that now that, we have become much more conscious of
potential pollution problems, and we are putting it into the contract before
we conclude the settlement. And what I am saying is that we will still pursue
that, but we don't want to have the settlement held up, because we may find
that some of the properties might be contaminated. Mainly because the
speculators are going to property owners and they are buying them. And I can
tell you what they intend to do, they intend to...
Commissioner Dawkins: Well, that was my concern, Mr. Manager... Mr. Mayor,
and that's why I brought this before this Commission.
Mayor Suarez: OK. One way in which this is done in the private sector, and I
am wondering why we just don't do that, it's very simple, and of course, this
assumes that we are going to buy any of this property, which is another issue
which has to yet be discussed, but if we are going to buy a property in the
private sector, you put a clause that says, that prior to the closing, the
property has to be examined and guaranteed by the seller, the current owner of
it, to be free of contamination, period.
Ms. Kearson: That's one suggestion.
Mayor Suarez: I've got no problem agreeing to resolve right now to that. All
that says is you know, that's the responsibility of the seller. It is built
in to the negotiations...
Ms. Kearson: But that's not what's...
Mayor Suarez: ... certainly prior to a closing.
147 December 6, 1990
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Mr. Kearson: ... being proposed.
Commissioner Dawkins: That's right. That's not what's being proposed. What
am proposing is this, and if you all are going to let me tell you, I am
going to tell you. And that is, ever since you started acquiring that land
that was owned by Black people, it has been speculated on, and no Blacks have
ever made a penny out of it. Now, Commissioner Alonso brought out a very
important fact this morning. A lot that we need for a park, the owners want
four fifty-five thousand dollars for a lot. We have to purchase that lot,
because we promised to do a park there, we have no choice. Now, since we have
been haggling here, and Mr. Manager, get from the County... the County has a
list of all the people who have bought land in Overtown in the last two years,
and you will see that the same people are purchasing land to speculate. And
the same way, Mr. Tom Post bought a piece of property in Overtown, and paid
fifteen thousand dollars ($15,000) for it, and we condemned it, and he went to
court, and the court made us pay him a hundred and fifty thousand dollars
'$150,000) for a lot he paid fifteen thousand dollars ($15,000) for, we are
running into the same thing. Now there is no reason why the City of Miami
cannot buy the land while you can. Land has a premium, it's not going no
place, the only place the price can go, is up. And if we allow the
speculators to obtain this land with or without contaminants, when you are
ready for it, you are going to pay that speculator's price, plus the clean up.
So I would like for this Commission to take a stand, I don't care which way it
is, but let everybody know that Black people are not obtaining any of that
land, they don't have any money to speculate for, and if the City of Miami
does not acquire that land and hold it, the people whom you want to benefit
from this, won't.
Mayor Suarez: Mr. Manager, if this Commission were to tell you that what
concerns is precisely what Commissioner Dawkins has referred to as the
constant buying of land that has contamination in it, and complicated further
by the fact that people seem to know in advance where we are going to buy
land, and therefore they Jack up the price, or they further purchase it in
speculation of our wanting to purchase from them, what would you... are you
prepared today to give us advice on how to deal with those two problems? I
think one is really unrelated to the other, but maybe they are related, I
don't know, and is this something that we can act on today? I have a feeling
that by a broad directive that this resolution, as I just looked at includes,
we are actually going to hurt our ability to buy the land the inexpensively,
because we are saying go out there, and sort of look to acquire a bunch of
different lands, and look to clean them up in advance. Whereas I would just
like to do on the contamination side, simply put a provision, which we should
have been putting all along, in fact, we said that, that says, before we buy
it, you must have it free of contamination, and actually, have we ever even
tried to establish that contamination reduces the market value of it in the
condemnation process? Why has that not ever been brought into it?
Mr. Bailey: No, Mr. Mayor, we are asking... I understand your point, and we
have one...
Mayor Suarez: My question Herb, I am sorry to tell you, is directed at the
Manager. I want to know what his recommendation is. He is the one that we
put in that position, I want to know what his recommendation is to deal with
these two issues.
Mr. Odio: This resolution, as I read it here, will cover... the resolution
authorizing the Manager to acquire property for development within the
Southeast Overtown/Park West Redevelopment area, with the understanding that
environmental remediation is any required, will be negotiated between the City
and the successful bidder. That will cover that because...
Vice Mayor Plummer: That's not what Dawkins was saying.
Mayor Suarez: No. All that says
acquisition by condemnation, you
land is not specified on the...
agreement? We are not specifying i
acquire, are we?
Ms. Kearson: No, we are no.
Mr. Odio: No. We are not.
is what you always
always negotiate, you
right, Madam City
n this resolution what
do in any kind of an
always acquire, the
Attorney, are we in
land we are going to
148
December 6, 1990
0 0
Mayor Suarez: All right, so the rest which you just read is just what
condemnation is like, friendly taking.
Vice Mayor Plummer: Is this any different than when you buy a home under
State Statute now, you have to have a termite inspection? - and demonstrate.
Mayor Suarez: I don't think it's all that different. I think it's a matter
of building it in.
Vice Mayor Plummer: You have to have a roof inspection.
Mayor Suarez: And it's prior to closing...
Vice Mayor Plummer: Has to be free.
Commissioner Alonso: Sure.
Mayor Suarez: ... you always put it in, prior to the closing, you put it
right into the contract. They shall be... assure us that it is free of
contamination. I would have no...
Vice Mayor Plummer: Or, owner is subject to any cost involved to make it so.
Mayor Suarez: Exactly. He... sometimes he has that option, or sometimes he
must clean it up, sometimes he has the option of pulling out of the contract
at that point.
Mr. Odio: I see no problem in putting in language that would say that the
seller is responsible for the contamination.
Ms. Kearson: That's the way our agreements read now. That if contamination
is found, that the seller is responsible for clean up, or the City will reduce
the contract price. The problem is, we have properties out there with
contamination, the cost of which to remove far exceeds the amount of the
contract. And in order for us...
Mayor Suarez: We don't buy them.
Vice Mayor Plummer: Then forget it.
Ms. Kearson: Well, that's the problem.
Mayor Suarez: Why will we buy land that the cost of cleaning it up is more
than the cost of acquiring?
Ms. Kearson: But that's what is...
Mr. Odio: Well, we are committed to buying...
Ms. Kearson: State programs.
Mr. Odio: ... certain properties.
Mayor Suarez: That's what I was afraid you were going to say. How do you
mean, buy... what do you mean by that? We are committed to buying what
property?
Commissioner Dawkins: OK. If you... I am going to ask the hypothetical
question. If you do not buy it, and the owners abandoned it, whose property
does it become?
Mayor Suarez: Might ultimately be ours anyhow.
Commissioner Dawkins: And who has to clean it up?
Vice Mayor Plummer: They do.
Commissioner Dawkins: They, who? - they abandoned it.
Ms. Kearson: The owners have to clean it up.
149 December 6, 1990
I
N.
Vice Mayor Plummer: They, the owners, or we send in lot cleaning, and then we
charge them a bill, and if they don't pay it, we put a lien on the property.
Commissioner Dawkins: We've already got the property, because they abandoned
it.
Vice Mayor Plummer: If they abandoned it, then it's ours, I assume - sold for
tax liens.
Commissioner Dawkins: And then we have to clean it up.
Vice Mayor Plummer: Mr. Bailey, would you do me a favor?
Mr. Bailey: Yes.
Vice Mayor Plummer: On the northwest corner of NW Znd Avenue in 6th Street,
is a sign that is embarrassing to me and I believe to this City. There is a
sign that says, this will be the... is it the Sawyer?
Mr. Bailey: Odessa site.
Vice Mayor Plummer: The Odessa site, "occupancy by summer of 189." Would you
please take that sign down.
Mr. Bailey: We will.
Vice Mayor Plummer: It's one more promise made, no promise kept. And I don't
need to be reminded every time that I go by that sign that we did not comply
with summer of '89.
Mr. Bailey: OK.
Vice Mayor Plummer: Would you please either change it, or something, because
it is embarrassing to me, and I am sure to my colleagues.
}
Mr. Odio: Let me go back to what Commissioner Dawkins is really asking. Can
we not remove toxic materials from land, and then go back after the owners
that polluted the land? - that's the question that I see is the key question
here.
Vice Mayor Plummer: If it's in the agreement that they signed...
Mr. Odio: No, no, no. You are missing... We are not... let's say that we
know that there is a corner lot that we are not buying but we know it has
contamination in it, right? If we know that it is contaminated, and we know
who did it, why can't we not have it cleaned, and then go after whoever
polluted that land. That is the question is asked.
Vice Mayor Plummer: Why should we be put in that position as a buyer?
Mayor Suarez: Exactly.
Vice Mayor Plummer: Put the monkey on the back of the seller.
Mayor Suarez: Exactly.
Mr. Odio: I am not saying... we might not be even willing to buy that
property. But why are we not able to enforce people that polluted the land,
why can't we not go as a City, after them?
Vice Mayor Plummer: That's why the County has an agency called, DERM
(Department of Environmental Resources Management), that is their
responsibility to do it. Let DERM do it.
Mr. Odio: That's what the key question is here. Why should we not go and
clean it, and force somebody to pay for it.
Commissioner Dawkins: No, leave it...
Mr. Odio: No?
ISO December 6, 1990
Vice Mayor Plummer: Well because a lot of times, you don't find out until you
start drilling.
Commissioner Dawkins: Leave it alone, OK? Listen to me closely, you and Mr.
Bailey. Leave it alone, OK? Now, when we really need it, and the City has to
purchase it, then I will tell the owner that purchase price for the City is,
clean up, plus your profit - and see what you're going to do then. You're
still going to clean it up.
Mayor Suarez: If we have no committed purchases, all of this is academic, we
just build in...
Mr. Bailey: It is not academic.
Mayor Suarez: We just build in to our agreements that contamination has to be
resolved by the seller, and we can do that at any time, including as soon as
the next Commission meeting, if anybody wants to look at the resolution, or
now. I£ however, we are committed to buy certain properties, we've got a
major problem, we've got a philosophical problem, and I hope that that was a
misstatement by you, Mr. Manager.
Mr. Odio: I understood that there are certain areas of... redevelopment area,
that we are... that's what I was trying to... that we are going to have to buy
in the future.
Mayor Suarez: Maybe, or maybe not.
Mr. Odio: Well, it's up to you.
Mayor Suarez: Because this Commission is going to have to look at that whole
redevelopment, and decide where it wants to buy. Contamination is going to be
a factor.
Mr. Odio: That's correct.
Mayor Suarez: If it turns out...
Vice Mayor Plummer: Well, wait a minute, hold on. Isn't DERM charged with
the responsibility of hazardous waste?
Mr. Bailey: We are...
Vice Mayor Plummer: Why wouldn't the City send people... or ask DERM to go
into those lots there today, and enforce that code?
Commissioner Dawkins: I asked... I wrote them a letter, I asked them to do
that, and they told me, that was not their responsibility. It was in the
City, and it's ours. I will give you a copy of the letter I received from
them.
Vice Mayor Plummer: Yes, good old County.
Commissioner Dawkins: That's right, DERM.
Vice Mayor Plummer: Christmas every day.
Mr. Bailey: What we are asking here is not to escape the responsibility, or
have the owner escape the responsibility of paying for any clean up that we
find on property that we buy. I also would like to indicate that, when we buy
a property, we do have it tested. And we do indicate in there that the owner
will be responsible for clean up. The only thing I am trying to do now is to
be able to consummate the sale before that owner goes and sell it to someone
else, and then they take us to condemnation court for which we then have to
pay their attorney, and then we still hold the responsibility for the clean up
with the owner, or the cause of the pollution. That's all we are trying to
do. We will get it cleaned up.
Vice Mayor Plummer: Herb, what we are trying to tell you, we'll go along with
that, but instead of waiting, do it prior to. Make it a...
Mr. Bailey: You can't do it until you have ownership. You cannot go into a
private property on a suspicion, and then have it tested.
151 December 6, 1990
Vice Mayor Plummer: No, no, no. The owner wants to sell. What we are saying
is, before we buy, Mr. Owner, you have the testing done to show to us when we
sign and give you a check that it's toxic free. That's all we are saying.
Mr. Bailey: We do that. We'll do that and even if it's polluted, I'm saying,
we will go through the clean up process with the owner or with us, but we want
to close the deal and take title to the land, because it further pollutes the
neighborhood. I'll give you a perfect example, the one that brought this to
our attention. Mr. Sawyer's property on the northeast corner of 2nd and 8th,
which is an old filling station. We have had it tested, level one testing,
and we have found out that there is severe contamination there because it was
at one time a filling station with soaked pit, and we had to go through a
further testing to see if there is ground water contamination. That property
which is across the street directly impacts...
Mayor Suarez: OK. The only thing I am willing to do...
Mr. Bailey: ... on a nine million dollar ($9,000,000) investment that was
made directly across the street which the owner would like to have that
removed because it is impacting, and on the people who come in to buy the
units. And we have already committed from this Commission, and to our bond
holders, who we just the bonds, that, we will buy those properties that
encompass a historic district. We have to remove that property.
Vice Mayor Plummer: Well fine. We'll buy them, but we are going to buy them
hazardous free.
Mr. Bailey: Well, you can get it hazardous free. We will buy it and clean up
the hazardous condition. We will not be permitted to build on it until that
hazardous condition has been removed.
Vice Mayor Plummer: But I'm saying, don't buy them until that is done.
Mayor Suarez: Absolutely.
Mr. Bailey: If I don't buy it, then someone else will probably buy it, and
then we will not...
Mayor Suarez: Well, fine. We'll shake their hand, and...
Mr. Bailey: Yes, but I can't do that when someone else across the street has
put a nine million dollar ($9,000,000) investment in front of it, at our...
Mayor Suarez: That is yet to be discussed, Herb, if you can't do that.
Mr. Bailey: Well, we will discuss it Mr. Mayor, but I am just trying to get
now to a point that we can move forward on a situation that we have to contend
with.
Mayor Suarez: Contamination, as far as I am concerned, gets resolved by
putting in all the provisions, and all the agreements with any sellers, and
hopefully, even building into the condemnation proceeding itself. The fact
that it's a seller, it's got the responsibility to clean it up, pay for it,
before we get the land. It's very simple.
Commissioner Alonso: Yes. I have a question. Are we giving a special
treatment to Camillus House, even though in June 7th, we said that we were
going to require that they clean the property, and the City of Miami will not
be responsible for any toxic waste?
Mr. Bailey: We are just paying for half of the testing. I think in their
agreement they've committed themselves for the clean up of contamination if
it's found.
Commissioner Alonso: Hundred percent of it?
Ms. Kearson: One hundred percent.
Mr. Bailey: Yes. If it's found... however, we have already closed the deal,
and that's the only thing we are trying to do with the rest of the properties,
it's the only thing we are trying to do to make sure that this Commission
152 December 6, 1990
0 0
understands, and that's on any property that we buy anywhere in the City.
It's not just...
Commissioner Alonso: What do you mean... are you saying that they understand,
and it is clearly stated in the agreement?
Mr. Bailey: Yes, it is.
Vice Mayor Plummer: Yes, that was one of the hang ups.
Commissioner Alonso: OK.
Mr. Bailey: That's all we are trying to do with all the properties, because
if we don't do that, it is going to become so costly in the future for us to
go through condemnation for some of these properties, we just won't be able to
buy them.
Mayor Suarez: If Madam City Attorney, and Mr. Manager, if what this intends
to do, is to clarify that we will not buy property, but for a clear obligation
of the seller to eliminate all contamination, then I have no problem in voting
for it. If it means anything...
Mr. Bailey: That's not what...
Vice Mayor Plummer: It's the same thing, if you buy a piece of property, you
want it lien free.
Mayor Suarez: Exactly.
Mr. Odio: It does not mean that we are going to buy any other properties now,
or we are committed to buy any property at this time.
Mayor Suarez: If it means that we are going to do a sort of global attack
here to try to eliminate contamination form a huge area because we have this
preconceived idea, that that's what we ought to develop, Overtown/Park West,
then I vote against.
Mr. Odio: No, that's not...
Mayor Suarez: All right.
Mr. Bailey: I'm not clear as to what you're making, because...
Mayor Suarez: I'm pretty clear, and I think the Manager understands how clear
I am.
Mr. Odio: The intention... I understand clearly.
Mr. Bailey: But that's not what we are proposing. So, that's a of
what we are proposing.
Mr. Odio: The intention of the Commission is that we... if we buy any
properties, that the owner selling the property will be responsible for
removal of toxic waste. That is my understanding of the intention of the
Commission is, and that's fine with me.
Mayor Suarez: And if you want to make that into a form of a motion and
produce a resolution to that effect, either today, or at a later time, either
way, it's fine with me.
Mr. Bailey: I'll like to have a clarification. Did you say, prior to? -
because I'll like to point out, what's the difference in what we are doing
with Camillus House and what we are doing with any other properties that we
may buy?
Vice Mayor Plummer: I'll tell you what it is.
Commissioner Dawkins: Camillus House is in the White neighborhood, and you
are dealing in the Black neighborhood. That's the difference.
Vice Mayor Plummer: How do you figure that Camillus House is a White
neighborhood? You haven't been up there recently. Mr. Bailey, the difference
153 December 6, 1990
is, in the Camillus House and other transactions if in fact, hazardous waste
has been found, we have already paid them for the property, and in most cases
it is going to be a fight to get them to come up with the money to pay for the
removal. What we are saying in advance is, don't pay them until we have the
results of the test.
Mr. Bailey: That's not what the contract says.
Vice Mayor Plummer: What contract?
Commissioner Dawkins: Mr. Bailey: Camillus House is owned by White folks,
White folks get what they want. Mr. Sawyer's property is owned by a Black
man. Mr. Sawyer, we'll clean up Camillus House because they are over there in
that neighborhood and who they are, you all go ahead and let Mr. Sawyer clean
up his property. You can stand up there and argue until you get, like this in
the face, you're just wasting your time.
Mayor Suarez: All right, understood as such, I'll entertain a motion for a
resolution to be produced at a later time that adjust to it, or we will just
move on to the next item.
Commissioner Dawkins: Move to the next item.
Mayor Suarez: OK.
Vice Mayor Plummer: Deny what?
Commissioner Dawkins: Move to the next item, it's my...
Vice Mayor Plummer: Oh, that's fine.
Mayor Suarez: If there is no consensus, if nobody makes a motion, I will move
to the next item.
Commissioner Dawkins: Move to the next item.
NOTE FOR THE RECORD: At this point, agenda items 36
and 37 were withdrawn.
------------------------------------------------------------------------------
55. (A) DISCUSSION CONCERNING CHARLEE PROGRAM FACILITY AT 2915 S.W. I
AVENUE (ADULT CONGREGATE LIVING FACILITIES, NURSING HOMES,
FOSTER HOMES, COMMUNITY BASED RESIDENTIAL FACILITY.
(B) STIPULATE THAT HOURS OF OPERATION FOR SIMPSON PARK AND ALICE
WAINWRIGHT PARK SHALL BE FROM SUNRISE TO SUNSET - STIPULATE THAT
ANYONE FOUND IN THE PARKS BETWEEN THOSE HOURS WOULD BE
APPREHENDED FOR TRESPASSING AND DEALT WITH ACCORDINGLY.
------------------------------------------------------------------------------
Mayor Suarez: Item 38.
Commissioner Dawkins: Oh, I'm sorry. I put that on because the neighbors
wanted, some neighbors wanted to discuss it. Where are the neighbors who
wanted it discussed?
Vice Mayor Plummer: All of those with yellow buttons.
Commissioner Dawkins: No, those are not the ones who requested to discuss it.
They are the ones who requested to go in the other way.
Commissioner Alonso: And this is a very important topic.
Commissioner Dawkins: OK.
-` Vice Mayor Plummer: Mr. City Attorney.
f
,i
154 December 6, 1990
10
Commissioner Alonso: And a dangerous one for the City.
Vice Mayor Plummer: Would you bring me up to date, and maybe my other
colleagues. It is my understanding... I'll ask you to tell us what legal
authority this Commission has in approval or disapproval. I think this matter
also went before the Zoning Board, if I am not mistaken.
Commissioner Alonso: No.
Vice Mayor Plummer: It did not? Did it go before any Board? OR. So what I
guess then, the bottom line I am asking you, is why what is... what legally
can this Commission do, or not do on this matter?
Commissioner Dawkins: And what... that's the reason it's here, J.L.
Vice Mayor Plummer: OR.
Commissioner Dawkins: The individuals came to my office and I tried to
explain to the individuals that the State of Florida had regulations, and
those regulations superseded those of the City of Miami.
Vice Mayor Plummer: Well, I told them the same thing at their meeting over
there.
Commissioner Dawkins: So I'll say... but the only way that we can get this
put behind us once and for all, come to the City Commission Chamber, and let's
all here what we have to say, and get it resolved, so that we don't have to go
from Commissioner Officer, to Commissioner Office, and don't know what is
being said.
Mr. Earl Wiggins: Commissioner Dawkins, those people that you met with... by
the way, my name is Earl Wiggins, I am the president of the Miami Roads
Neighborhood Civic Association. We met with these board of directors that
came to you, and we've decided to come with them and speak on this issue.
Commissioner Dawkins: Well, they said you were coming with them.
Mr. Wiggins: Right. And I will like to speak first.
Commissioner Dawkins: OR then.
Vice Mayor Plummer: Could I ask for an answer to my question?
Mr. Joel Maxwell: Thank you, Mr. Plummer. The issue before you is one that
is raised by the zoning administrator regarding an interpretation of a
resolution that was previously approved by this City. And the question is
whether or not, as I understand it, the issue is whether or not, they are in
compliance, Charlee Program is in compliance with the resolution that was
previously approved. That's the issue before you now. As you know, State law
was changed two years ago regarding Charlee... adult, congregate living
facilities, and nursing homes, and the such, and there is a bifurcated program
that the State have established. But the bottom line is that these programs
still have to comply with zoning regulations of the various municipalities,
depending on the number of clients that they have in them.
Vice Mayor Plummer: This present application before us, is it in compliance,
or it's not?
3 Mr. Maxwell: Well, that's a determination that has to be made after the
presentations are made, but my understanding is, that there is a question as
to whether the clients will be living in one facility, or they will be
dispersed among several facilities, and that's what you need to hear facts on
now. So now, if they are in fact are dispersed among several facilities, then
it very well may be determined by this board that they are not in compliance.
Vice Mayor Plummer: Has there been an application, or is there... with under
the State Statute, an application to be made to the City? How would we know
whether they are complying with our zoning ordinances?
Mr. Maxwell: There is no requirement for notification at this particular
point. I think they have already been given approval.
155 December 6, 1990
Vice Mayor Plummer: By who?
Commissioner Dawkins: The State of Florida.
Mr. Maxwell: City gave them approval.
Vice Mayor Plummer: On what premise? On a licence, on a permit, or what?
Mr. Maxwell: I will let Planning Department answer that.
Commissioner Alonso: If they have only six or seven people, seven I think is
the maximum, right?
Mr. Sergio Rodriguez: Let me try to clarify this. This is not before you
today at all for your approval.
Commissioner Dawkins: That's right.
Mr. Rodriguez: There is no action that had been taken that have been before
you. There is no appeal, or interpretation of the zoning administrator. The
only reason it is before you, is because Commission Dawkins asked this to be
brought up today as a personal appearance for discussion only.
Commissioner Dawkins: For a discussion item only. So that the everybody in
the neighborhood would have an...
Mr. Rodriguez: Opportunity.
Commissioner Dawkins: ... idea of what is what.
Mr. Rodriguez: Right. At this point...
Commissioner Dawkins: This was not to OK no plans, this was not to contest
anything, or approve anything, it's just that there was confusion, not
confusion, disagreement of what was actually legal, J.L. what the State of
Florida could do, and what the City of Miami can do. I said, the only way for
you to know is come and let these two experts explain it to you, and then they
are on their own.
Mr. Rodriguez: Yes. What happened was, that there was a letter that we
received from Mr. Manne, that asked Mr. Genuardi, what kind of facility will
this be considered under. Mr. Genuardi answered back... they were trying to
come as a Charlee House, and a Charlee House was established before by a
decision of this Commission that will be accepted in any area if it was, and
it was considered a foster home. In this particular situation, my
understanding is that the people...
Mayor Suarez: Do we make a finding to that effect, or do we just...
Mr. Rodriguez: Yes, you did.
Vice Mayor Plummer: On Bayshore Drive.
Mr. Rodriguez: On Bayshore Drive, you overruled I believe, the interpretation
by the zoning administrator about two, three years ago.
Mayor Suarez: But I didn't believe that we made a finding. We were to told
that this was basically the state of the law, and that was pretty much all
that we could do.
Vice Mayor Plummer: No, the law was changed after that.
Mr. Maxwell: That would have been before the change.
Mayor Suarez: No. The state of our own zoning code then.
Mr. Rodriguez: No. If I remember correctly, in 1987, there was an appeal of
an interpretation that was made by Mr. Genuardi, and I believe that in coming
before you, there was a decision made by this Commission.
156 December 6, 1990
40 4
Mayor Suarez: And the interpretation by Mr. Genuardi, was that Charlee House,
whatever you call it, facility, was proper in that zoning classification. No?
Mr. Genuardi, how am I wrong in that?
Mr. Rodriguez: On the contrary.
Mr. Joseph Genuardi: No, my interpretation was that it fell under CBRF, and
not a foster home.
Mayor Suarez: Which meant?
Mr. Genuardi: And that was appealed.
Mayor Suarez: It sounds like a big pit in the ground, CBRG.
Mr. Genuardi: Community Based Residential Facility.
Mayor Suarez: Right. And?
Mr. Genuardi: Which has to go through public hearings to be established in
any hearing.
Mayor Suarez: Well there was certainly a public hearing here.
Mr. Genuardi: But they appealed that, and said, this is not a community based
residential facility, but a foster home. We have a married couple taking care
of foster children.
Mayor Suarez: And we were convinced that that was not... that it didn't fall
into CBRF but it was a foster home.
Mr. Rodriguez: Right, that was your decision at that point. So the question
was at this point, with this new facility, these people are also from Charlee
House, and they will like to fall under that kind of requirement, so they
asked the...
Mayor Suarez: Are they similar to this other one that we dealt with a few
years ago? I didn't think they were.
Vice Mayor Plummer: Not in numbers.
Mr. Rodriguez: Not anymore. When they started, they were saying that they
would convert an apartment building that I believe has five apartments.
Mayor Suarez: The name itself, tells you something. Charlee House. You are
thinking of a house, you are thinking of single family residential home.
Commissioner Alonso: This is a building.
Mayor Suarez: And you're talking about a building here, it's not even a
house, it's not Charlee House, it's Charlee Building.
Vice Mayor Plummer: Well, you have one other problem. They have already
started to acquire other property contiguous to theirs, for expansion.
Commissioner Alonso: That's the most dangerous precedent.
Mayor Suarez: It's Charlee Complex then, Charlee Complex, not Charlee House.
Mr. Rodriguez: So the interpretation that... the answer that Mr. Genuardi
gave them back was, that if they were to come with six residents only, they
will be under the new law that have been passed by the State, by which the
t City doesn't have any participation whatsoever. We are just notified as to
1 the location, and the facility, in the case of a multifamily like this, can
only be... excuse me? - depending on the number of residents, if it is less
a than seven, like in this case, six, as I mentioned before, then...
Mayor Suarez: If it's less than?
Mr. Rodriguez: Than seven.
Mayor Suarez: Per?
157 December 6, 1990
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Mr. Rodriguez: Per facility.
Mayor Suarez: OK.
Mr. Rodriguez: If it is six, or less, and it is located in a single family
area, then the only requirement that we have in that particular case is, that
it cannot be closer than 500 square feet... no excuse me, it cannot be closer
than 1000 feet from another facility, that's all. In this particular case...
Mayor Suarez: So you could have little homes with six residents...
Mr. Rodriguez: Right.
Mayor Suarez: ... being supervised, and monitored, or treated, whatever, as
long as each one of those little houses in a single family residential area
are no less than, how many feet from each other?
Mr. Rodriguez: One thousand.
Mayor Suarez: OK. This is not at all what this other thing sounds like.
Mr. Rodriguez: So that's the way they started approaching the process. Now,
because they are in a multifamily area, the requirements from the State law
that have been reflected in the City, tells you that you cannot be closer than
500 feet from a single family area, if you have seven to fourteen children,
and you cannot be closer than 1200 feet form another facility. After we gave
them that reading, the proposal that the person that was inquiring from
Charlee House was, that they will like to have six residents for this
facility. If they have six residents, the City has no review process on this,
the only thing they have to do is basically apply for a building permit, and
there is no zoning information that is involved in this.
Vice Mayor Plummer: But if there are two facilities, don't those two
facilities have to be 1200 feet apart?
Mr. Rodriguez: If there were, but if they were to combine all those
facilities into one unit... if they were to demolish the walls between the
buildings and make it into one facility, and have six residents or less...
Vice Mayor Plummer: Wouldn't they have to replat?
Mr. Rodriguez: Replat a building?
Vice Mayor Plummer: Wouldn't they have to replat the property, because I am
assuming...
Mayor Suarez: If they connect two properties, they don't have to replat?
Mr. Rodriguez: No, it's one building.
Vice Mayor Plummer: If the second property is a second legal description...
Mr. Rodriguez: It's one building, it's an apartment building.
Vice Mayor Plummer: On one lot, or multiple?
Commissioner Alonso: No, it is one building, there are several units.
Mr. Rodriguez: It's one property, Commissioner.
Vice Mayor Plummer: Oh, it's one...
Commissioner Alonso: ... building, several units.
Mr. Rodriguez: It's an apartment building that has five units.
Vice Mayor Plummer: OK, but I am told, if I am wrong, tell me, that they are
trying to acquire an additional building.
Mr. Rodriguez: I don't know that part.
158 December 6, 1990
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Vice Mayor Plummer: OK, and if they acquire a second building, or second
contiguous piece of property, doesn't that constitute the 1200 foot? - is that
required?
Mr. Rodriguez: Well, at the point in which they have more than six, they get
into another set of laws.
Vice Mayor Plummer: No, but they're going to put six in each building.
Mr. Rodriguez: At the point in which... no, then you have the distance
requirements that will be triggering.
Vice Mayor Plummer: Wouldn't that itself stop the expansion?
Mr. Rodriguez: Within that particular area.
Vice Mayor Plummer: That particular application.
Mr. Rodriguez: Application, yes. That's our understanding at this point.
Vice Mayor Plummer: So they are going to put... let me ask you this. Have
you talked with the Charlee people?
Mr. Rodriguez: Mr. Genuardi has.
Vice Mayor Plummer: OK. Is it my understanding what they are going to do is
to take over a five unit apartment and put seven kids in it?
Mr. Rodriguez: Six.
Vice Mayor Plummer: Six.
Mr. Genuardi: That's the last word I got from them, yes.
Vice Mayor Plummer: Now, is that a maximum?
Mr. Genuardi: That would be a maximum, yes.
Vice Mayor Plummer: They cannot put more than six in a five unit apartment?
Mr. Rodriguez: If they put more than six, they would be triggering themselves
into another level of review.
Vice Mayor Plummer: By this Commission?
Mr. Genuardi: No. If they want seven to fourteen, that puts them into a
different category, and then they have to be 500 feet from the single family
residence, which they are not, they less than 500 feet away.
Vice Mayor Plummer: So in other words what you are saying at this present
time, the maximum they can have in five unit apartments, is six people?
Mr. Genuardi: That's correct.
Vice Mayor Plummer: Does that include the so called, foster parents?
Mr. Genuardi: No.
Vice Mayor Plummer: So it's the foster parents...
Mr. Genuardi: Plus six children.
Vice Mayor Plummer: ... plus their children? No, wait a minute, excuse me.
Mr. Genuardi: And plus six.
Vice Mayor Plummer: I think this one down here has a man and wife, and two of
their own natural children, plus other children. Are you telling me now that
we are speaking of a man and wife who are the foster parents, six outside
children, but also the natural children, if there are any?
Commissioner Alonso: I hope they don't have a family as the Mayor's.
159 December 6, 1990
0 !
Vice Mayor Plummer: What happens... yes, if it's like the Mayor's, one of
fourteen? - then you are talking about twenty-two people, instead of eight.
Mr. Genuardi: We are talking about unrelated, it's up to six. Now if they
have children...
Commissioner Alonso: You're right, then.
Mr. Genuardi: ... it's like in the foster home, a couple can have as many
children as they have, and still have up to eight foster children.
Mr. Maxwell: That's correct. I£ I may, I'd read you the definition of the
word resident, under State law. Resident means any of the following, an aged
person, a physically disabled person, a handicapped person, a developmentally
disabled person, a non -dangerous mentally ill person, or a child as defined in
3901. And then the cap is on six or fewer residents. So I believe you could
have the residents as I defined, plus a family.
Commissioner Alonso: I have one question. Isn't it strange that these people
will use a five unit building to have only six people? To me it looks
strange, I don't know.
Mr. Rodriguez: You have somebody here from, I believe from Charlee, right?
Commissioner Alonso: It looks like a lot of space for only six, so I wonder.
Mr. Rodriguez: Commissioner, you have somebody here from Charlee.
Mr. Wiggins: Mr. Mayor, I would like to go ahead and make my opening
statement where I could... me and my bad back could sit down, and then you
could go ahead and discuss this.
Mayor Suarez: Well, yes. Except, be careful when you tell us about opening
statements and closing statements and middle statements, that we don't cover
all of the ground that has been covered. Let me tell you, I have heard more
in the last ten minutes to elucidate this issue for me, than many, many months
before, because they have done a very good job of explaining it, so don't
repeat everything, please, just tell us how you feel about it, and what
worries you about it, and what you would like us to do about it.
Mr. Wiggins: OK.
Mr. Tony O'Donnell: Excuse me.
Mr. Wiggins: Yes, go ahead.
Mayor Suarez: I am not sure what relevancy, counselor would have on this
Tony, but, so we don't look like we are.. sir?
Mr. O'Donnell: Just factual from Charlee. Mr. Mayor, I am Tony O'Donnell.
Mr. Wiggins: Since August of this year...
Mayor Suarez: Wait, I'm sorry, I just want a point of clarification here. He
is waving his hand.
Mr. O'Donnell: One clarification Mr. Mayor. Tony O'Donnell, 701 Brickell
Avenue. Gary Brooks is the attorney for Charlee. They asked me to come down
this afternoon, and I understand that no decisions are going to be made here
today, but I would like to clarify my... the people have asked me, they are
here to answer questions from Charlee. This is one building...
Mayor Suarez: Fine.
Mr. O'Donnell: ... it will have six children...
Mayor Suarez: No, no, no, fine. At the appropriate time...
Mr. O'Donnell: ... and it will have two foster parents, period. Thank you.
a;
3'
r: 160 December 6, 1990
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Mayor Suarez: ... you can clarify if you want, but they are speaking now,
they asked for this forum, and they have a right to speak. All right.
Mr. Wiggins: Thank you. Since August...
Mayor Suarez: Name and address, and make it short.
Mr. Wiggins: My name is Earl Wiggins, I am the president of the Miami Roads
Neighborhood Civic Association, I live at 416 SW 15th Road, Miami. Since
August of this year, the Board of Directors of the Miami Roads Neighborhood
Civic Association has worked hard to reach a reasonable position on the
questions raised by this program. We have researched, and read about the
Charlee program; the laws which apply to it; the records of the 1986 meeting
on the Charlee House on South Bayshore Drive. Met with Mr. Manne of the
Charlee program, and with City officials of which some were City
Commissioners, and told them of our neighbor's concerns, visited some of the
existing Charlee programs with some of our board members, obtained legal
counsel to explain the legal details of this situation, talked with, and
listen to a wide variety of our neighbors opinions on this issue, distributed
three neighborhood news letters informing our neighbors about this proposal,
held board meetings where we discussed, and debated these problems. In
November, our board voted eight to one in support of Mr. Genuardi's decision
that unlike previous Charlee projects, this proposed project is a community
based residential facility. It is not a foster home. As an experimental new
project, it will demand maximum regulation and control to protect our
neighbors. We want all the laws for CBRFs applied to this program. And at
this time, I would like to thank Mr... I can't pronounce his name right, but
Mr. Armadillo, from the City.
Mayor Suarez: Olmedillo, very close to armadillo, but not the same animal.
Mr. Wiggins: Well I call him that, and he says it's OK, he always answers to
it. We appreciate him coming out to Simpson Park last night and explained the
law from the City standpoint for us, and I'd like to thank all the seventy-
five neighbors who came out last night, and at this time, there are several
other board members who would like to speak on this, and thank you very much.
Vice Mayor Plummer: Can I ask you about the map which you just distributed?
Unidentified Speaker: It's incorrect.
Vice Mayor Plummer: Well I am seeing it, this map is incorrect, because on
what you are showing, I'm counting five different apartments, and you say
there are four.
Mr. Jose Sierra: No, it's five in the building that we are questioning.
Vice Mayor Plummer: Sir, there are five in each building.
Mr. Sierra: No, no. The other one, I crossed it out and put four.
Vice Mayor Plummer: What?
Mr. Sierra: I wrote it in, four.
Vice Mayor Plummer: I know you wrote four, but I see five individual...
Mr. Sierra: That was wrong, because I got this information from a neighbor
that said that said it was five, and I counted five, and they said it was
only four apartments, so I scratched it out and put four apartments. It's
four apartments in this building next to it, but the building that we are
talking about is five apartments, 2915.
Vice Mayor Plummer: Is that... oh, is 2915 this one?
Mr. Sierra: Right. That one, yes.
Vice Mayor Plummer: And is that the one that they now own?
Mr. Sierra: Right, that's the one that Charlee wants... is putting in.
161 December 6, 1990
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Vice Mayor Plummer: And you are saying there are only four apartments but the
map shows five?
Commissioner Alonso: No, no, no. There are five.
Mr. Sierra: Mr. Plummer, you are reading five apartments in 2915.
Vice Mayor Plummer: Right.
Mr. Rodriguez: That's it.
Mr. Sierra: And four apartments in the building across the courtyard, which
has nothing to do with Charlee.
Vice Mayor Plummer: OR, except that it did show five units.
Mr. Sierra: Sure, right. It did show, but it's wrong. It's four units.
Vice Mayor Plummer: Now, may I ask of the department. Are these units?... it
looks like to me they are tied as one unit, is that correct?
Mr. Rodriguez: That seems to be correct. They haven't applied for anything
yet.
Vice Mayor Plummer: OR, no, but I am saying that maybe is what I am looking
for. If this is on our books as a unit, how can they separate and sell off
half without replatting?
Mr. Rodriguez: Commissioner, they are two different properties.
Vice Mayor Plummer: There are two different owners?
Commissioner Alonso: Two different properties.
Mr. Rodriguez: As far as I can see, 2915 is one property...
Vice Mayor Plummer: Yes.
Mr. Rodriguez: ... and the other one in which they show in blue, four
apartments, is a different property. The only one they are bringing before
your attention today, is the one that says, 2915, that has five apartments.
And if you can see, there is a lot in that area that surrounds the property,
and that's the only thing that is before you tonight as to discussion.
Vice Mayor Plummer: OR. I see it.
Mayor Suarez: Ma'am, back there, if you want to address the Commission,
please come around to the mike. You can't do it from there. Well, begin by
abiding by that rule now as you walk up, please. Yes.
Mr. Sierra: My name is Jose Louis Sierra, I live at 2920 SW 1st Avenue. The
reason for putting the two buildings in there, is just to show the nearness of
the two buildings to each other, the building across the court. But like I
said, the only building that is in question, is 2915, it's by itself, has it's
own lot, it has nothing to do with the other building.
Vice Mayor Plummer: And it has five units, or four?
Mr. Sierra: Five units.
Vice Mayor Plummer: How can it have four parking spaces?
Mr. Sierra: That's the was it was I guess when it was built in nineteen fifty
something.
Vice Mayor Plummer: Does that not Mr. Rodriguez, does that comply with
present zoning?
Mr. Rodriguez: It might be what is called a legal nonconforming.
Mr. Sierra: Right.
162 December 6, 1990
Mr. Rodriguez: Have been there before, and that's the way it was approved
before. I don't know.
Mr. Julia Braham: J.L., you know me, I'm Joe's wife.
Vice Mayor Plummer: Your rec.... sure, I know. For the record, your name and
address.
Mayor Suarez: OK, yes. For the rest of us, your name and address please.
You can bring that back a little bit.
Ms. Braham: Mrs. Francis J. Braham. I own the building at 2925 SW 1st
Avenue, which is directly across the courtway from where Charlee has purchased
the property. We have only four apartments. The drawing you have is
incorrect. I have the blueprints. There is not thirty feet between the two
buildings. These are only fifty foot frontage lots. They are fifty by a
hundred and fifty, they are two lots. We have only ten feet in the front and
ten in the back, and the building occupies the rest of it. We are not against
Charlee House, but I believe that this is the wrong location for it, not only
for my benefit, but for all of the neighbors. I believe that they should have
a building in an area where the children are going to be better supervised.
They have broken through inside the building now, and taken the hot water
heaters out so that they can put a door over the keys, so the people that are
supervising can open all the doors and go down and go down and look at the
kids. How are these kids going to be on their own if they are going to be
peeked at all the time? Is this right? They need supervision, that's true,
but when I was eighteen, I was out on my own. I was an orphan, I was raised
at Moosehart. All of you know what the Moose have done. I went out on my
own. I had to take menial jobs until I got what I wanted. I attended two
years of college, and also while I was Moosehart as a high school student, I
taught retarded children. I know their problems, I know there are many of
them. But I believe people should help themselves. I'm sorry. After
eighteen, don't continue to lean on Charlee, go out on your own. That's all I
have to say. Thank you.
Mayor Suarez: All right. Thank you. Does that conclude the presentation?
Mr. John McBride: Maybe we can just cut to the chase here and explain you
know, Vice Mayor Plummer has pretty much explained.
Mayor Suarez: Begin by name and address, please.
Mr. McBride: My name is John McBride, I live at 200 SW 25th Road. What we
have here is a situation where the State has basically tied the hands of not
only the City, but the residents of our area, our City, and we are unable to
throw any kind of zoning law or ordinance, stop them from placing one facility
in one building, with up to six residences. And that parking issue is a very
serious one, because they have specified in their literature, that these are
young adults between 16 and 19 years of age who are supposed to be self
supporting, and will be parking. But, what we want from the City Commission
today, or what we would like to receive from you is some kind of resolution
from you, dictating, or something to the administration, dictating that you
will not, will not, permit any zoning exceptions over and beyond that one
building with just six residences, and should they apply for that, that the
Roads Association be notified forthwith from the City Manager.
Mayor Suarez: OK.
Commissioner Dawkins: Mayor.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: No legislation will come from this. I've put it on as
a discussion item, and if they want legislation, it should be scheduled as a
public hearing where everybody who wants to be heard can come forward, and
then we would produce legislation.
Mayor Suarez: OK.
Mr. Jesus Rois: Mr. Mayor, my name is Jesus Rois. I am the chairman of the
Beautification and Improvement Committee of the Miami Roads Neighborhood Civic
Association.
163 December 6, 1990
0
Mayor Suarez: By the way, Jesus, if I may interrupt you, even if we don't
pass legislation which Commission Dawkins is correct in stating, as far as
notification and such, that could be a courtesy notification, we'd be happy to
give that to you. OK? We want to work with you, not against you.
Commissioner Dawkins: Oh yes. By all means.
Mr. Rois: We are hoping that maybe you would pass some legislation after I
get through with what I have here. We came looking for some reassurances.
You probably do not remember, but in 1986, there was an interpretation by the
Zoning Administrator, and the City Commission overruled that interpretation to
accommodate Charlee. We are very concerned that something like that could
happen. We understand that the State law preempts the City as far as
controlling six clients inside a single family home area, or within five
hundred feet. However, Charlee... the Charlee's plan was to come in with
eight clients. We were able to cut them down to six by just plain show of
force. However, there are rumors that maybe they are planning to come in with
a couple more after they get in with the six. It is well known that all these
agencies in the CBRF industry have little regard for the zoning laws. As a
matter of fact, right now, there is construction work in this facility, they
are opening doors, relocating water heaters, painting, and they haven't pulled
a remodelling permit. So if that is a regard for the City law...
Vice Mayor Plummer: What? = they have no permit?
Commissioner Alonso: We should look into that immediately and sight them for
violation.
Vice Mayor Plummer: Are you aware of work being done?
Mayor Suarez: That would require a permit?
Commissioner Alonso: Of course.
Mr. Rois: They are opening doors inside the building, relocating water
heaters, painting, installing carpet, so there is construction work going.
Several of us have seen it.
Vice Mayor Plummer: Well, Mr. Genuardi, according to our code, any
improvements to a house exceeding one hundred dollars ($100) requires a
permit.
Mayor Suarez: Yes, of course.
Commissioner Alonso: Not a hundred.
Vice Mayor Plummer: One hundred.
Mr. Genuardi: It's been raised to five hundred.
Commissioner Alonso: No, it has been increased.
Mr. Rodriguez: Five hundred.
Vice Mayor Plummer: Five hundred... it's been raised... that's right, yes,
OK. Now today, you can't move for five hundred dollars ($500).
Commissioner Alonso: I know.
Mr. Genuardi: Well they haven't...
Vice
Mayor Plummer:
I think it behooves our department to immediately,
tomorrow
morning, make
a determination that in fact, it is a permit required,
and
that all matters come under the South Florida Building Code.
Mr.
Genuardi: We will.
Tomorrow we will have an inspector go out.
Mr.
Rois: The existing
laws, Mr. Mayor, and Commissioners, the existing State
law
is already very liberal,
so we are asking you please, do not go any
further
beyond...
164 December 6, 1990
-a
9 0
Mayor Suarez: OK.
Mr. Rois: ... to make it any easier for them. Now there are a couple other
items...
Mayor Suarez: That was a very clear expression of your request, and we
appreciate that. Because some of the other statements are not as clear in
regards to what the law requires us to do. OK, anything further Jesus...
Mr. Rois: Yes.
Mayor Suarez: ... because we're going to hear quickly from counselor I think,
who may want to...
Mr. Rois: Yes. There is another request that we have for you. Lately, we
have been listening to the staff, and also here in this Commission, that you
are blaming the State for all the problems that we are having in the City of
Miami with the concentration of severe facilities. I need to remind you that
the new State statute just went into effect, October 1, 1989, and the problems
that we have in the City of Miami are a lot older than that. Furthermore, the
twenty-six facilities within the twenty-five hundred foot square of Edgewater,
all have CD's special exceptions, so it was with your blessings that those
facilities went in there.
Vice Mayor Plummer: But they did meet the distance requirement.
Mr. Rois: Twenty-six facilities within a five block area. They do not meet
requirements.
Vice Mayor Plummer: Excuse me, I can't let you cast aspersions on this
Commission. Each and every one of those facilities in the Northeast area,
more up towards Notre Dame Academy, do exist legally within the distance
requirement of this City. Now, this City said, that I think at one time there
were thirty-nine not twenty-six, and we said that this City would not take
anymore until the other twenty-six municipalities of this City picked up their
proportionate share of the burden. Don't tell me for example, that kids from
Coral Gables don't have drug problems. But they come out of the Gables where
not a single facility exists, and come over and go into one of the facilities
there. So I am saying to you, yes, you're right, there is a concentration
that we all try to do something about, we had distance requirements, and they
did get in under the distance requirements legally.
Commissioner Dawkins: I think I need to add to what J.L. said, is, perhaps,
the reason for the State law is, this Commission took the position that we
would accept from the zoning board and nobody else, no more ACL's or any other
congregate living facilities in the City of Miami, because we had our fair
share. And it was because of Edgewater, and that whole Northeast group, and
the Coconut Grove Homeowners, that we were able to take that stand. So yes,
you are right they got in, you are right, we have them, but we, because of
your urging, have done all we can to be sure that no more come out there.
Mr. Rois: Well what I am saying is, that those are in with the blessings of
the City, it's not the fault of the State. And at this point, if you call the
Zoning Department with a question in regards to the location, the siting of
one of these facilities in a single family home area, or a duplex area, they
would tell you that there is nothing they can do, of which is nothing further
away from the truth. Because definitely, they are supposed to enforce the
separation requirement mandated by the State, and the City staff is not doing
it. And what we would like is to ask you please, to enforce those laws,
because they are already very lenient. Now there is another point which is
very important.
Mr. Rodriguez: Could I respond to that?
Commissioner Dawkins: Yes, by all means.
Mr. Rois: On November...
Mayor Suarez: Sir, wait a minute, Jesus.
Commissioner Dawkins: He wants to respond. Wait a minute while he... go
ahead.
165 December 6, 1990
0 9
Mr. Rodriguez: If I understand correctly what Mr. Rois is saying, I want to
remind him that the requirements now that we have in the State law are such,
that any facility that are six units or less, they have no obligation
whatsoever to even notify us. And if the facilities have from seven to
fourteen in certain zoning classification, the only thing they can do, they
have to do, is notify us. That's it.
Mayor Suarez: OK.
Mr. Rodriguez: I mean that's as far as we can go.
Mayor Suarez: I didn't know there was any disagreement on that, but I don't
know.
Mr. Rodriguez: Well he is saying that we are not doing anything on that. The
only thing... they notify us, and then what?
Mr. Rois: This is exactly where we need legislation, we need you, our leaders
to take action on this.
Mayor Suarez: That's different, but that's not administration, that's
Commission. OK.
Mr. Rois: We need you to take action on this. You need to...
Mayor Suarez: Can we go beyond the requirements of the State?
Mr. Maxwell: No, sir. Depending...
Mayor Suarez: What legislation are you thinking in terms of, if we can't go
beyond the requirements of the State?
Mr. Rois: You need to instruct the staff to enforce the State law. No
facilities will be closer than one thousand feet in single family home areas.
Mayor Suarez: What gives you the impression that we are not enforcing it now?
Mr. Rois: The tremendous concentration that there is out there. When we
had... since 1980, the zoning...
Mayor Suarez: Is it possible, excuse me for a second, Jesus. Is it possible
that that concentration existed before the State law was passed, and that
there is nothing that we can do before it now?
Mr. Rodriguez: I really don't know about the concentration, because to start
with, we have not been notified, you know.
Mayor Suarez: I would guess that would have been the case.
Mr. Rois: Excuse me. We...
Mayor Suarez: But if you notify us, we'll check it out, I mean, I don't...
Mr. Rois: Since 1980, we had in the zoning ordinance, a requirement of one
+ thousand eight hundred and twenty-five foot separation between facilities.
Mr. Rodriguez: Those facilities... if he is referring to the ones that are in
the ordinance, they are either legal, and they have come through the process,
and they are approved. Or if they are illegal, and they could give me
addresses, we will follow up with code enforcement action. I mean, it's that
simple.
i'
Mr. Rois: That is exactly what I wanted to hear. Now there is another very
important subject. On November 25, ordinance number 10806 became effective,
and this is an amendment to the zoning ordinance where you spelled out a
j requirement of five hundred foot separation between a CBRF in a duplex
district, and a single family district. What we would like to ask you, is to
please go back to the zoning ordinance, and add... incorporate the same five
hundred foot minimum requirement between a facility located in an R-3
district, or R-4 district, and a single family home district. If you want to
look at that ordinance again, I think it is mandated by the State law, and it
should be spelled out in the City ordinance.
166 December 6, 1990
0 0
Mayor Suarez: Any problems with spelling it out in the City ordinance? Is it
unnecessary, in view of the fact that it's in State law? - what do you think?
Mr. Maxwell: That depends on whether he is speaking of more than six, or less
than six again. If he is talking of more than six, the State law has a
criteria in the statute that allows for the Commission to make a determination
on denial, if a CBRF is closer than five hundred feet in a single family
district. It's already in the State law.
Mr. Rois: This refers to the conditional uses for R-3 and R-4 district, and
it refers to large facilities, fifteen to fifty. For the rehabilitation of
drugs, alcohol, and correctional clients. I think it is very important to
have that minimum requirement of five hundred feet between these facilities,
and the single family home district. It should not be up for discussion.
Mayor Suarez: What about that, Sergio, as a policy issue, or a legal issue?
Mr. Rodriguez: I thought I explained that to Mr. Rois, yesterday, That if
you read the language of the ordinance as we have it now, it says, same as for
R-2 to family residential, and in addition to that, the requirement that he
was mentioning. Meaning that if you go back to the previous... the ordinance
in relation to R-2, you have to file the same requirements with the distance
of five hundred and so on. If I'm understanding you correctly, I though we
clarified that last night in our phone conversation, and you were satisfied
with that.
Mr. Rois: Well, I also discussed the subject with Mr. Genuardi, and Mr.
Olmedillo, and they both agreed with me that it should be incorporated. So
that is a suggestion, and I think...
Mayor Suarez: All right, well maybe we'll get Guillermo and Sergio to agree,
et cetera, et cetera.
Mr. Rois: Right, OK. Thank you very much.
Mayor Suarez: Thank you, Jesus. Anything from Tony? Understanding that I am
not going to take any action. If you want to...
Commissioner Alonso: May I ask a question please? If they have this
facility, and they buy the property next to it, can they expand under the
same... say it's the same location, and can they expand?
Mr. Rodriguez: OK. The limit is six. If they were to have... maybe the Law
Department can help me with this, but if they were to have unity of title with
the adjacent property, maybe they could expand and go into seven or more, but
then they will have to meet the criteria of the five hundred feet distance,
and in this case, I believe they cannot meet that criteria.
Mr. Maxwell: Maybe a unity of title, they're going to be treated as one.
Commissioner Alonso: Why are they buying all?... people... I think someone
mentioned they are buying adjacent property. Could you clarify?
Mr. O'Donnell: Yes.
Commissioner Alonso: Are you purchasing adjacent property, and if so, do you
have something in mind? Can you tell us?
Mr. O'Donnell: Yes. Tony O'Donnell again at 701 Brickell. Again, I'd like
to reiterate that Gary Brooks is the attorney that has been representing this
group on the law. We are not going to take the position on the laws we have
heard here tonight. We will comply with the law. Our present proposal is for
one building, six children, two foster parents. We have not purchased
according to the people from the... both the president, the director, everyone
who is here today from Charlee, we are not planning to purchase any other
property in this area. This is the one facility we plan for this area. This
' is not a home for drug users, it's not a home for incorrigible people, it's a
home for abused children. The homes that we provide are thirty percent...
that they represent a thirty, thirty, thirty ethnicity in this community, and
they serve a real need. So, we are not here to try to come in to some kind of
i drug rehabilitation program, or anything like that's been discussed here
167 December 6, 1990
tonight, which is a somewhat different situation. We have people who can
answer specific questions about our program here, but I think basically, Mr.
Dawkins is correct, we haven't been notified, no real action can be taken here
today, but we intend to comply with the law including any building permits
that we need for the renovations that may be going on in there and we will
adjust ourselves to that immediately.
Commissioner Alonso: May I ask you if you could give me an answer perhaps on
this. It looks to me as strange that you go in such a large property in order
to accommodate only six people. Is this a step that you are taking at this
time? Are you planning to change the use in the future?
Mr. O'Donnell: No.
Commissioner Alonso: Because the property is rather expensive for such a
small group of people.
Mr. O'Donnell: OK. Mr. Manne is here to explain the concept of what we are
trying to do with these older children in this type of facility. It is one
building, one program, essentially trying to give them a little more
independence than you would normally have, but Mr. Manne can explain that.
Mr. Steve Manne: My name is Steve Manne, my address is 10522 SW 117 Street.
I'm the director of... executive director of the Charlee program. The program
that we are attempting to establish in 2915 SW 1st Avenue is an independent
living program for the older adolescents within our program. Our original
intention was to establish apartment style living with close supervision from
foster parents, family care parents as we call them, in a family style
atmosphere for eight residents who are already in our program. As we realize
there are some concerns about the number eight, as opposed to six. At this
point, we hope to move in with six residents who have been in our program, and
have been successful over the past... anywhere from one to four years. The
program is really intended to establish a sense of independence along with a
close supervision. We are establishing a family room in one of the apartments
that would allow for communal meals, as well as time groups for the children,
and whatever else. Again, it is our intention to use this as a step in
graduation for the children who are already in our family care homes.
Vice Mayor Plummer: Well, let me get it on the record. If they go from six
to eight, or six above, is there any restriction, or approval or disapproval,
by this Commission?
Mr. Rodriguez: As far as I understand it, no. The only thing is that they
cannot be closer than five hundred feet from a single family area, and they
are.
Vice Mayor Plummer: Well they are, so then...
Mr. Rodriguez: So they couldn't do it.
Vice Mayor Plummer: So in other words, as it stands today, they cannot exceed
six without coming before this Commission?
Mr. Rodriguez: Well even if they were to come before you... well let me
think...
Vice Mayor Plummer: Well the other gentleman made the point about a
conditional use.
Mr. Rodriguez: I guess the only way they could come before you for an
increase will be as a regular CBRF, or with a special exception, and having to
go to the zoning board, and then to you to change that rule.
Vice Mayor Plummer: OK. Well that's fine then.
Commissioner Alonso: So you will have to come back to us?
Mr. Maxwell: Not necessarily.
Mr. Rois: Excuse me, Mr. Plummer. That is exactly our concern.
Mr. Maxwell: Unless it is appealed.
168 December 6, 1990
i
Mr. Rois: You have the power to do whatever you want in this regard. You can
be a lot more liberal than the State law, and
that is exactly why we are
here,
i to make sure that we have your reassurance that that will not happen.
That
!; you will not go any further than the State law has gone so far.
Vice Mayor Plummer: No more assurances than
I will be alive tomorrow.
Mayor Suarez: OK.
Unidentified Speaker: Who would bury you?
i
Vice Mayor Plummer: Who would bury me? - my
I
brother with sheer delight.
Mayor Suarez: Depends how much you pay. All
right, anything further?
Vice Mayor Plummer: Yes. Mr. Mayor, I want
to bring up one other point
as it
relates...
Commissioner Dawkins: I'm going to bury him.
I'll bury him.
Mayor Suarez: For free, right here.
i Commissioner Dawkins: I'm going to bury him
for free.
i
Vice Mayor Plummer: Yes, I know.
Mayor Suarez: Right here. You've got an
offer to do it for free.
Last
statement
Vice Mayor Plummer: Mr. Mayor...
Mayor Suarez: Please, please, please. Last statement, Commissioner... Vice
Mayor.
Vice Mayor Plummer: Not the same to the Charles House, but in the same area.
Mr. City Manager, either one of you. Is it not my understanding that City
parks close at dark?
Commissioner Dawkins: Not all of them, J.L.
Mayor Suarez: Not all of them.
Vice Mayor Plummer: What about Wainwright?
Mayor Suarez: Seven p.m. I think.
Mr. Rodriguez: I don't know.
Unidentified Speaker: All says, sun up to sun down.
Vice Mayor Plummer: Well, OK, no, that's the point I am trying to make.
Mayor Suarez: I guess it varies.
Mr. Odio: Some park, we have activities at night.
Vice Mayor Plummer: OK.
Commissioner Dawkins: Sun down all the way to ten... nine o'clock.
Vice Mayor Plummer: Can this Commission... is this Commission authorized to
set the hours of operation of Simpson Park?
Mr. Odio: Yes, you can control the hours if you want.
i
_ Vice Mayor Plummer: OK, aad If I made a motion here, to say that anybody in
Simpson Park from sunset to sunrise, would be trespassing, is that a legal
motion?
Mr. Odio: Yes.
169 December 6, 1990
J r-
Vice Mayor Plummer: I so move, Mr. Mayor.
Commissioner Dawkins: Second.
Commissioner Alonso: Second.
Vice Mayor Plummer: Sir.
Mr. Armando Framil: Mr. Plummer.
Mayor Suarez: Was the motion to close down Simpson Park, what was it?
Mr. Rodriguez: Before you do that, you might want to clarify your language.
Mr. Odio: I can do it.
Commissioner Alonso: Oh yes, we are anxious to have it closed.
Mr. Rodriguez: But I believe that there is some activities from the community
there.
Mr. Framil: Please, thank you. That's the point.
Mr. Odio: Wait a minute, there are days when...
Vice Mayor Plummer: I didn't say the community building, I said the park.
Mr. Odio: He said the park. He said the park.
Vice Mayor Plummer: Listen to what I said. The park. I am tired of Mr. Tool
standing outside there with a camera taking pictures that has no film in it. -
but it is effective. I so move, Mr. Mayor.
Mayor Suarez: So moved.
Commissioner Dawkins: Second.
Mayor Suarez: Not sure we'll...
Vice Mayor Plummer: And signs be posted to that effect that anyone...
Commissioner Dawkins: If you keep... no more editorializing. Call the roll.
Vice Mayor Plummer: Oh, shut up.
Mr. Odio: Plummer, see if the community would be willing to fund a park
ranger.
Mayor Suarez: OK, call the roll. This is as to Simpson? Which Park?
Commissioner Alonso: Simpson Park.
Vice Mayor Plummer: Simpson Park. You want to do Wainwright which is next to
you?
Mayor Suarez: We've had a group too that has been trying to adopt Simpson,
and maybe at some point they could provide... well, there is also University
of Miami, University of Miami, folks. All right.
Vice Mayor Plummer: Let me ask. Well, wait a minute, I am on a roll. What
are the hours of operation of Wainwright Park?
Mr. Odio: It's at dark to sunset.
Vice Mayor Plummer: That one is already at sunset?
Mr. Odio: Yes.
Vice Mayor Plummer: Can I tell you it's not being enforced?
Mr. Odio: No, because it's an open park. Anybody can...
170 December b, 1990
0 0
Mayor Suarez: No, no, no. Not any more.
Vice Mayor Plummer: No, no, it's not an open park. You have a gate with a
lock on it.
Mr. Odio: They can get in... but there are places...
Mayor Suarez: There is a gate now that... I mean you can get in from the
water, I suppose.
Mr. Odio: You can get in.
Mayor Suarez: Or if you jump down from the bridge.
Mr. Odio: No, Mr. Mayor, there is a... in the bike path, you can get in
through the side.
Vice Mayor Plummer: OK, so we're going to do it on Simpson Park?
Mr. Odio: You want to do it in Wainwright too?
Vice Mayor Plummer: Well if it's necessary, I'd like if we can do it, I would
like to do it on both.
Mr. Odio: The problem is enforcement, I want to tell you.
Vice Mayor Plummer: Well, definitely. If you don't enforce a rule, what good
is a rule?
Mr. Odio: The rule is that, you know, you know how we are with police
officers. I don't want to promise you we are going to have an officer there
every night.
Vice Mayor Plummer: I didn't promise that.
Mr. Odio: OK.
Vice Mayor Plummer: But if we catch him, God help him. I would move Mr.
Mayor, that we include Simpson Park and Wainwright Park, that they close at
sunset and reopen at sunrise. That anyone caught in between those hours would
be trespassing, and dealt with as trespasser. I so move.
Mayor Suarez: So moved.
Mr. Odio: Mr. Mayor.
Mayor Suarez: I'm not sure that changes anything from what the law is now,
but Eva, did you want to address that very quickly?
Ms. Eva Nagymihaly: My sister lives right across the street from the park,
and I know for a fact that the parking... it says no parking, in the median
strip. So if there is parking in that area in front of Wainwright Park, that
means they are in it, so if they would just tow the cars away, they could
easily enforce the situation, or that at least would help. Thank you.
Mr. Odio: Well, no. Excuse me, Mr. Mayor.
Mayor Suarez: OK. Interesting enforcement mechanism, but there is going to
be some issues of whether...
Mr. Odio: Xavier, there is... let me explain the cars, because I've seen...
Vice Mayor Plummer: Well, wait a minute. I've got a motion, I didn't hear a
second.
Commissioner Alonso: Yes, I did.
Commissioner Dawkins: I second.
Mayor Suarez: Second. It was thirded, it was fourthed, everything.
Vice Mayor Plummer: I did? I'm sorry, all right.
171 December 6, 1990
t
i
Mr. Odio: But if I may explain the car...
Mayor Suarez: Yes, Mr. Manager.
Mr. Odio: That's my bike route. I ride bikes, and what they do, they come in
with their bikes, they park there, they take their bikes out, they go on to
the bridge, then come back and put their bikes on and go back home.
Commissioner Dawkins: But if there is no parking on the median, I don't care
where they go, they are violating the law, Mr. Manager. That's all she is
saying.
Mr. Odio: I'll have to check...
Ms. Nagymihaly: This is at two and three in the morning.
Mayor Suarez: Yes, some of them never leave their automobile, they just park
and they stay there.
Commissioner Dawkins: Thank you, Mr. Mayor.
Mayor Suarez: For a variety of reasons. All right, we have a motion and a
second. Any discussion? If not, please call the roll.
The following motion was introduced by Vice Mayor Plummer, who moved its
adoption:
MOTION NO. 90-963
A MOTION INSTRUCTING THE CITY MANAGER TO SET THE HOURS
OF OPERATION BOTH FOR SIMPSON AND ALICE WAINWRIGHT
PARKS FROM SUNRISE TO SUNSET EACH DAY; FURTHER
STIPULATING THAT ANYONE FOUND IN SAID PARKS DURING
NIGHT TIME SHALL BE CONSIDERED TO BE TRESPASSING AND
DEALT WITH ACCORDINGLY; AND FURTHER DIRECTING THE CITY
MANAGER TO POST SIGNS ADVISING THE PUBLIC OF THIS
REGULATION.
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 AFTER ROLL CALL:
Commissioner Dawkins: Before you leave, I promised from this hearing, that I
will carbon copy every homeowners' group on anything that I place on the
agenda so that you are aware. Please call my office and let my office have
the correct mailing address for your homeowners' group, so that you can get a
carbon copy of whatever that is being put on the agenda by me for discussion.
Mayor Suarez: With the Roads Association, you fax it them. They are really
you know, high tech.
Commissioner Dawkins: Ohl high tech, we can fax... send me your fax number.
Unidentified Speaker: Same line as yours.
Mayor Suarez: All right, thank you.
Unidentified Speaker: We will do that Mr. Dawkins, thank you.
Commissioner Dawkins: OK. Thank you.
172 December 6, 1990
i--------------------------------------
11
56. GRANT FUNDING REQUEST FROM REPRESENTATIVES OF THE MARTIN LUTHER KING
BIRTHDAY CELEBRATION TO BE HELD IN BAYFRONT PARK.
Mayor Suarez: Item 39
Commissioner Dawkins: Go ahead.
Ms. Lori Weldon: OK. Afternoon Commissioners, Mayor.
Mr. Odio: This is yours, Commissioner...
Ms. Weldon: Yes, I am here. Lori Weldon, 160 Road NW 44 Street. Bayfront
Trust Park member.
Mayor Suarez: Please, as you leave...
Ms. Weldon: I'm waiting.
Mayor Suarez: ... Counselor, Ms. Friesner, everybody else, thank you. As you
don't leave, or as you do leave, we need quiet. Miss Weldon.
Ms. Weldon: OK. One second. Lori Weldon, Bayfront Trust Park member. I
sent you all a budget request in order to support our first annual...
Commissioner Dawkins: I'll move it, so I can get out of here, we have a lot
to do.
Vice Mayor Plummer: Second.
Mayor Suarez: Moved and second. Any discussion? If not, please call the
roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 90-964
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ALLOCATE AN AMOUNT NOT TO EXCEED $17,440 TO COVER
COSTS OF CITY SERVICES AND EXPENSES RELATED TO THE
MARTIN LUTHER KING, JR., BIRTHDAY CELEBRATION TO BE
CONDUCTED BY BAYFRONT PARK MANAGEMENT TRUST ON JANUARY
21, 1991 IN BAYFRONT PARK.
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.
COMMENTS MADE AFTER ROLL CALL:
Commissioner Dawkins: Get with the Manager and work out the particulars.
Mayor Suarez: Yes.
Ms. Weldon: OK.
Vice Mayor Plummer: Lori, you were excellent.
173 December 6, 1990
------------------
------------------------------------------------------------
57. DIRECT CITY MANAGER TO ALLOCATE SAME LEVEL OF FUNDING AS LAST YEAR
($10,000) TO CITY OF MIAMI COMMITTEE ON ECOLOGY AND BEAUTIFICATION.
Mayor Suarez: Before we do planning and zoning, Mr...
Vice Mayor Plummer: I have one item, Mr. Mayor.
Mayor Suarez: Vice Mayor, takes precedence, and then Mr. City Attorney, you
have a couple of items?
Mr. Fernandez: Yes, sir.
Vice Mayor Plummer: Mr. Mayor, as we all are aware, from time to time that
during the period of the year, our own committee of Beautification and the
Environment is an arm of this Commission. Last year, how much did they
receive, Mr. Manager?
Mr. Odio: The Al Pallot committe?
Vice Mayor Plummer: Yes.
Mr. Odio: They didn't get... I gave them a staff person.
Vice Mayor Plummer: But I think you gave them a staff person, and forty-five
hundred dollars ($4,500).
Mr. Odio: Or forty-five hundred dollars ($4,500), yes.
Vice Mayor Plummer: Mr. Mayor, they have been cut out completely this year.
Mr. Odio: No, no, no.
Vice Mayor Plummer: No staff person, no money to buy stationery, no money to
buy anything. The beautification... I think you are the next speaker.
Mr. Odio: No, I offered him the other day.
Vice Mayor Plummer: Mr. Mayor, I would make a motion at this time, this is
our committee, and they do positive things for this community. I would
suggest, or I will make a motion recommending that the administration provide
them with the same level of funding that they did in the last year. If it's a
staff person, and forty-five hundred, or whatever it is, I think we've got to
do this. Either that, or let's get rid of the committee, because I think it's
an insult to have a committee that is an arm of this City Commission, without
giving them some funds whatsoever. My motion is that we fund them to the same
level they had last year. If it was one person and forty-five hundred, or no
persons and nine thousand, whatever that is, I move at this time that they be
funded to that extent.
Commissioner Alonso: What they had the last year, do we have an idea?
Vice Mayor Plummer: Yes. Whatever it is.
Commissioner De Yurre: Let's have an idea what it is.
Vice Mayor Plummer: How much is it?
Mr. Odio: I think they had a full time employee, and nine thousand dollars
($9,000).
Mr. Frank Castaneda: They had a full time employee, Morty Friedman, and
approximately about nine thousand dollars ($9,000).
Vice Mayor Plummer: All right, well let me do this then. Let me make it
easy, and then they can do what they want. I'll make at this point, so that
there is no discussion, ten thousand dollars ($10,000) and if they want to use
part of that for a part time employee, that's their problem. OK? Cesar, you
can't have a committee that is an arm of this City Commission, and give them
nothing.
174 December 6, 1990
Mr. Odio: I did meet with him the other day, and I told him that any staff
support he wanted, he would have.
Vice Mayor Plummer: Yes, but Cesar, but look.
Mr. Odio: But a full time employee, doing what?
Vice Mayor Plummer: They put on luncheons every month, they give awards for
beauty, they encourage the beauty, they plant palms, you've got to do
something for a City Committee. I move that this committee be allocated the
amount of ten thousand dollars ($10,000) and if they want to get a person to
work, fine, if not, but I so move.
Commissioner Dawkins: I'll second it if you make it fifteen.
Vice Mayor Plummer: What?
Commissioner Alonso: Oh, my God.
'- Vice Mayor Plummer: Can I get a second for cheaper?
Mayor Suarez: I'll vote against it if you make it one dollars more than
whatever is the absolute minimum that we need to get involved in this.
Vice Mayor Plummer: Well I think that's fair, Mr. Mayor.
Commissioner Dawkins: I'll second.
Mayor Suarez: All right, so moved and seconded. Any discussion? If not,
please call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 90-965
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO ALLOCATE $10,000 TO THE CITY OF MIAMI
COMMITTEE ON ECONOMY AND BEAUTIFICATION.
(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.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: I'm voting yes, but I wanted fifteen.
175 December 6, 1990
------------------------------------------------------------------------------ r
58. INSTRUCT ADMINISTRATION TO SCHEDULE THE EVALUATION OF CESAR ODIO, CITY
MANAGER, AS FIRST ITEM ON JANUARY 10, 1991 AGENDA.
Mayor Suarez: Mr. City Attorney.
Vice Mayor Plummer: I have one other item, sir, and then I'll conclude.
Mayor Suarez: Mr. Vice Mayor.
Vice Mayor Plummer: No, this other item is not going to cost us anything.
Mr. Mayor, we were supposed to have an evaluation and a review of the Manager
today, in December meeting. I guess because of the fact that we've condensed
it down, and are only having one day, two meetings is the reason it's not on
the agenda, and I will accept that. I will instruct the administration at
this time to schedule that as the first item on the meeting of January loth.
I so move.
Mayor Suarez: So moved.
Vice Mayor Plummer: Hello.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the role.
The following motion was introduced by Vice Mayor Plummer, who moved its
adoption:
MOTION NO. 90-966
A MOTION INSTRUCTING THE ADMINISTRATION TO SCHEDULE
THE EVALUATION OF CESAR ODIO, CITY MANAGER, AS THE
FIRST AGENDA ITEM, TO BE DISCUSSED AT THE JANUARY 10,
1991 MEETING.
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: Hold it. This is an evaluation of the Manager's
performance?
Vice Mayor Plummer: That is correct, sir.
Commissioner Dawkins: Not how he dresses?
Vice Mayor Plummer: Well, if you want you can include it.
Commissioner Dawkins: OK, all right, OK.
Vice Mayor Plummer: Because then, he fails.
Commissioner Dawkins: Yes, I vote yes.
COMMENTS MADE FOLLOWING ROLL CALL:
176 December 6, 1990
Mayor Suarez: OK. That ends the portion of the agenda devoted to Vice Mayor
Plummer, which has been most of the day.
Vice Mayor Plummer: Ohl you dirty devil.
------------------------------------------------------------------------------
59. EMERGENCY ORDINANCE: APPROVE TWO -SIXTHS OF DOWNTOWN DEVELOPMENT
AUTHORITY'S BUDGET FOR FISCAL YEAR 1991.
------------------------------------------------------------------------------
Mayor Suarez: Mr. City Attorney, the portion of the agenda, you had a couple
of emergency items, so we can go to Planning and Zoning.
Mr. Fernandez: Yes, Mr. Mayor. Just to make the record amply clear, the last
time that we met you passed an emergency ordinance dealing with that portion
of the DDA budget, but the record did not clearly reflect that, and there is
some confusion as to whether the vote that the took was on the emergency
ordinance, and whether there were two votes. So just as a matter of house
keeping and really cleaning and make this very clear, I would like just
briefly read again, that ordinance by title and have you vote on it twice
again, please.
AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD, BY TITLE ONLY.
Vice Mayor Plummer: Excuse me, Mr. City Attorney.
Mr. Fernandez: Yes.
Vice Mayor Plummer: Even though, I would love that, I knew it wouldn't pass,
it is two/twelfths, it was a half a year. Two/sixth, I'm sorry.
Mr. Fernandez: That is right. That is what it said.
Commissioner Dawkins: Give DDA the whole budget, and then we won't have to go
through this again.
Vice Mayor Plummer: What?
Commissioner Dawkins: Give them the whole budget.
Vice Mayor Plummer: No, no, no. Let's keep their feet on the fire.
Mr. Fernandez: Only through March 31st, which is what you hays already
discussed and agreed on. We just want to make the record very clear that
that's what you voted on.
Vice Mayor Plummer: It was for six months?
Mr. Fernandez: Yes. Only through March 31st.
Vice Mayor Plummer: All right. And Mr. Manager, would you ask Matthew
Schwartz why we can get the lights turned on downtown?
Commissioner Dawkins: The paper told you why.
Vice Mayor Plummer: Second Avenue has had the lights out now for over two
weeks. Southwest 1st Street has got some lights out, and I am not talking
about a light or two, I am talking about t•he whole damn street. Would you
call Mr. Schwartz and tell him to go down with a pack of matches, so he can
see whether they are lit or not.
Mayor Suarez: Is the period of time that the budget is now approved, six
months?
Mr. Fernandez: Through March 31st of 191.
Mayor Suarez: All right. So moved and second. Any discussion? If not,
please call the roll.
177 December 6, 1990
t
Ms. Matty Hirai: Was there a motion? I'm sorry Mr. Mayor, we don't have...
Vice Mayor Plummer: I'll make the motion.
Commissioner Dawkins: Second.
Vice Mayor Plummer: That's not the motion...
Mr. Fernandez: It requires a four/fifths vote and must be two votes.
Vice Mayor Plummer: That' not the motion I want to make, but.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE MAKING APPROPRIATIONS FROM THE
DOWNTOWN DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND
OTHER MISCELLANEOUS INCOME FOR THE DOWNTOWN
DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA,
FOR TWO -SIXTHS (2/6) (DECEMBER 1, 1990, TO MARCH 31,
1991) OF THE FISCAL YEAR ENDING SEPTEMBER 30, 1991;
AUTHORIZING THE EXECUTIVE DIRECTOR OF THE DOWNTOWN
DEVELOPMENT AUTHORITY TO INVITE OR ADVERTISE REQUIRED
BIDS; PROVIDING BUDGETARY FLEXIBILITY; PROVIDING THAT
THIS ORDINANCE BE DEEMED SUPPLEMENTAL AND IN ADDITION
TO THE ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 1991, FOR THE OPERATIONS OF
THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION,
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
Was introduced by Vice Mayor Plummer and seconded by Commissioner
Dawkins, 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 Vice Mayor Plummer and seconded by
Commissioner Dawkins, 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. 10821.
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.
178 December 6, 1990
0 9
60. DIRECT ADMINISTRATION TO SCHEDULE, AS REGULAR AGENDA ITEM FOR NEXT
MEETING, DISCUSSION ON THE POSSIBILITY OF SUNSETTING THE DOWNTOWN
DEVELOPMENT AUTHORITY.
Mr. Fernandez: Mr. Mayor, the only other item that I have here is that,
taking advantage of the holiday that's coming up, which is...
Vice Mayor Plummer: Wait, wait, whoa! whoal I just counted some noses. Mr.
Manager, would you schedule for the next Commission meeting a full discussion
on the possibility of sunsetting the DDA?
Mr. Odio: What?
Vice Mayor Plummer: You heard what I said, I don't stutter.
Mr. Odio: Thank you.
Vice Mayor Plummer: I'm saying, put on... I'm counting three votes here who
have the same concerns about DDA that I do. I've never had three votes that
said that. And I am asking you to put on the next agenda, a full discussion
about the potential sunsetting of DDA.
Mr. Odio: May I recommend something?
Vice Mayor Plummer: Do I not have the right to make that request, Mr. Mayor?
Mr. Odio: Sure, but...
Mayor Suarez: Put it on the agenda, please, let him discuss whatever he
wants. All right, we've let him do that all day as to almost every other
item, why not this?
------------------------------------------------------------------------------
61. DISCUSS AND MOMENTARILY TABLE CONSIDERATION OF PROPOSED SETTLEMENTS
(BEFORE THE HOLIDAYS) OF $55,000 AND $63,000 (See label 78).
Mr. Fernandez: The next two items, Mr. Mayor...
Mayor Suarez: Yes.
Mr. Fernandez: ... are settlements of law suit where we believe that it is
advantageous to the City to enter into these settlements at this time because
we believe we are settling much to the advantage of the City, given the fact
that perhaps, people may need money now for the holidays, and whatever other
good reasons they may have for wanting to settle before the holidays. That is
why these items were not properly placed in the agenda, otherwise...
Mayor Suarez: What kinds of settlements are we talking about Mr. City
Attorney, that it must be settled during the holidays? I've never heard of
this in my entire life, and I think I've been practicing law for fifteen
years.
Mr. Fernandez: Perhaps that's the first time and the last you hear that one.
I am just telling you that these are cases that we have been trying to settle,
and that the plaintiffs were not moving from a much higher figure. We were
able to reduce them to this lower figure because we believe that we have to
our advantage, going the fact that they may be hard pressed for cash. Maybe,
that's not a valid reason for which one should settle, but I am telling you
that as a matter of law, it is in the City's best interest together with the
evaluation of the risk management department...
Mayor Suarez: How many such cases are we talking about?
Mr. Fernandez: We are talking about two such cases.
179 December 6, 1990
Mayor Suarez: What is the total of each of the two? What is the amount of I
each of the two?
Mr. Fernandez: One is for fifty-five thousand dollars ($55,000), and the
other one is for sixty-three.
Mayor Suarez: All right, I'll tell you what I am going to do on those. Those
should not be taken up at this time, those should be taken up after we do
Planning and Zoning. There is absolutely no reason in the world I can think
of why we should be doing that right now, when there are people waiting for
the Planning and Zoning agenda items. -
Mr. Fernandez: I agree.
Mayor Suarez: There may be all kinds of questions. I think I would have a
few question when you're talking about settlements of that sort.
Mr. Fernandez: All righty. Very good.
AT THIS POINT, THE HEREINABOVE ITEM WAS TABLED.
NOTE FOR THE RECORD: At this point, the City
Commission closes consideration of the regular agenda
items to consider planning and zoning agenda items.
NOTE FOR THE RECORD: At this point, Agenda item PZ-3
was withdrawn, and the following Agenda items were
continued to January 24, 1991: PZ-8, PZ-9, PZ-13, PZ-
14 and PZ-15.
Mayor Suarez: All right. PZ-1. Which ones Mr. Manager, are we going to
either continue or withdraw, or whatever? - or simply not handle today?
Mr. Sergio Rodriguez: OK. PZ-3, we should continue. PZ-8 and 9, I
understand there is an understanding by the residents so we can... excuse me,
by the applicants so we can continue.
Mayor Suarez: For both sides, then?
Mr. Rodriguez: Yes, both sides.
Commissioner Alonso: Which one?
Mr. Rodriguez: PZ-8 and 9.
Mayor Suarez: Tony, you are able to represent on behalf of both sides without
hopefully, getting sworn in just as a procedural matter that both sides have
agreed to continue these?
Mr. Tony O'Donnell: That's correct. Joni Coffey is here and I am here, we
agree to continue to the next meeting.
Mayor Suarez: All right.
Vice Mayor Plummer: Are we on PZ?
Commissioner Alonso: Yes.
Vice Mayor Plummer: PZ-1?
Mayor Suarez: On PZ-8 and 9, J.L., we are just continuing upon and premised
on agreement by presumably both disputing parties. So the applicant and the
opponents, we... this would be continued to the very next Commission meeting?
Mr. Rodriguez: PZ-8 and 9 will be continued to January 24th.
i
180 December 6, 1990
Vice Mayor Plummer: Wait a minute, are there any people here on 8 or 9 who
cannot come back on that date?
Mayor Suarez: I asked both sides and apparently they both approached the mike
and stated their agreement, but if there is anyone else that does not agree,
please step up. Let the record reflect, no one did.
Vice Mayor Plummer: I so move that 8 and 9 be deferred.
Mayor Suarez: All right, so moved.
Commissioner Alonso: Second. January what?
Mayor Suarez: Seconded. Any discussion? If not, please call the roll. It
will be January 25th it looks like. No...
Mr. Rodriguez: January 24th, right?
Mayor Suarez: Twenty-fourth.
ON MOTION DULY MADE BY VICE MAYOR PLUMMER AND SECONDED BY
COMMISSIONER DAWKINS, THE ABOVE ITEMS WERE DEFERRED TO THE
COMMISSION MEETING ON JANUARY 24TH 1991 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: Any others that we should take action on? Some reaction?
Mr. Rodriguez: Yes. The other one that I was mentioning before, PZ-3 was
withdrawn. And then 13, 14 and 15, either you vote on second reading without
discussion, if you feel comfortable with it, otherwise, we continue it to the
next item. It is an administration item.
Vice Mayor Plummer: Wait a minute. What is this now?
Mayor Suarez: Thirteen, fourteen and fifteen are administration items. And
this is second reading?
Mr. Rodriguez: The historic designation is the one that we have been trying
to get through, and so on. If you want to hear it...
Mayor Suarez: Does any Commissioner have any problem with these?
Vice Mayor Plummer: Yes.
Mr. Rodriguez: OK then, continue it to January 24th.
Vice Mayor Plummer: OK. That's 13, 14, and 15.
Mayor Suarez: Presumably this will not affect the private interest of anybody
who was opposed to that continuance.
Vice Mayor Plummer: Nobody here on 13, 14, and 15?
Mayor Suarez: Thank you, Commissioner, Vice Mayor.
Vice Mayor Plummer: So moved.
Mayor Suarez: All right, so moved.
Vice Mayor Plummer: That they are deferred. Item 3 now, is that deferred or
not?
December 6, 1990
0 9
Mayor Suarez: Somebody second.
Commissioner Alonso: Yes.
Mr. Rodriguez: Withdrawn.
Vice Mayor Plummer: Withdrawn.
Mayor Suarez: Thank you. Seconded by Commissioner De Yurre. Call the roll.
ON MOTION DULY MADE BY VICE MAYOR PLUMMER AND SECONDED BY
COMMISSIONER DE YURRE, THE ABOVE ITEMS WERE DEFERRED TO THE
COMMISSION MEETING ON JANUARY 24, 1991 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.
62. BRIEF COMMENTS CONCERNING: (a) PROPOSED FIRST READING ORDINANCE
AMENDING 10544 (MCNP FUTURE LAND USE MAP) BY CHANGING LAND USE
DESIGNATION AT 2225 S.W. 22 AVENUE FROM SINGLE FAMILY RESIDENTIAL TO
RESTRICTED COMMERCIAL; AND (b) PROPOSED FIRST READING ORDINANCE CHANGING
11000 ZONING ATLAS AT 2225 S.W. 22 AVENUE FROM R-1 SINGLE FAMILY
RESIDENCE TO C-1 RESTRICTED COMMERCIAL (Applicant: Exxon Corporation)
See labels 72 & 73).
Mr. Rodriguez: Now, in addition to that, Mr. Mayor.
Mayor Suarez: Yes.
Mr. Rodriguez: We have items 17 and 18 which are scheduled for six o'clock,
and we have a request from the lawyer representing the applicant to see
whether we can get either a table of this item, continuance, or that you pass
it on first reading with the understanding that the covenant will be reviewed
by the law department. So you can make a decision.
Mayor Suarez: Does this have opposition? Are the opponents?...
Mr. Rodriguez: Yes.
Vice Mayor Plummer: Wait a minute, this is 17 and 18?
Mayor Suarez: And it's scheduled for?
Mr. Rodriguez: Which is at six o'clock.
Vice Mayor Plummer: No way I will pass that on f irst reading with an issue
that's looking us in the eye that it was both denied by the staff and by the
board.
Mr. Rodriguez: Right.
Vice Mayor Plummer: I will not carte blanche pass it on first reading.
Mayor Suarez: Why if it's scheduled for 6:00 p.m. are we dealing with that
now?
Mr. Rodriguez: I just mentioned it to you now, because sometimes you want us
to tell you ahead of time what item you might want to pull out completely.
Mayor Suarez: Except that we can't do much with it, if it's not 6:00 p.m. we
don't even know who is going to be here for it. We can't even call out. So
maybe, we ought to just wait until after six on that one.
182 December 6, 1990
Mr. Rodriguez: Then ignore what I told you.
Mayor Suarez: Thank you. All right, that's it.
Mr. Rodriguez: That's it.
63. DISCUSS AND CONTINUE TO JANUARY 24, 1991: (a) PROPOSED FIRST READING
ORDINANCE AMENDING 10544 (MCNP FUTURE LAND USE MAP) BY CHANGING
DESIGNATION AT 3729-49 N.W. 24 AVENUE FROM MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL TO GENERAL COMMERCIAL; AND (b) PROPOSED FIRST READING
ORDINANCE CHANGING 11000 ZONING ATLAS AT 3729-49 N.W. 24 AVENUE FROM R-3
MULTI -FAMILY MEDIUM DENSITY RESIDENTIAL TO C-2 LIBERAL COMMERCIAL.
(Applicant: Orlando & Delfina de los Reyes.)
[NOTE: FOLLOWING EACH AND EVERY STATEMENT, PLEASE FIND THE
CORRESPONDING TRANSLATION INTO ENGLISH OR SPANISH,
AS THE CASE MAY BE. SPANISH STATEMENTS WILL BE
DENOTED BY CAPITAL LETTERS. TRANSLATIONS WERE MADE
BY SERGIO RODRIGUEZ, ASSISTANT CITY MANAGER.]
Mayor Suarez: PZ-1
Mr. Guillermo Olmedillo: PZ-1 and PZ-2 Mr. Mayor, and Commissioners are
related items, companion items. One is the plan amendment, the second one is
a zoning change from a multifamily medium density to a liberal commercial
district. You may remember this issue came up before you about two years ago.
We recommend it through the comprehensive plan that it remained, it retain its
use as a residential multifamily residential district. The Planning Advisory
Board recommends approval, and on a six:three basis, the Zoning Board
recommends denial on a six to zero basis. This is just north of 36th Street
at about 24th Avenue.
Vice Mayor Plummer: Can I interrupt you for one second?
Mr. Olmedillo: Yes, sir.
Vice Mayor Plummer: Mr. Mayor, on my agenda it says item 16 has been also
withdrawn.
Mr. Rodriguez: Right. That's already shown withdrawn.
Mayor Suarez: Yes.
Vice Mayor Plummer: So that's understood.
Mayor Suarez: OK. State that in the record in case was expecting to have
item 16 heard.
Vice Mayor Plummer: OK, thank you. I'm sorry.
Mayor Suarez: Thank you.
Mr. Olmedillo: That's all right. The applicant is...
Mayor Suarez: Is there anyone here that is opposed to the application at PZ-
1. You are opposed?
Mr. Orlando de los Reyes: Yes. My name is Orlando de los Reyes, I live...
Mayor Suarez: OK, no, I just wanted to know. Now, who is the applicant?
Mr. Olmedillo: He is the applicant.
Vice Mayor Plummer: Wait a minute. He is the applicant, he is not opposed.
You are for this?
Mayor Suarez: All right.
183 December 6, 1990
0 0
Mr. Reyes: Yes, I am the owner you know, of the property.
Mayor Suarez: Well he said, who was opposed.
Mayor Suarez: USTED ESTA A FAVOR. You are in favor, no?
Mr. Reyes: SI.
Mayor •Suarez: No, I'm asking, I'm not telling you. All right.
Commissioner Dawkins: What is the staff recommendation?
Vice Mayor Plummer: Wait a minute. Didn't we just recently deal with
something up in this issue, and we did a study on the whole area?
Mr. Olmedillo: We did a study, a recommendation to you, was to retain the use
of the residential use of the property. We recommended it again when we did
the comprehensive plan amendment, but the applicant has the right to file a
private application and bring it before you.
Vice Mayor Plummer: But did you make him aware of the previous action, and
the study?
Mr. Olmedillo: Yes sir, and he was present in some of those hearings...
Vice Mayor Plummer: And you impressed upon him, he was probably wasting his
money?
Mr. Olmedillo: He had filed prior to all these studies, and all the
comprehensive plan amendments that we did. He has the right to come before
you for your consideration.
Vice Mayor Plummer: That's for sure. He has the right to appear.
Commissioner Dawkins: What's the staff recommendation?
Mr. Olmedillo: Denial, sir.
Commissioner Dawkins: Denial?
Mayor Suarez: OK. Why don't we do this. Since there is no one opposing him
at this point, from what you can ascertain here, right Guillermo? - I've
called it out.
Mr. Olmedillo: That is correct.
Mayor Suarez: OK. Unless any Commissioner wants to move it, I'm going to
swear him in as required...
Commissioner Dawkins: I move to follow the recommendation of staff.
Mayor Suarez: Well then he is going to have to be heard, because he is
against the recommendations, Commissioner Dawkins. All right, swear him in
ma'am. And we may need an interpreter here, Sergio, I don't know. So f ar, I
haven't communicated real well with him.
Vice Mayor Plummer: Who is going to interpret, who is going to translate for
Sergio?
Mr. Olmedillo: You will.
Mayor Suarez: Gloria, would you then?
Vice Mayor Plummer: I never understood him yet.
Mr. Olmedillo: What were you saying?
Mayor Suarez: Mr. Armadillo.
Mr. Olmedillo: Yes, Mr. Mayor.
184 December 6, 1990
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Mayor Suarez: No, Armadillo is what they called you before.
Vice Mayor Plummer: Armadillo.
Mayor Suarez: Please, please, let's get him sworn in please, before we
totally break down in order here.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.
Mayor Suarez: Go ahead, sir, and make your presentation. Do it slowly
because he is...
Vice Mayor Plummer: Wait a minute, just for my edification. Did he
understand what he just agreed to?
Mr. Rodriguez: HABLE DESPACIO. MIRE, USTED HA JURADO QUE USTED VA A DECIR LA
VERDAD.
Mayor Suarez: SI, EL JURAMENTO SI. Swearing in, everybody understand it.
Vice Mayor Plummer: Yes, but when you swear him in English, and the man says
he doesn't speak English, is it in effect?
Mayor Suarez: He didn't even say that yet, but anyhow...
Unidentified Speaker: It doesn't count.
Vice Mayor Plummer: It doesn't count. OK.
Ms. Hirai: It's translated, Commissioner.
Vice Mayor Plummer: Maybe, that's a way to get around the ordinance, OK.
Mayor Suarez: OK, sir, make your presentation. USTED PUEDE HACER SU
PRESENTACION, EXPLICAR PORQUE USTED ESTA PIDIENDO ESTE CAMBIO.
Mr. Rodriguez: HABLE DESPACIO, POR FAVOR.
Mr. de los Reyes: BUENO, YO LO QUE PEDIA ERA PARA LA ZONIFICACION COMERCIAL
PORQUE PARA HACER UNAS NAVES AHI EN ESE LADO. PORQUE HAY EN ESOS LADOS, TODO
ESO AL FRENTE DEL OTRO LADO ES COMERCIAL. ENTONCES, YO... PARA HACER UN PAR DE
NAVES AHI PARA MI TRABAJO.
TRANSLATION: I was asking for the commercial zoning, because I want to do
some warehousing in that area. Facing this property on the side, is
commercial. I want to do two warehouse buildings so that I can do my work
over there.
Mayor Suarez: What kind of warehousing would he do there? Classic
warehousing, like storage, or?
Mr. Rodriguez: QUE TIPO, QUE CLASE DE NAVE USTED HARIA ALLI?
Mr. de los Reyes: BUENO, UNAS NAVES PEQUENAS, PARA PONER... YO PONGO CERCA Y
HAGO REJAS.
TRANSLATION: He will do a small workhouse building, he does work with fences,
and he does iron railings.
Mayor Suarez: Does that sound like the kind of thing... let me just ask him
now. The kind of thing would create great deterioration in the neighborhood
or something? I mean, we have recommended against at all levels?
Vice Mayor Plummer: Well Mr. Mayor, the problem that you have up there, if
you are not familiar with the property. The problem is that really anything
you do to that property, you can't hurt it.
Mayor Suarez: That's what I am thinking...
Vice Mayor Plummer: But the point of it is, you can't keep continuing doing
it in piece meal. That's why we asked for the study before, to see whether or
not there was sufficient in which the whole area could be changed
185 December 6, 1990
rather than slicing the baloney. Staff came back and this Commission, somehow
or another, agreed that it was not ready for any change at this particular
time. There were residents who came here who said, we don't want it changed,
we want to remain living there. We don't want our taxes to be tripled when
you change it to commercial.
Mayor Suarez: Are those single lots you see there right adjoining his
property and heading south from it? Those are all actual single family
residential?
Vice Mayor Plummer: Some of them are.
Mr. Olmedillo: Those are. Yes, there are some buildings, there are even some
new buildings on the other side of the street.
Vice Mayor Plummer:: Yes, but half of them are used as a commercial use.
Mayor Suarez: Are they used as single family homes?
Mr. Olmedillo: That is correct, sir.
Vice Mayor Plummer: Well, that's what they show at the front door.
Mr. Rodriguez: Some of them. No, some of them. We have been going through
the area. Some of them aren't.
Mr. Olmedillo: Mailbox shows...
Vice Mayor Plummer: Yes, the mail box shows that it's a single family
residence. Now, what takes behind the wall is what actually happens. Some of
them are small manufacturing plants.
Mr. Rodriguez: This came originally up about because there was, I have been
told, code enforcement case against this man and...
Vice Mayor Plummer: Oh, one more leniency.
Mr. Rodriguez: ...sometime ago and at that point, it was brought before you
to try to solve it through a zoning change and that was about two years ago, I
believe.
Mayor Suarez: Do you have any idea why no one is here?
Commissioner Alonso: That is really...
Vice Mayor Plummer: Because they went through it before. See, all the rest
of the people - some of those people in green would love to get theirs because
they would love to sell out and move. They can't get any money for it as a
single residence. OK? But if it was changed to commercial, if theirs was
changed like this one is being changed, they could sell it, they could get
money.
Mayor Suarez: Well, that's the kind of thing that when we do a planning
study, we end up recommending the change so that the area becomes more stable
instead of having nonconforming uses or people who, like you're saying now,
are hoping that this change will happen so that they can sell, et cetera, et
cetera. It doesn't sound like it's a very stable area, does it?
Commissioner Alonso: It does not.
Mr. Olmedillo: When we were there, the survey showed that basically, yes, it
was a stable area. It was a mixed bag, but stable. You have some apartments,
some single family residences, but...
Mayor Suarez: I have to tell you, I get a slightly different view of it from
Vice Mayor Plummer. It's been a while since I was up there, but it didn't
sound stable from the way he's saying.
Mr. Rodriguez: From the middle of the block to the south, you see a lot of
commercial development, and when you are...
Mayor Suarez: That would be from what street? -from 37th south?
186 December 6, 1990
Mr. Olmedillo: Correct. Yes, from 37th...
Mr. Rodriguez: More or less in that area.
Commissioner Alonso: Could we delay taking an action today and perhaps some
of us can go there with some members of the staff and then make really the
best decision for the case. That really surprises me.
Mayor Suarez: Because he has no one opposing him and it's sad just to deny
and then have the area flounder around for another, God knows, what number of
years. Gloria, you don't seem pleased.
Commissioner Alonso: Exactly, especially if people adjacent to this property
might have the front that they are a single resident when, in fact, they have
a business inside.
Mayor Suarez: Yes.
Mr. Rodriguez: I don't know that, I couldn't tell you that.
Mayor Suarez: J. L. keeps saying it. Are you not on the same wave length? I
see a lot of... You're sort of a in-house citizen activist? You're not going
to get in trouble with him, I... not too much.
Ms. Gloria Fox: No, it was taken in front of Code Enforcement Board because
some of the neighbors complained. At the earlier board hearings, the lower
level board hearings, some of the neighbors who live right across the street
from it showed up and they were unhappy and they were concerned about it.
Mayor Suarez: What happened to them all? Did they give up?
Ms. Fox: I think they believed that it was going to get approved and that the
best thing they could hope for was that this man, who's a nice man, was going
to come up with some kind of fencing or thing that might help mitigate some of
it.
Mayor Suarez: Looks like a nice man.
Commissioner Alonso: He looks like a nice man.
Ms. Fox: You know, I just feel bad because I don't want you to feel that it
came up for no reason. There were neighbors who were concerned and that was
why it started in front of Code Enforcement Board, then why this gentleman
sought to...
Mayor Suarez: Is it conceivable at all that some of the people have, in fact,
just left the area or sold out, or otherwise changed their mind that this is
not a bad thing after all, or....
Vice Mayor Plummer: They can't sell it, they can't sell it. Nobody will buy
it.
Mr. Olmedillo: It's been two years. The way out, Mr. Mayor, this is first
reading. Then we have to go to DCA for the comp plan amendment. We got three
months to look at it over and come back on second reading.
j Commissioner Alonso: So, it will be better to change it to commercial, the
area?
Vice Mayor Plummer: My dear, I was the one that asked for the study before
hoping that that would come back, but it did not. You know, let me tell you
something. I think that maybe I sense up here today, a different feeling. I
would ask this matter be sent back to the Zoning Board or to the department
and with as strong instructions as we can, to come up and change it from a
i residential character neighborhood.
Mayor Suarez: Particularly, if 36th Street can be the boundary. Is that
something that we think would happen? Would there, in fact, be 36th Street be
a boundary that would not...
Vice Mayor Plummer: Of course, that's where the commercial is now.
187 December 6, 1990
Mayor Suarez: Is that a sort of natural boundary of use that would make
sense?
Mr. Olmedillo: Yes, the only thing that I would advise you is the fact that
this would be a bigger than three acres, which will waste or will use up one
of the opportunities that you have to amend the plan.
Mayor Suarez: Yes, but we can't spend all our lives not trying to use up one
of those two opportunities. We haven't yet, it seems like, ever used one of
them up.
Mr. Olmedillo: That's fine, but...
Mayor Suarez: Plus, we can... there's extraordinary process to get approval
too, even if you go beyond two, right?
Mr. Olmedillo: There's some opportunities to go beyond two.
Mayor Suarez: Yes, we can change the DCA director, we can change the
governor, we can do a lot of things. Anyhow, in fact that did happen, if I
noticed correctly. Your idea, J.L., is to send it back for study.
Commissioner Alonso was saying maybe just not to act on it today and us
personally look at it. Either way, I'm OK.
Vice Mayor Plummer: Do you want to defer it? That's fine with me.
Mayor Suarez: Either way, I'm OK.
Commissioner Alonso: Wait, I don't feel right. Something is wrong with this
area definitely. This gentleman is asking for the change. No one is opposing
him. J. L. has mentioned that something funny is going on in some of the
residences. Some people hoping this to be changed to commercial and so they
can get out, sell, change it. And I see so many different commercial and then
his property and then the blue is what?
Mr. Olmedillo: The blue is also his property.
Vice Mayor Plummer: Also what he owns.
Commissioner Alonso: Also his property, so maybe he's having commercial in
that property now, who knows? You know...
Mr. Rodriguez: So, you want to...
Vice Mayor Plummer: Well, what do you want to do? You want to restudy it or
do you want to go look at it?
Commissioner Alonso: If I am upset and I live next to him, I will be here
saying, I am upset if you change it to commercial.
Mayor Suarez: Guillermo was recommending passing it on first reading,
that's... I think
Commissioner Alonso: I, for one, would like to...
Mr. Olmedillo: Three months.
Mayor Suarez: Mr. Armadillo.
Commissioner Alonso: ...due to the circumstances that I have found here
today, I think it will be best not to act today and come back with some...
Vice Mayor Plummer: I move that items one and two be deferred.
Commissioner Alonso: Second.
Mayor Suarez: OK, you understand? Usted entiende?
Vice Mayor Plummer: Continue for further information until January the 24th.
188 December 6, 1990
t %
Mayor Suarez: USTED ENTIENDE QUE LO QUE VAMOS A HACER ES POSPONER TOMAR ESTA
DETERMINACION PARA QUE PODEMOS IR A VER EL AREA Y FAMILIARIZARNOS MAS PORQUE
NO ENTENDEMOS PORQUE LOS VECINOS NO ESTAN AQUI 0 EN APOYO 0 EN CONTRA SUYA.
SI ESTAN EN APOYO, COMO ALGUNOS DE ELLOS HAN FIRMADO, A LO MEJOR LOS DEBE
TRAER. OK?
Mr. de Los Reyes: LA SENSILLA RAZON ES QUE TODOS ESOS QUE ESTAN AHI, TODO
ESTE LADO SON COMERCIAL. Y LAS OTRAS CASAS QUE SIQUE, HABIA UNA CASA DE
'CRACK' QUE LAS TUMBARON, Y MAS ABAJO LO QUE HAY ES UN POCO DE...
Mayor Suarez: OK, we're going to take all of that up at the next Commission
meeting. You're going to have to come back one more time, but you may be
heading in the right direction here. We have a motion and a second. Any
discussion? If not, please call the roll.
ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY ALONSO, THE ABOVE ITEM WAS CONTINUED TO
THE COMMISSION MEETING OF JANUARY 24, 1991, 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.
64. SECOND READING ORDINANCE: AMEND 11000 ZONING ATLAS AT 2490-2670 N.W. 18
TERRACE FROM R-2 TWO FAMILY RESIDENTIAL TO SD-4 WATERFRONT INDUSTRIAL
(Applicant: Planning, Building & Zoning Dept.). (Note: Pursuant to City
Attorney's direction, the hereinbelow ordinance was changed to
constitute a second reading ordinance - see memo on file.)
Mr. Olmedillo: PZ-4, Mr. Mayor and Commissioners, this item is Paradise
Point. You may remember that the community came to you...
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Does anyone wish to be heard on this item?
Mr. Olmedillo: This is second reading.
Mr. Rodriguez: This is the second reading.
Mr. Olmedillo: To clarify the record, this is second reading.
Joel Maxwell, Esq.: For the record, this is second reading.
Vice Mayor Plummer: It says first.
Mr. Rodriguez: I know...
Mr. Olmedillo: That is correct, but it had already...
Mr. Maxwell: That's a typographical error.
Commissioner Alonso: Yes, but it's second reading.
Mayor Suarez: Typographical error and that's all that was meant by that
gesture made by the attorney who got up and waved in the air like it was the
end of the world.
189 December 6, 1990
Commissioner Alonso: I hope so.
Vice Mayor Plummer: Can we legally address this as second reading, when it
was advertised to the contrary?
Mr. Maxwell: It was advertised... yes, sir, you can.
Vice Mayor Plummer: If that's all, thank you.
Mayor Suarez: OK...
Vice Mayor Plummer: Call the roll. Read the ordinance.
Mayor Suarez: From this point forward, if you ever want to signal to and you
don't want to speak, you go like this, OK? Just in case. All right. We've
got a motion and a second. Read the ordinance.
Vice Mayor Plummer: If you want to get rid of the Mayor, you go like this.
Mayor Suarez: No way, that's what she did.
Vice Mayor Plummer: I'm getting paranoid over here.
Mayor Suarez: Call the roll, please.
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 APPROXIMATELY 2490-2670 NORTHWEST
18TH TERRACE WHICH IS AN AREA GENERALLY BOUNDED BY THE
MIAMI CANAL, THE MIAMI RIVER AND A LINE APPROXIMATELY
100 FEET EASTERLY OF AND PARALLEL TO THE EAST RIGHT-
OF-WAY LINE OF NORTHWEST 27TH AVENUE, MIAMI, FLORIDA
(MORE PARTICULARLY DESCRIBED HEREIN), FROM R-2 TWO
FAMILY RESIDENTIAL TO SD-4 WATERFRONT INDUSTRIAL; BY
MAKING FINDINGS; AND BY MAKING ALL NECESSARY CHANGES
ON PAGE NUMBER 25 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 , 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. 10822.
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.
190 December 6, 1990
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65. GRANT REQUEST FOR CITY COMMISSION REVIEW OF CLASS C SPECIAL PERMIT
APPLICATION (90-1571) AT 3049-3055 S.W. 27 AVENUE (with proviso).
(Applicant: Antonio Marina.)
Mayor Suarez: PZ, whatever the next one is. Six, thank you.
Mr. Sergio Rodriguez: PZ-5.
Mr. Guillermo Olmedillo: PZ-5.
Commissioner Alonso: Five.
Mayor Suarez: Five. I should have known not to rely on you.
Mr. Olmedillo: Property located on 3049 S.W. 27th Avenue. This is SD-13, as
you know. This Commission...
Vice Mayor Plummer: Whoa, what are we approving?
Commissioner Alonso: Trees.
Mr. Olmedillo: Landscape plan. The landscape only.
Vice Mayor Plummer: Do you recommend it?
Mr. Olmedillo: We recommend, except...
Vice Mayor Plummer: Move it.
Mr. Olmedillo: ...in the back...
Vice Mayor Plummer: What?
Mr. Olmedillo: ...be twenty feet.
Commissioner Alonso: The trees be... the trees...
Mr. Olmedillo: Yes, the height of the trees to be 20 feet in the back.
Vice Mayor Plummer: Jeez, wait a minute. Ay!
Mayor Suarez: Where are we? Coffee spill.
Mr. Olmedillo: On twenty feet.
Vice Mayor Plummer: Subject.
Mayor Suarez: Very good coffee.
Mr. Olmedillo: Subject to 20 foot trees in the back.
Vice Mayor Plummer: No mas? Gracias.
Mr. Rodriguez: So, subject to the change of the trees, it will be 20 feet in
the back as...
Vice Mayor Plummer: Move it subject to the moval of the trees.
Mayor Suarez: Moved. Do we have a second?
Commissioner Dawkins: Second.
Commissioner Alonso: Yes, second.
Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance.
Joel Maxwell, Esq.: It's a resolution.
191 December 6, 1990
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-967
A RESOLUTION WITH ATTACHMENT, CONDITIONALLY
AUTHORIZING THE PLANNING DEPARTMENT TO PROCESS CLASS C
SPECIAL PERMIT FILE NO. C-90-1571, RELATING TO THE
PROPOSED CONSTRUCTION OF A TWO STORY (RETAIL GROUND
LEVEL, OFFICE ABOVE) BUILDING TO BE LOCATED AT
APPROXIMATELY 3049-3055 SOUTHWEST 27TH AVENUE, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), AFTER
REQUIRED REVIEW BY THE CITY COMMISSION OF LANDSCAPE
PLANS.
(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.
66. GRANT APPEAL (REVERSE ZONING BOARD'S DENIAL OF SPECIAL EXCEPTION) - TO
ALLOW ADDITION OF A TWO-STORY STRUCTURE CONTAINING FOUR RESIDENTIAL
UNITS AT 3160 S.W. 23 STREET (with proviso). (Applicant: Benito & Diana
Fernandez.)
Mayor Suarez: PZ-6
Mr. Guillermo Olmedillo: PZ-6 is an appeal. Traditionally, the appellant
comes up first.
Mayor Suarez: What was that Guiller?
Mr. Olmedillo: It's an appeal and the...
Commissioner Alonso: Oh, that was from the last meeting. The lady wasn't
here and we requested that...
Mr. Sergio Rodriguez: The appellant comes first. This is the lady that last
time wasn't here and the other lady tried to represent her.
Mr. Olmedillo: For the record, the property is located at 3160 S.W. 23rd
Street.
Mr. Olmedillo: Yes, the appellant...
Mayor Suarez: Is there anyone here against the application? OK, let the
record reflect that no one stepped forward. Please swear in the applicant and
anyone else that's going to speak on behalf of the applicant, Madam City
Clerk.
Ms. Diana Fernandez: Yes, my name is Diana Fernandez and I live...
Mayor Suarez: She's going to swear in everybody even as to the name and
every...
192 December 6, 1990
Ms. Fernandez: Oh, I'm sorry.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.
Ms. Fernandez: Then, I can speak now? Yes, my name is Diana Fernandez and I
live at 3160 S.W. 23rd Street and I am the owner. And Eve Eliasson will be
speaking on my behalf.
Mayor Suarez: OK, how come you didn't come last time? You didn't know you
had to be here?
Ms. Fernandez: I didn't come last time because we got a little disappointed
with the person that was representing us.
Mayor Suarez: Ah. You fired him.
Ms. Fernandez: You can say so, yes.
Mayor Suarez: Is she representing you for compensation?
Ms. Fernandez: No.
Mayor Suarez: OK, because if she were, she'd have to file some papers. OK,
go ahead and tell us whatever you want on this.
Ms. Eve Eliasson: We're just appealing this on the basis of what appears to
be gross inequity. It may not be, but it appears that way. So, we'd like...
Mayor Suarez: Did you put your name in the record, please? She kind of did
for you, but just in case.
Ms. Eliasson: What is that?
Mayor Suarez: Just say your name and address.
Ms. Eliasson: My name is Eve Lynne Eliasson and I have property out in the
same area. And when I was here be...
Mayor Suarez: It would be helpful if you gave us an address, a business
address, so that if we have to communicate with you as the representative of
this applicant. Any kind of an address.
Ms. Eliasson: 2530 S.W. 15th Street is my residence.
Mayor Suarez: Thank you.
Vice Mayor Plummer: Excuse me, just for my clarification on the record. The
problem here is that there are four units existing on a two unit lot?
Mr. Olmedillo: No, they have, through the special exception process, they
have a lot which is large enough so that the Zoning Board can consider it up
to four units. Now, what happened is that the Planning Department recommended
two parking spaces per unit.
Vice Mayor Plummer: Right.
Mr. Olmedillo: The Zoning Board ruled, as a final decision, two parking
spaces per unit.
Vice Mayor Plummer: Right.
Mr. Olmedillo: The applicant appealed that decision to you. Everything else,
the Planning Department and the Zoning Board agreed to except for the parking.
Vice Mayor Plummer: So, legally, they are entitled to put four units...
Mr. Olmedillo: They are not entitled. It's a permissible, it's a granting of
a special exception.
Vice Mayor Plummer: They have a permissible use for four units.
193 December 6, 1990
Mr. Olmedillo: That is up to four units.
Vice Mayor Plummer: And they don't want to comply with the parking.
Mr. Olmedillo: And they claim that they cannot comply with the parking
requirements that we are...
Vice Mayor Plummer: OK, how many parking spaces do they want to provide?
Mr. Olmedillo: Six.
Vice Mayor Plummer: Six.
Mr. Olmedillo: Which takes up the entire frontage of the property.
Vice Mayor Plummer: And no landscaping.
Mr. Olmedillo: As you can see in the diagram - yes, they do have landscaping,
but the six parking spaces in the front will take up all the space and you
eliminate un....
Vice Mayor Plummer: Why can't they put the parking in the rear?
Mr. Olmedillo: The house in the front is built so...
Vice Mayor Plummer: The what?
Mr. Olmedillo: The structure in the front is built already so they cannot
go... there is not enough room between the property line and the building
itself to squeeze a car through.
Vice Mayor Plummer: So the back unit then is for two additional?
Mr. Olmedillo: Two additional units in the back.
Vice Mayor Plummer: And the six parking spaces are there now.
Mr. Olmedillo: They would provide them.
Vice Mayor Plummer: No, excuse me, how many parking spaces are there for the
front unit that's built?
Mr. Olmedillo: At the time that we were there, there were two parking spaces
for the unit that is built today. Two, two on the side.
Ms. Eliasson: There are no parking spaces, none.
Mr. Olmedillo: There is a space where you can pull the car in the front yard.
Ms. Eliasson: There are no parking spaces. There were none provided. This
was built in 1949.
Vice Mayor Plummer: OK.
Ms. Eliasson: At that time, there was no parking required. It hasn't
changed. I have a picture of the property right here and you can see that it
has not had any parking provided. There are only four lots down 23rd Street
with a 75 foot front. All the rest of them have a 50 foot front. Now, what
we're requesting is that we be permitted to put two more apartments in the
rear. We have property that is right now assessed at fifty-eight - it's over,
almost $59,000 for the lot. All up and down the street the other lots are
evaluated or appraised at $45,000. We have less than 2,000 square feet under
roof and properties that have only 50 feet have over 4,500 square feet, excuse
me. It's double, it's more than double that is permitted. And I have the
pictures here. If the Commission would permit me, I'll be glad to show you
what the problem is. This is the type of property, the three right here.
Vice Mayor Plummer: Well, but my understanding correctly, the only point of
the appeal is in reference to the parking?
Mr. Olmedillo: That is correct, sir.
194 December 6, 1990
i
Mr. Rodriguez: That's why they are appealing it.
Mr. Olmedillo: Speak on the record.
Mayor Suarez: OK, you can leave it here and then go back to the mike so we
can hear you on the record. This is a beautiful structure here.
Ms. Eliasson: Yes, but it covers every single square foot...
Mayor Suarez: OK...
Ms. Eliasson: ...and it's on a 50 foot lot.
Mayor Suarez: But we need you on the record either you take that hand held
mike with you or you go right back to...
Ms. Eliasson: That beautiful structure is beautiful. But it's two stories
high and they don't even... well, if there's a setback, it's totally covered.
The building meets the requirements, but they have built right up to the wall
and they have put up walls. We hadn't done any of that and we're not
permitted to use 75 x 75 square feet in the rear of the property. We're
paying tremendous taxes on it.
Mayor Suarez: Wait a minute, that doesn't make any sense. Seventy-five by
seventy-five square feet. What do you mean? You mean an area...
Ms. Eliasson: That's an area.
Mayor Suarez: ...of 75 feet by 75?
Ms. Eliasson: Yes, the house...
Mayor Suarez: You're not permitted to use that area?
Ms. Eliasson: There's no use for it.
Vice Mayor Plummer: Well, it's a backyard.
Ms. Eliasson: No...
Mayor Suarez: A 75 foot by 75 foot backyard?
Mr. Olmedillo: Oh, the lot is 75 x 150.
Ms. Eliasson: The whole lot.
Mr. Olmedillo: The present structure occupies the first half, the front half,
the front half. So the back half, which is 75 x 75 is vacant.
Vice Mayor Plummer: But has it been replatted or is it one lot or is it two?
Commissioner Alonso: No, no, it's the law.
Mr. Olmedillo: No, no, it's one lot. It's one lot.
Commissioner Alonso: ...they are allowed to add the units. The problem there
for having it is that the way that the house is built, they don't have any
space to go inside and, let's say, we are going to have additional parking in
the back. That's the problem we are having.
Mr. Olmedillo: Right.
Mr. Rodriguez: Right.
Mayor Suarez: They can't get to the back?
Commissioner Alonso: But, any... so, actually, what they are asking is for
relief because they have the lot. They qualify under the law but according to
the way that house has been placed on that property, they are not allowed to
go inside and have extra parking. So, actually they are asking something that
makes lots of sense and they have no way of providing additional parking
because they don't have the access. So...
195 December 6, 1990
4
Vice Mayor Plummer: But they don't meet all the requirements.
Ms. Eliasson: May I speak?
Vice Mayor Plummer: Are you willing to stipulate, for the record, that if we
were to approve this, that there will never be more than six cars at that
location?
Ms. Eliasson: Absolutely. There isn't any reason for more than that. You
see, this house that...
Mayor Suarez: Well, we hear that all the time. The important thing is, are
you willing to stipulate and put into...
Vice Mayor Plummer: You realize if you stipulate to that and we count seven
cars, you lose that permission.
Commissioner Alonso: Can we require that?
Vice Mayor Plummer: We can voluntarily contribute anything.
Ms. Eliasson: See, the thing is, the... what you're permitted on 50 feet has
eight bedrooms. We're not asking for any more than that. And they don't have
anywhere near the parking space.
Vice Mayor Plummer: Are you willing to voluntarily covenant that if this is
approved, that you will guarantee that there will never exceed six automobiles
for the residents and do you understand that if you do such, that if we ever
count seven, you have lost your permission?
Ms. Eliasson: Absolutely, there isn't any reason...
Mr. Olmedillo: Mr. Vice Mayor...
Mr. Rodriguez: This is special exception.
Mr. Olmedillo: ...you can apply any conditions that you...
Vice Mayor Plummer: Well, that's what I'm willing to do.
Mr. Olmedillo: You don't need a covenant. You can apply the conditions.
Vice Mayor Plummer: Fine, we'll apply the conditions and if we ever count
seven automobiles, you've lost your money.
Commissioner Dawkins: How many units are we talking about, just off the top
of my head?
Vice Mayor Plummer: Four.
Mr. Rodriguez: Commissioner, I want to make sure that you understand...
Ms. Eliasson: Just four.
Commissioner Dawkins: All right. OK, hold it. Hold it, please. You're
talking about four units, OK? Now, in this day and age, most people travel by
automobile. Am I right?
Ms. Eliasson: A lot of them do.
Commissioner Dawkins: So now, it's inconceivable to think that you're going
to have four units that will not have two adults, man and wife. Am I right?
OK?
Ms. Eliasson: Yes, that's true.
Commissioner Dawkins: If man and wife has to go to work, man and wife will
probably have a car a piece. They have to in order to commute, so, I mean,
I'm just, you know, trying to pass on some thoughts to you. Now, if you have
8 units and for the sake of discussion - I mean four units - and let's say for
the sake of discussion, two of them have two cars. That's your six spaces.
You don't have a car for the other or one person.
196 December 6, 1990
Ms. Eliasson: I can't see that there's a problem, because after all, we are
the landowners and if we decide to lent to somebody, it can be with a
stipulation. I do it all the time. I can't see why there should be a
problem.
Vice Mayor Plummer: Mr. Mayor, I move this item be approved with a
stipulation that says that if, at any time, that the Zoning Department finds
more than six automobiles, it is automatically revoked. I so move.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded.
Miriam Maer, Esq.: Mr. Commissioner, I just would like to point out that an
automatic revocation raises certain questions about due process.
Commissioner Alonso: Demolition.
Vice Mayor Plummer: Well, what?
Ms. Maer: There would be a citation and it would go to the Code Enforcement
Board and there would be discussion and they'd agree to move their car....
Vice Mayor Plummer: No, don't send them to the Code Enforcement Board.
Mayor Suarez: By whatever the proper procedures, we would be notified or
however it has to be done.
Ms. Maer: I'm just saying that I think that this almost...
Vice Mayor Plummer: Why? If they agree to an automatic, why should we try to
do anything to the contrary?
Mayor Suarez: Maybe we test it. Maybe we test it at that point, the
constitutionality of it.
Vice Mayor Plummer: I want to ask you one question. Sixteen, oh, three So.
Bayshore, is the doctor out? Answer my question.
Mr. Rodriguez: Today I wrote my papers...
Vice Mayor Plummer: Is the doctor out?
Mr. Rodriguez: Wait, no, no, no, wait a minute. I got to look for my papers.
Vice Mayor Plummer: It is now nine months in front of Code Enforcement. Is
the doctor out?
Mayor Suarez: By the way, we have no idea what this other matter is that he's
talking about. Just in case you're confused, we're equally confused.
Mr. Rodriguez: What is the address again?
Mayor Suarez: This is something that triggered in his mind, some other case,
and...
Mr. Rodriguez: Sixteen, oh, three, So. Bayshore Drive.
Vice Mayor Plummer: Right.
Mr. Rodriguez: Code Enforcement case number 9612...
Vice Mayor Plummer: Is the doctor out?
Mayor Suarez: Who is the doctor?
Vice Mayor Plummer: Huh?
197 December 6, 1990
I SO
11
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Mr. Rodriguez: The board found him guilty and gave him until 12/12/90 to
comply.
Vice Mayor Plummer: That's nine months ago! OK?
Mr. Rodriguez: Well, today I'm ready...
Vice Mayor Plummer: Are the doctors out?
Commissioner De Yurre: That's the doctor that did the plastic surgery on J.L.
Mr. Rodriguez: Today I'm ready.
Vice Mayor Plummer: Let me tell you something, the Code Enforcement Board is
totally ineffective.
Mayor Suarez: All right. Having said all of that and subject to the City
Attorney giving us pre proper enforceable form and if not, we'll be in the
Supreme Court of the United States if anyone ever wants to test it as to due
process. Hopefully, you won't raise the due process argument. In fact,
hopefully, you won't ever violate the condition that you have agreed to. We
have a motion. Do we have a second?
Vice Mayor Plummer: Yes.
Mayor Suarez: Second. Any discussion?
Ms. Eliasson: Mr....
Mayor Suarez: No, I would not, if I were you. Because you're going pretty
well so far.
Vice Mayor Plummer: Stop while you're ahead.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-968
A RESOLUTION REVERSING THE DECISION OF THE ZONING
BOARD AND THEREBY GRANTING THE SPECIAL EXCEPTION AS
LISTED IN ORDINANCE 9500, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, SCHEDULE OF DISTRICT
REGULATIONS, PAGE 1 OF 6, PRINCIPAL USES AND
STRUCTURES TO ALLOW THE ADDITION OF A TWO-STORY
STRUCTURE CONTAINING TWO RESIDENTIAL UNITS FOR A TOTAL
OF FOUR RESIDENTIAL UNITS, AS PER PLANS ON FILE FOR
THE PROPERTY LOCATED AT APPROXIMATELY 3160 SOUTHWEST
23 STREET, MIAMI, FLORIDA, ALSO DESCRIBED AS LOT 11
AND THE WEST 1/2 OF LOT 10, BLOCK 10, MIAMI SUBURBAN
ACRES AND., AS RECORDED IN PLAT BOOK 4 AT PAGE 73 OF
THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, ZONED RG-
1/3 GENERAL RESIDENTIAL (ONE AND TWO FAMILY); SUBJECT
TO THE CONDITION THERE BE NO MORE THAN SIX (6)
AUTOMOBILES LOCATED ON THE PROPERTY AT ANY ONE TIME.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins.
ABSENT: None.
198
December 6, 1990
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: I have to vote no because I don't believe it's possible
and I think it's an injustice, on my part, to demand something of somebody who
I know and feel within my heart will not work. I vote no.
COMMENTS MADE FOLLOWING ROLL CALL:
Vice Mayor Plummer: They were agreeable to it.
67. GRANT REQUEST BY STATE OF FLORIDA FOR VACATION AND CLOSURE OF N.W. 1
COURT (NORTH OF NORTH RIGHT-OF-WAY LINE OF N.W. 4 STREET AND SOUTH OF
SOUTH RIGHT-OF-WAY LINE OF N.W. 5 STREET) AS CONDITION OF APPROVAL OF
TENTATIVE PLAT (1384): STATE OF FLORIDA REGIONAL SERVICE CENTER (with
provisos).
Mayor Suarez: What's item PZ-7, State of Florida?
Mr. Sergio Rodriguez: Street closure.
Mayor Suarez: Street closure. Is this related to...
Vice Mayor Plummer: What are we getting in return? What are we getting in
return for closing the street?
Mayor Suarez: Got a new governor.
Vice Mayor Plummer: No, no, no. I love him dearly, but that's not enough.
What is the City getting in return for the closing of the street? I'm
assuming when you say, close the street, that means dedicated to the State of
Florida. Is that correct? What is the State of Florida giving us?
Dr. Luis Prieto: The only condition, I know is that they are going to take
out an empty fuel tank that is in the
Vice Mayor Plummer: The hell you say! How many square feet are involved?
Mr. Prieto: OK, I can...
Vice Mayor Plummer: The last time we bought property from the State of
Florida, they charged us and we paid it, which was only right.
Mayor Suarez: You know, J.L., the legality of this, I think, generally, is
suspect. But when you're dealing with another governmental agency that
happens to be one that also has jurisdiction over us.
Vice Mayor Plummer: All I'm asking, what are they doing...
Mr. Prieto: Around twelve thousand...
Vice Mayor Plummer: ...I didn't say I wanted money, did I?
Mr. Prieto: Twelve thousand.
Vice Mayor Plummer: I said, what are they doing for us? We're doing
something for them. What are they going to do for us?
Mr. Prieto: What do you sug...
Vice Mayor Plummer: Is that not a reasonable question? They're going to
acquire 12,000 square feet...
Mr. Prieto: Twelve thousand.
Vice Mayor Plummer: ...of property.
Mr. Prieto: Right. Downtown...
199 December 6, 1990
Vice Mayor Plummer: Downtown, major beautiful property. Now, what are they
going to do for us in return? I think that's a reasonable question.
Mr. Prieto: Perhaps we have some things pending we could bring up.
Vice Mayor Plummer: Well, I'm willing to listen. Is there anybody here from
the state? I'd love to hear from you, sir. I mean, you know, Santa Claus
only comes once a year.
Mr. Steve Mathues: Obviously, you haven't seen the whole story, Commissioner.
Vice Mayor Plummer: I'm sorry?
Mr. Mathues: Obviously, you haven't heard the whole story. Maybe I can give
you some background.
Vice Mayor Plummer: Well, obviously, first, we would like your name, your
address, and who are represent.
Mr. Mathues: I understand that. My name is Steve Mathues. My business
address is 2737 Center View Drive, Suite 309, Tallahassee, Florida, 32399-
0950. I represent the Department of General Services who is the applicant in
this proceeding. This street closure is a small part of the replat process
and one condition of the replat. It has been approved through public works
and what you're getting in return, in addition to the issue of the removal of
the petroleum storage tank, which, we believe is either on City property or on
County property, that's yet to be determined, is several hundred feet of 12
inch water line being replaced. The surface of S.W. 4th Street being replaced
or refurbished as necessary, from - I forget which avenue it is, to the right-
of-way for Metrorail.
Vice Mayor Plummer: But none of this has to be done, of course, if the street
is not closed.
Mr. Mathues: It has to be done for the replat.
Vice Mayor Plummer: No, but I'm saying, if we vote to not close the street,
none of that work has to be done.
Mr. Mathues: Probably not.
Vice Mayor Plummer: OK. Now, I'll ask my question again. You are getting
12,000 square feet of downtown property. You're asking us to vote to give it
to you. What are you going to give the residents and taxpayers of this City
in return?
Mr. Mathues: We are in the process of negotiating with your Parking Authority
for the use of the parking garages, the construction of which caused this
replat process to surface.
Vice Mayor Plummer: That's fine. Off Street parking is an arm of this
Commission. They are not the taxpayers.
Mr. Mathues: As a practical matter, this street has been closed for any
number of years, I can't tell you how long.
Vice Mayor Plummer: It's not the point. They're asking me to deed property
to the State of Florida, OK?
Mr. Mathues: Actually, I believe it's already held by the State of Florida.
Vice Mayor Plummer: Then why are you here?
Mr. Mathues: We have constructive trust over it.
Vice Mayor Plummer: Why are they here if it's already owned by the State of
Florida?
Mr. Prieto: As far as I know, it's still owned by the City of Miami.
Vice Mayor Plummer: Well, I would assume or it wouldn't be before us.
200 December 6, 1990
Mayor Suarez: It may be an issue of an easement at this point. No? It's not
an easement or a life estate or...
Vice Mayor Plummer: I don't understand. You know, I don't understand how
people come before this Commission...
Mayor Suarez: Couldn't have a life estate, could you?
Vice Mayor Plummer: That is...
Mayor Suarez: That's why Lucia is laughing.
Vice Mayor Plummer: You know, it's the public's property which will be taken
away by virtue of closing of the street and they don't offer us anything in
return. I don't under...
Mayor Suarez: The public's property taken away by another jurisdiction that
also represents the public. Although I will put it in perspective and say
they have a twenty-eight and a half billion dollar budget.
Mr. Mathues: Well, you say it's the public's property. It will be continued
in public use. What this is...
Vice Mayor Plummer: No, no, you're closing it.
Mr. Mathues: No, sir. It's been closed for actual transportation, as I said
earlier, for probably eight or ten years.
Commissioner Dawkins: Here's something, Mr. Mayor.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: I try not to, because J.L. is on the right track, you
have railroad crossings running through the City. When you try to get
something done, it's the State's responsibility and then the railroad says
it's my responsibility. And I get calls every week where people say they just
had their car aligned, they run across the railroad tracks. It knocks it out
of line and the railroad tells me they're not going to do anything. Everybody
wants something from the City and we don't get anything in return.
Vice Mayor Plummer: Well, let me tell you, I just hit a bingo. We use the
lots under I-95 for parking of the Police Department. How about if we trade
you? We'll give you this here and you give us those lots and own them.
Mr. Mathues: I beg your pardon, sir, what lots?
Vice Mayor Plummer: The lots under the I-95, the State of Florida owns the
property. We presently lease those lots from you, OK? And I'm sure we pay
them, right? We pay them under - maybe a dollar, OK. What I'm saying to
you...
Mayor Suarez: I was going to say, it's probably nominal pay, so don't...
Vice Mayor Plummer: What I'm saying to you, sir, and I'm willing to do and I
think it's great for both sides, we'll give you that property, you give us the
property under I-95, which we now don't own. You do. And we'll swap. No
money.
Mayor Suarez: Commissioner, I am sure - just to cut through this - I am sure
he has no authority for any such deal. If you want to simply continue it with
a suggestion that we get from the state, something like that property under
the expressway, that we probably ought to go ahead and put into our hands.
Vice Mayor Plummer: I'll tell you what I'll do, I'm benevolent, it's
Christmas time. I will approve this, subject to the State of Florida giving
us the same amount of square feet, 12,000, under I-95 that we can use for
parking for the Police Department.
Mayor Suarez: So moved.
Vice Mayor Plummer: So moved.
201 December 6, 1990
6 6
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please...
Vice Mayor Plummer: How could I be any fairer?
Mayor Suarez: ...call the roll.
Vice Mayor Plummer: Thank God, my brother is no longer chairman of
Transportation in Tallahassee.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-969
A RESOLUTION OFFICIALLY CLOSING, VACATING, ABANDONING
AND DISCONTINUING THE PUBLIC USE OF THAT PORTION OF
NORTHWEST 1ST COURT LOCATED NORTH OF THE NORTH RIGHT-
OF-WAY LINE OF NORTHWEST 4 STREET AND SOUTH OF THE
SOUTH RIGHT-OF-WAY LINE OF NORTHWEST 5 STREET, MIAMI,
FLORIDA; SUBJECT TO THE GRANT OF LAND TO THE CITY OF
MIAMI BY THE STATE OF FLORIDA UNDER I-95 IN THE AMOUNT
OF APPROXIMATELY 12,000 SQUARE FEET FOR POLICE
PARKING; SAID CLOSURE, ABANDONMENT AND DISCONTINUANCE
BEING A CONDITION FOR THE APPROVAL OF TENTATIVE PLAT
NO. 1384 - "STATE OF FLORIDA REGIONAL SERVICE CENTER".
(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.
Mayor Suarez: Not to undermine this suggestion, sir, but if, this doesn't fly
for whatever reason, State of Florida is certainly entitled to come back and
make its argument to have the street closure accepted with or without
consideration.
Mr. Mathues: One thing I did not have the opportunity to point out is that
this strip of property is currently between the State Office Building,
which is here specifically to serve the citizens...
Vice Mayor Plummer: Of course.
Mr. Mathues: ...and the parking garages which will serve your citizens who
are employed in those buildings and is merely...
Commissioner Dawkins: Wait a minute, hold it. Our citizens, they're citizens
of the State of Florida too.
Mr. Mathues: Yes, sir.
Commissioner Dawkins: OK, thank you.
Mr. Mathues: So, the issue of the state getting this property, that may be
true, but the use continues to be the most beneficial, I believe, for your
citizens.
Vice Mayor Plummer: Can I ask you one further question?
202 December 6, 1990
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Mr. Mathues: Certainly.
Vice Mayor Plummer: Assuming that you're going to be just as benevolent that
I am. You acquire the property. What are you going to do with it? Why are
you acquiring the property?
Mr. Mathues: It serves as a walkway between the parking garage and the state
office building.
Vice Mayor Plummer: And you can't use it as a walkway now?
Mr. Mathues: We could walk over it and the liability, if it's being City
property, the liability, I assume, would stay with the City.
Vice Mayor Plummer: So we would have to put up a fence to stop the walking
through. OK, thank you.
Mayor Suarez: This all goes back - just in a humorous vein - this all goes
back to one time where the governor came down here and tried to start a bridge
without us having approved the final sale of that bridge land to the Port of
Miami, et cetera, you know, and at one point, the Commissioner wanted me to
have them arrested, which...
Vice Mayor Plummer: Hey, he's no longer governor. A lot of people in this
State agreed with me.
Mayor Suarez: We think that, you know, we give some land, we try to get some
land and then possibly in the process, someday we have just a little bit more
discretion of what to do with the land such as that stuff under I-95 there.
Mr. Mathues: Thank you very much.
Mayor Suarez: But I am sure that if it didn't work out for whatever reason,
we would review it again.
68. DENY APPEAL BY PLANNING DEPARTMENT - UPHOLD ZONING BOARD'S APPROVAL OF
SPECIAL EXCEPTION TO ALLOW CONSTRUCTION AND OPERATION OF A DRIVE-IN
TELLER FOR FINANCIAL INSTITUTION AT 1401 BRICKELL AVENUE (Applicant:
Brickell Land Holding Co.). (See label 69).
Mayor Suarez: PZ, what is the next one?
postponed.
Commissioner Alonso: Ten.
Mr. Sergio Rodriguez: Ten.
Mayor Suarez: Is it ten? -thank you.
I know eight and nine have
Mr. Guillermo Olmedillo: PZ-10 and 11 are related items. This is for 1401
Brickell. This is an existing building that is being remodeled. The only
reason why the appeal is in front of you and notice that the appellant is the
City of Miami Planning, Building and Zoning Department.
Vice Mayor Plummer: Oh, there's the star of Channel 6. Do you approve it?
Are there any objectors?
Mr. Olmedillo: Yes, sir, the...
Mayor Suarez: Is there anyone here that is opposed to the application of 10,
11, and 12?
Vice Mayor Plummer: I move item six - ah, ten.
Mr. Rodriguez: Ten.
Mr. Olmedillo: Ten.
203 December 6, 1990
Vice Mayor Plummer: I move item 10.
Commissioner Alonso: Second.
Mayor Suarez: Let the record reflect...
Commissioner Alonso: Provided that she doesn't move her head in nodding or
any other signs.
Mayor Suarez: That's right. You can't do anything under the law. Television
will catch you.
Vice Mayor Plummer: Call the roll please.
Commissioner De Yurre: I thought I knew him from somewhere. Is he on TV or
something like that?
Mayor Suarez: PZ-10.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-970
A RESOLUTION DENYING THE APPEAL AND AFFIRMING THE
DECISION OF THE ZONING BOARD TO GRANT A SPECIAL
EXCEPTION FROM ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 5,
SECTION 605, SUBSECTION 605.4.3(1), TO ALLOW THE
CONSTRUCTION AND OPERATION OF A DRIVE-IN TELLER FOR A
FINANCIAL INSTITUTION (AS YET UNDETERMINED BY
APPLICANT) FOR THE PROPERTY LOCATED AT 1401 BRICKELL
AVENUE ALSO DESCRIBED AS TRACT A, FORTE PLAZA, AS
RECORDED IN PLAT BOOK 96 AT PAGE 210, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, AS PER PLANS ON FILE,
SUBJECT TO RIGHT TURN ONLY AT THE EXIT OF THE DRIVE -
THROUGH LANES, A TRAFFIC CONTROL PERSON AT THE
ENTRANCE TO DIRECT TRAFFIC BETWEEN 4:00 P.M. AND 6:00
P.M. AND LANDSCAPE APPROVAL BY THE PLANNING STAFF;
ZONED SD-5 BRICKELL AVENUE AREA OFFICE -RESIDENTIAL
DISTRICT, SAID SPECIAL EXCEPTION HAVING A TIME
LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT
MUST BE OBTAINED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
204 December 6, 1990
qb 0
-------------------------------- -------------------- ---------- ---------- ------
69. GRANT REQUEST FOR RELEASE OF A CONDITION ESTABLISHED IN RESOLUTION 43159
(1/20/72) WHICH REQUIRED A 7 FOOT LANDSCAPED AREA ALONG REAR PROPERTY
LINE - ACCEPT COVENANT (Applicant: Brickell Land Holding Co.) (See
label 68)
Vice Mayor Plummer: Item 11.
Mayor Suarez: Moved.
Commissioner De Yurre: Second.
Vice Mayor Plummer: No, not necessarily.
Mayor Suarez: Almost.
Mr. Guillermo Olmedillo: This is a...
Vice Mayor Plummer: Hold on. Who's the owner of that property?
Lucia Dougherty, Esq.: Brickell Land Holding Company.
Vice Mayor Plummer: And who is Brickell Land Holding Company? Is that those
wealthy looking gentlemen sitting behind you over there?
Ms. Dougherty: No, those are the developers for the...
Vice Mayor Plummer: They're the developers. And did I hear something that
those developers would like to give some playground equipment to a local park?
Did I hear that?
Mayor Suarez: I thought it goes into a new fund now to be...
Ms. Dougherty: We just gave a beautiful sculpture for the park, $50,000 to
$100,000.
Vice Mayor Plummer: Don't ask me to define that beautiful sculpture because
I'll be forced to tell you what I think of it.
Mayor Suarez: Yes, I was going to say, a sculpture. Let's just... some
people consider it beautiful, others not so beautiful.
Vice Mayor Plummer: OK, I'm not going to swear her in until she makes a
statement.
Mayor Suarez: If we're going to...
Vice Mayor Plummer: How about some - if they don't give playground equipment,
I might swear at them though.
Mayor Suarez: I remember this ordinance being particularly...
Vice Mayor Plummer: We're not going to get money, OK?
Mayor Suarez: ...proposed by you.
Vice Mayor Plummer: Money, money. I'm saying playground equipment. And I'll
be glad to let you designate what playground.
Mayor Suarez: I know, but you want people to be sworn in. We're playing
footloose and fancy free with the swearing in ordinance. Please swear her in,
otherwise we ought to eliminate the ordinance, which I think is a good idea,
but...
Ms. Dougherty: I promise to tell whole truth, and nothing but the truth, so
help me God.
Mayor Suarez: I'm not sure that was valid. She didn't ask you. All right,
so what about the playground equipment at Roberto Clemente Park or...
205 December 6, 1990
4
Vice Mayor Plummer: That's fine.
Ms. Dougherty: We'd be happy to give $2,000 worth of playground equipment.
Vice Mayor Plummer: I move item 11.
Mayor Suarez: So moved.
Vice Mayor Plummer: Huh?
Ms. Dougherty: Two thousand dollars. In light of the fact that we spent
quite bit a money moving that beautiful...
Vice Mayor Plummer: I thought you said three thousand.
Ms. Dougherty: Two thousand, sir.
Vice Mayor Plummer: No, I didn't hear you right.
Ms. Dougherty: Three thousand.
Vice Mayor Plummer: That's what I thought I heard you say.
Commissioner Alonso: Second.
Mayor Suarez: OK, so moved and seconded. Any discussion? If not, please
call the roll.
Vice Mayor Plummer: That's $3,000 more than they had yesterday and it's much
needed on behalf of the community.
Mayor Suarez: This is going to be in Channel 6 pretty soon. They're going to
have the big number, $3,000 that goes to...
Vice Mayor Plummer: Who cares? As I told Channel 6 before, they'll never win
a Pulitzer Prize with that series.
Commissioner Alonso: And, if we get a good company who donates...
Ms. Dougherty: Commissioner Plummer, I just lost $5.00 to my partner because
I said you wouldn't be requiring anything because you never have in this kind
of thing.
Vice Mayor Plummer: I never ask for money.
Mayor Suarez: You look better in person than on TV, by the way. Call the
roll.
Vice Mayor Plummer: No, the redhead looked better on TV. We got the back...
206 December 6, 1990
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-971
A RESOLUTION AMENDING SECTION 1 OF RESOLUTION NO.
43159, ADOPTED JANUARY 20, 1972 RELATED TO THE GRANT
OF FLOOR AREA RATIO BONUSES FOR PROPERTY LOCATED AT
APPROXIMATELY 1401 BRICKELL AVENUE, ALSO DESCRIBED AS
LOTS 14 THROUGH 25, AND ALLEYS INCLUDED THEREIN, BLOCK
2, POINT VIEW AMENDED (2-93), BY DELETING CONDITION
(#5) SET FOR THE IN SAID SECTION WHICH READS AS
FOLLOWS: "THE LANDSCAPED AREA ON THE REAR PROPERTY
LINE ALONG THE SERVICE ALLEY SHALL BE A MINIMUM OF
710" WITH ALL OTHER PROVISIONS OF SAID RESOLUTION NO.
43159 BEING REAFFIRMED AND REMAINING IN FULL FORCE AND
EFFECT, SAID AMENDMENT BEING SUBJECT TO THE VOLUNTARY
DONATION OF $3,000 TO THE CITY OF MIAMI FOR PLAYGROUND
EQUIPMENT IN ROBERTO CLEMENTE PARK, SAID DONATION TO
BE RECEIVED BY THE CITY OF MIAMI PRIOR TO DECEMBER 24,
1990.
(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:
Vice Mayor Plummer: By when are you going to donate the equipment?
Commissioner Alonso: Immediately.
Vice Mayor Plummer: Wait a minute, hold on.
Mayor Suarez: The money, money, money, money....
Ms. Dougherty: By certificate of occupancy.
Vice Mayor Plummer: When is that?
Ms. Dougherty: It's under building permits, it's under construction now.
Vice Mayor Plummer: Do you realize that Christmas is only 19 days away?
Ms. Dougherty: We understand that.
Mayor Suarez: Check, check, money. So we can use it in all kinds of
different ways, please.
Vice Mayor Plummer: Before the New Year. By the 24th.
Ms. Dougherty: By the 24th.
Vice Mayor Plummer: Thank you. Yes. Wait a minute, 1990.
agreed? Agreed. Of course I vote yes.
Nineteen ninety,
207 December 6, 1990
0
70. CONFIRM PRIOR APPOINTMENTS, AND SPECIFY TERMS OF OFFICE OF CERTAIN
INDIVIDUALS ON URBAN DEVELOPMENT REVIEW BOARD (Appointment of
individuals as deferred).
Mayor Suarez: PZ-12, Urban Development Review Board. Who's missing, Mr.
Armadillo?
Mr. Guillermo Olmedillo: The Urban Development Review Board. We have two
appointments missing from Commissioner De Yurre and you had asked to bring
back to you the terms of office. This is a suggestion.
Mayor Suarez: I did that?
Mr. Olmedillo: Well, the Commission.
Mayor Suarez: I don't care about the terms of office. I want them to be
appointed and work and do their thing and that's it. We've got other...
Commissioner Alonso: They did. Look at those dates.
Mayor Suarez: Right. Yes, we need appointment?
Commissioner Alonso: Yes, from Commissioner De Yurre.
Mayor Suarez: Are you ready? If not, we'll go on to the next item.
Mr. Olmedillo: Well, if you vote on this, we...
Mr. Sergio Rodriguez: We can move on.
Mr. Olmedillo: If you confirm this...
Vice Mayor Plummer: Do I have an appointment there?
Mr. Rodriguez: No.
Mayor Suarez: Oh, well we have to vote on, you mean the terms because you
designating. OK. I'll entertain a motion.
Commissioner Alonso: But Commissioner De Yurre, do you have the names or not?
Mayor Suarez: If you don't, let's at least move on the terms.
Commissioner Alonso: If not, we can vote in the rest of...
Mayor Suarez: Right. OK, on the terms, I'll entertain a motion.
Commissioner Alonso: I so move.
Mayor Suarez: Moved.
Vice Mayor Plummer: Second.
Mayor Suarez: Call the roll on the terms.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 90-972
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO THE
CITY OF MIAMI URBAN DEVELOPMENT REVIEW BOARD AND
SPECIFYING TERMS OF OFFICE FOR TWO MEMBERS PREVIOUSLY
APPOINTED TO SAID BOARD.
(mere follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
208 December 6, 1990
7 � —
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 Dawkins: What board is that?
Mayor Suarez: Urban Development Review Board. We have already designated,
they're just specifying who gets what terms on there. They must have done it
by lot, I guess.
Commissioner Dawkins: No problem.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: I didn't think the idea was to have to bring it back for a vote
on that. You guys do that and go forward from there, but...
[NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY
DEFERS CONSIDERATION OF PLANNING AND ZONING AGENDA
ITEMS TO CONSIDER A REGULAR NON -AGENDA ITEM.]
------------------------------------------------------------------------------
71. (A) APPOINT INDIVIDUAL TO CODE ENFORCEMENT BOARD (Appointed was:
James Angleton) (See label 41A).
(B) APPOINT INDIVIDUALS TO YOUTH GANG TASK FORCE (Appointed were:
Guy Sanchez, Fernando Figueredo and Pablo Canton).
Commissioner De Yurre: Mr. Mayor, I'd like to take a moment...
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: Jimmy Angleton, who is my appointment to the Code
Enforcement Board, he had been ill for a period of time and he exceeded the
number of absentees, so since he's gone, I'm reappointing him again. Bring
him back.
Mayor Suarez: So moved.
Vice Mayor Plummer: Wait, whoa, whoa.
Commissioner De Yurre: Jim Angleton, Code Enforcement Board.
Vice Mayor Plummer: Well, since it's a useless board, I have no objection.
Commissioner Alonso: Oh, boy.
Mayor Suarez: I understand that to be a second. Any discussion? If not,
please call the roll.
209 December 6, 1990
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 90-973
A RESOLUTION REAPPOINTING A CERTAIN INDIVIDUAL TO
SERVE AS A MEMBER ON THE CODE ENFORCEMENT BOARD OF THE
CITY OF MIAMI, FLORIDA.
(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 Dawkins: That's what.....?
Mayor Suarez: Code Enforcement.
Vice Mayor Plummer: He's automatically thrown off so he's automatically
putting him back on.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: And also, I would build in a requirement in the case of Jim
Angleton, Commissioner De Yurre, that we ascertain what his real name is.
Now, we know he worked for the CIA for many, many years...
Commissioner De Yurre: Well, I'm talking about the son now.
Mayor Suarez: Oh, Jimmy.
Commissioner De Yurre: Jimmy, Jimmy.
Mayor Suarez: Well, Jimmy took his dad's name. The question is, what was the
dad's real name? He never has told me.
Commissioner De Yurre: Well, I think he's on that relocation program.
Mayor Suarez: He was not born Jim Angleton.
Vice Mayor Plummer: Boy, wait till the Greeks get you.
Commissioner De Yurre: He's on the witness relocation program.
Vice Mayor Plummer: Ah, wait till the Greeks team up...
Mayor Suarez: Anyhow, as to Jimmy. Jimmy took that name from his dad. He's
entitled to it and he's a nice young man. All right.
Commissioner De Yurre: And also, there's the Youth Gang Advisory Board that
was created recently. I didn't have my appointments. I would like to make
that now. Guy Sanchez, Fernando Figueredo, and Pablo Canton.
Mayor Suarez: So moved.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
210 December 6, 1990
4 0
Vice Mayor Plummer: You know, can I just ask a question? There's been some
question raised, our Youth Advisory Board don't have any real youth on it.
Commissioner De Yurre: Well depends, do you think you're young? Do you feel
young?
Vice Mayor Plummer: No, no, no, it's not the point. The point I'm trying to
make is that most all of these people....
Mayor Suarez: You're talking about the Gang Advisory Board or the Youth?
Commissioner De Yurre: Well, this is the Youth Gang.
Vice Mayor Plummer: What is the difference between the Youth Advisory Board.
Is there a difference between the Youth Advisory Board and a Youth Gang
Advisory?
Commissioner De Yurre: Sure.
Mayor Suarez: Yes, this one was set up with all kinds of professionals,
social workers, activists in this area, judges...
Commissioner De Yurre: Youth Gang advises to.... advises crimes.
Vice Mayor Plummer: All right, I'm sorry, I didn't know there were two
boards.
Mayor Suarez: And some young people too.
Commissioner Alonso: Yes, yes, it's a combination.
Vice Mayor Plummer: OK.
Mayor Suarez: OK, we have that in the form of a motion and a second. Any
discussion? If not, please call the roll.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 90-974
A MOTION APPOINTING GUY SANCHEZ, FERNANDO FIGUEREDO
AND PABLO CANTON TO THE YOUTH GANG TASK FORCE.
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.
[NOTE: AT THIS POINT, THE CITY COMMISSION RESUMES
CONSIDERATION OF ITEMS ON THE PLANNING AND ZONING
AGENDA.
211 December b, 1990
4
0
72. DENY PROPOSED FIRST READING ORDINANCE AMENDING 10544 (MCNP FUTURE LAND
USE MAP) BY CHANGING DESIGNATION AT 2225 S.W. 22 AVENUE FROM SINGLE
FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL (Applicant: Exxon
Corporation) (See label 62).
Mayor Suarez: Item 17.
Mr. Guillermo Olmedillo: Seventeen and 18 are companion items. Seventeen is
the comprehensive plan amendment and 18 is the zoning change. The zoning
change seeks to change the use from a single family to a restricted
commercial. This is the Exxon gas station located on 22nd Avenue and Coral
Way, the southeast corner. And what they plan is the extension of the
commercial district down into the residential district. The Planning
Department denial. The Planning Advisory Board recommends denial on a 7 to 2
basis and the Zoning Board recommends denial on an 8 to 0 basis.
Commissioner Dawkins: What's staff recommendation?
Commissioner Alonso: Denial.
Mr. Olmedillo: Staff, denial.
Commissioner Dawkins: Denial.
Mr. Olmedillo: Denial, sir.
Commissioner Dawkins: Oh, Lord, we got to go through this, I'm sorry. Go
ahead.
Vice Mayor Plummer: Why did you deny it? Is this not the present filling
station that's there?
Mr. Olmedillo: It's seeking to move the zoning line one lot to the south.
Vice Mayor Plummer: Ahhhh. Ah, ha. OK.
Mayor Suarez: OK, do we swear in, please, the applicants? Is there anyone
that's going to speak against this? Ah. OK, and as to those who are actually
going to make a presentation, would you please be sworn in if you're going to
make a present... Are you doing the presentation on behalf of the group?
UNIDENTIFIED SPEAKER: No, it's for myself and one....
Mayor Suarez: OK, then please stand up and be sworn in. Anyone who expects
to speak. The rest, we'll just ask for a show of hands in support or
whatever, OK?
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.
Commissioner Dawkins: All right, now these individuals are in support of the
denial or they are against denying?
UNIDENTIFIED SPEAKER: Support of denial.
Commissioner Dawkins: OK, all right, and this you and you...
Jim Brady, Esq.: I'm for the applicant, yes, sir.
Commissioner Dawkins: OK, thank you, sir.
Mr. Brady: May it please you members of the Commission, Mr. Mayor, my name if
Jim Brady, I'm an attorney out of Ft. Lauderdale, Florida with the firm of
Brady and Coker. I have with me tonight Dave Felton and I'm going to ask him
now to pass out to the members of the audience that would like to see, a
handout which I'm going to also pass to you. Commissioner Plummer was right,
this is an existing station and this is basically the underlying site with the
station here, the lot in question, here. Let me tell you what my goal is. I
212 December 6, 1990
0 0
would like you to, in the alternative, pass this ordinance tonight on first
reading, and if you do, I want to tell you now, I know that for second
reading, we have no vested rights, we can't rely on anything you do tonight,
but I want to have an opportunity to work with the community. And I haven't
had that opportunity yet or in the alternative to table tonight to sometime
convenient for the Commission. Basically, what we want to do by this rezoning
is when we do a raze and rebuild of the station, if the zoning is not changed,
a concrete block wall will have to be put there. If we get the property
rezoned, that concrete block wall can be put to our next door neighbors lot,
which is the real boundary between the commercial uses that are there and the
residential uses. In addition, all this area, this is the entire lot, will be
green. There will not be any structure other than, of course, the wall.
Mayor Suarez: What advantage then is it for you? -if you're going to keep it
all green space like that?
Mr. Brady: Say it again, I didn't understand you, Mayor.
Mayor Suarez: What advantage do you get then from...
Mr. Brady: Oh, that's what I'm going to get to. By making this all green, we
satisfy our permeable area, our green area requirements which then allows us
to take our parking and put it on this line, where there is no setback
requirement and the only thing we would need there is to have green areas so
that we can meet our green area requirement.
Mayor Suarez: Then you could place what there?
Mr. Brady: We're going to place parking. One, two, three parking spaces on
our site.
Mayor Suarez: Parking. Whose requirements are the green area coverage
requirements? Are those ours or state or county?
Mr. Rodriguez: Those are ours.
Mayor Suarez: Is the theory of those, the philosophy of those for water
runoff, et cetera, or aesthetic, or what? -or both? It's been a while since
we've dealt with them and I keep forgetting what the rationale is.
Mr. Rodriguez: No, the requirements of green area is basically to have an
area of buffer and also landscaping and so on between this use and other uses
to increase the greening of the City.
Mayor Suarez: And that has to be put into our code in addition to setbacks
and other kinds...
Mr. Rodriguez: Otherwise it wouldn't be met.
Mayor Suarez: Otherwise?
Mr. Rodriguez: Otherwise, it wouldn't be met by people, you know. If you
don't have that as a requirement, people will not follow the requirement.
Mayor Suarez: But, it cannot be satisfied by other requirements of our code
such as setbacks, et cetera, FAR?
Mr. Rodriguez: Then, what would happen is we would have asphalt or concrete
over the whole site and then we wouldn't have any greenery.
Mayor Suarez: I see. I see, because when we tell people they can't build
certain things, that doesn't mean they can't put just sort of concrete
everywhere. Even at surface level, yes. Just trying to understand why we
have so many different parameters applying. My God!
Mr. Brady: Mayor, what we also propose to do is to covenant the land to make
sure that the land area stays a green area and that there are no structure...
Mayor Suarez: You would covenant that?
Mr. Brady: Oh, yes, and...
213 December 6, 1990
10 0
Mayor Suarez: Has the community been exposed to your site plan and these
kinds of commitments you're making?
Mr. Brady: No, and that's why I'd like the opportunity, so they could see it
without, you know, at their convenience. We'll go to them, show them...
Mayor Suarez: Well, they're seeing it right now or, as Commissioner De Yurre
says, the other way is without doing it on first reading is to defer it and
let you have time to meet with them. That's another way to do it.
Mr. Brady: And that's fine, at your pleasure. We understood, from our
consultants having met with them several months ago, that their concern was
they wanted to no parking in that area and they thought they could help...
Mayor Suarez: Is that enforceable, that covenant? -that this will never be
used for anything except green space and nice trees and everything else?
Mr. Rodriguez: Yes, unless it is changed by the Commission at any point in
the future.
Mayor Suarez: Ah.
Mr. Brady: I've given a...
Mayor Suarez: And it would, otherwise, be a covenant running with the land.
Couldn't sell it to somebody else and the next person come along and use it
for parking or for...
Mr. Rodriguez: Even the same person can come to the Commission in the future
and ask for a release.
Mr. Brady: Mayor, I've also...
Mayor Suarez: I suppose they - yes, they can also change the form of
government, change all of us that are up here, et cetera. But, you're right,
you're right, I see.
Mr. Brady: I've also taken the liberty of with a copy of the covenant I sent
over to Mr. Fernandez today, to add in a unity of title provision which would
disallow us from separating that lot from the remaining parcel. If we're
going to sell it, we've got to sell it as a whole.
Mayor Suarez: OK, that goes into the record books and is otherwise
unchangeable, right? Commission can't change a unity of title declaration of
that sort, can they?
Ms. Maer: Well, we received this covenant, as the gentleman mentioned,
sometime during the day and we haven't had a chance...
Mayor Suarez: Today?
Ms. Maer: Yes, today.
Mayor Suarez: Today? -as in Hoy?
Ms. Maer: Yes.
Mayor Suarez: Wowl
Mr. Brady: Hoy, late today.
Mayor Suarez: Well, is there anybody leading the opposition here that can be
a spokesperson?
Vice Mayor Plummer: Mr. Mayor.
Mayor Suarez: Yes.
Vice Mayor Plummer: Can I try to short circuit this?
Mayor Suarez: Yes.
214 December 6, 1990
Vice Mayor Plummer: Mr. Mayor, there is not a break in the zoning in my
estimation south of that lot line. And I think it would be absolutely
horrible, I understand Exxon's problems, but I'll tell you, I'm ready to move
a motion to deny and if I get a second and it passes, we'll save an awful lot
of time.
Mayor Suarez: But that doesn't short circuit as to their presentation. That
only short circuits as to the op...
Vice Mayor Plummer: Well, I'm only short circuiting theirs. They've made
their presentation.
Mayor Suarez: OK, I see. We have a motion and a second. All right, well let
me...
Vice Mayor Plummer: The only presentation yet to be made is that to
opposition.
Mayor Suarez: OK, I was going to propose just a derailment of this thing in
case they could have come to an agreement, but maybe the Commission is not
heading in the direction of being particularly flexible, so you ought to
complete your presentation.
Vice Mayor Plummer: Oh, I'm sorry, I thought he was finished.
Mayor Suarez: No.
Mr. Brady: I'll just sum up. We would recommend that, rather than take an
action to deny, as I anticipate Commissioner Plummer's motion...
Vice Mayor Plummer: No, not anticipate it, I made it.
Mr. Brady: ...that indeed that you table the item, at least to give me an
opportunity to work with the community and to see if I can satisfy them. The
worst that happens is that you come back and you deny me later on.
Vice Mayor Plummer: Sir, you might satisfy the community, but you're not
going to satisfy me. There is absolutely no break from that commercial lot
all the way down to the U.S. 1. And I want to tell you, in my estimation, if
we gave that across the street is going to be next, the next block is going to
be next and as far as I'm concerned, I'm not voting for it. (APPLAUSE) So,
you know, if you went the other way. If you went to the east of you and it
was possible to acquire property in the commercial area, sir, I probably would
vote with you 100 percent. But to go into that single family area, I don't
think is proper and that's just my vote. I can't speak for the rest.
Commissioner Dawkins: And I agree with J.L. Plummer there's no point in going
and I too, would not Now, maybe there will be
three
Mayor Suarez: OK, why don't you complete the presentation. That's it?
Mr. Brady: That's it. Thank you, sir.
Mayor Suarez: Do you want to state anything knowing that you have a motion
and a second that would satisfy your...
Mr. Don Deresz: Yes, sir, just to refute their statements - Don Deresz, 1852
S.W. 24th Street.
Vice Mayor Plummer: You're going to lose me.
Mr. Deresz: I'm with the Silver Bluff Homeowners Association. At the -
sorry, sir - at the planning recommendation board, it was recommended that we
meet with them. They refused. I sent all of you gentlemen a copy of the
letter speaking that they refused to meet with us. Thank you. So we ask for
denial.
Mayor Suarez: OK, we have a motion and a second. Any further discussion? If
not, please call the roll.
215 December 6, 1990
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 90-975
A MOTION TO DENY PROPOSED FIRST READING ORDINANCE TO
CHANGE THE LAND USE DESIGNATION AT APPROXIMATELY 2225
S.W. 22 AVENUE FROM SINGLE FAMILY RESIDENTIAL TO
RESTRICTED COMMERCIAL.
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:
Mr. Brady: Thank you, Mayor. Thank you, Commission, good holidays.
Vice Mayor Plummer: Please don't take my credit card away.
Ms. Hirai: Mayor Suarez.
Mayor Suarez: He thanked me before I voted. Well, if you thanked everybody,
and they all voted no, I may as well vote no. What the hell. OK.
Vice Mayor Plummer: I think there's two items, is there not?
Mayor Suarez: Yes, rather.
73. DENY PROPOSED FIRST READING ORDINANCE CHANGING 11000 ZONING ATLAS AT
2225 S.W. 22 AVENUE FROM R-1 SINGLE FAMILY RESIDENCE TO C-1 RESTRICTED
COMMERCIAL (Applicant: Exxon Corporation) (See label 62).
Vice Mayor Plummer: I also make the same motion on item 18.
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. 90-976
A MOTION TO DENY PROPOSED FIRST READING ORDINANCE TO
CHANGE THE ZONING AT APPROXIMATELY 2225 S.W. 22 AVENUE
FROM R-1 SINGLE FAMILY RESIDENCE TO C-1 RESTRICTED
COMMERCIAL.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
216 December 6, 1990
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.
74. GRANT APPEAL BY POMELO PARK HOMEOWNERS ASSOCIATION AND REVERSE ZONING
BOARD'S SPECIAL EXCEPTION (PREVIOUSLY GRANTED TO LEONARD R. RALBY
[APPLICANT] / ROBERT S. GEIGER [TRUSTEE]) WHICH WOULD HAVE ALLOWED
CONSTRUCTION OF NINE DWELLING UNITS IN FIVE STRUCTURES AT 3373 S.W. 28
TERRACE.
Mayor Suarez: PZ-19.
_ Mr. Guillermo Olmedillo: PZ-19 is an appeal for an application of special
exception granted by the Zoning Board for property located at 3373 S.W. 28th
Terrace. The Zoning Board approved nine units within five structures with 18
parking spaces. The Planning Department recommended approval. The
neighborhood association, Pomelo Park Homeowners Association appealed this
particular item to the City Commission. We will hear from the appellant.
Commissioner De Yurre: Is the proponent here?
Mr. Olmedillo: The appellant, right here.
Commissioner De Yurre: But, is the other party here?
Mr. Olmedillo: The appellee here.
Commissioner Dawkins: What item is this?
Mayor Suarez: PZ-19.
Mr. Olmedillo: Nineteen, sir.
Mayor Suarez: The appeal is by Pomelo Park Homeowners Association and we have
a contesting group. All of those that expect to be heard on this item, please
raise your right hand and be sworn in. Stand and raise your right hand and be
sworn in if you expect to actually testify. If you're just here to support
the other group, you don't need to do that. On both sides, please.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.
Mayor Suarez: It's your appeal.
Ms. Betty Otero: My name is Betty Otero. I live at 3376 S.W. 28th Terrace.
That's in Pomelo Park on the west side of 1.
Mayor Suarez: West side of?
Ms. Betty Otero: One, U.S. 1.
Vice Mayor Plummer: The west side? -north side.
Ms. Otero: We're on the northwest side.
Vice Mayor Plummer: OK.
Mayor Suarez: OK, yes, you kind of - since it's a diagonal street, you kind
of have to say northwest, all right.
Ms. Otero: OK, we're on the northwest side, S.W. 28th Terrace. And we're
here today to appeal the decision that the Zoning Board made on October 15th
with reference to the proposed PUD project at 3373 S.W. 28th Terrace.
217 December 6, 1990
Mayor Suarez: The proposed what project?
Ms. Otero: Planned unit development.
Vice Mayor Plummer: PUD.
Mayor Suarez: It's been a while since we've had a planned unit development.
The whole concept of these - Sergio, correct me if I'm wrong - is to allow
certain things to be done in the aggregate that could not be done individually
by each of the lots in question, right?
Mr. Sergio Rodriguez: Right, it will allow... basically, that's it.
Vice Mayor Plummer: Well, there's one other factor in there. I'm sorry, I
don't mean to... go ahead.
Mr. Rodriguez: Yes, what you do is when you have a particular area, you might
come under this ordinance and ask for special exception to allow you to build
more units than you will otherwise be allowed under the zoning category.
Vice Mayor Plummer: And one other item.
Mr. Rodriguez: Permissibly.
Vice Mayor Plummer: OK, one other item was, it gave us a great more
flexibility and restrictions, where we could impose almost anything on those
properties that we wanted, whether it related to fencing, landscaping,
lighting, security, anything that this Commission wanted, we could do under
the PUD that we could not do if they built two units per lot, which is
permissible. They can do that under the law. There is no flexibility and no
further restrictions by this Commission. So, as I have explained to this lady
and to my other good friend, Mrs. Grassie, I think this Commission finds
itself in a very funny situation or precarious situation where we have
encouraged developers to do this because it did give us more control, is the
word. And now, we're forced here into a situation in which a developer has
done what we asked and now people are upset about it. So, you know, go ahead,
I'm sorry.
Ms. Otero: OK. The reason we're upset about it is because it's going on a
very narrow street. It's a two block area which is in an H configuration and
most of the structures on this street are on very spacious lots. There are
about sixteen units on that whole block. This proposed project would add an
additional nine units and eighteen parking spaces which would increase the
density of this small street by 56 percent. And we absolutely feel that this
would have an adverse affect on this neighborhood.
Mayor Suarez: In density, in terms of square footage, in terms of FAR, in
terms of what?
Ms. Otero: Density. We feel that it would be very high density.
Vice Mayor Plummer: How can it be 56 percent? If they're allowed six units
right now and they're going to nine, that's surely not more than double. How
did you derive the 56 percent?
Ms. Otero: I derived...
Mayor Suarez: Doubling is a hundred percent.
Ms. Otero: That's how I arrived at it.
Vice Mayor Plummer: OK.
Mayor Suarez: You go from six to nine...
Mr. Rodriguez: It will be 50 percent.
Mayor Suarez: People consider that to be 50 percent.
Vice Mayor Plummer: OK.
218 December 6, 1990
Mayor Suarez: It's kind of a strange way. Anyhow.
Ms. Otero: OK, we feel that it would have an adverse affect on this
particular street, the neighborhood in general, and it would cause very much
increased traffic congestion. We, as a community, encourage progress. We
have numerous photos of the positive changes that have occurred in our
neighborhood in the past few years. Our residents take pride in their homes
and have made many improvements. We're stable, quiet neighborhood, with an
excellent mix of single and two-family homes. When we applied for this
appeal, we got a petition with 118 signatures from the residents that were
opposed to this project. We feel that there are no other planned unit
developments in this community and even though we're on the northwest side of
U.S. 1, we're part of Coconut Grove and we don't want to see what happened on
the east side, between Grand Avenue and Bird Avenue, to happen to us. We have
many residents who have been in our neighborhood for ten, twenty, thirty, even
fifty years. And many of these residents have low density units on large lots
and we know that the petitioner has approached several other owners in the
neighborhood. If this project is approved, it will only be a green light for
this petitioner and other developers to come in and duplicate the high density
developments that exist on the east side. We would like the City of Miami
Commissioners to consider that even though the City is encouraging PUDs, they
should also take note that the Dade County Commissioners have become more
sensitive to the people's needs, enforcing less density, respect for
homeowners' wishes, as a community and encouraging the rights of
neighborhoods.
Mayor Suarez: The Dade County Commissioners?
Ms. Otero: Yes, sir.
Mayor Suarez: You're not comparing the Dade County Commissioners to the City
of Miami Commissioners in terms of sensitivity to the community's....
Commissioner Alonso: Don't do that to us, please.
Ms. Otero: Pardon me, I stand corrected.
Mayor Suarez: What is, Miss Otero, what is that tract over there to the
northwest? Yes.
Vice Mayor Plummer: That's a school.
Mayor Suarez: Which school is that?
Ms. Otero: Douglas Park and Douglas schools.
Mayor Suarez: That's what I thought, all right.
Vice Mayor Plummer: Douglas. The park is also to the west of there.
Ms. Otero: Yes.
Mayor Suarez: OK.
Vice Mayor Plummer: And that is used day and night, by the way, Mr. Mayor.
Mayor Suarez: In fact, you can see the park, I guess, beginning right there
on the sketch, all right. Anything else?
Vice Mayor Plummer: There it is.
Commissioner Alonso: Right.
Ms. Otero: Pomelo Park is an oasis, one of the many in Coconut Grove. We
don't want to see this oasis obliterated to join the ranks of other
neighborhoods that were destroyed. Why should one developer choose to
maximize the use of the triple lot? We have yet to hear that this developer
is a hardship case and that there is no other alternative to developing these
lots. The Pomelo Park Homeowners Association and our community would like the
City of Miami Commissioners to consider downscaling this project to fit in
with our community. Our desire would be that the three lots would be
developed with a duplex consisting of two units on each lot, thereby
maintaining the integrity
219 December 6, 1990
and character of this neighborhood. In this way, this project would not have
the significant negative impact that would be achieved if the proposed project
was approved as presented. Thank you.
Mayor Suarez: Who is Pomelo?
Ms. Otero: Pomelo Park? I don't know who Pomelo is.
Mayor Suarez: Don't know, all right. Anyone further on your side of the
issue that will like to make a statement? What I would strongly recommend is
that these arguments are pretty much what we are used to hearing, pretty much
what we generally incline to support. You keep a little time for rebuttal in
case they say something that was unexpected from our perspective, and
otherwise, not repeat the same arguments. But then give me the names if you
like, and addresses or anything else from all the people that are supporting
your position - just by a show of hands, or by a list, or by however you want
to do it.
Ms. Grace Poole: My name is Grace Poole, I live at the top of the H, not in
Pomelo Park, but in Avalon. I own lots 19, 20, and 21. This is where all the
traffic comes into 33rd Avenue, because the only exit and entrance is from
28th and 29th Streets. Thirty-third Avenue has no sidewalks, it's twenty-five
foot wide. Last year the Zoning Board approved a hundred and ten child care
unit at the foot of 33rd Avenue. It's not opened yet. I don't know how we
are going to get out when it does open, but if you add even six more cars,
you've got a problem. And Pomelo Park, I don't know where the name came from,
but I was born in Miami, and my father owned Pomelo Park about sixty years
ago.
Mayor Suarez: Maybe, he just liked the name. OK.
Vice Mayor Plummer: Excuse me, are you saying that that daycare center has
been approved?
Ms. Poole: It's been approved. It was approved, it was passed by the Zoning
Board, they have a hundred and ten kids in there. There is no street, there
is no...
Vice Mayor Plummer: Did that come before us?
Ms. Poole: No. No one would back me.
Mayor Suarez: Now ,you're just wondering if we ever considered.
Vice Mayor Plummer: I don't remember that being... I've seen the sign on it.
Ms. Poole: And there is no entrance, there is no exit, but 33rd Avenue, and
my taxes are six thousand five hundred dollars ($6,500), my assessment is
thirty-four thousand ($34,000) and I don't live in the slum area. You know,
you are just tearing me...
Vice Mayor Plummer: No, no, your assessment can't be thirty-four thousand,
and your tax is sixty-five hundred.
Ms. Poole: Well, let me find my paper.
Vice Mayor Plummer: No, ma'am.
Mr. Poole: Not thirty-four, two hundred and thirty-four thousand dollars
($234,000).
Vice Mayor Plummer: Ah, yes.
Ms. Poole: I'm downgrading myself.
Vice Mayor Plummer: Oh, yes, yes.
Mayor Suarez: OK.
Ms. Poole: OK, six thousand, yes. But I mean, we get nothing in the
neighborhood, you don't even know where we are. I bet none of you have even
driven through.
220 December 6, 1990
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Mayor Suarez: Oh, absolutely.
Vice Mayor Plummer: I bet you're wrong.
Mayor Suarez: There are not that many exits out of there, that's one of the
things that you were saying. Yes, we've all gotten stuck in there.
Ms. Poole: There is no exit, there is only 28th Street.
Mayor Suarez: All right, ma'am.
Ms. Elizabeth Preston: My name is Elizabeth Preston, I am here with Betty
Otero, I am here to back up what she is talking about. I know that you, all
of you do not have a time...
Mayor Suarez: Preston.
Ms. Preston: Preston.
Mayor Suarez: Don't tell me you own the antifreeze company.
Ms. Preston: Who knows.
Vice Mayor Plummer: She wishes.
Ms. Preston: It's all right, I voted for you, dear.
Vice Mayor Plummer: That was your first mistake.
Ms. Preston: I don't know about that.
Mayor Suarez: Thanks, I needed that.
Ms. Preston: No, the Prestons own soft drinks instead. But I know you can't
get out and know everyone of your neighborhoods, but I wanted you to feel good
about this area, because the people are upgrading their homes. I went around
and I was taking some photographs, I only brought four, not to hold up the
whole thing, and I'm going to start here, and let him know they have numbers
on them, so you will know where they are located. Now, I know that you know
your former Manager, Joseph Grassie, where he lives. You know the beautiful
home that he has. That's right around the corner from this new development.
Now I am into building and construction, before I came here, and looking at
this plan, I can tell you it is not really a duplex plan, this is an apartment
complex. And another thing that is going to cause a lot of problems, is those
eighteen parking spaces, may be on the property, but remember these people
will have friends and relatives to visit them. Where are they going to park?
Now, the other problem may be with your sanitation, because they are going to
come up there, and they are going to see this wall... where are we going to go
inside to pick it up, or do they bring it outside.
Mayor Suarez: A lot of those contract are with private contractors, which is
not our particular preference, but...
Ms. Preston: Oh, it isn't?
Mayor Suarez: No, we'd rather give them service, but they qualify I think
under the rules, to allow them to get their own.
Ms. Preston: Oh. Did... He passed those pictures right through, but I wanted
to explain a couple of them, because the people moving into the area are
really upgrading it. It's a popular area now because people want to move in,
they work in the Gables...
Mayor Suarez: Sure.
Ms. Preston: ... or Coral Way, Coconut Grove, and we are very proud of it.
Mayor Suarez: It's a very stable area of the City and people want to live
close to their workplace...
Ms. Preston: yes.
221 December 6, 1990
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Mayor Suarez: ... and great greenery, and close to parks, and schools,
obviously, et cetera, all right. That's it, Mrs. Preston?
Ms. Preston: That's it.
Mayor Suarez: Thank you, ma'am.
Ms. Preston: You're welcome.
Mayor Suarez: OK, you're on.
Ms. Otero: Excuse me, before they are on, I would just like the people that
came to support us to stand up.
Mayor Suarez: Please, all the people who are supporting Mrs. Otero. Thank
you, very good.
Ms. Otero: Thank you.
Mayor Suarez: They listen to you.
Mr. Walter Pierce: Good evening Mr. Mayor, and members of the Commission. My
name is Walter Pierce, I reside at 684 NE 75 Street, Miami. I am here on
behalf of Mr. Robert Geiger who is a trustee and also fifty percent owner of
the property, and Mr. Ralby, who lives across the street, and ... owns the
other fifty percent of the property. This item was heard by the Zoning Board
back in October, and it was passed on an eight to nothing vote. At that time,
there were several neighbors there who were opposed to the project, and they
filed the appeal as the homeowners association of which... you know, just for
the record, so that it doesn't go unnoticed, I'd like to point out that the
association didn't exist until a couple of days after the hearing, and there
is still no form of record of it. And not only that, but there are a number
of people in the neighborhood who were not even advised of it, and were not
asked to participate in the association. The project, Mr. Plummer was correct
in his comments about this process, because it allows the City to make
additional demands upon a developer. This is a 150 foot wide by 150 foot deep
property that currently has a single family house sitting in the middle of it.
It is a wooden structure that is termite ridden and is scheduled to be
demolished within the next few weeks. It is totally worthless, and can't be
rehabilitated because of the extent of damage. The plan here was to put...
was to ask for the third unit on the duplex lot in accordance with the
Schedule of District Regulations in the City of Miami ordinance. We met the
original requirements, staff asked that we do some additional things, like
instead of providing the one and -a -half space per unit, parking space per unit
as required, that there be two spaces per unit. That was accomplished. In
addition, there is a nineteenth space, and these units are designed to be
owner -occupied.
Mayor Suarez: How many are shown there?
Mr. Pierce: What you see here, each of these four buildings here contain two
units each.
Mayor Suarez: So it's nine?
Commissioner Alonso: No.
Mr. Pierce: So this building here contains a single unit, and in addition,
has a one car garage attached to it.
Mayor Suarez: Without the PUD, how many could you get in there?
Mr. Pierce: Six, two per unit. But to be technically correct, Mr. Mayor,
this is not a PUD. This is a special exception to permit the third unit on a
duplex lot. The trees that you...
Mayor Suarez: Is this the kind of thing that was done, the kind of planning,
the kind of process, the kind of application that was done on 22nd Avenue as
you go down, or is it 17th Avenue... 22nd Avenue where you have those
properties that you have the one entrance, and they have a nice courtyard, and
units around it? They were done by PUD's or...
222 December 6, 1990
Vice Mayor Plummer: You're talking about where George Knox lives?
Mr. Rodriguez: The Wildflower? _
Vice Mayor Plummer: The Wildflower is a PUD.
Mr. Olmedillo: Yes, that was a PUD.
Mayor Suarez: The ones with the nice landscaping, and all that.
Mr. Olmedillo: That was a PUD, but that was wiped out of the ordinance. -
what three year ago?
Mayor Suarez: That was taken out.
Mr. Rodriguez: But it is also a detached unit. Those are detached units, I
think. They are individual units. These are duplexes put together.
Mayor Suarez: I've never driven in there.
Mr. Pierce: Wildflower is comprised of detached units, the one next to
Wildflower is not though. This process accomplishes the same thing as a PUD,
but technically, you no longer have a PUD. At the Zoning Board hearing, we
had one opponent who said that there were no trees on this site. The reality
is that those trees are there. All of the trees that you see depicted on this
drawing are actually there, and if you check the file, these located by tree
survey, there are very few trees being removed. As a matter of fact, there
are only about five that are live trees that are being removed, that would be
removed, and about six or seven Australian Pines that are dead that will be
removed. The other trees are there. I started to point out to you earlier,
here is an elevation of the project. Each unit would be two bed... I'm sorry,
two story, three bedrooms, two and -a -half bath with a family room. These are
clearly not designed as rentals, they are designed for ownership occupancy.
They would sell on the market today, if built today, at approximately one
hundred and forty thousand dollars ($140,000) which is significant above the
average in the neighborhood. There are properties that we checked that now
have appraised values on the same street, for approximately sixty-five,
seventy thousand dollars ($65,000, $70,000). You know, not only, will there
be no negative impact with the construction of these, there will actually be
an increasing in property values in that area. I will point out that...
Commissioner Alonso: Excuse me, may I ask a question at this point please?
Mr. Pierce: Yes.
Commissioner Alonso: When you say one forty, are you talking about the
duplex?
Mr. Pierce: We are talking about a condominium sale, not...
Commissioner Alonso: Each side, are you talking about?
Mr. Pierce: Yes. Well, with that kind of square footage, and that number of
bedrooms, you're capable of doing that.
Vice Mayor Plummer: You realize the tax assessor is listening.
Mr. Pierce: Well we think it does the good for the City, you know, more
revenue in. But, to make another point though, another question came up about
open space and crowding. I would point out that the code requires thirty-
three percent open space, this project provides forty-four percent,
significantly above the minimum requirements. In addition, staff asked that
there be twenty-two additional trees planted on the property, and we have
absolutely no objection to that. We will even ask them to approve the placing
of those trees, and submit the landscape plan for approval, prior to
construction. Also with us tonight is one of the neighbors, and I will point
out that the petition was signed by... there are 118 names on the petition,
yes. There was a lot of misinformation spread through the neighborhood that
this was a rental project, and it was apartments, and they are clearly not
apartments. And one person who lives immediately adjacent to the property,
who had signed the petition is here tonight, and would like to speak in
support of the project.
223 December 6, 1990
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Mayor Suarez: OK, please.
Ms. Valerie Jameson: Member of the Commission, my name is Valerie Jameson,
and I am the immediate neighbor. I think I own lot 17, block 2, or the other
way around. I share 150 feet down the side of this project. After permission
was granted for the project, and I admit that I had not looked at the plans,
and I hadn't really given any consideration to what was being done, and I was
told by somebody who came around collecting signatures that this was going to
be a big rental complex, I was appalled. I looked at the plans, I asked to
see the elevations, I asked to know what was going to happen to the housing.
I was answered, it's going to be sold, it's going to be private ownership.
Have you noticed the tree plan and the landscaping, because that was of
concern to me, because I spent a considerable amount of money on my property,
and a lot of it is in landscaping. There is a lot of property in my area that
is not landscaped. We happen to live on that street, in a very beautiful
little street, and it was one of the reasons I decided to invest a lot of
money in my property. I have walked the property extensively, I walk my dog
on it every morning, and I have paid attention to which trees are marked red,
and which trees are not marked, and I am satisfied that the plans as shown to -
you that are going to be built on that property, would certainly help me, if I
ever had to sell my property, because I would far sooner sell my property next
door to these kinds of beautiful elevations than I would to sell it next door
to a duplex that covers ninety-nine percent of the lot, and has parking going
on all over the front of it. I don't know what else to say, except that I
recognize that it's an unusual sort of placement of housing, but it is an
unusual piece of land, and I think that the housing as proposed would dignify
the land, and I certainly have no problem with it. Thank you. -
Mayor Suarez: Thank you.
Commissioner Dawkins: Mr. Rodriguez, can you build a duplex and sell the
units separately as single units?
Mr. Olmedillo: I defer it to the Law Department.
Ms. Miriam Maer: Under our City ordinances, the duplex would not be subject
to being sold as two separate units, if it is on one platted lot. It could be
sold as such, but then when the owner would come in for a building permit, the
City would then recognize the fact that there had been an improper division of
that single lot, And they would be required to come into conformance before a
building permit could be issued.
Commissioner Dawkins: I mean, I hear you, but I don't understand you.
Mayor Suarez: Could be sold, but not be built on. - without further
replatting?
Ms. Maer: Your could only... the problem is that a sale is considered a
subdivision of land, and you can only subdivide the land in accordances with
our ordinances. The exception to this, of course, is the condominium
development that I think Mr. Pierce mentioned.
Mayor Suarez: It could be sold if the person didn't know that the law was not
being complied with?
Ms. Maer: If a person purchased one half of a duplex, just that cement
building, and a half of the lot...
Mayor Suarez: Is that a correct statement of what I just said? - so the
Commissioner could move forward from that point.
Ms. Maer: Could you say that one more time?
Mayor Suarez: Could be sold but it wouldn't be entirely... the sale wouldn't
be entirely in accordance with the law, and the buyer should know that he has
bought...
Ms. Maer: If it were organized into a condominium form of ownership, you
could sell a unit in that condo, because you're selling that space.
Commissioner Alonso: Condominium, you can sell it, and it's done every day.
224 December 6, 1990
P
;;k
Mayor Suarez: You could do it as a condo, yes, but you will have to have a
declaration, et cetera.
Commissioner Dawkins: Mr. Pierce, are they applying for a condominium
building permit, or a duplex building permit?
Mr. Pierce: Well Mr. Dawkins, they would... the condominium aspect is
regulated by the State of Florida. City would issue a building permit as long
as the plan is properly platted, et cetera. And in this case the land is
already platted, if you tie the three lots, together, the unity of title. Or
replat them to eradicate all existing lot lands, then prepare your condominium
documents and get them approved by the State that it is a condominium legally,
and it is questioned then that the tenant buys, I mean the owner buys the
inside of that unit, and everything else is a common...
Mayor Suarez: Area.
Mr. Pierce: ... area of the condominium. The parking lot, the trees, the
backyards, and everything, strictly a condominium.
Commissioner Dawkins: Thank you.
Mr. Pierce: In closing, Mr. Mayor... excuse me, I lost my train of thought,
but...
Mayor Suarez: You want us to approve it.
Mr. Pierce: I wanted to point out to you that... well, I want you to vote
favorably, yes, but I wanted to point out that one of the owners of the
property, the blue property below the yellow is owned by one of the owners of
this property. He has been there seventeen years, and if there is any serious
upgrading that has been done there, then he has done it, and he has expanded
that house three times, and has absolutely no intention of leaving there.
Mayor Suarez: And he supports?
Mr. Pierce: Thank you, sir.
Mayor Suarez: Thank you. Anything further? - quick rebuttal, Ms. Otero, or
you are satisfied that everything has been stated? OK, Commissioners. You're
going to make a quick report, Guillermo?
Mr. Olmedillo: Just for the record, the Planning Department recommends
approval, that's the site plan that was submitted to us and the Zoning Board
decided on approval until it was appealed to you.
Mayor Suarez: Bless you, and bless all of us.
Vice Mayor Plummer: Well, let me ask this question. As I said to the lady
that spoke, and to Mrs. Grassie. I'm going to be hard pressed to vote against
this issue, because we encouraged it. Right or wrong, we encouraged it. And
so I said, what compromises could possibly be offered to make this more
permissible? I think one of the things that I would demand... two of the
thing that I would demand. One would be, that this would only be granted if
in fact it was a condominium. And number two, I thank the Mayor for bringing
up Wildflower, because Wildflower has a wall in the front of it with a gate
which does in fact, make it like a compound. It does prohibit ingress and
egress except by that one entrance there, which empties in one of the owner's
front yard. I don't know what are other areas of compromise there would be.
Mr. Pierce: Mr. Plummer, may I? - since you raise the issue, and I forgot to
mention in my presentation. There is an existing coral walk wall that's about
three, four feet high in front of an old wall, that was another one of the
department's recommendations, that that wall be razed, and that it needs
vision clearance, which we have no problem with, along this side, and that a
new wall will be built along the north and west property lands, minimum of
five feet high. And the applicants would like to make that six feet, just to
make that point, that it is a compound and it is private.
Vice Mayor Plummer: Is there a gate on the front?
225 December 6, 1990
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Mr. Pierce: There was no plan for a gate at this time, but there is no
problem with a gate. As a matter of fact, the gate offers that as security
for the residents there.
Mayor Suarez: What is the... if you finish your inquiry, I was going to ask
about, what are the criteria that we are applying in approving, or not
approving this?
Mr. Olmedillo: We look at the area, and it's the special exception
requirements. You look at the access, the traffic, the garbage disposal, and
waste disposal, and one of the issues is, is it conforming to the development.
Mayor Suarez: I was going to ask, if conformance was an issue.
Mr. Olmedillo: Yes, conformance is an issue.
Mayor Suarez: With the rest of the neighborhood?
Mr. Olmedillo: With the rest of the neighborhood. Character.
Mayor Suarez: And consideration as such as to the stability of the area, and
the matter in which so far it's been developed. In this particular case,
essentially, single family and duplexes, I guess.
Mr. Olmedillo: That entered into the question, the density of the entire
area, not of this particular area, because remember you are talking about only
two blocks, but if you walk the entire area, then you find that you have
smaller lots, and then you have smaller houses, so when you take the entire
area, something like this will be in conformance with what it's...
Mayor Suarez: And Vice Plummer has correctly stated that we have sort of
encouraged this, or we have certainly got a lot of discretion in this.
Mr. Olmedillo: This is an economic way of developing land, and you have all
the discretion in the world, because special exception allows you to.
Vice Mayor Plummer: That's why we voted it in, because it gave us so much
discretion and control.
Mayor Suarez: I wish we had less discretion, myself, you know. It's tough
decisions.
Commissioner Alonso: May I ask a question? This owner, this person, does he
own more property in that particular area?
Mr. Pierce: Yes.
Commissioner Alonso: He does.
Ms. Pierce: If you put the map...
Commissioner Alonso: Is it similar to what he has here?
Mr. Pierce: No. To point out to you Commissioner Alonso, if you look...
Mr. Olmedillo: What's blue on it.
Mr. Pierce:... on the left hand side, the blue piece right next to the
vertical red piece... no, right there. That is already developed with a
duplex. As you can see...
Commissioner Alonso: He owns all of what is blue?
Mr. Pierce: Just... that's his home, where the blue... the big blue piece is
his home, he lives there.
Commissioner Alonso: So, actually the could move next... across the street
and do exactly the same that he is doing here.
Mr. Pierce: No, he can't.
Commissioner Alonso: Why not?
226 December 6, 1990
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E
Mr. Pierce: Because, well he lives there for one thing, and the lot...
Commissioner Alonso: Well, sir, there is something called, "you move to a
different location."
Mr. Pierce: Commissioner, the lot doesn't qualify either.
Commissioner Alonso: What?
Mr. Pierce: It doesn't qualify to go...
Commissioner Alonso: Why not?
Mr. Pierce: It's not the same size lot. It doesn't have the square footage.
Commissioner Alonso: Tell me how big are those lots across the street. Are
they 50 by 150?
Unidentified Speaker: Yes.
Commissioner Alonso: Are they?... Sir, they do qualify for exactly the same
project.
Mr. Pierce: Are they? Over 50 by 150? You're right, yes. If they are 150
by... yes.
Commissioner Alonso: As a matter of fact, even larger, because he has one
extra lot. Right?
Unidentified Speaker: Two houses.
Mr. Pierce: Ma'am, Mrs. Alonso, may I point out to you, on one lot, two lots
to the east sits his personal residence, where he lives.
Commissioner Alonso: That's fine, but he can move.
Mr. Pierce: On the two lots next to that, is the already existing duplex, and
it has just been renovated.
Commissioner Alonso: Let me ask some other questions. And I'll like someone
on behalf of the neighbors to come to the microphone and see if we can find
some sort of understanding, and if the neighbors will agree to a smaller
project, and perhaps we can find a compromise of something high class,
feasible for the builder, he can sell at good price in the market, and it will
not mean as much as the way this one looks, even though you are telling me
it's going to sell for a hundred forty, each unit. I don't know, at least
from the roof down, it gives me the impression that it is not like... what's
the name of the other develop... Wildflower, those are single homes.
Mr. Pierce: That's correct.
Commissioner Alonso: And therefore, you know, much more expensive, higher
class. It is a nice project, but let me see. If we were to go instead of
nine units, to something like three houses, each side and one in the middle,
we will be going down from nine to seven. Seven single homes. Will it be
something that you can..
Mayor Suarez: Live with.
Commissioner Alonso: ... live with?
Ms. Otero: We can live with it. Definitely, something scaled down is pretty
much what we would be in favor of.
Commissioner Alonso: Seven nice high class homes will sell in the market for
good price, it will be more attuned with the kind of neighborhood, and if in
fact, you decide to do exactly the same thing across the street, that we
cannot ignore that you might, because the law allows you to do it, and want to
go, we will be thinking of something in that direction, and it will be better
for the area. Because it will be a burden in that area to have this side, and
the other side with a project like this. At least for this Commissioner, you
227 December 6, 1990
0 9
will have to come down for me to find some middle of the road agreement,
otherwise, I don't know what the rest of the Commission will do, but that's my
feeling.
Commissioner De Yurre: Let me give you my concern. My concern is that we
have a residential duplex area, and when you look at this proposed
development, what it looks to me, is like an apartment complex.
Ms. Otero: Exactly.
Commissioner De Yurre: By the parking, the way the parking is set up.
Commissioner Alonso: Especially the parking. I couldn't agree more. Yes.
Commissioner De Yurre: My concern is that if we have three lots, and you
build three duplexes, it maintains the integrity, the uniformity of the area.
Ms. Otero: Exactly, that's exactly what we had in mind.
Commissioner De Yurre: I don't know how, what you are proposing, which is
seven, can be built without looking something like this?
Commissioner Alonso: No, it can look very nicely, and it will give him... we
will not be cutting all of his rights, we will give him an extra incentive by
giving him one extra house, and to me, it will be higher class than going into
duplexes. But he will have to change that altogether.
Ms. Pierce: But Commissioner.
Commissioner Alonso: That parking in the middle turns me off, to tell you the
truth.
Commissioner De Yurre: These are twin units, anyway.
Commissioner Alonso: What?
Commissioner De Yurre: Aren't these twin units?
Mr. Pierce: But Commissioner, the neighborhood...
Commissioner Alonso: Those are like a duplex, and a duplex, and a duplex.
Commissioner De Yurre: They are like duplexes.
Commissioner Alonso: Right what he has now. I was talking about single
homes.
Mr. Pierce: But, Commissioner...
Mayor Suarez: Wait, wait. The code and the criteria that we are applying
does not exactly deal with, although I know what you are saying, deal with the
sort of the high class aspect of it, but we are trying to develop I think, we
are trying to negotiate here, if it can be negotiated, less density...
Commissioner Alonso: Density.
Mayor Suarez: ... and less change from the general character of the area.
Ms. Otero: Yes.
Commissioner Alonso: Yes, but he will have to go in something high class,
otherwise he will not get his money's worth.
Mayor Suarez: Yes. And high class not defined by the people who are in
there, necessarily, but the kind of structure...
Commissioner Alonso: No, I am talking about the structure, the quality, you
know.
Mayor Suarez: What we ought to decide here...
Commissioner Alonso: That's what I am talking about.
228 December 6, 1990
Mayor Suarez: ... Commissioners, is this feasible or not? Do you want to try
to propose procedurally that they go back to the drawing board and negotiate
with the neighbors, or are you going to try to limit by a motion, so that we
can wrap this up with some kind of a?... because the other possibility is to
move to deny the application which I think can fairly be done within our
discretion. I think one can... with the criteria that you enunciated, we can
simply vote against this project, too, and still not be running afoul with the
law. So, and I am kind of inclined to go that way, although I hear two people
willing to negotiate this matter, I don't... well procedurally how would you
like to...
Commissioner De Yurre: Well, the only way that you can negotiate is if they
change that parking, I just don't like the parking is set up. And I don't
know, again, even if you have seven single family homes, you're still going to
have that pocket in the middle with parking.
Ms. Otero: Exactly.
Commissioner De Yurre: And that takes away from the character...
Ms. Otero: It does.
Commissioner De Yurre: ... and the uniformity of that whole area. That's my
concern.
Vice Mayor Plummer: Well, wait a minute. If you drop it down to one... if
you look there, the one...
Ms. Otero: It is the parking... the parking is a very big issue.
Vice Mayor Plummer: OK, but what I am saying is, that the one single family
house there does have an undercover parking. If you were to drop it down from
the amount of units, you would then, to single units, would in fact have more
adequate space for parking under roof, or not in a complex kind of a
situation.
Mr. Pierce: May I...
Commissioner Alonso: You don't need eighteen parking to begin with.
i
Ms. Otero: No.
Mr. Pierce: Well, Commissioner, you may be correct. The code, the City
ordinance only requires thirteen and -a -half, fourteen. The other additional
spaces were put there, because staff asked for them, and I agree with them.
It's a practical requirement, that most people in this town today are two car
families, and it gives you that ability. But you are talking about duplexes
versus something else. I want to point out to you that if you go to 34th
Avenue, if you look at that map, that's all duplexes from the west edge of
that property, the subject property, all the way back around on the next
street. What we were attempting to do here, was to do something different.
If you build a duplex on a 50 foot wide lot, typically, you would get a 40
foot wide building with a five foot space on each side. The idea was to get
i away from that, to give it the compound, the enclosure look, to show the
greenery that you would have to lose, because of the traditional, typical,
duplex construction, and if you ride that street today, you will see it.
There are no trees on those front yards, because those front yards are
d occupied with parking spaces.
Ms. Otero: That's not true.
Mayor Suarez: Well there are all kinds of reasons why there is not as much
landscaping as we will all like to see, that's not the only one. Some of it
we just... when they initially built, they tore down too many trees, or there
just weren't any there, or people weren't able to provide them.
Mr. Pierce: You've got a tree present...
Mayor Suarez: The area is actually reasonably well landscaped, Walter.
Commissioners, we have to decide this, I mean, we have heard from both sides,
we really shouldn't argue with just the one side, and otherwise, we are never
going to get out of here.
229 December 6, 1990
9
Commissioner Alonso: Well, I just offered that suggestion as a...
Mayor Suarez: You were proposing a downsize to seven, right?
Commissioner Alonso: ... middle of the road agreement to seven. If someone
wants to move on this, I'm against that. I'm with the neighbors, I agree that
this is not the best for the area, and I cannot vote for this. So, I
suggested the middle of the road, seven, that perhaps it can go to single
homes, and it will be a reasonable project.
Mr. Otero: You wouldn't consider six? - which would be the normal.
Mayor Suarez: Which would be without changing at all.
Ms. Otero: Exactly.
Vice Mayor Plummer: Six, they can go to today.
Mayor Suarez: That would be the same as denying the application, I think.
Ms. Otero: Right.
Commissioner Alonso: Six, they don't have to come to us, they can do it on
their own, and do as they please.
Ms. Otero: That's what we would...
Mayor Suarez: And the only thing about that, Betty, is that we would
not be
able to keep, right, we wouldn't be able to keep any control.
Commissioner Alonso: Seven, we have some control on how they do it,
and it
might be nicer looking to you. Six they don't come to us, and do
as they
please.
Ms. Otero: It still would be within the integrity of the neighborhood.
i
i
Mayor Suarez: Yes. Except that we couldn't control in any way, the
layout
i
and the way...
R
Commissioner Alonso: Exactly.
Ms. Otero: Right.
Mayor Suarez: Of course, on the other hand, if by trying to control
it, we
end up with what you don't like, we are back to where we started, so.
Ms. Otero: Exactly.
I Vice Mayor Plummer: All right, what are we going to do?
1
Mayor Suarez: OK, Commissioner, I'll entertain a motion.
Commissioner De Yurre: I'll make a motion to deny.
Mayor Suarez: Move to deny. I'll second it.
Commissioner Alonso: To deny it.
i
Vice Mayor Plummer: Motion to deny the application as it is.
i
Mayor Suarez: Oh, J.L.
Ms. Maer: So that's to grant the appeal.
Vice Mayor Plummer: That's is to grant the appeal.
Ms. Maer: And deny the special exception.
Vice Mayor Plummer: That's correct. Is there any further discussion
on the
motion?
230 December
6, 1990
4
0
(APPLAUSE)
Mayor Suarez: Please, please, please.
Commissioner Dawkins: I was voting until you clapped.
Vice Mayor Plummer: Call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 90-977
A RESOLUTION REVERSING THE DECISION OF THE ZONING
BOARD AND DENYING THE SPECIAL EXCEPTION, FROM
ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, SCHEDULE OF DISTRICT
REGULATIONS, PAGE 1 OF 6, PRINCIPAL USES AND
STRUCTURES, TO ALLOW THE CONSTRUCTION OF NINE (9)
DWELLING UNITS IN FIVE (5) STRUCTURES ON THE PROPERTY
ZONED RG-1/3 GENERAL RESIDENTIAL (ONE AND TWO FAMILY),
AND LOCATED AT 3373 S.W. 28 TERRACE, MIAWI, FLORIDA,
ALSO DESCRIBED AS LOTS 14, 15 AND 16, BLOCK 2, POMELO
PARK, AS RECORDED IN PLAT BOOK 5 AT PAGE 60, OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AS PER PLANS
ON FILE, SUBJECT TO TWENTY-TWO (22) NEW 14' MINIMUM
HEIGHT MAHOGANY OR OAK TREES, 20' ON CENTER, ADDED TO
THE THREE SIDES OF THE PROPERTY NOT FACING THE STREET,
AND THE PROPOSED MASONRY WALL ON THE WESTERLY AND
NORTHERLY PROPERTY LINES TO BE STUCCOED AND PAINTED ON
BOTH SIDES, SUBJECT TO LANDSCAPE REVIEW BY THE
PLANNING DEPARTMENT; FURTHER, REQUIRING THAT A
BUILDING PERMIT FOR SAID CONSTRUCTION BE OBTAINED BY
MARCH 2, 1991.
(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
Mayor Xavier L. Suarez
NOES: Vice Mayor J.L. Plummer, Jr.
ABSENT: None.
COMMENTS MADE AFTER ROLL CALL:
Vice Mayor Plummer: I'm going to vote, no, on this application. I thought
there was room for compromise, obviously, there is not. I was hoping there
would be. I vote no.
231 December 6, 1990
0
E
75. GRANT APPEAL BY RALEIGH L. GRAHAM AND REVERSE ZONING BOARD'S SPECIAL
EXCEPTION (PREVIOUSLY GRANTED TO REV. EDWARD A McCARTHY, AS ARCHBISHOP
OF MIAMI ARCHDIOCESE) WHICH WOULD HAVE ALLOWED CONSTRUCTION AND
OPERATION OF A HOUSE OF WORSHIP AT 347-401 N.E. 26 TERRACE.
Mayor Suarez: PZ-20. Are they here?
Mr. Olmedillo: PZ-20 again, is an appeal to a special exception granted by
the Zoning Board. My understanding from the original applicant who was
represented by Christina attorney, is to continue, or withdraw the
item altogether. So, you might as well hear from her.
Vice Mayor Plummer: Is this from the Archbishop?
Mr. Olmedillo: That is correct.
Commissioner De Yurre: I have a conflict, because I'm catholic.
Mr. Olmedillo: So do I, so...
Mayor Suarez: What did you just say about continuing or withdrawing the item,
what did you just say?
Mr. Olmedillo: Well I would rather allow the attorney for the applicant, for
the original applicant to address the Commission.
Mayor Suarez: What did you say that was supposed to happen?
Mr. Olmedillo: My understanding is that the owner of the property, it's...
UNIDENTIFIED SPEAKER: We're not opposing the appeal.
Vice Mayor Plummer: Well who is taking the appeal?
Mayor Suarez: Who?
UNIDENTIFIED SPEAKER: The neighbors.
Mr. Olmedillo: The appeal is filed...
Vice Mayor Plummer: OK, all right.
UNIDENTIFIED SPEAKER: They are withdrawing their plan.
Mayor Suarez: Oh, they are withdrawing the whole thing? So what do we need
to do on the record?
Vice Mayor Plummer: You're withdrawing your appeal?
Commissioner De Yurre: A little quiet please, back there.
Mayor Suarez: Where is the officer? Please clear the back, they can
celebrate outside, or commiserate, or whatever they want, but outside.
Vice Mayor Plummer: What legally do we have to do? Do we deny the appeal, is
that what we do?
UNIDENTIFIED SPEAKER: You would grant the appeal, if anything.
Vice Mayor Plummer: No.
Ms. Maer: The Zoning Board allowed this, and the neighborhood appealed this
to the City Commission.
Mayor Suarez: Or do we just announce the withdrawal at this point in which...
what do you want us to do? Please, somebody here, one of the experts?
232 December 6, 1990
ftA
Ms. Maer: The way to do this, would be to grant the appeal, which denies the
application.
Mayor Suarez: all right, I'll entertain a motion to grant the appeal.
Commissioner De Yurre: Move.
Mayor Suarez: Moved.
Ms. Maer: OK.
Commissioner Alonso: Second.
Vice Mayor Plummer: A nomine patri, filie, Santo...
Mayor Suarez: Any discussion? If not, please call the roll. Call the roll
please, before we change our mind.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 90-978
A RESOLUTION REVERSING THE DECISION OF THE ZONING
BOARD AND DENYING THE SPECIAL EXCEPTION, FROM
ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, SCHEDULE OF DISTRICT
REGULATIONS, PAGE 1 OF 6, PRINCIPAL USES AND
STRUCTURES, TO ALLOW THE CONSTRUCTION AND OPERATION OF
A HOUSE OF WORSHIP ON A SITE WHICH IS LESS THAN 2 1/2
ACRES FOR THE PROPERTY ZONED RG-3/6 GENERAL
RESIDENTIAL, AND LOCATED AT 347-401 NORTHEAST 26
TERRACE, MIAMI, FLORIDA, ALSO DESCRIBED AS LOTS 5 AND
6, BLOCK 3, ESCOTTONIA PARK AND., AS RECORDED IN PLAT
BOOK 4 AT PAGE 161, OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA, AS PER PLANS ON FILE, SUBJECT TO NO
FOOD BEING DISTRIBUTED ON OR FROM SAID SITE AND
SUBJECT TO A 6' CBS WALL BEING ERECTED ON NORTH, WEST
AND EAST PROPERTY LINES, SAID WALL TO BE PAINTED AND
STUCCOED ON BOTH SIDES AND SUBJECT TOT THE
INSTALLATION OF A GATE TO SECURE AND LIMIT ACCESS IN
AND OUT OF THE PROPERTY; FURTHER, REQUIRING THAT A
BUILDING PERMIT FOR SAID HOUSE OF WORSHIP BE OBTAINED
BY MARCH 2, 1991.
(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.
233 December 6, 1990
0
76. FIRST READING ORDINANCE: AMEND 11000 ZONING ATLAS - APPLY SD-20
EDGEWATER OVERLAY DISTRICT TO AREA BOUNDED BY N,E, 2 AVENUE AND BISCAYNE
BAY, FROM N.E. 36 STREET TO I-95 (AIRPORT EXPRESSWAY) (Applicant:
Planning, Building & Zoning Dept.).
Mayor Suarez: Item 21, last one.
Mr. Olmedillo: PZ-21 is the extension of the SD-20 Overlay for Edgewater.
Vice Mayor Plummer: Any opposition?
Commissioner Dawkins: What?
Vice Mayor Plummer: It's first reading. I second it. Is there opposition?
Mayor Suarez: Anyone wish to be heard against this? Let the record reflect
no one stepped forward. Moved.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Any discussion? If not, please read the ordinance.
Commissioner Dawkins: OK.
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, BY APPLYING THE SD-20
EDGEWATER OVERLAY DISTRICT TO THE AREA GENERALLY
BOUNDED BY NORTHEAST 2ND AVENUE AND BISCAYNE BAY, FROM
NORTHEAST 36 STREET TO I-195 (AIRPORT EXPRESSWAY),
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN);
BY MAKING FINDINGS; AND BY MAKING ALL NECESSARY
CHANGES ON PAGE 15 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
Dawkins 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.
NOTE FOR THE RECORD: AT THIS POINT, THE CITY
COMMISSION CLOSES CONSIDERATION OF PLANNING AND ZONING
ISSUES TO CONSIDER REGULAR NON -AGENDA ITEMS.
234 December 6, 1990
Ll
0
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77. URGE MIAMI CAPITAL DEVELOPMENT, INC. TO DO EVERYTHING IN ITS POWER TO
EXTEND A $200,000 LOAN TO TEATRO MARTI TO ASSIST WITH THEIR OPERATIONAL
EXPENSES.
Vice Mayor Plummer: Since I won't see...
Mr. Jorge Fernandez: Mr. Mayor.
Commissioner De Yurre: Mr. Mayor, we have here...
Mayor Suarez: Please, Commissioner De Yurre has the floor. Yes.
Commissioner De Yurre: We have here Mr. Capote, who is the owner of the
Teatro Marti, and they are in a very difficult situation, due to the fact that
fire code requirements are putting an economic burden on them to the tune of
about two hundred thousand dollars ($200,000). They are going to be forced to
close down the Teatro Marti, which as you know, is something that is dear to
all of us after being there for twenty-three years as part of our culture
here, in the Cuban culture, and Miami's culture in general.
Mayor Suarez: What do you need, Commissioner?
Commissioner De Yurre: They need some help, and what I would like to see is
with all the same guidelines that we did today in fact for La Reina, to direct
Miami Capital to go ahead and to process a loan with the basic...
Mayor Suarez: OK, they have solved the problems that we had the last time we
discussed this? Senor Capote, did they solve the tax problems, the
withholding?...
Unidentified Speaker: Yes, everything.
Commissioner De Yurre: The tax... Ya resolvistes los taxes?
Mayor Suarez% I have no problem if you want to move to... as a resolution or
in principle, that Miami Capital should make every effort to lend them the
money. That's what we did many, many months ago.
Commissioner De Yurre: Well, the thing is, that they are going to start
getting hit with two hundred and fifty dollars ($250.00) a day penalty, and
you know, we need to give some direction to Miami Capital to go ahead and
again, based on their requirements, but to process this loan immediately.
Mayor Suarez: I have no problem with that.
Commissioner De Yurre: And that would be my motion.
Mayor Suarez: So moved.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 90-979
A RESOLUTION APPROVING, IN PRINCIPLE, A CONTEMPLATED
LOAN BY MIAMI CAPITAL DEVELOPMENT, INC., TO TEATRO
MARTI WITH AMOUNT AND TERMS TO BE AGREED UPON BY MIAMI
CAPITAL DEVELOPMENT, INC., AND TEATRO MARTI.
(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:
235 December 6, 1990
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor J.L. Plummer, Jr.
------------------------------------------------------------------------------
78. (Continued Discussion) SETTLEMENT: ROSLAND RUSSELL COLLIER ($63,000)
(See label 61).
---------------------------------------------- -------------------------------
Mayor Suarez: Mr. City Attorney, you want us to approve a settlement?
- Mr. Fernandez: Yes. There are two items Commissioners, that I would like for
you to consider first, and they are both settlements.
Mayor Suarez: Which of the two is most important in case we don't get to the
second?
Mr. Fernandez: Of the two, the one that was passed out by Mr. Clark. It's the
settlement, actually, both of them are settlement, and because they are in
excess of twenty-five thousand dollars ($25,000) I'm coming to you. In these
cases, is a clear case of liability on the part of the City driver.
Commissioner Dawkins: Move.
Mayor Suarez: Moved by Commissioner Dawkins as to the first one that you
mentioned.
Commissioner Alonso: Second.
Mayor Suarez: Second.
Mr. Fernandez: And it's a resolution authorizing settlement in sixty-three
thousand dollars ($63,000), and the other one is a resolution coming from...
Commissioner Dawkins: Let us vote on this one first.
Mayor Suarez: Let us vote on one.
Mr. Fernandez: ... Risk Management department. Right. Vote on this one
first, City Clerk.
Mayor Suarez: Can we take them both together?
Mr. Fernandez: No, you cannot. Please, separate votes.
Commissioner Alonso: The other one is what?
Mayor Suarez: OK. So then, please let us vote on the first. Call the roll
on the first, the sixty-three thousand dollars ($63,000) settlement in the
Collier case.
236 December 6, 1990
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 90-980
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO ROSLAND RUSSELL COLLIER, WITHOUT THE ADMISSION
OF LIABILITY, THE SUM OF $63,000.00 IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI, IN CIRCUIT COURT CASE NO.
90-16085 CA 13, UPON THE EXECUTION OF A RELEASE
RELEASING THE CITY OF MIAMI FROM ANY AND ALL CLAIMS
AND DEMANDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
79. (Continued Discussion) SETTLEMENT: FELIX MIDENCE ($55,000) (See label
61).
Mayor Suarez: And the second one.
Mr. Fernandez: And the second one is for fifty-five thousand dollars
($55,000) where a police officer travelling on a wrong way, on a one-way.
Again, clear case of liability perhaps, against the City. Settlement for
fifty-five thousand dollars ($55,000).
Mayor Suarez: All right, moved and seconded. Any discussion? If not, please
call the roll.
Commissioner Dawkins: Call the roll, Madam City Clerk, call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 90-981
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO FELIX MIDENCE, WITHOUT THE ADMISSION OF
LIABILITY, THE SUM OF $55,000.00 IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI, FLORIDA, UPON THE EXECUTION OF A
RELEASE, RELEASING THE CITY OF MIAMI FROM ANY AND ALL
CLAIMS AND DEMANDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
237 December 6, 1990
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
'1
Mr. Fernandez: Did you give J.L. a copy? Bring J.L's.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 7:23 P.M.
Xavier L. Suarez
M A Y 0 R
ATTEST:
Matty Hirai Op
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK �
r�
•
IN ORp lckTED
l8 E 96 �.
coof
238 December 6, 1990