HomeMy WebLinkAboutCC 1990-06-28 Minutesi
CITY OF MIAM
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* 1 NCOItI'MORATE!)
18 96
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OF MEETING HELD ON JUNE 28, 1990
PLANNING AND ZON I N(:j
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
►•1ATTY HIRAI
City Clerk.
JIMA
ITEM
NO.
2.
2.1
2.2
2.3
2.5
2.6
INDEX
MINUTES OF REGULAR MEETING
JUNE 28, 1990
---------------------------------------------------------------
SUBJECT T SLATTON T." A G F,
NO.
----------------------------
PRESENTATIONS, AN
SPECIAL TTEI&S
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CITY I'A}
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CONUITICNS FA 14 vsT 0,
STADIUM
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AUTH1
($42,000) TWO! CITY'S YQUITY P. PW51oh
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4.
EMERGENCY ORDINANCE: AMEND CODE
ORDINANCE 6-10
SECTIONS 54.5-12 AND 54.5-16 - PROVIDE
10742
METHOD TO ALLOW EXISTING BUILDING,
6/28/90
STRUCTURE, OR WALL TO REMAIN IN
UNDEDICATED RIGHT-OF-WAY - PROVIDE
METHOD FOR ADJUSTMENT To DESIGN
STANDARDS PROVIDE MECHANISM TO VACATE
AND CLOSE PTATTED PRIVATF AND PUBLIC
AND
l�. q,
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i1 Pt�tf�C PLY r R t S V61k
N 6y47S
ERI+:Ct'toN AND CON9TRUCTI614 Off' HOgMtNt
DISCUSSION
ti4 BAMONT PARK TO HONOR CUBANS AND
6 / 28 / 90
OTHERS WHO HAVE PERISHED OUT AT SEA
SEEKING FREEDOM (WITH STIPULATIONS)
(B) DISCUSSION CONCERNING POSSIBLE
INCORPORATION OF KEY BISCAYNE AND THEIR
REQUEST FOR FIRE PROTECTION SERVICES
FROM CITY OF MIAMI.
13.
(A) DISCUSSION CONCERNING THE JOHN
DISCUSSION
DETAIL TASK FORCE (PROSTITUTION.)
6/ 2 8 0
(B) REQUFS'T" CITY MANAGER AND C-H - F O
poLTC ':, TO !,001K INTO IMM.TNENT�r-
HIGH SPEED 1'OL'CE r'H ?�S.
.i.li.
(ra) DTSC;U.yMIJz,T 0;" C.,,sz C•tJ_;I'i Ctw. 'r.',l_t
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TAKEN HOML OVEN NIGH'.I'.
(B) DISCUSSION COTHCERI•IING C I T"� Lr
11TA141 FISCAL YEAR 19Q0-1991
71:11PORARILY '.l.ABLi (Sep: label 10,
(C) VICE, I.1A'xOR DAW INS fi1�'t�i r_S
INFORMATION YIN, C>I9 ADMI NISTrAT J ON
CONCERNING F RE SEEN! ORANGE L, Wl 1.1
NE-1TOTIATIOP><.`.,� AND SF;T'. II IiEN'T ( ,?C Ta' el
17).
1.5.
(A) REQUEST A111ITNISTRATION TO STUDY AND
M 9t
REPORT BACK ON PRiiSz3114T AVATi,A!;TLI.TY OF
F, 8 90
DOCKSIDE FUELIIviG SERVICES WITHIN 'IH"
CITY - REQUEST FIRE D PARTMIENT TO COME
BACK WITH WRITTEN RECOMMENIDA,riONS AS TO
SAFETY, FOTENT3A't. LIABT LITY AIiD
ENVIRONMENTAL REGULATIONS WHICH MAY
EXIST -. INSTRUCT CITY ATTORNEY TO DRAFT
APPROPRIATE: LEGISLATION.
(B-) DISCUSSION CO110ERNING THE DINNER
KEY (FORMERLY I ERRILL-S'TEVENS) BOATYARD
PROPOSAL. (LAWSUIT),
16.
(Continued Discussion) CITY OF MIA1111
DISCUSS1(,D-
FISCAL YEAR I990-1991 BUDGET - DISCUSS
0/28/90
PROPOSED 5 PERCENT CUT OF NON -UNION
EMPLOYEES WHO EARN OVER A DESIGNATED
LEVEL. (See label 14A).
17.
(Continued Discussion) APPROVES PROPOSED
1.1 9(0-475
AGREEMENT WITHTHE ORt:I.rGE FIO;V'L
6,%28 / 90
COMMITTEE FOR USE OF ORANGE BOWL
STADIU14 (See label 14B),
18.
DISCUSS AND CON'T1141JE TO NEXT MEETING
DISCUSSION
PROPOSED RESOLUTION APPROVING
6/28,`90
RECOMMENDATION OF COMPETITIVE SELECTION
COMMITTEE OF THREE QUALIFIED FIR11S TO
PROVIDE PROFESSIONAL PI..ANNING AND
DESIGN SERVICES FOR PROPOSED AIR
TRANSPORTATION SERVICE FACILITY AT
WATSON ISLAND.
19.
AMEND RESOLUTION 90--320 DI:CLAI;IN'G A
R 90-4.76
.E. C:` 28
UNIFIED DEVELOPMENT PROJECT r:)R
6/218/90
DEVELOPMENT OF A MAUSOLEUM 1?L,7't4E N
NORTH MIAMI AVENIO3 AND N.E. 2 AVENUE ON
N.F. 19 STREET.
MINOR iTyIwumW4 vwty L ...-.. Y-
RNArER1'tISR bIS'ARITY S t�I�Y ASD i'tRPAR
A. RR ORT W1TN R�'{7CStI4ll T10N 5�
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VMADMO 011t)IMANct (Z6141W ATLAS ORDINANCE
AMEND 9500 ZONING ATLAS AT 10751
BLOCK BOUNDED BY N.W. I COURT AND 2 6/28/90
AVENUE BEnrEE14 N.W.5 AND 6 STREETS
FRONT Cc,'— 2 / 7 TO SPI-16.7 (Applicant:
p 1,qnnin Departfrient).
AS
RFAI ING ORDIIWXF, z,0NING ATI oRDI14ANCE.
COND ) F
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MIST READING ORDINANCE: AMEND CODE
ORDINANCE
144-145
-ems_
SECTIONS 62-84(1), 62-82(2) AND 62-
FIRST READING
84(4) - CHANGE COMPOSITION OF URBAN
6/28/90
DEVELOPMENT REVIEW BOARD - DELETE
PROCEDURES FOR APPOINTMENTS TO SAID
BOARD AS TO PUBLIC NOTICE AND
f'
SOLICITATION (Applicant: Planning
Department) .
3i
APPROVE SP CIA". I:`:'r',1? 10N' To I'[:RMIT A
R 90-480
145-146
DRIVE —THROUGH FACILIT', FOR CrNC RP
6/28/90
SAV UN3 AT1790 F, SCAYNE FCi,IX A1RD
15,
r.ovl: SpacIAL wNCIPTTON ,O t' FMI t A
it 90,481
FOR t o f O ..1i t _ R ' SAVINGS 4' R I E'• -
j 90 81SCrk` NE
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(Appil"sy; Planning
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TO LOOX
SIDEWALK
CAFES 1.
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1E t tt s �f1IC
CHAPTER
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e[ a i 1 3, ( 3' 7_
AN
j . c..s 1planning
Department S
1, 11000, T 7
FIRST .
.,'sMEN
(GEI�,jEpAL AND SUPPLEMENTARY PFOULATIONS,
C
k GENERAL
Tt � / . YARD,
LI A J ON ON OCCUPANCY) ADD NOISE
r MI EA.i I.C14 FOR MECHANICAL ANICrkL AND FIRE
TO ATTENUATE NOTICE
42,
Ptwt6 �. AMENDCODE
E ,,;.D p � ,�P..,��d.1 CJ_ i,
_O ORDINANCE
l N'.;)7i iu°
s r n�7 C ,t S" BEVERAGES)
O d 4 si H r. .. ( 3 L
I'
10755�
PROVIDE CLARIFICATION CONCERNING
6128/90
S}2 r At,t I' "I i?{. itia"lC{i� 1..., , 1:^ `+.r .,,I '.�fi FOR
YT
7 . r%. � 1 :4r•i1 AND D S.6MII R LICl..{�ICYESk
etc. (Applicant Planning Depar"'.Tir,nC�,
41. FIRST READING ORDVANCE: AMEND CODE
SECTION 4-3 = (ALCOHOLIC 13PM tA0R5)
ALLOW PACKAGE LIQUOR STORES TO OPEN FOR
BUSINESS ON SUNDA"YS DURING CERTAIN
HOURS, TO EXTEND SUNDAY HOURS OF
OPERATION IN DECEMBER, TO REMAIN OPEN
UNTIL MIDNIGHT ON CHRISTMAS AND NEW
YEAR'S EVES - SUBJECT TO A ONE-YEAR
REVIEW (Applicant: Planning
Department).
44.
(A) FIRST RENDING ORDINANCE (ZONING
R 90-482
161-169
TEXT AMENDMENT): AMEND 11000 - MAKE
ORDINANCE
COMPREHENSIVE AND NON -SUBSTANTIAL
FIRST READING
CHANGl S - CCNTAIN AUTHORITY, INTE!"41' AND
6/28/90
PI1k_I'C' Is — FI:C:•Ui,,":TE LAND, WATER AND
..: ' ;i:' •, (JS I AND OCCUL'< NC TES ,
T.
`l, VI:IT, r`.P.KING AND
Jt;Mj
N.;: ::-§� � 1.�.?I
FIRS"t' F,I-, AIDING
,
'D WASTE
4.1 ,i..,.. CX S:TAL
Ei:?I•,1t1D 10544
ORDINANCE
170-171
PLAN,
FIRST READING
.- 0 sI''i'LLA?41) T..'SPLAN IMAP) -
6/28/90
L.,?ii1) U:: ?''tSIGiJA'i I�'IJS AFFECTING
5 PERCENT OF TOTAI, LAND
AI:I�/� (:!IJI)11CSCli.: Pla?llllt:l? iDel)artfnent.).
47.
C"R.�^:Id'I' REQUEST I;OR USE, 1''EE WAIVER AT
R 90-483
171-172
19t:RIP E STADI.U19 ,1.I.11) I: '_ TI_E PRESS 'TRAILER
6/28/90
CONCERNING 11990 U.S. ROWING
CHAMPIONSHIPS — GRAM' IN —KIND SERVICES
F?:OM POLICE, FIRE AND SOLID WASTE.
48.
ALLOW FIREWORKS DISPLAY FOR COMMODORES
R 90-484
172-173
AMERICAN BIRTHDAY BASI1 AT BAYSIDE
6/28/90
MARKETPLACE.
49. AUTHORIZE ADMINISTRATION AS FOLLOWS M 90-485
CONCERNING CITY -STAGED CELEBRATION OF 6/28/90
FOURTH OF JULY EVENT: (A) RESTRICT
PI DDLFRS FROM BAYFRONT PARK, A14D (B )
AUTHORIZE $14,500 TO SOIL AND SOD SOUTH
END OF BAYFRONT PARK (SUBJECT TO
AVAILABILITY OF FUNDS).
173-178
50. (A) DISCUSS AND CONTINUE TO SECOND DISCUSSION 178-185
MEETING IN SEPTEMBER CONSIDERATION OF 6/28/90
AN APPEAL OF ZONING BOARD'S DECISION TO
UPHOLD PLANNING DIRECTOR'S
DETERMINATION TO CONSIDER THE SERVING
OF MEALS PREPARED OFF HE PREMISES AND
FREE TO RECIPIENTS AT A HOUSE OF
WORSHIP, BY SPECIAL EXCEPTION, WHEN
LOCATED IN CR-1 ZONING DISTRICT
(Appellants: Miami Coalition for Care
to the Homeless, Trinity Episcopal
Cathedral and First United Methodist
Church of Miami).
(B) CITY COMMISSIONER EXPRESSES
CONCERN AND DIRECTS ADMINISTRATION TO
REMOVE ALL UNSAFE STRUCTURES UNDER THE
EXPRESSWAY,
51. BRIEF COMMENTS ON PREVIOUSLY WITHDRAWN DISCUSSION 185
ITEM (PZ-30) CONCERNING SETTLEMENT OF 6/28/90
LAWSUITS BY MESSRS. KENNETH TRIESTER,
HOWARD SCHARL.IN AND GERALD KATCHER
INVOLVING THE CITY AND PROPERTY LOCATED
AT 3471 MAIN HIGHWAY (COMMODORE BAY).
52. AUTHORIZE RESTRICTION OF VEHICULAR R 90-486 186-188
ACCESS TO CERTAIN STREETS AND URGE 6/28/90
METROPOLITAN DADE COUNTY TO INSTALL
TRAFFIC REGULATORY SIGNS IN MORNINGSIDE
NEIGHBORHOOD (ON 90-DAY TRIAL BASIS).
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 28th day of June, 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 9:14 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
Mayor Xavier L. Suarez
ALSO PRESENT:
ABSENT: Vice Mayor Miller J. Dawkins
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. Commissioner Alonso then
led those present in a pledge of allegiance to the flag.
1. PRESENTATIONS, PROCLAMATIONS, AND SPECIAL ITEMS
1. Proclamation to Mr. Ted Campbell, Director, Alamo Rent-A-Car, for his
dedication and efforts towards the enhancement of Miami.
2. Special recognition and thanks to Capital Bank, Kiwanis Club of Little
Havana, and Ryder Systems for underwriting a promotional brochure
supporting the acquisition of a professional baseball team for the City
of Miami.
------------------------------------------------------------------------------
2. CONSENT AGENDA
Mayor Suarez: In the consent agenda, I know that I've got one item I want
clarification on which is CA-4, is it?
Commissioner Plummer: That's one thing I don't like about this job, is the
meetings.
Mayor Suarez: CA-4, I'm going to want a clarification on. Is there any items
in the consent agenda which is item CA-1 through CA-8, that anyone would like
pulled out and handled separately from the audience? If not, we're going to
take them together as a collective item. Let the record reflect that no one
has stepped forward and requested any item to be heard individually.
Mr. Odio: Mr. Mayor...
Mayor Suarez: Yes, Mr. Manager.
Mr. Odio: Item CA-3 has been withdrawn.
1
June 28, 1990
Mayor Suarez: CA-3 is withdrawn and I need clarification on CA-4. Anything
further from the Commission?
Commissioner Plummer: Wait a minute, you're pulling...
Commissioner De Yurre: Move it.
Commissioner Plummer: ...you're pulling - what are you pulling, Mr. Mayor?
Mayor Suarez: CA-4, I just want a clarification on it.
Commissioner Plummer: OK.
Mayor Suarez: OK, with the exception of CA-3 and CA-4, we have a motion and a
second on the consent agenda comprised of items CA-1 through CA-8 with those
two exceptions. Please call the roll.
ON MOTION DULY MADE BY COMMISSIONER DE YURRE AND
SECONDED BY COMMISSIONER PLUMMER, THE CONSENT AGENDA,
WITH THE EXCEPTION OF THE ABOVE TWO ITEMS, WAS
APPROVED BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Miller J. Dawkins
2.1 ACCEPT BIDS: (A) WILLIAMS PAVING CO., INC., AND (B) PNM CORPORATION -
FOR RESURFACING 30 TENNIS COURTS AT SEVEN CITY PARKS - FOR PARK
DEPARTMENT (CIP 313318).
RESOLUTION NO. 90-462
A RESOLUTION ACCEPTING THE BIDS OF WILLIAMS PAVING
CO., INC., IN THE AMOUNT OF $298,225.00 AND PNM
CORPORATION IN THE AMOUNT OF $65,300.00, FOR A TOTAL
= AMOUNT NOT TO EXCEED $363,525.00, FOR THE
RESURFACING OF 30 TENNIS COURTS AT SEVEN CITY PARKS
FOR THE DEPARTMENT OF PARKS AND RECREATION;
ALLOCATING FUNDS THEREFOR FROM THE CAPITAL
IMPROVFMENT FUNDS PROJECT NO. 313318, ACCOUNT CODE
NO. 589301-860; AUTHORIZING THE CITY MANAGER TO
_ INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS FOR THIS SERVICE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.2 ESTABLISH SPECIAL CHARGES, TERMS AND CONDITIONS FOR USE OF ORANGE BOWL
STADIUM BY SUNSHINE STATE GAMES FOUNDATION, INC. FOR OPENING CEREMONIES
OF 1990 SUNSHINE STATE GAMES.
RESOLUTION NO. 90-463
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL
CHARGES, TERMS, AND CONDITIONS FOR THE USE. OF THE
ORANGE BOWL STADIUM BY SUNSHINE STATE GAMES
FOUNDATION, INC. FOR THE OPENING CEREMONIES OF THE
1990 SUNSHINE STATE GAMES TO BE HELD AT THE ORANGE
BOWL STADIUM ON JULY 13, 1990; AUTHORIZING THE CITY
MANAGER TO EXECUTE A USE AGREEMENT, IN SUBSTANTIALLY
THE. ATTACHED FORM, WITH SAID USER FOR THIS PURPOSE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2 June 28, 1990
—s"
2.3 AUTHORIZE ACCEPTANCE OF SPECIAL WARRANTY DEED FOR PROPERTY FOR STREET
AND CANAL IMPROVEMENT PURPOSES.
RESOLUTION NO. 90-464
A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE
CITY OF MIAMI TO ACCEPT A SPECIAL WARRANTY DEED FOR
PROPERTY AS MORE PARTICULARLY DESCRIBED HEREIN FOR
STREET AND CANAL IMPROVEMENT PURPOSES; APPROVING AND
RATIFYING THE RECORDING OF SAID DEED IN THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
_ 2.4 AUTHORIZE CASH ADVANCE PAYMENT ($42,000) FROM CITY'S EQUITY IN POOLED
CASH AND INVESTMENTS TO WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT
_ CORPORATION - FOR PROFESSIONAL SERVICES CONCERNING PREPARATION OF SAFE
NEIGHBORHOOD IMPROVEMENT PLAN FOR WYNWOOD SNID.
RESOLUTION NO. 90-465
A RESOLUTION AUTHORIZING THE CITY MANAGER TO THE
CITY OF MIAMI, FLORIDA, TO EXPEND FUNDS TO PROVIDE A
CASH ADVANCE PAYMENT, NOT TO EXCEED $42,000, FROM
THE CITY'S EQUITY IN POOLED CASH AND INVESTMENT TO
THE WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT
CORPORATION ("WCEDC"), FOR PROFESSIONAL SERVICES IN
CONNECTION WITH THE PREPARATION OF THE SAFE
NEIGHBORHOOD IMPROVEMENT PLAN FOR THE WYNWOOD SAFE
NEIGHBORHOOD IMPROVEMENT DISTRICT ("SNID"), SAID
FUNDS TO BE REIMBURSED FROM A STATE OF FLORIDA SAFE
NEIGHBORHOOD PROGRAM GRANT, FOR THE COMPLETION OF
TASKS 2 AND 3 OF THE AGREEMENT BETWEEN THE CITY OF
MIAMI AND THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.5 ACCEPT PLAT: RIVERSIDE PLAZA.
RESOLUTION NO. 90-466
A RESOLUTION, WITH ATTACHMENT, ACCEPTING THE PLAT
ENTITLED "RIVERSIDE PLAZA", A SUBDIVISION IN THE
CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF
THE PLAT AND STREET COMMITTEE; ACCEPTING THE
DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND
DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE
THE PLAT AND PROVIDING FOR THE RECORDATION OF SAID
PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3 June 26, 1990
2.6 ACCEPT PLAT: ROBERTSON ESTATES.
RESOLUTION NO. 90-467
A RESOLUTION, WITH ATTACHMENT, ACCEPTING THE PLAT
ENTITLED "ROBERTSON ESTATES", A SUBDIVISION IN THE
CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF
THE PLAT AND STREET COMMITTEE; ACCEPTING THE
DEDICATIONS SHOWN ON SAID PLAT; ACCEPTING THE
COVENANT TO RUN WITH THE LAND POSTPONING THE
IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENT UNTIL
CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL REQUIRED
BY THE DEPARTMENT OF PUBLIC WORKS; AND AUTHORIZING
AND DIRECTING THE CITY' MANAGER AND CITY CLERK TO
EXL;":UTE THE PLAT AND PROVIDING FOR THE RECORDATION
OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA.
(Here follows body of resoluticnei, omitted here and
on file in the Office of the City Clerk.)
3. EXECUTE AGREEMENT WITH METROPOLITAN DADE COUNTY SETTING FORTH MUTUAL
RESPONSIBILITIES CONCERNING THE IMPLEMENTATION OF SHORELINE RESTORATION
ACTIVITIES AT (A) TWO CITY -OWNED SPOIL ISLANDS OFF THE WEST SIDE OF
VIRGINIA KEY, AND (B) ONE LOCATED OFF DINNER KEY.
Mayor Suarez: I got a letter this morning. Unfortunately, I wish I'd had it
in advance of today on CA-4, that way I might have gotten my clarification and
my concerns resolved, but I do want to know if it is true that this item
relates to changing somehow, the vegetation or the character or the terrain or
anything else of the spoils islands. And, if so, why would we get involved in
doing anything whatsoever to those islands that will presumably cost us
anything?
Ms. Arlene Weintraub: This is an environmental...
Mayor Suarez: In addition to the fact that these people are saying that that
would take away from the natural historical character of the islands.
Ms. Weintraub: I'm not sure exactly what that letter says, but this is an
agreement with the County to do an environmental enhancement of these islands.
Mayor Suarez: Environmental enhancement. The last time we did an
environmental enhancement of the ones right back here, we got them cleaned up
in part because the - what do you call them - the anchorage folks out there
wanted to be able to stay and there was sort of a settlement reached and we
got them cleaned up. Is that the environmental enhancement you're talking
about? Or are you talking about changing the vegetation for God knows what
reason?
Ms. Weintraub: It does include several items, site cleanup, restoration of
parts of the island with native wetland and upland vegetation. There could be
some planting. If anything, it would only look nicer. And also shoreline
stabilization along the eroding shoreline areas, so it...
Mayor Suarez: Ah, that's probably the catch right there. They probably want
to stabilize them, yes, so that they don't sort of go away.
Ms. Weintraub: Shoreline stabilization. Additional mangroves, that sort of
thing. It's environmental enhancement.
Commissioner Plummer: Does the City lose any control whatsoever by entering
into this agreement?
Mayor Suarez: That's a good question.
4 June 28, 1990
11
i
Ms. Weintraub: Not at all.
Commissioner Plusmsers What does the City gain by entering into this
agreement?
Ms. Weintraub: We get these three spoil islands enhanced at no cost to the
City.
Commissioner Plummer: With no restrictions applied.
Ms. Weintraub: Correct.
Mayor Suarez: OK, are we approving what you consider enhancement at this
point or are we just entering into some agreement with the County...
Ms. Weintraub: It's just...
Mayor Suarez: ...whereby they would basically run with the ball but we still
maintain a certain amount of control?
Ms. Weintraub: Yes. They have to submit all their plans to the City for
review and approval. At this point, we're entering into the agreement to
allow them to do so.
Mayor Suarez: Enter this into the record and make sure that it's entered into
your files on the matter....
Ms. Weintraub: OK, fine.
Mayor Suarez: ...and if no Commissioner has any problem with it. As long as
we take into account those kinds of concerns. The point made there is that we
don't want to change the vegetation and try to act like we're, you know, God
the second here and change: whatever was done there naturally and that's an
interesting point.
Ms. Weintraub: Right, it may look different, but...
Mayor Suarez: Not everything that's n,{aural is best, but...
Ms. Weintraub: Right, but it would only look, in our opinion, nicer. But it
might look slightly different because it's going to be cleaned up.
Mayor Suarez: I have to tell you that looking at the islands, they look fine
the way they are as long as they're clean. I mean, let's not...
Ms. Weintraub: Yes, I've been on all the islands and there are a lot of
rubbish.
Mayor Suarez: ...and if you want to improve things, you know, there's Watson
Island, there's your favorite park, Bicentennial, and FEC. I mean, there's a
lot of other things that we can improve, folks. Those islands look nice. If
they're being eroded, that's another issue. OK, with that clarification, I'll
entertain a motion on CA-4.
Commissioner Plummer: Move it.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
5 June 28, 1990
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-468
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH METROPOLITAN DADE COUNTY, SETTING
FORTH THE RESPONSIBILITIES OF THE COUNTY AND CITY TO
IMPLEMENT SHORELINE RESTORATION ACTIVITIES AT TWO
CITY -OWNED SPOIL ISLANDS LOCATED OFF THE WEST SIDE OF
VIRGINIA KEY AND AT ONE CITY -OWNED SPOIL ISLAND
LOCATED OFF DINNER KEY, WITH SAID ACTIVITIES TO BE
UNDERTAKEN AT NO COST TO THE CITY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Miller J. Dawkins.
4. EMERGENCY ORDINANCE: AMEND CODE SECTIONS 54.5-12 AND 54.5-16 - PROVIDE
METHOD TO ALLOW EXISTING BUILDING, STRUCTURE, OR WALL TO REMAIN IN
UNDEDICATED RIGHT-OF-WAY - PROVIDE METHOD FOR ADJUSTMENT TO DESIGN
STANDARDS - PROVIDE MECHANISM TO VACATE AND CLOSE PLATTED PRIVATE AND
PUBLIC EASEMENTS AND EMERGENCY ACCESS EASEMENTS.
Mayor Suarez: Item 2, emergency item.
Mr. Odio: This is an amendment to the code to provide a method to allow an
existing building, a structure or a wall to remain in the undedicated right-
of-way by providing a method for adjustments to the size standards and by
providing another mechanism to vacate and close platted private and public
easements and emergency access easements.
Mayor Suarez: Entertain a motion on item two.
Mr. Odio: It is an emergency because in order to expedite the approval of
pending tentative plats, which have been approved by the Plat and Street
Committees and be allowing certain historic structures and walls to remain in
place by not requiring the complete dedication of right-of-way. This
ordinance will also streamline the procedure of closing public and private
easements and emergency access easement.
Commissioner De Yurre: Move it.
Mayor Suarez: Moved.
Commissioner Plummer: I'll second it for discussion. But, you're saying the
walls that are there presently...
Dr. Luis Prieto: Yes, sir.
Commissioner Plummer: ...in a undedicated easement I guess is the word that
confuses me.
Mr. Prieto: Yes...
Commissioner Alonso: Undedicated, right?
6 June 28, 1990
Commissioner Plummer: No, it's undedicated, that's where I'm confused. If a
wall is there presently on an undedicated, why is it illegal?
Mr. Prieto: No, it's not illegal now. What happens is, when somebody wants
to develop it, it places the wall within the dedicated right-of-way because we
require...
Commissioner Plummer: No, no, no, you're saying here undedicated. That's
what's confusing me. If it's undedicated, what is the problem?
Mr. Prieto: The problem is that it's undedicated because the platting hasn't
gone forth yet. As soon as the platting is finished, they have to dedicate
it.
Commissioner Alonso: And when they do, will it change? Or it will stay?
Mr. Prieto: When they dedicate it, it then falls within the public right-of-
way and then we're required to take those walls down and we don't want to do
that. We want the ability to be able to certain structures, to be able to
permit them to remain within the dedicated right-of-way. Right now, they're
undedicated and, therefore, it doesn't pose a problem. But as soon as it is
become a part of the public right-of-way, we would like the ability to not
have to take the structures down.
Commissioner Plummer: Where do we gain in this action? If you don't grant
them this right, they can't build in the right-of-way.
Mr. Prieto: That's right.
Commissioner Plummer: So where do we, the City, gain in this action?
Mr. Prieto: We gain by certain structures we don't really want them to take
it down, yet our present structure of the Code requires us to have those
structures removed. Let me give you an instance. One of the structures
involved is the new China Town building on Biscayne and 19th Street. There's
an existing building there. They want to conserve that building there. Yet,
because we require a 25 foot radius away from the corner, they would have to
demolish that historic structure. Therefore, this gives us the ability not to
have to do that.
Mayor Suarez: There's another way around that, isn't there?
Mr. Prieto: How's that?
Mayor Suarez: By recording an easement of non something or other - I forget
what the term is - as to that particular structure that it can be torn down at
some later time.
Mr. Prieto: Oh, you mean, 5448, a covenant, to subscribe a covenant.
Mayor Suarez: Don't get technical on me, I just...
Mr. Prieto: Yes. We explored that.
Mayor Suarez: Anyhow, if - I don't know, if the Commissioners have no problem
with it, I don't see what...
Mr. Prieto: This is a clean way.
Commissioner Plummer: I just, you know, when you give up something on an
undedicated right-of-way, I don't see where we're gaining. I don't see where
the City is gaining.
= Msiyor Suarez: Well, I guess is done to preserve certain historic structures
that happen to be there and that the ordinance just didn't contemplate when we
passed it.
Mr. Prieto: That's right.
Commissioner Alonso: Well, then, when it's dedicated, do we still have
control that it's maintained by our actions today?
7 June 28, 1990
Mayor Suarez: Good question.
Commissioner Plummer: No, it's automatic.
Mr. Prietot Yes. It will be in the public right-of-way.
Commissioner Alonso: Somehow, it sounds...
Commissioner Plummer: It's contra.
Commissioner Alonso: ...not clear enough. We're saying that undedicated
structures, I can see, we are preserving that. Then, when it's dedicated,
still we are preserving it?
Mr. Prietos Yes, ma'am. And let me explain. There are two instances here.
One instance...
Commissioner Alonso: Well...
Mr. Prieto: ...deals with historical walls in the Coconut Grove area. The
other instance deals with a new China Town development. In both instances...
Commissioner Plummer: Well, but don't speak to it...
Commissioner Alonso: That far, I think we understand an agree. I'd like to
keep them, but the wording, somehow, it's confusing.
Commissioner Plummer: Seems like to me, it would be smarter for us to do it
on an individual basis. You know, if you have a dedicated - an undedicated -
right-of-way, of let's say 20 feet...
Mr. Prietos Yes.
Commissioner Plummer: ...that you hope to get dedicated...
Mr. Prieto: Right.
Commissioner Plummer: ...you are now, by this ordinance, allowing them to put
a wall in that 20 feet.
Mr. Prieto: Oh, no, sir. Actually, there is language in the change that
provides the City to determine what structures should be conserved and which
should not. This merely cleans...
Commissioner Plummer: No, I'm not speaking... after this is passed...
Mr. Prieto: Yes.
Commissioner Plummer: ...and they dedicate the right-of-way...
Mr. Prieto: Yes.
Commissioner Plummer: ...can they put anything...
Mr. Prieto: No, they cannot. These are for existing...
Commissioner Plummer: Well, why would they dedicate?
Mr. Prieto: Because the right-of-way has expanded and, therefore, when they
replat, they're required to dedicate a certain amount to the City and with
that dedication comes an existing structure or an existing wall. What we want
to do is not have them demolish it so that the City has this historical
structure and preserves it. Right now, we don't have the ability to do that.
Commissioner Alonso: By our actions today, can we, somehow, take an action, I
don't want to delay the platting of the China Town and delay the project. I
want that to move and being able for them to continue. Can, by our actions
here today, give us some time as to look in the rest of the cases and take
some actions that will allow them to continue?
8 June 28, 1990
Mr. Prieto: Oh, yes. That is provided in the text of the Code. Each
individual item is treated separately when it comes to replatting.
Commissioner Plummer: But not by us.
Mr. Prieto: It is analyzed under its merit.
Commissioner Plummer: But not by us.
Mr. Prieto: No, air, it's analyzed by the City.
Commissioner Plummer: See, that's where I have the problem.
Mr. Prieto: Well, remember that we're only treating with historical
structures, existing structures. It doesn't deal with anything that will
happen in the future. These are buildings that...
Commissioner Plummer: It doesn't say a word in here about historic.
Mayor Suarez: OK, once again, the mechanics of what the Commissioners are
concerned with, I think, is what happens if we change our mind? What do we do
then?
Mr. Prieto: It's provided in the Code. You can change your...
Mayor Suarez: Well, what is provided in the Code? What do we do,
mechanically at that point?
Commissioner Plummer: Three votes of this Commission change it.
Mr. Prieto: The mechanics is simply that in each particular case that comes
to the Plat and Street Committee, it's denied. Of an...
Commissioner Plummer: But, you see, that's not the point. The point is that
it would be at that level, the decision would be at that level rather at this
level.
Mr. Prieto: Rather than the City Commission.
Commissioner Plummer: That's what I'm looking at. I would be more
comfortable with looking at each individual application. I don't think we
have that many of them.
Mr. Prieto: True.
Commissioner Plummer: That, rather than losing control...
Mr. Prieto: Actually, this is more after the fact in cleaning up house than
actually giving us sweeping power to the City. What we're dealing here with
very limited circumstances and I think these pretty well cover all these
circumstances that have been left in the City. This has never come up before.
Commissioner Alonso: This cover the coral...
Commissioner Plummer: Walls.
Commissioner Alonso: ...wall and Main Highway?
Mr. Prieto: Yes, exactly. Actually, these are the only two instances that
has ever occurred in the past. I think it's really a housecleaning device.
It's not a...
Commissioner Plummer: All right, I'm willing to try. If it doesn't work out,
we can always change it.
Mr. Prieto: Thank you, sir.
Mayor Suarez: All right. We have a motion and a second on the ordinance and
the emergency has been explained. Would you please read the ordinance.
AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY
TITLE ONLY.
9 June 28, 1990
4
0
Mayor Suarez: Call the roll.
Commissioner Plummer: Wait a minute. Justify on the record the reason for
the emergency.
Mr. Odio: I did already.
Commissioner Plummer: I didn't hear it.
Mr. Odio: This item has been presented on an emergency basis in order to
expedite the approval of pending tentative plats which have been approved by
the Plat and Street Committee by allowing certain historic structures and
walls to remain in place by not requiring the complete dedication of right-of-
way.
Mayor Suarez: Call the roll.
Commissioner Plummer: If I voted on that basis, I would vote no.
Mayor Suarez: Nine thirty-one.
Commissioner Plummer: Call the roll!
Mayor Suarez: This is that part of the day.
Mr. Fernandez: You need all four votes here present.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTIONS 54.5-12 AND
54.5-16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, BY PROVIDING A METHOD TO ALLOW AN EXISTING
BUILDING, STRUCTURE OR WALL TO REMAIN IN THE
UNDEDICATED RIGHT-OF-WAY; BY PROVIDING A METHOD FOR
ADJUSTMENT TO DESIGN STANDARDS; ANr BY PROVIDING
ANOTHER MECHANISM TO VACATE AND CLOSE PLATTED PRIVATE
AND PUBLIC EASEMENTS AND EMERGENCY ACCESS EASEMENTS;
CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
Was introduced by Commissioner De Yurre and seconded by Commissioner
Plummer, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: Ncno.
ABSENT: Vice Mayor Miller Dawkins.
Whereupon the Commission on motion of Commissioner De Yurre and seconded
by Commissioner Plummer, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Miller Dawkins.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10742.
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.
10 June 28, 1990
5. (A) SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND:
SOLID WASTE REDUCTION: RECYCLING AND EDUCATION (FY'90) -
APPROPRIATE FUNDS FROM STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL REGULATION, RECYCLING PROGRAM GRANT.
(B) DISCUSSION REGARDING THE ISSUE OF RECYCLING IN GENERAL, INADEQUATE
SIZE OF BINS FOR RECYCLYING AND GARBAGE.
------------------------------------------------------------------------------
Mayor Suarez: Item three, second reading. Solid waste reduction, recycling
and education appropriating funds and so on.
Commissioner De Yurre: Move it.
Mayor Suarez: Moved.
Commissioner Plummer: I'm going to second it, but I got to put on the record,
once again. Mr. Manager, this system, as you are using as a pilot model, is
not, in my estimation, going to succeed. And I've reason, I think, is that
the system that's being provided is totally inadequate. I can't speak for
anybody else, but the bin which I get at my house is nowhere near adequate to
accommodate the needs of my household.
Mr. Odio: It is on mine.
Commissioner Plummer: Well, you are smarter than I am and you don't take the
Miami Herald.
Mr. Odio: I won't argue with that, Commissioner.
Commissioner Plummer: OK?
Mr. Odio: But I will tell you this...
Commissioner Plummer: You won't argue with smarter than you don't take the
Herald?
Mr. Odio: No, I'm arguing with the whole recycling bins. You see, I will
-= keep saying this over and over, we're using 23 people in the payroll for
recycling. We don't collect one penny for recycling. The State again is
mandating on us that we have to have recycling by 1993 or 194 and it will come
out of our pockets. We will not have monies to pay for this. It's fine to
receive $585,000 of free monies, that is to buy equipment. The manpower we
pay, we have 23 people doing it. We don't get paid extra for it. It's an
additional cost to the City Solid Waste Department.
Commissioner Plummer: What happens at the end of this pilot program if we
discontinue the program? -or can we?
-- Mr. Odio: I believe that we cannot, by law, that we must have 30 percent of
our waste by 1994 being recycled and I am saying now that by that time, we
will not be able to afford it. It's either a pass through to the customers
that they pay additional for recycling or something else has to be done and
this is why amendment three comes into.
Commissioner Plummert The guy in our neighborhood, Mr. Manager, who on
Wednesday night goes with his grocery cart and picks up all of the aluminum
cans, loves the program. OK? He loves the program. I'm just saying that in
the County I saw that they gave out three containers the size of which you
gave me one that is split in the middle. OK? It is inadequate.
Mr. Odio: Let me look into that, but again, I do have a complete problem with
recycling, OK. And I know it might be against going apple pie and whatever,
but it is wrong to put it...
Commissioner Plummer: And may I also suggest, rather than the ugliness that
of all these that are out on the street that you at least get them in green
and not bright blue. They're ugly.
11 June 28, 1990
..
Mr. Od'y: Yes, OK.
Commissioner Plummer: What do you want us to do with this? You want us to
deny it?
Mr. Odio: Yes, I want to pass it. We are accepting this money.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Mr. Odio: But, again...
Commissioner Plummer: You have somebody wishes...
Ms. Cynthia Shelley: I agree with you, Mr. Plummer. And I'd like to request
that this pilot program...
Mayor Suarez: Wait, wait, wait... Let's first get us. Do we have a second
on that motion?
Commissioner De Yurre: Second.
Commissioner Alonso: Yes.
Mayor Suarez: Thank you. Give us name and address.
Ms. Shelley: I'm sorry. My name is Cynthia Shelley. I'm at 2975 Washington
Street in Coconut Grove and I'm representing the Coconut Grove Park Homeowners
Association. And I would like to request that his pilot program be
implemented in our neighborhood.
Mr. Odio: We have a plan and we'll eventually get to your neighborhood.
Ms. Shelley: But you say, eventually...
Mr. Odio: Eventually...
Ms. Shelley: ...we would like to be soon. We would like to be next. I spoke
to many folks and they suggested that I come here today and request that it be
one of the neighborhoods that's put on your list next rather than in 194, end
of 194, or whatever. We would like to be this summer.
Mr. Odio: Fine.
Ms. Shelley: We can be?
Mr. Odio: Yes.
Ms. Shelley: Or fine what?
Mr. Odio: Fine, we'll do it.
Ms. Shelley: By when?
Mr. Odio: As soon as we're ready.
Ms. Shelley: When is that?
Mr. Odio: When we're ready.
Commissioner Plummer: When we get... truthfully? -no, no, honestly, when we
get the money to buy more equipment.
Mr. Odio: We don't have the trucks. We have to buy trucks.
Commissioner Plummer: Are you aware for those damn noisy, ugly trucks they
are $230,000 each?
Ms. Shelley: OK, I know that but they are going to.decide on neighborhoods
soon, on other neighborhoods soon. We would like to be one of the first.
12 June 28, 1990
Mr. Odio: We will...
Mayor Suarez: Let's ascertain that. Let's ascertain that. Mr. Manager, are
we, in fact, about to select additional neighborhoods to expand the program?
Mr. Odio: Yes, and we can do that. I have no problem.
Mayor Suarez: OK.
Commissioner Plummer: Make them a priority.
Mr. Odio: But I have to get the trucks first. They have to be ordered and
they have to be here and then I can tell you when we're going to do your
neighborhood. We'll put you up as a priority.
Ms. Shelley: OK, that's what I wanted to hear.
Mayor Suarez: Do you need a resolution from the Commission on that, Mr.
Manager, or is it.....?
Mr. Odio: No.
Ms. Shelley: OK, thank you.
Mayor Suarez: But monitor it like anything else that we decide. Is there
anything about the system that would make - well, maybe I shouldn't even be
asking that question. Does it make sense for us to try to change at this
point, Mr. Manager or are you want to take it up at a later time, I gather.
Mr. Odio: What's that, Mr. Mayor?
Commissioner Plummer: Change what?
Mayor Suarez: The recycling system. Is there anything... It seems like
you're trying to tell us...
Mr. Odio: I'm trying to tell you this, that you'll have...
Mayor Suarez: I mean, for one thing, if the expense of the bin is an issue, I
would hope - there's a lot of people out there that do want to participate.
Mr. Odio: It's not the expense of the bin.
Mayor Suarez: I would hope that people would be allowed to buy their own, if
they want.
Mr. Odio: That's cheap.
Mayor Suarez: If they're too small, as J.L. is saying, and again, they're
willing to pay for a little bit bigger ones, which I think they would be,
again, I hope that we have that kind of flexibility.
Mr. Odio: That is not what I'm trying to say.
Commissioner Plummer: No, it's not bigger. It's more of.
Mr. Odio: That is not what I'm trying to say.
Mayor Suarez: Or bigger, I mean...
Commissioner Plummer: OK, in - no, in the County, they give you three bins.
One for paper, one aluminum cans, and one for plastic bottles.
Mayor Suarez: Right.
Commissioner Plummer: OK? We get one of the same size containers with a
divider in the middle and I got to tell you, a Sunday paper alone fills up the
paper side of that bin.
Mayor Suarez: So, like I said, if we want to let people buy more or whatever,
you know, as J.L.'s implying...
13 June 28, 1990
Mr. Odio: That is not what I'm trying to...
Mayor Suarez: ...if the stuff is picked up then the more correct way and
reused and possibly some value obtained for it, we certainly ought to have
that flexibility. That's not what you want to...
Mr. Odio: That is not what I'm trying to say.
Mayor Suarez: Your problem is the big equipment.
Mr. Odio: What I'm trying to say is...
Commissioner Plummer: No.
Mr. Odio: ...you're going to have no manpower.
Commissioner Plummer: What happens when the money runs out? That is what he
is saying.
Mr. Odio: Manpower. That you're going to have garbage trucks going down the
street, right behind it another truck with recycling and then right behind it
a trash truck and that is manpower, not equipment. We're trying to design a
truck now and I talked to some manufacturers that can carry both garbage and
recycling. I don't know if we can come up with a solution.
Commissioner Plummer: An 83 foot long truck.
Mayor Suarez: All righty, we have a motion and a second and the ordinance has
been read, I believe, if not, please read the ordinance.
Mr. Fernandez: No.
Mayor Suarez: Call the roll.
AN ORDINANCE -
AN ORDINANCE, WITH ATTACHMENT, ESTABLISHING A NEW
SPECIAL REVENUE FUND ENTITLED: "SOLID WASTE REDUCTION:
RECYCLING AND EDUCATION (FY'90)11; APPROPRIATING FUNDS
FOR THE DEVELOPMENT AND IMPLEMENTATION OF SAME IN
ACCORDANCE WITH SECTION 403.706(4), FLORIDA STATUTES,
IN THE AMOUNT OF $585,808, CONSISTING OF A RECYCLING
PROGRAM GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF
ENVIRONMENTAL REGULATION, IN ACCORDANCE WITH THE STATE
OF FLORIDA SOLID WASTE MANAGEMENT GRANT RULE 17-716
AND SECTION 403.7095 FLORIDA STATUTES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of May 24, 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: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Miller J. Dawkins.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10743.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Reluctantly, yes.
14
June 28, 199Q
i
If"
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez% You know, ladies, the representatives of the sanitation
employees union are in the back, towards the back corner. You might want to
chat with them a little bit about ideas you may have, the monitoring of this.
You see they're nodding their heads. They're all very interested in meeting
with you. All that helps our administration in executing what is a plan that
eventually, hopefully, will involve people a little bit more and have them do
a little bit more of the work and we do a little big less of the work. Which
is the whole idea of recycling. And the Manager is obviously anxious to get
ideas on how to do it because he's not pleased with the way the system is
working. It's too expensive.
Commissioner Plummer: While Mr. Ingraham is standing back there trying to
hide so that he doesn't catch any heat, Mr. Ingraham, air, you and I have had
a running battle. You made promises to me that whatever reason, haven't been
kept. I am telling you that I am prepared now to go with the City
photographer. There are bins that are running over and over and over. They
are not getting adequate size bins to hold the necessary tonnage that comes
out of these apartments and other places and I want to tell you, it's a
disgrace to this City. Now, you promised me you were going to go around, cite
these people and demand that they get a bigger container. It's still
happening everywhere. Now, what do we need to do, Mr. Manager, to give him
the clout to make these people comply?
Mr. Joseph Ingraham: We are addressing the problem, Commissioner Plummer. It
is a massive problem, I make no excuses in reference to which you speak. At
u the present time we are citing the companies and the property owners in
reference to the spillage on the ground and that's specifically what you're
talking about.
Commissioner Plummer: That's what I'm talking about. My cup runneth over.
Mr. Ingraham: As you're saying, it's all over the City. We are, by the
hundreds, rendering citations in that regard, but it's a very, very difficult
situation.
Commissioner Plummer: Do those citations carry a dollar penalty?
Mr. Ingraham: Yes, they do.
Commissioner Plummer: Of two hundred and fifty a day until compliance?
Mr. Ingraham: Yes. Yes, but the problem is in that regard is the immediate
removal. We have to give them a time to remove the stuff from the ground and
that's the problem in reference to contacting the company and/or the owner to
give them. Once you give them the notice, they have to have time to remove it
and that's the problem.
Commissioner Plummer: Well, I'll tell you something, it's a disgrace in this
_ town, you know it and I know it and whatever you need, as far as I'm
concerned, in the way of clout to make these people comply, I'm willing to do
it. So I'm just putting that on the record.
Mr. Ingraham: We are currently and we will be coming before you in reference
to revisions in chapter 22, trying to obtain more power in that particular
regard. We're going to review that with the Law Department so that we can
_ bypass the time period in reference to the notifications and warnings. That's
the hold up. We have to give them 24 hour notice.
Commissioner Plummer: OK. Huh? You know what they're doing? They're buying
the smallest container they can buy.
NOTE FOR THE RECORD. AT THIS POINT, AGENDA ITEM PZ-30
WAS WITHDRAWN.
15 June 28, 1990
w
6. SECOND READING ORDINANCE: REPEAL ORDINANCES 7245 AND 7247 RELATING TO
ORIGINAL CREATION OF THE DEPARTMENT OF POLICE AND THE DEPARTMENT OF
FIRE, RESCUE AND INSPECTION SERVICES - FURTHER CREATING TWO NEW
DEPARTMENTS WHOSE AFFAIRS ARE TO BE ADMINISTERED BY DIRECTORS WHO, WHILE
APPOINTED BY AND SERVING UNDER THE CITY MANAGER, SHALL ONLY BE REMOVED
FROM THEIR POSITIONS BY JUDGMENT OF THE CITY COMMISSION - PROVIDE THAT
RESPONSIBILITIES, FUNCTIONS AND DUTIES REMAIN UNCHANGED, ETC. - AMEND
CODE.
-------------------------------------------------------------------------------
Mayor Suarez: Item four.
Commissioner Plummer: Move it.
Mr. Odio: The Perry Anderson amendment.
Commissioner Plummer: The Perry Anderson heart relief bill.
Mayor Suarez: Item four has been moved.
Mr. Odio: I'm getting a uniform with five stars.
Commissioner Plummer: I move - hello? Are we the only two here?
Mayor Suarez: Yes, well, we've got a quorum because we've got them in the
room, but...
Commissioner Plummer: While we're waiting for a quorum. Mr. Manager, on item
PZ-30.
Mayor Suarez: We need a second.
Mr. Odio: PZ what? That's out.
Commissioner Plummer: No, sir, I'm asking a question on PZ-30.
Mr. Odio: It's out.
Commissioner Plummer: Did they surrender to us a letter of withdrawal?
Mr. Odio: Yes.
Commissioner Plummer: May I have a copy please.
Mr. Odio: Yes.
Commissioner Plummer: I move item four.
Mayor Suarez: It's been seconded by Commissioner De Yurre. Any discussion on
item four? Second reading. Is that relevant to item four?
Commissioner Plummer: I don't know.
AT THIS POINT, COMMISSIONER PLUMMER READ THE ORDINANCE INTO THE PUBLIC RECORD,
BY TITLE ONLY.
Mayor Suarez: OK, give part of the City Attorney's salary.
Mr. Fernandez: Thank you, Commissioner Plummer.
Commissioner Plummer: Send me a check.
9 Mayor Suarez: All right, we have a motion and a second and the ordinance has
been read. Any discussion? If not, please call the roll.
16 June 24, 1990
1
i
-r
AN ORDINANCE -
AN ORDINANCE REPEALING ORDINANCE NOS. 7245 AND 7247 IN
THEIR ENTIRETY AS APPEARING IN BASIC ORDINANCE FORM
AND AS CODIFIED IN THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BOTH ORDINANCES HAVING BEEN
ADOPTED SEPTEMBER 30, 1964 AND RELATING TO THE
ORIGINAL CREATION OF THE DEPARTMENT OF POLICE AND THE
DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES
RESPECTIVELY; FURTHER, CREATING THOSE TWO DEPARTMENTS
WHOSE AFFAIRS ARE TO BE ADMINISTERED BY DIRECTORS WHO
WHILE BEING APPOINTED BY AND SERVING UNDER THE
SUPERVISION AND CONTROL OF THE CITY MANAGER SHALL ONLY
BE REMOVED FROM THEIR POSITION BY JUDGMENT OF THE CITY
COMMISSION OR IN ACCORDANCE WITH THE PROVISIONS OF
STATE LAW; PROVIDING THAT THE RESPONSIBILITIES,
FUNCTIONS, AND DUTIES OF THE NEWLY CREATED DEPARTMENTS
REMAIN UNCHANGED FROM THOSE RESPONSIBILITIES,
FUNCTIONS AND DUTIES BEING DISCHARGED PRIOR TO THE
ADOPTION OF THIS ORDINANCE AND BY PROVIDING THAT ALL
FUNDS, PERSONNEL, RECORDS AND EQUIPMENT CURRENTLY
APPROPRIATED AND ASSIGNED TO THE RESPECTIVE
DEPARTMENTS AS OF THE DATE OF THIS ORDINANCE ARE TO
REMAIN SO APPROPRIATED AND ASSIGNED; REPEALING CITY
CODE SECTIONS 2-81, 2-82, 2-83, 42-1, 42-2, AND 42-3
IN THEIR ENTIRETY; AhD ADOPTING NEW CITY CODE SECTIONS
2-81, 2-82, 2-83, 42-1, 42-2, AND 42-3; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of June 7, 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:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
NOES: Mayor Xavier L. Suarez
ABSENT: Vice Mayor Miller J. Dawkins.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10744.
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: Item five. First reading, Coconut Grove's...
Commissioner De Yurre: Mr. Mayor, before we can do that, we have Carlos Font
here of the...
Mayor Suarez: Yes, I'm sorry.
Commissioner De Yurre: ...Kiwanis in Little Havana.
Mayor Suarez: Where is he?
Commissioner De Yurre: He's right over here. If he can come up and we can
present him our recognition...
Mayor Suarez: Please, Carlos, come around the back. We're taking you out of
turn here, Little Havana Kiwanis not here on time for a nice...
Commissioner Plummer: What is this?
Commissioner De Yurre: Come on up.
Commissioner Plummer: What is this?
17 June 28, 1990
g
Commissioner De Yurre: We're continuing with the presentation...
Commissioner Plummer: Oh.
Commissioner De Yurre: ...just showed up for their... They donated the sun
of $5,000...
Commissioner Plummer: That's all?
Commissioner De Yurre: It beats the hell out of nothing. So, it's greatly
appreciated, their effort, once again. You know, they're there for us when
needed.
Mayor Suarez: All righty, our photographer is not with us at this point so we
all miss out on pictures with Little Havana Kiwanis to be used in future
political campaigns.
NOTE FOR THE RECORDS AT THIS POINT, THE CITY
COMMISSION PRESENTED A CERTIFICATE OF APPRECIATION TO
LITTLE HAVANA KIWANIS FOR THEIR SPONSORSHIP OF THE
BASEBALL BROCHURE.
7. FIRST READING ORDINANCE: CREATE A COCONUT GROVE SPECIAL EVENTS DISTRICT
(BOUNDED ON THE EAST BY MARY STREET, ON THE WEST BY MCDONALD STREET, ON
THE NORTH BY OAK STREET AND ON THE SOUTH BY THE SHORELINE OF BISCAYNE
BAY) - LIMIT NUMBER OF SPECIAL EVENTS HELD WITHIN SAID DISTRICT - CREATE
COCONUT GROVE STANDING FESTIVAL COMMITTEE - ESTABLISH SUPPLEMENTARY USER
FEE.
Commissioner Plummer: I move item five.
Mayor Suarez: Item five has been moved. Carlos, individual Commissioners are
going to make appointments with you so that we can use the pictures with you
for future campaigns, you know, we want to...
(Laughter)
Commissioner Plummer: Yes, there's two immediate.
Commissioner De Yurre: Real quick.
Mayor Suarez: Coconut Grove special events district.
Commissioner Plummer: I moved it.
Mayor Suarez: Moved.
Commissioner De Yurre: Second.
Mayor Suarez: Seconded. Any discussion?
Ms. Marla Bercuson: Mayor, yes. My name is Marla Bercuson. I am the
executive director of the Coconut Grove Arts Festival. Our festival offices
are at 2980 MacFarlane Road, suite 204. Thank you for allowing me to address
you this morning regarding the proposed impact fee in this ordinance. I'm
here to tell you that the Coconut Grove Arts Festival is totally opposed to
the supplementary user fee created by this ordinance. The proposed impact
fee, we believe, is economically unsound, illegal, and highly discriminatory.
Commissioner Plummer: Wh000!
Ms. Bercuson: Wh000! Right.
18 June 28, 1990
M
Mayor Suarez: Hour much is it? -just so we have an idea?
Ms. Percuson: This year it's 50 percent in the proposed ordinance. This year
we paid $65,000 to the City of Miami for City services on Police, Fire Rescue,
Solid haste and Park Services. In addition...
Commissioner Plummer: Well, wait a minute. Just for the Mayor's edification,
the proposed fee is 50 percent of the inkind services rendered by the City.
That's what the fee actually comes about. In their particular case, they
would have to pay an impact fee of approximately $32,000. Theirs, without a
doubt, is the largest of the fees because they use more services of the City
than any other festival that takes place in the Grove. Now, just let me make
one comment and then I'll, let you go back.
Ms. Bercuson: Thank you.
Commissioner Plummer: The proposed impact fee, Mr. Mayor, was thought about
and brought about because of the unusual wear and tear on Peacock Park in
Coconut Grove, in particular, that the residents and the taxpayers of this
community have to maintain. Where a great number of the people who come
there, utilize the streets, utilize the park, are from out of the County, out
of the State. And yet, the taxpayers of the City are required to maintain the
level of park area and things of that nature and we don't have the money to do
it. So, that was the reason for the impact fee as proposed by the committee
and that's where it is today, I'm sorry. Go ahead from there.
Mayor Suarez: And up to now, the payment would have been only for those
services as they directly require. I mean, we were not footing those on this
festival.
Commissioner Plummer: Mr. Mayor, prior to this, there was no impact fee
whatsoever. In other words, it they went in there...
Mayor Suarez: OK, but on any police and fire services or anything else, solid
waste, they would have paid'it from the festival itself.
Commissioner Plummer: And that does not differ from today. The only
difference...
Mayor Suarez: Well, now we're going beyond that. We're trying to get...
they're saying that there's a lasting impact created by the festival in
question which affects, presumably, the quality of our parks and so on, and we
want an impact fee for that.
Commissioner Plummer: That is correct, sir. And that impact fee would be
just to the Coconut Grove area. For example, they had one festival that went
in there, unfortunately, on a rainy day and went in and cost the City, as I
recall somebody told me, in the neighborhood of twenty-five or thirty thousand
dollars to redo the baseball diamond because the rainy weather created a
problem. That problem of trucks going in there tore up the baseball diamond.
It had to be redone and the City had to pay for it, the festival didn't. So,
what they're saying is, that this money should be used in a special fund to go
back and keep and restore that area that is getting unusual wear and tear by
the great number of festivals that have taken place. The other key factor to
this ordinance, Mr. Mayor and my colleagues, is a factor that says that the
Coconut - I'm glad you finally showed up, Mr. Fitzsimmons - that the key
factor is that a great number of festivals are taking place in Coconut Grove
that are not related to Coconut Grove, that could easily go in other parks in
this community. That there are certain festivals, such as this one, that is
native and born and is Grove related, the Coconut Grove Art Festival. But
there are other festivals which are charitable events that have no relation to
Coconut Grove. One example is the Bed Race. That could just as easily go in
Bicentennial Park, Moore Park, any other park. But the one that is picked on
to the inconvenience of the residents of that area is continuously Coconut
Grove, Coconut Grove, Coconut Grove. So, it was felt by the committee, as it
was formulated by this Commission, that those that are there and have a
relationship, be given priority. But there should be a number of festivals
and street races - remember, when you have a bicycle race or a 5K race, it
ties up the streets. So that is the reason that this committee came out with
its recommendations. I'm sorry to take up that much time.
Mayor Suarez: OK, Marla, go ahead.
19
June 28, 1990
Ms. Bercuson: OK, thank you. The one thing I do want to point out though
from what you just said is we do not allow trucks or cars or any vehicles into
Peacock or Meyers Park during our festival.
Commissioner Plummer: Sweetheart, a million people wear and tear on the grass
and baseball diamond. Thank God you have a million people. OK?
Ms. Bercuson: Well, we don't have a million people and we do not allow trucks
and vans. However...
Commissioner Plummer: Huh?
Mayor Suarez: As long as you're mentioning that, let the administration
beware that in other parts of this City, when we have festivals, trucks and
vans and cars are driving into our parks and we should stop that. Please.
Ms. Bercuson: Absolutely. We have asked the Parks Department to stop that
also. Thank you, however...
Mayor Suarez: Well, the Parks Department probably overdoes it. I think
you're right and I don't see any representative of parks here.
Commissioner Plummer: Yes, they're here, right here, Diane.
Commissioner De Yurre: Well, let me ask you because I keep...
Ms. Bercuson: Yes.
Commissioner De Yurre: ...reading the paper every year saying that over a
million people went to the Grove Arts Festival. How many people actually go
there?
Ms. Bercuson: We think this year it was about 600,000. The one million has
always been a promotional figure. Since I've been the director, I have
tallying that down and I believe the actual figure is about 600,000 over the
3-day period. OK, thank you. Anyway, this year for the 1990 festival, we
paid $65,000 to the City of Miami for City services. In addition, during the
1990 festival, we were able to donate almost $75,000 to nonprofit
organizations for running our beer and our soda concessions. The Coconut
Grove Arts Festival gives it back to the community by allowing nonprofit
organizations to come in and sell beer and sell soda. Over the last few
years, the Coconut Grove Jaycees has received in excess of $100,000 to enable
them to run their projects. The other groups that were involved in this
year's festival by selling soda, include the Coconut Grove Chamber of
Commerce, which received $8,700; the Parent Resource Center Crisis Nursery
received almost $3,000 and the list also includes the Barnyard, the Boys Club,
= the Police Boxing Club, Miami Sundown Rotary, Kendall Rotary, new chapter of
Chi Eta Phi, Dade County Fire Fighters, and we also provide free space for
other nonprofits at which point, they receive a hundred percent of the
revenues from their concessions and these groups include the Gibson
_ Foundation, the local development center, and the Leukemia Society. If the
impact fee is enacted and based on this year's figures for the City services
bill, we will have to pay an additional $32,000. If the impact fee is
enacted, a majority of the monies donated to these nonprofits for running
their community organizations will have to be utilized by us. We will have to
keep that money to pay this fee. I certainly do not want to take money away
from the Coconut Grove Jaycees. I don't want to take money away from the
Chamber or the Parent Resource Crisis Nursery, or any of the other nonprofit
organizations. But if the impact fee is passed, the percentage of money that
they receive and right now, it's a fifty-fifty split between them and the Arts
Festival, will have to be drastically cut or eliminated. My next point, the
Coconut Grove Arts Festival also believes that this impact fee is highly
discriminatory. It applies only to a select group of festivals and it has
_ been targeted against us. Ostensibly, the fee would be imposed because the
festivals are located in the Grove. However, at least one major Grove
festival has been excluded, the Goombay. The special events district outlined
by this ordinance could easily have been included to include all of the Grove
festivals. I stand before you today without the political clout of the Orange
_ Bowl Committee, without the political clout of the Little Havana Kiwanis and
_ — know that there is no way you would impose an impact fee on the Orange Bowl.
Parade or Calls Ocho.
20 June 28, 1990
Commissioner Plummer: Just wait.
Ms. Bercuson: Why have you singled out the Coconut Grove Arts Festival to
bear the greatest burden of this new tax? We are not the Orange Bowl and
we're not Calle Ocho, but we are a beloved festival in South Florida and
certainly the economic impact of our festival is substantial. We believe that
by taxing our festival and by excluding the Orange Bowl, Calls Ocho, Goombay,
and others, that this is totally discriminatory and would not be held up to
legal challenge. We are a good citizen of South Florida. The dollars we
derive from the festival are given back to this community primarily benefiting
children in the arts. This yetar, we placed 60 artists through Dade County the
week of the Arts Festival. Kaleidoscopes were built in Liberty City, Bilk
screens were pulled in Little Havana, students in Coconut Grove learned the
history and the painting of American floor cloths. We had artists all over
this community. These are the most innovative and the most talented artists
working in this school today that were able to come in and teach our school
children. A Christmas Party is given annually for the children at Tucker
Elementary, we give funds to the Gibson Memorial Foundation and in the nine
months since I have been executive director, we have instituted three new
programs. The first is a contemporary art lecture series which will be held
at the Lowe Art Museum in the fall. Right now, we're currently negotiating
with Robert Rauschenberg, Jim Dine, Richard Estes, the foremost artists
working in the country today, to bring them to Miami for a lecture series for
the benefit of the entire community. Our Journeys Through Art program will
also be beginning with this school year, which will be a hands-on museum
experience for the children of this community. We will take children to
museums and galleries. We will pay for the buses, we will pay for the
admissions, we will pay for their lunches. We have instituted a community
grants program and at least $15,000 has been earmarked for nonprofit
organizations throughout this community to run their projects. These groups
are ones that have not been able to get into the festival because of limited
space and this is a way that we will be able to fund them in their very
worthwhile projects. In addition, the Adopt -a -park money, the $65,000 that is
sitting at the City of Miami is going to be repent soon. We have been meeting
with the Chamber, the Parks Department, and we are getting ready to redo and
revitalize Peacock Park. Our mission is a cultural and artistic experience
for the people in Dade County and putting money back into the parks and we are
doing that with the revenues that are derived from the parking at the Arts
Festival. The nonprofits that depend on our festival as a principal fund
raising activity for their entire fiscal year, will lose out. The dollars
that they receive from the festival will have to go towards our projects, our
projects are the primary mission of the Coconut Grove Arts Festival. These
cultural related experiences are our mission. Putting money back into the
parks is our mission, but we will do it ourselves. It will not be done by
nebulous five member committee that does not have our influence or our say to
it. As the executive director that has worked hand in hand with the Police,
Fire, and Sanitation Departments, I feel that you are penalizing us for having
such a large quantity and such a huge amount of City services. The Arts
Festival remains as one of the most popular family events in South Florida
today. It's safe, it's clean, it's inviting. The more I pay for City
services, the more impact fee I have to pay. Don't penalize me because I hire
ninety policemen instead of sixty. Don't penalize me because I have two Fire
Rescue units on call for three days, and not one. Don't penalize me because
three hours after the festival is over on Monday night, the streets are clean.
Don't penalize me for having more sanitation workers than I need. And this is
exactly what the impact fee is doing. Are we for festival policy? -yes. Are
we for rules and regulations? -yes. But any rules or regulations that this
nebulous committee is going to set are rules and regulations that our festival
already maintains. We set the highest standards of any festival, not only in
South Florida, but in the United States, as well. Every year we have
representatives coming into see the Coconut Grove Arts Festival from all over
the country. This year alone, festivals from Denver, St. Louis, and Boston
came into South Florida in February to see our festival. They talked to the
police, they talked to the parks, they talked to everybody to see how we do it
and how we maintain our high standards. This impact fee will hurt our
projects. You are going to cut off your nose to spite your face. Because we
have to come up with this money somewhere and it's going to come from the
nonprofits and I don't think that that's really what you want to do. I urge
you to vote no on this ordinance.
Mayor Suarez: Thank you.
21 June 28, 1990
t
•
0
Me. Bercuson: Are there any questions7 Anything about the Arts Festival you
would like to know?
Mayor Suarez: We've had a few. Let's hear from everyone else, please.
Ms. Bercuson: OK.
Commissioner Plummer: Mr. Mayor...
Mayor Suarez: Yes.
Commissioner Plummer: ...I would ask, if it's possible, that Mr. Fitzsimmons,
who is the spokesman for the committee is here and I would ask that he be
granted the permission to speak on behalf of the committee first and then we
can go from there.
Mayor Suarez: OK, let's get a report from the committee, Bob.
Bob Fitzsimmons, Esq.: The committee was assigned by the Commission to look
into the festivals. One of the things we found was that there weren't as many
festivals as we suspected. But they do get burdened into certain months. The
concept behind the committee was that the festivals do use Coconut Grove and
that they should be required to put something back into Coconut Grove. The 50
percent fee was calculated based on estimated City services. That was the
only objective figure that we could come up with to control it. We couldn't
control it on their profit and loss, because we don't have control over that.
This is something that is estimated by the City as required. If you go over
and above what the City requires, it doesn't change your impact fee. We tried
to measure it and we asked for input as to what would be prohibitive to
festivals or not. And so far, the 50 percent figure has been the most
accurate one. As far aP the residents in the area complained about street
closures primarily so the design was not to... allow only one per month and we
don't - with the two per month, we don't really cut out any festivals. There
are the same amount of festivals under the plan as there were before. We did
not target the Arts Festival. The Arts Festival, if it was the only festival
in the Grove similar to Calve Ocho, perhaps there wouldn't be the district.
But the problem is, there are festivals, it appeared or was the feeling of
residents, every week. That is not, in fact, the case. They do average about
every other week so we're just trying to limit it to that. Not to have
everybody from West Palm or from some place else in the State come to the
district to use it as a festival because the Coconut Grove name lends itself
to it. We thought it was a reasonable compromise to control the amount of
festivals and have the festivals put something back into the district. For
example, when the Arts Festival comes in, it draws a lot of people and it puts
a lot of wear and tear on the district; to a lesser extent the other festivals
do. They come in and these festivals do make money on Coconut Grove, all we
ask is that they put a small amount of that money back into the Grove. Now,
the committee, which was the design, I believe, of the Law Department, or
Commissioner Plummer, is controlled by the City. It his representatives
designated by the Commission. It's not a nebulous committee. It will be - it
holds its meeting in the Sunshine so I guess public will have comments on how
the money is spent. The intent is just to beautify the area where the
festivals are placed. So it is a self serving to the festivals as well. The
better the district looks, the better the festival will be.
Mayor Suarez: How was the fee set? I mean, I'm sure there's some...
Mr. Fitzsimmons: The fee, we...
Commissioner Plummer: The impact fee?
Mayor Suarez: ...grey area here as to how much - yes...
_ Commissioner Plummer: The impact fee was determined... we tried to come up
with many different formulas. If, for example, if it was gated, there would
be an attendance and so much like the surcharge. But we found that the only
fair way that was a definite on each and every festival was the in -kind
services provided by the City which gave you some measure and scope as to how
large the festival would be...
Mayor Suarez: OK, that...
22
,Tune
200
1990
Commissioner Plummer: ...and that was the only fair...
Mayor Suarez: ...all right, I see what you're saying. That as to, in a
comparative - internally comparative way - that makes sense because it
compares this to other festivals as to the number of people and so on. But in
the sense of the absolute calculation of what impact this actually had, this
is basically just a guess.
Commissioner Plummer: Oh, there's no question about that.
Mr. Fitzsimmons: It's a guess to a certain extent, but to a certain extent,
the impact can be measured by how many policemen, how many fire, how many
sanitation workers you need in that area during that time.
Ms. Bercuson: But there are many festivals who do not hire enough policemen
and there are many festivals who do not hire enough fire protection.
Mayor Suarez: Yes, that's another issue...
Ms. Bercuson: Right.
Mayor Suarez: ...and you brought that out very well that you, at least, are
covered as to what you have to have there by way of in -kind supporting
personnel. OK, but there is obviously, some grey area here. All right?
Anything further, Bob? If not, go ahead, sir, proceed. Give us name and
address and who you represent, if anybody.
Mr. Michael Payton: Good morning, my name is Michael Payton, I'm executive
director of the Miami Runners Club. Residence address, 14625 S.W. 64th
Avenue, offices at Tropical Box stadium. We feel that it's unfair to include
road races in the same category as street festivals. The impact of a road
race on the community is generally less than 90 minutes and on average,
concludes by 9:30, 10:00 a.m. The Miami Runners Club, which is a nonprofit
organization, along with other running clubs, and race organizers, provide
this community with numerous athletic activities which promote health and
fitness to young and old at no cost to the community. In the past three
years, we have watched cost for City services increase by more than 50
percent. During the Road Runners Club of America national convention, it was
learned that City services are provided at no cost to race organizers in many
cities throughout the United States. However, that is not the case here in
Miami. As a result, our race costs are substantially higher than elsewhere.
Of the more than 30 events which Miami Runners Club produces annually, only
three are staged in Coconut Grove. The Coconut Grove five miler, the Baby
Boomer 10K and 5K, and the Orange Bowl 10K. The Baby Boomer race has reached
national prominence, attracting elite runners like Bill Rogers, Frank Shorter
and Priscilla Welch. Having discussed the change of venue with our sponsors,
I knew that Baby Boomer would depart Miami if it were requested to change
venues. This would be a great loss to the more than 8,000 runners who support
our running events each year.
Mayor Suarez: How long is the race?
Mr. Payton: Baby Boomers, is a 10K.
Mayor Suarez: And, as Commissioner Plummer was just suggesting, couldn't it
be held at Bicentennial Park which would involve no fee whatsoever? -other
than...
Mr. Payton: We discussed that with our sponsors and they have said that if we
are directed to leave Coconut Grove, they will leave Miami. The whole...
Commissioner Plummer: See, that's where it's unfair. Everything wants to go
to the Grove.
Mr. Payton: ...feeling of the race lends to Coconut Grove.
Mayor Suarez: Well, there is a point at which whether - which that kind of
decision will be precisely what we're trying to induce. We just have so many
in Coconut Grove, you see.
23 June 20, 1990
0
Mr. Payton: Agates, we do over 30 events annually, only three of our events in
Coconut Grove. They are distributed throughout the entire community, plus we
work 52 weeks a year, 365 days a week...
Commissioner Plummer: Well, let me ask one question and I think it's really
the basis. What relationship does your run have to Coconut Grove? See,
that's the point. That everybody... Coconut Grove is popular, OK? It's the
hot spot and the residents are saying, hey, if it has some relation to Coconut
Grove, that's fine. But your race, in effect, could be run in Bicentennial
Park. There are many other races that are run there. It could be held in any
number of other places. Why do the residents of Coconut Grove have to be
settled with most all of the festivals? Your race does not have a direct
relation in any way to Coconut Grove.
Mr. Payton: Well, the Coconut Grove 5 miler this year will be run as its 13th
annual. It is the premier kick off race for the racing and running community.
It has a long standing in the community. Our sponsors are looking for
= tradition and stability. I can't tell a sponsor from year to year that their
race may be held elsewhere. And we are totally dependent upon outside
sponsorship.
Commissioner Plummer: Of course.
Mr. Payton: Race entry fees only cover about 30 percent of our costs. So
without sponsors, we have no road race. Without the road races, we do not
generate the funding we need to maintain our programs that benefit the
community.
Commissioner Plummer: How much were your in -kind services last year?
Mr. Payton: In -kind services?
Commissioner Plummer: From the City?
Mr. Payton: Zero.
Commissioner Plummer: No, no, I'm sorry. How much were your City services
tab last year?
Mr. Payton: The...
Commissioner Plummer: For police, fire, sanitation and whatever. How much
did you pay the City?
Mr. Payton: In the events in Coconut Grove, it was probably three or four
thousand dollars.
Commissioner Plummer: So you're talking about a $1,500 impact fee.
Mr. Payton: Probably 50 percent of the races that we do are non -sponsored,
that we underwrite through Miami Runners Club.
Commissioner Plummer: Yes, but you see, I'm tired of repeating myself. If
you held that event in Bicentennial Park, you don't inconvenience any of the
residents. It's in a totally enclosed area. You could probably use less
police because you don't have to block off streets and what we're saying is,
simply, that Coconut Grove should have its fair share like every other park,
but none of the other parks are getting - you got Watson Island could be used
for a running race.
Mr. Payton: As I said, we do...
Mayor Suarez: How many, how many... wait, wait, how many people participate
in those three that you just referred to?
Mr. Payton: The three events that we do in Coconut Grove, I would say that
the entries run from 1,000 to 2,500.
Mayor Suarez: Per one.
Mr. Payton: Per event.
24 June 28, 1990
L
Mayor Suarez: If you add all of those and you divide that by the amount of
money...
Commissioner Plummer: It's a dollar.
Mayor Suarez: ...that was just calculated, I think it will be a fraction of a
dollar.
Commissioner Plummer: You have three running races in the Grove?
Mr. Payton: Three that we do in Coconut Grove.
Commissioner Plummer: How many running races are there total? -because
there's others.
Mr. Fitzsimmons: Five or six.
Commissioner Plummer: Yes, then you have the bicycle races which have three
or four or five. And that's where it's getting over staggering to the
residents. Period, Amen.
Mayor Suarez: It really is overwhelming the Grove and that's, you know... but
anyhow, we've heard your statement and it sounds like...
Mr. - Payton: Our concern is that road races and street festivals are two
different animals. We're generally out of the community before most of
Coconut Grove even wakes up.
Commissioner Plummer: It's not to the residents. To the residents, it's an
inconvenience.
Mayor Suarez: Well, but that is taken care of in the formula by the fact that
we're calculating as against the services that you are paying for and it seems
to be internally consistent. It would say - I won't get into the issues of
horizontal and vertical equity that you study in school of... All right, sir.
Mr. Payton: Thank you.
Mr. Barry Victor: Good morning, Mr. Mayor, Commissioners, Mr. Manager. My
name is Barry Victor. I'm on the board of directors of the March of Dimes,
South Florida Chapter, and have been... pardon me?
Commissioner Plummer: Conflict.
Mr. Victor: And have been past chairman of the Walk America, which, as you
know, for the past several years we begin our walk in Coconut Grove and then
go through four City jurisdictions and end up back at Coconut Grove. March of
Dimes is a nonprofit, charitable organization. We - let me answer Mr.
Plummer's question before he asks it - no, we don't directly have anything to
do with Coconut Grove. However, as a charity, we do give back to the
community including all of the City of Miami. In a recent board meeting, we
had a report from our health professional organization that is saying now,
locally we are giving back 50 percent of the monies that are raised are going
back into the community as opposed into strictly into research. We have a
program called Babies and You that I have brochures about which is a...
Mayor Suarez: Let me really ask all the presenters to avoid the merits of
their particular program or charity or whatever, you know, and address the
merits of this ordinance. How will it affect the staging of your particular
event. How is it unfair as regards others. How, you know, will you have to
react to it? Why is it too much? Presumably... What amounts might make
sense. If you get into the issue March of Dimes versus the Runners Club or,
you know, the Coconut Grove Arts Festival, and where the monies end up. We
could just as easily take the money ourselves. We've stated this before. For
anything that involves a subsidy by the City or an impact to the City and just
give it to these charities. So we would be at the same place and we wouldn't
have to have an event at all. So, you know, please tell us about why this fee
doesn't make sense from your perspective, or it's too high or what you suggest
in lieu of it or how do we get out of this jam of having the Grove overwhelmed
by festivals?
Commissioner Plummer: That's the answer.
Mr. Victor: I understand your point, Mr. Mayor, and the point that I was
trying to make was to address Mr. Plummer's question to each of us about how
are we directly affecting Coconut Grove. And...
Commissioner Plummer: No, my question was, how do you relate to Coconut
Grove?
Mr. Victor: OK, we do not, specifically to Coconut Grove and that was the
point I was trying to make.
Commissioner Plummer: Yes.
Mr. Victor: We do relate, however, to the community at large, including
Coconut Grove.
Commissioner Plummer; No question.
Mr. Victor: We have a program that goes out to - and that's the point that I
was trying to make here, if I could just elaborate for one second, Mr. Mayor.
The Babies and You program is a new program that we go into corporations, at
their request, into associations and give a whole program on prenatal care.
It is totally free to the corporation, including Coconut Grove. And that's
the point I'm trying to make, but it is not specifically related to Coconut
Grove. Whether the impact to us or not, obviously, the bottom line to any
charity is what percentage of the monies that we raise are going back to the
cause itself as opposed to fees, administrative costs, etcetera. The March of
Dimes has one of the highest percentages of fees going toward the cause
itself. The local chapter, our chapter in South Florida, has about 92 percent
that goes back to the cause and nationally, it's in the high 80s for the March
of Dimes. Any fee that we would have to pay over and above what we're paying
now, obviously reduces that percentage or any of the bottom line dollars going
back to the March of Dimes.
Commissioner Plummer: Approximately how long is your march?
Mr. Victor: It's a 20K march.
Commissioner Plummer: The point that I was trying to make, you could just as
easily have that in Bicentennial Park. Why?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Victor: It's a 20 kilometer march. It's not only in Coconut Grove, Mr.
Plummer. We started in Peacock Park, we actually go through four city
jurisdictions. We go through the Grove, we go through South Miami, Coral
Gables, and the City of Miami. Incidentally, City of Miami is one of the co -
hosts and has been in the past. I have a lot of the literature with us that
shows the City getting the recognition for that as well, as a co -host. The
walk itself ends back at Peacock Park. We had approximately 9,000 people
there this year. It runs only on the Saturday every year, and next year it's
tentatively scheduled for the first part of April, and that's approximately
the date that we've used over the last several years. We do receive in kind
services from ttie City, and we also pay for many services. We obviously
request that if this ordinance is passed, that any special exceptions could be
made for the March of Dimes or, obviously, we would support that the ordinance
not be passed. Are there any others questions about - without getting into,
Mr. Mayor, what the March of Dimes is and...
Mayor Suarez: Too much, I mean, you know, have an idea.
Mr. Victor: ...about the walk itself, what we do, what impact we may have on
the Grove itself.
Mayor Suarez: What would be your estimated fee? -impact fee, in addition to
the other costs? Has staff calculated that or...
Mr. Victor: This is Gene Watkins, staff member of the March of Dimes.
Mayor Suarez: What was your cost for services last year?
i
Ms. Jean Watkins: The police fees were around $2,600. The park fee alone was
close to $1,200 plus other...
Mayor Suarez: A little bit over $4,000 total, so we're talking about maybe
adding another $2,000.
Ms. Watkins: Yes, somewhere in that range.
Mr. Victor: Mr. Mayor, this year, this past year that did not include that we
did not use Exhibition Center. We have in the past, but it was a conflict so
we didn't use it. In the future, and as well as next• year, we have that
reserve.
Mayor Suarez: I just wanted to get an estimate - but it sounds to me like we
could probably do with a lower fee, Commissioner, as a compromise here.
Commissioner Plummer: I don't think that the rental you would pay on the
auditorium would be covered under the impact fee as I understood it.
Mayor Suarez: OK.
Mr. Victor: Thank you.
Mayor Suarez: Coconut Grove Chamber.
Ms. Tricia Naron: Good morning, my name is Tricia Naron, I'm the executive
director of the Coconut Grove Chamber of Commerce, and I probably have
something to say this morning that will probably surprise you. The Coconut
Grove Chamber of Commerce is in support of the idea of the surcharge and the
festival district. We do have one reservation, that the fees be reduced to 25
percent. Also, we would like to see that Coconut Grove Civic, residential
groups...
Mayor Suarez: That the fees be reduced to 25 percent?
Ms. Naron: Yes, sir.
Mayor Suarez: That's half of the what's proposed now.
Ms. Naron: Yes, sir. We would like to see Coconut Grove Civic and
residential groups be appointed to this committee by the City Commission. As
Marla stated earlier, there are festivals that take place in the Coconut
Grove area which voluntarily contribute to a fund for the beautification of
that area. The Coconut Grove Arts Festival, the Banyan Festival, the Seafood
Festival, King Mango Strut, and Taste of. the Grove. Thank you.
Mayor Suarez: Very good. Shortest statement ever. The Coconut Grove Jaycees
are not going to get any more money from the City of Miami forever and ever
and ever and ever. There's nothing you can say that will change our mind.
But try.
Mr. Chris Korge: In fact, Mr. Mayor, we have never gotten money from the City
of Miami.
Mayor Suarez: Oh, from the Coconut Grove Arts Festival you do, from the
parking concessions.
Mr. Korge: I would like to tell you about the problem that this is going to
- - pose for the Coconut Grove Jaycees, which you know has approximately a
thousand members, and over the last eight years has raised over...
Mayor Suarez: Yes, but you haven't given any of us the mailing list so that
we can campaign with that mailing list, so what good is your thousand members?
Mr. Korge: Mr. Mayor, the problem...
Commissioner Plummer: Why are you so interested in campaigns and you don't
run next year? I mean, if you're doing it for me, I thank you, but...
Mayor Suarez: I'm trying to help you out, J. L.
27 June 28, 1990
Mr. Korge: He wants to run a-rly. The problem that this is going to pose for
the Coconut Grove Jaycees which has given so much to the community and is in
Coconut Grove as Commissioner Plummer's asked several people, what's your
relationship to the Grove. And has beautified Coconut Grove by probably
planting 500 trees in Coconut Grove over the last decade and raised money for
Coconut Grove Cares and cleaned up the Grove and everything else you can
imagine under the sun is that our main source of revenue for running this
chapter is the Coconut Grove Arts Festival As you heard from the executive
director of the Coconut Grove Arts Festival, the effect of this kind of fee is
that it's going to come out of our pocket, not the Coconut Grove Arts
Festival's pocket, but our pocket. We will not be able to operate and do all
the things which I assume Mr. Fitzsimmons is claiming this money can be used
for. So what I would suggest to you, number one, is I understand the issue of
control of festivals. After all, it was the Coconut Grove Jaycees that have
created several of the events that occur here, from the King Mango Strut to
being part of Taste of the Grove to originally the Bed Race being involved,
etcetera, etcetera. And I understand that, and I think that creating a
committee to have some control over that is all well and good, but on the
other hand, I think it would be a travesty and an injustice to take away
funding from an organization and potentially other charities that are doing
good work in Coconut Grove and in the City of Miami, and taking away an
opportunity for young people to be able to fulfill some of their charitable
obligations that they feel they have. So, what I would suggest to you is one
of two things. Either not having a fee, or having a fee that's related more
to profit motive festivals, that are not charitable based, or give some sort
of credit when there are charities that are involved in festivals, and there
is money being given to those organizations.
Mayor Suarez: Give us a single example, Kris, of one that is profit
motivated. I don't... they all claim that somehow, sooner or later, all the
funds are delivered over to charities whether they also promote certain
industries or not in the process.
®Mr. Korge: Well, and that may be so, but perhaps if you can create a credit
_ for money that goes back into the City of Miami somehow, where the
organization has some flexibility in doing what it does best like the Coconut
Grove Jaycees. I mean, after all, the Adopt -a -park for example, that was
started in for the Coconut Grove was started several years back when we took
over parking at City Hall. We used that when it was never utilized before,
and there's already $65,000 in that fund, in conjunction with the Coconut
Grove Arts Festival Association. So, I would just suggest that before you
hastily enter into something with an impact fee, which conceivably could have
just a totally devastating effect on a good organization like the Jaycees, you
would reconsider, or also perhaps let them have some more input and there be
further discussions about this.
Mayor Suarez: Anything further? If not, I guess we have to bite the bullet
here.
Mr. Victor: Mr. Mayor, can I just distribute these, they're some brochures
from the March of Dimes.
Mayor Suarez: Yes, please, and enter into the record anything you'd like in
support of your position here. Anything further, Bob?
Mr. Fitzsimmons: Yes...
Mayor Suarez: We can get on to some other items?
Mr. Fitzsimmons: I just wanted to clarify one thing. The Runners
organizations were concerned that they're not so much about the impact fee but
about the number of racos, whether they would be allowed. Based on a formula
of having been there for five years, that they would not be eliminated as long
as they've been for five years. So their concern was elimination which was
not a realistic concern. They have their events, their events are
grandfathered in so that would not be eliminated. The other comments about
taking money away, for instance, for the Arts Festival, they put money away
already into the program to go back into the district. All we're asking is
that the Commission control, that make sure that money goes back in. So it$$
not coming out of the organization. Mr. Mayor, one last thing. Is it
possible to change to provide that the committee, if this passes, would be
Coconut Grove business or residents as opposed to Citywide? Or is that not
permitted?
28 June 28, 1990
Commissioner Plummer: I'm sorry, I did not hear the question.
Mr. Fitzsimmons: In other words, the draft of the ordinance provides that the
committee be residents or business people in the City of Miami. to it
possible to limit that into the village of Coconut Grove, or to the impacted
district?
Commissioner Plummer: I have no problem with that. Even I would say that -
well, no, I was going to say residents of the so called created district. I
have no objections to that, that the committee members, would have to be
from - have a direct relations to Coconut Grove.
Mr. Korge: Mr. Mayor, is there any chance that this thing getting further
study? I mean, I - the Coconut Grove Jaycees have not really had any input
whatsoever into this ordinance.
Commissioner Plummer: No, that's not true. You were invited. OK? This
committee had, I think, six public meetings which we sent out questionnaires,
we sent out and invited people to come and testify before the committee. This
committee went through extensive amount of hours of study in which we, at
every meeting, invited every participant of any festival, directly or
indirectly, to come before and testify before that committee. Now, I'm sure
if you had a festival, that you were invited...
Mr. Korge: Well, we've always...
^commissioner Plummer: I can tell you the Art Festival was there because they
came and did, in fact, testify before the Committee. OK? So, if you're
saying that dovetailing on the Art Festival, there was plenty of input by the
Art Festival.
Mr. Korge: Well, but we... you know, it may be true, Commissioner Plummer,
that they got a notice. I don't know.
Commissioner Plummer: No, I... no, no, no, they did get a notice because they
appeared. I can tell you that on at least two and I think three occasions,
the representatives of the Arts Festival of Coconut Grove appeared before the
Committee.
Mr. Korge: But their interest is totally different than the Coconut Grove
Jaycees interest. I just want to point that out.
Commissioner Plummer: Hey, OK.
Mayor Suarez: Commissioner Alonso.
Commissioner Alonso: I agree that we have to have some limitations. Coconut
Grove have all kinds of festivals. I too have problems with the fee. I find
it very high, especially, I think it will affect several organizations and
festivals so maybe if we were to consider a reduction on that fee, I will go
along with it. If not, I'll have to vote no on this.
Commissioner Plummer: The question has to be, to you, Commissioner, what do
you consider to be a fair fee? See, we tried every formula.
Mayor Suarez: I would go along with the suggestion of the Chamber.
Commissioner Alonso: With the suggestion. Yes, I would too.
Commissioner Plummer: Of the 25 percent?
Commissioner Alonso: Yes.
Commissioner Plummer: Fine with me. Based on the amendment of 25 percent, I
will move item four.
Mayor Suarez: So moved.
Mr. Jorge Fernandez: Point of clarification, Mr. Mayor. There was another
suggestion made and that is to change the residency requirement to be either
businessmen or residents of the Coconut Grove area.
I*
E
Mayor Suarez: OK, that's built into the motion.
Commissioner Plummer: I have no problem with that.
Mayor Suarez: And the second.
Commissioner Alonso: Yes, second.
Mayor Suarez: OK.
Ms. Bercuson: Excuse me, Mr. Mayor, is it ...
Mayor Suarez: Clarification, we'll take it as a clarification.
Ms. Bercuson: Thank you. Will the Arts Festival have a representative on
this committee since we will be providing the most money into the funds?
Commissioner Plummer: Maybe. Maybe.
Mayor Suarez: Well, we can't do it quite that way, but as Commissioners
Indicating, we are going to be attentive to that priority.
Commissioner Plummer: You can't write it into the ordinance.
Mayor Suarez: It makes sense to have a member. If we do it by fixed
membership quotas and all of that, we're going to go crazy here.
Ms. Bercuson: But you will let us give you some input on to your membership.
Mayor Suarez: You certainly are giving us a lot of input.
Ms. Bercuson: But, as to your membership selection?
Commissioner Plummer: If it's anybody but Kris Korge, you can give us input.
Ms. Bercuson: We will be allowed to give you some input?
Mayor Suarez: Sure, oh, yes, absolutely.
Ms. Bercuson: Thank you.
Mayor Suarez: I have a feeling even if we tried to keep you from giving us
input, you would give it to us.
Ms. Bercuson: I think you're right.
Mr. Victor: When I was speaking before you had mentioned that possibly, with
regard to the March of Dimes, a reduced fee could be considered. Would that
be something on a special case situation you would do and...
Mayor Suarez: We're trying to do this really universally. I mean, if we're
going to go make individual exceptions, we're going to go back to the old
system that we used to have, everybody coming up here and asking for a special
exception. You know, all the causes are worthy, and we just reduced the fee
proposed by half, and I know J.L. is crying already, I can tell.
Commissioner Plummer: Mr. Mayor, I merely served... let me make the record
clear.
Mr. Korge: Can I make another clarification point?
Mayor Suarez: Maybe we could make it a little smaller.
Commissioner Plummer: I served as a chairman, asked by this Commission, to
serve to try to come, bring some sanity to the Coconut Grove area at the
demand of the residents who came here screaming and hollering. This is -
whatever is this Commission's, I'm trying to come about what you asked me was
some rules and regulations, and this is what came out of the committee. I
have no objection to the 25 percent. We just felt that, we, the committee
felt, that it was the only fair way to do it.
30 June 26, 199Q
l J
Mayor Suarez: All right...
Mr. Marshall Steingold: Mr. Mayor, Mr. Mayor...
Mayor Suarez: We have a motion and a second.
Mr. Steingold: Could I clarify something?
Mayor Suarez: Marshall.
Mr. Steingold: Marshall Steingold, one of the organizers of the Taste of the
Grove, Seafood Festival. You all know me, I participated in a lot of the
other festivals. I think by passing something like this, the City Commission
will be making a serious mistake for the City of Miami, and you'll be making a
mistake for Coconut Grove. While Coconut Grove used to be one of the most
thriving communities in the City, now a lot of the business and the night life
and a lot of the fun aspects of it have been taken over South Beach and Miami
Beach...
INAUDIBLE COMMENTS NOT ENTERED INTO THE RECORD.
Mayor Suarez: Mr. Manager, please.
Commissioner Plummer: Just for the record...
Mr. Steingold: ...by people over at Bayside. Coconut Grove is one of the
best areas except now we're doing something, too little too late, and the
money that's being taken from the festivals that do have City services, some
of them don't make any money. So now, you leave them absolutely no choice.
You back them into a wall and you say, either your pay or you're out of here.
And if that is the objective...
Commissioner Plummer: No, no. Marshall, that's not true. We're not saying
that you've got to...
Mr. Steingold: ...then you're doing a great job because once we lose these
festivals, then we'll have to sit down with another committee and devise ways
to be able to bring them back.
Commissioner Plummer: We're not saying that you can't hold your festival.
We're saying that if you hold it in Coconut Grove, that you're going to have
to pay a fee.
Mr. Steingold: OK.
Commissioner Pluirlmer: You can take your Taste of the Grove. If you don't
want to pay i, ther. you can go to Bicentennial...
Mr. Steingold: Three things, Commissioner. Three things. Number one, if
you're going to include all festivals, then you need to include all festivals
and that means everything, including Goombay. Number two, if you're going to
impose a fee, it's only right that you should tell festivals organizers and
every taxpayer in Coconut Grove exactly what that fee is going for. And
especially when other festivals are now raising money by themselves, and
working with the Parks Department to put money back into Peacock Park, then
how is this money being matched with the money you're talking about? And,
third, and most importantly, festivals organizers, especially in Coconut
Grove, are some of the most creative people we have on the face of this
planet. If you put Marla and the other people and myself in a room, I'm sure
we could determine a way to raise thousands upon thousands of dollars for the
City and for Peacock Park, and I challenge the Commission to accept something
like that to put us together to be able to raise the money you're talking
about, and save Coconut Grove as a terrific place for everyone.
Mayor Suarez: Come up with a new Charter for the City of Miami while you're
devising great ideas together.
Mr. Steingold: It's what made Coconut Grove great. Let's keep Coconut Grove
great, accomplish what you're saying, but not impose a fee that will move half
the festivals out.
31 June 26, 1990
Mayor Suarez: Marshall, it can't be that much. What is it on Taste of the
Grove? -what impact have you calculated?
Mr. Steingold: Taste of the Grove is between twenty and thirty thousand
dollars. I think last year it was about $25,000.
Mayor Suarez: So a quarter of that...
Commissioner Plummer: The City services?
Mr. Steingold: For City services alone; police, fire, Parks Department...
Mr. Fitzsimmons% Taste of the Grove?
Commissioner Plummer: I don't think we saw numbers that high, anywhere near
that high.
Mr. Steingold: See, you're basing something on City services, but I just want
to say one thing about City services. Everyone has to pay City services, no
matter what...
Mr. Fitzsimmons: Seventeen thousand.
Mr. Steingold: ...Community Development.
Commissioner Plummer: Seventeen?
Mr. Fitzsimmons: Seventeen thousand for City services.
Mayor Suarez: It's a little bit over $4,000.
Mr. Steingold: No matter what City services are imposed by Community
Development and Parks Department and Police, everyone has to pay them. But if
an event does not do well, they still have to pay those services. If an event
does do well, they would participate with more funds.
Mayor Suarez: We're talking about a fee. Taste of the Grove, $17,000. This
would add another $4,000 plus. The other day, we had a benefit at
Stringfellows, one club. It was $5,000 obtained, derived from one evening. I
mean, and I don't know if they've been asked to participate in Taste of the
Grove, but...
Mr. Staingold: With all due respect, Mr. Mayor, you're missing the point. If
the objective is to keep festivals from coming into Coconut Grove, then let's
name a new festival that came into Coconut Grove over the past three years.
There are none. Do you want to know why? Because fees have gone up
substantially in the last five yearn. Number two, if your objective is to
raise money for Peacock Park, because Parks Department...
Mayor Suarez: And because people have told us, please, no more festivals in
the Grove, we're swamped, we're, you know, kept from going to our homes
by...and some that are great were woken, wake, woken up - whatever the term
is - in the middle of the night by the running events. We got tons of that
stuff.
Mr. Steingold: But that's nothing that we have to worry about. As I said, in
the past three years, you can't name a new event that's come into Coconut
Grove.
Mayor Suarez: Everybody can...
Mr. Steingold: The City fees are high enough.
Mayor Suarez: I'm not sure we want any new. We were thinking maybe that we
ought to reduce them. That's what they came here requesting, the citizens.
Mr. Steingold: If the objective on imposing a fee is to raise money for the
park, then tell us exactly where the money is going to go before the fee is
imposed.
Mayor Suarez; Well, that's another interesting point. What is the answer on
that, J.L.?
32 June 20, 1990
2
Commissioner Plummer: There is a committee that will be formed that will
formulate the highest priorities for the need which all - and this is very
important - all of that will be recommendations to this Commission for the
allocation of funds.
Mr. Steingold: OK. I submit that the City should say exactly where that
money is going to go before its raised. To Jaycee...
Commissioner Plummer: It will go back into the district.
Mr. Steingold: OK, the same thing as the money the Jaycees collected from the
Arts Festival for parking. That went back into the district, but it's been
sitting in the City coffers for four years.
Mayor Suarez: OK, as a statement of policy, I will accept and suggest and
hope that the movant will make that part of his motion. That the monies will
be somehow recycled back into the district in question.
Commissioner Plummer: Oh, no, that's in the amend.. that's in the wording.
Mayor Suarez: All right.
Mr. Fernandez: It reads like this: "All revenues derived from said
supplementary fees shall be deposited in an account known as the Coconut Grove
Special Events District Fund, and shall be utilized for maintenance,
improvement, and beautification of Peacock Park and the Coconut Grove special
events district.
Mr. Plummer: We wrote that in.
Mayor Suarez: All right, we have a motion and a second. Read the ordinance,
please.
Commissioner De Yurre: But is that money going to be used on top of the
normal allocation for the park?
Commissioner Plummer: Correct.
Mr. Fernandez: Yes.
Commissioner De Yurre: Because I don't want it - you know, the allocation,
for example is $200,000, now we're getting fifty thrown in, then you pull out
fifty, . .
Commissioner Plummer: No.
Commissioner De Yurre: ...and then you still end up with the two hundred.
This is going to be over and above the normal allocation for that park.
Commissioner Plummer: Very definitely. It was the feeling that,
unfortunately, no park really gets the full allocation that is needed. This
park gets more wear and tear, and those monies would address the redoing of
the park up and above what is allocated by the City in the budget.
Mr. Fernandez: Yes, otherwise with those two modifications that have already
been made, which is reducing from 50 to 25 and the residency requirement.
AT THIS POINT THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY
TITLE ONLY.
Mr. Steingold: And include Goombay Festival. If you're going to do it for
all events, you'd better include all events.
Mayor Suarez: Please, Marshall, you're so out of order at this point that
it's like...
Commissioner Plummer: No. Let me answer...
Mayor Suarez: What is the justification for excluding Goombay, as long as
we're on a clarification?
33 June 28. 1990
Commissioner Plummer: The justification is Goombay only uses the street.
They do not use the park.
Mr. Steingoldt So does the Banyan Festival.
Commissioner Plummer: I'm telling you that that was the reason that we
excluded and only went to 32nd Avenue.
Mr. Steingolds If you're excluding one, it opens the door for the exclusion
of others.
Mayor Suarez: OK, we've heard the arguments.
Commissioner Plummert There's not an exclusion.
Mr. Steingold: Banyan Festival is the same way. They only use the street.
Same thing.
Mayor Suarez: We have a motion and a second. The ordinance has been read.
Any further discussion from the Commission? If not, please call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE CREATING A COCONUT GROVE SPECIAL EVENTS
DISTRICT BOUNDED ON THE NORTH BY OAK AVENUE, ON THE
SOUTH BY THE SHORELINE OF BISCAYNE BAY, ON THE EAST BY
MARY STREET AND KENNETH MEYERS PARK, AND ON THE WEST
BY MCDONALD STREET, COMMODORE PLAZA AND PEACOCK PARK;
LIMITING THE NUMBER OF SPECIAL EVENTS HELD WITHIN SAID
DISTRICT; CREATING AND ESTABLISHING THE COCONUT GROVE
STANDING FESTIVAL COMMITTEE; ESTABLISHING A
SUPPLEMENTARY USER FEE FOR SAID EVENTS; PROVIDING FOR
A REPEALER PROVISION, SEVERABILITY CLAUSE; AND
PROVIDING FOR INCLUSION IN THE CITY CODE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Alonso and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
_ Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Miller J. Dawkins
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mr. Korge: Mr. Mayor, Mr. Mayor, when this is scheduled for second reading,
could it be scheduled for after 5:00 o'clock because there are several people
that want to speak on it.
Mayor Suarez: Yes, would the City Manager please make sure that they...
Commissioner Plummer: That's after 5:00 a.m..?
Mr. Victor: May I have clarification on what the residency requirement is? -
you said the business has to have...
Mayor Suarez: How was it finally stated? I think the administration can
clear that up for you.
Commissioner Plummer: The members of the committee will have to be directly
related in some way to Coconut Grove, either through business or residency.
Mayor Suarez: OK, I... wait, wait, now I can't have people coming up to the
microphone. You're going to have to identify yourselves and be recognized,
You just simply cannot grab the microphone, you're out of order. The
clarification has been made. Anything further on that from any Commissioner?
34 June 28, 1990
t f=
8. APPROVE ADMINISTRATION'S REJECTION OF PROTEST RECEIVED FROM AVMARK,
INC., CONCERNING SELECTION OF CONSULTANTS FOR THE AIR TRANSPORTATION
FACILITY AT WATSON ISLAND.
------------------------------------------------------------------------------
Mayor Suarez: OK, we're going on to item six. Approving the Chief
Procurement Officers rejection of a protest received from Avmark, Inc. in
connection with selection of consultants for the air transportation facility
on Watson Island.
Mr. Odio: The reason for it was that the RFP required that each proposal
contain proof of incorporation. And this was not provided by this consultant
team.
Mayor Suarez: No incorporation?
Commissioner Plummer: What are you asking us to do? Throw this one out?
Mr. Odio: Yes.
Mr. Fernandez: As a protester.
Commissioner Plummer: Throw out the protest.
Mr. Fernandez: Right.
Commissioner Plummer: So move.
Mayor Suarez: So moved. I take it they're not here. OK, let the record
reflect they didn't step forward to protest the...
Commissioner Plummer: This does not select anyone else.
Mr. Odio: No, the next item will.
Commissioner De Yurre: Second.
Mayor Suarez: Seconded by Commissioner De Yurre. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-469
A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S
REJECTION OF A PROTEST RECEIVED FROM AVMARK, INC., IN
CONNECTION WITH THE SELECTION OF CONSULTANTS FOR THE
AIR TRANSPORTATION FACILITY AT WATSON ISLAND.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Miller J. Dawkins
Mayor Suarez: Item seven. I don't believe this is one of the ones that the
Commissioner... OK, seven through 12 were requested by Commissioner Dawkins to
be heard a little bit later on when he's able to get back.
35 June 20, 1990
it
Commissioner Alonso: Seven through....
Commissioner Plummer: Seven through 12.
Mayor Suarez: Is that correct? Seven, eight, nine, ten, eleven, and twelve.
NOTE FOR THE RECORD: Items 7 through 12 were deferred
until Vice Mayor Dawkins arrived.
9. REFER TO CODESIGNATION REVIEW COMMITTEE MANUEL VAZQUEZ'S REQUEST FOR
CODESIGNATION OF STREET IN HONOR OF CELIA CRUZ.
Mayor Suarez: Item thirteen. Personal appearance. Manny Vazquez, counselor.
Mr. Manny Vazquez: Good morning. Manny Vazquez.
Mayor Suarez: I think the reason that we asked that you make a presentation
at this point is that our codesignation committee is sort of slow in...
Mr. Vazquez: Well, I was...
Mayor Suarez: ...getting its act together to put, for lack of a better
term...
Mr. Vazquez: ...before this Commission back in September, October last year
and the Commission approved favorably our request and I was referred to a
committee that I don't think existed at the time.
Mayor Suarez: And it still hasn't considered your petition after all these
months?
Mr. Vazquez: No. I was hoping that it was... we could have done it for the
Calls Ocho Festival, but...
Mayor Suarez: If we were inclined - let me see something, Manny...
Commissioner Plummer: I thought we were only going to designate one block.
What happened? Excuse me. What happened to this Commission's policy that
said, in the future, we were only going to at best designate one block? ...
five blocks.
Mr. Jorge Fernandez: That is part of the standards that's being considered.
Mr. Odio: This will come back. When it comes back, it will come back that
way. But right now...
Commissioner Plummer: Oh, OK.
Mr. Odio: ...I didn't place...
Commissioner Plummer: This is just what you're saying is a request?
Commissioner De Yurre: But what's actually happening with the committee that
was set up?
Mr. Fernandez: On July the 12th, second and final reading will be had on the
ordinance that formally establishes the committee and all the criteria that
would be applied. So...
Commissioner De Yurre: I thought it was up and running months ago.
Mr. Fernandez: No, no, the committee that was off and running was the
organizing committee that was structuring the ordinance that would come back
to you with the standards and the membership in the committee.
36 Juno 28, 1990
y,; r
Mayor Suarez: The conceptualizing committee that would lead to the
transitional committee and eventually the actual committee.
Mr. Fernandez: No, no....
Mayor Suarez: In the meantime, Mr. City Attorney, if we were inclined to just
proceed as we have done in the past with Commission determination on this
issue, could we do that?
Mr. Fernandez: Yes, you could.
Mayor Suarez: While the committee gets its act together.
Commissioner De Yurre: Well, when is it coming back? -July 12th, you said?
Mr. Fernandez: July 12th, it would be that ordinance and that committee would
be formally structured and in place with criteria well established that would
consider, amongst other things, the requirement of only designating one block
and all those other issues.
Commissioner De Yurre: OK, how many since - I know it's been for a number of
months now - how many different groups have we sent to the committee?
Commissioner Plummer: A dozen.
Dr. Luis Prieto: Approximately we have five requests at this time pending.
Commissioner De Yurre: OK, we have five requests.
Mr. Prieto: Yes.
Commissioner De Yurre: You know, I would suggest that, you know, we not take
any action at this point. We're only two weeks away from the 12th because I
don't think it's fair to hear one and you have four that have been waiting
just as long, if not longer. Let's wait till the 12th and let them go through
that procedure.
Commissioner Plummer: Well, Calle Ocho is not until March.
Commissioner De Yurre: Say what?
Commissioner Plummer: His contention was that do it at Calle Ocho. That's
not until February or March.
Mayor Suarez: No, he was...
Commissioner Alonso: Last year...
Mr. Vazquez: No, no, I was here back in September.
Mayor Suarez: He was hoping last years Calle Ocho.
Mr. Vazquez: And I was hoping that we could do it for last March, but, you
know, I was not...
Commissioner Plummer: You'll be lucky to do it by this March.
Mr. Vazquez: What?
Commissioner Plummer: You'll be lucky, the way this goes, to do it by this
March.
Mayor Suarez: Well, let's at least...
Mr. Vazquez: Well, I would like the Commission to at least take an action on
this, my request, now because we...
Commissioner De Yurre: Well, the action we're talking about is that it be
addressed and brought before the committee when it's finally formed on the
12th.
37 June 20, 1990
7
Mayor Suarez: With a positive recommendation.
Commissioner Plummer: Yes.
Commissioner De Yurre: Certainly with a positive recommendation.
Commissioner Plummer: Mr. Vazquez, for the record, who are you...
Mayor Suarez: And as the first - wait, can we do one more procedural thing?
As the first item to be heard by the committee?
Commissioner Plummer: That's fine.
Mayor Suarez: And without your having to make any more presentations, Manny.
Commissioner Plummer: Mr. Vazquez, who do you represent for the record?
Mr. Vazquez: I beg your pardon?
Commissioner Plummer: Who do you represent?
Mr. Vazquez: I represent the Children's Cancer Caring Center.
Commissioner Plummer: And how do they benefit out of this?
Mr. Vazquez: Well, she's one of our - for example, last October, she
performed for a gala event that we had and she donated the whole amount of
that she preceived from that event towards the charity.
Commissioner Plummer: OK, so you are aware as the organizer of this movement,
that you will be responsible to raise the funds necessary if this is to be a
reality?
Mr. Vazquez: Sure.
Commissioner Plummer: OK. Based on the Mayor's lobbying, I'll move that that
matter be first on their agenda on July the 12th...
Commissioner De Yurre: Or as soon thereafter.
Commissioner Plummer: Or soon thereafter.
Mr. Vazquez: Yes.
Commissioner De Yurre: Second.
Mayor Suarez: OK. Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 90-470
A MOTION REFERRING MANUEL VAZQUEZ'S REQUEST RECEIVED
FOR CODESIGNATION OF S.W. S STREET FROM S.W. 22 TO
S.W. 27 AVENUE, AS "CELIA CRUZ STREET" TO THE
PERMANENT STREET CODESIGNATION REVIEW COMMITTEE.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Miller J. Dawkins
38
,Tune 28, t990
NOTE FOR THE RECORD: AT THIS POINT, AGENDA ITEMS 14
AND 15 WERE TEMPORARILY TABLED; lb WAS WITHDRAWN; AND
17, 18 AND 19 WERE CALLED FOR DISCUSSION, BUT THE
RECORD WAS MARKED TO REFLECT NO APPEARANCE BY
INTERESTED PARTIES.
------------------------------------------------------------------------------
10. GRANT REQUEST BY REPRESENTATIVES OF ANORADA CUBA FOR USER FEE WAIVER AT
MANUEL ARTIME CENTER FOR A ONE -DAY EVENT.
------------------------------------------------------------------------------
Mayor Suarez: OK, item 20. We'll take any of these as they come up,
Commissioner.
Commissioner Plummer: He was here. I saw him here.
Mayor Suarez: Commissioner De Yurre. OK, we've got a different section of
the agenda here.
Mr. Odio: We're dealing with that so...
Mayor Suarez: OK.
Commissioner Plummer: What? -with twenty?
Mr. Odio: Chabebe.
Commissioner Plummer: Are you deferring it or what?
Mr. Odio: We are... no, we're trying to resolve that out of the back.
Mayor Suarez: Your request was item 20, but the Manager, I think, is
indicating that could be resolved administratively, is that what you're
saying?
Mr. Odio: Well, we're just trying to check and see if it's not a religious
event. If it's not...
Commissioner De Yurre: No, no, it's a musical.
Mr. Odio: Then I would suggest you waive up to - that we waive up to $1,500
of the rent.
Commissioner De Yurre: Well, the thing is, that it's going to be - it's a
show that will be provided to the elderly population...
Mr. Odio: That's why I recommend....
Commissioner De Yurre: ...and it's going to be free, totally free, to them,
so...
Mr. Odio: A waiver up to $1,500 of rent.
Commissioner Alonso: How much?
Commissioner De Yurre: Let's make it...
Mr. Odio: Fifteen hundred dollars of rent, is what it...
Commissioner Plummer: How long of event is it?
Mr. Odio: It's one...
Commissioner De Yurre: It's a one evening.
- Commissioner Plummer: One night?
39
,Tune 28, 1990
Commissioner De Yurre: Yes.
Commissioner Alonso: Let's wait.
Commissioner Plummer: Move it.
Commissioner De Yurre: I would sug&est...
Commissioner Alonso: Yes, let's move... I think it's a worthy...
Mr. Odio: It'n worth it. It's not an out of pocket cost to the City. It's
not out of pocket.
Commissioner Alonso: So, let's move.
Commissioner Plummer: Move it.
Commissioner De Yurre: I think of what it costs is about...
Mr. Odio: It's $1,500.
Commissioner Alonso: Let's move. I move that we approve.
Commissioner De Yurre: What? -including the lighting and everything else?
Mr. Odio: Yes, sir.
Commissioner De Yurre: The cost - do you have a list there?
Mr. Odio: Fifteen hundred dollars. I would say do it up to $1,500.
Mayor Suarez: But not out,of pocket?
Mr. Odio% It's not.
Commissioner Alonso: No. I moved.
Mayor Suarez: All right. So moved.
Commissioner De Yurre: What is the amount? -fifteen what you're looking at?
Mr. Odio: Fifteen hundred.
Commissioner De Yurre: OK.
Mayor Suarez: Do we have a second?
Commissioner Plummer: Second.
Commissioner De Yurre: I'll second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll. That
was item 20, was it?
Commissioner Alonsoi Yes.
Mayor Suarez: Thank you. Call the roll.
40
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 90-471
A RESOLUTION GRANTING THE REQUEST OF REVEREND JORGE
BEZ CHABEBE, DIRECTOR OF ANORADA CUBA, FOR A WAIVER OF
THE FEES IN AMOUNT NOT TO EXCEED $1,500 FOR THE USE OF
THE MANUEL ARTIME PERFORMING ARTS CENTER IN CONNECTION
WITH AN EVENT FOR THE ELDERLY DURING THE MONTH OF
OCTOBER 1990; CONDITIONED UPON THE ORGANIZATION
OBTAINING INSURANCE REQUIREMENTS AS MANDATED BY THE
CITY OF MIAMI AND PAYING FOR ANY COSTS ABOVE AND
BEYOND THOSE FEES GRANTED BY THIS RESOLUTION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Miller J. Dawkins.
11. REQUEST ADMINISTRATION TO FURTHER REVIEW FUNDING REQUEST FROM TONY
TAYLOR ACADEMY CONCERNING UPCOMING BASEBALL TOURNAMENT IN MEXICO CITY.
Mayor Suarez: I see some John Taylor - Tony Taylor Academy players. Did we
have a representative that's going to make a presentation on this item? You
certainly have a trophy big enough to make a presentation maybe.
Mr. Manolo Rivero: Good morning, my name is Manolo Rivero. I take this
opportunity to hand this trophy to the City of Miami. This beautiful piece,
third place, we win last year in series in Guatemala City representing the
City of Miami. And this year the City of - 14th City of juvenile baseball,
the Caribbean and brotherly country, it's going to be held in Mexico City and
to accomplish that, we need the help from the City of Miami one more time, to
provide the air fare for these youngsters, group of kids.
Commissioner De Yurre: How much is the air fare?
Mr. Rivero: We're going to take two teams, 36 players and four coaches and we
need $10,500 for the air fare.
Commissioner De Yurre: Have you contacted American Airlines or any of our
friends?
Mr. Rivero: Yes, we have an estimate from Aero Mexico, that's the cheapest
one we can get.
Commissioner De Yurre: Who else flies down there?
Mr. Rivero: Pan Am, Mexicans - that's that three lines that to fly to Mexico
City.
Commissioner De Yurre: How about American?
Mr. Rivero: No, we don't contact American. We...
Mayor Suarez: You might want to because their routes have Just recently been
approved that were taken over from Eastern Airlines, that's why I think you're
thinking about it and with the City's support, we'd be happy to help you to
try to get rate reduction there. Or feel free, maybe quite a few...
41 June 28,1990
Mr. Rivero: We went to Pan Am, Mexicans, and Aero Mexico and the best
estimate we gave was from Aero Mexico, that's right.
Commissioner De Yurre: Now, you're just talking about plane fare, the $10,500
is for plane fare?
Mr. Rivero: Right. That's...
Commissioner De Yurre: Let me ask you this. When is the tournament?
Mr. Rivero: It's going to be in... it's going to start July the 28th and
we're leaving July the 26th, because we have to go and do the inauguration,
the grand open and we back on August the 8th.
Mr. Miguel Guerrero: Excuse me, let me point out that American Airlines...
Mayor Suarez: Give us your name, please, first for the record.
Mr. Guerrero: I'm Miguel Guerrero, I'm a retired captain for Eastern Airlines
so I'm very familiar with the system. Those routes from Miami to Mexico were
really operated by Continental Airlines so in the agreement between American
and Eastern, they did not get the route from Miami to Mexico. They don't fly.
Mayor Suarez: We were thinking of American just because of the support we had
just given them on those routes, but if they don't fly to Mexico, that doesn't
help. Continental has kept those routes.
Commissioner Plummer: Where does the Tony Taylor Academy exist?
Mr. Rivero: It's in 22nd Avenue and llth Street.
Commissioner De Yurre: Fern Isle Park.
Mr. Rivero:. That's City of Miami Park, we...
Commissioner De Yurre: Fern Isle.
Mr. Rivero: Yes.
Commissioner Plummer: What's the recommendation of the Manager?
Mr. Odio: You had to ask me.
Commissioner Plummer: That's what I pay you for.
Mr. Odio: I hate to go against something like this. I cannot recommend this.
We don't have the money for this. We cannot do this. Not with the situation
we have in the City, that's $10,500 we should not use it for this. Even if we
had it, I would recommend against it. But we don't have it.
Mayor Suarez: There's no possible way of characterizing it as Law Enforcement
Trust Fund?
Mr. Odio: No, sir.
Mayor Suarez: Give them a quick refresher course in how to avoid drugs and
then...
Commissioner Alonso: Can we?
Mayor Suarez: All right.
Commissioner De Yurre: I'd hate to see them walk away without anything.
Commissioner Alonso: We're keeping them off drugs.
Commissioner Plummer: Why don't we refer them over to the Police Department
to see if there's some way that they can come up with it?
e
- Mayor Suarez: Who was reviewing the whole....
,i
42 .Tune 28,1990
Coattnissioner De Yurre: Well, let's ask - Joe, why don't you give ups your
recommendation on this? And how you guys are going to do it.
Lt. Joseph Longueira: Sir, I can't give you that kind of recommendation. The
Chief of Police is the only one with approval of the Law Department. What I
will do, is I'll go back and talk to the department and if possible, we can
handle it as a pocket item at the next Commission meeting. If I can work
something out.
Commissioner De Yurre: Now, what is that criteria for something like this?
Lt. Longueira: We send everything to the Law Department and they tell us
whether or not it qualifies.
Commissioner De Yurre: What would qualify, Mr. City Attorney?
Mr. Jorge Fernandez: I'm looking for my Statute book so that I can read to
you directly from the Statutes.
Commissioner De Yurre: OK.
Mayor Suarez: You know, in the process of putting together the criteria and
the mechanism for the Law Enforcement Trust Fund - remember, Commissioner,
Vice Mayor Dawkins last Commission meeting particularly insisted that we take
a more active role in that. It might make sense to set guidelines that for
the variety of sports programs as an incentive for kids to participate in them
that there would be some reward at the end of that process because it does, in
fact, as was stated before by Commissioner Alonso, it does get them off other
kinds of things that we want to create a disincentive for and, in fact, that's
what the law Enforcement Trust Fund monies are for. So, it may not be
stretching it too much if they had been involved in it from the very beginning
and some funds maybe ought to be allocated for that because we're getting
continuous requests for financial support for, you know, people representing
and teams representing the City of Miami who are doing quite well to go to
other parts of the world. And maybe we could channel it through that if we do
it in a systematic way. On an ad hoc way, as we're trying to do today, it's a
little tough, but they're having a discussion over there so that's always...
Commissioner Plummer: Well, Mr. Mayor, there's another problem that's got to
be put on the record and how do you say, yes, to one group and no to others?
And that's the real problem. This request is for $10,000. If it's granted, I
guarantee you, it's going to generate at least another ten requests of other
organizations that are just as worthy as this one. And...
Mayor Suarez: Yes, and I can't imagine that we would be able to even fund it
to that full extent in any way.
Commissioner Plummer: Well, that's the problem, whether, you know, it's the
idea that they proliferate.
Commissioner De Yurre: I'll make a motion. And that is that this go to the
Police Department and that they look it over and if it falls within the
parameters that would qualify for the money to be allocated, that it be so
done and it be brought to us for final approval and at the next Commission
meeting so that they can get their funding and represent us as they have in
the past.
Commissioner Plummer: Well, I have no problem with seconding that motion.
Mayor Suarez: On the Law Enforcement Trust Fund.
Commissioner De Yurre: That's right.
Commissioner Plummer: Yes.
Mayor Suarez: All right, so moved and seconded.
please call the roll. It's the best we can do.
Any discussion? If not,
43
,Tune 28,1990
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 90-472
A MOTION REFERRING BACK TO THE CITY MANAGER FOR
CONSIDERATION BY THE MIAMI POLICE DEPARTMENT A REQUEST
BY TONY TAYLOR, REPRESENTING TONY TAYLOR ACADEMY,
REQUESTING SPONSORSHIP FUNDING IN THE AMOUNT OF
$10,500 FOR AN UPCOMING BASEBALL TOURNAMENT SCHEDULED
FOR JULY 27 THROUGH AUGUST 5, 1990, IN MEXICO CITY;
FURTHER DIRECTING THE ADMINISTRATION TO REQUEST THE
CHIEF OF POLICE TO RESEARCH WHETHER THIS FUNDING
REQUEST FALLS WITHIN THE PARAMETERS OF ELIGIBILITY OUT
OF THE LAW ENFORCEMENT TRUST FUND; FURTHER REQUESTING
THAT THIS MATTER BE BROUGHT BACK FOR FINAL APPROVAL AT
THE NEXT COMMISSION MEETING.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Miller J. Dawkins.
Commissioner De Yurre: OK, thank you.
Mayor Suarez: Thank you, gentlemen.
Mr. Rivero: Thank you.
Commissioner Plummer: Please take that back or we'll have to buy a new trophy
case.
Commissioner De Yurre: I'd hate to see the second and first place trophy,
what it looks like.
Mr. Rivero: All right. Can I stay this so you can show on the hall over
there?
Mayor Suarez: We'd have to probably buy a whole new trophy case just for it.
Commissioner Plummer: It would cost us $10,000 for a new trophy case.
Mayor Suarez: We'll find a place if you want to display it at City Hall for a
while.
Mr. Rivero: All right.
Commissioner De Yurre: Let's display it during the tournament, during the
period of the tournament. We can keep it here till - during that period of
t ime .
Mr. Rivero: All right.
Commissioner De Yurre: Thank you.
Commissioner Alonso: That's beautiful. Thank you.
------------------------------
12. (A) APPROVE, IN PRINCIPLE, REQUEST FOR ERECTION AND CONSTRUCTION OF
MONUMENT IN BAYFRONT PARK TO HONOR CUBANS AND OTHERS WHO HAVE
PERISHED OUT AT SEA SEEKING FREEDOM (WITH STIPULATIONS).
(B) DISCUSSION CONCERNING POSSIBLE INCORPORATION OF KEY BISCAYNE AND
THEIR REQUEST FOR FIRE PROTECTION SERVICES FROM CITY OF MIAMI.
Mayor Suarez: All right, anyone else under personal appearances? Mr.
Manager...
Commissioner Alonso: Yes, item 14, I think...
Mayor Suarez: Item 14, is it?
Commissioner Alonso: Yes, they are here now.
Commissioner Plummer: Has this matter been - I don't even know what you're
here for, sir. But I'm asking a question. Have you gone to the Bayfront Park
Authority first?
UNIDENTIFIED SPEAKER: Excuse me, I don't think you have the right person.
Commissioner Plummer: Has this matter been...
Commissioner De Yurre: Item 14...
Commissioner Plummer: ...taken before the Bayfront Park Trust Authority?
UNIDENTIFIED SPEAKER: Yes, sir.
Commissioner Alonso: Which one? -item 14?
Commissioner Plummer: Yes.
Commissioner
Alonso: Yes, well we....
Mr. Humberto
Sanchez: My name is Humberto Sanchez, I'm with the Liberty
=!
Column Foundation. Good morning to you all.
Commissioner
Plummer: Has the matter been taken before the trust?
_1
Mr. Sanchez:
Yes, sir.
_
Commissioner
Alonso: I discussed this with Mr. Pajares.
Commissioner
Plummer: I don't recall it being on an agenda, that's why I'm...
Commissioner
Alonso: Excuse me, it was Wally Lee.
—�
_f
Mr. Ira Katz:
Commissioner, just to clarify,
► j y, although it says Bayfront Park,
this statue,
where it's proposed, would not be in Bayfront Park. It would be
in the circular
land in between Bayfront Park and Bayside.
Commissioner
Alonso: Right.
Commissioner
Plummer: OK. So then it doesn't come before the trust. OK,
that's the answer.
Commissioner
Alonso: No.
—.
Mayor Suarez:
What do you need, Commissioner, or Mr. Manager, or both by way
of a recommendation? We have a pretty good idea what it's about. If you want
to put on the
record, I think we're all excited about the supportive of the
idea.
Mr. Sanchez:
Yes, air. I would like to have your permission to show aome
slides so you
have a better idea what we're looking at. Is that possible?
Y'
Mayor Suarez:
Do you have it set up, Jose?
=s
45 June 28,1990
i
Mr. Sanchez: I have the projector. All I need is to set it up. -
Mayor Suarers Yes, do it quickly, please.
Commissioner Plummer: What is Liberty...
Mayor Suarez: I guess we're setting it up for the planning and zoning agenda
item.
_ Commissioner Alonso: Is that... what he has right there in the corner? It's
very beautiful. And it's not going to I think it is something that
is overdue. -
Commissioner Plummer: Mr. Manager, while they're setting that up, I received
a phone call. Has the City of Miami in any way made a commitment to the
residents of Key Biscayne that if they are annexed as a city, that the City
will provide fire service to them?
Mr. Odio: No.
Commissioner Plummer: There's no commitment?
Mr. Odio: No.
Commissioner Plummer: OK. I think you better convey that. Some of the
residents of Key Biscayne have been told that the City of Miami did, in fact,
do a cost factor for them which I have seen.
Mr. Odio: That's true.
Commissioner Plummer: But that is all they did and that is the only
commitment that we have...
Mr. Odio: Yes.
Commissioner Plummer: ...was to do that cost factor. So I think you better
make it known to some people, the City of Miami has not made any commitment to
provide fire service if they are incorporated.
Mr. Odio: Maybe we can get Goldfarb to write it and that way it save me a lot
of time. Goldfarb, thank you.
Commissioner Plummer: Huh? No, I've been getting phone calls asking me if,
in fact, we made a commitment to provide fire services if they're incorporated
and I said, only thing I know we did was...
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Plummer: No problem. No, quadruple, when they did the study on
Coconut Grove, Coconut Grove was talking about annexing... That's got to be
on a contractual basis.
Commissioner Alonso: I think he's ready.
Commissioner Plummer: Yes, it's what they call a special taxing district.
Mayor Suarez: OK, proceed please, Jose. It's not Jose. It is Jose.
Commissioner Plummer: Who are these people?
Commissioner Alonso: Yes, are you ready?
Commissioner Plummer: What's that on the front? -dominoes? That's what it
looks like. Look at the facing on the front looks like dominoes.
Mr. Sanchez: I apologize for not being all set up for you. This is not what
I want to show you, but for those who don't have the idea, this is raft that
arrived on the shores of Miami Beach empty. Nobody on board. Unfortunately,
they didn't make it. This will be the proposal monument what you see to your
right hand side. It is a white marble column, a sample of that marble is more
or less what you see here. It will be placed on top of a black marble base
46 June 28,1990
and a looser black marble base. As you might be aware, since 19590 sixteen
thousand persons have fled Cuba and have reached these shores in fragile boats
and makeshift raft. Many a thousand have perished silently. It has been
established that only one out of three who attempt escape makes it. Many have
stated that they prefer death to live under highly repressive
totalitarianism - excuse me - and this is a tribute to those who sought
freedom but died in the attempt. This will be the place that I am requesting
from the honorable Commission to be awarded to place this monument on. This
is at the northeast corner of Bayfront Park right by Bayside. That will be an
east view. This is a west view. That's another east view. This is kind of
southeast view and that's a south view. That's north view. I'd like to pass
on for the records, some of the supporters of this project and if it's
possible, I would like to have the original back.
Commissioner Alonso: I'd like to move for support of this project. I have
discussed with Mr. Wally Lee and he has checked from the City's point of view
and I think it's something that has been overdue and I really support this
project. It will not cost the City. All we will be doing is providing the
space and I think it's something that should be done. And I move that we
approve.
Commissioner De Yurre: Will they be providing the maintenance?
Mr. Sanchez: Yes, air.
Commissioner Plummer: Who, who... what is the projected cost?
Mr. Sanchez: Projected cost is minimum since - approximately already 75
percent of this material and the workmanship has been donated by private
people. I'm not asking the City for any financial support on this. It's just
a piece of ground.
Commissioner Plummer: How high does that tower go?
Mr. Sanchez: That is nine feet tall.
Commissioner Plummer: Ninety?
Mr. Sanchez: From the ground. No, no, no, sir, nine.
�l
Commissioner Plummer: Nine.
i
Mr. Sanchez: Yes.
Commissioner De Yurre: Ninety.
Commissioner Plummer: Oh.
Mr. Sanchez: Nine from the ground.
Mr. Odio: The only thing I thought, I just told Wally that, we need to check
with the lease agreement with the Rouse Company to see if this doesn't fall
within their land given to us from us to them. If not, we would have to get a
clearance from them.
Commissioner Alonso: I suppose he already checked on that. I asked him to
check on the legalities of the land and - did you check into that?
Mr. Wally Lee: Commissioner, the land where this monument is proposed is City
land. However, three quarters of it falls within the lease to Bayside, Rouse
Company. Now, my understanding is they have no plans for it but it has not
been formalized. The other quarter of that lot is City controlled.
Commissioner Alonso: Yes, well I include then in my motion that we check with
them and I don't see how in the world they will deny that we have the ability
to establish something that is so important and - well, I hope not. If they
don't have the understanding to agree on having this located that it will ,ot
be cost to the City and it's important to the citizens of Miami I will
1W C
understand really. I doubt very much that they will deny something like this.
Commissioner Plummer: They denied Christopher Columbus the right to land
there.
47 June 28,1990
I
s
Fla � i
4�
I�
Mr. Sanchezt If anything...
Mayor Suarez: No, you dressed as Christopher Columbus. That's a whole
different item.
Commissioner Alonso: That's why they objected.
Mr. Sanchez: If anything, this will be an attraction to Bayside.
Commissioner Plummer: Bayside is only interested in, does it bring them
revenue? That's their interest.
Mr. Sanchez: OK, I think this could bring revenue for them. People who is
going to go take a look at this thing.
Mayor Suarez: Subject to the Rouse Company and their rights, which we all
feel somehow will be negotiated properly by them.
Commissioner De Yurre: Seconded. I'll second the motion.
Commissioner Plummer: Mr. Mayor, I would only like to make one amendment or
one provision. That any and all plaques that are placed on this monument must
be approved by this Commission.
Mayor Suarez: OK.
Mr. Sanchez: I don't see any problem at all on that, sir.
Mayor Suarez: Thank you. So moved.
Commissioner Alonso: No problem?
Mayor Suarez: So moved with all those provisos and seconded. Any...
Commissioner Plummer: We understand, for the record, I am assuming there will
be a contract drawn, that, in fact, that this will be at no cost to the City
and that they will provide perpetual maintenance into the future for
maintenance of this facility.
Mr. Sanchez: Yes, Commissioner.
Commissioner Plummer: OK.
Mr. Sanchez: We will provide it.
NOTE FOR THE RECORD: Vice Mayor Dawkins entered Lhe
meeting at 11:00 p.m.
Commissioner Plummer: The only other thing you'd better that was brought out
at the last authority meeting is to make damn sure, Wally, that this thing is,
you know that thing that we're now saddled with on that flood criteria
hurricane situation. You know, there were... just for my colleagues, they're
worried, Dade County is worried about the new fountain in Bayfront Park if a
hurricane comes.
Commissioner De Yurre: So we have to build it up 14 feet above.
Commissioner Plummer: So, anyhow, you better make sure that that complies
also.
Commissioner Alonso: If they want, we can donate that to them including the
maintenance.
Mr. Sanchez: One more item that I would like to add if it's possible. I have
requested from the honorable Commission the use of said land and in exchange
for this donation to the City of Miami, that the required permits will be
- waived if it's possible.
48 June 28,1990
—:_
It
Vice Mayor Dawkins: The what will be waived?
Mr. Sanchez: I£ it's any req•dired permits to be waived.
Commissioner Plummer: Of course there's permits.
Commissioner Alonso: What are we talking about here, Wally?
Mr. Sanchez: Building permits if it's necessary.
Mayor Suarez: Why don't we cross that bridge when we get there? Why don't we
cross that bridge when we get there rather than have to decide on that today
as part of the motion?
Mr. Sanchez: Thank you, sir.
Commissioner Alonso: Thank you.
Mayor Suarez: I don't think that the - if the permit fees are the issue, I
have a feeling we can get the money. All right?
Mr. Sanchez: Thank you, honorable Commission. I thank you in the name of
those many thousands of Cubans that, unfortunately, cannot share with us the
freedom that we are sharing here today. Thank you.
Commissioner Alonso: Thank. you.
Mayor Suarez: You said the estimates are that one out of three make it?
Mr. Sanchez: Yes, sir. Only one out of three makes it to freedom.
Mayor Suarez: And the total number that have come in these kind of rickety
rafts and so on, have been how many?
Mr. Sanchez: Well, they have been - the ones that have arrived has been
16,000.
Mayor Suarez: Right. That would mean 48,000 altogether.
Mr. Sanchez: This is documentation from the Miami -Dade Community College and
Dr. Juan Clark, which is an expert on the issue.
Mayor Suarez: All right.
Vice Mayor Dawkins: That includes the Haitians who went down in the ragged
boats also?
Mr. Sanchez: No, sir, this is only Cubans.
Vice Mayor Dawkins: Well, the Cubans - I mean the Haitians are crossing
waters for freedom. So now, if we're going to talk about people coming from
oppressed lands, all coming to seek freedom, I hope you're talking about all
people. If you're not talking about all people, then I will vote against
this.
Mr. Sanchez: OK. No, Commissioner, Honorable Dawkins, we're referring with
these figures only to the Cuban freedom seekers.
Vice Mayor Dawkins: But, the monument is being constructed in honor of all
people who died crossing waters seeking freedom. Or is it just being built to
honor Cubans who died leaving Cuba seeking freedom?
Mr. Sanchez: Right now it's like I read before, since 19...
Vice Mayor Dawkins: OK, well I move that this be deferred.
Mayor Suarez: Wait, we're going to, by prior motion, we're going to have to
approve the wording of the plaque as stated by the Vice Mayor in his motion.
Why don't we reserve that to make sure that we approve the wording at that
point. It might be interesting to put others leaving equal...
49 Juno 28,1990
Mr. Sanchez: I don't really think that I will have any objections, sir: To
be honest with you, they are human beings, they are people who are seeking
freedom also.
Mayor SuarF..: Right, and the more inclusive the better.
Mr. Sanchez: So, you know, the only reason that this was draft like this is
because this was done by Cubans for the Cuban freedom seekers.
Vice Mayor Dawkins: I got the whole plan in my office. The drawing, I got
the blueprints and all in my office. OK? We started out together on this. I
have no problem with it, that's why I can say, all people.
Mr. Sanchez: Yes, sir.
Mayor Suarez: OK.
Mr. Fernandez: Mr. Mayor, I need some clarification. They will assume the
responsibility for erecting, constructing and maintaining the statue?
Mr. Sanchez: Absolutely.
Mr. Fernandez: And then, but it would be a donation to the City of Miami. It
would be owned by the City of Miami.
Mr. Sanchez: Well, I think, obviously, it will have to be owned by the City
of Miami because it's...
Mayor Suarez: Yes, I have to kind of agree with him that if you have a
fixture on City land, unless we've given them an easement or something, it's
going to be owned by the City of Miami, but maybe you want to clarify that
further in the documents. That is the tenor of the motion, yes. Owned by the
City.
Mr. Fernandez: Correct and we would - and I understand that the motion you're
passing today, while you're really committing yourself, I would like it to
read in principle because I would very much like to look at all the
documentations that we prepare between this group and the City...
Mayor Suarez: It sounds like - yes, it sounds like you're going to have to do
some fine print here and get it all together.
Mr. Fernandez: Yes.
Vice Mayor Dawkins: If you have to, then lease them the land for a dollar a
year if, I mean, whatever...
Mr. Fernandez: We could not do that.
Vice Mayor Dawkins: Why?
Mayor Suarez: All right.
Vice Mayor Dawkins: Why not?
Mr. Fernandez: We cannot do that because we have prohibitions in our charter
in terms of leasing or giving anybody an interest in land in the City of Miami
unless a particular process is followed.
Vice Mayor Dawkins: Then let's don't create a problem. Let's do what we have
to do legally to get it done.
Mayor Suarez: Thank you.
Mr. Fernandez: Correct.
Vice Mayor Dawkins: Don't come back telling me how not to do it.
Mayor Suarez: Thank you.
Vice Mayor Dawkins: OK, all right, thank you.
50 June 20,1990
Mayor Suarez: That's why we have the City Attorney to make sure it's done
legally, Mr. City Attorney. All right, we have a motion and a second. Any
further discussion? If not, please call the roll.
The following motion was introduced by Commissioner Alonso, who moved
its adoption:
MOTION NO. 90-473
A MOTION APPROVING, IN PRINCIPLE, REQUEST BY HUMBERTO
SANCHEZ, REP%nSENTING LIBERTY COLUMN, INC., FOR THE
ERECTION AND CONSTRUCTION OF A MONUMENT IN BAYFRONT
PARK IN HONOR OF THOSE CUBANS AND OTHERS WHO HAVE
CROSSED THE WATERS AND HAVE RISKED THEIR LIVES SEEKING
FREEDOM; FURTHER STIPULATING THAT SAID PROJECT SHALL
BE AT NO COST TO THE CITY; FURTHER STIPULATING THAT
SAID GROUP MUST PROVIDE PERPETUAL MAINTENANCE FOR THE
PROPOSED MONUMENT, AND MUST COMPLY WITH APPLICABLE
FLOOD CRITERIA, AND THAT ANY AND ALL PROPOSED PLAQUES
TO BE PLACED ON SAID MONUMENT MUST BE FIRST APPROVED
BY THE CITY COMMISSION; AND FURTHER STATING THAT THE
AGREEMENT BETWEEN THE CITY AND SAID GROUP SHALL
RECOGNIZE THE RIGHTS OF BAYSIDE CENTER LIMITED
PARTNERSHIP AS TO PARTIAL OWNERSHIP OF THE SPACE IN
QUESTION.
Upon being seconded by Commissioner De Yurre, the motion 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.
_
Mr. Sanchez: Thank you, sir.
------------------------------------------------------------------------------
13. (A) DISCUSSION CONCERNING THE JOHN DETAIL TASK FORCE (PROSTITUTION.)
(B) REQUEST CITY MANAGER AND CHIEF OF POLICE TO LOOK INTO IMMINENT
-
DANGER OF HIGH SPEED POLICE CHASES.
------------------------------------------------------------------------------
Mayor Suarez: Still on Commissioner Alonso's part of the agenda. Item 23,
the John detail task force.
Commissioner Plummer: Oh, oh.
Commissioner Alonso: Yes.
Mayor Suarez: You see that serious look on his face, he's obviously the
person in charge of the John detail.
Commissioner Plummer: He is the John.
Mayor Suarez: The Joe detail.
Commissioner Plummer: The head John.
Commissioner Alonso: I'd like to discuss the value of the John detail task
v
force. I've been told that it's very, very effective. I've been told that it
serves quite well, not only in the City of Miami but in other places. I have
heard the City police make fine comments about the results. Is that right?
Lt. Joseph Longueira: Yos, Commissioner, over the past about 18 months the
John detail, and that's a specific detail that occurs once or twice a month,
51 June 28,1990
where they put together a group of officers that goes out specifically to
target an intensive area with these problems and over the past 18 months,
we've had about 31 details and have effected approximately 364 arrests.
Specific....
Commissioner Alonso: Three hundred?
Lt. Longueira: Three hundred and sixty four prostitution type arrests, John
detail arrests, using these tactics.
Commissioner Alonso: So you find it's very effective. Now, my next question
is, I have seen quite a bit of prostitution, male prostitution; Flagler,
Biscayne, quite a bit of it. And my question comes exactly from that point.
You use only females. If it's so effective - you say no?
Lt. Longueira: No.
Commissioner Alonso: Give me the numbers of and where have you used male
prostitution? I have not seen one male officer working on this. If I'm
wrong, give me the numbers and prove to me where do you do this, how often, so
that I can see it. My point comes from this. If you're going to use female
officers, I want male officers as well. As a woman, I find this a little bit
offensive.
Lt. Longueira: Commissioner...
Commission Alonso: I think that if you want to arrest prostitutes, you have
no problem whatsoever arresting them. There are many people involved in
prostitution as we see it now. But if it's as effective that we have to
maintain the services, I have no objections provided that it's done equally.
Lt. Longueira: It - is, Commissioner. Approximately 30 percent of all our
arrests in this area are males. OK, we have officers that almost daily go
out. We have two officers that are highly skilled in the male prostitution
area and almost daily effect arrests in that area.
Commissioner Alonso: Let me make very clear the point. You are telling me
then that some of the male officers are impersonating prostitutes. Is that
what you're telling me on the record? Because that's what you're doing with
females...
Mayor Suarez: Yes, the decoys or... right.
Commissioner Alonso: ...officers. I want to see if it's done equally.
Mayor Suarez: This is very similar to a situation with in - really.
Commissioner Alonso: I know that some of our guys look very strong and
forceful and perhaps it's not the best type. But I don't see that our female
officers are also the best type either.
Mayor Suarez: This is very similar to the federal government right now
involved in testing of all kinds of diseases and only choosing one of the two
sexes and, you know, we've got to be consistent here.
Commissioner De Yurre: You know, what I'd like to know is you're talking
about being highly skilled and qualified. Do you learn this at the academy or
just exactly how do you acquire this knowledge? Well?
Mayor Suarez: Do we, in fact, have decoys that are males?
Lt. Longueira: Yes, sir. And like I said...
Commissioner Alonso: You do?
Vice Mayor Dawkins: How did you acquire the skills.
Lt. Longueira: Approximately 30 percent of the arrests are in the mole
prostitution area. I was offered to bring two binders with all the pictures
of these people that have been arrested.
Commissioner Plummer: Don't be so graphic, will you?
52 June 28,1990
Lt. Longueira: But you'd spend a whole day going through the binders looking
at them.
Commissioner Alonso: Are you telling me you are using also male officers in
the same extent that you are using females officers?
Lt. Longueira: Yes.
Commissioner Alonso: Why the female has to be a prostitute and the male
has...
Lt. Longueira: Commissioner, let me explain something...
Commissioner Alonso: ...will do the arrest.
Lt. Longueira: All of the female officers that are used in this area are
volunteers. We...
Commissioner Alonso: Fine, let's ask for volunteers that are males.
Lt. Longueira: We use them and we make 30 percent prostitution arrests for
males.
Commissioner Alonso: Show me the numbers and prior to this meeting today, and
prior to Monday when I spoke with Chief Walter Martinez, give me the numbers
of what you have used. Male officer, give me location, place, everything.
I'd like to see that.
Lt. Longueira: We'll do that, Commissioner. We'll send you a memo.
Commissioner Alonso: Excuse me, Mr. City Manager, let me finish this because
I want to get to the extreme. I've been having problems with this for
sometime and I think that if we are going to be consistent, let's be equal.
Lt. Longueira: Commissioner, you can't be equal because the prob...
Commissioner Alonso: Why notl Why not! Hold it a minute!
Lt. Longueira: No, let me explain.
Commissioner Alonso: Before you say anything, let me get to the point. When
I drive through Biscayne, when I drive through Flagler, I see a lot of male
prostitution, believe me. And I wonder, if this is that effective, why it
cannot be equally done?
Lt. Longueira: Because the problem, to male to female, is not equal. OK?
Commissioner Alonso: Ha, ha, ha, ha, ha. Are you saying this on the record?
Lt. Longueira: I'm saying on the record that there's more female prostitutes
on the street, therefore, that's why you see the disproportionate effects of
arrests.
Commissioner Alonso: Well, well, well, well...
Vice Mayor Dawkins: No, Joe, wait, Joe, Joe... Joe, there's more males buying
than males buying. There's more males buying females than females buying
males.
Commissioner Plummer: Wait a minute.
Vice Mayor Dawkins: So, therefore, you have to have more male - more for
female prostitutes to service the demand. I mean, if...
Commissioner Plummer: Are you going from he'n and he'n to she'n and he'n?
f Vice Mayor Dawkins: No, but you see, I mean, we're sitting up here if you're
j going to attack the problem, you have to use honey or vinegar. OK? So now,
if you are attempting to collect the males who buy services from female,
prostitutes, you can put as many males out there as you want. He's not going
t _ 4-_ ti.... «.,* h i „o from the fna l e . So. that means - so sav that and nuit nusav
P
Mr. Odio: Well, I guess what he's saying is you have to leave it to the
discretion of the Police Department who are professionals in the field, to
determine what we should use and not use.
Mayor Suarez: But the principle has to be established that there's not a
discriminatory handling of this where officers who are of one particular sex
are being asked to act as decoys or attractions or whatever the term is...
Lt. Longueira: They're all volunteers, Mayor.
Mayor Suarez: —supposed prostitutes.
Commissioner Alonso: Are all of them volunteers?
Lt. Longueira: That's what I've been advised, Commissioner.
Commissioner Alonso: Well. Sometimes don't you assign the job?
Lt. Longueira: I've been advised they're volunteers, Commissioner.
Commissioner Alonso: All of them?
Lt. Longueira: That's what I've been advised, Commissioner.
Commissioner Alonso: Well, I believe that it's not always done that way. I
want you to provide me with all the figures so when we meet next time, we'll
have the numbers. You will prove to me how effective it is. You will prove
to me that there is no discrimination because officers are females and then
they are assigned a work that is not equally done, given to a male officer and
I think prostitution is a problem that it's a general illness in the
community. It's not only reserved to females so, therefore, I think it has to
be addressed.
Commissioner Plummer: Now, can I ask a question that's more important, I
think, to me? Can you come back and tell us of those 360 arrests, what
happened to them in court?
Commissioner Alonso: Aha!
Lt. Longueira: I know, Commissioner, I'll get you that. But we are having a
lot more success. We're getting confinement of 45 days. Somebody recently
because there were prostitution arrests that led into something else, got
confinement of two years. We are making progress in that area.
Commissioner Plummer: OK, I would just like to see it. Mr. City Attorney...
Mr. Jorge Fernandez: Yes, sir.
Commissioner Plummer: This Commission, many years ago, was informed that we
could, in fact, set forth in an ordinance, minimum standards for the courts to
use in imposing penalties for prostitution. As I recall, the City Commission
did, in fact, pass an ordinance stating that for the first arrest of
prostitution found guilty, was 15 days. The second was 30, as I recall, and
the third and all thereafter, was a minimum, we could set minimum standards,
as I recall, of 45 days. I would like to know why that ordinance which we
supposedly had the right to do, has not been followed through by the justice
system. Now, I'll ask you to research the whole thing. Did we have that
right to set a minimum standard and if we did have that right, and we did do
it, why have the guidelines that are minimum standards set by this City, not
been adhered to in administration of justice? So, if you'll report back to me
on that, please.
Mayor Suarez: And, in the process, please advise me of it. Commissioner, I
have spoken to the chief judge about it and we have not had the effective over
sight that we thought we were going to have under ordinance and we have to...
I didn't know, in fact I didn't know of the ordinance, so I think it's time to
get back with...
Commissioner Plummer: Well, there is, Mr. Mayor, prior... long before your
coming here, I think it was like ten years ago, we did pass such an ordinance.
We thought we were doing well until we found out that they were getting out on
time served.
54 June 28,1990
Mayor Suarez: Now, the inquiry which Judge Weatherington was as to a specific
judge who - I don't know if I should say on the record exactly what I was told
of this particular judge and his way of doing things, perhaps I shouldn't -
but we - just keep me apprised so I can help with the effort of contacting
Judge Weatherington. He's very interested in helping us in this. He is the
chief judge.
Commissioner Plummer: You know, Mr. Mayor, it's just like people Won't want
to realize that in Dade County there are 100 cars stolen on r, daily average.
And if we look at all of the money and effort that we put in to capturing
maybe a small percentage of these car thieves and see what happens to them in
court, let me tell you something, it's no wonder that there's only a huodred
stolen a day. These people are turned loose and turned back ou". P.nd spanked
on the hand and say, don't do it no more. There's got to someday, come to a
realization that these courts are going to impose penalties that do act as
deterrents. Other than that, we're just wasting our time.
Commissioner Alonso: And if you read the papers, you see few hours later they
are released....
Commissioner Plummer: Oh, they are released before the policeman gets the
paperwork finished.
Commissioner Alonso: ...and I received - a citizen sent to me a letter with a
copy of a newspaper and it reads the same name, same address in two different
instances, few hours one from the other. It's really incredible.
Mr. Fernandez: Yes, Commissioner Plummer, at the request of Commissioner De
Yurre, my department has been looking comprehensively at this issue of
prostitution and we will do, in addition to that, your specific request.
We're also in the process of preparing legislation that may be introduced in
the legislative process in Tallahassee to perhaps tighten up what's already
existing in the books, because the judges that sit in judgment over the cases
we bring to them, while they may be aware of local ordinances that we have, if
there's a state statute that's in point, that perhaps may preempt or have more
strict standards, they would go with those rather than enforcing local
ordinances.
Commissioner Plummer: Well, what my understanding was that we had the right
to set a minimum standard. That was my understanding.
Mr. Fernandez: Yes.
Commissioner Plummer: Hey, if not, let's tell the public when they're
electing these judges...
Commissioner Alonso: Yes...
Commissioner Plummer: ...let's tell them.
Mayor Suarez: Yes, let's publish it.
Commissioner Plummer: Hey, that's where the breakdown is. Go and ask these
judges point blank, what are they going to... by God, when I run for election,
people have the right to ask me those hard questions and they base their vote
on my answer. Now, if, in fact, this is the case, let's ask some of these
hard questions of judges. I don't have a problem with that. Not at all.
Mayor Suarez: Mr. Vice Mayor.
Vice Mayor Dawkins: Mr. City Attorney...
Mr. Fernandez: Yes, sir.
Vice Mayor Dawkins: What is the feasibility or/ the possibility of passing
legislation that prohibit City of Miami policemen from engaging in high speed
chases? I mean, we're having more people killed with policemen chasing people
in a high speed car for purse snatch, you know. And somewhere along the
lines, they can't... I mean, what's the possibilities of drafting legislation
for that?
55 June 28,1990
0
Commissioner Fiummer: To eliminate it?
Vice Mayor Dawkins: Yes.
Mr. Fernandez: That would be a policy position that you would take in tends
of relating to the Manager a policy that you believe would be in the best
interest of the City because of the health and safety of the citizens. In
terms of the administration of the Police Department and how all the police
techniques and the administrative details there are worked, it would be up to
the City Manager to enforce that then with the Chief of Police who would make
that policy in his department.
Vice Mayor Dawkins: Mr. Manager, will you schedule for the September
meeting...
Commissioner Plummer: I don't know that I like that.
Vice Mayor Dawkins: ...a discussion on this so I can see how my fellow
Commissioners feel about this. The Sunshine Law won't permit us to discuss it
during our vacation so we'll come back and do it in September. Thank you, Mr.
Mayor.
Mayor Suarez: All right, Vice Mayor.
Commissioner Plummer: I would only ask one other quick question. Mr. City
Attorney...
Mr. Fernandez: Yes, sir.
Vice Mayor Dawkins: You cone asked three.
Commissioner Plummer: All right, well this is a quick one. There is
supposedly three criteria for a person to be able to go out on a bond. Would
you furnish to me those criteria. If there's more than three, I don't know.
But it was my understanding that one of the criteria is if they were out on a
bond, they could not get another bond and I find out that's not happening.
Mr. Fernandez: Correct.
Commissioner Plummer: OK, so would you send me what the criteria is for
making bond.
Mr. Fernandez: Right, I will.
Commissioner Alonso: And, the last question from me. When I was elected in
November, I remember that I sent a request for information in reference to the
rules and regulations in effect and I was told and I was referred to the
regulations that exist that Commissioner Plummer has made reference to, I
wanted to initiate that the City take, as a legislative priority in
Tallahassee this past session, the question of setting the rules and
regulations. And I remember I was told that we had in effect these rules and
regulations that Commissioner Plummer has referred to. But, as I see by
conversation over and over, they don't really apply. So, we should really
definitely go in the direction and changing and making it a legislative
priority of the City of Miami in order to enforce whatever this Commission has
approved in the past that is not being accepted by the judges as standards
that they take into account at the present time. Because prostitutes come in
and go out and it continues in the same circle. It's drugs, prostitution, and
it goes on and on and on and they are killing neighborhoods because of this
problem.
Mr. Fernandez: You're correct.
Commissioner Alonso: And why didn't it, if, in fact, we needed another
legislation, why I was told at that time and we didn't take it up this year
when my request was in the middle of November?
Mr. Fernandez: I don't know, Commissioner. I don't think and I talked on
that particular issue.
Commissioner Alonso: Well, I'm going to look at the correspondence...
56 June 28,1990
Mr. Fernandez: OK.
Commissioner Alonso: ...and who send me what in response to my questions and
I also met with our lobbyist, Mickey Canton, from Holland & Knight and
discussed precisely this type of regulation to be included in our legislative
priorities and I was told there was no need to. But now, as I see, we do,
Indeed, have to place it as a priority of the City of Miami in the next
session.
Mr. Fernandez: Yes, in fact, Commissioner De Yurre had asked me to precisely
look at the same issue for this past legislative session and we were... when
we started researching the issue of the kind of legislation that has been
presented to Tallahassee before, this is an issue that for a long time many
municipalities tried to get Tallahassee to be more strict and more
comprehensive in their approach and have been unsuccessful.. And so we started
looking at areas where we could impact on the legislature. For example, on
the issue of contagious diseases. That would be one way of addressing the
issue of prostitution. Perhaps not so frontally, but coming in through that
route and establishing legislation in that area. We're looking at the issue
of rent control. Motels that lend themselves...
Commissioner Alonso: I was going to suggest 24 hours rather than a few hours.
Mr. Fernandez: Exactly. And so, we would go at it instead of directly
through the criminal statute that sets out prostitution instead of going at it
directly that way, go through the motel sections of the statute and then
penalize activities where motels can be rented for, you know, lesser periods
of time that...
Commissioner Alonso: Yes, I think this one will be very effective because we
will go to the center of the problems, motels and hotels...
Mr. Fernandez: Yes.
Commissioner Alonso: ...that they are centers of crime.
Mr. Fernandez: And what we're trying to do is, we're trying to get the State
Attorney involved in assisting us so that when we draft legislation on your
behalf, we can present a good package, a good bill, in Tallahassee and then
try to get it through.
Commissioner Alonso: OK, thank you.
Commissioner Plummer: Mr. Mayor, I would ask at this time, that we grant...
Mr. Epling is here representing the Orange Bowl Committee as far as their
chief negotiator. You all have just received the material from the Manager
and I would ask that this be deferred until 2:30. It's with his concurrence
with the understanding that that will be the first item taken up at 2:30, if
that's agreeable with the Commission.
Mayor Suarez: Yes, it is. We're going to try to get through as many of the
morning items and then proceed with that one at 2:30.
Commissioner Plummer: We'll see you at 2:30. Have a good lunch.
Mayor Suarez: Hopefully, we can get pretty close to finishing them.
NOTE FOR THE RECORD: It was announced that item 25
would be taken up at 2:30 p.m., immediately after the
lunch recess.
57
June 26,1440
Y
_-----��_..-..__-..__--___-..___.._____--------------------------------------
14. (A) DISCUSSION OF CITY OWNED CARS BEING TAKEN HOME OVERNIGHT.
(B) DISCUSSION CONCERNING CITY OF MIAMI FISCAL YEAR 1990-1991
BUDGET - TEMPORARILY TABLE (See label 16).
(C) VICE MAYOR DAWKINS REQUESTS INFORMATION FROM ADMINISTRATION
CONCERNING PRESENT ORANGE BOWL NEGOTIATIONS AND SETTLEMENT (See
label 17).
------------------------------------------------------------------------------
Mayor Suarez: Do you have any preference on the items that we... all set.
All right. Item 24, then.
Commissioner Plummer: City of Miami budget.
Mr. Odio: I was told to place this on the agenda again.
Mayor Suarez: One item that has not been thrown in the hopper, if I may, for
second, Commissioner Alonso, is the whole issue of - although I did get a memo
back from you, Mr. Manager - the whole issue of City automobiles that are
being driven. Is there any estimate as to how much that costs and do you have
any opinion as to how, if, in any way, that could somehow be reduced and
automobiles provided, perhaps like we do for the Police Department. Only to
those people who actually live in the City. The figures you gave me indicated
just roughly, that of the people who have City automobiles to drive home, I
would say no more than about 20 percent, if that many, live in the City of
Miami. Whereas police officers, to take their patrol car home are required to
live in the City. And I really question, I know the City Attorney informed me
that it costs additional money just from the risk management standpoint for
people to drive cars out of the City to their homes. In fact, we've had a few
incidents apparently that have created liability for the City where they
weren't even doing, you know, just going home apparently. They were perhaps
doing some other things outside City jurisdiction.
Mr. Odio: Well, the additional cars was because we asked the inspectors, we
asked them to take the cars home. That way you add about three to four hours
a day of inspections. I asked Sergio - Sergio Rodriguez is going to look
at.. .
Mayor Suarez: Three to four hours?
Commissioner Plummer: Hours?
Mayor Suarez: They must live very far away from the City of Miami.
Mr. Odio: Well, before, if you live outside - wherever you live, you have to
drive into the department, you come into the office, you check in, you get a
car then you go out. That's an hour and a half, two hours. When you come
back in the afternoon, you have to come in earlier...
Commissioner Plummer: No wonder we're broke.
Mr. Odio: You have to come in earlier... why do you say that,
Commissioner? -I'm referring to the...
Commissioner Plummer: No, Mr. Manager, if a man is merely coming from his
home to the office...
Mr. Odio: He has to check in...
Commissioner Plummer: ...to pick up a car, he's still got to be there at 8:00
o'clock, if that's when he starts work.
Mr. Odio: Fine. Then he gets...
Commissioner Plummer: Why does it take him an hour and a half to put the keys
in the ignition and drive?
Mayor Suarez: And the inspections are presumably in the City anyhow.
58
June 20,1990
Mr. Odio: Because then he has to drive - he drives back to the zone where
he
came from where he has to cover in...
Mayor Suarez: No, he came from outside the City by definition.
Mr. Odio: No, no, he's assigned to...
Mayor Suarez: If they're in the City, they should take it home. If they're
not in the City, they should go to where the cars are and go from there.
It
might be quite close to the place...
Mr. Odio: Fine. I'll do it tomorrow morning.
Commissioner Plummer: How many cars are we talking about, Mr. Manager?
Mr. Odio: I don't know right now how many inspectors are...
Commissioner Plummer: I mean, I don't want to be doing a big thing here
and
we're saving ten dollars.
Mr. Odio: I will just tell them to leave the cars to....
Mayor Suarez: The police have to come in.
Commissioner Plummer: That's, I don't think what the Commission asked.
Mr.
Manager...
Commissioner Alonso: Can we get an estimate now...
Commissioner Plummer: What we're asking is, what is an estimate of what
is
the cost factor and what could be imposed as a savings or not? I think that's
what we're asking for.
Mr. Odio: Well, I don't have the answer here now.
Commissioner Plummer: I mean, like if we're talking ten or twelve dollars
a
car, as a difference, it's foolhardy to even address the issue.
Mr. Odio: The cars will not - you will not save that kind of money because
instead of driving all the way to the administration building, get in the car
and driving all the way back to their district, whatever they are assigned to,
they drive directly to their zones. So I will do a study, if you want. Bring
it in , I don't have the answer.
Mayor Suarez: I bet you I could prove to you that it's actually less
distance...
Mr. Odio: I'm sure.
Mayor Suarez: ...because most of them are coming from areas other than from
the area where it happens that they cover the zone in question. I mean, you
can have a lot coming from the southwest who actually cover the northwest
area. Some coming from North Miami and Broward who actually cover a southwest
area in the City. I mean, it would just be too coincidental if they happen to
have zones that are... unless the zones are given to them according to where
they live outside the City which I would hope that we don't make it that easy
for them. But beyond the ones that have - that are inspectors, and I
understand a certain system for inspectors. What about the other City care
that are driven home by people that don't live in the City?
Mr. Odio: The others are people that on 24 hour call. That means they can be
called at any time to report to work.
Mayor Suarez: And everyone who takes a car home who doesn't live in the City
of Miami is on 24 hours call and we have their numbers available to be called
and...
Mr. Odio: Oh, yes, but I won't say that all the cars are 24 hour people. We
are going through the budget now and that's one of...
Mayor Suarez: Well, I would hope that you would, in doing that, would look at
the issue of automobiles being driven home. It is unfair to have police have
59 June 28,1990
to live in the City to take the patrol cars home and it is a high cost to have
people taking cars home who don't even live in the City of Miami. It's
questionable as to whether they need to take them home in every instance at
all. Let alone if they don't live in the City of Miami which is additional
miles clearly, by definition, not doing City work. They're driving beyond the
jurisdiction. By the way, the IRS would probably be interested in those miles
anyhow, because they're taking them beyond the jurisdiction of their jobs and
that's basically personal use. Then they get into accidents outside the
jurisdiction, then we have liability, so that's an additional cost from taking
those cars home, plus I just don't think that should be an incentive use. If
you want to increase somebody's salary and I don't suggest that you be
increasing too many salaries of those people, then, you know, do it that way
and not providing cars.
Commissioner Plummer: Question, Mr. Manager. When are we getting the budget?
Mr. Odio: It's up to you. I'm ready to go in the last week of July. If you
want, you can have the budget workshops then.
Commissioner Plummer: No, when are we going to get the book?
Mr. Odio: The book should be ready after I'm through with the departments
sometime at the end of June, the middle of July.
Commissioner Plummer: That's - in other words are we then to look for the
budget book before the 15th?
Mr. Odio: I'm going to try to.
Commissioner Plummer: All right, now have they, the rest of them complied
with our request that all other budgets be presented at the same time?
Mr. Odio: We have told them that. All the authorities are part of the same
process.
Commissioner Plummer: But I'm talking about DDA, Off Street Parking, Bayfront
Park Trust. They are all aware...
Mr. Odio: And Miami Exhibition and Sports Authority.
Commissioner Plummer: Whatever, whatever. Whoever's budget we have control
over must be in no later than the 15th of July.
Mr. Odio: And they're going to be part of the budget book.
Commissioner Plummer: That's fine, OK.
Commissioner Alonso: OK, now questions...
Vice Mayor Dawkins: Mr. Manager...
Mr. Odio: Now, it's up to you to set up the time when you want to hold the
workshops.
Commissioner Plummer: Well, those will be held in September, I would assume.
Mr. Odio: No, I wanted to do it at the end of July.
Vice Mayor Dawkins: You won't...
Commissioner Plummer: You'll not have me.
Vice Mayor Dawkins: You won't have me.
Mr. Odio: OK, then, we'll do it in September.
Commissioner Plummer: Yes.
Mr. Odio: Right after Labor Day.
Vice Mayor Dawkins: Mr. Manager.
60
June 2801990
Mayor Suarez: Vice Mayor Dawkins.
Vice Mayor Dawkins: When we come back at 2:30, have for me the discussion and
the settlement of the rent problem I had with the Orange Bowl. Now all of you
have been over there negotiating and everything and nobody has said a word to
me now. I had said I was going to do it now. But since we're going to
discuss it at 2:30, provide me with all of the negotiations and the
settlement.
Commissioner Plummer: Commissioner, I would ask that Linda Kearson from the
Law Department, I think in particular the issue you're speaking to, she can
advise you. We asked her for a legal opinion oh, I'm sorry, the City
Attorney through Linda Kearson. Yes, he is.
Vice Mayor Dawkins: You all ask her for a legal opinion and what?
Commissioner Plummer: A legal opinion...
Vice Mayor Dawkins: Oh, that's OK.
Commissioner Plummer: I think that if that can't be answered, the other
material we provided to you this morning, Mr. Dawkins, a pack of papers. I
don't think you were here. Do you have it there? You should have a pack of
papers relating to all of the negotiations and all of the recommendations of
the Manager.
Vice Mayor Dawkins: What did the Manager recommend about my problem with
the...
Commissioner Plummer: His problem with the office.
Vice Mayor Dawkins: Office.
Commissioner Plummer: The legality of that. You want the answer quickly?
Vice Mayor Dawkins: Yes.
Commissioner Plummer: The answer quickly is, is that they cannot enter into a
lease for the office, the space. They can by one of two ways be involved in
that. Number one, the City could issue a revocable lease, a revocable permit,
which would be called back on 30 days or the City could come 'back and change
its ordinance requiring the minority involvement.
Vice Mayor Dawkins: Then, I'm move at 2:30, see, that you all defer this. I
get tired of sitting up here telling you what I need and what I want and the
Manager didn't even have the decency to come to my office and tell me we got a
problem with this. I got to sit up out here and hear this.
Commissioner Plummer: Mr...
Vice Mayor Dawkins: No, no, J.L.
Commissioner Plummer: Mr. Dawkins, I'm not defending him. He's a big boy.
But let me say to you that I got the answer from the Legal Department this
morning, OK?
Vice Mayor Dawkins: OK.
Commissioner Plummer: So, until that answer was forthcoming this morning,
nobody knew what the real technical answer was and that is going to be
incorporated in her answer to the Commission which she gave to us, the
negotiating committee, this morning. So, I'm just putting that on the record
at this particular time, sir.
Vice Mayor Dawkins: OK, all right. Well...
Commissioner Alonso: OK, Mr. Mayor, going back to item 24...
Mayor Suarez: Yes, Commiti inner Alonso.
Commissioner Alonso: ...the budget. I'd like to have some answers concerning
the situation. What's going to happen with the employees that were about to
61 June 39, X990
�*------------
-
10'
lose their jobs? I'd like to have some response in that and, if not, I'm
going to move that we go ahead with the five percent reduction and see how my
colleagues feel on this. But I'd like to hear from the City Manager if he has
been able to work any plans whatsoever to save the gobs of these people.
Mr. Odio: Yes, I have looked... as I looked at the 190-191 budget, not only
do I maintain my position, that positions will have to be eliminated, but I
will tell you this, you will not have a balanced budget unless that is done,
unless positions are eliminated. And I will not sit up here and tell you that
you can balance the budget without doing that. The five percent salary
reduction cost is meaningless compared to the problem that we have. It means
nothing. It's only $342,000 of savings when I'm looking at a deficit of nine
and a half million dollars right now.
Commissioner Alonso: Are you talking for this year?
Mr. Odio: For next year''s budget and...
Commissioner Plummer: The coming year.
Commissioner Alonso: For next year.
Mr. Odio: ... therefore, I have to start taking steps now to make sure that
come October 1st, we start off the year with a balanced budget. And there are
positions that have to be eliminated. I would like to proceed to do that
immediately so that we can have a balanced budget in the City of Miami.
Unless we do that, we will not have it. And I want you to know that I will...
Commissioner Alonso: I'd like to know what positions, how many people will be
involved. I'd like to have a better picture of what is the true story so that
we can have an indication of how serious the problem. You're talking about
nine millions.
Mr. Odio: Nine and a half.
Commissioner Alonso: Meaning you're going to cut employees to that amount?
Mr. Odio: No.
Commissioner Alonso: What are you going to do?
Mr. Odio: I don't know until I finish the budget how many positions I will
have eliminated from the budget.
Commissioner Alonso: Why do you want to take - you say you want to start
taking action right now, meaning you will fire people now?
Mr. Odio: Because I have offices that have concluded their work that I don't
need. We cannot afford to have them on the books. We instituted a savings
program that would take a year to take place unless I start taking steps now
to do so, it will not be done in time and the budget will not be balanced. We
have an agreement with the SE...
Commissioner Alonso: Yes, excuse me, that I interrupt you. You say, offices
that completed their work. It means contracts that offices that you just say
set up for a year, let's say...
Mr. Odio: That's correct.
Commissioner Plummer: No, not contracts.
Commissioner Alonso: ...those we have no problem with that because if you
make - you have given them a contract for a year, they knew quite well, they
just came for that length of time. So, actually, that's not what concerns me.
Mr. Odio: I have offices that have concluded their work, Strategic Planning,
that I don't need to keep around any more and I want to move on that. The
Office of Industrial Engineering, we cannot afford to have at this time. We
also are doing something with the other offices that are in the City so that
when I start October 1st, offices that will not be recommended by me In the
budget, will already have been displaced.
b2 June 28,1990
Vice Mayor Dawkins: May 1, Commissioner?
Mr. Odio: And the pain is less because...
Mayor Suarez: Vice Mayor.
Vice Mayor Dawkins: May I, Commissioner De Yurre?
Mayor Suarez: Mr. Vice Mayor.
Vice Mayor Dawkins: I mean, Alonso?
Commissioner Alonso: Yes.
Vice Mayor Dawkins: If you have agreed to eliminate
Strategic Planning, are
you going to terminate everybody in that department or are you going to shift
them some place else and lay somebody else off?
Mr. Odio: No, the people... well, first of all over
there is civil service
rights. When you lay off someone in one unit...
Vice Mayor Dawkins: How many civil service people are
in Strategic Planning?
Mr. Odio: All of theta except for two.
Vice Mayor Dawkins: And how many is all of them --I mean, all right, two...
Mr. Odio: There's only five. Three of, them is civil
servants, the other two
are not.
Vice Mayor Dawkins: It's not but five...
Commissioner Alonso: So, how much is the saving?
Vice Mayor Dawkins: I'm sorry, go ahead, Madam...
Commissioner Plummer: Well, wait a minute, you've got
to go further.
Commissioner Alonso: How much is the saving?
Mr. Odio: I have never...
Commissioner Plummer: What he is saying, excuse...
Mr. Odio: ...see, my problem is, I never done a budget in little pieces like
this.
Commissioner Plummer: What he's saying is, that those people that are civil
service will bump, under the rule that says....
Mr. Odio: Sure.
Commissioner Plummer: ...the last hired are the first to be let go.
Mr. Odio: That's right.
Commissioner Plummer: So, you've got to follow that down the line. Those
three people that you have to - if they have the seniority, assimilate back
into the system, would release at least that many people back at the first
hiring.
Mr. Odio: I have fourteen people that are prepared to send letters out that I
would like to move on immediately. There are other positions that will be
eliminated from the budget as I finish the budget and you will be able to look
at it and vote on the budget as you receive the books. I'm going to prepare
more than one alternative for you to vote on but that I cannot tell you how
many positions will be eliminated from the budget until I finish all the
departments.
Vice Mayor Dawkins: Then a person, male or female, who's been working for the
City of Miami six years and is not civil service, will get laid off because we
brought a person on last year and made them civil service.
63 June 20,19"
Mr. Odio: Sir?
Commissioner Plummer: That's true.
Mr. Odio: I don't know specific cases, I...
Commissioner Plummers Under our system, that's true.
Mr. Odio: But that would be true under the civil service system.
Vice Mayor Dawkins: And yet, we made the General Service employees agree to
not take a salary raise and guaranteed them that they, would not lose no jobs
and now they're going to be bumped.
Mr. Odio: No, sir. The agreement with the AFSCMS people that you're
referring to was until September 30th of 1990. That contract expires then and
I will suggest to you one more time, Commissioner, that you will wait until
you get the budget books and then judge for yourself how you're going to have
a balanced budget.
Vice Mayor Dawkins: You are the Manager. I'm expecting you to manage, OK?
As an elected official, I need information to disseminate to my constituency.
Mr. Odio: Yes, sir. That's why I think this is caution, is out of context
because you do not have all of the information in front of you.
Vice Mayor Dawkins: But, see, it's out of context for you but it's not for us
because the people call us constantly and come in our office. So, it's not
out of context. We have to have some answers.
Commissioner Plummer: Two questions that I have. Are you saying that if you
don't terminate individuals now, that there is a potential that this budget
could end in a deficit?
Mr. Odio: Yes.
Commissioner Plummer: Yuu have no choice then, Mr. Manager.
Mr. Odio: I've been trying to say that for the last - for a week.
Commissioner Plummer: No, no, no, you have no choice. OK? Now, the one
thing that I've always been concerned about and we've been in this dilemma
before in my 20 years here, I would hope, Mr. Manager, that whoever or
whatever is going to be terminated, that we don't come up October the 1st and
say, October the 2nd, you're without a job. OK? What I'm saying to you is, I
would like to have at least the comfort of knowing that anybody that is going
to be terminated would know 90 days in advance. OK?
Mr. Odio: That is a fair...
Commissioner Plummer: That if, in fact, they know that, they'll still be on
City payroll and have the opportunity to go out and look for another job. So,
what I'm saying to you is, that you botter start, before this Commission now,
because your July, August, September, you got three months starting July the
lot of the 90 days. And I'm just saying to you, out of humanity standpoint,
that the people that are going to be terminated should have that opportunity
to know, in advance, that they've got to go out and look for another job.
Mr. Odio: See, the reason, and I get very nervous when I discuss it like
this, is that I don't want to start a panic that we're contemplating 200
layoffs. We are not. What we're trying to do, as we go through each
department's budget, is to eliminate vacant positions first. They are going
to be eradicated from the budget and then try to minimize, so that we're
trying to minimize people going out the door. I said that before. I hope
there are not that many. But you cannot tell yourselves at my hands, say, no
there are not going to be anybody going out the door. You cannot balance the
budget. It's the serious.
Commissioner Alonso: I... Mr. Manager, I'd like for you to explain to me a
little bit. I was not part of the budget of the present budget. I was not
here at that time. Therefore, I was not involved in details other than wh4t
64 June 28, 1990
any citizen receive as information, the booklet and the portion of the
information. As you see, right now, I'm sitting right here as a Commissioner
and I still I don't have all the facts. So, I feel that I'm kind of lost
because I don't have all the real numbers, all the real picture to try to make
some sense. I know you are the Manager, you are the one who has to make the
final decision. But 7, as a Commissioner, have a tremendous responsibility to
the employees of the City of Miami as well as the general public and I want to
protect the people that work for the City of Miami and that's my intent. I
want everyone that works for the City of Miami to have security and I'm going
to fight for that to whatever extent it takes. So, let me ask you some
questions. You just said a minute ago that we might not have a balanced
budget. May I ask you why not? What happened, what caused our budget...
Mr. Odio: Budgets are as good as...
Commissioner Alonso: ...to be in the situation that we are now?
Mr. Odio: Yes, I've said that before
year depended on some factors that we
good as the projections you make. We
not come through and, therefore, we
Because if your revenues do not match
budget, and...
in the last meeting. The budget this
put into the budget. A budget is as
made projections on revenues that did
have to immediately reduce expenses.
your expenses, you have an unbalanced
Commissioner Alonso: May I ask, could you give me some major example? -don't
give me $10 and there, give me major examples.
Mr. Odio: Example of one... no, I'll give you a six million dollar example.
Commissioner Alonso: Yes.
Mr. Odio: Solid Waste garbage fee, which was discussed, in the budget I have
read the transcript, we said in the budget, we would recommend a $40 increase
and it was - we put in the budget the revenues for of the increase of the $40
and it did not happen. Therefore, I had to...
Commissioner Alonso: May I ask you this question? You had indication and the
people working with you in the budget and I realize that the Commission has to
approve the budget and it was done, but what indication did you really have
that this Commission was ready to approve the $6,000,000, the increase in the
Solid Waste fee? Because as I recall, it was turned down a unanimous vote.
Mr. Odio: Yes, it was.
Commissioner Plummer: No.
Commissioner Alonso: So, somehow... did you vote for it?
Mr. Odio: No, he voted for it.
Commissioner Plummer: I voted for it.
Commissioner Alonso: You voted for it? -you voted for the increase?
_
Commissioner Plummer: I voted for it.
Commissioner Alonso: For the increase? OK, you were the only person
saying...
i
Mr. Odio: But you see, Commissioner, I'm glad you said that. May I answer?
Commissioner Alonso: OK. Let me continue so you can ask - yes, so you can
_=
answer completely all of my questions.
Mr. Odio: I'll answer your questions.
Commissioner Plummer: Can I say one thing, please?
Commissioner Alonso: Yes.
Commissioner Plummer: I voted for $40 increase as opposed to the alternatives
of curbside pickup. So, please make the record clear why I voted for it. The
65 June 28, 1990
S.^
people of this community damn well have told us time and time, they're not
going for curbside pickup, so the only alternative that I saw to make the
revenue was the additional $40 fee.
Commissioner Alonso: But, we did not agree to go to the curbside pickup.
Commissioner Plummer: That was the alternative.
Mr. Odio;; I also, - Commissioner, I have an obligation...
Commissioner Alonso: Yes, but OK, now my question is this. We were planning
on an increase that apparently this Commission was not ready to approve.
Then...
Mr. Odio: That's correct.
Commissioner Alonso: Then - OK, so that budget was done on the basis of
something that was not really likely to happen. I recall that in my first
Commissioner meeting, I was asked to approve a four percent increase for the
Solid Waste employees. I asked who were the people to receive the increase,
which I agree with all my heart.
Mr. Odio: And that money, that...
Commissioner Alonso: They were the lowest pay and to me it was acceptable.
But prior to making a commitment, I asked, is the money available? Are we
going to have layoffs later on? Are we going to have problems with the
budget? I was reassured on the record, and outside the record, that we were
not going to have any problems. How am I to feel at this point, when I see
that, indeed, we might not have... we have problems with our budget and at the
same time, we approve an increase, we were short in six million. How can I
believe what I'm told on the record and finding out at a later time that we do
have major problems?
®
Mr. Odio: The budget had a four percent increase included in the Solid Waste
Department. It was in the budget. You also froze, at the same time, six
million dollars in an account separate from, for the fund balance. OK,
that...
_`�
Commissioner Alonso: You told me that was a balance that was available. I
1
heard...
�-
Mr. Odio: No, no....
Commissioner Alonso: ...he probably came to tell you I think that's the only
way that City of Miami, sir, can prove that we have stability. You also told
me that this Commission was giving away three millions. You told me that it
Christmas time and this Commission approving, giving away three million.
Mr. Odio: We, we, the Commission...
_=
s;
Commissioner Alonso: Is that right?
Mr. Odio: The Commission in the budget has approved special programs and
accounts that we are now going to recommend to zero.
Commissioner Alonso: So, as a result of my action, this Commission is saving
money, right?
Mr. Odio: No.
Vice Mayor Dawkins: No.
Commissioner Alor•.o: No?
=
Mr. Odio: No.
Commissioner Alonso: We are not?
Mr. Odio: No.
Commissioner Alonso: Why not?
46 June 20, 1990
Vice Mayor Dawkins: Hold it, hold it. No, wait a minute, hold it.
Mr. Odio: What money...
Commissioner Alonso: Commissioner...
Vice Mayor Dawkins: No, wait a minute. I want the Manager to understand, no
one person up here can lay claim to saving money. It takes three votes up
here.
Commissioner Alonso: Of course.
Vice Mayor Dawkins: All right then, but see, the Manager sitting around there
shaking his head. Say, yes, because of you and Mano is shaking his head.
Commissioner Alonso: Commissioner Plummer, I resent...
Mr. Odio: I said not I said no, Commissioner!
Vice Mayor Dawkins: OK. Mano is shaking his head.
Mayor Suarez: All right, let's complete an inquiry by one Commissioner and
then...
Commissioner Alonso: Let me clarify with Commissioner Plummer, his comment,
and then I go back to the question I was addressing.
Vice Mayor Dawkins: OK.
Mayor Suarez: Wait, wait, wait. Vice Mayor Dawkins...
Commissioner Alonso: Commissioner Dawkins, are you saying that because of the
action that this Commission...
Vice Mayor Dawkins: Initiated by you.
Commissioner Alonso: That's right.
Vice Mayor Dawkins: OK, all right, I have no problems with
Commissioner Plummer: Wait a minute, I heard my name...
Commissioner Alonso: Are you saying... Commissioner, I really appreciate that
you come back, otherwise, we will not be able to straighten out the point.
But when he come back, we go back to that point. I go back to you, Mr.
Manager, do you think that by the actions of this Commission, are we saving
money? You say, for the record, no.
Mr. Odio: I said, you know that, that's not the question you asked me,
Commissioner.
Commissioner Alonso: Yes, I did.
Mr. Odio: You said that the actions that you had taken, are we saving
money...
Commissioner Alonso: By presenting this motion to this Commission.
Mr. Odio: On the fund balance?
Commissioner Alonso: Yes.
Mr. Odio: Sure, you're saving five, six million dollars.
Commissioner Alonso: Then, you are saying for the record...
Mr. Odio: But the monies...
Commissioner Alonso: ...that - hold it, hold it.
confusing what you are saying.
67
Because it's quit*
Commissioner Alonso: Yes.
Mr. Odio: The six million dollars were already when you. passed the ordinance
freezing the money, the monies were already in the bank, so the six million
dollars come from prior actions from the past. Those monies were accumulated
there in the past year that you were not here. That's why my answer was no.
Commissioner Alonso: Could you check in the past and give me proof that that
money...
Mr. Odio: Commissioner, let me give you.
Commissioner Alonso: ...had not been by the actions that we took that day.
Mr. Odio: No ma'am, it is not. Let me...
Commissioner Alonso: Sir, sir, let me finish because now you're doing exactly
what you've been claiming I don't do to you. Listen so you can know what is
my question. My question is this and I will appreciate that you try to
understand what my questions are. I know you have become very affected by my
request of a five percent reduction to the people who make over 460,000 and
you feel like it's a threat. Believe me, Mr. Manager, it is no. It's just by
keeping in mind that I'm trying to save peoples jobs and to me, that's
important. It should be to you too and I am sure it is. But, what I'm trying
to clarify is first, you said, for the record, this is quite confusing and it
might be more confusing to the citizens of Miami.. Therefore, it's important
that it's clarified on the record. The action that this Commission took by my
request to have a fund balance has guaranteed to the citizens of Miami that we
are indeed keeping this money safe and secure for them.
Mr. Odio: The answer to that question?
Commissioner Alonso: Yes.
Mr. Odio: By freezing that money, yes, you're saving that money.
Commissioner Alonso: All right. In the past, when we did not have a fund
balance, was that money preserved for the citizens of Miami?
Mr. Odio: We have always had a fund balance.
Commissioner Alonso: You always had?
Mr. Odio: We have had...
Commissioner Alonso: May I see the proof that in the past, you have had
always a fund balance?
Mr. Odio: Yes. Yes, I will be glad to show that, Commissioner.
Commissioner Alonso: So, are you saying on the record...
Mr. Odio: Yes...
Commissioner Alonso: ...that always, the City of Miami has had an account...
Mr. Odio: An account? -no.
Commissioner Alonso: An account that it's called and that the money has been
preserved and saved?
Mr. Odio: No. The answer to that question is no, we have not had a separate
account reserving monies, no.
Commissioner Alonso: So meaning, that fund balance has preserved the money
for the citizens of Miami because of the action we took or not?
Mr. Odio: The action that you have taken of putting six million dollars in a
bank account is saving that money that cannot be used, yes.
68 ,Tune 20, 1990
F
Commissioner Aloneos Could you give me a...
Commissioner Plummer: Only by vote of this Commission.
Mr. Odio: That's correct.
Commissioner Alonso: Could you give me an example of your evaluation of
having done that. Do you think it's good for the City of Miami? It's an
action that has no importance whatsoever. It would have been the same to have
the account, or not to have the account.
Mr. Odio: Well, of course, by freezing that money, that money will be there
are the end of the year. And it's fine. And, yes, the money has been
preserved. However, in the meantime, we have to balance the budget for 190
and 191 where you are facing a loss of revenue and an increase of expenses.
Commissioner Alonso: Yes...
Mr. Odio: And either... and to balance the budget, then either you increase
the revenues or you lower the expenses.
Commissioner Alonso: Right. Going back to the question...
Mr. Odio: You cannot use your fund balance to balance the budget by six
million dollars. That money has to come from somewhere else.
Commissioner Alonso: Let's not move so fast. I want to go back. I want go
slowly. Let me go back to the point, because I want you to clarify since you
became so forceful to say that it was of no importance. At least, I
understood that to be the case.
Mr. Odio: No, no, you misunderstood me. I Think it's important to have...
Commissioner Alonso: So would you evaluate...
Mr. Odio: ... in fact, if you...
Commissioner Alonso: ...that because you told me, in my office, when I asked
you of what you thought...
Mr. Odio: I think it's a good idea.
Commissioner Alonso: ...of this step that I wanted to suggest to the
Commission and that I was very glad it was a unanimous vote on this
Commission...
Mr. Odio: I think it's a good idea. But...
Commissioner Alonso: ...and also, I recall Commissioner Plummer making
comments and saying, that's great because we will be able to keep the money at
the end of the year. And some of the Commissioners and the Mayor making equal
remarks, so...
Mr. Odio: And I think it's a great idea but it has a price. You pay a price
for everything you do.
Commissioner Alonso: So you mean....
Mr. Odio: And that's what I'm trying to tell you.
Commissioner Alonso: ...what is the price that we have to pay?
Mr. Odio: The price is that when you try► to balance the next year's budget,
you have frozen six million dollars here. You have a shortfall of... we had,
the last time we met here, we had a 60 million dollar problem, we're down to
nine and a half. So, when you have a nine and a half million dollar problem
in your budget balance, somehow, from somewhere, it has to come. So, if you
cannot touch the six million dollars to use as funding to balance the budget,
you have to increase taxes, increase the garbage fee, you increase all the
fees that we need to increase. And I will recommend a ten point millage.
69 June 28, 1990
s;
�
Commissioner Alonso:
So are you saying, Mr.
Manager, for the
record, are you
saying, Mr. Manager
for the
record, that the
reason that...
Mr. Odio: To...
Commissioner Alonso:
...we
are having this
problem is because
we have a fund
balance?
Mr. Odio: No, no, I didn't say that. We had a fund balance last year.
Commissioner Alonso: Well, you just said that - excuse me, because I don't
understand too well.
Commissioner Plummer: That's not a true statement either. That's not a true
statement.
Mr. Odio: That's not true.
Commissioner Plummer: No, if you had - excuse me...
Commissioner Alonso: Yes.
Commissioner Plummer: ...if you had a fund balance - and I'm not finding
fault with you now - but where your statement is incorrect, if you had a fund
balance of one million dollars...
Mr. Odio: Right.
Commissioner Plummer: ...instead of six.
Mr. Odio: You would still have a problem of eight and a half million...
Commissioner Plummer: You'll have a problem, but to a hell of a lot less
degree.
Mr. Odio: Sure, of course.
Commissioner Plummer: You have five million that you don't have to address...
Mr. Odio: But I'm addressing facts.
Commissioner Plummer: ...and your deficit of nine million comes four.
Mr. Odio: But I'm addressing facts.
Commissioner Plummer: OK, I'm saying...
Mr. Odio: You have six million.
Commissioner Plummer: I disagreed with your statement.
Commissioner Alonso: OK, I recall that in my office, I call you. I was newly
elected Commissioner...
=1 Mr. Odio: I told...
Commissioner Alonso: ...and I have heard through the year that money was
given away because we have pressure, people coming with good projects, but
it's not always possible to say yes.
es
Mr. Odio: That's true.
Commissioner Alonso; It was an effective way to have a tool to save...
Mr. Odio: Yoe.
Commissioner Alonso: ...I inquired and I said, I want to have a fund balance
and you told me, oh, this is great...
Mr. Odio: It's fine, I keep saying that it's great.
Commissioner Alonso: ...I recall. Fine, let me finish. You also told me I
said, Mr. City Manager, would you give me an idea of what amount will be
reasonable to be placed in this account without any kind of interference with
the finance of the City of Miami, with your function as a City Manager...
Mr. Odio: Right.
Commissioner Alonso: With the City as a whole and guarantee that we are
moving into the direction of having some money that is preserved and it helps
us look well in the evaluation of the City. You also told me how great it was
when we go for evaluations and for bonds because we can prove that now we have
a very sound...
Mr. Odio: That's true.
Commissioner Alonsos ...strong City as a result of the actions of this
Commission approving the fund balance.
Mr. Odio: The bond rating agency...
Commissioner Alonso: Has that changed, Mr. Manager?
Mr. Odio: No, at all. I still think...
Commissioner Alonso: Then, I'm very confused by your comments.
Mr. Odio: I still think it's a great idea to be able to save six million
dollars. If we can balance the budget without touching the fund balance, I
think it's a great accomplishment.
Commissioner Alonso: Yes...
Mr. Odio: In the past, we have had fund balances and we have used them to
balance the budget and replenish the fund balance at the end of the year.
Commissioner Alonso: Is the fund balance the cause of our problems...
Mr. Odio: No.
Commissioner Alonso: ...or is the solid waste fee increase that did not pass?
Mr. Odios The fund balance has nothing to do with the balancing of our
budget. I want you to understand that. The fund balance has nothing to do
with balancing a budget at all. It has to do with cash flow.
Commissioner Plummer: But given...
Commissioner Alonso: Then...
Mr. Odio: There is a big difference between that.
Commissioner Alonso; I'm glad you are saying that now for the record, because
that's the opposite of what I understood.
Mayor Suarez: You're using the terms erroneously. You're using the terms
erroneously, Mr. Manager, the fund balance is precisely the budgeted amount.
Mr. Odio; No, I'm not. Fund balance, Mr. Mayor, is the...
Mayor Suarez: The fund reserve of the Commissioners motion put into effect is
one that takes into account cash flow and says, regardless of cash flow, you
must always have at least six million dollars. So let's not get it all
backwards, because otherwise we're really going to go crazy.
,9
t
71 Juno 28, 1990
POV
Commissioner Plummer: Yes, but I think, you know, in
all honesty, Mr.
Manager, what you ought to prepare for her and give to her,
that was only one
item.
Mr. Odio: I'm trying to explain it.
Commissioner Plummer: OK. That was only one item that has created the
problem.
Mr. Odio: It has nothing to do - the six million dollar
has nothing to do
with balancing the budget this year.
Commissioner Plummer: You're not listening. I'm saying that the non passing
of the increase in the garbage fee was one of the problems.
Mr. Odio: That's one of the problems.
Commissioner Plummer: You're not listening.
Commissioner Alonso: It's a six million problem.
Mr. Odio: The overtime in the Police Department...
Mayor Suarez: Don't bring the disturbances into it again,
Mr. Manager. That
was not in this fiscal year, please.
Mr. Odiot OK.
Commissioner Plummer: We had a disturbance...
Mayor Suarez: That was the prior fiscal year. It sounds like you use that
every fiscal year.
Commissioner Alonso: Not this year.
Commissioner Plummer: OK, that created a problem all the way through, but I
think what you need to do is to show her where the shortfalls occurred.
Mr. Odio: I can. I can very simply and you're going to see an ordinance on
July 12th to correct balance in the budget for this year because we have found
ways of balancing the budget for this year. You will have to act on it and we
will come by your office and explain to you what accounts we're moving to,
when and from to balance the budget for this year. However, it was not -only
the garbage fee...
Commissioner Plummer: It's other things.
Mr. Odio: ...it is the overtime in the Police Department that as we add
police officers, the more officers we have, the more overtime we have in
direct proportion.
Commissioner Plummer: Which doesn't make sense.
Mr. Odio: And we're up to... we have exceeded that in three million dollars
this year. Three million dollars.
Mayor Suarez: A certain amount of that is budgeted. A certain amount of
overtime should be budgeted.
Mr. Odio: We have now...
Commissioner Plummer: Let me ask you a question. Is the Police Department
budget finished?
Mr. Odio: I'm going to spend all day Monday with them.
Commissioner Plummer: May I have a copy of it on Tuesday?
Mr. Odio: When I'm finished with them, yes.
Commissioner Plummer: I would like to look at it because that is in ground
numbers, we're talking $50,000,000.
72 Juno 28, 1990
Lei
Commissioner Plummer: No, that's budgeted. They spend over a hundred million -
every year. OK? With capital improvement and everything.
Mr. Odio: This year they have overrun their budget by three million dollars,
this year. --
Commissioner Plummer: OK, I Mould like to see that budget which happens - I
assume is the largest... -
Mr. Odio: It is.
Commissioner Plummer: OK, and of that - let's use $80,000,000. What of that
is, in fact, salary or people?
Mr. Odio: Ninety-four percent.
Commissioner Plummer: There's your answer.
Commissioner Alonso: OK, now, I'd like to have information and I think it's
important for this Commission to have the information of how many people are
you planning to lay off and...
Mr. Odio: Right now, fourteen.
Commissioner Alonso: Fourteen?
Mr. Odio: Yes.
Commissioner Alonso: What department?
Mr. Odio: They are from different offices. I don't have the list in front of
me here., but I...
Commissioner Alonso: Could you...
Mr. Odio: I think you have the list already...
Commissioner Alonso: ...have your staff tell us.
Mr. Odio: I already gave you a list. You already have the list of the
fourteen in your office.
Commissioner Alonso: Well, I think it's important since we are talking about
something that it's in the open, I think we might as well talk...
Mayor Suarez: I have not seen the list. Maybe it was circulated, but I've
not seen it.
Mr. Odio: It was part of the program that you asked me to bring of the two,
of the three and the five. You asked...
Commissioner Alonso: And the salary range of the ones of these fourteen that,
indeed, you are planning to lay off.
Mr. Odio: One makes 438,000 and the others ones are above $45,000.
{ Commninsioner Alonso: You mean, people between thirty-eight and forty-five?
-k
Mr. Odio: No, higher than that, and sixty-seven, I think, is the... sixty-
x seven, seventy...
Mayor Suarez: The two, three, and the five percent, let me just put into the
-a
record have to do with next year's fiscal budget, not this years. So it would
not be directly related to it, Mr. Manager. It might be indirectly related,
but...
Commissioner Plummer: Have those people been given 90 days notice?
Mr. Odio: I haven't given them any notice. I was going to do it...
73 June 20, t990
4f
ie.
0
Commissiorner Plummet: But, I mean, will they be given 90 days notice?
Mr. Odios Yes, yes. No, yes...
Mayor Suarez: That would put them in the next fiscal year, by the way; the
layoffs.
Commissioner De Yurre: Mr. Mayor...
Commissioner Plummer: No, not if you affect it before the 1st of July. July,
August, September...
Commissioner Alonso: Are you anticipating any more than the fourteen?
Mr. Odio: I don't know until I finish the budget, Commissioner, and what you
approve or not approve in the budget, and who is going to be affected. And,
that's why I said that to do it this way is wrong. You have to look at the
total picture.
Commissioner Alonso: Right, but we're talking of a problem of a budget that
is not balanced, according to what you've been saying. And that is serious
enough.
Mr. Odio: For next year? Yes, that's why I'm trying to meet with every
department and when I'm through with the department, then I know what the real
budget is.
Commissioner Alonso: You don't have any problem for this year's budget.
Mr. Odio: This year, we'll bring up appropriation ordinances on July 12th
balance in this year's budget.
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Yes, Commissioner De Yurre. It's 12:06.
Commissioner De Yurre: If I may speak for moment. I think that the City
Manager understands and appreciates our concerns and I'm sure that he is
sensitive to our concerns. By the same token, he's got a job to do and he's
got to do the job. And I don't think that we can handcuff him for an extended
period of time and keep him up in limbo as to what he can do and what he can't
do. He's got a directive from us to do his job. He knows what our feelings
are. Let's let the man do his job. And I think that that's my feeling and
I'll tell you one thing, I'm in no favor of any five percent Pay cut for
anyone. That would be my vote if it comes to a vote. I'm not going to vote
for any pay cut unless everybody wants a pay cut in the City, then we'll deal
with that issue. But I will not single out any particular group for any
significant five percent pay cut. Again, that's my feeling. He's got a
directive, he's got a job to do, let the man do the job and lct's get on with
it. Understanding our feelings in this Commission, understanding the
sensitivity involved, understanding the humanistic issues involved, and let's
get on with it.
Commissioner Alonso: OK, in this case, I'd like to make a motion for the five
percent reduction and do it with an attachment that says, in case it's
completely necessary, in order to save jobs, the City of Miami, I'm moving,
and if I have the votes, fine. If I don't get anyone to support me it's fine
too. This is my position, this is my stand. I'd rather save peoples job by
cutting five percent that going alone and saying, I don't care. So I'm going
to move that in case it's necessary, I want to pass a motion here today, if I
have the votes. If not, with this message, we're saying whatever the Manager
has to do, even if it means firing people, let's be done. OK, so I'm asking
for five percent reduction in all salaries above $60,000 with the intention of
Commissioner Do Yurre: Does that... do you want...
Commissioner Alonso: There is nothing. Remember, I tried to do it with the
Police Department in order to be consistent, you said, let her be consistent
and I was alone. Remember?
Commissioner De Yurres OK, but I want...
Commissioner Alonso: So, in that case, we cannot change what has been agreed.
Commissioner De Yurres OK, but basically then, what you're asking for is a
reduction of people that make over sixty, they are the unclassified few that
exist in the City. That's basically your motion.
Commissioner Alonso: It's not that few, Commissioner. I want you to know
that the numbers are quite high. I assure you of that.
Mr. Fernandez: As a matter of law, Mr. Mayor, I have already advised this
Commission that anyone who serves in the City under a contractual agreement,
mostly referring to the unions, of course, they would be exempted from this
five percent reduction. Those are rights that you have, in fact, already
bargained and negotiated away and it would need to be bilaterally agreed with
yourselves and the union in order to accomplish that. Otherwise...
Commissioner Alonso: At the time that the discussion is done with the unions.
Mr. Fernandez: But, otherwise, your motion, Commissioner Alonso, only
contemplates non —union employees who make over sixty thousand dollars.
Commissioner Plummer: But you're talking about a year off on most of the
unions, before you negotiate again.
Mr. Odio: Sir, we're negotiating right...
Commissioner Plummer: Oh. Well, you just passed the one for the Police
Department.
We got fire and AFSCME.
Commissioner Plummer: OK. I mean, so you're talking at least a year before
those contracts are expiring or you could negotiate something new.
Mr. Odio: I have to say, Mr. Mayor, for the record, this is a bad message. I
don't know where the sixty thousand dollar figure came from, arbitrarily, and
that's my problem with this.
Commissioner Alonso: Do you want to reduce it to fifty?
Mr. Odio: No, I would reduce it to all of them. If I thought that would
balance the budget, you see. That is the problem, I don't... you're not going
to balance any budget by saving $300,000. I am doing more than that right
now, going through the budget process. And I...
Commissioner Alonso: Mr. Manager, I beg to disagree with you. I don't think
that it's only $300,000. It's much more than that.
Mayor Suarez:
If you don't touch the Police, Fire, AFSCME, and others, it's only
Commissioner Alonso: I said in my motion included at the time that it will be
discussed with the unions, then we have to address the five percent cut as
well.
Mayor Suarez:
Mr. Fernandez: One thing would be discussion,
without them agreeing on it.
Commissioner Alonso: Of course not. Of course not.
you cannot impose it
Mayor Str "zt Basta: have made that entirely clear, Mr. City Attorney. Thank
ynnt_ Cannot affect an existing contractual agreement With...
Fir. Fernandez: If you say so.
Commissioner Alonso: It's well understood.
Mayor Sisarez: Right.
Mr. Odic: Then that's totally unfair.
Commissioner Plummer: Yes, but you see here
- let me
tell you where this
thing
is going to bind.. You know,, because the
longer we put offbiting.; the
bullet,
the - bigger the bullet is going to get. And it is
reaching proportions
now of
a rocket. instead of a bullet. If you don't
reduce
their salaries. You
know,
the unions have their right to stand pat
that they have an agreement.
Se if
you don't. cut... if they don't agree to
cutting
their salaries, then:
you:'ve
got to cut people which will affect their
people.
Vice Mayor Dawkins: Are you saying or whoever is saying, that if are vote for
a five percent reduction in salaries, nobody at all will be laid off?
Mr, Odio: The answer to that, Commissioner...
Vice Mayor Dawkins: No, no, no, listen, I'm talking to my Commission- No.,
I'm. talking to my Commission. Not you, sir. I'll get to you in a fear
minutes..
Commiss£oner Plummer: Well, are you saying five across the board?
Vice Mayor Dawkins: A motion was made that we reduce salaries by five percent
in, anybody unclassified making more than $60,000 a year.
Commissioner Plummer: Oh hell no.
Vice Mayor Dawkins: Now, well I - hey, I just need clarification, that's all..
So now, if you do this, are you going to say then that nobody will be laid
off7'
Commissioner Alonso: Well, according to what I have in the record now,.
according to the Manager, he only has 14 people. We are not talking about
that much money, are we7
Mr. Odic:: Fourteen people is $686,000. That's what just 14 people represent
plus I have said all along...
Vice Mayor Dawkins: All I need to know is, that the five percent means that.
we will lay nobody off. If not, you're going to pass a five percent.
reduction, people are going to take reductions and you're going to come back
and lay somebody off. So now, hey, I need to know where we are and what we're
voting on.
Mayor Suarez: That's the motion to the best of my understanding what's been
put in this record is that it would save, right off the bat, for u=lassified,
something in the vicinity of less than $400,000 and....
Mr. Odic: No, Mr. Mayor, not right off the bat.
Mayor Suarez: I'm sorry?
Mr. Odic: Not right off the bat. You will save this year maybe $90,000....
Mayor Suarez: I'm sorry, as to the fiscal year in question, over as entire
fiscal year. Whereas even just these I4 that you're proposing might have to
be laid off and I'm act sure if they're going to be laid off is this fiscal
year. It sound as like next fiscal year if you're giving a 90 day notice, VXUSlc
only add up, over an entire year, to almost twice that figure. So, we'vf
got... it does not accomplish what you were asking about, Mr.. Vice Mayor and
it's a good clarification. It does eat guarantee no layoffs. I ih.ink the
Manager is gain& to have to abider by a policy of not laying, off people Unless.
absolutely necessary, which I think is the thrust of what Conmissionar Aja tao
76 .Tun 2S. 1 '
1*1
is proposing. You are going to have to do as Commissioner Plummer was doing
before, department by department, really, really thin out things and come back
with a budget...
Mr. Odio: Oh, yes.
Mayor Suarez: ...we are taking a very active role in this budgetary process.
I can see everybody doing it and I would prefer to continue doing that from
now on till September then to pass this motion, but there is a motion and if
there is a second, we would vote on it. I have not heard a second.
Commissioner Alonso: Well, the question is this, Mr. Mayor. The reason that
I'm taking this step, is to send a very strong message that we are really
committed to the idea of savings jobs. That we are really committed to the
idea of people who have been working for the City of Miami for 3-4 years, they
have no benefits. And tomorrow we tell them, go homy, good-bye. And they
make eight, ten thousand dollars and they have no job security. They have
nothing in the City of Miami. That's the thrust of what I'm doing. The City
Manager unfortunately has taken this as a threat to him which was not my
intention at all. It has not been from day one. It has only been a very
strong message. A very strong message that we care about these people that we
are trying to protect the jobs of these individuals. That's all.
Mr. Odio: No...
Commissioner Alonso: It doesn't make me feel any better to see that we are
making a reduction of five percent on people who make over $60,000 and not
saving people's job. That's not the point. The point is, to send a message
to the City Manager that we care about the ninety -nines. To send a message to
the City Manager that we care about the people who work in Park and
Recreations. To send a message to everyone that we want to protect that and
if we don't have any other choice, then we allow that to be the case. That's
the only message that I'm trying to send.
Mayor Suarez: And I have a feeling that maybes the correct way to send that
message is to spend the next three months combing, with a fine tooth comb,
every aspect of the budget, finding every possible reduction - including, by
the way, Mr. Manager, the thrust of the motion in another way as I put it in a
memorandum to the Commissioners and to yourself, that that group that makes
over $60,000 be treated as a department, as if they were a department and also
undergo a five percent reduction, as you have proposed, to each of the
departments.
Mr. Odio: Mr. Mayor...
Mayor Suarez: To do it in a blanket motion as the Commissioner has suggested,
may not be the correct way to do it. But I proceduraly, at this point, if you
would later answer on that - I'm not particularly interested in going into
that now because we're at 12:16.
Commissioner De Yurre: Mr. Mayor, let's call the question and let's get
going.
Mayor Suarez: We have a motion, we don't have a second. Let's see, first of
all, if we even have a second. If not, we'll be breaking for lunch and coming
back at 2:30. Do we have a second on that motion?
Commissioner Alonso: I think I'd rather wait till the afternoon that we will
have an opportunity to discuss your proposal as well.
Mayor Suarez: OK, you could restate the motion at that point. We're
otherwise recessed until 2:30.
THEREUPON THIS ITEM WAS TABLED AND THE CITY COMMISSION
WENT INTO RECESS AT 12:17 P.M. AND RECONVENED AT 2:42
P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO
BE PRESENT.
77 Juno 28, 1990
15. (A) REQUEST ADMINISTRATION TO STUDY AND REPORT BACK ON PRESENT
AVAILABILITY OF DOCKSIDE FUELING SERVICES WITHIN THE CITY -
REQUEST FIRE DEPARTMENT TO COME BACK WITH WRITTEN
RECOMMENDATIONS AS TO SAFETY, POTENTIAL LIABILITY AND
ENVIRONMENTAL REGULATIONS WHICH MAY EXIST - INSTRUCT CITY
ATTORNEY TO DRAFT APPROPRIATE LEGISLATION.
(B) DISCUSSION CONCERNING THE DINNER KEY (FORMERLY MERRILL-STEVENS)
BOATYARD PROPOSAL. (LAWSUIT).
Mayor Suarez: Would the Commission please come to order. We had skipped
over, if I may just maybe dispose of it quickly , an item, there was a
gentleman, item - air? Mr. O'Neill.. Was it 15? -was that? What was that
about? I presume it was not asking us for money or anything like that.
Mr. Ron O'Neill: No, it's not for money.
Mayor Suarez: Good.
Mr. Odio: He wants to deliver fuel to the water or something. I don't know.
Mayor Suarez: OK.
Commissioner Plummer: That's 17.
Mayor Suarez: Seventeen.
Mr. O'Neill: Item 17.
Mayor Suarez: What was the matter? I tried to call all of them and maybe you
didn't hear it at one point or you had stepped out.
Mr. O'Neill: Well, actually I was kind of standing behind that baseball team
as they moved in for this trophy.
Mayor Suarez: OK, do you want to make a brief presentation or does the
administration have some suggestion on thin that can obviate whatever it is he
wants to tell us.
Commissioner Plummer: Right, you know it's easy. I'll tell you what I want
to hear. How much insurance and how much are you going to pay us per gallon?
Mr. O'Neill: OK.
Commissioner Plummer: I'm assuming it's nonexclusive.
Mr. O'Neill: Yes, this is definitely nonexclusive.
Commissioner Plummer: Yes.
Mr. O'Neill: But let's do this by the book. My name is...
Commissioner Plummer: How much insurance are you going to give us and how
much per gallon?
-4
Mr. O'Neill: Well, shall I introduce myself and so forth, make it on the
record?
Mayor Suarez: Yes, please, as you answer the question, you might as well give
us name and company.
Commissioner Plummer: We'll take your check.
Mr. O'Neill: My name is Rob O'Neill. I live at 1710 South Bayshore Drive and
I'm representing Dockside Fueling Service. And we're - the matter in question
Is ordinance 53.48 A,B, and C, which prevents fueling from... any type of
fueling actually in a City owned marina area. Now, none of us foreseen the
problem that we have next door. We have the highest concentration of vessels
in Dade County that the closest fuel source is up to 8 miles away. This is a
78 June 28, 1990
mobile fuel company that's been in business for four years without any type of
spillage or fire incidents.
Mayor Suarez: Why does this, if I may interrupt you for a second, Mr. Manager
or Al, why does this reach the Commission? If somebody wants to be a
purveyor, provider, there must be a system, for this to be done
administratively. They're certainly not being excluded and they're not
exclusive in their request.
Mr. Alfredo Rodriguez: Except, what you have on the item, this is a misnomer.
The section 53 of the City Code is an administrative portion. The real issue
is the Fire Code, whereby the Fire Department has - and I'll defer to them to
explain under which conditions you do what you're doing - but definitely not
in the marinas where all the boats are, at a specific designated
location.
Mayor Suarez: OK, I see this is not a matter of who do we choose to supply...
Mr. Rodriguez: Definitely not in marina property.
Mayor Suarez: This is a matter of him being able to somehow link up to our
users in some way or another.
Mr. Rodriguez: Example, his suggestion, as I read it in your letter, is to
use the Virrick ramp specific week days at a specific times and I have to add,
with the conditions that the Fire Department, as well as the marinas
administration, will impose on the activity and if this Commission chooses to
allow that on an emergency basis until the Merrill -Stevens pumps are running,
we do recognize the need but we are not going to recommend that we bring the
supplier to the user. We want to designate a location where the user has to
come to the supply under guarded conditions. It's the other way around. We
definitely don't want trucks all over the City pumping gas across everybody's
whatever.
Mr. O'Neill: Well, actually this business has been... that is available in
the private sector. I mean, this company supplies the yacht clubs with fuel
and Biscayne and Coral Reef plus all the private individuals on the waterways
in Miami as well as the Gables. And we comply with all of the State, Federal,
local...
Commissioner Plummer: A number of things, Mr. Mayor. Number one, when
Merrill -Stevens closed down, I'm getting complaints in my office about the
fact that boaters are even having to go up the river as one of the closest
points of getting fuel, which I think is a detriment. Now, the other thing
that I'm very concerned about, and that is the new federal regulations and
guidelines,. If you fuel that boat in the water, and you drop one drop of
gasoline in the water, you got a major problem on your hand today. So, when I
say insurance, I'm speaking of insurance of not only liability, but insurance
against any hazardous condition that might exist. My good friend stopped
fueling his boat at the dock of a private residence simply because he had to
sign a paper that if he created a problem, that it could cost him up to no
less than $10,000 to get that thing taken. He says, hey, the little bit of
convenience I get by fueling at my dock and going, is not, in any way,
compensated by the fact that I could have a major problem. If it takes an
ordinance change and that's what I'm advised that it does, then I have no
problem with doing that. It's nonexclusive and did I hear you say how much
per gallon you're going to give the City?
Mr. O'Neill: Actually, Dockside Fueling Service is willing to pay the same
amount that Merrill -Stevens paid over the last...
Commissioner Plummer: I didn't ask you that, air. What are you willing to
pay me? Forget about what other people do.
Mr. O'Neill: Well, we're will to pay a penny per gallon that is...
Commissioner Plummer: A penny per gallon? You'll never get the ordinance
changed by me.
Mr. O'Neill: Well, that's currently was the agreement that they had.
79 June 20, 1990
7
Commissioner Plummer: That's fine, sir, I don't care what you have, other
agreements, but if you're going to give me a penny a gallon, no, I'm not
interested. That's not a standard going rate.
Mr. O'Neill: What is a standard going rate?
Commissioner Plummer: It's more.
Mr. O'Neill: Well, we'll agree with whatever the standard going rate is.
Commissioner Plummer: How much are you charging a gallon?
Mr. O'Neill: I believe now it's 93 cents for diesel.
Commissioner Plummers Ninety-three for diesel and how much for gas?
Mr. O'Neill: I don't know the gas price right off the top of my head. I
think it's like a $1.29 or something.
Commissioner Plummer: And you don't have to pay any road tax at all? You're
exempt from paying road tax by virtue of being a boat.
Mr. O'Neill: True.
Commissioner Plummer: You know where the gas tax goes, eh? You know where
the road tax goes? Welcome aboard. The Fire Department, I understand, has no
problem with it as long as the necessary precautions are exercised and the
necessary insurance and everything is done. Is that correct?
Chief Huddleston: Commissioner, no. If what I understand to be the case is
;:."gat the Code is not going to be followed, then we're definitely opposed to
it.
Commissioner Plummer: Wait a minute, who said the code was not being
followed?
Mr. Fernandez: That's what they're talking about it, but an ordinance...
Chief Huddleston: That is what they are proposing.
Commissioner Plummer: You told me an ordinance change.
Mr. Fernandez: Yes - no, no, no, which means amending the Code. An ordinance
amending the Code.
Chief Huddleston: They want to amend the Fire Code and we wholeheartedly do
not support that. I believe that we have some common ground, in talking to
the other jurisdictions involved, we may be able to solve some of the problems
of the boaters through Grove Key Marina. I believe that the owner opfirator of
that marina is willing to provide a tank...
' Commissioner Plummer: Well, Chief, that's not I'm looking for. Let me tell
]� you, I don't know what you're speaking of particularly in the code, but I know
that in this community, that dockside fueling is a common practice. Now, if
it's that and they do it in many, many other places, there must be, in my
estimation, knowing my Fire Department, that they can put enough rules and
regulations in to respect the safety of whatever is needed. Now, you know,
just because a Code is changed, doesn't necessarily mean that it's got to be
all bad.
Chief Huddleston: Well, I guess that's our point is that I believe that we
probably could sit down and come to some agreement as to what serves the
safety of the public.
Commissioner Plummer: Mr. Mayor, I'll make a motion at this time that we
instruct the City Attorney to prepare whatever necessary documents for this
Commission's approval on July the 12th, as it relates to fuel side, boat fuel
side, availability, and that the Fire Department would come back with their
written recommendations of hopefully what can be done to accommodate this in a
perfectly safe manner. And I would so move at this time.
80 June 28, 1990
n
Vice Mayor Dawkins I second with the amendment that Risk Management also has
to come back...
Commissioner Plummer: All parties involved.
Vice Mayor Dawkins: ...and cover all the angles that J.L. said we need to
cover as far as liability and environmental regulations and etcetera.
Mayor Suarez: And let's get that as to both liability and risk management and
environmental implications. Let's get that - at least as to myself - in some
sort of a report back to the Commission. I don't know if this is the best way
to do this or if we should do it only temporarily or whatever and pending
getting more information on that.
Commissioner Plummer: Well, we are going to get more information. That's why
I put it off...
Mayor Suarez: Exactly.
Commissioner Plummer: And, Mr. Manager, you're not limited to adding to that
in any way, shape, or form, that you feel comfortable that it is a safe
manner.
Mayor Suarez: I was just saying that I would this... have that in a formal
report.
Mr. Rodriguez: Fixed location is the...
Commissioner Plummer: Give me an estimated idea of how many gallons you think
you would pump a year.
Mr. O'Neill: Well, primarily, they're doing it by appointment basis only and
that's how we expect to conduct business. This is not like parking a truck at
Virrick Gym and being a mobile gas station by any means.
Commissioner Plummer: But, I mean, are you talking about 100,000 gallons, a
million gallons a year?
Mr. O'Neill: I would think probably at the top, it's a hundred thousand
gallons.
Commissioner Plummer: A hundred thousand gallons at a penny a gallon would be
how much money?
Commissioner De Yurre: A thousand.
Commissioner Plummer% A thousand dollars? It will cost us more than that to
change the ordinance.
Mr. O'Neill: Well, there's many companies involved in this. This is not an
exclusive agreement.
Commissioner Plummer: I'll guarantee you it ain't exclusive. And I guarantee
you, you ain't getting it for a penny a gallon either.
Mr. O'Neill: Well, like I said, whatever the City thinks is justified. This
could be a Rood...
Commissioner Plummer: If it's excluded, it's excluded.
Mr. Odio: We need to look at that before we commit because I don't want to be
unfair to the people that are going to invest six or seven million dollars in
this boatyard.
Mr. O'Neill: Well, as I'm also pretty familiar with the RFP on that project
since I was part of one of the...
Mr. Odio: But you understand what I'm saying?
Mr. O'Neill: Exactly.
Mr. Odio: We're going to give a pro... they are going to have to pay us
$450,000 a year and then we are going to put you to compete with these people
that we are asking them to pay us rent, a lot of rent.
Mr. Fernandez: Well, in any event, there's a point of reference. Your
consideration for changing or not changing the Code should not be based on the
City's economic motive.
Commissioner Plummer: Ha, ha!
Vice Mayor Dawkins: Ah, why not?
Commissioner Plummer: The hell you say. And let's see your budget. Sir,
whatever you pay the City is what he's going to operate on next year.
Mr. O'Neill: That's great. That's agreeable.
Mayor Suarez: All right. With all of those provisos kept in mind, we have a
motion and a second.
Mr. Rodriguez: At a fixed location.
Commissioner Plummer: Fixed location. All of that will be set by the
Manager.
Mayor Suarez: I have a feeling we're going to hear a lot more from the
administration before this becomes law. I have a feeling we're going to hear
more from the administration even now out of order.
Vice Mayor Dawkins: That's right. Call...
Mayor Suarez: All right, we have no further discussion, please call the
roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 90-474
A MOTION INSTRUCTING THE ADMINISTRATION TO STUDY AND
REPORT BACK ON PRESENT AVAILABILITY OF DOCK FUELING
SERVICES WITHIN THE CITY OF MIAMI, AS WELL AS TO
SAFETY, LIABILITY AND ENVIRONMENTAL REGULATIONS WHICH
MAY EXIST IN CONNECTION THEREWITH; FURTHER DIRECTING
THE CITY ATTORNEY TO PREPARE APPROPRIATE LEGISLATION
IN CONNECTION WITH THIS ISSUE FOR COMMISSION
CONSIDERATION AT THE MEETING PRESENTLY SCHEDULED FOR
JULY 12, 1990.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
82 June 20, 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.
Commissioner Plummer: Mr. Manager, bring us up to date on Merrill -Stevens.
Mr. Odio: Well, we think there is a way... we receive a letter from that
attorney saying that he wanted to appear on the July 12th meeting because
there's a group - on this meeting - and I'm sorry, on this meeting - because
they have a group now that is willing to come in. Their reply after talking
to the Law Department was that that's not the proper way of doing business.
That they have to meet with the Law Department first and settle the matters
that are pending with them before we can even consider anything else.
Commissioner Plummer: This is the only matter pending is what they owe us?
Mr. Odio: Yes.
Commissioner Plummer: So all they got to do is pay it and they're back in
business.
Mr. Odio: That's right.
Commissioner Plummer: So what is there to discuss with the Law Department?
Mr. Odio: Well, they are offering a solution by bringing in a new group.
Commissioner Plummer: That's fine and write a check for what they owe us.
Mr. Odio: That's why we didn't bring them here today. I want them to pay me
first and then we'll talk.
Commissioner Plummer: Well, then, but you said, send it to the Law
Department. For what?
Mr. Fernandez: Well, this item is in litigation. We have filed a lawsuit to
evict them and to collect from them the amount that they owe us. We have the
first round in court July the 3rd and what they were seeking to do was to
delay any court proceeding by trying to come in here today and asking for a
45-days extension. The Manager and I consulted on this and we told them that
because this item was in litigation and because they were not providing us
with sufficient specificity, their plan, we would not allow them to come to
you and discuss with you any proposed settlement solid
basis.
Commissioner Plummer: Mr. City Attorney...
Mr. Odio: In other words, in good faith would have - if they had brought a
check for four hundred and whatever thousand dollars, then we would have
talked.
Commissioner Plummer: But if, in fact, they bring us a check for what they
owe us, that's what the litigation is about.
Mr. Fernandez: Correct.
Commissioner Plummer: ...or they pay us, or don't owe it...
Mr. Fernandez: They're not willing to do that.
Commissioner Plummer: ...it's all over.
Mr. Odio: No, they want to bring in new partners, then we talk.
Commissioner Plummer: That's a different ballgame. Where they gbt their
money from is their problem.
83 June 28, 1990
0 0
Mayor Suarez: OK. Did are call the roll on that item? Yes, we did.
16. (Continued Discussion) CITY OF MIAMI FISCAL MBAR 1990-1991 BUDGET -
DISCUSS PROPOSED S PERCENT CUT OF NON -UNION EKPtAYBBS WHO BARN 09'SR A
DESIGNATED LEVEL. (See label 14A).
Mayor Suarez: The prior item are had a motion pending.
Commissioner Plummer: What was that, Mr. Mayor?
Mayor Suarez: The morning item. Do you need to revive that at this point,
Commissioner? Or would you like to...
Commissioner Alonso: Wanted to make...
Mr. Odio: We have...
Mayor Suarez: Yes.
Cosmissioner Alonso: Mr. Mayor, you say you had some suggestions? I wanted
to hear what was the idea that you have.
Mayor Suarez: Yes, my idea was disseminated in a memo and basically, it does
seem to me unfair to specify that certain departments have to reduce their
budget by five percent and not treat high salary employees in the same vein by
saying as to all of those over $60,000, for example, which was your figure,
that the Manager should, at least as a matter of policy, try to reduce the
overall budget, for lack of a better term, of that group by five percent and
that might mean, in some cases, attrition, layoffs, and reductions. I would
hate xi see in the effort - and maybe this could just be a statement of
policy - in the efforts to trim the budget, I would hate to see that first
people who are somehow laid off, are the low level employees. And, if
somehow, you know, we don't take same of these discretionary employees and
some people who don't, you know...
Commissioner Plummer: That's civil service rules.
Mayor Suarez: No, no. No, no. In fact, it's the opposite of civil service
rules. Those low level employees have more rights under civil service rules
than a lot of these discretionary employees, soeaee of whom never even vent
through civil service.
Commissioner Plummer: You're saying that unclassified that never were in the
classified. Oh, yes.
Mayor Suarez: And the ones that were might be willing to go back to a lover
classification. There's been just an increase in the number of
classifications for - designations, I guess, is the word - job designations
for unclassified employees and that way, people have somehow managed to work
their way up to higher salaries and I think the Manager has got to look very
carefully at that and there's a no better place to start than to look at all
those who make over $60,000 before you attack some of the lover level
employees. And, in some cases, maybe ask them to take a lower designation or
classification. That was done in many other cities. It's been done in many
other cities. You give the person a choice.
Commissioner Plummer: All we got to do, is get rid of the •botellas."
Mayor Suarez: We cannot afford to continue at a particular level, we're going
to have to put you at a lover level. If you're willing to stay, you're still
going to stake $50,000 or forty-five, or whatever. But, it seams...
Commissioner De Yurre: Mr. Mayor...
Mayor Suarez: ...like when the hatchet comes down, a lot of times it's the
lower level employees or the temporaries or whatever.
84 June 24, 1990
IWVY
Commissioner Alonso: That's the problem.
Commissioner De Yurre: Mr. Mayor, I think what we have to look at is not at
the pay scale of the individual. We have to look at the job description that
_ we're talking about and I'm sure that if we're looking at from what the -
administration is saying, that there are job descriptions that are not needed,
then those are the job descriptions you got to do away with. Why should you
penalize an individual because he makes over $60,000 if his job is a necessary
function of the City?
Mayor Suarez: That's right. -
Commissioner De Yurre: As opposed to having somebody that makes thirty, which
is a function that is not necessary or as necessary, and you try to benefit
this individual because he makes less than sixty. That's totally ludicrous
and I think it goes against all concept of the economy.
Mayor Suarez: But that's not inconsistent with what I'm saying. I'm saying
that he should be looking at those people for potential five percent
reductions, just like he's looking at the rest of the City. He should treat
them as a class or... yes....
Mr. Odio: May I....
Commissioner Alonso: I couldn't agree more with Commissioner De Yurre when he
says that classifications that are not necessary, they should be cut. I'm all
for it. But also, I think, it's perhaps a good opportunity that a message is
sent that - and I have heard many people, including the Mayor and myself,
express through the years and in this Commission, that we feel that some of
the very high salaries, it's about time we sent a message and maybe this is a
good time.
Mayor. Suarez: And if you reduce an $80,000 salary by five percent, by
changing a designation, you're saving a lot more money than by reducing some
other people at some other level by five percent.
Mr. Odio: Well, may I suggest...
Mayor Suarez: It's just a mathematical certainty.
Commissioner Plummer: Let me tell you what else is mathematical and somebody
around here better start thinking about it, when you have a budget, and 90
percent or 94, what the Manager says - I say 90 - 90 percent of that budget is
people. That's a reality, OK? And you've got a nine million dollar deficit,
if that's true, it's easy to figure, there's going to have to be people that
are going to have to be let off as much as it hurts. But if, in fact, you got
a nine million dollar deficit, you can't take nine million out of the total
money left for services and materials. I mean, it's just that simple. The
Police Department budget is not quite that high.
Mayor Suarez: But, Commissioner, as you deal with those, there are some
' people in the very high categories who might have, in those particular cases,
might be civil service, they may have fully vested pensions and by doing as
the Manager was doing three or four years ago, and we have supported by easing
them out by suggesting that maybe their position or classification is going to
be eliminated because we have two or three people doing the work of the one
individual could conceivably do, they move out. They leave the City and they
_ come under our pension rolls. They don't starve, they don't have a problem,
x they don't fail to obtain pension benefits. They have them, they have them.
And you save a heck of a lot of money the moment you move one of those people
from the column of active employees to under pension and he has talked to me
about being creative in that sense, and he, I think, is willing to do it. I
think as a statement of policy, it makes sense to say, figure out a way to
reduce the over $60,000 collective group by five percent, as we do the same
thing in every department. That's all my...
Commissioner Plummer: I agree.
Mayor Suarez: ...you know.
Commissioner Alonso: Yes, let me make a...
f,
85 June 28, 1990
Mayor Suarez: That's all it says.
Commissioner Alonso: ...reference. I'd like if the City Manager can answer
my question. In the people you have mentioned that you were planning and you
knew exactly about 14 people that you were going to lay off. Of those
fourteen people, according to the list that I have, nine are civil service
employees.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Alonso: Yes, they are. Of the 14 that you're planning to lay
off, nine are civil service.
Mr. Odio: Yes.
Commissioner Alonso: So, meaning they, in fact... because when I asked to you
about how much do they make...
Mr. Odio: I don't remember the list.
Commissioner Alonso: ...how: much they make..
Mr. Odio: They went from...
Commissioner Alonso: ...their annual salary, you mention a figure that was
between...
Mr. Odio: ...from $38,000 to sixty some thousand.
Commissioner Alonso: OK, yes, but nine of those employees are civil service.
So, in fact, what they will be doing it, nine civil service, four
unclassified, one executive, not civil service.
Mr. Odio: Some of them don't have a roll back. They don't have roll back.
They didn't have a prior position in the civil service rank. Therefore, they
have no roll back rights. So, therefore...
y Commissioner Alonso: Some...
Mr. Odio: ...therefore, they go.
Commissioner Alonso: ...from the nine, how many?
Mr. Odio: I don't think none of them have roll back rights.
Commissioner Alonso: None of the nine?
Mr. Odio: They will not roll back because they had not prior positions within
-� the civil service rank. So, those people would go.
Commissioner Alonzo: So, they will not be bumping people who make much less.
Mr. Odio: No. Again, Mr. Mayor, let me...
Commissioner Alonso: I think that was one concern that Commissioner Plummer -
Daw►kins had at one point or you, one of tt.s two. At one point during the
direcussion today.
Mr. Odio: I read your memo carefully and as I go through the budget process,
it...
Mayor Suarez: I only want as a statement of policy. I don't want to put you
on a constraint that requires legal... that's the whole point of trying to
follow the basic thrust of what the Commissioner wanted to do and I thought I
heard Commissioner Plummer say he agreed with it.
Mr. Odio: Well, let me say... I've been trying to say this all morning...
Mayor Suarez: But if you have problem with it - OK.
Mr. Odio: ...what I'm: doing now is probably saving much more than what you're
talking about. And it's been done through a rational process.
86 ,tune 2$, 1990
Mayor Suarez: I am happy about that, but I also want to make sure you
understand that as a statement of policy of this Commission, that you have to
have a very critical eye at those high level employees.
Mr. Odio: That's exactly...
Mayor Suarez: And that we stop the change of designations that allows the
thirty and forty percent increases over a short span of time because at least
within that total budget. I understand sometimes you have that kind of an
employee that you elevate to that level but you have to understand that it's
someone else in that particular group has to also be considered for layoff.
Mr. Odio: What I don't like is the message being sent to, that we're sending
messages they sent one that says, if you work very hard during many, many
years, and you be very good employee for the City of Miami, you are very good,
and you get rewarded with promotions and you get up to the ladder and you
become a top manager, that you should not be rewarded by a high salary.
Mayor Suarez: Well, but the...
Mr. Odio: And that's a bad message to send.
Commissioner Alonso: That's not the point at alll
Mayor Suarez: For the ones who are classified, the unfortunate situation is
that the message was sent many years ago that if you do that, you can also
retire, in many cases, making forty and fifty thousand dollars a year, have
another job and still do OK. And, yes, they are very well trained and we have
other young people coming along that are very well trained and can do that
job. We don't want them to think, gee, I'm never going to be able to get to
the top of this department. I mean, the message is a good message. It's not
a bad message.
Mr. Odio: I disagree.
Commissioner Plummer: The problem that you have is they may retire, but
you're not going to replace them?
Commissioner Alonso: Yes, but it's...
Mayor Suarez: In many cases, you don't have to replace them. The Manager
fnows a few names that he and I have talked about over the years, I mean, I...
Commissioner Plummer: Well, if you're not replacing them, that tells me they
weren't needed in the first place.
Mayor Suarez: Well, in some cases that probably was true too.
Vice Mayor Dawkins: Following Commissioner Alonso's theory and mine. What
happens if a guy or a person is in computers and you decide to cut some people
and this person has roll back rights and you roll him back to the Police
Department. How do you justify him being in computers to start with, it was
never in the Police Department?
Commissioner Plummer: By title, I assume.
Vice Mayor Dawkins: See...
Commissioner Plummer: A clerk III, for example, would be a clerk III
anywhere.
Vice Mayor Dawkins: No, you are not the Manager and when the Manager
finishes, I'll hear J.L. Plummer's explanation. OK? I want the Manager or
somebody to tell me the people we're talking about 14 people laying off, if
A one of those individuals is in computers, and I'm just using computers as a
frame of reference...
Mr. Odio: They are not.
=' Vice Mayor Dawkins: I say, I'm only using computers as a frame of reference.
And then, this person, because of it has seniority and I look up and this
87 ,Tune 28, 1990
individual has moved to the Police Department because it has seniority and the
person in the Police Department did not have seniority and it was bumped. Hon
do you do that?
Ms. Angela Bellamy: Commissior.ar, that's done in accordance with civil
service rules. There is a rule on layoffs and to summarize it, let's take the
example of a person in the Computers Department. Say that position is
abolished. Then what we would have to do is determine for that classification
;:he layoff score for each person in that classification. Then the person who
has the lowest layoff score would be affected and would end up being laid off.
The person who has more seniority would roll into that lower person's job.
a
3
So, conceivably...
Vice Mayor Dawkins: Even though...
Me. Bellamy: ...if the position is in the Police Department, the person could
end up going to the Police Department because that is where the person had the
-=
least seniority.
-
Vice Mayor Dawkins: So, therefore, we would terminate a person with ten years
y
experience working in the Police Department and replace it with an individual
out of computers who know nothing about what they're doing in the Police
Department because of the civil service rule and roll back rule. That's What
you're telling me?
Ms. Bellamy: No, what I'm saying to you is, if a person is working in thr!
=a
same job classification, they should be able to do the job whether it's in
computers or whether it's in the Police Department. Because it requires the
same job skills and each job is the same position.
Commissioner Plummer: Can I now respond?
Vice Mayor Dawkins: I don't want to hear you, but if the other Commissioners
do, it's all right.
Commissioner Plummer: Well, I'm going to respond anyhow, whether you listen
or not is your business.
Mayor Suarez: Under section...
Commissioner Plummer: It works the same way on the upscale, Commissioner.
Mayor Suarez: What is it? -the non harassment section, you have an absolute
right to speak, Commissioner.
Commissioner Plummer: OK.
Vice Mayor Dawkins: Of Mason Rules
Mayor Suarez: Of Mason's Rule of Order.
Commissioner Plummer: No, I told you, I'm Catholic, I don't go by Mason's.
Mayor Suarez: Modified by Dawkins.
Commissioner Plummer: What I'm saying, or what I wanted to say. The same
rule applies on the upscale. You have many people who apply for and get a
promotion and when they do, they're moved from that department to another
because that's where the vacancy is. So, in the upscale, it works the same
way as the down scale. As you say, Commissioner, long time running, by and by
catches.
Vice Mayor Dawkins: By and by catches.
Mayor Suarez: You know, the basic message Commissioner Alonso is so clear.
We don't want to lay off, if at all possible, the field employees, we want to
try to create vacancies to eventually employ the temporaries who have been
told that there would be. Nov, there's a lot of part time employees in the
City who are not ever going to be temporaries, I mean permanents, they were
told that they were just sort of hired on a part time basis to do some work in
the afternoon. Some of them are older people who don't expect to be full time
employees, etcetera. But those that did have that expectation eventually
—= Be June 20, 1990
should be given priority. The Manager has agreed to that. He has also
agreed, and has begun to implement...
Mr. Odio: Let me clarify that. When we have vacancies.
Mayor Suarez: As available. As available. They will be given priority,
You're not going to go - because existing City employees, I think, get
priorities too, when you shuffle people around, don't they? When you have
elimination of positions under civil service rules. So all these people are
being given is a secondary priority to full time vested employees, or those
under civil service system. That's all that we're talking about and you said
that that makes sense to you.
Mr. Odio: Mayor, let me... again, I...
Mayor Suarez: And wait, let me just finish. And as to these high level
positions that we have. You've already stated that two entire offices are in
the, process of being eliminated or reduced or consolidated or whatever the
term would be and with some layoffs in the process. Some other people have
just resigned. I want all of our Commissioners to know that a lot of people
who were doing this strategic planning have just decided to go back to college
and get their Ph.D.'s and that's fine with me. And if the University wants to
pay, them to help us with the strategic planning, that's fine. And there's
many, many other things that you're doing. I think you're implementing them
but I think a little thrust from the Commission to tell you to look
specifically and critically at the people making over $60,000 and, in some
cases, maybe a change of designation is proper. It may be an inducement, a
change of designation downward, it may be an inducement for some of those
people to retire, if they have pensions or to go to the private sector if they
have that opportunity. A lot of them keep saying they do. I can make a lot
of money in the private sector. Well, God bless you. Go to the private
sector and make a lot of money. We need to have people making here reasonable
salaries and, you know, maybe we went overboard at some point and we're all
collectively at fault in that and that's what I think the thrust of what we're
trying to say. If that needs to be put into a motion or not, I don't know. I
don't believe that it does, but it can be made into a motion and I'd be happy
to second it and go along with it so that we can get on with the budget
process. Because I can tell you that we're all going to be looking very
critically at it, as is evident today. And Plummer, Commissioner Plummer,
already asked to look at one department. He's already apparently planning to
look at that...
Mr. Odio: I hope you do because then you will be participant with by the
decisions that I have to make.
Mayor Suarez: OK.
Mr. Odio: The unions are participating in the meetings.
Commissioner Alonso: That's good.
Mayor Suarez: All right.
Commissioner Alonso: I want to make a final comment. I'm not going to
request for the motion I have heard my colleagues and I think I have an
opinion that they are willing to give the Manager the opportunity to look and
to try to do the best he can to save as many jobs he as possibly can. And
also to try to save for the City of Miami. I want to leave, for the record,
that the only intention that I have requested the five percent and I want to
make it very clear, because I have heard the City Manager, Mr. Odio, in
several locations before and today, trying to emphasize the job that the
people who make over $60,000 do for the City of Miami. Mr. Odio, I am well
aware that they are highly qualified people. I believe they are
professionals. I believe they do the best job they know how. I respect them.
I wish that we had in the City of Miami sources of funds to keep all the
people working in the City of Miami as well as not to ask the citizens of
Miami for increases and - are you listening to me, Mr. Manager?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Odio: I'm sorry.
89
June 28, 1990
0
Commissioner Alonso: Thank you very much.
17. (Continued Discussion) APPROVE PROPOSED AGREEMENT WITH THE ORANGE BOWL
COMMITTEE FOR USE OF ORANGE BOWL STADIUM (See label 14B).
Mayor Suarez: OK. Next item. Whichever it may have been. Are you going to
try to take up the Orange Bowl Committee matter at this point?
Commissioner Plummer: Mr. Mayor, we had talked about it and there is a
gentleman sitting in the audience who has indicated that he is the chief
negotiator for the Orange Bowl Committee and is not really here other than
just to listen. This matter comes before you today for the Commission...
Mayor Suarez: It was a report of what you think is being negotiated so that
we can give an indication?
Co;-,nissioner Plummer: Not necessarily. That was up until last Wednesday.
Mayor Suarez: Ah.
Commissioner Plummer: We afforded you, this morning, a copy of the letter
which we received from the Orange Bowl Committee and basically what it has in
effect done is stop any negotiation. What has been requested by us by the
Orange Bowl Committee, they have outlined in their letter the areas in which
they are desirous of being given a bottom total package price. OK? Those
areas that - if you want me to outline for you - are areas of, one, the
stadium for the use of the football game. The use of the office space, the
parade and the warehouse is not a part of it. So those are the three areas in
which they are asking us not to, in any way negotiate, but to set a bottom
line which they will take back to a vote of the full Orange Bowl Committee.
There are five members of that negotiating team. Now, the question is, is
what does this Commission feel is a fair price to put on the three areas of
the event day, January the 1st, in the Orange Bowl. There are 7,700 square
feet of office space. They are requesting 2,000 free parking spaces. They
are asking that we provide all the event personnel. Was there anything else?
Let me go back to the letter. The things that differ from last year. The
item that has not been able to be resolved is the issue relating to beer.
That issue is because of the fact of the vendor who is presently there has two
more seasons on his contract. What they're asking for different than what
their previous contract were, number one, game day ticket takers and ushers
which is an issue of $17,000. Game day parking, they're asking for 2,000
parking spaces free with a value of $12,000. Continued regular use of the
City owned stadium offices at the stadium, they're showing as $6,000 and the
electrical for that offices of $6,000. The City covers in its other event
personnel of Police, Fire, stadium GSA, the trades people, and that is the
same as it has been in the past of $62,000. They, for your edification, will
no sign a contract for a period of longer than five years. They are
interested in a five with three additional five year options. They have
demanded an out on even the first five years, if for some reason, they cease
to exist. If the sanctioning body were to pull the sanction, in the second
year, they want an out so that they do not have to pay the City anything.
They are not asking, by the way, as the University's agreement, that it would
be a minimum guarantee. What they are looking for is a flat fee regardless of
the attendance. OK? In other words, if they were to have half of the
stadium, they would still pay the flat fee regardless. Now, the Manager and I
have somewhat of a little bit of disagreement and I will allow the Manager to
go first or the Manager to go second. I think that all of us have to remember
that we are in a position today of making nine million dollars of improvements
to the Orange Bowl. We have a paper supplied to you if, in fact, you wish to
know what the breakdown is. There is, of course, needed and what this
Commission said from day one, that at no time would these improvements be paid
for out of tax money. There is nobody with a crystal ball. Nobody knows what
tomorrow will or will not be. So, all I'm saying to you, and where my
disagreement with the Manager came, is that in his proposal which you have
before you, he is recommending a flat free, including the surcharge, of
$200,000, including all of these items. My contention is that at the best
scenario, that is $35,000 less than what we got last year, I don't know, as a
90 June 28, 1990
w,,.=
businessmatn, how you get less money and give more. That is my problem.
Now...
Mayor Suarez: That is what happens when you have competition.
Commissioner Plummer: OK, you have competition, but you still have
obligations that...
Vice Mayor Dawkins: But you have competition and if you let your competition
push you to the limits where you can't pay, you no longer competition, you're
out of business.
Commissioner Plummer: Well, let me finish, if I may. My contention is that
there are a number of other areas included this year that were not included in
the past. I am not, and I reemphasize, I am not trying to set the number. I
am merely trying to draw the scenario for this Commission to make that
decision. The Manager's contention, and I understand it completely, what is
the bottom line? What do we net from their playing in the Orange Bowl? We
know that last year, they deposited a check from the Orange Bowl Game for
$336,000 which included the $31,000 that they gave us for the proceeds of the
beer. To the best of my knowledge, without the beer, this year the best
number that I can come up with is $265,000 if we serve the beer or $300,000 if
they don't pay us for the beer. And there again lies my problem as an
individual. If they paid us $336,000, which nobody argues with because that
check was deposited, then, in fact, this year the best scenario that we could
have would be $300,000 net profit. You're trying to negotiate a contract for
$30,000 less, but having to make nine million dollars of improvements. As it
relates to the parade, the only thing they are asking in reference to the
parade is that whatever term of years are given for the football game, that
the same term of years be given for the parade. If you give five years for
the football game, they want five years for the parade. Mr. Manager, I think
I have covered all of the issues.
Mr. Odio: Yes, you have.
Commissioner Plummer: The only thing that needs, I guess, maybe just a little
bit more explanation -or did I say it? They pay us $6,000 for 7,700 square
feet...
Mr. Odio: No, you said it.
Commissioner Plummer: Comes out to about 70 cents a square foot.
Mr. Odio: Well, considering - and you touched on that before - this is the
first time that we're competing. Robbie Sta...
Commissioner Plummer: Wait a minute, wait a minute. Does the Commission
understand what I'm trying to say? They don't want individual prices as they
had before. A price for the parade, a price for the office and a price for
the event. They want it all incorporated into one package...
Mayor Suarez: In a combined.
Commissioner Plummer: With a bottom line number, including everything in that
package. The only matter is I brought to you this morning that still has to
be resolved is the matter relating to the ordinance on the books of the City
Commission in relationship to the office space and I would ask Linda Kearson
from the City Attorney or the City Attorney to outline, best they can, for
you, where we are on that particular situation because it is my understanding
that the present ordinance existing would prohibit their using the office
space, period. But I'm not the lawyer, so let her speak to that, please.
Mayor Suarez: Well, that doesn't sound like the most important item here and
we've got other ones. Vice Mayor Dawkins, and if we need to get further
clarification on that, we will.
Vice Mayor Dawkins: I do not understand why because you have competition
you're going to give away the stadium. Now, the Orange Bowl Committee makes
money and I don't see why they're not willing to share it with the City of
Miami. I don't understand why because we've got competition they are going to
hold a gun to my head and say, here, you must do this or I'm going to move.
91
June 28, 1990
Commissioner Plummer: No, it's the opposite.
Vice Mayor Dawkins: No, uh uh, well see, I'm going to tell you how I see it.
Commissioner. Plummer: OK, OK, all right.
Vice Mayor Dawkins: I'm telling you how I see it, OK? And you guys keep
telling me that the Orange Bowl this and this is the community and they have
gotten well off of a community and now they want to leave the community and
they're looking for an excuse by saying, if you don't meet my demands, I'm
going. Well, hey, I can't help them from leaving. But I must, as a citizen,
as a representative of the citizens of Miami, make sure that the citizens in
the City of Miami reap the most benefits that they can get from their
facility, the Orange Bowl. Now, we are making repairs. We based the repairs
on the return of events in the Orange Bowl. Now, we do not have any money, as
Commissioner Alonso is attesting to, trying to cut corners and save money.
And now you're going to commit yourself to spending nine million dollars to do
structural repairs and which is nothing more than preventive maintenance and
you're going to let people sit here and tell you go do them, but I'm not going
to be responsible for helping you pay them off. No, I mean, that's unfair.
Commissioner Plummer: Some of the times, Commissioner, you have to appreciate
the problems of the other side. And let me put it on the record. And
finally, I got this out of the Orange Bowl Committee, keeping in mind by the -
what is it? -N double N C double A. They have to give 15 percent of the game
day proceeds to the two teams. So, whatever they take in in total that day
for the game related events, they only get 25 percent of. Now, they do get
the other revenue from the parade and any other source of revenue. But for
the game day, they only get 25 percent. This particular year it is estimated
that 4.2 million dollars will go to each one of the teams participating. That
leaves them to do everything else related, two and a half million dollars.
For everything they have to do in a game related. Here again, I am not trying
to set that number. I think the one issue has to be clarified first before we
can even think about a number, because that does involve the office space.
They are not demanding of us that we are looking for more money. They are
only asking for a bottom line. It's not negotiable. At least that's the
impression given to me. And I will be honest and I have been told at these
meetings that they have asked the same of Robbie Stadium. And those two
proposals, which are the only two facilities in town, will go before the full
board and the full board will make its decision as to where they wish to play.
There are certain factors here that are non negotiable and they always have
been. For example, it is my understanding that Robbie offered them ten sky
boxes. I don't have any sky boxes. I can't negotiate that issue. So I'm
saying that there are certain other areas and other factors. All I'm saying
is that if I can answer any questions, I've been deeply involved with this and
with the University. This Commission, I would not make that decision. The
Manager has made his decision as to what he feels is fair and I'm asking this
Commission to make that decision. Only thing I want to caution you one last
caution, and I only got this this morning and I'll tell you, it still doesn't
make any sense to me, Mr. Manager. That from the bond that we're taking, a
nine million dollar bond, will be payable in five years under the terms of the
loan. In five years, we're renegotiating - or four years, I'm sorry - we're
renegotiating the bond for nine point six to pay off the same obligation which
means we have paid almost two million dollars to have that bond for four years
and when we renegotiate, we've got to renegotiate for a new bond, over fifteen
years, which means that we have no credit on the old loan whatsoever. I don't
understand that.
Mr. Odio: But you would have - what you would do, you will have an
accumulated surplus of $810,000 which you would reduce from the note.
Vice Mayor Dawkins: And they're going to start that monkey accounting. We
take it off up front.
Mr. Odio: No, no, no, this money will be accumulated through the years.
Commissioner Plummer: Well, we would pay approximately two million dollars in
the four years for the debt service. Is that correct, Carlos? OK:. Then we
would go back out in four years...
Mr. Odio: In five, yes.
92
June 280 1990
eZo aissioner Pl r:. —and take a new blond out for 9. 6, extlading the
million dollars far the 11191versitp which is another side issue, and we "m
taking: out a bond bigger thanwhat we started with in the initiarl, we were
praying twv- million drr.'itlars and having to take- out a bigger bond.. We've not.
reduced: the Obligation at all.
9`ieee Mayer De ins: ffecdoa_ . .
Commissioner Plummer: H odoo accounting, OK..
Mr. Carlos Garcia-. Commissioner, if I many,. the bond is no largar....
bar. Odl :: ....I've been paying for my house for ten years and thew note
dvegu''t go down either..
Vice= Mayor Dawkins:, Yes, but you also have a mortgage redemption insurance an
your house. If you dies your family- don't have to pay it off., We have no
mortgage redemption insurance with the City of Miami. The citizens have to
pay it off. OK? There is .a difference.
Mr.. Garcia: A31 the Manager said, by, then are should have a surplus of $810i,000
which; could be usedd to reduce that new bond issue. Instead of selling SA
million dollars, are could sell 8.8 million dollars.
Commissioner Plummer: But Carlos, we've already pa:d 2 million in the four
Few
Mr.. Garcia:: That is true, but, again, that's the gray t!^e lowest schedule, the
first gear years- are pay -very little principle and then most of the principle is.
repaid at. the end.
Commissioner Plummer: Well, hey, you know_...
Mr.. Garcia:. It's like a mortgage,. basically.
Commissioner Plummer:. ....it just seems crazy to me that today you get a bond.
for 9 mil:rion dollars.. You pay an .it for two pears two million, dollars, and
when you refinance it in four years, you got to take alit a 9 and: a, half
million dollar issue.
_. Mr.. Garcia: The amount that we're using right now is 10 5, remember,.
includ-ing the University.
Commissioner Plummer:: Yes, but that's.... take away a million for the
University..
Mr. Garcia:: Nine hundred for the University, 9.6 for the City.
Commissioner Plummerr. Yes,. yes,. I understand that.
Mr. Garcia:. OK.
Mayor Suarez:: Let me get a little bit of input from you on, one issue: that wear
mentioned by Commissioner Plummer, if I may., The issue of an off ice has: been
discussed and one of the possibilities that came to mind was the Downtown
Development Authority offices and I did have occasion to taker the e:xacutive
director and show him those offices.. I would hope if we otherwise reach a:
deal with the Orange Bawl Committee, that: the Commission would support the
concept of giving them office space in the DDA offices, which,. obviously_...
Mr. Odio: Mr. Mayor...
Commissioner Plummer: I don't think that's...
Mayor SU&reZ;L If that is an issue, I....
Mr. Odin: I happen to know it's not. The issue is the...
Mayor Suarez:: I just want to inform everybody that I shoved them the, offi>:as
and they looked very nice and they give theca a visa of the parades route and
everything else..
93 JU" 2S, I
n-
Commissioner Plummer: But, I think, Mr. Mayor, what they were really looking
for is more the ticket selling ability at the Orange Bowl through their
offices which they have today. Now I could be mistaken on that, but I think
that is the advantage of being at the Orange Bowl.
Mr. Odio: I think they belong there. They belong in the Orange Bowl and that
space we couldn't use anyway otherwise.
Commissioner Plummer: Just to give you a comparison, the University of Miami
demanded 2,000 parking spaces and they paid us for them. That's where some of
the contention that I have with the Manager, not with the Orange Bowl
Committee. I have to tell you, they were five fine gentlemen that sat down at
the table. There really was no negotiation. When this new team came on the
block, it was, here's what we want and we want a price tag.
Mr. Odio: The differences that we have and this...
Commissioner Plummer: Are over the bottom line.
Mr. Odio: ...are real. We either - do we want to make a profit, net profit,
of $320,000 or do you want to make a profit of 283? The three twenty has beer
included and the other one does not. If you take the beer out, you're talking
about $30,000 difference. Do I want to risk...
Mayor Suarez: I tell you, for myself very simply, I wouldn't want to 'lose the
game over a difference of thirty or even fifty or even a hundred thousand
dollars.
Mr. Odio: ...losing the game for $30,000? No.
Commissioner Plummer: All right, let me...
Mayor Suarez: Because I believe the economic impact on the community of
having the game here is much larger than the differential of fifty or a
hundred thousand dollars. That's just my feelings.
Commissioner Plummer: Let me bring one other point and let's put it up on top
of the table right now. They are well aware of the problem existing with the
beer for the next two years. Their next two games. Now, it their contention,
and they are expecting this City that in the remaining or renewal term of
volume Services, the concessionaire at the Orange Bowl that it would be
negotiated that no beer would be served and no revenue would be forthcoming
from them. Am I stating that correct?
Mr. Odio: We're talking to Volume Services now and see if we can negotiate
that.
Commissioner Plummer: Yes, OK. But I just want to put on the record, that
they understand the problem for the next two years but in the remaining three
years of their contract, they would demand of the City that we negotiate no
beer on Orange Bowl Day and no revenue paid to the City or to the vendor.
Mr. Odio: That's why my bottom line has never counted the beer, period. If
we get that money, it's extra but we still in net profit and I'd rather have
two eighty three than zero.
Vice Mayor Dawkins: How is it a net profit... all right, what is the
operational. cost?
Mr. Odio: Commissioner, this...
Vice Mayor Dawkins: What is the operational cost of the Orange Bowl?
Mr. Odio: We would.. that for...
Vice Mayor Dawkins; And then when you take the operational cost from the
Orange Bowl, you're going to tell me that you still got a net profit?
Mr. Odio: Yes, air. The cost for that game...
Commissioner Plummers No, no, are you talking about event or for the year?
94 June 28, 1990
x
•
Vice Mayor Dawkins: For the year.
Commissioner Plummer: Oh, no, it's a loss.
Mr. Odio: Oh, yes, we will. We don't lose money in the Orange Bowl. I
disagree with you again. No, we do not lose money in the Orange Bowl.
Commissioner Plummer: OK, you talk about voodoo accounting?
Mr. Odio: It is not voodoo accounting.
Commissioner Plummer: I'm still waiting for the answer of where in the Orange
Bowl we have $417,000 of depreciat•ion...
Mr. Odio: And, in spite of the depreciation, we make money.
Commissioner Plummer: ...and $417,000 of depreciation is paid out but we
don't know where it comes from or who it goes to.
Mr. Odio: It's a general principle in accounting to charge...
Commissioner Plummer: OK, there's your voodoo.
Mayor Suarez: It's a fictional, it's a fictional...
Commissioner Plummer: It's fictional, OK?
Mr. Odio: But it is a CPA practices.
Vice Mayor Dawkins: Voodoo.
Mayor Suarez: Otherwise known as voodoo.
Commissioner Plummer: Let me give you a better one.
Mayor Suarez: No, really, they...
Commissioner Plummer: Now the negotiations is started...
Mayor Suarers And it's one of the reasons - you pointed a very good point -
it's one of the reasons why public accounting doesn't make any sense.
Somebody ought to, somehow, advise, you know, the folks that make up generally
accepted accounting principles that it doesn't make any sense to take
depreciation on that facility which is already fully depreciated...
Commissioner Plummer: Fifty-five years.
Mayor Sua-en: ...and, you know, it just doesn't make any sense.
Mr. Odio: I want to say that even with depreciation...
Mayor Suarez: Now, it may be because you want to treat it as an enterprise
fund and act as if it were somehow a private venture. It isn't. It is not
depreciating. If anything, it might actually appreciate until we throw...
Commissioner Plummer: Wait a minute, let me give you a better one.
Mr. Odio: Even with the depreciation, you make get money.
Commissioner Plummer: I'll give you a better one. They have every year
charged $400,000 to GSA. Whether GSA does $25,000 worth of work or $50,000,
they charge $400,000 to GSA.
Mr. Odios And in spite of that, we make money.
Commissioner Plummer: That's how they show a profit. OK? I mean, it's
crazy. I'm not here to argue the auditing.
Mr. Odio: OK.
Mayor Suarers And the facility doesn't even take - if we say it's profitable,
it doesn't take into account the opportunity cost of that facility what we
95 June 20, 1990
n
would have to pay in debt service if we used it for... if we had to pay for it
or if we sold it.
Mr. Odio: Let me give you... Mr. Mayor, I...
Mayor Suarez: So, a return on our investment. But, the point is, that we are
making money on it. This facility, or this event adds to that, plus it
leaves - what is the economic impact on City of Miami that conceivably could
be lost?
Mr. Odio: About $70,000,000, I believe it is.
Mayor Suarez: Now, I don't believe that if it went to Robbie Stadium, we
would lose all of that, but we lose a substantial amount of that...
Mr. Odio: I think you...
Mayor Suarez: The hotels...
Commissioner Plummer: I think like in politics, that whatever you pay a
pollster, he's going to tell you what you want to hear. OK? I don't think
It's worth $70,000,000. I think it's worth a lot to this community. More so
in advertising than in actual dollars spent. It is a positive image of this
community. OK? Do you have any more questions? I have a disagreement with
the Manager. I have a fixed number in my mind. I don't want to impose it on
this Commission, but if nobody else want to make a motion, I will make a
motion at the final analysis, or any other questions that are to be asked.
I've got to cover debt service and that's my concern. I cannot do it on
taking in less revenue even with a disagreement of how much and give more.
That's not good business. I can't do it.
Mr. 0dio: It's worse when it gets zero.
Commissioner Plummer% OK? I just can't do it. Now, Mr. Manager, if you took
that attitude, Jankovich would have told you to - you know what he told you.
Mr. Odio: You know, there are a lot of things we do in the City, J.L. , for
other benefits and this is one time when I think the benefits of the Orange
Bowl Committee and the game and the parade is more important than making an
additional $30,000 profit.
Commissioner Plummer: And, by the way, we've got to talk about the parade.
Nobody around this City, would you believe, was aware that this City gives in -
kind services to the parade of $67, 000 a year. And I asked the Manager, he
was unaware. When I asked the Manager for a contract, that supposedly,
according to Mr. Epling, existed, he said we didn't have one. We do have one.
We've got to talk about that. They are not asking us to talk about that at
this present time. The only thing in relation to the parade is that they want
the same term of years coincide, or, as they said, in concert with the event
of the stadium day. OK? But there are $67,000 worth of in -kind services on
the parade. Police, sanitation, park personnel, they paid for GSA of $25,000
and they paid for the Fire Department. They did not pay for Police,
sanitation or park personnel.
Mayor Suarez: All righty. Were you trying to make anything into the form of
a motion or do you have enough of an indication of how the Commission feels
about this? I guess I've answered say own question. Did you want to have a
i motion? Were you making a motion? Because if you make your motion and you
4 change it by saying or modify it by saying, those terms or more favorable
terms...
Commissioner Plummer: No, you see, it's not a negotiable item. What I'm
asking this Commission to do is to comply with their letter. They want a
bottom line. We know what's included.
Mayor Suarez: Well, then...
Commissioner Plummer: Whatever that bottom line is, we know what's included.
Mayor Suarez: Well, all right, well make it as such then.
96 June 28, 1990
C
Commissioner Plummer: OK, and my motion would be, I feel to be fair to the
City and to be fair to the Orange Bowl Committee, the number of $250,000 a
year under the five year term. I think that's fair. It would pay the debt
service. They are going to benefit as we will by better facilities. That
money of the extra money is into a reserve fund guaranteeing the safety that
they were very strong about as we were. And I think $250,000 is fair figure
when you include event day, all of the personnel, you include the office - if
we can do it - the 2,000 parking spaces, all of that taking into
consideration. Remember that they paid us last year rent alone of $196,000.
That, there's no dispute about.
Mayor Suarez: And don't make too much of the 2,000 parking spaces. There's
2,000 parking spaces for one day.
Commissioner Plummer: Yes, air. But that...
Mayor Suarez: I mean...
Commissioner Plummer: Well, excuse me...
Mayor Suarez: ...whatever amount you charge for parking, it's a few thousand
dollars. We're not going to lose this event for a few thousand dollars.
Commissioner Plummer: It's twenty thou... Mr. Mayor, it's twenty thousand
dollars.
Mayor Suarez: All right, ten dollars per, if you want. It's $20,000. I
mean...
Commissioner Plummer: OK, please, I'm not trying to be argumentative.
Mayor Suarez: You could lose the economic impact of $80,000,000 or seventy or
sixty. Not to mention all the other things.
Commissioner Plummer: I am not trying to be argumentative. You...
Mayor Suarez: I'm not saying we would lose it without a little bit of a
fight, but that's another issue.
Commissioner Plummer: We'll live to...
Mayor Suarez: We don't want to get into that. There are other legal
rights
here that maybe we would look at, such as the name and everything else.
But,
we want to, at least I want them to stay and I want to have that impact
in the
—°
City and two hundred and fifty, Mr. Manager, is two hundred and fifty
viable
or not? I've heard so many figures today that I'm not sure... I'm glad
you're
taking a lead on it because, otherwise...
-=
Mr. Odio: Which is this? What...
Mayor Suarez: He was building into his motion a figure of $250,000 net.
_!
Mr. Odio: For the... no, no, the net profit for the Orange Bowl?
Mayor Suarez: Yes.
A
Commissioner Plummer: No, no, no. Not net profit. Their rent.
--
Mayor Suarez: The rent.
Commissioner Plummer: Users fee.
Mr. Odio: No, the rent that I was proposing is $200,000 and...
Commissioner Plummer: His was $200,000. And I'm proposing $250,000.
Mayor Suarez: All right, then...
Mr. Odio: Wait, besides the $200,000, we are getting revenues, food and
beverage concessions of $86,000....
97 June 2$, 1990
p
I
Commissioner Plummer: It's not the point. It's not what he's asking, Mr.
Manager.
Mr. Odio: Well, I wanted to add because, see...
Commissioner Plummer: Excuse me, wait a minute...
Mayor Suarez: Are you two on the same wave length then? -because I13.1 vote
for it.
Mr. Odio: No, we're not. No, he wants more.
Mayor Suarez: Whatever is more likely to get us an agreement here.
Commissioner Plummer: There's only one thing up in the air and that is what
I've outlined to you. The Manager has made it clear that under his proposal
of $200,000, if they want to exclude beer, they would have to pay us the
vendors...
Mr. Odio: They have to pay us separate.
Commissioner Plummer: ...but that's only for the two years, Mr. Manager.
That's my area of concern.
Mr. Odio: After that then, we...
Commissioner Plummer: That's why I feel that, you know, as far as I'm
concerned, two -fifty and exclude the beer.
Mr. Odio: Let me tell you the concern. I talked once to Steve Hatchell
because I didn't quite understand the mechanics of an Orange Bowl Came and
they do have a lot of restrictions that the NCA and the...
Commissioner Plummer: I said that.
Mr. Odio: And there are limits and as the tickets goes up, and the more share
that the teams take away and the more competition that we have...
Mayor Suarez: You know, again, the issue of beer is an interesting issue to
be discussed philosophically. Whether you serve or don't serve beer at the
Orange Bowl Classic, but it isn't one that should keep us from having an
agreement. Not the money, that is, maybe it should be banned for other
reasons so that we present a better image to the world. Maybe it shouldn't,
maybe we should be upset that they even presume to tell us what to serve or
not. But, the $20,000 or $30,000 should not keep us from reaching an
agreement. I mean, that just isn't enough. I mean...
Commissioner Plummer: Just...
Vice Mayor Dawkins: One final question and I'll be finished.
Commissioner Plummer: On the record, Mr....
Vice Mayor Dawkins: One final question, J. L.
Commissioner Plummer: Let me just put it on the record...
Vice Mayor Dawkins: Madam City Attorney, Madam City Attorney. Is it legal to
give space instead of leasing space?
Linda Kearson, Esq.: You can give them what's called a revocable use permit
which would allow them to use the facility for a period of time. You can
terminate a permit though within 30 days notice as opposed to a lease
agreement which would require competitive bidding. You'd have to receive at
least three proposals. If not, it would go to referendum.
Commissioner Plummer: In the University of Miami contract, unfortunately, I
can't negotiate with them, but we gave the University the option out that if
they didn't wish to have beer sold, they would supply the revenue and we gave
them the option. That is not what the Orange Bowl Committee, in their
request, asked for. They asked for no beer, knowing our problem for two
years.
98
June 28, 1990
Mayor Suaroks All right, basic two alternatives then are one in which we are
basically asking for $200,000 and that does not include beer and one in which
we're asking for two -fifty and that builds in beer or the losses from the sale
of bear, roughly. And you want a...
Commissioner Plummer: No, I'm saying $250,000 with the conditions existing
today.
Mayor Suarez: Give us the two alternatives in a way that we can vote on them,
please, Mr. Manager, somebody.
Commissioner Plummer: Well, neither one of them, Mr....
Mayor Suarez% This is very complicated negotiations. You want an indication
of how we want you to proceed.
Commissioner Plummer: I know it is, it's... maybe it's too simple. Both of
our agree... we agree upon is that for the next two years, if they wish to out
on beer, they will have to negotiate a fee. That's both of us.
Mayor Suarez: What is the amounts come out that we should vote on to give an
indication of whether we want to go with a more generous or the less generous
so that we can vote and go on to the next item.
Commissioner Plummer: Here, let me use the terminology here. The user fee is
the difference between the Manager's $200,000 and what I consider to be fair
at two -fifty. That's the top line of your item here.
Mayor Suarez: You made a motion that basically seeks $250,000. The
alternative motion is a lesser amount.
Commissioner Plummer: There is no alternative. Well, an alternative motion
would be a lesser or more.
Mayor Suarez: The alternative idea which I am about to build into a motion if
somebody moves it and, if not, I'll move it myself so that we have something
on the table and we can...
Commissioner De Yurre: We're still looking at the two eighty-three without
the beer.
Mr. Odio: Yes.
Commissioner De Yurre: That still exists? -right?
Mr. Odio: Yes. At the two hundred.
Commissioner Plummer: No. Two eighty-three net...
Mr. Odio: Yes, without the beer.
Mayor Suarez: That's what I'm trying to avoid.
Commissioner De Yurre: Without the beer.
Mayor Suarez: Now going back to another whole different figure. Come on.
Commissioner De Yurre: No, that's one that I've been...
Mr. Odio: That's the net profit.
Mayor Suarez: I know, I heard it before too, but why have...
Mr. Odio: Net profit. The net profit.
Mayor Suarez: Right. It's net and not gross. Now, come on.
Commissioner Plummer: No, that is an incorrect statement. Net, without the
beer is two sixty-five. It come and... excuse me, wait a minute, so you know,
these are projected numbers. OK?
99
June 20, 1990
3a"
3
I
Mr. Odios It
could be more.
-
Mayor Suarez:
Oh, yes, of course. We don't
know what is actually going to
happen there.
Commissioner
Plummer: Based on a full stadium.
That comes about by a $91,000 -
difference on
when we take out our expenses of
the personnel...
Mayor Suarez:
All right.
Commissioner Plummer; The food and beverage, the novelties and the remaining
parking gives us a net of two sixty-five. If we got beer, as we did last
year, it would be $300,000.
Mayor Suarez: Would you quit giving us numbers and give us two alternatives?
Commissioner Plummer: Or $35,000 less.
Commissioner De Yurre: OK, so we're talking about $300,000 and last year what
we got what was? -three, what? Three thirty...
Commissioner Plummer: Three thirty-six.
Mr. Odio: Three twenty with the beer. Three thirty with the beer.
Commissioner De Yurre: Three thirty-six.
Mr. Odio: With the beer.
Commissioner Plummer: Right. Either scenario gives you less money than you
got last year.
Commissioner De Yurre: OK.
Mayor Suarez: And neither scenario gives you a lot more money than if they go
elsewhere.
Commissioner De Yurre: Well, I don't think they're going to go elsewhere
because then they get... I don't think it's in their best interests to go
elsewhere.
Mayor Suarez: All right, then...
Commissioner De Yurre: Economically, maybe, but not in the community spirit.
Commissioner Plummer; I am comfortable with the two fifty figure based on the
debt service necessity. Now, that's up to you all.
Mr. Odio: I'm not going to argue with him.
Mayor Suarez: All right, somebody make it in the form of a motion...
Commissioner Plummer; It's a friendly argument. I made a motion that the
user fee be set at two fifty to include the items that have been requested
that we presented in the past as well as what they're asking for in the
future.
Vice Mayor Dawkins: Second.
Mayor Suarez: So moved. Seconded. Any discussion? Any substitute motions?
I would vote and I would move a substituteinotion that was more generous than
that. In the absence of one...
Commissioner De Yurre: Well, go ahead and make a motion.
Mayor Suarez: I don't even know how to state it. What is your proposal, Mr.
Manager?
Mr. Odio: I propose a $200,000 users fee.
Mayor Suarez: All right, I so move it with all the other provisions in your
proposal, Mr. Manager.
100 June 20, 1990
r
Commissioner Plummer: It won't cover the debt service.
Commissioner De Yurre: Are you going to put a time limit on this offer?
Commissioner Plummer: On the what?
Mr. Odio: The way this is going to be, as I am told, we are supposed to
prepare a complete package with that is a contract and they will discuss it in
their meeting of September...
Commissioner De Yurre: Oh, we got till September to talk about this?
Mr. Odio: No, no, sir. We needed to take action today so that we can prepare
the contract. They will discuss it in their meeting...
Commissioner Plummer: Yes, once you give us the bottom line, then we just
fill in all of the spaces in between.
Mr. Odio: Versus the contract from Robbie Stadium. They will consider both
contracts.
Vice Mayor Dawkins: Is there a second for the Mayor's motion?
Commissioner De Yurre: I'll second the Mayor's motion.
Vice Mayor Dawkins: It's been properly moved and seconded that we vote on the
substitute motion which says that there's a $200,000 flat fee.
Commissioner De Yurre: Plus...
Vice Mayor Dawkins: Having no... plus what?
Commissioner De Yurre: Well, whatever.
Vice Mayor Dawkins: There are no pluses.
Commissioner Alonso: Plus - for the sake of clarification...
Commissioner Plummer; Mine was two fifty with everything.
Vice Mayor Dawkins: Wait a minute now.
Commissioner De Yurre: With everything.
Vice Mayor Dawkins: The Manager, the Mayor said - pardon me, madam, pardon
me - for clarification.
Mayor Suarez: I'm trying to mirror the Manager's proposal in my motion.
That's what I'm trying - I'm calling it $200,000 for lack of a better....
Vice Mayor Dawkins: All right, for clarification, the Mayor said $200,000
plus. Now, what are the pluses?
Mayor Suarez: Right, please put in the record. Thank you, Mr. Vice Mayor.
Mr. Odio: Yes, air, besides... OK, I'll put the whole thing in the record.
The user fee would...
Vice Mayor Dawkins: Put the whole of heart part or half of it, but put it in
the motion so we could go on.
Mr. Odio: OK. The user fee would consist of attendance base payment that is
$81,000 plus a fee use rent of $119,000; that's $200,000.
Vice Mayor Dawkins: $200,000.
Mr. Odio: B, an additional we would provide the ticket takers, game day
parking of 2,000 spaces and the continued use of the City owned offices and
the electrical consumption at the offices. That total of expenses of $41,000,
Commissioner De Yurre: To us.
101 June 28, 1990
Mr. Odio: We would have an escalation fee after five years that is consistent
with the University...
Vice Mayor Dawkins: Let's not get to the five years. Let's get through this
period.
Mr. Odio: The other expenses...
Vice Mayor Dawkins: When you take $41,000 from $200,000, you tell me that
that's more than $250,000?
Commissioner Plummer: No, no, no, no....
Mr. Odio: Right - no... May I... if I can continue, I will put in the whole
thing on the records... the other expenses covered by the City are the Police,
Fire, stadium staff, etcetera, that adds up to sixty-two. But now, in
addition to the rent, we will receive the food and beverage concession
revenues of $86,000 net, novelty concession revenue net of $62,000, parking
revenue net of $20,000...
Vice Mayor Dawkins: What kind of revenue?
Commissioner De Yurre: The parking.
Mr. Odio: Parking. We will receive $20,000. That adds up to $368,000. If
you take out the out of pocket expense of the City - that is cash money paid
out - is $85,000 for a net cash revenue to the City of two eighty-three.
Commissioner De Yurre: And that doesn't include the beer.
Commissioner Plummer: Forty-one and sixty-two are a hundred and three anyway
you look at it.
Mr. Odio: That does not include the beer issue.
Commissioner De Yurre: OK, well that's... OK, we'll go with that one.
Mayor Suarez: Well, if it's not exactly that amount, it builds in all of
those provisions in it and it is obviously more generous to the...
Vice Mayor Dawkins: As the chair, I'm going to rule close discussion on the
substitute motion or whatever it is and we're going to vote. All those in
favor of voting, go ahead and call the roll, Madam Clerk.
Mayor Suarez: Call the roll.
Commissioner De Yurre: Let's go, call the roll.
The following motion was introduced by Mayor Suarez, who moved its
adoption:
MOTION NO. 90-475
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH THE ORANGE BOWL COMMITTEE
FOR USE OF THE ORANGE BOWL STADIUM FOR $200,000;
FURTHER ACCEPTING THE MANAGER'S RECOMMENDATION FOR
BASIC TERMS OF SAID CONTRACT AS FOLLOWS: THE CITY
SHALL PROVIDE STAFF AS TICKET TAKERS, GAME DAY PARKING
OF 2000 SPACES, CONTINUED USE OF CITY -OWNED OFFICES,
PLUS THE COST OF ELECTRICAL CONSUMPTION THERETO; PLUS
AN ESCALATION FEE AT THE END OF FIVE YEARS; THE CITY
IS ALSO TO PROVIDE POLICE, FIRE AND THE STADIUM STAFF
AND SHALL BE ENTITLED TO $200,000 AS WELL AS $86,000
FROM FOOD AND BEVERAGE CONCESSION REVENUES, $62,000
FROM NOVELTY CONCESSION REVENUES, PLUS PARKING
REVENUES IN THE AMOUNT OF $20,000.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
102 June 28, 1990
a
A7TESe Commissioner Victor De Yurre -
*Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: Vice Mayor Miller J. Dawkins. -
ABSENT: None. -
NOTE FOR THE RECORD: Although Commissioner Plummer voted no during roll call,
he later changed his vote to the affirmative. See below.
COMMENTS MADE DURING ROLL CALL -
Commissioner Plummer: I have to vote no. That does not reflect that I won't
swim a river to get the Orange Bowl.
Vice Mayor Dawkins: No editorializing, vote.
Commissioner Alonso: Well, what I want is that we finally get to an agreement
in this case, so I will go along with the motion if this - yes, I vote yes.
COMMENTS MADE FOLLOWING ROLL CALL:
Vice Mayor Dawkins: Go to the next item and let's go....
Mayor Suarez: Please. You had asked the morning items to be...
Commissioner Plummer: All right, now wait a minute. Hold on. Hold on, we
still have one matter to resolve.
Mayor Suarez: And we should have built into the motion that he is no longer
the negotiator because he's not...
Commissioner Plummer: No, no, that's fine with me. That's fine with me. We
have one more matter to resolve about the office space. Please, that was one
of the problems that was existing before. Can the contract include the office
space or not?
Vice Mayor Dawkins: Legally, no.
Commissioner Plummer: Legally, no.
Vice Mayor Dawkins: That's what the City Attorney said.
Ms. Kearson: That's not what I said now. It would be a separate contract.
You would give them a revocable use permit.
Commissioner Plummer: That's not what they're asking for in their letter.
Ms. Kearson: For what?
Commissioner Plummer: OK?
Ms. Kearson: Zero dollars or a dollar a year.
Vice Mayor Dawkins: Beg your pardon?
Ms. Kearson: You don't have to charge them for that. You can give it to them
for a dollar a year. It would be...
Mayor Suarez: You say it should be a separate instrument, but...
Ms. Kearson: Right, but it can be for a dollar a year and you would have a
30-day termination clause in that permit.
Commissioner Plummer: That's not - I don't think that's acceptable to them.
Vice Mayor Dawkins: I got some space in Gibson Park they can use free.
Commissioner Plummer: I can't speak for them, but I can...
103 June 28, 1990
1
me
Mayor Suarez: That particular provision has to be negotiated. Please come
out with it in the most feasible and simple and logical way so we tie down
this...
Commissioner Plummer: I don't know how to do it. The only way...
Mr. Odio: Mr. Mayor, let me tell you what they told us. OK?
Commissioner Plummer: The only way that I know you can do it, is change the
ordinance.
Mr. Odio: They told us that they want the office space included in the users
fee. That they feel they want to stay there and that .can be accomplished
through the legal documents that we can prepare.
Mayor Suarez: If that can be done. I will...
Vice Mayor Dawkins: Those who voted for the motion are in favor of that,
those of us who voted against it, are against it. The majority still rule.
I'll call the order of the day.
Mayor Suarez: All right. Next item then.
Commissioner Plummer: Do I get to vote on that?
Mayor Suarez: That clarifies it pretty much unless anybody has any
disagreement either as to the moving party or the second or the third person
that voted for it. Good, nobody said anything. That's close enough. All
right, the items you have postponed from the morning were 7, 8, 9, and 10?
Vice Mayor Dawkins: Yes...
Commissioner Plummer: Mr. Mayor, is it permissible I could - just so that I
don't throw out a wrong reflection, that I could change my vote and vote
favorably?
Mayor Suarez: Yes.
Commissioner Plummer: As I said, I said I was not trying to do....
Mayor Suarez: We will understand if you are...
Commissioner Plummer: No, I want to switch my vote. I mean, I try to do the
best the I can and it...
Mayor Suarez: Yes. Would you reflect that, Madam City Clerk, without a whole
motion to reconsider, he's...
Ms. Hirai: Yes, I believe so, Mr. Mayor.
Mayor Suarez: He was, in effect, negotiating with us and...
Ms. Hirai: He's indicating on the record he's changing...
Commissioner Plummer: Hey, I'm trying to do the best I can for the City.
Mr. Jorge Fernandez: On what item is that?
Mayor Suarez: I know, you're the kind, you know, that put it in the record.
Mr. Fernandez: Madam City Clerk, what item?
Commissioner Plummer: It was 24, I believe.
Mr. Fernandez: Twenty-four.
Mayor Suarez: Now, the item is from the morning was seven? The one that we
skipped over?
Ms. Hirai: Twenty-five.
Commissioner Alonso: Seven through twelve.
104 June 20, 1990
Mr. Odio: Seven, eight, nine, and ten...
Mayor Suarez: And then, the ones thereafter, right?
Commissioner Plummer: Oh, I'm sorry, I'm sorry. I thought he asked what was
that item.
18. DISCUSS AND CONTINUE TO NEXT MEETING PROPOSED RESOLUTION APPROVING
RECOMMENDATION OF COMPETITIVE SELECTION COMMITTEE OF THREE QUALIFIED
FIRMS TO PROVIDE PROFESSIONAL PLANNING AND DESIGN SERVICES FOR PROPOSED
AIR TRANSPORTATION SERVICE FACILITY AT WATSON ISLAND.
Mayor Suarez: It's item seven.
Mayor Suarez: Competitive selection committee, most qualified to provide
professional planning and design service construction...
Vice Mayor Dawkins: Mr. Mayor...
Mayor Suarez: Yes, Vice Mayor. This was the famous Watson Island. Seemed to
be engaged in a very interesting conversation with the Manager. We've got to
get going here.
Mr. Odio: Yes, air.
Vice Mayor Dawkins: I need to have this, Mr. Mayor, deferred..
Commissioner Plummer: Thank you.
Vice Mayor Dawkins: I need to know if the federal government gives you money,
what kind of restrictions the federal government puts on the use of this
land...
Commissioner Plummer: Twenty-five, that's correct.
Mr. Odio: OK. That's fair, that's a good question, Commissioner.
Vice Mayor Dawkins: I also need to know that...
Commissioner Plummer: What number?
Commissioner Alonso: Seven.
Vice Mayor Dawkins: All right, on seven, item seven. I also want you to tell
me the results of the study of the letter that you wrote to Dick Judy asking
Dick Judy if that was a feasible place to put a heliport and Dick Judy wrote
back and told you no. I'd like to see that letter.
Mr. Odio: What, what...
Vice Mayor Dawkins: Also... OK, if you guys can't find it, I will. No
problem.
Mr. Odio: No, no, I couldn't hear you, Commissioner. I'm sorry.
Vice Mayor Dawkins: OK, no problem. I'd like to defer this one. I'll get
you a letter of my concerns for the next meeting, please, Mr. Manager.
Mr. Odio: OK, Commissioner. It's fine.
Vice Mayor Dawkins: OK. I move to continue until the next meeting.
Mayor Suarez: Move to continue item seven. Do we have a second on that?
Commissioner Alonso: I second.
Mayor Suarez: Thank you. Any discussion? If not, please call the roll.
105 Juno 28, 1990
ON MOTION DULY MADE BY VICE MAYOR DAWKINS AND SECONDED
BY COMMISSIONER ALONSO, THE ABOVE ITEM WAS DEFERRED TO
THE NEXT COMMISSION MEETING 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
j�
NOES: None.
t
ABSENT: None.
19. AMEND RESOLUTION 90-320 DECLARING A UNIFIED DEVELOPMENT PROJECT FOR
DEVELOPMENT OF A MAUSOLEUM BETWEEN NORTH MIAMI AVENUE AND N.E. 2 AVENUE
ON N.E. 19 STREET.
------------------------------------------------------------------------------
Mayor Suarez: Item eight.
Vice Mayor Dawkins: Move it.
Mayor Suarez: Moved.
Commissioner Plummer: Item what?
Vice Mayor Dawkins: Eight.
Mayor Suarez: Eight.
Vice Mayor Dawkins: Ycu can't vote, it's a conflict of interest.
Commissioner Plummer: That's right. Show me reclusing myself from voting,
please.
Mr. Jorge Fernandez: There is really no need for you to. We have researched
that and there is no real conflict for you to recluse yourself.
Mayor Suarez: The problem is, if you're concerned, let's go over it one more
time. If you're concerned, nevertheless...
Mr. Fernandez: Yes.
Mayor Suarez: ...about an appearance, what you do is, you walk out of the
chambers and you don't vote. If not, you have a legal opinion that says
you're supposed to vote. You can't be here...
Commissioner Plummer: I'll vote.
Mayor Suarez: Right. OK, we have a motion. Do we have a second on it? Do
we have a second on item eight.
Commissioner De Yurre: Second.
Mayor Suarez: Thank you. Any discussion? If not, please call the roll.
106 June 28, 1990
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption;
RESOLUTION NO. 90-476
A RESOLUTION AMENDING SECTION 2 OF RESOLUTION NO. 90-
0320, ADOPTED APRIL 26, 1990, WHICH DECLARED THAT THE
MOST ADVANTAGEOUS METHOD TO DEVELOP CERTAIN
IMPROVEMENTS ON CERTAIN CITY -OWNED LAND WAS BY A
UNIFIED DEVELOPMENT PROJECT (UDP) WHICH INCLUDED THE
ELEMENT OF LEASING TO BE PROCURED AS A COMPONENT OF AN
INTEGRATED PACKAGE FROM THE PRIVATE SECTOR FOR
DEVELOPMENT OF MAUSOLEUM USE ON APPROXIMATELY .85
ACRES OF CITY -OWNED PROPERTY LOCATED BETWEEN NORTH
MIAMI AVENUE AND NORTHEAST 2ND AVENUE ON NORTHEAST
19TH STREET, AS MORE PARTICULARLY DESCRIBED THEREIN,
TO PROVIDE THEREBY THAT SUCH INTEGRATED PACKAGE NOT
INCLUDE LEASING FOR THE DEVELOPMENT OF SAID
IMPROVEMENTS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner Miriam Alonso.
ABSENT: None.
Mayor Suarez: Item nine.
Vice Mayor Dawkins: Item nine.
Mr. Odio: This is the study, Commissioner...
Vice Mayor Dawkins: Yes, but I... the only reason I asked to hold it, I have
some contractors who would like to speak to this. So if they will come to the
mike and speak and then we can - you can hear their concern.
Commissioner Plummer: Did item eight pass, did it not?
Vice Mayor Dawkins: Yes.
Mayor Suarez: Yes.
Commissioner Plummer: And that's merely - let me just ask, for the record...
Vice Mayor Dawkins: You couldn't vote.
Commissioner Plummer: I did vote.
Mr. Fernandez: Yes.
Vice Mayor Dawkins: You did not.
Commissioner Plummer: Item eight, Mr. Bailey, I want to make sure, on the
record, this is the RFP? -correct?
Mr. Fernandez: Correct.
Mr. Herb Bailey: Which item are you talking about? -eight now?
Commissioner Plummer: Item eight.
Mr. Bailey: It is a correction we're going to make so we can issue the RFP at
the next meeting.
107
June 28, 1990
Commissioner Plummer: All right, I want assurances, as well as this
Commission does, that you talk with the people of the temple...
Mr. Bailey: Oh, we are.
Commissioner Plummer: You've talked with all of the people in the
neighborhood who came here and voiced concerns.
Mr. Bailey: Yes, we have.
Commissioner Plummer: OK. Just wanted to make sure.
Mr. Bailey: They're part of the whole process, yes.
Commissioner Plummer: No, I am voting on S. I'm voting yes.
20. AUTHORIZE NEGOTIATION OF AGREEMENT WITH KPMG PEAT MARWICK (KLYNVELD PEAT
MARWICK GOERDELER) TO CONDUCT A MINORITY/WOMEN OWNED BUSINESS ENTERPRISE
DISPARITY STUDY AND PREPARE A REPORT WITH RECOMMENDATION AND A
UTILIZATION PLAN CONCERNING THE STUDY.
Vice Mayor Dawkins: Go right ahead, sir. Your name and address, sir.
Mr. James George: Good afternoon, my name is James George. I am the
president of the Black Business Association.
Commissioner Plummer: Is this item nine?
Mr. George: Formerly known as Allied Minority Legal Defense Fund. We are the
group of contractors and vendors that fought against the set aside with the
County and has gotten it reinstated temporarily while Judge Thomas reviews the
ordinance and decides whether or not it is constitutional. We just heard
about this ordinance - not this ordinance, but this resolution being passed to
do a disparity study and we are concerned number one, that we have been
involved in a disparity study in the County. We are presently given cases of
discrimination. We are represented by Greenberg, Traurig and Associates, pro
bono, and they have been taking our statements. Also, we have Andrew
and Company who is doing the disparity study. I looked at the amount of this
study, the amount of dollars that you have putting for, for this study and I
became very concerned and we brought it up in our meeting. They said that we
should at least come down and ask you to table this item and give us an
opportunity to get involved in this study. This study represents jobs for
many of us in the community and if you are really serious about doing a real
solid study where the results are going to be positive, then we feel that we
need to be involved. We are now experiencing that right now and we just want
to be involved. We want to give our case of discrimination, we want to
understand how you're going to do this study for $100,000 and involve, from
what I've read so far, three different companies, association, and we just
don't think it can be done, but I don't know. But we would like to be
involved in this. We do not think this is something that should be rushed in
making a decision. That it should be tabled and we should have an opportunity
to meet with the individuals involved.
Mayor Suarez: Would the black contractors or allied contractors or the new
name is the - what is the new name?
Mr. George: Black Business Association.
Mayor Suarez: Black Businessmen Association or, I guess you can't put man any
more at the end.
Mr. George: Right,
Mayor Suarez: Why would they not have been involved up to now?
Me. Adrienne Macbeth: Because we don't have a contract, Mr. Mayor.
Basically, this is the second time we've come before you and until we have a
108
Juno
28,
1990
contract to conduct this study, then we would not be interviewing them or
talking with them about it.
Mr. George: I think our issue here is that we feel that it is important that
we know it's going to be done. I mean, once the contract is lasued, and that
means that the County has - I'm sorry - the City has already agreed on how
they're going to put it together. D.C. Miller did...
Mr. Odio: OK, I get what... you want to defer this until July 12th?
Vice Mayor Dawkins: Yes, well, what I would like, Mr. Manager, that's my
thoughts and let them dialogue with them ....
Mr. Odio% Right.
Vice Mayor Dawkins: ...so that they can tell them what kind of input...
Mr. Odio: Yes.
Vice Mayor Dawkins: ...that they can put into it.
Mr. Sam Dublin: Mr. Mayor and Commissioners, I...
Mayor Suarez: On the motion to defer.
Mr. Odio: We'll come in July 12th. You meet in the meantime, Adrienne and...
Mayor Suarez: Not on the merits, Sam, on the motion to defer. If you want
to, unless you'd rather not at the suggestion of - seemingly emphatic
suggestion of the Manager. Commissioner Alonso, do you want to make a...
Commissioner Alonso: Yes, the last time that this item came to us, I believe
that you people stressed the necessity of not delaying this any longer because
of risk that might be involved and to move ahead and to expedite the decision.
And we were very much encouraged to make a decision that time and approving
the $125,000 even though we were not feeling comfortable with that amount at
that particular time. Is it all right with you that we delay this?
Ms. Macbeth: Well, Commissioner, what we are faced with, as you indicated, is
the fact that on any particular contract, we are subject now to a legal
challenge and we have no defensible material in hand. Basically, based on
your last meeting, you directed us to reduce the amount that we had from
$125,000 to get with the recommended vendor who declined that offer and then
we went out again and talked with three other firms around the hundred
thousand dollar figure and this is the proposal that we're bringing back to
you today.
Commissioner Alonso: Yes. But the company that you're recommending now is
one that was recommended by you from the beginning as one company that could
do the job as well as the other. Is that a fact?
Ms. Macbeth: They were one of three that we had talked with, yes, ma'am.
Commissioner Alonso: OK. So you have no objections that we delay this a
little bit more?
Mr. Dublin: Let me point out...
Commissioner Alonso: Bottom line.
Ms. Macbeth: The bottom line is that I'm not an attorney and we are faced
with the possibility of having to go into a court situation and not have the
material on hand. It's going to take approximately six to eight months to
complete this information.
Mayor Suarez: Sam, on the motion to defer.
Mr. Dublin: I would only point out that the group that is appearing before
the Commission now would, pursuant to the direct terms of the response to the
request for proposals that has been submitted by the KPNG group that's been
recommended. In that response, we have an advisory council wade up of
minority business owners that would be formed that would - then that would be
109 June 20, 1990
21
_ an integral part of the study formulation from the outset. So, that is
already a part of the response that is being recommended by staff and that
will happen as soon as the contract goes, we get going and an advisory council
will be formed and I'll make a commitment right now to include the group that
is standing here as one of the minority business groups that would be a
natural part of the advisory council. That has been contemplated and we'll,
obviously, include the group that's here as part of that because of their
interest.
Mr. George: I guess our feeling is in the last year and a half, we've not
been doing any work with the City. So, to delay this until your next meeting
and give us an opportunity to really understand how they plan to put this
disparity study together, would not hurt us. We don't mind waiting. We would
really like to know how they plan to do this study. They just did a study for
the school board for $180,000 and my understanding that they're not satisfied
with it. It may not meet the process test and we feel that it is important
that we be in on the ground floor of this very beginning.
=4 Mr. Dublin: What I'm hearing is basically a challenge to the proposal that's
already been recommended by the staff questioning whether or not the group
that's been picked has the substance to carry it through. The group that has
been picked is presently a part of a disparity study being done right now by
the State of Florida, KPMG, H. Fox & Associates, Steel, Hector & Davis. These
are, that we...
Vice Mayor Dawkins: My only concern, Mr. Mayor, was that we have a very
important document to be produced. In the event that we produce something
that does not stand up in court, we're back to square one. My only concern
was that those affected individuals sit down and talk before and not
afterwards. Now, I don't know of any group in Dade County who has done this
before. So, we can't talk about peoples track records and whose are good
who's bad. We need the best instrument we can to produce and however we up
here want to do it, I have no problems with it, Mr. Mayor.
Mayor Suarez: Is there any way to build into the approval, if we were
inclined to do it that way, if I understand you correctly, Mr. Vice Mayor, the
participation of the black contractors somehow? -by a statement of policy or a
statement of....
Ms. Kearson: You can build that in, yes. It's required. I mean, thereI3 no
way they could produce a study without contacting the black contractors.
Mr. Odio: Well, I understood, they wanted to meet prior to us issuing the
contract so they could - and I think we should - it's worth...
Vice Mayor Dawkins: You could buy in to it. That's no problems.
Mr. Odio: It's worth to delay it and do it right than have it...
Vice Mayor Dawkins: No, don't de... see, Mr. Mayor, let's don't you and I get
caught in a box. All right? If, for any reason, this is not done timely and
on time...
Mayor Suarez: We could lose our whole ordinance.
Vice Mayor Dawkins: ...Cesar Odio and Miller Dawkins will be blamed, so let's
let them go forward. If they make it, great. If they don't, they will not
blame you and I that we delayed the process and all and what have you.
Mayor Suarez: OK.
Vice Mayor Dawkins: Let it go.
Mayor Suarez: All right.
Commissioner Plummer: Let me ask a dumb question. You know, from a dumb
person, but you're only dumb if you don't know the answer. What in the hell
do small cities do with this kind of a study? You know, there are some cities
_ in this city that can't afford a $100,000 study. What do they do? Why is it
always us that have got to be out front with the big $100,000 price tags?
Mr. Odio: No, it's...
110 June 28, 1990
Vice Mayor Dawkins: No, the County is spending $300,000 for the same study,
Commissioner Plummer.
Commissioner Plummer: Yes, but what does Virginia Gardens or...
Vice Mayor Dawkins: They don't have no black folks in Virginia Gardens.
Mr. George: Virginia Gardens doesn't have a program.
Mr. Odio: They don't have any black...
Commissioner Plummer: Huh?
Ms. Macbeth: Any municipality that has a program is doing a study.
Ms. Kearson: They don't have black people in Virginia Gardens.
Commissioner Plummer: They don't have black people, so they don't have to
worry about black people, is that right?
Ms. Kearson: They don't have a minority set aside.
Vice Mayor Dawkins: That's right. In Virginia Gardens, that's right.
Commissioner Plummer: You know...
Ms. Macbeth: Commissioner, all over the country, all the municipalities,
regardless of size, who i.,tve programs are, in effect, either beginning studies
or have completed studies.
Commissioner Plummer: Well, does a city like Miami Shores, have they got to
pay $100,000 to make a study?
Ms. Macbeth: Miami Shores doesn't have a program, sir. That's the point of
it. The crux of it is that wherever you have a program, that's where the
demand is dictated for the study, regardless of the size of the city.
Commissioner Plummer: What you're telling me is that any municipality is
paying about $100,000...
Ms. Macbeth: No, I'm telling you that most municipalities are paying $200,000
and over, sir.
Ms. Kearson: The State of Florida is paying $700,000 for its study.
Commissioner Plummer: Why don't we take that $200,000 and hire some blacks?
Ms. Macbeth: You've only offered us $100,000, but that still wouldn't make
that happen either.
Commissioner Plummer: Studies don't put food on the table except for the
people doing the studies.
Ms. Macbeth: No, but they do maintain, Commissioner, I think this is the
important point that, somehow, I feel the Commission is missing. They do keep
in place an opportunity for a lot of these minorities, women -owned businesses
who would normally not have had that opportunity to exist, survive and grow.
And I think that's really the...
Commissioner Plummer: OK, so do I understand...
Ms. Macbeth: And they do hire people.
Commissioner Plummer: I understand
what you're saying.
I get
tired of
throwing money after studies instead of throwing it at people,
OK?
='
Mr. Dublin: Commissioner, the...
Commissioner Plummer: But that's a
long running battle.
Are we
talking
about, in item nine, to negotiate an
agreement with the number two firm? Is
that correct? The number one firm
was thrown out in item
eight.
Is that
correct?
111
June
28, 1990
f:j;...
_ Ms. Macbeth: Yes, sir, they... In effect, what we did through the
_ competitive negotiation process, we were only allowed to bring you one firm.
The firm that we brought you the last time declined the offer at the reduced
amount.
Commissioner Plummer: That's correct, so now we're with the number two firm.
I
Ms. Macbeth: So we've now brought you another firm. Which is the number one
—# firm.
i
Commissioner Plummer: And Commissioner Dawkins, your reason for deferment?
Commissioner Alonso: So that they have an opportunity to discuss...
Vice Mayor Dawkins: No, I just Said... I said so that they could have time to
sit down and fully explain the situation as how they are affected to ensure
that, as they write this, that it was done right, but everybody's saying that
it will delay the process and I don't want to be the one that delay it.
Commissioner Plummer: OK, so what I'm saying...
Commissioner Alonso: How long would it take before you come back with this
item?
Vice Mayor Dawkins: That's what I was saying, at the next meeting, but they
say they can't stand the delay.
Commissioner Plummer: What items? Are you the number one firm or the number
two firm?
Mr. George: Neither. Neither. I don't even care...
Commissioner Plummer: Neither firm. You're the number two firm.
Mr. Dublin: Yes, Commissioner. We're the firm that was selected as one of
the three that was competent and qualified to conduct the study. The firm
that was actually recommended would not do it for the $100,000. We were asked
by the staff, would we be able to do it for $100,000 and what we said was that
based upon a lot of factors, including the fact that we are involved in the
State study and that there would be economies that could be gained from that
process, that we could conduct a legally sound and statistically rigorous
study. And the reason it's required is the City already has a 17, 17, 70
program. The Supreme Court of the United States has said, without a study,
that has to go out the window. It's mandatory if you want to keep a minority
preference program and so...
Commissioner Plummer: Is your program for the $100,000 fully in compliance
with what we need? That's the answer.
Ms. Macbeth: We need your authority to negotiate with them to make that
happen.
Vice Mayor Dawkins: Is the hundred thousand...
Commissioner Plummer: Negotiate what?
Ms. Macbeth: The contract, sir.
Commissioner Plummer: What contract?
Ms. Macbeth: A contract to conduct the disparity study and to provide us with
those results.
Commissioner De Yurre: Well, move it. And that's it.
Commissioner Plummer: Didn't you put out an RFP?
Ms. Macbeth: Sir, we went through competitive negotiations. We publicly
advertised. It was a request for letters of interest and...
Commissioner Plummer: Did it not spell out.,.
112 .June 280 1990
At,
$ , IR
Ms. Macbeth: Yes, sir.
Commissioner Plummer: Will somebody tell me what in the hell is the problem?
i
Ms. Macbeth: The work plan was articulated. -
Ms. Kearson: The problem is, the minority contractors would like the chance
to speak with the staff of the City of Miami and our proposed consultant...
e
Commissioner Plummer: Are they trying to brow beat them into something?
_s
`= Ms. Kearson: They want to assure... they want to be assured that the...
Vice Mayor Dawkins: Is $100,000 the bottom line?
Commissioner De Yurre: Well, that's what we suggested the last time, so _
that's fine.
Mr. Odio: Tops, top, it is the top line.
Ms. Kearson: That's the bottom line.
Commissioner De Yurre: OK.
Vice Mayor Dawkins: What is they do not produce a vehicle for $100,000 and
come back and tell you we need more money...
Commissioner Plummer: You put out an RFP, either they do it for $100,000 or
negotiate.
Mr. Odio: Oh, no, they have to.
Mr. Dublin: We're stuck to produce the study for a maximum of $100,000.
Mr. Odio: They have to.
Mr. Dublin: That's correct.
Commissioner Plummer: What is there to negotiate?
Mr. Odio: Commissioner, let me explain something. You missed part of the
show here. The black contract...
Commissioner Plummer: I don't want to know about the show. You put out an
RFP, the RFP says, here's what you'll do...
Mr. Odio: But, J.L., that's not the...
Commissioner Plummer: ...here's $100,000. What in the hell is here to
negotiate?
Mr. Odio: There's no argument here. The only thing is that the black
contractors would like to talk to them prior to us entering into an agreement
so that to see if they feel that...
Commissioner Plummer: Why prior?
_ Mr. Odio: Because these people are going to be affected by whatever we're
_ going to do.
Vice Mayor Dawkins: Because they are the affected ones, that's why.
Commissioner Plummer: But they have the right to talk at all times.
Vice Mayor Dawkins: Well, all right, then, never mind that.
Commissioner De Yurre: I'll move to negotiate to go ahead and start
negotiating and it's going to have to come to us for final approval anyway,
Commissioner Plummer: All negotiation does, as I see it, is slow it down.
113
June
28,
1990
Ms. Kearson: Yee, it does.
Commissioner De Yurre: And by that time, your group has met with them and
we'll approve it at the and and that's the end of that or not approve it at
the and. So that's my motion, to go ahead and start negotiating a contract.
Mr. George: OK, it is also important that we talk with the personnel from the
City. We want to make sure...
Commissioner De Yurre: Well, you got two weeks to do a lot of talking. OK?
Mr. George: OK. We want to make sure that they have asked for everything
that's necessary for it to meet the test.
Commisa:_++Rr De Yurre: That's fine.
Mr. Dublin: Again, they're basically questioning the ability of the group
that's been selected to conduct the study is what I'm hearing. What I'm
saying is, to the extent that we are required and we are required, and it's
part of our proposal, to do a systematic analysis of discrimination that may
be occurring in the City of Miami now and we will do that.
Mr. Odio: Say he didn't agree with your group or something. Just meet with
them and the staff and resolve this and we'll bring back a completed agreement
when we've done that.
Mr. Dublin: Again, like I've said, we'll be happy to talk to them but that is
already a part of the proposal that I thought had been recommended.
Ms. Kearson: So, we're authorized to negotiate, but she wants to bring the
contract back before we actually execute.
Commissioner Plummer: Fine, fine, call the damn vote. Let's get the hundred
thousand out of here.
Ms. Hirai: I need a second on the motion.
Commissioner Alonso: Second.
Commissioner Plummer: My God, you all complicate thingsi
Mayor Suarez: Seconded. Any discussion? Is it built in, the participation
of the black contractors as a formal part of the motion?
Ms. Macbeth: Yes, sir, when we bring it back that'll be built in.
Mayor Suarez: All right, so moved and seconded. Any discussion? If not,
please call the roll.
Commissioner Alonso: It is included.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 90-477
A MOTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN
AGREEMENT WITH KPMG PEAT MARWICK, FOR AN AMOUNT NOT TO
EXCEED $100,000, TO CONDUCT A MINORITY/WOMEN OWNED
BUSINESS ENTERPRISE DISPARITY STUDY AND PREPARE A
REPORT WITH RECOMMENDATIONS AND A UTILIZATION PLAN
CONCERNING THE STUDY; FURTHER REQUESTING THE SELECTED
FIRM TO TAKE INTO CONSIDERATION EXPRESSED CONCERNS OF
THE MINORITY BLACK CONTRACTORS AND FURTHER DIRECTING
THE CITY MANAGER TO BRING BACK A NEGOTIATED CONTRACT
FOR FINAL APPROVAL BY THE CITY COMMISSION.
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
114 June 23, 1990
---
41,
. -
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso —
Mayor Xavier L. Suarez
NOES: Vice Mayor Miller J. Dawkins.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Oh, I'm always for bureaucracy and more red tape and
all the rest of it. Oh, of course, yes.
Mayor Suarez: You said no?
Vice Mayor Dawkins: Yes. I just - symbolic, no problem.
------------------------------------------------------------------------------
21. EMERGENCY ORDINANCE: AMEND 10648 - REPLACE $200,000 OF COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS FOR THE COCONUT GROVE PLAYHOUSE LOAN
PROJECT AND DEPARTMENT OF DEVELOPMENT MARKETING BROCHURE.
------------------------------------------------------------------------------
Mayor Suarez: Item 10.
Vice Mayor Dawkins: Somebody explain what this is to me, please.
Mr. Odio: Yes, sir. HUD, we gave a loan to the Coconut Grove Playhouse out
of community development block grant allocations. HUD has qualified us from
that, that they did not meet the criteria, therefore, we have to replace these
funds into the block grant and use other funds to cover the Coconut Grove
Playhouse.
Commissioner Plummer: Move it.
Vice Mayor Dawkins: And what are you going to do with these funds?
Commissioner Plummer: No, this was part of a loan that we made to them.
Mr. Odio: No, it's just.... this one is really a paper transaction,
Commissioner. We are transferring funds from one account :to another one
because...
Vice Mayor Dawkins: What is the Coconut Grove Playhouse going to do with the
funds?
Mr. Odio: They have to pay us back. They have a payment schedule that they
will have to pay us back. I don't remember the terms right now, but this
money has to be paid back by the Coconut Grove Playhouse. Instead of paying
to the block grant account, they're going to be paying back to the...
Commissioner Plummer: Oh, wait a minute, wait a minute, whoa, whoa, whoa.
Mr. Manager...
Mr. Odio: Yes.
Commissioner Plummer: Excuse me. The $200,000 was the loan.
Mr. Odio: Yes.
Commissioner Plummer: The $50,000 were grants which are not paid back.
Mr. Odio: That's right. The two hundred thousand...
Commissioner Plummer: So, in other words, it's two...
Commissioner Alonso: —correcting a mistake.
Commissioner Plummer: OK, all right.
115 June 28, 1990
Mr. Odio: The two hundred thousand, we are correcting. You were with me in a
meeting in Washington...
Commissioner Plummer: Yes...
Vice Mayor Dawkins: Move it.
Commissioner Plummer: I second it.
Commissioner De Yurre: Call the roll.
Mr. Jorge Fernandez: Mr. Vice Mayor, this is a public hearing.
Mr. Odio: You have to say something, right?
Mr. Fernandez: Invite the public...
Commissioner Plummer: Who has to say something? I'll cut their feet off.
Vice Mayor Dawkins: I moved it. Go ahead.
Commissioner Plummer: Call the roll.
Vice Mayor Dawkins: No, wait...
Commissioner De Yurre: Anybody from the public care to speak on this matter?
No. OK, call the roll.
Mr. Odio: This item is being presented to you on an emergency basis due to
the fact that U.S. HUD is requesting that the funds being reimbursed through
the Community Development block grant.
Commissioner Plummer: We got caught with our pants down.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTIONS 1 AND 5 OF
ORDINANCE NO. 10648, THE ANNUAL APPROPRIATIONS
ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30,
1990 ADOPTED SEPTEMBER 28, 1989, AS AMENDED, FOR THE
PURPOSd OF REPLACING $200,000 OF COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS FOR THE COCONUT GROVE PLAYHOUSE LOAN
PROJECT AND $50,000 OF THE DEPARTMENT OF DEVELOPMENT
MARKETING BROCHURE WITH $250,000 OF REVENUE FROM
GENERAL OBLIGATION DEBT SERVICE FUND - INTEREST
EARNINGS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAi?SE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Plummer, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
NOES: None.
ABSENT: Mayor Xavier Suarez
Whereupon the Commission on motion of Commissioner Dawkins and seconded
by Commissioner Plummer, adopted said ordinance by the following vote:
116 June 284 1990
0
0
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Nice Mayor Miller Dawkins
NOES: None.
ABSENT: Mayor Xavier Suarez
(*Note: Although absent at the time of roll call, Mayor Suarez wished to be
shown as voting with the motion.)
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10745.
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.
-----------------------------------------------------------------------
22. EMERGENCY ORDINANCE: AMEND 10642 - INCREASE APPROPRIATIONS TO PROJECT:
RELOCATION OF MUNICIPAL SHOPS OPERATIONS (3111018) - FROM COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDING SOURCES.
Commissioner De Yurre: Next item.
Commissioner Plummer: Move 11. Come on, guys. We want to get out of here
today.
Vice Mayor Dawkins: Where is the money?
Commissioner Alonso: Flow do we obtain this money?
Vice Mayor Dawkins: Is that the money - is this the money we got from Miami -
Dade Community College?
Commissioner Plummer: Yes.
Mr. Odio: Yes, sir, this is the...
Mr. Jorge Fernandez: Yes.
Vice Mayor Dawkins: Where is it now?
Mr. Odio: It's in... no, wait a minute.
Commissioner Alonso: No, no, this fund come CDBG money.
Ms. Diane Johnson: They're various CDBG sources over previous years from the
7th through the llth and some of the 14th.
Mayor Suarez: Madam City Clerk, would you reflect me as a positive vote on
the last item?
Ms. Johnson: It's in the ordinance.
Mr. Odio: Commissioner Dawkins, we need to move. We are trying to move out
of this building before September, which is quite tough because the college
needs the land by September and also, they owe us a million dollars that I
want to get before the end of the year.
Vice Mayor Dawkins: Move it.
Mayor Suarez: Moved. Seconded. Any discussion? If not...
Mr. Fernandez: This is a public hearing, Mr. Mayor.
Mayor Suarez: Anyone wish to be heard on this item? Let the record reflect
no one stepped forward. Call the roll.
117 June 25, 1990
AN ORDINANCE ENTITLED --
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 106420 ADOPTED SEPTEMBER 28, 1989, AS AMENDED, THE
CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, BY
INCREASING APPROPRIATIONS TO THE PROJECT ENTITLED
"RELOCATION OF MUNICIPAL SHOPS OPERATIONS", PROJECT
NO. 311018, IN THE TOTAL AMOUNT OF $500,000;
APPROPRIATING FUNDS THEREFOR FROM VARIOUS COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDING SOURCES AS LISTED
HEREIN; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Victor De Yurre
Commissioner 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 Dawkins, adopted said ordinance by the following vote:
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. 10746.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
23. WAIVE FORMAL COMPETITIVE BIDDING FOR CONSTRUCTION, MATERIALS AND
EQUIPMENT NEEDED FOR WAREHOUSE, OFFICE, RESTROOM AND STORAGE FACILITIES
FOR PARKS AND PUBLIC WORKS DEPARTMENTS (CIP: RELOCATION OF MUNICIPAL
SHOPS OPERATIONS).
-----------------------------------------------------------------------------
Vice Mayor Dawkins: Attorney Siplin, I'd like you to hear this, please. No,
just stand there and hear this. Mr. Manager...
Mr. Odio: Yes, sir.
Vice Mayor Dawkins: Explain to me how we waive competitive bidding and go out
and spend 4800,000 because there are some small Latin contractors and some
small black contractors need to know how this is done.
Mr. Odio: OK, do you want to explain the emergency procedures attorney...
Commissioner Plummer: Excuse me. Mr. Manager.
Mr. Odio: Yes, sir.
118 June 26, 1990
Commissioner Plummer: For what it's worth,
you will never get my
vote on
waiving competitive bidding.
Mr. Odio: Well...
Commissioner Plunmert Absolutely not, sir.
4
Mr. Odio: How do I get this building built?
Commissioner Plummer: You get it built
by going through a
bidding
_
procedure...
=
Mr. Odio: I have to move out in September.
Vice Mayor Dawkins: But $800,000, man.
Commissioner Plummer: Sir, you've known that
for a year.
Mr. Odio: OK, fine.
-
Commissioner Plummer: Let me tell you something.
Mayor Suarez: That's a huge amount.
Commissioner Plummer: The integrity of the
bidding procedure of this City
will never be broached by my vote of waiving competitive.
Mr. Odio: Then we need to notify the college
we can't move out.
Commissioner Plummer: Never, no. Excuse me.
I'm speaking for one. Not this
man.
Mr. Fernandez: ...waiver...
=
Commissioner Plummer: You never know the best
price you can get.
Mr. Odio: I want to put on the record that
even though it is not a
bidding
procedure that we have followed, we have been
very careful and we have
reduced
the budget by $700,000.
Vice Mayor Dawkins: OK, how many small Latin builders, contractors,
did you
contact?
Mr. Odio: This is going to be a total prefabricated building, Commissioner.
It's...
Vice Mayor Dawkins: How many small black contractors did you contact?
Dr. Luis Prieto: Actually, we usually contact around 25 contractors.
Vice Mayor Dawkins: How... you see, you'll prolong the meeting. I asked one
simple question. How many small Latin contractors did you get in touch with?
Mr. Odio: None yet, because...
Vice Mayor Dawkins: Thank you. How many small black ones?
Mr. Odio: Wait, excuse me. Commissioner, let me finish. If you don't
approve this, I cannot contact them. I'm asking you permission ...
Vice Mayor Dawkins: No, no, if you don't contact them, I'm not going to
approve it.
Mr. Odiot No, but this is the other way...
Vice Mayor Dawkins: Hey, so we cut...
Mr. Odio: If you don't approve the emergency procedures, then we have to go
out on bids.
Vice Mayor Dawkins: You guys see how you get left out? You see how you get
left out? All right, I just wanted you to see.
119 June 280 1990
UNIDENTIFIED SPBAKEk: Not with you here.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
UNIDENTIFIED SPEAKER: Pardon me?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Vice Mayor Dawkins: Oh, so there are no Latin, small Latin builders who could
build a pre -pressed building and small black ones?
Mr. Odio: There is no...
Vice Mayor Dawkins: It has to be a big company.
Mr. Odio: There is not a prestressed plant in the County that can design this
type of beams, except two of them, Commissioner.
Commissioner Plummer: We're going to find out, are we?
Mr. Odio: Fine. Then, what I have to do is tell the college they won't be
able to move in on time, that's all.
Vice Mayor Dawkins: That's all.
Commissioner Plummer: Just tell them that.
Mr. Odio: You're tell...
Commissioner Plummer: I mean, we've been doing - we've known this for a year,
Wally.
Mr. Odio: No, we don't, no...
Commissioner Plummer: We knew a year ago when we signed with them that we
were going to have to move out. That's over a year, Mr. Manager.
Mr. Odio: It's been - oh, well...
Commissioner Plummer: Am I right or wrong?
Mr. Fernandez: But, let me advise you though that we have a contract with the
college that we cannot break unilaterally. We've told them and in condition
of that, they've held, I believe it's one million dollars of the proceeds in
escrow that unless we deliver to them possession as our agreement, then they
would have a claim to keep that much of our money for...
Vice Mayor Dawkins: No, then they got to claim for us to give them their
money back. And we keep our land. That ain't no big thing.
Mr. Fernandez: No, no, no, the land transaction has already been perfected.
The closing took place. They own the land. Title to the land is in their
name. They have allowed us to stay there as tenants of theirs. And to ensure
that we would move out by September, we have agreed for them to keep one
million dollars of the proceeds of the sale.
Vice Mayor Dawkins: All I'm saying to you, Mr. City Attorney, is what I say
up here every Commission meeting. You always come up to me with things at the
last minute that have to be done and if they're not done, we will lose this
money and black and Latin small contractors get shut out because we have to go
at the last minute on something that we knew we had a•whole year to do.
Mr. Odio: Mr. Dawkins, let me remind you why we were delayed here.
Vice Mayor Dawkins: OK, go right ahead, sir.
Mr. Odio: We had a problem in the incinerator as we were into the demolition
contract, we discovered asbestos. It was delayed. We had to get asbestos
removal company. The bids were de.ed here and then now we finally got the
place cleaned out. In the meantime, we went into redesigning because we did
not want to spend a million nine as it was budgeted. I told them to redesign
120 June 24, 199C
it so that we would only spend a minimum dollars and we are now corning back,
instead of a million nine that we originally proposed, with $800,000. And
that takes time.
Mr. Fernandez: And in response to your earlier question, Mr. Vice Mayor, our
code provides for the procedure that the Manager is using of coming to you
with an emergency and on the basis of that, with a two -third votes, four -fifth
actually, in this case, would be the equivalent which is what this item
requires, passing on that basis.
Commissioner Plummer: And I want to remind ,you in a referendum the City of
Miami voters turned down extending from $4,500 to $10,000 without bidding.
That's just to ten thousand. Not $800,0001 Ten thousand, the voters said,
no.
Mayor Suarez: I think that was the...
Mr. Fernandez: But, the Manager is not saying that he would not go through
some sort of bidding process.
Mr. Wally Lee: We will be going through the bidding process.
Mayor Suarez: That was as to the Manager's authority to approve without
coming to the Commission, not as to competitive bidding. Any event, if you
have a strong feeling, let's go ahead and decide on the issue and go
accordingly.
Commissioner Plummer: Well, how long will competitive bidding take?
Mayor Suarez: OK. That's a fair question.
Commissioner Plummer: Can I inquire? Hello?
Mr. Fernandez: Competitive negotiations...
Commissioner Plummer: Hello?
Mr. Fernandez: ...is a process that for the administration could take a
shorter period of time because they don't have the constraints of putting it
out and going through the....
Commissioner Plummer: My question again. How long would competitive bidding
takO What is the quickest you could do it?
Mr., Odio: I'll tell you what, you have to advertise 60 days. Then it takes
another 30 days. You are talking 90 days before - and we don't have meetings
in August. You are talking, at least at the end of September before we can
even come back to you with a bid.
Mayor Suarez: You have to advertise for 60 days?
Mr. Odio: You have to advertise and give them and all of that has to happen.
Mayor Suarez: Can't something be ready to be approved for the advertising
today?
Mr. Odio: For the advertising? Fine, but you still have to give them 60
days.
Mayor Suarez: OK, 60 days from today. We're talking mid -August. That means
the first meeting in September, we can make the actual selection?
Mr. Odio: Right, that means that you don't move out until at least December.
Ms. Diane Johnson: For construction.
Commissioner Plummer: Well, let me ask you this and I don't know the minute
particular involvement. Have you got a set of plans ready?
Mr. Lee: We have a rough set of plans, yes, air.
Commissioner Plummer: No, not a rough set. Have you got a...
121
June 28, 1990
4 .
_t
1}
{
Mr. Lee: Complete details, we don't have the complete electrical yet, sir, -
the complete plumbing.
=i
Vice Mayor Dawkins: Listen, you're missing this.
Commissioner Plummer: Well, how the hell can you go out to a bidding
procedure if you don't have that?
_ Mr. Lee: We can... _
Vice Mayor Dawkins: Because they've already picked the builder. They already
let the contract, they've chosen who they're going to give it to and everybody —
else is locked out of it. No, no, no, no, no. That's out.
�? Mr. Odio: We have not selected anyone.
s' Vice Mayor Dawkins: All right, but why are you going to use the pre -stressed?
= Mr. Odio: Because it's the cheapest available materials in the market today.
j! And the fastest to put up.
=1:
Vice Mayor Dawkins: So, coming back to this Commission's mandate out of all
- of the black and Latin contractors and laborers we got out of work... -
Mr. Odio: We will contact all of them.
Vice Mayor Dawkins: ...you're going to go to a pre -stressed thing and instead
of going conventionally and putting people to work who need to work.
Commissioner Plummer: Well, you know, I can't disrupt your theory, but if, in
fact, the building is adequate and it does the job and it's cheaper, you're
still going to put people to work...
Vice Mayor Dawkins: How much cheaper?
Commissioner Plummer: I don't know, Commissioner.
r Vice Mayor Dawkins: OK, that's what I need to know.
Mr. Odio: I think it's about a... if I say it a million dollars?
Mr. Lee: Yes, you may.
Commissioner Plummer: Do we not have - let me ask you this...
Mr. Odio: About a million dollars cheaper.
Commissioner Plummer: All right, let me ask you, do we not have a list...
Vice Mayor Dawkins: A million dollars? You mean to tell me that I can put up
for a million and a half - a million, eight hundred dollars, you're going to
put up for $800,000?
Mr. Odio: Commission, yes, we actually went - the budget was a million, nine.
I did not want to spend a million nine there...
Vice Mayor Dawkins: I'm a slow learner, but I'm not retarded.
Mr. Odio: ...and we redesigned it for pre -stressed. We looked at every
material and we came up with a design for $800,000.
Vice Mayor Dawkins: Mr. Manager, I do not believe that we, in City... if we,
in the City of Miami, can take a million eight building and put up something
for $800,000 that's substantial and just as good...
Mr. Odio: Yes, we always get just...
Vice Mayor Dawkins: ...for some reason, why aren't we doing it with
affordable homes?
Mr. Odio: Well, I don't build affordable homes.
122 June 28, 1990
s
Vice Mayor Dawkins: We do. We do.
Commissioner Plummer: Can I ask a question?
Mr. Odio: We are building... we don't build it.
Commissioner Plummer: Do we have a list of all of the black contractors,
Latin contractors...
Mr. Prieto: Yes, we do, air.
Commissioner Plummer: Of all the contractors?
Mr. Prieto: Yes, we do.
Commissioner Plummer: Could we not send a proposal to all of them...
Mr. Prieto: We will, air.
Commissioner Plummer: ...and ask them to come back within 30 days and submit
a price? Is that legal? Can we do that?
Mr. Odio: That's what we're trying to do here.
Vice Mayor Dawkins: No, you're not.
Mr. Odio: That's exactly what we're trying to do.
Vice Mayor Dawkins: No, you're not. You're not.
Commissioner Plummer: No, you are waiving the formal competitive sealed bids.
Mr. Prieto: No.
Vice Mayor Dawkins: And execute the necessary contract.
Mr. Odio: The formal part is, you advertise and you wait 50 days. That's
what you're cutting back on. But we're actually obligated to contact every
contractor.
Commissioner Alonso: What went wrong? Why are we in this situation now?
1
' Mr. Prieto: Because of delays in...
Commissioner Alonso: In what? The asbestos...
Mr. Prieto: ...approving. In the incinerator the asbestos issue at the
incinerator. It took us four months.
Vice Mayor Dawkins: Ho, wait a minute. Madam, may I just cut you? What
would removing an incinerator have to do with preparing plans for a piece of
land you're going to build on? Why would you have to wait until you push a
building down and she's in construction, I'm not. Why would you have to wait
until you push a building down to start putting out plans to put up what
you're going to put there.
Commissioner Plummer: Because they like bureaucracy.
Mr. Prieto: Because plans...
Commissioner Plummer: Bureaucracy creates jobs.
Mr. Prieto: No... plans depend on an accurate survey. The survey crew cannot
get into the site until the asbestos had been removed.
Mr. Odio: What if...
Vice Mayor Dawkins: Now I'm not in construction. I'm an educator. OK? But
that don't make sense to me.
Mr. Odio: Yes, you're saving a million dollars and we get chastised for it.
Mayor Suarez:
tree?
Comissionersi what do you want to do besides shakes the palm
Commissioner Plummer: No, that's the money tree.
Mayor Suarez: The money tree.
Commissioner Plummer: It's bare.
Commissioner Alonso: It's been like that for a long time.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Plummer: I'm asking a question and I still haven't got a damn
answer for. -
Mayor Suarez: Could we not do a modified...
Commissioner Plummer: Can we not send out a set of specs to everyone, say
come back in 30 days, and this commission will award it?
Mayor Suarez: That's modified, negotiated, competitive...
Commissioner Plummer: Well, don't give me this business about 60 days
advertising, 30 days of this, 30 days of that.
Mayor Suarez: That's formal...
Mr. Lee: Commissioner, that was the formal process that the Manager...
Commissioner Plummer: That isn't what he just told me.
Mr. Fernandez: No.
Mr. Odio: It's a formal process.
Mr. Fernandez: So, what you can do is waive the formal process acc6rding to
the code and then instruct the City Manager to adopt another process less
formal...
Commissioner Plummer: That's not what you're asking me to do here!
Mayor Suarez: All right, Mr. Plummer, would you like to then make the motion
to waive the formal competitive bidding and go to a modified as...
Commissioner Plummer: I have no problem with that.
Mr. Fernandez: And then, in the modified...
Commissioner Plummer: As long as this Commission is making the final
decision.
Mayor Suarez: Yes.
Mr. Fernandez: Of awarding the contract.
Commissioner Plummer: See, you've got me into this thing with the federal
courthouse and I want to tell you something, I am going to tear all of you up.
OK? You have got the fads building the thing, the feds recognizing, the fads
doing the evaluation, and then you're going to come to me and ask me to rubber
stamp it. You know what I'm going to tell you? Ha, ha, ha, ha, ha. Burn in
hades. OK? All I'm saying to you is, I will accept the bidding procedure and
would you notify all parties that have the ability to perform. You evaluate
it, and bring it back here. We will award it and it can be done in 30 days.
Mr. Fernandez: Fifteen days, by the 12th? Can do it in two weeks.
Mayor Suarez: The implication of the way it was done was a bid to
expeditiously because it implied or stated that... yes.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
t
Mayor Suarez: And that's what I'm saying.
Commissioner Alonso: If you come back in 30 days, will you have enough time
to complete the...
Mayor Suarez: That process as indicated.
Commissioner Alonso: ...process and get ready for the deadline that you have?
Is it possible?
Commissioner Plummer: Can that building be built in 60 days?
Mr. Lee: Commissioner, if we go pre -stress, we can have a building there in
60 days.
Commissioner Plummer: Wheeeeee. I don't know if I want to be under that
roof.
Mayor Suarez: It's a modified...
Mr. Lee: Well, there are over twenty million square feet of that type of
building in Dade County.
Mayor Suarez: It's a bonafide Boy Scout tent.
Commissioner Alonso: How large is the building?
Mr. Lee: Fifty-four by a hundred with a double mezzanine.
Vice Mayor Dawkins: Fifty-four by a hundred, that's what? That's 54,000
square feet?
Mr. Fernandez: We have to wait and see what they're doing.
Commissioner Plummer: No, not with a double mezzanine, it's more usable
square feet.
Mayor Suarez: Five thousand, four hundred.
Mr. Lee: It's approximately eleven thousand some square feet.
Mayor Suarez: Multiply it by two so we're about 11,000. All right.
Commissioner Plummer: I got to ask a question. Does it have little black
wheels with a
Mayor Suarez: We're getting to that section of the agenda where we wonder
what he had for lunch.
Commissioner Plummer: I told him what happened. He didn't go to lunch with
me. When I eat alone, I drink more.
Mayor Suarez: Is that right? Was that on the record?
Commissioner Plummer: When I drink more, I get nasty. When I get nasty, I
got to take it out on him, right?
Mayor Suarez: OK, because I was going to clarify it, what the heck they gave
— you for lunch? All right...
Commissioner Plummer: Does that follow process?
Mayor Suarez: ...is that in the form of a motion to have the modified process
= and be brought back to us at the first - second meeting in July, right?
u
Commissioner Plummer: Well, it's got to be because we don't meet in August
a and then they're not accomplishing anything.
Mayor Suarez: Well, you're not going to try to do it in the next 12 days or
_ whatever it is that we have for the first meeting in July. As you're saying,
the second meeting in July. Yes, Mr. City Attorney? No way?
125 JuAe 20, 1990
Gar
Mr. Fernandez: No, that would be fine, but you have to be aware...
Vice Mayor Dawkins: If they want to work, they'll do it in 12 days.
Commissioner Plummer: Why you can't have it back in - out and back in 12
days? No way..
Vice Mayor Dawkins: Why can't you?
Mr. Lee: It wouldn't be fair for the contractor.
Mr. Odio: Let me remind you of something...
Commissioner Plummer: The mail takes five.
Mr. Odio: Let me remind you of something, you mail the drawings, or they come
and get the drawings of the building. They have to have their take off
people, engineers, start looking at the whole building and do a take off on
every single piece of that building. That takes them 30 days to do.
Commissioner Plummer: But you don't even have the electrical finished. How
are they going to bid on something they don't know what you want?
Mr. Lee: Well, the electrical comes after.
Commissioner Plummer: We'll have another Pepper Fountain.
Mr. Odio: Because the electrical is...
Mr. Lee: We're going for the structure.
Mr. Odio: I don't care about the electrical as long as we have the shell
built and move out. You put a different contract for electrical,
Commissioner.
Mayor Suarez: OK, so we're all agreed then that try for the second meeting in
July then. You want to build that in the form of a motion which also has to
waive - Mr. City Attorney, competitive bidding. Is that what you were about
to tell me?
Mr. Fernandez: Yes, the item that's in front of you is, in fact, waiving the
competitive...
Mayor Suarez: The motion will build that into it then?
Mr. Fernandez: ...sealed bids,
Mayor Suarez: All right.
Mr. Fernandez: And, on top of that, you're adding the condition that it be
back for final approval by the 28th.
Mayor Suarez: Right.
Commissioner Plummer: Excuse me.
Mayor Suarez: Within the...
Commissioner Plummer: It will still be sealed bids with a performance bond.
Is that correct? Is it normally the procedure?
Mr. Prieto: In informal bidding, it is always sealed bids.
Commissioner Plummer: No, he said waive the sealed bidding procedure.
Mr. Prieto: No, we have always are sealed.
Commissioner Plummer: Excuse me, did you listen to him?
Mr. Prieto: I know.
126 June 2$, 1990
Mr. Fernandez: Yes, no, no, no... the resolution reads, waiving the formal
competitive sealed bid procedure.
Commissioner Plummer: I'm not doing that. I will waive going through the
formality of the 60, 30, 30, and 30.
Mr. Fernandez: But they could still be sealed.
Commissioner Plummer: I want them sealed.
Mayor Suarez: All right, with that built in that they will be sealed
although not the formal competitive seal process, which under the law would
require about 90 days. That's your motion to have it back on the second
meeting in July for final determination by this Commission.
Commissioner Plummer: It's fine with me.
Mayor Suarez: So moved. Do we have a second? Second?
Commissioner Alonso: Yes, I second.
Mayor Suarez: Thank you. Our expert on construction, so that we can get out
of here. Moved and seconded. Any discussion? If not, please call the roll.
Mr. Fernandez: And this requires a four -fifth vote.
Mr. Lee: I understand that.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-478
A RESOLUTION, BY AN AFFIRMATIVE VOTE OF 4/5THS OF THE
MEMBERS OF THE CITY COMMISSION, WAIVING FORMAL
COMPETITIVE SEALED BID PROCEDURES AND AUTHORIZING THE
USE OF INFORMAL BID PROCEDURES FOR CONSTRUCTION,
MATERIALS AND EQUIPMENT NEEDED FOR WAREHOUSE, OFFICE,
RESTROOM AND STORAGE FACILITIES FOR THE OPERATIONS
DIVISIONS OF THE PARKS AND RECREATION AND PUBLIC WORKS
DEPARTMENTS UNDER THE CAPITAL IMPROVEMENT PROJECT
ENTITLED "RELOCATION OF MUNICIPAL SHOPS OPERATIONS";
RATIFYING, CONFIRMING AND APPROVING THE CITY MANAGER'S
FINDING THAT A VALID PUBLIC EMERGENCY EXISTS
JUSTIFYING SAID WAIVER; AUTHORIZING THE CITY MANAGER
TO EXECUTE THE NECESSARY CONTRACTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, AND TO ISSUE THE
NECESSARY PURCHASE ORDERS FOR SAID CONSTRUCTION,
MATERIALS AND EQUIPMENT UPON THE REVIEW AND APPROVAL
OF THE CITY COMMISSION; ALLOCATING FUNDS THEREFOR IN
AN AMOUNT NOT TO EXCEED $800,000 FROM THE CAPITAL
IMPROVEMENT PROJECT OF THE SAME NAME, PROJECT NO.
311018.
(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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre.
Mayor Suarez: And I want to pay for his lunch next time and make sure you
feed him well. Give him something to drink, etcetera, etcetera.
127 June 28, 1990
x
24. APPOINT INDIVIDUALS TO MIAMI SPORTS AND EXHIBITION AUTHORITY (Appointed =_
were: Milton Vickers, Frankie Rolle, Eli Feinberg and J. Skip Shepard).
------------------------------------------------------------------------------
Mayor Suarez: All right. Anything left from the morning agenda? If not, we
go to planning and zoning. What the hell is item 21?
Commissioner Plummer: No, no, we're not finished. Remember, I got...
Mr. Fernandez: You only need one four -fifth.
Mayor Suarez: I'm sorry, what was that? Did we want to do anything with item
21? -Sports Exhibition Authority. I think, I know Commissioner Plummer is
indicated he wants to defer.
Commissioner Plummer: I'll defer my appointment. Now, if the rest wish to
make theirs, they can.
Mayor Suarez: All right.
Vice Mayor Dawkins: OK, I'll reappoint Frankie Rolle and I'll also appoint
Mr. Milton Vickers to replace George Knox.
Mayor Suarez: OK. As to those two, I'll entertain a motion and anyone else
want to...
Commissioner Alonso: Yes...
Mayor Suarez: Yes, Commissioner.
Commissioner Alonso: ...I'd like to reappoint Eli Feinberg.
Mayor Suarez: OK, and as to that one, we have a motion and a second. Any
discussion? If not, please call the roll.
Commissioner Plummer: You have one, Mr. Mayor.
Mayor Suarez: Yes, I'm going to defer on my too.
Commissioner Plummer: OK.
Commissioner De Yurre: I want to name Skip, rename Skip Shepard.
Mayor Suarez: And as to Skip Shepard, Commissioner De Yurre.
Commissioner Plummer: Oh, no.
Mayor Suarez: As to those four., we have a motion and a second.
Commissioner Plummer: Oh, no. The father or the son, Victor?
Commissioner De Yurre: The young one over here.
Commissioner Plummer: Oh, OK, I'll go for that.
Ms. Hirai: Put it in the record, Victor. Commissioner...
Commissioner De Yurre: Skip Shepard reappointed to...
Commissioner Plummer: J. J. Shepard.
Commissioner De Yurre: J.J.?
Commissioner Plummer: Julius.
Commissioner De Yurre; To the seat on the Sports Authority.
Commissioner Plummer: I make a motion that we approve the names submitted.
128 June 28, 1990
_ t-
71
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-479
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS
OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
NOTE: At this point, the City Commission temporarily
tables consideration of the regular agenda items in
order to consider items from the Planning and Zoning
portion of the agenda.
NOTE FOR THE RECORD: At this point, agenda items PZ-
7, PZ-8, PZ-9 and PZ-10 were unanimously continued to
the second meeting in July. Agenda items PZ-19, PZ-28
and PZ-30 were withdrawn.
25. SECOND READING ORDINANCE (ZONING ATLAS AMENDMENT): AMEND 9500 - APPLY
HC-1 AND RETAIN UNDERLYING ZONING DISTRICT FOR VENETIAN CAUSEWAY, AND
NORTH AND SOUTH VENETIAN WAY (Applicant: Planning Department).
Mayor Suarez: PZ-1 then,
Commissioner Alonso: Move.
Mayor Suarez: Moved by Commissioner Alonso.
Vice Mayor Dawkins: Second.
a
�! Mayor Suarez: 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.
Commissioner Plummer: Just a correction of the agenda, Mr. Mayor.
Mayor Suarez: Yes.
=a
129 June 28, 1990
2
F .
Comissioner Plummer: According to my agenda, it said that the only ones that
voted for this on first reading were Suarez and De Yurre, with myself being
absent. So I think it needs to be corrected to show that...
Mayor Suarez: It was moved by Commissioner Alonso, seconded Vice Mayor
Dawkins and additional yes votes were myself and De Yurre. They are the only
yes.
Vice Mayor Dawkins: And you had to go to a .....
Commissioner Plummer: Yes, OK.
Commissioner De Yurre: You had to go do something that nobody else could do
for you.
Commissioner Plummer: Nobody voted no, in other words.
Mayor Suarez: Right.
Vice Mayor Dawkins: No.
Commissioner Alonso: No.
Commissioner De Yurre: OK.
Commissioner Alonso: That's right.
Commissioner Plummer: Just to correct it, I'm sorry.
Mayor Suarez: Did we call the roll on that?
Ms. Hirai: No, sir.
Mayor Suarez: Please do.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
MO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY APPLYING SECTION 1610, HC-l;
GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO
THE VENETIAN CAUSEWAY: THE ENTIRE LENGTH OF THE
CAUSEWAY WITHIN THE CITY OF MIAMI FROM A POINT
APPROXIMATELY 20 FEET WEST OF THE DADE COUNTY BULKHEAD
LINE EASTWARD TO THE CITY LIMITS AND INCLUDING ALL
BRIDGES AND THE RIGHTS -OF -WAY OF NORTH AND SOUTH
VENETIAN WAY, MIAMI, FLORIDA; INCORPORATING THE
DESIGNATION REPORT; MAKING FINDINGS; AND MAKING ALL
NECESSARY CHANGES ON PAGE NUMBERS 22 AND 23 OF SAID
ZONING ATLAS; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of May 24, 1990, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Alonso, seconded by Commissioner Dawkins, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following votes
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. 10747.
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.
June 28► 1990
130
--------------------------- ---- — - — -----------------------------------------
26. SECOND READING ORDINANCE (ZONING ATLAS AMENDMENT): AMEND 1100 - APPLY
HC-1 AND RETAIN UNDERLYING ZONING DISTRICT FOR VENETIAN CAUSEWAY, AND
NORTH AND SOUTH VENETIAN WAY (Applicant: Planning Department).
-----------------------------------------------------------------------------
Mayor Suarez: PZ-2.
Commissioner De Yurre: Move it.
Commissioner Alonso: Move.
Commissioner Plummer: No, no, as he did. He's got the copy.
Mayor Suarez: Moved and seconded, City of Miami Planning Department item.
Any discussion on it? If not, please read the ordinance.
Commissioner De Yurre: Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 1100 (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 VENETIAN
CAUSEWAY: THE ENTIRE LENGTH OF THE CAUSEWAY WITHIN THE
CITY OF MIAMI FROM A POINT APPROXIMATELY 20 FEET WEST
OF THE DADE COUNTY BULKHEAD LINE EASTWARD TO THE CITY
LIMITS AND INCLUDING ALL BRIDGES AND THE RIGHTS -OF -WAY
OF NORTH AND SOUTH VENETIAN WAY, MIAMI, FLORIDA;
MAKING FINDINGS; INCORPORATING THE DESIGNATION REPORT;
AND MAKING ALL NECESSARY CHANGES ON PAGE NUMBERS 22
AND 23 OF SAID ZONING ATLAS; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
Passed on its first reading by title at the meeting of May 24, 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. 10746.
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.
131 June 28, 1990
------------------------------------------------------------------------
27. SECOND READING ORDINANCE (ZONING TEXT AMENDMENT): AMEND 1100 ARTICLE 6
SD SPECIAL DISTRICTS - ADD NEW SECTION 610 SD-10: JACKSON MEMORIAL
HOSPITAL MEDICAL CENTER OVERLAY DISTRICT, ETC. (Applicant: Planning
Department).
Commissioner De Yurre: Move three.
Commissioner Plummer: Let's talk about three for a minute.
Vice Mayor Dawkins: OK, well then you can't talk for less than a second.
Commissioner Plummer: No, I think this is something you wanted to talk about.
This is Jackson Hospital, right?
Mr. Guillermo Olmedillo: Jackson Memorial district.
Commissioner Plummer: Yes, Jackson Memorial Hospital. Commissioner Dawkins,
your remarks I'm refreshing your memory, in reference to the indigent patients
and the homeless that Jackson now says they can't take care of and they're
looking to the City for money.
Vice Mayor Dawkins: So, I...
Commissioner Plummer; Remember?
Vice Mayor Dawkins: Yes, so I... so I guess we'll have to wait till they
decide.
Commissioner Plummer: Well, I, you know, I don't know, what are they asking
for?
Mr. Olmedillo: This is the parking district. What we have applied before was
in 9500. Then when 11,000, the zoning ordinance came out to you, it was
pulled from the ordinance, then this brought it back and you went through
first reading already. This is second reading so that they can have a parking
district for the entire geographical area in which Jackson Memorial is
located.
Commissioner Plummer: Does that eliminate, in any way, their responsibility
if they build on top of a parking lot - that they have got to provide
additional parking
Mr. Olmedillo: No, sir. Every time that they generate one square foot of
building or six hundred square feet of building they got to put in an
additional parking space.
Commissioner De Yurre: Up until the time that they fill their quota with the
space that they have available as far as parking space are concerned. Once...
Commissioner Plummer: You're not standing there telling me that they have one
parking space for every six hundred square foot of space they have now.
Mr. Olmedillo: Yes, I am, air.
Commissioner Plummer: The entire complex?
Mr. Olmedillo: That is correct.
Commissioner De Yurre: The whole Campus?
Commissioner Plummer: You ever tried to find a parking space at Jackson
Hospital?
Mr. Olmedillo: Yes, sir. I find it. I'm lucky.
Commissioner Plummer: You damn lucky.
Mr. Jorge Fernandez: Second and final reading?
_'- 132 June 28, 1990
}
-
Commissioner Plummer: Maybe. —
Commissioner De Yurre; Well, the thing is that, that follows our laws right -
-
here... you know, the six hundred, which is standard.
Commissioner Plummer: Well, maybe our laws are not adequate.
_
Commissioner De Yurre: Because we are pretty lax as far as our requirements
are concerned.
Vice Mayor Dawkins: You know, I would like to turn this down, but knowing
_
that J.L. and the rest of my Commissioners, we are trying to get the Trauma
-
Center and everything at Jackson... we just J.L. sometime we just have to bite
the bullet.
Commissioner Plummer: Hey, look, I have no problem with that. It was your
comments prior that were the contention. -
Vice Mayor Dawkins: Well, I still feel that we shouldn't do anything with -
-
them because it is their responsibility to care for the indigent.
Commissioner Plummer: I'll move it.
Commissioner Alonso: Second.
Commissioner Plummer: Read the ordinance.
Mayor Suarez: Any discussion on that item? If not, please read the
ordinance. Call the roll.
AN ORDINANCE -
AN ORDINANCEAMENDING ORDINANCE 11000, AS AMENDED, THE
NEW ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA
(EFFECTIVE SEPTEMBER 4, 1990), BY AMENDING ARTICLE 6,
SD SPECIAL DISTRICTS, BY ADDING A NEW SECTION 610 SD-
10 JACKSON MEMORIAL HOSPITAL MEDICAL CENTER OVERLAY
DISTRICT; PROVIDING FOR INTENT AND EFFECT; REQUIRING A
CLASS II SPECIAL PERMIT; PROVIDING SPECIAL RULES FOR
COMPUTATION OF PARKING REQUIREMENTS; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of May 24, 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: 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. 10749.
_ 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.
133
June 20, 1990
---------- --- 1
28. SECOND READING ORDINANCE (ZONING ATLAS AMENDMENT): AMEND 11000 - APPLY
PROPOSED SD-10 JACKSON MEMORIAL HOSPITAL MEDICAL CENTER OVERLAY DISTRICT
AND RETAIN UNDERLYING ZONING DISTRICT IN AREA GENERALLY BOUNDED BY N.W.
14 AND 20 STREETS, BETWEEN N.W. 7 AND 12 AVENUES, PLUS AN AREA EXTENDING
APPROXIMATELY 300 FEET SOUTH OF N.W. 16 STREET AND APPROXIMATELY 650
FEET WEST OF N.W. 12 AVENUE TO WAGNER CREEK (Applicant: Planning
Department).
Mayor Suarez: PZ-4.
Mr. Olmedillo: PL-4 is a companion item.
Commissioner De Yurre: Move.
Commissioner Alonso: Move.
Mayor Suarez: Moved and seconded. Any discussion? If not, read the
ordinance.
AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY
TITLE ONLY.
Commissioner Plummer: Question. Extending six hundred and fifty feet west of
12th Avenue, do they own that property?
Commissioner Alonso: They had better.
Commissioner Plummer: Is that their property?... West.
Mr. Guillermo Olmedillo: Jackson Towers.
Commissioner Plummer: Show me. But that's Cedars. You bought Cedars out the
apartment house. That thing is covered with concrete, I don't know why there
is any contention about the parking at that place. You're not going to be
providing any parking there. What the hell, go ahead.
Mayor Suarez: It's been read. Moved?
Commissioner De Yurre: Moved and seconded.
Mayor Suarez: Has it been read?
Mr. Fernandez: Yes, it has.
Mayor Suarez: Call the roll then.
AN ORDINANCE -
AN ORDINANCEAMENDING 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 THE SD-10 JACKSON MEMORIAL HOSPITAL
MEDICAL CENTER OVERLAY DISTRICT TO THE AREA GENERALLY
BOUNDED BY NORTHWEST 14TH AND 20TH STREETS, BETWEEN
NORTHWEST 7TH AND 12TH AVENUES, PLUS AN AREA EXTENDING
APPROXIMATELY 300 FEET SOUTH OF NORTHWEST 16TH STREET
AND EXTENDING APPROXIMATELY 650 FEET WEST OF NORTHWEST
12TH AVENUE TO WAGNER CREEK, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN); BY MAKING FINDINGS;
AND BY MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 24
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 May 24, 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:
134 June 20, 1990
b:
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. 10750.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
29. SECOND READING ORDINANCE (ZONING ATLAS AMENDMENT): AMEND 9500 ZONING
ATLAS AT BLOCK BOUNDED BY N.W. 1 COURT AND 2 AVENUE BETWEEN N.W. 5 AND 6
STREETS FROM CG-2/7 TO SPI-16.2 (Applicant: Planning Department).
Mr. Olmedillo: PZ-5 and PZ-6 are companion items again and this is an item
that was brought to your attention by Mrs. Louise Bower.
Commissioner Alonso: Move
Commissioner De Yurre: Move it.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
AN ORDINANCE -
AN ORDINANCEAMENDING THE ZONING ATLAS OF ORDINANCE NO.
9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY CHANGING THE ZONING
CLASSIFICATION OF THE BLOCK BOUNDED BY NORTHWEST 1ST
COURT AND 2ND AVENUE BETWEEN NORTHWEST 5TH AND 6TH
STREETS, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN), FROM CG-2/7 GENERAL COMMERCIAL TO SPI-16.2
SOUTHEAST OVERTOWN-PARK WEST COMMERCIAL RESIDENTIAL
DISTRICT; BY MAKING FINDINGS; AND BY MAKING ALL
NECESSARY CHANGES ON PAGE NUMBER 36 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 May 24, 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. 10751.
135 Junes 28, 1990
[IN
on i
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE LURING ROLL CALL:
Commissioner Plummer: This is on five? _
Mr. Fernandez: Yes.
Commissioner Plummer: All right, I'll vote yes, and then I'll ask my question
afterwards.
COMMENTS MADE AFTER ROLL CALL:
Commissioner Plummer: Mr. Rodriguez, if I'm reading the legal description of
these two pieces of property in five and in six, it appears to me that you're
giving two classifications to one area boundary. For NW let Court and 2nd
Avenue...
Mr. Rodriguez: Where are you reading from?
Commissioner Plummer: ... between 5th and 6th Streets, is the identical
description. In the first one, you changed it from CG-27 to SPI-16.2 then in
PZ-6...
Mr. Rodriguez: Right. I can explain.
Commissioner Plummer: ... you changed it from C-1 to SD-16.2-.
Mr. Rodriguez: We have now, double items. One under 9500 and the second one
under 11000 which is the ordinance that will be in effect in September 4, and
that's what you are doing now... until we get there.
Commissioner Plummer: But why are we doing it double? Why don't we just wait
until September 4, and just do it.
Mr. Rodriguez: Because we may have... they might need an action at this
point. You instructed us to do it earlier on, this is the earliest we can do
it, so we are doing double to make sure that we cover everything, maybe
September, you might decided to change your mind and we might want to make
sure that we cover both of them.
Commissioner Plummer: Long live bureaucracy.
Mr. Rodriguez: Just vote for one of them.
Commissioner Plummer: You guys would be without a job if we didn't do it.
30. SECOND READING ORDINANCE (ZONING ATLAS AMENDMENT): AMEND 11000 ZONING
ATLAS AT BLOCK BOUNDED BY N.W. 1 COURT AND 2 AVENUE BETWEEN N.W. 5 AND 6
STREETS FROM C-1 TO SD-16.2 (Applicant: Planning Department).
Mr. Fernandez: Number 6, second and final reading.
Commissioner De Yurre: Move it.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Commissioner Alonso. Any discussion? If not,
please read the ordinance. Call the roll.
136
jupe 26, 1990
AN ORDINANCE -
AN ORDINANCEAMENDING 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 THE BLOCK
BOUNDED BY NORTHWEST 1ST COURT AND 2ND AVENUE BETWEEN
NORTHWEST STH AND 6TH STREETS, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN), FROM C-1 RESTRICTED
COMMERCIAL TO SD-16.2 SOUTHEAST OVERTOWN-PARK WEST
COMMERCIAL RESIDENTIAL DISTRICT; BY MAKING FINDINGS;
AND BY MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 36
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 May 24, 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. 10752.
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. FIRST READING ORDINANCE: AMEND 10544 (MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN 1989-2000, FUTURE LAND USE PLAN MAP) - CHANGE LAND USE DESIGNATIONS
FOR BLOCK BOUNDED BY S.W. 7 AND 8 STREETS AND S.W. 42 AND 43 AVENUES
(LESS N 20' AND W 51) FROM SINGLE FAMILY RESIDENTIAL AND RESTRICTED
COMMERCIAL TO GENERAL COMMERCIAL (Applicants: Anthony R. Abraham and
Raymond & Dorothy Ball).
-I Mayor Suarez: PZ-11.
Mr. Olmedillo: Eleven, twelve and thirteen are companion items. Eleven is
the plan amendment.
Commissioner Plummer: Move item 11.
Mayor Suarez: So moved. Any one wished to be heard on PZ-11? Let the record
reflect that no one stepped forward.
Vice Mayor Dawkins: What happened to seven, eight, nine and ten?
Mayor Suarez: They were all withdrawn.
Mr. Olmedillo: They were continued.
Commissioner Alonso: Second.
Commissioner Plummer: They were deferred until July 26th.
AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY
TITLE ONLY.
137 June 280 1990
a ,
OW;� _ Y
Commissioner be Yurres Nobody speaking?
Mayor Suarez: No.
Commissioner Plummer: Call the roll.
No. Matty Hirai: Need a second, Mr. Mayor.
Commissioner Alonso: Second.
Mayor Suarez: We had the reading, we had the movement and we had a second,
right?
Ms. Matty Hirai: Commissioner Alonso seconded.
Mayor Suarez: OK. Did you want to ask a question, Commissioner De Yurre?
Commissioner De Yurre: What do we have there right now on the 7th Street
side?
Mr. Olmedillo: The property is used right now for car sales. That is the
north...
Commissioner De Yurre: The whole block?
Commissioner Plummer: The whole block is car sales.
Mr. Olmedillo: That whole... the entire yellow block is used for car sales
except for the northerly twenty feet facing 7th Street which is blocked off by
a wall in landscaping and if...
Commissioner Plummers The same that exist on the other side?
Commissioner De Yurre: OK.
Mr. Olmedillo: If you notice the application excludes the twenty feet.
Commissioner De Yurres What is the purpose of this zoning change?
Mr. Olmedillo: The application will allow the applicant, the property owner
to maintain the used car sales which are not part of the Cl district which is
the one classification that we are going in to in the new ordinance. And the
comp -plan also indicated for the portion which is zoned residentially today,
which is the one facing 7th street.
Commissioner Plummer: Isn't this also the ordinance that we've changed?
Mr. Olmedillo: Yes, air.
Commissioner Plummer: Didn't we change this just recently?
Mr. Rodriguez: We changed this just recently...
Commissioner Plummer: ... to make it provision so that they could because if
not, we were going to lose a hell of a lot of car distributors in this city.
Mr. Olmedillo: We had some limitations and this will release those
limitations that we put under C1.
Commissioner Plummer: That's what prompted it. We've lost about half of our
car distributors in the City of Miami which is great revenue simply because
they could not sell used cars off of a part of their property. This will
allow them to do it. In this particular case, it's a single application and
that way, we don't lose these dealerships.
Commissioner De Yurre: What are they doing there right now? They are selling
used cars right now, aren't they?
Mr. Olmedillo: They have a conditional an old conditional used from 168, 171,
which allow them to have the cars parked there and they sell them from the
front lot which faces on 8th Street, 8th and 42nd.
Commissioner Plummer: It's called voodoo.
Mr. Olmedillo: If you remember the property, it's the entire block, Now that
conditional use excluded the northerly twenty feet which is the application
that you have today. So the application, what will allow them is that, with
the zoning change, they can have not only parking of cars there, but they can
also have sales conducted from that portion of the property. And of course,
any other use that the C2 or the CG district will allow them to.
Commissioner De Yurre: And what can they... can they knock that down
eventually and build on it?
Mr. Olmedillo: No. Because it's excluded from the application that you have
in f ront of you. So those twenty feet will be there until this Commission
changes the northerly twenty feet to something that is not residential.
Commissioner Plummer: Sit back.
Commissioner De Yurre: But you can build on it on 8th Street and push all the
way back to within twenty feet of 7th Street?
Mr. Rodriguez: Yes.
Mr. Olmedillo: Well, there is a set back because you have a rear setback from
the zoning line.
Mr. Rodriguez: But your question is, if they were not to have a used car lot
and they were to have another use over there, yes, they could do it up to the
20 feet, minus the setback.
Commissioner Plummer: So what they don't have to do Victor? On the
windshield of the car where it's in disc letters almost and then new? They
can just put new.
Commissioner De Yurre: Ok.
Mayor Suarez: We just about got ready to call the roll on it. Would you
please do that?
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1989-2000, FOR THE BLOCK BOUNDED BY
SOUTHWEST 8TH STREET AND A LINE 20 FEET SOUTH OF AND
PARALLEL TO THE SOUTH RIGHT-OF-WAY LINE OF SOUTHWEST
7TH STREET, BETWEEN SOUTHWEST 42ND AVENUE AND
SOUTHWEST 43RD AVENUE, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE
DESIGNATION OF THE SUBJECT PROPERTY FROM SINGLE FAMILY
RESIDENTIAL AND RESTRICTED COMMERCIAL TO GENERAL
COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE CITY
CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO AFFECTED
AGENCIES; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Alonso and was passed on its first reading by title by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
139 ,June 28, 1990
32. FIRST READING ORDINANCE (ZONING ATLAS AMENDMENT): AMEND 9500 ZONING
ATLAS FOR BLOCK BOUNDED BY S.W. 7 AND 8 STREETS AND S.W. 42 AND 43
AVENUES - FROM RS-2/2 FOR LOT 25 LESS IN 20' AND W 5' ; AND LOTS 26-33
LESS N 201; RG-2/4 FOR LOTS 1-23 AND LOT 24 LESS W 5'; AND CR-3/7 FOR
LOTS 1-5 AND LOTS 35-37 AND LOT 38 LESS N 201; ALL TO CG-1/7
(Applicants: Anthony R. Abraham and Raymond & Dorothy Ball).
Mayor Suarez: Companion item PZ-12.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance.
Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF SECTION 3509
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 FOR LOT 25 LESS WEST 5' AND LESS
NORTH 201; LOTS 26-33 LESS NORTH 20' RG-2/4 GENERAL
RESIDENTIAL FOR LOT 34 LESS NORTH 201; CR-2/7
RESIDENTIAL COMMERCIAL (COMMUNITY) FOR LOTS 1-23 AND
LOT 24 LESS WEST 5'; AND CR-3/7 RESIDENTIAL COMMERCIAL
(GENERAL) FOR LOTS 1-5 AND LOT 35-37 AND LOT 38 LESS
NORTH 201; ALL TO CG-1/7 GENERAL COMMERCIAL FOR THE
PROPERTY LOCATED AT 4201-99 AND 4200-4298 SOUTHWEST 7
STREET, MIAMI, FLORIDA, ALSO DESCRIBED AS ALL OF BLOCK
3, TRAJUNE PARK, AS RECORDED IN PLAT BOOK 14, AT PAGE
12, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AND
BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 32 OF
SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Alonso and was passed on its first reading by title by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
140 June 28, 1990
33. FIRST READING ORDINANCE (ZONING ATLAS AMENDMENT): AMEND 11000 ZONING
ATLAS FOR BLOCK BOUNDED BY S.W. 7 AND S STREETS AND S.W. 42 AND 43
AVENUES - FROM R-1 WITH SD-12 OVERLAY FOR LOTS 25-33, R-3 WITH SD-12
OVERLAY FOR LOT 25 LESS N 20' AND W 51; AND LOTS 26-33 LESS N 200; RG-
2/4 FOR LOTS 1-23 AND LOT 24 LESS W 59; AND CR-3/7 FOR LOTS 1-5 AND LOTS
35-31 AND LOT 38 LESS N 201; ALL TO C-2 (Applicants: Anthony R. Abraham
and Raymond & Dorothy Ball).
Mayor Suarez: Companion item PZ-13.
Commissioner Plummer: Move it.
Commissioner Alonso: Move.
Mayor Suarez: Moved and seconded. Any discussion? If not, please read the
ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FROM R-1 WITH SD-12 OVERLAY FOR LOT 25
LESS WEST 5' AND LESS NORTH 201; LOTS 26-33 LESS NORTH
201; R-3 WITH SD-12 OVERLAY FOR LOT 34, LESS NORTH 20'
AND C-1 FOR LOTS 1-23 AND LOT 24 LESS WEST 5' AND LOTS
35-37 AND LOT 38 LESS NORTH 201, ALSO DESCRIBED AS ALL
OF BLOCK 3, TRAJUNE PARK AS RECORDED IN PLAT BOOK 14,
AT PAGE 12, OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA, ALL TO C-2, AND BY MAKING ALL THE NECESSARY
CHANGES ON PAGE NO. 32 OF SAID ZONING ATLAS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Alonso and was passed on its first reading by title by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS AFTER ROLL CALL:
Commissioner Plummer: For the record Mr. Blabby, you were elegant today, as
usual.
141 June 28, 1990
34. FIRST READING ORDINANCE: AMEND 10544 (MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN 1989-2000, FUTURE LAND USE PLAN MAP) - CHANGE LAND USE DESIGNATION
AT 102-170 S.W. 7 STREET AND 701-721 S.W. 2 AVENUE FROM RESTRICTED
COMMERCIAL TO GENERAL COMMERCIAL (Applicant: Planning Department)
Mr. Olmedillo: PZ-14 and PZ-15 are companion items again and this is for
property located on 7th Street, SW 7th Street between let and 2nd Avenue and
the changes in the comprehensive planning and the zoning ordinance, you may
remember that Dr. Theede was before you and she had requested to remain what
she had originally, 9500 and this is bringing to you, the change that she had
requested.
Commissioner Alonso: Fourteen, move.
Mayor Suarez: Moved, fourteen is moved.
Commissioner Plummer: Second.
Mayor Suarez: Seconded. Before you leave Tony, I just wanted to say that,
tell Mr. Abraham that we were all excited when we heard about the convention,
i the NAM Convention, assuming it was National Association of Manufacturers.
But we were equally excited knowing that it's National Association of
Maronites. Either way, all the Commissioners will be advised of...
Commissioner Plummer: That's going to be a big convention.
Mayor Suarez: It was an interesting confusion though. The acronym NAM is
well, known. OK.
Commissioner Plummer: Yes, but the problem is, not too many know what
Maronites are.
Mayor Suarez: They're good folks. All right. We have a motion and a second
on PZ-14, we don't need to hear form anybody on this?
Dr. Jane Theede: The map up there doesn't coincide up there with the map sent
to me.
Mayor Suarez: You're going to speak against? - Is that...
Dr. Theede: No. I'm very much in favor of this, I want to thank you for
and...
Commissioner Plummer: Call the roll in a hurry.
Dr. Theede: But I have a question.
Commissioner Plummer: Oh no. I withdraw my second.
Mayor Suarez: All right, before you have a question, if you're going to speak
at all, Madam City Clerk, would you please swear them in. Need your help in
the planning and zoning portion of this agenda in making sure people get sworn
in who are going to testify in accordance with the law.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.
Dr. Theede: The green area up there, what is it?
Mr. Olmedillo: These are the people who have responded to letters saying that
they agree to the application, to the change.
Dr. Theede: And the yellow?
Mr. Olmedillo: The yellow are the properties which were included as part of
the change... subject of the change.
142 June 28, 1990
Dr.
Theedes OK.
My
impression was that the whole
square block was involved
rather
than just
the
SW 7th Street.
Mr.
Olmedillo:
Only
the portion that is facing on
7th Street. The addresses
_ that
you have in
the
legal description.
Dr.
Theedes OK.
My
property is included and I'm
forever grateful and so is
Mr.
Ferguson who
has
the property next to me.
Mayor Suarez: Very good. Thank you, Doctor.
Dr. Theede: It's nice to be preserved for a change.
Mayor Suarez: Does that mean you promise not to run for Mayor and so on?
Just kidding. All right, anybody else, sir.
Mr. Ken Simon: My name is Ken Simon and my address is 7715 SW 86th Street,
Apartment 211. I was also at that meeting that the Doctor was and I'm
representing my Grandmother who owns roughly ten percent of those lots and I
am in favor for it. I had brought up other material, but I don't think it's
necessary at the moment. Thank you.
Mayor Suarez: OK. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1989-2000, FOR PROPERTY LOCATED AT
APPROXIMATELY 102-170 SOUTHWEST 7TH STREET AND 701-721
SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE
DESIGNATION OF THE SUBJECT PROPERTY FROM RESTRICTED
COMMERCIAL TO GENERAL COMMERCIAL; MAKING FINDINGS;
INSTRUCTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
Was introduced by Commissioner Alonso and seconded by Commissioner
Plummer and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
r
s
---- ...w. -----------_---- ----.. —-----_—. --- .-.----—r+y
35. FIRST READING ORDINANCE (ZONING ATLAS AMENDMENT): AMEND 9500 ZONING
ATLAS AT 102-170 S.W. 7 STREET AND 701-721 S.W. 2 AVENUE FROM C-1 TO C-2
(Applican,tz Planning Department).
Mayor Suarez: PZ-15, companion item.
Commissioner Alonso: Move.
Mayor Suarez: Moved.
Vice Mayor Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If. not, please read the ordinance.
Call the roll.
AN ORDINANCE ENTITLED -
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
i
AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE
_
PROPERTY LOCATED AT APPROXIMATELY 102-170 SOUTHWEST
7TH STREET AND 701-721 SOUTHWEST 2ND AVENUE, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM C-1
RESTRICTED COMMERCIAL TO C-2 LIBERAL COMMERCIAL; BY
—
BAKING FINDINGS; AND BY MAKING ALL NECESSARY CHANGES
ON PAGE NUMBER 36 OF SAID ZONING ATLAS; CONTAINING A
=
REPEALER PROVISION AND SEVERABILITY CLAUSE; AND
=
�j
PROVIDING AN EFFECTIVE DATE.
_
=
Was introduced by Commissioner Alonso and seconded by Vice Mayor Dawkins
and was passed on its first reading by title 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.
J+
The City Attorney read the ordinance into the public record
and
announced that copies were available to the members of the City Commission
and
—_1
—i
�
to the public.
—J
----- --------------------------------------__-----------------------------
62-
36. FIRST READING ORDINANCE: AMEND CODE SECTIONS 62-84(1), 62-82(2) AND
-
84(4) - CHANGE COMPOSITION OF URBAN DEVELOPMENT REVIEW BOARD - DELETE
PROCEDURES FOR APPOINTMENTS TO SAID BOARD AS TO PUBLIC NOTICE
AND
SOLICITATION (Applicant: Planning Department).
-
Mayor Suarez: PZ-16.
Mr. Olmedillo: This is an amendment to chapter 62 of the code to relax
some
of the requirements that we have in the Urban Development Review Board
and
allow you to confirm the appointments that you made a couple a months ago
to
a
the Urban Development Review Board.
Commissioner Alonso: Yes. I have no objections and I will move in this,
but
one question, how are we going to resolve the term?
Mr. Olmedillo: The term is something that you're going to have to resolve
because you cannot delegate that to us, so for your information, there
are
144 June 28,
1990
1
four people that will last for three years, three for two years and three for
one year. Commissioner De Yurre has not given out the names of the two people
that, his appointments. So he would have to do that and you would have to
make a choice as to the time period that they are going to have to serve.
Commissioner Alonso: OK. I move.
Mayor Suarez: Move PZ-16.
Commissioner De Yurre: Second.
Mayor Suarez: Second. Any discussion? If not, please read the ordinance.
Call the roil.
AN ORDINANCE ENTITLED -
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.
Was introduced by Commissioner Alonso and seconded by Commissioner De
Yurre and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
37. APPROVE SPECIAL EXCEPTION TO PERMIT A DRIVE -THROUGH FACILITY FOR
CITICORP SAVINGS AT 1790 BISCAYNE BOULEVARD (Applicant: Citicorp Savings
of Florida).
-
Mayor Suarez: PZ-17.
Mr. Olmedillo: PZ-17 and PZ-18 are companion items and as you know, the
=
special exceptions for drive -through facilities in Banks and financial
institutions have to be brought before the Commission for the final approval.
What you have is a facility located at 1790 Biscayne Boulevard and the
Planning Department recommends approval, the Zoning Board recommends approval
_
of 17, the same case on 18. In 18, the applicant is providing twenty-nine
_
spaces, required is forty, but the fact is that they have several windows.
_
They have four windows which creates an economy of moving the people through
and also in 11,000 upon your considerations in the past, we changed the
requirements and this, the twenty-nine that they have, they are providing,
-
meets the requirements that they have in the ordinance that is going to be in
effect in September 4. So, we are recommending approval and the Zoning Board
recommended approval.
— +
_af
Commissioner Alonso: OK. I move.
^�
Commissioner De Yurre: Second.
wi
==r
Vice Mayor Dawkins: Moved and Second. Call the roll.
145 June 28, 1990
—1
0 0
Mr. Fernandez: You move the approval, correct?
Commissioner Alonso: Yes.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 90-480
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING
BOARD TO GRANT A SPECIAL EXCEPTION, SUBJECT TO CITY
COMMISSION APPROVAL, FROM ORDINANCE 9500, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, SCHEDULE OF
DISTRICT REGULATIONS, PAGE 4 OF 6, CR-3/7 COMMERCIAL
RESIDENTIAL (COMMUNITY) AND CR-1 COMMERCIAL
RESIDENTIAL (NEIGHBORHOOD), PRINCIPAL USES AND
STRUCTURES, TO PERMIT A DRIVE-IN FACILITY FOR CITICORP
SAVINGS LOCATED AT 1790 BISCAYNE BOULEVARD, ALSO
DESCRIBED AS TRACT A, BISCAYNE FEDERAL AMENDED AS
RECORDED IN PLAT BOOK 109 AT PAGE 77, OF THE PUBLIC
RECORDS OF DATE COUNTY, FLORIDA, AS PER PLANS ON FILE,
THIS SPECIAL EXCEPTION BEING ALSO SUBJECT TO THE
CONDITIONS STIPULATED HEREIN AND TO A TIME LIMITATION
OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE
OBTAINED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, 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
NOES:
None.
ABSTENTIONS: Mayor Xavier L. Suarez.
ABSENT: None.
38. APPROVE SPECIAL EXCEPTION TO PERMIT A REDUCTION FROM 40 TO 29 STACKING
SPACES FOR PROPOSED CITICORP SAVINGS DRIVE -THROUGH FACILITY AT 1790
BISCAYNE BOULEVARD (Applicant: Citicorp Savings of Florida).
Commissioner De Yurre: Move 18.
Commissioner Alonso: Second.
Vice Mayor Dawkins: Any further discussion? Call the roll on 18, please.
Mr. Fernandez: And again here, you move the approval of the same?
Vice Mayor Dawkins: Yes, sir. Moved to approve.
V
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 90-481
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING
BOARD TO GRANT A SPECIAL EXCEPTION, SUBJECT TO CITY
COMMISSION APPROVAL, FROM ORDINANCE 9500, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 20,
SECTION 2031, SUBSECTION 2031.2 TO PERMIT A REDUCTION
FROM FORTY (40) TO TWENTY-NINE (29) RESERVOIR SPACES
FOR FOUR DRIVE-IN TELLERS FOR THE PROPOSED CITICORP
SAVINGS FACILITY FOR THE PROPERTY LOCATED AT 1790
BISCAYNE BOULEVARD, ALSO DESCRIBED AS TRACT A,
BISCAYNE FEDERAL AMENDED AS RECORDED IN PLAT BOOK 109
AT PAGE 77, OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA. AS PER PLANS ON FILE; ZONED CR 3/7
COMMERCIAL -RESIDENTIAL (GENERAL), THIS SPECIAL
EXCEPTION HAS A TIME LIMITATION OF TWELVE MONTHS IN
WHICH A BUILDING PERMIT MUST BE OBTAINED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
NOES:
None.
ABSTENTIONS: Mayor Xavier L. Suarez.
ABSENT: None.
----- ------------------------------------------------------------------------
39. (A) SECOND READING ORDINANCE (ZONING TEXT AMENDMENT): AMEND 9500
ARTICLE 20 (GENERAL AND SUPPLEMENTARY REGULATIONS), SECTION 2008
(REQUIRED YARDS AND OTHER REQUIRED OPEN SPACE; DETAILED
LIMITATIONS ON OCCUPANCY) - ADD NEW SUBSECTION 2008-13 NOISE AND
DISTANCE LIMITATIONS: MECHANICAL EQUIPMENT - TO ATTENUATE NOISE
FROM MECHANICAL AND FIRE EQUIPMENT SUCH AS EXHAUST FANS
(Applicant: Planning Department).
(B) REQUEST ADMINISTRATION TO LOOK INTO COMPLAINTS RECEIVED ON
ACCOUNT OF LOUD MUSIC EMANATING FROM SIDEWALK CAFES IN THE
COCONUT GROVE AREA.
--------------------------------------------------------------------------
Vice Mayor Dawkins: Nineteen has been withdrawn.
Commissioner De Yurre: Move 20.
Vice Mayor Dawkins: Twenty has been moved.
Commissioner Alonso: Second.
Vice Mayor Dawkins: Is there a second for 20?
Commissioner Alonso: Yes.
Commissioner Plummer: What is it, 20?
Mr. Fernandez: Twenty.
Commissioner Plummer: Noise ordinance.
147 June 28, 1990
Vice Mayor Dawkins: Yea, ma'am by all means. Any further discussion? Call
the roll.
Commissioner Plummer: Item 20.
Commissioner Alonso: Yes,
AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY
TITLE ONLY.
Vice Mayor Dawkins: Call the roll.
Commissioner Plummer: Wait a minute, let me ask a question. How far does
this thing actually go? In other words, let me give you an example. In the
back of Grand Bay, they have two, what I would call fans for whatever the lack
of the better word is. I want to tell you, if you're sitting on Tigertail,
the noise from those two fans blowing back away from their building is a very
loud noise. Now, it would seem like to me if those fans are for their
benefit, they ought to be making the noise back towards their building rather
than disturbing the residents behind their buildings. Does this take care of
that or not?
Commissioner Alonso: Existing equipment will be affected? No.
Commissioner Plummer: It says mechanical.
Mr. Joe McManus: You're right Commissioner. Twenty deals with the zoning
ordinance and we can't go back in time with the zoning ordinance. However,
PZ-21 is an amendment to the City code, the next item. And what we are saying
is, under the general nuisance provisions, that if you exceed a certain noise
with mechanical equipment, yes, the City would...
Commissioner Plummer: No, that's not what I'm saying. OK, look, that's not
really what I'm saying. What I'm saying is, can we make it so that any noise
created by them, any noise, shall be blown back towards their structure rather
than away from their structure. I think it is totally wrong that the
residents on the back side of Tigertail have to put up with that noise from
that building... so that they can enjoy the benefit of not hearing the noise.
You follow what I'm saying?
Commissioner Alonso: Sure.
Vice Mayor Dawkins: Oh, how great it is to sit here and see things come back
for the second time.
Mr. McManus: .Commissioner...
Vice Mayor Dawkins: When Grand Bay was being built, I objected to the fans, I
was the only lone Commissioner who objected...
Commissioner Plummer: Well I wasn't an expert then on fans.
Vice Mayor Dawkins: ... Which means that Commissioner Plummer voted for them.
Now he is concerned for the poor little residents being bothered by the noise.
It's great to be here to see him come around.
Mr. McManus: Commissioner, on item 21...
Commissioner Plummer: I won't touch that today but I'll get back later.
Mr. McManus: ... if the Inspector goes out and finds that the noise from
those fans exceeds 55 decibels at night, they will get a citation.
Commissioner Plummer: Have you stood on Tiger Tail and had those fans blow
you over? That's not noise.
Vice Mayor Dawkins: But you could go down on...
Commissioner Plummer: It's blowing all of the dirt, it's blowing all of the
traffic noise away from their building. That is wrong. (Applause)
Mr. Rodriguez: Commissioner, if you look on page 4...
148 .Tune 28, 1990
3�
Commissioner Plummer: Who the hell are you? Ah, my ex brother-in-law.
Mr. Rodriguez: If I may, Commissioner. If you look on page 4, of item 20, it
says that no such equipment shall be installed within a certain distance and
air discharge from such equipment shall be directed vertically upward from the
discharge outlet. So, we believe that they world try to take care of that.
Commissioner Plummer: Go home, Abraham. (UNINTELLIBLE) All I'm saying, I'm
asking the question, does this address and correct that issue? If what I
understand, if it's blowing straight up...
Mr. Rodriguez: In commercial districts, right?
Commissioner Plummer: Depends on which way the wind is blowing. I understand
you can't go back and make them change it now, you can't, you know...
Mr. Rodriguez: Right, you understand that. We are trying to correct it for
the future.
Commissioner Plummer: But if they ever want a correction, we got them.
Mr. Rodriguez: If it doesn't work, we'll come back again.
Commissioner Plummer: OK. Does this also address... is this strictly in
relation to construction?
Mr. McManus: Well the item 21, deals with...
Commissioner Plummer: Noise in general?
Mr. McManus: ... construction equipment and mechanical equipment.
Vice Mayor Dawkins: And boom boxes.
Commissioner Plummer: Well, the question I'm asking is, we now have a
competition in the Grove in the cafes on the sidewalks. Who has got the
biggest amplifier? Does this address that or not?
Mr. McManus: No, sir. It deals with construction equipment and mechanical
equipment. If you want the...
Commissioner Plummer: Do we have an ordinance addressing that? I think we
do.
Mr. McManus: There is another section in the noise article which talks about
that. If you want to direct the administration to go back and look at that...
Commissioner Plummer: Is that not a thing that.., refresh my memory... that
says that you shall not be able to hear it at $0 foot distance?
Mr. McManus: I believe it's something like that, Commissioner.
Commissioner Plummer: I want to tell you, you try 300 feet and that cafe with
the cup of coffee on it, they have now come in with a set of amplifiers that
you can hear back over at 7-Eleven. Somebody is not enforcing that ordinance.
And there, you're getting a competition down there, one guy comes in with a
bigger amplifier another guy says, I'm going to outdo him. You better address
it before it gets out of hand. Has 20 been moved?
Commissioner Alonso: Yes.
Commissioner Plummer: Been seconded?
Mr. Fernandez: And read.
Mayor Suarez: Moved and second as to 20. Call the roll.
149 June 28, 1990
AN ORDINANCE -
AN ORDINANCE AMENDING ORDINANCE 9500, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING ARTICLE 20 GENERAL AND SUPPLEMENTARY
REGULATIONS, SECTION 2008 REQUIRED OPEN SPACES;
DETAILED LIMITATIONS ON OCCUPANCY, BY ADDING A NEW
SUBSECTION 2008.13 ENTITLED "NOISE AND DISTANCE
LIMITATIONS: MECHANICAL EQUIPMENT"; 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 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. 10753
40. SECOND READING ORDINANCE: AMEND CODE CHAPTER 36 (NOISE) - ADD NEW
SECTION 36-15 (MECHANICAL AND FIRE EQUIPMENT) - AMEND SECTION 36-13
(CONSTRUCTION EQUIPMENT) (Applicant: Planning Department).
Mayor Suarez: Item PZ-21.
Commissioner De Yurre: Move.
Commissioner Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please read the =
ordinance. Call the roll on the item, PZ-21.
AN ORDINANCE -
AN ORDINANCE RELATING TO NOISE ABATEMENT, AMENDING
CHAPTER 36 OF THE CODE ON THE CITY OF MIAMI, FLORIDA,
BY AMENDING SECTION 36-13, PERTAINING TO CONSTRUCTION
EQUIPMENT; DELETING EXISTING SECTION 36-15 AND
SUBSTITUTING, IN LIEU THEREOF, A NEW SECTION 36-15
ENTITLED "MECHANICAL AND FIRE EQUIPMENT"; CONTAINING A
—�_ REPEALER PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE
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 De Yurre, seconded by Commissioner Plummer, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
150 June 28, 1990
T
{
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. 10754. —
_ The City Attorney read the ordinance into the public record and
announced that copies were available to the members ofthe City Commission and _
— to the public.
41. FIRST READING ORDINANCE (ZONING TEXT AMENDMENT): AMEND 11000, ARTICLE 9
(GENERAL AND SUPPLEMENTARY REGULATIONS, SUBSECTION 907.4 YARD, GENERAL
LIMITATIONS ON OCCUPANCY) - ADD NOISE LIMITATION FOR MECHANICAL AND FIRE
EQUIPMENT TO ATTENUATE NOTICE (Applicant: Planning Department).
Mayor Suarez: PZ-22.
Mr. McManus: PZ-22 is a repeat of PZ-20, only this time it's an ordinance
11000. PZ-20 was ordinance 9500. Other than that, they're identical.
Commissioner De Yurre: Move it.
Mayor Suarez: Moved.
Vice M: >or Dawkins: Second.
Mayor Suarez: Second. Any discussion? If not, please read the ordinance.
Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCEAMENDING 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
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:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
71
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
151 June 28, 1990
yiy
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- - -- - - --------------------------------------- ---
42. `SECOND-� READING- ORDINANCE: AMEND CODE SECTION 4-10 (ALCOHOLIC
_ BEVERAGES) - PROVIDE CLARIFICATION CONCERNING DISTANCE SEPARATION 4_
REQUIREMENTS FOR IDENTICAL AND DISSIMILAR LICENSEES, etc. (Applicant:
Planning Department).
- Mayor Suarez: PZ-23.
Commissioner De Yurre: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Moved and second. Any discussion?
Commissioner Plummer: I would only add one thing. I think the day has got to
_ come where we recognize in our code that there is a big and distinct
difference between a package store and a liquor bar and I would say that I —
would ask eventually that we study and create two codes with different
requirements for each. OK? I think that day has got to come because it is in
my estimation, it is two entirely and distinctly different. Yes, they both have alcoholic beverages but that's where it ends. So, I would ask in the
form of a motion that the department study to the possibility of creating two
distinct classifications and as such, come up with rules and regulations
relating to those two as separate entities rather than combining the both. I
would so move.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Now, has this built in to yours... what you were
about to vote on or you're asking for...
Commissioner Plummer: No, I'm sorry, sir. Maybe I was out of line. I
should...
Commissioner Alonso: Have one.
Mayor Suarez: Yes. And also, I'd like to hear the argument on this before we
begin to separating these. I'm not too sure that I'm ready to vote favorably
on neither one of them.
Commissioner Plummer: Oh, OK. How do you want to handle this?
Mayor Suarez: If you don't mind.
Commissioner Plummer: No, no. You're saying, let's handle 23 first?
Commissioner Alonso: Yes.
Mayor Suarez: Yes, please. Because I'll like to hear the arguments against.
Apparently, there are some.
Commissioner Plummer: OK.
Mr. McManus: PZ-23 was amended by the Commission at the... on the first
reading to reduce the distance requirements between dissimilar establishments
to 750 feet. Dissimilar being, you could have a package liquor store and a
liquor bar as close as 750 feet apart. Currently the requirement is 2500.
That was the amendment last time.
Commissioner Plummer: Well that's even more fortifying what I said before,
but we'll argue that one out. Has this one been moved and seconded?
Mayor Suarez: Yes, it has. We have the vote on this pending but we have, I
don't know, if you're going to speak against.
Commissioner Plummer: No, I'm not speaking against.
152 .tune 28, 1990
X-
Y
i
Mayor Suarez: No, the gentleman. Could we swear in anyone that is going to
testify on this item, Madam City Clerk?
Commissioner Plummer: Is anybody testifying against?
Mayor Suarez: The gentleman over here.
Commissioner Plummer: OK. I'm sorry.
Commissioner Alonso: For 23?
Unidentified Speaker: Yes, ma'am.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.
Mayor Suarez: And anyone favorably too, because he may want to be heard.
Mr. Julio Fernandez: My name is Pastor Julio Fernandez, I am the secretary of
the South Florida Hispanic Ministerial Association. I'd like to read a
statement from the pastors that make up this association. It says the City
Commission has been asked to vote favorably on a matter that will add to the
pain and suffering of those that would most likely take advantage from it, the
_ alcoholic. We, the South Florida Hispanic Ministerial Association are opposed
to a favorable vote by this Commission to amend the City code to allow the
sale of alcohol by package liquor stores on Sundays for the following reasons.
Number 1...
Unidentified Speaker: That's not the item on the agenda.
Commissioner Alonso: This is not the one. This is 24.
Rev. Fernandez: Oh, this is 23?
Commissioner Alonso: Yes.
Rev.. Fernandez: Oh, I'm sorry.
Mayor Suarez: Yes. You might want to hold off the argument that is
explicable to 24. OK, on 23 then, we don't need to hear any further
discussion because apparently, you are in favor and it looks like it's going
your way. So, call the roll on PZ-23.
AN ORDINANCE -
AN ORDINANCE RELATING TO ALCOHOLIC BEVERAGES; AMENDING
SECTION 4-10 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, TO CLARIFY LANGUAGE; TO PROVIDE -
THEREBY THAT DISTANCE SEPARATION REQUIREMENTS FOR
IDENTICAL ALCOHOLIC BEVERAGE LICENSEES BE MEASURED _
SEPARATELY AND DISTINCT FROM THE DISTANCE SEPARATION
REQUIREMENT FOR DISSIMILAR ALCOHOLIC BEVERAGE
LICENSEES; FURTHER BY MODIFYING THE REQUIRED DISTANCE
SEPARATION FOR DISSIMILAR LICENSEES; CONTAINING A
REPEALER PROVISION, SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE.
Passed on its first reading by title at the meeting of May 24, 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
NOES: Mayor Xavier L. Suarez.
ABSENT: None.
153 June 28, 1990
A
•
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10755.
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.
43. FIRST READING ORDINANCE: AMEND CODE SECTION 4-3 - (ALCOHOLIC
BEVERAGES) - ALLOW PACKAGE LIQUOR STORES TO OPEN FOR BUSINESS ON SUNDAYS
DURING CERTAIN HOURS, TO EXTEND SUNDAY HOURS OF OPERATION IN DECEMBER,
TO REMAIN OPEN UNTIL MIDNIGHT ON CHRISTMAS AND NEW YEAR'S EVES - SUBJECT
TO A ONE-YEAR REVIEW (Applicant: Planning Department).
Mayor Suarez: OK. PZ-24 then.
Mr. McManus: Mr. Mayor, members of the Commission. PZ-24 is a proposal that
was put forward to you by CAMACOL and the Planning Department is recommending
it. First of all that package liquor stores be allowed to open on Sundays,
year around. That in the month of December, that they...
Commissioner Plummer: Wait a minute. For what hours? Because it says here,
extended hours.
Commissioner Alonso: Ten until six.
Mr. McManus: Well, it would be the hours till I believe, eight.
Commissioner Alonso: Ten a.m. to six p.m.
Mr. Rodriguez: Between 10:00 a.m. to 6:00 p.m.
Commissioner Plummer: I'm sorry, say it again.
Mr. McManus: Ten a.m. to six p.m.
Commissioner Plummer: On Sundays?
Mr. McManus. Year-round.
Commissioner Plummer: OK.
Mr. McManus: In December, they would be allowed to extend, on Sundays to
10:00 p.m. and then on Christmas Eve and New Year's Eve to Midnight.
Commissioner Plummer: OK. What is the present hours on regular Sundays?
Mr. McManus: They are not allowed to open.
—f
_
Commissioner Plummer: OK. I want to strike a compromise, OK? I will vote
—�
for twelve to six. Most churches are out by noon. It still gives them six
hours of operation on Sunday. OK? Now, that's just one vote speaking.
Commissioner De Yurre: Make it one to seven.
_e
Commissioner Plummer: What?
J
Commissioner De Yurre: One to seven.
Commissioner Plummer: I have no problem with that. It still gives them six
hours. Now, let me tell you why I'm going to vote for this. If we didn't
--
vote for it and we didn't in any way allow it, I would vote for that. But I
cannot sit still and allow people who are doing business in the City of Miami
using the example of Douglas Road to go across the street and purchase and my
merchant has to sit with his doors closed. OK? That is wrong. (APPLAUSE)
All I'm saying is, we're speaking of package stores and the only difference
is, instead of a guy is so inclined and rather than having to buy two bottles
on Saturday night, one for Saturday and Sunday, which he might drink both on
-
Saturday, that he could buy a bottle on Saturday and a bottle on Sunday. I
would not vote for this ordinance favorably if it was to eliminate it in its
a
154 June 28, 1990
s
.i�
entirety but that's not what it's doing nor what it can do because i don't
feel that my merchants should be penalized by doing business in the City of
Miami... And I confer with Commissioner De Yurre and I will agree to the
hours of 1:00 to 7:00.
Mayor Suarez: Reverend.
Vice Mayor Oawkina: That's the same hours they have in the County, isn't it?
Mayor Suarez: Does that coincide with the County's hours?
Commissioner Plummer: I can't answer that, I don't know.
Mayor Suarez: But that would be useful to know, because that would at least
make us uniform, if this passed.
Rev. Fernandez: Our arguments, sir...
Mayor Suarez: OK. While we check that out, go ahead, Rev.
Vice Mayor Dawkins: Find out what the hours... I think it's... so we can have
the same hours in the City as we have in the County.
Rev. Fernandez: We the South Florida Hispanic Ministerial Association are
opposed to a favorable vote by this Commission to amend the City code in order
to allow the sale of alcohol by package liquor stores on Sundays for the
following reasons. Number one because it will provide a family dividing
alternative to those that would otherwise join their loved ones worshiping in
our local churches that are open and helping the public on Sundays. Number
two because it does not take into consideration the opinion of the thousands
of citizens that up to this point have not required alcoholic beverages on
Sundays and will most likely continue to not require alcoholic beverages on
Sundays to have a good time with their friends and families. Number three
because it will deal a severe blow to the image of Miami being a safe City
that everyone, one way or another is working so hard to create. Number four
because alcohol abuse in the family is the number one problem that churches
r are having to address today. The reasons survey conducted by Latin American
Missions amongst churches in Coconut Grove, Little Havana, Key Biscayne and
downtown Miami show that with the exception of Little Havana, where the number
one concern is difficulty with the English language, alcohol and drug abuse is
the number one problem. A favorable vote by this Commission will put a
tremendous burden upon our churches. And number five it is precisely during
their hours where churches of all faiths are open and providing the kind of
spiritual atmosphere that will help our frantic society and will help the
}` alcoholic that this proposed ordinance will come into effect. It seems to us
that the City Commission is being asked to commit spiritual and social self
destruction by voting favorably. The City Commission should provide
- leadership to other municipalities by not amending the City code on this
_ > respect, by not accommodating to pressure from special interest groups that
will like to be able to conduct this particular type of business on Sundays
with little regard to the kind of values that for years have been so valuable
to everyone. It is true that during the past forty years there has been a
relaxation of Sunday blue laws, but it is also true that during the past forty
- years, there has been a deterioration in moral and social values that could
very well be attributed to such relaxation. Let's not send the wrong
messages, Commissioners. Let's help. Let's tell the alcoholic families we are
—¢ public servants and as servants, we are here to help. Thank you very much.
Commissioner Plummer: Reverend, let me say to you. If there was an ordinance
here befc,re us today to close all of the Dade County package stores on Sunday,
I would most likely vote for it. But that's not the case, you are not going
to, by this ordinance deter someone in the City of Miami from crossing over a
boundary line and buying a bottle of alcoholic beverages. That's not being
accomplished nor is it increasing in my estimation. If a man wants to drink,
or a bottle of beer... you see, the problem is this, and it's the way I see
it. We have so many people and I for one, the only time I drink a beer is
when I go fishing. Other than that, I don't drink a beer or a six pack...
don't let Bernie Little hear that. I don't drink a six pack of beer in a
year, but if I go fishing or I go to the beach, I want to buy a six pack of
beer. And if I forgot to do it on Saturday night that means I couldn't have
my bottle of beer. So what I'm saying... no, that's a diet coke.., that's all
I'm saying to you. You know, we're not in any way, in my estimation, denying
155 June 26, 1990
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everybody the right. What we're doing is, we're giving our merchants the some
equal footing that they have in other places.
Vice Mayor Dawkins: Reverend, we agree with you that there is a alcoholic
problem but there again, we are not facing the issue. At 1:00 o'clock every
Sunday, you go in Publix, Winn Dixie, you can buy beer and wine, so we are not
creating the market, we are meeting the demand by perhaps opening up the
legitimate stores instead of having them go to the grocery store. (APPLAUSE)
Rev. Fernandez: The only thing we are doing is asking this Commission not to
_ add to our burden. Alcohol is a tremendous volume in the City of Miami.
Miami has been portrayed lately, as a very bad city. All we are asking to
- this Commission is to help us help those that will benefit. See, the non- _
alcoholic will not go buy anything, on Saturday, Monday or anything, we don't
object to people not you know, conducting their business during the day, but
why change something that has worked so well? - for just you know, making a
few bucks, this is the way that I personally see it, I don't know if the rest
of the pastors who see it as a you know, let's make a few more bucks on
Sundays. But let's help the churches. Move the time to another you know, or
don't move the time at all. Mr. Plummer said that this, the churches are out
by twelve. Eighty-five percent of all churches in Miami, Evangelic churches
and Catholic churches have services at night that begin from three, four, five
p.m. masses and so on, so time wise, churches conducted all day Sunday and not
just in the morning. This is what we're asking.
Mayor Suarez: All I can say, it's a good thing the City Attorney is not =
voting on this because I have an idea what he is thinking. All right,
_ Reverend, we have to swear you in along with anyone else that was not here at
the time. Madam City Clerk, would you please...
Rev. Fernandez: I think I have.
Ms. Hirai: He was sworn.
Mayor Suarez: No, not yourself Anorga. It seems like... You were just
coming...
Rev. Martin. Anorga: I come to support him. I would like to say something,
Mr. Mayor.
Commissioner Plummer: It seems superfluous to have to swear you in, given
your calling in life and given the fact that you're going to give an opinion
and not really a fact, but if you're going to say anything at all other than
your name, we have to swear you in. We figure you're not going to lie as to
your name, you're not going to lie at all but please swear him in.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.
Rev. Anorga: My name is Martin Anorga. The only thing I want to tell to this
group of City officers...
Mayor Suarez: You understand the question, when we say, so help you God,
we're talking about the God of Presbyterians in a particular, so...
Rev. Anorga: OK. That is true, that in all places they open the door to sell -
liquors, but I don't think that we need to follow the bad example. We need to
keep the good example. What we want to protect here is the right of the
Christians to have the Sundays in the way we have before. We don't argue with
the right of power to buy alcoholic beverage, but we want to present our right
as Christians, we want to defend the historical situation of this City from
its foundation. If we want to have a change, we want to change for the
better, not for the worse, in the behalf of this community. (APPLAUSE)
�i Mayor Suarez: Thank you for your statement.
y Commissioner Alonso: We want to include in the records what it has been
handed to me by the City Attorney, it's signed by lots of people and it reads
that, they vote... asking us to vote against any request to further relax the
Sunday blue laws relating to the sale of alcoholic beverages on Sunday.
Mayor Suarez: Mr. City Attorney.
156 June 28, 1990
s
4
Mr. Fernandez: Yes, sir.
Mayor Suarez: You know you weren't going to get away without having to put
something in the record on this one. If we were inclined to not change this,
would we not... to vote against this, would we not have to state into the
record some reasons other than the ones that has been given?
Mr. Fernandez: No. You're not...
Mayor Suarez: What would be the basis... because we are changing an existing
ordinance?
Mr. Fernandez: No. This is not coming to you as an appeal of any Board for
which you would have to give it and establish a record. If you vote...
Mayor Suarez: I'm suggesting constitutional arguments here. There is nothing
in the record that indicates anything related to the public health and welfare
of the citizens of Miami. It's all been so far, religious or just sort of
personal reference.
Commissioner Plummer: What was the question?
Mr. Fernandez: Well, but those would be reasons being advanced for leaving
the status quo and for the leaving the status quo, you don't really
necessarily need to advance any reasons. You would need to advance reasons if
it were the other way around.
Mayor Suarez: Even if it came out of constitutional challenge that we didn't
have the proper reasons at the time that the ordinance was put into effect and
therefore, we didn't have it at the time that...
Mr. Fernandez: Well, that we don't know. We don't know what reasons were
articulated by back then that gave the rise to the ordinance as it passed.
Mayor Suarez: Right. Let me say that, I don't know the vote is going to come
out but that there is a valid argument that can be made that the ordinance has
a validity as stated in terms of the public health and welfare of the
citizens, which is to restrict the amount of hours in which we have to have
the typical police protection and the typical kinds of City protective
services and otherwise that typically are required in connection with the sale
of alcoholic beverages, and it does create all kinds of additional concerns
and impositions on the public welfare from having longer hours of operation
and 'I think that's sort of a self evident. I don't know that we need any
testimony on that. Other than the religious arguments which are interesting
or the fact that we would like to have less people with the disease of
alcoholism if indeed that correlation could be established, because I'm not
sure that it can be because the argument has been advanced that if you don't
buy it on Sunday, you might buy it on Saturday and just sort of stock up on
it, so.
Commissioner Plummer: Just think, if we could put the coke dealers under
hours of operation they would be out of business.
Commissioner Alonso: Could we do this on a trial basis and come back to us
again?
Mr. Rodriguez: There was a recommendation I believe from CAMACOL to try for a
twelve month period. So, it's up to you.
Commissioner Alonso: Six month?
Mr. Rodriguez: It's up to you.
Commissioner Alonso: One year?
Mr. Rodriguez: They mentioned before in the letter that sent to us that they
were interested in seeing whether this could be tried for a one year period.
Commissioner De Yurre: Just make it one year reviewable at the end of the
year, you know, not on a trial basis but just reviewable at the and of the
year.
157
June 20, 1990
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Mr. Rodriguasrs
OK.
t
- Commissioner
Alonso:
I'll be willing to try for six months with the hours as
stated, 1s00
to 7s00.
You might have the votes without mine.
- Mayor Suarez:
Please,
please.
Commissioner
Alonso:
You probably do.—
- Commissioner
Plummer:
Oh, oh. Louis, no, no.
Commissioner
Alonso:
OK, fine. They lost my vote, I'm going to go against
-_ it. Probably you will have the votes anyway.
Commissioner De Yurre: Call the roll.
Mayor Suarez: OK. Do we have a motion and a second, Madam City Clerk?
Ms. Hirais No, air.
Mr. Rodriguez: Point of clarification...
Commissioner Plummer: Let me just say for the record. I'm voting for the
twelve months and let me tell you the reason why. At the end of twelve
months, this is an ordinance, and if there is a problem, three votes of this
Commission can rescind it without any other action. I don't think we need to
bring it back up unless there is a problem. If there is a problem, three
votes of this ordinance, on any ordinance changes it. (APPLAUSE)
Commissioner De Yurre: You got your motion? Seconded by me. You moved it,
right?
Commissioner Plummer: Fine.
Commissioner De Yurre: OK, I second it.
Mr. Rodriguez: What is... the motion is for...
Commissioner Plummer: The motion is for a twelve month period of time.
Mr. Rodriguez: And the hours of?
Vice Mayor Dawkins: It has been properly moved and second...
Commissioner Plummer: Excuse me?
Vice Mayor Dawkins: ... That we do this for a twelve month period and with a
review at the end of twelve months. Any further discussion? Hearing none,
call the roll, Madam Clerk.
Mr. Fernandez: All right, now let me make clear. This is on PZ-24 which is a
first reading ordinance which is being modified on the floor to include as it
is presented to you the concept of review after twelve months.
Vice Mayor Dawkins: Yes.
Ms. Hirai: And the hours, from 1:00 to 7:00?
Commissioner De Yurre: One to seven.
Mr. Fernandez: Yes, and the hours from 1:00 to 7:00 of course.
AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY
TITLE ONLY.
Vice Mayor Dawkins: Call the roll, Madam Clerk.
Commissioner Plummer; Wait, let me ask a question. Let's see how honest...
Vice Mayor Dawkins: Only one.
Commissioner Plummer: One. Mr. City Attorney.
158
June 28, 1990
Vlwl
Mr. Fernandez: Yes, sir. -
Commissioner Plummer: Can we voluntarily take a commitment from all dealers
who exercise this option that they will make a donation of $250.00 to Camillus
House? Let's see how honest and sincere they are. (APPLAUSE) Can we accept _
that as a volunteer covenant?
Mr. Fernandez: You cannot attach any covenants to this type of an ordinance.
Vice Mayor Dawkins: Call the roll, Madam Clerk. It's not legal.
Commissioner Plummer: No, no. What you mean it's not legal?
Mayor Suarez: It would have to be a voluntary tender or gift by the people
affected and otherwise. And I think we have one about to make the
contribution.
Unidentified Speaker: I think I speak on behalf of...
Commissioner Plummer: You better be sworn in first.
Mayor Suarez: You better swear him in because...
Commissioner Plummer: I know this man and I don't trust him, so...
Mr. Fernandez: Perhaps, Mr. Plummer, the way...
Unidentified Speaker: Must be the family name.
AT THIS POINT '1HE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.
Commissioner Plummer: OK. Hold on. Let me tell you how it's legal, I just
found out.
Vice Mayor Dawkins: OK.
Commissioner Plummer: And if I find one distributor seller who objects,
you're going to lose my vote. You are now agreeing to raising the license fee
by $250.00. Uh?
Vice Mayor Dawkins: To operate on Sundays.
Commissioner Plummer: What?
Mr. Mc Manus: City license.
Commissioner Plummer: City license. OK? You agree to that? Can that money
be diverted to Camillus House?
Vice Mayor Dawkins: No.
Unidentified Speaker: For our drug rehab program and our alcohol rehab
program?
Commissioner Plummer: Fine, I don't care what you use it for. I think it's a
great idea. You all agree to that?
Unidentified Speaker: Commissioner...
Commissioner Plummer: Sir.
— Unidentified Speaker: ... I think that if you are... let us... in my case for
example, I agree with it totally. I'm pretty sure that most of the liquor
owners present here today are, go along with it. Now, we cannot speak for the
ones that are not present. I, myself am more than happy to donate $250.00 to
Camillus House. I think that this is something that has just come up...
Commissioner Plummer: Well, can't you write the ordinance that if they wish
to extend their hours it's a special classification?
159 June 28, 1990
•
Vic* Mayor Dawkins: No, wait a minute. Those who are desirous of opening on
Sunday, will buy the two fifty license. Those who are not desirous of opening
on Sunday will not buy it.
Unidentified Speaker: That's it.
Unidentified Speaker: I think that's fair, I think that's very fair.
Mr. Rodriguez: Can we bring that, Commissioner...
Commissioner Plummer: But now, wait a minute. Can that not be put... that
money be put into a special fund so that it can go to the Camillus House?
Mr. Fernandez: Perhaps, it can. We would like for you to give us an
opportunity to research and draft it properly and bring it to you...
Commissioner Plummer: Between this reading and the next. That's fine.
Mr. Fernandez -...as a separate item.
Commissioner Plummer: That's fine.
Mayor Suarez: Yes, as to how the money would be used. OK, with that, we have
a motion and a second, do we Madam City Clerk?
Ms. Hirai: Yes, we do.
Mayor Suarez: With that proviso?
Commissioner Plummer: And if you raise the price of my wine...
Mayor Suarez: We have a motion and a second. Any discussion?...
Vice Mayor Dawkins: I thought you were drinking beer, now you're drinking
wine.
Commissioner Plummer: ... No, wine I drink, beer, I don't.
Mayor Suarez: ... Read the ordinance, please..
Unidentified Speaker: Never on Sunday.
Vice Mayor Dawkins: You read the ordinance, didn't you?
Mr. Fernandez: No, I... Yes, I did read it.
Mayor Suarez: OK, with the amendment then. Call the roll.
Mr. Fernandez: No, this last amendment is subject to a separate ordinance
that would be brought to you later time.
Mayor Suarez: All right. Call the roll, then.
AN ORDINANCE ENTITLED -
AN ORDINANCERELATING TO ALCOHOLIC BEVERAGES; AMENDING
SECTION 4-3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
TO ALLOW PACKAGE LIQUOR STORES TO OPEN FOR BUSINESS ON
SUNDAYS DURING CERTAIN HOURS FOR A PERIOD OF 12 MONTHS
TO BE REVIEWED AT THE END OF THAT TIME; TO EXTEND
THEIR HOURS OF OPERATION ON SUNDAYS IN DECEMBER; TO
REMAIN OPEN ON CHRISTMAS EVE AND NEW YEAR'S EVE UNTIL
MIDNIGHT; FURTHER, BY CLARIFYING SECTIONS 4-9, 4-10,
4-11, 4-12, AND 4-13; CONTAINING A REPEALER PROVISION,
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
Was introduced by Commisuioner Plummer and seconded by Commissioner De
Yurre and was passed on its first reading by title by the following vote:
160 June 20, 1990
AYES- Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
HORS: Commissioner Miriam Alonso
Mayor Xavier L. Suarez
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
1.
COMMENTS MADE AFTER ROLL CALL:
Commissioner Plummer: That was a cliff-hanger.
-------------------------- ----- -----------------------------------------------
44. (A)
FIRST READING ORDINANCE (ZONING TEXT AMENDMENT): AMEND 11000 -
MAKE COMPREHENSIVE AND NON -SUBSTANTIAL CHANGES - CONTAIN _
AUTHORITY, INTENT AND PURPOSE - REGULATE LAND, WATER AND
STRUCTURES, USES AND OCCUPANCIES, HEIGHT, BULK, DENSITY, LOT =_
COVERAGE, LOT AREA PER DWELLING UNIT, PARKING AND SIGNS -
PROVIDE FOR OFFICIAL ZONING ATLAS AND SCHEDULE AND DISTRICT
REGULATIONS, ZONING, AND PLANNED DEVELOPMENT OVERLAY DISTRICTS,
SPECIAL PERMITS, SPECIAL EXCEPTIONS, APPEALS, etc. (Applicant:
Planning Department).
(B) DIRECT CITY ATTORNEY TO DRAW UP LEGISLATION REGARDING REGULATION
OF POLITICAL SIGNS.
------------------------------------------------------------------------------
Mayor Suarez: Item 25. Is that related?
Mr. Olmedillo: Twenty-five is a cleanup of ordinance 11000. To our
knowledge, we have met with the community, we have met with the development
community, with the neighborhood groups and we think that we have brought to
you, only those changes which are necessary legal language, and some are minor
changes that are necessary to introduce into the ordinance. We promised to
come back to you in three months so that we will do this cleanup, if you have
any questions about any particular issues.
Mayor Suarez: All right, we are on twenty-five, we're trying to get something
intelligible here.
Mr. Olmedillo: Yes, this is the cleanup of 11000, zoning ordinance 11000 and
we promised to come back in three years to do a cleanup. We •gent through some
legal review by the law department and some language...
Mayor Suarez: OK. Does anyone here waiting to be heard on PZ-25?
Commissioner Plummer: Question.
Mr. Olmedillo: Yes, sir.
Commissioner Plummer: Commissioner De Yurre, and Commissioner Dawkins and I
screamed and hollered at the administration about political signs. Our
screaming has produced more of them rather than less.
Mayor Suarez: Judicial races.
Commissioner Plummer: Has this ordinance here in any way, shape or form
addressed the problem?
Mayor Suarez: Wait a minute for a second, J.L. Please clear the chambers.
Have the arguments on alcoholic beverages outside. Celebrations without
alcoholic beverages, outside.
Commissioner Plummer: Officer, will you ask all of the "borrachos" to get
out?
0
161 June 28, 1990
Mayor Stuarezt I have an idea. I don't know whether it's in line with what
you're asking about here,•but allot of those new signs out there are judicial
signs, aren't they?
Commissioner Alonso: Sure.
Mayor Suarez: And if we sent a circular letter to the judicial qualification
commission or to the ethics commission or something, I have a feeling they
would be removed so quickly, you wouldn't even...
Commissioner Plummer: Well, let me ask this question.
Mayor Suarez: It wouldn't cost us anything.
Commissioner Plummer: If a sign even on private property is illegal, are you
telling me you can't go take it down?
Mr. Rodriguez: We cannot take it down.
Commissioner Plummer: How long does it take you to impose a $250.00 fine?
Mr. Rodriguez: Let me tell you what is the process.
Commissioner Plummer: No, don't tell me the process because whatever it is,
it ain't worth it. Whatever the process is right now, you are multiplying
many -fold the political signs in this town. You know, it's amazing.
Mayor Suarez: Could we, right off the bat... do you have any problem with the
staff, with the City administration sending a letter to the appropriate entity
in the case of judges, you're going to see how quickly they remove their
signs.
Mr. Rodriguez: We have sent that in all cases already.
Mayor Suarez: To?
Mr. Rodriguez: All the candidates that we have found signs.
Mayor Suarez: That's not what I'm saying. Why do you not listen to me?
Mr. Rodriguez: You say in the case of judges candidates?
Mayor Suarez: To the appropriate, regulatory body in a case of judges.
You'll see how quickly they come down if you send it to them, I think it's a
judicial qualification commission. Thank you counselors. Could you please do
it since the City Manager is looking at other aspects of all this other than
my suggestion.
Mr. Rodriguez: I didn't understand you, sir.
Mayor Suarez: Would you please make sure that the letter comes the City
Attorney's office and it is directed to that body that regulates judges,
you'll see how quickly those come down. Now, as to the other ones...
Mr. Fernandez: Would you instruct me to do that by a motion, please, so that
I can have?
Commissioner Plummer: Chicken.
Vice Mayor Dawkins: So moved.
Mayor Suarez: Moved and seconded. Call the roll.
The following resolution was introduced by Vice Mayor Dawkins, who moved
its adoption:
RESOLUTION NO. 90-482
A RESOLUTION DIRECTING THE CITY ATTORNEY TO WRITE TO
REGULATORY BODIES OVERSEEING JUDICIAL CANDIDATES AND
THEIR ELECTION WITH REGARD TO THE PLACEMENT AND
REMOVAL OF POLITICAL SIGNS.
(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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: Because that's going to be the big problem we have this year.
Vice Mayor Dawkins: And I don't blame you folks, protecting your job when you
leave here. Don't let us make, let you make nobody angry with you, so they
won't hire you.
Commissioner Plummer: OK. Can we take out an ad in the newspaper, as much as
I hate to spend money with the "Miami Herald," and say the following
candidates are violating the laws of the City of Miami?
Mr. Fernandez: No. I would advise against that.
Commissioner Plummer: Excuse me? Can we do that?
Mr. Fernandez: The question is not whether you could, the question is whether
you should.
Commissioner Plummer: I didn't ask you that.
Mr. Fernandez: Well, then I won't answer.
Commissioner Plummer: You're a lawyer, not for moral purposes. Can we take
out an ad in a very prominent daily...
Mayor Suarez: In which sense, prominent?
Commissioner Plummer: What?
Mayor Suarez: In which sense, prominent?... Like popular or you mean well
read, or what you mean?
Commissioner Plummer: No, I mean, you know...
Commissioner Alonso: Front page, local news.
Commissioner Plummer: ... you know "Liberta" or... What are we going to do to
control these damn signs? - we are not doing it.
Mr. Rodriguez: May I...
Commissioner Plummer: Can you what?
Mr, Rodriguez: ... try to answer the question.
Commissioner Plummer: Yes.
163 June 28, 1940
F-
77
Mt. Rodriguez: OK. The signs that we have, most of them are illegal, as you -
know already.
Commissioner Plummer: They are all illegal.
Mr. Rodriguez: They...
Commissioner Plummer: They have to take out a permit, right?
Mr. Rodriguez: They haven't taken out a permit, they actually cannot put a
sign until so many days before they qualify and what happen is this, by the
time we take them to the Code Enforcement Board, the time has already lapsed
and we cannot put a fine on it.
Commissioner Plummer: How many fines have you collected?
Mr. Rodriguez: We have sent notes to each one of them, we haven't collected
any fines because it had to go to the Code Enforcement Board.
Mayor Suarez: There would probably a direct way to collect from their
campaign account... as City Clerk, saying that we're going to assess your
campaign account.
Mr. Rodriguez: By the time you schedule this before the Code Enforcement
Board, it would be too late.
Commissioner Plummer: Can we attach their campaign accounts?
Mr. Fernandez: Yes, but you would be able to do that if the file with your
City Clerk and you pass your...
Commissioner Plummer: No, no.
Commissioner Plummer: No, that City Clerk..
Commissioner Plummer: They have not taken out a permit. They are required to
take out a permit, correct?
Mr. Rodriguez: They are required to take out a permit if they are of a
certain size.
Commissioner Plummer: All right, and how much is that permit fee? for a 4 x 8
political sign?
Mr. Joe Genuardi: About $50.00.
Commissioner Plummer: Fifty dollars. Cannot we file a small claims against
their campaign accounts for that amount of money?
Mr. Rodriguez: First, you have to...
Mayor Suarez: Make up a little notice and say, we have just filed a claim of
lien against your campaign account and give it legal, Mr. City Attorney and go
to it.
Mr. Fernandez: No, you have to afford them due process. They have to be
notified, we have to give them the time that otherwise we have already in the
books established for any other violation.
Mayor Suarez: But he said, they had been notified.
Mr. Rodriguez: We have to notify them, they have to give time to take care of
that.
164
June
28,
1990
We have been doing it, then they have to go to the Code Enforcement Board.
The Code Enforcement Board has to give them either some time to take care of
it or a fine. And that's what we are...
Commissioner Plummer: Why can't we go out in the middle of the night and tear
them down like they do in the middle of the night putting them up?
Mr. Fernandez: Now, you're talking about public property. If they put it on
the public right of way, you can it during daybreak, at 12:00 noon. The
problem is you going or any City employee going into private property...
Commissioner Plummer: Until you take the first one to court and establish
that we mean business, they're laughing at you.
Mayor Suarez: Would you please check to see if there's a more creative way to
do this than the traditional way that you've been following, including the
possibility of attaching or having exerting a claim against the campaign
account. I know that would get them to react. And, of course, you're going
to do the other one too for the judges. I know that's going to get them to
take them down. All right, anything further?
Commissioner Plummer: Well, I'm assuming - what is that Ethics Commission?
Why wouldn't you file with the Ethics Commission all of the candidates?
Mayor Suarez: Well, the Ethics Commission has not traditionally had had a lot
of teeth and I don't even know if they have jurisdiction over this, but you...
Commissioner Plummer: Ask Ferre, he knows that they have teeth.
Mayor Suarez: But the judicial qualifications commissions for judges does.
Commissioner Plummer: OK, I'm saying, send the same letter to the Ethics
Commission that according to the City Code...
Mayor Suarez: That's not a bad idea.
Commissioner Plummer: ...they are violating the law.
Mr. Fernandez: And also to the Elections Division
Commissioner Plummer: It only cost Ferre $140,000. That's pretty good teeth.
Mayor Suarez: I think it was seventy, but...
Commissioner Plummer: No, when he appealed, they doubled it.
Mayor Suarez: Yes. It started off at thirty-five.
Commissioner Plummer: That's what we ought to do around here.
Mayor Suarez: Remember, I know that story pretty well. Started off at
thirty-five, doubled it to seventy... All right, anyhow. You were probably
hoping that they would quadruple it.
Commissioner Plummer: Why not?
Mayor Suarez: Anything further on this ordinance? Do we have a motion and a
second?
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Mr. Rodriguez: That's not what we were discussing, sorry. We were on PZ-25
and we had finished our presentation and then Commissioner Plummer started
discussing something else and so we're back on PZ-25.
Mayor Suarez: OK, but we're back on 25. That happens here every so often.
The old tangent.
Commissioner Plummer: What is the next figure besides five percent reduction?
165 June 28, 1990
Mayor Suare;: All right, back on twenty...
Commissioner Alonso: Ten. -
Mayor Suarez: Are we on 257
Commissioner Plummer: We got ten percent, his car, what could we go for next?
Commissioner Alonso: One day in a week.
�3
Mayor Suarez: No, we don't want to take care of his kids. Are we on 25?
Mr. Olmedillo: Yes, air, we're on 25.
Mayor Suarez: OK, now...
Commissioner Alonso: One day a year is not a bad idea.
Mayor Suarez: What are we expecting to hear on 25 here? I see Tony O'Donnell
up at the mike. Have we not gone through all of the different nuances of this
before?
Mr. Tony O'Donnell: Mr. Mayor...
Mayor Suarez: This is a cleanup ordinance I was told, but...
Mr. O'Donnell: That's correct, Mr. Mayor.
Mayor Suarez: Do you want to do further cleanup? I just want to make sure
because I want to get you sworn in and see if anybody else is going to testify
on PZ-25.
Mr. O'Donnell: Yes, I just have some brief comments that I've already made.
Mayor Suarez: OK, on PZ-25, anyone that expects to be heard, raise your right
hand and be sworn in, please.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.
Mayor Suarez: And if there's anything you could expedite as they tell us what
their concerns are, please do so and interrupt so... or do you have it all
..
resolved?
Mr. Olmedillo: We have just received correspondence from Tony O'Donnell
pointing out some uses within the governmental institutional use. I think we
can sit down with his client or himself and try to work these things out
between first and second reading. Remember, this is first reading and there's
—�'
also...
Mayor Suarez: Do you want to try for that, Tony?
Mr. Olmedillo: There's also...
Mr. O'Donnell: That 'a fine. I just want on the record that what we're
='
requesting is that several of the principal permitted uses which would
automatically be permitted, for instance, at an elementary school site, could
.',
suddenly become a hospital if it was ever sold by the school board without any
public hearing review. That those principal permitted uses in your proposed
ordinance be placed in permitted uses by special exception only to ensure a
_
public hearing before we get mausoleums, cemeteries, hospitals, within our
residential districts, because this GI zoning is throughout the...
—
Mayor Suarez: That sounds very much like what we would want to do. Sergeant,
would you please tell the people that are back there if they want to have a
public hearing on some other matters other than what we're considering, to
please go outside.
Mr. O'Donnell: So we would be - and I think Mr. Olmedillo and also the Legal
Department has agreed that that would be a good idea. That I just wanted to
166 June 20, 1990
make sure that the Commission was in line with that on first reading so we
could proceed to do that.
Mayor Suarers It's a good idea to put it in the record, Tony. And it's the
kind of thing...
Commissioner Plummers You're not saying it's a permitted use.
Mr. O'bonnells It is now going - they're trying to make it a permitted use.
I'm trying to give a public hearing protection for the residential...
Commissioner Plummer: That you would allow a school to become a hospital?
Mr. Olmedillo: Remember, the zoning district has different uses. Within
those uses are —within the governmental institutional use, are contained all
governmental and institutional use. What Tony O'Donnell is arguing...
Commissioner Plummer: Whoa, whoa, whoat Now, all hospitals are not
governmental, nor are all schools.
Mr. Olmedillo: But they're institutional.
Commissioner Plummer: No, no. Excuse me. Institutional is different than
government. It is my understanding, correct me if I'm wrong, that the school
board can go into any district and establish a school. Is that correct?
Mr. Olmedillo: I'd like the Law Department to...
Commissioner Plummer: They circumvent our zoning as does the post office.
Mr. Rodriguez: State laws, yes. Right.
Commissioner Plummer: OK? Now, are you telling me that we're going to give
the same right to a private hospital that they can sell a school to a private
hospital in a residential area? I'm not going for that.
Mr. Olmedillo: No, the argument that Tony O'Donnell is making that today, if
you have a piece of property which is zoned GI, government institutional...
Commissioner Plummer : That's not what he said. He said that...
Mr. Olmedillo: If I may...
Commissioner Plummer: ...you could take a school, a public school...
Mr. O'Donnell: That was just an example, Commissioner Plummer.
Commissioner Plummer: Well, that's the example I'm using.
Mr. O'Donnell: Right. And the point is, and I think what Guillermo is
agreeing to here is that it's too wide open and that we need to put that - all
those uses that could be offensive into a special exception category so that
it comes to public hearing so the Zoning Board hears it and ultimately, the
Commission hears it if there's opposition.
Commissioner Plummer: You bet your bippy.
Mr. O'Donnell: And I think that the Commission would agree to that and that's
what my letter is about and that's what we're just trying to get on the record
today so it will be in the second reading of the ordinance.
Commissioner Plummer: You bat your bippy. I agree to that also. I'll move
it as presented with the full understanding of possible revisions in the
second reading.
Vice Mayor Dawkins: Is there a second?
Commissioner Alonso: Yes, I second.
Vice Mayor Dawkins: It's been properly moved and seconded. Any further
discussion?
Mr. Fernandez: So, on first reading, an ordinance relating to land use with
a...
Mr. Rodriguez: I believe there are other people that want to discuss all the
items. Maybe you want to move specifically this change.
Commissioner Plummer: Jeff, have you got any other...
Vice Mayor Dawkins: Who else wants... there are others who want to be heard?
Jeff Bercow, Esq.: Yes, sir.
Vice Mayor Dawkins: Go right ahead, Mr. Bercow.
Commissioner Plummer: You understand what we're doing? That you can get
together with them between the first and second hearing?
Mr. Bercow: I'm not here on the same issue that Tony's on. But I am here on —
this agenda item. —
Commissioner Plummer: It can't be incorporated between the first and second
hearing?
Mr. Bercow: Yas, it can. So, I'd like to get it on the record as to what our
concerns are. For the record, I'm Jeff Bercow, attorney with the law firm of
Steel, Hector & Davis.
Commissioner Plummer: Swear him in.
Mr. Bercow: I swore. Two hundred South Biscayne Boulevard. I'm here to day
representing Miami -Dade Community College. We're concerned that the new
zoning code would substantially inhibit the college's ability to continue to
provide educational programs and facilities in the same way that it has been
providing those programs and facilities over the past many number of years.
The new code, as presently drafted, does not allow colleges in most of the
zoning districts in which they now operate. In fact, it prohibits educational
facilities in all zoning districts except for the newly created government and
institutional district. On the other hand, ordinance 9500 basically said that
in residential districts, you must go to public hearing to put in an
educational facility or an educational program and in non-residential
districts, these facilities were permitted. We would like to maintain that
distinction in this zoning code. It's not in the zoning code. Staff has made
a number of changes in this new draft which moves towards that. We are
willing to propose some changes to staff between first and second reading
which would essentially develop a strict set of standards for schools in the
R-3, R-k, and office districts. These rules would protect the neighborhood,
ensure the compatibility of uses. Schools that meet those standards would be
permitted. Schools that don't meet those standards would have to go to public
hearing. And I think that we can work something out between our client and
staff between first and second reading on that issue.
Vice Mayor Dawkins: Anyone else? Anyone else wishes to be heard on this
item?
Mr. Rodriguez: We do not have a full agreement with them on this but I think
we can come up with language that will present our position and their position
and you can make a decision on the second reading if you want to.
Vice Mayor Dawkins: Thank you.
Ms. Graciela Valansategui de Garrido: I have a quickie. Graciela
Valansategui de Garrido, 3620 S.W. 20th Street, I'm speaking on behalf of the
Miami Homeowners Coalition. I have a very swift thing to say and that is, I
want to thank Guillermo Olmedillo and Katie Carlson from the Planning
Department and commend them on being extremely patient, understanding, and
instructive while we went over 9500 and 11,000. They gave us a lot of help.
Thank you.
Commissioner Plummer: Cut them by ten percent,
Vice Mayor Dawkins: Any further discussion? No one, hearing no... call the
roll, Madam. Call the roll, Madam Clerk.
1
0
AN ORDINANCE ENTITLED -
AN ORDINANCE,WITH ATTACHMENTS, RELATING TO LAND USE,
AMENDING ORDINANCE NO. 11000, THE NEW ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA (EFFECTIVE SEPTEMBER 4,
1990), BY MAKING COMPREHENSIVE LANGUAGE CHANGES, AND
NON -SUBSTANTIAL CHANGES TO ARTICLES THEREIN WHICH:
CONTAIN AUTHORITY, AND INTENT AND PURPOSE; REGULATE
LAND, WATER AND STRUCTURES, USES AND OCCUPANCIES,
HEIGHT AND BULK, DENSITY, LOT COVERAGE, LOT AREA PER
DWELLING UNIT, PARKING AND SIGNS; PROVIDE FOR OFFICIAL
ZONING ATLAS AND OFFICIAL SCHEDULE OF DISTRICT
REGULATIONS, ZONING DISTRICTS, PLANNED DEVELOPMENT
OVERLAY DISTRICTS, SPECIAL DISTRICTS; PROVIDE GENERAL
AND SUPPLEMENTARY REGULATIONS; PROVIDE FOR: NON -
CONFORMITIES; FUNCTIONS AND RESPONSIBILITIES OF
COMMISSION, OFFICERS, AND BOARDS; SPECIAL PERMITS;
SPECIAL EXCEPTIONS; MAJOR USE SPECIAL PERMITS;
APPEALS FROM DECISIONS OF ZONING ADMINISTRATOR AND
DIRECTOR OF PLANNING; APPEALS FOR VARIANCES; AND
PROVIDE DEFINITIONS; CONTAINING A REPEALER PROVISION,
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Alonso and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
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.
------------------------------------------------------------------------------
45. FIRST READING ORDINANCE: AMEND 10544 (MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN 1989-2000) - AMEND GOALS, OBJECTIVES AND POLICIES OF ELEMENTS
PERTAINING TO FUTURE OBJECTIVES AND POLICIES OF ELEMENTS PERTAINING TO
FUTURE LAND USE, INTERPRETATION OF MAPS, HOUSING, SEWERS, NATURAL
GROUNDWATER AQUIFER RECHARGE, POTABLE WATER, SOLID WASTE COLLECTION,
TRANSPORTATION, PORTS, AVIATION FACILITIES, PARKS, COASTAL MANAGEMENT,
NATURAL RESOURCE CONSERVATION, ETC. (Applicant: Planning Department).
---------------------------------------------------------------------------
Vice Mayor Dawkins: Twenty-six.
Mr. Guillermo Olmedillo: Item 26 and 27 are really companion items. As we
produce the comprehensive plan that you approved in 189, in a way we have
grown wiser and what we're providing to you is language that will allow us
more discretion as a City, as a municipality. And the language changes will
allow us to make interpretations and be clearer as to some boundaries that we
have within the City and you will see that under item 27, you have in the
package all those changes that are necessary to make the comp plan, the future
land use map clearer so that there is no error in the interpretation or there
is more tools to make interpretations with. So, it's a lot easier, so 26 is
basically language changes that we're making so that the City has more
discretion as to what to do within the comprehensive plan. And 27 applies to
the geographical changes that are necessary so that this clearer vision of the
plan of the future land use map, is there.
Commissioner Alonso: OK, I move.
Vice Mayor Dawkins: Any further discussion? Call the roll.
169 June 28, 1990
Commissioner Plummer: That's 27, right?
Mr. Fernandez: Yes.
Vice Mayor Dawkins: Call the roll.
Mr. Fernandez: No, that was 26, 26.
AN ORDINANCE ENTITLED -
AN ORDINANCE RELATING TO LAND USE, WITH ATTACHMENT(S),
AMENDING ORDINANCE NO. 10544, THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1989-2000, BY AMENDING THE GOALS,
OBJECTIVES AND POLICIES OF THOSE ELEMENTS PERTAINING
TO: FUTURE LAND USE; INTERPRETATION OF FUTURE LAND USE
MAPS; HOUSING; SANITARY AND STORM SEWERS; NATURAL
GROUNDWATER AQUIFER RECHARGE; POTABLE WATER; SOLID
WASTE COLLECTION; TRANSPORTATION; PORTS, AVIATION AND
RELATED FACILITIES; PARKS, RECREATION; AND OPEN SPACE;
COASTAL MANAGEMENT; NATURAL RESOURCE CONSERVATION; AND
CAPITAL IMPROVEMENTS AND INTERGOVERNMENTAL
COORDINATION, BY MAKING SUBSTANTIVE ADDITIONS AND
DELETIONS; MAKING TECHNICAL AND PERFECTING CHANGES;
UPDATING DOLLAR AMOUNTS AND TIME FRAMES; DIRECTING THE
CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO
AFFECTED AGENCIES; AND PROVIDING A REPEALER PROVISION,
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
Was introduced by Commissioner Alonso and seconded by Commissioner De
Yurre and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
NOES: None.
ABSENT: Commissioner Miriam Alonso.
Mayor Xavier L. Suarez
(Note: Although absent at the time of roll call, Mayor Suarez requested of
the Clerk to be shown as voting with the motion.)
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.
46. FIRST READING ORDINANCE: AMEND 10544 (MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN 1989-2000, FUTURE LAND USE PLAN MAP) - CHANGE LAND USE DESIGNATIONS
AFFECTING APPROXIMATELY 5 PERCENT OF TOTAL LAND AREA (Applicant:
Planning Department).
Vice Mayor Dawkins: Twenty-seven.
Commissioner Plummer: Move it.
Commissioner De Yurre: Second.
Vice Mayor Dawkins: Read the ordinance, please.
Mayor Suarez: Call the roll on PZ-27.
170
June 28, 1490
Nq
i"
AN ORDINANCE ENTITLED -
AN ORDINANCE RELATING TO LAND USE, WITH ATTACHMENT(S),
AMENDING ORDINANCE 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FUTURE LAND
USE PLAN MPA, BY CHANGING LAND USE DESIGNATIONS, WHICH
AFFECT APPROXIMATELY FIVE PERCENT OF THE TOTAL LAND
AREA OF THE CITY; SAID CHANGES BEING MORE PARTICULARLY
DESCRIBED HEREIN; BY MAKING FINDINGS; BY AMENDING SAID
PLAN MAP ACCORDINGLY; DIRECTING THE CITY CLERK TO
TRANSMIT A COPY OF THIS ORDINANCE TO AFFECTED
AGENCIES; AND CONTAINING A REPEALER PROVISION,
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Commissioner De
Yurre and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
NOTE: At this point, the City Commission temporarily
defers consideration of Planning and Zoning agenda
items to consider regular non -agenda items.
------------------------------------------------------------------------------
47. GRANT REQUEST FOR USE FEE WAIVER AT MARINE STADIUM AND MOBILE PRESS
TRAILER CONCERNING 1990 U.S. ROWING CHAMPIONSHIPS - GRANT IN -KIND
SERVICES FROM POLICE, FIRE AND SOLID WASTE.
i
_-------------_-------------------------------------------------- --
Mayor Suarez: PZ-28.
Mr. Jorge Fernandez: Withdrawn.
Commissioner Plummer: Withdrawn.
Mr. Sergio Rodriguez: Withdrawn. Was supposed to be heard at 6:00 p.m., but
I guess no problem with that.
Commissioner Plummer: OK. Twenty-nine.
Mr. Rodriguez: Six p.m.
Mr. Guillermo Olmedillo: Six p.m., sir.
Commissioner Plummer: Six p.m. also.
Vice Mayor Dawkins: You got three minutes. You got to wait for three
minutes.
Commissioner Plummer: Can I do these items I need to do?
Mayor Suarez: Go ahead, Commissioner.
171 June 28, 1990
%.0MMXss�ioner P1uRuner: First of ail...
THEREUPON, COMMISSIONER PLUMMER READ RESOLUTION 90-483 INTO THE PUBLIC RECORD,
BY TITLE ONLY.
Commissioner Plummer: Just for your edification, this is the first year the
world championships are proposed to be held here in 1991. Mr. Mayor, I so
move.
Mayor Suarez: So moved.
Mr. Jorge Fernandez: Rowing, right?
Commissioner Plummer: Yes.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. And almost thirded. Any discussion on that? If
not, please call the roll.
Commissioner Plummer: Yes, I got that here.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-483
A RESOLUTION CONCERNING THE 1990 U.S. ROWING MASTERS
NATIONAL CHAMPIONSHIPS TO BE CONDUCTED AT THE MARINE
STADIUM ON AUGUST 17-19, 1990, THEREBY WAIVING THE
COSTS OF THE USE OF THE MARINE STADIUM AND MOBILE
PRESS TRAILER; AUTHORIZING THE PROVISION OF IN -KIND
SERVICES FROM THE DEPARTMENTS OF POLICE, FIRE, RESCUE
AND INSPECTION SERVICES, SOLID WASTE AND GENERAL
SERVICES ADMINISTRATION IN CONNECTION WITH SAID EVENT.
(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.
ABSENT: None.
48. ALLOW FIREWORKS DISPLAY FOR COMMODORES AMERICAN BIRTHDAY BASH AT BAYSIDE
MARKETPLACE.
THEREUPON, COMMISSIONER PLUMMER READ RESOLUTION 90-484 INTO THE PUBLIC RECORD,
BY TITLE ONLY.
Commissioner Plummer: I so move.
Mayor Suarez: So moved.
Commissioner Alonso: Second. That's a lot of noise.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
172
0
Juno 26, 1990
a
• Y
The following resolution was introduced by Commissioner Plummer, who
= moved its adoption:
RESOLUTION NO. 90-484
A RESOLUTION RELAXING THE LIMITATIONS OF THE DISPLAY
OF FIREWORKS TO ALLOW THE STAGING OF PYROTECHNIC
DISPLAYS FOR AMERICAN'S BIRTHDAY BASH AT THE BAYSIDE
MARKET PLACE IN DOWNTOWN MIAMI UNTIL 12:00 MIDNIGHT ON
JULY 3RD, 1990, SUBJECT TO THE ISSUANCE OF A PERMIT BY
THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION 'w
SERVICES; CONDITIONED UPON THE ORGANIZERS INSURING THE
CITY AGAINST ANY POTENTIAL LIABILITY.
(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.
ABSENT: None.
49. AUTHORIZE ADMINISTRATION AS FOLLOWS CONCERNING CITY -STAGED CELEBRATION
= OF FOURTH OF JULY EVENT: (A) RESTRICT PEDDLERS FROM BAYFRONT PARK, AND
(B) AUTHORIZE $14,500 TO SOIL AND SOD SOUTH END OF BAYFRONT PARK
(SUBJECT TO AVAILABILITY OF FUNDS).
------------------------------------------------------------------------------
Commissioner Plummer: I move a resolution as normal resolution to be worded
by the City Attorney restricting the peddlers from Bayfront Park on July the
4th, 1990 in which the City is staging the event for the 4th of July. I so
move. That's that three block restriction of peddlers ordinance.
Mayor Suarez: So moved.
Vice Mayor Dawkins: Second.
Mayor Suarez: Seconded. Commissioners, in connection with that, and not
directly related, but as long as we've brought it up, Commissioner Plummer had
asked about the kind of celebration we should have and it struck me as
important for this park that more perhaps even better than spending a lot of
money on fireworks or anything else, that we should try to give a facelift to
the park by resodding and completing some of the work there. The problem is,
apparently, Mr. Assistant City Manager, that it will cost some money and I
don't know what approvals you may need from the Commission on that. If,
indeed, everybody would agree that it would be nice to at least give the park
a completed look even though some people think that we have to complete it
exactly the way it was designed by Mr. Noguchi, may he rest in peace. Well, I
don't agree with that and we haven't made that decision yet. RIP.
Commissioner Plummer: What's happening?
Mayor Suarez: I was just building in a little rider here to your motion to
try to give some indication to the Manager as to the resodding of the park and
if they have any est.1mates on what would be a minimum amount to spend there or
maximum amount to spend. May give it a completed look.
Commissioner Plummer: Mr. Mayor, very simply, if it is done in house, the
estimate cost is approximately $10,000. If it is done by outside, I think it
jumps up to something like $42,000.
173 June 28, 1990
Mayor Suarez: I guess too that, J.L., we ought to state for those that may
not know it, that one of the problems is that ultimately, everybody would
agree that it has to be sodded and fixed up and completed. Since there is
conceivably more work to be done on the south end of the park, this might, at
some point, have to be torn up again and so the Commission ought to be advised
that the expenditure might have to later be repeated and not exactly the same
fashion for the same amount but in a more sophisticated system of sodding and
landscaping the south end of the park. Why we didn't do that 8 or 10 years
ago instead of all the other stuff we did, is beyond me, but such is life.
Anybody have any problem with that expenditure? Up to $10,000 for resodding?
Commissioner Plummer: Not to exceed - but, Mr. Mayor, so you understand,
that's not to exceed the expenditure of $10,000 by doing it with in-house City
employees.
Mayor Suarez: Yes.
Commissioner Plummer: To get it done by the 4th of July. No, the labor is
in-house. In-house labor, as I recall, you can do it for $10,000 if you use
City forces. Is that correct?
Mr. Rodriguez: The figures that I'm reading now are about...
Mayor Suarez: Mrs. Dawkins is going to help lay down some of the sod.
Mr. Rodriguez: ...$14,000 altogether between soil and sodding.
Commissioner Plummer: They're saying fourteen and a half now, Mr. Mayor.
Mayor Suarez: Fourteen and a half.
Mr. Wally Lee: The quotation here, Commissioners and Mr. Mayor, is for the
soil that we have to place under the grass and for the sod, the grass.
Commissioner Plummer: Now, the main question. If we do approve it, can it be
done in place by next Wednesday or prior to next Wednesday?
Mr. Lee: We'll have to work through the weekend.
Commissioner Plummer: So, you're talking about a hell of a lot of overtime.
Mr. Lee: So then you're talking time and a half, double time.
Mayor Suarez: Where is this celebration going to take place? Where is the
main staging area for the celebration? Around the fountain?
Commissioner Plummer: The laser tower, the amphitheater, the fountain, and
the war memorial.
Mr. Lee: And the war memorial, yes, sir.
Mayor Suarez: Well, those areas should at least be resodded, I mean, to have
them look the way they do is...
Commissioner Plummer: But, you're talking about now primarily, and I'm not
disagreeing with you, but you're talking about from the promenade north as the
area is where the celebration will be. I know of nothing that is taking place
from the promenade to the hotel.
Commissioner De Yurre: Now, are people going to be walking all over this new
planted sod? I mean, we're just going to be throwing it away.
-! Commissioner Alonso: How much damage?
Commissioner De Yurre: It's not going to take...
Mayor Suarez: Not in those areas, because those areas are right around where
the structure is for the pump house there and...
Commissioner De Yurre: Well, that's the thing. We're going to be throwing
the money away.
E
i
i
1
174 ,Tune 28, 1990
Y.
Mr. Lee: Well, it's a...
Mayor Suarez: Along the promenade there where people should not be walking
through the grass.
Mr. Lee: They shouldn't, Mr. Mayor, but they will do. You know, it's a
little shortcut, across the grass towards the fountain.
Mayor Suarez: You're not going to have cars certainly and trucks and
deliveries and all of that. People ought to be told that they can get to one
particular place and from there they have to lug the stuff to the extent
possible by hand or by some other vehicle rather than driving through there.
Commissioner Plummer: Well, to my knowledge, there is no activity scheduled
in the area from the promenade south. Is that correct?
Mr. Lee: Except for the war memorial, Commissioner.
Commissioner Plummer: Oh, I'm sorry.
Mayor Suarez: That's also pretty close to the promenade.
Mr. Lee: But that's pretty close to the walk, I mean...
Mayor Suarez: That's almost middle of the park, not north - not south end.
Commissioner Plummer: By the way, just for your edification, there are some
within the organization who are protesting that the war memorial does not fit
in with Noguchi's plan.
Mayor Suarez: I'll give thew the correspondence.
Vice Mayor Dawkins: Isn't that a shame?
Mayor Suarez: I'll give them the correspondence that I have received and they
can answer it all on the war memorial.
Commissioner Plummer: I am just putting... I merely am putting that on the
record in case some member of this Commission agrees with them, then I can
resign.
Mayor Suarez: All right, with that motion built in, in that maximum amount
expenditure which is a little bit less than $15,000.
Mr. Lee: Commissioner, let me make just one statement. My understanding from
Ira was that this material to arrive tomorrow would have to be ordered before
1:00 today because this is special Bermuda sod and has to come up from
upstate.
Vice Mayor Dawkins: Well, it's after 1:00 o'clock, so what's your problem?
Mayor Suarez: What do you want us to do? Do you want us to change the past?
Commissioner Alonso: Too late?
Mr. Lee: So, well, I have to assume right now is that it will be arriving
Saturday, so it is this weekend we're going to have to work. We'll give it
our best shot.
Commissioner Plummer: Well, give us an estimate of what you figure in -kind,
City employee, staff, doing it would cost.
Mr. Lee: OK, sir, in about half an hour, I'll be back with that figure.
Mayor Suarez: OK?
Commissioner Alonso: One question. In your experience, if we place this sod
now for this event, is it going to be damaged?
Commissioner Plummer: He doesn't have a crystal ball.
Commissioner Alonso: No, but usually when it's so new that's the problem.
175 June 28, 1990
Commissioner Plummer: Your problem is if you had one
good heavy rain...
Mr. Lee: And it depends on also, how many people.
We have to try, to
keep
- them away as much as possible.
Mayor Suarez: And it depends on the follow through.
If afterwards, you
then
provide some kind of a protection for it, so people
don't walk through
it,
probably can pick up. All right, we have a motion and
a second.
Commissioner De Yurre: What's the motion?
'
Mayor Suarez: Does the motion accept the modification and the second accept
—
the modification of that expenditure ceiling to try to...
Mr. Fernandez: To fourteen, five?
Commissioner Plummer: Well, yes, I'll accept tie
amendment. Well,
the
— amendment is, is to put the grass in. But I have to
ask the Mayor, who is
making the amendment, to identify where the funds are
coming from. They
sure
can't come from the authority We don't have it.
Vice Mayor Dawkins: We don't have it in this City either.
Commissioner Alonso: It's law.
Commissioner Plummer: Now, you know, we can most likely... no, we don't have
the funds. I was going to say, if you did, you know, you're talking about
more subsidy. Do we have any money in the authority?
Vice Mayor Dawkins: No, I'm not subsidizing...
Commissioner Plummer: I don't think so.
Mr. Lee: No, air.
Vice Mayor Dawkins: Well, close the park.
Commissioner Alonso: So, no...
Commissioner Plummer: How about DDA?
Mayor Suarez: From the park budget, if you have to. I mean, you can't just
leave it the way it is, I mean... probably stop some of the other work that
we want to do on there, but you can't leave it the way it is. The Pope slept
here. How interesting.
Commissioner Plummer: What?
Mayor Suarez: The signs on the...
Commissioner Plummer: Ch. Well, Mr. Mayor, if you want to make it subject to
the funds being found...
Mayor Suarez: Yes, I'll make it subject to that. Maybe we'll get it from...
Commissioner Plummer: Then, you know, if we've got it in the trust...
Vice Mayor Dawkins: Second the motion.
Mayor Suarez: All right. Moved and seconded subject to that. Let the
administration figure it out.
Mr. Fernandez: And the idea is that the City work force will do the work.
Mayor Suarez: Yes, of course.
— i Mr. Fernandez: But then, we still have the problem with the acquisition into
— the extent that we're spending fourteen, five, we would need to come back to
j you at a future time where you, then, will acknowledge to waive all the formal
— bidding that we would have, otherwise, have...
------------------------------
Mayor Suaret: Fourteen, five?
Mr. Fernandez: Yes.
Mayor Suarez: Oh, yes, of course. Waive whatever.
Mr. Fernandez: OK. You'll do that next time, the 12th.
Vice Mayor Davkins: OK, call the roll.
Mr. Lees May I suggest a source of funding?
Commissioner Plummer: Sir?
Mr. Lee: Which is monies reserved for the south end of the park.
Mayor Suarez: Sure.
Mr. Lee: There's some unrestricted funds there.
Commissioner Plummer: That's fine.
Mayor Suarez: OK...
Commissioner Plummer: Do we still do the Wally Lee plan?
Mr. Lee: Oh, absolutely.
Mayor Suarez: That's not going to make us or break us -in the south end of the
park. We have to make some bigger decisions and at least maybe this will do
some people to realize that it could nice without all that other stuff they
want to do in the south end of the park. The motion is to have the...
Commissioner Plummer: Have fun.
Mr. Lee: Thank you, Commissioner.
Commissioner Plummer: It's going to be a long weekend.
Mayor Suarez: To allocate up to $15,000 from the unrestricted funds of the
south end of the park to resod and make it look nice.
Commissioner Plummer: That, of course, is the funds for the sodding and to
replace the City...
Vice Mayor Dawkins: Are we going to vote?
Mayor Suarez: We have a motion and a second. I'm going to close off
debate...
Commissioner Plummer: The City for the labor force. Yes.
Mayor Suarez: Yes, you...
Vice Mayor Dawkins: May I have a point of special privilege?
Mayor Suarez: Yes, Vice Mayor, quickly.
Vice Mayor Dawkins: My wife is coming down here on appealing 29. If you guys
don't hurry and get to it, I will have to excuse myself for conflict of
interest.
Mayor Suarez: Plus, you'll have to listen to her. All right, call the roll.
Commissioner Plummer: Not because your wife is here, but because you are
homeless.
Vice Mayor Dawkins: I will... no, no, no, because I may be homeless.
177 June 28, 1990
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 90-485
A MOTION AUTHORIZING AND DIRECTING THE ADMINISTRATION
TO DO THE FOLLOWING IN CONNECTION WITH THE CITY -STAGED
FOURTH OF JULY CELEBRATION EVENT. (A) RESTRICT RETAIL
PEDDLERS FROM BAYFRONT PARK DURING CELEBRATION OF SAID
EVENT; AND (B) EXPEND AN AMOUNT NOT TO EXCEED $14,500
TO SOIL AND SOD THE SOUTH END OF BAYFRONT PARK IN
ANTICIPATION OF SAID EVENT, SUBJECT TO THE CITY
MANAGER BEING ABLE TO IDENTIFY APPROPRIATE SOURCE OF
FUNDING.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner De Yurre: I think it's really a waste of money to put the sod in
when I know it's going to go bad. People are going to trample it and it's
going to get damaged so I have to vote no.
NOTE: At this point, the City Commission resumes
consideration of items on the Planning and Zoning
portion of the agenda.
---------------------------------------------------------------------------
50. (A) DISCUSS AND CONTINUE TO SECOND MEETING IN SEPTEMBER CONSIDERATION
OF AN APPEAL OF ZONING BOARD'S DECISION TO UPHOLD PLANNING
DIRECTOR'S DETERMINATION TO CONSIDER THE SERVING OF MEALS PREPARED
OFF HE PREMISES AND FREE TO RECIPIENTS AT A HOUSE OF WORSHIP, BY
SPECIAL EXCEPTION, WHEN LOCATED IN CR-1 ZONING DISTRICT
(Appellants: Miami Coalition for Care to the Homeless, Trinity
Episcopal Cathedral and First United Methodist Church of Miami).
(B) CITY COMMISSIONER EXPRESSES CONCERN AND DIRECTS ADMINISTRATION TO
REMOVE ALL UNSAFE STRUCTURES UNDER THE EXPRESSWAY.
------------------------------------------------------------------------------
Mayor Suarez: PZ-29.
Commissioner Plummer: I understand there's going to be a motion to defer.
Mayor Suarez: What is the status? Are we going to... generally both sides
agree that it's a good idea to defer this item pending trying to come to a
compromise.
Commissioner Plummer: Who is Michael Radell? Front and center.
Mr. Michael Radell: Right here.
Commissioner Plummer: You're representing John Doe.
Mr. Michael Radell: John Doe, Trinity, First United Methodist and Miami
Coalition.
178 June 28, 1990
r
fir-
Mayor Suarers Mould you swear him in so at least we can figure out where we
- are?
= AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.i
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.
Commissioner Plummer: Are you here for a fee?
Mr. Radell: No.
t
Commissioner Plummer: This is totally gratis?
r
Mr. Radell: Absolutely correct.
f=
-
- Commissioner Plummer: No cheese sandwich and a bag of french fries?
Mr. Radell: Not a thing. As a matter of fact, in addition to the deferral
-
_
request and the request that the Commission direct staff to work with us and
other concerned citizens in some manner that will come up with regulations
that will allow churches to do this and would minimize impacts on
-
neighborhoods. We're also asking, in light of the fact that a fair amount of
money has been spent by Miami Coalition as well as other churches and
synagogues involved in this on the appeal. There have been - so far we have
- spent $1,200 on filing fees for these appeals and what we're also requesting
this evening is that there be a refund because of the nature of these appeals.
This is money that could have been used for food and also under similar
circumstances, where you have large number of people who are appealing these
_
_
- kinds of matters, the appeals are at no cost. In other cases, the appeals are
funded by the applicants when they originally make their applications.
Commissioner Plummer: Do you realize that this Commission gets paid 64 cents
an hour that somebody has got to pay it?
Mr. Radell: If it comes out of the $1,200, you know, we'll take an
appropriate reduction on that.
Vice Mayor Dawkins: Is Mrs. Cousins in our audience?
Commissioner De Yurre: Do we have a move?
J Vice Mayor Dawkins: I guess she's with my wife trying to find her way here, I
guess.
Mayor Suarez: Are you anticipating that this would be $1,200 because you're
hoping that as of this deferral we won't have further appeals and further
proceedings? Is that the idea?
Mr. Radell: The $1,200 are the filing fees that have been paid to date.
Commissioner De Yurre: Oh, oh. Oh, oh.
Mayor Suarez: In other words, I was just hoping to take that up...
Commissioner De Yurre: Oh, oh.
Mayor Suarez: ...at the appropriate time when we do finally have the matter
resolved and maybe we can come up with the money some other way, so we...
Commissioner Plummer: I make a motion that we send him a letter of thank you.
— Mayor Suarez: Well, without prejudice of considering that if, indeed, this
whole matter is settled without any litigation, without any further
proceedings, we can always take that up at the point. How is that? All
right, so the - I'll entertain a motion to defer...
Mr. Rodriguez: Mr. Mayor... -
Y
t
Commissioner De Yurre: Moved.
Ms. Graciela Valansategui de Garrido: Can I put something on the record,
A
please?
Ji
179 June 28, 1990
11
.. Y
Mr. Rodriguez: 'Yes, me too.
Mayor Suarez: Please.
Me. de Garrido: The Miami Homeowners Coalition would like to work with this �-
too. Thank you.
i
Mayor Suarez: All right. _
Vice Mayor Dawkins: Mrs. Dawkins, do you have anything to say, ma'am?
Commissioner Alonso: Second.
Mayor Suarez: The item is over.
Vice Mayor Dawkins: Do you have anything to say, ma'am? Now, they're going
to defer it.
Mayor Suarez: Is he homeless or does he still have a place to stay? Your
husband.
Commissioner Alonso: It depends on how he votes.
Mayor Suarez: She's thinking about it.
Commissioner Plummer: That woman is the only one I know that's got a one way
ticket to heaven. She sure had her hell on earth.
Mrs. Nancy Dawkins: You pray and keep the faith. And that's how you can
handle all problems.
Mayor Suarez: Is that how you handle this guy? -OK.
Commissioner Alonso: Nancy knows what she's doing.
Vice Mayor Dawkinr: Better swear them in.
Mayor Suarez: Yes, please, be sworn in, Mrs. Dawkins.
Vice Mayor Dawkins: And the other lady.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.
Ms. Dawkins: My name is Nancy Dawkins.
Vice Mayor Dawkins: Pull the mike to you, honey.
Ms. Dawkins: My name is Nancy Dawkins.
Ms. Leona Kellyt I have to be sworn in too.
Mayor Suarez: Yes, we assume that your hand was just about raised there
although that was kind of...
Ms. Dawkins: Tell your name.
Dr. Leona Kelly: I'm Doctor Leona Kelly.
Ms. Dawkins: I'm going to let Dr. Kelly tell you about the item that we have
on here concerning feeding, but I'll give you a little about it. I'd like for
the two Commissioners to listen so that they could...
(LAUGHTER AND APPLAUSE)
Commissioner Plummer: Nancy, excuse me...
Mayor Suarez: You don't know how much we were hoping you would say that.
Commissioner Plummer: ...your husband and I have been accused for years
around here of being the Blues Brothers and the only question I asked him were
you two the Blues Sisters?
180 June 28, 1990
Ms. Dawkins: Well, no, we are Christian sisters. The item that we have is a
unique item. And it's not - I brought Dr. Kelly so that she could get some
understanding. I already called the Zoning Board pertaining to this item and
they said that it didn't affect us. We feed every month about 200 and we
close the door after we get that number in and we don't have any more around
the church. And we have a service and after the service, we feed and we give
clothing to them and we send them on and we talk to them and we try to tell
them to get a job. We try to tell them to clean up themselves and to lift
their image and this has been going on for - I'll let Dr. Kelly tell you how
many years this has been going on - and this is not just feeding the homeless
just because they're on the corner. They come and they look forward to it.
Nov, last month, we could not feed them because we was afraid of this item
that's on here. But we gave them canned goods to take home and health care
packages. So today, we want to get a clearance to see if all cases are the
same and I would like for Dr. Kelly to expound on it just a little longer. We
was going to have the bishop's wife here, but we could not get her here at
this particular time. Could we?
Dr. Kelly: No, not today.
Ms. Dawkins: She couldn't come. She's attending...
Mayor Suarez: That's clearly unfair to us to bring the bishop's wife. Now,
come on.
Ms. Dawkins: All right, I'll let Dr. Kelly just expound on it a tiny bit.
Dr. Kelly: As the director of the Sarah Allen House, it is a project that we
have implemented for five years successfully without any complaints from the
community. In fact, the community has asked us for this service. They are
not lined up in the streets, we have a large auditorium in the basement of the
church where we accommodate all of the persons who are homeless, as well as
needy families. They are welcome. We have restroom facilities. We have
tables and chairs and they are served with the highest of dignity. We give
them canned goods to the homeless as well as needy families. We give health
care packages, we give workshops on AIDS prevention, conflict resolution,
chemical dependency prevention...
Mayor Suarez: Can I recommend a couple of my fellow Commissioners for that
conflict resolution....
Dr. Kelly: We'll be glad to have you. We also have a service...
Commissioner Plummer: Put me on no more committees.
Dr. Kelly: ...because we believe in the physical as well as the spiritual
growth and after that service, it's no more than a hot meal given to everyone
there. And, as I said before, we also give canned goods and we really are not
sure where we stand in this item.
Mayor Suarez: We think we're pretty close to having a settlement of the issue
and coming up with something that is agreeable to everybody.
Vice Mayor Dawkins: We've deferred it, but I wanted you two to be heard so I
could go home. But, we've deferred it and I explained to them that you guys
told me that you were going to feed, you didn't care what we do and I've
gotten quite a few letter like that say that they're going to feed the
homeless, don't care what we legislate. So...
Mayor Suarez: There's going to be a lot of constitutional challenge to
anything other than that so we have to be very careful.
Vice Mayor. Dawkins: Everybody is sitting down trying to work something out
where we all can harmoniously agree to it.
Dr. Kelly: Yes, well we think it's a double dip jeopardy because, first, of
their circumstances and then their inability - excuse me - to represent
themselves, it is double jeopardy.
Mayor Suarez: Very good.
181 June 28, 1990
7
Dr. Kelly: Thank you.
Mayor Suarez: All right, thank you, Doctor. Thank you, Nancy.
Commissioner De Yurre: Do we have a time set for the deferral?
Mr.• Rodriguez: I would like to get some directions from the Commission. The
question that was asked from me by the lawyer representing the homeless was
whether there was any opposition frc,,n the administration to defer this item
and my statement was, it was none, of course, you know.
Mayor Suarez: To the what?
Mr. Rodriguez: To defer the item today.
Mayor Suarez: Right.
Mr. Rodriguez: But, further than that...
Mayor Suarez: I thought you had had some conversations with Commissioner
Alonso and some of the rest of the Commission on kinds of parameters we've
been talking about.
Commissioner Alonso: Yes, I guess we should instruct them to try to find an
agreement that is acceptable and what we have had through the years, to
continue to operate without affecting anything. I think it was the intention
of...
Mayor Suarez: There should be a way to define it to take into account the
historical distribution by churches of food in a way that it doesn't disrupt
the community, doesn't have huge food lines, etcetera, etcetera.
Commissioner Alonso: And, at the same time, preserve...
Mayor Suarez: ...the integrity of our processes and everything.
Commissioner Alonso: ...the integrity of - right.
Commissioner De Yurre: Well, maybe if they'd grandfathering concept of what
is already there as opposed to bringing in additional which, I think, is a
greater concern of the community, that what's there is there and let's make
sure that we don't get an additional burden to the area.
Commissioner Plummer: Well, let's all recall what we heard Monday night up at
the Northeast Homeowners Association. Their main concern was very simply that
they cannot all be in one given area.
Commissioner Alonso: That's right.
Commissioner Plummer: That is the problem. In other words, they're catering
and going to where the homeless are at the present time, thereby creating a
magnet to keep them all in one given area and as the Northeast people said
very clear, hey, we want to do our part, but don't over burden us. You know,
I don't know of any church in Coral Gables that feeds the homeless.
Vice Mayor Dawkins: Yet, but I do know, J.L., of people in Coral Gables,
people in Key Biscayne and people in Bal Harbour who put food in their car and
bring it down to the Camillus House to keep those people out of their
neighborhood. See? So that's - I mean, so you see, this is the kind of thing
that...
Commissioner Plummer: Well, you know...
Vice Mayor Dawkins: Yes, oh, yes, I see it.
Commissioner Plummer: I think that what you need to keep in mind that we had
to come about in half way houses to a distance requirement because of the fact
they all got within about a three block area of Curley High School. I mean,
we had 39 out of 44 half way houses were in that given area, OK? Now, we
rpassed a motion here, there would be no more half way houses in the City of
Miami until the other communities around here put their shoulder and accepted
_4 their fair share. You can't convince me that some of the kids that are in
182 June 28, 1990
half way houses don't come from Coral Gables or Miami Shores or $1 Portal or
Key Biscayne. So why should the people of the City of Miami have the
exclusive burden of having to be the only place that these kids can go? I
think the same thing applies to the homeless. We should do our share, but I
think that that other municipalities, just because they're the elite, doesn't
mean that they're excluded from helping out in this community. And as far as
I'm concerned, let's share the burden, but let's share it all the way around
and don't impose it upon one given locale. And, to me, that's the one thing
that has got to be here enforced and it's a means of regulation because today
there are no regulations. I know of one group that comes - I'm told, excuse
me - I am told that there is one Jewish synagogue in North Miami Beach who
comes down to the Venetian Causeway area to feed the homeless. Now, I'm not
casting aspersions that that's why they do it to keep it out of North Miami
Beach. I have to consider their intent honorable. But here, again, you don't
find any soup kitchens in North Miami Beach. And I'm just saying that for
this one person here, that's why I felt that there are some regulations that
are needed and so that we, we, the City, don't get saddled with 101 percent of
the problem.
Mayor Suarez: The effort, indeed, is, and by agreement of everybody is to
decentralize the process and I know the Homeless Coalition believes in that
very much and trying to do it where the people are, in fact, found.
Rev. Charles Eastman: Mr. Mayor, my name is Rev. Charles Eastman, I'm
executive director of United Protestant Appeal, 195 S.W. 15th Road and I swear
whatever I'm supposed to.
Mayor Suarez: Well, we're in a motion to defer mode here and to continue, if
you address the issue, we're going to have to swear you in and you have plenty
of opportunity to speak to each one of us on the matter.
Rev. Eastman: I just want to correct the facts. There are feeding programs
at other parts of the County. My own church, Church by the Sea, in Bal
Harbour, Florida, feeds people. The church I used to pastor across the
causeway in North Miami feeds people...
Commissioner Plummer: Is this the homeless?
Rev. Eastman: They do not feed - yes, they do not feed them in the same way,
because the homeless issues are different there. What is happening is, that,
as Dr. Cherry at Barry University stated before the Zoning Commission, and in
result of the Posner study, we find that many of the homeless problems develop
in these areas and then begin to progress toward the center City. One of the
things United Protestant Appeal is interested in doing with the churches in
those areas, is to begin to attack those problems before you find them in the
center City. And we have to place them in many of our shelters. So, it's a
different problem out there. They are trying to meet as many of them in
certain ways that are not the same way that you would address it here.
i Mayor Suarez: As a statistical and a analytical tool to us, would you provide
"j us with all of that outside of the City, so we don't - if you don't think that
we should be continuing this notion that it's, you know, totally concentrated
in the City, I don't think that's what the Commissioner meant to say, but we
do think it's a much higher...
Commissioner Plummer: Eighty percent.
Mayor Suarez: ...condensation of it or whatever the term is. Get us some of
that information.
Rev. Eastman: I'll be glad to.
Mayor Suarez: I'd be very interested in knowing where that's taking place.
Rev. Eastman: Be glad to.
Mayor Suarez: Than: you, Reverend.
Rev. Eastman: Um hum.
Mayor Suarez: All right, we have a motion to continue until...
183 June 28, 1990
mr� K
i
Mr. Rodriguez: September 26th.
Mayor Suarez: September 26th...
Mr. Rodriguez: Sixth.
Commissioner Alonso: OK.
Mr. Rodriguez: Second meeting of the Commission in...
Mayor Suarez: In September. The reason for that is that we can't get it done
by July and we don't have a meeting in August.
Mr. Rodriguez: Right.
Mayor Suarez: All right.
Commissioner Plummer: Let me ask you a question before you make the motion.
Mr. Manager, this Commission directed you at the last Commission meeting to go
down under the expressways and remove all of these unsafe structures through
the Sanitation and Public Works Departments. I have not seen one of them
removed. Why?
Dr. Luis Prieto: We did go there and we had the meeting with Florida
Department of Transportation. We're moving on that, sir.
Commissioner Plummers When am I going to see the first one of these unsafe
structures come down?
Mr. Prieto: I cannot say at this time but we are trying to do that, sir.
Commissioner Plummer: You're telling me the Sanitation Department can't clean
under the expressways.
Mr. Prieto: I'm not addressing Sanitation, only Public Works. We are trying
to get the fences down and put up a fence from Florida Department of
Transportation...
Commissioner Plummer: I didn't say a word about fencing. I said the unsafe
structures that are existing to clean up the area. Why hasn't that been done?
Mr. Rodriguez: And the answer that I can give you at this point in relation
to those properties. If they are in a state right of way, we have to get the
state to enforce that. We've been notifying them to find then that we have
these problems. And we cannot get into the property and remove it from them.
Commissioner Plummer: Then, are we to take the State Board of Transportation
before Code Enforcement for allowing unsafe structures on their property?
Mayor Suarez: Sometimes that kind of a notice helps a lot.
Mr. Rodriguez: That might but.....
Mayor Suarez: You send them a notice like that and you see pretty soon they
take care of it themselves. Save a lot of money. Doctor, you might have
considered that.
Mr. Rodriguez: ...sir.
Mayor Suarez: I hate...
Commissioner Plummer: I'd like to see the results of what you've accomplished
at the next Commission meeting.
Mayor Suarez: Yes, I'd hate to have this matter keep coming up, so, please.
Commissioner Plummer: I'm going to be here to remind them.
Mayor Suarez: Yes. Call the roll on that item, by the way.
THE ABOVE ITEM WAS DEFERRED TO THE SECOND COMMISSION
MEETING OF SEPTEMBER 1990. AT 6:00 P-M_ Rv TWR
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 DURING ROLL CALL:
Commissioner Plummer: This is on the deferment until September? The answer
is yes.
51. BRIEF COMMENTS ON PREVIOUSLY WITHDRAWN ITEM (PZ-30) CONCERNING
SETTLEMENT OF LAWSUITS BY MESSRS. KENNETH TRIESTER, HOWARD SCHARLIN AND
GERALD KATCHER INVOLVING THE CITY AND PROPERTY LOCATED AT 3471 MAIN
HIGHWAY (COMMODORE BAY).
Mayor Suarez: The City Attorney suggested, and I think it's proper, that we
recognize at least one of two attorneys who have been co -counsel with the City
or special counsel with the City in the Commodore Plaza litigation where we
ha -%a been successful. Let's state into the record in case anybody is not
aware of that at all stages and in all proceedings and I think Joe Fleming
left, but Gary Held is here and I know you're receiving sort of less than
market compensation for your services so congratulations on that. Not on your
compensation, but on continuing to win. The matter has been withdrawn today
and as a settlement, but maybe it will continue in other ways.
UNIDENTIFIED SPEAKERS Thank you.
Mr. Sergio Rodriguez: Mr. Mayor, I'm not sure if the date is September 26th
or the 27th, but it's the second Commission meeting in September and it will
be at 6:00 p.m.
Vice Mayor Dawkins: What....
Mr. Rodriguez: The continuation.
Mayor Suarez: The prior item to have been set for 6:00 pau.
Vice Mayor Dawkins: Which item?
Mr. Rodriguez: The one on the homeless.
Mayor Suarez: On the feeding by churches of the homeless. OK, we have...
Commissioner Plummer: We're going to have it at dinner time.
NOTE: At this point, the City Commission closes
consideration of the Planning and Zoning agenda to
resume consideration of items from the regular portion
of the agenda.
185 June 28, 1990
--------------
52. AUTHORIZE RESTRICTION OF VEHICULAR ACCESS TO CERTAIN STREETS AND URGE
METROPOLITAN DADE COUNTY TO INSTALL TRAFFIC REGULATORY SIGNS IN
MORNINGSIDE NEIGHBORHOOD (ON 90-DAY TRIAL BASIS).
------------------------
Mayor Suarez: The prior remarks were as to PZ-30, which is withdrawn and so
we've got left item 26 scheduled specifically for 6:00 p.m. Am I hearing
correct that there's a substantial settlement among all parties?
Mr. Prieto: That is correct. There is an agreement in principle, sir.
Mayor Suarez: OK. And what is the - what are the elements of that so we can
vote on it and wrap up here? I see all the nice ribbons. What is - and the
smiles that go with the ribbons. And the tee-shirts. People that have tee-
shirts are not against the ones with the ribbons, are they?
Commissioner Alonso: No, no, we have both.
Mayor Suarez: That's right. I should have been able to figure that out, I
guess.
Vice Mayor Dawkins: See that guy got both of them. He got a ribbon and a
tee-shirt.
Commissioner Alonso: Yes, that's what I said.
Mayor Suarez: We have an overlap hare. He paid more. Yes.
UNIDENTIFIED SPEAKER: Yes.
Mr. Prieto: Mr. Mayor. Basically, the agreement is what has been now termed
Plan B. It's one of the alternatives that the traffic analysis produced.
There are essentially several openings left and I'll indicate them to you.
Mayor Suarez: If necessary for us to be able to vote on it and only if
necessary for that.
Mr. Prieto: Basically...
Mayor Suarez: If it's Plan B and you understand what Plan B is and they
understand what Plan B is...
Mr. Prieto: Yes.
Mayor Suarez: ...and nobody disagrees with Plan B, I'll entertain a motion on
Plan B.
Commissioner Plummer: No, no, no, I want to ask a question.
Mayor Suarez: I was afraid of that.
Mr. Prieto: Yes, sir.
Commissioner Plummer: I'm going to feed you to the wolves. Am I to
understand that Plan B is the lines drawn across the streets?
Mr. Prieto: Yes, sir.
Commissioner Plummer: OK, that's the ones you have in red or the ones in
yellow?
Commissioner Alonso: All of them.
Mr. Rodriguez: It's the whole thing.
_ Commissioner Plummer: All right, now, my concern before when you say an
agreement has been reached by all parties. What is the street in the center
there that has no barricade?
186
June 28, 1990
Mr. Rodriguez: Fifty-five.
UNIDENTIFIED SPEAKER: That's my street.
Commissioner Plummer: Fifty-five.
Mr. Rodriguez: Terrace.
Commissioner Plummer: OK. And you're telling me, for the record, that no one__
on 55th Street is in opposition.
UNIDENTIFIED SPEAKER: No - well...
Mr. Prieto: Let me say that nobody loves the plan.
UNIDENTIFIED SPEAKER: Right.
Mr. Prieto: It's a compromise.
Commissioner Plummer: That the people on 55th Street are willing to accept
the plan.
Commissioner Alonso: Are they?
UNIDENTIFIED SPEAKER: We're willing to live with it. We're willing to try it
out to see if we can live with it.
Commissioner Plummer: OK, now my next question. I'm concerned, if, in fact,
those barricades go back as far as what you're indicating on the map.
UNIDENTIFIED SPEAKER: There's a reason for that.
Commissioner Plummer: And the reason of my concern is it looks like it gives
enough room for people to pull in off of the street before they realize they
can't go any further. Then, they've got to back out onto the main street
prior to where if you had the barricades closer to the end of the block, that,
in fact, they would not be able to turn in at all. Do you follow what I'm
saying?
Mr. Prieto: Yes, sir. Now, remember, these are temporary. Let me show you
what the permanent will be.
Commissioner Plummer: OK, temporary or permanent, I think they should go to
the end of the block.
UNIDENTIFIED SPEAKER: No. Commissioner...
Commissioner Plummer: Why?
UNIDENTIFIED SPEAKER: Commissioner, because the first properties on the block
are commercial properties and the rest of the properties on the block are
residential properties.
Commissioner Plummer: You make a damn good point. I withdraw my objection.
Mr. Prieto: OK.
Commissioner Alonso: It does make sense.
Mr. Rodriguez: Remember, this is for a 90 day trial period.
Mayor Suarez: Ninety day trial period, I'll entertain a motion on Plan B.
It's been moved by Commissioner De Yurre.
Commissioner Plummer: The only other thing that you know if this does go to a
permanent, that my insistence is that any of these barricades have to be in
such a manner that emergency vehicles can get through them.
187
June 26, 1990
UNIDENTIFIED SPEAKER: Absolutely.
Mayor Suarez: OK, do we have a second?
Vice Mayor Dawkins: Call the roll.
Commissioner Plummer: It's for your safety.
Commissioner Alonso: Yes, second.
Mayor Suarez: Call the roll on the motion.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 90-486
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING AND
PERMITTING THE RESTRICTION OF VEHICULAR ACCESS TO
CERTAIN STREETS AND URGING METROPOLITAN DADE COUNTY TO
TAKE STEPS WHICH WILL RESULT IN THE INSTALLATION OF
TRAFFIC REGULATORY SIGNS IN THE MORNINGSIDE
NEIGHBORHOOD IN THE CITY OF MIAMI, FLORIDA, IN
ACCORDANCE WITH PLAN "B", ON A NINETY (90) DAY TRIAL
BASIS, SUBJECT TO CITY COMMISSION REVIEW AND
PROVISIONS CONTAINED HEREIN; FURTHER DIRECTING THE
CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO
THE HEREIN NAMED OFFICIALS.
(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.
ABSENT: None.
Mayor Suarez: We're adjourned.
THERE BRING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 6:34 P.M.
ATTEST:
Natty Hirai
CITY CLWU1
Valter J. Foeaiaa
ASSISTANT CITY CLERK
Xavier L. Suarez
M A Y O R'
INCORP �IN:1TED 7r
O 18 96 r
ISO June 28, 1990
CITY OF MIAMI
DOCUMENT INDEX
Mum mm.
ma Mt. 1 0f
ACCEPT BIDS: (a) WILLIAMS PAVING CO., INC. AND (b) PNM
CORPORATION - FOR RESURFACING 30 TENNIS COURTS AT SEVEN
CITY PARKS - FOR PARKS DEPARTMENT (CIP 31331)
ESTABLISH SPECIAL CHARGES, TERMS AND CONDITIONS FOR USE OF
ORANGE BOWL STADIUM BY SUNSHINE STATE (!AMES FOUNDATION. INC.
FOR OPENING CEREMONIES OF 1990 SUNSHINE STATE GAMES.
AUTHORIZE ACCEPTANCE OF SPECIAL WARRANTY DEED FOR PROPERTY
FOR STREET.AND CANAL IMPROVEMENT PURPOSES.
AUTHORIZE CASH ADVANCE PAYMENT ($42,000) FROM CITY'S EQUITY
IN POOLED CASH AND INVESTMENTS TO WYNWOOD COMMUNITY ECONOMIC
DEVELOPMENT CORPORATION - FOR PROFESSIONAL SERVICES CONCERN-
ING PREPARATION OF SAFE NEIGHBOR OOD IMPROVEMENT PLAN FOR
WYNWOOD SNID.
ACCEPT PLAT: RIVERSIDE PLAZA
ACCEPT PLAT: ROBERTSON ESTATES
EXECUTE AGREEMENT WITH METROPOLITAN DADE COUNTY SETTING FORTH
MUTUAL RESPONSIBILITIES CONCERNING THE IMPLEMENTATION OF SHOR
LINE RESTORATION ACTIVITIES AT (a) TWO CITY -OWNED SPOIL ISLAN
OFF THE WEST SIDE OF VIRGINIA KEY, AND (b) ONE LOCATED OFF
DINNER KEY.
APPROVE ADMINISTRATION'S REJECTION OF PROTEST RECEIVED FROM
AVMARK, INC. CONCERNING SELECTION OF CONSULTANTS FOR THE AIR
TRANSPORTATION FACILITY AT WATSON ISLAND.
GRANT REQUEST BY REPRESENTATIVES OF AORADA CUBA FOR USER FEE
WAIVER AT MANUEL ARTIME CENTER FOR A ONE -DAY EVENT.
AUTHORIZE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE
ORANGE BOWL COMMITTEE FOR USE OF THE ORANGE BOWL STADIUM FOR
A FIVE YEAR PERIOD WITH THREE YEAR RENEWAL PERIOD., $200,000
A YEAR FOR FIRST FIVE YEARS .
AMEND RESOLUTION %90-320 DECLARING A UNIFIED DEVELOPMENT PROJE
FOR DEVELOPMENT OF A MAUSOLEUM BETWEEN NORTH MIAMI AVENUE AND
N.E. 2 AVENUE ON N.E. 19 STREET.
WAIVE FORMAL COMPETITIVE BIDDING FOR CONSTRUCTION, MATERIALS
AND EQUIPMENT NEEDED FOR WAREHOUSE, OFFICE, RESTROOM AND
STORAGE FACILITIES FOR PARKS AND PUBLIC WOPIKS DEPARTMENTS
(CIP: RELOCATION OF MUNICIPAL SHOPS OPERATIONS.).
APPOINT INDIVIDUALS TO MIAMI SPORTS AND EXHIBITION AUTHORITY
(Appointed were: Milton Vickers, Frankie Rolle, Eli Feinberg,
and J. Skip Shepard.)
June 28, 1990
2
CM
RESOLUTIONS
90-462
90-463
90-464
90-465
90-466
90-467
90-468
90-469
90-471
90-475
90-476
90-478
90-479
DOCUMENT INDEX
APPROVE SPECIAL EXCEPTION TO PERMIT A DRIVE, -THROUGH FACILITY
FOR CITICORP SAVINGS AT 1790 BISCAYNE BOULEVARD. (Applicant:
Citicorp Savings of Florida.)
APPROVE SPECIAL EXCEPTION TO PERMIT A REDUCTION FROM 40 TO 29
STACKING SPACES FOR PROPOSED CITICORP SAVINGS DRIVE -THROUGH
FACILITY AT 1790 BISCAYNE BOULEVARD. (Applicant: Citicorp
Savings of Florida.)
DIRECT CITY ATTORNEY TO DRAW UP LEGISLATION REGARDING REGULATION
OF POLITICAL SIGNS.
GRANT REQUEST FOR USE FEE WAIVER AT MARINE STADIUM AND MOBILE
PRESS TRAILER CONCERNING 1990 U.S. ROWING CHAMPIONSHIPS -
GRANT IN KIND SERVICES FROM POLICE, FIRE AND SOLID WASTE.
ALLOW FIREWORKS DISPLAY FOR COMMODORES AMERICAN BIRTHDAY BASH
AT BAYSIDE MARKETPLACE.
AUTHORIZE RESTRICTION OF VEHICULAR ACCESS TO CERTAIN STREETS
AND URGE METROPOLITAN DADE COUNTY TO INSTALL TRAFFIC REGULATORY
SIGNS IN MORNINGSIDE NEIGHBORHOOD. (ON 90-DAY TRIAL BASIS. )
PAGE 2 OF 2
NETWVAL CODE NC,
90-480
90-481
90-482
90-483
90-484
90-486