HomeMy WebLinkAboutCC 1990-09-27 MinutesCITY OF MIAMI
a
C
OF MEETING HELD ON
SEPTEMBER 27, 1990
PLANNING AND ZONING
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY 1-1IRAI
City Clerk
ITEM
NO.
1.
2.
SUBJECT
BERNARD ($60,000).
INDEX
MINUTES OF REGULAR MEETING
SEPTEMBER 27, 1990
CLAIM SETTLEMENT: EVELYN ROVELLO R 90 -714
(A) DISCUSSION IN CONNECTION WITH
ACCIDENT AT THE SHRIMPING VILLAGE
CONCERNING POTENTIAL LIABILITY TO THE
CITY - REQUEST REPORT FROM
ADMINISTRATION ON FEASIBILITY OF
CHARGING, LICENSING, AND LIABILITY
INSURANCE FROM COMMERCIAL
ESTABLISHMENTS IN THE AREA.
(B) DISCUSSION IN CONNECTION WITH
PROPOSED LIABILITY SETTLEMENT
CONCERNING A RESIDENT FROM FISHER
ISLAND - CITY COMMISSIONER REFUSES TO
ACCEPT PROPOSAL FOR SETTLEMENT AND
INSTRUCTS CITY ATTORNEY TO INSTITUTE
LEGAL PROCEEDINGS.
3. BRIEF COMMENTS CONCERNING - PROPOSAL TO
CHANGE NAME OF THE LATIN QUARTER REVIEW
BOARD (See label 28).
4. INSTRUCT CITY ATTORNEY TO PARTICIPATE
AS AMICUS CURIAE IN THE CASE OF GENE
MCNARY, COMMISSIONER OF IMMIGRATION AND
NATURALIZATION, ET AL V. HAITIAN
REFUGEE CENTER, INC., ET AL (U.S.
Supreme Court Case No. 89- 1332).
5. DISCUSS AND TEMPORARILY TABLE PROPOSED
AWARD OF BID TO PIPING HOT CATERERS,
INC. - FOR FURNISHING MEALS AT DAY CARE
AND PRE- SCHOOL CENTERS (See label 27).
6. (A) RESCHEDULE FIRST CITY COMMISSION
MEETING IN OCTOBER TO TAKE PLACE ON THE
18TH.
(B) DIRECT ADMINISTRATION TO SCHEDULE
ON NEXT COMMISSION MEETING AGENDA: (a)
UPDATE ON DINNER KEY BOATYARD (MERRILL-
STEVENS); AND (b) RECOMMENDATIONS BY
THE WATERFRONT ADVISORY BOARD
CONCERNING THE FINANCIAL AND
OPERATIONAL STATUS OF THE CITY'S
MARINAS.
(C) BRIEF COMMENTS CONCERNING PROBLEMS
CONCERNING THE MIAMI RIVER.
LEGISLATION PAGE
NO.
9/27/90
DISCUSSION
9/27/90
DISCUSSION
9/27/90
R 90 -715
9/27/90
DISCUSSION
9/27/90
R 90 -716
M 90 -716.1
DISCUSSION
9/27/90
7. AMEND RESOLUTION 90 -332, WHICH AFFIRMED R 90 -717
ZONING BOARD'S DECISION TO GRANT 9/27/90
SPECIAL EXCEPTION TO PERMIT A DRIVE -IN
FACILITY FOR CITICORP SAVINGS OF
FLORIDA AT 1600 S.W. 22 STREET (CORAL
WAY) - CORRECT SCRIVENER'S ERROR
REGARDING FLOW OF INGRESS AND EGRESS.
1 -2
3 -5
5 -6
6 -7
7 -8
9 -22
22 -29
8. REQUEST ADMINISTRATION TO INFORM
COMMISSION (THIS SAME DATE) WHETHER
CHURCHES (ON PLACE OF WORSHIP) CAN HAVE
A COVERED DISH LUNCHEON FOR CHILDREN IN
A SCHOOL CAFETERIA (See label 59).
9. REQUEST CITY ATTORNEY TO INVESTIGATE
AND REPORT BACK CONCERNING A PROPOSAL
FOR A CHARLIE HOUSE OPERATION ON 29TH
ROAD AND 1ST AVENUE USING CONCEPT OF
MULTIPLE APARTMENTS - REQUEST
ADMINISTRATION TO INVESTIGATE AN HRS
STATEMENT THAT, UNDER THE NEW STATE
LAW, THE CITY COMMISSIONER HAS NO
JURISDICTION IN THE MATTER.
10. EMERGENCY ORDINANCE: APPROVE TRANSFER ORDINANCE
OF CITY'S NATURAL GAS FRANCHISE TO NUI 10780
CORPORATION (ORIGINALLY GRANTED BY 9/27/90
ORDINANCE 8309 TO ELIZABETHTOWN GAS
COMPANY).
11.
EMERGENCY ORDINANCE: AMEND 10732 -
INCREASE APPROPRIATIONS TO SPECIAL
REVENUE FUND ENTITLED: SUMMER FOOD
SERVICE PROGRAM FOR CHILDREN 1990 -
FROM GRANT REIMBURSEMENTS FROM U.S.
DEPARTMENT OF AGRICULTURE THROUGH
FLORIDA DEPARTMENT OF EDUCATION.
12. (A) SECOND READING ORDINANCE:
ESTABLISH APPROPRIATIONS FOR CITY OF
MIAMI CAPITAL IMPROVEMENTS FOR FISCAL
YEAR 1990 -91.
(B) DISCUSSION CONCERNING METROPOLITAN
DADE COUNTY'S PROPOSED SALES TAX
INCREASE FOR FISCAL YEAR 1990 -91
BUDGET.
13. DIRECT ADMINISTRATION TO OBTAIN
FINANCIAL ASSISTANCE FOR REPAIRS OF
MURALS IN CULMER /OVERTOWN LIBRARY FROM:
(a) ART IN PUBLIC PLACES COMMITTEE OF
METROPOLITAN DADE COUNTY; (b) THE
FACADE IMPROVEMENT COMMUNITY
DEVELOPMENT BLOCK GRANT MONIES; OR (c)
DEVELOPERS WHO HAVE BUILT HOMES IN
OVERTOWN /PARK WEST.
14. REFER TO WATERFRONT BOARD REQUEST FROM
CELEBRATION EXCURSIONS OF MIAMI, INC.
TO CONSTRUCT AND OPERATE A TICKET BOOTH
AT DINNER KEY MARINA - DIRECT
ADMINISTRATION TO REVIEW OFFER.
15. GRANT REQUEST BY BAND LEADERS
ASSOCIATION FOR REVISION OF PARADE
ROUTE CONCERNING SIXTH ANNUAL
CARIBBEAN - AMERICAN FESTIVAL EVENT.
DISCUSSION
9/27/90
DISCUSSION
9/27/90
ORDINANCE
10781
9/27/90
ORDINANCE
10782
DISCUSSION
9/27/90
M 90 -718
9/27/90
DISCUSSION
9/27/90
R 90 -719
9/27/90
16. REQUEST MANAGER TO TRY TO ASSIST HIGH -Q DISCUSSION
ELECTRIC, INC. IN CONNECTION WITH ITS 9/27/90
OUTSTANDING DEBT ON CONTRACT AT
POINCIANA VILLAGE DEVELOPMENT WITHOUT
THE CITY ASSUMING ANY RESPONSIBILITY.
29 -30
30
31 -35
35 -36
36 -41
42 -44
45 -48
48 -50
50 -54
17. GRANT FUNDING REQUEST IN SUPPORT OF R 90 -720
AMERICA 500 YEARS LATER - ALLOCATE 9/27/90
$5,000 FROM INTERNATIONAL TRADE BOARD'S
FY'90 BUDGET UPON THEIR ACHIEVING NON-
PROFIT STATUS.
18. (A) RESCHEDULE SECOND COMMISSION R 90 -721
MEETING PRESENTLY SCHEDULED ON NOVEMBER R 90 -722
22ND TO TAKE PLACE ON NOVEMBER 8TH, 9/27/90
BEGINNING AT 2:00 P.M.
(B) RESCHEDULE DECEMBER REGULAR AND
PLANNING AND ZONING CITY COMMISSION
MEETINGS TO BOTH TAKE PLACE ON THE
DECEMBER 6TH.
19. AUTHORIZE INCREASE IN CONTRACT WITH R 90 -723
KHULY ALVAREZ AND ASSOCIATES, 9/27/90
ARCHITECTS, PA. CONCERNING DEVELOPMENT
OF SOUTH DISTRICT POLICE SUBSTATION
(CIP 312008).
20. CONFIRM ASSESSMENT ROLL FOR R 90 -724
CONSTRUCTION OF N.W. 47 AVENUE HIGHWAY 9/27/90
IMPROVEMENT (DISTRICT H- 4505).
21. CONFIRM ASSESSMENT ROLL FOR R 90 -725
CONSTRUCTION OF DESIGN PLAZA HIGHWAY 9/27/90
IMPROVEMENT (DISTRICT H- 4505).
23. CONFIRM ASSESSMENT ROLL FOR R 90 -726
CONSTRUCTION OF EDGEWATER HIGHWAY 9/27/90
IMPROVEMENT (DISTRICT H- 4496).
24. CONFIRM ASSESSMENT ROLL FOR R 90 -727
CONSTRUCTION OF CITYWIDE HIGHWAY 9/27/90
IMPROVEMENT - PHASE I (DISTRICT PHASE I
H- 4497).
25. CONFIRM ASSESSMENT ROLL FOR R 90 -728
CONSTRUCTION OF BUENA VISTA HIGHWAY 9/27/90
IMPROVEMENT - PHASE II (DISTRICT PHASE
II - BIDS A AND B - H- 4506).
27. (Continued Discussion) ACCEPT BID: R 90 -729
PIPING HOT CATERERS, INC. - FOR 9/27/90
FURNISHING MEALS AT SIX DAY CARE
CENTERS AND ONE PRE- SCHOOL CENTER - TO
PARKS DEPARTMENT - ALLOCATE FUNDS FROM
U.S. DEPARTMENT OF AGRICULTURE GRANT
THROUGH STATE OF FLORIDA DEPARTMENT OF
EDUCATION (See label 5).
54 -57
57 -61
61
62
62 -63
22. INSTRUCT ADMINISTRATION TO RESEARCH DISCUSSION 63 -65
RUMORS THAT METROPOLITAN DADE COUNTY IS 9/27/90
ACTUALLY USING PART OF ITS BUDGET IN
UNINCORPORATED AREAS TO PAY GENERAL
COSTS AND EXPENSES.
65
66
66 -67
26. PROCLAMATION OF GOOD NEIGHBOR DAY TO DISCUSSION 67 -68
FLORIDA LEAGUE OF CITIES. 9/27/90
68 -72
28. DISCUSSION CONCERNING PROPOSED CHANGE DISCUSSION 72 -89
OF NAME FOR THE PROJECT PRESENTLY KNOWN 9/27/90
AS LATIN QUARTER (PROPOSED NEW NAME
LITTLE HAVANA) - DIRECT ADMINISTRATION
TO ADVERTISE A PUBLIC HEARING FOR SAID
PURPOSE AT THE MEETING PRESENTLY
SCHEDULED FOR OCTOBER 18, 1990. (See
kabel 3)
29. SECOND READING ORDINANCE (MIAMI ORDINANCE 89 -93
COMPREHENSIVE NEIGHBORHOOD PLAN), AMEND 10783
10544 - AMEND FUTURE LAND USE MAP - 9/27/90
CHANGE LAND USE DESIGNATION AT 2490-
2670 N.W. 18 TERRACE FROM DUPLEX
RESIDENTIAL TO INDUSTRIAL (Applicant:
Planning Department).
30. SECOND READING ORDINANCE: AMEND 11000 ORDINANCE 93 -94
ATLAS - CHANGE DESIGNATION AT 120 -186 10784
S.W. 13 STREET AND 1315 -1325 S.W. 2 9/27/90
AVENUE FROM 0 OFFICE TO C -1 RESTRICTED
COMMERCIAL (Applicant: Planning
Department).
31. DISCUSS AND TABLE PROPOSED SECOND DISCUSSION 94 -96
READING ORDINANCE AMEND ORDINANCE 11000 9/27/90
ATLAS FROM R -4 MULTI FAMILY HIGH
DENSITY RESIDENTIAL AT 596 N,W. 49
AVENUE AND FROM R -2 TWO FAMILY
RESIDENTIAL AT 4901 N.W. 5 STREET TO C-
1 RESTRICTED COMMERCIAL (Applicant:
Planning Department). (See label 53 -B)
32. SECOND READING ORDINANCE: AMEND 9500 ORDINANCE 96 -97
ATLAS - CHANGE DESIGNATION AT 1701 -1991 10785
PARKWAY FROM RS -2/2 ONE FAMILY DETACHED 9/27/90
RESIDENTIAL AND RO -3/6 RESIDENTIAL
OFFICE TO CG -2/7 GENERAL COMMERCIAL
(Applicant: Planning Department).
33. SECOND READING ORDINANCE: AMEND 11000 ORDINANCE 97 -98
ATLAS - CHANGE DESIGNATION AT 1701 -1991 10786
DELAWARE PARKWAY FROM R -1 SINGLE FAMILY 9/27/90
RESIDENTIAL AND 0 OFFICE TO C -2 LIBERAL
COMMERCIAL (Applicant: Planning
Department).
34. SECOND READING ORDINANCE: AMEND 9500 ORDINANCE 98 -99
ATLAS - CHANGE DESIGNATION AT 2810 -2819 10787
N.W. SOUTH RIVER DRIVE AND THAT SECTION 9/27/90
OF THE NORTH FORK OF THE MIAMI RIVER
LOCATED ALONG THE SOUTHEASTERLY
PROPERTY LINE OF 1851 DELAWARE PARKWAY
BY APPLYING HC -1 GENERAL USE HERITAGE
CONSERVATION OVERLAY DISTRICT
(Applicant: Planning Department).
35. SECOND READING ORDINANCE: AMEND 11000 ORDINANCE 100
ATLAS - CHANGE DESIGNATION AT 2810 -2916 10788
N.W. SOUTH RIVER DRIVE AND THAT SECTION 9/27/90
OF THE NORTH FORK OF THE MIAMI RIVER
LOCATED ALONG THE SOUTHEASTERLY
PROPERTY LINE OF 1851 DELAWARE PARKWAY
BY APPLYING HC -1 GENERAL USE HERITAGE
CONSERVATION OVERLAY DISTRICT
(Applicant: Planning Department).
36. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 101
CODE CHAPTER 62 - AMEND SECTIONS 62- 10789
84(1), 62 -84(2) AND 62 -84(4) CONCERNING 9/27/90
THE URBAN DEVELOPMENT REVIEW BOARD -
COMPOSITION, PROCEDURES FOR
APPOINTMENT, PUBLIC NOTICE AND
SOLICITATION.
� 11 Ii I Ill i. 1. I �r
(i
37.
41.
BRIEF DISCUSSION CONCERNING APPOINTMENT DISCUSSION 102
OF INDIVIDUALS TO URBAN DEVELOPMENT 9/27/90
REVIEW BOARD - REFER TO ADMINISTRATION
TO DEVELOP AN EASIER SYSTEM FOR
APPOINTMENT.
38. REVERSE ZONING BOARD'S DENIAL OF R 90 -730
REQUEST - GRANT VARIANCE TO ALLOW 9/27/90
ADDITIONS TO SINGLE FAMILY RESIDENCE AT
3157 S.W. 24 TERRACE (Applicant: Blanca
Espinosa).
103 -109
39. DISCUSSION CONCERNING REPORT FROM DISCUSSION 110 -111
PLANNING, BUILDING AND ZONING 9/27/90
DEPARTMENT REGARDING PROPERTIES REZONED
OVER A YEAR AGO FOR WHICH BUILDING
PERMITS HAVE NOT BEEN ISSUED - INSTRUCT
ADMINISTRATION TO PERIODICALLY PROVIDE
COMMISSIONERS WITH A LIST OF PROPERTIES
FOR POSSIBLE DOWN- ZONING.
40. DISCUSSION CONCERNING GUIDELINES AND R 90 -731
CRITERIA RELATING TO VOLUNTARY PROFFERS 9/27/90
TO THE CITY - DIRECT ADMINISTRATION TO
EARMARK THE FIRST $25,000 FROM A
SPECIAL FUND ESTABLISHED FOR
VOLUNTARILY PROFFERED CONTRIBUTIONS
PLEDGED TO THE CITY TO GO TOWARD
SECURITY FOR THE RAINBOW VILLAGE -
INSTRUCT ADMINISTRATION TO REPORT BACK
TO THE COMMISSION EACH ITEM THE
VOLUNTARILY PROFFERED CONTRIBUTION FUND
REACHES $25,000.
42. DISCUSSION CONCERNING THE ORANGE R 90 -732
BLOSSOM CLASSIC - ALLOCATE $25,000, 9/27/90
SUBJECT TO PRIOR EXECUTION OF A
CONTRACT WITH THE STATE OF FLORIDA FOR
A GRANT, AND SUBJECT TO COMPLETION OF
USE AGREEMENT WITH FLORIDA A &M
UNIVERSITY GUARANTEEING USE OF ORANGE
BOWL STADIUM FOR THE EVENT.
112-114
SECOND READING ORDINANCE (MIAMI ORDINANCE 114 -120
COMPREHENSIVE NEIGHBORHOOD PLAN): 10790
AMEND 10544 - AMEND FUTURE LAND USE 9/27/90
MAP - CHANGE LAND USE DESIGNATION AT
3560 MAIN HIGHWAY (TAURUS RESTAURANT)
FROM SINGLE FAMILY RESIDENTIAL TO
RESTRICTED COMMERCIAL (Applicant: David
& Christine C. Hill).
120 -127
43. SECOND READING ORDINANCE: AMEND 9500 ORDINANCE 127 -128
ATLAS - CHANGE DESIGNATION AT 3560 MAIN 10791
HIGHWAY FROM RS -2/2 ONE FAMILY DETACHED 9/27/90
RESIDENTIAL TO SPI -2 COCONUT GROVE
CENTRAL COMMERCIAL DISTRICT (Applicant:
David & Christine C. Hill).
44. SECOND READING ORDINANCE: AMEND 11000, ORDINANCE 128 -129
ARTICLE 9 (GENERAL AND SUPPLEMENTARY 10792
REGULATIONS) SUBSECTION 907.4 (YARD, 9/27/90
GENERAL LIMITATIONS ON OCCUPANCY) - ADD
NOISE LIMITATIONS FOR MECHANICAL AND
FIRE EQUIPMENT TO ATTENUATE NOISE.
46.
47.
•
45. CONTINUE CONSIDERATION OF PROPOSED DISCUSSION 129 -131
FIRST READING ORDINANCE AMENDING 11000
OFFICIAL SCHEDULE OF DISTRICT 9/27/90
REGULAITONS, AND ARTICLE 4 ZONING
DISTRICT C -2 LIBERAL COMMERCIAL ZONING
DISTRICT, PERMITTED PRNCIPAL USES TO
ADD ASTROLOGERS, PALMISTS AND
PHRENOLOGISTS (to meeting of October
25th).
FIRST READING ORDINANCE: AMEND 11000 - ORDINANCE 131 -133
OFFICIAL SCHEDULE OF DISTRICT FIRST READING
REGULATIONS, AND ARTICLE 4 ZONING 9/27/90
DISTRICTS, R -2 TWO FAMILY RESIDENTIAL
DISTRICT, PERMITTED PRINCIPAL USE, R -3
MULTI FAMILY MEDIUM DENSITY
RESIDENTIAL, CONDITIONAL PRINCIPAL
USES, R -4 MULTI FAMILY HIGH DENSITY
RESIDENTIAL, CONDITIONAL PRINCIPAL
USES, AND 0- OFFICE, CONDITIONAL
PRINCIPAL USES - TO CORRECT ERRORS BY
REFINING DISTANCE REQUIREMENTS AND
REFORMATTING OTHER REQUIREMENTS FOR
COMMUNITY BASED RESIDENTIAL FACILITIES
(CBRF) (CHARLIE HOUSE FOSTER HOMES)
(Applicant: Planning Department).
DISCUSSION CONCERNING A CITIZEN'S DISCUSSION 134 -135
CONCERN ABOUT STORMWATER DRAINAGE 9/27/90
PROBLEMS (FLOODING) FLAGAMI (Jose M.
Hernandez).
48. FIRST READING ORDINANCE: AMEND 11000 - ORDINANCE 136 -137
ADD NEW SECTION 620 ENTITLED: SD -20 FIRST READING
EDGEWATER OVERLAY DISTRICT TO ARTICLE 6 9/27/90
(SD SPECIAL DISTRICTS) - PROVIDE FOR
INTENT, EFFECT AND EXCEPTIONS.
49. FIRST READING ORDINANCE: AMEND 11000 ORDINANCE 137 -138
ATLAS - APPLY PROPOSED SD -20 EDGEWATER FIRST READING
OVERLAY DISTRICT TO AREA BOUNDED BY 9/27/90
N.E. 2 AVENUE AND BISCAYNE BAY, N.E. 20
STREET TO N. E. 36 STREET, AND AREA
BOUNDED BY N.E. 2 AVENUE AND BISCAYNE
BOULEVARD FROM N.E. 17 TERRACE TO N.E.
20 STREET - RETAIN UNDERLYING ZONING
DISTRICT CLASSIFICATIONS.
50. DISCUSSION CONCERNING CITY OF MIAMI FY M 90 -733
1990 -91 BUDGET: DIRECT MANAGER TO 9/27/90
ENSURE THAT WITHIN 120 DAYS FROM
OCTOBER 1, 1990, THERE WILL BE A FULL
FIRST LINE RESCUE UNIT ASSIGNED TO FIRE
STATION NO. 4 - DIRECT MANAGER TO STUDY
NORTHEAST (HAITIAN) AREA OF EDGEWATER
TO DETERMINE WHETHER ADEQUATE LIFE CARE
SERVICES EXIST. (Discussion
momentarily deferred to consider PZ-
24). (See labels 52 and 54)
51. BRIEF COMMENTS REQUESTING A SHOW OF DISCUSSION 153
HANDS IN OBJECTION TO CONSIDERATION OF 9/27/90
PZ -24 - OBJECTORS PRESENT (Item tabled
until later this same date - ultimately
continued to October 25th) (See label
53A).
138 -153
52. (A) (Continued discussion concerning
City's FY'90 -91 Budget): STIPULATE, IN
PRINCIPLE, THAT TAKE -HOME CITY CARS AND
CAR ALLOWANCES WILL ONLY BE ALLOCATED
TO EMPLOYEES WHO RESIDE WITHIN CITY
LIMITS - STIPULATE ACTION TO BE
FORMALIZED AT NEXT COMMISSION MEETING.
(B) INSTRUCT MANAGER TO IDENTIFY
FUNDING SOURCE FOR PROVISION OF 50
CIVILIAN EMPLOYEES TO POLICE DEPARTMENT
SO THAT POLICE CHIEF MAY REPLACE AN
EQUAL NUMBER OF SWORN POLICE OFFICERS
WHO WOULD BE RELEASED FOR STREET DUTY.
(C) ACCEPT PROPOSED BUDGET FOR
INTERNATIONAL TRADE BOARD FOR FISCAL
YEAR 1990 -91, WITH PROVISOS. (See
labels 50 and 54)
53. (A)CONTINUE PROPOSED ISSUANCE OF MAJOR
USE SPECIAL PERMIT DESIGNATING 2127
BRICKELL AVENUE AS A PLANNED
DEVELOPMENT OVERLAY DISTRICT,
INCORPORATING HERITAGE CONSERVATION
BOARD RESOLUTION 90 -23, PER CITY CODE
PERTAINING TO ENVIRONMENTAL
PRESERVATION DISTRICT (37 -7 (to
Planning and Zoning Meeting presently
scheduled for October 25th - see label
51).
(B)CONTINUE PROPOSED SECOND READING
ORDINANCE AMENDING 11000 ZONING ATLAS
FROM: (a) R -4 MULTI FAMILY HIGH DENSITY
RESIDENTIAL FOR 596 N.W. 49 AVENUE AND
(b) R -2 TWO FAMILY RESIDENTIAL FROM
4901 N.W. 5 STREET, TO C -1 RESTRICTED
COMMERCIAL (to Planning and Zoning
meeting presently scheduled for October
25th).
54. (Continued discussion concerning City's
FY'90 -91 Budget): DIRECT MANAGER TO
OPERATE PEPPER FOUNTAIN IN BAYFRONT
PARK UP TO FOUR HOURS A DAY
($210,249) - DIRECT MANAGER TO IDENTIFY
A SIMILAR AMOUNT TO BE ALLOCATED TO THE
MOST NEEDY INNER CITY PARKS. (See
labels 50 and 52)
55. SECOND READING ORDINANCE: DEFINE AND
DESIGNATE TERRITORIAL LIMITS OF THE
CITY OF MIAMI - FIX MILLAGE AND LEVY
TAXES FOR FY OCTOBER 1, 1990 -
SEPTEMBER 30, 1991.
56. SECOND READING ORDINANCE: MAKE
APPROPRIATIONS FOR FY ENDING SEPTEMBER
30, 1991 (CITY OF MIAMI).
57. AUTHORIZE ISSUANCE OF CITY OF MIAMI TAX
ANTICIPATION NOTES, SERIES 1990
($15,000,000), TO MEET CASH FLOW
REQUIREMENTS FOR FISCAL YEAR ENDING
SEPTEMBER 30, 1991.
58. BRIEF COMMENTS BY COMMISSIONER PLUMMER
COMMENDING THE ADMINISTRATION FOR ITS
HARD WORK AND DEDICATION DURING
PREPARATION OF THE FY 1990 -91 BUDGET.
M 90 -734
M 90 -735
M 90 -736
9/27/90
DISCUSSION
9/27/90
M 90 -737
9/27/90
ORDINANCE
10793
9/27/90
ORDINANCE
10794
9/27/90
R 90 -738
9/27/90
DISCUSSION
9/27/90
154 -173
173 -174
175 -183
183 -184
184 -185
185 -187
187
59. (Continued Discussion) REVERSE ZONING R 90 -739
BOARD'S DECISION TO UPHOLD PLANNING 9/27/90
DIRECTOR'S GRANTING OF SPECIAL
EXCEPTION TO ALLOW MEALS (HOMELESS
FEEDING) TO BE SERVED FREE AT A HOUSE
OF WORSHIP (CHURCH) WITH AN ASSEMBLY
HALL, WHEN LOCATED IN CR -1 ZONING
DISTRICT (See label 8).
60. APPROVE FISCAL 1990 -91 ADMINISTRATIVE R 90 -740
BUDGET OF THE MIAMI SPORTS AND 9/27/90
EXHIBITION AUTHORITY.
62. SECOND READING ORDINANCE: MAKE ORDINANCE 198
APPROPRIATIONS FROM THE DOWNTOWN 10796.
DEVELOPMENT DISTRICT AD VALOREM TAX 9/27/90
LEVY AND OTHER MISCELLANEOUS INCOME FOR
THE DOWNTOWN DEVELOPMENT AUTHORITY OF
THE CITY OF MIAMI FOR FY ENDING
SEPTEMBER 30, 1991 - TO BE ALLOCATED ON
A ONE -SIXTH BASIS.
63. APPROVE ANNUAL BUDGET OF DEPARTMENT OF R 90 -741
OFF- STREET PARKING FOR FISCAL YEAR 9/27/90
OCTOBER 1, 1990 - SEPTEMBER 30, 1991 -
TO BE ALLOCATED ON A ONE SIXTH BASIS.
64. CONTINUE ALL ITEMS NOT TAKEN UP AT THIS M 90 -742
MEETING TO THE PLANNING AND ZONING 9/27/90
MEETING SCHEDULED FOR OCTOBER 25TH.
187 -195
195-196
61. SECOND READING ORDINANCE: DEFINE AND ORDINANCE 196 -198
DESIGNATE TERRITORIAL LIMITS OF THE 10795
DOWNTOWN DEVELOPMENT DISTRICT - FIX 9/27/90
MILLAGE AND LEVY TAXES FOR FY OCTOBER
1, 1990 - SEPTEMBER 30, 1991.
199 -200
200 -201
ALSO PRESENT:
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
* * * * *
On the 27th day of September , 1990, the City Commission of Miami,
Florida, met at its regular meeting place in the City Hall, 3500 Pan American
Drive, Miami, Florida in regular session.
The meeting was called to order at 9:08 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
Cesar Odio, City Manager
Jorge L. Fernandez, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez. Vice Mayor Dawkins then
led those present in a pledge of allegiance to the flag.
1. CLAIM SETTLEMENT: EVELYN ROVELLO BERNARD ($60,000).
Mayor Suarez: Item 1, Director of Finance.
Mr. Jorge Fernandez: Item one? It's actually an item from the Law Department
where we're asking your...
Mayor Suarez: OK.
Mr. Fernandez: ...authority to settle a lawsuit. Facts have been set out
in...
Commissioner Plummer: Which lawsuit?
Mr. Fernandez: This is the case of Rovelo...
Mayor Suarez: He's starting.
Mr. Fernandez: ...Bernard versus City of Miami.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Fernandez: A case where a police officer negligently discharged a firearm
injuring, shooting the arm a bystander.
Vice Mayor Dawkins: And that's worth $60,000?
Commissioner Plummer: How much? Well, Mr. Mayor...
Mayor Suarez: Commissioner Plummer.
Commissioner Plummer: How much is the amount?
Mr. Fernandez: $60,000.
Commissioner Plummer: And, did you delineate, did the man lose his arm, did
he lose use of the arm and to what percentage?
1
September 27, 1990
Mr. Fernandez: Yes, all of that is set out in the memo. The young lady did
not lose her arm. The young lady was in the hospital for...
Commissioner Plummer: How much was her medical bills, total?
Mr. Fernandez: Her medical bill, total, were over $5,000 and it's ongoing
treatment. She's receiving psychiatric treatment, she lost her job, she had a
series of complications.
Commissioner Plummer: Do you recommend it?
Mr. Fernandez: Yes, I certainly do.
Commissioner. Plummer: I move it.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. As long as we got that much on the record, may as
well ask one follow up question. What was the percentage disability on the
arm, if that was germane?
Mr. Fernandez: Yes.
Commissioner Plummer: What is it?
Mr. Fernandez: I believe it was a ten percent.
Mayor Suarez: And how old a person is she?
Mr. Fernandez: In her late twenties.
Mayor Suarez: OK, we have a motion and a second. Any further discussion?
Commissioner Plummer: Mr. Mayor, I want to discuss another issue that we
brought up at the last meeting, but not pertaining directly to this question.
Mayor Suarez: All right. Call the roll on that item.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES:
NOES: None.
ABSENT: None.
• •
RESOLUTION NO. 90 -714
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO EVELYN ROVELLO BERNARD, WITHOUT ADMISSION OF
LIABILITY, THE SUM OF $60,000 IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI UPON THE EXECUTION OF A RELEASE
RELEASING THE CITY OF MIAMI FROM ANY AND ALL CLAIMS
AND DEMANDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
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September 27, 1990
Commissioner Plummer: A lawsuit today is a million dollars without even
batting an eye.
2. (A) DISCUSSION IN CONNECTION WITH ACCIDENT AT THE SHRIMPING VILLAGE
CONCERNING POTENTIAL LIABILITY TO THE CITY - REQUEST REPORT FROM
ADMINISTRATION ON FEASIBILITY OF CHARGING, LICENSING, AND
LIABILITY INSURANCE FROM COMMERCIAL ESTABLISHMENTS IN THE AREA.
(B) DISCUSSION IN CONNECTION WITH PROPOSED LIABILITY SETTLEMENT
CONCERNING A RESIDENT FROM FISHER ISLAND - CITY COMMISSIONER
REFUSES TO ACCEPT PROPOSAL FOR SETTLEMENT AND INSTRUCTS CITY
ATTORNEY TO INSTITUTE LEGAL PROCEEDINGS.
Mayor Suarez: Commissioner Plummer.
Commissioner Plummer: Mr. Mayor, I want to get back, you will recall that you
and I made comment to the City Attorney in reference to that case over at the
Shrimping Village trying to settle that out for $24,999. That brought about
other concerns in my mind - and this is to the Manager, as well as the City
Attorney - it was said that we are liable or possibly liable because we're the
owner of the property and this woman tripped on a dock that belonged to us.
Now, Mr. Manager, at the last meeting, you talked about closing Virginia Key
and that you were not concerned or what you didn't feel that liability was a
problem, if you had lifeguards gone from there for nine months out of the
year. I'm also concerned, and I've never been concerned before, about the
shrimpers who use that area over there at all times, to my knowledge, free of
charge, and have not given the City any kind of a liability insurance keeping
us from lawsuits. I'm just over concerned, I guess, that those particular
areas, if, in fact, this case happened here, and it's because it's our
property, that we seem to be liable, even through she was not invited guest,
there was nothing to do. It would seem like to me that on the Virginia Beach,
without lifeguards, and the Shrimping Village that operate commercial vehicles
out of there, that the potential liability of this City has got to be
tremendous if this other lawsuit is in order.
Mayor Suarez: If it's a commercial operation with a certain amount of
organization to it and method to it, we should be figuring out a way to
license and charge for it.
Commissioner Plummer: You're absolutely correct, but...
Mayor Suarez: And include in that, of course, indemnification insurance.
Commissioner Plummer: ...I am concerned about the liability. If this woman
tripped on the dock where those shrimpers are, the potential of a commercial
operation has got to be a bigger potential liability. The use of the beach,
which we own, it's our beach, and without lifeguards there, I am just
concerned this City is laying itself wide open. I leave that to you.
Mayor Suarez: Would you re...
Commissioner Plummer: I would hope...
Mayor Suarez: Yes, would you report back to the Commission on a feasibility
of charging and licensing and possibly getting indemnification from anyone
who's using that for a commercial operation certainly.
Commissioner Plummer: Mr. Mayor, finally, I don't want on the record, I am
not interested, I'm not concerned as much about the revenue, as far as the
rent is concerned, as I am the liability.
Mayor Suarez: Right.
Mayor Suarez: Yes, somebody is profiting from the use of City property for
commercial purposes, the least we could get is some kind of indemnification or
assurance that they have insurance.
Commissioner Plummer: The other area of - Mr. City Attorney, you were to
report back to this Commission...
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September 27, 1990
Mr. Fernandez: Yes, sir. Yes.
Commissioner Plummer: ...about that particular case of the woman from Fisher
Island.
Mr. Fernandez: Yes.
Commissioner Plummer: Who walked out on the dock, stumbled and fell, and now
we're being recommended to give her $25,000.
Mr. Fernandez: Correct. Attorneys from my office have contacted each of you
or your office staff and explained to them the issues involved here. This is
a clear case of liability on the part of the City because we have consented to
the Fisher Island developer to use these facilities or the land that the City
owns, to embark and disembark their crews and their employees and many of the
materials that were used in the construction there. As much as I researched
into City records to find if we had at any time entered into any agreement
with them where they would assume the liability for their use of Virginia Key,
I could not find such. In the absence of an agreement where we transfer
liability to them, liability remains with us completely because it...
Mayor Suarez: But, but that is as to a pending claim. But we have an ongoing
discussion with Fisher Island, I believe, as to their right to use that
property and not having paid us for all these years, I would hope that you
would be creative in getting them to cover this particular case entirely, even
though it may or may not have had a legal obligation to do so in the past, if
they want to have an ongoing relationship with us. If they want to use some
other land somewhere else, that's another problem. I think that was our
concern.
Mr. Fernandez: I've... fine.
Mayor Suarez: These people are not even paying us.
Mr. Fernandez: I was not aware that we were having those ongoing discussions.
Mayor Suarez: Well, then you guys got to talk to each other.
Commissioner Plummer: We got $25,000 to pay because we were good guys.
Mayor Suarez: That's not before us, is it, Mr. City Attorney, this morning?
Commissioner Plummer: No. Well, it's - no, no...
Mayor Suarez: OK, I've not been visited by your...
Mr. Fernandez: That item did not come to you officially because that item, as
stated, is less than $25,000. I still consult all of you in settling cases
for less than twenty -five unofficially.
Mayor Suarez: OK. All right, but you have my response, and I think you
Commissioner Plummer's to the effect that we don't want that settled. I don't
want that paid, for myself, and I'm not ready to approve it. Is that
understood?
Commissioner Plummer: I, likewise, object. Go to court.
Mayor Suarez: Try it.
Commissioner Plummer: And you'd better not lose.
Mr. Fernandez: Well, gentlemen, I think that you're really not addressing the
issue here. The issue is trying to...
Mayor Suarez: Mr. City Attorney, is this matter before us today?
Mr. Fernandez: No, it is not, sir.
Mayor Suarez: Is it clear enough that we don't - I, for myself, don't approve
a settlement. If you want to submit it to us and see if you can get three
votes, you can do that, but we don't have it before us today. I've expressed
4
September 27, 1990
to you some concerns about it. You said you didn't know about the fact that
we have ongoing negotiations with Fisher Island. It's been clarified to you
that we do. Try to work it out so we don't have to pay anything on something
that people have been using our facility. People who live in a rather
expensive island like Fisher Island, now we're expected to pay for what seems
to me to be their negligence, not ours.
Mr. Fernandez: Mr. Mayor.
Mayor Suarez: We haven't been receiving any, I don't think, Commissioner De
Yurre, yet, for the use of our facility.
Commissioner Plummer: Well, on McArthur Causeway, we do.
Mr. Fernandez: On McArthur Causeway, you have.
Commissioner De Yurre: No, I'm talking about the other one.
Commissioner Plummer: That, we do. We negotiated that out.
Commissioner De Yurre: The one on Virginia Key. How about the one on
Virginia Key?
Commissioner Plummer: Virginia Key, they're no longer using it, Victor. OK.
They were using it originally because they didn't have the ferry service in
and they were shuttling materials and people over from the shrimp house.
Commissioner De Yurre: Even when the ferry service has been in use, they have
still kept using the other because I've seen it.
Commissioner Plummer: For a very short time, they did. I don't think they
are now.
Commissioner De Yurre: OK.
Mayor Suarez: I would like, by the way, that report from your attorney
handling this, for myself, to make up my mind on it by the time you get ready
to submit it to us for final approval.
3. BRIEF COMMENTS CONCERNING - PROPOSAL TO CHANGE NAME OF THE LATIN QUARTER
REVIEW BOARD (See label 28).
Mayor Suarez: OK, anything further on that? If not, item 2.
Mr. Willie Bermello: Mr. Mayor.
Mayor Suarez: Yes, Willie.
Mr. Bermello: Willie Bermello. Mr. Mayor, it is my understanding that
there's an item regarding the Latin Quarter coming before the Commission at
2:00 o'clock, this afternoon, and originally I had been told that it was going
to be held at 9:00 o'clock this morning. I have been asked by the Latin
Quarter Merchants Association to serve as their spokesman. Unfortunately, I
cannot be here at 2:00 o'clock and...
Mayor Suarez: Are we talking about an item having to do with the name or are
we talking about an item having to do with the specialty center...
Mr. Bermello: Having to do with the....
Mayor Suarez: ...acquiring it as quickly as possible and getting going on it?
Mr. Bermello: ...with the name. With the name.
Commissioner Alonso: In any other situation, I will not have any objection.
This is a pocket item that I'm going to present, but, I'm sorry, but we have
given the impression to the community that it is going to be discussed in the
afternoon and I'm sorry, but I cannot take it at this time.
5
September 27, 1990
•
Mr. Bermello: No, I'm not suggesting that it be taken at this time.
Mayor Suarez: The Commissioner's request will be to hear it at 2:00 p.m. and
we'll abide by that. But if you want to make a statement, probably what you
ought to do, Willie, is have somebody else from the Latin Quarter Association
be present to express their views at 2:00 o'clock.
Mr. Bermello: Well, they've asked Willie Gort and myself to be here and,
unfortunately, I cannot be here exactly at 2:00 o'clock.
Mayor Suarez: Well, we take notice of your being here and, presumably,
wanting to what? -keep the name the same? -is that the...
Mr. Bermello: Yes, sir.
Mayor Suarez: All right, thank you.
Mr. Bermello: I IThink it would be an affront to the rest of the community to
change it. Thank you.
Mayor Suarez: Any question from any Commissioners on that before he leaves?
If not...
4. INSTRUCT CITY ATTORNEY TO PARTICIPATE AS AMICUS CURIAE IN THE CASE OF
GENE MCNARY, COMMISSIONER OF IMMIGRATION AND NATURALIZATION, ET AL V.
HAITIAN REFUGEE CENTER, INC., ET AL (U.S. Supreme Court Case No. 89-
1332).
Mayor Suarez: Item 2.
• •
Mr. Jorge Fernandez: This is also an item from my office. If each of you
remembers approximately two weeks ago, I contacted each of you individually to
consult with you in the issue of whether the City should join amicus in a
brief being filed on behalf of Haitian refugees. The style of the case is the
Haitian center versus the Commissioner of Immigration. And by filing this
amicus brief joining the Haitian community and the agricultural workers, the
City has, of course, not incurred any expense, simply you have identified
yourselves with a plight of these immigrants whose achieving a status in this
country is being unduly delayed by the bureaucracy of the Immigration and
Naturalization system.
Mayor Suarez: Does any Commissioner have any questions about the amicus
curiae brief? OK, thank you, Mr. City Attorney.
Mr. Fernandez: I need a vote on that, sir.
Commissioner De Yurre: Move it.
Commissioner Alonso: Second.
Mayor Suarez: I'll entertain a motion on that. Moved and 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 -715
A RESOLUTION INSTRUCTING THE CITY ATTORNEY TO
PARTICIPATE AS AMICUS CURIAE IN THE CASE OF GENE
MCNARY, COMMISSIONER OF IMMIGRATION AND
NATURALIZATION, ET AL. V. HAITIAN REFUGEE CENTER,
INC., ET AL., UNITED STATES SUPREME COURT CASE NO. 89-
1332.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
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September 27, 1990
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES:
NOES: None.
ABSENT: None.
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
5. DISCUSS AND TEMPORARILY TABLE PROPOSED AWARD OF BID TO PIPING HOT
CATERERS, INC. - FOR FURNISHING MEALS AT DAY CARE AND PRE - SCHOOL CENTERS
(See label 27).
Mayor Suarez: Item three.
Commissioner Alonso: Yes, Mr. Mayor, if I may...
Mayor Suarez: Oh, Commissioner Alonso.
Commissioner Alonso: I have two pocket items I'd like to bring. The first
one is in reference to a resolution for award of a bid, child day care fund,
'91, and I was told that unless we make a decision today, we run the risk of
losing the funds that have to be awarded for a food program. And we are going
to be reimbursed a hundred percent of the cost and...
Mayor Suarez: Is it state funds?
Commissioner Alonso: It's - yes.
Commissioner De Yurre: Well, what is it?
Mayor Suarez: Can somebody tell us exactly what it is...
Commissioner Alonso: This is terrific.
Mayor Suarez: ...in terms of the City's involvement in it? Are we just
acting as a conduit for funds or what?
Mr. Kevin Smith: We are given funds by the State of Florida to provide
services for meals for the day care centers. The bid process went through and
came back. The bid opening was on September 17th and we were following the
process to get this through, trying to get it on the agenda for next month.
Commissioner Alonso: They told me that unless we have it approved - and it's
been sitting for sometime - we lose the risk of losing the funds.
Mr. Smith: No, that isn't correct. It hasn't been sitting that long. The
bid opening was just on the 17th of September, so we just are now getting it
through.
Commissioner Alonso: Why was that brought to my attention with the request of
a pocket item then?
Mayor Suarez: Somebody from the administration?
Mr. Smith: We were just following the regular procedures.
Commissioner Alonso: Do you have any objections that we take this at this
time?
Mr. Smith: No, no.
Mr. Odio: I'll deal with the other matter separate. That's fine.
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September 27, 1990
Commissioner Alonso: Are you in favor of this?
Mr. 0dio: Yes. The only...
Commissioner De Yurre: Do we have an emergency or not?
Mr. Smith: The process is that it would be the next agenda, or next regular
Commission agenda item.
Commissioner Plummer: I don't think that's really the question. The
Commissioner has stated that if we don't act today, we're going to lose it.
Is that the case? I mean, that's the real crux, as I see it.
Commissioner Alonso: Sure.
Mr. Smith: I don't believe that's the case.
Commissioner Alonso: Are you certain?
Mr. Smith: Well, we've had this...
Commissioner Alonso: Why don't we table this and...
Mayor Suarez: Table the item. Table the item.
Commissioner Alonso: ...then we come back in the afternoon? All right? Be
here.
Mr. Smith: OK.
Mayor Suarez: Be absolutely sure that we're not going to lose any funds from
not acting today, please.
Mr. Smith: I will get it for you.
Mayor Suarez: The other item, Commissioner.
AT THIS POINT, THIS ITEM WAS TABLED.
• •
8
September 27, 1990
Mayor Suarez: Oh....
6. (A) RESCHEDULE FIRST CITY COMMISSION MEETING IN OCTOBER TO TAKE PLACE
ON THE 18TH.
(B) DIRECT ADMINISTRATION TO SCHEDULE ON NEXT COMMISSION MEETING
AGENDA: (a) UPDATE ON DINNER KEY BOATYARD (MERRILL - STEVENS); AND
(b) RECOMMENDATIONS BY THE WATERFRONT ADVISORY BOARD CONCERNING
THE FINANCIAL AND OPERATIONAL STATUS OF THE CITY'S MARINAS.
(C) BRIEF COMMENTS CONCERNING PROBLEMS CONCERNING THE MIAMI RIVER.
Commissioner Alonso: And, Mr. Mayor, the other item is the City of Miami
Waterfront Advisory Board.
Commissioner Alonso: That would like to discuss certain items and they
brought to me a resolution and I promised to them I was going to invite to
discuss this with us even though there are certain items that I think we
should hear rather than the resolution. I think it should be a matter of
discussion.
Mayor Suarez: OK, at least as a matter of discussion and with the implication
that we ought to hear on this before too much longer at the request of
Commissioner Alonso.
Commissioner Plummer: On this Waterfront Board. Al. Ruder.
Commissioner Alonso: I do believe that all of you have a copy.
Commissioner Plummer: You got an extra copy of that?
Mayor Suarez: We may or may not be able to act on a resolution, but if you
guys want to tell us that there's something amiss, something "rotten in
Denmark" or elsewhere...
Mr. Hugh Padrick: Well, I don't believe there's anything that rotten that we
need to get that concerned, but...
Mayor Suarez: Oh, in Denmark there may be.
Mr. Padrick: There may be in Denmark, right. We have a resolution that we're
requesting that you consider. It concerns the management and running of the
Dinner Key Marina. There are twelve items that we're requesting you to
consider. You have them before you.
Mayor Suarez: Dinner Key Marina. Our own, back here?
Mr. Padrick: Our own back yard, yes, um hum.
Mayor Suarez: Twelve items.
Mr. Padrick: Twelve items that need to be addressed after a...
Mayor Suarez: What is the general thrust of the problem, Hugh?
Mr. Padrick: Management of the marina needs to be looked at. There are some
items such as the sub- metering of the electricity was a concern, some parking
problems....
Mayor Suarez: Sub - metering, is that what you're saying?
Mr. Padrick: The sub - metering of electricity.
Mayor Suarez: Is that the same as the individual metering for...
Mr. Padrick: Yes, uh huh, yes.
Commissioner Alonso: That's what it is, yes.
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September 27, 1990
410 410
Mr. Padrick: We were concerned after a long study on it, that the Waterfront
Board did, that the electrical meters that are currently out there are not.
reliable. They're not truthful sometimes. There's also the problem...
Mayor Suarez: Are they provided by the power company or by us or by the
boater, or by whom?
Mr. Padrick: They were supplied by a private concern that went out on bid.
Vice Mayor Dawkins: I got one question.
Mayor Suarez: Vice Mayor Dawkins.
Vice Mayor Dawkins: I got one question. You guys have been to everybody up
here at this Commission. Now, all of a sudden, you're up here with
something - for what? Now, you've been in my office, you've been in
everybody's office. Now, all of a sudden, you come up here with some rules
and regulations and something... You know, I mean, it's unfair to me. Very
unfair to bring me this, after having been in my office for five years
discussing what is good and bad for this marina, and then you all come up here
with this.
Mr. Padrick: Well, we have tried since May, since we passed on this, to get
on the agenda to talk to you all about it.
Vice Mayor Dawkins: No, you... Did you come talk to us about it?
Mr. Padrick: We were in your office yesterday...
Vice Mayor Dawkins: All right, and then, at that time, you could get no
consideration and no nothing that you just had to bring this here today to get
it concerned. Is that what you're telling me?
Mr. Padrick: You want to take the
Vice Mayor Dawkins: Yes, sir, anybody I don't care who say it.
Mr. 0dio: Mr. Mayor, I met with them...
Mayor Suarez: And we've all met with them...
Vice Mayor Dawkins: No, wait a minute, hold it...
Mayor Suarez: The Vice Mayor is saying that we've all met with them. We were
not sure why they all of a sudden want to be on the agenda.
Vice Mayor Dawkins: I don't want nothing from you. I want from them.
Mayor Suarez: And we didn't hear that from them. Maybe - go ahead, Frank.
Mr. Frank Albritton: Commissioner - Frank Albritton, Waterfront Board.
Commissioner, the reason why is that we have been frustrated and absolutely
feel that we've had road blocks in trying to address these issues.
Vice Mayor Dawkins: Who put the road blocks in your way?
Mr. Albritton: The administration. Our administrative officials - we have
talked, see the problem is, we have tried to get this on... The reason why it
was today because we have been discussing this at our Waterfront Board
meetings for the last five months and say, if there...
Mayor Suarez: But, Frank, the administration does not get you on the agenda.
Any one of the Commissioners can get you on the agenda.
Mr. Albritton: Well...
Vice Mayor Dawkins: And, out of respect to the Commission, I could call the
rule and this can't even be discussed.
Mr. Albritton: That's...
10
September 27, 1990
bad...
Vice Mayor Dawkins: See, and you know this. I don't understand why you guys
are doing this. I really... I mean, and I wish you would explain to me why
you're doing it.
Mr. Albritton: Well, there's a lot of things that I really... The details, I
don't think it would be appropriate in a public... We've had a lot of problems
in trying to just achieve this.
Commissioner Alonso: May I interrupt...
Vice Mayor Dawkins: Beginning with the bathrooms, we've been after that. OK?
Everybody up here you've discussed it with.
Mr. Albritton: Right.
Vice Mayor Dawkins: The parking, you've discussed it with everyone of us up
here, OK?
Mr. Albritton: Right.
Vice Mayor Dawkins: The docking of... The people who put the boats in the
water have no place to put their boats. We've discussed that. And I just
don't see, for the life of me, why you have not been back and say, hey,
Miller, or Mr. Mayor, or Plummer, or De Yurre, we are fed up with this and
we're going to see that somebody bring this up as a pocket item. I just don't
understand that.
Mayor Suarez: OK, Commissioner Alonso.
Commissioner Alonso: Yes, I requested - they came to my office, we requested,
we sent a memo to the administration and we requested, on their behalf, to be
placed on the agenda. I was told with plenty of time, I was told that there
was a mistake within the system somehow, and they were not placed in the
agenda and I have the memos to prove that that was done. They came and
requested that from me and I placed it in the regular agenda and, for some
reason, they were not included in the regular agenda. That's the reason they
came to me. Also, I want to state for the record, that they told me that they
have gone to every member of this Commission and explained to them. I also
inquired about the resolution, and I say, has it been shown to the members of
the Commission? And I was given the impression that, yes, that they had seen
this and that they had a copy of this. Because I told all of you that I feel
Mr. Albritton: That's correct.
Commissioner Alonso: ...when something comes to me in the middle of a
discussion at the Commission and I have no idea what is the content. I was
assured by you people that they had a copy. Did they get the copy or didn't
they?
Mr. Albritton: Yes. Commissioner...
UNIDENTIFIED SPEAKER: Dawkins, you didn't get a copy of that?
Mayor Suarez: I'm also a little bit confused—
Commissioner Commissioner Plummer: Well, can I make a statement?
Mayor Suarez: If I may just say something, Commissioner Plummer. I'm also a
little confused because it seems like we've met with you enough, but - many
times recently - but not on these issues, Frank. Maybe I'm missing something.
Maybe - and I don't think I've seen the resolution up to now, although it may
be somewhere in the bowels of my office.
UNIDENTIFIED SPEAKER: I delivered two to his office.
Mayor Suarez: By the way, at some point, Mr. Manager, I'm going to want to
ask who is managing Dinner Key Marina? It seems like there's a revolving door
there and one never knows for sure from day to day.
Mr. Odio: There's no revolving door.
11 September 27, 1990
Commissioner Alonso: Yes.
Mayor Suarez: No revolving door. You're going to try to convince me of that.
But I didn't want to ask it because I interrupted Commissioner Plummer. I'll
ask in a second.
Commissioner Plummer: You know, this is the kind of a thing that should be a
public hearing and all of the public hearings have to be scheduled and if what
you're here today is asking that this be scheduled for a public hearing at one
of the two meetings in October, that's fine. But not to go into discussion of
the issues here today. Merely to set a date for a public hearing in October
and I would - Madam Commissioner, you want to set the date, the meeting, is
fine with me...
Commissioner Plummer: ...but to go into this item today without the public
and those people directly involved, I think is wrong.
Commissioner Alonso: I think that I'd like to ask a few questions from them.
It is my understanding that after the last time you were in my office, you
also met with the administration and, as I was told, you had agreed in most of
the items and there are some, very few, that you have some sort of
disagreement. Is that correct?
UNIDENTIFIED SPEAKER: Yes.
Mr. Albritton: I was only there part of the meeting, but Commissioner Alonso,
it's one thing to understand that the City Manager is saying that he met with
us. That meeting, we have been trying, for a long time, with his various....
Mr. 0dio: That's not true. You never tried to meet with me. Don't come up
here and say it, well you're not...
Mr. Albritton: Well, I'm going to come up here and tell you, that's the way
it was. Now, whether your someone told you or not, that's...
Mr. Odio: You want me to tell you in another language that you're not telling
the truth?
Mayor Suarez: OK, we can use whatever language we want. The problem, at this
point, Commissioners and Mr. Manager, is to schedule this with plenty of time
to have it resolved by the Commission...
Vice Mayor Dawkins: The Commission has asked that this be scheduled as a
public, and I concur with her...
UNIDENTIFIED SPEAKER: Correct.
Commissioner Alonso: Yes.
Vice Mayor Dawkins: ...when she set it up and I'll second the motion.
Mr. Padrick: To answer Mrs. Alonso's question, yes, we did have a meeting
with the Manager at 2:00 o'clock Tuesday afternoon, was it? - Tuesday or
Wednesday...
Commissioner Alonso: Yes.
Mr. Padrick: ...and it was an impromptu meeting. Fortunately, most of us
from the Waterfront Board were able to make it. And we hope that, in clearing
the air and meeting with the Manager, in the future, that we'll be, you know,
an ongoing dialogue.
Commissioner Alonso: Better lines of communication.
Mr. Padrick: Yes.
Mayor Suarez: There we go.
Mr. Padrick: But we're here today, after this meeting with the Manager,
happened after we had already spoken with you. Some members had spoken with
you and asked you to help us. We're asking to get on the agenda, you know,
and we've had problems getting on the agenda.
12
September 27, 1990
Mayor Suarez: We'll schedule you for the first meeting in October if
everybody has no objections up here.
Vice Mayor Dawkins: It was moved by Commissioner Alonso that it be scheduled
for that meeting.
Commissioner Alonso: Yes.
Mayor Suarez: Seconded.
Mr. Padrick: And, as far as the notification of this, this was given to each
of your offices on September the 12th by the chairman of the Waterfront Board.
It was hand delivered.
Mayor Suarez: I guess part of the problem too, Hugh, is that, as Vice Mayor
Dawkins expressed it, we have dealt with you on so many issues, that sometimes
it's difficult for me, at least, to know which is the most pressing one. I
was not aware of this being the most pressing one, possibly. And...
Commissioner Alonso: I think this is a combination of all of the problems
that they are facing in one...
Mr. Padrick: Yes.
Mr. Albritton: Correct.
Mayor Suarez: Maybe there's more than one here and maybe we ought to have a
full fledged hearing. And you're a City board. You have a special right to
be heard before the Commission on any concerns. And don't hesitate to
exercise it.
Mr. Padrick: Well, we've asked, several times, at our meeting, how do we get
on the board and the representative from the Manager's office has told us, all
you got to do is tell us that we want to be there and we'll be there. Well,
we've done that, and over and over and - yes.
Mayor Suarez: For a City board, that should be enough, but if you want to be
absolutely sure, send a written request to the City Clerk or to any of the
members of this Commission or to the City Manager and it will get you there.
Just for my...
Commissioner Plummer: Can we get an update on Dinner Key Boat Yard?
Mr. Jorge Fernandez: Yes, you have been receiving, on a weekly basis, you,
your offices, a weekly update from my office keeping you posted on the
progress we're making.
Vice Mayor Dawkins: I call the rule.
Mayor Suarez: OK, are we talking about Merrill- Stevens now?
Commissioner Plummer: Yes, I'm just asking for an update.
Vice Mayor Dawkins: I call the rule. I don't want J.L. Plummer to hear that.
Mayor Suarez: He just wants a status report. We've been receiving those.
Mr. Fernandez: We're ready to proceed to trial. We're waiting...
Commissioner Plummer: Yes, but you know what my problem? I get from the City
Attorney a document that's this much writing and this much telling me that
it's not public information and then one line down at the bottom saying, we're
still working on it.
Mr. Fernandez: For the last two weeks...
Mayor Suarez: There's a rather large...
Commissioner Plummer: Could I have a factual, what's happening? I mean, have
you kicked the bad guy out? Are you receiving the rents?
13
September 27, 1990
Mr. Fernandez: No.
Commissioner Plummer: Well, why not?
Mr. Fernandez: Because you live in a society of law and order where there is
a judicial...
Commissioner Plummer: I'm beginning to wonder seriously about that.
Mr. Fernandez: Well, you know, we can use the old western style.
Mayor Suarez: What about the money that was on deposit. Has all of that been
used?
Mr. 0dio: Well, yes, but the problem is, he's in violation because he had to
replace the money in a certain period of time. He didn't. He's in violation
on that...
Mayor Suarez: But, have we at least appropriated that money?
Mr. Odio: Oh, yes.
Mayor Suarez: What is it? -a hundred thousand dollars?
Mr. Fernandez: Yes.
Commissioner Plummer: We've used it four different ways. The thing that
really bothers me and in my craw...
Mr. Odio: Me too.
Commissioner Plummer: ...is the fact that he's collecting rents from the
people that are there from what I'm told, and putting it in his pocket. Now,
is that a true statement?
Mr. Odio: Yes.
Commissioner Plummer: And we're not doing anything about it?
Mr. Odio: Yes.
Commissioner Plummer: What?
Mr. Odio: The only thing that you can do about it, is to take him to court
and throw him out.
Mr. Fernandez: And evict him.
Commissioner Plummer: Did we ask that a receiver be named and that the
receiver hold the monies until it's determined?
Mayor Suarez: Can we at least get a special master or somebody to hold all
the monies that he's...
Mr. Fernandez: We have looked into those special remedies and because we're
proceeding under a speedy process through the Circuit Court, it is...
Commissioner De Yurre: Real speedy.
Mr. Fernandez: Well, you know, it's like nobody's fault that Judge
Weatherington left and Klein took his place and Judge Silver was called out of
retirement to take over Klein's calendar and those of you who are members of
the bar in this Commission, you know that when you get assigned to a section
in the Circuit Court, you have to stay there. We have asked, we write, almost
on a weekly basis letters to the chief judge pressing upon him the fact that
this a matter of great urgency for the City of Miami for him to proceed and
set this case for trial. It's ready for trial.
Mayor Suarez: There's no trial date, is there?
Mr. Fernandez: Not yet.
14
September 27, 1990
Mayor Suarez: Vice Mayor Dawkins. All right...
Commissioner Plummer: Wait a minute. Let me just ask a final question. Have
we tried to attach anything he owns? -like his boat?
Mr. Fernandez: It's all in hock, J.L.
Commissioner Plummer: I don't want it.
Vice Mayor Dawkins: J,L., I think the most important thing to the five of us
up here is, never mind where he is. What is the next step once we find out,
quote, unquote, that he isn't going to perform, what do we do to get off
square one? I think that's the most important question, J.L.
Commissioner Plummer: I agree.
Mr. Fernandez: Right.
Mayor Suarez: And, Mr. City Attorney, I guess you get the feeling from
hearing these questions, that your weekly memos, status report, are not quite
hitting home on the explanation of where we are. They give you all the legal
procedures, maybe, those of us who are attorneys might understand it. But
even those of us that are attorneys are fairly confused by what those memos
mean. Given that we don't have to make that part of the public record, if you
could just say it to us on a weekly basis and a little bit more understandable
and intelligible way, how quickly are we going to get to trial? What
temporary remedies are we pursuing? Can we get our hands on some of those
rent monies being paid by the people who have slips there? Those are the
questions that we're concerned with.
Mr. Fernandez: Sir, I appreciate the fact that you're frustrated with the
judiciary...
Mayor Suarez: No, I'm frustrated with the memos that you're writing that are
confusing to the Commission.
Mr. Fernandez: Oh.
Mayor Suarez: I would like to get some more specific memos on where we are,
how soon we expect to have temporary remedy and ultimate remedy of winning a
judgment against these people and getting them out of there so we can reaward
the bid. That's what I'm frustrated with.
Commissioner Alonso: Mr. City Attorney, still we don't have a date...
Mr. Fernandez: Yes, ma'am.
Commissioner Alonso: ...for that hearing.
Mr. Fernandez: Correct, madam.
Commissioner Alonso: And do we have a way to force them to do so? After all,
citizens, the taxpayers, are losing money because of that.
Mr. Fernandez: Correct, I agree.
Commissioner Alonso: And it seems that this person has more power under the
law than the citizens of Miami and this is very unfair. Can we do something
to make the court aware of the situation?
Mr. Fernandez: Yes, perhaps express yourself by way of a resolution urging
the chief judge of the eleventh circuit to move his calendar and urge the
judges that work for him to listen to cases that are in front of him on an
emergency basis. Now, such a statement made by this Commission, may have a
negative impact on the entire Judiciary. So, I wouldn't want to be heard as
being the one that prompted you to do that. This...
Mayor Suarez: So, are you proposing it or not?
Mr. Fernandez: No, sir, I am not.
Commissioner Alonso: He's not.
15
September 27, 1990
Mayor Suarez: Doesn't sound like it. All right...
Mr. Fernandez: No, I'm not.
Commissioner Plummer: Well, wait a minute, you talk about the Old West way of
doing things and this guy is from California, but I don't necessarily agree
with that. What happened to the old thing, when you don't pay your rent, you
put a padlock on the gate?
Mayor Suarez: A summary eviction.
Commissioner Plummer: I'm just saying, a man didn't pay his rent, what stops
the administration from going out there and padlocking the gate?
Mr. Fernandez: State Statutes in Florida have considerably changed from the
days where there were self help type of evictions. Now, you have to follow a
procedure where you have to take him to court.
Commissioner Alonso: But, the difference is, in a normal procedure, it takes
between 30 -45 days...
Commissioner Plummer: And this has been months.
Commissioner Alonso: ...and this has been...
Commissioner Plummer: Months!
Commissioner Alonso: ...for such a long time.
Mr. Fernandez: Correct. He has hired a battery of attorneys and we have
already been up to the Third District Court of Appeal on appeals on this case.
We have already gotten rulings from the lower court, as I have reported to you
in previous occasions.
Mayor Suarez: What was the issue that we won on appeal? -just to put it on
the table.
Mr. Fernandez: The issue that we won on appeal, was our right to sue, not
only for eviction but also for money damages for the money that he has owed us
and for our right to proceed in Circuit Court rather than in County Court.
Mayor Suarez: OK, you do get the feeling that - I'm sorry - you do get the
feeling that what we're most interested in right now is the eviction. The
damages we can always proceed afterwards.
Commissioner Alonso: I was going to say that, just in case...
Mr. Fernandez: All right.
Commissioner Plummer: Well, the final that I've got, where is this
Commission - and I think this is what Commissioner Dawkins was getting at -
are we then... Let's assume that tomorrow morning he is out. Are we going to
go back and choose from the remaining applicants? Are we legally empowered to
do that?
Mr. Fernandez: The Manager...
Commissioner Plummer: Are we going to go back out to a complete rebidding?
Mr. Odio: No.
Mr. Fernandez: The Manager and I have already been discussing the options
that may be available to the City.
Commissioner Plummer: Legally, what can we do?
Mr. Odio: We can go to the second bidder.
Commissioner Plumper: We can or we cannot?
Mr. Odio: You can.
16
September 27, 1990
Commissioner Plummer: Legally.
Mr. Odio: Yes, you can.
Commissioner Plummer: OK. So, in other words...
Mayor Suarez: That would expedite things. All right.
Commissioner. De Yurre: ...we select...
Mr. Odio: You can select from the other two remaining. You can select.
Commissioner Plummer: OK, in other words, legally we can go to one of the
applicants who did not win.
Mr. Odio: That qualified, yes.
Commissioner Plummer: And it would be coming back before this Commission and,
of course, I guess the other alternative always remains that we can go out to
new rebidding.
Mr. Odio: No, because then you lose another year.
Commissioner Plummer: Ah, ah, ah, that's the reason I'm bringing it up
because if that was not legal to go to a second bidder, let's start the
procedure now.
Mr. Odio: It is legal, you can.
Commissioner Plummer: Well...
Mr. Odio: Since this one was disqualified for not complying.
Commissioner Plummer: OK.
Mr. Odio: I'm not a lawyer.
Mr. Fernandez: I'm glad to see that the Manager is so sure of himself. We
have been discussing with him the possibility that it is very likely that,
once this whole issue is resolved, that we would be able to proceed to the
second bidder or to consider other successful, or people that were brought to
you as options in that process. We're keeping, however, our ultimate option
open in terms of finding out the outcome of this lawsuit because there are
issues involved in this lawsuit that may address that.
Vice Mayor Dawkins: Mr. City Attorney.
Mr. Fernandez: Yes, sir.
Vice Mayor Dawkins: Then we are, this Commission, is at liberty to accept
either one of the bids. We don't necessarily have to go to the second one.
Is that correct?
Mr. Odio: No.
Vice Mayor Dawkins: You're not the City Attorney, you're the Manager.
Mr. Fernandez: Commissioner, I am not ready at this point in time to discuss
that...
Vice Mayor Dawkins: Well, then, you should not have told Mr. Plummer, or
whoever up here asked you, can we go to the second bidder? You should not
have said, yes, if it's not yes.
Mr. Fernandez: I didn't, I didn't.
Vice Mayor Dawkins: Yes, you did.
Mr. Fernandez: No, I didn't.
Commissioner Plummer: The Manager did.
17
September 27, 1990
Mr. Fernandez: The Manager did, sir.
Mr. Odio: I said that we did not...
Vice Mayor Dawkins: Oh, I'm sorry, I beg your pardon. He's being the lawyer
today, OK.
Mr. Odio: We did not rank them, Commissioner. We brought three qualified
bids, so...
Vice Mayor Dawkins: OK, so that means that we can go to... We're not locked
in...
Comn,is'i-:,ar Plummer: That's not a true statement. You did rank them.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Plummer: The administration ranked them, as well as that
committee who was chosen to evaluate the bids. They ranked them. You ranked
them and this Commission told you to go to hell and they did not go along with
the ones that you recommended.
Mr. Odio: No, sir. I recommended somebody else.
Commissioner Plummer: Except for this vote.
Mr. Odio: But, I brought to you three qualified bidders and they were not
ranked one, two, three. They were brought in in alphabetical order.
Comr.lissioner Plummer: You not only...
Mr. Odio: When I was asked...
Mayor Suarez: You brought us their rankings too, Mr. Manager.
Mr. Odio: When I was asked on the record, who...
Mayor Suarez: Now look, we're not going to argue about what is clearly
history and is in the record. You brought us three qualified bidders. You
gave them some sort of a mathematical, quantitative ranking. We...
Commissioner Plummer: That's right. That's right.
Mr. Odio: Now - yes...
Mayor Suarez: Please. Now, what we would like to do is to be able to move
very quickly on it. I think the City Attorney understands how we feel about
it. Once that eviction is completed, we have the right to rebid this. We
obviously, on this Commission, would like to do it - Mr. Manager, we would
like to do it, if at all possible, if legally possible, without having to
rebid the whole thing and, hopefully, between now and that point in time, you
and the City Attorney will get into some sort of agreement that we can do it
that way so we can move expeditiously on it. Is that about as clearly
understood as it could be, for both of you. And if you don't agree on that,
please let us know in advance so we know that we ought to begin the process of
readvertising and all that. God help us to have to go through all of that.
Commissioner Plummer: That's what I was trying to accomplish.
Mayor Suarez: Yes, so please, let's just be on the same wavelength and on the
lawsuit, Mr. City Attorney, just give us more clear explanations as to what's
going on. Never mind that the media will read it. We don't care that the
media will read it, frankly. At least I don't care. Just give us an
explanation of what is going on in the suit, what temporary remedies we can
seek. Be as aggressive as you can Even - I just heard from my right, from
Vice Mayor Dawkins - possibly even get outside counsel if need be. If you
think you can handle it on your own, just do it, but do it as quickly as you
possibly can. And, yes, you can ask any one of us - I think it's proper - to
call the Chief Judge and ask for an early trial date. I think that is proper
and we'll be happy to do that. Now that Judge Weatherington is on sabbatical.
So please, stay on top of this case. It's obviously important. We have a
18
September 27, 1990
motion on Dinner Key and a second and the only question I have, a very simple
question - I would like it answered just very simply, Mr. Manager - who is
managing Dinner Key now on behalf of the administration?
Mr. Odio: The Dinner Key is Raul de la Torre reporting to Alfredo Rodriguez.
Mayor Suarez: Raul de la Torre.
Mr. Odio: Yes. Reporting to...
Mayor Suarez: And what is his title?
Mr. Odio: He's the marina manager here.
Mayor Suarez: Has he been with us for some time?
Mr. Odio: Yes, he came from the Bayside marina. He was there for a long
time.
UNIDENTIFIED SPEAKER: No, I'm no, I'm not.
Mr. Odio: And we just transferred him over.
Mayor Suarez: All right, at least we have on the record who is managing that
marina. Now, I've never heard of Raul de la Torre. I'd be very interested in
meeting him and you guys may be interested in meeting him and questioning him
on some of the things that are going on over there. Maybe that will resolve
some of the issues that you have pending before us.
Mr. Albritton: Mr. Mayor, just quickly...
Mayor Suarez: That was only a question as to who's managing. If you disagree
that he's managing it over there, I'm very interested in that, Frank.
Mr. Albritton: I'm confused at this point, but I'll let that go because
there's conflict of testimony in that. But, anyway, there's two points. One
is, what date are we going to be back on the agenda?
Commissioner Alonso: Next Commission meeting.
Mr. Albritton: What date did you have in mind?
Mayor Suarez: Well, it would be the first Commission meeting in October and I
just want to ask my colleagues on the Commission if they would mind. I think
all, except Commissioner Alonso, indicated they wouldn't mind having the
meeting on the 16th, I guess it is...
Mr. Albritton: The six...
Mayor Suarez: ...or the 18th, I guess.
Commissioner Alonso: The 16th is a Tuesday, right?
Mayor Suarez: Why am I saying the 16th? Why not the 18th? The Thursday
after. It's the 18th, right? OK, do you have any problems with that as
opposed to the....?
Commissioner Plummer: The 18th would be better for me.
Commissioner Alonso: I have no problems.
Commissioner Plummer: It would be better for me.
Commissioner Alonso: The 18th?
Mayor Suarez: We would do it the first meeting in October which would be the
18th of October.
Mr. Albritton: Eighteenth of October. And the other thing, the Waterfront
Board would like to know, for the record, who is the liaison representative to
the Waterfront Board?
19
September 27, 1990
Mr. Alfredo Rodriguez: I am, sir.
20
Mayor Suarez: Who is the City liaison representative to the Waterfront Board?
Alfredo?
Mr. Albritton: OK, we were told by Mrs. Bellamy that Mr. Wally Lee was. So,
there again, we're getting conflicting information, but we can work these
problems out later.
Mayor Suarez: Is that in the ordinance? -a liaison?
Vice Mayor Dawkins: Who is the liaison? What a minute, who is the liaison?
Mr. Odio: Alfredo Rodriguez will be on every meeting that they have.
Vice Mayor Dawkins: So it will not be Mr. Wally Lee.
Mr. Odio: Wally Lee will go to the next meeting in case they have any
questions about what's happening up here, he can answer them for me.
Vice Mayor Dawkins: And then, after that, every meeting...
Mr. Odio: On a day to day basis, if they need any staff support, it's
Alfredo. Alfredo is the one that will be working with the marinas and he
should, on a daily basis, should get the answers that they want for them.
Vice Mayor Dawkins: So, if the Waterfront Board needs to speak with the
administration, they should call who?
Mr. Odio: Alfredo Rodriguez.
Vice Mayor Dawkins: Now, and if you don't get him, then you call either one
of the Commissioners.
Mayor Suarez: All right.
Commissioner Plummer: Are we setting a date, by motion? It's a public
hearing.
Mayor Suarez: First meeting in October. Right, first meeting in October,
which would be the 18th.
Commissioner Plummer: So move.
Mayor Suarez: So moved and I thought we had a motion any how.
Commissioner Alonso: We have a motion and a second, yes.
Commissioner Plummer: Oh, I'm sorry.
Mr. Albritton: Thank you very much.
Mayor Suarez: But, no, the City Clerk is telling me that we didn't, but I
could have sworn we did.
Commissioner Alonso: We have a motion on the date?
Ms. Hirai: It was mentioned. The motion had not been moved and seconded, but
we did say that it would be scheduled for a public hearing. Now, we have one,
sir.
Mayor Suarez: I could have sworn that we had a motion and a second. Anyhow,
why argue?
Vice Mayor Dawkins: I second it.
Commissioner Alonso: For the public hearing? -we did before, yes.
Vice Mayor Dawkins: She moved it and I seconded.
Ms. Hirai: All right.
September 27, 1990
were passed and adopted by the following vote:
Commissioner. Alonso: Yes, that's right.
Mayor Suarez: All right, so moved and seconded. Any discussion? If not,
please call the roll.
The following resolution and motion were introduced by Commissioner
Plummer, who moved their adoption:
RESOLUTION NO. 90 -716
AYES:
A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY
COMMISSION MEETING OF OCTOBER, 1990 TO TAKE PLACE ON
OCTOBER 18, 1990 AT 9:00 A.M.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
MOTION NO. 90 -716.1
A MOTION DIRECTING THE ADMINISTRATION TO SCHEDULE AN
ITEM ON THE REGULAR AGENDA FOR OCTOBER 18, 1990
CONCERNING RECOMMENDATIONS TO BE MADE BY THE
WATERFRONT ADVISORY BOARD IN REGARD TO THE FINANCIAL
AND OPERATIONAL STATUS OF THE CITY MARINAS.
Upon being seconded by Commissioner Alonso, the resolution and motion
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Thank you, and...
Commissioner Plummer: Question. Is the Waterfront Board doing anything...
UNIDENTIFIED SPEAKER: No, not a lot.
Commissioner Plummer: ...about the situation existing in the Miami River in
which channel 10 has done three series of the freighters that are there that
are eyesores at best, the stolen bicycles, the contraband. Is that within the
purview of the Waterfront Board to address that problem?
Mr. Odio: No, it is under the purview of the Miami River Coordinating
Committee which was formed by the Governor and it's a county - the river
doesn't belong to the City. You have three jurisdictions in the river.
Commissioner Plummer: Mr. Manager, my concern only comes in the fact that it
is waterfront property in the City of Miami. Well, you have a Miami River
Coordinating Committee that is doing a very good job up there, by the way.
Mayor Suarez: Well, I'm beginning to wonder if they are after this series
I've been watching on television.
Mr. J. W. Wellington: Commissioner Plummer, that's an ongoing thing. Captain
Sayre of the Miami Police Department addressed us two meetings ago at the
Waterfront Board, explaining the problems and did an excellent job. But, the
Miami Marine Patrol is down to one officer on maternity leave and five working
with a sergeant. And they are somewhat hindered by the numbers and also the
Florida Marine Patrol is hindered by numbers also. But the one light at the
end of the tunnel I see is the work being done by Joyce Meyer and the
conception of a port of Miami River, for the want of a better word, which has
to come. Because all of the authorities agree, the Coast Guard, the Customs,
the Border Patrol, and the Florida Marine Patrol, we need an entity to control
21
September 27, 1990
the river and the river is control. It's like a hospital gown,
you're covered in front and wide open in the back.
Commissioner Plummer: OK.
Commissioner De Yurre: Before we go to the next item. Mr. Manager, I believe
I have an appointment to make at the Waterfront Board. And, that being the
case, I'd like to appoint William Harrington to the board.
Commissioner Plummer: Are those appointments up today? - because I'm told that
mine is up for reappointment.
Mr. Wellington: Right.
Commissioner Plummer: Mine is Bob Lewis.
Mr. Wellington: No, you're current. Because I'm next year and Bob was just
appointed, but you traded with Commissioner Dawkins.
Mr. Padrick: There are several of them that do need to be reappointed.
Commissioner Plummer: God forbid.
Mr. Wellington: I stand corrected.
Vice Mayor Dawkins: Item three, please.
Commissioner Alonso: You can go. If you do...
Commissioner Plummer: What was the error?
22
Vice Mayor Dawkins: No, Commissioner Dawkins traded with him. T gave my - he
didn't give me his, I gave him mine.
Mr. Padrick: That's another, you know, item that we need to address, because
several of our member appointments have elapsed and we're functioning under
the bylaws that allow us to keep functioning until reappointed or somebody has
been appointed to our positions.
Commissioner Plummer: Why don't you bring it up at the same time at this
public hearing? Let's do it and get it over with.
Commissioner De Yurre: What? -all the appointments?
Commissioner Plummer: Yes.
Commissioner De Yurre: OK.
Mr. Padrick: OK. Thank you very much.
7. AMEND RESOLUTION 90 -332, WHICH AFFIRMED ZONING BOARD'S DECISION TO GRANT
SPECIAL EXCEPTION TO PERMIT A DRIVE -IN FACILITY FOR CITICORP SAVINGS
OF FLORIDA AT 1600 S.W. 22 STREET (CORAL WAY) - CORRECT SCRIVENER'S
ERROR REGARDING FLOW OF INGRESS AND EGRESS.
Commissioner De Yurre: I have to excuse myself from this item because I
represent Citicorp Bank.
Vice Mayor Dawkins: Well, we'll adjourn until the two lawyers come back to us
poor people.
Commissioner Plummer: Good. I'll go do something that nobody else can do for
me.
Mr. Jorge Fernandez: This is just to correct a scrivener's error. It's
really nothing of substance in this resolution.
September 27, 1990
Dr. Luis Prieto: It just permits that the flow could be in any direction that
is appropriate, according to Public Works and Building & Zoning.
Commissioner Plummer: And which way did you decide?
Mr. Prieto: Westerly, within the banks, or...
Commissioner Plummer: Coming in which way and going out which way?
Mr. Prieto: Coming in 16th Avenue and going towards 16th Court and the reason
is twofold. One is that it prevents the traffic from getting into the
neighborhood and, second, it permits only right hand turns to get back into
Coral Way and not have to make left hand turns at traffic lights.
Commissioner Plummer: Is there also a right hand turn only at Coral Way?
Mr. Prieto: You mean on 16th Court?
Commissioner Plummer: On 16th Court.
Mr. Prieto: No, we haven't considered that, sir, but we could.
Commissioner Plummer: Well, because the problem that I've expressed before
was that you are so close to the light at 17th Avenue, that you're going to
have a back up problem.
Mr. Prieto: That's right.
Commissioner Plummer: Whereas, if you came the other way and they came out on
16th Avenue...
Mr. Prieto: Yes.
Commissioner Plummer: ...there would not be as much congestion because it's
further away from 17th Avenue.
Mr. Prieto: Would you consider a right hand turn only on 16th Court?
Commissioner Plummer: I think that is appropriate, yes.
Mr. Prieto: All right, sir, we'll do that.
Commissioner Plummer: I'll move item three.
Vice Mayor Dawkins: Hold it, hold it, hold it....
Commissioner Alonso: I have some problems with these and I was wondering if
we had two members of this Commission that did not vote in the previous
item? - because I certainly was against the item. How did it pass? I think we
had at least one other member here at that time.
Vice Mayor Dawkins: Commissioner Alonso, that's a part of my problem. We had
quite a bit of opposition to this from the community.
Commissioner Alonso: Yes!
Vice Mayor Dawkins: And here you are today coming telling me that all you're
doing is - for the lack of a better word - correcting a typographical error,
and I don't know whether that typographical error eliminates what those
people's concerns were or not.
Mr. Prieto: No.
Vice Mayor Dawkins: See, I mean, I just - me - I just don't see how we can do
this without the people who were against this being here to speak up. I just
don't see how we could do it.
Mr. Prieto: No, Mr. Vice Mayur, we're not exercising what the typographical
error permits us to do which is reverse the flow. We want the flow to stay
westerly.
Vice Mayor Dawkins: Well, then why is it necessary to do this?
23
September 27, 1990
Mr. Prieto: Basically, if you leave it as it is, nothing will happen. The
typographical error merely permits the department to change its mind if we
did, but, in fact, the department wants a westerly flow.
Commissioner Plummer: Well, what's the problem?
Commissioner Alonso: What's the problem?
Mr. Fernandez: In fact, when it passed, it...
Mr. Prieto: I've got a transparency if you want to see it.
Commissioner Plummer: No, what's the problem, why it's here today?
Mr. Fernandez: The problem is to make sure that the resolution reads
correctly in that this Commission made a condition of that change giving the
department the authority to look at it and make sure that the department was
satisfied. The original resolution, as passed, did not contain that verbiage.
This one does. It clearly says that the drive -in... the ingress and egress
should be subject to the determination of the department. You wanted that
there and that's what we're doing. We're including it because apparently, it
was not included in the first resolution.
Commissioner Plummer: Ah, the Clerk goofed up.
Mr. Fernandez: No. No, it was not the Clerk.
Commissioner Alonso: I have a serious problem with this. Here we are, three
members of this Commission giving a vote in an item that I certainly voted no
and I said very clear at that time, I did not want to affect the traffic
within the neighborhood. I think that this problem that they have before
having the drive -in, it was serious enough. And they stated that to us as
well. Are we talking about, is this 16th Court the one in front of the 7 -11
or Farm Store?
Mr. Prieto: Right.
Commissioner Alonso: That's the one?
Commissioner Plummer: No, no, 16th...
Commissioner Alonso: Is the one before?
Commissioner Plummer: No, that's 16th Avenue.
Mr. Odio: You have a convenience store there.
Commissioner Alonso: You have a convenience store.
Commissioner Plummer: No, not on 16th Court.
Commissioner Alonso: Let's see, because I want to see which one is the...
Commissioner Plummer: No.
Commissioner Alonso: ...one where the convenience store is, because it's
definitely one there.
Commissioner Plummer: The convenience store is to the left.
Commissioner Alonso: To the left?
Commissioner Plummer: Yes, that's 16th Avenue. Sixteenth Court....
Commissioner Alonso: And another question that I have, I believe that that's
been done already.
Mr. Prieto: Yes, it has actually.
Commissioner Alonso: So, why are we doing anything after the fact? It's
done.
24
September 27, 1990
Mr. Prieto: Oh, it's _just correcting the text, right.
Mr. Odio: Correcting the record.
Commissioner Alonso: Show me where we are.
Mr. Prieto: This is Coral Way down here.
Commissioner Alonso: Yes.
Mr. Prieto: Not now.
Commissioner Plummer: Well, then, it should be.
Commissioner Alonso: That's exactly what
Mr. Prieto: We can do that.
25
Mr. Prieto: It's correcting... but, basically, Commissioner, we are doing
what you wanted to do and that is to keep the traffic out of the residences.
We're keeping the traffic out of the residential area by doing it this way.
Mr. Prieto: So the traffic would come this way, would enter the bank, go
through the tellers, would come, make a right hand turn on 16th Court,
Coral Way would cross Coral Way. Commissioner Plummer's
suggestion is that this be made a right hand turn only on Coral Way. The
traffic remains in the back. It does not force the traffic into the
neighborhood towards the south. Also, it accomplishes the neighborhood,
keeping the traffic out of the neighborhood. But a second thing it
accomplishes is avoiding left hand turns and that will decrease the traffic
incidence and accident.
Commissioner Plummer: Let me ask this question of you, because a sign there
doesn't mean anything. They'll read it for a while and forget it. Is the
driveway so designed of exit, that they cannot make a left hand turn?
Commissioner Plummer: You can design a driveway where if they tried to make a
left hand turn, they're going to have the undercarriage of their car repaired.
Mr. Prieto: All right, so you mean on 16th Court, they cannot make a left
hand...
Commissioner Plummer: On 16th Court, you make the driveway exit so they can
only make a right turn.
Commissioner Alonso: Dr. Prieto, but I have a problem with that. And it's
something that you have heard me before refering to this. I recall
Commissioner Plummer saying at the time, he did want that in a very specific
way. The same way he has stated now. I go practically everyday through that
area and it is my understanding the construction has been done already. If
it's been done, and now he's asking about and you say, it's possible to do,
meaning, when these people are ready to get a CO for that job, is when we ask
them to change. Meaning, they have to tear down things. They will have to go
into expenses, unnecessary expenses, if we do the right thing at the
beginning. Request from the people to do exactly as this Commission stated we
wanted it done. Why wasn't it done? I think it's so simple. What happened?
Mr. Prieto: Well, because it could be argued that some people using the bank
are local people, coming in from the south. They would be coming north on
16th Avenue, turn left into the bank, do their banking business and then turn
back south going left on 16th Court. It would be an inconvenience to them,
perhaps, so...
Commissioner Alonso: Fine, but the fact of the matter is, one of the members
of this Commission stated that he felt this way. Why that explanation was not
given to him at that time and if, at the end, we say, this is what we want, it
should be done that way.
Mr. Prieto: Commissioner, I apologize. I did not know...
Commissioner Alonso: Do you recall what I'm talking about?
September 27, 1990
- = 1
i
Mr. Prieto: I do not recall that we wanted a right hand turn only on 16th
Court.
Commissioner Alonso: I'm certain the Commissioner Plummer remembers. He was
very specific.
Mr. Prieto: Well, I apologize. I didn't recall that specific requirement.
Commissioner Plummer: Five lashes.
Commissioner Alonso: I really feel like a fool voting for something that the
neighbors came here, told me something, I voted against that, and now, after
the construction is done, I'm just passing regulations. Mr. City Attorney...
Mr. Fernandez: Yes, I have opined...
Commissioner Alonso: What can I do that makes a little bit sense?
Mr. Fernandez: No, no...
Commissioner Alonso: I don't want to be impossible since my vote will be a
definite part for something that it's there.
Mr. Fernandez: I don't know whether it was as part of...
Commissioner Alonso: I cannot change the fact that they paid no attention, or
I don't know how it happened.
Mr. Fernandez: I don't know whether...
Commissioner Alonso: What do I do that makes sense? Because my intention it
say, it doesn't make sense to me. I vote no again. But, then again...
Mr. Fernandez: As a matter...
Commissioner Alonso: ...how do I place, the City will look like what?
Mr. Fernandez: No, no, I don't know whether it was in reference to this item
or another item...
Commissioner Alonso: Oh, definitely, was, believe me.
Mr. Fernandez: ...but I have opined that when, as a result of a conflict, two
members of this City Commission have to step aside, and you're dealing then
with three, two would be majority that would carry the day. Only when, as a
matter of a legal impossibility of a conflict, that result yields then that
would be the way to resolve that issue.
Commissioner Plummer: I got a better answer. I'm a depositor at Southeast
and I'll recluse myself from voting because I'm a depositor.
Commissioner Alonso: Oh, my God!
Mr. Fernandez: That would not...
Commissioner Plummer: Oh, Citicorp? -I'm sorry. I move item... look, as I
understand it - you tell me if I'm wrong - all we're doing in this issue is
correcting verbiage that was not included.
Mr. Prieto: Right.
Commissioner Plummer: Is that correct?
Mr. Prieto: That's correct.
Commissioner Plummer: Based on that, and nothing else, it doesn't change the
zoning, it doesn't change anything else. I'll move item three.
Vice Mayor Dawkins: Before I second it, to see if I will second it, didn't
you say that the work has already been done?
26 September 27, 1990
fl I %I 01 tip
Mr. Prieto: Yes, sir.
27
Vice Mayor Dawkins: So, really and truly, what you're telling me that I am
just okaying the payment that you have made for work already done. Is that
correct?
Mr. Prieto: Sir, this is an internal flow in a bank. We haven't done any
work.
Vice Mayor Dawkins: Let me ask it again so that we both understand what I'm
saying. The work has been done. Is that correct?
Mr. Prieto: Yes, sir.
Vice Mayor Dawkins: Have you paid for the work being done?
Mr. Prieto: No, sir, because it's not our work.
Vice Mayor Dawkins: So, therefore, I have to just OK - now, if we vote no,
not to pay for the work that's done, what?
Commissioner Alonso: It is a private company. It's a private company.
Vice Mayor Dawkins: Who is paying for it?
Mr. Prieto: Right, the bank.
Commissioner Alonso: Citicorp, the company is.
Vice Mayor Dawkins: Who?
Mr. Prieto: The bank.
Commissioner Alonso: The bank is.
Mr. Prieto: The bank...
Commissioner Plummer: This is for a drive -in teller for the bank. They're
paying for it.
Mr. Prieto: It's an internal flow. It's all inside the bank.
Vice Mayor Dawkins: Yes, but if I... I'm like Commissioner Alonso, what am I
voting on?
Commissioner Plummer: Correct an error in the wording of the ordinance as
originally passed.
Vice Mayor Dawkins: Well, and if I don't change it, what? If I don't change
the error, what? That's the part I don't understand.
Commissioner Alonso: That's a very good question.
Mr. Prieto: Nothing happens.
Commissioner Alonso: Nothing happens?
Vice Mayor Dawkins: Well, if nothing happens, and...
Commissioner Alonso: Then why do we have to change anything?
Vice Mayor Dawkins: Why you bringing it to me then?
Mr. Prieto: Because this issue has been waiting to be brought to you for
sometime and the events have overtaken the situation.
Vice Mayor Dawkins: But if it doesn't change anything, doctor, why do you
bring it to me? We got 37 items that are of importance, and you bring me one
that you say does not matter whether I vote for it or against it. I don't
understand it.
September 27, 1990
Mr. Fernandez: You may defer it. I need to get some answers, because I want
to make sure that we were responsible fo: bringing this item to you.
Vice Mayor Dawkins: It doesn't matter... I mean, when you come back, we still
got to vote on it, Mr. City Attorney. It doesn't matter, sir. I mean, we
just prolong the agony.
Mr. Fernandez: But, right now, I happen to agree with you. It doesn't make
any sense.
Vice Mayor Dawkins: It doesn't.
Commissioner Alonso: It doesn't.
Vice Mayor Dawkins: But, as some of the others that I voted for that didn't
make sense, I'll second this one.
Commissioner Alonso: Commissioner, we are alone? You and I?
Ms. Hirai: We don't have a quorum.
Commissioner Alonso: I don't know what's going on this morning, but they are
sending messages to us of some kind that I'm not certain if I know what kind
of a message.
Vice Mayor Dawkins: Well, you see, but you see, you...
Commissioner Alonso: We are alone.
Vice Mayor Dawkins: We have the advantage on them. See, we're here till '93,
they're not.
Commissioner Alonso: Well.
Vice Mayor Dawkins: All right, as soon as Commissioner Plummer returns, we'll
vote. Mr. City Attorney, while we're waiting.
Mr. Fernandez: Yes, sir.
Vice Mayor Dawkins: Just off the top of your head...
Mr. Fernandez: Yes.
Vice Mayor. Dawkins: Could not this have been done by the administration
visiting with each Come on, .I.L., we're ready to vote, please - each
Commissioner and getting an OK or a no?
Mr. Fernandez: No, it should not.
Vice Mayor Dawkins: I second the motion.
Mr. Fernandez: It should not.
Commissioner Plummer: Call the roll.
Mr. Fernandez: This would be the proper way to correct any deficiency in
previously passed legislation.
Vice Mayor Dawkins: Yes, but if it doesn't matter whether you correct it or
not, why should I bother with it?
Mr. Fernandez: That's the question that, personally, I'm at a loss to answer
to you.
Vice Mayor Dawkins: I second it. You have to call the roll, Madam.
Commissioner Alonso: Yes, I call the roll.
28
September 27, 1990
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
A RESOLUTION AMENDING RESOLUTION NO. 90 -0332, ADOPTED
APRIL 26, 1990, WHICH AFFIRMED THE DECISION OF THE
ZONING BOARD TO GRANT A SPECIAL EXCEPTION TO PERMIT A
DRIVE -IN FACILITY FOR CITICORP SAVINGS OF FLORIDA,
LOCATED AT 1600 SOUTHWEST 22ND STREET (CORAL WAY),
MIAMI, FLORIDA, SUBJECT TO CERTAIN CONDITIONS
STIPULATED THEREIN, TO CORRECT BY THE HEREIN
RESOLUTION A SCRIVENER'S ERROR IN RESOLUTION NO. 90-
0332 TO PROVIDE THAT THE CONDITION WHICH REQUIRES THAT
THE FLOW OF INGRESS AND EGRESS OF THE DRIVE -IN
FACILITY SHALL BE REVERSED IN SUBJECT TO THE
DETERMINATION OF THE DEPARTMENTS OF PUBLIC WORKS AND
PLANNING, BUILDING AND ZONING PRIOR TO THE ISSUANCE OF
A BUILDING PERMIT THAT SUCH REVERSAL IS NECESSARY FOR
THE BEST FLOW OF TRAFFIC.
(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 J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
NOES: Commissioner Miriam Alonso
ABSTENTIONS: Commissioner Victor De Yurre
Mayor Xavier L. Suarez
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Alonso: No, I voted no the first time.
8. REQUEST ADMINISTRATION TO INFORM COMMISSION (THIS SAME DATE) WHETHER
CHURCHES (ON PLACE OF WORSHIP) CAN HAVE A COVERED DISH LUNCHEON FOR
CHILDREN IN A SCHOOL CAFETERIA (See label 59).
Commissioner Plummer: Now, before these other two guys come back, I want to
ask a quick question because I don't want to be faced with it tonight. I just
reminded about the homeless situation. Mr. City Attorney...
Mr. Jorge Fernandez: Yes, sir.
Mr. Fernandez: It isn't.
RESOLUTION NO. 90 -717
Commissioner Plummer: ...in the ordinance as proposed, is there a provision
that a church cannot have a covered dish luncheon? Is there a provision in
that thing that says that the church can't feed the kids in a school
cafeteria? If that's in there, would you please let me know before this
ordinance comes up tonight, because I tell you something, somebody was in
fantasy land if they put that into an ordinance, that you can't feed kids,
school kids, in a cafeteria. And a church could not have a banquet or a
reception of a wedding reception. If that's in that ordinance, I want to know
about it before 7:00 o'clock tonight.
Commissioner Alonso: I've been asking that question for a week and I've been
told every single time...
Mr. Fernandez: It isn't.
29
September 27, 1990
Commissioner Alonso: ...that, no, it does not apply to any... I've been given
all kinds of examples. I've been asking, I've been told over and over and
over again, no, it will not affect.
9. REQUEST CITY ATTORNEY TO INVESTIGATE AND REPORT BACK CONCERNING A
PROPOSAL FOR A CHARLIE HOUSE OPERATION ON 29TH ROAD AND 1ST AVENUE USING
CONCEPT OF MULTIPLE APARTMENTS -. REQUEST ADMINISTRATION TO INVESTIGATE
AN MRS STATEMENT THAT, UNDER THE NEW STATE LAW, THE CITY COMMISSIONER
HAS NO JURISDICTION IN THE MATTER.
Commissioner Plummer: OK, I have one other, Mr. Mayor, if I may.
Mayor Suarez: Please. Although we will, obviously get into this this
afternoon.
Commissioner Plummer: Mr. City Attorney, I attended a meeting last night of
the Roads Section. There is a proposal for a Charlie House operation on 29th
Road and 1st Avenue. It is nowhere near the concept, as we know it in the
past, of a residential. This is now going into multiple apartments of a
Charlie House operation. The Roads Section has been told that under the new
state law from HRS that this City Commission has no say so in the matter. And
that they are proceeding to start it's operation and they are very much
concerned. Would you research the law and let me know before this day is out,
whether or not this Commission has any authority at all in the say or yes or
no.
•
Vice Mayor Dawkins: They voted for Martinez and Martinez made that law, you
can get your revenge in November.
Mr. Fernandez: I think that the difference here...
Commissioner Plummer: Research it, and come and let me know before the day is
out. OK?
Mayor Suarez: OK.
Commissioner Plummer: Thank you.
Mayor Suarez: On item 3, Madam City Clerk, I need to reflect an abstention...
Ms. Matty Hirai: Yes, sir. Thank you.
Mayor Suarez: ... for a conflict.
Commissioner Alonso: Don't we know.
Commissioner Plummer: Likewise, Victor.
Mayor Suarez: Apparently, she needs that on the record.
30
September 27, 1990
10. EMERGENCY ORDINANCE: APPROVE TRANSFER OF CITY'S NATURAL GAS FRANCHISE
TO NUI CORPORATION (ORIGINALLY GRANTED BY ORDINANCE 8309 TO
ELIZABETHTOWN GAS COMPANY).
Mayor Suarez: Item 4, emergency ordinance, acknowledging transfer of City's
natural gas franchise. I'll entertain a motion on this.
Commissioner Plummer: Who is NUI?
Mr. Carlos Garcia: It is the parent company of City Gas.
Commissioner Plummer: Are they local?
Mr. Garcia: No, sir. They are based in New Jersey.
Commissioner Plummer: And what do they pay us as a franchise fee?
Mr. Garcia: Approximately, $42,000 a year.
Commissioner Plummer: Why so little?
Mr. Garcia: Because they have their franchise only west of 27th Avenue.
There is another franchise.
Commissioner Plummer: Who has it east of 27th?
Mr. Garcia: People's Gas.
Commissioner Plummer: You recommend it?
Mr. Garcia: Yes, sir. I do.
Commissioner Plummer: I move it.
Vice Mayor Dawkins: Why ?... OK, I'll wait until somebody second it.
Commissioner Plummer: I'll withdraw my motion so that my colleague can ask a
question.
Vice Mayor Dawkins: How many times... I've been here, nine years. How many
time has this gas company changed ownership of names?
Mr. Garcia: This is the second time that it happened. The 1988 People's,
City Gas, I'm sorry, was merged with Elizabethtown, out of New Jersey. Now
the parent of the company, my understanding is, is this other company, MUI
(National Utility Investor, and at this time, they want to merge with the
parent company. There is someone here from City Gas evidently, ma'am, you may
want to say... make some statements on the record.
Ms. Alice Harris: You're absolutely correct. I'm Alice Harris...
Mayor Suarez: We need you to get close to the mike and give us your name and
address, ma'am.
Ms. Harris: OK. I'm Alice Harris of City Gas Company of Florida. What he
has just told you is correct. Yes, we did come to you for a transfer of the
name in 1988 from City Gas Company of Florida to Elizabethtown. NUI, which is
a... stands for National Utility Investors, purchased the stock of City Gas
Company and merged it into Elizabethtown Gas Company, City Gas maintaining its
management and name, City Gas Company of Florida. That was in 1988. The
parent company being a holding company is now going to become the operating
company, and in order to do that, our franchises have to be changed from
Elizabethtown to NUI. It is basically the same thing you did in 1988.
Vice Mayor Dawkins: OK. What was the franchise's fee in '88?
Mr. Garcia: The franchise is a percentage, six percent of their revenue, so
it fluctuates depending on what that revenue is. It is not a fixed amount.
31
September 27, 1990
-�
- s
Vice Mayor Dawkins: It does not float, the percentage is fixed?
Mr. Garcia: Yes, sir. It is.
Vice Mayor Dawkins: The income floats, depending on what they have, OK?
Mr. Garcia: That is right.
Vice Mayor Dawkins: What is the rate of the franchise fee?
Mr. Garcia: My recollection is that it was approximately, $40,000 as well.
Vice Mayor Dawkins: No, no. Six percent, five percent, eight percent, ten
percent?
Mr. Garcia: Six percent.
Vice Mayor Dawkins: So in '88 we charged six percent, and here it is in 1990,
and you still want six percent. Why?
Mr. Garcia: Well, their contract is until the year 2004 for thirty years, and
the contract calls for a six percent fee during that period.
Vice Mayor Dawkins: But the contract calls that I have to OK the transfer?
Mr. Garcia: That is true. Yes, sir.
Vice Mayor Dawkins: So, therefore, if I OK the transfer, then I can change
the fee?
Mr. Odio: You cannot.
Vice Mayor Dawkins: Why?
Mr. Odio: According to what I understand, you cannot withhold this
assignment.
Commissioner Plummer: That's not what he is saying, Mr. Manager. Is it
negotiable at the time of transfer to renegotiate?
Mr. Odio: No, it is not.
Commissioner Plummer: OK. That's it.
Mayor Suarez: All right. Now, you're saying to us, and I think we have
exactly the same interest in this, that a complete transfer of the stock does
not entitle us to renegotiate the rates?
Commissioner Alonso: Yes. This is a legal question, I'll like to have the
City Attorney to respond to this.
Mayor Suarez: And particularly in view of conditions out there that make
alternative energy sources to be quite lucrative. Yes, Mr. City Attorney.
Mr. Fernandez: After looking at this, I don't believe that the City has any
right at this time to change the terms and conditions of the originally agreed
upon contract. This is in fact more of a...
Commissioner Plummer: How long is this franchise for?
Mr. Fernandez: Through the year 2004. This is mostly by way of a ministerial
act. Reasonable consent should not be withheld. There is ample language
there that anticipates the management or ownership of the franchise changing,
and then the City in return for being advised and being kept abreast of what's
happening, requested that its consent be obtained.
Mayor Suarez: Why was it entered into for that period of time?
Mr. Fernandez: Well, I wasn't here at that time.
Ms. Harris: Well, that was 1974.
32
September 27, 1990
Commissioner Plummer: FPL?
Commissioner Plummer: Like all of them, I assume. Florida Power and Light,
there is Southern Bell, they are thirty years.
Mayor Suarez: Why thirty years? Just because that's what everybody else did?
Commissioner Plummer: Well, I can remember the FPL (Florida Power & Light)
franchise, they would not settle... they wanted fifty, and came back with
thirty.
Mayor Suarez: Well, I'll tell you what, with the energy situation the way it
is, I wouldn't be surprised if they engaged in very healthy ccmpetition and
accepted a lot less term than that in the future.
Vice Mayor Dawkins: And I'd like to say, with all due respect, if football
players, basketball players, and et cetera renegotiate their contracts, it
would seem to me that those who benefit from things from the City of Miami,
knowing that we have a crunch would be interested in, trying to renegotiate to
do something different. Because I plan to be here in the year 2004, sitting
right here to vote on this.
Commissioner Plummer: You'll be close by.
Commissioner Alonso: This is done by a vote of the Commission, or was it done
before it went to the voters?
Mr. Garcia: Went to the voters.
Commissioner Plummer: Voters.
Commissioner Alonso: Exactly like FPL?
Mr. Odio: This was a franchise approved by the voters, yes.
Commissioner Plummer: To award the franchise.
Vice Mayor Dawkins: I'll second J.L.'s motion.
Mr. Odio: Believe me, when I saw this, I said, oh, maybe I can get...
Commissioner Alonso: We have to get smarter in the future...
Mayor Suarez: OK. And be attentive...
Commissioner Alonso: And say as time goes on, it goes up.
Commissioner Plummer: Mr. City Manager.
Mayor Suarez: And be attentive also...
Commissioner Alonso: Sure.
Mayor Suarez: ... even on this one, if there is anyway to trigger a
renegotiation, any default, any late payment, anything that would entitle us
to renegotiate, please, I guess you get the drift of the Commission. Yes,
Commissioner Plummer.
Commissioner Plummer: Have you done a background check on these people from
New Jersey?
Mr. Garcia: No, sir. I have not. But it is the same...
Commissioner Plummer: I've got serious questions about anybody from New
Jersey. Hey, in all honesty, do you know who the owners of this company are?
Mr. Garcia: Well, it is the same company. NUI is the same company that owns
City Gas at this time.
Ms. Harris: Yes. This is no change in ownership, this is not a change in
ownership.
33
September 27, 1990
IN
Vice Mayor Dawkins: It's just a subsidiary.
Commissioner Plummer: That's fine. But we're transferring it, do we know who
the owners here?
Mr. Garcia: No, sir. I don't.
Mayor Suarez: Who are the owners, ma'am?
Commissioner Plummer: I'm not going to be embarrassed to read in the paper
later that these were not of the best quality people that we know?
Mayor Suarez: Well, maybe a publicly held company.
Ms. Harris: Commissioner, may I?
Mayor Suarez: Yes, ma'am.
Ms. Harris: The ownership of the company...
Commissioner Plummer: Don't tell me Trump.
Ms. Harris: No. Rather the Kean family, if you know of the Kean family out
of New Jersey, and the Elizabethtown Gas Company has been in their family for
close to, little over 200 years.
Commissioner Plummer: They are the principal owners?
Ms. Harris: Yes.
Commissioner Plummer: Kean?
Ms. Harris: Keen. I believe the governor of New Jersey...
Commissioner Plummer: That's even worse.
Ms. Harris: ... is a Kean.
Commissioner Plummer: OK.
Mayor Suarez: All right. We have a motion and a second. Any discussion?
The nature of the emergency has been stated. Or if not, would you please
state it and read the ordinance too, Mr. City Attorney. Call the roll.
AN ORDINANCE ENTITLED-
Was introduced by Commissioner Plummer and seconded by Vice Mayor
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:
AN EMERGENCY ORDINANCE ACKNOWLEDGING AND APPROVING THE
TRANSFER OF THE CITY OF MIAMI'S NATURAL GAS FRANCHISE
ORIGINALLY GRANTED UNDER ORDINANCE NO. 8309, OR
ELIZABETHTOWN GAS COMPANY'S RIGHTS THEREUNDER TO NUI
CORPORATION IN ACCORDANCE WITH THE NATURAL GAS
FRANCHISE OF THE CITY OF MIAMI, FLORIDA.
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Vice Mayor Dawkins, adopted said ordinance by the following vote:
34
September 27, 1990
EEE
Mayor Suarez: Moved and second. Any discussion on item 5? If not, please
give the nature of the emergency and read the ordinance. Call the roll.
AN ORDINANCE ENTITLED-
--
ZZ
N.,■M
v.!
NTITLED-
...
AYES:
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10780.
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.
11. EMERGENCY ORDINANCE: AMEND 10732 - INCREASE APPROPRIATIONS TO SPECIAL
REVENUE FUND ENTITLED: SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 1990 -
FROM GRANT REIMBURSEMENTS FROM U.S. DEPARTMENT OF AGRICULTURE THROUGH
FLORIDA DEPARTMENT OF EDUCATION.
Mayor Suarez: Item 5. Emergency Ordinance. Increasing Appropriations...
Mr. Odio: Mr. Mayor, thanks to the summer program that was very successful,
we had to serve... we were expecting to serve 2200 lunches, and we served
2600. And 2200 was next, and we served 2800.
Commissioner Plummer: Move it.
Commissioner Alonso: Second.
AN EMERGENCY ORDINANCE AMENDING SECTION 2 OF ORDINANCE
NO. 10732 ADOPTED MAY 24, 1990, BY INCREASING
APPROPRIATIONS TO THE SPECIAL REVENUE FUND ENTITLED
"SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 1990" IN THE
AMOUNT OF $49,306 COMPOSED OF GRANT REIMBURSEMENTS
FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE
THROUGH THE FLORIDA DEPARTMENT OF EDUCATION;
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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
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:
35
September 27, 1990
AYES:
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10781.
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.
12. (A) SECOND READING ORDINANCE: ESTABLISH APPROPRIATIONS FOR CITY OF
MIAMI CAPITAL IMPROVEMENTS FOR FISCAL YEAR 1990 -91.
(B) DISCUSSION CONCERNING METROPOLITAN DADE COUNTY'S PROPOSED SALES
TAX INCREASE FOR FISCAL YEAR 1990 -91 BUDGET.
Mayor Suarez: Item 6. Second reading.
Mr. Odio: Second reading on the Capital Improvement projects.
Commissioner Plummer: You moved it.
Commissioner Alonso: I vote...
Mayor Suarez: I'll entertain a motion on it.
Commissioner Plummer: Second.
Mayor Suarez: Understanding once again, that it will have to be approved
and...
Mr. Odio: Every individual item will be brought back to you.
Mayor Suarez: All right. So moved and seconded. Any discussion? If not,
please read the ordinance.
AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD, BY TITLE ONLY.
Vice Mayor Dawkins: One question, Mr. Mayor.
Mayor Suarez: Vice Mayor Dawkins.
Vice Mayor Dawkins: Will Mr. Manager, or somebody, tell me how do we find out
what percentage of this one cent sales tax that they are going to allocate to
the Lipton Tennis Court, how do we get a part of that to modernize our Orange
Bowl?
Mr. Odio: Well, you, the Commission, have to determine your priorities.
Vice Mayor Dawkins: Beg pardon?
Mr. Odio: You would have to determine your priorities. When he County
Manager and I talked yesterday, he indicated to me that the commitment of the
sixteen -and -a -half million dollars is only for three years, and after that the
sales tax is available.
Vice Mayor Dawkins: OK. So...
Mr. Odio: Now, we have the problem of the...
Vice Mayor Dawkins: ... I should tell everybody in the City of Miami, not to
vote for it for three years, because I don't get a part of it for three
years ?...
36
September 27, 1990
Commissioner De Yurre: It doesn't, it doesn't go on the ballot.
Vice Mayor Dawkins: ... and let's try to not pass it. That's what you're
telling me?
Mr. Odio: No, no, no, sir.
Vice Mayor Dawkins: Well, they better tell me something.
Vice Mayor Dawkins: No. Hold it. Miller, it's a different penny,
altogether.
Mr. Odio: The vote... It's a different penny, altogether.
Vice Mayor Dawkins: It's the same penny from my tax.
Mr. Odio: No, sir.
Commissioner De Yurre: No. It's a different penny.
Commissioner Plummer: Are they proposing... let me ask this.
Mr. Odio: They are proposing two...
Commissioner Plummer: They are proposing two pennies? One to take them out
of bankruptcy, and the other one for Lipton?
Mr. Odio: Let me explain.
Commissioner Plummer: Is that true? - there are two pennies in...
Mr. Odio: Let me explain. The one...
Commissioner De Yurre: Here, let me just clear this.
Mr. Odio: OK.
Commissioner De Yurre: First of all, the penny that we are talking about is a
tourist tax penny, which does not go before the voters.
Mr. Odio: At all.
Commissioner De Yurre: At all. And that is...
Commissioner Plummer: But is a sales tax?
Commissioner De Yurre: It is a sales tax on... it's like a bed tax.
Mr. Odio: Bed tax.
Commissioner De Yurre: OK? That's one. And that is the one that is being
used for Lipton for three years and then it becomes available for other sports
facilities of which we are pushing, and there is another...
Commissioner Plummer: Does that take a vote of the public?
Commissioner De Yurre: No.
Commissioner De Yurre: ... of which we are hoping that if we need to build a
baseball stadium, in the City of Miami, that that money will be available for
that. That's one.
Commissioner Plummer: Well, you know that you are whistling Dixie, because
they are trying to steal and scrape every penny they can find now to live up
to their obligation for performing arts.
Commissioner De Yurre: Well, they cannot use it for that. It is for sports
only.
Mr. Odio: They cannot touch this money for that.
37
September 27, 1990
i
Commissioner Alonso: This is the penny that Commissioner Dawkins and 1 were
going to go to Tallahassee to have the money used directly by the City of
Miami, and eventually, we will do that.
Vice Mayor Dawkins: And the hotels that this money will come from are in the
City of Miami.
Commissioner Plummer: And what is... let me ask this question. What is that
going to do to the total tax now?
Vice Mayor Dawkins: Look, man, every time I go over to the County Commission,
I do not get any consideration for being in the City of Miami. But every time
I look, my administration is telling me, you need to bend over backwards and
cooperate with the County. But you've never come up here and told me that the
County is bending over backwards to cooperate with us. I mean, I just don't
see it.
Commissioner Plummer: It has never happened.
Vice Mayor Dawkins: I don't see it.
Commissioner Plummer: That's why he can't tell you.
Mr. Odio: I think what I said is, you have to decide if you want to build a
baseball stadium, you would need that money.
Commissioner De Yurre: If the need arises.
Commissioner Plummer: But you have no guarantee after the three years that
you'll get that money for the baseball.
Mr. Odio: Yes, you can.
Vice Mayor Dawkins: Give me a third...
Commissioner Plummer: Wait a minute. How do you guarantee it?
Mr. Odio: You can.,.
Vice Mayor Dawkins: Give me a third of the money now and I'll put it in the
baseball fund, and take two- thirds of it for the Lipton Tennis... I don't have
a problem with that. But don't tell me to wait three years. Shoot, Hussein
may be here and, we all may be gone in three years.
Commissioner Plummer: Do you have... Victor, do you have any guarantee in
writing that after the third year, that that money will flow, or even a part
of that money will .low to the City of the Miami for the use for baseball?
Commissioner De Yurre: We will expect to have that for the 16th when they
have the second reading.
Mayor Suarez: They should have it before second reading. There is another
problem.
Commissioner Plummer: Wait, let me just follow up. Of that money, after the
third year, how much will they commit to you?
Commissioner De Yurre: They have to commit the whole fifty million that you
can buy... let me explain what's happening. They can use the money now for
three years just by taking the amount that's generated, the revenue, without
bonding it out, and in three years, they pay for the facility. After that, we
have the full amount available, the fifty million to use for the sports
facility for a baseball park.
Commissioner Plummer: But do you have any thing in writing?...
Commissioner De Yurre: We expect to have it...
Commissioner Plummer: ... that guarantees, after that third, from the fourth
year forward, that that money will come to the City of Miami for a baseball or
other sport...
38
September 27, 1990
Mayor Suarez: It should be in the ordinance.
Mr. Odio: You have to have it before the second reading.
Mayor Suarez: Otherwise, it will be a lot of problems.
Commissioner De Yurre: Yes.
Commissioner Plummer: All right.
Mayor Suarez: But we want to be kept advised of that, Mr. Manager, so that we
can raise... you know what raise.
Commissioner Plummer: What does that do to the total tax a person renting a
room now will have to pay?
Commissioner De Yurre: It's for rent, normal month to month tenancy?
Commissioner Plummer: No, no. I'm saying is, are we now charging five
percent?
Mayor Suarez: It will be a total of twelve cents (l2C) if you include the
sales tax.
Commissioner Plummer: So, it's six and six?
Mr. Odio: I think you have to include a... it will go up twelve.
Mayor Suarez: Yes.
Commissioner Plummer: Twelve percent, and we are trying to encourage tourism.
Mr. Odio: That's nothing compared to what you pay in any other City of this
country.
Commissioner De Yurre: Well, New York was like thirty percent.
Mr. Odio: Thirty percent.
Commissioner Plummer: All right. Let me ask the other question.
Mayor Suarez: All he was asking was the amount, the editorial is surplus
here. But go ahead, Commissioner, and then I'm going to...
Vice Mayor Dawkins: Go ahead, you're right.
Commissioner Plummer: The other one, Mr. Manager, that they are proposing,
that to me is highway robbery, that's the penny to bail out all of the social
programs on one cent sales tax?
Mr. Odio: See, that comes to the voters.
Commissioner Plummer: That will go to the voters. Is there any provision in
that proposal that the City of Miami will receive a portion of those funds to
address the problems that we have with the social problems?
Mr. Odio: No.
Commissioner Plummer: None, whatsoever?
Mr. Odio: None.
Vice Mayor Dawkins: And Mr. Manager, do not make the mistake again in telling
me that we get more than anybody else. OK?
Mr. Odio: I said, we will get nothing.
Vice Mayor Dawkins: The City of Atlanta got an airline direct link with
Japan, because they went actively after it and Dade County did not. They got
the Olympics, they are doing things with tax dollars that will draw more tax
people in. See.
39
September 27, 1990
intend to take from the taxes for retroactive payment back to themselves for
planning, et cetera.
also want to know if they are paying themselves some amount retroactively so
that we can be alerted to that and possibly, object to that.
Commissioner De Yurre: I believe that part of the sixteen is to get
reimbursed.
M
Commissioner Plummer: Oh, we're going to get...
Vice Mayor Dawkins: But every time I look up, it's the Dade County takes the
money, and Coral Gables, the City of Miami, Miami Beach, we all have to sit at
their mercy and let them decide what is best for us, and the City of Miami
ends up with nothing.
Mayor Suarez: On the issue of the sports tax, for a lack of a better term, my
understanding is that the... in addition to paying the amount needed to build
the Lipton Tennis, they're also retroactively paying themselves, the County,
another four million for past expenditures in connection with the Lipton
facility.
Mr. Odio: See, I'm not aware of that, I...
Mayor Suarez: OK. Would you please check that out, Mr. Manager, and make
sure that our lobbyist, and ourselves are apprised of that, because...
Commissioner Alonso: So it means, twenty ?...
Mr. Odio: See, the sports authority has been...
Commissioner Alonso: ... instead of the sixteen they are talking about?
Mayor Suarez: Yes. I understand that at least four million of what they
Mr. Odio: I think, Commissioner De Yurre, can address it, because the Sports
Authority had been the lead in this negotiation because of the...
Commissioner De Yurre: Yes. We've been working on that and basically, we
want to be assured of the fact that that money is going to be available for a
baseball park.
Mayor Suarez: I know. Our biggest concern is to make sure that there is a
fifty million dollar bondable amount there for major league baseball, but I
Commissioner Plummer: Well, would it not be, Mr. Mayor, advantageous to this
City at this point, to tell the County Commission, of the one cent sales tax
that they are proposing to bail themselves out, that if the people of the City
want... they want the favorable vote, we want a portion of that sales tax to
address our problem.
Mayor Suarez: Yes. Except that you know what's going to happen if you go and
make that presentation, or if you tell the general public, or anybody that,
what's going to happen is that you are going to be identified as wanting that
to pass, and I don't want...
Commissioner Plummer: Oh, I'm not necessarily saying that's the case. You
know, the only good thing about sales tax is forty percent of it is paid by
outsiders.
Mayor Suarez: If I were you, I would leave it alone until November.
Commissioner Alonso: The safe part, it will be voted against.
Mayor Suarez: I will leave it alone until November, Commissioner, and then...
Commissioner Plummer: You mean when it passes?
Commissioner Alonso: When it does not pass.
Commissioner De Yurre: No. Until November of '91, then you can open up your
mouth on the issue.
Mr. Odio: It won't pass.
40 September 27, 1990
�I,i,r.1HA � ��
a
AYES:
••■llui 11111 n 111,11 11,111111 All 111111111 III II II IlI
I(
Mayor Suarez: I would leave it alone, but it's up to you, how you want to
handle it. All right.
Ms. Matty Hirai: Mr. Mayor.
Mayor Suarez: Yes.
Ms. Hirai: I need to call the roll on that, may I?
Mayor Suarez: I'm sorry?
Ms. Hirai: I need to call the roll on that.
Commissioner De Yurre: What are we voting on?
Ms. Hirai: It was read but the roll was not called.
Mayor Suarez: On item 6, we have a motion and a second.
Ms. Hirai: Yes, sir.
Mayor Suarez: We've read the ordinance, please call the roll.
AN ORDINANCE -
AN ORDINANCE ESTABLISHING APPROPRIATIONS FOR CITY OF
MIAMI CAPITAL IMPROVEMENTS; CONTINUING AND REVISING
PREVIOUSLY APPROVED SCHEDULED CAPITAL IMPROVEMENT
PROJECTS, ESTABLISHING NEW CAPITAL IMPROVEMENT
PROJECTS TO BEGIN DURING FISCAL YEAR 1990 -91;
REPEALING PROVISIONS OF ORDINANCE NO. 10642, AS
AMENDED, THE FISCAL YEAR 1989 -1990 CAPITAL
IMPROVEMENTS APPROPRIATIONS ORDINANCE WHICH MAY BE IN
CONFLICT WITH THIS ORDINANCE; AND PROVIDING
CONDITIONS, AUTHORIZATIONS AND DIRECTIONS TO THE CITY
MANAGER AND CITY CLERK.
Passed on its first reading by title at the meeting of September 7,
1990, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Alonso, seconded by Commissioner Plummer, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10782.
41
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.
September 27, 1990
. III1I,.1
42
13. DIRECT ADMINISTRATION TO OBTAIN FINANCIAL ASSISTANCE FOR REPAIRS OF
MURALS IN CULMER /OVERTOWN LIBRARY FROM: (a) ART IN PUBLIC PLACES
COMMITTEE OF METROPOLITAN DADE COUNTY; (b) THE FACADE IMPROVEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT MONIES; OR (c) DEVELOPERS WHO HAVE
BUILT HOMES IN OVERTOWN /PARK WEST.
Mayor Suarez: Item 7. Vice Mayor Dawkins' request. Community Action Agency.
Mr. William Johnson: Morning, Mr. Mayor, and Commissioners. My name is
William Johnson, I am the vice president of the Culmer /Overtown CA (Community
Action) Advisory Committee, and Culmer NSE (Neighborhoods Services Center)
Advisory Committee. I'm here this morning to make a request about our
library. The outside of our library is in dire need of being repainted. Some
years ago the library was painted and we had a local artist by the name of
Perb Bej Young to draw historical artwork on the exterior of the library and
also inside. Since that time, this has flaked off, and I've been in
consultation with the library officials. The library department is willing to
completely paint the exterior of the building at a cost of $15,000. But what
we would like to have is for Mr. Young's works to be restored on the outside
of the building and that would cost $5,000 for his services and a $1,000 for
the paint and the materials that he would need for scaffolding, et cetera.,
This was to be incorporated, I understand, within the Heat project, but since
that has gone by the wayside, I'm before this Commission today to ask you to
allocate that amount so that we can restore our library back to the beauty
that it was before. As you know... as you realize the library is a mecca and
a beacon light for our young people in the Overtown area. They come there
every day to read and to learn, and we want to have it so it will be a thing
of beauty and also something of historical value.
Commissioner De Yurre: Let me ask you. What's the size of the building?
Mr. Johnson: The size of the building?
Commissioner De Yurre: Yes.
Mr. Johnson: I'd hate to guess, Commissioner. It's a...
Vice Mayor Dawkins: About twice the size of this room.
Mr. Johnson: About twice the size of this room.
Commissioner De Yurre: You know, $15,000 sounds like a steep amount, to
paint.
Mr. Johnson: I'm not asking this Commission, fifteen thousand.
Commissioner Plummer: Well, let me... can I? Let me ask this question,
because I was watching the budget hearings of the County the other night. Are
you part of Dade County Library system?
Mr. Johnson: No, sir.
Commissioner Plummer: Oh, you're not.
Mr. Johnson: No, sir.
Commissioner Plummer: You don't get any funds from them?
Mr. Johnson: Do I get any funds from them?
Vice Mayor Dawkins: No, he means the library, Mr. Johnson.
Mr. Johnson: Or the library? - yes. The library is going to paint the
outside of the building.
Commissioner Plummer: But they have... what are the surpluses they have in
that fund? It is humongous, the surpluses they have in those funds. I heard
it on TV the other night, that they had tremendous surpluses in the library
fund.
September 27, 1990
•
•
Mr. Johnson: Commissioner, I couldn't answer that question for you, and give
you an honest answer. The only thing I know, is that in my consultation with
them, they have assured me that they will paint the outside of the building,
but the only thing that they won't do, is restore the artistic work that Mr.
Young has done. We, as a part of the Overtown Community would like to see
that artistic work remain, so that our children who come after us can see the
historical aspects of Culmer /Overtown.
Mayor Suarez: Isn't this a classic, in many ways, a classic Improvement
project, Mr. City Manager? I mean, we are able to provide for facade
improvement monies to private people, home owners, business owners, are we
not able to provide for facade improvement monies to a public facility of this
input?
Mr. Odio: I'll have to look into this, Mr. Mayor. I can't...
Vice Mayor Dawkins: Mr. Mayor.
Mayor Suarez: Vice Mayor Dawkins. What's wrong with Art and Public Places
providing the money to do the mural, which is art?
Commissioner Plummer: It's not a new building, it's rehab.
Vice Mayor Dawkins: You see, it's not a new building, but when you look at
the area where we're talking about, not a damn thing new in there. OK? So
you can't tell me to do it on a new building, where no new buildings have been
constructed in the last sixty years. See, somewhere along the lines, you
know, we have to deal with what we have.
Mayor Suarez: In fact, a...
Vice Mayor Dawkins: So now, I have no problems with going with... as a
representative from this Commission, with the gentleman to Arts in Public
Places and explain to them, that this is a building, and it is not a new
building, but it is Art in Public Places, and there are some youngsters in
that area who need no further than that area, who needs to be exposed to
artistic sort of things so that they can see them. Now, I don't know.
Mayor Suarez: And if Arts in Public Places doesn't do it, I would hope that
Facade Improvement Community Development Block Grant monies would, and if not,
I would hope the tax increment funds from Overtown/Parkwest, who we have a
pending dispute as to the proper use of those funds, and I guarantee you that
Vice Mayor Dawkins: How much is it, Bill?
Mr. Johnson: Six thousand.
Vice Mayor Dawkins: All right, first. Let's attempt to force Art in Public
Places to do it, Mr. Mayor. Then if Art in Public Places does not do it,
let's see if we can do it through what you just said. If that doesn't work,
then the five of us up here will lean on the developers who have built the
homes in Overtown /Parkwest to come up with the six thousand dollars. That
will be a request from the five Commissioners up here, and I don't think that
they will turn down a request from all five of us.
Commissioner Alonso: That's right.
Mayor Suarez: Particularly when they could conceivably be applied to that
project, the requirement of Arts in Public Places percentage, which the last
time I checked, I think was one and a half percent, and that would be quite
complicated for them, because that project is already up to about a hundred
million dollars. I don't know how they have been exempted from it, actually,
but I'm not sure that I want to get into that.
Commissioner Alonso: And do the only cover for new buildings?
Commissioner Plummer: Yes, Art in Public Places, yes.
Commissioner Alonso: I didn't know that. Then they have to change the
wording a little bit, because it's art, it's art.
43 September 27, 1990
Mayor Suarez: And restoring art is...
Commissioner Alonso: And restoring art to me, is of great importance.
Mayor Suarez: In fact, some of the best art work, we kind of wish they would
restore a little more of the old art and produce a little bit less of the new
stuff, as far as I'm concerned.
Commissioner Alonso: Of course.
Mayor Suarez: Any event, we have a motion. Is that in form of a motion.
Vice Mayor Dawkins: I move, yes, I moved it.
Mayor Suarez: So moved.
Commissioner Plummer: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following motion was introduced by Vice Mayor Dawkins, who moved its
adoption:
AYES:
MOTION NO. 90 -718
A MOTION DIRECTING THE CITY ADMINISTRATION TO TRY TO
OBTAIN FINANCIAL ASSISTANCE FROM THE "ART IN PUBLIC
PLACES COMMITTEE" OF METROPOLITAN DADE COUNTY IN
CONNECTION WITH NEEDED REPAIRS OF MURALS LOCATED ON
THE CULMER /OVERTOWN LIBRARY; FURTHER DIRECTING THE
CITY ADMINISTRATION TO ALSO TRY TO IDENTIFY FUNDS
THROUGH ASSISTANCE THROUGH THE FACADE IMPROVEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, IF THE "ART
IN PUBLIC PLACES COMMITTEE" DOES NOT PROVIDE ANY
FINANCIAL ASSISTANCE IN CONNECTION WITH SAID MATTER;
FINALLY STIPULATING THAT IF THE AFOREMENTIONED
INITIATIVES FAIL, THEN THE COMMISSION SHALL RESERVE
THE RIGHT TO LEAN ON THE DEVELOPERS WHO HAVE BUILT
HOMES IN OVERTOWN /PARK WEST TO COME UP WITH THE SIX
THOUSAND DOLLARS ($6,000).
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS AFTER ROLL CALL:
Vice Mayor Dawkins: Go with the Manager and find out what we're supposed to
do, Bill.
Mr. Johnson: I will.
Vice Mayor Dawkins: Go over there, now.
Mr. Johnson: Mr. Mayor, Commissioners, thank you.
Mayor Suarez: Mr. Johnson, thank you.
44 September 27, 1990
14. REFER TO WATERFRONT BOARD REQUEST FROM CELEBRATION EXCURSIONS OF MIAMI,
INC. TO CONSTRUCT AND OPERATE A TICKET BOOTH AT DINNER KEY MARINA -
DIRECT ADMINISTRATION TO REVIEW OFFER.
Mayor Suarez: Item 8. Celebrity Celebration Excursions of Miami.
Mr. John Thomas: Mr. Mayor, Commissioners, I'm John Thomas, I'm at 3037 SW
4th Avenue in the City of Miami, and I am an attorney representing Celebration
Excursions. I have with me here, Mr. Mike Dudik, who is the president of
Celebration Excursions, and he would like to explain what he is asking for
today.
Mr. Michael Dudik: OK. My name is Michael A. Dudik and I am president of
Celebration Excursions of Miami Inc., and we are located at 3239 West Trade
Avenue, Coconut Grove, Florida. In the issues I'm bringing up in just a brief
background, I've been in this City for the past eight and a half years,
operating charter vessels. Have started with a 31 foot vessel and have built
it up to an excursion /dinner cruise boat of approximately one hundred and
fifty passengers, which we have operated on a test program in the City of
Miami, for the past two winters.
Mr. Odio: Mr. Mayor, if I may, excuse me.
Mayor Suarez: Yes, if you could cut through this, it would be helpful. I
mean, I...
Mr. Odio: It might be helpful, and I think as a matter of procedure, since
you do want to respect the Waterfront Board, that they review this and then
come back after they have seen this, since we had agreed in the past that the
Waterfront Board will review things like this, and then come back and put it
on the agenda.
Mr. J.W. Wellington: Mr. Dudik is on the agenda for next Tuesday evening, for
the Waterfront Board meeting. We'll be glad to review it and have it for you
next...
Mayor Suarez: Make a recommendation?
Mr. Wellington: ... Commission meeting.
Mayor Suarez: OK.
Commissioner Plummer: Well, would it not be possible, since he is here to let
us hear what he is going to say, then you hear it and come back... we will not
make a decision today, but it will cut through the next hearing and make it
very simple.
Mr. Wellingotn: Yes. Just want you aware, that he was... had applied to the
Board.
Mayor Suarez: OK. If you want to complete the presentation, so we have an
idea.
Mr. Dudik: OK. Thank you. We have for the past two years again, operated
the original Celebration, which is a hundred and fifty passengers in the City
of Miami. And operated very successful and with a very excellent track record
in your City. We have got a lot of run arounds in trying to make and complete
operation, and my main reason why I am here today is because I was recommended
by the marinas to go to the Commissioners, and set it up with the
Commissioners of a meeting of September 5th. So, I did present a package, I
think to all the Commissioners, and Albert Ruder, director and also, Public
Works, who Public Works has been very helpful in suggesting, and giving me
recommendations of what they would like to see conform to the City. But
basically, what we are looking for is in two segments. One is Dinner Key
Marina, Coconut Grove. We now hold a permanent dockage agreement there, we do
pay dockage now for that marina, and just for the record, we have paid in the
past eight years in excess of a hundred and fifty thousand dollars ($150,000)
to the City, in dockage for a variety of boats that we charter out at Dinner
45
September 27, 1990
to
Mr. Dudik: I understand about the rebuilding.
Key. But what we are looking for out of Dinner Key Marina, (a) is to build
and operate a purchase ticket booth in approximately 8 x 10 size to be built
at our cost, and accepted by the City as a donation. With the improvements,
we are also looking to instal two dolphin pilings along the commercial wall
and in your package, I think, you will find there is a diagram of the marina
in there, that would show the locations of where we are looking for. With the
improvements of that, we are also trying to go into, which is phase two,
inner - connecting Miamarina with Dinner Key in a public excursions dinner
cruise boat, and if any body here has any knowledge of any dinner cruise boats
in this City, it would surprise me. The City of Miami, as of this date, has
no open dinner cruise boats that operates in the inner - coastal waterways of
Miami, whatsoever. And just for the record, I am from Ohio, I came to Miami
for the water, I am a love of sailor and I fell in love with... on a vacation
here, back in 1979, and add this is my reason to being here. But our main
interest also is to secure a permanent dockage agreement at Miamarina, which
will be part two, is what we are looking for, which we have had promises for
the past two years...
Mayor Suarez: When you say permanent, make sure that you understand that we
are not going to involve ourselves in anything that's quite that permanent, I
guess.
Mayor Suarez: Permanent as opposed to, you know, for a couple of months or
whatever, I suppose.
Mr. Dudik: OK. Let me correct that. We are looking for a location at
Miamarina that we could pull in on a year round basis, and in my hands, I do
have the original blueprints, the boat is under construction, we are building
a new vessel to stay in the City of Miami on a year round basis. We're
spending approximately a million dollars on the vessel. Her arrival will be
in April. The arrival of the original boat will be here November 5th of this
year.
Mayor Suarez: The only other problem with all of this, if I may go a little
bit on a tangent here, is, you're going to put out of business a certain
fellow who has a hydrofoil I think, that wanted to do a lot of the same thing.
Mr. Thomas: We're not competing with that certain fellow's hydrofoil.
Mayor Suarez: You're not competing with Mr. Sorg - I just want to make sure.
Mr. Thomas: We think that we compliment each other. We're talking about a
slow boat ride, taking people out for a slow tour.
Mayor Suarez: All right. Anything further?
Mr. Dudik: So basically, my two requests are (a) Dinner Key Marina, for the
construction of the booth and approval of donation to the City, and (b) to
secure a permanent dockage agreement along the inner -key quay wall of
Miamarina.
Commissioner Plummer: Are you going to build the booth?
Mr. Dudik: Yes, sir.
Commissioner Plummer: At your expense?
Mr. Dudik: Yes, sir.
Mr. Odio: On the second issue, that's on the contract with the Rouse Company,
and it's not as simple as you coming here and saying that you are going to get
a permanent dock in there, and I think we have told you that in the past,
right?
Commissioner Plummer: Well, hold on. There is an alternative. The Bayfront
Park Trust, has a dock that we can rent out. OK? - as a temporary situation.
So, there is more than one alternative, but just to remind you, there are no
free rides.
46
September 27, 1990
Mr. Thomas: No free rides are being asked, Commissioner The problem we've
had is that there are three entities, Rouse Company, the City of Miami, and
our business, and it's been awfully hard to get these three legs of the stool
sitting together at the same time. What we are coming here to do, is to
advise the Commission that we've got a million dollar boat that's coming into
the City. We'd like some sort of enthusiasm from the City to invite us in and
to help us reach an agreement with those three parties. That's what we've been
lacking, and I don't think it's the intention of the City not to have us run
out of that Marina, but in fact, we've had a great deal of difficulty getting
everybody to sit down and hammer it out..
Mayor Suarez: And it really shouldn't be that way, it really, John, it
shouldn't be that way. It should be something that the Manager can work out
quite easily, you know, getting the three parties at the table.
Mr. Dudik: I have been attempting to do that with the Marinas office for the
past two , excuse me, two years.
Mayor Suarez: With whom?
Mr. Dudik: The Marinas department. Parks and Recreation.
Mayor Suarez: Well, call the Manager.
Mr. Dudik: Pardon?
Mayor Suarez: Call the Manager's office.
Mr. Dudik: I'll be more than happy to.
Mayor Suarez: You've got your attorney and he is well known around City Hall,
I mean...
Commissioner Alonso: Mr. Mayor, I have some questions.
Mayor Suarez: Yes, Commission Alonso.
Commissioner Alonso: The vessel will be ready, when?
Mr. Dudik: The original celebration will be here November 5th for the winter
seasons operating inner - connecting Miamarina, Ft. Lauderdale and Dinner Key
Marina, and the new vessel will be arriving, April of 1991, and that will be
staying here on a year round basis.
Commissioner Alonso: The vessel you have used, you mentioned two years? -
'88/89.
Mr. Dudik: Correct, the Celebration.
Commissioner Alonso: Do you own that vessel or you rent?
Mr. Dudik: I have leased that vessel on the past two years as a test program
to see if this City would support it, and if this City would approve of such a
watersport, shall I call it. And dinner cruises, public excursions open to
the public, and it has been very very open and very very appreciated by the
people that we deal with - we do a lot of corporate parties.
Commissioner Alonso: And the new one, you own? - it's yours?
Mr. Dudik: The new vessel I will own year round and financing, construction,
and everything is underway at this time, being built in La Cross, Wisconsin,
delivery again, in Miami, April '91.
Mayor Suarez: OK. We're going to get a report...
Mr. Thomas: We'll be glad to go back to the Waterfront Board and the Manager,
if required, we just thought it would be necessary to bring this to your
attention, particularly regarding the booking booth which does require the
Commission action.
Mayor Suarez: What requires Commission action, John?
47
September 27, 1990
Mr. Thomas: The booking booth. Because we are building with our money on
City property as a donation to the City, and that will require Commission
action.
Mayor Suarez: Should we take any action on that at this point, Mr. Manager?
Mr. Odio: I would suggest they go to the Waterfront board first.
Commissioner Plummer: Yes, likewise.
Mayor Suarez: OK. Thank you then, for the presentation and we'll hear from
you after the Waterfront board is ready to make its recommendation.
Mr. Wellington: Thank you, very much.
15. GRANT REQUEST BY BAND LEADERS ASSOCIATION FOR REVISION OF PARADE ROUTE
CONCERNING SIXTH ANNUAL CARIBBEAN - AMERICAN FESTIVAL EVENT.
Mayor Suarez: Item 9. Mr. Lewis.
Commissioner Plummer: If you want, I could cut through this.
Mayor Suarez: Yes.
Mr. Selman Lewis: Good morning, Mr. Mayor.
Mayor Suarez: Commissioner Plummer has some suggestions to expedite this.
Commissioner Plummer: Oh, I'm sorry, no, I'm sorry, Mr. Mayor, Excuse me, I
was on the next item.
Mayor Suarez: OK.
Commissioner Plummer: Actually item 11, I could cut through.
Mayor Suarez: OK, Mr. Lewis, go ahead.
Mr. Lewis: I'm here this morning, Mr. Mayor, to... on behalf of the South
Florida Bandleaders Association with their Caribbean American Carnival 1990.
Some months ago, I came before the Commission and had an approval on street
closures and the sale of beer and wine and what not, and the use of
Bicentennial Park. What I am here this morning to request, is an adjustment
to the street parade route from the City Commission, and that's all.
Commissioner Plummer: And what route do you want to take and how long will
you tie up the streets, and what day of the week is it?
Mr. Lewis: It's on a Sunday, Commissioner. What had been approved
previously, is NE 36th Street, 2nd Avenue, all the way down to 8th Street,
which required closing of streets east and west of NE 2nd Avenue. What has
been recommended by the police department, we have now entertained and we are
doing NE 2nd and 36th and 19th, east on 19th of North Bayshore Drive, so you
don't have the closures and the cost involved and it is easier access for the
flow of the parade.
Commissioner Plummer: And the cost involved, you will assume all cost?
Mr. Lewis: Yes.
Commissioner Plummer: Payable in advance?
Mr. Lewis: Yes, sir.
Commissioner Plummer: Mr. Manager.
Mr. Odio: I recommend...
Vice Mayor Dawkins: So moved.
48
September 27, 1990
Mayor Suarez: Moved.
Commissioner Plummer: Well, there are other people here, I guess, that want
to speak.
Mr. Keith Carter: Yes, sir. Good morning, sir. Mr. Mayor, Mr, Deputy Mayor,
Commissioners, my name is Keith Carter, I live at 19340 NW 4th Avenue in
Miami. We are here, sir, to raise a couple of objections against this group
that has been submitting applications for the carnival celebration that is
taking place in Miami. We have copies of certain applications they have
submitted, claiming that they are having the Sixth Annual Carnival in Miami
and this, sir, is a misrepresentation and misleading to all the bodies or any
group that has been submitted to. We are the bonafide group that has been
having carnival in Miami for the last six years, and all the applications that
have been sent through, and I know that we have been here before with the
problem...
Vice Mayor Dawkins: Mr. Mayor, I move that this be turned over to the Manager
for the Manager and staff to meet with these two groups and come back and let
us know which group is the bonafide group.
Mr. Carter: Thank you, sir.
Mayor Suarez: Have you got a determination on that?
Mr. Odio: Yes.
Mayor Suarez: It seems like this is not the first time we have a...
Mr. Odio: Commissioner, that group went to Miami Beach some time ago and this
is the group we have been dealing with and that's why I recommended them, so,
I mean, they can oppose anything they want, but I recommend them.
Vice Mayor Dawkins: Sorry, I withdraw my motion.
Commissioner Plummer: Well, are we really talking about which group is
bonafide or which group has legally put in an application, paid their deposit,
and first in line? OK, I'm just asking, is that really what we are
determining?
Mr. Odio: This is the group that we recommend and we have been...
Vice Mayor Dawkins: I'm going with the Manager's recommendation, we pay him
to recommend and, therefore, I have to go with his recommendation,
Commissioner Plummer.
Mayor Suarez: Yes. And sir, on anything having to do with any claims that
anybody has taken, either an idea or a name or a trade name or a trademark, or
whatever, away from you, you certainly have recourse in court, but not here.
Commissioner Plummer: Take them to court.
Mayor Suarez: We are satisfied that this group has the wherewithal to put
together the festival that at least some of the principles are the same, maybe
all of them, and we're going to go with the City Manager's recommendation. If
you want to make a last statement, go ahead.
Mr. Carter: No, sir. Except to say that we do have it in court, sir, we do
have it addressed as a court matter and that we feel that, the reason why we
ourselves had to move from Miami Beach, from Miami City, is because of this
same problem. It was recommended...
Mayor Suarez: We remember it.
Mr. Carter: Yes, sir. Very well, sir. It was the recommendation...
Mayor Suarez: Actually, we are kind of pleased that both jurisdictions are
having a similar festival and that you're not going to have this problem every
year, we hope.
Mr. Carter: Well sir, there is a...
49
September 27, 1990
Mayor Suarez: But if you have any problems with them as a group or their
entity, or their agency, or any allegations, or any impropriety, don't
hesitate to let our City Manager know, and of course, you may have a court
remedy. All right?
Mr. Carter: OK, sir.
ABSENT: None.
RESOLUTION NO. 90 -719
EF
Mayor Suarez: Thank you. Good luck with your festival on Miami Beach. We
have a motion and a second. Any discussion? If not, please call the roll.
The following resolution was introduced by Vice Mayor Dawkins, who moved `
its adoption:
A RESOLUTION AMENDING RESOLUTION NO. 90 -460, ADOPTED
JUNE 7, 1990, BY CHANGING STREET CLOSURES FOR THE
CARIBBEAN AMERICAN CARNIVAL DAY CONDUCTED BY THE SOUTH
FLORIDA CARNIVAL BANDLEADERS ASSOCIATION, INC. ON
SUNDAY, OCTOBER 7, 1990.
(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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
16. REQUEST MANAGER TO TRY TO ASSIST HIGH -Q ELECTRIC, INC. IN CONNECTION
WITH ITS OUTSTANDING DEBT ON CONTRACT AT POINCIANA VILLAGE DEVELOPMENT
WITHOUT THE CITY ASSUMING ANY RESPONSIBILITY.
Mayor Suarez: Item 10. Is this gentleman here with the magnificent last name
of Suarez?
Vice Mayor Dawkins: He can't vote, it's a conflict of interest.
Mr. Bob Suarez: Are we cousins?
Vice Mayor Dawkins: Yes, he can vote, it's a conflict of interest.
Mr. B. Suarez: Yes. I'm Bob Suarez...
Mayor Suarez: You know, Mr. Suarez, I had this put on the agenda at your
request, but I wonder if we don't have a report from the Manager as to what is
the correct procedure, if somebody has a claim against one of the developers,
presumably...
Mr. Odio: I think it should go...
Mayor Suarez: ... at a project that is not built by the City, but is
certainly sponsored by the City.
Mr. Odio: But we don't have anything to do with this at all, Mr. Mayor, and I
think it should go...
Mayor Suarez: OK. Why would this Commission have anything to do with your
dispute with a developer, I guess, at Poinciana Village, if you can tell us
that. Give us your name and address.
50
September 27, 1990
Mr. B. Suarez: All right. My name is Bob Suarez and I am president of what's
left of High -Q Electric, and I come here through the office of the minority,
as Adrienne McBeth... Is anybody here from the MacBeth office? She is the one
that suggested that I come to you.
Mayor Suarez: The office of minority procurement of the City suggested that
you...
Mr. B. Suarez: Correct. All this business has been conducted through the
office of the minority procurement. It was at the time my wife was a
president, it was a female business enterprise, this project is a minority
project. I've been represented all the time by the offices of Adrienne, as
well as the contractor's development, and up on 7th Avenue.
Mayor Suarez: OK. That makes you a good guy. Now, what about this claim?
Mr. B. Suarez: Well, I am a minority, I don't know if you ever heard of the
description of a minority, as trying to swim with the sharks, which are the
developers. The problem is, the developers...
Mayor Suarez: Why should the Commission be involved in this claim or this
dispute that you have with the developers - which developer is it by the way?
Mr. B. Suarez: Indian River Investment. There has been all kinds of problems
with that job. Here is the plumber, and he is here also, he is owed five
thousand dollars, I'm owed ten thousand four hundred and forty dollars and we
have...
Mayor Suarez: Did you file all the proper notices to owner, claims of liens,
et cetera?
Mr. B. Suarez: No. There has been... we filed notice to owner and all the
problems we had, we failed to proceed with a lien, we don't have a lien on the
property, and that's a big problem with us right now.
Commissioner Alonso: You don't have a lien on the property?
Mr. B. Suarez: I do not have a lien on the property. The contractor, the
general contractor which is a woman, she was plagued with all kind of
problems. I have letter here which I can present to your offices
individually.
Mr. Odio: Mr. Mayor, I don't think you should hear this, I don't think we
should get involved.
Mayor Suarez: Are you sure you're not in the wrong forum? - that you
shouldn't be in court? - instead of the Commission. We don't...
Commissioner Plummer: We can't give you a lien.
Mayor Suarez: Yes. We can't have a ,judgement against anybody, we, you
know...
Mr. B. Suarez: Well, isn't this involvement of the City of Miami? This is a
Poinciana Village project which does work for the Miami Arena.
Mayor Suarez: Well, we're kind of sponsors of it, we have a long term lease
in that land, but the development of it is done by private contractors.
Mr. Suarez: I understand. All the bidding...
Mayor Suarez: We help to obtain a lot of the federal funding for it and so
on.
Mr. B. Suarez: OK. All the bidding and everything was conducted to the
office of Sabrina Bouie, which is also the City of Miami and everything was...
Mayor Suarez: Well, what about that, Mr. Manager? - to what extent were we
involved in the bidding?
51
September 27, 1990
Mr. Odio: We were trying to make sure... our role is to try to make sure that
we have minority participation.
Mayor Suarez: There is a sufficient minority participation.
Mr. 0dio: We have no obligation whatsoever, we have nothing to do with the
contractor or any of his bills, or subcontractors, or anything else, and this
is not...
Mayor Suarez: OK. But we will do this, since we had involvement to that
extent, and unless any Commissioner has a problem, we would like, I would like
the manager to look at it and see if he can't, just on an... without
obligation, try to negotiate with a principal developer of a principal
project, a large project where the City has a great involvement, but we have
no involvement on the legal claims here.
Commissioner Plummer: Let me ask a question.
Mr. B. Suarez: I understand. High --Q Electric also, is within the City of
Miami. I am a resident, and my company was within the City of Miami, and I,
you know, I need help.
Mayor Suarez: But, we're not the court to decide claims just because it's a
City of Miami resident, that's why we have a judicial system.
Mr. B. Suarez: No, I understand.
Mayor Suarez: All right.
Mr. B. Suarez: And I need...
Commissioner Plummer: Question.
Mayor Suarez: Yes, Commissioner Plummer. Wait, sir.
Mr. B. Suarez: Yes.
Commissioner Plummer: Has the principal of the developer stated why they
won't pay you? Is it because they don't have the money or are they claiming
that you didn't do what you were supposed to do?
Mr. B. Suarez: All right. No, to both questions. The job is completed, I
have final electrical, there is a CO (Certificate of Occupancy) on the
building. The general contractor which is a woman minority, under the
minority that she was plagued with all kind of problems and lack of payment on
the contractor and she just disappeared. Now, under the laws of
construction...
Commissioner Plummer: She disappeared?
Mr. B. Suarez: She disappeared. The developer, owes her money. She
disappeared, she had a heart attack, and I wish Adrienne MacBeth was here,
because I have a letter here that...
Commissioner Alonso: That's a good reason to disappear.
Commissioner Plummer: Excuse me, that's an individual. What about the
company?
Mr. B. Suarez: Disappeared.
Commissioner Plummer: The company disappeared?
52
Mr. B. Suarez: She, for all that is known, and is in quotes, she is a Mexican
descent and she disappeared. Perhaps, even from the country.
Mayor Suarez: All right. This is all quite interesting. Unless any
Commissioner has any more questions, and I strongly suggest they leave this to
the Manager to see if there is any negotiating to be done by the City, if not,
you'd have to go to court.
September 27, 1990
Mr. B. Suarez: So, no, we all have been left in the lurch, that's the big
thing.
Mayor Suarez: Right. And unfortunately, that happens in the business world,
but we're not the proper forum to resolve these claims.
Mr. B. Suarez: What should be my next step then, with the City?
Mayor Suarez: Well, for myself, would like the Manager to investigate this
and see to what extent he may be able to negotiate with the developer to get
you some relief, but again, on a voluntary basis. We have no obligation in
this, sir.
Commissioner Plummer: You know, I got a concern, not for this gentleman, but
if in fact what he has stated is true...
Mayor Suarez: That a general contractor has sort of disapp...
Commissioner Plummer: No, no, no. That we were involved through our minority
program in all of the bidding procedures...
Mr. Odio: We are not involved.
Commissioner Plummer: ... wait a minute now, hold on.
Mr. Odio: We didn't have bidding procedures. We did not go out on bids on
anything, we just wanted to make sure that...
Mayor Suarez: To what extent did we monitor the bidding? - the Commissioner
is asking, Mr. Manager.
Commissioner Plummer: That's what I'm saying.
Mr. Odio: We did not monitor anything. We just made sure that the
arrangements we had with Indian River as far as minority participation was
concerned, was complied with, period. That's the extent of the City's
obligation.
Mayor Suarez: We monitor the bidding process to determine compliance with
minority participation.
Mr. Odio: We did not know anything about bidding, we did not know when he got
his job, we...
Mayor Suarez: Is that a correct statement? Did we monitor the bidding
process to assure compliance with minority participation?
Mr. Odio: No. No, we didn't.
Commissioner Plummer: Well, he said we do?
Mr. Odio: No. We did not monitor that process.
Mayor Suarez: We just referred minority vendors over there, by minority
subcontractors, is that what you're saying?
Mr. Herb Bailey: The only thing we do, is to see if the developer is
complying with our minority requirements, and have minority subs or
contractors on the job.
Mayor Suarez: That's what I said.
Commissioner Alonso: That exactly what he asked.
Mayor Suarez: We monitor the bidding process to make sure that there is
minority...
Mr. Bailey: No. It is not a bidding process. We do not monitor the bidding
process, we get a report...
Mayor Suarez: Well, the outcome of the bidding process, Herb.
53
September 27, 1990
Mr. Bailey: We get a report afterwards to see if they have minorities on the
job, that's all.
Mayor Suarez: All right,. And I presume we get reports before, too.
Mr. B. Suarez: Excuse me. I had an invitation to bid from City of Miami. My
bids were turned in and opened at the Dupont Plaza building, and was opened by
Sabrina Bouie, and it was turned in to City of Miami.
Mayor Suarez: Well, Mr. Manager, you're going to do more than see it. Wait,
wait, sir. You're going to do more than see. You're going to report back to
us whether the bids were opened by our employees as he alleges, or not. And
he has even given us the name of somebody that I know to be a City employee.
You're going to report back to us on that.
Mr. B. Suarez: Yes. Thank you, very much.
Mayor Suarez: Because I think Commissioner Plummer is interested, I'm
interested, we are all interested in making sure that... what the City's
involvement is in the bidding process.
Commissioner Alonso: We certainly are.
Vice Mayor Dawkins: Not that we assume the responsibility.
Mayor Suarez: Again, again, not that we are assuming any responsibility, but
to make sure that we don't.
17. GRANT FUNDING REQUEST IN SUPPORT OF AMERICA 500 YEARS LATER - ALLOCATE
$5,000 FROM INTERNATIONAL TRADE BOARD'S FY'90 BUDGET UPON THEIR
ACHIEVING NON- PROFIT STATUS.
Mayor Suarez: All right, item 11. America 500 years later.
Commissioner Plummer: Mr. Mayor, Mr. Mayor.
Mayor Suarez: Yes, Commissioner Plummer. I see Ambassador Asencio her.
Commissioner Plummer: This is an approval of the International Trade Board.
It is basically the remaining funding that we have for this current year. We
have recommended to this Commission, for this activity, that the amount of
$5,000 be allocated to this group. They will make a presentation of what they
hope to do, but that is all of the funds that we have, and we have recommended
the balance of approximately $5,000 be allocated.
Vice Mayor Dawkins: So moved.
Mayor Suarez: So moved.
Commissioner De Yurre: Second.
Mayor Suarez: Seconded. That is in the fiscal year budget of this year or
next year?
Commissioner Plummer: This year, sir.
Mayor Suarez: This year that's about to end, so I guess...
Commissioner Alonso: Do we have any money left in economic development for
this kind of project, Mr. City Manager?
Mr. Odio: Excuse me?
Commissioner Alonso: Do we have any money left at the end of the fiscal year
from ?...
Mr. Odio: Of this year?
54
September 27, 1990
Commissioner Alonso: Yes.
Mr. 0dio: I think that's the balance that they had, five thousand.
Commissioner Alonso: No, no. I mean from the...
Commissioner Plummer: No. That's ITB, (International Trade Board) she is
asking economic development.
Commissioner Alonso: Yes, economic development.
Vice Mayor Dawkins: She means in your budget. Since you don't seem to
understand, I'll help you.
Mr. Odio: I have to look and see what I can... I don't believe so.
Commissioner Plummer: Just for the record, there was a question, and
Ambassador, I would hope that you would clarify it. At the meeting of the
ITB, it was in fact insisted upon that you become a nonprofit corporation, and
I understand that has been done.
Mr. Diego Asencio: We have complied with that, Commissioner. Yes, sir.
Commissioner Plummer: That nothing would be allocated in the way of funds
until that nonprofit is established.
Mr. Asencio: We've complied with it.
Mayor Suarez: Before we vote, ambassador, would you put your name and address
on the record, so that she can identify.
Mr. Asencio: OK. I'm Diego Asencio, and my address is 3915 Biscayne
Boulevard, but I would like to ask my colleague, Ms. Diaz - Oliver to begin our
presentation, if I could.
Vice Mayor Dawkins: We already gave you the money.
Mayor Suarez: We're about to vote.
Vice Mayor Dawkins: Yes, we've already given you the money.
Commissioner Plummer: I would strongly suggest you take your vote and run.
Mayor Suarez: Remedios knows our system here. You can sort of... momentum
can turn against you, if you enlarge a presentation when you're about to win.
Vice Mayor Dawkins: Take the money and go. Call the roll.
Ms. Diaz - Oliver: Well, Mayor Suarez, give me two minutes.
Vice Mayor Dawkins: No, thank -yous have to be given to us.
Ms. Remedios Diaz - Oliver: Thank you, Mayor Suarez, Vice Mayor Dawkins,
Commissioners Alonso, De Yurre and Plummer, it is with great pleasure and
pride that we introduce to you, America 500 Years Later. I would like to
introduce also, Ambassador Diego Asencio. Diego Asencio was elected by
congressional appointment, chairman of the commission for the study of
international migration and comparative economic development on July 1, 1987.
He served as ambassador to Brazil from 1983 through 1986. He is a career
minister in the senior foreign service. In February 1980, he was the
ambassador to Colombia, and was kidnapped and taken hostage by a group of
political terrorist in Bogota. He was released after sixty -one days of
captivity. He has served for the United States as an ambassador, not only in
Colombia but also worked in Mexico, Panama, Portugal, Venezuela and Brazil.
Mr. Asencio, will you please present to the Commissioners and the Mayor, and
the City Manager, America 500 Years Later, please?
Mr. Asencio: I really think, Mr. Mayor and Mr. Vice Mayor, and Commissioners,
I really would like to make sure that you are aware fully, of what we are
doing.
11111111/.1 1 111 111 1 1111 V 1 I1.
I 1.
1 II.} 1 1l
55
September 27, 1990
AYES:
Mayor Suarez: As a good diplomat, I think you know to take your winnings at a
particular moment and go home, but if you want to give us, very cap, sir, we
have ambassador, today, budget hearings, we have a very very controversial
ordinance...
Mr. Asencio: I understand.
Mayor Suarez: ... and really, we are in agreement with you. I think we all
know that celebration of 500 years of arrival in the shores of Europeans is
worthwhile from a cultural and otherwise standpoint of view. If you wanted to
say something briefly, please do.
Mr. Asencio: OK. I would also suggest that, what we want to point out is
that we are being highly topical and timely, in the sense that the trade fair
will have a promotion of free trade theme, and this meshes and dovetails very
nicely, not only with the recommendations of my congressional commission, that
suggested, for instance, the negotiation of a free trade agreement with
Mexico, but also the promotion of free trade associations with the rest of the
hemisphere, and of course, with the Mexican request for such an agreement, and
also with President Bush's Latin American initiative that would in fact,
promote such a prospect for the entire hemisphere. So what we are saying is,
that what we're trying to do is take advantage of a particular juncture in
history and mesh our own concerns here in Miami, and try to put Miami ns a
cutting edge, a geographic location to serve as a connecting link with the
rest of the hemisphere. Having said that, may I take another minute for my
colleague.
Ms. Diaz - Oliver: OK. As we are not going to make any presentation, because
you are very busy today, I would ask if the Mayor and the Commissioners pass a
resolution today allowing the City Manager to research the 1990 budget that
will expire next Sunday, in order to grant America 500 Later, up to fifty
thousand dollars. Thank you. You're busy, we are busy, good bye. That's all
you have to do.
Mr. Ascenio: Thank you, very kindly.
Mayor Suarez: The Manager has a standing resolution of approval to research
the budget anytime he wants.
Commissioner Plummer: Hourly.
Mayor Suarez: But as to the five thousand dollars, let's call the roll on
that allocation from this year's budget.
The following resolution was introduced by Vice Mayor Dawkins, who moved
its adoption:
RESOLUTION NO. 90 -720
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $5,000
FROM THE 1989 -1990 BUDGETED FUNDS OF THE INTERNATIONAL
TRADE BOARD, IN SUPPORT OF AMERICA'S QUINCENTENNIAL
CELEBRATION "AMERICA - 500 YEARS LATER."
(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:
Commissioner Victor De Yurre
Commissioner 3. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller 3. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE AFTER ROLL CALL:
56
September 27, 1990
Mayor Suarez: OK.
Mayor Suarez: We appreciate your interest in promoting this event and trade
with our community, in connection with the five hundred quincentenary
celebration of Columbus' discovery, and all the efforts of all the volunteers,
particularly who have worked so hard to make sure that Miami is at the cutting
edge, as you have stated, ambassador.
Mr. Asencio: Splendid, Mr. Mayor. Thank you, sir. Thank you, gentlemen.
Ms. Diaz - Oliver: Thank you.
Mayor Suarez: Thank you, Remedios, and I see you're in good company today.
18. (A) RESCHEDULE SECOND COMMISSION MEETING PRESENTLY SCHEDULED ON
NOVEMBER 22ND TO TAKE PLACE ON NOVEMBER 8TH, BEGINNING AT 2:00
P.M.
(B) RESCHEDULE DECEMBER REGULAR AND PLANNING AND ZONING CITY
COMMISSION MEETINGS TO BOTH TAKE PLACE ON THE DECEMBER 6TH.
Mayor Suarez: Item 13.
Mr. Fernandez: Twelve, Mr. Mayor.
Mayor Suarez: Twelve. Planning and Zoning Commission Meeting for November,
1990. What's the issue here that we need to ?...
Mr. Fernandez: Thanksgiving.
Mayor Suarez: It was otherwise going to be on the, what? - 31st? There is no
31st. What day was it going to be on? It's not up there.
Commissioner Plummer: Oh, obviously, it would have been on the 22nd.
Mayor Suarez: Twenty- second.
Commissioner Plummer: Which is Thanksgiving.
Mr. Fernandez: Well, actually, it would have been second and fourth. Fourth
would have been 29th, which coincides with the...
Commissioner Plummer: I'm sorry, the fourth would have been the 22nd.
Mayor Suarez: The fourth Thursday would have been the 22nd.
Mr. Fernandez: You're correct... would have been the 22nd.
Mayor Suarez: What's wrong with the 22nd?
Commissioner Plummer: It's Thanksgiving.
Mayor Suarez: That is Thanksgiving.
Commissioner Plummer: I would suggest, Mr. Mayor, that we hold it over until
the 29th, and the reason... excuse me.
Mayor Suarez: OK. I'll entertain a motion that that meeting be set for the
29th.
Commissioner Plummer: The reason I'm saying that is, traditionally, in
December, we've held two meetings in one day, so that we can all enjoy the
holidays.
Commissioner Plummer: So I would suggest that we give the Manager until the
29th.
Mayor Suarez: To get that agenda completed and carried out.
57
September 27, 1990
too
Commissioner Plummer: That is correct, sir.
Mayor Suarez: All right, so moved.
Commissioner Plummer: Yes.
Commissioner Alonso: Second.
Mayor Suarez: Second. Any discussion?
Commissioner De Yurre: Yes, we meet...
RESOLUTION NO. 90 -721
58
Commissioner De Yurre: Why don't we have one meeting in November? - put it
all together.
Commissioner Plummer: Because we do that in December and that kind of floods
the...
Commissioner De Yurre: Well, according to...
Mr. Odio: Let's try it.
Commissioner Alonso: One meeting in November.
Vice Mayor Dawkins: What's the meeting date for December, then? Let's do a
vote on that.
Commissioner De Yurre: That's the administration's recommendation, that we
can do it one meeting each month, and we'll be all right.
Commissioner Alonso: One in November and one in December.
Mayor Suarez: The one in November will then be the 8th? The first meeting in
November?
Mayor Suarez: OK. Mr. City Manager, you're not going to make that
recommendation now and have the meeting of the 8th be, you know, a huge
meeting that goes over twenty -four hours, and has hundreds of items.
Commissioner Plummer: Sixty items, maximum.
Mr. Odio: We'll control that, so that... I think we can have it.
Mayor Suarez: You're sure?
Mr. Odio: Yes.
Mayor Suarez: All right. A motion then to consolidate the November meetings.
We'll in October, take up the idea of the December being consolidated, but for
now, November, to be November 8th, both meetings.
Commissioner Plummer: So moved.
Mayor Suarez: So moved.
Commissioner Alonso: And second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
A RESOLUTION RESCHEDULING THE SECOND REGULAR CITY
COMMISSION MEETING OF NOVEMBER, 1990 TO TAKE PLACE ON
NOVEMBER 8, 1990 AT 2:00 P.M.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
September 27, 1990
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES:
NOES: None.
ABSENT: None.
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
Commissioner Plummer: Can I recommend to the administration with the
concurrence of this Commission, that the one meeting that you schedule in
December, that you do it early.
Mr. Odio: Early in this month.
Commissioner Plummer: Early in the month, so that we can all enjoy the
holidays.
Commissioner Alonso: Right.
Mr. 0dio: OK. Yes, yes. Great idea.
Commissioner Plummer: Like the first Thursday of the month.
Mr. Odio: I have the second Thursday of the month.
Commissioner Plummer: How about the first Thursday of December?
Mayor Suarez: Which is that, I'm sorry.
Commissioner Plummer: I'm saying, so that we can all enjoy the holidays, make
the meeting in...
Mayor Suarez: Sixth of December.
Commissioner Alonso: The 6th of December?
Mr, Odio: Make it the 6th of December.
Mayor Suarez: Yes. The early part of December.
Commissioner Plummer: Exactly.
Mayor Suarez: CK.
Commissioner Plummer: I'll move at this time that the meetings of December be
consolidated to the 6th, that's the first Thursday?
Mr. Odio: Right,
Mayor Suarez: So moved.
Commissioner Plummer: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
59
September 27, 1990
-+���� ii iui.iii,iYlu llI III II II IIlIII II II Ii It
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
ABSENT: None.
RESOLUTION NO. 90 -722
A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY
COMMISSION MEETING OF DECEMBER, 1990 TO TAKE PLACE ON
DECEMBER 6, 1990 AT 9:00 A.M.; FURTHER RESCHEDULING
THE SECOND REGULAR CITY COMMISSION MEETING OF
DECEMBER, 1990 TO TAKE PLACE ON DECEMBER 6, 1990 AT
2:00 P.M.
(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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
Mr. Fernandez: Mr. Mayor, implicit in both of those motions is the fact that
you are scheduling the P & Z for 2:00 o'clock.
Mayor Suarez: Yes.
Commissioner Plummer: That's five.
Mr. Fernandez: Two or five, or what are you doing?
Commissioner Plummer: Whatever.
Mayor Suarez: Well, there are some portions of it as you will know that have
to be schedule for 5:00 o'clock, but the rest can be at 2:00 o'clock.
Commissioner Plummer: And the bottom line is...
Mayor Suarez: I need a motion on the first meeting in October to be on the
18th.
Commissioner Plummer: That's correct. We are meeting on the 18th and the
25th, correct? - in October.
Mayor Suarez: Right. So moved.
Vice Mayor Dawkins: Second.
Mayor Suarez: Thank you. Call the roll.
Mr. Fernandez: That, you had already voted on, I was of the impression.
Commissioner Alonso: I thought so.
Mr. Odio: On November, you did.
Mayor Suarez: I don't think we took a vote on it, Mr. City Attorney. If you
have that as a vote, Madam City Clerk, then we don't need to vote on it, but
if not, please vote on it.
60
September 27, 1990
11
19. AUTHORIZE INCREASE IN CONTRACT WITH KHULY ALVAREZ AND ASSOCIATES,
ARCHITECTS, PA. CONCERNING DEVELOPMENT OF SOUTH DISTRICT POLICE
SUBSTATION (CIP 312008).
Mayor Suarez: Item 13.
AYES:
NOES: None.
ABSENT: None.
NOTE FOR THE RECORD: At this point, the Commission
reconfirmed the date of the first meeting in October
to be the 18th by a unanimous vote. (See label 16, R-
90 -716.)
Mr. Odio: We had a... and we recommend this.
Commissioner Plummer: Mr. Mayor, as part of the Commission awareness, we have
looked into this matter. It is justified, it is without question, within the
realm of the five million dollars, I so 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 -723
A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT
AMOUNT OF $17,081, BETWEEN THE CITY OF MIAMI, FLORIDA
AND KHULY ALVAREZ AND ASSOCIATES, ARCHITECTS, P.A.,
DATED JULY 16, 1985, IN CONNECTION WITH THE
DEVELOPMENT OF THE SOUTH DISTRICT POLICE SUBSTATION
CIP PROJECT NO. 312008, SAID FUNDS TO BE PROVIDED FROM
FUNDS ALLOCATED TO THE PROJECT; FURTHER RATIFYING,
APPROVING, AND CONFIRMING BY AN AFFIRMATIVE VOTE OF
FOUR - FIFTHS OF THE MEMBERS OF THE CITY COMMISSION, THE
CITY MANAGER'S WRITTEN FINDING THAT A VALID POLICE
EMERGENCY EXISTED REQUIRING THE ADDITIONAL SERVICES BY
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:
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
61
September 27, 1990
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
Mayor Suarez: Item 14. Confirming assessment roll.
Commissioner Plummer: Move it.
Mayor Suarez: So moved.
AYES:
NOES: None.
ABSENT: None.
RESOLUTION NO. 90 -724
20. CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF N.W. 47 AVENUE HIGHWAY
IMPROVEMENT (DISTRICT H- 4505).
Commissioner Plummer: For the record, there is no one to step forward from
the public to testify, I so move.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. As stated, let the record reflect no one stepped
forward to testify. Call the roll.
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR
CONSTRUCTION OF N.W. 47 AVENUE HIGHWAY IMPROVEMENT IN
N.W. 47 AVENUE HIGHWAY IMPROVEMENT DISTRICT H -4505 AND
REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT
HEREBY CERTIFIED.
(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:
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
21. CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF DESIGN PLAZA HIGHWAY
IMPROVEMENT (DISTRICT H- 4505).
Mayor Suarez: Item 15.
Commissioner Plummer: Let the record reflect that no one in the public has
come forward to testify, I so move.
Mayor Suarez: Thank you. So moved.
Commissioner Alonso: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
62
September 27, 1990
AYES:
NOES: None.
ABSENT: None.
11,11 11 111 ( :..
RESOLUTION NO. 90 -725
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
Mayor Suarez: Yes, Commissioner.
Mr. Odio: Yes, I sent it out, yesterday.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR
CONSTRUCTION OF DESIGN PLAZA HIGHWAY IMPROVEMENT IN
DESIGN PLAZA HIGHWAY IMPROVEMENT DISTRICT H -4509 AND
REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT
HEREBY CERTIFIED.
(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:
22. INSTRUCT ADMINISTRATION TO RESEARCH RUMORS THAT METROPOLITAN DADE COUNTY
IS ACTUALLY USING PART OF ITS BUDGET IN UNINCORPORATED AREAS TO PAY
GENERAL COSTS AND EXPENSES.
Mayor Suarez: Are we able to take 16, Mr. City Attorney?
Mr. Fernandez: What was that, sir?
Mayor Suarez: Are we able to take item 16, three minutes in advance, or not?
Mr. Fernandez: We should wait the three minutes, just for the formality of
it.
Mayor Suarez: OTC. Anything else we can do of the morning agenda? If not,
we'll recess. I would suggest...
Commissioner Plummer: May I... I have an item here that I want the Manager to
explain to this Commission. Mr. Mayor...
Commissioner Plummer: I don't know if you all received this.
Mayor Suarez: I'm sorry, I sometimes lose the initiative here, because your
blues brother here...
Vice Mayor Dawkins: I said save it until the next meeting.
Mayor Suarez: ... suggest that everything you bring up be postponed until
1998 or so, you know.
Commissioner Plummer: How about '92?
Mayor Suarez: Go ahead.
Commissioner Plummer: Have you all received this memo from the Manager, -
Cost distribution of the FY'91 Metro Dade Police Budget?
63 September 27, 1990
Commissioner Plummer: Well, but I think we have the right to contest it, once
we find out about it, don't we?
-4-
Mr. Odio: Yes. Sure.
Commissioner Plummer: I think that the Manager ought to take a minute and
explain...
Mayor Suarez: I don't have that either, or if I do, I haven't seen it.
Commissioner Plummer: ... that there is some... as I understand this thing, a
little bit of slight of hand.
Mr. Odio: They are using part of Metro City budget into the unincorporated
areas budget, but their Commission approved that, so there is nothing that we
can do.
Mayor Suarez: Can we get... and a response drafted and then possibly built in
to a resolution of this Commission after we have had a chance to digest that?
Commissioner Plummer: Mr. Mayor, the area that I brought to the attention of
this Commission at the last meeting, was not just in the area of police, it
was overall but in particular, in sanitation.
Mr. Odio: It's in every area. See what the do...
Mayor Suarez: And I'm glad you bring it up, because I've had an exchange of
letters with some County Commissioners on this issue, and I'll like to revisit
those and make them available to you. They come up with some pretty
interesting accounting of how much taxes is contributed by City of Miami
residents versus the services we get, which I totally disputed.
Mr. Odio: Yes, that's wrong.
Mayor Suarez: And I've got correspondence to that effect, I'll like to share
with you.
Commissioner Plummer: Well, I'm just telling you...
Commissioner Alonso: I think I've had a similar discussion with one of the
member of the Metro Commission on the item.
Mayor Suarez: Yes.
Commissioner Plummer: I think that we need to continue to pursue this, and I
would hope that you would put Chhabra who is a real go getter, to go get them.
Because I think we are in fact, not being dealt fairly with.
Mayor Suarez: OK.
64
September 27, 1990
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
11:10 A.M. AND RECONVENED AT 11:25 A.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT
EXCEPT VICE MAYOR DAWKINS.
23. CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF EDGEWATER HIGHWAY
IMPROVEMENT (DISTRICT H- 4496).
Mayor Suarez: We have...
Commissioner Plummer: Item 16.
Mayor Suarez: ...assessment rolls. Thank you, Commissioner. Item 16.
Commissioner Plummer: Let the record reflect that no one came forward. I
move.
Commissioner De Yurre: Second.
Mayor Suarez: Item sixteen has been moved and seconded. Any discussion? If
not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
AYES:
NOES: None.
r r 1.1 I 11 1 1111
RESOLUTION NO. 90 -726
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR
CONSTRUCTION OF EDGEWATER HIGHWAY IMPROVEMENT IN
EDGEWATER HIGHWAY IMPROVEMENT DISTRICT H --4496 AND
REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT
HEREBY CERTIFIED.
(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:
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
ABSENT: Vice Mayor Dawkins
65
September 27, 1990
-.E
- 4 {
Commissioner Plummer: Let the record reflect that no one came forth to
object. I so move.
-i
24. CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF CITYWIDE HIGHWAY
IMPROVEMENT - PHASE I (DISTRICT PHASE I H- 4497).
Mayor Suarez: Item 17.
Commissioner De Yurre: Second.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
AYES:
NOES: None.
RESOLUTION NO. 90 -727
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR
CONSTRUCTION OF CITY WIDE HIGHWAY IMPROVEMENT - PHASE
1 IN CITY WIDE HIGHWAY IMPROVEMENT DISTRICT -PHASE 1 H-
4497 AND REMOVING ALL PENDING LIENS FOR THIS
IMPROVEMENT NOT HEREBY CERTIFIED.
(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:
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
ABSENT: Vice Mayor Miller J. Dawkins.
25. CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF BUENA VISTA HIGHWAY
IMPROVEMENT - PHASE II (DISTRICT PHASE II - BIDS A AND B - H- 4506).
Mayor Suarez: Item 18 then.
Commissioner Plummer: Let the record reflect that no one came forth to
testify. I so move.
Commissioner De Yurre: Second.
Mayor Suarez: So moved.
Commissioner De Yurre: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
66
September 27, 1990
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES:
Mayor Suarez: OK.
Mr. Odio: Yes.
RESOLUTION NO. 90 -728
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR
CONSTRUCTION OF BUENA VISTA HIGHWAY IMPROVEMENT -
PHASE 11 (BIDS "A" AND "B ") IN BUENA VISTA HIGHWAY
IMPROVEMENT DISTRICT - PHASE II (BIDS "A" AND "B ") H-
4506 AND REMOVING ALL PENDING LIENS FOR THIS
IMPROVEMENT NOT HEREBY CERTIFIED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Miller J. Dawkins.
Robert Clark, 1:sq.: The record should reflect that we did reconvene at 11:25
a.m.
Mayor Suarez: Thank you.
26. PROCLAMATION OF GOOD NEIGHBOR DAY TO FLORIDA LEAGUE OF CITIES.
Commissioner Plummer: Mr. Mayor, this proclamation is just ask by the Florida
League of Cities to be read into the record and I'll do it if I can at this
time.
Commissioner Plummer: "Whereas over the past two decades Greater Miami has
experienced an incredible increase in population. This immigration has
brought about people of every national, cultural, racial, and language
backgrounds to our City; whereas this diversity enriches us in the unique to
Greater Miami has been celebrated by many, but also led to the
misunderstanding on the part of others. Open displays of friendship and
commonality within the community are essential to the great spiritual health
of our society and the residents of our City, with all benefits substantially
from a spirit of greater friendliness and trust. Be it resolved that the
people acting for community together approached the League of Cities in Dade
County to endorse October the 20th, 1990 as a good neighbor day in Dade County
and that each municipality be requested to declare on October 20th be Good
Neighbor Day in Dade County and for all the residents to go outside between
the hours of 6:00 and 7:00 to meet their neighbors. Now, therefore, Mayor
Xavier Suarez has proclaimed Thursday, September the 27th as good neighbor day
and asks in observance all to participate." It's a matter of the record and I
will forward this on to the Dade League of Cities.
Mayor Suarez: All right, very good. Thank you Commissioner. The only other
item we can handle before lunch time is item 30.
Mayor Suarez: Even though it specially scheduled for 6 :15. It is not a
public hearing, I gather, and we can take action on it.
Commissioner Plummer: Three zero.
67
September 27, 1990
Mayor Suarez: It is a authorization....
27. (Continued Discussion) ACCEPT BID: PIPING HOT CATERERS, INC. - FOR
FURNISHING MEALS AT SIX DAY CARE CENTERS AND ONE PRE - SCHOOL CENTER - TO
PARKS DEPARTMENT - ALLOCATE FUNDS FROM U.S. DEPARTMENT OF AGRICULTURE
GRANT THROUGH STATE OF FLORIDA DEPARTMENT OF EDUCATION (See label 5).
NOTE FOR THE RECORD: Vice Mayor Dawkins entered the
meeting at 11:28 a.m.
Commissioner Alonso: Yes, before...
Mayor Suarez: Yes, Commissioner Alonso.
Commissioner Alonso: Excuse me, Mr. Mayor. Before we go into that, I'd like
to go back to the pocket item about the day care service.
Mr. Odio: We can wait. I understand we can wait until the next meeting, if
we want to.
Commissioner Alonso: For the day care?
Mr. Odio: Yes.
Commissioner Alonso: No, I don't think so.
Mr. Odio: No?
Commissioner Alonso: And I'd like to put this in the record, and I'm very
surprised to see that we are going to lose money if we don't act before
October 1st and I also would like to put in the record that last year, we lost
$17,359.48 and it's really amazing to me to see that this is done in something
as important as day care. And, I wonder, is it done - they don't pay much
attention because it's children and women mainly involved in this? I get very
offended to see that they don't pay attention to day care services because
it's, to me, it's one of the most important things that the City of Miami
should take care of. Do I get an explanation, please?
Mr. Odio: We better explain it. I don't know.
Mr. Kevin Smith: Excuse me, Commissioner. For this particular contract, we
would not lose a quarter of the money, as stated. The problem is that if it
were...
Commissioner Alonso: We lost this money last year, did we not?
Mr. Smith: Did we lose the $17,000?
Commissioner Alonso: Yes, sir.
Mr. Smith: It isn't totally accurate either, in my opinion.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Smith: It's not totally accurate, in my opinion.
Commissioner Alonso: How do you figure that?
Mr. Smith: The bid award is based on a total, 100 percent attendance of every
child at every day care center. It's a reimbursement process. If the child
isn't there, we don't serve the meal and we're not reimbursed. So, that's
based on a hundred percent attendance.
68 September 27, 1990
Commissioner Alonso: I'd like to have a concrete answer on this and I would
like that you research this item and when we come back in the next Commission
meeting, you give me a concrete answer. And also come to me and in the way of
a memo, I'd like to have an answer. Also, is it, in fact, true that if we
don't act prior to October 1st, we have the risk of losing this money.
Mr. Smith: We have the possibility of losing a set dollar amount per day, not
the entire contract.
Commissioner. Alonso: What! Even if we lose a penny, why should we lose a
penny because we don't act accordingly? It doesn't make any sense to me.
Mr. Smith : Yes, ma'am.
Mayor Suarez: On a matter where the fiscal year begins October 1st, you would
think we'd have all this stuff prepared and in front of us to act promptly
because you hate to lose any money for child care.
Commissioner Alonso: Of course.
Mayor Suarez: What is the action that we would otherwise have to take today
specifically? Is it to award to a specific...
Commissioner Alonso: The bid.
Mr. Smith: They're awarding the bid to...
Mayor Suarez: Contracting party?
Mr. Smith: Yes, sir, to Piping Hot.
Mayor Suarez: And who is the contracting party?
Mr. Smith: Piping Hot.
Mayor Suarez: Is it someone we've dealt with before in the past?
Mr. Smith: No, sir, this is a new vendor. This vendor came in as a new
vendor. Last year's vendor was underbid. We don't...
Commissioner Alonso: Do we have any problem with this bid?
Mr. Smith: No, we do not have any problems with the bidder.
Commissioner Alonso: Everything has been approved by the administration.
Mr. Smith: Yes, and it was done according to the process.
Commissioner Alonso: We have no conflicts.
Mayor Suarez: They are HRS (Human Rehabilitation Services) approved and have
all the proper licensing?
Mr. Smith: Yes, sir. We have no problem with the bidder. We have...
Mayor Suarez: Commissioners, do you want to inquire on this? I guess we
would lose a proportionate amount if we didn't act until October, whatever, we
would be in risk of losing the proportionate amount for the days that the
program was not in operation, up to date that we acted or were able to fund
the program.
Mr. Smith: Yes, sir, that's correct. That is correct.
Commissioner Alonso: So, I make a motion that we act today and we instruct
the administration that we accept the bid today.
Mayor Suarez: So moved.
Commissioner De Yurre: Let me ask something and I'll second it. But, are we
talking about losing money or are we talking about not being able to start the
program on time?
o Idl i�❑ . i�.
69
September 27, 1990
Mr. Smith: No, the meals would be continued to be served.
Commissioner De Yurre: OK, then, we wouldn't get reimbursed for those meals?
Mr. Smith: Correct.
Commissioner Alonso: If we act prior to October 1st.
Mr. Smith: If we act prior now.
Commissioner De Yurre: But, if we don't act prior to October, what we were
looking at, if this issue hadn't have come up today was, that we would serve
the meals and then we would not have gotten reimbursed.
Commissioner Alonso: That's right.
Mr. Smith: Correct.
Commissioner De Yurre: So why wasn't this on the agenda to take care of it
today?
Vice Mayor Dawkins: The last week.
Mr. Smith: Because the actual bid process wasn't completed till the 19th of
September.
Commissioner De Yurre: OK, but you knew it was going to be completed by that
time.
Mr. Smith: But the agenda had already been closed.
Commissioner Alonso: Well.
Commissioner De Yurre: Well, but, no, my question is, if you know that
something is going to happen the 19th, which triggers getting on the agenda
for the 27th, then you get on the agenda with ample time knowing what's going
to happen on the 19th.
Vice Mayor Dawkins: What's the total amounts of the budget - of the amount?
Mr. Smith: The contract itself is approximately a hundred.., the bid was
$132,000. The actual projected amount that the contract will be for is
approximately $50,000....
Vice Mayor Dawkins: Fifty thousand...
Mr. Smith: ...it's based on the number of kids in the actual centers everyday
in the reimbursement.
Vice Mayor Dawkins: Fifty thousand dollars. You just came before us this
morning where you paved the road, paid people and came for us to OK it.
You're always coming here after the fact getting us to OK something. But, as
Commissioner Alonso said, something as important as day care, you do not have
the flexibility to go ahead and do it and come back and tell us to OK it.
Why?
Mr. Smith: To have the Manager sign an agreement and then come back?
Vice Mayor Dawkins: Who signs agreements? Who signs agreements?
Mr. Smith: The Manager does, sir.
Vice Mayor Dawkins: Well, then why would you ask me who should sign it?
Mr. Smith: No, no, I wasn't saying who would sign it, I said... the problem,
as I was posed with it is that there was a potential protest on the bid
process. Now, I'm told that has been resolved. I was told that during the
break.
Vice Mayor Dawkins: OK.
Mr. Smith: That was one of my concerns, I could...
70
September 27, 1990
wmiONI
AYES:
NOES: None.
ABSENT: None.
Mayor Suarez: If there's no...if we now anticipate no dispute, I guess that
we have just about solved every possible issue. We have informed the
Commission and everybody seems to be knowledgeable. We have a motion and I
gather we have a second. So, if there's no new questions, we'll entertain a
vote on it.
Commissioner De Yurre: Call the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 90 -729
A RESOLUTION ACCEPTING THE BID OF PIPING HOT CATERERS,
INC. FOR FURNISHING MEALS AT SIX (6) DAY CARE CENTERS
AND ONE (1) PRE- SCHOOL CENTER TO THE DEPARTMENT OF
PARKS & RECREATION ON A CONTRACT BASIS FOR ONE (1)
YEAR AT A TOTAL PROPOSED COST NOT TO EXCEED
$132,469.92; ALLOCATING FUNDS THEREFORE FROM THE
UNITED STATES DEPARTMENT OF AGRICULTURE GRANT THROUGH
THE STATE OF FLORIDA DEPARTMENT OF EDUCATION FY'91 DAY
CARE PROGRAM OPERATING BUDGET, ACCOUNT CODE NO.
580201 -710; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR THIS SERVICE.
(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:
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
Mayor Suarez: A procedural point, we are adjourned, but until when is the
question? At 4:00 o'clock the first item scheduled this afternoon at 4:00
p.m.
Vice Mayor Dawkins: I thought you were going to take 30, Mr. Mayor.
Mayor Suarez: I'm sorry, yes, let's take 30. Is that going to create a
problem for you, Commissioner, if we meet at 4:00 p.m. on the other item?
Have you alerted the people to be here?
Commissioner Alonso: Well, I didn't directly, but I have heard that people
are going to come here a little bit early.
Mayor Suarez: Maybe what we'll do is, we'll reconvene like at, yes, 3:00 or
3:30. OK, Carlos, on item 30.
Commissioner Alonso: Can we take this item 30, can we take this at this time?
Mayor Suarez: Yes, I think we can. Can we not? There's no public hearing on
this?
Commissioner Alonso: It says six fifteen (6:15).
Mr. Fernandez: Even though it is not specifically - it's not a public hearing
item. It has been advertised for 6 :15.
Mayor Suarez: You'd rather we don't take it?
Mr. Fernandez: I'd much rather not that we take it now.
71
September 27, 1990
Mayor Suarez: Other than that, so why don't we set it for 3:30. We reconvene
at 3:30.
Commissioner Plummer: So be it.
Mayor Suarez: Recess until then.
= i
Mayor Suarez: OK, so then we're back to decidin; whether we meet at, what do
you think? -we meet at 3:30 or at 3:00?
Commissioner De Yurre: Three thirty.
Mr. Fernandez: To hear a pocket item, as it were, because, otherwise, you
cannot start your regular agenda until 4:00.
Mayor Suarez: All right, then that sort of settles it, what you're saying
because we wouldn't be able to do anything between 3:00 and 4:00.
Mr. Odio: No.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
11:35 A.M. AND RECONVENED AT 3:39 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT.
28. DISCUSSION CONCERNING PROPOSED CHANGE OF NAME FOR THE PROJECT PRESENTLY
KNOWN AS LATIN QUARTER (PROPOSED NEW NAME LITTLE HAVANA) - DIRECT
ADMINISTRATION TO ADVERTISE A PUBLIC HEARING FOR SAID PURPOSE AT THE
MEETING PRESENTLY SCHEDULED FOR OCTOBER 18, 1990. (See label 3)
[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 CITY MANAGER, CESAR ODIO.]
Mayor Suarez: EN CUANTO TENGAMOS PRESENTE TRES COMISIONADOS EMPEZAREMOS LA
SESION. LES AGRADECEREMOS A TODOS, PORQUE ESTE ASUNTO NO ESTA EN LA AGENDA,
QUE NOS DEN UNA OPORTUNIDAD DE CONSIDERARLO.
(APPLAUSOS, VIVA! VIVA! VIVA! MIRIAM! MIRIAM!)
Mayor Suarez: OK. SILENCIO POR FAVOR! POR FAVOR!
Unidentified speaker: EN NOMBRE DE1 PUEBLO DE CUBA...
Mayor Suarez: POR FAVOR... POR FAVOR... MIREN, VAMOS A DAR UN EJEMPLO DE
DEMOCRACIA Y SERENIDAD. EL ASUNTO, COMO LES DECIA, NO ESTABA EN LA AGENDA; A
PETICION DE LA COMISIONADA ALONSO VAMOS A CONSIDERARLO Y POR EL HECHO DE QUE
USTEDES ESTAN AQUI, PORQUE NOSOTROS TAMBIEN TOMAMOS EN CUENTA EL TIEMPO QUE
CADE UNO HA DEJADO DE SU TRABAJO Y DE OTROS ASUNTOS POR EL INTERES QUE
EVIDENTEMENTE TIENEN EN ESTE ASUNTO. PERO FIJENSE, VAMOS A DARLE... PORQUE
EVIDENTEMENTE HAY DOS LADOS EN ESTE TEMA - A LOS DOS LADOS UN PERIODO DE
TIEMPO EQUIVALENTE, Y AHORA DESPUES DE ESTO LO VOY A DECIR EN INGLES PARA QUE
SEPAN TODOS. LES VAMOS A DAR CINCO MINUTOS A CADA LADO, YO ASUMO QUE... SE DE
HECHO QUE HAY UN GRUPO QUE QUIERE CAMBIAR EL NOMBRE DE "LATIN QUARTER" A
"PEQUENA HABANA" 0 LO QUE SEA, Y ESE GRUPO TENDRA CINCO MINUTOS PARA EXPRESAR
SUS PONENCIAS IGUAL QUE EL GRUPO QUE QUIERE MANTENER LATIN QUARTER. (inaudible
"statement" from the audience) POR FAVOR, SI NO... POR FAVOR ESPERESE! SI NO
SE ATIENEN A LAS REGLAS ESTABLECIDAS NO TENDREMOS SESION Y NO SE DECIDIRA NADA
EN EL DIA DE HOY; Y LO PONDREMOS EN LA AGENDA PARA OTRO DIA. ASI
QUE...(inaudible statement from the audience) ...CLARO, CLARO, TIENEN DERECHO
A VOLVER BAJO EL CODIGO Y EL ACTA CONSTITUTIVA DE LA CIUDAD, CON DAR CINCO
DIAS DE AVISO, USTEDES TIENEN DERECHO HA ESTAR EN LA AGENDA, ASI QUE CON MUCHO
GUSTO SE LES CONSIDERARA EN OTRO DIA, PERO EN EL DIA DE HOY POR CORTESIA COMO
DIGO A USTEDES, QUE HAN DEJADO SUS TRABAJOS, SUS ASUNTOS, SUS FAMILIAS Y A UN
MIEMBRO DE LA COMISION, EN ESTE CASO LA COMISIONADA ALONSO, VAMOS A
72
September 27, 1990
ESCUCHARLOS...ASI QUE DEJENME DECIRLO AHORA EN INGLES, POR FAVOR, Y NECESITO
QUE MANTENGAN EL ORDEN Y LA SERENIDAD DURANTE EL PERIODO DEL TIEMPO.
NECESITAMOS EL TESTIMONIO EN INGLES TAMBIEN PARA QUE ESTE EN EL TRANSCRITO DE
LA CIUDAD DE MIAMI, ASI QUE CON SU PERMISO UN MOMENTICO... The rules that we
are going to establish for the hearing today... It's not on the agenda. I
have stated Vice Mayor Dawkins - remember, we have some Commissioners that
don't speak Spanish, although they're getting there, they're getting there -
and Commissioner Plummer...
Commissioner Plummer: MAS 0 MENOS.
Mayor Suarez: MAS 0 MENOS... that we're going to give each side five minutes
for their presentation. There may or may not be any Commission action taken
at the end of that, but we will only give five minutes to each side. It is
important that you allow the speakers on the opposing side to express their
viewpoint and you don't take up their time or the time of your own speakers
with unnecessary noise and, of course, I don't even have to tell you, we will
allow no physical threats or violence here and it is important that - we're
kind of violating the fire code, I think, with all the people we have here,
but we're going to do this fairly quickly so that we don't create a problem
for the safety of the people who are in this room and, frankly, even the heat
can get to a point that it gets a little excessive. HASTA EL CALOR CON EL
NUMERO DE GENTE, ASI QUE VAMOS A HACERLO LO MAS RAPIDO POSIBLE
...AGRADECEMOS... I do need for those of you to stand back and give us a
little bit of room here. ENTRE OTRAS COSAS PARA QUE PUEDAN ESTOS JOVENES QUE
ESTAN AQUI CON NOSOTROS VER TAMBIEN LO QUE SE DICE Y LA PRENSA, ESTAS SESIONES
ESTAN EN ESTE MOMENTO EN TELEVISION DE CABLE, COMO USTEDES SABEN...0K. MUCHAS
GRACIAS, NO SE QUIEN ES EL PRINCIPAL VOCERO DEL GRUPO, CUALQUIERA DEL LOS DOS
QUE PUEDA IR PRIMERO.
Commissioner Alonso: SI, CON SU PERMISO ALCALDE, PORQUE ESTE ES UN TEMA QUE
YO QUIERO EMPEZAR PORQUE ESTO ES UN TEMA QUE YO TRAJE A LA COMISION. So I want
to be the first one to start and introduce the topic since it was my request
for a pocket item because of the importance of this issue. Y SI USTEDES NO
ENTIENDEN, POR FAVOR, YO TENGO QUE HABLAR EN INGLES PARA PODER HACER LA
MOCION, YA QUE ES UNA MOCION QUE YO DIRIJO A MIS COLEGAS, QUE DIRIJO A LA
COMISION DE MIAMI Y POR RESPETO A LOS MIEMBROS DE LA COMISION, YO TENGO QUE
HACERLO EN INGLES. I'm explaining to them that I'm going to address this
issue in English, because of out of respect to the members of this Commission
and since I've requested this item. The reason I brought to the attention of
the Commission this, as a discussion item, and I have every intention, and to
begin with, I'm telling you, I'm presenting a motion for approval of this item
today and my motion, even though I'm going to develop the idea, is that we
keep the name that means tradition the name that has been used for over 30
years and the name is Pequena Habana, Little Havana. (APPLAUSE AND CHEERING)
Let me explain to the people here that this, of course, is a very emotional
topic. It is emotional because these people came to the United States looking
for freedom and the Little Havana became their home. They left, many of them,
the bigger area, the Havana that we've known, that the people have heard in
songs and people talking around the world. Well, their home in this land of
freedom became that area, Little Havana. So that area is so important to all
of these people and to me. I want to stress the importance of the
preservation of this name. Before I became a Commissioner, I have heard
people coming to me and mentioning that they wanted the area to go back to the
original name, Little Havana. I, myself, have stated through the years, that
I wanted the area also to remain Little Havana. In the nine or ten months
since I've been a Commissioner, I have received phone calls, people have come
to my office, people have approached me and in the last three months, I think
that the feeling has grown to the point where it is today. Maybe because
things have changed, maybe because the people didn't think in the 70's that it
was as important as it is today. Maybe, as we wanted to preserve the Orange
Bowl in the City of Miami, they want to preserve the area that is so important
to them. They call Little Havana home, even if they live in Westchester or
Coral Gables or in other areas. They call Little Havana home. And this is
why it's so important, this is why we are here today asking that the
importance of that name that international magazines have published and say,
this is the name, this area is known as Little Havana. That's why we feel
it's so important that it remains as such. I don't want the name Little Haiti
to be changed in the future. I want the struggle of those individuals to
remain. Well, I'm coming here today with the feeling of what I think is the
feeling of the people of this community. At least the people who have come
from Cuba, the people who have come from Nicaragua and accepted Little Havana
73
September 27, 1990
- zIZEZEILW ;4706E71=21
as home. As other people, we are not trying to offend anyone. I want to make
very clear that it's not the intention of this Commissioner, and I am certain
I can speak on behalf of the people here, to offend anyone, whether you were
born in Mexico, or in Nicaragua, or in the United States. That's not the
reason we are doing this. All we want is that what we had, the name that we
love so much, the name for which Miami is known in many places, that name, to
remain a very important factor in an area that is growing to become
economically strong; an area, that through the efforts of many people... and
I want to commend because I don't want the people to get the wrong idea that
I'm attacking Willie Gort because of this. Willie Gort and his family have
worked through the years and he thought, or perhaps, I don't know if it was
his idea, but perhaps one of the people who thought that Latin Quarter was a
good name. Fine, they thought that at that point. But we don't want to lose
Little Havana and the only way that we guarantee ourselves that the name will
remain today, and tomorrow, and ten years from now, is that this Commission
take an action today and we vote to have that area named Little Havana and
that the Latin Quarter, as they thought they wanted to do it, be named Little
Havana, Pequena Habana. That's what it is! That's what it should be!
(APPLAUSE, CHANTING, CHEERING) Yes, I want them to speak and I want to make a
motion and please, I want to ask the rest of the members of this Commission,
and I want to stress that I have every intention of asking for a motion today,
to have this approved. And I plead with my colleagues to please understand
this issue and what it means to all of us. Thank you.(APPLAUSE)
Mayor Suarez: Thank you. OK. EL
COMO TENEMOS UNA MOCION EN LA MESA,
QUE EL GRUPO QUE FAVORECE EL NOMBRE
QUE HABLEN PRIMERO, LE VAMOS A DAR
NECESITO POR LO MENOS VERLE LA CARA.
Mr. Angel Gonzalez: MI NOMBRE ES ANGEL GONZALEZ.
Mayor Suarez: OK, ANGEL, ESPERATE UN MOMENTICO. Can you translate, Mr.
Manager? ES FACIL PARA EL TRADUCIR SI LE VE LA BOCA Y SE LE VE LA CARA. POR
FAVOR DEJEN UN POQUITITO DE ESPACIO... UN POQUITTO HACIA ATRAS. OK, we need
to translate it to put it into the record, please.
Mr. Odio: DESPACIO.
ORDEN DE LA PRESENTACION NO IMPORTA PERO
HECHA POR LA COMISIONADA ALONSO QUISIERA
DE LITTLE HAVANA 0 DE LA PEQUENA HABANA
CINCO MINUTOS, TIENE ALGUN VOCERO? OK.
Mr. Angel Gonzalez: BUENO, MI NOMBRE ES ANGEL GONZALEZ. YO VIVO EN LA CIUDAD
DE MIAMI. SE OYOE BIEN? BUENO, SENOR ALCALDE Y SENORES COMISIONADOS. ME
DUELE MUCHISIMO....
TRANSLATION: My name is Mr. Gonzalez. I live in the City of Miami. Can you
hear me? Mr. Commissioners and Mr. Mayor...
Mayor Suarez: OK, Commissioner De Yurre is indicating, and he's right, that
we're going to need a little bit more space so that the cameras can catch
everything.
Commissioner De Yurre: MIRA, YO NECESITO QUE ME AYUDEN, PORQUE YO NO PUEDO
VERLO A EL.
Mayor Suarez: POR FAVOR SE SE ECHAN UN POQUITICO RACE ATRAS... UN POQUITICO
HACIA ATRAS...SE APRIETAN UM POQUITO MAS COMO EN...
Mr. Odio: DESPACIO, PORQUE TRADUCIR CUBANO ES MUY DIFICIL...
Mr. Angel Gonzalez: BUENO, DECIA YO QUE ME DUELE MUCHISIMO QUE ESTANDO EL
PUEBLO AQUI EN UNA GRAN MAYORIA, QUE DEJAN SU TRABAJO, QUE REPRESENTA MUCHO
ESFUERZO EN NUESTRA FAMILIA Y DINERO EN NUESTRA ECONOMIA, EN ESTE LUGAR, QUE
CASI SIEMPRE ES UN DESIERTO DE PUEBLO, DONDE SI ESTAN MUY REPRESENTADOS LOS
GRANDES INTERESES QUE JUEGAN CON LA ECONOMIA DE ESTA CIUDAD, SE NOS OFREZCA
CINCO
MINUTOS AL PUEBLO Y SE OFREZCA IGUAL TIEMPO A LOS QUE HAN CREADO TODO ESTE
ENTUERTO A ESPALDAS DEL PUEBLO.
TRANSLATION: Well, I was saying that it hurts me a lot that the people are
here in a great majority, that they have left their work, that means a lot of
effort for our family, we're losing a lot of income in this place, that is
always deserted from the people, where the great interests are, yes, well
represented, that play with the economy of this City. That we only get the
people of the... five minutes, and that you offer the same time to the people
that have created all these twisted things behind the backs of the people.
OYE VE DESPACIO, PORQUE ESTO ESTA...(LAUGHTER)
74
September 27, 1990
Commissioner Plummer: Would somebody please translate what Cesar just said?
Mayor Suarez: No, it cannot be translated.
SR. ANGEL GONZALEZ: NOSOTROS EXIGIMOS QUE SE LE CAMBIE EL NOMBRE DE "LATIN
QUARTER" POR EL DE "LITTLE HAVANA ", HACIENDO UNA CONCESION, PORQUE DEBIA
LLAMARSE EN ESPANOL "PEQUENA HABANA ". LO HACEMOS PORQUE SABEMOS QUE HAY
PERSONAS QUE DE VERDAD HAN TRABAJADO EN ESTE PROJECTO DE BUENA FE. PARA
NOSOTROS, LO DE "LATIN QUARTER" NO SIGNIFICA NADA, ES DILUIRNOS, ES FALTAR A
LA HISTORIA, PORQUE LOS QUE HAN HECHO LA PEQUENA HABANA CON SU ESFUERZO, CON
SU TRABAJO, CON SU DEDICACION, SON LOS QUE TIENEN QUE DECIDIR HISTORICAMENTE.
NO DILUIRNOS,.. COMO NO PERMITIRIAN TAMPOCO LOS QUE VIVEN EN EL PEQUENO HAITI,
0 LOS QUE VIVEN EN AFRICAN SQUARE 0 EN CHINATOWN, EN LOS ANGELES, 0 EN EL
BARRIO DEL
FRENCH QUARTER, EN NUEVA ORLEANS, QUE ESTO SE DILUYERA EN OTRO TIPO DE COSA YA
QUE TIENE UN ESPIRITU SIMBOLICO PARA ESAS COMUNIDADES COMO LO TIENE, PARA
NUESTRA COLECTIVIDAD CUBANA AQUI EN EL GRAN MIAMI. NOSOTROS NO VAMOS A
PERMITIR, DE NINGUNA MANERA, QUE DONDE SOMOS MAS DEL 80% DE LOS RESIDENTES
CUBANOS, DONDE TENEMOS LA MAYORIA DE LOS NEGOCIOS CUBANOS, SE NOS PONGA UN
NOMBRE QUE NO TENGA NINGUNA SIMBOLOGIA AL ESFUERZO CUBANO. ES UNA FALTA DE
RESPETO SI EL PUEBLO VIENE A PEDIRLE A LOS COMISIONADOS
QUE LE CAMBIEN EL NOMBRE, NO HACERLO. YO QUISIERA PREGUNTARLES Y ES MUY
DIFICIL, A LOS QUE ESTAN AQUI, CUANTO SABEN DE UNA COSA QUE SE LLAMA LITTLE
HAVANA DEVELOPMENT AUTHORITY, EL LITTLE HAVANA TOURIST AUTHORITY... TQUIENES
SON LAS GENTES DEL LATIN QUARTER REVIEW..? ?QUE COSA ES EL LATIN QUARTER
SPECIALTY CENTER? TODO ESTO ES UNA SOMBRILLA PARA UN NEGOCIO QUE GIRA
ALREDEDOR DEL
LATIN QUARTER. AHORA, EL LATIN QUARTER COMPLACE MUCHO AL MIAMI HERALD (VOICED
JEERING AND PROTESTS)... QUE TRATA DE AYUDAR TODO LO QUE SEA LA
"DESCUBANIZACION ", POR UNA COSA MUY SENCILLA, PORQUE EL MIAMI HERALD SIEMPRE
HA APOYADO A NUESTROS ENEMIGOS Y NOSOTROS REPRESENTAMOS EL UNICO EXILIO EN EL
MUNDO REUNIDO EN UN MISMO LUGAR. HAN HABIDO OTROS EXILIOS COMO EL DE LOS
ESPANOLES, QUE ESTABAN EN FRANCIA, Y ESTABAN EN MEJICO. TODO LO QUE SEA
DILUIR LAS RAICES CUBANAS QUE REPRESENTA EN EL EXILIO Y EN MIAMI EL ALMA
NACIONAL CUBANA, LO APOYA EL MIAMI HERALD. YO QUISIERA PREGUNTARLE A LA
GENTE: ? CUANTOS ESTAN AQUI PORQUE SE LE CAMBIE...A FAVOR DE QUE LE PONGAMOS
LITTLE HAVANA AL LATIN QUARTER?..?(APLAUSO) SI, PERFECTO, Y ? CUANTOS ESTAN A
FAVOR DE QUE SE MANTENGA EL LATIN QUARTER? (BOOS AND LOUD PROTESTS). HAY UNA
COSA..PARA DEJAR ESTABLECIDO ESTO....
TRANSLATION: We demand that you change the name of Latin Quarter for the one
of Little Havana. Just making one concession because it should be called in
Spanish - Pequena Habana. We do it because we know there are people that have
worked very hard in this project with good faith. For us, the Latin Quarter
doesn't mean anything. It is to get lost, to be diluted. And it's to miss
out on history because what have built Little Havana with their effort, with
their work, with their dedication, are the ones that should decide,
historically, not to get diluted like we would not allow also the ones that
live in Little Haiti or the ones that live in African Square, or in China
Town, in Los Angeles, or the French Quarter, in New Orleans, that this would
become diluted in another type of thing... That, I believe has a symbolic
spirit for us for those communities, like it has it for us for the Cuban
collective... here in great Miami. We are not going to allow, at any cost,
that where we are more than 80 percent residents are Cubans, where the
majority of the businesses are Cuban, that we get a name that has no symbolism
whatsoever to the effort of the Cuban people in Miami. It is a lack of
respect if the people come here to ask the Commissioners to change the name,
not to do that. I would like to ask you, and it's very difficult, to the ones
that are here now, how much do you know about a group called the Little Havana
Development Authority and the Little Havana Tourist Authority? Who are the
people from the Latin Quarter? What is the Latin Quarter Specialty Center?
All this is an umbrella for a business that rotates around the Latin
Quarter...evolves, evolves around the Latin Quarter. The Latin Quarter
pleases a lot the Miami Herald - (BOOS AND JEERING FROM THE CROWD) - that
tries to support anything that means against the Cubans, because of a simple
reason; because the Miami Herald has always supported our enemies and we
represent the only exile group in the world that have stayed together in one
place. There have been other exiles like the Spaniards that were in France
and in Mexico. All of them had not stayed together. The Cuban roots that
represents the Cuban exiles in Miami, the Cuban soul is not supported by the
Miami Herald. I would like to ask the people here who's He's asking
the people here who's in support of changing the name. (SHOUTING AND APPLAUSE)
and how many....(incomplete translation)
75
September 27, 1990
Mayor Suarez: POR FAVOR...ESPEPATE ANGELITO, FIJENSE QUE EL PREGUNTO UNA COSA
Y RESPONDIERON EQUIVOCADAMENTE; EL DIJO QUIEN ESTABA A FAVOR DEL LATIN
QUARTER?
Mr. Angel Gonzalez: No, no, no....DEL LITTLE HAVANA PRIMERO DIJE.
Mayor Suarez: ASI QUE...EXACTO, POR FAVOR, POR FAVOR,... CUANDO ANGELITO
ACABE HABRA UNA PRESENTACION DEL OTRO GRUPO Y PUEDEN EXPRESAR LOS QUE ESTEN A
FAVOR DE ESO. MIENTRAS TANTO EL PREGUNTO INICIALMENTE QUIEN ESTABA A FAVOR DE
LA PEQUENA HABANA SE LE LEVANTARON Y....SI....
SR. ANGEL GONZALEZ: ?QUIENES ESTABAN A FAVOR DE QUE LE PONGAMOS LITTLE
HAVANA...QUARTER ?...
TRANSLATION OF MR. ANGEL GONZALEZ: Who is in favor of the name of Little
Havana ?(LOUD VOICES SHOUT "LITTLE HAVANA!..,LITTLE HAVANA!)
Mayor Suarez: Pequena Habana.
SR. ANGEL GONZALEZ: ?Y CUANTOS ESTAN EN CONTRA DE ESTA IDEA?
TRANSLATION: Who are in favor against the name ?(SHOUTING AND JEERING FROM THE
CROWD)
Mayor Suarez: Sir, sir! SENOR! sir!
SR. ANGEL GONZALEZ: YO CREO QUE SE RACE EVIDENTE QUE SI LA VOZ DEL PUEBLO ES
LA VOZ DE DIOS, EL ALCALDE Y LOS COMISIONADOS NO PUEDEN DESOIR ESTA VOZ, NI
PUEDEN DILATAR ESTA DECISION DE TRANSFERIRNOSLO PARA OTRA SESION PORQUE SERIA
UN CRIMEN QUE ESTE PUEBLO DEJARA SUS TRABAJOS, QUE UNA MUJER CON UNA SILLA DE
RUEDAS - QUE ESTABA POR AHI- VOLVIERA QUE TENER QUE VOLVER AQUI: ENTONCES,
SENCILLAMENTE, DESDE EL PUNTO DE VISTA PATRIOTICO - HISTORICO SERIA EN CONTRA DE
LA HISTORIA, PERO DESDE EL PUNTO DE VISTA ECONOMICO, LITTLE HAVANA ES
AMPLIAMENTE CONOCIDO POR GRANDES PROPAGANDAS QUE LE HAN HECHO AQUI MISMO LA
EASTERN AIRLINES; ES CONOCIDO EN EL MUNDO TAMBIEN POR ASOCIACION EL TABACO
HABANO, EL RUM HAVANA CLUB, Y POR OTRA SERIE DE COSAS IMPORTANTES. PERO LO
QUE NOSOTROS...TODO EL CRECIMIENTO DE LA CUIDAD DE MIAMI Y LA PEQUENA HABANA
SE DEBE AL ESFUERZO DE LOS CUBANOS, QUE CON SU IMAGEN EN ESTE LUGAR HAN HECHO
QUE MUCHOS TURISTAS VENGAN HACIA ACA. CADA UNO DE ELLOS HA SIDO UN EMBAJADOR
DESINTERESADO DE ESTE ESFUERZO SIN COSTARLE UN CENTAVO A LOS TAXPAYERS. SIN
EMBARGO, EL BEACON COUNCIL Y OTRAS ORGANIZACIONES, NOS CUESTAN MUCHISIMO
DINERO A LOS TAXPAYERS Y NO HAN HECHO ESTE TRABAJO ESPIRITUAL Y VOLUNTARIO DEL
PUEBLO CUBANO EN EL EXILIO. YO CREO QUE USTEDES TIENEN QUE PENSARLO BIEN.
AQUI HAY SABOR A PUEBLO. SI, SENCILLAMENTE. EL CAMBIARLE EL NOMBRE NO
SIGNIFICA...NO PUEDE SIGNIFICAR NADA. SI HAY TUNA LEY INJUSTA HAY QUE
CAMBIARLA, SI HAY UN HOMBRE INJUSTO HAY QUE CAMBIARLO. UN EJEMPLO ES EN EL
SISTEMA DE PARQUIMETROS DE PARQUEOS DE LA CIUDAD DE MIAMI QUE NO TIENE UN
REPRESENTANTE DE LOS QUE ESTAN AHI, Y NO PORQUE HA ESTADO MUCHO TIEMPO
TRABAJANDO ANARQUICAMENTE, Y SIN FISCALIZACION. ES UNA COSA BUENA...ES UNA
COSA BUENA. ENTONCES,..SENCILLAMENTE..YO CREO QUE TODO ESTA DICHO YA. YO
CREO QUE LA PRESENCIA DEL PUEBLO FRENTE A LOS ARGUMENTOS QUE HA PLANTEADO
PUBLICAMENTE LA PARTE CONTRARIA DE QUE ESTO DE PONERLE LITTLE HAVANA PUEDE
OFENDER A LOS DEMAS LATINOS ES FALSO PORQUE, SENCILLAMENTE, A LOS DEMAS
LATINOS, LE ABRIMOS EL CAMINO NOSOTROS CONVIRTIENDO A MIAMI -QUE ERA UN LUGAR
DE UNA ECONOMIA ESTACIONARIA, CASI UNA VAQUERIA, EN UN PUEBLO CON UNA IMAGEN
NACIONAL E INTERNACIONAL. ENTONCES, ESO ES UNA FALSEDAD Y UNA MENTIRA. YO
CREO QUE HAY QUE DARLE LAS GRACIAS A LOS QUE DURANTE UN TIEMPO NOS DIMOS
CUENTA DE ESTE ASUNTO Y LO DENUNCIAMOS EN LOS PEQUENOS PERIODICOS, PERO NO
HUBO LA DIFUSION DE LA RADIO NI LA TELEVISION PARA QUE EL PUEBLO SE ENTERARA.
Y AHORA, GRACIAS A UN PROGRAMA RADIAL QUE TIENE UN NOMBRE SIMPATICO, "LA
MOGOLLA" ..(APLAUSO, OVACION DEL PUBLICO).
TRANSLATION: I believe that it is evidentally that if the voice of the people
is the voice of God that the Mayor and the Commissioners cannot not listen to
this voice, and cannot delay this decision to another Commission meeting,
because it would be a crime for this...that they left their jobs,.. there is a
lady sitting with a wheelchair here, and simply from their point of view
patriotic, historical, but from the economical point of view the Little Havana
is well known because of the great advertising and propaganda that has been
done right here, Eastern Airlines, is well known in the whole world because of
the cigars, the Cuban Havana Rum Club and because of other many things. But
what we want to... the growth of the City of Miami and the Little Havana area
is owed to the work of the Cubans that with the image that we have in this
place, have created a lot of tourism. Every one of them has been an
76
September 27, 1990
Mayor Suarez: All right.
77
ambassador without any interest whatsoever of this effort without having cost
the taxpayers one dollar. However, the Beacon Council and other organizations
cost a lot of money to the taxpayers and have not done this spiritual and
volunteer work that they have done. I believe that you - you have to think it
well. We love the people here. It simply cannot mean that much to change a
name. If there is an unjust law, you have to change it. If there is a man
that is not just, he has to be changed. An example is in the parking system
of the City of Miami that doesn't have a representative in their board from
here, and not because they haven't been there for a long time working very
hard and without any supervision. That's a good thing. Simply, everything
has been said. I believe that the presence of the people here today.... I
guess that the arguments that have already been said publicly the other side,
that this... to change the name to Little Havana could offend the other Latins
in the area, it is not true, because simply the other Latins, we opened the
way for them, changing Miami over from a stationary economy, almost a milk
farm, in a town with now an image of a city with a national and international
image. It is a total falsehood and a lie. I believe that we have to thank
that for a group of us that for a while we noticed this and we did speak out
in the small papers, but then we did not have the radio shows and TV exposure,
so that the people would find out about this. And now, thanks to a radio
program, that has a funny name, "La Mogolla "....(CHEERING, SHOUTING, AND
APPLAUSE)
Mr. Odio: OYE, PLUMMER ME ESTA PREGUNTANDO COMO TRADUZCO "LA MOGOLLA"? PERO
ESO NO CREO QUE TIENE TRADUCCION...
Mayor Suarez: Angel, Angel, Angel RESUME, TE DOY MEDIO MINUTO MAS Y
ACABA LA PRESENTACION. POR FAVOR...POR FAVOR...
Commissioner Plummer: Wait, wait, wait, wait. Will you please tell that
radio program with the funny name that it's Plummer,
not "Plumero". (LAUGHTER)
SR. GONZALEZ: ESTE EN UN PROGRAMA LOCAL, EN UNA PEQUENA ESTACION, QUE EN LA
PEQUENA HABANA LE DIJO A LA GENTE: "?QUE PASA AQUI? ?SABIEN USTEDES DE ESTA
MOGOLLA? ?DE TODO ESTA PILA DE NEGOCIOS QUE HAY EN LA QUE NOSOTROS NO PODEMOS
LLEVAR NI SIQUIERA EL NOMBRE DE LITTLE HAVANA ?" ENTONCES
TRANSLATION: This is a radio local show that in a small station in Little
Havana, who told the people what's going on here? Did you know about this
"Mogolla "? All this business that is going on here in which we cannot carry
the name of Little Havana? Then...
Mayor Suarez: NO, NO ...ESPERATE, NO EMPIECES OTRO ARGUMENTO, ACABA, YA TE
OIMOS, YA, YA...
Mr. Gonzalez: YA VOY A RESUMIR, YA VOY A RESUMIR....
(CROWD NOISE)
SR. GONZALEZ: ENTONCES DECIDIMOS VENIR AQUI PARA PEDIR Y EXIGIR DE QUE SE LE
CAMBIE EL NOMBRE Y SE LE PONGA "LITTLE HAVANA" (APLAUSOS). ME ESTAN DICIENDO
LOS PARTIDARIOS DEL PUEBLO QUE YA NO HACE FALTA DECIR MAS PORQUE SU PRESENCIA
ESTA AQUI. MUCHAS GRACIAS POR HABERNOS OIDO, MIS PROTESTA POR DARNOS CINCO
MINUTOS NADA MAS, QUE TODA REGLA TIENE SU EXCEPCION Y ESTA DEBIA SER UNA DE
ELLAS, Y HABER DEBATIDO CON MUCHA GENTE QUE QUIERE PRESENTAR OTROS PUNTOS DE
VISTA QUE SE ME OLVIDAN A MI. MUCHAS GRACIAS. VIVA A LITTLE HAVANA!
TRANSLATION: Then we decided to come here today to ask and demand that you
change the name and you call it Little Havana. (SHOUTING, APPLAUSE, CHEERING)
They are saying that nothing else has to be said. Now, thank you very much
for having listened to us, our complaint for the five minutes, that every rule
has an exception. Thank you.(SHOUTING, APPLAUSE, CHEERING!)
Mayor Suarez: The speaker, understanding the amount of time that has taken...
please, please. And for the record, and for the Commissioners that don't
speak Spanish, understanding the fact that he has made all the arguments
essentially for the group that would like to return the name or create the
name of Pequena Habana, he has yielded all the rest of the time, which,
actually, there is no time left, so that we may hear from the group that's
against. ASI QUE AHORA VAMOS A OIR DEL GRUPO QUE ESTA A FAVOR DE MANTENER EL
NOMBRE DE LATIN QUARTER...POR FAVOR...Y DENLE LA MISMA ATENCION, EL MISMO
September 27, 1990
Mayor Suarez: FOR FAVOR, ELIO....
SR. ELIO ROJAS: YO QUIERO DECIRLES...
MR. ODIO: AH, TU VAS A HABLAR EN ESPANOL ENTONCES? (LAUGHTER)
SR. ROJAS: ? QUIEREN INGLES 0 QUIEREN ESPANOL?
RESPECTO QUE LE HAN DADO A LA PRESENTACION DE ANGELITO. POE FAVOR...POR
FAVOR, NECESITAMOS QUE...SENORA 0 SE SIENTA....VAMOS A TRATAR...
Mr. Elio Rojas: Mr. Mayor, Commissioners, my name is Elio Rojas and...
Mayor Suarez: (BACKGROUND NOISE FROM THE CROWD) POR FAVOR, POR FAVOR....
Mr. Rojas: My name is Elio Rojas, I'm the president of the Latin Quarter
Association. And, on behalf of the 300 members of the association, we, the
people in the Latin Quarter,...
Commissioner Plummer: Wait a minute, Mr. Mayor, I'm sorry and I'm sorry the
gringo has got to bring this up, but I think in the same vein, Mr. Manager,
you should translate into Spanish what he's saying in English. (CHEERING,
APPLAUSE, SHOUTING)
Mayor Suarez: ESFERESE UN MOMENTICO...SENOR DE LAS... ESE MISMO... NO VAMOS A
PERMITIR QUE INTERRUMPA LOS PROCEDIMIENTOS AQUI, OK. HAY DIVERSION SIEMPRE EN
LOS ARGUMENTOS; Y HAY TODA CLASE DE SATISFACCION DE QUE SU ARGUMENTO SE HAGA,
PERO POR FAVOR CON RESPETO A LOS DEMAS, OK?
Mr. Cesar Odio: HABLA COMO TE DE LA GANA, PERO DESPACIO.
MR. ROJAS: Mr. Mayor, Commissioners, my name is Elio Rojas, president of the
Latin Quarter Association. On behalf of the members of the Latin Quarter, I
want to express the feeling of the members...
TRANSLATIONN: YO SOY EL PRESIDENTE DEL LATIN QUARTER ASSOCIATION. A NOMBRE
DE LOS MIEMBROS DEL LATIN QUARTER YO QUIERO DECIRLES A USTEDES MIS
SENTIMIENTOS...
SR. ROJAS: SI LO VAS A DECIR EN ESPANOL, NO LO VOY A DECIR EN
INGLES...(LAUGHTER)
Mayor Suarez: ELIO SI TU PUEDES RACER ARGUMENTO EN ESPANOL PRIMERO Y DESPUES
LO REPITES EN INGLES...ESO ES IGUAL... Or else you can translate to the
English so we have it on the record. Either way, Mr. Manager.
Mr. Odio: I'll translate it in English.
Mayor Suarez: SI QUIERES HAZ EL ARGUMENTO EN ESPANOL and the Manager would
translate it into English. EL ESTA TRADUCIENDO ANYWAY, ASI ESTA EN EL RECORD
EN INGLES TAMBIEN. PROCEDE...
SR. ROJAS: YO, COMO PRESIDENTE DEL LATIN QUARTER, 300 MIEMBROS QUE TIENE LA
ASOCIAICION, NOSOTROS ESTAMOS EN UNA POSICION LA CUAL NECESITAMOS LA
COOPERACION DE TODO EL MUNDO. TODO ESTO QUE SE HA FORMADO A TRAVES DE..UNOS
I4ESES ATRAS DE QUERER CAMBIAR LA PALABRA "LATIN QUARTER" LA ASOCIACION Y EL
PROJECTO, DONDE SE HA HECHO EL LATIN QUARTER, QUE ES DE LA L2 AVENIDA A LA L7,
DE LA 9 DEL SOUTHWEST A LA IRA. DEL NORTHWEST, SOLAMENTE HA SIDO PARA EL
BENEFICIO DE LA CIUDAD DE MIAMI, EN LA CUAL NOSOTROS, DESDE LOS ANOS '70, EN
LO CUAL YO NO ESTABA PRESENTE, POR UN GRUPO DE COMERCIANTES Y PROFESIONALES
QUE TRATARON Y LO HICIERON QUE ES EL LATIN QUARTER, ESO HA SIDO EN BENEFICIO
DE LA COMUNIDAD, NUNCA FUE PARA CAMBIARLE EL NOMBRE DE LITTLE HAVANA, A LITTLE
HAVANA NI A LA CALLE OCHO. PARA UNA INFORMACION DE TODOS EL LATIN QUARTER SE
LLAMA Y ESTA REGISTRADO EN TALAHASSEE COMO TAL- "LATIN QUARTER- LITTLE HAVANA -
U.S.A." YO CREO QUE MIRIAM ALONSO HIZO LA MENCION QUE SE LLAMARA: "LATIN
QUARTER- LITTLE HAVANA - U.S.A. ".
(LOUD VOICED PROTESTS FROM THE AUDIENCE!...)
TRANSLATION: I, as president of the Latin Quarter, we have 300 members that
has the association. We are in a position of where we need the cooperation of
everybody concerned. All of this that has been formed because of a few months
back to change the word Latin to change the name of the project that goes
from... only has been for the benefit of the City of Miami. Because when we
started in the years in 1970s, when I was not president then, by a group of
78 September 27, 1990
—p
Commissioner Alonso: PERDON! PERDON PERDON, SENOR ROJAS,YO CREO QUE LISTED
EQUIVOCO LO QUE YO DIJE, YO NO DIJE ESO. YO DIJE CLARA Y ESPECIFICAMENTE QUE
EL NOMBRE DEBE DE PERMANECER PEQUENA HABANA, LITTLE HAVANA. (APLAUSOS Y
OVACION!)
TRANSLATION: I think you made a mistake here, Elio. I didn't say that. I
said very clearly and specifically that the name should stay as Little Havana.
(CHEERING AND APPLAUSE)
DESAPAREZCA EL LATIN QUARTER?
TRANSLATION: Then, what you're saying is, you want the name of Latin Quarter
to disappear? (SHOUTING FROM THE CROWD)
Commission Alonso: USTED QUIERE QUE YO LE CONTESTE AHORA?
merchants and professionals of the area that tried and created the Latin
Quarter. That was a benefit to the total community. It wasn't done with the
idea to change the name of Little Havana or Calle Ocho either. So you all
will know, the Latin Quarter Association is registered in Tallahassee as Latin
Quarter - Little Havana - U.S.A. Commissioner Alonso made the mention that it
would be called "Latin Quarter, Little Havana, U.S.A. "(LOUD VOICED PROTESTS
FROM THE AUDIENCE!..)
SR. ROJAS: ENTONCES USTED ME ESTA DANDO A ENTENDER QUE USTED QUIERE QUE
Mr. Rojas: POR FAVOR, please.
COMISIONADA ALONSO: NO, YO NO QUIERO QUE DESAPAREZCA EL CONCEPTO...
TRANSLATION: I don't want the concept to disappear.
Commissioner Alonso:...PERO SI TIENE QUE DESAPARECER EL CONCEPTO, EL PROYECTO
Y TODO, PORQUE PARA EXISTIR TIENE QUE DESAPARECER EL NOMBRE ANTERIOR, PEQUENA
HABANA,..LA RESPUESTA ES SI!, QUIERO QUE DESAPAREZCA...(CHEERING, APPLAUSE,
SHOUTING)
Mr. Odio: I'd better translate that part.
Mayor Suarez: ESPERENSE UN MOMENTICO, ESPERENSE ...DE NUEVO LA SEGUNDA
ADVERTENCIA SENOR, SI LE VA A FALTAR AL RESPETO AQUI A ALGUIEN NO SE LE VA A
PERMITIR QUE ESTE EN ESTA AUDIENCIA.
Mr. Odio: I want to translate what she said for a minute.
Mayor Suarez: QUE IBAMOS A ACTUAR CON SERENIDAD Y CON RESPETO MUTUO.
Mr. Odio: Just to...
Commissioner Alonso: ES MUY IMPORTANTE QUE USTEDES ESTEN TRANQUILOS PARA QUE
ESTO SE PUEDA LLEVAR CORRECTAMANTE Y CON RESPETO DE TODOS LOS QUE ESTAMOS
AQUI, ESO ES LO FUNDAMENTAL PARA EVITAR PROBLEMAS. YO NO CREO QUE TENEMOS QUE
OFENDER AL SENOR ROJAS NI A NADIE, Y EN IGUALDAD DE CONDICIONES, ESTOY SEGURA
QUE EL NO NOS VA A OFENDER A NINGUNO DE NOSOTROS. ACLARANDO MI POSICION, SR.
ROJAS. YO NO TENGO NINGUN INTERES EN QUE UN PROJECTO QUE AYUDE A LA PEQUENA
HABANA DESAPAREZCA. MUY POCAS PERSONAS HAN TRABAJADO TANTO POR LA PEQUENA
HABANA COMO YO. Y AQUI HAY CARAS, COMO FLORENTINO PEREZ, ALLA ATRAS, QUE LO
SABEN. (APPLAUSE) AQUI, PERSONAS QUE ESTAN AQUI A TRAVES DE LOS ANOS, NOS HAN
VISTO TRABAJAR INTENSAMENTE POR PROJECTOS DE MEJORIA. EN ESTE MOMENTO, YO,
COMO COMISIONADA, Y EL ADMINISTRADOR DE LA CIUDAD DE MIAMI LO SABE, ESTOY EN
PROYECTO MUY SERIO PARA TRAER DESARROLLO ECONOMICO, TRABAJOS, Y DE VERDADERO
DESARROLLO DENTRO DE LA PEQUENA HABANA. SI EL LATIN QUARTER, COMO YO LO CREO,
"EL CONCEPTO", EL CONCEPTO...TRAE TRABAJO, TRAE MEJORAS PARA LOS COMERCIANTES,
TRAE BENEFICIOS PARA EL AREA, YO Y EL PUEBLO, LO QUIEREN. (APLAUSO) LO QUE NO
QUEREMOS, A NINGUN PRECIO QUE LA PEQUENA HABANA TENGA QUE DESAPERECER, Y YO NO
CREO QUE TIENE QUE TIENE QUE SER EL PRECIO A PAGAR.
TRANSLATION: She's clarifying her position. She has no interest whatsoever
in that the project... that to help the Little Havana area would disappear.
Very few people have worked so hard in Little Havana as she has. There are
faces here, like Florentino Perez, that are here now that, through the years,
I have seen them work, have seen intensely, for projects of improvement in
Little Havana. At this moment, as Commissioner, and the City Manager, as he
knows, she's working on a project very seriously to bring economic development
and jobs to Little Havana. (APPLAUSE, SHOUTING, CHEERS) If the Latin Quarter,
like she believes, the "concept" of, brings jobs, brings improvements to the
merchants, brings benefits for the entire area, she and the people would want
79
September 27, 1990
it. (APPLAUSE AND CHEERING) What she doesn't want or they want, at any
price, at any cost, that the Little Havana area would disappear. I don't
believe that that's the price that should be paid. (APPLAUSE, SHOUTING,
CHEERING)
Mayor Suarez: COMPLETE, POR FAVOR, SU PRESENTACION,...
Commissioner Alonso: Gracias.
Mayor Suarez: Senor.
SR. ROJAS: EN NINGUN MOMENTO NOSOTROS, DEL LATIN QUARTER...YO VIVO EN LA
PEQUENA HABANA. ME SIENTO ORGULLOSO DE VIVIR EN ELLA, ME SIENTO ORGULLOSO DE
PERTENECER AL LATIN QUARTER . YO FUI EL PRIMER PRESIDENTE EN EL ANO 84. YO
MICE LA ASOCIACION Y VOLVI A LA PRESIDENCIA DE NUEVO. A MI ME CUESTA DINERO,
YO NO DEVENGO NI UN CENTAVO DE ELLO, Y USTED LO SABE MUY BIEN. YO CREO QUE
TANTOS ESFUERZOS DE TANTA GENTE - COMERCIANTES, PROFESIONALES Y VECINGS DEL
AREA DEL LATIN QUARTER - QUE MEMOS LUCHADO DURANTE TANTOS ANOS PARA CREAR
TRABAJOS, PARA CREAR BENEFICIOS, MANTENER AQUELLO DECENTE, ALUMBRADO,
LIMPIO,..QUE NO SE NOS VAYA A PRETENDER DESPUES QUE NOSOTROS A NIVEL NACIONAL
MEMOS TRATADO DE COMUNICAR CON MUCHAS INSTITUCIONES Y MUCHOS PROJECTOS PARA
QUE VENGAN A INVERTIR A NUESTRA PEQUENA HABANA..EL LATIN QUARTER, QUE ESTA EN
EL CORAZON DE LA PEQUENA HABANA, MOSTRARLE A ESA GENTE QUE TENEMOS UN AREA
ESPECIFICA PARA ELLOS, DONDE ELLOS PUEDAN DESARROLLAR, COMO YA TENEMOS EN
CAMINO, EL SPECIALTY CENTER, QUE ESTOY SEGURO QUE MUCHOS AQUI DESCONOCEN CUAL
ES EL PROJECTO DEL SPECIALTY CENTER, Y YO QUISIERA QUE LA COMISION POR ALGUNOS
MEDIOS LE HICIERA SABER A LA GENTE DE MIAMI QUE CUAL ES LOS MOTIVOS DEL
SPECIALTY CENTER Y PARA QUE ES EL SPECIALTY CENTER, PORQUE ESTAN DESINFORMADOS
TOTALMENTE. QUEREMOS TAMBIEN HACERLES SABER QUE TENEMOS PROJECTOS YA COMO UN
PIZZA HUT QUE SE VA A SITUAR FRENTE AL...(risas y comentarios en alta voz
desde el publico), OTROS PROJECTOS QUE VIENEN QUE NO QUEREMOS MENCIONAR PORQUE
NO ESTAMOS SEGUROS QUE ESTAN FIRMADOS CONTRATOS Y DEMAS. HAY UN..NOSOTROS
QUEREMOS TAMBIEN MANTENER DE NO VER MAS "STORE FOR RENT ". ESTAMOS BUSCANDO
PERSONAS QUE VENGAN A ABRIR ESOS NEGOCIOS Y VAMOS A TRATAR DE CANALIZAR PARA
QUE ESOS STORES SE OCUPEN Y YA CON ESO PUES LE DAMOS LA OPORTUNIDAD A MUCHOS
INDIGENTES, BORRACHOS, INDESEABLES, DRUG - ADICTOS QUE ANDAN POR EL AREA, QUE NO
QUEPAN EN ESA AREA. PORQUE CUANDO NOSOTROS YA COPEMOS AQUELLO Y VENGA EL
TURISTA Y TENGAMOS EL SPECIALTY CENTER, ESA GENTE SE VA A DESAPARECER POR SU
PROPIO PESO. Y UNOS DE LOS PROJECTOS, CUANDO TENGAMOS EL DESARROLLO DEL
SPECIALTY CENTER, Y ESE VA A SER "THE LITTLE BAYSIDE" EN EL CORAZON DE LITTLE
HAVANA Y EL LATIN QUARTER. YO QUISIERA, Y LE PIDO A LA COMISION, DE MANTENER
EL LATIN QUARTER EN LA FORMA QUE... (BOOS, LOUD JEERING FROM THE CROWD!)..
TRANSLATION: At no time, we, of the Latin Quarter - I live in Little Havana
and I feel proud of living in Little Havana and to belong to the Latin Quarter
as the first president in 1984. I created that association... and he just
returned to the presidency now. It's costing him money. He doesn't have any
money there and he doesn't make any money from there. I believe that all
these efforts of so many people, the merchants and professionals and neighbors
of the area of the Latin Quarter that have fought for so many years to
increase jobs and benefits and keep that area decent with lights and clean,
that we are not going to pretend after we have brought it at the national
level and we have made contacts in the national level with many institutions
and many projects to come and invest in the Little Havana area, the Latin
Quarters, who is in the heart of Little Havana, to show those people that
there is a specific area for them, so that they could come here and develop
like we have now on the way, a specialty center, but a lot of people here
probably do not know what the specialty center project is. I wish the
Commission, through some means, would let these people know, to the people of
Miami, what is the reason for the specialty center and why was it created and
why....? Because they are totally misinformed. We want you also to believe
that we have a project now that is going to be built there, a Pizza Hut,
across the... (LAUGHTER AND LOUD TALK AMONGST MEMBERS OF THE CROWD) We also
have other projects that we have, we cannot mention now because they are not
for sure. We want to also maintain... We don't want to see any more signs
that say "Store for Rent." We are looking for people to come over to open
those businesses. We're trying to find people to come and rent the stores so
that all the drunks and all the homeless that are in that area will go away
and the area will be revitalized. When we develop the specialty center, which
will be the Bayside... the Little Bayside in the heart of Little Havana, Latin
Quarter. I ask you and I beg you, the Commission, to keep the name Latin
Quarter.(NOES AND JEERING FROM THE CROWD)
80 September 27, 1990
—t
Mayor Souarez: ?USTED SABE ?...do you know that?
Mr. Rojas: MR. MAYOR, YO LE PUEDO CONTESTAR.
Mayor Suarez: ELIO Y ANGELITO LOS DOS. YO TENGO UNA PREGUNTA
TECNICA...OIGAN, POR FAVOR , RESPETEN LOS PROCEDIMIENTOS NUESTROS, MIREN,..Y
POR FAVOR, AL ADMINISTRADOR QUE LO TRADUZCA. YO QUISIERA PREGUNTARLE A USTED,
ELIO, Y A ANGELITO SI SABEN SI EL NOMBRE..,VAMOS A SUPONER QUE LA COMISION
QUISIERA DARLE EL NOMBRE LITTLE HAVANA AL SPECIALTY CENTER. USTEDES SABEN,
CUALQUIERA DE USTEDES DOS, SI ESE NOMBRE ESTA DISPONIBLE Y NO ESTA YA
RESERVADO POR OTRO NEGOCIO QUE LO HAYA RESERVADO?
TRANSLATION: I want to ask you Elio, and you, sir, Angelito, if you know if
the name... let's suppose that the Commission would like to call it Little
Havana Specialty Center. Would you know if...any one of you, if that name is
available ?... it has not been used by... or registered by somebody else? Do
you know that?
Mr. Suarez: PORQUE YO CREO QUE HAY COMERCIOS YA, Y HAY... NO ESTOY SEGURO,
NO... QUE... POR FAVOR, POR FAVOR, SI SABEN...ES UNA PREGUNTA TECNICA NADA
MAS...If you know if the name.. let's suppose that the Commission would like to
call Little Havana the Specialty Center. Would you know, any one of you, if
that name is available ?..if it has not been used by somebody or registered by
somebody else? Would you know that?..
TRANSLATION: I believe that there are some businesses that might..he's not
sure.. if anyone of you know..let me know.. it's a technical question.
Mr. Rojas: MR. MAYOR, EL NOMBRE "LITTLE HAVANA, LATIN QUARTER, U.S.A." ESTA
REGISTRADO EN TALLAHASSEE. YO LES PUEDO MOSTRAR EL CERTIFICADO DE
REGISTRACION COMO UNA CORPORACION.
TRANSLATION: The name is registered as "Latin Quarter, Little Havana, U.S.A."
He can show you the Certificate of Registration.(INAUDIBLE STATEMENT)
Mr. Odio: He did not ask you that question.
Mayor Suarez: USTED SABE ANGELITO, SI ESE..? PORQUE TENGO LA IMPRESION QUE A
LO MEJOR HAY ALGUN OTRO QUE TENGA...
MR. GONZALEZ: MIRA, YO NO, HONESTAMENTE, NO TENGO EL CONOCIMIENTO, PERO SI
CONOZCO LAS PICARDIAS QUE SE HACEN PARA TODO ESTO, YO CREO QUE (CHEERS AND
APPLAUSE!)
TRANSLATION: Look, I honestly don't know. But I also know the trickery
behind this.(CHEERS AND APPLAUSE)
Mayor Suarez: POR FAVOR, OK. YO NADA MAS QUERIA HACER ESA PREGUNTA, ANGELITO
Y TENGO QUE RESPETAR..ANGELITO, ES UNA PREGUNTA TECNICA.... PORQUE TENEMOS
QUE PODER SABER QUE DIRECCION ESTAMOS MARCHANDO EN EL DIA DE HOY, OK.
TRANSLATION: He only wanted to ask the question. Angelito, it's only a
technical question. We want to know what direction we're taking in today's
agenda.
Mayor Suarez: Commissioners, my inclination is to either take action now or
not, as you deem fit, but not to extend the debate beyond this point.
Unidentified Speaker: EN ESPANOL, POR FAVOR.
Mayor Suarez: YO SE LO VOY A DECIR EN ESPANOL, Y USTED LO VA A ENTENDER MUY
CLARAMENTE PERO SI VUELVE A HABLAR FUERA DE TURNO VA A TENER QUE OIRLO ALLA
AFUERA.(SHOUTING BY THE CROWD, PROTESTS!)
Mayor Suarez: MIRE QUE EL SENOR RESPETO LO QUE SE LE DIJO...(SHOUTING) OK.
COMO DIJE EN INGLES, EL DEBATE SE VA A CERRAR. LOS COMISIONADOS VAN A DECIDIR
SI VAN A DECIDIR ALGO HOY 0 SI NO, PERO LO VAMOS A HACER A NIVEL DE LA
COMISION PORQUE TENEMOS TODAVIA UNA SESION SOBRE PLANIFICACION Y ZONIFICACION
Y DESPUES EL PRESUPUESTO. ASI QUE...Y LOS COMISIONADOS A LO MEJOR QUIEREN
DISCUTIR. NO, LAS DOS PRESENTACIONES QUE SE HAN HECHO...COMO SIEMPRE SABEN, Y
COMO SIEMPRE LE DIJIMOS, PUEDE PEDIR UN AUDIENCIA Y SE LA DAMOS CON MUCHO
GUSTO EN EL FUTURO, PERO YA LOS BASICOS ARGUMENTOS SE HAN HECHO MY BIEN,
SENORA.
Unidentified speaker: DEJAME HACERLO, COMO MUJER CUBANA YO QUISIERA EXPRESAR
MUY BREVEMENTE Y MUY SENCILLAMENTE...
81
September 2 ?, 1990
/.V_,..7.y 1 9. 4u1!4aiilwr ^tdlii 6l.hld,nio. ,..W'''�:
Mayor Suarez: POR FAVOR, NOSOTROS HABIAMOS TRATADO DE ESPECIFICAR Y DE BUSCAR
DENTRO DE LA AGENDA DE HOY ALGUNOS MINUTOS EN DEFERENCIA Y EN CORTESIA A LA
COMISIONADA Y LOS QUE HAN VENIDO, PERO YA NOS MEMOS EXTENDIDO 55 MINUTOS DESDE
LAS 3:30 P.M... (LAUD PROTEST!) NO, NO, A NIVEL DE LA COMISION AHORA, SENORA,
EL DEBATE SE HA CERRADO. OK. Commissioner De Yurre.
Commissioner De Yurre: Mr. Mayor,..Y CESAR, TU LO PUEDES TRADUCIR ENTONCES?
I have a great concern, and it has to do with the Latin Quarter Specialty
Center. I was requested by the Commission to look into and assist the process
of the Latin Quarter Specialty Center. And I am very disappointed with the
way it's proceeding. MUY DESENCATADO.
TRANSLATION: YO TENGO UNA GRAN PREOCUPACION Y TIENE QUE VER CON EL PROYECTO
DEL LATIN QUARTER SPECIALTY CENTER. A MI ME PIDIO LA COMISION QUE YO MIRARA
EL PROCESO DE ESTE PROYECTO. Y NO ESTOY MUY CONTENTO CON LA FORMA EN QUE SE
HA DESARROLLADO. ESTOY MUY DESENCATADO.
Mr. Odio: He's not happy with the project.
Mayor Suarez: Disappointed.
Commissioner De Yurre: My concern is that without having the power of
condemnation, we will never be able to assemble the land that has been
identified as the Latin Quarter Specialty Center. I feel that in order to
accomplish that, it would take at least three to five years to do all the work
that has to be done through Tallahassee. We have been at this process for
years now. Elio and many others have devoted many hours, countless hours, and
I believe that it is time that we revisit this issue to see if it's really
feasible or whether we look to alternatives that will enhance Calle Ocho and
Little Havana. I feel that one of the things that we need, and to me, I feel
greatly depressed when I go down 8th Street and see all the businesses that
are closed, that once they were thriving and functioning very well. I feel
that the Latin Quarter Specialty Center will not have the impact,
economically, that people once thought it would. I feel that we have to have
a greater program that will encompass all of Little Havana. I've been talking
with Community Development and we have come up with a program that I will
propose today to revitalize Little Havana. And that is that we commit today,
that this Commission commit today to allocating the sum of $500,000 annually
to bond that money out to generate $5,000,000 pool of money so that the money
will be there for business people that want to open up businesses in Little
Havana that would not be able, ordinarily, to go to a bank to get a loan, can
get it through this program. I feel that with this effort, we will be able to
give what we once thought that the Latin Quarter Specialty Center would give.
I feel that this way, many of the people that are here, the same as we, can
have the pride of what Little Havana stands for, will work hard towards
bringing it up to speed so that economically S.W. 8th Street and Flagler and
greater Little Havana will thrive as it once did, so the theater Tower, which
has been closed for years, may open up again. That many other businesses that
used to be there will open up again. And I put that in the form of a motion
and I ask... Y ESA ES MI MOCION, QUE LA COMISION SE COMPROMETA A PONER
$500,000 ANUALES PARA PODER OBTENER BONOS Y CREAR LA BASE DE $5,000,000 PARA
QUE LOS COMERCIANTES QUE HOY EN DIA ESTAN EN LA PEQUENA HABANA, Y AQUELLOS QUE
QUIEREN ESTAR EN LA PEQUENA HABANA, TENGAN LA OPORTUNIDAD DEL SUENO QUE
ESTABAMOS HABLANDO AQUI CUANDO LLEGAMOS NOSOTROS SE PUEDA REALIZAR A TRAVES DE
LA AYUDA DE LA CIUDAD DE MIAMI. ESA ES MI MOCION. (APPLAUSE!)
TRANSLATION: MI PREOCUPACION ES QUE QUE SIN PODER TENER EL PODER DE CONDENAR
PROPIEDADES, NO VAMOS A TENER SUFICIENTE DINERO COMO PARA COMPRAR LAS
PROPIEDADES QUE HACEN FALTA PARA PODER CREAR ESTE PROYECTO AHI. YO CREO QUE
DE ESA FORMA SE DEMORARIA DE TRES A CINCO ANOS PARA RACER TODA LA LABOR QUE
HAY QUE HACER A TRAVES DEL GOBIERNO DE TALLAHASSEE, EL GOBIERNO ESTATAL, YA
LLEVAMOS ANOS EN ESTE PROCESO, ELIO Y OTROS SE HAN LLEVADO MUCHAS HORAS EN
ESTE PROYECTO. Y YO CREO QUE YA ES HORA QUE VOLVAMOS A DISCUTIR ESTE
PROYECTO, PARA VER SI ES FACTIBLE 0 SI ES MEJOR ANALIZAR ESTO COMPLETAMENTE Y
VER SI HAY OTRAS SOLUCIONES PARA LA PEQUENA HABANA Y CALLE OCHO. YO CREO
QUE...Y UNA DE LAS COSAS QUE A MI ME DEPRIMEN MUCHO EL VIAJAR POR LA CALLE
OCHO Y VER LOS NEGOCIOS QUE ESTAN CERRADOS, QUE UNA VEZ ESTUVIERON ABIERTOS Y
LLENOS DE NEGOCIO, Y FUNCIONANDO BIEN. YO CREO QUE EL LATIN QUARTER SPECIALTY
CENTER NO VA A TENER EL IMPACTO ECONOMICO QUE LA GENTE UNA VEZ PENSARON QUE
IBA A TENER. YO CREO QUE DEBEMOS DE TENER UN PROGRAMA MAS AMPLIO QUE CUBRA A
TODA LA PEQUENA HABANA. EL HA ESTADO HABLANDO CON EL DEPARTAMENTO DE
DESARROLLO COMUNITARIO Y HA SURGIDO UN PROGRAMA QUE EL QUIERE PROPONER HOY
PARA REVITALIZAR LA PEQUENA HABANA. Y ESO ES QUE EL QUIERE HOY COMPROMETER
QUINIENTOS MIL DOLARES ANUALES PARA QUE CON ESE DINERO ENTONCES, VENDER BONOS
82
September 27, 1990
(APPLAUSE)
Commissioner Alonso: Mr. Mayor.
Mayor Suarez: Commissioner Alonso.
Mayor Suarez: POR FAVOR, NECESITAMOS SILENCIO.
Mr. Odio: If you could please sit down.
Commissioner De Yurre: Mr. Mayor...
Mr. Rojas: Mr. Mayor...
83
PARA CREAR UNA FUENTE DE CINCO MILLONES DE PESOS, DE DOLARES, PARA QUE ESE
DINERO SE PONGA COMO EN UN BANCO PARA QUE LAS PERSONAS DE LA PEQUENA HABANA, 0
LAS PERSONAS QUE QUIERAN CREAR NEGOCIOS EN LA PEQUENA HABANA, QUE NORMI,LMENTE
NO PUDIERAN IR A UN BANCO A PEDIR UN PREST'AMO, PUDIERAN CONSEGUIRLO A TRAVES
DE ESTE PROGRAMA. YO CREO QUE NOSOTROS PODEMOS, A TRAVES DE ESTE ESFUERZO,
PUDIERAMOS LOGRAR DE ESTA MANERA, LO QUE UNA VEZ NOSOTROS PENSAMOS QUE IBA A
LOGRAR EL PROYECTO DEL LATIN QUARTER. DE ESTA MANERA, YO CREO QUE MUCHA GENTE
QUE ESTAN AQUI HOY, LO MISMO QUE NOSOTROS, QUE TIENEN EL ORGULLO DE LO QUE
SIGNIFICA LA PEQUENA HABANA PARA NOSOTROS, VAN A TRABAJAR MUY DURO PARA
LOGRAR QUE SE LEVANTE UNA VEZ MAS, PARA QUE ECONOMICAMENTE, LA CALLE OCHO, LA
CALLE FLAGLER Y EL GRAN PEQUENA HABANA QUE VUELVA OTRA VEZ A SURGIR COMO UNA
VEZ ESTABA ECONOMICAMENTE., EL TEATRO TOWER, EL CINE TOWER, QUE HA ESTADO
CERRADO DURANTE MUCHOS ANOS, PUEDA ABRIR DE NUEVO, QUE MUCHOS NEGOCIOS QUE
ESTABAN AHI VUELVAN A ABRIR DE NUEVO. Y EL VA A PONER UNA MOCION AHORA... Y
ESTA ES SU MOCION...
(REVERTS TO ENGLISH) That we create a program that the City Commission would
promise to put in a $500,000 a year to be able to sell bonds and to create a
pool of $5,000,000 so that the merchants that are now today in Little Havana
and those that want to come into Little Havana, would have the opportunity
that they dreamed that they had when we arrived here could be realized, and
through the help that the City would provide. That's his motion.
Commissioner Alonso: YO QUIERO FELICITAR AL COMISIONADO VICTOR DE YURRE POR
ESA IDEA. YO CREO QUE ES UNA IDEA MUY SALUDABLE, UNA IDEA MUY EFECTIVA, Y
PROBABLEMENTE ALGO QUE LLEGUE A CONVERTIRSE EN ALGO MUY BENEFICIOSO PARA LA
PEQUENA HABANA. PERO EL TEMA QUE TENEMOS NOSOTROS DELANTE ES OTRO, Y
DIFERENTE. NOSOTROS HOY, Y NO FUE EL PROPOSITO DE MI MOCION HABLAR DEL
SPECIALTY CENTER SINO HABLAR DEL NOMBRE DE LA PEQUENA HABANA. (APPLAUSE) YO
NO QUISIERA QUE NOS FUERAMOS A SALIR DEL TEMA CONCRETO AL CUAL VINIMOS Y CREO
QUE PRIMERO HAY QUE DIRIGIRSE A LA MOCION QUE HICE YO EN RELACION CON EL
NOMBRE (APPLAUSE) Y DESPUES CON GUSTO, YO SECUNDO LA MOCION DEL COMISIONADO DE
YURRE. YO REITERO MI MOCION DE QUE EL NOMBRE DEBE DE SER CON LA TRADICION DE
31 ANOS, EL NOMBRE DEBE DE SER LA PEQUENA HABANA...LITTLE HAVANA (APPLAUSE) Y
QUISIERA QUE ESTA COMISION EMITIERA UN VOTO A FAVOR 0 EN CONTRA (APPLAUSE,
CHEERING)
TRANSLATION: She wants to congratulate Commissioner De Yurre because of this
idea. I believe that is a very healthy idea and very effective and probably
that could turn to be something very beneficial for the Little Havana area.
But the subject that we have here today (APPLAUSE)... is another one and it's
different, We, today, and it was not the intent of her motion, to speak or to
refer to the Specialty Center project, but to speak about the name of Little
Havana (APPLAUSE, CHEERING AND SHOUTING) What I would like to do... I don't
want to... she doesn't want to be...(APPLAUSE, CHEERING AND SHOUTING) She
doesn't want to be derailed from the subject that is in front of us, and I
think, first, we need to address the motion that I made in reference to the
name. (APPLAUSE, CHEERING AND SHOUTING) And then later, with pleasure, I will
second his motion. (APPLAUSE, CHEERING AND SHOUTING) Her motion is that we
agree to maintain... the name should be Little Havana. (APPLAUSE, CHEERING
AND SHOUTING) And I would like that this Commission would vote in favor or
against.(APPLAUSE, CHEERING, SHOUTING)
Mayor Suarez: We have a motion, it hasn't been seconded, and another motion
that hasn't been seconded. Commissioner De Yurre.
Commissioner De Yurre: I think that we need to know what the impact of,
legally, of the proposed change that is being placed here.
TRANSLATION: YO CREO QUE DEBEMOS SABER CUAL ES EL IMPACTO, LEGALMENTE, SOBRE
LA PROPUESTA DE CAMBIAR EL NOMBRE.
September 27, 1990
Mayor Suarez: No, no, no, we're at the Commission level.
Mr. Rojas: We haven't even finished yet.
Mayor Suarez: No, you have finished. You don't know it, but you have
finished. Both sides have finished. Now, it's at the Commission level.
Commissioner, anything further?
Commissioner De Yurre: I want to know. I want to know what the impact is.
Mayor Suarez: He's asked for a legal opinion from the City Attorney. Please!
Mr. Jorge Fernandez: In 1984, this Commission took action by way of an
ordinance establishing what is known as the Latin Quarter Review Board, and
defining...(VOICED REQUEST FOR TRANSLATION) In 1984, the City Commission
passed an ordinance which established the Latin Quarter Review Board and
besides it established definitional sections, establishing the Board itself,
who should make up the Board, the functions and powers of the Board, and my
opinion is that to the extent that the City Commission established by
ordinance, you can likewise amend it or modify it.
TRANSLATION: EN 1984, ESTA COMISION PASO UNA ORDENANZA QUE ESTABLECIO EL
LATIN QUARTER...ES UN BOARD PARA PRESIDIR SOBRE EL LATIN QUARTER. Y ADEMAS
ESTABLECIO...DIFINIENDO EL AREA QUE CUBRIA, ESTABLECIENDO EL BOARD, 0 SEA, EL
GRUPO QUE IBA A FORMAR ESA JUNTA, QUIEN DEBERIA FORMAR ESA JUNTA, LAS
FUNCIONES Y EL PODER QUE TUVIERA ESA JUNTA, Y MI OPINION ES COMO ABOGADO, QUE
COMO SE ESTABLECIO ESTE GRUPO POR ORDENANZA, PUDIERAN ENTONCES USTEDES MISMOS,
CON OTRA ORDENANZA, CAMBIAR ESTA.. (APPLAUSE AND SHOUTING)
Commissioner De Yurre: OK, now...
Commissioner De Yurre: ...with respect to any funds that have been spent
towards the concept of the Latin Quarter.. of the Latin Quarter Specialty
Center, and in general, the Latin Quarter, is there any significance if a
change is made of the name?
TRANSLATION: CON RESPECTO A CUALQUIER FONDOS QUE SE MAYAN UTILIZADO HACIA LA
CREACION DE EL CONCEPTO DE ESTE PROYECTO (LATIN QUARTER SPECIALTY CENTER), Y
EN GENERAL EL LATIN QUARTER, HABRA ALGO SIGNIFICATIVO QUE PUDIERA CREAR
PROBLEMAS SI SE CAMBIARA EL NOMBRE?
Mr. Fernandez: My opinion would be that, no, there would be no significance
so long as the district boundaries are not changed... (APPLAUSE, SHOUTING,
CHEERING) ...so long as there is no impairment or enfringement on any existing
contract, so long as... or that the purpose and mission in any way be altered.
If, by changing the name, you're also going to change the direction, the
purpose, the mission, the project, then you're talking about something else.
But, if only what you're proposing here today is change the name and not
change anything else.... (SHOUTING) ...my opinion would be that would be
feasible.(APPLAUSE, SHOUT, CHEERING)
TRANSLATION: SU OPINION ES NO, MIENTRAS QUE NO HAYA NINGUN CONTRATO
PENDIENTE 0 QUE EL PROPOSITO 0 LA MISION QUE TIENE ESTA JUNTA FUERA DE ALGUNA
MANERA ALTERADO. SI CAMBIANDO EL NOMBRE, TAMBIEN VAN A CAMBIAR LA DIRECCION
Y EL PROPOSITO Y LA MISION DEL PROYECTO, ENTONCES SI ESTA HABLANDO DE OTRA
COSA. PERO SI LO QUE ESTA PROPONIENDO ES CAMBIAR EL NOMBRE Y NO CAMBIAR MAS
NADA, MI OPINION ES QUE, DE QUE SI ENTONCES ES FACTIBLE. (APLAUSOS)
Commissioner De Yurre: Are you so sure that you're willing to put your job on
the line on that opinion? I just want to be sure.
TRANSLATION: UD. ESTA TAN SEGURO QUE UD. ESTA DISPUESTO A PONER SU PUESTO EN
LA LINIA POR ELLO ?:
Mr. Fernandez: Yes, I am.
TRANSLATION: EL ESTA SEGURO.
Commissioner De Yurre: Good.
TRANSLATION: MUY BIEN.
(APPLAUSE, SHOUTING, CHEERING)
Mayor Suarez: Anything further, Commissioners?
84
September 27, 1990
Mayor Suarez: OK.
Commissioner Alonso: Yes, I have a motion on the table.
Mayor Suarez: We have a motion. It's not been seconded. And we have a
substitute motion or a motion that you have indicated you would second, but if
it's handled after your motion.
TRANSLATION: TIENE UNA MOCION Y NO HA SIDO SECUNDADA, Y TENEMOS...(incomplete
translation)
Commissioner Alonso: No, just a minute. I said, I maintain my motion. I'm
not changing mine and I'm not accepting any other motion until mine has been
defeated because of non support of this Commission or because it was approved.
TRANSLATION: ELLA DIJO QUE MANTENIA SU MOCION Y NO LA HA CAMBIADO , Y NO
ACEPTA NINGUNA OTRA MOCION HASTA QUE LA DE ELLA HAYA SIDO DERROTADA 0
ACEPTADA. (APPLAUSE, SHOUTING, CHEERING)
Mayor Suarez: The second motion has not been seconded either and the only
thing... the only indication we have is that it might be at some point. All
right, Commissioners.
TRANSLATION: LA SEGUNDA MOCION TAMPOCO FUE SECUNDADA Y LA UNICA INDICACION
QUE TENEMOS ES QUE SERA EN ALGUN MOMENTO SECUNDADA. AHORA, COMISIONADOS...
Commissioner De Yurre: My concern, Mr. Mayor, and I want to be sure, and let
me tell you, one thing that we have to be sure of is that there be no
repercussions legally out of the proposed change, because the last thing we
need is a slew of lawsuits down the pike.
TRANSLATION: SU PREOCUPACION ES QUE EL QUIERE ESTAR SEGURO, Y UNA COSA QUE
TENEMOS QUE ESTAR SEGUROS, ES QUE NO VA HABER REPERCUSIONES LEGALES POR EL
CAMBIO QUE SE ESTA PROPONIENDO, PORQUE LO UNICO QUE NO NECESITAMOS ES UNA
DEMANDA MAS ADELANTE.
Commissioner Alonso: Commissioner De Yurre, I believe that if we are going to
trust the City Attorney, we have to take his word and I think that you even
asked a very strong question, you asked him to put his job on the line, and he
said "yes ", he was willing to do that.
TRANSLATION: COMISIONADO DE YURRE, YO CREO QUE SI USTED LE VA A CONFIAR AL
ABOGADO DE LA CIUDAD, TENEMOS QUE TOMAR SU PALABRA Y YO CREO QUE EL MISMO LE
PREGUNTO UNA PREGUNTA MUY FUERTE, Y USTED DIJO PONGA SU TRABAJO...Y EL DIJO
QUE SI.
(APPLAUSE, SHOUTING, CHEERING)
Vice Mayor Dawkins: Mr. Mayor.
Mayor Suarez: Vice Mayor. Mr. Vice Mayor.
Vice Mayor Dawkins: We, as City Commissioners, vote on information we have at
hand and in 1980 we received $3,000,000 from the government to do a study for
a Latin center. At that time, it was the consensus of opinion that that was
what was wanted. Now, it appears that that is not the will of the people.
So, now, in the City of Tampa where I grew up, there is a Ibor City. Nobody
in Ibor City denies his Cuban heritage. I have friends out there on both
sides of this issue, but something this important, in my opinion, should be
put on the ballot in November in the area... (NOES, BOOING) In my opinion, in
my opinion, in my opinion, OK, it should be put on the ballot in November and
only the people who live around there vote on it and tell me what you want and
I will know. I do not need, I mean, you're yelling and screaming at me, but
we're not getting any place. See? Six months from now, six weeks from now,
somebody else could bring a group in here who's anti. Just as many people as
you got now.
TRANSLATION: NOSOTROS COMO COMISIONADOS DE LA CIUDAD DE MIAMI VOTAMOS EN
INFORMACION QUE RECIBIMOS EN LA MANO...QUE TENEMOS DELANTE DE NOSOTROS. EN
1980, NOSOTROS RECIBIMOS $3,000,000 DEL GOBIERNO PARA HACER UN ESTUDIO SOBRE
UN CENTRO LLAMADO EL LATIN QUARTER. EN ESE MOMENTO ERA LA OPINION GENERAL
QUE ESO ERA LO QUE SE QUERIA. AHORA, APARENTEMENTE, ESTO NO ES LO QUE QUIERE
EL PUEBLO, ASI QUE...EN LA CIUDAD DE TAMPA, DONDE EL CRECIO HAY UN LUGAR QUE
SE LLAMA IBOR CITY. NADIR EN IBOR CITY HA NEGADO NUNCA SU HERENCIA CUBANA.
YO TENGO AMIGOS ALLA EN AMBOS LADOS DE ESTE ASUNTO PERO ALGO TAN IMPORTANTE
COMO ESTO, EN SU OPINION, SE DEBERIA PONER EN NOVIEMBRE... EN (JEERING AND
VOICED PROTESTS!)..EL CREE, EN SU OPINION, QUE SE DEBE PONER EN NOVIEMBRE, EN
LAS ELECCIONES GENERALES, EN SU OPINION, SE DEBE DE PONER EN LAS ELECCIONES
GENERALES DE NOVIEMBRE, Y QUE LA GENTE QUE VIVAN ALREDEDOR DE ELLO VOTEN...POR
. • I I or 7,
85 September 27, 1990
Commissioner Alonso: Mr. Mayor.
Mayor Suarez: Yes, Commissioner Alonso.
Commissioner Plummer: Mr. Mayor.
i�l i11iJ 1
11 1
86
FAVOR, NO GRITEN, NI LE GRITEN, PORQUE EL ESTA TRATANDO DE EXPLICARSE... SEIS
MESES DE ESTA FECHA...(LOUD VOICED BOOS, PROTESTS AND SHOUTING!).( incomplete
translation).
Mayor Suarez: TIENEN QUE RESPETAR LA DISCUSION A NIVEL DE LA COMISION PORQUE
YA MEMOS TOMADO UNA HORA Y CATORCE MINUTOS FUERA DE LA AGENDA. POR FAVOR, SI
NO, NO PODEMOS SEGUIR CON LA DISCUSION ESTA If not, we will not be able to
continue the discussion.
Vice Mayor Dawkins: I will abide by the majority of the votes of this
Commission.
TRANSLATION: YO QUIERO ACEPTAR LA MAYORIA DE LO QUE VOTEN AQUI EN ESTA
COMISION. (APPLAUSE)
Commissioner Alonso: Two things, and I think we should really ask for a vote
and if I don't have a second and another vote, there's nothing I can do.
But... (CHEERS AND APPLAUSE!)
TRANSLATION; YO CREO QUE DEBEMOS LLEVAR LA VOTACION ADELANTE AHORA Y SI NO
TENGO LOS VOTOS ENTONCES VEREMOS QUE HACEMOS (APLAUSOS Y OVACION DEL PUBLICO).
Commissioner Alonso: DOS COSAS QUE YO QUIERO DECIR. UNA, EN EL ANO 1984,
CUANDO ESTO SE VOTO EN ESTA COMISION, NO SE PUSO EN LA BOLETA ELECTORAL. Y
DOS, DESAFORTUNADAMENTE, MUCHAS DE LAS PERSONAS QUE ESTE TEMA LE ES MUY
IMPORTANTE, NO TIENEN VOTO, PERO SI PAGAN IMPUESTOS (APLAUSOS Y OVACION!)
TRANSLATION: Two things that I have to say. One, in 1984, when the Comission
voted on this issue, it was not put in the General Election. (SHOUTING AND
APPLAUSE!) And number two, unfortunately, a lot of the people that this
subject is so important to them, did not have...or don't have vote, but they
do pay taxes! (Applause).
Mayor Suarez: OK, anything further from the Commission? We've got actually,
each of three motions, none of which have been seconded.
Mayor Suarez: I would be, by the way, inclined to second Vice Mayor Dawkins'
motion and put it to a referendum and I will do that in a second, but if
Commissioner Plummer wants to state his views, that's his prerogative too.
Commissioner Plummer: You better translate. We, this Commission, operate on
a set of rules and procedures. How well I remember the very embarrassing
position of Cuban Memorial Boulevard. What I would vote for today is the
normal procedure that possibly, in October, that we would hold a public
hearing which is the proper way of procedure that this Commission operates
under, giving everyone the opportunity to come and speak to this issue.
Today, this matter comes as a pocket item, not as a...(LOUD PROTESTS AND
JEERING FROM THE CROWD!)
TRANSLATION: NOSOTROS ESTA COMISION, OPERAMOS CON UNA SERIE DE REGULACIONES
Y PROCEDIMIENTOS. COMO YO RECUERDO TODAVIA DE LO QUE PASO CUANDO SE CREO LA
AVENIDA CUBAN MEMORIAL BOULEVARD. LO QUE YO VOTARIA HOY ES EL PROCEDIMIENTO
NORMAL, QUE POSIBLEMENTE EN OCTUBRE, QUE NOSOTROS TENDRIAMOS UNA AUDIENCIA
PUBLICA, QUE ES EL PROCEDIMIENTO NORMAL DE ESTA COMISION, DANDOLE LA
OPORTUNIDAD A TODO EL MUNDO DE VENIR Y HABLARLE A LA COMISION SOBRE ESTE
ASUNTO. NOSOTROS HOY, ESTE ASUNTO A SURGIDO DE SORPRESA PARA ELLOS HOY (NOES
AND VOICED PROTESTS AND SHOUTING!)
Mayor Suarez: SI INTERRUMPEN A LOS COMISIONADOS NO CONTINUAREMOS ESTA
SESION, POR FAVOR.
MR. ODIO: POR FAVOR DEJENME ACLARAR... 0 HA SURGIDO...(NOES AND SHOUTING!)
LO QUE EL QUIERE DECIR ES QUE HA SURGIDO FUERA DE LA AGENDA NORMAL DE LA
COMISION.
Commissioner Plummer: That is correct. And I would be glad to vote to
schedule this as a normal procedure in the evening, when no one has to go away
from their work, and giving all the people the opportunity to speak. In
conclusion, Calle Ocho will always be Little Havana. (SHOUTING AND VOICED
PROTESTS)
111111., 1 II. 1 1d I d .. , 1 1, IJ 611
September 27, 1990
Commissioner De Yurre: Mr. Mayor...
Mayor Suarez: OK. LA ULTIMA ADVERTENCIA...(PROTESTS)
ivaioo 1 ii.1 .11.1 i,ii 1.11111111.111
87
TRANSLATION: Y YO QUISIERA VOTAR POR E'STO, QUE SE SIGAN LOS PROCEDIMIENTOS
NORMALES, POR LA NOCHE, CUANDO NADIE TENGA QUE DEJAR SUS TRABAJOS Y DAR EL
DERECHO A TODO EL MUNDO, TODOS LOS QUE QUIERAN HABLAR, DE HABLAR. EN
CONCLUSION, CALLE OCHO SIEMPRE VA A SER LA PEQUENA HABANA.(LOUD SHOUTING AND
PROTESTS!)
Mayor Suarez: POR FAVOR... MUCHAS GRACIAS... NOSOTROS TENEMOS OTROS ASUNTOS
QUE TENEMOS QUE PROSEGUIR EN EL DIA DE HOY. LE AGRADECEMOS TODO LO DICHO Y
EVIDENTEMENTE HAY DIFERENTES OPINIONES....POR FAVOR...(SHOUTING AND PROTESTS)
Commissioner Alonso: Mr. Mayor...(BACKGROUND SHOUTING!)
Mayor Suarez: POR FAVOR... Last statement, Commissioner Alonso.
Commissioner Alonso: As we know, I did not get a second. And, therefore, we
cannot pass this motion that I made. But I'd like to know, what are we going
to do? Are we going to have a public hearing about this? - when?(LOUD PROTESTS
AND SHOUTING!)
TRANSLATION: COMO YA SE NO ME HAN SECUNDADO Y, POR LO TANTO, NO PODEMOS PASAR
ESTA MOCION HOY PERO YO QUIERO SABER QUE VAMOS A HACER? VAMOS A TENER UNA
AUDIENCIA PUBLICA,..Y CUANDO ?..(VOICED PROTESTS AND LOUD SHOUTING)
Mayor Suarez: I am sorry we didn't clarify that. I thought it was
understood. YO CREI QUE ESTABA SOBREENTENDIDO QUE SI EL COMISIONADO PLUMMER
IGUAL COMO LA COMISIONADA ALONSO 0 CUALQUIER MIEMBRO DE ESTA COMISION,
INCLUSIVE DEL PUEBLO, QUIERE TENER UNA AUDIENCIA PUBLICA SOBRE ESTE TEMA,
CLARO QUE SE TENDRA. ME IMAGINO QUE ELLOS VAN A PROPONER LA FECHA DE OCTUBRE
18 Y ESO ES LO QUE HA INDICADO EL COMISIONADO PLUMMER QUE CREE QUE ES DE
ACUERDO CON NUESTRO PROCEDIMIENTO, POR DERECHO ... POR DERECHO, DE CUALQUIER
MIEMBRO DE LA COMISION 0 DEL PUBLICO, ASI QUE, SI NO CLARIFIQUE ESO, QUISE
DECIRLO, A LO MEJOR... YO CREI QUE ESTABA SOBREENTENDIDO ESO.
Mayor Suarez: Commissioner de Yurre.
Commissioner De Yurre: I feel that my spirit is with what Mirian has proposed
here today. However...((GRITOS Y PROTESTASI).
TRANSLATION: YO PIENSO IGUAL QUE LO QUE MIRIAM ALONSO HA PROPUESTO AQUI
HOY...(SHOUTING)
Commissioner De Yurre: What is there is the following. First of all, if the
change is going to be made and the people want us to change it, the change
will come. (SHOUTING AND PROTESTS!) The change will come in the process that
we have to follow. We have to follow the process anyway. However, now..
(SHOUTING AND PROTESTS!) Let me tell you something. If the...(REVERTS TO
SPANISH)
TRANSLATION: YO QUIERO LO SIGUIENTE. PRIMER() QUE NADA SI EL CAMBIO SE VA A
HACER Y EL PUEBLO QUIERE EL CAMBIO, EL CAMBIO VIENE.(APLAUSOS!) PERO EL
CAMBIO VIENE EN EL PROCESO QUE NOSOTROS TENEMOS QUE SEGUIR. TENEMOS QUE
SEGUIRLO AHORA (PROTESTAS!). CHICO MIRA...DEJAME DECIRTE UNA COSA, SI TE
PONES ASI...Y0 TE VOY A DECIR, YO TENGO QUE RACER LO QUE ES MEJOR PARA
PROTEGER LOS INTERESES DE NOSOTROS.
(SHOUTING AND SCREAMING)
Mayor Suarez: OK, all right. We don't want to have to...SENORA, SENORA, LE
DIGO IGUAL QUE LE DIJE AL SENOR DE LAS RAYITAS ROJAS Y BLANCAS...(INAUDIBLE
COMMENT). SI, SI..SE VA A IR PARA AFUERA BIEN PRONTO DE UNA MANERA 0 DE OTRA
ASI ES QUE, POR FAVOR, RESPETE A ESTE ASUNTO. LE HEMOS DADE UNA HORA Y 23
MINUTOS A ESTE ASUNTO. RESPETE A LA COMISION ELECTA POR EL PUEBLO. PROCEDA,
COMISIONADO.
Commissioner De Yurre: I'm in favor... of voting in favor of the charge of
the name. But in the right way, the correct way, which would be the October
18th. If we have been years with the name like that what is one more month
to make sure that everything is done right? (SHOUTING AND PROTESTS!)
TRANSLATION; YO ESTOY DE ACUERDO EN VOTAR A FAVOR DEL CAMBIO QUE SE ESTA
PROPONIENDO EN SU FORMA ADECUADA, QUE SERIA EN LA FORMA CORRECTA, QUE SERIA EL
18 DE OCTUBRE. SI HEMOS ESTADO ANOS...ANOS HEMOS ESTADO CON EL NOMBRE ASI,
PODEMOS ESPERAR UN MES HAS PARA ASEGURAR DE QUE TODO ESTE HECHO
CORRECTAMENTE..ES LO NATURAL..(GRITOS Y PROTESTAS!)
September 27, 1990
Mayor Suarez: OK, OK, MARIETA, AHORA SI QUE VOY A TENER QUE PEDIRLE QUE SE
VAYA, EL OFICIAL LA VA A ESCOLTAR. (PROTESTAS Y
GRITOS..)
Commissioner Alonso:
ENTRE PERSONAS EDUCADAS, FOR FAVOR...
SENORES, POR FAVOR, MANTENGAN EL ORDER, ESTAMOS TRATANDO
Mayor Suarez: LOS QUE QUIERAN COMPORTARSE Y PUEDAN COMPORTARSE, SE PUEDEN
QUEDAR. OK. FOR FAVOR, ESCUCHEN A LA COMISION EN SU DECISION...MONTOYA,
MONTOYA, CON ORDEN Y SERENIDAD QUE TEMBIEN TU VAS...0K. Please, LOS QUE
PUEDAN COMPORTARSE CON SERENIDAD Y DEMOCRACIA QUE SE QUEDEN POR
FAQVOR...SENOR, SENOR, NO ESTA RECONOCIDO, ESPERESE ANGELITO.
(LOUD SHOUTING AND COLLECTIVE SINGING OF THE CUBAN NATIONAL ANTHEM).
Commissioner Alonso: ALCALDE, YO QUISIERA PARA TERMINAR..CESAR POR FAVOR,
PUEDE TRADUCIR PARA QUE ELLOS LO ENTIENDAN..PARA FINALIZAR YO QUISIERA DECIR
DOS COSAS. VAMOS A TENER QUE TENER LA PACIENCIA DE ESPERAR AL 18 DE OCTUBRE,
VENIR A UNA MOCION, PERO HAY ALGO QUE NO QUIERO DEJAR PASAR ESTA OPORTUNIDAD.
RECUERDEN QUE EN UNA DEMOCRACIA EL VOTO CUENTA.(SHOUTING!) HOY NOS HAN
RECORDADO LA IMPORTANCIA DE CONTARNOS, EN LAS URNAS SE NOS CUENTA, RECUERDEN
ESTO1 GRACIAS. (CHEERS AND SHOUTING!)
TRANSLATION: Please, please. I want to conlude by saying the following. We
have to have patience to wait until October 18th, ask for a motion, ubut there
is something I don't want to let this opportunity pass by without saying.
Remember, that in a democracy, the vote counts. (LOUD VOICED PROTESTS AND
SHOUTING!).
Mayor Suarez: POR FAVOR, PAR FAVOR, NO, NO...YA SE ACABO, SE ACABO LA
DISCUSION PUBLICA, TOCAYO..SE ACABO LA DISCUSION PUBLICA. GRACIAS, GRACIAS.
(inaudible statement) OK, VAMOS A ESPECIFICAR LA HORA DE LA SESION (LOUD
VOICES AND SHOUTING!).... FOR FAVOR SENOR, SENOR...FOR FAVOR. (LOUD BACKGROUND
NOISE!) VAMOS A ESPECIFICAR LA HORA DE LA SESION. VAMOS A HACERLO A LAS 6 DE
LA TARDE, YO CREO QUE ES LA MEJOR HORA. POR FAVOR, AHORA CON ORDEN Y
SERENIDAD EL DIA 18 DE OCTUBRE, A LAS SEIS DE LA TARDE SE DISCUTIRA EL TEMA Y
ASI ESTA FIJADO. MUCHAS GRACIAS A TODOS POR SU PRESENTACION; Y A LOS QUE
TUVIERON CORTESIA Y SERENIDAD POR ESO, Y A LOS QUE NO, FOR FAVOR APRENDANLA
PARA LA PROXIMA SESION. MUCHAS GRACIAS...MUCHAS GRACIAS....(LOUD SHOUTING)...
Incomplete Translation: The 18th of October, at 6:00 o'clock, we will hear
this issue. That has been set. Thank you for having been here. And the ones
that....(LOUD SHOUTING AND PROTESTS!)
(LOUD STATEMENTS AND SHOUTING!)
Mayor Suarez: Mr. Substitute City Attorney.
Mr. Fernandez: Yes, Mr. Mayor.
Mayor Suarez: We may as well try to do the Planning and Zoning agenda items
as quickly as possible. POR FAVOR.
Commissioner Plummer: Why don't you take a recess of five minutes? - let's
all get out.
Mayor Suarez: But I enjoy doing it. We'll start Planning and Zoning, and
Budget and all the other items that we have at 5:10 p.m.
Mr. Odio: Ten minutes.
Mayor Suarez: Ten minutes, please.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 5:00 P.M. AND
RECONVENED AT 5 :24 P.M. WITH ALL MEMBERS OF THE CITY COMMISSION
FOUND TO BE PRESENT WITH THE EXCEPTION OF VICE MAYOR DAWKINS AND
COMMISSIONER DE YURRE.
88
September 27, 1990
.III I IM 1 ILI lldl 0l 1.11.1
•T
NOTE FOR THE RECORD: At this point, the city
Commission closes consideration of the regular agenda
items to consider planning an zoning agenda items.
29. SECOND READING ORDINANCE (MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN), AMEND
10544 - AMEND FUTURE LAND USE MAP - CHANGE LAND USE DESIGNATION AT 2490-
2670 N.W. 18 TERRACE FROM DUPLEX RESIDENTIAL TO INDUSTRIAL (Applicant:
Planning Department).
Mayor Suarez: PZ -1. We're going to try to go through the planning and zoning
agenda. I'm told most of the items are not controversial, most of them are
second readings and in fairness to people who have, some of which have been
pending for a long time, we're going to try to go through them quickly and get
to the Budget. At any time that any Commissioner wishes to get a
clarification, or otherwise resolve the problem of the Orange Blossom Classic,
if anybody has a solution to it, please let me know. We'll try not to keep
you here all night, we're just going to try to follow the agenda here as
quickly as possible. PZ -1. This is a planning item?
Mr. Guillermo Olmedillo: Thank you, Mr. Mayor. This is a planning item.
It's an amendment to the Miami Comprehensive Neighborhood Plan. This is the
second reading.
Mayor Suarez: What do you need to put on the record for us to make a motion
and proceed.
Mr. Olmedillo: The only thing that I have to put on the record is that the
State submitted the objections to the amendment. Today, we have Tom Faughn
from the State DCA, (Department of Community Affairs) who came to put some
comments into the record. We have recommended for approval... the Planning
Advisory Board recommended for approval in a 9 to 0 basis, and you voted for
approval on first reading.
Mayor Suarez: Who do we have from DCA?
Mr. Olmedillo: Tom Faughn, who is right behind me here.
Mayor Suarez: OK.
Mayor Suarez: OK. Tom.
Mr. Thomas Faughn: Commissioners, my name is Thomas M. Faughn, I'm with the
Florida Department Community Affairs, I've been asked to attend this hearing
and to read the following letter, and the following letter, I have a few
comments and would be open to some questions from the Commissioners. This
letter is dated September 26th 1990, addressed to you, Mr. Mayor.
"Dear Mayor Suarez, in response to your request of September 13th 1990,
the Department of Community Affairs will send a representative to
participate in the September 27th 1990, public hearing to adopt the
proposed City of Miami Comprehensive Plan Amendment, DCA number
90S4 /City of Miami, numbers 90 -2 and number 90 -4. The department's
representative is authorized to restate our position as expressed in the
department's March 21st 1990, objections, recommendations, and comments
report and to listen to all parties. It is the department's position
that the adoption, public hearing is not the proper forum for modifying
the department's position or approving the proposed revisions to the
comprehensive plan amendment. The department's representative will be
without authority to modify the department's position, or approve
89
September 27, 1990
Mr. Olmedillo: You may remember, this is that little island in which a few
people live, and they had their businesses there for a long time, and when we
did the plan amendment, the overall plan amendment, we had designated these
people for a duplex residential district, when they in fact, have other
activities there from which they live, and this is something that we felt, was
something doing justice to the users which were already established there. -
proposals discussed at the public hearing. The department's representative will be authorized, however, to comment on proposals to
resolve objections included in the report. Final approval of any
proposed proposal may only be granted by the secretary of the Department
Community Affairs. It is the department's policy to attend and
participate only on the first day of the public hearing, should the
hearing continue beyond September 27th 1990, the department will not be
able to return and participate in remaining sessions. The department's
role with respect to approving proposed revisions will be again, upon
adoption and submittal of the comprehensive plan amendment, pursuant to
chapter 9J11.011, Florida administrative code. If I may be of further
assistance in this matter, please contact Robert G. Knave, director,
Division of Resource Planning and Management, at (904) 488 -2356,
sincerely, Randal Kelly, assistant secretary."
Mayor Suarez: Thank you. Before you make any more comments, let me just
clarify a procedural point. On zoning matters, including this one, I'm
advised that we have an ordinance that requires the parties to be sworn in.
It is my hope, as to those that support the action to be taken today, that you
do not intend to make any presentation, because I don't think, one, it's going
to be necessary, I think this Commission is inclined to proceed exactly as we
did before on first reading. As to yourself, how about if I try to make a
ruling that whatever we meant by that ordinance, we probably didn't mean to
apply it to a Statewide agency, that is coming here to tell us the Statewide
agency's position. Is that a fair understanding?
Mr. Joel Maxwell: Yes, sir.
Mayor Suarez: All right.
Commissioner Plummer: Why? Why are they any different?
Mayor Suarez: He is not speaking on his behalf, he is speaking on behalf of a
State agency.
Commissioner Plummer: No, no, no. He...
Mayor Suarez: If you want to swear him in, we'll swear... why argue about it?
If you want to swear him in, I'm sure he won't mind being sworn in.
Commissioner Plummer: I don't mind not swearing him in, if all he is doing is
reading a letter, what you can do for twenty -five cents (250 through the
mail, instead of $500.00 to fly down here.
Mayor Suarez: Yes, we went through that last time.
Commissioner Plummer: Now, if he is going to make statements after that
letter, then I think he should be sworn in.
Mayor Suarez: What will be, just quickly, the nature of your statements? Are
you going to try to argue the position that we've heard from you?
Mr. Faughn: No, sir. What I'll like to do is clarify a letter which was sent
to the department rep...
Mayor Suarez: The prior letter?
Mr. Faughn: Beg pardon?
Mayor Suarez: Our letter, or your letter?
Mr. Faughn: Your letter, referencing the...
Mayor Suarez: You're going to clarify my letter, and for that, we're going to
have to swear you in. All right, swear him in, Madam City Clerk. I'm sorry
to do this, sir...
Mr. Faughn: It's quite all right.
Mayor Suarez: ... but it sounds like you're going to go beyond the agency
position as stated in the letter, and God knows, maybe, the ordinance requires
that you be sworn in.
90 September 27, 1990
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.
Mayor Suarez; All right.
Commissioner Plummer: That didn't hurt at all, did it?
Mr. Faughn: It felt good.
Commissioner Plummer: Thank you.
Mr. Faughn: At the moment, we are discussing one of two applications. The
first one I assume is •- we are discussing is, application 90 -4. We will
later discuss application 90 -2. I make reference to the objections,
recommendations, and comments report submitted by the department. I need to
clarify for the record, that this objection, recommendations and comments
report, applies only to application 90 -2, it does not apply to application 90-
4.
Commissioner Plummer: Will you tell us the difference? I mean, tell me,
anyhow. What is the difference between 90 -2 and 90 -47
Mr. Olmedillo: Ninety dash two is David Hill's application which you're going
to hear later on tonight, and...
Commissioner Plummer: Application on the same parcel?
Mr. Olmedillo: No. Not on the same parcel. On the Taurus property which is
down here in the Grove, Main Highway.
Commissioner Plummer: Right. So, this is 90 -2 or 90 -... what's before us,
right now?
Mr. Olmedillo: Right now is 90 -4 which is the one that applies to Paradise
Point.
Commissioner Plummer: OK. Fine. Now, I understand.
Mr. Faughn: OK. I need to explain further, Commissioners, that since we
received both of these amendments on the same day, we combined those and we've
labeled them with our DCA's designation of 90 -S4, the 'S' stands for small
scale. Are there any questions?
Mayor Suarez: No, there is a statement from myself. Will you please convey
to the director of community affairs in the state of Florida, that we neither
need your intervention in these matters, nor particularly want it. Unless the
law specifically requires you to do this, for myself, we can do quite well by
our zoning ordinances in the City of Miami by our comprehensive matter plan,
without the help of the DCA. And I think they ought to do what the name
implies. Department of Community Affairs should be trying to do something
about the various communities in the State of Florida, and to try to improve
the living conditions, and not tell us how to do our zoning or planning. So,
if you would do that for me, I'd appreciate it. If not, I'll put it in the
form of a letter and direct that to him, myself, to Mr. Pelham. Any thing
from the Commission?
Commissioner Plummer: Let me understand, just for the record. You are saying
that DCA in this one, 90 -4...
Vice Mayor Dawkins: S -4.
Commissioner Plummer: ... that you all are recommending against it?
Mr. Faughn: No, sir. We are... we have no objections, whatsoever, to
application 90 -4, which is before you at the moment.
Commissioner Plummer: OK. Thank you.
Mayor Suarez: Thank you. All right, on the motion before us, any further
discussion? If not, we have a motion and a second, do we?
91
September 27, 1990
Ms. Hirai: No, sir.
Mayor Suarez: If not, I'll entertain a motion and a second.
Commissioner Plummer: I'll move it.
Mayor Suarez: Thank you. Somebody, please second.
Commissioner Alonso: Yes, I second.
Mayor Suarez: Thank you. Read the ordinance.
AT THIS POINT, THE SUBSTITUTE CITY ATTORNEY READ THE ORDINANCE
INTO THE PUBLIC RECORD, BY TITLE ONLY.
Commissioner Plummer: Just for the record, Mr. Mayor.
Mayor Suarez: Commissioner Plummer.
Commissioner Plummer: As I recall, this previously was industrial? - is that
correct?
Mr. Olmedillo: The use, the actual use.
Commissioner Plummer: Was industrial?
Mr. Olmedillo: Was industrial.
Commissioner Plummer: But in the comprehensive, you recommended and we
approved at that time, to reduce it to R2?
Mr. Olmedillo: To R2, which is a duplex.
Commissioner Plummer: So, we are not really doing anymore than reverting it
back to what it was prior to that?
Mr. Olmedillo: Taking it back to the most similar use that we have in the
comp plan and the new ordinance.
Commissioner Plummer: I can read editorials in the next couple of days,
saying that we took duplexes and turned them industrial? - but what we're in
fact doing is reverting it, back.
Mr. Olmedillo: Returning it to the original.
Commissioner Plummer: Thank you.
Mayor Suarez: All right. We have a motion and a second, please read the
ordinance.
NOTE FOR THE RECORD: VICE MAYOR DAWKINS ENTERED THE MEETING AT
5:28 O'CLOCK.
Mr. Joel Maxwell: I read the ordinance.
Mayor Suarez: We did. I'm sorry. Call the roll.
NOTE FOR THE RECORD: COMMISSIONER DE YURRE ENTERED THE MEETING AT
5:31 O'CLOCK.
92
September 27, 1990
AN ORDINANCE -
Passed on its first reading by title at the meeting of April 26, 1990,
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:
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10783.
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. SECOND READING ORDINANCE: AMEND 11000 ATLAS - CHANGE DESIGNATION AT
120 -186 S.W. 13 STREET AND 1315 -1325 S.W. 2 AVENUE FROM 0 OFFICE TO C -1
RESTRICTED COMMERCIAL (Applicant: Planning Department).
Mayor Suarez: PZ -2.
• •
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989 -2000, FOR
PROPERTY LOCATED AT APPROXIMATELY 2490 -2670 NORTHWEST
18TH TERRACE: THE TRIANGULAR AREA GENERALLY BOUNDED BY
THE MIAMI CANAL ON THE NORTH, THE MIAMI RIVER ON THE
SOUTH, AND A LINE APPROXIMATELY 100 FEET EASTERLY OF,
AND PARALLEL TO, THE EAST RIGHT -OF -WAY LINE ON
NORTHWEST 27TH AVENUE ON THE WEST, MIAMI, FLORIDA
(MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE
DESIGNATION OF THE SUBJECT PROPERTY FROM DUPLEX
RESIDENTIAL TO INDUSTRIAL; MAKING FINDINGS;
INSTRUCTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
ORDINANCE TO THE AFFECTED AGENCIES; AND PROVIDING A
REPEALER PROVISION, SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE.
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
Mr. Olmedillo: PZ -2 is an application for an atlas amendment and this is a
rerun of something that you did on 9500, it's just taken over to 11000, so
that the zoning can continue on this property. This property is located on
13th Street and 2nd Avenue SW. It was presented before by Mr. Quinten, and
you all approved it, this is the second reading for ordinance 11000.
Commissioner Plummer: Put up the map, please.
Mr. Olmedillo: If you want to refer to it, on page 3 of your package, you
have also, a map.
Vice Mayor Dawkins: What's the recommendation of the administration?
Mr. Olmedillo: For approval, sir.
Vice Mayor Dawkins: So moved.
Mayor Suarez: So moved. Is any one from general public wish to be heard on
this item? Let the record reflect that no one stepped forward. Any further
discussion? If not, I'll entertain a second.
93
September 27, 1990
mmaiN
-I
-41 NOES: None.
Commissioner Plummer: I'll second it for purposes of trying to get that map
up there to exactly see what parcel is involved.
Mayor Suarez: Thank you.
Commissioner Plummer: Is this the triangle portion? - on that corner. Is
this the triangle?
Mr. Olmedillo: You see on page 3, of your package... of the item.
Commissioner Plummer: OK. Thank you, Mr. Mayor. I'm ready for the vote.
Mayor Suarez: Read the ordinance. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
N0. 11000 (EFFECTIVE SEPTEMBER 4, 1990), THE NEW
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 120 -186 SOUTHWEST 13TH STREET; 1315 -1325
SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN), FROM 0- OFFICE TO C -1
RESTRICTED COMMERCIAL; BY MAKING FINDINGS; AND BY
MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 37 OF
SAID ZONING ATLAS' CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of July 26, 1990,
was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor 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:
ABSENT: None.
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
THE ORDINANCE WAS DESIGNATED ORDINANCE N0. 10784.
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.
31. DISCUSS AND TABLE PROPOSED SECOND READING ORDINANCE AMEND ORDINANCE
11000 ATLAS FROM R -4 MULTI FAMILY HIGH DENSITY RESIDENTIAL AT 596 N.W.
49 AVENUE AND FROM R -2 TWO FAMILY RESIDENTIAL AT 4901 N.W. 5 STREET TO
C -I RESTRICTED COMMERCIAL (Applicant: Planning Department). (See label
53 -B)
Mayor Suarez: PZ -3. Second reading.
Mr. Olmedillo: PZ -3 is a second reading. It's the same type of thing. It's
a rerun of a 9500 amendment that will carry in to 11000. We had already
obtained all the covenants that the property owner proffered to you, and they
carry over into this new change.
Commissioner Alonso: I move.
Mayor Suarez: So moved.
Vice Mayor Dawkins: Second.
94
September 27, 1990
Mayor Suarez: Second. Any discussion? If not, any one from the general
public wish to be heard in this item, other than Commissioner Plummer?
Commissioner Plummer: Does the City Attorney have the covenant?
Mr. Joel Maxwell: I've not seen the covenant.
Commissioner Plummer: You've not seen the covenant?
Commissioner Alonso: But we did see that covenant in the first reading.
Commissioner Plummer: Has the law department seen the covenant?
Mr. Olmedillo: I received a call from Irma Arbella, from the law department.
Commissioner Plummer: Has the law department received the covenant?
Mr. Olmedillo: That's what I'm trying to tell you. Irma Arbella who works at
the legal department...
Commissioner Plummer: You're not the law department. I don't think.
Mr. Olmedillo: I'm trying to tell you what the law department conveyed to me
over the phone.
Mayor Suarez: All right. Let the law department answer.
Commissioner Plummer: I'm asking the law department, have they seen the
covenant?
Mr. Maxwell: On the record, Commissioner, I cannot say that we've seen it.
Commissioner Plummer: Then I'll ask this matter be deferred.
Vice Mayor Dawkins: Second.
Commissioner Plummer: We were very, very specific in this particular instance
trying to protect the neighborhood.
Mayor Suarez: The item... let me take it as a tabling motion until we be
absolutely sure that...
Commissioner Plummer: That's fine.
Mr. Maxwell: I can check with our office to see if...
Commissioner Plummer: Fine.
Mayor Suarez: All right. PZ... Madam City Clerk, do we... can we table in,
after a motion and a second?
Ms. Hirai: Yes, sir. We can.
Mayor Suarez: All right. Thank you.
Mr. Robert H. Traurig: May I enquire...
Mayor Suarez: This guy is about to tell an unthruth. I think we better get
him sworn in.
Mr. Traurig: Yes, I'm prepared to be sworn.
Mayor Suarez: Would you swear in, Mr. Traurig?
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.
Mr. Traurig: My question is, since we know that we transmitted it to the City
Attorney's office, to Irma Arbella, and we have already paid the voluntary
contribution to the City, when you say table, are you just asking that ?...
95 September 27, 1990
Commissioner Plummer: I'm asking as normal procedure around here, that any
covenant is submitted to the law department, and they tell us that every thing
is in order, or it's not.
Mr. Traurig: OK.
Commissioner Plummer: Now, that's what I asked of them, have they seen it? -
the answer was, they are not sure, or no, and I want them to come back to this
— Commission and say, we have reviewed it, it's exactly what this Commission
asked for, because Bob, I don't remember all of the...
Mr. Traurig: Oh, no. I understand. I think you're entirely prudent and
right.
Mayor Suarez: We're just tabling for the moment until we get that clarified,
Bob.
Mr. Traurig: OK.
32. SECOND READING ORDINANCE: AMEND 9500 ATLAS - CHANGE DESIGNATION AT
1701 -1991 PARKWAY FROM RS -2/2 ONE FAMILY DETACHED RESIDENTIAL AND RO -3/6
RESIDENTIAL OFFICE TO CG -2/7 GENERAL COMMERCIAL (Applicant: Planning
Department).
Mayor Suarez: PZ -4.
Vice Mayor Dawkins: What's the administration recommendation?
Mr. Olmedillo: On three or four?
Commissioner Plummer: Four.
Mayor Suarez: PZ -4. Approval.
Vice Mayor Dawkins: So moved.
Mayor Suarez: Does any one from the general public wish to be heard on this
item? It's been moved.
Commissioner Alonso: Second.
Mayor Suarez: Second. Any discussion? If not, please read the ordinance.
—i" Call the roll.
AN ORDINANCE -
- s
THEREUPON, THIS ITEM WAS TABLED.
Commissioner Plummer: Hopefully, we'll get it this afternoon.
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY CHANGING THE ZONING
CLASSIFICATION OF A 19 FOOT STRIP OF LAND ABUTTING
APPROXIMATELY 1701 -1991 DELAWARE PARKWAY, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM RS-
2/2 ONE FAMILY DETACHED RESIDENTIAL AND RO -3/6
RESIDENTIAL OFFICE TO CG -2/7 GENERAL COMMERCIAL, AND
RETAINING A 1 FOOT STRIP NORTHEASTERLY OF, PARALLEL TO
AN ABUTTING, THE NORTHEASTERLY RIGHT -OF -WAY LINE OF
DELAWARE PARKWAY IN THE EXISTING RS -2/2 AND RO -3/6
ZONING; BY MAKING FINDINGS; AND BY MAKING ALL
NECESSARY CHANGES ON PAGE NUMBER 26 OF SAID ZONING
ATLAS; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of July 26, 1990,
was taken up for its second and final reading by title and adoption. On
96
September 27, 1990
motion of Vice Mayor 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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10785
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.
33. SECOND READING ORDINANCE: AMEND 11000 ATLAS - CHANGE DESIGNATION AT
1701 -1991 DELAWARE PARKWAY FROM R -1 SINGLE FAMILY RESIDENTIAL AND 0
OFFICE TO C -2 LIBERAL COMMERCIAL (Applicant: Planning Department).
Mayor Suarez: PZ -5. Second reading.
Commissioner Alonso: I move.
Vice Mayor Dawkins: Second.
Mayor Suarez: Moved and second. Any discussion? Does any one from the
general public wish to be heard on this item? Do we need to put any thing in
the record on this one, Sarah?
Ms. Sarah Eaton: No. This is a companion item to four.
Mayor Suarez: Thank you. Read the ordinance.
Commissioner Plummer: What did this do, that the other ordinance didn't?
Ms. Eaton: One is 9500 and one is 11000.
Commissioner Plummer: You know, just for the record. We urge the department
to put in 11000 to clear out all of the misconceptions, all of the idiotic
things that were contained in the 9500. We passed 9500, what? - about two
months ago?
Mr. Rodriguez: September 4th.
Commissioner Plummer: Eleven hundred.
Mr. Rodriguez: September 4, was the effective date.
Commissioner Plummer: December 4th, and we are...
Mr. Rodriguez: September, September.
Commissioner Plummer: ... and we are already making amendments to try and
bring this one into line.
Mr. Rodriguez: We're not. What we are doing with this, is that we had to
carry both amendments at the same time, because some of them want to have the
option for the few months that you gave them of time frame.
Commissioner Plummer: OK. All right. It's not the first time that we have
wasted money.
Mayor Suarez: Read the ordinance. Call the roll.
— "Misr i A 11I,IIIIIII,6 dll , dl, L. 1 1 oL'
97 September 27, 1990
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000 (EFFECTIVE SEPTEMBER 4, 1990), THE NEW
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF A 19
FOOT STRIP OF LAND ABUTTING APPROXIMATELY 1701 -1991
DELAWARE PARKWAY, MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN), FROM R -1 SINGLE FAMILY RESIDENTIAL
AND 0- OFFICE TO C2- LIBERAL COMMERCIAL, AND RETAINING A
1 FOOT STRIP NORTHEASTERLY OF, PARALLEL TO AND
ABUTTING, THE NORTHEASTERLY RIGHT -OF -WAY LINE OF
DELAWARE PARKWAY IN THE EXISTING R -1 AND 0 ZONING; BY
MAKING FINDINGS; AND BY MAKING ALL NECESSARY CHANGES
ON PAGE NUMBER 26 OF SAID ZONING ATLAS; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
AN ORDINANCE -
Passed on its first reading by title at the meeting of July 26, 1990,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Alonso, seconded by Vice Mayor Dawkins, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES:
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller 3. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10786.
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.
34. SECOND READING ORDINANCE: AMEND 9500 ATLAS - CHANGE DESIGNATION AT
2810 -2819 N.W. SOUTH RIVER DRIVE AND THAT SECTION OF THE NORTH FORK OF
THE MIAMI RIVER LOCATED ALONG THE SOUTHEASTERLY PROPERTY LINE OF 1851
DELAWARE PARKWAY BY APPLYING HC -1 GENERAL USE HERITAGE CONSERVATION
OVERLAY DISTRICT (Applicant: Planning Department).
Mayor Suarez: PZ -6. City of Miami Planning Department is the applicant.
I'll entertain a motion on the second reading of the ordinance. Does any one
from the general public wish to be heard on it? Let the record reflect, no
one stepped forward.
Commissioner Plummer: What makes this piece of property historic?
Ms. Eaton: This is probably one of the three most significant archaeological
sights in the City. It was the location of the original rapids of the north
folk at the Miami River, one of the most prominent natural features in the
area. It incorporates a Tekesta Indian village from the fifteenth century,
and it also incorporates the nineteenth century Ferguson Mill.
Commissioner Plummer: What's there, presently?
Ms. Eaton: City park.
Commissioner Plummer: Fine.
Mayor Suarez: Read the ordinance.
98 September 27, 1990
AYES:
AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY
TITLE ONLY.
Mayor Suarez: Call the roll.
Ms. Hirai: Need a motion, Mr. Mayor.
Mayor Suarez: Do we have a motion and a second?
Commissioner Plummer: I'll move it.
Vice Mayor Dawkins: Second.
Mayor Suarez: Thought we did, already.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY APPLYING SECTION 1610, HC -1;
GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO
THE MIAMI RIVER RAPIDS ARCHEOLOGICAL ZONE:
APPROXIMATELY 2810 -2916 NORTHWEST SOUTH RIVER DRIVE
AND THAT SECTION OF THE NORTH FORK OF THE MIAMI RIVER
LOCATED ALONG THE SOUTHEASTERLY PROPERTY LINE OF 1851
DELAWARE PARKWAY, MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN); INCORPORATING THE DESIGNATION
REPORT; MAKING FINDINGS; AND MAKING ALL NECESSARY
CHANGES ON PAGE NUMBER 26 OF SAID ZONING ATLAS;
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of July 26, 1990,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Vice Mayor Dawkins, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10787.
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.
99
September 27, 1990
AYES:
35. SECOND READING ORDINANCE: AMEND 11000 ATLAS - CHANGE DESIGNATION AT
2810 -2916 N.W. SOUTH RIVER DRIVE AND THAT SECTION OF THE NORTH FORK OF
THE MIAMI RIVER LOCATED ALONG THE SOUTHEASTERLY PROPERTY LINE OF 1851
DELAWARE PARKWAY BY APPLYING HC -1 GENERAL USE HERITAGE CONSERVATION
OVERLAY DISTRICT (Applicant: Planning Department).
Mayor Suarez: PZ -7.
Commissioner Alonso: Moved.
Mayor Suarez: Move.
Commissioner Plummer: What's historic about this?
Mr. Fernandez: It's actually the same item, but amending...
Mayor Suarez: Companion item. I guess that's the answer on the history.
Commissioner Plummer: Oh boy, OK. I'll move it. City park.
Mayor Suarez: Moved and seconded. I thought I heard a second over here on my
right. Any discussion? Any one from the general public wish to be heard wish
to be heard on it? If not, please read the ordinance. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000 (EFFECTIVE SEPTEMBER 4, 1990), THE NEW
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, BY APPLYING SECTION 710, HC -1: GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO THE MIAMI
RIVER RAPIDS ARCHEOLOGICAL ZONE APPROXIMATELY 2810 --
2916 NORTHWEST SOUTH RIVER DRIVE AND THAT SECTION OF
THE NORTH FORK OF THE MIAMI RIVER LOCATED ALONG THE
SOUTHEASTERLY PROPERTY LINE OF 1851 DELAWARE PARKWAY,
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN);
MAKING FINDINGS; INCORPORATING THE DESIGNATION REPORT;
AND MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 26 OF
SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of July 26, 1990,
was taken up for its second and final reading by title and adoption. On
motion of. Commissioner Plummer, seconded by Commissioner De Yurre, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10788.
•
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.
100 September 27, 1990
JA
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.
=f:
f
36. SECOND READING ORDINANCE: AMEND ZONING CODE CHAPTER 62 - AMEND SECTIONS
62- 84(1), 62 -84(2) AND 62 -84(4) CONCERNING THE URBAN DEVELOPMENT REVIEW
BOARD - COMPOSITION, PROCEDURES FOR APPOINTMENT, PUBLIC NOTICE AND
SOLICITATION.
Mayor Suarez: PZ -8.
Mr. Olmedillo: PZ -8 and PZ -9 are companion items. This is the Urban
Development Review Board. You may remember that you appointed eight different
people to the board, and what this is doing, is facilitating your naming the
people, because we had in the rules that five had to be architects, four had
to be landscape architects, and one had to be either one of the two. This
will facilitate, because they will all be architects, and will eliminate
the...
Mayor Suarez: OK. We have a motion by Commission De Yurre.
Commissioner Alonso: Second.
Mayor Suarez: Second. Any one wish to be heard on this item? Let the record
reflect, no one stepped forward. Call the roll. Read the ordinance. Call
the roll, on the item.
AN ORDINANCE -
AN ORDINANCE RELATING TO PLANNING AND ZONING, AMENDING
CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, BY AMENDING SECTION 62 -84(1) BY CHANGING
THE COMPOSITION OF THE URBAN DEVELOPMENT REVIEW BOARD;
BY DELETING PROCEDURES FOR APPOINTMENT TO SAID BOARD
CONTAINED IN SECTION 62 -84(2) RELATIVE TO PUBLIC
NOTICE AND SOLICITATION; BY AMENDING SECTION 62 -84(4)
ACCORDINGLY; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of June 28, 1990,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner De Yurre, 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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10789.
101 September 27, 1990
37. BRIEF DISCUSSION CONCERNING APPOINTMENT OF INDIVIDUALS TO URBAN
DEVELOPMENT REVIEW BOARD - REFER TO ADMINISTRATION TO DEVELOP AN EASIER
SYSTEM FOR APPOINTMENT.
Mr. Olmedillo: PZ -9 is...
Mayor Suarez: Yes, I think on this one, I know I don't have any appointments
left, because mine have been made. Which appointments are left to be made by
which Commissioners? - if they are ready to make them.
Mr. Olmedillo: Commissioner De Yurre needs to make the appointments, and the
rest of you, except for you, Mr. Mayor, need to assign the time, the term,
that they have to serve. There are four members for three year terms, there
are three members for two year terms, and there are two members for one year
term, and the alternate will be one year term.
Mayor Suarez: My suggestion is, you figure that out from the among the
appointees, we are not going to get into that now. That mathematically sounds
like a total headache.
Vice Mayor Dawkins: What item?
Mayor Suarez: PZ -9. If we can at least get names and then you figure out how
to do that by lot...
Mr. Olmedillo: I realize...
Mr. Rodriguez: You don't mind?
Mr. Fernandez: Mr. Mayor.
Commissioner Plummer: Is there just one appointment to be made?
Mr. Rodriguez: Two.
Mr. Olmedillo: You already have your two appointments made.
Commissioner Plummer: OK. But I'm asking. There are two appointments to be
made, and who are they by?
Mr. Rodriguez: Two appointments. Commissioner De Yurre.
Commissioner Plummer: Both by Commissioner De Yurre?
Mr. Rodriguez: Both of them.
Mr. Olmedillo: That is correct.
Vice Mayor Dawkins: PZ -9.
Mayor Suarez: OK. If we don't have any appointments ready, then we will go
on to the next item. As to the years, please do that by lot, by whatever
system makes sense.
Mr. Olmedillo: And, I would like to defer to the law department to see if you
can delegate that
Mayor Suarez: I'm sure they can come up with a good system. They came up
with the ordinance so complicated in the first place.
Commissioner Plummer: Yes. The coffee can.
Mayor Suarez: Could of been just simply all the same term, it would have been
a lot easier.
102 September 27, 1990
• •
38. REVERSE ZONING BOARD'S DENIAL OF REQUEST - GRANT VARIANCE TO ALLOW
ADDITIONS TO SINGLE FAMILY RESIDENCE AT 3157 S.W. 24 TERRACE (Applicant:
Blanca Espinosa).
Mayor Suarez: PZ -10. Appeal of variance.
Vice Mayor Dawkins: What's the ?...
Mr. Olmedillo: See, it is customary, the appellant...
Vice Mayor Dawkins: What's your recommendation?
Mayor Suarez: PZ -10, we have an appellant.
Mr, Olmedillo: That the...
Mayor Suarez: OK. Is there any one that is against this item, that is going
to testify here today? - PZ -10. If so, be sworn in, along with you. Please
be sworn, Madam City Clerk. OK. Go ahead. Are you going to... you're not
representing...
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.
Mr. Antonio Cesario: I'm the agent for Mr...
Mayor Suarez: OK. But you're not representing for compensation, are you?
Mr. Cesario: No, sir.
Mayor Suarez: All right. So just give us your name and address and tell us
your argument.
Mr. Cesario: My name is Antonio Cesario, with office at 215 SW 17th Avenue,
suite 311. Mrs. Blanca Espinosa and her husband, back in 1977, I mean, '87 -
they decided to build an addition because her husband was sick with cancer.
They decided to build a small addition so they can put all the equipment,
oxygen and all that in this room. During this time, he passed away, and the
addition was unfinished. So, she called her brother to accomplish the rest of
the addition. He was not aware that the plans were presented, and he extended
a little bit, the addition. As a result of that, the addition was completed
and two years later, the inspector passed by and summoned the...
Mayor Suarez: How big, is a little bit?
Mr. Cesario: Well, she over - extended on the east side for about 2 feet.
Mayor Suarez: Two feet on the east side. Is that against the setback, sight
setback?
Mr. Rodriguez: The setbacks that were required on the east were five feet,
and they have only three feet. On the west, the setbacks were five feet, and
they only one point, one and a half feet. On the combined... on the rear
setback, they have .04 of a feet, few inches, and they were required to have
ten feet.
Commissioner Plummer: They have two inches, instead of ten feet?
Mr. Rodriguez: Right, in the back.
Mr. Cesario: May I say something to you?
Mayor Suarez: Yes, because you're going to have to clarify that. Because if
you say a little bit, and now we find out that you're two inches...
Mr. Cesario: Well, the property...
Vice Mayor Dawkins: Yes, two inches is a little bit.
103 September 27, 1990
, ._ --
ii i i �u �' i ii . iii � _
7 `. liliII!! IRA , sl (II �I �h l 1
Mr. Rodriguez: Well, the recommendation from the planning department and the
zoning board, was, in both cases, denial.
}
•
wm
Mayor Suarez: Two inches is a little bit.
Mr. Cesario: The property in question was supposed to be running from one
block to the other, but when they bought the property, it was a duplex, it was
split in half. So, they just bought the property that is facing 24th Terrace.
And another person is buying the other property that is facing 24th Street.
As a result of this, when they built the addition, they over- extended a little
bit. It was a duplex, all along, that's what happened. But It was shared by
two.
Mayor Suarez: 1 hope somebody else is less confused than 1 am about that.
Commissioner De Yurre: Do we have any objectors here, Mr. Mayor?
Mayor Suarez: There are no objectors. There is no one here to object to this
item?
Vice Mayor Dawkins: Nobody, but the planning department.
Commissioner Plummer: Has this been before code enforcement?
Mr. Rodriguez: I believe so. And that's why they are trying to get a
relief...
Commissioner Plummer: You believe so, or you know so?
Mr. Rodriguez: Yes, it was.
Commissioner Plummer: And what was the findings of the code enforcement?
Mr. Rodriguez: The code enforcement let them... trying to find an
administrative relief, and that's what they do in cases where... they try to
look for that kind of position.
Mayor Suarez: And what did they find? They're finding an administrative
relief, of any sort?
Mr. Rodriguez: Well, when there is a person with this violation, they let the
person have a chance to try to see if they can solve it through a variance,
and it goes through the process, and...
Commissioner Plummer: What are they going to do, stretch the property?
Mr. Rodriguez: Well...
Commissioner Plummer: 1 mean, what remedy is there?
Mr. Rodriguez: The remedy, administratively, is if you were to approve it,
otherwise what we have to do through the Code Enforcement Board, we have to
tell them to remove the violation, and that's it.
Commissioner De Yurre: OK. Mr. Mayor, I move that we approve the variance.
Mayor Suarez: So moved. Are there any implications by way of the old domino
theory, or any other implications that could affect negatively, other similar
determinations we might make, you can think of?
Commissioner Plummer: You give it to one, you've got to give it to all.
Mr. Olmedillo: What happens, you set a precedent in the area, and the
particular area, the neighbor will come up with the same thing and will
probably use the same case to illustrate you, that you'll have already made in
decision in a certain direction.
Mayor Suarez: The mitigating circumstance that he refer to, did anybody
understand what he meant by that? - because I didn't. That there had been a
duplex and somehow was divided, another property was acquired, or sold. Is
that... do we understand that to be a mitigating circumstance of any sort?
104 September 27, 1990
•
Mr. Olmedillo: Yes. He presented the same case before the both boards. Both
boards, the zoning board have decided against a variance and the code
enforcement board, found him guilty.
Mayor Suarez: What was the mitigating circumstance? You just told me what
the boards did.
Commissioner Alonso: Because it was one property. The duplex was both...
parts of the duplex, then when they sold one section, then, it was where the
problem came about. Is that it?
Mr. Olmedillo: That's what he addresses.
Commissioner Plummer: Did they subdivide?
Commissioner Alonso: And you people, do you know?
Commissioner Plummer: Did they replat?
Commissioner Alonso: No. They did not. They don't have to.
Mr. Rodriguez: What happened is they made, basically, an illegal addition to
the property.
Mr. Cesario: May I say something to you please?
Mayor Suarez: I don't understand it any more than I did when you stated it,
maybe, you can try again.
Mr. Cesario: When they bought the property, it was like a partnership. They
broke the partnership, and each family decided to keep half of the property,
and that's what happened. So, she is living in half of the duplex, which is
unattached, it's separate, and they are living, sharing each property.
Commissioner Alonso: So actually the ...
Commissioner Plummer: Let me ask...
Commissioner Alonso: Oh, excuse me. So actually, the problem comes from the
fact that the property has been divided, two owners now? - rather than,
actually is an encroachment in the setbacks, per se?
Mr. Olmedillo: Only on one side, only in the rear.
Commissioner Alonso: Only in the rear?
Mr. Olmedillo: On the rear. The sides, the side intrusion is there and the
lot lines have been there, and remain there. In the subdivision of the lot,
which is a long lot, which is divided on the long side.
Mayor Suarez: Can we limit this if we were to approve it, to this particular
owner, so that no one else can get the benefit of a grandfathering? - what I
would call a grandfathering in.
Mr. Fernandez: There is no grandfathering in with the granting of a variance.
Mayor Suarez: For the lack of a better term.
Mr. Fernandez: Variances are very individual, and address only specific
cases. The fact that anybody else may come and use this as precedent, it
would be an argument they would use, not a...
Mayor Suarez: That's not my question. My question is, can we grant this?
But if they try to transfer the property, somebody else for profit, or
otherwise, that we would at that point...
Mr. Fernandez: No, no. It goes with the land. Granting of the variance,
goes with the land.
Mayor Suarez: All right. So, the answer is no. We can't do it.
105 September 27, 1990
Commissioner Plummer: I understand that.
Mr. Fernandez: Mr. City Attorney, we understand all of this has been done.
Mr. Fernandez: Correct.
us what we can do.
Mr. Fernandez: No. It will be my legal opinion that you could not do that.
r ;
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-
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Vice Mayor Dawkins: What you saying is, that we cannot OK this, and have a
covenant run with it that if the land changes ownership, that the, quote
unquote, illegal facility has to come down?
Mr. Fernandez: If they proffer such a covenant, then it will be accepted,
because as owners of the land they can put in positions...
Commissioner Plummer: No, no. Excuse me. Mr. City Attorney, let me disagree
with you, I think. You tell me if I'm wrong. In a variance, we can attach
any restrictions or conditions we want. They don't have to volunteer them.
The can accept those restrictions or condition, or not, it's up to them. But
on a variance, we can do it with them volunteering it.
Mayor Suarez: And us recording that condition.
Commissioner Plummer: Am I correct, or am I wrong?
Mr. Fernandez: You're talking now about the transfer of the land to a
subsequent purchaser.
Commissioner. Plummer: Sir, I'm speaking as it is on the agenda, as a
requested variance. Can we not, as a Commission, attach any restrictions and
conditions to a variance that we want?
Mr. Fernandez: Yes. But all of these variances that are being asked here,
are already in existence.
Vice Mayor Dawkins: We also understand... we feel, that here is a family that
has a hardship, as Commissioner Alonso has alluded to you, we aren't here to
impose hardships on people, we're here to help them. So, what we are trying
to say is, how do we help this family in this situation, and make sure that we
don't break the law... I mean, that it has to come down, or whatever?
Mayor Suarez: Yes, we don't benefit the next...
Vice Mayor Dawkins: So, don't keep telling us how the hell not to do it, tell
Mr. Fernandez: You can do it. By the way...
Vice Mayor Dawkins: Well, tell us what to do.
Mr. Fernandez: ... in your package, you have two resolutions, (a) or (b).
Clearly, it's your decision to either reverse the Zoning Board, or to go along
with the Zoning Board.
Mayor Suarez: Can we do that, and build in the requirement to be recorded
with the variance that the property cannot pass hands without it coming to an
end, at that point?
Mayor Suarez: Mr. Assistant City Manager, Planning Director, either one of
you, or Mr. Acting Planning Director, but not Assistant City Manager, either
one of you agree on that, or do you disagree?
Mr. Rodriguez: I have to rely on with... I mean, legal opinion. I cannot...
Mayor Suarez: Disagree.
Commissioner Alonso: And in fact, what good it's good going to make if they
leave there, let's say, ten years?
Commissioner Plummer: Chicken.
- 7\ 1'.71 " "
106 September 27, 1990
Commissioner De Yurre: I'll accept it.
Mr. Cesario: Yes, sir. It has been...
Mayor Suarez: I'll second the motion.
Mr. Cesario: Yes, sir.
ter
Commissioner Alonso: And at the end of the ten years, the people in the area,
have accepted, the utility room, for ten years. I mean, after ten years, what
difference it's going to make? I really don't see. And if we are going to
give it to them, let's do it, but...
Mayor Suarez: And we can do it by a voluntary proffer to, if you are inclined
to accept it, Commissioners. Thank you, Joel.
Commissioner Plummer: Question. Has anyone inspected... obviously from what
I hear, they never took out permits? Is that correct?
Mr. Cesario: No, sir. We have a permit.
Mr. Joseph Genuardi: They had a permit that they took out in '88, but when
they built the actual building, exceeded the permit, and that's when the...
Commissioner Plummer: So, they don't have a permit to build what they have?
Is that correct?
Mr. Genuardi: Well, they would have to take an after the fact permit, yes.
Commissioner Plummer: They don't have a permit for what they have built?
Mr. Genuardi: No, they do not.
Commissioner Plummer: All right. Has anyone of our departments inspected to
make sure that this structure presently there, has met the South Florida
Building Code?
Commissioner Plummer: Wait, sir. Please, I pay him an awful lot of money.
As a matter of fact, too damn much money.
Mr. Genuardi: We have inspected it, but we will also get a certification from
an architect or engineer, certifying that it has been built to code.
Vice Mayor Dawkins: You get this, then you come back, the architect tell me,
in order for this lady to be legal, she has got to go out and do all these
things that the architect say she has done, and the lady don't... and they
probably don't have the money. You know, we aren't... in my opinion, we're
not trying to help, we are creating obstacles. That's in my opinion.
Mr. Genuardi: We have to be assured that the construction is safe, and we
usually get a certification from an architect or an engineer.
Commissioner Plummer: Yes. You don't want to do it, otherwise.
Mayor Suarez: All right, ma'am, maybe, as agent, you can put this on the
record. Do you or does she voluntarily proffer a covenant that will go with
the variance that says that if the property is sold, the variance is removed,
and you have to comply strictly with the code?
Mr. Cesario: She is willing to file this document, Mr. Mayor.
Mayor Suarez: Do you proffer that covenant? Thank you.
Mr. Cesario: Beside that, I would like to state that our letter state...
Mayor Suarez: Wait, wait. If the movement accepts that, I will second the
motion.
Commissioner Plummer: OK. Under discussion. She realizes that if in fact,
she goes to sell... she is the owner of the property?
107
September 27, 1990
Commissioner Plummer: OK. That she, most likely, will have to tear, or the
new owner, will have to tear that structure down.
Mr. Cesario: You're referring to the utility room?
Commissioner Plummer: I'm talking about to that portion which is illegal. I
want to make sure she understands what she is agreeing to.
Mr. Cesario: You're referring to the whole thing, including utility room?
Commissioner Plummer: Sir, I'm referring to that portion which is before us
today, which is illegal, which I understand would be about ten feet.
Mr. Cesario: She is willing to do this, sir.
Vice Mayor Dawkins: OK. Any further discussion? Hearing none, call the
roll, Madam Clerk.
Mr. Fernandez: o w , there... it's understood that the passage of the
resolution is contingent upon receiving the proffered covenant?
Mayor Suarez: In the proper form, to be recorded.
Mr. Rodriguez: In compliance.
Commissioner Plummer: And also, that it meet the building requirements of the
South Florida Building Code.
Mr. Rodriguez: Building code, right.
Mr. Cesario: Excuse me, may I say something, please, for the record.
Mayor Suarez: It's at your own risk.
Mr. Cesario: Yes. A letter certifying that the property meet minimum
standard established by the South Building Code, has been filed by the City of
Miami. It is on the record.
Mayor Suarez: I don't know if a letter is enough, but whatever it is that's
needed.
Mr. Rodriguez: Yes. We have to get whatever is required, and that's the way
it's built in a motion.
Commissioner Alonso: OK.
Commissioner Plummer: Exactly. I'm not going to put this City on liability,
otherwise.
Mayor Suarez: You ought to tell your client too, that if she sells the
property, she ought to tell the person buying it about this covenant, just in
case, their attorney doesn't pick it up, or something, we have a lawsuit.
Commissioner Plummer: Well, I'm assuming the law department...
Mayor Suarez: It will be recorded.
Mayor Suarez: ... will file that covenant on the deed of the property of the
abstract, is that correct?
Mr. Fernandez: Yes.
Mayor Suarez: OK. It might be helpful too, to tell the buyer that. OK. We
a motion and a second.
108
September 27, 1990
Iii I,r J. ICI ! d Itl!li
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
Upon
adopted by
AYES:
NOES:
ABSENT:
RESOLUTION NO. 90 -730
A RESOLUTION REVERSING THE DECISION OF THE ZONING
BOARD AND GRANTING A VARIANCE FROM ORDINANCE 9500, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
SCHEDULE OF DISTRICT REGULATIONS, PAGE 1 OF 6, MINIMUM
OPEN SPACE REQUIREMENTS, TO ALLOW THE EXISTING
ADDITIONS TO THE SINGLE - FAMILY RESIDENCE PROVIDING A
LOT COVERAGE OF 1,925 SQUARE FEET OR 55% (1,622 SQUARE
FEET OR 43% MAXIMUM ALLOWED); A WEST SIDE YARD OF 3'
(5' REQUIRED) AND A COMBINED YARD AREA OF 4.5' (15'
COMBINED YARD REQUIRED) FOR THE PRINCIPAL STRUCTURE; A
REAR YARD OF .04' (10' REQUIRED) AND A WEST SIDE YARD
OF .2' (5' REQUIRED) FOR THE UTILITY ROOM FOR THE
PROPERTY LOCATED AT 3157 SOUTHWEST 24 TERRACE, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), AS PER
PLANS ON FILE; ZONED RG -1/3 GENERAL RESIDENTIAL (ONE
AND TWO FAMILY).
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
being seconded by Mayor Suarez, the resolution was passed and
the following vote:
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
None.
None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Against my better judgement, I'm going to vote, yes.
Mayor Suarez: If it's against your better judgement, why do you vote that
way?
Commissioner Plummer: Mr. Mayor, it sets precedent.
Mayor Suarez: I'm just kidding, just kidding. I know. It could be a
precedent, hopefully, it won't be. I vote, yes.
109 September 27, 1990
39. DISCUSSION CONCERNING REPORT FROM PLANNING, BUILDING AND ZONING
DEPARTMENT REGARDING PROPERTIES REZONED OVER A YEAR AGO FOR WHICH
BUILDING PERMITS HAVE NOT BEEN ISSUED - INSTRUCT ADMINISTRATION TO
PERIODICALLY PROVIDE COMMISSIONERS WITH A LIST OF PROPERTIES FOR
POSSIBLE DOWN- ZONING.
Mayor Suarez: OK. Item PZ -11. Discussion item.
Mr. Olmedillo: PZ -11. September 7th, this Commission asked the
administration to bring back all those properties which were rezoned, and have
not obtained a building permit. There is a list on...
Commissioner Plummer: It's not what this Commission asked. This Commission
asked, that if any properties were not proceeding to pull a permit on the
change of zoning required, that it would automatically start back, through the
procedure of the zoning hearing and this Commission's hearing, for possible
downgrading of zoning.
Mr. Rodriguez: Commissioner, let me try to bring some... our position on
this. We tried to do that when we did a comprehensive rezoning of the City.
If we were to do what you're asking us, we're going to be incurring a lot of
expenses in publication, notification, posting of properties, that might not
go anywhere. We prefer to get some direction from you all, as to which one
are the ones that really, you will like us to revisit again. Otherwise, we
have this huge list of properties that we're going to have to notify in the
papers, put ads, put posting, review again, waste a lot of time, in staff time
going to boards, maybe for you to agree with it.
Mayor Suarez: I have a feeling that we are going to go along with all of
them...
Commissioner Plummer: I do, too.
Mayor Suarez: ... to try to re...
Mr. Rodriguez: Down zoning again?
Mayor Suarez: ... whatever the term is.
Commissioner Plummer: Look, people come before... Sergio...
Mayor Suarez: Retract, rezoning, or whatever.
Commissioner Plummer: ... People come before this board and make certain
contentions. And this Commission in good faith, act on those people's
recommendation, and what they say that they are going to do. When they don't
do that, I think this Commission has got an obligation to go back and say,
hey, you didn't do what you said, and as such, we should never have believed
you in the first place. I continue to use the building on 31st Avenue and
South Dixie Highway. There was talked about, we granted variances based on a
software computer operation going in there. It never went in there, it is now
back with a sign on the front of it that it's for lease, based on certain
zoning criteria, with a variance built in, and the change of zoning built in,
and I'm saying to you, that that is not what I voted on to give and allow that
carte blanch to be used.
Mr. Rodriguez: I understand your point. But remember... the point I am
trying to bring is, to do what you're saying, is going to cost just, in time,
in advertising, $1,000 more less a piece, that is thirty -five thousand bucks.
Mayor Suarez: How about if mechanically, you give us a list...
Mr. Rodriguez: That's what we have.
Commissioner Alonso: We had.
Mayor Suarez: ... and J.L., if one or more Commissioners indicate that the
procedure should begin, then we can build that into an ordinance or resolution
that it triggers automatically the process.
110 September 27, 1990
-f
-j
Commissioner Plummer: Well, that's what I thought.
Mayor Suarez: But it does... by putting the burden of having at least one
Commissioner request it, so that it isn't...
Commissioner Plummer: I have no problem with that, I would go over the list
and be glad.
Mayor Suarez: How about that?
Mr. Olmedillo: Page 3 of your package...
Commissioner Plummer: That's fine, I want them all.
Mr. Rodriguez: OK. Then you have thirty -five of them.
Commissioner Plummer: I'm kidding, but...
Mayor Suarez: Yes, and that way, well, he is going to spend a lot of time
going through them. I don't think he... I think he was just kidding about
that. He is going to go through them and tell us...
Mr. Rodriguez: Are you kidding?
Mayor Suarez: He was kidding, the chair interprets it as a...
Commissioner Plummer: I promise that I will not do more than seventy -four.
Mayor Suarez: Right. Not more than twice.
Mr. Rodriguez: OK. We'll meet with Commissioner Plummer, and try to follow
up on that.
Mayor Suarez: Well, any Commissioner.
Mr. Rodriguez: Oh, any Commissioner, I'm sorry - that wants to see me.
Mayor Suarez: We can't give that power to any one Commissioner, I don't
think.
Mr. Rodriguez: I thought you said, Commissioner Plummer, I'm sorry.
Mayor Suarez: I have a feeling he is the one that's going to look at it.
Commissioner Plummer: Well, but what you're proposing is, any one
Commissioner would have that power to bring it about.
Mayor Suarez: Yes.
Mr. Rodriguez: Yes, that was the idea.
Mayor Suarez: All right. Do we need that in the form of a resolution?
Mr. Fernandez: No. That can stay as...
Mayor Suarez: Is it custom?
Mr. Fernandez: I think it's a clear instruction.
111
September 27, 1990
Mayor Suarez: OK. PZ -12 then.
Mayor Suarez: NR, means no?
Mr. Olmedillo: NR, not received.
Mr. Rodriguez: Right.
Mayor Suarez: OK. Do we need to...
•
40. DISCUSSION CONCERNING GUIDELINES AND CRITERIA RELATING TO VOLUNTARY
PROFFERS TO THE CITY - DIRECT ADMINISTRATION TO EARMARK THE FIRST
$25,000 FROM A SPECIAL FUND ESTABLISHED FOR VOLUNTARILY PROFFERED
CONTRIBUTIONS PLEDGED TO THE CITY TO GO TOWARD SECURITY FOR THE RAINBOW
VILLAGE - INSTRUCT ADMINISTRATION TO REPORT BACK TO THE COMMISSION EACH
ITEM THE VOLUNTARILY PROFFERED CONTRIBUTION FUND REACHES $25,000.
Mr. Olmedillo: PZ -12. This Commission wanted a report, periodical report, to
see where the monies that were proffered by these developers was going. On
page 3, you will find that there are two which are shaded in, which are the
ones that do not have any specific destination. The other ones, were already,
Centro Mater Boys Club, and boys club equipment. But they ones that are
shaded in, the one that's been talked about today, the one that you put on
hold, Commissioner Plummer, and Mr. Shea's Chinese Community, it's also
pending, they don't have a destination.
Mr. Rodriguez: Yes. The only thing that I want to add, we just received
today, the contribution for the one under Suleta Sub- division, which is the
first one that is shaded.
Commissioner Plummer: The what?
Mr. Rodriguez: Suleta Subdivision.
Mayor Suarez: The one we just voted on a couple of minutes ago that Mr.
Traurig was representing?
Mr. Olmedillo: Yes, the one that's been held for later, here.
Mayor Suarez: All right. Now, Commissioners, assuming that all of these are
collected upon in due time and deposited, the idea is to create a fund from
which the Commission then, will decide how to spend it. Right?
Mr. Rodriguez: We have already established a fund, and now, in some cases,
you have not established how the money should be distributed, at this point.
Mayor Suarez: Exactly. We are hoping to do it in a more global way, and a
more uniformed way. How much money do we have in the fund at this point?
Don't tell me, after all this research you don't...
Commissioner Plummer: Am I missing something? On item 12, this is the only
item... that's the only back up I have.
Mr. Rodriguez: Because you are looking at the regular agenda. You should
have PZ -12, I think. Sorry.
Mayor Suarez: I guess, we were kind of hoping for a nice simple schedule of
all the money that's in, and whether it's earmarked.
Mr. Rodriguez: It is already there. It shows where you have already
committed the money.
Mayor Suarez: It's not simple, but it's there.
Mr. Olmedillo: Well, it's $10,000 which we just received from the Suleto one,
and Mr. Shea's, hasn't been received.
Mayor Suarez: Of which, is how much?
112
September 27, 1990
Mr. Rodriguez: Five.
Mr. Olmedillo: Five thousand.
Mayor Suarez: Commissioners, I suggest that when we get to a particular
amount, the Commission then, take action on that. I can't imagine beginning
to allocate this money until we have at least twenty -five, but it's up to the
Commission.
Vice Mayor Dawkins: Mr. Mayor.
Mayor Suarez: Yes.
Vice Mayor Dawkins: According to the minutes, you recommended, and I think we
voted on it, that $39,000 was to have gone to the Rainbow Village for the
painting of something.
Mayor Suarez: The first thirty -nine thousand would have been allocated for
that? Was that into a resolution, built into a resolution?
Mr. Rodriguez: The way the motion reads, was that, you will earmark an amount
to be determined by the City Commission. It wasn't clear how much it was.
They were asking for that much money...
Mayor Suarez: They were asking for thirty -nine?
Mr. Rodriguez: ... but you didn't establish the amount.
Mayor Suarez: How about Commission, Vice Mayor Dawkins, if we earmark the
first twenty -five, and then report back to the Commission on the next twenty -
five after that? You have problems with that?
Commissioner Plummer: It's fine with me.
Mayor Suarez: OK. And then trigger it every time there is twenty -five
please, so we don't have to keep asking. I'll entertain that in the form of a
motion.
Mr. Fernandez: Yes.
Commissioner Plummer: So moved.
Mayor Suarez: Moved.
Vice Mayor Dawkins: Second.
Mayor Suarez: Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90 -731
A RESOLUTION DIRECTING THE CITY ADMINISTRATION TO
EARMARK FROM A SPECIAL FUND, BEING ESTABLISHED TO
RECEIVE VOLUNTARILY PROFFERRED CONTRIBUTIONS PLEDGED
TO THE CITY OF MIAMI DURING PLANNING AND ZONING
MEETINGS OF THE CITY COMMISSION, THE INITIAL $25,000
DEPOSITED IN SAID FUND FOR THE FUNDING OF SECURITY FOR
THE RAINBOW VILLAGE; FURTHER INSTRUCTING THE CITY
ADMINISTRATION TO AUTOMATICALLY BRING TO THE CITY
COMMISSION'S ATTENTION FOR ITS REVIEW, THE STATUS OF
SAID FUND WHENEVER THE FUND BALANCE REACHES $25,000.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and
adopted by the following vote:
113 September 27, 1990
AYES:
NOES: None.
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor. Xavier L. Suarez
ABSENT: Commissioner Victor De Yurre.
41. SECOND READING ORDINANCE (MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN): AMEND
10544 - AMEND FUTURE LAND USE MAP - CHANGE LAND USE DESIGNATION AT 3560
MAIN HIGHWAY (TAURUS RESTAURANT) FROM SINGLE FAMILY RESIDENTIAL TO
RESTRICTED COMMERCIAL (Applicant: David & Christine C. Hill).
Mayor Suarez: PZ -13.
Mr. Olmedillo: PZ -13 and PZ -14 are companion items. This is the David Hill
property, the Taurus Restaurant which is located on Main Highway.
Mayor Suarez: Now this item was much discussed, was it not? Much debated,
and ultimately, if I remember correctly, led to one of those all time
compromises that we need to be able to discuss with a certain amount of...
order in the back, please. All the City employees to help us to keep... Thank
you. Is there any dispute pending, or have both sides pretty much, come to,
and agree?
Commissioner Plummer: I have one discrepancy that I wish to discuss. You
want to let the State go first? He's got a plane to catch back.
Mayor Suarez: He's been sworn in already, we assume. Tell him that it
applies to this item, too.
NOTE FOR THE RECORD: At this point, Thomas Faughan
submits a letter into the public record concerning
Agenda item PZ -1 and PZ -13.
Mr. Faughn: Thank you, sir. Commissioners, for the record, I'd like to
incorporate the letter which I read earlier, and entertain any question you
may have on this.
Mayor Suarez: It is so ordered into the record.
Commissioner Plummer: Would you briefly tell me what the letter says?
Mr. Faughn: The letter which I read earlier?
Mayor Suarez: Paraphrase it, somebody.
Mr. Rodriguez: The same letter.
Commissioner Plummer: Oh, you're in opposition to this?
Mr. Rodriguez: To this one.
Mr. Faughn: No, sir. We are required by Florida Administrative Code 9J11 -...
Mayor Suarez: Excuse me, Tom. In the back, please. We need to be able to
hear ourselves. Thank you.
Mr. Faughn: Excuse me, we are required by Florida Administrative Code 9311-
011(2) to admit to... to attend such hearings upon request. The letter says,
very simply, that the Department of Community Affairs is sending a
representative to discuss this proposed amendment, and you may respond to the
report, we're authorized to discuss it, informally. I would like to add
also, Commissioner, that earlier today, I met with Joe McManus and Clark
114
September 27, 1990
Turner, for about three hours, and I'll like to compliment your staff on the
professional way they conducted themselves during that meeting. I am
encouraged that as a result of our discussions, we are going to be able to
resolve this issue to the happy conclusion of all. parties.
Commissioner Plummer: It's a good write -off. All right, now. I want to ask
a question in this particular case.
Mr. Faughn: Yes, sir.
Commissioner Plummer: Not of you, sir. Are you finished?
Mr. Faughn: Yes, sir.
Commissioner Plummer: I just want to give you the opportunity to catch your
plane home.
Mr. Faughn: Thank you, sir.
Commissioner Plummer: All right. To both the Planning Director and to the
Law Department. In the previous case which was here, it was stated that the
matter went before the Code Enforcement Board. Is that correct? - on that
Blanco case? OK. Was there a fine imposed?
Mr. Rodriguez: There was no fine.
Commissioner Plummer: OK. Now. You used the terminology prior that said,
that you basically took no action at the Code Enforcement Board to allow them
to find administrative relief. Is that what you said?
Mr. Rodriguez: Yes, in the other case.
Commissioner Plummer: All right. In that case?
Mr. Rodriguez: In the case of Blanca Espinosa, that you reviewed before.
Commissioner Plummer: OK. Now...
Mr. Rodriguez: They asked for that, themselves. And that opportunity was
given by the board.
Commissioner Plummer: All right. Now, in this case that is presently before
us, there has been, and I don't remember, but there has been a number attached
as to a fine by code enforcement, and I guess the question I'm asking is, why
didn't they allow them, this application, to seek administrative relief, which
they did, and they have proceeded, and got that relief from this Commission.
Where is the difference of allowing this other group to seek administrative
relief without a fine being applied? In this case, we told them to seek
administrative relief, they did, but yet, a fine was applied. Where is the
difference, and why?
Mr. Rodriguez: My understanding, is that they were given administrative
relief, and they were given a time to correct the problem. The time passed
by, they didn't correct it in time, after which, then the board decided to
impose a fine.
Commissioner Plummer: As I recall, and you correct me, if I am wrong. This
Commission instructed the Planning Department, after the first application was
denied, to study the area, and come back to this Commission with
recommendations. Which you did, and at the same time, we heard, and gave
administrative relief to this subject application. I again ask the question,
where does it differ? - because I don't see a difference.
Mr. Rodriguez: The problem was in the applicant before. The Code Enforcement
Board didn't ask for an extension of time, when they didn't ask for the
extension of time, the time was not given to him, because he didn't ask for
it. So the board at that point, decided to give him the fine to start
running, and that's where we are now.
Commissioner Plummer: Was the fine not imposed at the time... during the
time, that this Commission asked the Planning Department to study that area?
115 September 27, 1990
-s
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Mr. Rodriguez: I'm sorry, I didn't get your question, exactly.
Commissioner Plummer: Was not the fine imposed by the Code Enforcement Board,
during the time in which this Commission asked the Planning Department to
study that particular area?
Mr. Rodriguez: I couldn't answer that question, I don't know.
Commissioner Plummer: Somewhere here, Mr. Mayor, there seems to be in my
estimation, a great disparaging between the two that doesn't make any sense to
me. Now, if in fact... I have to go on the record and tell you that I am
opposed to this so called administrative relief, because one of the things
that all of us are getting, is that the code enforcement drags out forever.
OK? And that they never come to conclusions. Now, if that's the case, and
there is such a provision, that there is that possibility, I don't see why
there was a fine imposed here.
Mr. Rodriguez: In this particular case again, the applicant didn't ask for an
extension of time. That was his problem, that was his decision not to do it,
for whatever reason, he didn't ask for it. So, the Code Enforcement Board
told him, you haven't complied with it, you have a fine running with the land.
In other cases, they go before the Code Enforcement Board, the board gives
them a certain amount of time, sometimes that request for an extension, if
there is a reason for it, and sometimes the board grants that. I will say
that the majority of the cases that go before the Code Enforcement Board, are
resolved. And they are take care in time, many of them, even before the
meeting. So, I think they have an excellent record.
Mayor Suarez: All right. If it's not a major issue here, unless any
Commissioners have any more questions on that from the citizens stand point.
How we doing in the neighbors association? - we're still on all fours on this?
Mr. Rodriguez: It was OK'ed.
Mayor Suarez: Thank you. So, we have a motion by Vice Mayor Dawkins.
Somebody second please.
Commissioner Alonso: Yes, second.
Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance.
Let the record reflect that no one has stepped forward at this point, given
all of the conditions, etc., that have been imposed to, object to it.
AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY
TITLE ONLY.
Mayor Suarez: I was inclined to call the roll at this point, but I see Mrs.
Armbrister at least, up there. Are you going to testify on this item, for or
against, or you're going to...
Ms. Esther Mae Armbrister: Against.
Mayor Suarez: Are you going to tell us, it's late in the day, and we all
ought to go home, or you're going to... OK. If you're going to be testifying
on this item... is anyone else going to testify on this? If so, please be
sworn in. Esther Mae.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.
Ms. Armbrister: I wasn't aware that when you were reading that, you were
talking about this particular piece of property. I just cannot see, and I
cannot understand why you would change a residential area to a commercial, and
unresidential. Franklin Avenue in Coconut Grove, is the third oldest street
in Dade County. We are in the process now of trying to do something about the
historic reservation of Coconut Grove, and some of the streets, and some of
the buildings. And for you to change this to commercial, when we are in the
process, when you, the City of Miami, you are in the process of allowing us to
build affordable houses on Franklin and Douglas road, and for you to allow
this to be changed, and with all that traffic coming in and out, I just really
don't understand your thinking. Maybe, I'm slow in thinking. But I cannot
understand you want to change that. Why do you want to always come into the
IIIIIV 11111111111 1111 dI�hVVlmil
116 September 27, 1990
Grove and change, change, change? You've got enough property, you've got
enough commercial buildings and what not, and for you to come in and try to
take the little bit of property that we do have, I think it's hind of sneaky,
and you're hitting below the belt.
Mayor Suarez: Let me just clarify the geography here. The next property over
is St. Hugh's, isn't it?
Commissioner Plummer: No.
Mr. Olmedillo: No. There are properties between this.
Mayor Suarez: There are some?
Mr. Olmedillo: Yes.
Mayor Suarez: What are they zoned?
Mr. Olmedillo: Single family.
Mayor Suarez: Single family?
Ms. Armbrister: Single families.
Mayor Suarez: I guess, the argument is, that this is also on Main Highway.
Ms. Armbrister: We have twenty -six townhouses there.
Commissioner Plummer: Well, Mr. Mayor, I think that's not really the main
argument. The main argument is, that for years, from the time that the little
rock house was built, it was commercial use. I think there was a dentist,
that I was told, that originally been there, it had been used as a real estate
office as a nonconforming use, it was legally there, prior. What changed it
was, is when they changed... they wanted to put a new structure on, is in
fact, where the nonconforming use terminated. So, that is where this thing is
coming from. It is not... it is a change of zoning, yes, but it is not of
change of use, which has traditionally been for umpteen years, a commercial
corner.
Ms. Armbrister: I would like to slightly differ with you, Commissioner
Plummer.
Commissioner Plummer: If I'm wrong, correct me.
Ms. Armbrister: If you can remember, before you became a Commissioner, around
in the late '60's.
Mayor Suarez: That's in the 1800's.
Ms. Armbrister: You're right. He's been there about thirty years now.
Before that time, you've changed, the City changed it to benefit one of your
leading citizen, who you said at that time was. So, in order for her to put
her apartments directly across from St. Hugh's Church where they are now
built, on that going to the highway, you changed it to suit her. Then
later on, we needed property for people to live, in which to live, and then it
was reverted back to what it was before you accommodated her. This is what
you've been doing, you know, see sawing, see sawing, where ever it's
convenient for, and this is what you've been doing.. And you're still doing
the same thing.
Commissioner Plummer: Not on this given location. She is further down.
Mayor Suarez: OK.
Ms. Armbrister: And when I win the Lotto, I'll come up here and I'll do the
same thing.
Mayor Suarez: Thank you, Esther Mae. All right.
Ms. Armbrister: We really don't need to change it. Because he can change...
today or tomorrow and sell out and go, and you have nothing in black and white
117 September 27, 1990
z
to confine him to that particular area. If you want to sell somebody else,
they can do it and bring in... you know what you going to have on Frankin
Avenue? These little bit of cheap - God, I don't know any other word to use,
except these second hand stores, where you sell second hand clothes, and
little tidbit things like that, and cast off items. You're going to have that
all down Franklin Avenue. Can you imagine? Because St. Hugh's minister,
priest, or whatever, he is just waiting until you do that, so he can come in
and do his thing. That's what they are waiting for.
Mayor Suarez: Yes. I have a feeling that you may be right, but I have a
feeling he is going to get turned down by this Commission. We do have the
ability to stop any spread of this, do we not? - beyond that first property.
Mr. Olmedillo: Yes, you do. For any change you have to meet the conditions
of the ordinance.
Mayor Suarez: All right.
Mr. Olmedillo: The other thing, remember that...
Mayor Suarez: I was inclined to agree with you when this whole argument began
at the first reading, and then, I remembered all the conditions, and specs
that we put on it, I ended up being on the side in favor of... I never thought
I would, but...
Mr. Olmedillo: Yes, the covenant, and one important thing about the covenant,
is that it proffers that the applicants themselves are going to come back to
the City and apply for a downzoning back to single family. So, the structure
becomes nonconforming, and it goes back to single family.
Mayor Suarez: So we bring back... that's an interesting covenant, I don't
think, we had ever done anything like that, it's one of the most creative ones
we did. He, as an owner, will himself, apply to down zone the property, it
becomes nonconforming while he owns it, and if he ever sells it... am I
correct? It can only be single family then.
Mr. Olmedillo: He can continue the use until interrupted by... during the six
month period.
Mayor Suarez: And the same way as anything else, that is grandfathered. The
grandfather term does apply to that.
Mr. Olmedillo: That is correct.
Mayor Suarez: So, that's pretty creative. All right, anybody further on
this?
Ms. Armbrister: What are you going to do about it? You're going to give use
something...
Mayor Suarez: We haven't voted yet, Ester Mae, but we've heard your argument.
Ms. Armbrister: Well, may I ask if you are going to give us something in
black in white, saying that he cannot do that? - what happens if does do it?
That's what I'm interested in.
Mayor Suarez: Well, the covenant is going to be, yes, definitely in black and
white, and it will be recorded, too.
Ms. Armbrister: And it's going to be signed by you all, - all of you? I
can't help it, I've been...
Mayor Suarez: I'm not signing anything.
Ms. Armbrister: I'm having problems with the City, and the County, I'm just
having problems and problems, and I don't want to take on another. I'm
getting too old for this kind of stuff.
Mayor Suarez: Unfortunately, I have to sign all the resolutions, so, I guess
I will be signing it, you're right. OK.
Ms. Armbrister: All right. I can trust you to that? Thank you.
rum11na 1 Hill I J 11110W 1111 l LI LII d�Y
118 September 27, 1990
Mayor Suarez: Trust me. (APPLAUSE) Like the movie says, "ttist me. " Yes,
Counselor.
Commissioner Alonso: You sound like the Demetrio Perez.
Mr. George Diaz - Silveira: Hi, my name is George Diaz - Silveira I am with Steel
Hector & Davis.
Vice Mayor Dawkins: You're an opposition?
Mr. Diaz - Silveira: No. I'd like to reserve my right to object, just... as
long as the covenant is proffered, we don't have any objections, sir.
Mayor Suarez: OK. We needed that on the record, it might be useful, and of
course, the covenant should be duly recorded. Ma'am.
Ms. Eileen Mehta: My name is Eileen Mehta, my address is 1 Centrust Financial
Center, I represent the applicants, David and Christine Hill. And I want you
to know, yes, we do have the covenant, yes, we are proffering the covenant...
Commissioner Plummer: Are you a registered lobbyist?
Ms. Mehta: I have registered, that's correct.
Commissioner Plummer: With the City?
Ms. Mehta: It has been registered, it was filed today.
Mayor Suarez: Thank you.
Ms. Mehta: My partner, Stan Price intended to be here this evening, as you
know, he has been representing this matter.
Mayor Suarez: He is lucky he is not here, we would of voted against him.
Ms. Mehta: But we do have the covenant, and it does in fact, provide that we
will be filing that application.
Commissioner Plummer: Would you please give her a copy of it?
Ms. Mehta: If she will give me her address before she leaves, I will be
delighted to make sure that I mail her a copy of it.
Commissioner Plummer: No. Better than that, go back in my office, use my
photostat machine, so she can go home happy, please.
Ms. Mehta: OK.
Mayor Suarez: Yes. We'll get it resolved right here. We don't want to waste
any time mailing things. All right?
Ms. Mehta: We'll be happy to do that.
Mayor Suarez: With the covenant understood, or at least, last it was
understood, and with all the other provisos, and everything else in the
record. We have a motion and a second on this, do we Madam City Clerk? I
think we do.
Ms. Hirai: Yes, sir.
Mayor Suarez: OK. Read the ordinance, please.
Mr. Maxwell: This is item 13, I've read the ordinance, sir.
Ms. Hirai: It's been read. Yes, it's been read, Mr. Mayor.
Mayor Suarez: Call the roll.
119 September 27, 1990
AN ORDINANCE -
Passed on its first reading by title at the meeting of April 26, 1990,
was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor 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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989 -2000, FOR
PROPERTY LOCATED AT APPROXIMATELY 3560 MAIN HIGHWAY,
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN),
BY CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY
FROM SINGLE FAMILY RESIDENTIAL TO RESTRICTED
COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE CITY
CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO THE
AFFECTED AGENCIES; AND PROVIDING A REPEALER PROVISION,
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10790.
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 TEMPORARILY TABLES CONSIDERATION OF
PLANNING AND ZONING AGENDA ITEMS TO CONSIDER A NON -
AGENDA ITEM.
42. DISCUSSION CONCERNING THE ORANGE BLOSSOM CLASSIC - ALLOCATE $25,000,
SUBJECT TO PRIOR EXECUTION OF A CONTRACT WITH THE STATE OF FLORIDA FOR A
GRANT, AND SUBJECT TO COMPLETION OF USE AGREEMENT WITH FLORIDA A &M
UNIVERSITY GUARANTEEING USE OF ORANGE BOWL STADIUM FOR THE EVENT.
Mayor Suarez: Companion item... Yes, Vice Mayor Dawkins.
Vice Mayor Dawkins: I've got a special item I'd like to bring up.
Mayor Suarez: The Orange Blossom?
Vice Mayor Dawkins: The Orange Blossom Classic, and I understand that Dr.
Ellis is the spokesperson, I don't know how that got to be, but if he will
come to the mike...
Mayor Suarez: Dr. Ellis.
Vice Mayor Dawkins: .., and tell us about the Orange Blossom Classic.
Mayor Suarez: Mr. City Manager, Assistant City Manager, am I right that we
just got some correspondence from the State of Florida? That any...
120 September 27, 1990
Vice Mayor Dawkins: Frank Castaneda... pardon me, Mr. Mayor. Frank
Castaneda, Herb Bailey, will you all come forward so we can ?...
Mayor Suarez: Yes. We can be sure that the mechanics of it, apparently, have
gotten as complicated as always, but there is an indication that certain bills
can be submitted, and will be paid. Do you have that correspondence? Do you
have that memo? Does somebody know about it? - so we can maybe...
Mr. Rodriguez: I have to get Frank on this, I don't know anything about this.
Mayor Suarez: All right, we'll be looking for him, while we hear from Dr.
Ellis. Please, so that we can get this resolved.
Vice Mayor Dawkins: Mrs. Young, is going to be the spokesperson. Go ahead.
Mayor Suarez: Ms. Young.
Dr. George Ellis: I would just like to thank the Mayor and the City
Commissioners, each one of you personally, and especially our dear friend,
Commissioner, Vice Mayor Miller Dawkins. We appreciate the cooperation we
have received over the many years that the Orange Blossom Classic has been a
part of this great community. We thank you. We appreciate all that you have
been to us in the past, we solicit that cooperation. Now, I would like for
our president, Dr. Freddie Young, to tell you our immediate needs at this
time.
Mayor Suarez: Doctor, as you... that is precisely what I was hoping you would
tell us, the immediate needs, because if we are inclined to find some funds
that we can maybe lend until the State mechanism is complied with, we want to
know the minimum amount that will keep this on track, and conceivably, we
might even go back to the little fund that we created a while ago, as long as
it's in the form of a loan. Because we...
Commissioner Plummer: Mr. Mayor, may I inquire, please?
Mayor Suarez: Yes.
Commissioner Plummer: One of the things that I think we all were concerned
about, Mr. Manager, or whoever, can answer, there had not been a contract
signed with the Orange Bowl. Has that contract been signed?
Vice Mayor Dawkins: J.L., the whole hang up is, there has not been a contract
signed with the State of Florida.
Commissioner Plummer: No, with the Orange Bowl to re...
Vice Mayor Dawkins: The State of Florida had not signed the money. We are
waiting for the State of Florida, they told.., and this is why I asked them to
come down here today. They told us, the State of Florida, for us to tell them
that the contract will be signed the 25th of September. On the 25th of
September, we found out that the State of Florida, says that they will sign
the contract, J.L., on October 10th. Is that right, Frank?
Mr. Frank Castaneda: That is correct.
Dr. Freddie Young: October 10th. Right.
Vice Mayor Dawkins: Now. So, here again, J.L...
Commissioner Plummer: That's not... Miller, that's not the contract I'm
referring to. I'm referring to the contract with the Orange Bowl. Have they
signed a contract with the Orange Bowl?
Mr. Max Cruz: The contract was signed with changes they made, changes that
the Law Department, or the City of Miami said that they were not appropriate,
they were sent back to them, with corrections to be made, and to resign the
contract, the signature pages, because there were changes that were not
accepted by the Law Department.
Mayor Suarez: OK. Has that been signed? - with the modifications?
Mr. Cruz: Has not been received back, yet.
A/ii! i )911 ,1,1 rir
121
September 27, 1990
Dr. Young: When did you send it to them?
Dr. Young: No, I don't.
Mayor Suarez: Oh, Lord.
Commissioner Plummer: Well, that's what we assumed.
Dr. Young: The State.
Mayor Suarez! Any problem with that, Dr. Young?
Dr. Freddie Young: They just sent that contract, I understand, today?
Mr. Cruz: I have not received a contract in my office, I just left the office
ten minutes ago.
Mayor Suarez: And when did you send it to them, when did you send it to the
Orange Blossom?
Mr. Cruz: We sent it about a week and -a -half, to two weeks ago, back to
Walter Reed.
Mayor Suarez: You guys ought to all get yourselves together on an... excuse
me, in the back, please, we need a little quiet. On an item of this sort,
where we are trying so hard to meet the timetable, you would think, Max, that
you would find a way to have that contract delivered, faxed, whatever, so that
we don't have a week and -a -half intervening between the moment you send it,
and the moment they get it, so that they can sign it and have it back to you,
and solve that particular aspect of the formalities of this. Now, do you have
it in your possession now?
Dr. Young: It was my understanding that that was supposed to have been taken
care of.
Mayor Suarez: All right, why don't we do this... we're going to table this
item for a half hour. I am sure you have your handy copy of the contract with
you, if not, you'll go to the Orange Bowl, or wherever you have to go, and get
it. Show it to him, we are going to be here for at least another couple of
hours, and see if that contract is in order. As to funding now, before you
leave, Dr. Young, what are the immediate funding needs you need, prior to
October 10th?
Dr. Young: All right. May I refer to Herb or Frank in regards that you'll
get together on that? Frank.
Mr. Herb Bailey: Are you talking about the contract? First of all, the
contract has to be...
Mr. Bailey: The State contract? We are trying to find a way at least, to get
the State to commit to us in writing that they will be a little bit more
flexible on the use of the State funds. We are suggesting, and we have
suggested, in the meeting that we just left, that we could bring this item
back on the 11th. That would give us and the association and the
university...
Commissioner Plummer: Excuse me, we are not meeting on the 11th, is it?
Mr. Bailey: Yes.
Mr. S. Rodriguez: The 18th.
Mayor Suarez: The 18th.
Commissioner Plummer: The 18th.
Dr. Young: Oh, no.
Mr. Bailey: Eighteenth of October...
Commissioner Plummer: Our meeting of the 11th was cancelled.
122 September 27, 1990
Mr. Castaneda: That is correct. That's why we were in discussion with them
to perhaps...
_,
Commissioner Plummer: Well, they didn't do them any favor.
Mr. Castaneda: ... advance the money, and to get the money out of ticket .
sales, or something like that, and that's what we were trying to negotiate.
Mayor Suarez: Then how about us advancing services? Is that?
Commissioner Plummer: Same thing.
Mayor Suarez: What about, we delegate to you whatever it is you have to
resolve? We have no problem if the administration is satisfied on the items,
or if one Commissioner...
Commissioner Plummer: Well, that was not... excuse me, Mr. Mayor, that was
not the problem and the hang up before. The hang up before, was the State who
put in a provision that they would not ratify any bills, or pay any bills
prior to their contract being signed. As you know, we were all willing to
give them $25,000 up front before, until we found out, that the State says, if
you pay it, you cannot reimburse yourself from those funds. That was the
problem.
Mayor Suarez: OK. Does anybody have any solution that...
Dr. Young: All right, Commissioners...
Mayor Suarez: ... wait wait, Doc. - that we can...
Dr. Young: OK.
Mayor Suarez: .., by motion today, give sufficient authority to the
administration, and you can look over the contract, Vice Mayor Dawkins can
look over the contract, if you have any questions about it, and we need not
take up the item at the Commission meeting, which is not going to take place
until the 18th, which presumably, is too late for them. Does anybody have any
suggestions?
Vice Mayor Dawkins: Frank.
Mayor Suarez: Mr. Vice Mayor.
Vice Mayor Dawkins: What did they tell you today about the money? - the State
of Florida?
Mr. Castaneda: What the State of Florida is telling me is, that they
understand that they are creating havoc for this organization, that the money
originally have been used for promotional activities, and they are willing to
entertain any use directly related to either the parade, or the Orange Bowl
game. We do not have that in writing, but we believe them, that this will be
the case, and that will permit them to pay for direct cost at both the Orange
Bowl and the Baseball. There are still standing by the position that they
will not accept any reimburse... that they will not reimburse any monies prior
to the signature date of October 10th.
Commissioner Plummer: See, that's a problem.
Vice Mayor Dawkins: They will not refund any money prior to what date?
Mr. Castaneda: To October 10th, which is supposedly now the signature date of
the contract.
Vice Mayor Dawkins: So, we cannot advance them any money?
Mr. Castaneda: That is correct.
Vice Mayor Dawkins: Now, and the expenses that they are making promotional
wise, prior to October 13th, the State will not reimburse them for those
either?
123
September 27, 1990
Mayor Suarez: Because we usually don't bill for them, right away, anyhow.
Mr. Castaneda: I don't believe that, that is a problem.
Mayor Suarez: That is not a problem for them? I thought they did. I thought
they told me that Police, and Fire, and so on - Solid Waste for the event
itself could be...
Mr. Castaneda: If the funding from the State does not cover those charges,
that will be a problem, and I am sure that they will be asking for something.
Commissioner Plummer: Well, let me ask, maybe a way. You're looking for
twenty five thousand, is that correct?
Dr. Young: Yes.
Commissioner Plummer: Would that be going to a given company?
Dr. Young: No.
Commissioner Plummer: How many?
Dr. Young: No. It would be for several things. For air, you know, radio
advertisement, for billboards, for contacting, mailings, you know, this type
of things in order... for promotional reasons.
Commissioner Plummer: But what I was going to suggest, if you could narrow
down the places those monies were going, and tell them, we, the City, will
guarantee payment after certain dates, and if we would be the guarantor, if in
fact the State didn't pay it, which in effect we're not giving money, we're
not loaning money, but if for whatever reason the State didn't pay it, we
would guarantee it.
Mayor Suarez: We are not advancing it, exactly. And maybe, you could a PR
agency to be the middle man in that, it's what the Commissioner is suggesting.
Dr. Young: I will. Can we say then, that the Commission would agree to,
then, for the Orange Bowl, and to give us the OK to go on, and consider that
we will have the use of the Orange Bowl at this time?
Mayor Suarez: Yes. That's why we're saying about advancing services. We can
certainly do that, that doesn't violate the...
Mr. Joel Maxwell Esq.: No, you can do that, but the suggestion that was just
made, I would recommend that you not do that. That's sounds like a pledge of
your credit. And I would recommend that you not...
Dr. Young: Why? I hardly can hear you.
Mayor Suarez: A pledge of our credit? - to the tune of $25,000?
Mr. Maxwell: No, I'm talking about Commissioner Plummer's first suggestion.
Vice Mayor Dawkins: Can we have some order in the back, please? I can't hear
up here.
Mr. Maxwell: I would suggest that you utilize the option where you advance
the services.
Mayor Suarez: OK. Advance services, pledge of our credit, please, all the
people that are standing around the mike, Assistant City Manager, City
Attorney, somebody, put this in a form that we can act now, and get this over
with. We've got a budget to handle, we've got planning and zoning, and all
the ideas, if you didn't notice, are coming from this table. How about an
idea from you guys?
Mr. Castaneda: Can I make a suggestion?
Mayor Suarez: Yes, certainly can. So, that we can move on this, knowing that
this Commission wants to make sure that the festival takes place, that the
parade takes place, the game takes place, and we are willing to put the full
faith and credit of the City behind it. Now, do you have a suggestion, or
not?
124 September 2 7, 1990
Mr. Castaneda: OK. Permit $25,000 advance on October 10th, assuming that the
contract with the State have been signed on October 10th.
Mayor Suarez: OK. I'll entertain a motion to that effect.
Vice Mayor Dawkins: So moved. Under discussion.
Mayor Suarez: Moved. Thank you.
Commissioner Plummer: ill second it with one stipulation.
Vice Mayor Dawkins: Go ahead, J.L.
Commissioner Plummer: The stipulation is, that the contract for the Orange
Bowl which guarantees us it's going to be played there, has to be signed.
Just signing the contract, I'm not saying collect the money up front.
Vice Mayor Dawkins: What is the hangup on the signing of the contract, Frank?
Mr. Cruz.: The...
Vice Mayor Dawkins: No. Not you, Max, Frank.
Commissioner Plummer: Which contract? - the State or the Orange Bowl?
Vice Mayor Dawkins: The State.
Mr. Castaneda: To my knowledge, with the State, the contract with the State
is, that the State is delaying the action.
Vice Mayor Dawkins: All right. Call the State tomorrow, OK. Find out if I
fly it up there Monday morning, can they sign it, and I fly it back Monday
night.
Commissioner Plummer: Only if you endorse, Martinez.
Dr. Young: Oh, that's not the one.
Mr. Castaneda: No. That's no...
Vice Mayor Dawkins: Why?
Mr. Castaneda: They are saying that because of budgetary reasons, they do not
want to sign any contracts prior to October 10th. They have the contract and
everything.
Commissioner Plummer: No. That's not really the...
Vice Mayor Dawkins: Yes. But, that's the same thing he told me about the
25th. Somebody is lying to us.
Commissioner Plummer: That's not the problem you told me before. What you
said was, that there was no guarantee that there wouldn't be cuts and that the
monies indicated, might not be less than what had been indicated. That's what
you told me, and the State was reluctant to sign a contract until all cuts had
been made, and they knew exactly what proportion each one was going to get,
full or less.
Vice Mayor Dawkins: Mr. Mayor.
Mayor Suarez: Vice Mayor Dawkins, let's make...
Vice Mayor Dawkins: I brought this up as a pocket item, we do have a lot of
items on the agenda, I would recommend that this be referred to the Manager
and the staff, and let them go in the back and work it out, and we go on with
the agenda.
Mayor Suarez: OK. And let's give them the benefit of that motion, which they
think might do the trick. We have a motion and a second on...
Vice Mayor Dawkins: So moved.
125 September 27, 1990
I I IL 1 I I I .I iii Ili 1
=i
-a
a
-j
a
RESOLUTION NO. 90 -732
Mayor Suarez: OK. Any discussion? If not, please call the roll.
Commissioner Plummer: With my amendment.
Mayor Suarez: With the amendment.
Vice Mayor Dawkins: Yes.
The following resolution was introduced by Vice Mayor Dawkins, who moved
its adoption:
A RESOLUTION DIRECTING THE ADMINISTRATION TO ALLOCATE
AN AMOUNT NOT TO EXCEED $25,000 FROM THE 1990 -91
ORANGE BLOSSOM CLASSIC FUND IN SUPPORT OF THE 1990
ORANGE BLOSSOM CLASSIC PARADE AND GAME TO BE HELD
OCTOBER 27, 1990; SUBJECT TO THE PRIOR EXECUTION OF A
CONTRACT FROM THE STATE GRANT BETWEEN THE CITY OF =
MIAMI AND STATE OF FLORIDA AND THE EXECUTION OF A USE
AGREEMENT BETWEEN THE CITY OF MIAMI AND FLORIDA A &M
UNIVERSITY GUARANTEEING THE USE OF THE ORANGE BOWL
STADIUM FOR SAID EVENT; SAID ALLOCATION BEING
CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH
ADMINISTRATIVE POLICY NO. APM 1 -84 DATED JANUARY 24,
1984.
(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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: And don't hesitate Dr. Young and Dr. Ellis to contact us if
there is any further intervention, either by sending Vice Mayor Dawkins on a
plane, or anyone of us, or whatever...
Vice Mayor Dawkins: And go to my office and try to work this out.
Mayor Suarez: ... or even getting it from a bank, if we have to. That we
have the full faith and credit of Miami expressed by this Commission,
unanimously, it should be no problem.
Dr. Young: And we thank you, very much.
Mayor Suarez: All right. Thank you
Commissioner Plummer: Are the "Rattlers" playing in the Orange Blossom?
Dr. Young: Yes.
Commissioner Plummer: And they will strike, and strike, and strike again.
Vice Mayor Dawkins: Not without money.
Mr. Ellis: Thank you, again.
126
September 27, 1990
43. SECOND READING ORDINANCE: AMEND 9500 ATLAS - CHANGE DESIGNATION AT 3560
MAIN HIGHWAY FROM RS -2/2 ONE FAMILY DETACHED RESIDENTIAL TO SPI -2
COCONUT GROVE CENTRAL COMMERCIAL DISTRICT (Applicant: David & Christine
C. Hill).
NOTE FOR THE RECORD: AT THIS POINT, THE CITY
COMMISSION TEMPORARILY TABLES CONSIDERATION OF THE
REGULAR PORTION OF THE AGENDA TO CONSIDER THE
PLANNING AND ZONING PORTION OF THE AGENDA.
Mayor Suarez: All right, now, we have...
Mr. Bailey: Mr. Mayor, PZ -14 was companion to 13.
Mayor Suarez: The companion item, real quick...
Commissioner Alonso: I move.
Mayor Suarez: ... and then I'm going to try to suggest a procedure from this
point forward. Yes, so moved by Commissioner Alonso.
Vice Mayor Dawkins: Second.
Mayor Suarez: Any discussion? If not, please read the ordinance on PZ. Call
the roll.
AN ORDINANCE -
Passed on its first reading by title at the meeting of April 26, 1990,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Alonso, seconded by Vice Mayor Dawkins, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
_ — NOES: None.
ABSENT: None.
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FROM RS -2/2 ONE FAMILY DETACHED
RESIDENTIAL TO SPI -2 COCONUT GROVE CENTRAL COMMERCIAL
DISTRICT FOR THE PROPERTY LOCATED AT 3560 MAIN HIGHWAY
MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN)
AND BY MAILING ALL THE NECESSARY CHANGES ON PAGE NO. 46
OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10791.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mayor Suarez: Let me make an announcement for those of you that are here on
the budget. We have scheduled budget discussions for 5:00 p.m., we have also
scheduled zoning items beginning at 4:00, actually, we are on the ones that
127 September 27, 1990
Commissioner Plummer: Can I ask a question?
begin at 5:00. So we can theoretically, proceed on either track. As it turns
out, we have an additional wrinkle I believe, which is that the City Manager
had an illness, he hopes to be back, he thinks it's important that he be back
here for the budget part of the hearings, and so, we're going to try to get to
you as quickly as we can. We need quiet in the back, please. And we're going
to go through these items as quickly as we can. If we get into any that are
clearly controversial, are going to take a long time, we'll just have to get
back to the budget, because we've got to get that done tonight obviously, and
I only feel bad for all the people that are here on that item that we are a
little bit delayed, but one good thing that you have...
Mayor Suarez: ... one consolation that we have to act on that tonight, so we
certainly not going to postpone acting on that. Commissioner Plummer.
Commissioner Plummer: Mr. Mayor, it is my understanding that at 7:00 o'clock
we are going to be inundated by the homeless on this...
Mayor Suarez: And then at 7:00, we're going to, I think, take a quick
redirection and resolve the issue of feeding by churches, and so on. All
right?
Commissioner Plummer: OK.
Mr. Rodriguez: Commissioner, Mr. Mayor...
Mayor Suarez: And we have another matter perhaps, involving Flagami that we
have to clarify.
Mr. Rodriguez: Mr. Mayor, you promised also, the people from Edgewater that
they were going to be heard, tonight.
Mayor Suarez: We're going to take them all, but I'm just telling you that the
ones that are scheduled for 5:00 p.m. I am trying to explain to the ones that
are hero on the budget, that we're going to get to it. I'm trying to get to
all the items tonight.
Commissioner Plummer: Which one is Edgewater? What item number?
Mr. Rodriguez: Twenty -two and twenty- three.
Commissioner Alonso: I believe that the PZ items are very easy. We move, we
can take them all.
44. SECOND READING ORDINANCE: AMEND 11000, ARTICLE 9 (GENERAL, AND
SUPPLEMENTARY REGULATIONS) SUBSECTION 907.4 (YARD, GENERAL LIMITATIONS
ON OCCUPANCY) - ADD NOISE LIMITATIONS FOR MECHANICAL AND FIRE EQUIPMENT
TO ATTENUATE NOISE.
Mayor Suarez: All right, PZ -15, is that the one we're at?
Commissioner Alonso: Yes. Noise mechanical.
Mr. Joe McManus: PZ -15. Second reading, Mr. Mayor, and members of the
Commission. This is a repeat of provisions that were in ordinance 9500. It
has to do with the location of mechanical and fire equipment in commercial and
industrial districts, and in residential areas, to ensure that the mechanical
and fire equipment are basically located, less 10 feet from property lines, or
if there are other kinds of problems in industrial districts, that they are
located vertically, 10 feet up and discharged vertically.
Commissioner Plummer: Move it.
Mayor Suarez: Moved on PZ -15.
Commissioner De Yurr.e: Second.
128
September 27, 1990
-a
-;
NOES: 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.
t3
•
Mayor Suarez: Second. Any discussion? If not, please read the ordinance.
Anyone wish to be heard on the item? Let the record reflect no one stepped
forward. Thank you, Mr. City Attorney. Call the roll, Madam City Clerk.
AN ORDINANCE -
AYES:
ABSENT: None.
Mayor Suarez: Pz -16.
AN ORDINANCE AMENDING ORDINANCE 11000, AS AMENDED, THE
NEW ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA
(EFFECTIVE SEPTEMBER 4, 1990), BY AMENDING ARTICLE 9,
GENERAL AND SUPPLEMENTARY REGULATIONS, SECTION 907,
LOT, YARDS AND RELATED TERMS; DEFINITIONS, METHODS FOR
MEASUREMENT; GENERAL REQUIREMENTS AND LIMITATIONS, BY
ADDING NOISE LIMITATIONS TO SECTION 907.4 YARDS,
GENERAL LIMITATIONS ON OCCUPANCY; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of June 28, 1990,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner De Yurre, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10792.
45. CONTINUE CONSIDERATION OF PROPOSED FIRST READING ORDINANCE AMENDING
11000 OFFICIAL SCHEDULE OF DISTRICT REGULATIONS, AND ARTICLE 4 ZONING
DISTRICT C -2 LIBERAL COMMERCIAL ZONING DISTRICT, PERMITTED PRINCIPAL
USES TO ADD ASTROLOGERS, PALMISTS AND PHRENOLOGISTS (to meeting of
October 25th).
Commissioner Plummer: Fortune tellers.
Mr. McManus: Mr. Mayor, members of the Commission, PZ -16 would add certain
categories to the zoning ordinance to be in the C -2 district, that is
astrologers, palmists, fortune tellers, and phrenologists. These were
formally in ordinance 6871, they were omitted in ordinance 9500. We have
situations where they are basically legal nonconforming uses. We've had
request to put them in the zoning ordinance. Without commenting further,
we're suggesting that these be added to ordinance 11000.
Mayor Suarez: OK. On PZ -16. Does anyone...
Commissioner Plummer: What about if we don't want them?
Mr. McManus: We... it's been suggested to us by the law department that as a
matter of equity, that you should consider these for addition.
Commissioner Plummer: How about if we put them in C -5?
Mr. McManus: You could put them in the next zone which would be, say, in the
industrial zones. That would be the next...
129 September 27, 1990
Commissioner Plummer:
zone?
Mayor Suarez: To
Commissioner Alonso.
that's good enough.
the roll.
Mr. McManus: You could do that.
Commissioner Plummer: Why was I born on a wrong day?
Mayor Suarez: You look like you were born on a wrong day.
Mayor Suarez: So moved.
Mr. Rodriguez: You want to continue to October 25th?
Mayor Suarez: Yes.
Commissioner Plummer:
Nineteen ninety -nine.
OK. They would be a permitted use in an industrial
Commissioner Plummer: I mean, is anybody out here fighting to keep fortune
tellers in this City? I'm not. I know Walter Mercado might be upset, but he
is on television.
Commissioner Alonso: Be careful, they might read your future.
Commissioner Plummer: Put the hex on me? Is that... Do you want fortune
tellers, palm readers?
Mayor Suarez: I think, at this point, I'll take a fortune teller, a palm
reader.
Mr. Rodriguez: We have had two or three request for this, and we are trying
to make sure that we are giving equal...
Commissioner Plummer: I would defer this matter.
Mayor Suarez: For all I know, there is freedom of religion involved - I don't
know.
Commissioner Plummer: Is it, what?
Mayor Suarez: Freedom of religion involved.
Commissioner Plummer: In fortune tellers?
Mr. Fernandez: It was included in 9500.
Commissioner Plummer: What religion is fortune tellers?
Mayor Suarez: I'm sure if they were pressed, they would argue, first
amendment, freedom of religion, astrology, etc., And you were born on a wrong
day, by the way.
Commissioner Plummer: So help me God, I'm never going to play Christopher
Columbus, again.
Mayor Suarez: The citizens of Miami will get on their knees, so that you will
put on that ridiculous costume, as you do, every year. It's a moment of great
enjoyment.
Commissioner Plummer: I move that item 16 be deferred for further
consideration.
October 25th, so moved, to continue. Seconded by
That was close enough, when she stepped back like that,
Sat back. Any further discussion? If not, please call
ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER ALONSO, THE ABOVE ITEM WAS CONTINUED TO THE
COMMISSION MEETING ON OCTOBER 25TH BY THE FOLLOWING VOTE:
130 September 27, 1990
AYES:
•
Commissioner Victor De Yurre
Commissioner. J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: I need some motions and seconds on this side over here, now.
46. FIRST READING ORDINANCE: AMEND 11000 - OFFICIAL SCHEDULE OF DISTRICT
REGULATIONS, AND ARTICLE 4 ZONING DISTRICTS, R -2 TWO FAMILY RESIDENTIAL
DISTRICT, PERMITTED PRINCIPAL USE, R -3 MULTI FAMILY MEDIUM DENSITY
RESIDENTIAL, CONDITIONAL PRINCIPAL USES, R -4 MULTI FAMILY HIGH DENSITY
RESIDENTIAL, CONDITIONAL PRINCIPAL USES, AND O- OFFICE, CONDITIONAL
PRINCIPAL USES - TO CORRECT ERRORS BY REFINING DISTANCE REQUIREMENTS AND
REFORMATTING OTHER REQUIREMENTS FOR COMMUNITY BASED RESIDENTIAL
FACILITIES (CBRF) (CHARLIE HOUSE FOSTER HOMES) (Applicant: Planning
Department).
Mayor Suarez: PZ -17
Commissioner De Yurre: Move it.
Mayor Suarez: Mayor, thank you. PZ -17. Does anyone wish to be heard on
item, PZ -17? Let the record reflect no one stepped forward. We have a
motion, do we have a second?
Vice Mayor Dawkins: Second.
Mayor Suarez: Seconded. Thank you. Any discussion? If not, please read the
ordinance. Call the roll.
AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD, BY TITLE ONLY.
Commissioner Plummer: Question. Would this, a community based residential
facility, be Charlie House?
Mr. McManus: Charlie Houses are classified as foster homes. And foster homes
are not...
Commissioner Plummer: No, they are not foster homes when they are taking over
an apartment.
Mr. McManus: Well, I'll let the zoning administrator...
Commissioner Plummer: Foster... you know...
Mr. Joe Genuardi: Charlie House is something that came up a couple of years
ago, when they wanted to...
Commissioner Plummer: I'm not talking about the one on Bayshore, which is a
single family residence.
Mr. Genuardi: Yes. Well, if they meet the criteria that was set up to eight
dependent children up to the age of seventeen, and living with a couple that
care of them. This was by resolution of the Commission deemed as a foster
home, as a foster home operation.
Commissioner Plummer: All right. And what is the distance requirement
between these community based residential facilities?
Mr. Genuardi: Well, there are different types to put it in line with the
State law. You have in single...
131 September 27, 1990
,164,II L_ ' i N'
Commissioner Plummer: This is conformity with State law?
Mr. Genuardi: Yes, it is.
Mr. Rodriguez: But, I don't know if I am... I'm not sure about this, but I
want to make sure that we put on the record. I believe that when this case
came before you before, you classified this as a foster home, so it was not
under the same guidelines that we have CBRF.
Commissioner Plummer: OK. But...
Mr. Rodriguez: ... Meaning that you don't have the same requirements. Am T.
correct?
Commissioner Plummer: The reason that I am asking this question, as I brought
up earlier, it is proposed that a Charlie House be put on 1st Avenue and 29th
Road...
Mr. Rodriguez: Right.
Commissioner Plummer: ... which is an apartment house, and which they will
have people there up to nineteen years of age, with only two adults present in
the entire apartment complex, in which we are also understanding that they are
now trying to buy additional property. Does this come under that or not? - is
what I'm asking.
Mr. Genuardi: Well, the limitations for Charlie House were up to the age of
seventeen...
Mr. Rodriguez: Eighteen.
Mr. Genuardi: Eighteen, was it?
Mr. Rodriguez: I think.
Mr. Genuardi: Let me see. They could have...
Commissioner Plummer: Has the City been precluded by State Statutes from
having any authority over a Charlie based operation? - to your knowledge.
Mr. Maxwell: State Statute?
Mr. Genuardi: They are approved by the HRS, (Human Rehabilitative Services)
and are funded by the State.
Commissioner Plummer: Do we have any authority?
Mr. Genuardi: No, we don't. We have to treat them as a single family
operation with foster children.
Commissioner Plummer: Not in an apartment house, you don't treat it as single
family?
Mr. Genuardi: No. But, what they're operating, they say is with a couple,
man and a woman, taking care of seven dependent children.
Commissioner Plummer: I'm still asking for a legal opinion on that particular
application.
Mr. Maxwell: Anything that falls under State Statute, adult congregate living
facilities. State Statute preempts the City from regulating anything of
seven, or less. If they have seven or fewer kids, we can't do anything about
lt.
Mayor Suarez: The concept of a Charlie House, carries with it, and then I'm
interested in the inquiry of Commissioner Plummer, because it carries with it,
the implication that you're talking about a house, sort of small structure.
If it means anything other than that, I would like to be educated on that, and
you know...
Commissioner Plummer: This is an apartment house?
132 September 27, 1990
-p
Mr. Maxwell: State Statute goes to the number of clients they have.
Vice Mayor Dawkins: If a church is feeding more than seven people, the State
Statute say, you can feed them?
Mr. Maxwell: Well, it's a totally different issue, sir.
Commissioner Plummer: Depends on what you're feeding them.
Mayor Suarez: OK. On this particular item, Commissioner Plummer, are you
satisfied?
Commissioner Plummer: Yes.
Mayor Suarez: OK. It is PZ -17. I'll entertain a motion on it.
Ms. Hirai: It's been read already, Mr. Mayor. I need to call the roll on it.
Mayor Suarez: OK. It's been read. Call the roll.
AN ORDINANCE ENTITLED-
AYES:
NOES: None.
ABSENT: None.
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED,
THE NEW ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY AMENDING THE OFFICIAL SCHEDULE OF DISTRICT
REGULATIONS AND ARTICLE 4 ZONING DISTRICTS, R -2 TWO
FAMILY RESIDENTIAL DISTRICT, PERMITTED PRINCIPAL USE
R -3 MULTI FAMILY MEDIUM DENSITY RESIDENTIAL,
CONDITIONAL PRINCIPAL USES, R -4 MULTI FAMILY HIGH
DENSITY RESIDENTIAL, CONDITIONAL PRINCIPAL USES, AND
O- OFFICE, CONDITIONAL PRINCIPAL USES, TO CORRECT
ERRORS, BY REFINING DISTANCE REQUIREMENTS AND
REFORMATTING OTHER REQUIREMENTS FOR COMMUNITY BASED
RESIDENTIAL FACILITIES; CONTAINING A REPEALER
PROVISION, SEVERABILITY CLAUSE AND PROVIDING AN
EFFECTIVE DATE.
Was introduced by Commissioner De Yurre and seconded by Vice Mayor
Dawkins and was passed on its first reading by title by the following vote:
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mayor Suarez: We're going to go to the budget item. We have a few other
planning and zoning items we'd like to get to. We're going to get through our
City budget which was scheduled for 5:00 p.m. and we have people who have been
waiting.
NOTE FOR THE RECORD: AT THIS POINT, THE CITY
COMMISSION TEMPORARILY TABLES CONSIDERATION OF
PLANNING AND ZONING AGENDA ITEMS TO CONSIDER AN ITEM
FROM THE REGULAR PORTION OF THE AGENDA.
133 September 27, 1990
Mayor Suarez: Yes.
Mr. Prieto: Yes, sir.
— 47. DISCUSSION CONCERNING A CITIZEN'S CONCERN ABOUT STORMWATER DRAINeciE
PROBLEMS (FLOODING) FLAGAMI (Jose M. Hernandez).
Commissioner De Yurre: Mr. Mayor.
Commissioner De Yurre: If I may just take a moment, because we had it for a
time certain, the group from Flagami, and this should not take more than a
couple of minutes, to get it on the record.
Mayor Suarez: OK. I think that a lot more action is going to be required
before we have a final solution to the problem. So, if you want to go ahead
and do...
Commissioner De Yurre: Yes. Mr. Prieto. We've had a serious problem over
the last few years, particularly, with the storm drainage situation in the
Flagami area.
Mr. Prieto: That's right, sir.
Commissioner De Yurre: So, it's been brought to our attention, and we've been
trying to work with it. I need to have a report from you so that the citizens
of that area are satisfied that the work is being done, as to where we're at
today, and when do we expect to have completion of that problem resolved.
Mr. Prieto: Yes, sir. Design is complete, we are ready to award the contract
for 1.8 million dollars, and it will take care of the flooding problems
between Flagler on the south, NW 7th Street on the north, 57th Avenue on the
east, and 62nd Avenue on the west, it should take care of all flooding
problems. We expect construction by January 1st.
Commissioner De Yurre: Was there a problem with the work that was done
previously?
Commissioner De Yurre: What was that problem?
Mr. Prieto: The contractor had actually left some concrete plugging the main
lines. Once we took that out, and we put the television cameras in, we found
out that he had washed the streets down and the sand had drained into the
system, and it was 50 percent clogged. We had that removed. Then we found a
third problem, that the joints were not properly sealed. He is also taking
care of that.
Commissioner De Yurre: OK.
Commissioner Plummer: Did he pay for the repairs?
Commissioner Alonso: Twenty years ago.
Mr. Prieto: Yes, sir. He has done that.
Commissioner De Yurre: Now, all the repairs have been addressed and paid for
by the contractor?
Mr. Prieto: The contractor's side have all been repaired. There is one item
left in...
Commissioner De Yurre: And he has paid for all the repairs?
Mr. Prieto: Yes. All these have been repaired. There is one item left, and
those were, that we had permitted plumbers to connect to our line. These
connections are flawed. So, we are planning, and we can't go to fifty
plumbers and ask them to do that, so what we're planning to do, is in this
phase of the work we are going to do, is the ones that the TV camera have
identified to be bad connections, we're going to go in and put it in as part
of the contract to seal those connections.
134 September 27, 1990
Commissioner De Yurre: OK.
Commissioner Plummer: And who is paying for that?
Mr. Prieto: We are, sir.
Commissioner Plummer: Why?
Mr. Prieto: Because it's impossible to get a whole number of plumbers to come
in and fork that up.
Commissioner Plummer: No, I mean if it's a discrepancy, why isn't the
contractor who put the flaw in there being made to pay for it?
Mr. Prieto: Because these are small plumbers, these are individual plumbers
that do not have either bonding capacity...
Commissioner Plummer: If this plumber makes a mistake, I have to pay for it.
Why shouldn't they?
Mr. Prieto: Sir, we just find it more expedient to take care of it this way
than police fifty some odd plumbers.
Commissioner De Yurre: If, you know, the situation has to be resolved because
it's a horrendous problem that's out there, whatever you know, whatever
solution want to give to the plumbers, per se, then we can deal with that
issue, but we can't stop the process to get this thing over and done with.
Mr. Prieto: To answer your question, we have now, we have prohibited plumbers
to connect to our lines. Nowadays, we'll place the lateral to the property
line and they'll connect it from then on.
Commissioner Alonso: One question. Will this resolve the problem that they
are having with floating in 69th Court and 7th Street?
Mr. Prieto: Yes.
Commissioner Alonso: It will?
Mr. Prieto: Yes, it totally - in fact, at that property, we're placing a
catch basin right in front of that property. So it's a little on the high
side. He will not have the problems that he is experiencing now. Of course,
the job will be finished probably in early April and he will have to wait
until then to have it...
Commissioner Alonso: So I move...
Commissioner De Yurre: OK, Mr. Hernandez. You wanted to say something?
Mr. Jose Hernandez: Well, I just after heard this - the only thing I got to
say is, thanks, everybody.
Commissioner. De Yurre: OK. Thank you very much.
Mayor Suarez: We're going to give the plumbing award of excellence to the
Commissioners that got involved in this and to Dr. Prieto, who's always ready
to...
Commissioner De Yurre: OK, thank you, Dr. Prieto.
Mayor Suarez: GRACIAS, DOCTOR PRIETO.
(NOTE: AT THIS POINT, THE CITY COMMISSION RESUMES
CONSIDERATION OF ITEMS ON THE PLANNING AND ZONING
AGENDA.]
135
September 27, 1990
MM
is
48. FIRST READING ORDINANCE: AMEND 11000 - ADD NEW SECTION 620 ENTITLED: SD-
20 EDGEWATER OVERLAY DISTRICT TO ARTICLE 6 (SD SPECIAL DISTRICTS) -
PROVIDE FOR INTENT, EFFECT AND EXCEPTIONS.
Mayor Suarez: All right. On item 19 of the morning item, regular item 19,
the budget. What is the first item of business?
Commissioner Plummer: I thought you were going to wait for Cesar to come
back.
Mayor Suarez: He's here. They told me he was here, ready to go.
Commissioner Plummer: Is he here or not?
Mayor Suarez: I mean, he's in the building and he's fine and he's ready to
go. Presumably, somebody else other than Mr. Odio can do the first portion of
this, whatever it may be that we have to do on second reading. OK, if you
want to try to do the Edgewater matter real quick while we wait for him.
Commissioner Plummer: Fine.
Mayor Suarez: PZ -23. Please, let's have silence in the chambers, please.
We're going to do very quickly an item while we wait for the Manager and the
administration to be ready for the budget, hopefully.
UNIDENTIFIED SPEAKER: What we want to do is find out if there's any
opposition. If there's no opposition, then we just want to say that we're,
you know, we're...
UNIDENTIFIED SPEAKER: No second reading.
UNIDENTIFIED SPEAKER: Right.
Mr. Guillermo Olmedillo: PZ -22 and 23 are companion items. You asked us to
come back this date with something worked out with the community. I went to
the community and spoke to them and I prepared what is in front of you, which
relaxes setbacks, relaxes parking requirements, and applies FAR to the area of
concern. In addition to what we have today, we will bring in the future, any
other change that we can speak to the community about that they may require
and it will be taken to your consideration. I believe that the neighbors are
adequately addressing all the problems that they conceived that they have and
this is what we have offered to you and it's item, as I said, 22 and 23.
Mayor Suarez: OK.
Commissioner Alonso: I move....
Mayor Suarez: Commissioner Alonso moves the item. Does anyone wish to be
heard against this item? Let the record reflect no one stepped forward and,
therefore, we will not swear in all those that are in favor.
Commissioner Plummer: Second.
Mayor Suarez: Seconded by Commissioner Plummer and De Yurre.
Commissioner Plummer: Fine.
Mayor Suarez: Any discussion? If not, please read the ordinance. Call the
roll.
136 September 27, 1990
AN ORDINANCE ENTITLED-
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
ADDING A NEW SECTION 620 ENTITLED "SD -20 EDGEWATER
OVERLAY DISTRICT," TO ARTICLE 6. SD SPECIAL DISTRICTS;
PROVIDING FOR INTENT, EFFECT, AND EXCEPTIONS;
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Was introduced by Commissioner Alonso and seconded by Commissioner
Plummer and was passed on its first reading by title by the following vote:
AYES:
NOES: None.
ABSENT: None.
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
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.
49. FIRST READING ORDINANCE: AMEND 11000 ATLAS - APPLY PROPOSED SD -20
EDGEWATER OVERLAY DISTRICT TO AREA BOUNDED BY N.E. 2 AVENUE AND BISCAYNE
BAY, N.E. 20 STREET TO N. E. 36 STREET, AND AREA BOUNDED BY N.E. 2
AVENUE AND BISCAYNE BOULEVARD FROM N.E. 17 TERRACE TO N.E. 20 STREET -
RETAIN UNDERLYING ZONING DISTRICT CLASSIFICATIONS.
Mayor Suarez: Companion item.
Commissioner Alonso: Twenty- three.
Commissioner De Yurre: Twenty- three.
Mr. Guillermo Olmedillo: Twenty -three is the application of the district to a
specific geographic area.
Commissioner De Yurre: Move it.
Commissioner Alonso: I second.
Mayor Suarez: So moved and seconded. Any discussion? Any one wish to be
heard against this item? Let the record reflect that no one stepped forward.
Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED-
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, BY APPLYING THE SD -20
EDGEWATER OVERLAY DISTRICT TO THE AREA GENERALLY
BOUNDED BY NORTHEAST 2ND AVENUE AND BISCAYNE BAY, 20TH
STREET TO NORTHEAST 36 STREET, AND THE AREA BOUNDED BY
NORTHEAST 2ND AVENUE AND BISCAYNE BOULEVARD FROM
NORTHEAST 17TH TERRACE TO NORTHEAST 20TH STREET,
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN);
BY MAKING FINDINGS; AND BY MAKING ALL NECESSARY
CHANGES ON PAGES 21 AND 23 OF SAID ZONING ATLAS;
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Was introduced by Commissioner De Yurre and seconded by Commissioner
Alonso and was passed on its first reading by title by the following vote:
137 September 27, 1990
iii li�IILLL ll
II, ill 1I 4 ,, it
agia s . i i ii.I , -
ABSENT: None.
Mr. Manohar Surana: All right, discussion of proposed millage rate and adopt
a tentative budget for the City of Miami.
AYES:
NOES: None.
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and -
to the public.
Mayor Suarez: Thank you, Edgewater. Go sin no more.
UNIDENTIFIED SPEAKER: Thank you very much, OK?
[NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY
TABLES CONSIDERATION OF PLANNING AND ZONING AGENDA
ITEMS TO RESUME CONSIDERATION OF ITEMS FROM THE
REGULAR PORTION OF THE AGENDA (BUDGET ISSUES).]
50. DISCUSSION CONCERNING CITY OF MIAMI FY 1990 -91 BUDGET: DIRECT MANAGER TO
ENSURE THAT WITHIN 120 DAYS FROM OCTOBER 1, 1990, THERE WILL BE A FULL
FIRST LINE RESCUE UNIT ASSIGNED TO FIRE STATION NO. 4 - DIRECT MANAGER
TO STUDY NORTHEAST (HAITIAN) AREA OF EDGEWATER TO DETERMINE WHETHER
ADEQUATE LIFE CARE SERVICES EXIST. (Discussion momentarily deferred to
consider PZ -24). (See labels 52 and 54)
Mayor Suarez: All right, we're ready, budget.
Commissioner Plummer: Is the Manager here?
Mr. Sergio Rodriguez: Yes, we're ready.
Commissioner Plummer: Where's the Manager? Is he in the building?
Mr. Rodriguez: He's here. Yes, we're ready to start. We'll get started with
Mr. Surana.
Mayor Suarez: OK, Mano, what is the first step that we take?
Mayor Suarez: OK.
Mr. Surana: Percentage increase in millage over rollback rate. Response:
two and fifty -eight one hundredths of one percent. B. Specific purposes for
which ad valorem tax revenues are being increased. Response: partial funding
for public safety services, police, and fire. Two million, four seventy -five,
eight hundred twenty -three dollars, hundred percent.
Mayor Suarez: In the back, please. Quiet in the chambers. If anybody has to
be removed from the chambers, all I can tell you that it won't be the first
time it happens today. All right, OK. It may not be the first time it
happened in history either, but it's certainly not the first time today. All
right, on those items, I will take testimony and we'll do it this way,
relating to the budget as a whole or the millage rate. And apply your
testimony to each and every one of the items that deal with either millage
rates or the budget itself, expenditures, et cetera. But you can only address
138 September 27, 1990
one of the items and your testimony will be reflected as applicable to any of
the others. So, on... I know, as far as I'm concerned, Lou, the unions, and
interested citizens, you may do so on item 19. It's just as easy as any other
and then we'll take them all.
Commissioner Plummer: Mr. Mayor, I have three items of budget that I wish to
discuss before the matter is closed.
Mayor Suarez: OK. All right. Do you want to do it first, Commissioner?
Commissioner Plummer: No, sir, it's not necessary. I can do it, I can tell
you that it's in relation - two of the items are in relation to the Police
Department and one of the items is in relation to the Fire Department.
Mayor Suarez: OK, on organizations, needless to say, you are limited to two
minutes by code. I strongly suggest you have one spokesperson.
Commissioner Plummer: Two on police, one on fire.
Vice Mayor Dawkins: I have one item and that is the International Trade
Board's budget that I will be....
Mayor Suarez: OK, Vice Mayor Dawkins will, at some point, report on the ITB's
budget. All right, Mariano. You're an interested citizen, you're not here
for money.
Mr. Mariano Cruz: First, than the employee - you know, last time was employee
first.
Mayor Suarez: Now, you want, as an interested citizen that's not asking for
money specifically, we're going to hear from you first.
Mr. Cruz: Right.
Mayor Suarez: What happened to the Postmaster General? He let you off today,
eh?
Mr. Cruz: No, I was working today, but I finish early.
Mayor Suarez: All right. Give us name and address and your purpose, sir.
Mr. Cruz: OK.
Mayor Suarez: I got to talk to the Postmaster General.
Mr. Cruz: Mariano Cruz, 1227 N.W. 26th Street, a City resident and taxpayer.
I agree with all this, the raise here for the fire and police, very good.
But, what I am concerned too is the budget for the Parks Department and the
programs. Me and a lot of people there, we don't want those programs to
suffer because that's the main thing we got against crime, especially in our
neighborhood, the children are busy in the parks. And you could see by
yourself now, you go to Little Havana, even the place there, or the Latin
Quarter or the Little Havana is being used, the empty lot by people because
there is no place for them to play. At the Riverside School that just opened,
they using the playground to play basketball.
Mayor Suarez: As a matter of fact, somebody... I think, somebody told me that
they were playing baseball in one of those empty lots.
Mr. Cruz: There baseball there, right there. There's no space, so...
Mayor Suarez: Right next to the - what used to be El Pub.
Mr. Cruz: At the old Pub, right. They're playing baseball there. There's no
place for them to play. So this very, very important that the monies that's
supposed to go to the Parks Department are not cut in any way. Even there was
a promise from your department, from here, to make many of the part time
employees full time employees. Now, I don't know what's going to happen with
them according to the cuts. Because I know that we need good brand new police
cars too, but we need parks programs. Very important. And we are City
residents and we are demanding that too. Thank you.
139 September 27, 1990
Mayor Suarez: OK, Mariano.
Mr. Cruz: It's very good to be... it's a brief, brave, and gone tonight.
• •
Vice Mayor Dawkins: Yes, but, Mariano, we have been fighting, you and I, the
administration to upgrade Shenandoah - I mean, Comstock Park.
Mr. Cruz: Yes.
Vice Mayor Dawkins: Every park gets upgraded, but our park. Why?
Mr. Cruz: You know what they need now? They need one of those tennis
throwing machines for that. Even a second hand, used, second used machine,
for the children to play. We have children there that are already state
seeded and also they getting scholarship offer, when before there was nothing
there. Now, that's very important, children that got it bad now, they are
being - they going to different places, they playing tennis, they playing flag
football, but there was no problem because I remember years ago, and my
daughter is there to prove it, that I had to pay $100 to the City of Hialeah
for her to go to a program because I drove by Allapattah- Comstock and it was
padlocked for years. So now, I am glad because something real is going up,
but still it need to be - how you say - upgraded. When other parks get it,
the big money was spent in Bayfront Park and all that and nothing is being
spent in the inner City parks. And we need more...
Vice Mayor Dawkins: OK, I'd like to go on record and this Commission will,
that Comstock be the priority park for when we apply to the State of Florida
for money for parks next year.
Mr. Cruz: I know they working on the lights but being hang -up there, there
was some kind of problem with the bid. They got to ask for new bids. But the
money is being situated, the old money from the 8.2 million, but still we need
the money for the fence, community center. The other day I went there for the
inauguration of the Dominican League, start raining, there is no place for the
people to go. It's not like other park, have a community center or anything.
So, we need that because even the Dominican and other people, even if they
don't vote or anything, they still pay taxes you mentioned before.
Vice Mayor Dawkins: Yes, but you see...
Mr. Cruz: They still pay taxes, the they pay taxes and they
live here in the City of Miami.
Vice Mayor Dawkins: But, you see, you and I though, the thing that you and I
worry more about than the taxes and the voting, is that we give the kids
constructive programs to keep them out of the streets.
Mr. Cruz: Right. Especially there, you have a little single parent family,
you get the Dade County, that they Dade County build in combination with the
City of Miami, the project there that Little Havana is
Flagami
isn't one, but they put them there. I remember the scattered housing and now
I remember that. And, what happened, the County put them there and no program
for them so they have to use the City parks. And it's important because we
keep and they got single parent families and I
You get involved because the problem is not going to go away if we just close
our eyes and say, no, it's not there. No, it's there. And if you don't take
care of them, a lot of these people are going to be the future rioter of
tomorrow if nobody goes to put a policeman on every corner, you're going to
solve the problem. You got to start from the foundation. If there is no
family, what you got is a surrogate family in the parks. And it's very
. And I come here every year and say the same thing, but it's a lot
of things being done.
Mayor Suarez: No, no, but you never... you've never used big words like
surrogate father here, you know, this...
Commissioner Alonso: He's getting better.
Mr, Cruz: What?
Mayor Suarez: You come every year, but you didn't use to throw those words
around.
n
140
September 27, 1990
Mr. Cruz:
things,
decreasing
statistic to prove
Golden Rule, the
you.
(APPLAUSE)
Mr. Cruz: I learn, I read like you.
Mayor Suarez: OK. Thank you, Mariano.
Well, the only thing I want you to listen to that, Mayor,
is good to have a brand new car and all that and all the different
but it's important to - because it has been proven, crime is not
because you put more police and more jails. And that's the
it. Crime got to come out from the basin. Go back to the
to the other old family values, that's all. Thank
family,
Mayor Suarez: And for added emphasis, I see the Mrs. on the first row. We
haven't seen her in a while.
Mr. Cruz: Right.
Mayor Suarez: Very good. She can do it in French too if need be, right?
Mr. Cruz: Yes, that's it.
Mayor Suarez: All right, Lou.
Mr. Lou Kickasola: Lou Kickasola, president, Miami Association of
Firefighters, 1701 N.W. 79th Avenue. Mr. Mayor, members of the Commission, I
presided at a presentation to the fire service and concerns of the fire
service on September 7th at first reading of the budget. During that
presentation, I indicated to the body that firefighters are going to go back
out into the community and gather signatures on petitions on the question of
service. We are here tonight to present those petitions to you. The petition
itself read as follows, it say: "Dear Mr. Mayor and Members of the Miami City
Commission. We, the undersigned citizens and taxpayers of the City of Miami
strongly object to any reduction in the fire service within the City. All of
our neighborhood fire rescue units should be fully staffed and ready to
respond to our emergency needs." Now, firefighters, on their own time, off
hours, went out to the community. We started this on September 7th and kicked
it off and we've now come back and completed that survey. We have total of
15,102 signatures from the citizens of Miami who are supportive of keeping the
fire service at the proper manning levels.
Commissioner Plummer: But, on four hours, you're saying that this would be
the - whoa, where's the total? OK, so if the minimum was to be used of four
hours, that is, in fact, the cost. Is that correct? As I see it, it is.
It's all part and parcel.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Plummer: OK. So, if we pass anything, then what I'm assuming
that is what you're going to provide.
Mr. Surana: But I thought they going to chip in the money.
Commissioner Plummer: Who? No guarantees at this point. We're working on
it.
Mr. Kickasola: Since the last meeting, we have met with the City Manager. He
has put into process two signed documents committing in writing that the class
will start of 30 cadets in January of this year, following the third class
sometime in May or June next year. He has come forth on what he said last
meeting and we have met with him and his word has been followed through with
the signatures. In addition to the signatures, there also is a letter with
those petitions. It's written by a Patricia E. Stoker from representing
Spring Garden Civic Association. The body of her letter -- I won't read the
letter, but it's going to be part of the petition -- the body of her letter
mirrors what the petition says and her concerns about fire service. I wish to
thank the members of the Commission who are supportive of the mandate that we
keep trucks in service. We're also very grateful with the City Manager in
meeting with us following that first Commission Meeting and putting those two
documents into process. Thank you.
141
September 27, 1990
Mayor Suarez: Yes, please, Commissioner.
Mr. Odio: Well, I want to speak to the issue.
Commissioner Plummer: Whoever.
Mr. Odio: We have a meeting Tuesday all day...
Mr. Kickasola: Yes, that's correct.
Mr. Odio: One of the conversations that we have had, and this is a labor
management committee that's being formed between fire and the administration.
What we want to discuss there is the reallocation of resources. And this
could be one of the things that we would be talking about.
=i
Commissioner Plummer: Can I inquire, at this point, of my case point on fire,
Mr. Mayor?
Commissioner Plummer: Mr. Manager, at a meeting last night of the Roads
section, I was unaware that we have no rescue basically from I -95 east, from
the Miami River, basically all the way to the entrance of Crandon and that the
average response time proffered last evening for a full rescue vehicle, was
between five and a half to six minutes. That was the representative of the
Fire Department who there attended. I am very much concerned, knowing as we
know, not only just the Roads section, but the density that exists now in the
Brickell area. It's getting larger by leaps and bounds. I am concerned and
ask if, in fact, we should be addressing this evening, an additional rescue
and where would the financing come to pay for that rescue? And I'll ask that
on the record, because I don't think - I'm not an expert - but I don't think
six minutes is a right response time. Chief, if you will speak to the issue.
Commissioner Plummer: Mr. Manager, if, in fact, you do not come to a
conclusion...
Mr. Odio: Well, why are you saying we won't?
Commissioner Plummer: Well, because I'm concerned if we lock out a budget
tonight, where would the money come from? - whereas, if the Commission this
evening said to you, Mr. Manager, we want that area protected, we would
provide the funds to do such. It's the cart after the horse, not before.
Mr. Odio: OK.
Commissioner Plummer: Now, you know, if you want to say to me that in the
reallocation that, in fact, Station 4 is going to get a full EMS rescue...
Mr. Odio: I'm not saying that.
Commissioner Plummer: Well, OK, that's why I'm saying is...
Mr. Odio: I'm saying that we need to look at it.
Commissioner Plummer: ...do we need to address that issue when we're talking
about dollars?
Mr. Odio: I don't think this is the proper time to address. something that
could cost very much money and you cannot resolve it here and now.
Commissioner Plummer: Well...
Mayor Suarez: It certainly has been brought up. If the Commissioner wants to
continue to inquire, go ahead. If not, go on to the Vice Mayor.
Commissioner Plummer: Well, I'd like to hear from the Chief.
Chief C.H. Duke: C.H. Duke, Fire Chief, City of Miami. Preliminary
conversations with the union indicates that once we get the full staffing that
we're working on at this particular time together, that we will be visiting
how we can deliver the service and it's possible that we might be able to
provide a rescue unit without further increases of staffing.
142 September 27, 1990
between three - quarters and a million dollars a year.
at the cost.
Commissioner Plummer: All right, all right.
Mayor Suarez: You understand the figure on that is always a range, because...
em Commissioner Plummer: Mostly labor.
Mr. Odio: Well, you need...
Mayor Suarez: Yes, it depends on what cost of running the City you attribute
to it, but...
Commissioner Plummer: All right, I have one other question...
Mr. Odio: It's the number of...
Mayor Suarez: Please, please, quiet.
Commissioner Plummer: What is, in your consideration, in the standard of your
professional, the average acceptable response time on a cal'! for EMS?
Chief Duke: Of course, we try to get, you know, the response time down as low
as we absolutely can...
Commissioner Plummer: I understand that.
Chief Duke: ...it helps with emergencies, both life and fire.
Commissioner Plummer: Now, answer my question.
4
-to
Commissioner Plummer: Chief, what is an average cost a year of a rescue?
Chief Duke: I knew you were going to ask that question. Roughly, it's
Commissioner Plummer: Three-quarters to a million per rescue.
Mr. Odio: It is a million dollars per rescue. That's the last time I looked
Chief Duke: Four minutes is what we strive for. We try to strive for four
minutes. The area that you're speaking to is but one area that we're right
now looking at as far as our response times. Actually, there are some areas
in the northeast section of Miami that have longer response times than in the
area that you're speaking to. So, it's an area...
Commissioner Plummer: Do they have the density that the Brickell area is now
experiencing?
Chief Duke: They may not have the density, but they still have the people
that are living in that area.
Commissioner Plummer: Well, it's the number of people, I guess, is how you
calculate what is acceptable.
Mayor Suarez: Well, no, it's got - that's one factor, but the age, the layout
of the streets for the response time, a lot of other things, J.L.
Chief Duke: That's correct, and when we look at the, you know, when we look
at our response times, in the Brickell area, it's not only - or in any of the
high rise area - it's not only the response time to the building. We're now
studying, or trying to get a good feel for response times from the time we get
to the building till we get to the patient's side and we're looking at that.
That's also a much increased time than what we might think we're looking at in
some of these responses.
Commissioner Plummer: Chief, how do I respond to the people of the Roads
section in the Brickell when they call me and say they don't have it? What do
I tell them?
Chief Duke: You can tell them that we have our...
.III II
III Li! II II I 1111
143 September 27, 1990
e fI I h I III I .Ia dlld, III II
11 IIII III I III 1111 ,III III I.
Commissioner Plummer: Beside tell them to call you because you're the one
that's not fighting for it.
Chief Duke: And I will, you know, I will respond for you, there's no doubt
about that. The fact is that our firefighters are EMS trained, we can get
someone on the scene to begin immediate help until such time as the advance
life support units can get on the scene. At the present time, we are studying
what our response times are in those areas. They are large, they're long.
You know, it would be... I would like to see a rescue unit in every one of our
Fire Stations. I think that that's something that we have to strive for. We
have, over time, evolved from the single rescue unit at Station 1 to the nine
units that we're now responding with. We have evolved to the squad concept
where we use the smaller vehicles because of the increase in the rescue calls.
So we are moving in that direction, but it's evident that we will need, in a
very short period of time, as congestion grows in the Miami area, a rescue
unit at every station, and at some stations, possibly two. Station 9, there's
indications that we may need two rescues in that one particular fire house.
But again, this is part of a study that we're going through right now. We're
looking at a master plan to see what the growth of the City is and the area
that it's growing in and so forth, so...
Mayor Suarez: OK...
Commissioner Plummer: You know, budget is a process of guesstimates and
projections and as far as we're a Commission is concerned, the dollars that we
have to deal with are pretty well fixed. So what we're really doing here
today, in my estimation, is setting priorities. What are the priorities that
is best for the citizens of this community? Now, I thought the cost of a
rescue was around a half a million dollars. You're saying it's higher.
Chief Duke: Chief Huddleston just corrected that when he stepped up here. He
said between a half and three - quarters.
Commissioner Plummer: And, I guess, really what we're saying is, what is a
higher priority than life giving support?
Chief Duke: There is none.
Commissioner Plummer: That we can't find that money to provide that for that
area? No, no, no, it's not finding the money. It's definitely taking it from
somewhere else to put it Into this area. Well, let me get.... excuse me...
(APPLAUSE)
Commissioner Plummer: You know, I will tell you immediately where I think,
but there's disagreement. If I have to take and set a priority between an
$850,000 boxing program in the Police Department or providing a rescue for
Station 4, there's no question where my priority is going to fall. And that's
what we're really deciding here tonight. Because the Police Department - it's
a great program, great program - but it's $850,000! And, for my vote, I can
tell you that my priority is going to be to provide that rescue for Rescue 4
for a very heavily, densely populated area. More so in the day than in the
night. If I have to choose - and I don't want to - but if I have to choose
between the two, you can bet your hippy where vote is going to fall.
Vice Mayor Dawkins: Mr. Manager.
Mayor Suarez: Vice Mayor Dawkins.
Vice Mayor Dawkins: I mean, Chief.
Chief Duke: Yes, sir.
Vice Mayor Dawkins: We're talking about putting in a rescue unit. Do you
have the unit? You see, we're talking about men and you're talking about
you're going to study this and in the event that you determine that we do need
it, do you have the unit? -the rescue unit?
Chief Duke: Commissioner, we have the apparatus that we could temporarily put
in unit in service until such time as we could buy a new one.
144 September 27, 1990
Vice Mayor Dawkins: Do you have the money to buy the new one while we're
using the one temporarily? I'll ask it that way.
Chief Duke: We could reassign some priorities and come up with one in a
timely fashion.
Vice Mayor Dawkins: Give me two priorities that you could reassign right off
the top of your head to buy the unit.
Chief Duke: We have some apparatus that we are 'specking' out right now,
Commissioner, that we might be able to postpone and put a rescue unit in.
Vice Mayor Dawkins: I'm a layman, spec out means what?
Chief Duke: Designing, basically.
Vice Mayor Dawkins: Beg pardon?
Commissioner Plummer: I don't disagree.
Chief Duke: Designing, hazardous materials apparatus that we might be able to
postpone until we could put a rescue in.
Vice Mayor Dawkins: So, in reality, in reality, we're telling people that we
will provide the manpower, but I don't have nothing for them to ride in, so
you go home thinking you're safe because I got you the firemen, but I don't
have nothing for them to ride in. Is that what you're telling us?
Chief Duke: No, sir, I'm not saying that.
Vice Mayor Dawkins: Oh, tell me what we're saying.
Chief Duke: We have units, but we need a cadre of units to keep them all
rolling and we could...
Vice Mayor Dawkins: Sir, how many - OK - how many rescue apparatus do we have
idle?
Commissioner Plummer: Nine.
Vice Mayor Dawkins: Nine?
Chief Duke: They have nine first line units that are in service, but we have
the spare units and I don't know what that number is, Commissioner.
Vice Mayor Dawkins: You see, I keep telling you I'm a layman, OK? You have
to go through it, you know, like I'm retarded. I don't mind it. OK? How
many units do you have that are idle, period?
Chief Duke: Commissioner, that's very...
Vice Mayor Dawkins: Parked, not running, nobody in.
Chief Duke: Commissioner, I don't - I cannot give you an exact answer to
that. We have...
UNIDENTIFIED SPEAKER: Twelve.
Chief Duke: ...nine - firefighter says twelve parked? Somebody on the
rescue.
Vice Mayor Dawkins: We got...
Chief Duke: Twelve that are parked?
Mayor Suarez: If anybody is able to give the figure, please come up to the
mike. We don't have...
Vice Mayor Dawkins: OK, so, all right...
Chief R. T. Farren: Ain't they? I'm Chief Farren, district Chief Farren. We
have nine first line rescue trucks. We have a total of 21 vehicles available
for ALS use. That includes spares and squad trucks.
145
September 27, 1990
Vice Mayor Dawkins: Now, you have the manpower to man each one of these.
Chief Duke: No, sir, we have the men, the staffing for nine rescues.
Vice Mayor Dawkins: So, when you tell me a few minutes ago that when you
evaluate this and find out that it's needed, I got the vehicle, now where will
the manpower come from?
Chief Duke: At that time, I will go to the Manager and tell him of the
situation and, hopefully, we can get the additional staffing at that time.
Vice Mayor Dawkins: How long does it take to train a firefighter?
Chief Duke: To get someone that's up to speed for the rescue division, it's
quite a long period of time. Lou, help me out there on that, I don't know
what the time is. Nine?
Vice Mayor Dawkins: So, all of a sudden, now we can fast track this because
we've determined that we can fast track it now and get it done.
Chief Duke: If you determined that we have the wherewithal to put a rescue
unit in, we can do that very expediently, I'm sure, sir.
Vice Mayor Dawkins: All right, where do we get the men? What do we do? -pay
overtime to the men that we took out of service that somebody else got to do
their job?
Chief Duke: Until such time as we get the class graduated, that would be the
case, yes.
Vice Mayor Dawkins: OK, now, Mr. Mano Surana, you heard the gentleman who
represent the Fire Department says that we are - we have a present class in
training and there are two more classes to be trained. Is that a correct
statement?
Mr. Surana: I think so.
Vice Mayor Dawkins: You think so?
Mr. Surana: Yes, sir.
Vice Mayor Dawkins: Fair enough, that's fair enough. What is the cost of
training and bringing one class on board?
Commissioner Plummer: How big is a class?
Mr. Surana: How big is a class? - twenty -five?
Mayor Suarez: Give us an estimate. It doesn't have to be accurate to the
dollar.
Mr. Surana: Six hundred thousand.
Vice Mayor Dawkins: Six hundred thousand dollars.
Mr. Surana: That's for a full year.
Commissioner Plummer: How big is that class? Thirty?
Mr. Surana: Twenty -five.
Mr. Kickasola: No, thirty.
Vice Mayor Dawkins: All right, we'll round that off to a half a million
dollars. Do you have a million and a half dollars earmarked for nothing but
the training and bringing on of new firefighters?
Mr. Surana: Yes.
Vice Mayor Dawkins: Beg pardon?
146
September 27, 1990
Mr. Surana: OK, we have the money in budget to have a class, which is right
now a class coming up in January and a class coming up one in May and June.
Vice Mayor Dawkins: Then, you have the money earmarked in a fund that cannot
be touched for nothing else but bringing on the firemen?
Mr. Surana: Yes, sir.
Vice Mayor Dawkins: OK, where is it?
Mr. Surana: OK, in their fire fighting division, my... in their...
Commissioner Plummer: Southeast Bank.
Vice Mayor Dawkins: Sir? In what object code?
Mr. Surana: Object code called salaries, account number 001.
Commissioner Plummer: Southeast Bank.
Vice Mayor Dawkins: And it's a million and a half dollars in there that's
earmarked and cannot be touched for nothing but that.
Mr. Surana: Yes, sir.
Commissioner Plummer: I'm hearing a million, eight. Three classes at
$600,000.
Mayor Suarez: OK, any further inquiry by the Commission? Lou, any further...
Commissioner Plummer: Well, Mr. Mayor, I'll do it any...
Mr. Odio: I, I.... I'm sorry.
Commissioner Plummer: Go ahead.
Mr. Odio: I want the opportunity to do this the right way, is to have us meet
on Tuesday all day and another Tuesday, if it takes another one, and look at
the manpower allocation and see if, together, we can work something out and
not come up here with a hasty decision.
Commissioner Plummer: Well, I'm not making hasty decisions, I don't think.
Vice Mayor Dawkins: It's nothing hasty about... from now until April,
training men, I mean, what's hasty about that, Mr. Manager?
Mr. Odio: I'm saying...
Vice Mayor Dawkins: January, I mean, what is this? October, November,
December, January, February, March, April, May, June. That's nine months.
Commissioner Plummer: All right, Mr. Mayor, am I in order to make a motion?
Vice Mayor Dawkins: No.
Mayor Suarez: Yes, you can make a motion at any time.
Commissioner Plummer: I'll make a motion at this time, regardless of how the
Manager does it, that within a given period -, 90 days -- that Station 4 have a
full first line rescue. I so move.
Mayor Suarez: So moved.
Commissioner Plummer: Excuse me?
Vice Mayor Dawkins: Say that again, J.L.
Mayor Suarez: So moved.
Commissioner Plummer: I move - and is 90 days a reasonable time, Chief?
147
September 27, 1990
Chief Duke: Commissioner, as far as the instruction that's going on right now
at Station 4 to house the rescue, I don't know of I can give you an absolute
answer to that, but I would think that...
Commissioner Plummer: Is 120 days reasonable?
Chief Duke: I would think that that would be a reasonable time.
Commissioner Plummer: All right, I'll make a motion that within 120 days from
October 1, that a full first line rescue be in Station 4 and I leave it to the
Manager whether it's through allocations or another facility, to make sure
that that area is covered. I think it's very important. I so move.
Mayor Suarez: So moved.
Vice Mayor Dawkins: Second, and under discussion. As soon as you get that
one in place, I want you to go to the northeast, where's there's a lot of
Haitians that just moved in and I want you to go to Edgewater, where some
people have just moved in, and I want you to determine that they need the same
health care life services that everybody else need and let's put a unit up
there now.
Commissioner Plummer: There is one now in Station 9. Am I correct?
Chief Duke: Yes, sir, we have....
Commissioner Plummer: So there is a unit there.
Vice Mayor Dawkins: You see - hold it now, you all. See, you really think
I'm not listening, see? You tell me there is a unit where you need two life
saving units. You just said it now, a few minutes ago, that there are places
in Miami where we need two. Now don't tell me up there where I live that I
don't... that in some of those places you don't need two. Don't tell me you
got one up there, just go up there an put me another one up there.
Commissioner Plummer: Commissioner, I'm not going to disagree with you, but
I'm going to say...
Vice Mayor Dawkins: I don't care whether you do or not. For my vote on this
budget, I'm telling you all what I want.
Mayor Suarez: All right...
Commissioner Plummer: I don't, I don't...
Vice Mayor Dawkins: All right, now J.L. can tell you what he wants. OK?
Mayor Suarez: OK.
Commissioner Plummer: I don't disagree with my colleague, but it's
difficult...
Mayor Suarez: Each of the two Blues Brothers make your statements and don't
argue with each other, please, so that we can get on with the rest of the
agenda. Thank you.
Commissioner Plummer: I'll quit while I think that I'm ahead.
Mayor Suarez: All right, we have a motion and I believe it's been seconded.
Vice Mayor Dawkins: I seconded it.
Mayor Suarez: I believe you stated that the timetable was reasonable, Chief,
and the Manager has indicated that he can do it within the budget proposed.
So, any further discussion? If not, please call the roll.
148 September 27, 1990
Upon
adopted by
AYES:
NOES:
ABSENT:
None.
None.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
WII,1. 11 1111111 111 h 111 11 I111 11 I 1, 11 \ 1 IXtia
MOTION NO. 90 -733
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
A MOTION DIRECTING THE CITY MANAGER TO TAKE WHATEVER
STEPS ARE NECESSARY TO ENSURE THAT WITHIN 120 DAYS
FROM OCTOBER 1, 1990 THERE WILL BE A FULL FIRST LINE
RESCUE UNIT ASSIGNED TO FIRE STATION NUMBER FOUR IN
ORDER TO GUARANTEE THAT THE AREA WILL BE COVERED FOR
RESCUE SERVICES; FURTHER DIRECTING THE CITY MANAGER TO
STUDY THE NORTHEAST AREA WHERE HAITIANS LIVE AS WELL
AS THE AREA OF EDGEWATER IN ORDER TO DETERMINE IF
THESE AREAS HAVE ADEQUATE LIFE CARE SERVICES.
being seconded by Commissioner Dawkins, the motion was passed and
the following vote:
Mayor Suarez: All right, anything further?
Vice Mayor Dawkins: Yes, this gentleman wants to be heard.
Mayor Suarez: David.
Mr. David Clark: Yes, good evening, City Commission. I'm David Clark,
president of the Professional Black Firefighters Association and I've been
involved in this petition drive and worked within the community to make the
community aware that there have been some problems with manpower in the City
of Miami Fire Department during this year. And there was a possibility that
manpower would be cut in Miami Fire Department. I believe this service would
be compromised manpower cut in the City of Miami Fire Department, and I
certainly hope that the Commission follows through on its plan to put a rescue
at Station 4 and also hire these next two classes following the one that's
already in training. It is my understanding had a budget decrement occurred,
that about 68 persons would have been laid off including the 30 that were just
recently hired. So, once again, I would urge that we keep the manpower -
raise the manpower level up to where we can keep our trucks in service and
that could be accomplished by hiring two classes following the class that's
already in training. Thank you.
Mayor Suarez: Thank you. You want to state for the record 51 you're now
president of the Black Firefighters Association?
Mr. Clark: Yes, sir, I guess I neglected to do that. I'm Dave Clark,
president of the Professional Black Firefighters Association.
Mayor Suarez: Thank you.
Mr. Clark: Thank you.
Mayor Suarez: All right, anything...
Vice Mayor Dawkins: I think it should be noted that you don't see the two of
them fighting. You see them here fighting for a better Fire Department.
(APPLAUSE)
Mayor Suarez: All right. Does anybody have any guess as to whether the
Herald will cover that particular comment? I don't think it will
headline.
Commissioner Plummer: Only in El Nuevo Herald will it be in the back page.
Miami
be a
149 September 27, 1990
Mayor Suarez: It might be in the last page of the last section, back there
somewhere where you have to...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Anyhow.
Commissioner Alonso: He will not have enough space to write that.
Mayor Suarez: That's right, in the Neighbors Section for the totally
different area of the County. All right, anything further? Any other unions?
Any other interested citizens? We have a few requests. Go ahead and step up
to the mike.
Mr. Albio Castillo: I haven't been talking in quite a while.
Mayor Suarez: You've been coming to the meetings, but you haven't been
talking, that's true.
Mr. Castillo: Right.
Mayor Suarez: Give us your name and address, please.
Mr. Castillo: My name is Albio L. Castillo. I live in 2386 S.W. number Fifth
Street. I'd like to know if the City of Miami is going to lose its class
number one fire code for insurance purpose?
Mr. Odio: Why are we going to lose anything.
Mr. Castillo: Well, if you...
Mayor Suarez: He's asking, he's asking. You're answering with another
question. Do you think the City will lose its top rating for fire insurance
purposes?
Mr. 0dio: Oh, oh, no, no, we're not. No.
Mr. Castillo: We're not?
Mayor Suarez: Thank you.
Mr. 0dio: No.
Mayor Suarez: We're not.
Mr. Castillo: OK. My next question is this, Mr....
Mayor Suarez: I mean, it's not totally up to us, but we don't think so. All
right, go ahead.
Mr. Odio: No, we're not.
Mr. Castillo: For insurance purpose.
Mr. Odio: We're not.
Mr. Castillo: Plummer suggested one time for parks, we have a lot of parks
that could be used for other than parks, like housing or commercial use.
Could that be auctioned off or something like that? - and bring in the...
Mr. Odio: That's a good question. We have 105 parks, of which 46 are active
parks. We're looking now I'm preparing to bring to the Commission in October,
a list of the properties we think we should sell or use for housing or
whatever. But that, we are doing that, and that's a good suggestion.
Mr. Castillo: Thank you.
Mayor Suarez: All right.
Mr. Castillo: When the Mayor had his crime, was it just handled like a
typical crime, or just a priority just because he happens to be the Mayor?
150
September 27, 1990
... ... ..._" 111 1111 WIII &Ilk 11111
Mr. Odio: No, it was not handled as a typical crime and the reason for it,
precisely because he is the Mayor of the City of Miami.
Mr. Castillo: We need to protect him, I know.
Mayor Suarez: Thank you.
Mr. Odio: No, that's not - you know, he is the Mayor and he's elected by the
people.
Mr. Castillo: I know that.
Mr. Odio: Did we react to the crime when it was called in as a normal crime?
At the beginning, no, because there had been threats that had been made in the
past and we felt that, at that time, that that's what was happening.
Mayor Suarez: I would really appreciate if the Manager doesn't go too much
into any of that. All right, anything else?
Mr. Odio: Well, I think he's entitled to an answer.
Mr. Castillo: Well, sir?
Commissioner Plummer: I want a blue phone.
Commissioner Alonso: Me too.
Mr. Castillo: Thank you.
Mr. Odio: I'm going to give you a red one.
Mayor Suarez: All right. I was afraid you were going to say that.
Mr. Henry Edgar: Hello. My name is Henry Edgar. I live at 1751 S.W. South
Bayshore Drive. My tax money has been raised almost eight times. The City
Commission should find the cause why they need so much money and why they
spend it at the Catholic Church. I was working for the American Express and
the Catholic Church paid for all the Cubans that came here and got them jobs
and send them out of Miami. They came back here. It's up to the City not to
let them come back here. Let them stay in some other City. Don't put all the
burden on the City of Miami.
Commissioner Plummer: He better be glad he wasn't here earlier.
Mr. Edgar: Find the cause like you have Mr. Xavier Flor. Mr. Xavier called
optometrist Joel. He used to live close to you and he says there's a park
next to your house full of homeless people and you only have one person, one
policeman...
Mayor Suarez: That's probably Wainwright, Alice Wainwright Park, probably.
Probably Alice Wainwright Park.
Mr. Edgar: And they say that come out of the park throw a stone at the first
house. If nobody comes out, they break into the house. You can stop that by
putting more - that park clear out. And don't read my lips like
Bush says, don't raise taxes.
Mayor Suarez: Thank you, sir.
Mr. Edgar: You stop the cause of all the expense. Miami is tired of having
to support everybody else. People there in Mexico, where I was born, come
here. They can stay over there. Nobody's frightened them, they can eat over
there. Why should they come here? Because you give them room and board free.
That has to stop. We can't afford any more.
Mayor Suarez: OK, thank you for your statement. You have a very important
representative of the Catholic Church back there, you might want to talk to
him. He's hiding. Father Lacers back there. Jim.
Mr. James M. Herron: Commissioners, Mr. Mayor, my name is James M. Herron. I
am here, I live at 2891 Seminole Street in Coconut Grove. I'm executive vice
151 September 27, 1990
-ii
I
—
Mayor Suarez: Thank you.
president of Ryder System and I'm here in my capacity as president of the
board of directors of the Greater Miami Opera Association. The opera and all
of the arts associations are very concerned about the plan of the City of
Miami to eliminate funding for the cultural community. As you all know, our
cultural institutions make this City a very desirable place in which to live
and raise our children and we are a wonderful advertisement for the City of
Miami when sometimes we need one. I understand that there are many
requirements for the funds of the City and if the decision is made that no
arts organization is to get any money, we and thousands of my fellow Miami
citizens will be very, very disappointed, but we will understand. But, if
there are any exceptions whatsoever to be made, I am here to ask that the
Greater Miami Opera Association be one of those exceptions. This is our 50th
year of giving service to the citizens of Miami. We have the major school
program of any opera association in the United States bringing opera to every
single high school in Dade County, as well as high schools in adjoining
counties. I ask you again to, after the budgetary dust has been settled, if
there is any funds at all, that you consider the cultural organizations and
particularly, the Greater Miami Opera. We really need the money.
Mayor Suarez: Thank you, Jim. Would you introduce the other members of your
delegation so that they know they were part of the record and supportive and
so that we don't hear the argument over again because we really can't today.
Mr. Herron: I can't introduce them, but they'll introduce themselves.
Ms. Rhoda Levitt: I am Rhoda Levitt, I live at 12280 S.W. 69th Place. I'm on
the executive committee of the Miami City Ballet. Not the opera, not
repetitive.
Ms. Levitt: Two days ago in Lyon, France, the Miami City Ballet performed.
There was a standing ovation. There were eight curtain calls. There was
press there, international press from around the world. The applause did not
stop until Edward Villela was called on the stage for recognition. I want
this in the record as well, that the Miami City Ballet is not only a cultural
ambassador, but a good will ambassador internationally. The amount of funds
that you are considering for the ballet may be minuscule compared to some of
the other money that's being asked for. But, the principle of the fact is
that the Commission, Mr. Mayor and Commissioners, should always stand behind
someone who represents you in such a glorious way internationally and as well
as the local scene, we are producing a magnificent Nutcracker. Everyone is
able to attend those performances. It balances out some of the other heavier
things in life and we hope that you will consider leaving in for specifically
education and for our outreach programs and for our dance for young people.
We want...
Mayor Suarez: What was the State grant for the staging of the Nutcracker
Suite?
Ms. Levitt: The State grant was $400,000.
Mayor Suarez: And it...
Ms. Levitt: And it was matched locally.
Mayor Suarez: That's magnificent.
Ms. Levitt: Yes, it's a very...
Mayor Suarez: When is the first performance?
Ms. Levitt: December 7th is a preview, December 8th is the opening night. We
invite you all. We have a specific - you'll all be invited to attend.
Mayor Suarez: We're cheap, can we sneak into rehearsals, at least or...
Ms. Levitt: Absolutely. I'm inviting you personally. You can come to
rehearsal, I'd be happy to be your guest.
Mayor Suarez: Don't say that because then the Herald will pick up on that.
All right. Thank you.
152 September 27, 1990
Ms. Levitt: Thank you.
Mayor Suarez: And congratulations to all of you.
Mr. Stephen Losasso: My name is Stephen Losasso, 530 11th Street, Miami
Beach.
Mayor Suarez: May I interrupt you for a second...
Mr. Losasso: Certainly.
Commissioner Plummer: PZ -24.
153
Mayor Suarez: ...on PZ -24. Is it PZ -24 or regular 24?
51. BRIEF COMMENTS REQUESTING A SHOW OF HANDS IN OBJECTION TO CONSIDERATION
OF PZ -24 -- OBJECTORS PRESENT (Item tabled until later this same date -
ultimately continued to October 25th) (See label 53A). (Bristol Tower)
Mayor Suarez: Attorney Bob Traurig indicates, on behalf of the applicant
presumably, that he would like a continuance and presumably no one is in
opposition to that continuance. Is that the case? Does anybody have any
problem with granting that? Let the record reflect that no one stepped
forward.
Commissioner Plummer: I'll move that it be continued.
Mayor Suarez: I'm sorry, there is opposition to continuing.
Commissioner Plummer: There is?
Mayor Suarez: All right, we'll take up the item if we can tonight.
Commissioner Plummer: There is opposition?
Commissioner Alonso: To PZ....
Commissioner Plummer: OK, I'm sorry.
September 27, 1990
52. (A)
(Continued discussion concerning City's FY'90 -91 Budget):
STIPULATE, I!' PRINCIPLE, THAT TAKE -HOME CITY CARS AND CAR
ALLOWANCES WILL ONLY BE ALLOCATED TO EMPLOYEES WHO RESIDE WITHIN
CITY LIMITS - STIPULATE ACTION TO BE FORMALIZED AT NEXT
COMMISSION MEETING.
(B) INSTRUCT MANAGER TO IDENTIFY FUNDING SOURCE FOR PROVISION OF 50
CIVILIAN EMPLOYEES TO POLICE DEPARTMENT SO THAT POLICE CHIEF MAY
REPLACE AN EQUAL NUMBER OF SWORN POLICE OFFICERS WHO WOULD BE
RELEASED FOR STREET DUTY.
(C) ACCEPT PROPOSED BUDGET FOR INTERNATIONAL TRADE BOARD FOR FISCAL
YEAR 1990 -91, WITH PROVISOS. (See labels 50 and 54)
Mayor Suarez: OK, I'm sorry. Go ahead, sir.
Mr. Stephen Losasso: My name is Stephen Losasso and here to represent the New
World Symphony. As the cultural organizations, we are extremely upset about
the planned cuts in the festivals ordinance. The symphony has been very
fortunate in that past two and a half years that we have been in existence and
performing at the Gusman Center downtown, that we have received funding from
the City of Miami. We hope that you will find it in the budget to return the
funding to the symphony. What that also does for us, it gives us the... with
the help of the City, it also helps us when we go and approach corporations
and private citizens and organizations outside of the Miami area for support
for our activities. So, your money, which is very, very minor in our budget,
does a considerable amount of good will for us to secure funding from other
sources.
Mayor Suarez: But you use unfair tactics.
Mr. Losasso: Excuse me?
Mayor Suarez: You use unfair tactics to lobby. You have my law partners call
me at home at night. I did want you to know that they got through.
Mr. Losasso: I appreciate that he did that.
Mayor Suarez: They got through.
Mr. Losasso: The symphony's been fortunate in that in the past two and a half
years, we have performed in Paris, France. We have been to South America, to
Buenos Aires, to Montevideo and to Sao Paulo. In December of 1991, we have
been invited to do a five city tour of Japan which we hope will also include
Miami's sister city in Japan, and we have also been invited to appear in
England with the LSO in '92 and in April of 1992, we received an invitation
from the Queen of Spain to open the World's Fair in Seville.
Mayor Suarez: It's amazing what you've accomplished in a short time that the
New World Symphony has been in place. How many years now are you celebrating?
You still on your third?
Mr. Losasso: It's two and a half years this September.
Mayor Suarez: That's magnificent.
Mr. Losasso: And we appreciate this past support of the City. We hope you
will...
Mayor Suarez: I have a feeling this is going to cost me one way or the other
because if the City doesn't do it, I have a feeling my firm is going to,
somehow, allocate the monies through all the partners or something. I don't
know. All right. Anything further?
Mr. Losasso: That would be it.
Mayor Suarez: OK.
Mr. Losasso: Thank you.
154
September 27, 1990
Mayor Suarez: Surely. Anyone else? MCCH.
Ms. Lenore Block: Hi, Lenore Block and I'm on the executive council at the
Miami Coalition for Care to the Homeless and I'm here to give, I guess, our
second request for we're asking the City for $16,000 for administration, the
coordination that we're already doing, and working with the City and the
County. We've asked the County for $20,000 and we're asking the City for
$16,000.
Mayor Suarez: Does our homeless coordinator concept fall into this at all?
Can we claim that as a sort of in -kind?
Commissioner Alonso: I guess so, definitely. We are paying 50 percent.
Ms. Block: For what?
Mayor Suarez: We're going to have a homeless coordinator, I think. I know
that...
Commissioner Alonso: For a homeless coordinator. DDA will pay half, we'll
pay half.
Mayor Suarez: Downtown Development Authority approved that yesterday, I think
it was yesterday.
Ms. Block: For your City coordinator you're talking about?
Commissioner Plummer: yes.
Mayor Suarez: Requested very emphatically by the Coalition, if you remember.
Ms. Block: Yes, I do remember.
Mayor Suarez: We finally are going to get around to doing that.
Ms. Block: And we're talking about working with the City and the County and
coordinating all the services, which we're already doing, and, in fact, the
churches, indeed, it was in the paper yesterday, are going to coordinate all
their services, or whatever they're going to do through us. So, as the
coordinating...
Mayor Suarez: You know, one of the things I must say to you is Brother Paul
always used to say, I don't look for any publicity, I don't ask for any money,
it just comes in. I strongly suggest, with a little bit of public service ads
and I think all of us here in the Commission would be willing to participate,
that the money would come in from contributions. And that's just one
suggestion. I haven't made any suggestions in the case of the other agencies
seeking grants because I don't know that that would work so easily for all of
them, frankly. But, for the homeless, it seems to so, I mean, that's just a
suggestion. But we are going to have a fully funded homeless coordinator, I
believe, some of it paid by DDA and I don't know how much is in the City's
budget for it, but I know $20,000 is supposed to come out of the DDA budget,
for the first time ever.
Mr. Odio: We have $9,000.
Mayor Suarez: And that's a tribute to your efforts and to your lobbying and
to your interest.
Ms. Block: OK, we appreciate the fact that the City wants to have a
coordinator, but if I'm understanding you correct, you're saying, in lieu of
the City really giving any money to the Coalition, that you're going to have
the coordinator that will work with us instead of really giving the money for
us to do the services that we're doing.
Mayor Suarez: Well, you can look at it, in lieu of, or just because we think
it's important, one of the two. However, you want to look at it.
M. Block: Well, no, I was wondering if it was going to be in addition to
both or you're saying, no, this is really just...
Mayor Suarez: There's been no talk of any grants that I've heard so far.
155
September 27, 1990
Mr. Odio: Mr. Mayor, let me remind you that we have, besides that, two other
people full time working in Beckham Hall.
Commissioner Alonso: Oh, that's right.
Ms. Block: No, I think the City and the County and pulling together for
Beckham Hall is really something that's the first time it's ever happened and
I think it's a wonderful achievement, and...
Mayor Suarez: I hope the media again picks up on it, which they don't tend
to.
Ms. Block: Right.
Mayor Suarez: Because it was not that way a few years ago.
Ms. Block: But what we're really talking about is the fact that the services
that we're doing and working with the City and maybe, I think, we're even
saying the fact that you're having the coordinator that's something that we're
doing also and maybe there's something that can be combined there if it's...
Mayor Suarez: By the way, I hate to get into this, but I will do it at my own
risk. We're creating a fund of contributions by developers when they ask for
certain concessions that, right now, is depleted because we've allocated the
monies from it, but, from time to time, monies come in here. Don't hesitate
to check back during the fiscal year to see how that fund is doing. I would
be inclined to give a very high priority to the...
Ms. Block: Coalition?
Mayor Suarez: Yes.
Ms. Block: OK. Thank you.
Commissioner Plummer: As well as the other twenty people you promised it.
Mayor Suarez: I think the first pledge of monies is $25,000 to uplifting of
Rainbow Village, a public housing project. If we don't do that pretty soon,
they're going to be homeless too. So, you understand how those two are
interrelated.
Ms. Block: Yes. OK, thank you.
Mayor Suarez: OK, George.
Mr. George Adams: Good evening, my name is George Adams. I live at 1055 N.W.
60th Street. I'm here about the residential requirements. As far as police
and fire is concerned, if all the policemen and firemen lived in the City of
Miami, you wouldn't have any problems with the rescue units and all the
equipment that you need for the Police Department. .The last time I was here,
the Commission assured this community that there would be no more take home
automobiles for the folk that lived outside of this City of Miami. I want to
know if that's been done. Also, back to the Fire Department, I understand you
have a public information officer over there that makes $59,000 a year with a
take home car. That person lives outside of the City of Miami. You could
possibly hire two firemen with the money that you're paying that person. The
next thing is that I read an article in the paper this morning - Streamlining,
Two Departments Merge. I see that a person that's making $81,000 at the time
supervising 400 people, now supervising four people, making the same amount of
money, $81,000. I don't see how we're going to be able to keep this City open
with these kind of appointments and this kind of salary. Now, the place where
that gentleman is going, where he's making $81,000, the person that's leaving
there only makes $52,000. So, I mean, how can the City afford to do this?
I'd like to get some questions for the community....
Commissioner Plummer: Who is the individual?
Mr. Adams: ...as far as the merger is concerned and the salary that's going
to be paid to a person that's supervising four people.
156
September 27, 1990
Mayor Suarez: George, I've got a... on the issue of the residency and take
home cars and all of that, and allowances, car allowances - because I think
you ought to include that in there.
Mr. Adams: That's right.
Mayor Suarez: If somebody doesn't live in the City of Miami, they should not
get a car allowance. I've got a letter that I've signed to you, I support it,
I am ready to move it or second it, or vote for it anytime as a first step.
The second step is all new employees and the third step is existing employees
to be given a particular period of time to move into the City. And I'm ready
to move on all three of those fronts. I just want you to know that.
(APPLAUSE)
Mr. Adams: Thank you.
Commissioner Plummer: Are you going to discuss that item now?
Mayor Suarez: Whenever you want to. I've been ready for sometime now. On
the residential requirement for take home cars or car allowances, I would
entertain a motion from the Commission to implement that right away.
Vice Mayor Dawkins: So moved.
Mayor Suarez: So moved.
Commissioner Plummer: Question. Mr. Manager, like the idea. Tell me what
we would approximately save by doing that.
Mr. Odio: We're working on it. We have a plan that's it's being worked on.
The numbers, right now, what we would save. Well, let me see, if you have a
Fire Chief that is called, and he's on 24 -hour call and he lives outside of
the City limits and he doesn't have a vehicle and he can't respond. How does
that affect us?
Commissioner Plummer: OK, I'm asking what the Mayor said, if you live outside
of the City, and you are not allowed to have a take home car, approximately
how many cars, to your knowledge, are take home that go out of the City limits
of the City of Miami?
Vice Mayor Dawkins: May I look at it another way, J.L.?
Commissioner Plummer: Well, I got one further up question on that.
Vice Mayor Dawkins: OK, OK, well let me look at it another way. How much
would an individual save who drive my car home who does not have to buy
insurance, who does not have to buy gas, who does not have to buy tires. How
much does he save?
Commissioner Plummer: Well, that's part of...
Mr. Odio: Yes, that's true.
Mayor Suarez: And the collisions too that they create the claims against us
for driving outside the City.
Commissioner Plummer: That's part of it, that would be the bottom line, how
much? I mean, are we saving... are we talking about pennies or are we talking
about hundreds of thousands of dollars?
Mr. Odio: You're not talking about hundreds of thousands of dollars because
we looked at it...
Mayor Suarez: Oh, yes, you are. Oh, yes, we are.
Mr. Odio: No, sir.
Mayor Suarez: I'll bet you everything in my wallet. Thank God, I don't have
anything in there, but...
Mr. Odio: You don't have anything in the wallet.
157 September 27, 1990
Mayor Suarez: That's it's over a hundred thousand dollars. We've got...
you've seen those analyses and I've done them too, George, of all the people
that are driving cars outside the City. And I never thought about the
allowance, but building in the allowance, which costs a few thousand dollars,
just with 20 people, you're talking right there, a hundred thousand right
there. And there's...
Mr. 0dio: You're talking the cost of a vehicle is $3,500 a year differential
and...
Mayor Suarez: Thirty -five hundred dollars a year -ah...
Mr. 0dio: You have 70 vehicles...
Mayor Suarez: You don't have all the claims added to that from the accidents
resulting outside, et cetera. But, at absolute minimum, $3,500. You can
count on at least $5,000. That's what the industry goes by.
Mr. 0dio: You have 70 cars going outside the City limits.
Commissioner Plummer: So it's roughly $210,000. All right, now...
Mayor Suarez: There, you're up to two hundred and twenty some thousand
dollars right there.
Mr. Adams: What's the cost of the automobile?
Mayor Suarez: That's at least a quarter of a million dollars right there.
Mr. Adams: That has to be figured in too.
Commissioner Plummer: All right, wait a minute, my next question is...
Mayor Suarez: OK, wait a minute, J.L., please. In the back. We particularly
ask the Reverends who are back there to take care of your flock. It's not
your fault, Reverend Barnes.
Vice Mayor Dawkins: That's Reverend Talmadge Fair?
Mayor Suarez: It's Kimmel's? fault? OK. All right, I'm sorry, go ahead,
J.L.
Commissioner Plummer: My next question, Mr. Mayor. Are you providing, in
your motion, that any department head or anyone who presently has a take -home
car, if he is called back into the City on his time off, that, in fact, he
will be reimbursed for his transportation. For example...
Vice Mayor Dawkins: If he's coming from home to his job, no.
Commissioner Plummer: No, no, no, that's not the point. I think the one...
Vice Mayor Dawkins: Well, he has to come to his job to start to work. And he
must leave from his job going home.
Commissioner Plummer: I thank you for second guessing, but you are wrong.
Mayor Suarez: That's what the IRS (Internal Revenue Service) would do. The
IRS would allow you to claim mileage from your job place to another work site
where you had to do something. But not from your home to your job place.
Commissioner Plummer: The question that I was referring to, or trying to
refer to, is, if the Fire Chief were to be called in the evening and he had to
use his own personal automobile, would he be reimbursed for the use of his
personal automobile to accommodate the City's call?
Mayor Suarez: For any travel within the City limits that was related to his
employment, he could probably claim some compensation.
Commissioner Plummer: OK, well, I'm just asking, are you building that into
your motion?
158 September 27, 1990
Commissioner De Yurre: No.
Mr. Adams: The Fire Chief lives in Miami.
Commissioner Plummer: Oh, excuse me.
Mr. Adams: So he can take a car home.
Commissioner Plummer: OK, I'm just asking.
Commissioner Plummer: Even after his regular work is over.
-
Commissioner Plummer: All right, excuse me. The Police Chief, who does not
live in the City. The 70 people who we are denying now the use of an out of a
City vehicle, if, in fact, they are called back in by the City for whatever
reason, after 5 :00 in the afternoon or before 8:00 in the morning, is there,
built into this provision, that they will be reimbursed for mileage of their
own personal car? I assume the answer is yes. But, if you don't say it, you
don't provide it, it's back up to another question.
Vice Mayor Dawkins: Well, my answer is no and I will say again, if the
individual does not live in the City, and the individual has to go to work, he
should leave home, come to the job site, pick up a City of Miami vehicle, go
do the job, go back to the job site, leave the City's car, pick up his own car
and go home.
Vice Mayor Dawkins: I mean, the people whom you're talking about gets paid
ninety to a hundred thousand dollars a year and the reason you say they get
that is because they're on 24 -hour call.
Vice Mayor Dawkins: So you can't compensate him twice for being on 24 -hour
call.
(APPLAUSE)
Commissioner De Yurre: Mr. Mayor. You know, there's an issue that gets
deeper and deeper and we get off on tangents. It's 7:51 already and...
Mayor Suarez: Yes, let's...
Commissioner Plummer: OK, the final question...
Commissioner De Yurre: ...and he goes home at 9:00 and I follow him, so...
Mayor Suarez: That's right. Does he get mileage for going home tonight?
Commissioner Plummer: The final question that I have, Mr. Mayor...
Commissioner De Yurre: He lives in the City so it's not a problem.
Mayor Suarez: Yes, Commissioner Plummer.
Commissioner Plummer: Out of fairness to those employees, are you going to
give it 30 day effectiveness so that they have the provision of getting
another automobile? Are you making it effective today? When are you making
it effective?
Commissioner De Yurre: There are a number of questions and issues that are
coming up here that haven't been addressed. If there's a spirit towards that
end, so be it. But let's do it in a way that's sensible that we answer all
the questions that need to be addressed.
Commissioner Plummer: Since they were not asked, that's the reason I'm asking
the questions.
Mayor Suarez: I have no problem making it effective with the beginning of the
fiscal year, which is next Monday. No, whatever is a reasonable period of
time. Thirty days is fine with me, if the maker of the motion wants to...
Commissioner De Yurre: Why don't we put the issue on the October 18th
agenda? -and we can discuss it more fully?
159 September 27, 1990
Mayor Suarez: As a motion of principle, we can take it today and then
ultimately make it into a formal resolution, George, on the 18th of October.
Vice Mayor Dawkins: So move.
Mr. Adams: OK, that's...
Mayor Suarez: Moved and...
Mr. Adams: ...a hundred thousand dollars we're losing.
Mayor Suarez: Maybe not.
Commissioner Plummer: How are you losing a hundred thousand, George?
Mr. Adams: I won't be able to talk to you, Mr. Plummer, because your head is
some place else.
Commissioner Plummer: I'm going to vote for the motion.
Mr. Adams: I don't believe it.
Commissioner Plummer: Well, stick around.
Mr. Adams: All right.
Mayor Suarez: All right, we have a motion, understood is a motion of
principle to be acted finally on the 18th, including specific dates of
application like... you made it?
Vice Mayor Dawkins: I made it. I moved the motion.
Mayor Suarez: Vice Mayor -- seconded, Commissioner De Yurre?
Commissioner De Yurre: Might as well.
Mayor Suarez: Any further discussion? If not, please call the roll.
Commissioner Plummer: This relates to the automobiles.
Mayor Suarez: Yes.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
AYES:
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
MOTION NO. 90 -734
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
A MOTION OF THE CITY COMMISSION STIPULATING, IN
PRINCIPLE, THAT TAKE -HOME CITY CARS AND CAR ALLOWANCES
WILL ONLY BE ALLOWED IF THE GIVEN EMPLOYEE RESIDES
WITHIN CITY LIMITS; FURTHER STIPULATING THIS MOTION
WILL BE FURTHER DISCUSSED AND FORMALIZED AT THE
MEETING PRESENTLY SCHEDULED FOR OCTOBER 18TH; AND
FURTHER STIPULATING THE COMMISSION WILL CONSIDER
DIRECTING THE CITY MANAGER TO ENFORCE THE ACTION ABOVE
30 DAYS FROM FORMALIZATION OF SAME.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
160 September. 27, 1990
,
Commissioner Plummer: OK, all I'm asking...
•
Commissioner Plummer: In spite of Mr. George, the answer is yes, I'm in favor
of it.
Mayor Suarez: You did well to stick around until the vote was taken, George.
COMMENTS MADE FOLLOWING ROLL CALL:
Commissioner Plummer: Now, Mr. Mayor...
Mayor Suarez: So it's up to the Commission. I think those are questions that
we have to decide, but I know how I stand on it.
Commissioner Plummer: Can we, Mr. Mayor, make a designated time - is it the
18th of October? -in which we will make that decision because everybody...
Mayor Suarez: Yes.
Commissioner Plummer: ...is up in a quandary. I've already had application
from two City employees for the two empty bedrooms that I have.
Mayor Suarez: I think the City affordable housing projects are going to do
quite well if this passes.
Commissioner Alonso: Great. Wonderful.
Mayor Suarez: Which would be a very good thing for those programs.
Commissioner De Yurre: We can set it for the 2nd 6:00 o'clock item on the
18th.
Mayor Suarez: Seven p.m.?
Commissioner Alonso: That's right.
Commissioner Plummer: Victor, I'm not trying to say when. The 18th, if you
want...
Commissioner De Yurre: No, the 18th, no - we should put it to a head and
prepare something.
161 September 27, 1990
Mayor Suarez: Yes.
Commissioner Plummer: ...out of interest to a lot of City employees who I'm
sure you've spoken to and I have. I think we need to decide one way or the
other, whether it's tonight or on the 18th, what is going to happen with this
matter of residency? A lot of City employees are upset, they don't know where
they stand and I think as a matter of courtesy, that the matter should be
either in vote, put aside, denied, or whatever. But, I think it's unfair to
employees who have heard all of this discussion of a possibility, that this
matter continue and linger on and on. I am merely asking this evening, if
you're not going to address the issue this evening, and I can understand, are
we going to address it on the 18th so that we can bring this and they know
where they stand? I think they should...
Mayor Suarez: I would think so and I would think, as I stated before, and
this applies to the rest of the Commission, probably, if they've thought about
it, that it may be worthwhile making a distinction as to applicability for
people who are going to be newly hired. And I think in their case, it should
be absolutely a requirement, continuously met, that they be residents of the
City as opposed to those that have been with us.
Commissioner Plummer: Why don't you make that in a motion right now? I think
that will pass immediately.
Mayor Suarez: And there, I think it's a reasonable period of time ought to be
given and conceivably, in some cities, they have also distinguished on in
terms of the amount of salary for people over a certain amount, that the
requirement be imposed, but not to some of the lower paid employees for whom
it may be a hardship.
Commissioner Plummer: OK, I was just saying, bring it to a conclusion so the
employees will know where they stand.
Mayor Suarez: Make it 5:00 p.m. on the 16th.
Commissioner De Yurre: Well, they're still working. The City of Miami
employees work till five? They won't be able to get here on time.
Mayor Suarez: Five p.m. on the 16th.
Commissioner Plummer: Have it 4:59.
Mayor Suarez: All right, 5:00 p.m. on the 16th.
Commissioner Alonso: Yes.
Commissioner Plummer: Eighteenth, isn't it? - eighteenth, yes.
Mayor Suarez: Eighteenth. So moved and seconded, or if not, so ordered,
because it doesn't need a motion. Thank you, George. We'll take it up at
that point. Final determination. Anything further? If not, I'll entertain a
motion on item 19 which...
Commissioner Plummer: Mr. Mayor, I told you I have one other item.
Mayor Suarez: Oh, yes, Commissioner, you wanted to make a couple of
clarifications.
Commissioner Plummer: Mr. Mayor, as I said previously when I spoke about
Rescue 4, everything in the budget is a projection and setting of priorities.
I am very concerned in the Police Department of the tremendous amount of
increase of calls that we are receiving and, unfortunately, to tell the truth,
we have to admit that we have priority calls that are running up to 30 and 40
minutes of being answered. Non priority calls are going from one hour to
twelve hours response. I have talked with the Chief and asked him to go
through his list, which he now has furnished me, and tell me if it was humanly
possible that he could bring 50 more policemen out of that station and put
them on the street to reduce this time as well as to provide better service to
the public. His answer to me, and I'm sure he's present, and I would ask him
to verify that he could, in fact, do that if he had the money to replace or to
replace with civilians. Now, what I'm saying to this Commission, we are about
the business of providing service to the public. My main concern is in the
area of the priority calls, in progress calls, in calls of that nature. I
would be so disposed to make a motion this evening to instruct the Manager,
regardless of how he does it, to provide the civilians to the Police Chief or
to the Police Department in which he could, in fact, release those 50
policemen, replace them with civilians, and put them back out on the street to
reduce the response time. Now, I'll let the Chief speak. If I'd said
anything incorrectly, please correct me, but I say to this Commission, in a
matter of priorities, as far as I'm concerned, it is something that is
definitely needed. It is a high priority. I would leave it to the discretion
of the Manager and give him 90 -days in which to bring it about or 60 -days,
whatever is reasonable. But I think we've got to do it. The calls for
service are not business as usual. We cannot deal any longer with it as
business as usual and we've got to take additional measures. I guarantee you,
if take a poll of the people of this community and you set and gave them
alternatives as to priorities, I think this would be very high on their
priority for a response. I would ask, with your permission and the Manager,
that the Police Chief speak to it and I'm then prepared to make a motion.
Mayor Suarez: Chief.
Chief Perry Anderson: We have looked very carefully at many of the positions
currently being held by sworn personnel within the Police Department and
carefully looking at those and making an assessment that we can, with people
who are qualified in a technical way, and also that meets the requirements
based upon skills, that a policeman are currently providing and fulfilling in
the Police Department, that we can put 50 people, sworn people, out on the
street.
Commissioner Plummer: Mr. Mayor, I....
162 September 27, 1990
Chief Anderson: Well, there's assessment, there's a cost to it.
Mayor Suarez: Can that be absorbed?
Commissioner Plummer: It's a mixture. I have...
Mayor Suarez: Will the impact, initially - if I may inquire here, J.L. - be a
negative economic impact initially at least until somehow these 50 have gone
through the system and replaced what otherwise would have been uniformed
police officer. I mean, isn't there an immediate economic impact that is
negative towards the budget?
Commissioner Plummer: Of course there is. There's no question there is.
Now...
Commissioner Plummer: ...are you talking about in the realm of additional
monies or resetting of priorities? I say, we have no additional money, but we
have to set priorities.
Mayor Suarez: What is the economic impact, just so I know and to make sure
that we...
Commissioner Plummer: Up to - it could be up to a million dollars, Mr. Mayor.
Mayor Suarez: And, another question. Do you envision that a lot of these -
if I, just to get a little bit of a breakdown and more specificity - are the
ones that Commissioner Plummer's always complaining about and I think rightly
so, the ones that respond to alarms or are they property room or what are
they? I mean, I'm just...
Mayor Suarez: ...I want to make sure that we're not dealing with people who
may be creating a problem and I'm sure you've looked at this, but I just want
to get it on the record.
Commissioner Plummer: Mr. Mayor...
Mayor Suarez: Who may be disruptive to the hierarchy of the department or to
the confidentiality of investigations or anything. What kinds of tasks are
these people performing now that would be replaced, Chief?
Chief Anderson: First of all, Mr. Mayor, I just want to - just for
clarification - I don't understand your question as to the Commissioner's
concern, in reference to some of the positions within the Department...
Mayor Suarez: He always talks about the... and has a concern that he's
expressed many times and made a lot of sense to me about the officers who are
used to respond to alarms. I know that the answer to that has... or who
handle the whole alarm, burglar system and all of that. I know that part of
your response to that has been that most of those officers are already
inactive, in any event. They cannot do active field work because of a variety
of physical and emotional conditions. So, I'm not sure if that's the place or
are we talking about administrative tasks such as are performed in the
property room or... I mean, have you...
Chief Anderson: Well, yes...
Commissioner Plummer: May I give you an idea because the Chief surrendered to
me on the Commission Awareness Program, for example, this is where he would
draw these 50 - and this a draft, it's not a final in form - but, for example,
he would take two out of public information. He would take five that guard
the back gate. He would take four out of the auto pound. Bayside office,
one. Special events coordinator, three. Crime prevention unit, five. Now,
these are sworn officers, OK? For example, in the school guards, supervisor
I, forfeiture detail, maintenance detail, fitness sergeant - and I'm just
skipping over, but this is basically here. Let me say to you, Mr. Mayor...
Mayor Suarez: And you're convinced, Commissioner, and you're convinced,
Chief, that ultimately, these people will not end up - ending up with fancy
titles and high bureaucratic positions that will end up costing us more than
the sworn police officers?
Chief Anderson: Well, civilians al...
163
September 27, 1990
Mayor Suarez: I mean, I could just imagine some guy walking in here saying
I'm an assistant director to the Police Department for physical fitness or
something, and expecting to get paid some huge amount of money. That's what
worries me. At least the police officers we have certain hierarchy and
certain ranks and, you know, we've negotiated with union certain salary
levels. I would hope that...
Commissioner Plummer: I think there's only one sergeant.
Chief Anderson: Well, the difference is that...
Mayor Suarez: Do you think you can control the civilians, Chief, is what I'm
asking?
Chief Anderson: I think I can, but the situation is that with the civilian
people, we don't have to provide accompanying equipment.
Mayor Suarez: Also training in some cases.
Chief Anderson: We don't have to provide cars, we don't have to provide
clothing or other kind of concerns dealing with insurance and other coverages
that would...
Mayor Suarez: And the other reason I ask these questions, just for benefit of
the people who are here, is that, as you know, Chief, and the Manager and
Commissioner Plummer, Commissioner Dawkins - those that have been here for a
long time - perhaps the other ones of us that have read up on this. The idea
of civilianization of the Police Department is thrown around by a lot of
people and has been tried in the Miami Police Department at different times
and if it's not done right - I gather you two have really gotten into this -
and are doing it carefully and the Manager is supervising it all, that it
could end up costing you money, creating security problems in the department,
and just being a mess. And it's encouraging to me that this has been done
with your involvement and cooperation, and, if so, I don't know that any of us
can have any problem with it. Let me complement the Chief because in this
list, he's even taken two out of his own personal office and put back on this
list as to be put back to the streets rather than. Mr. Mayor, I would move at
this time that the City Manager find the necessary whatever to provide the
Chief with these resources that I think are really needed to accomplish the
putting of these 50 policemen back out on the street. I so move.
Mayor Suarez: So moved. There's no specific timetable on that?
Commissioner Plummer: Well, let me ask the Chief. What's reasonable, Chief?
No, not two years, that's not reasonable.
Chief Anderson: I'm going to be honest with you. It's not my job, J.L., but
I do understand, Mr. Commissioner, the affordability and the positions that
the City's in at the current time.
Commissioner Plummer: You also realize the calls for service.
Chief Anderson: Yes, but I'm going to. I'm going to get around to that, that
it will require at least a year or year and a half to carefully put those
people into the system properly. And make sure...
Commissioner Plummer: Chief, I don't think this City can wait a year and a
half. I'm being honest with you. I know that these Commissioners are getting
the same complaints that I am, and maybe I get a few more, I don't know, or
they do. I don't think the people of this community can wait that long. Now,
I'm saying to you, I think that if we were to take, and as I look over this
list of where these people are coming from, I think that you can, you know, go
right through this list and do half of it within 90 -days. At least half of
it. You know, all I'm saying...
Mayor Suarez: The economic impact initially is quite, quite high if you try
to specify that kind of a timetable.
Mr. Odio: You're talking a million and a half dollars.
Vice Mayor Dawkins: OK, that's what...
164
September 27, 1990
Commissioner Plummer: Here again, Mr. Mayor...
Vice Mayor Dawkins: ...where is it coming from?
Mayor Suarez: That is the accompanying question.
Commissioner Plummer: Mr. Mayor, I'm saying it's a matter of setting
priorities. It's got come from somewhere else.
Mayor Suarez: No, no, no, it is not a matter of setting priorities. If you
want to do it that way, then you have to identify what else you're going to
cancel that's equivalent to that amount of money.
Commissioner Plummer: I want to give the Manager that latitude to let him do
it.
Mayor Suarez: Oh, that's beautiful, you're give him the latitude. Where's he
going to find the money? I mean..,
Commissioner Plummer: He's going to have to knock something else out.
Mayor Suarez: What he's saying, he should...
Vice Mayor Dawkins: But, he just brought you a budget that he says was
balanced, and he can't find nothing else.
Mayor Suarez: I mean...
Commissioner Plummer: No, he can't find anything else. It's a matter he's
going to have to cancel out something else.
Mayor Suarez: You know why I asked too is that you have a certain amount of
attrition. You have a certain amount of ease of replacing people with time if
you give them a little bit of time and the economic impact will not be nearly
as great, you know.
Mr. Odio: First, let me tell you something. You just don't go and find 50
civilians that can fit into the Police Department overnight. And if somebody
tells they can do that, they're wrong. And then you're going to have the
problems we had there in the past. And we cannot stand for that.
Commissioner Plummer: Excuse me, Mr. Manager, I disagree.
Mayor Suarez: Well, we're only talking about timetable at this point. I
think...
Commissioner Plummer: Mr. Manager, excuse me.
Vice Mayor Dawkins: I do, I disagree.
Commissioner Plummer: You can get five security guards to take care of the
back gate overnight.
Mr. Odio: Then, when they...
Commissioner Plummer: You got five sworn officers taking care...
Mr. Odio: They steal the marijuana, there still with the security guards
inside the truck.
Commissioner Plummer: Sir. Now, you know, you want to fight the public, you
go ahead. I made my motion.
Mr. Odio: Well, the public has been very clear about the whole thing. They
said, no increase of taxes.
Commissioner Plummer: That's correct.
Mr. Odio: We have not increased taxes. You cannot have it both ways.
165
September 27, 1990
--1
items that we have left tonight.
(APPLAUSE)
Commissioner Plummer: Mr. Manager... Mr. Mayor, I will do this. I will agree
to 25 within 90 -days. And, as I look at this, it is easy...
Commissioner Plummer: But, the second point that the public of this City
makes is that this Commission doesn't spend their money wisely. That they're
not getting the bang for their buck.
Mr. Odio: Fine, let's tell me where we take it from.
Commissioner Plummer: That's... you want me to do it, I'I1 go through it and
do it.
Vice Mayor Dawkins: Well, do it then, so we can go to the next item.
Commissioner Plummer: Excuse me?
Vice Mayor Dawkins: Do it so we can go to the next item.
Mayor Suarez: Yes, we really - Commissioner...
Commissioner Plummer: I got to go back through this. All of this stack is
what we're going through now. And let me tell you something, the Chief has
given me his word that we'll do this now, but we will continue to work under
the Commissioner Awareness Program.
Mayor Suarez: He told you before that this is something that is done through
a period of time through a transitional period of somewhere between 12 months
and a year and a half.
Commissioner Plummer: Mr. Mayor...
Mayor Suarez: So, that doesn't mean now, as you're saying it, and the now
implication in the resolution, it has a huge economic implication. If you
have a timetable that's reasonable...
Commissioner Plummer: I would...
Mayor Suarez: ...he may be able to do it with a minimal economic impact,
through attrition and through a few other people that we can suggest that,
maybe, you know, we cannot afford them if they're doing the wrong task at the
wrong place in the Police Department as sworn police officers, and maybe we
can even negotiate with the union on that. So, I would suggest to you that if
you leave it as a generic statement of principle, with your approval and the
Manager's recommendation, I'll vote for it. If you say that it has to be
implemented now...
Commissioner Plummer: You give me what you consider to be a reasonable
period. Give it to me. I mean, you know, if you...
Mayor Suarez: What he said, what he said, a year and a half.
Commissioner Plummer: I can't agree with it. Mr. Mayor, how long it is...
Mayor Suarez: All right, otherwise, I'd have to vote against it tonight, but
what I ask you to do is, please, move it or don't move it, however you think
it should be done, so that we can complete the item on the budget and we can
also complete the item on the feeding of the homeless and a couple of other
Mayor Suarez: Can you handle that, Chief?
Commissioner Plummer: You've got a physical fitness police officer. You
can't find a civilian for that? Of course you can.
Mayor Suarez: But, it's the economic impact. Now you...
Commissioner Plummer: You got one police officer on a maintenance detail.
You can't find a civilian to take care of maintenance?
Mayor Suarez: Oh, he can find the people if you can pay it.
166
September 27, 1990
Commissioner Plummer: OK, here. My motion is thus. That we give the Chief
90 -days, 100 -days, a hundred days to fill 25... You want to make my motion?
Mr. Odio: No, sir.
Commissioner Plummer: OK. We give him a hundred days to fill 25 and we give
him 200 days to fill the fifty.
Mr. Odio: Well, you are telling the Chief to find the money too?
Commissioner Plummer: No, I'm telling you.
Mr. Odin: Because I can't find the money.
Commissioner Plummer: It is your job to tell the Chief.
Mayor Suarez: So moved.
Mr. Odio: Well, my job is to tell you I don't have the money.
Mayor Suarez: So moved.
Commissioner Plummer: OK, I...
Mayor Suarez: The Manager, who I was going to ask if he could feasibly do
that within the budget, has said he could not. So we have his statement and
your motion, Commissioner. Do we have a second on that motion as stated? Do
we have a second on that motion as stated? Going twice...
Commissioner De Yurre: I'll second provided that...
Mayor Suarez: Seconded.
Commissioner De Yurre: Since he won't be able to find the money that J.L.
finds the money and comes back and tells us where it's going to go.
Commissioner Plummer: Oh, I'll be glad to, but don't let me come back here
and then tell me you're not going to go for it.
Commissioner De Yurre: Well, I want to know where it's at.
Commissioner Plummer: Because, you know, I'm telling you right off the bat
that, here again, I'm sorry to pick on it.
Vice Mayor Dawkins: Watch this, watch this, watch this.
Commissioner Plummer: But if I got to have an eight hundred and fifty to a
thousand dollar boxing program, or 50 policemen to respond to the public,
buddy, right there, that's the start.
(APPLAUSE)
Vice Mayor Dawkins: No, no! Do not clap for that. The boxing program is
money from - what law defensement fund?
Chief Anderson: Well, it comes from policemen hard work capturing criminals.
Vice Mayor Dawkins: It's money that we get when you capture drugs and what
have you. It is not budgeted money. So don't let people sit here and make
you think that the eight hundred and fifty dollars, thousand dollars, in the
boxing program, is your ad valorem taxes. It is not so.
Commissioner Plummer: OK, look.
Mayor Suarez: And we're constrained very such on how we can use that. And,
believe me, of the various possible ways to use it, that is one of the best
we've come up with because they are police officers, they are helping our
youth, and also in the process, deterring crime somewhat. Yes?
Commissioner De Yurre: Here, 3.L., we'll do it this way. Mr. Mayor, let's do
it this way then. Let's have the Manager come back and say where he would
recommend that it come from and then we make the decision.
167 September 27, 1990
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' I ' H
Plummer: That's what I tried to do before.
Vice Mayor Dawkins: And if he doesn't, J.L. will tell us and we will go...
Mayor Suarez: To me - yes, to me I understand that then to mean, a statement
of principle as the direction we should be heading in and...
Vice Mayor Dawkins: And if J.L. finds it, we go with it.
Mayor Suarez: And conditioned on having the money and showing that we... yes,
that we can finance it. We'd all love to do it, of course.
Commissioner De Yurre: OK, fine, well let's go with it. Let's vote on it.
Mayor Suarez: All right, so it comes down to the same thing. And there's an
implicit timetable of - you said?
Commissioner Plummer: One hundred days and 200 - days.
Mayor Suarez: One hundred and 200 -days. All right, so stated and conditioned
on finding the money which is the way we always do things here.
Commissioner Plummer: Mr. Mayor, I had earlier indicated to you that I had...
Mayor Suarez: I have some ideas, by the way, on where to find the money,
because I think we all do, but...
Commissioner Plummer: OK, I had also indicated that I had a second problem in
the Police Department. I'm happy to report to you I found out that it wasn't
a problem.
Mayor Suarez: Resolved.
Commissioner Plummer: It was in relation to cars for PSAs (Public Services
Aides) to go out and write reports and they didn't have the cars. We now 20
cars which, unfortunately, I would ask the GSA (General Services
Administration), they've been sitting over in the yard, to get them ready so
the PSAs can go out and write the reports and release the policemen back to
active duty.
Mayor Suarez: We're going to have a surplus of cars after the mother motion
we made a little while ago. So, we're going to have a lot of cars in the
City.
Commissioner Plummer: We'll have 31 cars available as soon as the GSA gets
the other twenty.
Mayor Suarez: Does Coalition for the Homeless want any cars? We're going to
have a lot of cars after the motion on requiring that City employees to take
home cars, live in the City. You'll see. All right, we have a motion and a
second, understood as such.
Commissioner Plummer: You got 70 surplus to start with.
Mayor Suarez: Right. Any discussion? If not, please call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 90 -735
A MOTION IN PRINCIPLE, INSTRUCTING THE CITY MANAGER TO
IDENTIFY THE NECESSARY MONIES IN ORDER TO PROVIDE 50
CIVILIAN EMPLOYEES TO THE POLICE DEPARTMENT, IN ORDER
THAT THE POLICE CHIEF MAY REPLACE AN EQUAL NUMBER OF
SWORN POLICE OFFICERS FOR STREET DUTY; AND FURTHER
DIRECTING THE POLICE CHIEF TO REPLACE THE FIRST 25
SWORN OFFICERS WITHIN 100 DAYS AND TO REPLACE THE
OTHER 25 SWORN OFFICERS WITHIN 200 DAYS; FURTHER
REQUESTING THE MANAGER TO REPORT BACK CONCERNING
POTENTIAL FUNDING SOURCES FOR THIS PROJECT.
168 September 27, 1990
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES:
Commissioner Victor be Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Vice Mayor Dawkins: The International Trade Board.
Mayor Suarez: ITB, Vice Mayor Dawkins.
Vice Mayor Dawkins: Forget everything until we get to variable operating
expenses. And that starts with two- seventy. I'd like, if Commissioner
Plummer could tell me, what 340 other contractual services, $36,000, what that
will be spent for?
Commissioner Plummer: It was felt, and I'm speaking, of course, as chairman
for the board. The thirty -six thousand that you referred to was a protocol
officer. It was necessary. They felt that it was very important in
International Trade that there be a protocol officer.
Vice Mayor Dawkins: OK, is that an individual who was laid off from over
there and then you all hired him back?
Commissioner Plummer: We've not done it, but that is the potential
possibility, yes.
Vice Mayor Dawkins: OK, then why can't I do that throughout the City of Miami
with the people that have been laid off, if we can do it one place?
Commissioner Plummer: Mr. Dawkins, in this particular case, I'm not saying
that that individual would or would not be. The indication is that he would.
That this individual is highly qualified by virtue of his background...
Mayor Suarez: But, is he somebody we have in the City already? Maybe that's
where the confusion is.
Commissioner Plummer: Well, but he has been terminated.
Commissioner De Yurre: Who's that?
Commissioner Plummer: OK, Andre Vargas- Gomez. Who is the man who the board
feels...
Mayor Suarez: Because if we had problem - if we didn't have a problem of an
employee being laid off, that we're all trying to avoid, as ceremonial head of
the City, the one thing that I have under the Charter, I probably could do
without a protocol officer, so...
Commissioner Plummer: All right, Mr. Mayor, let me also indicate...
Mayor Suarez: But, I mean, if we're talking saving somebody that would
otherwise be laid off and we're doing our best not to do that...
Commissioner Plummer: Let me indicate to you, Mr. Mayor, that what they did
also do, was they reduced him down from his present salary of $44,000 down to
$36,000 on a contractual basis.
Mayor Suarez: I'm still waiting for that to happen every once in a while to
those that make eighty and ninety thousand when the budget crunch comes. And
I asked that during the budget hearings and I have yet to see that happen to
anybody.
Commissioner Plummer: All right, sir. Well...
169 September 27, 1990
-i^ 41111I@11,11H ill11111111 111j1
Commissioner De Yurre: Disney World.
Commissioner Plummer: Say again, I'm sorry?
Vice Mayor Dawkins: In the 690 promotional activities, $80,000. What will
they promote for $80,000?
Commissioner Plummer: Mr. Dawkins, there was a number of areas,
sponsorships - we have three trade missions that most of you all do attend and
go on. There's one to Italy, there's one to the Bahamas, and there's one
other trade mission that has been scheduled...
Commissioner Plummer: Not Disney World, no. Those are the kind of things
that those promotional monies are for.
Vice Mayor Dawkins: OK, well then why would we have fixed operational, 420,
travel and per diem, $15,000?
Commissioner Plummer: Travel and per diem is where the members of the staff
are sent to inquire into different areas. That is the - the travel money is
strictly for staff. The other monies would be from the $80,000 that you
previously referred to.
Vice Mayor Dawkins: All right, 938, to private organizations. What is that?
Vice Mayor Dawkins: Nine thirty, $50,000 to a private organization. What is
that?
UNIDENTIFIED SPEAKER: That's the Interamerican Conference that we put on.
Commissioner Plummer: That is the Interamerican Conference which this Trade
Board has put on and continues to put on. It's felt by most that that is, in
fact...
Vice Mayor Dawkins: This Trade Board does not put it on. this is put on by
Peter Johnson and...
Commissioner Plummer: Excuse me, they are a participant. Without that fund,
it would not be available.
Mayor Suarez: Are you talking about the Caribbean Conference or are you
talking about Interamerican Sugar...
Commissioner Plummer: No, the Interamerican Conference.
Vice Mayor Dawkins: That Peter Johnson sponsors and we never get an audit
from it.
Mayor Suarez: The Miami Caribbean Conference.
Commissioner Plummer: No, that's not Peter Johnson.
Mayor Suarez: Is the other one?
Vice Mayor Dawkins: ...$50,000?
Commissioner Plummer: Fifty thousand dollars.
Vice Mayor Dawkins: Is not Peter Johnson?
Commissioner Plummer: No.
UNIDENTIFIED SPEAKER: No.
Vice Mayor Dawkins: Who?
Mayor Suarez: You're talking about...
UNIDENTIFIED SPEAKER: That's our Interamerican Trade and Investment
Conference.
Commissioner Plummer: It's in -house conference.
170 September 27, 1990
Mayor Suarez: Interamerican Trade and Investment Conference.
Vice Mayor Dawkins: OK, I'd like to make a motion. It may not fly, but,
heretofore, when a Commissioner felt that something... I would like to move
that this budget be funded at 1 /12th of the total amount each 12 months and
they come here and explain to me what they did with the money.
Commissioner Plummer: Let me only state for the record, that this budget has
been reduced by - this budget has been reduced by?
UNIDENTIFIED SPEAKER: By a third, by a quarter of a million.
Commissioner Plummer: This budget has been reduced by almost $250,000.
Vice Mayor Dawkins: That's four police officers.
Commissioner Plummer: I don't disagree with that, sir.
Mayor Suarez: Let the record reflect and let the audience know that the City
used to have a Trade and Commerce Department with a huge budget. One good
thing we've done over the years, is we've involved a lot of volunteers and
we've put on most of these things with a lot of volunteer involvement and
effort and, otherwise, the City would have almost no trade component which
would be disastrous for promotion of the trade in our City. Anyhow, just to
give you a little history. We don't have a Trade and Commerce Department any
more.
Commissioner Plummer: Mr. Mayor, there has been, by my colleague, a motion
made...
Mayor Suarez: Yes, what is the tenor of the motion again? -that the...
Commissioner Plummer: If, in fact, that is seconded and passed, we will, of
course, abide by that dictate of the Commission. If not, then I would assume
the budget which has been proposed would pass.
Mayor Suarez: That's correct. The motion, as stated, was what, Madam City
Clerk?
Ms. Hirai: To budget on a 1 /12th monthly basis, and fund the next month only
upon justification of expenses incurred.
Mayor Suarez: For the entire... or just for the...
Vice Mayor Dawkins: No, salaries, no. Anything above, J.L., anything above
operational expenses, I don't want to touch.
Commissioner Plummer: OK, the only problem that I could foresee is the fact
that you have commitments beyond that run much more than what 1 /12th would
amount to, Commissioner. And how would we be in a position of saying, yes, if
we don't know whether or not it's forthcoming? I'm not trying to fight you on
this, understand.
Mayor Suarez: What is the total of the none salary or non - administrative, the
outside budgetary items?
Vice Mayor Dawkins; $254,000.
Mayor Suarez: Two fifty -four?
UNIDENTIFIED SPEAKER: Salary and wages.
Commissioner Plummer: We're looking at - no, hold on, roughly $400,000. Huh?
Vice Mayor Dawkins: No, that's the grand... no, I'm talking about just fixed
salaries, two fifty -four.
Commissioner Plummer: Less salaries.
Mayor Suarez: How much is left beyond that of the ITB budget? Roughly, two
hundred. I would have no problem if we sort of sequestered $50,000 of that,
which is about a fourth, and...
171 September 27, 1990
Vice Mayor Dawkins: No, I will relinquish this and I'll just demand that
every two months they come and tell me what they did.
Mayor Suarez: All right, or every quarter.
Vice Mayor Dawkins: As a Commissioner...
Commissioner Plummer: You mean, give a report to the Commission?
Mayor Suarez: And I would like a report on...
Commissioner Plummer: Excuse me. I would go one step further for you,
Commissioner. I would instruct staff...
Mayor Suarez: You'll give us a report every day.
Commissioner Plummer: ...to give a monthly report.
Mayor Suarez: That's what I was afraid of. All right.
Vice Mayor Dawkins: No, I'll write my questions and they come every two
months and answer them for me.
Mayor Suarez: And on trade missions, Commissioner, I particularly want to
keep an eye on those. I think we can save a lot of money on trade missions
and I think the Commission ought to have an involvement in that. A lot of
them can be done if we get enough people...
Commissioner Plummer: We've already cut back some.
Mayor Suarez: So the travel agent ends up paying for the extra passage of the
Commissioner in question and we've done that in the past and saved a lot of
money. All right, so understood in the motion?
Commissioner Plummer: Do I understand then, Commissioner Dawkins has a motion
on the floor now that says we will report...
Mayor Suarez: We need a two month report on all outside...
Commissioner Plummer: Every two months.
Mayor Suarez: Right.
Commissioner Plummer: OK.
Mayor Suarez: So moved.
Commissioner Plummer: On everything but salary, is that correct?
Mayor Suarez: Right.
Vice Mayor Dawkins: Yes, everything but...
Mayor Suarez: So moved.
Commissioner Plummer: Yes. That's fine.
Mayor Suarez: Seconded. I understand "that's fine" to mean seconded. Any
discussion? If not, please call the roll.
172 September 27, 1990
W w a 1111111 I11hr iL V
_:
1 .111 1
AYES:
MOTION NO. 90 -736
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
A MOTION ACCEPTING THE PROPOSED BUDGET FOR THE
INTERNATIONAL TRADE BOARD FOR FISCAL YEAR 1990 -91
SUBJECT TO THEIR REPORTING EVERY TWO MONTHS TO THE
CITY COMMISSION CONCERNING ALL EXPENSES INCURRED
EXCEPT SALARIES.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: OK, I'll entertain a motion on the millage rate, is the first
one. No?
Commissioner Plummer: No, no, no, no. Whoa, whoa, whoa!
Mayor Suarez: One last... remember, we've got one huge item with many, many
people here. If you would sort of...
Commissioner Plummer: Mr. Mayor, if you don't want me to address the issue,
I'm sorry. It's an issue that's got to be addressed.
[NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY
TABLES CONSIDERATION OF BUDGET ISSUES IN ORDER TO
CONSIDER AN ITEM FROM THE PLANNING AND ZONING PORTION
OF THE AGENDA.]
53. (A) CONTINUE PROPOSED ISSUANCE OF MAJOR USE SPECIAL PERMIT
DESIGNATING 2127 BRICKELL AVENUE AS A PLANNED DEVELOPMENT
OVERLAY DISTRICT, INCORPORATING HERITAGE CONSERVATION BOARD
RESOLUTION 90 -23, PER CITY CODE PERTAINING TO ENVIRONMENTAL
PRESERVATION DISTRICT #37 -7 (to Planning and Zoning Meeting
presently scheduled for October 25th - see label 51). (Bristol Tower)
(B) CONTINUE PROPOSED SECOND READING ORDINANCE AMENDING 11000 ZONING
ATLAS FROM: (a) R -4 MULTI FAMILY HIGH DENSITY RESIDENTIAL FOR
596 N.W. 49 AVENUE AND (b) R -2 TWO FAMILY RESIDENTIAL FROM 4901
N.W. 5 STREET, TO C -1 RESTRICTED COMMERCIAL (to Planning and
Zoning meeting presently scheduled for October 25th).
Mayor Suarez: Before you do that, I'm sorry, PZ -24. We now have an
understanding that both sides do agree to a continuance. I'll entertain a
motion...
Commissioner Plummer: So move.
Mayor Suarez: ...to continue it until October the 25th. So moved.
Vice Mayor Dawkins: Bob wants to say something.
Robert Traurig, Esq.: Thank you.
173 September 27, 1990
Mayor Suarez: Seconded by Commissioner Dawkins. That was close enough, he
raised his hand.
Commissioner Plummer: October what? Wait a minute, what day? October what?
Mayor Suarez: Twenty- fifth, the planning and zoning agenda item in October.
Call the roll.
AYES:
NOES: None.
ABSENT: None.
Mayor Suarez: Commissioner Plummer...
Mr. Traurig: Mr. Mayor, may we come back on that item PZ -3 that you had more
or less tabled on the same...
Mayor Suarez: We will try to get to that.
Mr. Traurig: October 25. That would be fine. We're prepared to come back
October 25. There was a problem.
Commissioner Plummer: So move that the continuance on PZ -3.
Mayor Suarez: All right, on PZ -3, so moved to continue. Thank you. Somebody
second.
Commissioner Alonso: Yes, I second.
Mayor Suarez: Thank you, call the roll on that. We appreciate that.
Presumably both sides are in agreement, Bob.
AYES:
NOES: None.
ABSENT: None.
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY VICE MAYOR DAWKINS, PZ -24 WAS CONTINUED TO
THE PLANNING AND ZONING COMMISSION MEETING OF OCTOBER
25, 1990 BY THE FOLLOWING VOTE:
ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY COMMISSIONER ALONSO, PZ -3 WAS CONTINUED TO
THE PLANING AND ZONING COMMISSION MEETING OF OCTOBER
25, 1990 BY THE FOLLOWING VOTE:
[NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY
TABLES CONSIDERATION OF PLANNING AND ZONING AGENDA
ITEMS TO RESUME CONSIDERATION OF BUDGET ISSUES FROM
THE REGULAR PORTION OF THE AGENDA.]
174 September 27, 1990
54. (Continued discussion concerning City's FY'90 -91 Budget): DIRECT MANAGER
TO OPERATE PEPPER FOUNTAIN IN BAYFRONT PARK UP TO FOUR HOURS A DAY
($210,249) - DIRECT MANAGER TO IDENTIFY A SIMILAR AMOUNT TO BE ALLOCATED
TO THE MOST NEEDY INNER CITY PARKS. (See labels 50 and 52)
Mayor Suarez: Commissioner Plummer.
Commissioner Plummer: Mr. Mayor, the Bayfront Park Authority has surrendered
a budget to you with a blank. That blank is what this Commission I felt that
it was only right that this Commission should set what they feel is right for
the community...
Mayor Suarez: What's the...?
Commissioner Plummer: .,.as to the hours of operation of the fountain.
Mayor Suarez: What's the Manager's recommendation?
Commissioner Plummer: OK? He wants to fill it in with sand.
Mayor Suarez: Don't run the fountain at all.
Commissioner Plummer: That's his...
Mr. Odio: Not for two hundred thousand a year.
Mayor Suarez: What's the minimum alternative recommendation, Commissioner
Plummer?
Commissioner Plummer: All right, Mr. Mayor, you have in front of you, we
forwarded to each and every one of you, going from zero to four hours makes
really no difference in the involvement. After that, it does on an hourly
basis. The minimum, let me give you that. The minimum to run it four hours a
day, which would basically be two hours at noon and two hours in the evening
for a total year, would be $210,249. Going to the other extreme, running it
at a half a day.
Commissioner De Yurre: How many police officers is that?
Mr. Odio: That's four.
Commissioner Plummer: Turn it down if you want.
Mayor Suarez: Don't bother to go to the other extreme.
Commissioner De Yurre: That's four police officers.
Commissioner Plummer: Hey, Victor, hey, you want to turn it down? I'm under
an obligation to bring it to you.
Mayor Suarez: No, no, unless I'm hearing the Com...
Vice Mayor Dawkins: We are going to turn it down.
Mayor Suarez: Unless I'm hearing the Commission wrong, the other part of the
range is probably not even worth mentioning unless you want to put it on the
record just for the heck of it.
Commissioner Plummer: No, sir, I'm not trying to fill up. I'm asking, as I
was requested by the Manager, I have given you a supplemental budget as to the
cost and the operation of the fountain. It is up to this...
Commissioner De Yurre: The DDA, let me tell you, the DDA should put up some
bucks for this.
Mr. Odio: If they want to see water, let them pay for it, I mean...
Commissioner De Yurre: You know, the DDA should, with their funding.
175
September 27, 1990
Commissioner Plummer: Let me assure this Commission that my office is
diligently trying to secure funds from the outside sector and we are working
on it. But we have no guarantee and as of Monday, we have no money left to
run the fountain. OK?
Mayor Suarez: That refers to the end of the fiscal year. OK?
Commissioner Plummer: That's correct, sir. Now, this Commission is either
got to put a zero in the blank or this Commission has got to come somewhere
and give me a number so that the Manager will know what the total cost of the
budget of the park operation is.
Commissioner De Yurre: All you got to do is give the fountain to the Sports &
Exhibition Authority. We can fund part of it.
Vice Mayor Dawkins: Mr. Manager, Mr. Manager.
Mr. Odio: Yes, sir.
Vice Mayor Dawkins: How much money do you have to run the fountain?
Mr. Odio: Zero.
Vice Mayor Dawkins: Zero?
Mr. Odio: Yes, sir, that's what I put in the budget.
Vice Mayor Dawkins: No, no, see, all right...
Mr. Odio: I have zero dollars. That's the... yes, sir.
Vice Mayor Dawkins: Well, I'm going to tell you, as I've been saying from day
one, if you put $50,000 or any multiple thereof into the fountain, you better
find an inner City or a City park within the City to put $50,000 or $50,000
multiple into each one of them.
Mr. Odio: Well, that's why I found zero.
(APPLAUSE)
Vice Mayor Dawkins: OK, all right, hey, that's all. OK?
Mayor Suarez: OK, we've established the mathematically a multiple of zero is
zero, so no problem there.
Vice Mayor Dawkins: No problem, see, but...
Commissioner Alonso: May I ask one question?
Mayor Suarez: Commissioner...
Vice Mayor Dawkins: ...but when I see the water sprouting up down there, I
want to see the playground equipment there and I want to see something in
Grapeland and...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Vice Mayor Dawkins: ...they just left here.
Mayor Suarez: All right, Commissioner Alonso...
Vice Mayor Dawkins: That's why I said the City parks. See. All of the City
parks.
Mayor Suarez: Commissioner Alonso.
Commissioner Alonso: I have a question.
Mayor Suarez: Mr. Manager.
176 September 27, 1990
Commissioner Alonso: If we decide not to run the fountain and we keep it
without water, will it affect the fountain at all?
Commissioner Plummer: Yes.
Commissioner Alonso: If we keep it like that for extended periods of time?
Mr. Wally Lee: Yes it will, Commissioner.
Commissioner Alonso: That's what I was afraid of.
Mayor Suarez: What is the minimum recommended amount of time that we should
operate it?
Mr. Odio: We can only afford about two minutes a day, because...
(LAUGHTER)
Mr. Odio: We'll run the water for two minutes and shut it down.
Commissioner Alonso: Can we go with hose?
Mayor Suarez: The next time, folks, that the Miami Herald and some other
people go out there and say, we need to bring in an architect from God knows
where, to design our parks for us instead of using a local architect who, in
this particular case, and he has passed away - I don't mean to be
disrespectful, but in this particular case built into the contract a provision
that says that we cannot even change his design, believe it or not. We're the
owners, we're the ones building doggone thing and we can't change his design
and instead of ending up with a very nice fountain, you can usually build for
a reasonable amount of money in the hundreds and thousands of dollars that is
easy to operate, just get water flowing around, we have this hydraulic
engineer's dream with - how much is it? What's the cost of all the guts of
this thing? -the electronic and hydraulic guts, it's like over a million
dollars just inside...
Commissioner Plumper: Oh, three and a half.
Mayor Suarez: But just inside it. You know, it would be very helpful if you
support this Commission's effort to sort of bring it into a reasonable project
and not end up with something that costs over $3,000,000 to build and
incredible amounts of money to operate.
Vice Mayor Dawkins: And the next time...
Mayor Suarez: And doesn't look good even when it's being operated. I'm
sorry.
Vice Mayor Dawkins: The next time somebody up in these Commissioners, we may
have Commissioners who will listen to J.L. Plummer and Miller Dawkins who said
from day one that 30 to 50 million dollars (30,000,000 to $50,000,000) was too
much to put in a park. Nobody listened to me and J.L. Plummer. We also
said - and put it in the records - that they were going to build, was that
J.L. Plummer? -a prototype. They spent a half a million dollars of your money
to build a prototype and I asked them, what was a prototype pool to show that
a pool will work. Now, they spent the half a million dollars the pool, and
the pool does not work.
Commissioner Plummer: No, no, no. Just for the record, let's don't make any
mistakes. The pool, the fountain cost the taxpayers 3.2 million dollars
($3,200,000).
Commissioner Alonso: Oh, it was nothing.
Commissioner Plummer: Not the City, it's well...
Mayor Suarez: I'm glad you used the term prototype.
Vice Mayor Dawkins: I pay federal tax too. Don't tell about the City.
Mayor Suc.rez: And the prototype, they first told us It a model, a three
dimensional model, which I assume would be like, you know, a Maquette, one of
177
September 27, 1990
a�i.ra.r _.—°__ ililll fillYl I. I '�III �I
those things. And it turned out to be a real live scale prototype. Anyhow,
it's all done, it's all there. We've got a fine Bayfront Park Management
Trust working and volunteering their time and trying to make it all work and
we appreciate the chairman being here and the Commission liaison...
Commissioner Plummer: I need a number regardless...
Mayor Suarez: We're getting to that, we're getting to that. I'll entertain a
motion on that one way or the other. We need a motion on that. It's
otherwise, not part of the budget at all is what you're saying.
Commissioner Plummer: No, it is part of the budget.
Mayor Suarez: You've built in what amount?
Commissioner Plummer: We have built in no amount, I gave you the regular
budget of the Bayfront Park. The Manager...
Mayor Suarez: No, I mean, part of the budget that we would otherwise approved
under whatever...
Commissioner Plummer: That's correct.
Mayor Suarez: Right.
Commissioner Plummer: There is a blank.
Mayor Suarez: There is a...
Commissioner Plummer: ...and that blank has to be filled in rather than us
recommending, I thought it was only proper and the Manager that this
Commission decide. It's a lot of money.
Mayor Suarez: OK, so I'll entertain a motion on it, so that we can move on to
the item that a lot of people are waiting for which has to do with feeding.
(APPLAUSE)
Mayor Suarez: OK. I'll entertain a motion on it.
Commissioner Plummer: Well, if nobody else wants to make a motion, I will.
Mayor Suarez: OK, please do.
Commissioner Plummer: I would not go for any more than the minimal.
Mayor Suarez: OK, which is...
Commissioner Plummer: Four hours.
Mayor Suarez: Four hours a day and it works out to be...
Commissioner Plummer: $210,249.
Mayor Suarez: OK, on that amount for running it a minimal amount of time, we
have a motion.
Vice Mayor Dawkins: I second the motion with the provision that you come up
with $200,000 for the City parks.
Mayor Suarez: So moved and seconded with...
Vice Mayor Dawkins: Proviso.
Mayor Suarez: ...an additional proviso...
Vice Mayor Dawkins: That you come up with $400,000 and $200,000 to go to the
most needy.
Mayor Suarez: For operations, right?
Vice Mayor Dawkins: Yes.
178
.,,r r!
September 27, 1990
(APPLAUSE)
4
Mayor Suarez: Not capital, because we want to - Mariano knows about it and
all of your know about it, we have an 8.3 million dollar parks improvement
program on the way. We don't want people to confuse one with the other.
Commissioner Plummer: Well, you know, here again, the Manager is saying he
ain't got the money and I guess that we'd better remember where the priorities
are.
Vice Mayor Dawkins: That's right, any my priority is the inner City pools,
not the fountain.
Commissioner Plummer: OK, hey, listen, if it was possible to drain the pool,
I will tell you, I would drain it. If that was possible. OK?
Commissioner De Yurre: Let me ask this, the Arts in Public Places money...
Vice Mayor Dawkins: And I understand what you're saying, J.L., that we have
to run the pool in order to keep it from deteriorating. But 1 also got to
have some place for my kids to play so they won't be smoking drugs.
Commissioner Plummer: I don't disagree with you.
Commissioner De Yurre: Cesar. Mr. Manager, the Arts in Public Places
funding, could any of that be used to run the fountain?
Mr. Odio: You mean the County's Art in Public Places?
Commissioner Plummer: They designate. It's their board.
Mr. Odio: They wouldn't.
Commissioner Alonso: This is new and it's
Commissioner Plummer: They won't even paint a building. You know they're not
going to run a fountain.
Mr. Odio: They will not.
Commissioner Alonso: They might as well.
Commissioner De Yurre: How much money do they have?
Commissioner Plummer: Art in Public Places, one and a half percent of all new
construction.
Commissioner De Yurre: That's a lot of dollars.
Commissioner Plummer: That's right.
Commissioner Alonso: It certainly is.
Mr. Odio: Well, I'm beginning to like the credit card idea better and better.
Let somebody...
Commissioner Plummer: Hey, I want to tell you, you know, I'll even make a
pledge to you at this point. That if we are able to secure private money, we
would reduce the City's operation first before we gave any additional hours.
Commissioner De Yurre: Well, let me make a suggestion. How much money, on
the average, gets donated? - and we were talking about this today earlier,
gets donated through developers and so on and so forth, for different programs
in the City? -on the average? Like, how much money did we get last year?
Mr. Odio: We got a lot of black olive trees, but not all green stuff, not
dollars.
Commissioner De Yurre: No, every so often, they donate five and ten thousand
dollars.
179
September 27, 1990
Mr. Sergio Rodriguez: In relation to the zoning cases, between five and ten
thousand, depending.
Commissioner De Yurre: Well, how much does that add up to in a year?
Mr. Rodriguez: It varies on the number, let us say a year. Give or take...
Mr. Odio: Can we use that to run the water fountain there?
Mr. Rodriguez: But we....
Commissioner Plummer: But, you've already committed.
Mayor Suarez: Commissioner Alonso, wait, Commissioner Alonso....
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Oh, OK, all right, at some point we may have an offer of a
certain amount of money to operate it, in which case we can certainly...
Commissioner Plummer: Well, I have pledged to you that if, in fact, we get
private money, the City's involvement would be reduced first...
Mayor Suarez: No, right, I understand, but I thought we had a specific one we
could announce and we'd have a certain number of months of operation. If not,
unless I hear another motion, we're going to have to... well, you don't accept
his amendment so...
Commissioner Plummer: No, I accept his amendment, but I'm just saying, I
think it's impossible, the Manager is not going to find the money.
Mayor Suarez: OK, that's certainly a fair statement.
Commissioner Plummer: I accepted...
Mayor Suarez: But, we can either vote on something that probably will not be
feasible or not vote at all, or have a new motion, or go home. And I like the
last of those items.
Commissioner De Yurre: Do we have any money left over from this year's
budget?
Mr. Odio: Left over from this year?
Commissioner De Yurre: From this year's budget.
Mr. Odio: Commissioner, 1 didn't think you would joke at this time of night.
We got one day left on this budget and then we got any money left.
Commissioner Alonso: Oh, my God. If we find the money from developers,
different projects, we can use the money.
Mr. Odio: That's fine, turn on the thing.
Mayor Suarez: Absolutely.
Mr. Odio: Sure.
Commissioner Alonso: To pay for four hours.
Mayor Suarez: Absolutely.
Commissioner Alonso: Can we make a motion that says, if we find...
Commissioner Plummer: I've already made that pledge to you and I'll make it a
part of the motion.
Commissioner Alonso: OK?
Mr. Odio: If you find the money, you turn on the fountain.
Commissioner Plummer: No, no, no. If we get money from the private sector...
180 September 27, 1990
Mr. Odio: I didn't...
Mayor Suarez: The motion, as stated, is that it would reduce the City's
commitment to the extent that we have contributions from the private sector.
Commissioner Plummer: That's correct.
Mayor Suarez: The Commission is proposing a motion that would say, we don't
turn it on until we find the commitments from the private sector. So either
way, let's vote, please.
Commissioner Plummer: Let me also put a word of caution on the record, Mr.
Mayor. The administration has saddled us with eight additional acres which we
have never had before, which is the south end of the park..
Commissioner De Yurre: The south end, um hum.
Commissioner Plummer: And the Manager has refused to give us any more money
than he gave us last year with eight additional acres to take care of. I'm
saying to you, I'm putting that on the record that this authority might have
to come back and talk to you all again. But I'm just saying...
Mayor Suarez: OK, we're...
Commissioner Plummer: ...that we accepted that and we will try our damnedest
to assume the additional obligation any way humanly possible. But I'm
cautioning you there might be a return visit.
Mayor Suarez: All right, we have a motion and a second. It's been accepted.
Obviously, a conditional motion and we'll vote on that at this point unless
there's any further discussion. I'm not really inclined to accept any further
because we have two or three other items to get rid of tonight.
Commissioner De Yurre: What is the motion?
Mayor Suarez: The motion is that we allocate the approximately $200,00 for
the minimal operation of the fountain so long as we find an equal amount for
operation of other parks in the inner City or in the rest of the City, all of
which is the inner City. If that money isn't found, obviously, the motion has
no effect. OK? So moved and seconded.
Commissioner Plummer: Well, wait a minute, whoa, no.
Mayor Suarez: No?
Commissioner Plummer: If that money is not found, there is no effect. What
do I do on Monday?
Mayor Suarez: Turn it off.
Mr. Odio: You turn off the water.
Commissioner Plummer: I turn it off on Monday?
Vice Mayor Dawkins: Call Florida Power & Light and tell them to cut the
power.
Commissioner Plummer.: OK, so on Monday we cut the fountain off until the
Manager has found at least $400,000.
Mayor Suarez: If the motion passes, that's the way I understand it.
Commissioner Alonso: We ask the Florida Power & Light to keep it running and
help the City for a period of time.
Mr. Odio: You better start pushing some grease on that tub because....
Mr. Ira Katz: Commissioner Plummer, as you're aware, the fountain, of course,
if we turn it off for a long time, meaning more than seven to ten days, we'd
face some very serious restart cost.
181 September 27, 1990
Commissioner Plummer: I understand that and I've tried to convey that.
Commissioner De Yurre: Listen, talk to FP &L, we'll put their name on it and
let them run it for free.
Mr. Odio: We have.
Commissioner Plummer: We're working on that.
Mayor Suarez: We have been talking to utilities about possibly adopting the
fountain and removing it and taking it to their place of business, but just
running it, operating it, adopting it in that sense and I don't know how far
those conversations have gone, but we have a motion and a second and I'm
inclined to just call the roll.
Commissioner De Yurre: Go ahead, call it.
Mayor Suarez: We got a little conferring here, who knows? -maybe we got
something interesting happening.
Commissioner Plummer: All right, so in other words... can I beg the
indulgence of this Commission to at least give us 60 -days?
Mayor Suarez: Sixty days? OK, we have a substitute motion. You withdraw
your motion and I presume the second is...
Vice Mayor Dawkins: I'll accept the motion and then my part of the motion
kick in in 60 -days.
Commissioner Plummer: Sixty days in which to get the money.
Mayor Suarez: Very good.
Commissioner Plummer: OK.
Commissioner Alonso: Sixty days is fine.
Mayor Suarez: All right.
Vice Mayor Dawkins: Give them 60 -days.
Commissioner Plummer: That's fine.
Commissioner Alonso: Yes.
Mayor Suarez: And 60 -days to try to identify the other two hundred thousand.
Commissioner Alonso: In sixty days, we'll find the money.
Mayor Suarez: And we only are approving then 60 days out of 360 times the two
hundred some thousand dollars, to be clear for expenditure and operation of
that fountain.
Commissioner Plummer: The mayor problem is electricity.
Mayor Suarez: So moved and seconded. It should be a sixth. I was going to
say, about a sixth, it is a sixth.
Commissioner Plummer: All right, in other words then, let's understand that
if in 30 to 40 days the Manager cannot live up to the motion, he would come
back and make this Commission aware of it.
Mayor Suarez: Yes, absolutely. We got to start stopping the fountain at that
point. All right, so moved and seconded. We've understood it as well. We've
hashed it and rehashed it and then...
Vice Mayor Dawkins: But when you come back after the 60 days, you find double
money.
Commissioner Plummer: I understand that.
Mr. Odio: I'll start greasing the fountain today.
182 September 27, 1990
JL..ILLIJ .L.all A J. il.111.ILL ..11 I . _ —
Mayor Suarez: Please. It gets worse if you don't let him speak. Yes.
Commissioner Plummer: Of this total budget, I think the Commission should be
aware. A hundred and sixty, a hundred and seventy thousand dollars of that
money is electricity. Just wanted you to know that.
- Mayor Suarez: Yes, a lot of it is power. All right, call the roll real
Commissioner Plummer: Mr. Mayor, may I...
Mayor Suarez: Yes?
Commissioner Plummer: Just for the record.
quick.
AYES:
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
Mayor Suarez: All right, whatever the hell that means. I mean, whatever that
means. All right, we have a motion and a second. Any further discussion? If
not, please call the roll real fast.
MOTION NO. 90 -737
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
OPERATE THE CLAUDE PEPPER FOUNTAIN IN BAYFRONT PARK UP
TO FOUR HOURS A DAY AT A COST OF $210,249 PER YEAR;
FURTHER GIVING THE CITY MANAGER 60 DAYS IN ORDER TO
IDENTIFY $200,000 TO BE ALLOCATED TO THE MOST NEEDY
INNER CITY PARKS.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
NOES: Commissioner Victor De Yurre
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Alonso: First time for the fountain, yes.
Commissioner De Yurre: I'm going to vote no because the City Manager says
that the money isn't there, so I'll have to say no.
55. SECOND READING ORDINANCE: DEFINE AND DESIGNATE TERRITORIAL LIMITS OF THE
CITY OF MIAMI - FIX MILLAGE AND LEVY TAXES FOR FY OCTOBER 1, 1990 -
SEPTEMBER 30, 1991.
Mayor Suarez: On the rest of item 19, I'll entertain a motion. What is the
item that we have to take?
Mr. Jorge Fernandez: It's really number twenty, Mr. Mayor.
Mayor Suarez: All right, number 20, I'll entertain a motion on the millage
rate for the City. We know that it's the same as last year for the operating
and for debt service also the same as last year. I'll entertain a motion on
it.
Commissioner Plummer: I'll move it.
183 September 27, 1990
AN ORDINANCE DEFINING AND DESIGNATING THE TERRITORIAL
LIMITS FOR THE CITY OF MIAMI FOR THE PURPOSE OF
TAXATION; FIXING THE MILLAGE AND LEVYING TAXES IN THE
CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 1990, AND ENDING SEPTEMBER 30, 1991;
CONTAINING A SEVERABILITY CLAUSE.
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10793.
Mayor Suarez: So moved as to the appropriations.
Commissioner De Yurre: Second.
Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance.
Mayor Suarez: Moved. Somebody second, please. I second the motion - it's
all yours - on the millage rate.
Vice Mayor Dawkins: Any discussion? Hearing none, call the roll.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY
TITLE ONLY.
Mayor Suarez: Call the roll, quick.
AN ORDINANCE -
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 Mayor Suarez, 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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
The City Attorney read the ordinance in its entirety into the public
record and announced that copies were available to the members of the City
Commission and to the public.
56. SECOND READING ORDINANCE: MAKE APPROPRIATIONS FOR FY ENDING SEPTEMBER
30, 1991 (CITY OF MIAMI).
Mayor Suarez: On a companion item 21 and then we'll get on to the item of the
feeding before we do the rest of the agency budgets.
Commissioner Plummer: But we're going to do DDA, right?
Commissioner Alonso: Yes, we will.
Mayor Suarez: I would strongly suggest that we do the other item first.
Commissioner Plummer: Oh, yes!
(APPLAUSE)
Mayor Suarez: He can stay here, he's not going to go anywhere without his
budget. And I'm referring to the executive director of the DDA.
Commissioner Plummer: I'll move 21.
184 September 27, 1990
Mr. Fernandez: An ordinance... has it been seconded, Mr. Mayor?
Mayor Suarez: Yes, Vice Mayor.
Commissioner Plummer: Call the roll.
Mayor Suarez: Call the roll.
AN ORDINANCE -
AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 1991; 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 Plummer, seconded by Commissioner Dawkins, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES:
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier. L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10794.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
57. AUTHORIZE ISSUANCE OF CITY OF MIAMI TAX ANTICIPATION NOTES, SERIES 1990
($15,000,000), TO MEET CASH FLOW REQUIREMENTS FOR FISCAL YEAR ENDING
SEPTEMBER 30, 1991.
Vice Mayor Dawkins: Twenty -two, move it.
Commissioner Plummer: No...
Mayor Suarez: I'm going to take up the item at this point that we had
promised for 7 :00 p.m. Item 30 will be taken up too. It is a borrowing
mechanism that we use to be able to run the City while taxes come in. I'm
sure it won't be any problem, if you want to vote on it right now.
Commissioner De Yurre: Move it.
Mayor Suarez: Moved.
Commissioner Plummer: Thirty?
Commissioner De Yurre: Second.
Commissioner Alonso: Which one?
Mayor Suarez: Thirty.
Commissioner De Yurre: Second.
Mayor Suarez: It's been moved.
Commissioner Plummer: Second.
--tee. " arlial °'"""""" 1iiulni uM11111i Tu 11.1 111.11111.1 11
185
September 27, 1990
RESOLUTION NO. 90 -738
Mayor Suarez: Seconded. Are you aware of it, all Commissioners have been
advised of it, I'm sure. If there's no problems with it and if there's no
further discussion.
Vice Mayor Dawkins: On one...
Mayor Suarez: Vice Mayor Dawkins.
Mr. Odio: Yes.
Vice Mayor Dawkins: This money will be paid out in one year?
Mr. Odio: Oh, yes, sir. In fact, we made money out of this last year. We
made money out of it.
Mayor Suarez: The old arbitrage factor.
Mr. Odio: Arbitrage.
Vice Mayor Dawkins: This is not one of these deals where I'm going to be
refinancing it?
Mr. Odio: No, sir. No, sir. This is a one shot.
Vice Mayor Dawkins: All right, because I don't plan to refinance this.
Mr. Odio: No, no, no. This is a one shot...
Mayor Suarez: OK.
Vice Mayor Dawkins: OK, all right, OK.
Mayor Suarez: So moved and seconded so we can provide the cash flow necessary
to operate the City. Any further discussion? If not, please call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
A RESOLUTION WITH EXHIBIT "A" ATTACHED OF THE CITY
COMMISSION OF THE CITY OF MIAMI, FLORIDA AUTHORIZING
THE ISSUANCE OF NOT TO EXCEED $15,000,000 IN AGGREGATE
PRINCIPAL AMOUNT OF THE CITY OF MIAMI, FLORIDA TAX
ANTICIPATION NOTES, SERIES 1990 FOR THE PURPOSE OF
MEETING CERTAIN OF THE CITY'S CASH FLOW REQUIREMENTS
FOR THE FISCAL. YEAR ENDING SEPTEMBER 30, 1991;
APPROVING THE FORM OF THE NOTES; PROVIDING FOR THE
RIGHTS AND SECURITY OF ALL NOT HOLDERS PURSUANT TO
THIS RESOLUTION; APPOINTING A PAYING AGENT FOR THE
NOTES; AUTHORIZING THE PAYING AGENT TO TAKE ACTION
NECESSARY TO QUALIFY THE NOTES FOR DEPOSIT WITH THE
DEPOSITORY TRUST COMPANY; AUTHORIZING THE NEGOTIATED
SALE OF THE NOTES; APPROVING THE FORM, EXECUTION AND
DELIVERY OF A NOTE PURCHASE AGREEMENT TO EFFECT THE
NEGOTIATED SALE OF THE NOTES; APPROVING THE FORM AND
DISTRIBUTION OF A PRELIMINARY OFFERING MEMORANDUM;
APPROVING THE FORM AND EXECUTION OF AN OFFERING
MEMORANDUM; AUTHORIZING THE CITY MANAGER ON BEHALF OF
THE CITY TO DETERMINE THE FINAL DETAILS OF THE NOTES
WITHIN THE PARAMETERS ESTABLISHED BY THIS RESOLUTION;
AUTHORIZING THE MAYOR OR VICE MAYOR TO EXECUTE FINAL
NOTE PURCHASE AGREEMENT CONSISTENT WITH THE FINAL
DETAILS; AUTHORIZING OTHER OFFICERS OF THE CITY TO
TAKE ALL OTHER ACTIONS NECESSARY IN CONNECTION WITH
THE ISSUANCE OF THE NOTES; AND PROVIDING FOR AN
EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
186 September 27, 1990
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES:
NOES: None.
ABSENT: None.
Mr. Guillermo Olmedillo: PZ -25.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: Yes?
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
58. BRIEF COMMENTS BY COMMISSIONER PLUMMER COMMENDING THE ADMINISTRATION FOR
ITS HARD WORK AND DEDICATION DURING PREPARATION OF THE FY 1990 -91
BUDGET.
Mayor Suarez: What's the item? What's the number of the item on the
ordinance, supposed ordinance, that would constrain the rights of churches and
other institutions to feed the homeless?
Commissioner Plummer: I think it would be appropriate that we make note that
the City Manager and the Budget Department of the City of Miami have done an
excellent job this year. They are operating on the same millage that they
operated on last year and I, for one, want to say, thank you, it's been a
rough and tough but they have made it and they have made it to all of our
satisfaction. I move.
(APPLAUSE)
Commissioner Plummer: Now, about my staff.
[NOTE: AT THIS POINT, THE CITY COMMISSION RESUMES
CONSIDERATION OF THE PLANNING AND ZONING PORTION OF
THE AGENDA.]
59. (Continued Discussion) REVERSE ZONING BOARD'S DECISION TO UPHOLD
PLANNING DIRECTOR'S GRANTING OF SPECIAL EXCEPTION TO ALLOW MEALS
(HOMELESS FEEDING) TO BE SERVED FREE AT A HOUSE OF WORSHIP (CHURCH) WITH
AN ASSEMBLY HALL, WHEN LOCATED IN CR -1 ZONING DISTRICT (See label 8).
Commissioner De Yurre: We're going to get into this item now?
Mayor Suarez: Yes, Commissioner De Yurre, I think, may want to say something.
I thought I heard this morning, at least one Commissioner express certain
reservations about the wisdom of the City restraining the feeding of the
homeless by churches. If the rest of the Commission feels equally that way,
what I would like to do is to come up with a solution very quickly that we
think is acceptable to the homeless advocates and not hear individually from
all of you so that we can all go home and you can all go home. And
obviously...
Commissioner Plummer: Can I give you a suggestion?
187
September 27, 1990
Mayor Suarez: Yes. Obviously, some people might want to be heard against
whatever we propose, but until you hear what we propose, please claim the
right to speak because it may be unnecessary and we have a saying around here
about momentum, you know. When it's on your side, you don't want to buck it
because you sometimes can lose. Not to mention just out of pity and
compassion to us who are almost homeless after the end of today. Yes,
Commissioner De Yurre had asked for...
Commissioner De Yurre: When I was reading, in fact, in the newspaper of the
breakdown of paying up to maybe $1,400 for a permit to feed people, you know,
to me it was mind boggling. And I don't know how they came up with these
figures or what was the concept behind it. But certainly, we have to
understand the situations that are faced nowadays about feeding and helping
the homeless and those that need to be fed and children and all of that.
Government can't do it. We need the assistance of the private sector. By the
same token, we have to understand the needs and concerns of the neighborhoods
because that is important. Those are the ones that pay the bulk, if not all
our taxes and certainly they have say in this matter. And I feel that there
has to be a middle ground wherein both groups are sensitive about each others'
needs. And if we're talking about understanding each other and what those
needs are, then there is no need for the City to police it. We shouldn't have
to step into, government shouldn't have to step in and get involved in this
effort. My understanding is that this ordinance goes into, in fact,
interfering with basic concepts as Sunday feeding, one day feeding. I don't
know if it goes as far as church events...
Mr. Sergio Rodriguez: No.
Commissioner De Yurre: ... a party that you may have there or not.
Mr. Rodriguez: No.
Commissioner De Yurre: If we're talking about and understanding the
community, understanding the needs of the neighborhood, and trying not to
create more than what the basic function of a church is to aid those in need,
those that within your area, let each church take care of their own, then
there's no way that we can have a Camillus House concept because you're only
dealing with your own, you're not bringing in from all over the place and that
is where the neighbors have a problem. And if we're talking about being in
that spirit, then I have no problem just going ahead and saying, you all know
what the concerns are, the community. Be sensitive to it and be gone. And,
hopefully, everybody, being sensitive in that nature then it wouldn't have to
come back to us. But if you're not sensitive, then it will come back to us,
we will have to deal with the issue. So, right now...
Mayor Suarez: Is that an area that we feel very comfortable trying to
regulate because anything that we do creates problems for an important
function of society as a whole, if not government. And I think you've stated
it very well, Commissioner.
Commissioner Plummer: Let me tell you my area of concern and it's the same
area of concern that I've had in the past for other obligations. I think it
is totally unfair to the citizens of the City of Miami, the taxpayers, that
all or 90 percent of this activity is taking place in the City and nowhere
else. There is not one of these feeding places in Coral Gables. There is not
one of them in any of the big, what we would refer to as elite areas of this
community, and I don't think that it's fair that we should have to be saddled
with 90 percent of the problem. Now, there's 27 municipalities that make up
this great community called the County of Dade and I think that some way or
another, that we've all got to share the problem. That not one city should be
forced to share - not share - to almost assimilate the entire burden. What I
would like to do, and I spoke with the people that came to my office, I would
like to defer this ordinance for six months and give the Miami Coalition the
opportunity to try and be a nucleus, coordinating committee that they can
bring some realization and some good common sense to this problem. To bring
it back up before this Commission in six months, have the Miami Coalition come
back to us and say to us, here's what we've done. We can say great, you've
done a great job and we don't need to go any further or we maybe would think
differently. But I would like to see is this ordinance delayed for at least
six months and give them that opportunity.
188
September 27, 1990
Mayor Suarez: If the Commission were inclined to defer it forever and ever
and ever, which is my particular inclination, it would not really have a
different effect from what Commissioner Plummer is suggesting because he could
always ask for it to, as any Commissioner could, to be reviewed, the status
reviewed in six months. So, I wouldn't really pick a bone with that. I mean,
let me say one other thing. The Camillus House example, in a sense, is wrong.
What the churches are doing, and we hope in a more and more decentralized and
discreet fashion in the various neighborhoods where homeless and needy people
are found, actually remedies the sort of centralized Camillus House situation.
And the Coalition has been sponsoring and promoting that decentralization
effort. It is also a lot more charitable way of doing it than having 600
people waiting to be fed the next day and lying in the streets to have a
higher ratio of people giving the food and, hopefully, referral, and hopefully
counseling and, hopefully, trying to direct people into productive endeavors.
And to the extent they need counseling and treatment giving that too. So, to
me, it is the ideal way, what you're doing, and it actually helps us solve a
little bit of what Camillus House has created by way of a problem in downtown.
And so to me, it has every benefit. But, I don't think that we ought to have
a problem with the idea of reviewing it in six months. I don't think...
Commissioner Plummer: Mr. Mayor, I would hope that the Miami Coalition would,
in fact, have the ability to go to Coral Gables and have a church that will
sponsor a food program in Coral Gables. I think they should have a church in
El Portal, I think they ought to have a church in Golden Beach, that
everywhere, as long as we are sharing the wealth, we should share the
responsibility.
Mayor Suarez: By the way, we're going to have a lot of cars available,
because we had this motion before, that City employees, to get a car to take
home, must live in the City, and a lot of them are not going to be able to
comply with us. We're going to have a lot of cars to take people around, so.
Unidentified Speaker: We'll take them, Mayor.
Mayor Suarez: You're going to take the cars, right? All right,
Commissioners, frankly, and...
Commissioner De Yurre: You have a motion? He's got a motion, I'll second it.
That's fine.
Mayor Suarez: Yes. Let's do it in the form of a motion. Deferring action,
does that put us where we think we're going? In other words, having
absolutely no regulation of this process. Is that correct?
Mr. Rodriguez: I'm concerned that by doing that, you're leaving everything in
limbo, and then the position that I took before, as in my determination, will
stay. And I think...
Mayor Suarez: No, no, no.
Mr. Rodriguez: And that's not what you want to do.
Mayor Suarez: We want to make sure we undo your determination.
Mr. Rodriguez: That's not what you want to do, so if you want to go against
that, you might have to get legal counsel. I believe that you might have to
reverse my decision.
Mayor Suarez: Yes. OK.
appropriate...
Commissioner Plummer: OK. Would it be appropriate if we put a moratorium on
no new centers until we review in six months? (NO! NO!)
Mayor Suarez: I think the question was directed at the Commission.
Commissioner Plummer: No. I wasn't really asking of the public, I'm asking
of the man here that made the proposal originally.
189
September 27, 1990
Commissioner Plummer: Well let me ask this question then. Would it be
Mr. Rodriguez: Excuse me. The zoning board position of...
Unidentified Speaker: Could we cast the votes?
Mayor Suarez: Commissioners, depending on where we go, we will allow
speakers, but if we're going to do pretty much what the great majority wants
us to do, there is no reason to have all kinds of presentations. As attorney,
Marty Fine, knows quite well. So, what is your pleasure? I think I've stated
my views pretty clearly.
Commissioner De Yurre: Mr. Mayor, whatever it... my position is that we are
dealing with adults, they know what the issues are, let them deal with it and
if not, they know we're going to be here again some other day.
Mayor Suarez: Yes, we certainly... if you make that into a form of a motion
and if the City Attorney gives it proper form, so that we undo the Zoning
Director's, and the Zoning Board's action, or is just...
Mr. Rodriguez: Give me one second to discuss this with the...
Mayor Suarez: OK. But, wait, wait. We also can build in, at least in
principle, what Commissioner Plummer is talking about, that we strongly urge
on a voluntary basis, the churches to continue decentralizing this, take it to
all the neighborhoods in the City, involve all the neighbors in Dade County.
Please be mindful of the fact that the inner -city has every possible problem,
and need, and concentration of halfway houses. We have an area of the City of
Miami called Wynwood, where we have the highest concentration of halfway house
and Edgewater...
Commissioner Plummer: No.
Commissioner Alonso: Edgewater?
Mayor Suarez: ... of any part... Edgewater, more than Wynwood actually...
Commissioner Plummer: It's around Notredame and
Mayor Suarez: ... of any part of the County, or maybe the entire country.
Allapattah is not doing too well in that sense. We have more jails, we have
more facilities for treatment of people, we have Charlie houses, and we see
other neighbors that don't really contribute their fair share of this kind of
service to the citizens, and it is really an unfair burden of the citizens of
Miami. It is one that you are not adding to, I think, you are helping to
ease, but to the extent that we can build into the motion, the additional
exhortation that you work even harder to decentralize this, and to take it to
all the communities in Dade County, you'll be doing a great service to the
homeless and to the City of Miami.
Vice Mayor Dawkins: Mr. Mayor.
Mayor Suarez: Yes.
Vice Mayor Dawkins: I will... me, and my neighbors will not be back here in
six months. My neighbors have knocked on my door and explained to me that,
that on the other side of the sidewalk belong to the City of Miami. That, on
the side of the sidewalk where the church was, was the church's property, and
as their property, they were going to do what they wanted to do with it. So,
I don't think...
Commissioner De Yurre: That was your wife, wasn't it?
(APPLAUSE)
Vice Mayor Dawkins: Always a kill joy in the crowd. So, therefore, you don't
have to worry about seeing us, back here.
Mayor Suarez: All right, I take it then that the movant and the Vice Mayor
seconding, want to make this an indefinite duration or basically, just
eliminate and abolish at this particular point in time, something can always
come up in the future, the finding of the zoning administrator?
Unidentified Speaker: Planning Director.
190 September 27, 1990
MEM
Mr. Rodriguez: No. The decision...
Mr. Rodriguez: OK.
Mayor Suarez: Give it the proper legal form please. Don't confuse
everything.
Commissioner De Yurre: May he never be homeless.
Commissioner Plummer: Excuse me. If you deny, and these needs to come back,
you'd have to go through the process again. Just continue and defer it.
Mr. Rodriguez: The decision of the planning director that was upheld by the
Zoning Board. And I think what you're doing with the opposition is basically,
going against that position today.
Mayor Suarez: OK. We deny that, and then those regulations do not apply.
Mr. Rodriguez: Those regulations will not apply, and then in six months we
will come back, or they will come back...
Mayor Suarez: There has been no indication at this point, that there is a
consensus behind the idea of coming back in six months although, like again,
it can always happen.
Commissioner De Yurre: But, Mr. Mayor, it doesn't have to be six months,
maybe four months.
Vice Mayor Dawkins: Can I say this, Mr. Mayor?
Mayor Suarez: Yes, Vice Mayor.
Vice Mayor Dawkins: Is it proper Mr. City Attorney, to say that the zoning
administrator made a decision on the information that he had at hand, and at
some time later, the City Commission was presented other information, and with
that information, the City Commission made a decision that reversed the
decision made by the City...
Mr. Rodriguez: Planning director.
Vice Mayor Dawkins: ... guy with the information he had?
(APPLAUSE, WHISTLE)
Mayor Suarez: That's correct, and it puts in proper perspective too, the
efforts of the... you could whistle pretty loud. Don't get me going on that,
I bet... we'll try it afterwards. I'll be outside and I'll out - whistle you
if you want to try that, but I'm not going to do that. Please, please, we've
heard, and we even agree with so you don't have to say anything. And it's
fair to the Zoning Department, to the zoning director, who himself is someone
more involved in a lot of these acts of charity or justice, depending on how
you look at it, than a lot of people might know. So, we appreciate you making
that statement, Mr. Vice Mayor, because they have worked awfully hard, and
they were doing what they thought the code required them to do. So, we have a
motion and a second I think, it is for reversal of the zoning director's
determination, and returning back to a sort of a state of nature here, if you
want to look at it that way, of the whole issue of feeding the homeless by
churches. And I understand that hopefully, that has a correct legal tonality
to it, and so understood, we have a motion and a second. Any discussion? If
not, please the roll.
Commissioner Plummer: No. I...
Mayor Suarez: Yes.
Commissioner Plummer: You're taking out the six month's review?
Mayor Suarez: Yes.
Commissioner Plummer: All right.
191
September 27, 1990
•
Mayor Suarez: Although, again, a Commissioner can always ask for a matter to
be taken up, anytime.
JM
Commissioner Plummer: Then let me understand, just so we understand for the
record. We, this Commission, is the one who asked the Zoning Board to come up
with some rules and regulations. As I understand it then, tomorrow morning,
they could re -apply in the area where this problem was created, and they could
in fact, start serving there tomorrow, without any rules or regulations. Is
that correct?
Mr. Rodriguez: Right.
Ms. Miriam Maer: That's correct.
its
Commissioner Plummer: And that's what this Commission wants? OK. I just
want to get it clear.
Commissioner De Yurre: No. Is that... we are talking... I want to understand
what my position is, and not if we come back in October. My position is that
churches can continue to provide, like they have provided in the past. I
don't want to see no one hundred or two hundred daily feeding place opening
up, because I'm not going to put up with it.
Mayor Suarez: We have many, many ways... there are many, many ways in our
code to combat anyone who any entity, church, or otherwise, that begins to
establish a system that, as the Commissioner has described, I would caution
you on that, and I have a feeling we could find ways to deal with that. So,
please cooperate with us in the interpretation of this as...
Vice Mayor Dawkins: I don't think there's any church out there, and I'd say
this honestly, that has the resources to feed two hundred people a day. I
mean, we just don't have it. There are some who could feed ten a day, there
are some who could feed fifty, but two hundred meals a day for seven days a
week is fourteen hundred meals. And when you're talking about a minimum of
five dollars per meal, we just don't have. So, I don't, personally, I don't
think that's going to happen.
Mayor Suarez: About the only entity that has been known to do that on a daily
basis has been Camillus House. All right. Anyhow, we have a motion and a
second.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: Commission Plummer.
Commissioner Plummer: For the record, sir. I am in favor of everything that
has been said. I cannot vote with a motion if it doesn't have a review, just
a review. I think that the people, the public come up and demanded that this
Commission do something, and that's why we turned it over to the
administration. And I'm saying to you, I would like to vote for the motion to
help out, but without a six month review, I cannot do it. I think a six month
review is going to hold a certain amount of clout over the Miami coalition to
really go at it in a way that they need to do.
Commissioner Alonso: It seems reasonable.
Vice Mayor Dawkins: Call the roll.
Mayor Suarez: OK. Wait a minute. I am about to close off debate. It's 9 :02
p.m.
Commissioner De Yurre: Let ine just add, Mr. Mayor, that the six month review,
we really don't need it because if something happens, we may be back here in a
month. You know, why wait six months. If something happens, we're going to
be right back here again, and that's it.
Mayor Suarez: I thought that had been clarified enough, but maybe one more
time doesn't hurt. OK, Commissioner. Alonso.
Commissioner Alonso: Yes. I have a question. If tomorrow, they go and ask
again for the same place, or any other neighborhood.
192 September 27, 1990
IIII- Ill it Il lhlil i - - -
Commissioner Alonso: Well, I want them to understand that if we vote with
this motion, and this is approved, it's because we are giving to all of you a
great degree of confidence. If you come up with this, and someone comes
tomorrow and ask us to open, I'll ask the Mayor to call on an emergency
meeting, and put a strict regulation on this. Because the City of Miami, and
the tax payers of the City of Miami cannot be the only people in Dade County
to be burdened with this problem. I think it has to be the entire Dade
County. By the way, I am very much in favor of helping the homeless, but
something that has been called to my attention, and is... most of the letters
of the people supporting this, have been people living outside Miami. So, we
have to be very careful that the people of Miami will not be the ones
ZZE
suffering with the situation. So, I encourage all of you...
small
INAUDIBLE STATEMENT NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Please, please.
Fn
Commissioner Plummer: They can do it.
Commissioner Alonso: They can open it, and it's nothing this Commission can
do. Right?
Mr. Rodriguez: Right. That's correct.
Commissioner Plummer: Back to ground one.
Commissioner Alonso: ... to go back to your churches, synagogues, and also to
talk to rescue missions, so that we don't have the problem. Because then, you
should know quite well, at least for this Commissioner, I'm going to be asking
the Mayor for an emergency meeting to put very strict regulations. So, we
give you a vote of confidence tonight, and I hope that's what this Commission
is going to do, but believe me, work with us on this so that we can live in a
normal society. And Miami, is not the only place that has to suffer the
consequences.
Mayor Suarez: OK. Thank you for your statement. I am going to allow,
because you've been standing at the mike one minute, actually two minutes
under the code. Statement, Mariano.
Vice Mayor Dawkins: Mariano, I want to hear it.
Mr. Mariano Cruz: Mariano Cruz, 1227 NW 25th Street, address of the City of
Miami. I am not against feeding the homeless because I am going to quote,
because the quote here sometimes, they quote Matthew 25, about... because for
I was hungry, and you gave me food. Well, there is something else, too. It
says, I was a stranger and you welcome me. So it means, a stranger can go to
any neighborhood or there are many other things there. But we are very packed
in our neighborhood, and especially when the City start the problem with the
Miami Stadium and Beckman Hall. And not only do we have Beckman Hall there,
we've got on First on 37th, the old Rancho Morgan Motel that is there, the
place for the . I don't know, and I work Biscayne Park, El Portal,
Miami Shore, North Miami, I don't know of any of those churches, or cities, or
El Portal that have any problem. I mean, we don't have... that's not our
problem, that's not a problem of the City of Miami. Then everybody come now,
it's a City problem, and they come here asking for money. And the park
suffer, and the police suffer, and our service suffer. And you know, you go
now to Biscayne Park and they have a sign, City residents only.
Mayor Suarez: I just don't want you to get wound up on the issue of asking
for money, because that's not what they are asking for.
Mr. Cruz: I know they are not asking for money, but Mayor, you go to any
place, you go to Biscayne Park, Miami Shore, and to use the playground, you
have to be a city resident, there is a big sign there posted, and they even
ask for I.D in Miami Shores and Biscayne Park, marry places. And why should be
that, I don't know.
Mayor Suarez: Dark differentials for use of parks from residents and
nonresidents. I know Coral Gables has it.
Mr. Cruz: Right. I don't know, even in our own City of Miami, I don't know
of any problem in North Grove or South Grove, or any of them close to Coral
193
September 27, 1990
ao, _4 ..
Gables, but we have, not mentioning that, and mention most of the jails of
Dade County are in our place. And now, like the stay, the other was here.
You know how much money they spent at the South Florida Evaluation and
Treatment Center for the criminally insane at 7th and 22nd? That place have a
budget of fifty million dollars. And now you go and ask the State for a
million dollars, or five hundred thousand for a park, and they say there is no
money. But they got fifty million dollars budget a year at 7th and 22nd and
now they're asking for thirty -eight more units there. The other day, it was
approved here by the zoning, and they put it right there in Allapattah. I
mean, that's wrong. I'm not going to move out of there. I'm going to live
there and I'm going to stay, because I'm not a quitter. I stay, and I come
here, I do a lot of things and we do a lot cf things. My family here from the
park, from every place, but they come a lot, there are a lot of people that
say, not in my back yard. And that's wrong because, you get to be the people.
How many... I know...
Mayor Suarez: That's right. You can quote the other part of the Bible that
says, my house has many rooms, and Dade County has many communities where this
can be done.
Mr. Cruz: Right. That could be done. So, spread the boarding, we don't have
to just... Allapattah means City of Miami, especially Allapattah suffering.
You can go there to 11th Avenue, I mean, 13th Avenue and 21st Street where
they come with the wagons every night, and feed them, and the Old Santa Clara
Station, you can even go there in day time, I'm not afraid but my wife and my
children are afraid of using the station because they've got the amount of
people. They perceive there is danger there and I don't know really what they
mean. The City should be doing something, and the church.
Mayor Suarez: All right, Mariano, your time is up and I think, we've heard
from you over the years, and today, and otherwise...
Mr. Cruz: Well, OK. Combine it. My idea, everybody has to share, not us
only.
Mayor Suarez: That's exactly right. All right, we have a motion and a
second. Any discussion? If not, please call the roll.
Ms. Miriam Maer: Mr. Mayor.
Mayor Suarez: The motion is that we reverse the zoning director's
determination, and that's basically it. Technically, the interpretation of
that is that there are no regulations to this activity except other
regulations that may exist in the zoning code, and I warn you, there are other
regulations in the zoning code.
Ms. Maer: OK.
Mr. Rodriguez: And the other South Florida Building Code, and Health
Department's.
Mayor Suarez: And South Florida building code and what is the use of a
church, and so on. We're not going to a total state of nature just on the
particular issue that was interpreted by the zoning director. OK?
Mr. Maer: To be technical, if I may, Mr. Mayor, you are then moving to
reverse the Zoning Board which upheld the planning director's determination of
use.
Mayor Suarez: Very good. Thank you. So moved and second. Any discussion?
If not, please call the roll.
194
September 27, 1990
A RESOLUTION REVERSING THE DECISION OF THE ZONING
BOARD TO DENY THE APPEAL, THEREBY REVERSING THE
DETERMINATION OF USE OF THE PLANNING DIRECTOR, DATED
FEBRUARY 22, 1990, CONCERNING THE SERVING OF MEALS NOT
- PREPARED ON PREMISES AND FREE TO RECIPIENTS AT A HOUSE
OF WORSHIP WITH AN ASSEMBLY HALL, BY SPECIAL EXCEPTION
WHEN LOCATED IN THE CR -1 ZONING DISTRICT.
-.r
AYES:
RESOLUTION NO. 90 -739
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and
adopted by the following vote:
Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: For the reason so stated, it's unfortunate that I have
to vote, no.
COMMENTS DADE AFTER ROLL CALL:
Mayor Suarez: Thank you. Go and sin no more.
(APPLAUSE)
60. APPROVE FISCAL 1990 -91 ADMINISTRATIVE BUDGET OF THE MIAMI SPORTS AND
EXHIBITION AUTHORITY.
Commissioner De Yurre: Mr. Mayor, can we get the Sports Authority?
Vice Mayor Dawkins: Do it. Let's go. Move it. Hey, I move 12, 24 or
something.
Mayor Suarez: All right, thank you. We're going to do a couple of other
items.
Commissioner Plummer; No, it's after 9:00 p.m. I invoke the rule.
Vice Mayor Dawkins: OK. I move 12.
Commissioner De Yurre: Mr. Mayor, I move item 28, the Sports Exhibition
Authority budget.
Vice Mayor Dawkins: I second it.
Mayor Suarez: All right, item 28 is what?
195 September 27, 1990
Vice Mayor Dawkins: Over there, we have Renick in the hall. Renick, hold up
your hands so they can see you're here. Brother Renick, hold your hand up.
All right, there he is. OK.
Mayor Suarez: I think I saw Betsy Caplin back there too, a member of the
school board.
AYES:
NOES: None.
ABSENT: None.
Commissioner Plummer: Sports Authority.
Mayor Suarez: All right, item 28. All the fines, all the not so fines.
Commissioner Alonso: We need a homeless coordinator, so in order to get one
tonight, we better take 23.
Mayor Suarez: DDA, yes. OK. We have motion on the floor on the Sports and
Exhibition Authority Budget, which is item 28. Please, media, we ask you for
a couple of minutes.
Commissioner De Yurre: Call the roll.
Mayor Suarez: Is it seconded?
Commissioner De Yurre: All right, go ahead. Call the roll, it's seconded.
Commissioner Plummer: Yes, second.
Mayor Suarez: Call the roll on item 28. Please, priests, rabbis, prelates,
clergymen, friends, countrymen.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 90 -740
A RESOLUTION, WITH ATTACHMENT(S), APPROVING THE FISCAL
YEAR 1990 -91 ADMINISTRATIVE BUDGET OF THE MIAMI SPORTS
AND EXHIBITION AUTHORITY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and
adopted by the following vote:
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
61. SECOND READING ORDINANCE: DEFINE AND DESIGNATE TERRITORIAL LIMITS OF
THE DOWNTOWN DEVELOPMENT DISTRICT - FIX MILLAGE AND LEVY TAXES FOR FY
OCTOBER 1, 1990 - SEPTEMBER 30, 1991.
Mayor Suarez: We have the DDA Budget which is important, because of a
homeless coordinator, among other things.
Commissioner Alonso: Because of a homeless coordinator, otherwise, dead.
Vice Mayor Dawkins: Moved. DDA, I move it.
Mayor Suarez: Moved.
Commissioner Plummer: One twelfth of their budget.
Mr. Hirai: Mr. Mayor, I'm sorry, I don't know what we're moving.
Mr. Fernandez: I know, I'tn going to read it. This is 23, moved and seconded.
Twenty- three, DDA.
196 September 27, 1990
Commissioner Plummer: Yes, one - sixth.
Mayor Suarez: One sixth.
Commissioner Plummer: I'll give him one - sixth..
Mayor Suarez: One sixth of the DDA Budget.
Mr. Fernandez: OK. That would be applicable to the next item. That would be
item 24. Item 23, is the millage levy.
Mayor Suarez: OK. As to the millage rate, do we have a motion? Do we not?
Mayor Suarez: No. As to the millage rate first, please.
Commissioner De Yurre: Moved.
Vice Mayor Dawkins: Yes.
Commissioner Plummer: Yes. The millage rate, fine.
Mayor Suarez: Moved and seconded.
AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, IN
ITS ENTIRETY.
Mayor Suarez: That's it. You're a good man, Mr. City Attorney, but if next
year you don't figure out a way to do this quicker, I'm not voting for you to
retain your City Attorney. I'm warning you.
Mr. Fernandez: Change the State Statute, we will.
Mayor Suarez: No. I think you ought to find some other more creative way.
Mayor Suarez: All right, we have a motion and a second, call the roll.
Commissioner Plummer: This is strictly for the appropriation?
Mayor Suarez: For the millage rate.
Commissioner Plummer: Millage rate, OK.
AN ORDINANCE -
AN ORDINANCE WITH ATTACHMENT, RELATED TO TAXATION,
DEFINING AND DESIGNATING THE TERRITORIAL LIMITS FOR
THE DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF
MIAMI, FLORIDA; FIXING THE MILLAGE AND LEVYING TAXES
IN SAID DOWNTOWN DEVELOPMENT DISTRICT FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 1990, AND ENDING SEPTEMBER
30, 1991, AT FIVE- TENTHS (.5) MILLS ON THE DOLLAR OF
THE NONEXEMPT ASSESSED VALUE OF ALL REAL AND PERSONAL
PROPERTY IN SAID DISTRICT; PROVIDING THAT SAID MILLAGE
AND THE TAXES LEVIED HEREIN SHALL BE IN ADDITION TO
THE FIXING OF THE MILLAGE AND THE LEVYING OF TAXES
WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI AS
REFLECTED IN THE CITY'S MILLAGE -LEVY ORDINANCE FOR THE
AFORESAID FISCAL YEAR WHICH IS REQUIRED BY CITY
CHARTER SECTION 27; PROVIDING THAT THE FIXING OF THE
MILLAGE AND LEVYING OF TAXES HEREIN SHALL BE IN
ADDITION TO SPECIAL ASSESSMENTS; PROVIDING THAT THIS
ORDINANCE SHALL NOT BE DEEMED AS REPEALING OR AMENDING
ANY OTHER ORDINANCE FIXING MILLAGE OR LEVYING TAXES
BUT SHALL BE DEEMED SUPPLEMENTAL AND IN ADDITION
THERETO; CONTAINING REPEALER PROVISION, SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of September 7,
1990, was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor 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:
197 September 27, 1990
AYES:
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10795.
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
The City Attorney read the ordinance in its entirety into the public
record and announced that copies were available to the members of the City
Commission and to the public.
62. SECOND READING ORDINANCE: MAKE APPROPRIATIONS FROM THE DOWNTOWN
DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER MISCELLANEOUS INCOME
FOR THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI FOR FY
ENDING SEPTEMBER 30, 1991 _ TO BE ALLOCATED ON A ONE -SIXTH BASIS.
Mayor Suarez: Yes. The appropriations one is item 24.
Commissioner Plummer: I'll move the appropriation on a one -sixth basis.
Mayor Suarez: Thank you. That's two months budget, and report back. We have
a motion by Commissioner Plummer. Do we have a second on that, for DDA?
Mayor Suarez: I'll second. Miller, call the roll, please.
AN ORDINANCE -
Passed on its first reading by title at the meeting of September 7,
1989, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Mayor Suarez, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES:
NOES: None.
ABSENT: None.
AN ORDINANCE MAKING APPROPRIATIONS FROM THE DOWNTOWN
DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER
MISCELLANEOUS INCOME FOR THE DOWNTOWN DEVELOPMENT
AUTHORITY OF THE CITY OF MIAMI, FLORIDA, FOR ONE -SIXTH
(OCTOBER 1, 1990, TO NOVEMBER 30, 1990) 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.
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10796.
COMMENTS MADE DURING ROLL CALL:
198 September 27, 1990
Commissioner Plummer: Based on one - sixth, I vote, yes. It gives me another
bite of the apple.
63. APPROVE ANNUAL BUDGET OF DEPARTMENT OF OFF- STREET PARKING FOR FISCAL
YEAR OCTOBER 1, 1990 - SEPTEMBER 30, 1991 - TO BE ALLOCATED ON A ONE -
SIXTH BASIS.
Mayor Suarez: Is there any item...
Unidentified Speaker: Mr. Mayor. Item 25. The DOSP budget.
Mayor Suarez: What are we going to do to resolve the problem of that man
that's sitting up in the front row that sponsors this magnificent function?
We are going to figure out a way to solve that Mr. Mulvena?
Mr. Jack Mulvena: We're going to have it in the fountain.
Commissioner Plummer: We're going to have what in the fountain?
Mr. Mulvena: The Miami Film Festival.
Mayor Suarez: The Off- Street Parking Authority which administers Gusman is
going to figure out a way to maintain the Miami Film Festival
Mr. Mulvena: I think there will be some potential waivers for rentals.
Mayor Suarez: All right. I'll entertain a motion on the DOSP budget,
Department of Off- Street Parking.
Commissioner De Yurre: Move it.
Mayor Suarez: Moved.
Mr. Mulvena: The department of Off- Street Budget Parking.
Commissioner De Yurre: One- sixth.
Commissioner Plummer: Yes. one - sixth. I ain't got as many problems with them
as I do with the
Mayor Suarez: One sixth, moved and seconded. Call the roll.
Mr. Fernandez: Mr. Mayor, a point of information here. While the DOSP budget
is correct, there is an item that's still pending between the City Attorney
and the Board of DOSP to make sure that the DOSP adequately reimburses the
City for the services of the City Attorneys that serve them as Attorneys.
Mayor Suarez: All right. As far as I'm concerned, you could resolve that
within two months that have been granted of the approval of the budget. All
right.
Mr. Fernandez: Correct.
Mayor Suarez: We have a motion and a second. Any discussion? If not, please
call the roll.
199 September 27, 1990
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES:
NOES: None.
RESOLUTION NO. 90 -741
A RESOLUTION, WITH ATTACHMENT(S), APPROVING AND
ADOPTING THE ANNUAL BUDGET OF THE DEPARTMENT OF OFF -
STREET PARKING FOR ONE -SIXTH (OCTOBER 1, 1990, TO
NOVEMBER 30, 1990) OF THE FISCAL YEAR ENDING SEPTEMBER
30, 1991; PROVIDING THAT THIS RESOLUTION BE DEEMED
SUPPLEMENTAL AND IN ADDITION TO THE FUTURE RESOLUTION
APPROVING THE ADDITIONAL FIVE- SIXTHS OF SAID ANNUAL
BUDGET.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
ABSENT: Vice Mayor Miller J. Dawkins
Mr. Rodriguez: PZ -18 through 21.
Mayor Suarez: OK. For what date?
Mr. Rodriguez: October 25th.
Commissioner Alonso: So moved.
MOTION NO. 90 -742
A MOTION CONTINUING PLANNING AND ZONING ITEMS NOT
TAKEN UP TODAY TO THE COMMISSION MEETING OF OCTOBER
25, 1990.
llIIj1, eeo
64. CONTINUE ALL ITEMS NOT TAKEN UP AT THIS MEETING TO THE PLANNING AND
ZONING MEETING SCHEDULED FOR OCTOBER 25TH.
Mayor Suarez: Now, was there any emergency items that had to be done?
Mr. Rodriguez: No. We have to continue four items from Planning and Zoning,
October 25th.
Mayor Suarez: OK. I'll entertain a motion to continue those items. Read
them into the record. They are...
Mayor Suarez: All right. So moved by Commissioner Alonso, seconded
Commissioner De Yurre. Call the roll.
The following motion was introduced by Commissioner Alonso, who moved
its adoption:
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
200 September 27, 1990
AYES:
NOES: None.
ABSENT: Vice Mayor Miller J. Dawkins
Unidentified Speaker: We're not...
ATTEST:
Natty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Mayor Xavier L, Suarez
Mayor Suarez: Administratively, somebody please solve the problem of those
people who paid fees on the ordinance that we have just invalidated.
Commissioner Plummer: What?
Mayor Suarez: For the regulation that we have just undone.
Commissioner De Yurre: It's a donation.
Unidentified Speaker: We'd rather spend... we had about thirteen hundred
dollars in filing fees.
Mayor Suarez: We are recessed, but I'm just suggest that the administration
to try to value it.
Mr. Fernandez: He has thirteen thousand dollars to give somebody.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 9:20 P.M.
Xavier L. Suarez
MAYOR
201 September 27, 1990
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