HomeMy WebLinkAboutCC 1989-09-28 Minutest "Ar
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CITY OF MIAMI
f
1 101111
18 '
.,COMMISSION
MINUTES
OF MEETING HELD ON SEPTEMBER 28, 1989
PLANNING & ZONING
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
Ilk
INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
SEPTEMBER 28, 1989
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ITEM SUBJECT LEGISLATION PAGE
NO. NO.
---------------------------------------------------------
1. PRESENTATIONS PROCLAMATIONS AND DISCUSSION 1
SPECIAL ITEMS. 9/28/89
2. RESTRICT PEDDLERS IN FRONT OF BAYFRONT R 89-842 1-2
PARK DURING "DISCOVERY OF AMERICA DAY" 9/28/89
FESTIVITIES.
3. EMERGENCY ORDINANCE: Amend Code Chapter ORDINANCE 2-5
5, Section 5-1: "Amusements" - Provide 10640
exception to hours of operation of 9/28/89
poolrooms with an accessory restaurant.
4. EMERGENCY ORDINANCE: Amend Code ORDINANCE 5-9
Sections 35-91, 35-92, 35-93 and 53- 10641
161(3) - Establish rates at certain on- 9/28/89
street parking meters and off-street
lots - Increase monthly rate at
Municipal Parking Garage No. 5 -
Authorize Off -Street Parking Board to
develop experimental rate structures.
5. DISCUSS AND TEMPORARILY TABLE PROPOSED DISCUSSION 10-13
EMERGENCY ORDINANCE ESTABLISHING 9/28/89
APPROPRIATIONS FOR CAPITAL IMPROVEMENTS
PROJECTS - Establish new projects (See
label 24.)
6. ACCEPT BID: PITMAN PHOTO, INC. - for R 89-843 13-15
furnishing photographic equipment for 9/28/89
Police Department/Special Investigation
Section.
(A) DISCUSS AND TEMPORARILY TABLE M 89-844 15-21
APPOINTMENTS TO LA:"IN QUARTER REVIEW M 89-845
BOARD - Direct City Attorney to draft 9/281189
ordinance deleting limitation which
presents an individual from serving
more than two consecutive: terms (See
labels 50 and 51).
(B) APPOINT AND REAPPOINT INDIVIDUALS
TO LATIN QUARTER REVIEW BOARD
(Appointed were: Daniel Perez, Mariano
Corral, Silvio Diaz, Angel Saqui, Mario
Pestonit and Luis Sabines (See labels
50 and 51).
8. REFER FUNDING REQUEST FROM M 89-846 22-2.6
REPRESENTATIVES OF "1990 GOLDEN GLOVES 9/28/89
TOURNAMENT OF CHAMPIONS" TO SPORTS AND
- EXHIBITION AUTHORITY - Urge Authority
to grant additional monies for event.
;i _
9
(A) PARTIAL GRANT OF FUNDING REQUEST
M 89-847
27-34
FROM "1989 ORANGE BLOSSOM CLASSIC
M 89-848
COMMITTEE" - for inkind services for
9/28/89
use of Orange Bowl Stadium - Allocate
$6,000 previously earmarked for
Bethune-Cookman - Request Manager to
identify additional $9,000 required.
(B) DIRECT CITY ATTORNEY TO DRAFT
AMENDING ORDINANCE PROVIDING FOR NEW
SURCHARGE - to apply to all tickets
issued for events held at City
facilities (See label 11).
10.
GRANT FIESTA BY THE BAY FIRST OPTION ON
M 89-849
34-41
USE OF BAYFRONT PARK - for New Year's
9/28/89
Eve celebration event.
11.
(Continued Discussion) CLARIFICATION BY
M 89-850
41-42
THE CITY COMMISSION THAT MONIES
9/28/89
PREVIOUSLY ALLOCATED TO BETHUNE COOKMAN
COLLEGE WERE MEANT FOR THE 1989 ORANGE
BLOSSOM CLASSIC EVENT, NOT FOR PARADE -
for use of Orange Bowl Stadium (See
label 9).
12.
GRANT REQUEST BY THE BICYCLE CENTER FOR
R 89-851
42-43
STREET CLOSURE - concerning upcoming
9/28/89
event.
13.
SET DATE FOR PUBLIC HEARING CONCERNING
M 89-852
43-52
COMPLAINTS ABOUT PLACEMENT OF TEMPORARY
9/28/89
BARRICADES IN THE MIAMI DESIGN
DISTRICT.
14.
DISCUSS AND REFER TO CITY ATTORNEY
DISCUSSION
52-57
REQUEST RECEIVED FROM MR. LANCE
3/28/89
PASKEWICH FOR REHAB MONIES CONCERNING
THE LUCERNE APARTMENTS PROJECT - Direct
City Attorney to recommend on this
issue.
15.
DISCUSSION REGARDING THE STATUS OF
DISCUSSION
57-72
VARIOUS ISSUES CONCERNING BLACK
9/28/89
FIREFIGHTERS.
16.
APPROVE EXECUTION OF WARRANTY DEED TO
R 89-853
73-74
MIAMI-DADE COMMUNITY COLLEGE CONVEYING
9/28/89
TITLE TO PROPERTY - for expansion of
their Medical Center Campus.
17.
ACCEPT BIDS: (a) PUBLIC SAFETY DEVICES,
R 89-854
75-76
AND (b) METRO DISTRIBUTORS - for
9/28/89
furnishing riot equipment to Police
Department.
18,0
REQUEST CITY ATTORNEY'S OPINION AS TO
DISCUSSION
76-78
WHETHER A CITY COMMISSIONER CAN SUSPEND
9/28/89
CONSIDERATION OF A GIVEN ISSUE UNTIL HE
RECEIVES INFORMATION CONCERNING CAPITAL
IMPROVEMENTS.
19.
ALLOCATE $60,000 FROM GE14ERAL FUND TO
M 89-855
79-83
JAMES E. SCOTT COMMUNITY ASSOCIATION,
9/28/89
INC. (JESCA) - for the Liberty City
Child Care Center.
20. PERSONAL APPEARANCE: RINGO CAYYARD - to DISCUSSION 83-93
—' discuss alleged discrimination by a 9/28/89
�? bank - concerning application for a
UDAG grant for Little Haiti.
i
21. ALLOCATE $56,000 TO GEORGIA AYER'S R 89-856
"ALTERNATIVE PROGRAMS" - disburse 9/28/69
monies upon presentation of bills for
actual costs incurred.
22. (A) REDUCE PRESENT NUMBER OF MEMBERS OF M 89-857
NORTHEAST TASK FORCE TO FIFTEEN. DISCUSSION
(B) BRIEF DISCUSSION CONCERNING 9/28/89
ONGOING PROCESS FOR GRANTING CITY
LOANS.
23. AUTHORIZE MANAGER TO PURCHASE/INSTALL R 89-858
"WELCOME" SIGNS - at entrance of target 9/28/89
areas (Allapattah, Edison -Little River,
Little Havana, Model City, Overtown,
and Wynwood) - Allocate CDBG funds.
24. (Continued Discussion) EMERGENCY ORDINANCE
ORDINANCE: Establish appropriations for 10642
City of Miami Capital Improvements for 9/28/89
fiscal year 1989-90 (See label 5).
25. INSTRUCT CITY ATTORNEY TO DRAFT DISCUSSION
ORDINANCE CONCERNING CREATION OF A 9/28/89
PROPOSED CITY BOARD TO ENFORCE MINIMUM
HOUSING CODE - presently done by the
County.
26. DISCUSSION CONCERNING PROPOSED DISCUSSION
CONSOLIDATION OF ALL POLICE DEPARTMENTS 9/28/89
IN THE COUNTY.
27. SECOND READING ORDINANCE: Zoning atlas ORDINANCE
amendment at 955 S.W. 2nd Avenue, from 10643
RG-2.3/6 to RG-2.3/7 (Applicant: United 9/28/89
Way of Dade County, Inc.)
28. DIRECT MANAGER TO ORGANIZE COLLECTION M 89-859
FOR VICTIMS OF HURRICANE HUGO. 9/28/89
29. (A) DISCUSS AND DEFER AGENDA ITEM DISCUSSION
PZ-2 (proposed First Reading
Ordinance to amend Miami 9/28/89
Comprehensive Neighborhood Plan
by changing land use designation
at 201 & 203 Beacom Boulevard) -
to next Planning and Zoning
meeting.
(B) DISCUSS AND DEFER AGENDA ITEM
PZ-3 (proposed First Reading
Ordinance for zoning atlas
amendment at 201 & 203 Beacom
Boulevard from RG-1/3 TO CR-
3/7) - to next Planning and
Zoning meeting.
3o. APPROVE VACATION/CLOSURE OF ALLEYS - R 89-860
located within Brickell Avenue, S.E. DISCUSSION
14th Lane, S.E. Bayshore Drive & S.E. 9/28/89
14th Terrace (Applicant: Brickell
Gateway, Ltd.).
93-94
94-96
97-99
99-104
104-107
107
108-109
109
110-112
112-114
W
31. APPROVE MAJOR USE SPECIAL PERMIT FOR
R 89-861
GRAN CENTRAL PROJECT - consistent with
9/28/89
Downtown Miami D.R.I. - at
approximately 101-109 N.W. 1st Street,
104-250 N.W. 1st Avenue & 100-11.0 N.W.
3rd Street, part of FEC right-of-way
between N.W. 1st & 3rd Streets.
32. APPROVE SPECIAL EXCEPTION TO PERMIT
R 89-862
DRIVE-IN FACILITY - at 144 S.W. 8th &
9/28/89
153 S.W. 8th Streets (Applicant:
Barnett Bank of South Florida, N.A.).
33. UPHOLD APPEAL BY COCONUT GROVE CIVIC R 89-863
CLUB - Reverse Zoning Board's approval 9/28/89
of Special Exception to allow addition
to existing unit at 3069-71 Day Avenue
(Applicant: Stanley Walker).
34. UPHOLD APPEAL BY COCONUT GROVE CIVIC R 89-864
CLUB - Reverse Zoning Board's appeal of 9/28/89
Variance to allow additions to existing
units at 3069-71 Day Avenue (Applicant:
Stanley Walker).
35. (A) DEFER AGENDA ITEM PZ-14 (proposed DISCUSSION
First Reading Ordinance repealing the 9/28/89
City of Miami Zoning Ordina:ce) - to
next Planning & Zoning meeting.
(B) DEFER AGENDA ITEM PZ-13 (proposed
Second Reading Ordinance amending the
Schedule of District Regulations of the
City of Miami Zoning Ordinance) - to
next Planning & Zoning meeting.
36. DISCUSS AND TEMPORARILY TABLE AGENDA DISCUSSION
ITEM PZ-9 (Appeal by Planning 9/28/89
Department to review Zoning Board's
approval of Special Exception to allow
construction of surface parking lot at
3224 S.W. 23rd Street & approximately
3221 S.W. 23rd Terrace, Victor's Cafe)
(See label 40).
37. SECOND READING ORDINANCE: Change ORDINANCE
zoning atlas at approximately 2400 N.W. 10644
14th Street (Fern Isle Park) from PR to 9/28/89
RG-2/6 (Applicant: City of Miami
Housing Conservation & Development
Agency).
38. SECOND READING ORDINANCE: Amend Code, ORDINANCE
Section 62-62(a) - Provide for waiver 10645
of appeal fees concerning Class C 9/28/89
special permits under certain
circumstances (Applicant: Planning
Department.)
114-118
118-131
131-136
136-137
137-140
140-146
147-154
155
39.
ORDINANCE: Amend 9500
SECOND READING ,
ORDINANCE
156-157
Section 2034: "Community Based
10646
Residential Facilities" - Refine
9/28/89
,+
definition, require Special Exception
i"
to lower census tract cap on client,
4`
increase distance separation between
facilities to establish interior space
standards, require Special Exception
for change of ownership, amend
Definitions to reference Florida
Department of Health and Rehabilitative
Services, amend Principal Uses and
j'
Structures, require City Commission
approval for Special Exception for
(+
CBRFs, for convalescent homes, nursing
homes, orphanages, etc. (Applicant:
Planning Department).
40.
(Continued Discussion) DENY APPEAL BY
R 89-865
157-161
E;
PLANNING DEPARTMENT - Uphold Zoning
9/28/89
i
Board's approval of Special Exception
to allow 42 construction of surface
parking lot at 3224 S.W. 23rd Street
ci
Jji�
and approximately 3221 S.W. 23rd
Terrace, with possible future expansion
4i
to include banquet hall for adjoining
$�
restaurant (Victor's Cafe) (Applicant:
Sonja Zaldivar) (See label 36).
41.
RESCHEDULE REGULAR AND PLANNING AND
R 89-866
161-162
ZONING CITY COMMISSION MEETINGS TO BOTH
9/28/89
TAKE PLACE ON NOVEMBER 16, 1989.
42.
SECOND PUBLIC HEARING OF CITY OF MIAMI
M 89-867
163-189
FY 1989-1990 BUDGET.
M 89-868
A) APPROVE IN PRINCIPLE SPECIAL CADRE
9/28/89
OF POLICE DEPARTMENT TO BE CALLED "CITY
RANGERS" - ALLOCATE FUNDS.
B) RECRUIT 50 INDIVIDUALS, 25 OF WHICH
SHALL PARTICIPATE IN NEXT FIREFIGHTERS
CLASS - INSTITUTE MINIMUM CLASS SIZE
REQUIRED.
43.
SECOND READING ORDINANCE: DEFINE AND
ORDINANCE
189-191
DESIGNATE TERRITORIAL LIMITS OF THE
10647
CITY OF MIAMI FOR TAXATION PURPOSES -
9/28/89
FIX MILLAGE AND LEVY TAXES FOR FISCAL
YEAR 1989-90. (BUDGET)
44.
SECOND READING ORDINANCE: MAKE
ORDINANCE
191-194
APPROPRIATIONS FOR THE CITY OF MIAMI
10648
FOR FISCAL YEAR ENDING SEPTEMBER 30,
9/28/89
1990. (BUDGET)
45.
DISCUSSION OF PROPOSED MILLAGE RATE AND
DISCUSSION
194-195
ADOPTED TENTATIVE BUDGET FOR DOWNTOWN
DEVELOPMENT AUTHORITY.
9/28/89
46. SFCOND READING ORDINANCE: Define and ORDINANCE 195-196
designate territorial limits of 10649
Downtown Development District - Fix 9/28/89
millage and levy taxes for fiscal year
1989-90.
47. SECOND READING; Make appropriations ORDINANCE 197
for the Downtown Development Authority 10650
for fiscal year beginning October 1, 9/28/89
1989.
48. APPROVE SALARY INCREASE FOR WALTER R 89-869 198-199
FOEMAN, ASSISTANT CITY CLERK. 9/28/89
49.
50.
51.
52.
53.
54.
(A) APPROVE SALARY INCREASE FOR CESAR R 89-870
ODIO, CITY MANAGER. 'R 89-870.1
(B) APPROVE SALARY INCREASE FOR JORGE R 89-870.2
FERNANDEZ, CITY ATTORNEY. 9/28/89
(C) APPROVE SALARY INCREASE FOR MATTY
HIRAI, CITY CLERK.
(Continued Discussion) EMERGENCY ORDINANCE
ORDINANCE! Amend Code, Section 62- 10651
78(d) - Remove limitation which 9/28/89
prevents individual from serving more
than two consecutive terms of office on
the Latin Quarter Review Board (See
labels 7 & 51).
(Continued Discussion) APPOINTMENTS TO M 89-871
LATIN QUARTER REVIEW BOARD (Appointed 9/28/89
were: Luis Sabines and Hector Gasca -
See label 7).
FORMALIZE MOTION 89-684 - Allocate R 89-872
$25,000 for cure AIDS Now, Inc. - to 9/28/89
provide home -delivered meals -
Authorize agreement.
APPROVE PURCHASE OF ADDITIONAL R 89-873
MICROCOMPUTERS AND PERIPHERAL EQUIPMENT 9/28/89
FROM UNISYS CORPORATION (under existing
Florida State Bid Award Contract 250-
040-89-1) - for Police Department -
Allocate funds.
APPROVE PURCHASE OF OFFICE FURNITURE R 89-874
FOR SOUTH DISTRICT POLICE SUBSTATION 9/28/89
(under existing Dade County Bid 10-
72) - from Richard Plummer Co., J.C.
White Co., and Camilo Muebles, Inc. -
Allocate funds.
199-201
201-202
202
202-203
203-205
205-209
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 28th day of September, 1989, 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 9:12 a.m. 'by Mayor Xavier Suarez with
the following members of the Commission found to be present:
ALSO PRESENT:
Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
Cesar Odio, City Manager
Jorge L. Fernandez, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez. Commissioner Range then led
those present in a pledge of allegiance to the flag.
1. PRESENTATIONS, PROCLAMATIONS, AND SPECIAL ITEMS.
------------------------------------------------------------------------------
1. Presentation to Miami physician, Dr. Orlando G. Silva for his
contributions to the medical profession as a civic community leader and
proclaiming Saturday, August 26, 1989 as Dr. Orlando G. Silva day.
NOTE FOR THE RECORD: Vice Mayor De Yurre entered the meeting at
9:14 am.
2. Plaque presented to Commissioner J. L. Plummer, Jr. on behalf of Share -A -
Gift program and all the people living with AIDS in the City of Miami.
2. RESTRICT PEDDLERS IN FRONT OF BAYFRONT PARK DURING "DISCOVERY OF AMERICA
DAY" FESTIVITIES.
Mayor Suarez: OK, regular item one. If you have an emergency item,
Commissioner...
Mr. Plummer: Mr. Mayor, on behalf of Christopher Columbus on October the 8th,
I would introduce, at this time, the ordinance pertaining to Bayfront Park
that during the celebration of the Discovery America Day at Bayfront Park, a
restriction of peddlers ordinance be put into effect prohibiting food and
vendors and peddlers from using four blocks in front of the Bayfront Park
area. I so move.
Mayor Suarez: So moved.
Ms. Range: Second.
Mayor Suarez: Seconded.
1
September
28,
1909
Mr. Jorge L. Fernandez: It's really a resolution.
Mr. Plummer: A resolution.
Mayor Suarez: If there's no further discussion, call the roll on that
resolution.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-842
A RESOLUTION CONCERNING THE DISCOVERY OF AMERICA
CELEBRATION TO BE CONDUCTED BY THE HISPANIC HERITAGE
COMMITTEE, INC., AT BAYFRONT PARK ON OCTOBER 8, 1989;
ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS
DURING THE PERIOD OF THE EVENT.
Upon being seconded by Commissioner Range, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
3. EMERGENCY ORDINANCE: Amend Code Chapter 5, Section 5-1: "Amusements" -
Provide exception to hours of operation of poolrooms with an accessory
restaurant.
Mayor Suarez: Second reading of an ordinance entitled Amusements, to provide
an exception to the hours of operation of poolrooms and operated with an
accessory restaurant. Are these some of the ones that should have been second
reading, but now turn out to be first readings because of a notice problem?
Mr. Jorge Fernandez: It cannot be read and passed on second reading because
of notice and advertising.
Mayor Suarez: What if we handle as an emergency on. the basis that ff it was
important to pass it at the prior Commission, it certainly should be important
to pass it on as emergency basis today.
Mr. Fernandez: You may so pass it as emergency ordinance, yes.
Mr. Dawkins: Mr. Mayor.
Mayor Suarez: Yes, Commissioner Dawkins.
Mr. Dawkins: I need somebody up here to explain to me why is it, we raise
hell and ask that items be expedited and every time I look up, they can't be
expedited because it's something - I mean, it's either a legal problem or it's
a this problem. How can this be eliminated?
Mayor Suarez: What was the goof up here and how can we avoid it in the
future? Don't look at me, nobody wants to answer.
Mr. Joe McManus: Mr. Mayor, to my...
Mr. Dawkins: Is this the reason we had to keep Mr. Clark because he's the
only one who knew what he was doing?
Mr. Jorge Fernandez: No, no, no, no, no.
2 September 20, 1909
Mr. Dawkins: OR, well then somebody - well, somebody need to say something if
it's wrong.
Mr. McManus: Mr. Mayor and Commissioners, my understanding is there was in
the collective advertising the first three items on the agenda properly.
Mr. Fernandez: Let's call it benign.
Mr. Dawkins: Mr. Manager, how many of my... I don't want to personalize it...
Mr. Plummer: Legalese.
Mr. Dawkins: How many items are hung up between our office, your office and
some place else?
Mr. Plummer: About three months.
Mr. Odio: I'll have Aurelio Perez answer that, he deals with that on a daily
basis.
Mr. Dawkins: OR, will you send it to me in a memo form, please?
Mr. Odio: Yes, sir.
Mr. Dawkins: Thank you. Thanks, Mr. Mayor.
Mayor Suarez: OR, Commissioner.
Mr. Plummer: Let me ask for a clarification on one. I mean, has it been
moved?
Mayor Suarez: Was it moved, Madam City Clerk? No. I'll entertain a motion
on it. If the Commission would like to do it on an emergency basis, I think
it would be fair to those that have been waiting for it to be implemented for
a long time.
Mr. Plummer: I'll move it for purposes of discussion.
Mr. Dawkins: Second.
Mr. Plummer: Under discussion, Mr. City Attorney.
Mr. Fernandez: Yes, sir.
Mr. Plummer: Do I understand this correct that this is going to be an
accessory to the restaurant or the restaurant is an accessory to the poolroom?
Mr. Fernandez: My understanding is that the restaurant would be an accessory
to the poolroom. The party in interest is here as well as the Planning
Department and they would be...
Mr. Plummer: OR, I guess the question I'm really asking, when we allow them
to go beyond midnight, does the restaurant have to be open?
Mr. Fernandez: Yes.
Mr. Plummer: And the food must be served.
Mr. Fernandez: Yes.
Mr. Plummer: OR.
Mr. Fernandez: Yes.
Mr. Plummer: If they don't serve food, then they can't stay open beyond
midnight.
Mr. Fernandez: That's my understanding.
Mr. Plummer: No, no, let's get it for sure.
Mr. McManus:
Mr. Commissioner,
I would suggest if that is your wish, that we
add that language in there to make
that perfectly clear.
'•':
's
Mr. Plummer:
That this is not a
way to circumvent...
Mayor Suarez:
Yes, it was our
understanding that that would be a one thing
would go with
the other.
'
Mr. Plummer:
I'm not trying to
circumvent the alcoholic beverage so that the
poolroom can
serve drinks until 5:00 o'clock in the morning. Now, I want
language in there that basically states that at all times that that poolroom
f!�
is open, food
and beverage have
- food, in particular - has to be served.
Mr. Fernandez:
The entrance is
to a restaurant.
Mr. Francisco Dias -Rivas: Francisco
there.. .
Dias -Rivas from Cafe Society. Is
Mr. Plummer: No, look, whoa, whoa... I'm not speaking to Cafe Society, when
we change an ordinance, it's for everybody.
Mr. Dias -Rivas: That's right.
Mr. Plummer: Anybody else that comes in in the future so let's talk to the
ordinance.
Mr. Dias -Rivas: No, I'm just saying that the restaurant, there's a definition
as to - it says that it's going to be accessory to the restaurant and
restaurant does have a definition under the code. A restaurant is an
establishment that serves food so you're being redundant, I believe, in -
there is a definition as to what...
Mr. Plummer: Just because the entrance is through the restaurant doesn't mean
they're going to serve food. Now, the point I'm trying to make, I am not in a
position to vote for a poolroom opening up till 5:00 o'clock in the morning
who's going to be circumventing the alcoholic and beverage hours. What I'm
saying is, that as long as that poolroom is open, that the food has got to be
served and if they don't serve food, they close the poolroom.
Mr. McManus: We'll make the correction to the effect that whenever the
poolroom is open, the restaurant is open and it's serving food.
Mr. Plummer: Simply said to me is that the poolroom cannot be open if food
and beverage is not being served.
Mayor Suarez: With that modification, you've got a motion.
Mr. Plummer: I made the motion, it was seconded.
Mayor Suarez: And we have a second.
Mr. Dawkins: Second.
Mr. Plummer: Just for the record, I think you'd be hard pressed to justify an
emergency, but since nobody's contesting it, I'll vote for it.
Mayor Suarez: OK, the nature of the emergency would be that this is a matter
that would otherwise have gone on second reading today and this way we're
allowing the ordinance to go into effect at the time that we thought that it
was proper for the health and safety of our citizens to pass it in the first
place. Any further discussion? If not, please read the ordinance, Mr. City
Attorney.
Mr. Fernandez: Yes, you need four -fifth vote on this and two votes must be
taken.
Mayor Suarez: Call the roll.
4 September 26, 1969
AN EMERGENCY ORDINANCE AMENDING THE CODE OF THE CITY
OF MIAMI, FLORIDA, BY AMENDING SECTION 5-1 OF CHAPTER
5, ENTITLED "AMUSEMENTS," TO PROVIDE AN EXCEPTION TO
`.; THE HOURS OF OPERATION OF POOLROOMS WHEN OPERATED WITH
AN ACCESSORY RESTAURANT; CONTAINING A REPEALER
PROVISION, SEVERABILITY CLAUSE AND PROVIDING AN
EFFECTIVE DATE.
jiiWas introduced by Commissioner Plummer and seconded by Commissioner
I; 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 J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
j 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 J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10640.
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.
4. EMERGENCY ORDINANCE: Amend Code Sections 35-91, 35-92, 35-93 and 53-
161(3) - Establish rates at certain on -street parking meters and off-
street lots - Increase monthly rate at Municipal Parking Garage No. 5 -
Authorize Off -Street Parking Board to develop experimental rate
structures.
Mayor Suarez: Item two, second reading.
we didn't notice?
Mr. Jorge Fernandez: Correct.
Is this another one of the ones that
Mayor Suarez: Is there an important reason why this one should be passed as
an emergency ordinance?
Mr. Jack Mulvena: Actually, Mayor, it's critical. You've already passed our
budget and our capital program so we've already prepared to go into the fiscal
year and if it's not passed on an emergency basis, we're...
Mr. Plummer: Move it.
Ms. Range: Second.
Mr. Mulvena: ...not getting any revenue for two months, really.
5 September 28, 1909
y
Mayor Suarez: Moved and seconded. Doctor, are you going, to address that?
Dr. Albano: Yes, sir.
a
Mayor Suarez: Supportive, I hope.
Dr. Albano: No.
'i
Mayor Suarez: No, OK, let's hear from...
Dr. Albano: OK, my name is Dr. Albano, I'm located at 1465 So. Miami Avenue.
S €4
For the last two years, I've had a problem with Off -Street Parking myself, and
a number of other medical offices. We've asked them to increase the time
`t!
limit on the parking meters from 20-minute meters to at least an hour and
=j
twenty minutes, which they originally were.
! Si
i
t
Mayor Suarez: They're maximum 20-minute meters?
-''
Dr. Albano: Twenty -minute meters in that area.
j I
Mayor Suarez: You can't put any more coins in there to get more than 20
minutes?
Dr. Albano: We were told you have to put a jar of quarters in our reception
�!
area and have people go out and put quarters in the meters. We asked them
please to increase it to an hour and twenty minutes. Patients are in the
offices getting treatment, either the dental office...
=
Mayor Suarez: Yes, obviously 20 minutes should not be the case in any part of
the City that I'm aware of. Jack...
Mr. Plummer: No, no, you got fifteen minute...
11 Mayor Suarez: I don't think we have 15 minute meters anywhere.
Mr. Mulvena: We don't have any meters that stop at fifteen minutes.
Dr. Albano: No, I didn't say 15, I said twenty.
Mr. Mulvena: Well, they don't stop at twenty.
Mayor Suarez: Do we have any that stop at twenty, a third of an hour?
Mr. Mulvena: The minimum meter we have is for an hour in our entire inventory
and they go to two hours and f orty... and whatever he wishes to do, we can
accommodate him. This is surprising.
Dr. Albano: Well, I had a meeting with two representatives from Off -Street
Parking myself, and the other two doctors, and their bottom line answer was,
have a jar of quarters and have the patients keep going out and putting
quarters in them. And we think it's unfair.
Mayor Suarez: Will you be satisfied, Doctor, if the meters would...
Dr. Albano: The original meters that were there when we first opened about
two years ago was an hour and twenty minute meters per quarter which is what
we like.
Mr. Plummer: Put two hours in it.
Mayor Suarez: Oh, per quarter...
Dr. Albano: Yes.
Mayor Suarez: ...that's different. That's not what we're talking about.
Mr. Plummer: Per, oh, no, no, no....
Mr. Dawkins: No, no, not for a quarter.
Dar. Albano: We'd like - all right, if you make them up a little bit longer
than sixty minutes, we would appreciate that.
6 September,28, 1989
Mayor Suarez: What are the rate...
Mr. Dawkins: Hold it, now. What's going to be the cost per hour?
Mayor. Suarez: Yes, what are the rates now as opposed...?
Mr. Dawkins: What are the rates going to be per hour, Jack?
Mr. Mulvena: In that area, the rates are seventy-five cents an hour.
Mr. Dawkins: OK.
Mr. Mulvena: For everybody else. You know, I mean, the entire - remember,
we're going from a dollar an hour...
Mayor Suarez: Seventy-five cents an hour which is 25 cents for 20 minutes. A
quarter for 20 minutes. And what are you proposing to go to with this
ordinance?
Mr. Mulvena: No, that's exactly where we are, we're not changing any meters
in this ordinance.
Mayor Suarez: We're not changing.
Mr,. Mulvena: That's why this is a bit of a surprise.
Mr. Dawkins: OK, all right, now will an hour and a half, Doctor, sort of tie
in with your examinations so that people can get in and out?
Dr. Albano: Yes, sir. Yes, sir, I'd appreciate that.
Mr. Mulvena: We can extend the hours....
Mr. Dawkins: OK, well I'd...
Mr. Mulvena: But not the rate.
Mayor Suarez: Why don't you move that as a modification then. At least you
provide that the meters go for an hour and a half even if it does mean another
quarter and a half.
Mr. Dawkins: OK?
Mayor Suarez: Try putting a half a quarter in there.
Mr. Dawkins: Is that all right, Doctor?
Dr. Albano: Yes, sir.
Mayor Suarez: Hour and a half meters, but the same rate..
Mr. Dawkins: I move that the rates be - time be extended and the rates be the
same one.
Mayor Suarez: OK, with the modification as to the total time being 90
minutes, the rates are not changed.
Mr. Plummer: For clarification. Aren't the meters on Biscayne Boulevard in
the median 15 minute meters? Aren't they 25 cents a 15 minutes?
Mr. Mulvena: No. No, you can park in the Biscayne median up to two hours
for, you know...
Mr. Plummer: How much per quarter?
Mr. Mulvena: It's actually 15 minutes per quarter.
Mr, Plummer: That's what I thought.
U
2
Mr. Plummer: OK.
Mr. Mulvena: That's our highest metered area in the Biscayne Boulevard which
is... but you can put 8 quarters in there if you like and spend two hours.
Mr. Plummer: Yes, and then you walk around with a list to the starboard side.
Mayor Suarez: OK. In Miami you need to have a lot of quarters in your
pockets. Have you looked at the possibility of any other kind of system,
credit cards, etcetera?
Mr. Mulvena: Well, you know, we're looking at - our sister agency, the
Metromover is trying a change machine downtown and if it stands up to the
pressure of people attacking it, what not, we're thinking of placing those in
our most popular lots including the one that J.L. mentioned.
Mr. Plummer: Well, let me tell you, when I was just recently in Vancouver, I
went into a parking garage. There was no attendant, you merely stuck your
American Express card in there and that was it.
Mayor Suarez: Yes.
Mr. Plummer: Now why, if they can do it up there, aren't we that smart?
Mr. Mulvena: We can introduce some of those...
Mayor Suarez: You'd probably end up getting more revenues, Jack, a lot of
people would feel, you know, that they could go ahead and use their credit
card and not have to quarters around with them and use the parking more.
Mr. Mulvena: Yes, yes... J. L., we tried_ one of those in the Biscayne
Boulevard surface lot, by the way, but the humidity and what not down in our
area rendered them, you know, inefficient, so once they went down...
Mayor Suarez: Ah ha, we need high humidity resistant parking meters with
credit cards.
Mr. Mulvena: Yes. Well, the credit cards, but also the dollar. You put the
dollar in and it's very wet and humid and what we found was it would shut
down.
Mayor Suarez: It's a sign of clammy hands.
Mr. Mulvena: And when it shut down, the whole surface lot shut down so we put
the meters back. But in house, where you're suggesting, it would probably
have a better chance where it isn't as humid and there's not so ►riuch sun
outside.
Mayor Suarez: In parking facilities, yes.
Mr. Mulvena: Yes, but we'd like to try that.
Mayor Suarez: OK, with those modifications, we have a motion and a second.
Read the ordinance, please.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY
TITLE ONLY.
Mr. Fernandez: Let me correct myself, Mr. Mayor, as I read this ordinance the
title of it, I realized, that the effective date of it would be immediately
because this ordinance is being passed as an emergency ordinance.
Mr. Plummer: Mr. Mayor, just for your edification, I have asked Jack to take
before his board that, you know, everybody around here every one in a while
has to eat some of the subsidy. And I'vo asked him to take before his board
the Off -Street Parking Authority buying the parking lot at the downtown
government number five and let them eat some of that losses. They're doing
well, they have excess funds. That's a million dollars a year that the City
could keep in its general fund.
Mayor Suarez: OK. That will be subject to final Commission action.
B September 20. 1909
Mr. Plummer: Well, the board has to approve that they're willing to buy it
and then, of course, yes.
Mr. Dawkins: And me too. Must be going to change the board.
Mayor Suarez: OK, moved and seconded. You've read the ordinance,
the roll.
Mr. Fernandez: As corrected.
Mayor Suarez: As corrected, modified too.
�I AN ORDINANCE ENTITLED-
. �kl
AN EMERGENCY ORDINANCE AMENDING SECTIONS 35-91, 35-92,
is
35-93, AND 53-161(3) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY ESTABLISHING RATES AT CERTAIN
ON -STREET PARKING METERS AND CERTAIN OFF-STREET LOTS;
INCREASING THE MONTHLY RATE AT MUNICIPAL PARKING
E T VE DATE OF
�f
GARAGE 1,40. 5; FURTHER PROVIDING AN EFF C I
NOVEMBER 1, 1989, FOR THE HEREIN RATE CHANGES;
RATIFYING AND CONFIRMING ALL ACTS OF THE OFF-STREET
PARKING BOARD AND ITS DIRECTOR AS TO RATES HERETOFORE
CHARGED; FURTHER AUTHORIZING THE OFF-STREET PARKING
BOARD TO DEVELOP EXPERIMENTAL RATE STRUCTURES AND TO
INITIATE RATES FOR NEW FACILITIES DURING THE FISCAL
YEAR; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and
Range, for adoption as an emergency measure
requirement of reading same on two separate days,
following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Mayor Xavier L. Suarez
NOES: Vice Mayor Victor De Yurre
ABSENT: None.
please call
seconded by Commissioner
and dispensing with the
which was agreed to by the
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Range, adopted said ordinance by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Mayor Xavier L. Suarez
NOES: Vice Mayor Victor De Yurre
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10641.
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.
9 September 26, 1989
ON
om
5. DISCUSS AND TEMPORARILY TABLE PROPOSED EMERGENCY ORDINANCE ESTABLISHING
APPROPRIATIONS FOR CAPITAL IMPROVEMENTS PROJECTS - Establish new
projects (See label 24.)
----------------•-------------------------------------------------- ------
Mayor Suarez: Item three, also another one of the...
Mr. Plummer: Move it.
Mayor Suarez: ...ordinances presumably that has to be passed as an emergency
If we're going to give it second reading, effect today. Is that correct, Mr.
City Attorney?
Mr. Jorge Fernandez: Correct.
Mayor Suarez: OK.
Ms. Hirai: Mr. Mayor...
Mayor Suarez: Yes.
Ms. Hirai: One clarification, it's not by reading that it takes effect, it's
upon publication. Emergencies take effect upon being published.
Mr. Fernandez: Correct. I stand corrected.
Mr. Plummer: Read it.
Mayor Suarez: Moved and seconded.
Mr. Dawkins: Hold it. Under discussion.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: Where is the money for the pool, the Range pool, and the...
Mr. Odio: No, the Range pool is done, Commissioner.
Mr. Dawkins: OK. Where is the money for the Hadley pool and the - what's
that project we wanted .for the youths?
Mr. Odio: Youth center.
Mr. Dawkins: Youth center. Where is that in here?
Mr. Eduardo Rodriguez: On page sixteen.
Mr. Dawkins: Page 16, all right, bear with me till I find 16, please.
Mr. E. Rodriguez: Item 42 and 43, sir.
Mr. Dawkins: All right, sixteen.
Mr. E. Rodriguez: Both pool are there.
Mr. Odio: I would never take that...
Mr. Dawkins: Sixteen, forty-two what now?
Mr. E. Rodriguez: Forty-two, forty-three are the pools and 46 is the youth
center.
Mr. Dawkins: All right, 46 its the youth center.
Mr. E. Rodriguez: That's correct.
Mr. Dawkins: So that's 3 million dollars for the youth center.
Mr. E. Rodriguez: Three point one, yes, sir.
10
y
Mr.
Odio: Three million,
one hundred thousand.
Mr.
Dawkins: All right.
So we're squared away and
that will do - the 3.1
will
do the youth center.
of
Mr.
Odio: Not the first
phase of it.
'3
Mr
De Murree It'll re
are the fields it will -
you can build the main
p p 0
structure, main facility, with that. And then the other things will come
along as money is available. Such as the pool and some other things.
Mr. Dawkins: Did we make this a priority with the legislators?
Mr. Odio: We'd receive $100,000 from the legislators...
Mr. Dawkins: I mean for the ninety...
Mayor Suarez: For the coming session.
Mr. Odio: We have it as one of our priorities.
Mr. Dawkins: All right, sir.
Mr. Odio: We have it as one of our items, yes, sir.
Mr. Dawkins: OK, see, you mixing apples and oranges over me.
Mr. Odio: No, I...
Mr. Dawkins: I know we have it as one of our item, is it a priority item?
Mr. Odio: Well, the top priority item was the growth management act in trying
to...
Mr. Dawkins: OK, all right, hold it, all right, when...
Mr. Odio: ...which is more im...
Mr. Dawkins: ...when will we see this list so that we can prioritize it?
Mr. Odio: I think we can have it... next month, we will haTre it because we
want to be up there early.
Mr. Dawkins: OK, all right, now.
On page twenty what?
Mr. E. Rodriguez: Sanitation is...
Mr. Dawki;is: Sir?
Where is the garbage sanitation equipment?
Mr. E. Rodriguez: ...page 25 and 26.
Mr. Dawkins: All right. What equipment are you buying for seven - what is
that? -seven thousand, five hundred and twenty dollars?
Mr. E. Rodriguez: The first one, you say? Number one in sanitation?
Mr. Dawkins: Yes.
Mr. E. Rodriguez: OK.
Mr. Dawkins: How much money is that we're spending?
Mr. E. Rodriguez: OK, that is an old account that is a continuation of an old
account. That account has left $150,000.
Mr. Dawkins: So, you're not spending $750,000, you're spending a hundred and
fifty thousand dollars.
}
V ,f
oi
Mr. Dawkins: Beg your pardon?
Mr. Rodriguez: The total budget under this account was $752,000.
Mr. Dawkins: Is this a capital expenditure budget for '89-190 or is it for
1980 through 1990?
Mr. E. Rodriguez: OK, the capital budget is an account that opened with a
f, total budget and is being closed with that same amount. So what you have left
t;< for expenditure, is the amount that is left in the account.
{ j,3
Mayor Suarez: The Commissioner, as the rest of us are trying to get at, how
i 1
much is going to be spent in the next five years, which is what the capital
budget is for, not what was spent in the past. Is that correct?
Mr. E. Rodriguez: OK, this year we are adding, in 1990...
Mr. Dawkins: OK, let me simplify it. Give me - I move that this be totalled.
i( Bring me a list, after 2:30, of the capital equipment that you're purchasing
in the Fire Department, the Sanitation Department, and in the General
—; Services.
Mr. E. Rodriguez: OK.
Mr. Dawkins: Dump trucks and what have you.
Mr. E. Rodriguez: All right.
Mr. Dawkins: I want to see it spelled out item by item because I don't see it
here. I see you got 8.4 million dollars, but I don't know what it's being
spent for. Will you bring that back?
Mayor Suarez: The breakdown of the equipment.
Mr. Dawkins: Can you bring that back, Mr. Manager?
Mr. Odio: Commissioner, I want you... on the Solid Waste equipment, we have a
million dollars on COP notes that we will be using very recently and it's not
part of the capital budget. It's part of the general fund, but, so we have
out of GSA. We'll give you a list.
Mr. Dawkins: Bring me a list that I can vote on with these five Commissioners
so that it will not be changed and we know it will be done.
Mr. Odio: Well, what I was saying, it won't be here but it's part of the GSA
budget. You'll be voting...
Mr. Dawkins: I want to know, sir, what you are going to purchase in the line
of heavy equipment. I do not want, me personally, now I don't know about
nobody else. I don't want no more emergency vehicles rehabbed because it's
1990 and we've been rehabbing them ever since I've been here. I don't need no
more cranes with the Sanitation Department rehabbed. We've been rehabbing
them ever since I've been here. When are we going to buy... we will never Se
up with the new state of the arts equipment if we don't purchase it. If we
just keep rehabbing and rehabbing, we never will have anything new. So, I
don't want to rehab anymore, I want to know what we're going to purchase and I
move that this be...
Mayor Suarez: We're tabling the item until the afternoon. Get him the
breakdown of the durable goods or capital goods budget for the next five
years. Mr. Manager, why is the other equipment that you referred to for
sanitation, a million dollars worth, not in the capital plan?
Mr. Odio; That's some bonds that we sold three and a half years ago that
we're using as part of the GSA budget which is called the COP notes.
Mayor Suarez: But those are notes for what period of time?
Mr. Odio: It wasn't for a period of time, that's...
12 September 28, 1989
Mayor Suarez: Seven, eight, ten year notes? What period of time notes are
they?
'r14
Mr. Odio: No, no, it's monies that we sold. We put it in the bank and we
+; used them. We used 10 million dollars, we used nine million dollars already.
We got a balance of one million. They had no deadline on it.
Mayor Suarez: For some reason, you don't include it in the capital budget
items that are durable goods. I'm not sure I understand that accounting
system.
THIS ITEM WAS THEN TABLED PENDING RECEIPT OF ITEMIZED BUDGET APPROPRIATIONS.
� I
l
-' ------------------------------------------------------------------------------
6. ACCEPT BID: PITMAN PHOTO, INC. - for furnishing photographic equipment
`'. for Police Department/Special Investigation Section.
2
Mayor Suarez: OK, item four. Accepting the bid of Pitman Photo, Inc.
Mr. Plummer: Question.
Mayor Suarez: Furnishing photographic equipment.
Mr. Plummer: Why was the lowest bidder not selected?
Lt. Joseph Longueira: Sir, I believe they selected the bidder that's in the
City of Miami. The low bidder is way out in Dade County. It's $47.00
difference in the bids.
Mayor Suarez: And we have a 5 percent preference for local bidders, that's
true, in the ordinance.
Mr. Plummer: I'm fully in concurrence if that's the case. I have no problem.
Mayor Suarez: OK.
Mr. Plummer: I just, as you know, I'm totally opposed to this, Mr. Mayor.
You're talking about ten cameras which I don't think ten are necessary by any
stretch of the imagination.
Mr. Dawkins: What is it? What item....?
Mr. Plummer: They have not bought a standard camera, they bought a very
luxurious camera. Each one comes to a total of - if a full complement - of
about $1200. We can even find one for the Publicity Department. If you look
at these cameras, they're four hundred and....
Mr. Dawkins: So let's buy five then instead of four.
Mr. Plummer: ...about $450 per camera. You add all of the lenses and
everything to it, ten of them, not one or two, ten - they come to almost $1200
a unit and I think it's a waste of money. So I'm just putting that on the
record. It's because it's Law Enforcement Trust Funds, I guess they're a
different color money but I just think it's over, over luxurious as far as
this is concerned.
Mr. Dawkins: Mr. Mayor.
Mayor Suarez: CoLmissioner Dawkins.
Mr. Dawkins: Joe, in page eight, the bid sheet, tabulation of bids. You got
Phil Camera at eighty-five oh four and you got Pitman at eighty-five fifty,
yet you recommend Pitman as the low bid. Why?
Mr. Plummer: They're in the City.
Mr. Dawkins: They're what?
Lt. Longueira: They're a business in the City, sir.
13 September 28, 1989
Mr. Plummer: In the City, five percent edge.
! k.
Lt. Longueira: And there's only a forty-seven dollar difference in price.
?' They're a City business.
Mr. Dawkins: City business.
Mr. Plummer: Say, you know we re a - I got a problem. Sorry, are you
finished, Commissioner?
Mr. Dawkins: I don't have a problem with it. Go ahead, J.L.
Mr. Plummer: You know, I got a problem, Joe, all right? My problem aside,
which I've already stated for the record, if you look at what is the criteria,
you cannot convince me that there are only sixteen stores in this town that,
in fact, sell photographic equipment and cameras. There are hundreds of them.
Sir, according to your criteria, you sent out bids to 16 individuals. You
only got back two. Something is wrong with our bidding procedure. Now, I
don't know why we have to have a Canon 650 EOS camera. There are many good
cameras on the market. I can buy a Nikon for less money than what you're
r buying here, OK? But my question is, something is wrong when, in the camera
i business, $8,000 worth of business, you only have sixteen bids that you sent
out. There are hundreds of camera stores in this town.
Mayor Suarez: Only have sixteen bids, is that you said?
�y
Mr. Plummer: That was it.
-i
Mayor Suarez: Sixteen bids is a lot of bids for an $8,500 item.
Mr. Plummer: No, excuse me, sir. That's what they sent out. They only got
two bids total.
Mayor Suarez: I don't want to spend too much money on notifying people of an
$8,500 bid. Remember, we're proposing, or we have proposed in the past, to
give the Manager authority up to $10,000, this item wouldn't even come on the
agenda if we did that.
Mr. Plummer: OK, hey...
Mayor Suarez: It's not a large amount, J. L.
Mr. Plummer: I made my point.
Mayor Suarez: Yes, you don't think that they should spend the money on this
equipment.
Mr. Plummer: OK, I said that there is a problem in this City with a bidding
procedures. I still say that and I think this is another good example. I
guarantee, if I go to yellow pages, which they said they did...
Mayor Suarez: Right.
Mr. Plummer: ...there's more than 16 stores that sell cameras.
Mayor Suarez: And it is like pulling teeth to get people, vendors, potential
vendors, on our list of people who get notices. You can to call the
department, you have to get on their backs that there should be an automatic
way, like maybe the Commissioner is suggesting, from the phone book or some
other way, Lieutenant, and Ron. Maybe using the phone book for potential
suppliers, people are not getting our notices a lot it seems like. We
appreciate when you handle individual people who want to be on our mailing
list, but maybe there should be a systematized way of reaching more people.
Commissioner is concerned about only two bids here. I think it's a valid
concern even though the amount is not that high. OK, do we have a motion on
this, Madam City Clerk?
Ms. Hirai: No, sir.
Mayor Suarez: I'll entertain a motion on item 4.
14 September 26, 1909
Ms. Range: I'll offer the motion, Mr. Mayor.
Mr. Dawkins: Second.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll.
The following resolution was introduced by Commissioner Range, who moved
its adoption:
RESOLUTION NO. 89-843
A RESOLUTION ACCEPTING
THE BID OF PITMAN PHOTO, INC.
FOR THE FURNISHING OF
PHOTOGRAPHIC EQUIPMENT FOR THE
DEPARTMENT OF POLICE/SPECIAL INVESTIGATION SECTION AT
#;
A PROPOSED COST OF
$8,551.00; ALLOCATING FUNDS
THEREFOR FROM THE LAW
ENFORCEMENT TRUST FUND PROJECT
CODE NO. 690001 ACCOUNT CODE NO. 290904-996;
AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THIS
EQUIPMENT.
(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 M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
7 (A) DISCUSS AND TEMPORARILY TABLE APPOINTMENTS TO LATIN QUARTER REVIEW
BOARD - Direct City Attorney to draft ordinance deleting
limitation which presents an individual from serving more than two
consecutive terms (See labels 50 and 51).
(B) APPOINT AND REAPPOINT INDIVIDUALS TO LATIN QUARTER REVIEW BOARD
(Appointed were: Daniel Perez, Mariano Corral, Silvio Diaz, Angel
Saqui, Mario Pestonit and Luis Sabines (See labels 50 and 51).
Mayor Suarez: Item five.
Mr. Guillermo Olmedillo: Item five, Mr. Mayor, Commissioners, is Latin
Quarter.
Mayor Suarez: Appointment of individuals to the Latin Quarter Review Board.
Is Sylvia Diaz going to be officially a member as of today, hopefully,
Guillermo?
Mr. Olmedillo: If you want, if you vote. If you - that's one of your
candidates, yes, sir.
Mayor Suarez: No, sir, I don't need to vote any more. I've already voted and
this Commission has already resolved it. If you want to take another vote on
it, we'll take another vote on it. I don't know why we should have to, but
we'll...
Mr. Plummer: Whose appointments are up?
Mr. Olmedillo: There's no need. Right now, you have one appointment for the.
Mayor; two appointments for the Vice Mayor; Commissioner Range, one;
Commissioner Plummer, two; Commissioner Dawkins, one. There are seven
appointments to be made.
l.5 September 2�, i9��
I
r
I
Mr. Plummer:
Are there any for renomination,
re-election?
Mayor Suarez:
T think Sabines is...
�i
Mr. Plummer:
Who's my two?
Mayor Suarez:
You have Cheezam and
Sabines, I think.
Mr. Olmedillo:
Sabines has served
for two periods already so he's out of the
(�!
running.
Mayor Suarez:
Oh, so it's Cheezam
then.
Mr. Olmedillo:
And Bob Cheezam, I
believe, is in the same situation.
Mayor Suarez:
Y
So you have to make
Y
two new appointments.
Mr. De Yurre: I think, you know, when this whole concept of two terms was
thought of, I bet you nobody thought it was going to take this long.
Mr. Plummer: Nobody thought they'd last that long.
Mayor Suarez: I have no problem if the Commission wants to take away that
requirement to provide continuity and reappoint everybody.
Mr. Plummer: Well, not necessarily to reappoint everybody but I'll so move
to...
Mayor Suarez: No, I mean we take away that requirement.
Mr. Plummer: I'll so move that that requirement be re...
Mayor Suarez: By emergency ordinance?
Mr. Jorge Fernandez: By emergency ordinance if you want to do it.
Mr. De Yurre: I'll second that.
Mayor Suarez: Moved and seconded. Emergency ordinance, I guess, we'll need
the wording of it this afternoon.
Mr. Fernandez: Yes, I'll bring it back to you this afternoon.
Mayor Suarez: If there's no further discussion, please call the roll.
a The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 89-844
A MOTION INSTRUCTING THE CITY ATTORNEY TO BRING BACK
TO THE CITY COMMISSION, LATER ON THIS SAME DATE, AN
AMENDING ORDINANCE WHICH WOULD REMOVE FROM THE PRESENT
ORDINANCE THE LIMITATION OF ALLOWING MEMBERS OF THE
LATIN QUARTER REVIEW BOARD TO ONLY SERVE A MAXIMUM OF
TWO CONSECUTIVE TERMS.
(Note: See Ordinance 10651.)
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
16 September 28, 1989
Mayor Suarez: Yes, Tess.
". Ms. Tessi Garcia: Good morning, Mr. Mayor, and Commissioners. Can you hear
me well? I'd like, it's important to clarify what the role of the Latin
Quarter Review Board and if you'll give me an opportunity, I'd like to explain
it a bit in their behalf.
Mayor Suarez: We're all very familiar with the Latin Quarter Specialty - I
mean Review Board. Unless anybody has any questions, I'd just get on with the
appointments and with the rest of our agenda.
Mr. De Yurre: Well, what I would like to know is, when are we going to get
the appraisals that we've been asking for for months?
Mr. Odio: They are in process and we will. get the report back from the
appraisals, hopefully, soon.
Mr. De Yurre: We were supposed to have had them alreedy because when we spoke
about this, you said it would take three months to get them and that was last
month that we should have gotten the.
Mr. Odio: They are not back yet, Commissioner. I'll trace them and see
where....
Mr. De Yurre: Can you follow up on that and let me know so that we can
proceed with this?
Mayor Suarez: Appraisals shouldn't take that long. These people are getting
pretty good money to give us appraisals. I don't know why it would take that
long.
Ms. Garcia: Mayor, Commissioners, please...
Mayor Suarez: Briefly tell us about the Latin Quarter Review Board. I know
that it reviews the architecture to try to keep a Mediterranean style in that
area of the Little Havana.
Ms. Garcia: Well, the only problem seems to be that of the membership
guidelines for the design professionals and the other members that have an
affinity to the Latin Quarter Review Board, Mayor, due to the geographical
limitations. But it is important to understand...
Mayor Suarez: I think we took away all of the geographical limitations, did
we not?
Mr. Olmedillo: You did, sir, you...
Mr. Plummer: No.
Ms. Garcia: No, Mr. Mayor.
Mayor Suarez: By ordinance? I know we took out that silly reference to
people coming from Latin areas, whatever that meant.
Mr. Olmedillo: The new provisions do not require the people to be in the
design professions. They can be recommended to be for the design professions
but you are free to nominate...
Mayor Suarez: All right, but we also took out the geographical reference to
them coming from Latin areas, did we not?
Mr. Olmedillo: Right. They either have to be business people in the City,
have business in the City, or reside within the City.
Mayor Suarez: Or be residents? Do you have any problem with that?
Ms. Garcia: Well, yes. It isn't...
Mayor Suarez: You want them to be people who neither reside there or have
businesses there.
Me. Garcia: Yes. No.
Mo
17 September 28, 1909
Mayor Suarez: That drive through there.
Ms. Garcia: What we need is technical. We need professionals, we need
architects, engineers, landscapes and we can have some business people too.
We are proposing, Mr. Mayor, to include a mandatory membership qualification
to be at least three architects, two engineers, one landscape architect....
Mayor Suarez: That was what we changed by ordinance before.
Ms. Garcia: We're proposing an amendment, if you could just give me a
chance...
Mayor Suarez: I told you that I would move to abolish this board and if I got
three votes, there would be no board.
Ms. Garcia: Well, sir, at this moment, for this Commission to disband the
Latin Quarter Review Board will send a terrible message to the Latin
community.
Mayor Suarez: I'm not sure it would, but you can take it that way if you
like.
Ms. Garcia: Let me explain to you, Mr. Mayor. The board members, if they
don't have the expertise of the architectural background. Without this
expertise to read and review architectural plans and drawings, the board
cannot act. If this participation of the design professional is not
mandatory, there will be occasions when this expertise might not be available
at a board meeting and the board will be unable to perform this function, Mr.
Mayor.
Mayor Suarez: Tessi, has Luis Sabines been a good functioning member of this
board?
Ms. Garcia: Yes, sir, he's been extremely helpful. He keeps us in cue.
Mayor Suarez: OK, is he an architect?
Ms. Garcia: He keeps us in cue, sir. He has not been able to make any
review. We...
Mayor Suarez: All right, so you say that, obviously, although he doesn't meet
these qualifications that you're proposing, he's been a very useful member of
the Latin Quarter Board.
Ms. Garcia: Mr. Mayor, yes.
Mayor Suarez: So he's an example against your argument, right?
Ms. Garcia: Yes, and we're looking forward to Mr. Hector Gasca. He's
representative as a business professional. But we meet once a month to review
and recommend for approval or rejection, an application of Class C permit.
Without having the proper professional people in the board, we cannot do that
recommendation to the department, Mr. Mayor.
Mayor Suarez: OK, are interior decorators included in your definition of...
Ms. Garcia: No, Mr. Mayor, I act as a business person because we do not
review interior design.
Mayor Suarez: You, yourself, don't meet these qualifications that you're
proposing?
Ms. Garcia: I am a business person and civic activist. Mine comes as a
fringe benefit.
Mayor Suarez: That's the kind of people we want on this board.
Ms. Garcia: Mr. Mayor...
Mayor Suarez: If we want a technical board, for that we have our staff to
make recommendations to us.
i8 September 26, 1989
Ms. Garcia: Mr. Mayor, I repeat to you, the work of the board consists of
reviewing technical drawing. Mr. Sabines has not been able to review any
technical drawing, Mr. Mayor. He keeps us in cue, he has given you...
Mayor Suarez: So are you proposing that you and Mr. Sabines not be on this
board?
Ms. Garcia: I'm a civic activist.
Mayor Suarez: That's who we want on the board.
Ms. Garcia: We are requesting that we would have civic activists and business
person.
Mayor Suarez: And if we want a technical board, we will...
Ms. Garcia: We want mandatory, Mr. Mayor. We need mandatory representation,
so we can review the drawings.
Mayor Suarez: All right.
[; Mr. De Yurre: I have no problem, name an architect. I have no problem with
that.
Mayor Suarez: I'm not going to vote to change any regulations. We just
changed them to make it more flexible.
Ms. Garcia: Let me explain to you very important. If you would let me read
what I wrote to you, you would understand very easy.
Mayor Suarez: I doubt it but go ahead.
Ms. Garcia: Well, I submitted to you already and explained that the work of
the board consists of reviewing technical drawings. You've heard that
already. Therefore, the work of the board requires the expertise of
architects, engineers, and members of the design professional as mandatory.
This is the basic role of the board. We're not a task force. We review Class
C permit. Now, let me explain to you...
Mr. De Yurre: I'm ready to appoint...
Ms. Garcia: ...we find additional, we find that at times the plans submitted
do not have the benefit of qualified architects, engineers or landscapes.
Mayor Suarez: Well, then maybe you ought to be making recommendations to us
of people that you think have the expertise, but I'm ready to make the
appointments. I think the rest of this Comm...
Ms. Garcia: I have, sir. I have submitted to you a letter, sir.
Mayor Suarez: I think the rest of this Commission is ready to make their
appointments, so if there's no...
Ms. Garcia: I have submitted a...
Mayor Suarez: If there's nothing further from the Commission, Commissioners,
do you have your appointments ready?
Mr. De Yurre: I have mine. I'm supposed to have two, I believe, from looking
at this.
Mayor Suarez: Yeti.
Mr. De Yurre: I'm going to name...
Mayor Suarez: You have one here - no two, you're right.
Mr. De Yurre: I'm going to name Daniel Perez who is an architect and also
Mariano Corral who is a landscape architect.
Ms. Garcia: Thank you, Victor.
Mayor Suarez: Sylvio Diaz who is a member of that area, the only resident
possibly in it is my appointments. Any - Commissioner Plummer, do you have
yours? Do you want to reappoint someone?
Mr. Olmedillo: You may reappoint.
Mr. Plummer: Yes, I know, and my problem is, give me a few minutes.
Ms. Hirai: Commissioner...
Mayor Suarez: OK, as to the motions made...
Ms. Range: I have the...
Mayor Suarez: Commissioner Range.
Ms. Range: I have the name of Ms. Saqui.
Mayor Suarez: OK, Angel Saqui, who is an AIA and... so moved as to those
three.
Ms. Garcia: Thank you, Commissioner Range.
Mayor Suarez: Call the roll.
Mr. Dawkins: I got one more.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: OK, Mario Pestonit.
Mayor Suarez: Mario Pestonit.
Mr. Dawkins: Yes, Pestonit.
Mayor Suarez: As to those four, we have a motion and a second. Do you want
to try?
Mr. Plummer: Well, definitely - that was part of my dilemma was Mario. Luis
Sabines for sure is one of mine.
Mayor Suarez: Luis Sabines for one of Commissioner Plummer's appointments.
Mr. Plummer: And I will reserve the other one.
Mayor Suarez; And reserve the other one.
Mr. Plummer: Yes.
Mayor Suarez: Call the roll on those appointments.
Mr. Fernandez: Mr. Mayor, point of order. If you're reappointing someone
who, under the existing ordinance cannot be reappointed, you need to first
have an amended ordinance to do that...
Ms. Garcia: Yes.
Mr. Fernandez: ...and to amend the ordinance by an emergency ordinance.
Mayor Suarez: So that one will not take effect until the amended ordinance is
in effect.
Mr. Fernandez: Right.
Ms. Hirai: Mr. City Attorney, I can keep this a motion until after the
reading of the emergency.
Mr. Fernandez: Fine, please.
20 September 20, 1909
i
Mayor Suarez: OK.
Ms. Garcia: Mr. Mayor, could we...
Mayor Suarez: Call the roll on the motions.
Ms. Garcia: OK, I'm sorry.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 89-845
A MOTION APPOINTING AND REAPPOINTING CERTAIN
INDIVIDUALS TO SERVE AS MEMBERS OF THE LATIN QUARTER
REVIEW BOARD.
(Note: Appointed were:
DANIEL PEREZ (appointed by Vice Mayor De Yurre)
MARIANO CORRAL (appointed by Vice Mayor De Yurre)
SILVIO DIAZ (appointed by Mayor Suarez)
ANGEL SAQUI (appointed by Commissioner Range)
MARIO PESTONIT (appointed by Commissioner Dawkins)
LUIS SABINES (appointed by Commissioner Plummer)
(Note: pending still is one more appointment to be made
by Commissioner Plummer. See Motion 89-871.)
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Ms. Garcia: Thank you.
Mayor Suarez: Last statement.
Ms. Garcia: May we ask you to consider so we don't have this everytime we
need some appointments if you could reconsider an amendment to the emergency
ordinance calling for suggested - in other words, to have the mandatory
participation so everything is...
Mayor Suarez: You've got to be kidding me. After we just went through that
argument. Let me ask you something. When is your term up?
Ms. Garcia: My term up will be up in February, I believe.
Mayor Suarez: And whose appointment were you?
Ms. Garcia: Commissioner Kennedy's.
Mayor Suarez: OK, thank you.
21 September 28, 1989
8. REFER FUNDING REQUEST FROM REPRESENTATIVES OF "1990 GOLDEN GLOVES
TOURNAMENT OF CHAMPIONS" TO SPORTS AND EXHIBITION AUTHORITY - Urge
Authority to grant additional monies for event.
Mayor Suarez: Next item. Item six. Representatives of National Golden
Gloves Tournament, request City support for the 1990 National Golden Gloves
Tournament of Champions.
Dr. Billy Yoham: Mr. Mayor and Commissioners, it is my pleasure - I'm Dr.
Billy Yoham, doctor of chiropractic and vice president of the Golden Gloves
for 18 years in the State of Florida. Amateur boxing has helped the minority
children building character and taking kids off of the streets. It is my
pleasure to inform you that with the Miami Sports Authority and the Florida
Golden Gloves, that the National Golden Gloves Tournament will be held here in
Miami in the Miami Arena in May of 1990 which is this coming year. We are
proud of the ability of the people from the Miami Authority to go up there and
to win this tournament. In 1976, we had the National Golden Gloves Tournament
here in the Orange Bowl and five of the participants became national champions
and Golden Gloves champions, world champions. And a few of those are Sugar
Ray Leonard, Tommy Hearns, Michael and Leonard Spinks, Michael Dokes, to name
a few. We are here requesting that you help us with the finances to in -kind
and other finances to put on this tournament which comes to about $96,000. I
want you to realize that the City of Miami will have national publicity and
international publicity on this tournament. The Golden Gloves has helped kids
throughout the years, ever since its inception and we would appreciate your
concern. We are asking the City of Miami of the $96,000 to come up with
$40,000 in in -kind and other services for this tournament. Thank you so very
much and with me is Joe Corello, who is representative of the National Golden
Glove franchise.
Mr. Dawkins: Mr. Manager.
Mr. Odio: Yes, air.
Mr. Dawkins: Last year, someone came before us for something for the Golden
Gloves and I think we made the Orange Bowl available. Did we or did we not?
Mr. Odio: Yes, we did.
Mr. Dawkins: So, therefore, sir, in my opinion, it's erroneous to put down
here and say that in 1989 Miami has done nothing for the Golden Gloves
Tournament.
Dr. Yoham: Mr. Commissioner, that was in error. That is a typographical
error. The City of Miami helped tremendously. Thank you, sir.
Mayor Suarez: That helps.
Mr. Plummer: That was for the State Tournament.
Mr. Odio: That helps. I would recommend that they go the Sports Authority
and since this is a Miami Arena event and we have no control over the Arena,
that they go to them.
Mr. De Yurre: Don't they have, as part of their budget, then, I see the sum
of $25,000 for this tournament from the Sports Authority?
Mr. Odio: Then they should be happy.
Mr. De Yurre: Well, come up here, Doctor.
Mr. Frank Corello: If I could just give you a little background, my name is
Frank Corello.
Mr. De Yurre: Well, let me get a response to this.
Mr. Corello: Sir?
22 September 28, 1909
Mr. De Yurre: From Dr. Albano. He's a member of the Sports Authority.
Dr. Albano: Yes, I'm a member of the Sports Authority. We originally
allocated $22,000 and they came back and requested a lot more because there
was a misunderstanding, supposedly, but when we checked the records, the
minutes back, when we originally allocated the money, it was $22,000 and we
just approved, as of Tuesday, another $12,000, so they're up to $34,000 that
we allocated.
Mr. Odio: 1 think that...
Mr. De Yurre: For this tournament.
Dr. Albano: Yes.
Mayor Suarez: What about waiving the rental of the Orange...
Mr. Odio: You cannot do that, Mr. Mayor. You cannot waive the rental of the
Miami Arena.
Mr. Plummer: No, but the Sports Authority, they've got so damn much money
they don't know what to do with, why don't they just go ahead and underwrite
the thing?
Mayor Suarez: Oh, it's at the Arena, it's at the Arena.
Mr. Odio: It's the Arena.
Mr. Plummer: The Arena, that's what I'm... well, the Arena, the Sports
Authority. It's one of the same.
Mr. Odio: They cannot waive the rent. If...
Mayor Suarez: What is the total level of funding or support that you think
that the City, including its agency, the Sports and Exhibition Authority,
should give? They're up to twenty-two?
Mr. Odio: They're up to thirty-two.
Mayor Suarez: Thirty-two.
Mr. Corello: If I could give you a little background.
Mr. Plummer: Well, wait a minute, wait a minute. I see nothing wrong with
them underwriting it. Let the Sports Authority underwrite it, why not?
Mayor Suarez: How much more does it take?
Mr. Plummer: That's going to be up to them. It's their money, let them
determine.
Mayor Suarez: Well, no, but you're telling to underwrite it, that means that
they have to pay the entire thing and I think we should get very clear what
that amount is.
Mr. Plummer: All right, excuse me, let me then be more clear. They're
looking to us for $40,000. They're looking to the Sports Authority for forty,
is that correct?
Mr. Corello: Yes.
Mr. Plummer: OK, let the Sports Authority underwrite theirs and ours.
Mr. Dawkins: And the county has no youth who fight in the Golden Gloves.
Everybody who fight in the Golden Gloves is from the City of Miami. Nobody
come....
Mayor Suarez: There's no county contribution at all?
Mr. Dawkins: Nobody comes from Miami Beach, nobody comes from Hialeah, nobody
comes from no place but the City of Miami, Is that correct?
23 September 28, 1989
lyn; t -
Mr. Plummer:
The misnomer is they're asking from TDC as if that's Metro
money.
UNIDENTIFIED
SPEAKER: All over...
Mr. Corello:
We're speaking of the National Golden Gloves. They come from
the entire United
States, every state in the United States has a team.
Mr. Dawkins:
All right then, so all those need to support it.
Mr. De Yurre:
But, as far as...
Mayor Suarez:
There's no monies from the general budget of the county?
Mr. Plummer:
They're asking from the TDC which everybody wants to consider
that as Metro
money. They forget that 47 percent of that money that's in the
TDC comes from the City of Miami hotels.
i`
Mayor Suarez:
Exactly. Almost fifty percent. Well...
j Mr. Plummer: Well, they're talking about May of next year. I would suggest
that they go to the Sports Authority to underwrite the aiding.
;? Mr. Corello: Could I just make a point here. Before we bid for the National
�! Golden Gloves which we did three years ago. We went to the Sports Authority
and they agreed, at that time to offset the cost of the Miami Arena, which
averages $9,000 a night for six nights of boxing, that's fifty...
Mayor Suarez: You said nine thousand dollars?
(;
Mr. Corello: None thousand a night for .,).x nights of boxing. We box Monday,
that's fifty four...
Mayor Suarez: There's no return on that money? There's no...
Mr. Corello: That's one of the expenses involved beside the expense of the
rings that we have to put in there and everything else that takes place.
Mayor Suarez: There's no return on that money? There's no receipts?
Mr. Plummer: Forty thousand from gate receipts.
Mayor Suarez: Gate receipts or anything?
Mr. Corello: There are ticket sales involved, yes, OK. They would...
Mayor Suarez: And those would go, presumably, to pay back the City for our...
Mr. Dawkins: No, the ticket sales, Mr. Manger...
Mr. Plummer: No, no, no, that's part of their overall budget.
Dr. Albano: Plus...
Mr. Dawkins: The ticket sales have to pay the referees and other...
Mr. Corello: Well, we have 2,000 people that come into the Omni Hotel. They
stay here for a week. We have transportation...
Mayor Suarez: That's not - that's all very nice, but that's not my question.
I just want to clarify. All the gate receipts go directly to the staging of
the tournament and none of it goes back to the agency that is providing the
facility?
Mr. Corello: That is correct, but when we made the bid, we would never have
considered using the Miami - such an expensive arena - no one has ever done
it. We outbid New York and Los Angeles, they get the tournament here and it
was approximately three months ago.
Mayor Suarez: Well, I've got an idea, if it's in May and the Commission, I
think, fools very strongly about the need for this, that we do resolve to send
it back to the Sports and Exhibition Authority with the strong recommendation
that they increase the funding...
24 September 28, 1989
Mr. De Yurre: By $15,000.
Mayor Suarez: By $15,000. And then, it will have to come back to us, I
think, because we have to approve the operating budget anyhow and this would
be a change in it.
Dr. Albano: Mr. Mayor, may I make a suggestion? This is a very, very...
Mayor Suarez: Are you going to donate the $15,000, doctor?
Dr. Albano: No, personally, no. This is a very.complex situation because
there's been a lot of misinformation and misunderstanding. My suggestion to
the Commission is that you speak with Mr. Blaisdell because he knows all the
final intricacies. The resolution that was adopted on Tuesday was that if
there was a profit due to ticket sales, part of that was to go back to the
Authority for underwriting it. So as you can hear today, there's a little bit
of misinformation. My suggestion is, speak to the...
Mayor Suarez: OK, and taking that into account, the Authority can take into
account also, our urgent proposal that this is a very important tournament.
That, apparently, some representations were made to take it away from other
cities, that this will bring a lot of good publicity and in addition to
involving our youngsters, that it ought to consider funding it another
$15,000, which might go with the formula that you're proposing that some of
the money be returned if, indeed, a profit is made.
Dr. Albano: If it nets a profit, right.
Mayor Suarez: However the profit is defined in this context, which isn't all
that easy is what you're alluding to, I think.
Dr. Albano: Yes.
Mr. De Yurre: Let me ask this, why isn't the Knight Center being considered
as the site? It would seem to me that it would be a lot less expensive.
Because they've used it for karate championships and all kinds of stuff.
Mr. Corello: At the time of the bidding, the whole concept was to have it at
the new Miami Arena to showcase the Miami Arena. It's on national television
and we do box with three rings the first five nights.
Mr. De Yurre: Yes, well, then what we're saying is that we should get the
Arena to underwrite this if it's to promote the area. Otherwise, you know, if
we're looking to do the program for the least amount of money, the Knight
Center you can have three rings so they have three rings going all the time
when they have their karate tournaments and it turns out to be a fine event.
I'm sure it's a lot less expensive.
Mr. Corello: Well, when we made the bid, the bid was all premised on the
Miami Arena and that the expense to us would be for the rent of the Arena
which we couldn't afford to pay. You could never have a successful
tournament.
Mr. De Yurre: How much is the rent? How much is the Arena?
Mr. Corello: Nine thousand dollars a night times six nights, $54,000.
Mr. De Yurre: OK, well the City - what is the Knight Center? Is it like
$2,200 or something like that a night? Right there, that's seven times six,
that's $42,000 you're saving right there.
Mr. Corello: At this late date, everything is geared and printed and set to
go.
Mayor Suarez: And you expect to fill the Arena or to have a need for a
facility much bigger than a James L. Knight?
Mr. Corello: The concept we're using is, we have 90,000 seats to sell and
we're trying to fill it up with every youth group in the area, bring them in
free of charge and have the business community offset the cost.
25 September 28, 1969
-1I
Mayor Suarez: Underwrite that.
Mr. Dawkins: I think the point that we're overlooking is that we have yet, in
my opinion, to sponsor a national fight in our area and in the event that we
do showcase the Arena as a site for fights, we may whet the appetite of
individuals who may want to sponsor a fight after having seen the facility.
So there's also the added thing that we might be able to encourage some
sponsor to use the Arena once he sees it. I don't know.
Mayor Suarez: Sort of a promotional loss leader type approach.
Mr. Dawkins: Um hm.
Mayor Suarez: All right, Commissioners, do you want to...
Mr. Plummer: Send it to the Sports Authority.
Mayor Suarez: ...move that with suggested amount of fifteen thousand?
Mr. Plummer: So move.
Mayor Suarez: So moved.
Mr. De Yurre: Second.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 89-846
A MOTION OF THE CITY OF MIAMI COMMISSION DIRECTING THE
CITY MANAGER TO CONVEY TO THE SPORTS AND EXHIBITION
f AUTHORITY A FUNDING REQUEST RECEIVED FROM
REPRESENTATIVES OF THE "1990 GOLDEN GLOVES TOURNAMENT
OF CHAMPIONS" WITH A STRONG RECOMMENDATION THAT THEY
INCREASE THEIR FUNDING OF THIS EVENT BY AN ADDITIONAL
_ $15,000 OVER AND ABOVE THE $34,000 PREVIOUSLY
EARMARKED IN CONNECTION WITH SAID EVENT.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: And, of course, we are in the process, since we're not funding
the whole thing, encouraging private contributions on some of the other
efforts that I'm sure you're involved in and that Dr. Albano, I'm sure, will
participate in.
Dr. Yoham: Thank you so very much, Commissioners.
Mr. De Yurre: And you should also try,
Hialeah, go to Coral Gables, you know.
thank you,
Mayor Suarez: Particularly the County.
you know, Miami and Dade County, go to
Hey, they're a part of this too. OK,
26 September 280 1989
V
Ms. Brown: Well, the county has not been appropriated. We've requested TDC
and community grant funds.
Mayor Suarez: I would strongly recommend that you get matching funds from the
county to match what we've put in from our festival funding and I have no
problem with waiving the rental of the Orange Bowl, but I want to hear
Commissioner Dawkins on that. Apparently, he has some problems with that.
Ms. Brown: The issue was not - Honorable Mayor, the waiving of the Orange
Bowl, but for the parade at this time because the Police and Sanitation cost
is so high that that...
Mayor Suarez: We know that and actually there's not a heck of lot we can do
about that, it's dollars anyway you look at it. Commissioners, what do you
want to do with this?
Ms. Range: Does this eighteen thousand nine hundred dollars cover the Police
and Firemen only?
Ms. Brown: Yes, ma'am, it covers the Police, Sanitation, and Fire. Police
alone is fourteen thousand, fourteen thousand seven.
Mr. Plummer: But is that in addition to the fourteen or is that four more to
make the eighteen nine?
Ms. Brown: The fourteen that he alludes to, sir, is the fourteen for the
stadium which is not what I came prepared to discuss.
Mr. Plummer: Well, but we got to discuss it, because it's all part of a total
package. Now, I mean, you know, you can't take something and run Venezuela
and expect that it to be there when you try to get it for the other. Now, the
question I'm asking is, I guess, what is the bottom line of the total City
involvement? Is it going to be $14,000 plus five and that's for both events?
Ms. Brown: No. That's not our request.
Mr. Plummer: See, the problem... what was the attendance last year?
Mr. Dawkins: Max?
Mr. Plummer: For the game, yes.
Mr. Max Cruz: For the game, Commissioner, Max Cruz, Public Facilities
Division. The attendance was approximately 20,000 people at the game.
Mr. Plummer: Twenty.
Mr. Cruz: Yes, sir.
Mr. Dawkins: And the tickets were what, Max?
Mr. Cruz: I believe the tickets were $15.00 per ticket, Commissioner. Now, I
do not know the ticket sale what was because Florida A & M, I don't believe,
has been audited to find out, you know, the ticket sales...
Mr. Plummer: Well, but wait a minute now, didn't Florida A & M, I remember
the audit, the audit that I saw they gave away 15,000 free tickets.
Mr. Cruz: I believe so, Commissioner.
Mr. Plummer: So, are you telling me that there was a gate revenue of 5,000
tickets?
Mr. Cruz: Commissioner, it is true, they give away too many tickets and
there's a lot of people...
Mr. Plummer: Well, no, no, no. In the audit that I saw...
Mayor Suarez: He didn't ask for your opinion, Max, he wanted the figures.
Mr. Plummer: ...they gave - the Orange Blossom Classic got 15,000 free
tickets. If you're telling me that giving away 15,000 and the gate was a
total of twenty, that means that there was the potential of five.
28 September 28, 1989
fi
6
Mr. Cruz: That's correct, Commissioner.
Mr. Plummer: And what about the surcharge?
Mr. Cruz: They had a waiver on the surcharge, Commissioner.
Mayor Suarez: The reason that I would contemplate, for myself, the waiver of
the Orange Bowl rent which is nine thousand dollars, I guess, is that this is
an under utilized facility. If we don't have this event - supposing you
changed your mind, you didn't have it because you couldn't afford it - then we
wouldn't get the money anyhow and at least we're showcasing our facility which
is, in fact, under utilized. We're not going to move over another event that
would otherwise take place that day so it's not an opportunity loss as they
would say in economics. So, I have no problem with that. But we just don't
have any more money. We've given you $14,000 from our festival committee. If
the Commission wanted to increase from next year's festival, then we're going
the opposite way from what we wanted to on the events that we would fund
because we wanted to reduce them down to zero and make them self sufficient.
And with $50,000 received from the state, it sounds like other entities are
helping but we encourage you to go to the county and to the TDC because they
really have to come up with the monies. The City is the smallest jurisdiction
of the ones that we're discussing and the one that is given the most money for
a lot of these festivals and we have a huge number of festivals in the City of
Miami right now. So any how, Commissioners, what do you want to do? I've
stated my preference.
Ms. Range: Let me ask just this question. What is the overall cost of
putting this on?
_ Ms. Brown: The overall cost far exceeds the amount requested. The overall
cost is almost $200,000. We get some corporate money, some in -kind services.
Obviously, the TDC monies are related to things that promote and to try to
bring in. We believe that this festival being the oldest festival that it's
worthy, it brings tourists in. The team this year is Morgan State from
Maryland and they are working very hard to get corporate ticket buys. I'm not
aware of how many tickets were given last year, sir, but there were many
tickets that were given that were already paid for by corporate receipts.
Ms. Range: Are any of the monies you received directed toward advertising
or...
Ms. Brown: Not from the City, the monies received from the state were
positioned for promotions only.
Ms. Range: But any monies at all. When we stop to think of an event like the
Orange Blossom Classic bringing only 20,000 people to the state in. That was
the actual number that went through the gates, sir?
Mr. Plummer: Not paid.
Ms. Range: No, I know not paid.
Mr. Cruz: Commissioners, yes, it was a little bit over 20,000 attendance at
the game.
Ms. Range: All right, the only thing I'm saying is when there are less than
25,000 people coming to this game, then it seems that somewhere along the way,
the marketing or the advertisement, somebody's falling down on the job when we
can bring only that number of people to the state.
Ms. Brown: We agree, Commissioner Range, that's why this year we're working
very diligently to promote the festival and that's why the state monies were
earmarked specifically for promotions and we couldn't use them for the parade
expenses.
Me. Range: What, precisely, are you doing this year that you haven't done in
prior years to try to increase your attendance?
Ms. Brown: Well, this is our fist year involved.
I am the marketing person...
I'm not a committee member,
29 September 28, 1989
Ms. Range: I see.
Ms. Brown. ...and we have national media exposure. We have the Ken Riley
Show, which is Sunshine Network, we have radio and TV buys throughout the
state, we are marketing the alumni groups of both A&M and Morgan State. And
we believe that this year we will sincerely have a much better turnout,
probably double the figures, if not more.
Ms. Range: Thank you.
Mayor Suarez: Do you want to try your formula?
Mr. Plummer: Well, Mr. Mayor, I'll concur with your thoughts on waiving of
the fees of the Orange Bowl but not the waiving of any surcharge or...
Mayor Suarez: Services.
Mr. Plummer: ...parking or souvenirs, food or beverage. We've got to get
those revenues and here again, let me ask a question. It now raises a
question, I hadn't thought about it in the past, not necessarily to this
organization, but all, free tickets, is the surcharge still charged?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Why?
Mr. Alberto Ruder: Because they're comp tickets and they exceed the limit
that is in the contract, we do charge them the applicable rent.
Mr. Plummer: Yes, but you see, that's wrong.
Mr. Ruder: Well, that's...
Mr. Plummer: In this thing here, you had 20,000 people. We expect 20,000
times - is it 75 cents or a dollar?
UNIDENTIFIED SPEAKER: Seventy-five cents.
Mr. Plummer: Seventy...
Mayor Suarez: Yes, the problem is that technically a surcharge implies that
there is a charge so it is no charge, but, you know, that's not a bad idea to
ask people to, you know, who are coming in on complimentary tickets or tickets
purchased by other people, to pay a surcharge. I think it's a good idea.
Mr. Ruder: Yes, I just want to say that this is one of the events excluded
from the surcharge in the ordinance...
Mayor Suarez: Ah!
Mr. Ruder: ...and also...
Mr. Odio: When we passed the ordinance on seat charge, we excluded this event
on purpose.
Mayor Suarez: We were trying to promote the event - events continued
happening in Miami after many years of difficulty.
Mr. Plummer: Well, I think what we're...
was to bring it back from Tampa.
Mayor Suarez: Yes.
Mr. Mayor, what we were trying to
' Mr. Plummer: They went to Tampa for a couple of years. But the problem is,
Iit is a losing financial proposition and it continues to lose every year.
F That's the problem and the loss is getting bigger and bigger and bigger.
Mayor Suarez: Somebody ought to consider whether that entrance fee is a
reasonable one. You may be pricing yourself out of a market by charging
$15.00. You may reduce it and have a lot more people and that stadium fits
75,000? Any how, Commissioners, somebody make a motion so we can move on.
30 September 28, 1959
n:
Mr. Dawkins: There is no motion. They're entitled to fourteen thou... what
is the entire...?
Mr. Odio: Fourteen thousand.
Mr. Dawkins: They're entitled to fourteen thousand dollars.
Mr. Odio: Yes, sir.
Mayor Suarez: OK.
Mr. Dawkins: Give them the $14,000 that they're entitled to.
Mayor Suarez: OK, we don't need a motion for that at this point?
Mr. Odio: No, sir. That's part of the ordinance in the festivals. They're
part of that.
Mr. Dawkins: OK, now...
Mr. Plummer: Here again, now, let me ask a question if I may. That is not
money that we just hand to them.
h , Odio: No, we pay bills.
Mr. Plummer: They present bills and we pay from the fourteen thousand those
bills approved by the Manager.
Mr.
Dawkins: Most of it goes for Fire, Police and Sanitation.
Mr.
Odio: Yes, it goes within...
Mr.
Plummer: OK, because wherever it goes, wherever it goes, these are
not
cash
that is given to anybody.
Mr.
Dawkins: No. No, Commissioner.
Mr.
Plummer: It is monies that they will surrender bills for and the Manager
will
approve them and pay them from that fund.
Mr.
Dawkins: That's right, that's the way it's always been.
Mr.
Plummer: OK, just so it's understood.
Mr.
Dawkins: OK, now, Mr. Cruz, each year we go through this regarding
the
use
of the stadium. What's the total cost to us for letting them use
the
stadium, sir?
Mr.
Cruz: Last year, the total expenses were $22,114.32, Commissioner.
Mr.
Dawkins: That's what we spent last year for the use?
Mr.
Cruz: Yes, Commissioner.
Mr.
Dawkins: OK. My fellow Commissioners, from the - where is that
now?
From the festival funding, we have for 88-89, we have $6,000 budgeted for
the
Bethune-Cookman college game. Bethune-Cookman does not have a game here.
Ms.
Francena Brooks: I was saying that was 89-90.
Mr.
Dawkins: Ma'am?
Ms.
Brooks; Eighty-nine, ninety, for next year.
Mr. Dawkins: OK, all right, well, we got $6,000 budgeted. Now, Bethune-
Cookman did not have a game here this year. They went to Ft. Lauderdale to
have a game so I would like to make a motion that the $6,000 we have budgeted
in the festival budget for Bethune-Cookman in 89-90 be given now to Florida
A&M to offset the cost of the use of the stadium and that we try to find the
$11,000 from parking and if we don't, we'll have to find a way to go out and
see if we can't solicit it.
i
Mayor Suarez: OK. So moved as to the $6,000. That wasn't next year's
E festival budget. He's not reading - he's reading from the correct version, I
` hope, we were given, OK? So moved. Do we have a second? _
f —
€ Mr. Plummer: Second. _
Mayor Suarez: Seconded.
Mr. Plummer: If, in fact, those monies are there, that's fine.
Mayor Suarez: Call the roll.
Mr. Dawkins: Before you call the roll, somebody - the Manager or somebody say
that the money is there.
Mayor Suarez: Please, somebody be absolutely sure.
Mr. Dawkins: Because I just heard Commissioner Plummer say it must be there.
So somebody tell us it's there.
Ms. Brooks: No, it's there. It's part of the formula that was developed in
the original ordinance, so it's there.
Mayor Suarez: OK, so now they're up to a funding level of twenty thousand.
Mr. Plummer: As part of the motion now, I want you to write a letter to
Bethune-Cookman and tell them that that money is no longer there. I don't
want them to come down here in a panic and say, "Hey, we had $6,000, and we
planned to do something and now the monies are not there."
Mr. Dawkins: Draft a letter for me to go out of my office, please.
Mr. Plummer: I think it should go from the administration, not from your
office.
Mayor Suarez: Yes, and any Commissioner can send an additional letter.
Mr. Dawkins: See, I made the motion and, see, I don't know where I live, I
know what I'm doing.
Mayor Suarez: Go ahead and send the letter anyway.
Mr. Dawkins: OK, I know it, I know it.
Mayor Suarez: Call the roll.
Mr. Plummer: So that now brings them up to twenty thousand, is that correct?
Mr. Dawkins: No...
Ms. Brown: Excuse me, Mayor Suarez, the black firefighters of Dade County
have agreed that they would work that free if they would be given the off time
and the trucks by the City so that would offset a great portion of the cost.
Mayor Suarez: That's great. That's a significant savings. Very good.
Mr. Plummer: That's only $631.
Mayor Suarez: Well, it's money.
Mr. Plummer: But, it's yes, hey, it's great.
Mayor Suarez: Call the roll.
Mr. Dawkins: Better than nothing.
32
September
26,
1989
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 89-847
A MOTION PARTIALLY GRANTING REQUEST FROM
REPRESENTATIVES OF THE ORANGE BLOSSOM CLASSIC
COMMITTEE IN SUPPORT OF THE FLORIDA A&M GAME; FURTHER
DIRECTING THAT THE $6,000 THAT HAD BEEN PREVIOUSLY
BUDGETED FOR BETHUNE-COOKMAN COLLEGE FOR FISCAL YEAR
1989-90 NOW BE GIVEN TO FLORIDA A&M TO OFFSET THE COST
OF THE USE OF THE STADIUM FOR ONE DAY; FURTHER
DIRECTING THE CITY MANAGER TO TRY TO IDENTIFY THE
REMAINING $9,000 WHICH ARE REQUIRED IN CONNECTION WITH
THE HOLDING OF SAID EVENT; AND FURTHER STIPULATING
THAT CASH ADVANCES AND PAYMENTS WILL ONLY BE MADL UPON
PRESENTATION OF APPROVED BILLS.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vics Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Plummer: Would I be in order, Mr. Mayor, at this time, to ask the City
Attorney to draft an amendment to the ordinance that any surcharge applied,
applies to complimentary tickets as well as all or a total tickets. It seems
like to me it's unfair that they can take as many complimentary tickets they
want and no surcharge or service tax is paid on it.
Mayor Suarez: Yes, most people would be more than willing to pay a dollar...
Mr. Plummer: A dollar!
Mayor Suarez: ...just to come in if they had a complimentary ticket or
seventy....
Mr. Plummer: Yes. So, not in your particular case because we've exempted
you. I would move at this time that the City Attorney draft the necessary
amendment that all total attendance pay the surcharge.
Mayor Suarez: So moved. Actually, if there had been a corporate underwriter
for a lot of the tickets, that corporate underwriter has to pay it.
Mr. Plummer: They pay it. That's it.
Mayor Suarez: It's an additional fee. It doesn't affect you.
Mayor Suarez: So moved.
Mr. Fernandez: I got it.
Mr. Plummer: OK, he'll draft it and bring it.
Mayor Suarez: Call the roll on that motion.
Ms. Hirai: You second, Mr. Vice Mayor?
33
September 28, 1989
The 2ollowing motion was introduced by Commissioner Plummer, who moved
its adoption: -
i
MOTION NO. 89-848
A MOTION DIRECTING THE CITY ATTORNEY TO DRAFT THE
NECESSARY AMENDING ORDINANCE TO PROVIDE A NEW
SURCHARGE THAT SHALL APPLY TO ALL TICKETS ISSUED FOR
EVENTS HELD IN CITY OF MIAMI PUBLIC FACILITIES AND
PARKS, AS WELL AS TO ALL COMPLIMENTARY TICKETS ISSUED
FOR SAID EVENTS.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
10. GRANT FIESTA BY THE BAY FIRST OPTION ON USE OF BAYFRONT PARK - for New
Year's Eve celebration event.
Mayor Suarez: Celia, you're on.
Ms. Celia Touzet: Thank you. Good morning, my name is Celia Touzet, my
address is 2285 S.W. 24th Terrace. I am executive director from Latin Orange
Festival and I coming for talk over Fiesta by the Bay, 1989. I had a similar
problem from last year. Last year is a little problem and now this year is a
big problem. In the June the 1st, Mr. Ira Katz, the Manager the Bayfront
Park, and represent the trust from the Bayfront Park, tell to me it's
impossible have the Fiesta in the Bayfront Park. For 1982, Fiesta celebrate
in this place...
Mayor Suarez: Celia, have you presented this problem to the trust and gotten
any kind of a support from the...
Ms. Touzet: In November 30, 1988, I give the letter by person to the
secretary or assistant, the Mr. Ira Katz, and last Tuesday, the president,
the...
Mayor Suarez: He looks like he's ready to fight. I don't know...
Ms. Touzet: Yes, I know, Ira here. And my by surprise, Ira is no speak
Spanish and he said to me in June the 1st, 5:00 o'clock p.m., in his office, I
said around 5:00 o'clock in the morning, January the lat...
Mayor Suarez: Have you, this year, talked to the trust which is the body
appointed by this Commission hopefully to handle these kind of things?
Ms. Touzet: I give the letter only at this event is a one the a big event
receive the grant from City of Miami.
Mayor Suarez: What is the conflict, what is the problem? Mr. Manager, do you
know it is and maybe do you have any solution for it?
Mr. Odio: No, because...
Mayor Suarez: Since the trust, apparently, has not...
Mr. Odio: Ira Katz is here, we can ask him.
Mr. Plummer; Let Ira talk. I mean, I can too, but let Ira.
34 September 26, 1909
Mayor Suarez: Ira, what's the problem and can it be resolved?
Mr. Ira Katz: The idea is that we want to work with Fiesta by the Bay and
various organizations, the Orange Bowl Committee and a couple other groups to
promote a national festival that would be televised and give major exposure
for the City. The conflict is, I believe, and we had a meeting with Rudy
Touzet, who's an executive with the organization on Tuesday at the Bayfront
Executive Committee meeting. ■
Mayor Suarez: Is he related to Celia?
Mr. Katz: And the idea is to just basically have a cooperative effort and not
an exclusive effort by Latin Orange Festival.
Mayor Suarez: Oh, you want to now, allow other organizations...
Mr. Katz: To partake, because...
Mayor Suarez: But you're not going to kill the baby with the bath water, are
you?
Mr. Katz: No.
Mayor Suarez: Throw out the baby with the bath water here by...
Mr. Katz: I don't think I could...
Mayor Suarez: ...by taking something that has been successful in the past,
trying to make it into - blow it up into something grandiose, you're not going
to end up losing all of it, are you?
Mr. Katz: Right, let me state for the record. I don't think there's any
intention at all to have Fiesta by the Bay removed in its entirety. The only
idea is to have a cooperative effort that would be a bigger showcase for the
City.
Mr. De Yurre: Well, I have to speak on this. You know, if we have Fiesta by
the Bay that has been successful for years, then we should respect that as an
event that is part of the tradition of the City of Miami. Coming up with
additional ideas, somebody on a whim comes up with a concept, let's go on
national TV or let's do this, let's do that, you know, we have to respect what
people have been working for for years. Just like taking the Grand Prix and
coming up with some idea and all the work that Sanchez has done for years,
goes down the tubes to a degree. Hold it, OK? And I'm telling you right now
I will do everything I can to make sure that that Fiesta by the Bay continues
as it always has with no interruptions and no interference from any other
entity, including the trust. So let that be a forewarning as to what's going
to happen. That's all I got to say.
Mayor Suarez: I generally agree with that statement, Ira, I just want you to
know that. I don't know how the rest of the Commission feels. Commissioner
Plummer.
Mr. Plummer: Mr. Mayor, I am the one who brought Latin Fiesta by the Bay to
this Commission in its inception and I did it for the purposes that it was
available and free to the public for people who, on New Year's Eve, didn't
have two, three, four hundred dollars to go out. Since I've been on this
trust board, there are other activities that are planned and that's where the
problem is coming. One of the activities, which would not interfere at all -
I don't guess I'm letting the cat out of the bag on the Big Orange - one of
the things that they're doing is the possibility or it looks even more than a
possibility, that as you have seen on New Year's Eve, the big apple drop in
New York that a big orange is going to drop down off the InterContinental
Hotel with Dick Clark on nationwide TV or simultaneous. That's one of the
things. The other thing is the Downtown Business Merchants Association are
going to put on a modified version of the Enchanted Forest. That's proposed,
it's not guaranteed at this point. That will be taking up some of the park.
The potential in that just alone, the potential there is more than what the
budget is for the entire Authority per year. I was amazed. The audit for the
Enchanted Forest at Tropical Park nets, nets the county, 3.7 million aollars a
year! So, what they're saying is, is, "Hey, the Latin Orange Festival can go
35 September 28, 1989
on, but it cannot have an exclusive right to the park, the entire park." And
that's where the rub is coming.
Mr. De Yurre: I got no problem with exclusivity. I do have a problem with
interference and having them have to cut back what they have. What they have
had for years, I want to keep it going.
Mayor Suarez: They should build around what's there already.
Mr. De Yurre: And if they want to drop the apple from the InterContinental, I
don't think it's going to affect the party at all, the Fiesta. And, now
that...
Mayor Suarez: You should build around what is there. And, you know, dropping
the orange and getting national exposure and all of that is great, but we
don't have any letter right now from any networks saying that they're ready to
do that. We'd like to have that happen and it would be nice if we're close to
it, but you can't just throw out what is there and what has been working.
That's all.
Mr. Plummer: OK, now comes the second problem, OK, and that is that the Latin
Orange takes funding, OK? Now, Celia, where are you with your funding?
Mr. Odio: They got fourteen thousand dollars from the festival....
Mr. Plummer: All right, they got fourteen there. Now, are you looking to the
City for any more money besides the fourteen...
_ Ms. Touzet: No, I no come in to borrow money from City of Miami, only I was
coming for Bayfront Park.
Mr. Plummer: OK.
Ms. Touzet: I no want more money, I had this money ten thousand dollar.
Mr. Plummer: We cannot approve the Bayfront Park, OK? That's up to the
trust. They have to approve it and I think that the comments made here today
by the Commission indicates which way we would like the trust to go as far as
the waiving. Now, let's talk to another small part of this thing.
Mr. Dawkins: Point of information.
Mr. Plummer: Sir?
Mr. Dawkins: Don't we have days with which to give and if we can give them a
day that the trust does not have to approve?
Mr. Plummer: You are...
Mr. Dawkins: I'm just asking for information.
Mr. Plummer: You are right but you are wrong. The answer is yes, we have 30
days. Wrong, those 30 days have been eaten up long ago. Now, the other
problem is the amphitheater. Last year was the first time that a show was put
on in the amphitheater for which an admission was charged. Is this Commission
indicating to the trust that they are going to use the amphitheater? Remember
now, the Fiesta by the Bay, which, from the inception, I have pushed, was a
free event. People don't have to go into the amphitheater, it's their choice.
But if they go in, they've got to pay - what is it, $15.00?
Ms. Touzet: Yes.
Mr. Plummer: Fifteen dollars plus a surcharge, I assume. Now, I am
wholeheartedly in concurrence as to the availability of space for the Latin
Orange to be there. I would have a reluctance if this Commission tried to
waive the fees of the amphitheater because that is potentially, you know, a
revenue.
Mr. De Yurre: What I want is whatever has been going on there for years.
Mr. Plummer; OK, for year, that's I'm asking the question. You've got to
delineate. For years has been the festival without because there was no
amphitheater there. Now, last year...
36 September 28, 1909
V
Mayor Suarez: And they used the whole facility. Because I remember being
there the very first year and that was all fully opened.
Ms. Touzet: Yes, last is the first year. I no want the amphitheater for this
year.
Mr. Plummer: Oh, OK, well then that resolves the problem.
Mayor Suarez: Yes.
Ms. Touzet: I talk with the people from the other group.
Mayor Suarez: It sounds like a lot of these things can be resolved if both
sides approach it with the right attitude. And I see Ira with the right
attitude and, hopefully, you have it too and...
Ms. Touzet: Mr. Mayor, excuse me. I talk the other day Mr. Garcia Duquesne,
is in charge with the other group different from the trust. This is the group
who put the light and the apple and bring to New York Davey Clark. I said,
"OK, I no have problem with the amphitheater." Only I want one piece, the
piece I use every year from Bayfront Park.
Mayor Suarez: Yes, I think the sense of this Commission is favorable to that
and I think he's got that message and, hopefully, you'll get it all resolved.
These are the details of running the park which we do have the representative
from the City Commission on there and we've all appointed members to the trust
and he's the executive director. Hopefully, all these things can be worked
out.
Mr. Plummer: They're not too happy that you put me there. I raise questions
that don't necessarily like to be raised.
Ms. Touzet: Only remember, Mr. Plummer, you give me the support from 1981, no
1982, is when Fiesta by the Bay first time. This is the 8th year and this is
no only for Latin people, this is for everybody, American, Black, Latin and
the little tourist coming to Miami.
Mr. Plummer: I think, Celia, I think this Commission has indicated it's a big
park.
Ms. Touzet: OK. I know.
Mr. Plummer: More than one thing can go on in that park at the same time.
Mayor Suarez: She doesn't want the amphitheater.
Mr. Plummer: And since you're not asking for the amphitheater, then there's
no problem, I don't see.
Mr. Odio: To correct the record, she's received...
Ms. Touzet: I cross my finger.
Mr. Odio: ...she's receiving $10,000 next...
Ms. Touzet: Yes, for this year, I had $10,000 and next year he'll have
$5,000.
Mr. Plummer: Yes, OK.
Mr. De Yurre: Yes, I want to make a motion so that there's no
misunderstanding, that Fiesta by the Bay has first option on Bayfront Park.
Ms. Touzet: Yes.
Mr. De Yurre: For whatever their needs are.
Mr. Plummer: Well, Victor, you've got to go a little further now, you know.
They shall be a priority item before the trust is what you're saying, OK? but
what I'm also saying, in all fairness to the City, you can't give them
priority for the entire park.
31
September 28, 1989
Mr. be Yurre: Priority for whatever they've been using for years. Whatever
that is. I just don't want them - you know, I don't want other entities to
come in and say, "Listen, how about giving me this little piece here and
little piece there," and two years down the road, there isn't a Fiesta or it's
something that's minimized totally.
Mr. Plummer: I don't envision that being a problem.
Mr. De Yurre: OK, then that's why I'm putting it in the form of a motion and,
also, how many days have we used up of our 30 days?
Mr. Plummer: Forty-five.
Mr. Katz: All the 30 days have been used for this year.
Mr. De Yurre: OK, then, part of my resolution, part of my motion is that one
of the days from now on until further notice, is reserved for Fiesta by the
Bay.
Mr. Plummer: No, that was in the original concept that Fiesta by the Bay was
to be guaranteed.
Mr. Dawkins: Hold it, hold it, hold it, hold it.
Mr. Plummer: That was there.
Mr. Dawkins: Hold it, hold it, hold it.... We had 30 days, OK?
Mr. Plummer: Correct.
Mr. Dawkins: And it was my understanding that each Commissioner had five days
with which they could dispense at their discretion.
Mr. Plummer: That would be six days, five times six.
Mr. Dawkins: Now, I did not - I don't remember giving away no more than
two...
Mayor Suarez: Yes, we, haven't given many away.
Mr. Dawkins: But he said they're all gone.
Mr. Plummer: You've exceeded the thirty because...
Mayor Suarez: For the upcoming year?
Mr. Plummer: Yes, because I don't think we've- oh, for the upcoming year?
Mayor Suarez: Yes, well that's the one we're talking about.
Mr. Plummer: No, she's talking about New Year's Eve.
Mr. Dawkins: I'm talking about... no, I'm talking...
Mayor Suarez: Fiscal year begins October 1. Possibly what's happened is that
cumulatively we have indicated more than 30 and each year, each organization
expects to have an automatic reuse of that same day that we allocated to them,
I guess.
Mr. Plummer: Mr. Mayor, I think your problem is...
Mr. Dawkins: I wish some of you guys would let this man explain to me what
I'm trying to find out. Now, if you guys would let me do that, I'd be happy.
Then you all can, you know, editorialize or whatever you have, but let me get
my information from him please, OK?
Mr. Plummer: Xavier, Xavier, they sometimes use it for two, three and four
days, one organization. That's where it's eaten up.
Mr. Katz: Commissioner Dawkins...
i
38 September 28, 1989
Mr. Dawkins! Yes, sir.
Mayor Suarez: Yes, that's confusing too.
Mr. Katz: ...in the ordinance that you set up to create the trust...
Mr. Dawkins: Um hum.
Mr. Katz: ...you said 30 days a year per calendar year, not per fiscal year
and you've used the 30 days this year because you, in turn, give that power to
the trust through a formal ordinance to give away those days.
Mr. Dawkins: No, wait - wait, hold it now, wait now. This Commission...
Mr. Katz: And before you gave...
Mr. Dawkins: No, wait now. Wait, I want to be sure you and I understand each
other. OK?
Mr. Katz: Yes, I understand, sir.
Mr. Dawkins: You're saying that once I took the 30-days from you, as the
Commissioner, then I turned around, as a Commissioner, and gave them to you to
dispense as you want. That's what you're telling me?
Mr. Katz: No, sir, you gave away 28 days. The Commicsion did, they gave away
28 days and then you turned that power over to the trust through a formalized
ordinance of the Commission at which time the trust gave away two days,
meaning there are no days available until January 1st of 1990.
Mr. Dawkins: Mr. Plummer, you're the historian. Didn't we come up and say
that 30 days were not enough and we would go to 45 days? Didn't we say
something in that line?
Mr. Plummer: We did, yes, sir.
Mr. Dawkins: Sir?
Mr. Plummer: Yes, sir.
Mr. Dawkins: All right, so if we gave now - now, if...
Mr. Plummer: And the Mayor even made the comment at the time that if
necessary, we'll increase it to a hundred and fifty days. But, the point...
Mr. Dawkins: See, so I'm not out of days.
Mr. Katz: Well, that was...
Mr. Plummer: Sir, you're out of days as it stands. There's been over 30 days
been granted and I think where the confusion comes, it's not thirty...
Mr. Dawkins: OK, please, please unconfuse me.
Mr. Plummer: It's not been thirty organizations. The granted total of days -
some organizations use two days, three days, and four days, and that's where
it's been eaten up. So, now, if this Commission - you know, it's simple,
really. If the Commission wants to grant 45 days or 60 days, then you've got
to turn around and look as to more subsidy.
Mr. Dawkins: No, if they're going to grant 30 days, I have to look at the
distribution and be sure that the distribution is adequate and equal.
Mr. Plummer: All right., sir, I have no problem with that.
Mr. Dawkins: But that's what I want to look at, OK?
Mayor Suarez: And that some of the ones that came asking for more than one
day, we understood that they were for more than one day.
Mr. Dawkins: And that's what I want to look at.
34
Mr. Plummer: Might I suggest, Ira, that what you do...
Mayor Suarez: She doesn't need the amphitheater at this point...
Mr. Plummer: Right.
Mayor Suarez: ...and the Commissioner's motion is geared at the first use of
the park to the extent that she needs it. I think that's acceptable to Ira
because they can work together. So I don't think we have a problem.
Mr. Plummer: Ira, I would suggest that you send to the Commission, by memo,
who has used the park on a free basis and I think that will...
Mayor Suarez: Yes, please give us a list of the days in question.
Mr. Katz: Certainly, I'd be glad to do it. -
Mr. Plummer: Sure.
Mayor Suarez: OK. We have a motion, do we have a second?
Mr. Dawkins: What's the motion?
Mayor Suarez: The motion is that they have first priority use of the park.
Mr. Plummer: That they have first priority of the park.
Mr. Dawkins: On what park?
Mr. Plummer: On Bayfront Park for New Year's Eve.
UNIDENTIFIED SPEAKER: Bayfront Park.
Mayor Suarez: Not the amphitheater, because she hasn't re...
Ms. Touzet: For Fiesta by the Bay.
Mr. Dawkins: For one event.
Mr. Plummer: Yes.
Ms. Touzet: Yes.
Mr. De Yurre: Yes, there's only one New Year's Eve.
Mr. Plummer: It's only one day.
Ms. Touzet: I coming for Fiesta by the Bay.
Mayor Suarez: OK, we have a motion, do we have a second?
Mr. Plummer: And remember things are going to go back this year to what it
was before. The Orange Bowl Parade is not going through Bicentennial, it's
going back to its old route.
Mayor Suarez: OK, we have a motion. Do we have a second?
Mr. De Yurre: Second.
Ms. Hirai: No, you moved it, Vice Mayor.
Mayor Suarez: Moved it.
Mr. De Yurre: I'll second it again.
Mayor Suarez: A second motion. Do we have a second on that?
Mr. Plummer: Of course, I second.
Mayor Suarez: Thank you. Call the roll.
40 September 20, 1909
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 89-849
A MOTION OF THE CITY COMMISSION DECLARING THAT USE OF
BAYFRONT PARK FOR THE "FIESTA BY THE BAY" EVENT SHALL
BE A PRIORITY ISSUE; FURTHER DIRECTING THAT FIESTA BY
THE BAY SHALL HAVE A FIRST OPTION ON THE USE OF
BAYFRONT PARK ON NEW YEAR'S EVE.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Ms. Touzet: Thank you.
11. (Continued Discussion) CLARIFICATION BY THE CITY COMMISSION THAT MONIES
PREVIOUSLY ALLOCATED TO BETHUNE COOKMAN COLLEGE WERE MEANT FOR THE 1989
ORANGE BLOSSOM CLASSIC EVENT, NOT FOR PARADE - for use of Orange Bowl
Stadium (See label 9).
Mr. Dawkins: Hold it...
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: Point of clarification. On the Orange Bowl for the use of the
Orange Blossom Classic, I have to restate my motion because it's not clear. I
move that the $6,000 allocated to Bethune-Cookman for 1989-90 be reallocated
to help offset the cost for the use of the Orange Bowl itself for the present
Orange Blossom Classic and that the $6,000 does not go to offset the cost of
the parade. That's my motion.
Mr. Plummer: Second. Vice Mayor, call the roll.
Mr. De Yurre: Call the roll, please.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 89-850
A CLARIFYING MOTION OF THE CITY COMMISSION RESTATING
THAT THE $6,000 WHICH HAD BEEN PREVIOUSLY ALLOCATED TO
BETHUNE COOKMAN COLLEGE BE REALLOCATED TO THE ORANGE
BLOSSOM CLASSIC COMMITTEE TO OFFSET THE COST FOR USE
OF THE ORANGE BOWL STADIUM IN CONNECTION WITH THE
"ORANGE BLOSSOM CLASSIC EVENT" ON OCTOBER 29, 1989,
AND FURTHER CLARIFYING THAT SAID AMOUNT SHALL NOT GO
TOWARD OFFSETTING THE COST OF THE PARADE.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
41 September 28, 1989
n
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller. Dawkins
Vice Mayor Victor De Yurre
NOES: None,
ABSENT: Mayor Xavier L. Suarez.
12. GRANT REQUEST BY THE BICYCLE CENTER FOR STREET CLOSURE - concerning
upcoming event.
Mr. Odio: Mr. Mayor, on item nine what they want is a street closures and we
recommend it. If you want to, we can put the streets on the record. North
Miami Avenue from N.E. 6th Street to N.E. 3rd Street; N.E. 3rd Street from
North Miami Avenue to N.W. 1st Street; N.W. 1st Avenue from N.W. 3rd Street to
N.W. 6th Street; and N.W. 6th Street from N.W. 1st Avenue to North Miami
Avenue. The Police Department agrees with this. We recommend it.
Mayor Suarez: OK. Do we need a motion on it at all?
Mr. De Yurre: Mr. Mayor, this is...
Mr. Odio: Yes, sir.
Mr. De Yurre: I'll move that, but I also want to add that...
Mayor Suarez: Mr. Vice Mayor.
Mr. De Yurre: ...they're going to need about $1,100 to offset the cost of the
police and I would move that we grant them the $1,100 to pay for the policing
that they're going to need for this event.
Mr. Odio: You have to meet with the Police Department after this, please.
UNIDENTIFIED SPEAKER: Yes.
Mayor Suarez: So moved.
Ms. Range: Second.
Mayor Suarez: Seconded. Any discussion? If not - I'm not going to pick an
argument with it because of the amount in question, but it does go against the
festival policy budget and if it wasn't for the amount, which is really within
his discretionary authority, I guess I would pick an argument with. Call the
roll. At least take it out of your discretionary fund.
0
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 89-851
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $1,100
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND,
IN SUPPORT OF THE BICYCLE CENTER IN CONNECTION WITH A
BICYCLE CHAMPIONSHIP RACE TO BE HELD NOVEMBER 5, 1989;
SAID ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL
COMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE POLICY
NO. APM-8-84, DATED JANUARY 24, 1989; FURTHER
AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO
THROUGH VEHICULAR TRAFFIC SUBJECT TO THE ISSUANCE OF
PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE
AND INSPECTION SERVICES; CONDITIONED UPON THE
ORGANIZERS PAYING FOR ANY COSTS OF CITY SERVICES
BEYOND THE $1,100 ALLOCATED BY THE CITY AND THE
REQUIREMENT THAT THE CITY WILL BE INSURED 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 Range, the resolution was passed and
adopted by the following vote:
AYES: Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Note: Although absent during roll call, Commissioner Plummer requested of the
Clerk to be shown as voting with the motion.
13. SET DATE FOR PUBLIC HEARING CONCERNING COMPLAINTS ABOUT PLACEMENT OF
TEMPORARY BARRICADES IN THE MIAMI DESIGN DISTRICT.
Mayor Suarez: Item 10, Hal Kranz. Temporary barricades. Remember, we
approved, Hal, the barricades that were going to look like little rubber posts
that could be or plastic that could be easily removed and that would not seem.
imposing and would not make it look like a jail or correctional facility and
apparently the whole thing hasn't worked. Is that what you're about to tell
us?
Mr. Hal Kranz: Exactly, Mr. Mayor.
Mayor Suarez: Of course, I've never seen them up there. Maybe...
Mr. Kranz: Well, the concept originally, on these barricades, was to prevent
crime in the area. Well, that doesn't work.
Mr. Plummer: No, that's not a true statement. The barricades, from their
inception were never there to prevent crime. They were to regulate and keep
residential neighborhoods residential. That was the initial inception at all
times before this Commission. As a side effect, it was stated that possibly
it would help to deter criminals from going into those areas they could not
get out of quickly. But the real, real basis came about in my neighborhood in
which residential streets designed to carry four to five hundred cars a day
were carrying in excess of 3,000 cars a day. So, let's make the record very,
very clear.
Mr. Kranz: Well, thank you, Mr. Plummer. The question really is in our
district that we're referring to, is a business district. The barricades have
done a tremendous hardship, have performed a tremendous hardship in our
43 September 28, 1989
0 0
district. They are not - the little stanchions that we were talking about -
they're giant barricades that look like Bob's Barricades only larger.
Mayor Suarez: And they look like the neighborhood is cut off and otherwise
under construction or has just been bombed or something.
Mr. Kranz: Or some major problem.
Mayor Suarez: Is that what you gentlemen are here for? And you're going to
argue in the same direction because I think you did that before, right-?
Mr. Plummer: Well, wait a minute, this is the Design District.
Mr. Kranz: That's correct, sir.
Mr. Plummer: The mandate put on them by this Commission was where they were
to be put up in the morning, removed in the morning. Put up in the afternoon,
and removed in the afternoon. Now, was the complied with?
Mr. Kranz: Those...
UNIDENTIFIED SPEAKER: Put up in the morning and left all day.
Mr. Plummer: Oh, no, no, no. This Commission said to the...
Mayor Suarez: You said, put up in the morning and removed in the morning.
What do you mean?
Mr. Plummer: Well, they were supposed to... they said they had a security
guard that they would put them up at 7:00 o'clock in the morning and remove
them at 9:00 a.m. Put them up at 5:00 in the afternoon and remove them at
7:00. Was that not part of it?
UNIDENTIFIED SPEAKER: No, sir.
Mr. Plummer: The hell it wasn'tl
UNIDENTIFIED SPEAKER: Yes, it was, sir.
Mr. Plummer: Yes, sir, it sure was.
Mayor Suarez: Wait, we got a voice on the right, unidentified voice.
Mr. Plummer: Because all we had was this discussion about the fact that it's
going to cost us money and finally they said, "Hey, we hire a security guard,
he can go around and put them up and take them down." Because the real
problem was traffic. That was the problem.
Mayor Suarez: And, J.L., you know, the barricades that we were thinking about
were not the ones installed. They installed regular...
Mr. Plummer: We talked about barricades in which *there was a pipe in the
ground...
Mayor Suarez: Right.
Mr. Plummer: They would take the barricades over, put them in the pipes in
the ground, remove them.
Mayor Suarez: They were supposed to be...
UNIDENTIFIED SPEAKER: Excuse me, Mr...
Mayor Suarez: plastic or rubber or other kind of material, tubular type
things...
Mr. Plummer: I don't think we dis...
Mayor Suarez: ...that would not be as much of an eyesore as the ones that
were installed. OK, why don't we hear from you and then, if you want to, are
you in the same position or...?
44 September 26, 1989
_.o,.1A
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: But, do you agree?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: OK, so we'll get you on the mike. Presumably, you're not in
agreement and then also from the residents of the area which I think you
represent one of the residents.
UNIDENTIFIED SPEAKER: No, I'm not a resident, I'm one of the merchants in the
area.
Mayor Suarez: No, behind you.
UNIDENTIFIED SPEAKER: However, I will tell you that these barricades are
approximately six feet high, they go completely across the street at both
ends.
Mayor Suarez: Six feet high?
UNIDENTIFIED SPEAKER: About six feet high. They go completely across the
street from sidewalk to sidewalk with a sign that says "Road Closed". Now, to
me, when I pull up to a sign like that, I turn around. It did not have a sign
saying, go to an entrance on 39th Street which we have since put up at our own
expense. However, since the signs have been put up, it has proportionately
decreased our business dramatically.
Mr. Plummer: It was your association that asked for it.
UNIDENTIFIED SPEAKER: Our association asked for a discreet road blocks that
were about three feet high and to my knowledge, the whole purpose was because
we were having a crime problem in the area and the crime problem was being
instituted by people using vehicles as well as other people in the vehicle to
grab purses, get back in the vehicles and run.
Mr. Plummer: Did we not stipulate the design district had to pay for the
barricades?
Unidentified Speaker: I have no idea, that I don't know.
Mr. Plummer: We did not? So it is our City people who put up feed the
monsters.
Unidentified Speaker: That's correct.
Mr. Plummer: Well, sidewalk to sidewalk to be effective, they've got to be.
The complaints I'm getting now from Aviation Avenue, everybody is getting
their front yard torn up.
Mayor Suarez: Hey, sir.
Mr. Kranz: The very issue of...
Mayor Suarez: Wait, wait, Hal, because we are not going to spend all morning
at this. We already once went through this and we have to make it a policy
decision we may as well hear from everybody.
Mr. Joe Pallant: Good morning, my name is Joe Pallant, I was the person that.
helped formulate this idea, together with many, many people in the district
including property owners and merchants and we've been through here and you
have hundreds of people that have signed for this, wanting it. We have
complied, as Mr. Kaufman said, with signage. We implemented directional
signs, showing people how to get into the area and get out of the area. Why I
am here is to ask your favor to give this a chance. It is just up here, the
barricades have just been up a few days. We have taken it upon ourselves to,
as Mr. Plummer says, to put the signs up before 9:00 and take them down before
5:00. They are done and people are supporting it within the area. We have
signatures which you have, new signatures to say people are in support of it.
i We agree with you to say that this was to restrict vehicular traffic. My
statement is that we have been here before. We have approved it. We have
y voted on this before, I would like to give it a chance. It was approved by
45 September 20, 089
�g
the Commission before, it was approved by the owners before. I would like to
give it the chance that we voted on for 90 days. We talked about crime, let's
give it a chance to see. We have signatures here that the people that are
standing over there have signed petitions, which I have here, which I show
you, to say that they endorsed this a while ago. It is only up here not a
week we have asked for an emergency hearing.
Mayor Suarez: Where were you going to find the money if we were disposed to
continue the temporary barricades or implement the permanent ones. Where are
you going to find the money to fund them?
Mr. Pallant: My feeling is, let's give it a chance. After 90 days, let's see
how it works.
Mayor Suarez: We haven't yet gotten to point of 90 days?
Mr. Pallant: It's less than a week. It's a week, it was up last week.
Mayor Suarez: We passed this a long time ago.
Mr. Pallant: I mean, people can change their minds. What my feeling is,
please let me just finish. After 90 days let's come before you again. We
don't like it, I think... and let's take it down after 90 days, but you have
to give this a chance. We've been here with hundreds of people, months ago.
We had plans designes. If there is no money in 90 days, let's not do it. If
we don't get a...
Mayor Suarez: So it's just been tried a week?
Mr. Pallant: It has been one week.
Unidentified Speaker: Two weeks.
Mayor Suarez: OK, all right, wait a minute. I'm asking him, you can disagree
if you.
Unidentified Speaker: Two weeks.
Mayor Suarez: It's a factual question after all. We should know the answer.
Mr. Pallant: OK, our area will not fold in a week. People that may want to go
to Moores, or to Lucky's, or to Pallant Insurance, they will get there. What
we have done, Mr. Cochran was nice enough to help offer to pay for it and he
will, for signage, to say entrance is in a certain area. We are paying for
that and we have paid for that. All I'm saying is, let's give it a chance.
There has been no notice given you know, to the district people to say, let's
take it down. The last thing they know that it is coming up, let's give it a
chance. After 90 days, if people don't want it, let's take it down. If we
don't have money to put it in and we can't assess ourselves, let's take it
down, but let's do what we st '4 we are going to do and keep it up for time
that we approved it and then ai..:er the 90 days if it is not good, let's take
it down.
Mayor Suarez: OK, thank you.
Mr. James Kemp: With all do respect to the community...
Mayor Suarez: We need names and addresses, please.
Mr. Kemp: My name is James Kemp, I'm a resident of the 100 block, NW 39th
Street. With all due respect to the residents of that community, I don't
think, I'm sure that we are not in a position to make a decision at this time,
being that we are here at 10:45 in the morning, that a majority of the
occupants are at work, except those of you which are self-employed. This is
not a well thought idea, initially being that the roads are basically too
congested to allow anyone to go into this area and turn around and come out,
so my point is that at this hour of the morning, we do not even discuss this
issue because the community...
'Mr. Pallant: We discussed this before.
Mayor Suarez: Please, sir.
Mr. Kemp: Well, before we discussed this, we ruled out the ludicrous idea of
installing permanent barricades and decided that we would try on a temporary
basis the removable installments.
Mayor Suarez: Do these look like the ones that you expected to see at the
time that we approved it?
Mr. Kemp: Well, I don't really think that is great significance. It is a
barricade, it is temporary. You get it...
Mayor Suarez: Does anybody have a picture of what these look like? Are they
like just regular, like road construction barricades?
Mr. Plummer: Regular barricades.
Mr. Luis Prieto: This type of barricade is consistent with Federal, State and
County requirements for traffic control.
Mayor Suarez: That may be, Dr. Prieto, but that's not what we had in mind.
Those look like, you know, evacuation barricades or you know, the end of the
world has come, type barricades. Are you talking... the one...
Mr. Plummer: Yes, but it only takes one day for the guy to get out there with
the graffiti, the spray can of paint and they do it, every one of them.
Mayor Suarez: Is that the bottom one, the one you are pointing, or are
you...
Mr. Prieto: Right.
Mayor Suarez: Three sets of what, wooden...
Mr. Prieto: These are standards that have to go on streets. We're bound to
comply with traffic standards. If we don't, this...
Mayor Suarez: You're bound to comply with the Commission's resolutions and
ordinances, which are the laws in the City of Miami, unless they are somehow
in conflict with State or County.
Mr. Prieto: If they are in conflict and we do have an accident, we are
liable, sir.
Mayor Suarez: And if they are... don't talk about liability. If they are in
conflict with County or State, you tell us at the time that we act so that we
know that what we are trying to accomplish cannot be legally accomplished.
You don't tell us after we try to implement something, which turns out totally
different from what we had in mind, at least what I had in mind at the time.
Mr. Prieto: Yes, sir, except in the resolution we didn't have a specific item
of how it was going to be designed, so we used the standards.
Mr. Plummer: Are not the barricades on Miami Avenue, right at Miami Avenue?
Mr. Prieto: Yes, sir.
Mr. Plummer: What's the problem about turning around?
Mr. Kemp: They are from NE 2nd in the east to North Miami Avenue on the west,
36th Street south, 41st Street north, so there is an enclosure area with the
main entrance being on 39th Street and exit on 39th Street so all the traffic
would have to turn around and come out of the area. My question to the
Commission, Mr. Mayor, if you could answer this, is how are we here at 10:45
in the morning...
Mayor Suarez; Well, you should be happy, because it is at the request of the
people who are against them, who are not satisfied with the...
Mr. Kemp: Our business people...
Mayor Suarezi Right, with the demonstration project and would like to enter
LE
then and by the way, you have submitted people who have an agreement
47 September 20, 1909
a;
with you and who are business owners presumably and maybe some residents too,
Hal, or just...
Mr. Kranz: There were a number of residents as well.
Mayor Suarez: ... submitted a petition in original form which I am going to
hand to the City Clerk in order into the record now. That's the reason we are
here, so it would not be a procedural disadvantage to the people you referred
to who would like to be here because it is procedural advantage to your group
or group which represents your interests, which sought to be on the Commission
today and we scheduled them. If were ever to have any kind of permanent
decision, we would have to meet after 5:00 p.m., I would think, so the
neighbors could be here.
Mr. Plummer: Question, are the barricades being put up and taken down as the
resolution?
Mr. Kemp: No.
Ms. Olga Fineman Melin: No, sir.
Mr. Plummer: You are taking a chance of losing them.
Mr. Pallant: I disagree.
Ms. Malin: My Olga Fineman Melin and I'm the major property owner in the
area. It has been devastating to our business and to the business people
here, it has totally cut off our business. One of my parking garages...
Mayor Suarez: Will the little sign that says that the entrance is on another
street, will that help?
Ms.-Melin: No sir, no sir. One of our streets to our parking garage, people
can't even get into our parking garage on 38th Street and NE 2nd Avenue. We
have big plans, our area to begin with is an area that has had a big exodus.
We are suffering to maintain our business community. We have plans, big plans
—
to make it a very viable new showroom, big retail showrooms coming in.
i
Mayor Suarez: You have disagreed, by the way, when he...
M
Ms. Melin: I never signed that paper.
Mayor Suarez: Wait, that's not my question. When he said that the barricades
had been in place for about only a week, is that not correct? Two weeks, I
drove by there about two weeks ago, I guess, maybe three weeks, but I didn't
see any. I thought we had tried to implement them quick. Well, we are
supposed do it for 90 days, is that correct Dr. Prieto? You know, what I
L
suggest to the Commission and I am not ready to necessarily impose this, I
don't know that procedurally I could, but what was going to be a 90 day
A
experiment may come you know, may turn out to be a much shorter experiment, if
we have enough petitions from residents and merchants in the area that say
they don't like the idea after all. I don't know that we should cut it short
after two weeks, it was supposed to be 90 days, but I have a feeling that we
ought to reschedule this very quickly, after 5:00 p.m. and get input from
a
7.
everybody. The experiment may not be working, it sounds to me, so we...
Ms. Melin: We can't wait for 90 days because...
Mayor Suarez; I didn't say 90 days, I said maybe 30 days from the beginning
of the experiment.
Ms. Melin: We'll lose clientele, we'll lose tenants.
Mayor Suarez: That's the only thing I can think of Commissioners, unless you
have any better suggestion, that we ought to schedule...
Mr. Plummer; Well, Mr. Mayor, the only thing that I am going to be insistent
upon, is that the mandate put on by this Commission, if it is not being
complied with, then it's over and that mandate was...
Mayor Suarez:
Yes, that's correct, I mean these things...
48 September 28,
Mr. Plummer: ... up in the morning, down in the morning, up in the
afternoon, down in the afternoon.
Mayor Suarez: They should be down after what time was it that we understood
it?
Mr. Plummer: Seven to 9:00 and 5:00 to 7:00, as I remember.
Mr. Prieto: The Commission resolution states, "shall be placed in position on
a daily basis by design district officials no earlier than 9:00 a.m. and
removed by said officials before 6:00 p.m."
Mr. Plummer: Yes, you're right.
Mayor Suarez: Yes, the idea is that after 6:00 there would be unimpeded
access and before 9:00 unimpeded access for rush hour and for employees and so
on. If that is not being complied with, and we also... they lose it. Do you
want to try to schedule a full fledged hearing for, I would say, the second
meeting of October, 30 days from today, Planning and Zoning agenda item after
5:00 p.m.
Mr. Plummer: That's fine, give everybody the opportunity.
Unidentified Speaker: (OFF MIKE)
barricades
put up, do not comply with the
Mayor Suarez: Why don't you come up to the mike, we can't take your testimony
if you are not on the record.
Unidentified Speaker: Excuse me, the barricades that were put up do not
comply with the barricades that were presented to us as merchants in the first
place. The barricades that were presented to us were barricades simply to
stop vehicular traffic, not to block the whole street from sight.
Mayor Suarez: That's my understanding too. Apparently, we just...
Mr. Plummer: Is this prohibiting the pedestrian traffic?
Unidentified Speaker: No, but it is inhibiting pedestrian traffic in the fact
that limits parking places if they don't think they can get on to 40th Street.
Mr. Kemp% In addition to which, when someone takes a look at that particular
sign that says, street closed, they either assume one of two things, and my
customers have actually said this to me. They say either there is a major
crime that has been committed in the area and no one is allowed to go in
there, or there is street main that's burst, or a gas main tnat's burst. Do
not enter, it says...
Mayor Suarez: It looks like an emergency situation that's taking place.
Mr. Kemp: Do not enter!
Mayor Suarez: There's the problem.
Mr. Plummer: Why don't you change the sign and say, detour to 39th Street.
Mayor Suarez% The signs will help, it may not be enough to...
Unidentified Speaker: I would like to raise the question to the business
people. When you install barricades, isn't that signifying that there is a
problem in your area?
Mayor Suarez: Wait, wait. Now, we are not going to get into a back and forth
discussion. We'll going to have a full fledged hearing after 6:00 p.m.
schedule it for 6:00, please on the 26th and we will take testimony. It may
be that it will have to cut short the experiment. The problem of barricades,
by the way, is becoming a problem that we are having to handle. We did them,
we installed them in Belle Meade and then we installed them on a temporary
basis in the Grove and it's becoming somewhat of a headache to put it mildly.
Unidentified Speaker; Is it feasible to have the barricades not put up until
this meeting comes up?
Mayor Suarez: No, this is an experimental period of time that we may be
shortening to 50 days instead of 90 days, if we so choose on the 26th, so get
your arguments ready and come back to us oc; the 26th. That's the best we can
do, we are going to have a full fledged public hearing.
Ms. Malin: You have 52 signatures right there of firms, business firms.
Mr. Plummer: They are on the record. You may need to get a few more just
to... that's what is happening in Morningside.
Ms. Malin: We don't, we don't...
Mayor Suarez: Wait, both sides are competing for signatures. Some claim that
people sign one signature and then the opposing position. Commissioner Range.
Mrs. Range: I do feel that the mention made of the signs stating street
closed, that can be changed without doing detriment to either side.
Mayor Suarez: Yes, absolutely, that should...
Mrs. Range: I think that should be changed.
Mr. Plummer: Make it detour to 39th Street.
Unidentified Speaker: Can we at least have barricades that aren't six feet
high.
Mayor Suarez: Why are they six feet high?
Unidentified Speaker: About five feet high.
Mayor Suarez: Which one?
Mr. Prieto: All of them.
Mayor Suarez: Federal regulations on the size of barricades?
Mr. Prieto: On this type of barricade.
Mayor Suarez: Well, he is saying State, you are saying Federal, now which is
it?
Mr. Fernandez: Well, all three, Federal State and County.
Mayor Suarez: I do not believe the Federal government should be involved in
the business of telling us the size of barricades in our City streets, now
come on. If they are, we ought to start suggesting to them that they
legislate in areas that pertain to them, which is, which they are not doing a
particular good job of. There are State regulations? Would you get those to
me and to the Commission?
Mr. Fernandez: I certainly will.
Mrs. Range: One more...
Mayor Suarez; Commissioner Range.
Mrs. Range: Just one more item. When we say detour to 39th Street, that
might not be the best thing. Can we possibly say, foot traffic only, or
pedestrian traffic only?
Mayor Suarez; That would be a very good sign to have.
Mrs. Range: Yes, pedestrian traffic only and then people would know they have
to park outside of the barricades and come walk in.
Mayor Suarez: And then you also have the sign that says entrance on the
street in question, which is very helpful. OK, we are back on the 26th on
this item. I don't believe we need a motion, do we, Mr. City Attorney?
Mr. Fernandez: If you are calling a public hearing, yes, we need a motion,
50 September 28, 1909
Mr. Plummer: So moved.
Mayor Suarez: So moved.
Mrs. Range: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 89-852
A MOTION OF THE CITY COMMISSION SETTING THE DATE OF
OCTOBER 26, 1989 AT 6:00 P. M., AS THE DATE FOR A
PUBLIC HEARING IN CONNECTION WITH COMPLAINTS OF
REPRESENTATIVES OF THE DESIGN DISTRICT CONCERNING
TEMPORARY BARRICADES IN THE AREA.
Upon being seconded by Commissioner Range, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Just one last statement, unless you disagree with what we've
done, in which case...
Mr. Pallant: (OFF MIKE) No. I just wrote a letter to Leonard Helmors with a
copy...
J
q Mayor Suarez: The mike, the mike!
Mr. Pallant: I'm sorry, I did write letter and faxed it in somebody's office,
a letter that I did write to Leonard Helmers and a copy to Perry Anderson to
say that we are very pleased with the enclosures in the district; however we
agree with Hal that we would like them smaller and it is more of an
inconvenience to put them up and take them out, because we wanted them to put
a
in our showrooms and if they can do it before this 30 days, we are in favor of
that because what's happening
pp g is a few people are paying for this putting it
in and taking it out.
Mayor Suarez: OK, and these signatures of course, are also introduced into
the record.
Mr. Kemp: Could we make it a permanent part of the record that the meeting be
held at about 6:30 in the evening?
Mayor Suarez: It's going to be at 6:00 p.m.
Mr. Kemp: Because this is the second...
Mayor Suarez: The way things are at City Hall, it will probably end up being
6:30 p.m.
Mr. Kemp: Well...
Mr. Plummer; After 6:00.
Mayor Suarez: After 6:00 p,m.
Mayor Suarez: OK, this is going to be after 6:00 and the way things are here,
the chances are it will be 6:30.
Mr. Plummer: More or less.
Mayor Suarez: More or less, as well as we can possibly... _
Ms. Melin: I just wanted to say one more thing. The 52 signatures that we
have, we don't have very many more businesses in the area and we are trying to
attract more business into that area.
14. DISCUSS AND REFER TO CITY ATTORNEY REQUEST RECEIVED FROM MR. LANCE
PASKEWICH FOR REHAB MONIES CONCERNING THE LUCERNE APARTMENTS PROJECT -
Direct City Attorney to recommend on this issue.
Mayor Suarez: OK, item 11, Lance Paskewich. Why does item seem to be a
recurring nightmare, this Lance Paskewich item, Paskewich?
Mr. Lance Paskewich: Yes sir. Good morning, Commissioners and Mayor. For
those that do not know about my particular agenda item, the City Commission
voted in 1986, July loth, to restrict $300,000 to rehab the Lucerne Apartment
Building and this is my manager, Hector Ortiz and anyway, the $300,000 has
been held since 1986. We then came back before the Commission July 23, of
1987 where another motion was passed for the City Attorney's office to settle
the $300,000 rehabilitation loan. We had one full day hearing at the City
Attorney's office, we've had three half a day hearings at the City Attorney's
office, but it has gone nowhere. The building has fallen apart, we've got
five tenants left out of 18 and we have an emergency situation with the roof
that is near collapse and it has collapsed, where we were asking Mr. Odio's
office and the Commission to see if there is a source of approximately $20,000
to get an emergency grant to put the roof on while the City Attorney's office
tries to in someway hurry up and settle the case one way or another.
Mayor Suarez: What is the nature of the case, the litigation?
Mr. Fernandez: The instructions of this Commission a while back to the City
Attorney was to look into allegations of irregularity in an application that
Mr. Paskewich made to the Housing Department in application filed I believe in
186 or 187. The scope was very narrow as to what the City Attorney was
supposed to do by way of investigating and coming back to you with a
recommendation. I acknowledged that there has been some delay in that. We
have put ourselves in a very...
Mayor Suarez: Mr. City Attorney, what is the issue that you are litigating?
Mr. Fernandez: No, there is no...
Mayor Suarez: I've gotten a lot of procedural terminology and no idea what we
are talking about.
Mr. Fernandez: Right, there is absolutely no issue in litigation, sir. If
you want short answers, that's it.
Mayor Suarez: What is the legal issue at stake here?
Mr. Fernandez: There is no legal issue, sir.
Mr. Dawkins: Well, why are we here, then?
Mayor Suarez: Why do they want $20,000 from us?
Mr. Fernandez: I have no idea, sir.
Mayor Suarez: If anybody knows? Why air, do you want $20,000 from us?
Mr. Paskewich: Well, what we are trying to say is that since July 23 of 187
it has been in the City Attorney's office.
s, 52 September 28, 1969
Mayor Suarez: What has been in the City Attorney's office?
Mr. Paskewich: The motion that was passed by the Commission, the agreement
was that whatever Lucia...
Mayor Suarez: The motion was to do what?
Mr. Paskewich: Whatever...
Mayor Suarez: If anybody can tell us.
Mr. Paskewich: It was Lucia Dougherty was going to...
Mayor Suarez: She was the City Attorney. What was the motion?
Mr. Paskewich: She was going to settle the pending $300,000 loan that's been
pending since 1986.
Mayor Suarez: What $300,000 loan? Can anybody shed some light on this, Mr.
City Attorney, Mr. City Manager, anybodyl
Mr. Fernandez: Yes. No, the instructions were not for the City Attorney to
settle. This Commission, and I read the transcripts, I don't have them with
me now, were simply to look into allegations of irregularities and to make a
recommendation to this City Commission.
Mayor Suarez: The allegations presumably by Mr. Lance Paskewich?
Mr. Fernandez: Yes.
Mayor Suarez: And what were those irregularities that he was alleging?
Mr. Fernandez: Apparently that he was erroneously denied his application for
funds from Housing.
Mayor Suarez: His application for what?
Mr. Fernandez: He was asking for like $300,000 to rehab certain property that
he owns.
Mayor Suarez: From what program, does anybody know?
Mr. Paskewich: Mr. Mayor, could I read the two motions?
Mayor Suarez: No, I'm asking the questions. Please, can I get some answers?
Mr. Fernandez: HUD rehab monies, Housing.
Mayor Suarez: Through our Housing Department?
Mr. Fernandez: Yes, air.
Mayor Suarez: Jeff, can you shed some light on what's going on here? -
because nobody else seems to.
Mr. Jeff Hepburn: Yes, he applied for a loan I think back in 186 and the
Commission in fact directed the Law Department to take a look at the Housing
Department and determine whether or not there were irregularities in his
application.
Mayor Suarez: He had applied for Housing rehab monies and he felt that we
were not treating him properly and that was the issue?
Mr. Hepburn: Right.
Mr. Fernandez: Correct,
Mayor Suarez: There we go.
Mr. Paskewichi Mr. Mayor, the motion was, "A motion authorizing and directing
the City Manager to hold in reserve and restrict as to use, $300,000 of
housing and development Federal grant monies until such time as the
Administration concludes an investigation presently under way in connection
with the complaint received from Mr. Lance Paskewich." That's the 186. In
187 when we came back again, the following motion was introduced by
Commissioner Plummer, who moves its adoption. "A motion directing the City
Attorney to get together with a representative of Lucerne Apartment Rehab
Project in connection with their request, further stating the City Commission
will be totally guided by the City Attorney's recommendation in making their
final decision."
Mayor Suarez: Which apparently at this point is that we do absolutely nothing
except go on with our business of allocating HUD monies, or any other kind of
monies that come into our control. How would...
Mr. Paskewich: We have called Jorge Fernandez and Vicky Leiva trying to get
the emergency money for the roof. They say that they are the Legal
Department, they can't do anything on our behalf, that it would have to the
Commission or the Administration, they would have to try to come up with the
funds to take care of the roof situation because again the case has dragged
out so long.
Mr. Fernandez: Mr. Mayor, the application in 1986 and the roof condition in
1989, as far as we are concerned, are totally unrelated and the roof or
anything that's happening thereon in that particular property is not the
essence of whatever the Law Department is supposed to be doing to determine
the correctness of the 186 application. He's here on a different item as I
understand it, which is $20,000 to fix a roof. He is not here necessarily, on
an ultimate determination of what happened with that '86 application.
Mayor Suarez: OK.
Mr. Paskewich: Mr. Mayor.
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: Is the $300,000 still in reserve?
Mr. Hepburn: Those funds are still there.
Mr. Plummer: They're still there, OK. Now, basically, the Legal Department
was supposed to come back to this Commission, or not really, if in fact they
found his 186 application in order, then that money would have been made
available, is that correct?
Mr. Fernandez: The Law Department was, the way that I interpret, as a
successor to Ms. Dougherty, the obligation of the Law Department was to
investigate and to look into it and to come to you with recommendations. It
is not necessarily to sit as judge and arbiter of the decisions of the
Department of Housing.
Mr. Plummer: OK, then it has now been three years.
Mr. Fernandez: Correct.
Mayor Suarez: You were supposed to determine if there were any
improprieties...
Mr. Plummer: How much longer are we supposed to wait?
Mayor Suarez: Wait J.L.
Mr. Fernandez: I will have on November 9th, City Commission meeting of
November 9th, I will have a final report to you, and that we have put
ourselves in a very tight schedule with Mr. Paskewich, to make sure that we
conduct all the hearings to satisfy him, to make sure that he has had an
opportunity to be heard and we are conducting our own reading into all the
documents that we have obtained.
Mayor Suarez: You are not prepared to say then, as to the initial
investigation, that there were no improprieties... see, I'm trying to a void
that word too, because I have a tough time with it... irregularities, or
improprieties, you are not prepared to say that today?
54 September 28, 1909
Mr. Fernandez: Yes, correct. At this point in time, as to the 186, no we are
not.
Mr. Plummer: I don't consider three years to be very tight.
Mr. Fernandez: Two years.
Mr. Plummer: I don't consider two years to be very tight!
Mayor Suarez: It doesn't sound like a tight schedule at all to me.
Mr. Fernandez: Well, since this item has resurfaced...
Mayor Suarez: No, it has not resurfaced. Presumably you were supposed to get
back to us with a finding that we requested three years ago.
Mr. Fernandez: I sure wasn't.
Mr. Paskewich: Mr. Mayor, also I want to say for the record that since May
18th of last year, I tried to get one meeting with the City Attorney and I've
made 100 phone calls maybe, in a year and a half's time and never been able to
have one meeting.
Mayor Suarez: Did you think of calling any of the Commissioners to see why
you were not being granted a meeting by the City Attorney or his assistants
that are...
Mr. Paskewich: Yes, I met with Vice Mayor De Yurre, you know, to explain to
him the problem that we were having.
Mayor Suarez: He has always been very responsive to any meetings that I
requested and so has the Manager. I mean, any Commissioner can ask and
request a meeting through the Manager or otherwise.
Mr. Plummer: So Lance, run for Mayor and you got your problem solved.
Mr. Fernandez: Mr. Mayor, as a matter of... in the way in which I run my
office, I have made an Assistant City Attorney available to Mr. Paskewich.
Mayor Suarez: Who is that, by the way, Mr. City Attorney?
Mr. Fernandez: Ms. Vicky Leiva, who has met with him.
Mayor Suarez: You don't necessarily get to meet with the specific person that
you'd like in the City Attorney's office, and in this particular case, the
City Attorney, she's assigned to it, she's the person.
Mr. Paskewich: Well, the problem we've had is that Lucia Dougherty issued a
two page memorandum, saying exactly what the scope would be, the time table,
and how it was to proceed. Jorge Fernandez said that whatever Lucia Dougherty
committed in writing, with myself and my attorney, that that is what the Law
Department would follow.
Mr. Fernandez: I have never said that, sir.
Mr. Paskewich: But they have refused to follow what Lucia Dougherty put in
writing to us.
Mr. Dawkins: But you see, I think the most important thing that is being
overlooked here is Lucia Dougherty made one determination on the expertise she
got in law school and he made another determination on the expertise in the
law school where he went, so I think now we've got to try to find out how to
reach a happy medium here and...
Mr. Plummer: All the tightness will come to effect on November 9th.
Mr. Fernandez: You got it.
'_- Mayor Suarez: Yes, we need his final report, that's not to prevent... and you
won't have any problem with him meeting with Vicky Leiva, obviously, with your
it Assistant City Attorney.
=k.
ss
`� 55 September 28, 1989
Mr. Dawkins: You assigned it to her.
Mr. Fernandez: They have met and there has been ample communications.
Mayor Suarez: OK, but maybe additional times, if needed, OK? And we'll get a
full report from the City Attorney at that point.
Mr. Paskewich: Is there anything the Commission can do to help us try to find
some emergency grant money for the roof? - because I mean , we're talking
about...
Mr. Plummer: There's no way. We can't do it, Lance.
Mayor Suarez: Well, no, that could be a separate application. Is there any
money for that kind of a request?
Mr. Hepburn: No sir, our rehab programs don't allow for emergency grants such
as in terms of what Mr. Paskewich wants.
Mayor Suarez: And how long does it take for you to process any kind of a
grant of that sort that he is contemplating?
Mr. Hepburn: It has to be loan, it has to be a loan, it can't be a grant. It
has to be a loan or combination of grant in some cases.
Mayor Suarez: No facade improvement or rehab loan or any of that? I'm
getting a yes and a no back there.
Mr. Hepburn: No. There is a program that is a combination of both a grant and
a loan, OK? - in terms of multifamily rehab project, but in terms of what he
wants to address, the problem with the roof, I think we just can't do it.
Mayor Suarez: Well, but I mean, if he gets the dollars to rehab and uses for
the roof or whatever, maybe that's within the contemplation of the program.
Mr. Hepburn: But he has to go through a process where there is an actual
closing.
Mayor Suarez: Oh, yes, oh, I understand that. And how long does that take?
Mr. Plummer: Two years.
Mr. Hepburn: About 90 days,
Mr. Paskewich: Mr. Mayor, I met with the Housing Department and Bill Perry, I
guess a month ago, or several weeks ago to try to get money and the basic
bottom line again was to put in application number 6. I mean, I have a 1980
application, 183, 185, 186, 187. I've applied on...
Mayor Suarez: Well, if you got turned down one year and another year and
another year for valid reasons, that doesn't preclude your applying this time
and...
Mr. Paskewich: No, I wasn't turned down for any valid reasons, you know.
Mayor Suarez: I am assuming that, I can't assume otherwise until I get a City
Attorney's...
! Mr. Paskewich: But the point is, I'm losing $4,000 a month with having the
1'
whole building vacant, and we don't seem to be getting anywhere.
Mayor Suarez: Oh, yes, we are not in the business of protecting every you
know, housing complex in the City. We try to the best of our abilities to use
Federal funds to apply them within the guidelines, so you'd have no problem
meeting with him tomorrow and trying to process your latest application.
l' Mr. Paskewich: Or if they could maybe work with Frank Castaneda and see if he
has any money, because you know, Frank told me to call Jeffrey.
Mayor Suarez: Yes, Frank in fact, is involved the whole CDBG grant process
and loan process and maybe there would be some other monies. OK, so they are
e¢' ready to meet with you and process it, but it does take about 90 days.
-I 56 September 28, 1989
Mr. Paskewich: Thank you, Mr. Mayor.
15. DISCUSSION REGARDING THE STATUS OF VARIOUS ISSUES CONCERNING BLACK
FIREFIGHTERS.
Mayor Suarez: Item 12, discussion regarding the status... who requested...
Chief.
Ms. Range: Mayor, I...
Mr. Odio: It was requested by Commissioner Range.
Mayor Suarez: Commissioner Range.
Mrs. Range: I have a statement I'd like to read and it's a little lengthy,
but I hope you'll be patient. This is directed to the Mayor and members of
the City Commission.
"The City of Miami Fire Department has been the subject of rather
intense review and scrutiny for nearly three years and serious
allegations and discriminations publicly surfaced and were brought
to the attention of the City Commission during the month of
February in 1987. As a result of long discussions and the
presentation of testimony by black and other minority
firefighters, the City Commission on May 14th of 1987 adopted
Resolution Number 87-423 creating an independent panel of seven
experts to conduct a wide ranging investigation into charges of
discrimination in the Fire Department. In December of 1987 the
City of Miami received the National Investigative Panel's report
and formal presentation of its investigative findings, conclusions
and recommendations pursuant to allegations of discrimination
based on ethnicity, national origin and gender within the Fire
Department. As a result of this report, it was recommended that a
progressive action plan be developed to remedy the specific
practices which were identified as systemic and discriminatory and
which have resulted in inequitable treatment of minorities and
females. At that time, the City Manager directed the Fire
j
Department and the Department of Internal Audits and Reviews to
thoroughly review the panel's recommendations and findings and to
develop a plan to remedy the identified problems. In addition,
the City Manager authorized a special advisor to facilitate the
development of more detailed recommendations, required actions and
specific tasks for a consolidation into a comprehensive action
plan."
I'm going to skip one or two of these, because it will come up in the
discussion.
i-
_i
"The National Investigative Panel's report concluded, some
inequitable treatment has been sanctioned intentionally or
-�
unintentionally by the Department. They also determined that
adverse actions have disproportionately impacted blacks and
Hispanics. These actions include selective discipline, such as
writeups and bringing of charges on minor actions. Although the
National Investigative Panel issued its report in October, 1987,
conditions that create a substantial impression of discrimination
in the Department still exist. In the light of these fairly
recent observations, ongoing concern throughout the community and
the continuation of allegations regarding unfair treatment of
black and other minority firefighters, it is altogether fitting
that this City Commission hear from the Administration and
representatives of the Professional Black Firefighters Association
as appropriate, concerning the status of ethnic racial relations
-
in the Fire Department. Specifically, for today's meeting, I have
}
requested that the City Administration be prepared to provide an
appropriate response to the following issues pertaining to the
City's black and ethnic firefighters: the membership in and
`
representation by the Fire Union; eligibility for pensions and
insurance benefits• minorityrecruitment and promotion, ethnic,
racial, male and female; Affirmative Action in the Fire
57 September 28, 1949
Department's executive ranks; implementation of the National
Investigative Panel's recommendation, harassment of minorities and
women. These are the items that I would like to have discussed,
and I would like to have you know why this has become an issue.
It is because we do have the ongoing disparities within our Fire
Department, and I feel that none of us up to this point are
willing to face up to what is actually going on, and to try to
find some remedy for it before some major circumstance happens, of
which none of us will be proud."
And with that, I give it to you, Mr. Mayor.
Mayor Suarez: Thank you, Commissioner. Some of the things that the
Commissioner has brought out remind me of something that took place recently.
I had occasion to meet with a firefighter who asked that I look at his quote,
unquote, anecdotal, as well as at another firefighter's anecdotal. I asked my
staff to obtain these through the Manager's office from Personnel and I got a
totally different kind of file from an anecdotal. Then Chief, I saw you at
the last Commission meeting, I said, this is not really what I wanted to look
at. It is .interesting to me that there seems to be a lack of communication
between personnel and you in your Department as to what constitutes somebody's
personnel file. If indeed these anecdotals don't mean anything, which is what
I am beginning to conclude, because everybody seems to write all kinds of
things in them about each other - I never seen a department in my life that
has that kind of a conduct, then we ought to just get rid of them, Chief, and
tell people if you want to write each other letters, you got nothing to do but
write each other letters, go ahead and write each other letters, but we are
not going to make them part of any kind of a file unless a supervisor deems
that they are relevant to something. I mean, people are not necessarily going
to like each other in every department of the City, but we don't have any
other department that I'm aware of, that every time two people disagree, they
put it in writing and it ends up in some kind of a quote, unquote, anecdotal
and aggravates what are otherwise human and maybe racial problems as the
Commissioner has pointed out. We also have this recent incident, I just got
one letter yesterday and then today, your response as to an incident at as
very high level, a chief fire officer presumably is a high level employee, is
he not, in the Department?
Chief Colonel Duke: That's correct.
Mayor Suarez: Is that not the next highest level to a chief in the
Department?
Chief Duke: In the pecking order from the top down, it would be the third
level.
Mayor Suarez: Right, and you know, here's a letter and a response to it on a
very, what appears to me, to be perhaps a very minor incident and people feel
compelled to write these long letters and I wonder if you and the Manager have
sat down with the people in question and try to work these things out, because
we've got enough other very difficult problems in the Department including the
issue of Affirmative Action and how we do promotions in the Department, which
are problems that the whole country is wrestling with, do not have these
little personal things blow up, you know, by having a chief fire officer write
a letter and you have to respond, it seems to me, that there is some lack of
hands-on management here, and I have to say that on the record. I believe
that you have to take a more active roll in supervising thing. I believe you
have to go out to the stations and figure out a way that people understand
what is our Affirmative Action policy, and that while it is in effect, it will
be implemented at all levels, it will be respected at all levels, people can
fight, or not, against it through the court system and that brings me to the
first of the points the Commissioner raised, which has to do with the Fire
Union. I know that the president of the Fire Union is here, or maybe the
assistant president. Lou, can you give us any status report on the issue of
bringing the black firefighters back into the union? Any progress at all on
that? - or are we litigating that too?
Mr. Lou Kickasola: Lou Kickasola, vice president, Miami Association of
Firefighters and the address is 1701 NW 79th Avenue. Inasmuch as I'd like to
discuss at length the issues that we've talked about here today, so far, and I
1 don't know what is going to be forthcoming, I am going to...
i
58 September 28, 1989
Mayor Suarez: Well, that was the first one of the issues she mentioned, so if
you could address that, that would be very helpful.
Mr. Kickasola: I'm going to be limited on what I can respond to, because of
the advice of counsel, unless you are not aware of it, the union is in the
midst of a class action suit against us. The union, and also individuals of
the union and also the City is in a class action with that same suit plus
individuals.
Mayor Suarez: But the union cannot be in a class action suit against you
because you are the union.
Mr. Kickasola: I'm simply stating to you that we are limited by advice of
counsel to respond to some of the things that have made...
Mayor Suarez: What's the litigation that you refer to? It is litigation by
whom against whom, Lou?
Mr. Kickasola: It's against Boykin and others. There are several members
that were...
Mayor Suarez: By? No, it's by them.
Mr. Kickasola: By them, yes, against the union and individuals in the union.
Mayor Suarez: OK, at one point in this Commission, I thought I heard on the
record that a mediation procedure had been established for the issue of the
black firefighters.
Mr. Kickasola: Exactly. I was going to speak to that next. I was going to
speak to that, that's something I could respond to, other than the other
issue.
Mayor Suarez: Well, that will be helpful, because I remember that I was
supposed to be a member of the panel and then I didn't hear from either side
on it.
Mr. Kickasola: Exactly. If you remember, Don Teems when he stood here, he
stated to you that he was open to mediation. I am here standing here today
saying we are repeating that, we are still open for mediation. To bring you
up to present, a Federal mediator was picked through, I think it was either
through the City Manager's office or through Dean Mielke's office. James
Elmore was chosen to come down to try to mediate those problems that we had
ongoing with black firefighters. He was unsuccessful in being able to
mediate.
Mayor Suarez: Do you have any idea why I wasn't advised of that mediator to
meet with the mediator and try to solve this problem, if I was supposed to be
one of the mediators?
Mr. Kickasola: I cannot speak to that, I can only try to give you an update
on that, what I'm trying to do now. He, f rom what we got back, he was
f
unacceptable to the black firefighters. We also had Richard Womack, who is
the leader of the Civil Rights Division of AFL-CIO, come down to help be a
'-
facilitator between Mr. Elmore and the union and the black firefighters, and
--
that was of no avail, so that's presently where we are at right now and also I
would like...
Mayor Suarez: Do you know where, along the line, or how, along the line, the
—'
idea that I might be involved on behalf, as agreed to by both sides, was
i
�i
dropped?
Mr. Kickasola: We had asked you and Commissioner Dawkins to be part of it
i
and...
Mayor Suarez: Right, do you have any idea how or when or by what mechanism
that idea was dropped?
i
o
Mr. Kickasola: I don't know where that dropped.
1,
=
Mayor Suarez: Who dropped the ball on that?
59 September 28, 1989
■
Mr. Kickasola: It's... we didn't drop the ball, it's still open. I'm
repeating here today, we are still open for mediation, the Professional
Fighters and us, we are still open to that.
Mayor Suarez: Are you still open to a mediation by Commissioner Dawkins and
myself?
Mr. Kickasola: Certainly.
Mayor Suarez: OK.
Mr. Ben Boykin: Ben Boykin, president of the Professional —
Mayor Suarez: Mr. Manager, if you disagree with that procedure, put it on the
record, sir.
Mr. Odio: I was the asking the City Attorney in private, Mr. Mayor, that I
cannot comment on that issue because I'm part of the lawsuit, number one, and
two, I have to recognize only one union, by law. That's what I was asking.
Mayor Suarez: OK, on these issues, this Commission has taken notice of all
the remarks and all the observations and all the suggestions made by everybody
who has appeared here and I hope that that is perfectly legal, because that's
exactly what we intend to do. Go ahead, sir.
Mr. Boykin: Ben Boykin, I'm president of the Professional Black Firefighter's
Association, address 6600 NW 27th Avenue, Suite 205. I wasn't informed either
there was any mediation or any attempts for a mediator, and I don't know how,
you know, the union says they are going to mediate and when we both were at
the Commission meeting when you instructed them to advise you of the mediation
process, and what's going on, and they didn't advise me of any type of
mediation. The Black Firefighter's Association...
Mayor Suarez: Can you speak on behalf of the association and say whether
you'd be willing to have Commissioner Dawkins and myself or either one of us,
to try to mediate this issue? Are you in a position to be able...
Mr. Boykin: I'm speaking on behalf of the Professional Black Firefighter's
Association, and we would do what's necessary to resolve the problems within
the City of Miami department.
Mayor Suarez: Are you in a position to state whether you would like to have
the two of us, or either one of the two of us to mediate?
Mr. Boykin: Yes. We have made attempts to resolve this problem, we have sent
the Commission a list of things that we thought that need to be addressed and
they weren't addressed. And the union, I don't think the union ever responded
to that.
Mayor Suarez: OK, and you are of course in court litigating the issue of the
exclusion of black firefighters from the union, among other things.
Mr. Boykin: Yes, we are.
Mayor Suarez: Do you want to go on to some of the other items?
Mrs. Range: Surely. Go right ahead.
Mr. Boykin: Mr. Mayor, I'm kind of confused here. I would like to know...
I
iMayor Suarez: You're not the only one.
f Mr, Boykin: Yes, how could you as Manager, in good faith negotiate with a
F
union that alleged that we did some kind of unfair labor practice when your
Commission says that it didn't happen and I think the union...
f Mayor Suarez: Well, but the reason is, we're not the proper body to decide
that. That has to be decided by a court. I intuitively don't think that you
have engaged in anything that is an unfair labor practice, but I don't make
that final decision, neither do any of the Commissioners. Unfortunately a
court has to decide that and you are in court arguing about that. I presume
that they have counterclaimed and have made that an issue. I think they have,
60 September 28. 1080
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Mr. Boykin: Yes.
Mayoi Suarez: It's all under State law and has to be decided by a court.
That is not our province, unfortunately.
Mr. Boykin: Yes, but what I'm trying to say, Mr. Mayor, is that the black
firefighters have a right to an environment to work in that's free of racial
harassment and the Commission has not furnished us with that type of
environment. These things that...
Mayor Suarez: We're trying, but I understand what you are saying, we're
trying.
Mr. Boykin: The things that you asked the Chief to do has not been done.
There is a letter that was sent to the Manager. The Manager sent the letter
to Chief Duke on May 25th, I'm just going to read part of the letter: 'All
racially motivated harassment, epithets, threats, verbal abuse, derogatory
comments and any acts contributing to create hostile work environment must be
eliminated immediately." OK, bui; that's not happening. I had a personal
problem with that and I talked to manage... I brought up in f ront of this
Commission months ago and no one addressed the issue. I brought it up to the
Chief in several meetings and I finally got an ear for him to address the
issue and...
Mrs. Range: What is that issue, please? Would you state it for my benefit?
Mr. Boykin: I was harassed at a morning meeting by a union representative,
OK, and the Chief, Chief Duke, I asked for an investigation after that and to
give you an idea of why things are so messed up in the department, it is just
like pass the buck on down to the next person when they want to get something
done, and in my opinion, the investigation was concluded before it even
started. OK, Chief Duke initiated the investigation, he passed it down to
Chief Jordan. It looks like Chief Jordan passed it down to Chief Byrd, Chief
Byrd then passed it down to Chief Wheeler, Chief...
Mayor Suarez: Which is right away a problem of terminology. I wish you would
consider doing something about all the Chiefs in the Department and end up
with one Chief and call everybody else some other kind of name. Go ahead,
sir.
Mr. Boykin: Right, OK, Chief Wheeler then passed it down to Acting Chief
Erice.
Mayor Suarez: You got five chiefs so far.
Mr. Boykin: Right, OK, then Chief Erice asked Captain Hartley to do an
investigation. OK, what happened was, we were at a union meeting, I mean, we
were at a morning meeting. At a morning meeting we usually cover what
happened during the rest of the duty days that were off, and John Crawford is
the union representative for station one. Someone asked John Crawford to get
up and give a union report. John Crawford got up and said, well, I don't
think you guys should be talking to Ben Boykin because he is the president of
the Black Firefighter's Association and he's suing you and he's trying to get
in your pocket. I had to stop him because I didn't think that was appropriate
for the meeting. In my opinion that's harassment, OK? I made that statement
to Chief Duke. After three or four times he finally took it upon himself to
ask somebody to look into what I was talking about.
Mayor Suarez: Let me ask the Chief. Commissioner, do you want to ask
something? I just wanted to ask the Chief, do you ever, in those situations,
when something gets all the way to your level, decide not to delegate it to
someone else, but to investigate it yourself? Forget passing it down to the
next level and the next level and just go out there and talk to the officers
involved yourself, Chief?
Chief Duke: Colonel Duke, Fire Chief, City of Miami. My address is 1231 NE
81st Terrace, I live in the City of Miami. My management style is I keep as
close a finger on what's going on in anything that I'm involved with as I
possibly can, and many of these are no different. The problem that I have is
that I am but one person and I have to rely on staff to deal with the many
issues that come, just like most of the Commissioners and the Mayor sitting up
here in front of the group today.
41 September 28, 1989
Mayor Suarez: Do you ever have a situation where you decide that these
matters should be handled directly by yourself and go ahead and meet with the —
people affected? -
Chief Duke: Yes, I do.
Mayor Suarez: Can you point to one recent incident wherz you yourself
investigated and sat down with the people affected and made a determination as
to whether they are exaggerating, telling the truth or...
Chief Duke: The one that just appeared in the paper where a captain has been
charged with something that's serious in nature. I've personally been
involved in that one.
Mayor Suarez: That has to do with the posting of the photographs and all
that?
Chief Duke: Yes.
Mayor Suarez: Does anybody have any idea...
Chief Duke: That's the most recent one that I can think of, you know, right
off the top of my head.
Mayor Suarez: Does anybody have any idea how long that went on before it was
found?
Chief Duke: The pictures, personal pictures have been in that station for
probably as long as that station has been there. The pictures in question, we
really don't, I don't have a knowledge of whether that's been, you know, five
weeks, ten weeks, five years or whatever, but at this point, we're... expect
to have when we conclude here today a full report by the staff on that issue,
and then I will make the final determination on that with the City Manager.
But many times I get involved with many of the issues personally. Most of the
issues that I get involved with personally are the ones where I am in
litigation or dealing with the union through the grievance and arbitration
positions. One that I can remember -that is kind of close to your heart is
when you had some concerns and you voiced them about three budgets ago,
regarding the number of chiefs. We ended up in litigation with the union on
that one, and it was ruled that we couldn't do that or change those names, it
was title change that we were looking, for and we couldn't do that.
Mayor Suarez: We'll, get around to that on the negotiations with the union as
to whether we can change names or not.
Chief Duke: OK, but you know that is a personal situation. As far as the
issue that Mr. Boykin is speaking to, I did turn that one over to Chief Jordan
to look at, and Chief Jordan at this time is prepared to speak on that. I am
sure that the Commission is getting some, I think, erroneous information. I'd
like for Chief Jordan to address that particular issue if possible.
Mayor Suarez: Well, the only information that I was concerned with, was not
the merits of the case, it was the fact that it seems like the matter gets
referred down to one individual who refers it to another, who refers to
another, about three layers worth, instead of you taking direct action, that's
the only thing that I was interested in. Maybe the other Commissioners have
other questions.
Mr. Boykin: Mr. Mayor, can I say something, please?
Mayor Suarez: I think the Commissioners have to lead the debate in the
inquiry.
Mr. Dawkins: How many, Chief, black firefighters do we have?
Chief Duke: Seventy-five.
Mr. Dawkins: Seventy-five, and we have a quote, unquote, work force that has
75 people in it in which the majority decides to put 75 people out of the
quote, unquote, bargaining unit without any benefits. Now, Mr. Manager and
Mr. City Attorney when time comes to renegotiate the firemen's contract, l
0 0
want somebody to tell me legally if you have to get it from the Attorney
General of the United State of America, if an organization can collect money —
as representing a total group of individuals and because they don't like the
way they part their hair, they can put these 75 people out without any redress -
and if they can do so, then who represents the 75? How does the 75 get
representation and what redress does the 75 have, that's number one. The
second part of my question is, if 75 people are eliminated, what happened to
all the money that was withheld from them for pension, insurance and other
benefits? What happened to the money that the City of Miami put with that? -
and how much interest is owned them so that they can in turn go back recoup
that?
Mayor Suarez: Yes, let's answer that. Presumably the answer to that is that
all that money is going into their pension fund like anyone else's and if not,
we got real problem.
Mr. Odio: I can answer that. They have all the benefits intact.
Mr. Dawkins: Beg pardon?
Mr. Odio: All their benefits are intact.
Mr. Boykin: That's not correct, Mr. Manager.
Mr. Odio: That's I have been informed.
Mr. Boykin: Well, I'm here to tell you that that's not correct.
Mayor Suarez: OK, in which way are they not correct? Do you want to ask the
firefighter?
Mr. Dawkins: No, go ahead, Mr. Mayor.
Mr. Odio: You don't lose a penny of the pension.
Mayor Suarez: What's incorrect, firefighter?
Mr. Boykin: But one thing, the sick pool, we don't have usage of the sick
pool, we all donated 24 hours to the sick pool for an emergency if we have an
emergency and the black firefighters do not have usage of that pool, even
though that was not a condition to donate the time, union membership was not a
condition when we donated the time to that particular pool.
Mr. Odio: I think he is right on that, that's a union pool.
Mr. Boykin: That's not a union pool, Mr. Manager.
Mr. Odio: That what I... why, what is it?
Mr. Boykin: No, the pool...
Mr. Dawkins: Well, if it is a union pool, why are they taking their time if
they are not nonunion members?
Mr. Odio: We don't contribute, I mean, the City doesn't contribute to that.
Mr. Boykin: Well, that's, well we are not receiving the same benefits. We
have no representation at all. When you...
Mayor Suarez: Well, there may be things that the union does for its members,
whether they are rightfully excluding you or not, that if you don't
contribute to them, they have no obligation as to you and that may be one of
them.
Mr. Boykin: No, no, I'm saying, Mr. Manager, if you donate 24 hours under the
pretenses that you are going to have some time when you need it, and union
membership...
Mayor Suarez: Well, it sounds like it probably be a good idea for you not to
donate the 24 hours because you are not part of that collective agreement.
63
September
2$,
1909
Mr. Boykin: No, what I am saying the time has already been donated, they took
the time and they did not give us our time back when they kicked us out of the
union.
Mayor Suarez: You would think that the union would at least agree on that
particular issue, if in fact there is some retroactive time, they should give
you credit for while you were still part of the union. It doesn't sound like
a...
Mrs. Range: Plus the fact, Mr. Mayor... excuse me just a moment, plus the
fact the group who actually came to see me were very, very chagrined because
of the manner in which they are being treated. Now, they said that when they
were ousted from the union, there was no accounting of the accrual of their
time, or anything else. They lost all of their time accrued in the sick pool.
This is one of the items that I have. See, I wrote it out and they talked
about it.
Mayor Suarez: I guess what they are...
Mrs. Range: Let me say something else too. What I would like to know from
the union representative is, do you accept blacks into the union as they are
hired, since this ouster?
Mayor Suarez: Oh, they have to.
Mrs. Range: Yes, but they have some conditions, though...
Mayor Suarez: They'd better, they damn better.
Mrs. Range: ... they have some conditions. I want to know what conditions
they accept them on.
Mayor Suarez: I can't imagine that you would dare impose any conditions on a
black firefighter that just comes into the department. Let's make sure we get
that on the record.
Mr. Kickasola: No, sir, we do not, and as far... no, sir.
Mrs. Range: You do not impose any conditions, even if they associate
themselves with the black firefighter's organization?
Mr. Kickasola: Once they become... it's been since this developed, there has
been people put on notice, it's usually occured a year after they are on the
job that we found they were belonging to the second, the other organization,
Black Firefighters organization, and we give them 45 days notice to decide
which organization...
Mrs. Range: That is a condition of which I speak, that's a condition, isn't
it?
Mr. Kickasola: No, it's not, and...
Mayor Suarez: That's a tough one, Lou, I mean, if belonging means associating
with and discussing issues with, that sounds like a first amendment protected
right and let me just...
Mr. Kickasola: Again, we are getting into an area here that I've been
advised...
Mayor Suarez: We're not the court of law, but I want to warn you on that,
that sounds like a first amendment right of them to associate and discuss any
issue they want with any other...
Mr. Kickasola: We're talking about a rival labor organization. It was
declared a rival labor organization _ our rules and conducts of our bylaws.
Mayor Suarez: I understand that there's laws that cover that, but none of
those laws are superior to the Constitution of the United States of America,
Lou, so I'm warning you on that. Now, I am not a court of law, we cannot...
Mr. Kickasola: I'm so warned, but I'm still advising you that we are still
under advisement of counsel not to discuss in length, it is a class suit.
64 September 20, 1989
0 0
Mayor Suarez: You'd better get a lot of advice form counsel.
Mrs. Range: I have the advisement here that new firefighters are union
members only as long as they separate themselves...
Mr. Dawkins: From the other blacks.
Mrs. Range: ... from the Black Firefighter's union, and that is a condition
of which I speak.
Mr. Kickasola: You're taking it out of context. No, we go to the Fire College
and ask all the members to come on board and sign up for the union. They sign
on. What happens after that fact is, as has been in the past here, lately, is
members have become members of the rival labor organization. When that fact
becomes known to us, we then put those members on notice that if they become
members of that rival labor organization, that they have a choice. They have
a choice to stay as a member of the Local 587 or to... they have a choice of
staying with either one, but they cannot stay in both, because one is has been
declared a rival labor organization under the bylaws of our union.
Mrs. Range: All right, let me ask you, let me go back to one other item and
that's the insurance claims as they were ousted from the union. I understand
that they were out of the...
Mayor Suarez: Sick pool?
Mrs. Range: Yes, of the sick pool or their claims for a certain period of
time. I don't know how long that time was, maybe our Administration can
answer.
Mr. Kickasola: Unfortunately I can't respond to that.
Mrs. Range: You have nothing to do with that, all right, then I'll...
Mr. Kickasola: No, I can't respond to it under advice of counsel, because
that is part of the litigation that is going on right now.
Mrs. Range: All right, maybe somebody over here can respond to it. How long
were these people out?
Chief Duke: Commissioner, I think that Labor Relations can better address the
insurance issues than I can.
Mrs. Range: All right, we'd like to hear that.
Mr. Dawkins: Before she speaks, I'd like to make my last statement and be
finished with this. Mr. Manager, in the even that God smiles on me and I'm
reelected on the 7th of November, I will be making a motion that under no
circumstances do you negotiate to sign any contract with any organization that
does not represent all of the firefighters. That's the...
Mr. Plummer: Who wish to belong.
Mr. Dawkins: Beg pardon?
Mr. Plummer: Who wish to belong. It's not mandated. A man has a choice of
joining the union or not.
Mr. Boykin: None of our members quit. We were all kicked out.
Mr. Dawkins: No, but see, I'm not talking in terms of a union. I'm talking in
terms of that entity that is the work representation of the firefighters.
Now, you can call it a union, you can call it an association, you call it a
garden club, you can call it anything you want, but that organization, I do
not... I'm going to attempt to get three votes not to negotiate with them
unless they represent all of the firefighters who want to belong.
Mayor Suarez: OK, Commissioner Range was inquiring.
i
Ms. Sue Weller: Yes, Commissioner Range, Sue Weller, assistant labor
relations officer, in reference to your questions on the claims for group
insurance. At the time of that...
65 September 28, 1989
emu:_.
Mrs. Range: Elapsed time, yes.
Ms. Weller: Yes, when they were moved out of the health trust for the
firefighters, there was a period of four days where a certain number of the
_ black firefighters were not covered, whereas another set of black .firefighters
were covered just evidently for the time frames at what point they were
expelled from the union.
— Mrs. Range: All right, I would like to know if during that period any claims
which might have been turned down so to speak, because of their being ousted,
any claims that might have been turned down at that time, was any adjustment
made with the payment of these claims?
Ms. Weller: We are unaware of any claims that were turned down. If there was
a problem with any claims and if they are brought to our attention, then the
City will take care of it.
Mr. Odio: If there any claims...
Mrs. Range: All right, Mr. Boykin, do you know of any...
Mr. Boykin: I think there are claims that hadn't been paid. I will get the
exact ones and...
Ms. Range: We need to know, we need to have it documented.
Mayor Suarez: OK, yes, document that, we need for you to document that so we
can solve it, otherwise we can't do anything with it.
Mr. Boykin: OK, I can get, if it is so, I'll document so we can strike...
let me...
Mrs. Range: Mr. Mayor, just before we leave this point, I would want to...
Mr. Boykin: Let me, can I say something to that?
Mayor Suarez: No, no, please. Commissioner, go ahead.
Mrs. Range: I would want to have it understood that if there are claims that
are outstanding during this period of time, that these be retroactively made
good, and if any of these firemen had to pay their own hospital bills or
whatever might have come up, that they be reimbursed.
Mr. Boykin: Can I say something? We skipped over what we started on, the
harassment that was not followed up on and I'd like to get back right...
Mrs. Range: Well, there's a lot of issues here.
Mayor Suarez: Which specific harassment? - because we had extensive hearings
on harassment, individual cases of harassment, there was a panel that
investigated it and tried to institute all kinds of procedures and mechanisms
to avoid in the future. Which ones are you making reference to?
Mr. Boykin: Can I cut it real short? What I was trying to get to was that
when I made those claims of harassment, it was not investigated thoroughly.
No one asked me what did I think about what happened that day or what was my
opinion. Their total investigation was done completely around me. Anybody
with any...
Mayor Suarez: OK, let me clarify that point. Now, you are saying that at no
point, anyone from the Fire Department of your superiors at any level
interviewed you on your claim?
Mr. Boykin: I was asked to leave when they were holding the meeting to
discuss it.
Mayor Suarez: OK, let me ask the Chief about that. Do you know about this
specific incident that firefighter Boykin is talking about?
Chief Duke: Yes, I do and this is the one I would like Chief Jordan to handle
because he was...
66 September 20, 1909
Mayor Suarez: Well., let me ask you first, though. Do you know of anyone in
your department who actually interviewed firefighter Boykin on his
allegations?
Chief Duke: I would have to assume that he was definitely interviewed. He
and I had conversations on this several different times. To my knowledge it
had gone through the entire process. The question was whether...
Mayor Suarez: OK, now, but a better answer you say can be provided by Chief
Jordan?
Chief Duke: Yes, by Chief Jordan. He was involved in this.
Mayor Suarez: Let's hear from him, then.
Chief Floyd Jordan: Floyd Jordan, Deputy Fire Chief. I'll attempt to answer
that question. We received Ban Boykin's complaint at a meeting with the
Concerned Citizens, I believe that was a group of ministers. Based on his
specific complaint, I directed that an investigation be made that all of the
individuals who were present at the meeting be questioned and provide us with
a statement. Those statements were provided, and based on these statements
that each firefighter made, we had to conclude that no harassment took place.
Mayor Suarez: Well, was he himself interviewed, firefighter Boykin
interviewed or not?
Chief Jordan: At that particular meeting, no he was not.
Mayor Suarez: Or anytime on that issue, on those allegations?
Chief Jordan: By us, yes, verbally. He verbally gave us the complaint at the
meeting.
Mr. Boykin: No, I was never interviewed when this investigation was
conducted. No one asked me what is your problem, what are you complaining
about, no one. I was asked to leave the meeting when this thing was discussed
and a statement...
Mayor Suarez: Which meeting is that, firefighter?
Mr. Boykin: When the Captain from my station called all of the members into
the cafeteria to discuss this issue.
Mayor Suarez: All of the members of the station?
Mr. Boykin: All the members of the station that was present that morning when
this happened. When I got there, he said, Boykin, this involves you, but it
don't involve you, so you can leave.
Mayor Suarez: Who was that Captain?
Mr. Boykin: Captain Hartley, and Captain Hartley did not ask me one word at
the time of the investigation, nor did Captain Erice. Captain Erice spoke
with the other person, John Crawford, with union representatives all day.
Mayor Suarez: I've never in my life heard of any procedure that would call for
a captain of a station to interview every firefighter there except for the one
making the allegation. That's...
Mr. Boykin: Mr. Mayor, this is standard procedure, it happened the same way
with Kippy Brown, he was never interviewed in his investigation. It happened
the same way with Dave Clark, he was never interviewed in his investigation.
That's why I am stating that this investigation was concluded before it even
started. There is no way you can conduct and investigation without talking to
the person that's making the claim, and the statement that Chief Jordan is
talking about, these guys were not given the free will to write a statement on
what their opinion are on this thing. The captain asked, and did John
Crawford, as a union representative harass Ben Boykin that morning. They all
said no, but the fact remains that the statement was made and if the statement
was made, is it harassment and if it is harassment, what has been done about
it.
67 September 28, 1989
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Mayor Suarez: All right, let me do this on this particular issue of your
allegations of harassment. I would like for myself to receive a complete
documented report from you. If it is in litigation, it will be probably
something that we are preparing to... in connection with the litigation, and
we ought to have it in any event I'd like to know exactly from day one, from
when he first made that allegation, whether he made it at a public forum or in
the station or anywhere, what took place and what your department did to
respond to it. Commissioner, anything on this?
Mrs. Range: Yes, just one or two other items. First of all, we need a report
on the implementation of the National Investigative Panel's recommendations as
to how that is progressing, and secondly, I'll ask... well, I need Dr. Daniels
to come to the... is the Dr. Daniels here? Dr. Daniels on the EEOC officer,
or person in charge, were you given any directive as to hiring a person for
that position?
Dr. Hattie Daniels: Ms. Range, if you are speaking about the Affirmative
Action Specialist for the Fire Department, I have not been given a directive.
I believe the Chief has made a request to hire that individual in his
department, but not in mine.
Mrs. Range: Since it is under Auditing and Reviews, I would believe that it
should come under your office, is that correct?
Dr. Daniels: Well, I would hope that there would be coordination with my
office to carry out the recommendations and to continue with the work that we
basically started.
Mayor Suarez: Mr. Manager, you ought to answer that. The Affirmative Action
officer is going to be hired to work under the Fire Department, or under
Auditing and...
Mr. Odio: It will be under the Fire Chief, and it will be a civilian, and if
they have a complaint, they can come to that person and that person will look
into the complaint and report to the Chief.
Mrs. Range: Then how did Dr. Daniels get into this at all?
Mr. Odio: Dr. Daniels is not involved at all. She will monitor to make sure
that that Affirmative Action officer is proceeding accordingly.
Mrs. Range: Was this one of the suggestions of the Investigative Panel?
Mr. Odio: Yes.
Mrs. Range: The National Investigative Panel.
Mr. Odio: Yes Ma'am, and we had...
Dr. Daniels: Yes.
Mr. Odio: ... a meeting with the Concerned Citizens the other day, and they
understand my position on that is that I trust the Fire Chief, and I trust he
is trying to do the best that he can to stop discrimination in the Fire
Department, and that's why I want the Affirmative Action officer to report to
him, because he has my trust that he will eradicate this problem that we have
in the Department, so I don't believe that just because... the Affirmative
Action officer should be under another department. I think they should be
there and I think that officers that have any complaints should come to that
person and the Chief would take care of it.
Mayor Suarez: I want to inquire on another point, unless you've got something
to follow up on that.
Mrs. Range: You go ahead then, but the Chief needs to answer.
Mayor Suarez: Yes. Chief... on that same point?
Mrs. Range: Not necessarily.
68
September 28. 1989
Mayor Suarez: OK, yes, Chief, I've got another conce_n. I was invited, I've
been invited by a couple of the firefighters and I've had some very
interesting periods of time spent in their stations and have educated myself a
great deal. One of the times, I was told by Lt. Fred Fernandez, I believe is
his name, that in his station there was great problem, as he stated it to me,
of what might end up being sexual harassment because there were no separate
facilities for women, bathroom facilities, I'm talking about. As I surveyed,
I'm not sure if he had ever brought to your attention this problem, and maybe
they had, and of course you can't know everything from your vantage point, but
hopefully you'll know as much as possible.
Chief Duke: I'm very well aware of the problems with the dual facilities.
Mayor Suarez: OK, then I started asking, well, show me the bathroom
facilities, so I can see if maybe I can come up with a suggestion. I was
shown bathroom facilities for firefighters, separate, very complete, very nice
looking bathroom facilities for rescue and separate, very nice, not as large,
bathroom facilities for officers. Now, with three sets of bathrooms, fairly
complete bathrooms, you would think that by now someone would have said,
"Let's earmark one of these for women." Has anyone thought about doing
something as simple as that, Chief?
Chief Duke: Yes, sir, we have and we've done just that.
Mayor Suarez: At that station?
Chief Duke: At all of the stations.
Mayor Suarez: And that bathroom is marked now, or somehow identified to be
used by women only?
Chief Duke: Each of our fire stations, my understanding is, that each of our
fire stations have identified separate bathroom facilities for the females
where we have not been able to completely divide...
Mayor Suarez: I'm going to check that out before the end of the afternoon,
sir.
Chief Duke: Certainly, we'll do that. Where we have...
Mayor Suarez: We are going to have an inspector right here. I want you to go
to every fire station in the City of Miami and see if they have separate
bathroom facilities marked for woman, Mr. Bartel, and report back before the
end of this Commission. This is the kind of stuff that is so incredibly silly
and that leads to the kinds of other things that we have seen in the
Department, including the pictures of obscene poses of women with the faces of
firefighters on the top, because somebody hadn't taken a direct hand in
solving what should be minimal problems of accommodating the women in the
Department.
Chief Duke: I agree with you 100 percent.
Mayor Suarez: If that's not right Chief, what you said, I'm going to have
that on the record this afternoon, so that at least on that particular point,
it will be shown that you have not acted as quickly as you should have.
Chief Duke: We have gone to the expense of spending hundreds of thousands of
dollars of the taxpayers' monies of the City of Miami to build separate
facilities for our females.
Mayor Suarez: You didn't have to spend a single penny at that station that I
visited. All you had to do is marked the damn bathroom and I could have
provided the lettering for you at no expense.
Chief Duke: The problem with some of those stations is that the females are
still required to go through...
Mayor Suarez: That's right...
Chief Duke: ... male, predominantly male areas to get to those,
RVJ
September 28, 1989
Mayor Suarez: ... they would probably have to go through some corridors,
through some passageways and hallways and that would not be the end of the
world, because they could put their clothes back on at that point, if need be,
Chief Duke: I wish it were that simple, but it is not that simple.
Mayor Suarez: It is very simple, sir, in my mind. I surveyed this and the
conditions there and it was a very simple problem to solve, and I hope the
Fire Chief can solve those problems.
Chief Duke: Well, we are working at trying to solve those problems. We put
locks on doors, we actually, you know, put little locks on doors to try to
ensure that there was...
Mayor Suarez: That's a very inventive idea to put locks on doors.
Chief Duke: Yes, and we didn't have those for a while there. We are working
on that.
Mayor Suarez: Commissioner Range, anything further?
Mrs. Range: All right, I did ask a question of the Chief just before you
brought that item up, and I will repeat that, and this is, I'd like for you to
discuss very briefly the implementation thus far of the National Investigative
Panel's recommendations in its totality.
Chief Duke: Yes, Commissioner. What we have... we have addressed many, or
all of the different areas that were discussed during the National Panel. One
of the things that we've run into is we've had yet another panel discussing or
looking at the Fire Department since that period. Many of them dovetailed
together. The majority of the issues or concerns that were brought up during
the panel's investigation are either concluded, or in the process of being
implemented at this particular time. Some 34 major issues were presented to
us. I have a complete package here, Commissioner, that you know, I can hand
to you, but it really wouldn't give you the information you need, but if
possible, what I'd like to do is to make some time with you, sit down with
members of my staff and go through each and every document, each and every
issue, if you would, to see exactly where we are with this. We think we've
made some great gains in a short period of time, as was said earlier, you
know, two years or three years is not a tight time frame, but when yo1 are
trying to make major changes in a department that has had a lot of tradition
that doesn't necessarily need to stay there, those are the things that we are
dealing with. Would that be satisfactory to you, Commissioner?
Mrs. Range: Yes, I guess we would have to take that as a satisfactory answer
at this point and if there... did you have something else you wanted to say?
Chief Duke: I addressed most of the issues that you had put in your memo
form, you know, in a small overhead projection, if you'd like to see those, it
would give you a better view of what the Fire Department is. It would take
maybe five minutes to run through it.
Mrs. Range: Yes, I'd certainly like to see it, with the permission of the
remainder of the Commissioners.
Chief Duke: The information, one of the first questions you asked is the
membership and representation by the Fire union. The information that we had
gained was that there are 75 black firefighters, 67 of which are nonunion and
8 of which are union members at this particular time. That's the information
we have today. The makeup of the Department is 654 total firefighters, 183 of
which are Latin males, 75 black males, 25 females and 371 Anglo males. The
minority representation on the Fire Department, we tried to graphically show
what we have been doing over the past few years. In 1979, only 12 percent of
the Department was minority and female. Actions by this Commission and by the
members of the Fire Department staff, we have raised in 1984, 31 percent of
the representation of the Miami Fire Department is minority and female. In
1989, we are at the 44 percent level. Projections with the anticipated
leaving the Department through retirements and etc., that the Department will
be approximately 60 percent minority and female by the year 1994. Minority
officers on the Fire Department at this time, in 1984, we had 169 positions
that were officers, 14 percent of those were minority and females. In this
particular time frame there were no females, 20 Latin wales, 6 black males and
70 September 28, 1989
143 Anglo males. In five years from that time, we've increased the number of
officers to 176, but we have increased the percentage to 26 percent minority
and female; 32 Latin males, 12 black males, one female and 131 Anglo males are
officers in the Miami Fire Department. We project that in 1994, the same time
period that we were looking at 60 percent minority and female, that we will
have approximately 45 percent minority and female officers. One of the things
that has happened is this Commission took the position that we would reduce
the amount of time that it would take for a firefighter to be eligible to
become an officer in the Department. You can see graphically that that was
effective. The progression for the last ten years is that it takes 9.5 years
for an Anglo male to become a lieutenant. It takes 5.7 years for a black male
to become a lieutenant. From promotion from lieutenant to captain, the Anglo
male takes 4.8 years, and a black male takes four years, roughly.
Mayor Suarez: No, sir, that's not a correct statement. What you are saying
is, assuming your figures are correct, that the average number of years that
it takes a black male or a Latin male or an Anglo male is the number of years
up there, and you'd better specify you are talking about the average. Some of
them may be doing it much quicker, some may be doing it much slower.
Presumably you have other factors other than longevity to decide who is going
to climb up the ladder.
Mr. Boykin: Mr. Mayor? - How can he...
Chief Duke: Yes, that is the point I am trying to make, Mayor, is this is the
average, it certainly is the average.
Mayor Suarez: Thank you, that's all I wanted to correct.
Mr. Boykin: No, there is no.. how could you have an average in there, there's
no black captains. I mean, how could you say it is an average of four point
something years and there is no black captains on the job? These figures are
a joke.
Mayor Suarez: Well, they may have been reflecting of the prior black
captains. How about that question, chief?
Chief Duke: This was historical data that we had as we've had at least two of
our officers go through the process.
Mr. Boykin: Well, give us some correct data.
Mayor Suarez: At this particular point it would be an incorrect statement to
say that as of now, that figure would apply, because there just don't happen
to be any black captains.
Chief Duke: We do not have a black captain, nor do we have...
Mayor Suarez: We all agree on that.
Chief Duke: OK.
Mayor Suarez: But this reflect a period of time that included time when there
was a black captain.
Chief Duke: Right, I am just trying to show the Mayor and Commissioners that
some of the efforts that we have made are enhancing the quick assimilation and
promotion of the minorities in through the service. That's basically the
majority of the questions that you had asked, Commissioner. There was cne
other question that we don't have a slide for, or an overhead, was the
executive positions, the minority position of the executives. In 1984 there
were 13 executive positions and there they were 23 percent minorities. In
1989 there are 12 executive positions and five of them are minorities, or 42
percent. We project that by 1994, that number will easily go to 60 percent
minority and female, so the positioning is much better in the executive
position than it is in the rank and file.
Mrs. Range: I see. Thank you very much. Do you have... yes.
Mr. Boykin: Ms. Range, can I address those slides? I think they are
impressive but they are not saying anything. I mean, when you have a
department in 1989 that doesn't have any black captains, there is as serious
71 September 28, 1989
G 6
problem there, and you have only one black female, there is problem there, and
these minorities that he is addressing, ask him how many are black. When he
had the opportunity to make some executive assistants, you didn't chose to
make a black executive assistant, and you could have, you could have made a
black executive assistant so he could be groomed to be put into one of these
positions. We don't have them, they are not there, and this stuff that you
are showing, I'm here to say that there's still harassment and racial
discrimination in the City of Miami Fire Department right here today and the
stuff that you are showing is not doing nothing. You can get a whole stack of
papers and say this is what you have done, but in the stations nothing has
changed, as a matter of fact, they have gotten worse. Since we filed a
lawsuit, everything has gotten worse and there is no... I don't see any
improvement at all. Just by presenting these figures to people that don't know
what's going on, I think you are not being fair to the Commission.
Mayor Suarez: OK, anything further, Commissioners?
Mrs. Range: Mr. Mayor, I asked that this matter be brought to this Commission
simply because when I came as interim Commissioner, this was what I consider
the most serious of claims that had been brought to my attention. I
appreciate what has been said and done here today and I will not continue to
prolong this, but one of my regrets in not being on the Commission after
November 7th is that I would certainly wish that I were around to see
improvement in this Fire Department. Whether it is done intentionally or
unintentionally, I think it is a very, very serious matter because it is not
only the disparity or the discrimination among a group of men who are hired to
do a job. The Fire Department, like our Police Department, carries on its
shoulders the burden of the lives of every citizen in this community, and when
we have the kind of discriminatory practices which have apparently been
brought out here this morning, it means without attempting to incite or cause
fear in the minds of our community, it means that some of these personal
vendettas can be carried to the broad stage of the scene of a fire. Because
somebody doesn't like the shape of somebody's nose, a ladder can be slipped
just an inch or two, or a net, if it were necessary, can be posted just a
little off line and lives would be lost. I think our community deserves
better than this and I think that our Fire Department must be brought into
line, and again I say, whether it's done intentionally or unintentionally, I
think it is the total responsibility of this Commission to see to it that we
have a Fire Department which is not only next to none in the equipment, but
which is good for the morale of our entire community and with that I close my
investigation, so to speak.
Mayor Suarez: Thank you, and I do want to say as far as the efforts to
promote minority high ranking officers in Affirmative Action that we have
done, I think an admirable job. I also want to remind you, Chief, that that
was in part because we are under court decree to do that, so this is something
entirely voluntary on the part of you or the City, for that matter. With that
we close the hearing on this issue and of course individual cases. And by the
way, this applies to all officers in the Fire Department, don't think that we
are not open, at least, as to myself, for visits by any individual
firefighters, I've had quite a few lately, and I'm very interested in hearing
everybody's point of view regardless of race or ethnic background. Thank you.
THEREUPON THE CITY COMMISSION WENT INTO A LUNCHEON
RECESS AT 12:07 P.M. AND RECONVENED AT 2:25 P.M., WITH
ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE
PRESENT.
72 September 28, 1989
16. APPROVE EXECUTION OF WARRANTY DEED TO MIAMI-DADE COMMUNITY COLLEGE
CONVEYING TITLE TO PROPERTY - for expansion of their Medical Center
Campus.
Mayor Suarez: I have a feeling that this is the section of the agenda where
we get back to matters that should have been on, for some reason didn't make
it and that are of an emergency nature.
Mr. Plummer: One of the items is $4,400,000 for the City. A resolution...
Mayor Suarez: Are you talking about the closing of the deal on the medical
center?
Mr. Plummer: Correct sir. (AT THIS POINT COMMISSIONER PLUMMER READS
RESOLUTION INTO THE PUBLIC RECORD. SEE R-89-853 HEREINBELOW) Mr. Manager,
since you handed this to me, I assume it comes with your recommendation. I...
Mr. Odio: That's correct and the Law Department...
Mr. Dawkins: What is it?
Mr. Odio: It's the plat.
Mr. Plummer: It's the plat for the Dade Medical and you can't vote on it,
air.
Mr. Dawkins: But I mean, at least I need to know what it is.
Mr. Plummer: It is the plat for the medical college on the...
Mr. Dawkins: They are closing the street?
Mr. Plummer: That is correct, sir.
Mr. Dawkins: And they are paying extra for us to close the street?
Mr. Fernandez: No, no, this is authorizing the City Manager to execute the
warranty deed which is consummating the transaction which will take place
tomorrow. It so happens that within that piece of land that we are selling to
Miami -Dade Community College, the City at one time had intentions of building
a roadway through it and now what this resolution says is that the City, in
selling this piece of property is also relinquishing whatever ideas of rights
they have to build a road through it.
Mr. Dawkins: How is that different from the piece of property that we are
dealing with where the residents do not want to vacate the property under the
rapid transit lines and we are vacating the streets, I mean, what's the
difference?
Mr. Fernandez: I have no recollection of what that other situation you are
talking about...
Mr. Dawkins: All right, just one minute and I'll help you recollect. Thank
you, S.L., help go through his mind, it's bad today.
Mr. Plummer: Thirty-one and Dixie.
Mayor Suarez: Yes, when a private party, he's talking about any kind...
specifically the one over on U.S. 1 at 32nd, I guess it is. When any private
party wants to take back a dedication to close off the street, what is the
difference?
Mr. Plummer; I would... I'm not the City Att...
Mr. Dawkins: You not the attorney, Mr. Plummer, you're an undertaker.
Mr. Fernandez: In the first place, in the case that you are talking about at
Dixie and 319t, there is already a roadway there presently. In the proposed
73
September 28, 1989
transaction with Miami Dade Community College, there is no road, it is just an
idea, or plan, or reservation of rights that the City had in that land to
build that. That's a basic difference.
Mr. Plummer: To me the basic difference is, one is governmental used to
another governmental agency, the other one is the private sector.
Mr. Fernandez: Another difference.
Mayor Suarez: OK, I'll entertain a motion on the resolution.
Mr. Plummer: I moved it.
Mayor Suarez: Moved. Somebody second, please?
Mrs. Range: I'll second.
Mayor Suarez: Thank you, Commissioner. Any discussion? If not, please call
the roll.
Mr. Fernandez: Mr. Dawkins is declaring himself that he is not voting.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-853
A RESOLUTION WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A WARRANTY DEED TO MIAMI-DADE
COMMUNITY COLLEGE CONVEYING TITLE TO THE PROPERTY
LEGALLY DESCRIBED ON SCHEDULE "A" ATTACHED HERETO; AND
REMOVING AND EXTINGUISHING THE EXISTING RESERVATION OF
AUTHORITY HELD BY THE MIAMI CITY COMMISSION IN REGARD
TO THE PROPOSED ZONED STREET WHICH APPEARS ON PLAT 52-
14 FILED JULY 13, 1951, AS MORE PARTICULARLY DESCRIBED
IN SCHEDULE "B" ATTACHED HERETO; FURTHER PROVIDING
THAT SUCH WARRANTY DEED BE IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, AND THAT THE CITY MANAGER BE AUTHORIZED
TO EXECUTE SUCH OTHER DOCUMENTS AS ARE NECESSARY TO
IMPLEMENT THE HEREIN AUTHORIZED CONVEYANCE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Range, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
ABSTAINED: Commissioner Miller J. Dawkins
W
September 28, 1969
17. ACCEPT BIDS: (a) PUBLIC SAFETY DEVICES, AND (b) METRO DISTRIBUTORS - for
furnishing riot equipment to Police Department.
------------------------------------------------------------------------------
Mr. Plummer: (COMMISSIONER PLUMMER READS RESOLUTION INTO THE PUBLIC RECORD.
SEE R-89-854 HEREINBELOW) I so move.
Mrs. Range: Second.
Mr. Dawkins: Under discussion.
Mayor Suarez: Moved and seconded. Commissioner Dawkins.
Mr. Dawkins: Is this capital purchases?
Mr. Plummer: Yes.
Mr. Dawkins: Didn't I ask him this morning not to make no capital purchases
until they bring me something back here this afternoon?
Lt. Longueira: Sir, you asked somebody. You specified GSA, Fire...
Mr. Dawkins: I asked the Manager to bring me in writing a list of what you
guys were going to purchase and I do not have it. I don't have it.
Mr. Odio: We'll have it in about ten minutes.
Mr. Plummer: Commissioner Dawkins, may I assure you that this urgent and if
you are not happy with it later, we'll reconsider it.
Mr. Dawkins: Eight years I've been doing this, J.L.
Mayor Suarez: Your request was as to the five year capital land...
Mr. Dawkins: If J.L. Plummer says it is urgent, it's urgent. I'm still
saying that I... you see...
Mr. Odio: You'll have it in ten minutes.
Mayor Suarez: But your request was as to a different item.
Mr. Dawkins: I ask�sd for this at the luncheon, I don't have it. Go ahead, no
further questions.
Mr. Plummer: Call the roll.
Mayor Suarez: Do we have a motion and a second, Madam City Clerk?
Mr. Plummer: It's my motion.
Ms. Hirai: I have a mover, I need a second.
Mayor Suarez: Need a second.
Mr. De Yurre: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
l
±Y
75
September 28,. 1989'
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-854
A RESOLUTION ACCEPTING THE BIDS OF PUBLIC SAFETY
DEVICES IN THE AMOUNT OF $54,180.00 AND METRO
DISTRIBUTORS IN THE AMOUNT OF $7,772.00 FOR THE
FURNISHING OF RIOT EQUIPMENT FOR THE DEPARTMENT OF
POLICE AT A TOTAL PROPOSED COST OF $61,952; ALLOCATING
FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROJECT
NO. 312018 ACCOUNT CODE NO. 299401-840; AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE PURCHASE ORDERS FOR THIS EQUIPMENT.
(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 J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
(NOTE: ROLL CALL WAS INCOMPLETE AT THIS POINT, BUT WAS REPEATED AFTER
DISCUSSION IN NEXT ITEM. SEE HEREINBELOW)
18, REQUEST CITY ATTORNEY'S OPINION AS TO WHETHER A CITY COMMISSIONER CAN
SUSPEND CONSIDERATION OF A GIVEN ISSUE UNTIL HE RECEIVES INFORMATION
CONCERNING CAPITAL IMPROVEMENTS.
Mr. Dawkins: Mr. City Attorney.
Mr. Fernandez: Yes, sir.
Mr. Dawkins: Am in order to suspend Commission meeting until I get in my
hands what I asked the Manager for this morning?
Mr. Plummer: A move to adjourn is always in order.
Mr. Fernandez: No.
Mayor Suarez: No, no.
Mr. Dawkins: I don't want adjourn, see, I don't want to adjourn.
Mayor Suarez: But wait, after...
Mr. Dawkins: Listen, everybody is answering me but the City Attorney.
Mr. Fernandez: In my opinion, no you would not be... that would not be in
order to suspend the...
Mr. Dawkins; Why?
Mr. Fernandez: Because right now as you are asking me, I can:iot recall any
i' provision in our Charter...
Mr. Dawkins: Well, look in the book you got there that's called, not Robert's
Rules of Order, but Mason's Rules of Order and see if I can suspend the
Commission meeting until I get that which I requested.
76 September 28, 1989
Mayor Suarez: Well, that item was tabled. You may not suspend the Commission
meeting and this vote that we are taking is on a whole different item. You do
have a right...
Mr. Dawkins: We already...
Mayor Suarez: Wait a minute, Commissioner.
Mr. Dawkins: We've already voted on what you are talking about.
Mayor Suarez: No, sir, we have not finished the roll call, because you didn't
even let us complete the roll call.
Mr. Dawkins: All right, I'll wait for the roll call.
Mayor Suarez: Now, in this particular item, we didn't have any prior
materials. If you want to invoke the rule, you are welcome to do so, I hope
you don't.
Mr. Odio: Let me, can I...
Mayor Suarez: Because it is apparently something that's needed.
Mr. Dawkins: Call the roll, call the roll.
Mr. Plummer Finish the roll call!
Mayor Suarez:
No, you are not going to say anything!
Mr. Dawkins:
i
Thank you Mr. Mayor. Go ahead, call the roll, Mr. Mayor.
--i
Mayor Suarez:
Complete the roll call on this item, and if you have any
_!
problems with
I
this item, we can always reconsider.
Ms. Hirai: If I may, I would like to take the roll call again.
i
Mayor Suarez:
Start from the beginning, if you'd like.
-,
(NOTE: AT THIS
POINT, ROLL CALL WAS REPEATED ON PREVIOUS ITEM. SEE R-89-854
HEREINABOVE)
1 Mr. Dawkins:
Now may I ask my question, Mr. Mayor?
Mayor Suarez:
Yes, Commissioner Dawkins.
Mr. Dawkins:
Mr. City Attorney.
—�
Mr. Plummer:
�!
That's you.
Mr. Fernandez:
Yes, sir. Thank you, J.L.
j
Mr. Dawkins:
Am I in order to request that the Commission meeting be
suspended until
that which I asked the Manager for this morning be given to me
and then we carry on the Commission meeting?
Mayor Suarez:
{
Before the City Attorney responds, you are not order.
Mr. Dawkins:
Why?
Mayor Suarez:
This chair rules you are not in order.
j Mr. Dawkins:
Why?
4
! Mayor Suarez:
Mr. City Attorney, wait a minute...
Mr. Dawkins:
Why am I not in order?
i
$ Mayor Suarez:
Because the Chair rules you are not in order.
Mr. Dawkins:
Well then the Chair can rule, but I can get a vote.
77
September 28, 1989
Mayor Suarez: That's what I'm going to get to.
Mr. Dawkins: All right.
Mayor Suarez: If you want to overrule my ruling on that, you may ask the City
Attorney with a procedure to do that, but he is going to have to find some...
Mr. Dawkins: No, no, no.
Mayor Suarez: But he is going to have to find some support in Mason's Rules
of Order...
Mr. Dawkins: No...
Mayor Suarez: ... because you don't have that authority. You tabled the
item, we tabled it for you at your request, so we are not acting on the
capital budget of the City until you're satisfied. We have other items to
handle.
Mr. Plummer: I'm Catholic, I can't vote on Mason's rules.
Mayor Suarez: PZ-1 is the item that we have before us and I'm going to
proceed with this agenda as scheduled.
Mr. Plummer: Wait a minute. Mr. Mayor...
Mayor Suarez: If you have any other emergency items, state them quickly.
Mr. Plummer: Mr. Mayor, I want to bring my colleague - did you hear what
happened in Jacksonville last night? It - was that something, they had a
commission meeting where they got to arguing about social monies. Three of
the commissioners walked out and the president of council sent the police and
brought them back in handcuffs.
Mayor Suarez: I would never do that.
Mr. Dawkins: Aren't you sure?
Mr. Plummer: Be careful.
Mr. Dawkins: You sure?
Mayor Suarez: Although on days like today, I certainly would consider it.
Mr. Plummer: Brought them back in handcuffs.
Mayor Suarez: PZ-1...
Mr. Odio: Mr. Mayor...
Mayor Suarez: ...unless somebody has any other emergency items. I see some
people here on items the Commissioners may be getting ready to bring up. No,
no, we'll get to that. We have item 13 from the morning agenda. I'm sorry,
Bob.
Mr. Odio; Mr. Mayor...
78 September 28, 1989
r.
51
19. ALLOCATE $60,000 FROM GENERAL FUND TO JAMES E. SCOTT COMMUNITY
ASSOCIATION, INC. (JESCA) - for the Liberty City Child Care Center.
Mayor Suarez: Now, I see JESCA, I see Mr. Kapustin and Ringo Cayaard. I
don't know if Commissioners are intending - and Mr. Bennis - I don't know if
Commissioners are intending to have items having to do with these projects
brought up and, if so, please let me know now so we can get those done very
quickly before we get into the Planning and Zoning agenda and keep...
Mr. Plummer: Well, Archie's, to mine, is the most important.
Mayor Suarez: Commissioner Range.
Ms. Range: Let me find what I - I don't have it before me. Mr., will you
kindly come to the podium. Please state your reason.
Mr. Archie Hardwick: My name is Archie Hardwick, president of James E. Scott
Community Association, 2400 N.W. 54th Street.
Mr. Dawkins: Pull the mike to you, Archie.
Mr. Hardwick: This is in reference to the Early Childhood Development Center
located in Liberty City. In February, this center was burned down and the
hundred children who are from the Liberty City area were left without an
adequate training and day care center. We transport part of these youngsters
to our various centers. The staff, which is mostly residents of the area also
work closely with the children. In that process, we incurred a continuing
debt to keep the program going. It was just recently last week that the
center was again opened after nine months and a number of starts. And we're
requesting...
Mr. Plummer: Mr. Mayor, can I cut it short?
Mayor Suarez: Commissioner Plummer, if you have any...
Mr. Plummer: The need is in my mind, justified. We all received a letter,
they have to have $60,000 to keep those doors open. I so move.
Ms. Range: I'll second that.
Mayor Suarez: So moved and seconded. Where would the funds come from? Have
we identified....
Mr. Plummer: That's the Manager's problem.
Mayor Suarez: Have we identified funds? Where do you propose the funds would
come from, Commissioner Plummer?
Mr. Plummer: If you want me to f ind them, I will, but I would rather leave
the Manager with the latitude of coming up where he thinks it's going to be
most easily for him to do, but if you ask me to identify the funds, I'll be
happy to go in and tear the budget apart.
Mayor Suarez: You'll suggest it and get...
Mr. Plummer: Nothing would give me better pleasure.
Mayor Suarez: ...who can get fired.
Mr. Plummer: That's his problem. Now, Archie, understand, that money is not
given to you. You surrender bills...
Mr, Hardwick: Yes.
Mr. Plummer: ...and the Manager approves them and he will pay on presentation
of bills,
Mr. Hardwick: I understand that.
79 September 28, 1989
WNW
Mayor Suarez: Framed in that fashion without any idea where the funds are
going to come from, I can't vote for it. Now, Mr. Manager, are you telling us
there's no place in our general operating budget for this re...
Mr. Odio: I do, sir.
Mayor Suarez: Have we checked with Community Development block grant monies
on the last year's funding cycle to see if there's any funds available?
Mr. De Yurre: We have to identify some funds. We just can't vote on
something and...
Mr. Plummer: Oh, I agree with that, but I was trying to give him the latitude
of doing it.
Mr. De Yurre: Well, we can instruct him - we can instruct the Manager to sit
down with them and to find the sixty thousand.
Mr. Plummer: Well, all right...
Mayor Suarez: I have no problem voting for that.
Mr. Plummer: Whoa, you want me to identify it?
Mr. De Yurre: I want him to identify it, he gets paid for it.
Mr. Plummer: Well, so did I but he said there's nothing there. I'll make a
motion at this time, included in the motion, that sixty thousand come from the
Camillus fund since it's now tied up in litigation and will not be spent until
next year, that we take sixty thousand from the hundred thousand allocated.
Mr. Dawkins: That's a motion?
Mr. Plummer: If that's what you want me to do. I wanted to give him the
latitude to do it.
Mayor Suarez: The problem with that is, that the hundred thousand had never
been identified as to where we would find it. I.guess we...
Mr. Plummer: Yes, it was. It was from the social services money.
Mr. Dawkins: That was from a road building, J. L.
Mr. Plummer: All right, I'm sorry. I stand corrected. At the last time, it
was from road building. But what I'm saying is, now that that has held up in
litigation, because of the HUD's inquiry, that hundred thousand is not going
to be used...
Mayor Suarez: No, wait, we identified... the thing is, we identified a
million, and then five hundred thousand...
Mr. Dawkins: Second the motion.
Mayor Suarez: We have a motion and a second already on the table,
Commissioner. We had identified a million dollars for...
Mr. Dawkins: Second the substitute motion.
Mayor Suarez: We have one motion before us. It's the same motion.
Mr. Dawkins: Did you make a second, as a substitute motion?
Mr. Plummer: No, I didn't.
Mr. Dawkins: Well, what did you tell me there's a motion for then?
Mayor Suarez; There is a motion on the floor. Same one.
Mr. Plummer: My motion was to grant them the money. Now, then I was asked to
try to identify it and that's what I didn't want to do, but since I was asked
of it, legitimate question, I identified it.
80 September 28, 1989
Mayor Suarez: If I remember correctly, the money we were going to use was a
million from Community Development block grant monies which some people have
identified as highway monies, although they're just CDBG monies that - and
then $500,000 that was supposed to come from future years CDBGs...
Mr. Plummer: Paid... no...
Mayor Suarez: And then $100,000 per year for five years for the operations of
the Camillus House which we never identified where those were going to come
from. So, which of the funds are you talking about? This year CDBG, that
would otherwise go for the closing?
Mr. Plummer: Mr. Mayor, all I'm saying is, that obviously...
Mayor Suarez: Economic Development monies, can they be used? That's the
problem.
Ms. Francena Brooks: If it's the CDBG monies, they cannot be used.
Mr. Dawkins: Beg your pardon?
Ms. Brooks: CDBG monies could not be used for a social service and all of the
social services funds out of CDBG have been committed.
Mayor Suarez: I have no problem if you want to state the motion that the
Manager should come back to recommend to us how he's going to find this money
somewhere - discretionary, general operating revenues, fire somebody - I don't
care, but we ought to know where the money's going to come from. Because we
just approved the budget and I think we have a second reading on it today.
Mr. Plummer: Mr. Mayor, all I'm trying to do is to accommodate these people
in the need which I think has been justified. I wanted the Manager to
identify it, OK? Now, that's all I'm saying. I think the Manager, if he goes
back, no question, he's got to take it from somewhere else, but I wanted to
give him the latitude of making that decision. Where he takes it from was the
softest and easiest thing he could do to make it palatable.
Mr. De Yurre: But the again, we're approving a budget and I think we deserve
to know he's going to be taking it from.
Mr. Plummer: Excuse me, Victor, that's next year's budget. I'm talking about
this year's budget.
Mr. De Yurre: Do we have any money left?
Mayor Suarez: This year's budget has three days left - or two days.
Mr. Plummer: I understand that, sir.
Mayor Suarez: And you would be taking it from the fund balance.
Mr. Plummer: Well, excuse me, how much is the contingency fund?
Mr. Odio: We do not know yet as of this time.
Mr. Plummer: For this year.
Mayor Suarez: I think he means the fund balance. How much do we have...?
Mr. Odio: The fund balance, I do not know as of this time.
Mr. Plummer: It's got to be more than $60,000 in a town like this.
Mr. Odio: Yes, yes...
Mr. Plummer: I will identify it as to come from the contingency fund, OK?
Mr. Odio: Not the fund balance.
Mr. Plummer: Fund balance, if that's the terminology you want.
81
September 28, 1989
Mayor Suarez: Fund balance.
Mr. Plummer: I just tried to make it easy for you.
Mayor Suarez: OK, but we really need to at least get on the record how much
is in the fund balance. Can we table the item until you find out how much is
in the fund balance? I'd hate to pass a motion and find out we didn't even
have the money in the fund balance.
Mr. Odio: We will have the money in the fund balance. I don't know at this
time. It's...
Mayor Suarez: So we'll have definitely more than $60,000 is what you're
telling us.
Mr. Odio: Yes, oh sure.
Mr. Plummer: Do you want me to reword it?
Mayor Suarez: I can't imagine that we would have gotten so close to
scratching the bottom there.
Mr. Odio: No, no, no...
Mr. Plummer: Do you want me to reword it?
Mr. Odio: But I just want to remind something, that we're committed to the
Standards and Poors and Moody's to try to get the ten percent fund balance.
Mayor Suarez: You're trying to get it up to what amount?
Mr. Plummer: Ten percent.
Mr. Odio: Ten million dollars.
Mr. Plummer: I'll reword my motion.
Mayor Suarez: It's not ten percent, but...
Mr. Plummer: I'll reword my motion.
Mayor Suarez: Hopefully, you haven't committed the ten percent, then we'd
really be in trouble. OK.
Mr. Plummer: Yes, we give to JESCA a sum, not to exceed $60,000, coming from
the fund balance assuming that it has more than that amount in it.
Mayor Suarez: So moved.
Ms. Range: I'll second that motion.
Mayor Suarez: Seconded. Any discussion? If not, call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 89-855
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ALLOCATE AN AMOUNT NOT TO EXCEED $60,000 FROM THE
1988-89 FUND BALANCE (ASSUMING THAT THE FUND BALANCE
HAS MORE THAN $60,000 IN IT) TO THE JAMES E. SCOTT
COMMUNITY ASSOCIATION, INC. (JESCA), SAID MONIES TO BE
USED FOR THE LIBERTY CITY CHILD CARE CENTER; FURTHER
STIPULATING THAT SAID MONIES SHALL ONLY BE DISBURSED
AFTER CITY APPROVAL OF BILLS SUBMITTED BY JESCA FOR
ACTUAL EXPENSES INCURRED.
Upon being seconded by Commissioner Range, the motion was passed and
- adopted by the following vote:
82 September 28, 1989
�F
0
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
NOES: Mayor Xavier L. Suarez
ABSENT: None.
-----------------------------------------------------------------
*Note: The City Clerk clarified the intent of the hereinabove motion with the
maker of the motion.
--------------------------------------------------------------------------
20. PERSONAL APPEARANCE: RINGO CAYAARD - to discuss alleged discrimination
by a bank - concerning application for a UDAG grant for Little Haiti.
Mayor Suarez: Any other emergency items related to some of the other groups
that I see here?
Ms. Range: Yes, sir. Yes, I have. I have an emergency item. Mr. Ringo
Cayaard and... will you come forward please. This speaks to an example, Mr.
Mayor, we had Mr. Cayaard go to one of our local banks and was turned down.
That they feel that they should come to this Commission and explain what this
situation is. Mr. Cayaard.
Mayor Suarez: And, Ringo, remember that the last Commission meeting,
Commissioner Dawkins brought up the issue. We discussed it. We later looked
at the letter received from the bank in question and it wasn't quite as
problematic as we were led to believe, at least from my view of it and I think
Commissioner Dawkins put into the record, so...
Mr. Ringo Cayaard: Since then, we spoke to counsel and the lawyer see it
different and also the federal office. Anyway, Mr. Mayor, ladies and
- gentlemen of the Commission, my name is Ringo Cayaard. I'm located at 100
N.E. 84th Street in Miami. After all the efforts of this Commission and the
Manager who really bent backward to help out in making Little Haiti a reality,
I would like to publicly report to you today that the application for the UDAG
grant that you all approved this past June 26th for Commissioner
_ to act as a catalyst in Little Haiti, was rejected in
Washington because the commitment letter issued by local banking institution
for permanent financing was not only inadequate, but, in fact, in direct...
Mayor Suarez: Was inadequate, inadequate, is that what you....?
Mr. Cayaard: Inadequate. But, in fact, in direct conflict with HUD federal
requirements. We had...
Mayor Suarez: In what sense was it in conflict with HUD requirements?
Mr. Cayaard: They were asking for more parking than the City is asking and
that's against the HUD regulation. They were asking for stuff like...
Mayor Suarez: I didn't see that in the letter, I didn't. I know there was an
attachment...
Mr. Cayaard: Oh, yes, it was. They were asking for one hundred percent
ownership and one hundred percent...
Mayor Suarez: I did see that.
Mr. Cayaard: One hundred percent ownership of stock and one hundred percent
control of stock by my partner and that was also in violation of HUD due to
the fact that HUD, in the application we submitted, was under both name, my
partner and myself. And a few of the details, which I think my partner would
elaborate on. So, as a result of that, we had very indications - very good
indications from Washington that the likelihood of the City of Miami receiving
the $300,000 federal grant was excellent until the commitment letter was
receivel. Also understand that the commitment letter was produced at the last
hour and even the...
63 September 28, 1989
Mayor Suarez: That was on the 13th and you had a 15th deadline, right?
Mr. Cayaard: That's correct. And...
Mr. Plummer: What relief are you asking of this Commission?
Mr. Cayaard: What we're basically asking is to make a report to you since
everybody went and bent backward to make sure that the City receive that
$200,000 and the City would have loan... I mean, lent us that money at a low
rate to a project in what you call an enterprise zone. I think the
least we could do is to come here and explain to you what happened and why we
didn't get the money. So that's what I was trying to...
Mr. Plummer: That's fine, to come tell us why you didn't get the money, the
barn door is shut. But what relief are you asking, if any, of this Commission
that we can do to help the project?
Mr. Cayaard: What are we asking basically is you ladies and gentlemen of the
Commission are what somehow the custodian of the people taxpayers, I mean, the
peoples' money.
Mr. Plummer: Sometimes that's questioned.
Mr. Cayaard: That money goes to different local banks and I think the banks
has a moral duty and more than that, they have a commitment to help depressed
area. So, if they're making money on one side and they're not even respect
_ what the commitment, I think we have a problem. And driving to downtown, I
look around, I've seen nice, you know, skyscrapers. I've seen beautiful
businesses all over and I've tried to count on one hand how many of there are
owned by Blacks or minority. You cannot even find enough and banks are coming
and coming over in front of the City to request to have deposits in their
bank. And they don't do nothing. They don't even care about a Commission who
help out and even you, Commissioner Plummer, which is a conservative, went
along with granting us the 1.5 million which is supposed to be floods money.
Mr. Plummer: Ringo, I am not a conservative. I am an ultra conservative.
Mr. Cayaard: All right.
Mayor Suarez: You know, it's interesting that we have another prominent
banker whose bank has seen fit to participate in so many projects standing
right there in the aisle, Carlos Arboleya from Barnett. I don't know what to
suggest, Ringo. I know that it was the last moment effort. I think all of us
tried to intercede with the bank to come up with a commitment. It wasn't
acceptable to you. I'm not convinced it was not acceptable to HUD.
Mr. Cayaard: It was not and we have...
Mayor Suarez: And that's the reason you didn't get the...
Mr. Cayaard: The name of the person and everything because the way the bank
did it, they...
Mayor Suarez: I don't have that so if you can get a hold of that -
Commissioner Dawkins proposed last time that we, since this particular bank is
the one that has the City accounts - I don't know if it's all the City
accounts, but some of the City accounts - that we have that particular bank's
high ranking officer present and possibly come here and explain to us why this
loan could not have been approved on more favorable terms. It seemed to me
like all the...
Mr. Cayaard: Exactly. And Mr. Kapustin is going to finish - I mean, the rest
of the report because...
Mr. Dawkins: The bank agreed...
Mr. Plummer: The bank sent the letter and he apologized.
Mr. Dawkins: The bank approved the loan.
Mayor Suarez: He's just not including Ringo.
84 September 20, 1909
Mr. Cayaard: ...not only the money was going to be guaranteed, the 1.5
million, but on top of that, the bank requirement was something unheard of.
As a result, the City of Miami lost also $300,000.
Mayor Suarez: Can you see a situation where a bank will accept all of the
conditions and with all due respect to you because you're an entrepreneur and
a successful one and a friend, but would exclude one of the principals for
whatever reasons it may have and would not want to give a reason? That's the
way I understood the letter, Ringo.
- Mr. Cayaard: I think, personally, according to the lawyer and to the
federal...
Mayor Suarez: I don't think it's that they don't like you, you know. I don't
think that it's because you're a minority or anything. I presume they have
some other kind of reason.
Mr. Cayaard: They didn't ask me for my financial statement, they did not ask
me for...
Mayor Suarez: They never got your financials?
Mr. Cayaard: No, they did not ask me for anything and...
Mayor Suarez: Well, now, that's interesting.
Mr. Cayaard: And that's why the lawyer is very concerned in what's going on
and...
Ms. Range: Mr. Ringo, why don't you say to the Commission exactly what went
on so that we will not have to assume anything.
Mr. Cayaard: Exactly.
Mr. Plummer: Mr. Cayaard...
Mr. Cayaard: Yes.
Mr. Plummer: ...are you making those comments because Ringo is a star now in
the Miami Herald?
Mr. Cayaard: Come on. I've seen you too they print that you went somewhere
having lunch.
Mayor Suarez: Yes, we going to... Commissioner, if it's OK with you, we're
going to have to ask the president to come and be present so that we can
question him.
Mr. Cayaard: Dinner, with a good friend of ours.
Mr. Plummer: Watch out, when they give you a good , here comes some
more bad
Mayor Suarez: I think that we're going...
Mr. Cayaard: We're going to have Rafael...
Mayor Suarez; ... to have to have maybe the president of the institution in
question here and, hopefully, or possibly before that hearing even takes
place, there will be a resolution. I don't know, but, you know, we ought to
have him present to explain why the bank does what it does. It is very
frustrating to us. I just don't know what other relief we could have. It's
conceivable that this Commission would then ask for a legal opinion as to our
cancelling our account with that bank.
Mr. Cayaard: Because, Mr. Mayor, before I pass the mike to my partner, we've
been working on that for
15 months and over.
We went all the way trying to
develop what you call enterprise area and we
are talking about creating over
150 jobs to minorities.
We're thinking about
developing a shopping center in
the Black neighborhood.
Two point five million, we could have developed a
«-
shopping center anywhere,
we could have gone
to the Beach or go to Homestead
85
September 20, 1989
or Kendall. We choose, purposely, to do it in a neighborhood which is
predominantly Black and minority neighborhood so we could create job and, of
course, we're going to make a little profit but the main proposal was to
change and stop the new ship in an area and we just get turned off and the
same banks and the same institutions are coming here asking for bonds so they
could get lower rate and asking for all kind of goodies. And we should put a
stop to that. If they're coming next time around they ask for 25 million to
do something - just I was reading in the paper, Mt. Sinai want 30 million
dollars of bondings. They should tell them, they should be a way to force
them - OK, you can have the bond but you should not only participate in the
depressed area, but you should do something similar. You want to do a
stadium. You want to do like a Miami Arena. OK, you're putting that
magnificent place there but you have a duty to build something in the
depressed neighborhood and I think we should try to find a way to come up with
that because this is what you call, you know, economical apartheid and I don't
think it's fair.
Mr. Rafael Kapustin: My name is Rafael Kapustin. I'm a real estate developer
with offices at 25 S.E. 2nd Avenue in Miami. I don't think that the intent is
for us to sound sour grapes here. If the letter was not approved by the
federal government because they feel that there were some wrong matters with
it. I think it's an issue of the parties, if any, that were affected to do
whatever they feel is their legal right.
Mayor Suarez: And remember that we need, Rafael, we need the letter or any
documentation from HUD as to why they didn't finally approve it after we went
through all the effort getting that commitment letter, as much as you dislike
the terms of the commitment letter.
Mr. Kapustin: Right, but actually the reason we're here today is not just to
complain about what happened, but try to talk about an issue that everybody
knows about and maybe make a suggestion so the next guy does not have to go
through what we went through. So, if you'll allow me, I'll take a minute to
be very specific and read exactly what I've prepared. I am co-owner in the
corporation that if the developer of the Little Haiti Plaza Shopping Center.
This corporation, by design, has 50 percent Black minority participation. I
believe we all are fully aware of the serious problem we have here in Miami
where financial institutions believe that it is not good business for their
stockholders to lend money for projects in poor Black areas. The Miami Herald
had an editorial this past February the 1st, outraged with the shameful
attitude of local lenders that refused to play a role in financing projects to
redevelop the inner cities. The New York Times had two articles about Miami
in their edition of this past Sunday, September the 3rd. One made reference
to the struggle developers face to finance projects in Miami, in Miami's
Overtown, and the other described the benevolent attitude of local Miami banks
that donate millions of dollars to the arts. Obviously, banks perception is
that it's good business for their stockholders to donate or invest millions of
dollars in the arts, but it is not good business for the stockholders to
underwrite the development of four areas even if these are in their own
backyard. We all are aware of the problem. However, because of the pressures
of so many of the problems, we seem to run from one emergency to the next. So
we never have any time to act. We only have time to react. Then, when
frustrations run good people to violence, we all react and desperately seek
and promise solutions. Personally, I believe there's no one big solution but
rather, a whole series of small solutions. This past June, Congress voted to
require public disclosure of banks ratings based on their lending practices in
poor areas. As a takeoff of that vote, I would like to recommend to you here
today, lady and gentlemen, some action to bring even stronger public awareness
to this problem. You, as Commissioners, have the power to create a community
reinvestment act task force that could primarily do the following: One,
educate, I repeat, educate local bank, local financial institutions that it is
good business for their stockholders to help finance and redevelopment of poor
areas. And, two, closely monitor past, present, and future performance of
local banks lending practices in poor areas.
Mayor Suarez: Are you saying that that was a result of an act that was just
passed?
Mr. Kapustin: No, the Congress voted to require public disclosure of banks
ratings.
Mayor Suarez: The Community Reinvestment Act has been around.
86 September 28, 1989
Mr. Kapustin: No, the Congress voted to require public disclosure of banks
ratings based on their lending practices in poor areas. This was order in
June.
Mayor Suarez: Of this year?
Mr. Kapustin: Right. I'm here asking you to take off from that and create a
community reinvestment act task force. You know, it is good business for
banks, for banks officials, to do what they feel is in the best interests of
their stockholders. Well, it should also be good business for you, as
responsible elected officials, to do what is in the best interests of your
stockholders, the residents of the City of Miami. The powers of the task
force can be set by you and even if this is not the ultimate solution, it can
still be a constructive solution and will bring to public light abuses that
presently not even depressed ones who address. I respectfully urge you to
consider the creation of a community reinvestment act task force with a dual
purpose, being educational, as well as being a public watch dog. Thank you,
gentlemen.
Mayor Suarez: I think it's an eminently good idea. I also think that in the
case of this bank, unless Commissioners feel otherwise, perhaps we ought to
hear from the bank in the person of their - unless you don't want to do that,
I mean, I don't...
Mr. Kapustin: I have no problem to - actually, this is a joint partnership of
a corporation 50 percent owned by black minority and the City of Miami. You
voted to agree to have the UDAG process. You were kind enough to allocate one
half million dollar float loan at a low interest rate. You approved a
$200,000 - we're doing this together.
Mayor Suarez: Commissioners, any...
Mr. Dawkins: Mr. Mayor, as I said before, it's two sides to it. I would like
for us to schedule the person at the bank who dealt with this, who's familiar
with it, to come back at another meeting and let's hear that side of it. We
heard their side of it and like to see where we are before we make a...
Mr. Plummer: Can I make a better suggestion? What I think is a better
suggestion? Mr. Mayor, I hear what this gentleman is saying, but let me tell
you, we've all dealt with banks and banks, in this country today, are in
trouble. We see banks going under left and right for whatever reasons. I
have to express to you two things. One, some of the projects are too big.
That I think if we went with a number of smaller projects, the bank, even
though taking a risk, does not take a million dollar risk, but, maybe, a
fifty, sixty, seventy thousand dollar risk. The problem is the history.
That's the problem. Of the $575,000 that this Commission made available to
Model Cities, I don't even want to know the results of what has happened with
that money. It has been a total disaster and I think that what you have to
overcome is that you have to crawl before you walk. Now, this is a nice
project. I voted with this project. I would like to see this project, but
when a bank sits back and says, "Hey, we got a high risk, we would..."
Mr. Kapustin: Sir...
Mr. Plummer: There's a risk.
Mr. Kapustin: Don't interrupt, but the bank agreed to give the money.
Mr. Plummer: OK, I'm saying banks, in general, because that's what you spoke
to by creating this task force.
Mr. Kapustin: Could not hurt, sir.
Mr. Plummer: OK, it's not going to hurt. My suggestion to my colleague,
Miller Dawkins, rather than doing it here in a public forum, that we invite
Carlos Arboleya, Bernardo, and some of the other bankers to lunch and let's
sit down and talk with these people. Ask those who are the experts, what can
we do to work together and try to come up with a better solution over all? I
think it's a better forum than trying to sit here...
Mayor Suarez; Commissioner Range, yes.
87 Septomber 28, 1909
Mr. Dawkins: I'll buy that.
Mayor Suarez: Commissioner's been waiting.
Ms. Range: Are you through?
Mr. Plummer: That was my suggestion, yes.
Ms. Range: All right. Mr. Mayor, Commissioners, I tend to disagree with my
colleague, Commissioner Plummer, when he says that we've got to crawl before
we walk in view of the fact this black community has been crawling ever since
Miami was given a charter. I feel that many of the items in the black
community have failed because they have been given too little money, too
little latitude. Of the $575,000 of which you speak, as a loan to try to ease
some of the problems, that was issued out in small portions, not enough to
take care of the real needs. If we, consequently, when that money is spent,
if a merchant or person or an organization comes in and goes before that loan
board and asks for $150,000 and the loan board decides, we're not going to
give you $150,000, but we'll give you seventy or seventy-five thousand. If
the project is to be carried out in the proper manner, then it's dead when it
gets half way, all of the money is spent, nothing has really been accomplished
and I think we have to recognize that. The other thing is, that a project of
this size would mean more than the mom and pop type of grocery store
circumstance that we have jutting out all over the black community. Let's
take one or two things into consideration. First of all, when you have a very
small operation, you simply cannot buy from wholesalers at the same price as
your larger entrepreneurs buy in the downtown area. Consequently, you cannot
compete with them and this is what has been wrong all of the time. I would
not be for giving out more of the fifty and sixty thousand dollar loans or
grants because that is what has actually killed the black community to this
point.
Mr. Kapustin: We are not here to ask you to help us in this particular
project. The bank is willing to give the money provided my personal
guarantees are in place, which are no problem. The problem that we face, it's
a different one, or, at least my partners who were affected, that they were
the supposedly 50 percent black participation was excluded and...
Mayor Suarez: They specifically excluded that in the letter of commitment.
Rafael, I think...
Mr. Kapustin: Right, so that's not the issue here though.
Mayor Suarez: ...part of the reason that we're reacting the way we're
reacting is not that we're making light of your proposal to have a task force.
It's that, I think, all of us want to be in the process and involved
intimately in the process of looking at what these decisions are. In fact, in
my case, I want to speak right away with the same high level bank officer in
that bank that I had previously discussed your loan, to find out why that
requirement was put in. I haven't had a chance to do that so I much prefer to
do it privately...
Mr. Kapustin: Correct.
Mayor Suarez: ... get some idea as to what that was about and then possibly
if, as Commissioner Dawkins previously suggested, we ought to bring him back,
that's fine, we can set up a committee. But I think we want to be the
committee, we're that interested. We're concerned, and I meant to get an
article to read today that has a lot to do with the image too that is being
portrayed of the black community. An example, and I think Barnett knows this
better than anybody. When the Edison shopping center first was built, a lot
of people said, it's not going to work, you're not going to, you know, be able
to make money, it's going to be a money loser, you're going to have a lot of
shop lifting. It's now one of the best two Winn-Dixie's in the state almost
every week, the shoplifting is negligible compared to their areas of the City.
When the Edison Towers were built, the same thing. When Barnett decided to do
East Little Havana and Rio Plaza, East Little Havana they said the same thing,
you can't do it, people won't pay their mortgages and the banks won't be
secured. The bank has not done badly in East Little Havana, the place is
almost fully occupied. Edison Towers is fully occupied and in excellent
shape. And it's just an image that's out there and some banks apparently have
88 September 28, 1989
not gotten it through their heads that they can lend money and that it is not
really - and I don't mean to disagree necessarily, with what Commissioner
Plummer said, but it's not really any higher risk. People have got to buy
food in your shopping center. They've got to buy basic clothing, they have to
buy, maybe not the most luxury items if it's not a high income area, but
they've got to buy those things and they'd much rather buy it there in Little
Haiti than have to go across town to Dadeland. And why banks are not getting
involved is something that we're all so intimately involved in. I know
Commissioner Dawkins has been fighting this battle for many years with banks
and private institutions. I don't know that - we could create a committee but
we're very interested in the answers ourselves, so I don't know that we need
to have a committee. Commissioner Dawkins.
Mr. Dawkins: Blue ribbon committee be damned.
Mr. Kapustin: Pardon me?
Mr. Dawkins: Blue ribbon committee be damned. OK? I sit here and I'm tired
of every time something goes wrong in the black community, let's establish a
blue ribbon committee to find the solution. Blue ribbon committee goes out,
comes back with a beautiful bonded instrument and we got the same problem.
OK? Now, as J.L. said, I have no problems with sitting down with individuals
and let them tell me why they do not fund programs in the black community.
Now, if that's what he's going to have a meeting for, I'm all for it. But, I
don't...
Mr. Kapustin: That's a...
Mr. Dawkins: No, no, no, no. I don't need to sit down with anybody,
including the Greater Chamber of Commerce, to tell me the problem. I know the
problem. I live with it daily, but I also know that these problems exist in
other quadrants of the City of Miami and I know they are addressed and I don't
know why and the Mayor will tell you that he and I are f ighting now to tell
everybody we've got to do - and Mrs. Range, J.L. Plummer, and Victor - we have
to do something in Wynwood, we have to do something in Allapattah, we have to
do something in Liberty City and we got to go to Wynwood and we have to do
something in each area. And until the banks understand that we have to bring
up the northeast section, do a whole block on Biscayne Boulevard, and another
block some place else, the City's going to continue to deteriorate at our
expense of developing Brickell Avenue. Now, I sat here for five years begging
and pleading for Overtown/Park West. Everybody said it wouldn't work. Now,
all of the units are sold out. But, we didn't get the local banks to buy into
it. We had to go outside the state of Florida to get banks and lending
institutions to come in and work with the City of Miami here to provide
affordable housing. Now, I'm not going to tell you and nobody else that the
bank has did its fair share and I don't know if they ever intend to. But I
will give them one bit of credit. The bank has my money, OK? And it has to
do two things with my money. It has to pay me interest and it must provide my
money when I need it. So, therefore, the bank must make loans or business
deals that provide those two things for me. So now how we get around having
the bank to assume, for the lack of a better word, the risk with somebody
else's money other than mine. That's what we have to work on.
Ms. Range: Mr. Mayor.
Mayor Suarez: Commissioner Range.
Ms. Range: Just one more statement. I think we have to begin to play hard
nose with this. Commissioner Dawkins says he sat here five years and have
seen these kind of injustices go on. Twenty-five years ago, when I sat as a
Commissioner for the first time, the differences are no different. They're
still the same. And I say, I think we have to begin to play hard nose and by
that I mean that the black community must pay its taxes into the City and
County just as well as every other community pays. These monies go into our
local banks and I feel that when we find the banks who are unwilling to do
business of a meaningful measure with the entire community including the black
community, then we need to stop doing business with those banks. It's as
simple as that.
Mr. Dawkins: Mrs. Range, I'd like to take it a step farther. I'd be happy if
you and I were to sit down with George Bush and have George Bush understand
that we do not have a black lending institution in the City of Miami and if
89 September 28, 1989
they take some of the drug repossessed money and finance a - not a bank
because we can't handle that - but a credit union and the Miami Herald and
everybody will say I'm racist, but I just have to be a racist. And we
withdraw all our money out of white folks bank and put it in the black credit
union that will assist black businesses and then Mrs. Range, you're playing
hard nose. Until that happens, you're not playing hard nose, Mrs. Range.
Mr. Kapustin: One more thing, if I may. All we're asking you here today is
to give us one more tool. We're not saying this is the final tool, we're
not...
Mayor Suarez: Well, we're - I think we're responding so far that I think this
Commission has got to be the committee that you're talking about. Community
reinvestment act committee is this Commission and if you have any ideas of
what ordinances we may pass, what tools, what enforcement mechanisms, what
pressures we may bring to bear, please let us know because we'll pass them...
Mr. Kapustin: Well, I think the fact finding...
Mayor Suarez: ... and the City Attorney will draft them for our...
Mr. Kapustin: OK, it's my opinion that the first one might be a fact finding
situation. I think we all talk about it, but I do not believe that we have
facts.
Mayor Suarez: Well, we're going to begin with that case study but what we
need additional information and we'll instruct the City Manager and the City
Attorney to get us all, you know, the facts that we need by investigating as
our investigative tool.
Mr. Cayaard: Mr. Mayor, one more thing I'd like to address is the fact that
1.5 million dollars that we were asking the local bank to come up with would
have been personally guaranteed. So this is not like...
Mayor Suarez: And it was a small percentage of the total package so you had a
very large equity in there. You were up to what? -60 percent roughly?
Mr. Kapustin: It was almost a 50-50 deal.
Mayor Suarez: It's the kind of thing that Barnett just goes crazy about.
They would have done it.
Mr. Cayaard: And this would not have been...
Mr. Kapustin: We have been... talked to Mr. Arboleya.
Mr. Cayaard: So this would have been collateralized by the building. That's
separate money, that's cash money there and then they would give you a letter
of credit. They did not even have the decency to do it.
Mayor Suarez: I know, I know. You even had an anchor tenant and everything.
Mr. Cayaard: And we already have the anchor tenants and...
Mr. Kapustin: It's preleased.
Mayor Suarez: You have the anchor tenant, you have 50 percent equity...
Mr. Kapustin: And it's preleased...
Mayor Suarez: Preleased.
Mr. Kapustin: ...but the issue is not that, gentlemen, because Mr. Dawkins,
we got the money, we got the letter, but let me ask you...
Mayor Suarez: Yes, we want to find out why...
Mr. Kapustin: But let me ask you this, Mr. Dawkins.
Mr. Dawkins: But, you see, you, you have...
Mayor Suarez: Yes, but not Ring.,.
90 September 28, 1989
Mr. Dawkins: ....but the other five or six people behind you don't have.
That's who I'm interested in.
Mr. Kapustin: That's it, that's the problem.
Mayor Suarez: Right. That's what we're going to find out, Rafael.
Mr. Kapustin: I have, but the other 50 doesn't.
Mayor Suarez: All right...
Mr. Dawkins: OK, the other five or six, Rafael, who I'm worried about.
Mr. Cayaard: Gentlemen like Howard Gary wanted to do a shopping center on
54th Street and he got turned down. I mean, where are we going? If somebody
like Howard Gary did not receive money from banks or from financial
institution, I mean, what about the just common guy walking down the street?
Something is wrong.
Mayor Suarez: They won't bid down because they don't make that much on them,
but we can try anything.
Ms. Range: We know that and you know that, Mr. Cayaard, and your good
partner, because you've disclosed that to me but if you do not feel like
speaking out at this Commission and saying exactly what the problems are, then
we will wait until the banker comes and then you will say it.
Mr. Cayaard: I think this Commission should send them a strong message which
is their contract is coming for renewal...
Ms. Range: I think the Commission cannot afford to send any stronger message
than to have the bank president come here and to have you confront the bank
president...
Mr. Cayaard: That's right. And their contract is...
Ms. Range: ... and say, I do not want a black in on this deal.
Mr. Cayaard: But their contract is coming up...
Ms. Range: Now, that's exactly what you said to me and I think it should be
made public.
Mayor Suarez: That letter looks very interesting. We have to find out what's
at the bottom of it. We're going to check it out. Let me make one last
statement. We ought to move on to some other items and Vice Mayor De Yurre
has some ideas on a fund that we could force the banks to create. I do want
to say, since you're the chairman of the public affairs committee of the
chamber of commerce and to not pick on the chamber today, but to give another
illustration, since Commissioner Dawkins mentioned Wynwood and what we're
trying to do with the free trade zone there. And, hopefully, you'll take this
back because nobody else has taken it back to the chamber and I have not had
time to get on the phone and call them myself. We met with them six months
ago to see if they would take over and help us with and support the concept of
a free trade zone expansion in the area of Wynwood where the City has twelve
and a half acres which we would make available very inexpensively, almost for
free, possibly, depending on how the Commission wants to set the terms. And
we asked the chamber if they would support this since the chamber has a joint
agreement with the existing free trade zone. To this day, I have not had the
courtesy, Carlos, of a reply. I've sent two or three messages with high
ranking chamber folks and I don't have a reply yet. And that's why,
sometimes, when you wonder why the Greater Miami Chamber when mentioned here
at this Commission doesn't always evoke the best response in the world.
That's part of the reason.
Mr. Plummer: Ha, because they're cheap!
Mayor Suarez: Now if they're going to help us with that, they ought to let us
know. If they're not going to help us, we're going to do it anyhow. We're
going to do it anyhow and, thank God, we have, I think, the wherewithal to do
u it but we'd like to do it with their support because it makes it, perhaps, a
little bit easier. Anyhow, Commissioner....
91 September 20, 1909
Mr. De Yurre: Mr. Mayor.
Mayor Suarez: Mr. Vice Mayor.
Mr. De Yurre: If I may ask of the City Attorney...
Mr. Fernandez: Sure.
Mr. De Yurre: May, and I think we can, can we legally borrow from banks with
a collateral pretty much like a mortgage on property owned by the City without
going to the voters? Can we mortgage property? Well?
Mr. Fernandez: Let me get back to you, let me look into that.
Mr. Dawkins: It's yours, it's yours, why can't you mortgage your own
property?
Mr. Fernandez: I think the gist of your question is, if you have unencumbered
property that you own free and clear whether you can use that property as
collateral to get a loan, get money. I think you could without...
Mr. De Yurre: OK, well maybe we can look at is going to some of these major
institutions, such as Barnett and Sun Bank and Southeast and maybe putting up
a piece of property that we may have as collateral getting a very low interest
deal from the banks and putting a pool and maybe X millions of dollars that we
may use in this effort. And that, you know, I'm just throwing that out as
food for thought.
Mayor Suarez: Would you check out the legality of that? I have a feeling in
the case where we have surplus property, our best bet is to sell it outright
which we certainly can do under the code and we have ready monies, but...
Mr. De Yurre: Well, maybe it's not surplus property, it's property that we
use, but it's free and clear. The Orange Bowl's free and clear.
Mr. Kapustin: Mr. Mayor, can I make one final suggestion and I'll sit down.
Mayor Suarez: Do you promise?
Mr. Kapustin: Promise. Banks get together and created homes of South
Florida. It may not be the best tool and it's a good one, it's being used.
Mayor Suarez: And we really have to - I was telling the Vice Mayor - we have
to set up a consortium of banks that will lend to commercial enterprises. We
did it for housing, it's works.
Mr. Kapustin: Correct.
Mayor Suarez: Not perfectly, but reasonably well.
Mr. Kapustin: Correct.
Mayor Suarez: Now we got tc do it for commercial enterprises.
Mr. Kapustin: Because we tried to do it with Homes of South Florida. You
couldn't do it. We need somebody. We need a leader to start the...
Mayor Suarez: I'm going to ask - the appropriate bank at the appropriate time
to be the leader in that consortium, without putting them on the spot at this
point.
Mr. Dawkins: Mr. Mayor...
Mayor Suarez; Any other emergency matters?
Ms. Range: Thank you, Mr.... yes, Mr. Mayor.
Mr. Cayaard: And I'm going to say something before I sit down.
Mr. Dawkins: Mr. Mayor...
92 September 28, 1909
4 9
Mr, Cayaard: Their contract is coming, I think, that local bank contract is
coming, I think, sometimes in October. I definitely think the Commission
should really look into this deal.
Mayor Suarez: We will do that, for sure.
Mr. Cayaard: Thank you.
-------------------------------------------------------------------------------
21. ALLOCATE $56,000 TO GEORGIA AYER'S "ALTERNATIVE PROGRAMS" - disburse
monies upon presentation of bills for actual costs incurred.
------------------------------------------------------------------------------
Mayor Suarez: Commissioner Range.
Ms. Range: Mr. Mayor, I have two additional items. First, the alternative
programs. Mrs. Georgia Ayers is not able to be here today because she is ill
and has just returned from the hospital.. She has three representatives who
will come and make a short presentation. I might tell you, however, that this
was one of the items which was turned down by our Governor and it is a very,
very important item. I know I don't need to go into a long dissertation about
the importance of the alternative programs. She needs now to carry her on
until she's able to get back to Tallahassee to attempt to reopen this case.
She needs $56,000 to carry her program on. If you wish to hear from these
gentlemen, we'd like to do that at this time.
Mr. Bill Ferguson: Good afternoon. My name is Bill Ferguson with the
Alternative Programs. I think we're here basically from a response, I think,
from Commissioner Plummer from Mrs. Ayers last meeting suggested that she go
ahead and seek some funds from the Police Department. I think there was some
surplus available and I think at that time, she applied for $55,000 grant.
Mayor Suarez: Oh, the Law Enforcement Trust Fund?
Mr. Ferguson: Yes, I believe it was something of that nature.
Mayor Suarez: Does this fit within the guidelines of that, Mr. Manager and,
if so, I know your relationship with Georgia and her programs and your sup...
Mr. Odio: The monies are available and we can follow through if you so...
Mr. Plummer: Move it.
Ms. Range: All right.
Mr. Odio: ...from the Law Enforcement Trust.
Mayor Suarez: I'll entertain a motion on using Law Enforcement Trust Funds.
Ms. Range: I'll move that then, Mr. Mayor.
j Mr. Dawkins: Can you fund...
=j Mayor Suarez: Moved and seconded. Commissioner Dawkins.
Mr. Dawkins: ...a program twice from Law Enforcement Funds?
Mr. Plummer: As long as the funds are available.
Ms. Range: Yes.
Mr. Odio: What do you mean twice, Commissioner? If the funds are...
Mayor Suarez: Twice in the same fiscal year because I think we did make an
appropriation for them...
Mr. Dawkins: I want to know, that's,..
Mr. Odio: If the funds are available, you can.
93 September 28, 1909
Mr. Dawkins: You can? No problem,
Mayor Suarez: All right, we have a motion and second.
Ms. Range: We'll move that.
Mayor Suarez: I know how closely the Manager's been working with this program
and how successful it is so if there's no other discussion on it, call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-856
A RESOLUTION SUPPLEMENTING THE FUNDING OF THE
ALTERNATIVES PROGRAM AND ALLOCATING FUNDS THEREFOR, AT
A COST NOT TO EXCEED $55,000; FUNDING TO BE PROVIDED
FROM THE LAW ENFORCEMENT TRUST FUND, UPON SUCH COSTS
HAVING BEEN APPROVED BY THE CHIEF OF POLICE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Range, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: Let me just make sure now. These monies that is made available
will not be given to them in a grant of money, but they will surrender bills
and be paid by the Manager as approved.
Mr. Odio: Yes, fine.
Mr. Plummer: OK, I just wanted to make sure of that. I vote yes.
22. (A) REDUCE PRESENT NUMBER OF MEMBERS OF NORTHEAST TASK FORCE TO
FIFTEEN.
(B) BRIEF DISCUSSION CONCERNING ONGOING PROCESS FOR GRANTING CITY
LOANS.
Mayor Suarez: OK, if there's no other emergency items...
Ms. Range: All right, one, just one more, Mr. Mayor. I have been receiving a
number of calls and I imagine some of the other Commissioners have also
regarding the recently discussed Northeast Advisory Committee. It seems that
some of the persons who are interested in that area feel that the committee is
unwieldy and that it is at least 25 to 30 persons on it and they feel that if
we could have a lesser number that whatever is done would be done in a more
orderly fashion. Consequently, I'm bringing this to you either for discussion
or to say that I feel that we should make this a committee of not more than 15
to be chosen...
Mayor Suarez: And then we have to eliminate ten from the number that we
appointed. That's the problem. It was difficult enough getting them to agree
on 25.
94 September 20, 1989
Mr. De Yurre: Well, I've been getting the same calls and I have no problem,
you know, if this Commission wishes, just to each one of us to appoint three
and that creates the board of fifteen.
Mr. Dawkins: Well, I do have a problem. They called me and I told them this
morning they selected 25 and they have to get together and cut it down to
fifteen. I wasn't going to make anybody in the neighborhood angry with me by
removing them, me personally, by removing them from the 25 members and it was
their neighborhood and it was up to them to bring to me 15 names, just like
they brought me twenty-five. Now, they're not very happy but that's my
position.
Ms. Range: I would be agreeable with that. I have no special interest in
wanting to name persons. I'm only trying to assist them in getting to a
reasonable number since they are having problems with the twenty-five.
Mr. Dawkins: Mrs. Range, anybody we put off is the wrong person to put off
and we've got an argument and...
Mayor Suarez: And you know they're obviously having a little bit of a hard
time getting along with each other and at least we have reduced them from a
community of let's say 75,000 to twenty-five, but even that reduction by Miami
Commission decision apparently is not doing the trick, I...
Mr. Plummer: We started a civil war up there.
Mayor Suarez: We may - I think it's an exercise in their getting along with
each other which is... and, by the way, the DDA does have 29 members.
Mr. Dawkins: Mr. Mayor...
Ms. Range: Mr. Mayor, this...
Mr. Dawkins: Are you finished, madam Range?
Ms. Range: Mr. Mayor, this is...
Mayor Suarez: This is the section of the agenda devoted to dedicate to
Commissioner Range, yes.
Ms. Range: Come on, now. Just one thing that's bothering me a little bit and
I don't know how long it has been in practice, but I take note that in several
of the loans which have been granted, and incidentally, I would say they have
been granted to black organizations, it seems that we are now on the trail of
a requisition type loan, you know, coming in and having everything okayed. Is
this to be the trend on all loans or is this just for specific circumstances?
Mayor Suarez: You know, what I think happened that ones who have been here
longer could probably verify this history, but we initially wanted each of the
organizations receiving grants or loans to give us an audit. Then, we
decided, in some cases that that was too expensive, we tried to do it
ourselves. Finally, we have come up with this situation when it's an
emergency loan of saying we will pay the bills directly so that at least the
process of auditing is simplified a little bit by the direct means of making
the payments. That's the idea.
Me. Range: All right, as long as it's as it applies to everyone.
Mayor Suarez: Yes.
Mr. Plummer: Yes, ma'am.
Ms. Range: Thank you.
Mr. Dawkins: Mr. Mayor.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: I'd like permission to revisit item three.
Mayor Suarez: Yes, that was the master - capital improvement plan?
95 September 28, 1989
Ms. Range: Did we decide anything on the Northeast, what we're going to do
there? Did we decide?
Mayor Suarez: Unless somebody makes a motion, we didn't take any action on
it.
Mr. Dawkins: No, ma'am, we waited for the... any motion?
Mr. Plummer: Motion on what, Mr. Mayor?
Mayor Suarez: On trying to reduce that group of 25 to fifteen. I mean, if...
Ms. Range: I'd offer the motion on the fifteen.
Mr. Plummer: Well, did you make such a motion?
Ms. Range: Nobody made the motion, I'm ready to make a motion now if it's in
order.
Mr. Plummer: Let me hear it.
Me. Range: I'll just offer the motion that the Northeast Area Task Force be
reduced from 25 to fifteen and that they make the deletions themselves. I'm
not interested in making the appointments, but they have a list.
Mayor Suarez: Well, that will be an interesting dynamic to see the 25 of them
get together and figure out how they can eliminate ten.
Ms. Range: Very good. I mean, that's their problem is...
Mr. Plummer: I'll second the motion.
Mayor Suarez: There's a book about something like that. All right, we have a
motion and a second. Any discussion?
Mr. De Yurre: Call the roll.
Mayor Suarez: If not, call the roll.
The following motion was introduced by Commissioner Range, who moved its
adoption:
MOTION NO. 89-857
A MOTION REDUCING THE NUMBER OF MEMBERS OF THE
NORTHEAST TASK FORCE FROM 25 TO 15; FURTHER STATING
THAT THE PRESENT MEMBERS OF THE BOARD ARE TO MAKE THE
DELETIONS THEMSELVES AND THEREAFTER SUBMIT TO THE CITY
CLERK THE AMENDED MEMBERSHIP LIST.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
NOES: Mayor Xavier L. Suarez
ABSENT: None.
Mr. Plummer: Mr. Mayor, do I have to refrain from voting?
Mayor Suarez: Yes?
Mr. Plummer: Mr. Mayor, do I have to refrain from voting because some of them
people are going to shoot each other and I could be in a conflict of interest
there.
Mayor Suarez: I don't want any responsibility for the reduction from 25 to
fifteen, that's why I'm voting no.
96 September 20, 109
23. AUTHORIZE MANAGER TO PURCHASE/INSTALL "WELCOME" SIGNS - at entrance of
target areas (Allapattah, Edison -Little River, Little Havana, Model
City, Overtown, and Wynwood) - Allocate CDBG funds.
Mr. De Yurre: Mr. Mayor...
Mayor Suarez: Mr. Vice Mayor.
Mr. De Yurre: ...I'd like to move this resolution authorizing the City
Manager to purchase and install the welcome signs that we've spoken about
before. Ones that look like this, right here.
Mayor Suarez: Yes, finally, finally.
Mr. De Yurre: And it reads that will install welcome signs that will identify
the entrance to City neighborhoods in the Allapattah, Edison, Little River,
Little Havana, Model City, Overtown, Wynwood community development target
areas; allocating funds in amount not to exceed $12,540 from the llth year
community development block grant allocation to be expended in accordance with
applicable City Code provisions for the purchase and installation of said
signs. I so move.
Mr. Plummer: How much?
Mr. De Yurre: Twelve thousand, five and forty dollars.
Mayor Suarez: So moved.
Mr. Plummer: For all of them?
Mr. De Yurre: Yep.
Mayor Suarez: And seconded.
Mr. Plummer: Where...
Mayor Suarez: It is interesting, isn't it, that those signs have always it
seems like they sprout forth in places like Coconut Grove and downtown but not
in some of the other neighborhoods. It's about...
Mr. Plummer: I think it's more interesting they always pop up just before
political campaigns so you'll have more places to put signs.
Ms. Range: Seriously speaking...
Mayor Suarez: Hadn't thought of it for that reason, but - for that purpose.
Ms. Range: Very seriously speaking though, Mr. Mayor, you know, Model Cities
is almost passe. The total character of that area has changed completely.
Mayor Suarez: I tend to agree that we ought to be very careful as to giving a
label to a community unless we have consulted them as to how they want to be
called. Maybe that we ought to have Edison or...
Ms. Range: Yes, I just wonder about Model Cities, we do nothing under the
name of Model Cities any more. We talk about Liberty City.
Mayor Suarez: Right.
Ms. Range: And, of course, I take issue with that because a local TV station,
whenever something happens anywhere in the northwest section, they call it
Liberty City. So, I don't know, I think I would prefer if it were the wish of
this committee, to say on one of those signs, Welcome to Liberty City, in the
specific areas because Model Cities as I was saying, Commissioner De Yurre,
Model Cities is really not identified as such anymore.
97 September 28, 1989
Mayor Suarez% And that's been a county label that they did when I think they
created the improvement effort in that area. It wasn't even a City...
Ms. Range: Yes, you see, Model Cities goes - has as much land space in the
county as it has in the City.
Mayor Suarez: Exactly. OK, do you accept that?
Mr. De Yurre: That's fine and also to mention that the one for Biscayne
Boulevard area is already ready to go so we need to have that already in
place. It's been paid for already.
Mayor Suarez: Yes, make sure we don't pay for another one. OK. So moved and
seconded. Any discussion with those modifications?
Mr. Plummer: Is Sanitation taking down political signs?
Mr. Dawkins: No.
Mr. Plummer: You're not doing much of a job.
Mr. Dawkins: They aren't doing it at all.
Mr. Plummer: Why?
Mr. Dawkins: I don't know.
Mr. Plummer: Are you scared?
Mr. Dawkins: Yes.
Mr. Plummer: South Dixie Highway is littered with them.
Mr. Joseph Ingraham: We're doing that in conjunction with Building and
Zoning, sir. We're taking care of it.
Mr. Plummer: Well, which one of you are scared the most?
Mr. Ingraham: Not I.
Mr. Dawkins: Well, I told the Manager two weeks ago that they had to come
down and they haven't moved...
Mayor Suarez: How come the Public Works Director is not jumping up and
grabbing the mike? See, you got all the other department heads, they're
sitting back, they don't want to come up to the mike. Where' Dr. Prieto? He
always jumps right up?
Mr. Odio: Went sent them a letter and I saw yesterday, I drove around...
Mr. Plummer: What do you mean, send them letters? They're violating the
ordinance!
s Mr. Odio: We're taking the sings down and at the same time we have advised
them and also with Miami Beach candidates are putting signs on our side now
and they're coming down.
Mayor Suarez: OK, motion and a second. Any discussion? If not, please call
the roll so we can get to PZ.
M
98 September 28, 1989
m
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 89-858
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE
AND INSTALL WELCOME SIGNS THAT WILL IDENTIFY THE
ENTRANCE INTO CITY NEIGHBORHOODS IN THE ALLAPATTAH,
EDISON-LITTLE RIVER, LITTLE HAVANA, MODEL CITY,
OVERTOWN, AND WYNWOOD COMMUNITY DEVELOPMENT TARGET
AREAS; ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED
$12,540 FROM THE "ELEVENTH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT ALLOCATION" TO BE EXPENDED IN ACCORDANCE
WITH APPLICABLE CITY CODE PROVISIONS FOR THE PURCHASE
AND INSTALLATION OF SAID SIGNS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Range, the reso:iucion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: What's the motion on? What's the motion?
Ms. Range: I can't even remember.
Mayor Suarez: To go ahead and post the signs at the appropriate...
Mr. Plummer: Oh, yes.
24. (Continued Discussion) EMERGENCY ORDINANCE: Establish appropriations for
City of Miami Capital Improvements for fiscal year 1989-90 (See label
5).
--------------- --------------------------------------------------------------
Mayor Suarez: We had an item left on the - prior to PZ agenda - 13, I think
it was.
Mr. Dawkins: Yes, item three.
Mr. Plummer: Three.
Mayor Suarez: Oh, Commissioner Dawkins wanted to... the item that was tabled
is the capital plan of the City. You have a motion on it, Commissioner?
Mr. Dawkins: Yes, Mr. Mayor...
Mr. Plummer: Excuse me, Mr. Dawkins...
Mr. Dawkins: Yes, sir?
Mr. Plummer: Should we not recognize in the audience the future City Manager,
where is Carlito?
Mr. Dawkins: By all means, please stand.
Mr. Plummer: Carlito, venga.
99 September 28, 1989
Mr. Dawkins: Yes, stand.
Mayor Suarez: He's running away from his Dade, all right.
Mr. Plummer: He sure could do a better job than his father, but that's all
right.
Mayor Suarez: We had - malre that in the form of a motion?
Mr. Dawkins: Yes, I made a motion. I moved.
Mayor Suarez: So moved on the item. That was...
Mr. Dawkins: Item three from this morning.
Mayor Suarez: Item three from the morning.
Mr. Plummer: To reconsider?
Mr. Dawkins: Capital improvements.
Mr. Plummer: To reconsider?
Mayor Suarez: We had tabled it. We had tabled it. We just bring it back up
and vote on it.
Mr. Plummer: I second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll. Read the ordinance. Thank you.
Mr. Plummer: To reconsider?
Mr. Dawkins: No, I got to reconsider and then I got a discussion.
Mayor Suarez: No, it was just tabled, it was just tabled. We'll just bring
it back up.
Mr. Dawkins: All right, bring it back up to table. OK, then, Mr. Mayor - I
mean, Mr. Manager, I have a list here and I want to put it in the record.
You're going to purchase up to 10 cranes, which you will spend $1,246,000 to
purchase as many cranes as that will purchase.
Mr. Odio: Yes, sir.
Mr. Dawkins: OK, don't purchase five cranes and then don't spend...
Mr. Plummer: Well...
Mr. Dawkins: ...spend $1,246,000 in cranes. Is that correct?
Mr. Odio: Right. Yes, sir.
Mr. Plummer: Can I make a notation there?
Mr. Dawkins: Go right ahead, J. L.
Mr. Plummer% Are we going to buy the same damn cranes that create the hot
tubs outside of everybody's yard?
Mr. Odio% No, we're looking...
Mr. Plummer: Or are we going to buy a Coral Gables cranes where they don't
have hot tubs in their curb way.
Mr. Odio; Coral Gables don't have people - well... I, yes...
Mr. Plummers No, all joking aside, I mean...
Mr. Odio: We sent people out to various cities to look at cranes.
I , 100
It 0
Mr. Ron Williams: Absolutely, Commissioner Plummer, if I may respond to that.
It is probable that we will not buy the same kind of crane. Firstly, because
they're not being made any more and the factory's closed down.
Mr. Plummer: That's a good reason.
Mr. Ron Williams: The positive side...
Mayor Suarez: I like your thinking today, Ron.
Mr. Plummer: It's the process of elimination.
Mr. Williams: The positive side of that is the alternate crane that we will
go to and I'm working with Mr. Ingraham from an operational perspective, is
going to be clearly much less and it's very probable that that one million two
will take us much farther than we participate, Commissioner.
Mr. Dawkins: It's not that crane that run down the streets and pull stuff up
and lift it up? It'll be a swinging crane.
Mr. Ingraham: Correct.
Mr. Williams: That's the one that we're looking for.....
Mr. Dawkins: Wait a now - I hear Mr. Ingraham saying yes and I hear you
saying you think so.
Mr. Williams: Well, the reason I don't want to be any more definitive than
that, we do not have that crane anywhere in the market to buy, you know, with
the swinging boom that we're accustomed to.
Mr. Dawkins: We can buy everything else...
Mr. Williams: We're going to buy a crane that matches the particular need.
Mr. Dawkins: We buy everything else from Korea, Japan and Viet Nam so I don't
see why you can't start buying cranes.
Mr. Williams: We will find them, Commissioner.
Mr. Dawkins: All right. Now, Mr. Mayor, Mr. Manager...
Mr. Plummer: Joe Carollo said that and bought a Volvo.
Mr. Dawkins: ...we're buying fire rescue equipment and I'm so sorry that the
individuals who were here this morning say we're not doing anything, are not
here.
Mr. Odio: In the tune of eight hundred and...
Mr. Dawkins: You're purchasing one Mack truck for $250,000, a form pumper for
$250,00, one fireboat for J.L. since he can get out of his car...
Mr. Plummer: Oh, no, no, no, not for J. L.
Mr. Dawkins: Two fifty, $250,000, an air van - what is an air van?
Mr. Plummer: Refill the cylinders.
Mr. Odio: What is an air van?
Chief Huddleston: Yes, that's right, Commissioner, it's a vehicle that we use
for our self contained breathing apparatus. It goes to the fire scene and
refills the air cylinders for the firefighters.
Mr. Plummer: That's the second one.
Mr. Dawkins: And we could not encourage channel ten or nobody to come out and
shoot the video. We got to buy a van for $41,000.
Chief Huddleston: We normally have pretty good support from the media at our
fires, yea, sir, but we need this for training purposes and other purposes
that go along with that.
101 September 20, 1989
7 0
Mr. Dawkins: And the refurbishing of $535,000, we are refurbishing what?
Mr. Odio: Twelve pumpers.
Chief Huddleston: Twelve pumpers, sir.
Mr. Dawkins: Beg your pardon?
Chief Huddleston: Twelve pumpers.
Mr. Dawkins: Where is the money that you're refurbishing the rescue vehicles
with?
Chief Huddleston: That is in another one of the accounts and I'll get it for
you.
Mr. Plummer: Now, let me make sure...
Chief Huddleston: That is account 313224 and it's what we had our discussion
about remounting. That is an amount of $487,000, that's for eight rescues and
one stake body.
Mr. Dawkins: All right, we're buying eight. See, I don't want...
Chief Huddleston: Brand new.
Mr. Dawkins: ...you're not refurbishing eight units, you're purchase...
Chief Huddleston: No, sir, I think we had a little confusion in the
terminology. We used the box but we bring a brand new vehicle in and put it
under that box that you can see on the rescue trucks.
Mr. Dawkins: But - OK, does the box - is the box that you're going to put on
the new chassis, the new state of the art vehicle for lifesaving and life
support services?
Chief Huddleston: Yes, sir, finest money can buy.
Mr. Plummer: We build our own.
Mr. Dawkins: I thought you didn't know about it.
Mr. Plummer: I know about the...
Mr. Dawkins: See, you tell me you didn't know about the boat.
Mr. Plummer: No, that's what I want to find out about the boat because it
don't have outriggers on it.
Mr. Dawkins: OK, all right. Nuw, so - OK, the other thing, one more thing
and I'll be finished, you got $750,000 we're buying rubbish and dump trulcks
with, is that correct?
Mr. Odio: Yes, sir.
Mr. Dawkins: OK.
Mr. Plummer: Where in the hell is that? I don't have that.
Mr. Odio: That's on the COP notes that is telling...
Mr. Dawkins: All right. I'll move it.
Mr. Plummer: Wait, wait, I got a question.
Mr. Plummer: Absolutely, I am totally opposed. We got two boats now.
Neither one of them work.
Chief Huddleston: That's why we need a new boat.
Mr. Plummer: Why is Daytona Beach buying a fire boat for $43,000?
Chief Huddleston: I don't know what they're buying, Commissioner, but
we'll...
Mr. Plummer: They're buying one that works. Ours, for two hundred and fifty,
don't work.
Chief Huddleston: Well, what we're looking at is a jet drive boat, very
shallow draft...
Mr. Odio: Let me do something, Commissioner. Vote for this, we cannot buy it
anyway unless we come back to you and then you go and look at boats. And, if
you don't agree, then we don't buy it.
Mr. Plummer: No, Mr. Manager...
Mr. Odio: But, I mean, this is not buying the boat, you know, this is
only....
Mayor Suarez: Yes, we're just approving the general capital plan of the City.
Mr. Dawkins: We will be buying a boat...
Mr. Plummer: By the way, Chief, their boat is not only fire equipped to fight
fire, they also use it for rescue.
Chief Huddleston: This one that we're thinking about certainly would be too,
sir.
Mr. Plummer: And they're paying $43,000 for it.
Mr. Odio: Well, that's what we need to, if you would, we can...
Chief Huddleston: This is a best guesstimate of what we've seen on the
market, Commissioner.
Mr. Odio: I know the one we have doesn't work.
Mr. Plummer: It never has.
Mr. Dawkins: OK, now my reasoning, Mr. J.L....
Mr. Plummer: Hey, I'll go along as long as it's got to come back to us. I'll
get you some stuff on that up there.
Mr. Dawkins: OK, OK. Well, my reason for bringing it back was to get the
money earmarked for that specific purpose. Now, do I have to pass a motion to
ensure that these funds here are expended for this equipment and material
only?
Mr. Odio: No, sir, once you appropriate this, this is it. We would have to
come back to you to change it.
Mr. Dawkins: OK, all right.
Mr. Plummer; Plus you have to come back and get our approval on any of the
bids.
Mr. Dawkins: OK, call the roll, Mr. Mayor.
Mayor Suarez: Yes, we have a motion and a second on the ordinance. Read the
ordinance and then give the reason for the emergency which I guess is fairly
evident. Call the roll.
10
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING APPROPRIATIONS FOR
CITY OF MIAMI CAPITAL IMPROVEMENTS; CONTINUING AND
REVISING PREVIOUSLY APPROVED SCHEDULED CAPITAL
IMPROVEMENT PROJECTS, ESTABLISHING NEW CAPITAL
IMPROVEMENT PROJECTS TO BEGIN DURING FISCAL YEAR 1989-
90; CONDITIONALLY REPEALING PROVISIONS OF ORDINANCE
NO. 10521, AS AMENDED, THE 1988-1989 CAPITAL
IMPROVEMENTS APPROPRIATIONS ORDINANCE; AND PROVIDING
CONDITIONS, AUTHORIZATIONS AND DIRECTIONS TO THE CITY
NANAGER AND CITY CLERK.
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 J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Dawkins and seconded
by Commissioner Plummer, adopted said ordinance by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10642.
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.
25. INSTRUCT CITY ATTORNEY TO DRAFT ORDINANCE CONCERNING CREATION OF A
PROPOSED CITY BOARD TO ENFORCE MINIMUM HOUSING CODE - presently done by
the County.
Mayor Suarez: Item 13 was left over from the morning. What is item thirteen?
What is the status on the minimum housing code idea that we'd had?
Mr. Plummer: That's the City Attorney.
Mr. Jorge Fernandez: Basically, Mr. Mayor and Commissioners, we are looking
at establishing a minimum housing authority in the City of Miami. At one
time, the'City had it and gave it to the county and the question was put to me
whether we can take back from the county what we gave it. My opinion on that
is that that we cannot do but we can go ahead and creatively so establish our
own minimum housing authority with the power that's given to us by the federal
government and...
Mr. Plummer: So move.
Mr. Fernandez: The issue would be as I prepare this ordinance, is looking to
ways in which there would not be conflicting jurisdictions between the county
and the City and making sure we properly follow federal and state guidelines.
Ms. Range: I'll second that for discussion. I have a question...
Mayor Suarez: Moved and seconded. Commissioner Range.
Ms. Range: All right, I have a question of the attorney.
Mr. Fernandez: Yea.
Ms. Range: When we move to take back public housing, is that what you're
saying?
Mr. Fernandez: No, no.
Ms. Range: Oh, the housing authority.
Mr. Fernandez: Yes, housing...
Ms. Range: All right. Will we have jurisdiction in that housing authority
over all actual housing which is within the City limits? That's what I wanted
to ask you.
Mayor Suarez: No, the... I have to say, in line with what the Commissioner is
saying, the idea that you're telling us that we cannot pass our own minimum
housing code...
Ms. Range: I see.
Mayor Suarez: Very simple, straight forward concept that some of us had. And
that, instead, we're going to create a minimum housing authority, whatever
that means.
Mr. Fernandez: Or board, it's the same, I mean, the language I'm using
interchangeably, I think that what I'm telling...
iayor Suarez: We have a housing agency which we didn't have before which
Forks with the federal government as to any funds that they'll give us
iirectly that don't go through the county and any other funds we can get our
lands on legally. What is the minimum housing authority going to do? An
authority implies a revenue producing agency of some sort that builds
something or otherwise you're just saying a committee, an advisory committee
)r board or what?
,lr. Fernandez: I misspoke myself using the word authority. We're looking to
establishing really a board for purposes of enforcing minimum housing
standards, which is what I...
Mayor Suarez: OK. All right, and our board would have any enforcement powers
at all? I guess we can impose additional fines to the county, is that the
idea?
Mr. Odio: May I, if I may, we had a very good meeting yesterday with the
county and before you do anything on this, I'd like to conclude the
negotiations we have with them as far as the unsafe board and what we're going
to do in code enforcement also. I don't know if this could affect... they
mentioned their concern that we would move on this area, didn't they?
Mayor Suarez; When citizen groups come up to meet with you, Mr. Manager,
don't tell them that we're going to go along with all the requests including
the creation of a minimum housing board or an unsafe structures board.
Mr. Odio: No, but I'm not saying that we're not going to do it, Mr. Mayor. I
said for instance, that out of the meeting yesterday, we got the unsafe
structure board to take up 50 cases where they were only taking five and...
Mayor Suarez: And we've been battling to do them for many, many, many months
and that's exactly what Commissioner Dawkins and I told the group from the
northwest. In any event, what...
105 September 28, 1989
Mr. Sergio Rodriguez: If you want to instruct us...
Mayor Suarez: ...no, no, OK, we got three cooks in the pot. What is your
suggestion, Sergio?
Mr. Rodriguez: If you instruct us to follow up on this, we're going to have a
meeting tomorrow anyhow with the county to follow up on our previous meeting
and we can incorporate for your consideration, next time, the creation of a
housing board with and we will tell you the reasons for and against it and
then at that time you can make a decision.
Ms. Range: And when we...
Mayor Suarez: Commissioners, do you want to hold in abeyance a decision until
the county negotiations have been completed or do you want to try to...
Ms. Range: I want to ask one more question.
Mayor Suarez: Commissioner Range.
Ms. Range: When we create this housing board, it will, in all probability,
have its independent rules and regulations by which it will be operated. Now,
what if these are different from the county?
Mayor Suarez: That's a very good question.
Ms. Range: What is these are different from the county? Then we have another
problem.
Mr. Fernandez: That's where the subject matter of the minimum housing board
is the enforcement of the South Florida Building Code principally and...
Mayor Suarez: Which the county also goes by.
Mr. Fernandez: Exactly and now the issue is whether they have preempted the
City or whether they have exclusive jurisdiction as to the enforcement of the
South Florida Building Code through their minimum housing board or whether we
could set up a parallel structure and, likewise, also enforce...
Mayor Suarez: Do we have an answer on that legal question at this point?
Mr. Fernandez: No, we don't.
Mayor Suarez: All right, why don't we get an answer on that legal question?
Continue the meetings with the county and then act.
Mr. Plummer: That's fine with me.
Ms. Range: Then just one more question, if you will.
Mayor Suarez: Commissioner Range.
Ms. Range: Then why are we interested in forming a board exclusively for the
City? Is it because the county is not carrying out its mandate or what is it?
Mr. Plummer: They're overloaded. They can't handle everything.
Ms. Ranges What is it?
Mr. Odio: We came out of discussions we had here at this level that when the
code enforcement and safe structure boards that maybe it would be wise also to
look at minimum housing code and that's when it came up. And we have looked
at it and like I said, we met for two hours yesterday with the county and it
was very productive and maybe this would force them act within the City limits
and in the meantime, we can check and see if we can do it ourselves.
Mayor Suarez: We also were considering, I think, in the back of our minds,
was the idea of having more strict code requirements or different code
requirements from those of the county. It isn't all that clear that we can do
that but we're going to get a legal opinion.
September 28, 1989
Mr. Plummer: Well, they set minimum standards. That doesn't mean we can't go
beyond them.
Mr. Rodriguez: Right, we can go beyond that.
Mayor Suarez: Right, we - usually it's the other way around, we have to meet
their minimum standards, of course, but we can go beyond that usually.
Mr. Plummer: Exactly.
Mayor Suarez: At least when local governments function in relation to state
governments, they can do that. I don't know one local government versus
another. OK, we're going to get a legal opinion on all of that and we'll be
back.
26. DISCUSSION CONCERNING PROPOSED CONSOLIDATION OF ALL POLICE DEPARTMENTS
IN THE COUNTY.
Mr. Plummer: Mr. Mayor, let me broach a subject to the Commission. I act as
your r�u egate. Does this Commission wish to take an action? I met with the
Dade League of Cities in reference to Metropolitan Dade County charter change
in reference to incorporating all police departments under one?
Mayor Suarez: I think they've dropped it.
Mr. Plummer: Well...
Mayor Suarez: It was dropped at the level of the Commission, of course. We
all read that, but I think it was also dropped at the level of the new
committee that's been created.
Mr. Plummer: Well...
Mayor Suarez: I was just told yesterday.
Mr. Plummer: All right...
Mayor Suarez: But if you want to resolve...
Mr. Plummer: No, I'm just asking. What your instruction to me as your
representative to that board? That we are totally opposed to it? We're not?
Also, districting, also annexation are matters before that board. In what
position does this City want to take? If any?
Mayor Suarez: Well, my position on districting is well known because I'm part
of a lawsuit against the county as a plaintiff and I guess we have a majority
of Commissioners that feel that way. I think all of us feel that way. On
consolidation, I don't any of us want to do any consolidating at this point.
Mr. Plummer: OK.
Mayor Suarez: Anybody want to say anything other than that?
Mr. Plummer: If I hear nothing to the contrary, that's the instructions I'll
carry.
Mr. De Yurre: That's it.
NOTE FOR THE RECORD: AT THIS POINT, THE CITY COMMISSION
TEMPORARILY DEFERS CONSIDERATION OF REGULAR AGENDA ITEMS TO
CONSIDER ITEMS ON THE PLANNING AND ZONING AGENDA.
iC7
September 28, 1989
Is I
27. SECOND READING ORDINANCE: Zoning atlas amendment at 955 S.W. 2nd Avenue,
from RG-2.3/6 to RG-2.3/7 (Applicant: United Way of Dade County, Inc.)
Mr. De Yurre: Now, I want to know, there's a second reading on this item. If
there's no opposition, I'll move it.
Mr. Plummer: This United Way?
Mayor Suarez: So moved.
Ms. Range: Second.
Mayor Suarez: Seconded. Does anyone wish to be heard on this item? Let the
record reflect that no one from the general public stepped forward. Read the
ordinance. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION (SECTOR
NUMBER ONLY) OF 955 SOUTHWEST 2 AVENUE, MIAMI, FLORIDA
(MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-2.3/6
GENERAL RESIDENTIAL TO RG-2.3/7 GENERAL RESIDENTIAL BY
MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY
CHANGES ON PAGE NO. 37 OF SAID ZONING ATLAS MADE A
PART OF ORDINANCE NO. 9500 BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of July 27, 1989,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner De Yurre, seconded by Commissioner Range, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10643.
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:
Mr. Plummer: For the record, Mr. Traurig, are you representing them?
Robert Traurig, Esq.: Yes, sir.
Mr. Plummer: I vote, I guess, yes.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: Yes, you see, he didn't have to tell you the truth because he
wasn't sworn in, so just don't send a bill now, counselor.
Mr. Traurig: Thank you very much.
08
September 20, 1909
NOTE FOR THE RECORD: AT THIS POINT, THE CITY COMMISSION
TEMPORARILY DEFERS CONSIDERATION OF PLANNING AND ZONING ITEMS.
28. DIRECT MANAGER TO ORGANIZE COLLECTION FOR VICTIMS OF HURRICANE HUGO.
Mr. Dawkins: Mr. Mayor...
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: I intended to do this this morning. I'd like to do it now. I'd
like for the administration to prepare a resolution where we adopt a
resolution that all City of Miami employees bring a canned good or a gift on
Wednesday and that the Manager be instructed to ask the school board to ask
each kid to bring a can good or a piece and that we send it to the hurricane
victims in Charleston, South Carolina.
Mayor Suarez: OK, resolved that the City employees be encouraged to help in
this effort. Obviously, he...
Ms. Range: Do you need a second on that? Was that a...
Mayor Suarez: Yes, please, yes.
Ms. Range: Yes, I'd like to second that.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 89-859
A MOTION DIRECTING THE CITY MANAGER TO ORGANIZE A
COLLECTION FOR THE VICTIMS OF HURRICANE HUGO IN THE
CHARLESTON, SOUTH CAROLINA AREA; FURTHER REQUESTING
THE EMPLOYEES OF THE CITY OF MIAMI AND CHILDREN FROM
THE AREA SCHOOLS TO DONATE ITEMS.
Upon being seconded by Commissioner Range, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
109 September 20, 1909
I It
------------------------------------------------------------------------------
29. (A) DISCUSS AND DEFER AGENDA ITEM PZ-2 (proposed First Reading
Ordinance to amend Miami Comprehensive Neighborhood Plan by
changing land use designation at 201 & 203 Beacom Boulevard) -
to next Planning and Zoning meeting.
(B) DISCUSS AND DEFER AGENDA ITEM PZ-3 (proposed First Reading
Ordinance for zoning atlas amendment at 201 & 203 Beacom
Boulevard from RG-1/3 to CR-3/7) - to next Planning and Zoning
meeting.
------------------------------------------------------------------------------
Mayor Suarez: PZ-2.
Mr. Rodriguez: Mr. Mayor, in relation to items PZ-2, 3...
Mayor Suarez: It's one of the one's you had to - we had a notice problem
here?
Mr. Rodriguez: ...and 13 and 14. In relation to item number 2, PZ-2, there
was - there is a legal ad deficiency and you shouldn't be handling this item
today. You should be deferring this item until we have proper legal
advertisement. And PZ-3 relates to it so you shouldn't be handling that case
today either. So I'd suggest that we defer those two items. In relation to
item 13 and 14, even when those are scheduled to be heard after 5:00 o'clock,
there might be some people on those over here. In the case of item 13, this
is an item that was the rezoning for the whole City to com...
Mayor Suarez: Why don't we take that up at that point and not confuse us all
until it's scheduled for after five?
Mr. Rodriguez: You don't want to make any...? OK, sure.
Mayor Suarez: There's no one here on two and three, PZ-2 and PZ-3? You
_ understand that we feel that it's kind of our fault that we're going to have
to defer action on this. I'm not sure how that's going to - whether that's
going to work in your favor or not. Perhaps it will. On the substance of the
case, counselor, I guess, have you explained the problem?
Al Cardenas, Esq.: I've explained - for the record, my name is Al Cardenas
with offices at 1221 Brickell Avenue. I spoke with City Attorney's office and
with Mr. Olmedillo yesterday advised the clients, advised the neighbors who
wanted to come in support of the application and they all stayed home based on
our conversation and agreement that it's just legally not possible.
Mayor Suarez: And there are no neighbors here against the application
contained in PZ-2? That's an indication that things...
Mr. Cardenas: Yes, these folks are against.
Mayor Suarez: Oh, you're against.
Mr. Cardenas: Right.
Mayor Suarez: Oh, OK, I'm sorry. I thought you were the applicants. All
right, do you understand what the problem is? We made a mistake in our legal
notice and this is not properly before us and it could create a problem
whichever way we decide on it so we're going to have to take a deferral on it.
We hate to have to do that, but there's not much we can do about it.
Mr. Cardenas: That'll be till when?
Mayor Suarez: If you want to come up to the mike and say something about the
procedural... I don't think we have to swear in somebody on a procedural
issue. We're not going to be able to get into the merits of it.
Mr. Eduardo Muzales: OK, I don't know what's going on, but as fax as I'm
concerned, I think they're trying to delay...
Mr. pe Yurre: Could I have your name and address?
110 September 28, 1989
Mayor Suarez: Give us your name, please.
Mr. Muzales: My name is Eduardo Muzales and I took time off from work to come
here and my boss wasn't very happy about it. So did he. And now they want to
postpone it.
Mr. Plummer: No.
Mr. Muzales: I can't keep taking...
Mr. Plummer: Not they. We screwed up. We, the City screwed up. They
didn't. We're saying that legally we can't hear it because we screwed up.
It's our fault, beat us.
Mayor Suarez: See, the notice apparently went out in such small print that
maybe you found out about it or heard about it but other people didn't.
Wasn't the problem with the size of the print?
Mr. Fernandez: Not in this item.
Mr. Rodriguez: In this case, what happened that it the notice says that the
change was going to be for residential office and there's no such a
classification. It's only office and that was carried from the language from
the planning advisory board recommendation. So, there was a mistake and we
don't want to have any challenges on this in the future. So, for that reason,
we take the precaution of trying to make sure that we don't have a mistake and
we don't hear cases - recommend to the Commission not to hear the cases in
this days.
Mr. Dawkins: Is it improper to ask that we get this gentleman's name and the
other gentleman's name and that we write a letter to their employee explaining
that as big as the City of Miami is, we made a mistake and goofed up and it's
not their fault?
Mayor Suarez: Not at all, not at all improper. We could do that. And, also,
actually, sir, if you really thought you had a problem going back and you
wanted to give us your testimony now, we would be able to take it and put it
in the record.
Mr. Muzales: What time are you all going to put the next meeting for?
Mayor Suarez: Maybe what you're trying to suggest is that we do it after
working hours?
Mr. Muzales: That is correct.
Mayor Suarez: I think in fairness to you, we'll do that. After 5:00 p.m.?
Mr. Muzales: That's fine.
Mayor Suarez: OK. I'll entertain a motion to continue this item.
Mr. Rodriguez: It cannot be continued. We have to defer it, but we can
advertise for after 5:00 p.m.
Mayor Suarez: Defer the item until October 26th at 5:00 p.m.
Mr. Rodriguez: Twenty-sixth.
Mayor Suarez: So move, somebody.
Mr. De Yurre: Moved.
Ms. Range: I'll offer that motion.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
Mr. Plummer: Who's your boss? What company do you work for?
11� September 20, 1989
I
Mr. Muzales: Southern Steel Drums.
Mr. Plummer: You'll write a letter explaining.
Mayor Suarez: Call the roll.
ON MOTION DULY MADE BY COMMISSIONER DE YURRE AND SECONDED BY
COMMISSIONER PLUMMER, PZ-2 WAS DEFERRED TO THE COMMISSION MEETING
OF 26 OCTOBER 1989, AFTER 5:00 P.M., BY THE FOLLOWING VOTE:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Fernandez: Same thing with item three, Mr. Mayor.
Mr. De Yurre: Move the deferral.
Mr. Plummer: Second.
Mayor Suarez: Move to defer. Moved and seconded. Any discussion? If not,
call the roll.
ON MOTION DULY MADE BY COMMISSIONER DE YURRE AND SECONDED BY
COMMISSIONER PLUMMER, PZ-3 WAS DEFERRED TO THE COMMISSION MEETING
OF 26 OCTOBER 1989, AFTER 5:00 O'CLOCK P.M., BY THE FOLLOWING
VOTE:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
30. APPROVE VACATION/CLOSURE OF ALLEYS - located within Brickell Avenue,
S.E. 14th Lane, S.E. Bayshore Drive & S.E. 14th Terrace (Applicant:
Brickell Gateway, Ltd.).
------------------------------------------------------------------------------
Mayor Suarez: You see the same law firm. Now, you didn't get to charge for
the last one, Bob and Al, so you get to charge twice for this one because it
comes up...
Al Cardenas, Esq.: Well, this obviously...
Mayor Suarez: I shouldn't have said anything.
Mr. Cardenas: ...makes it very difficult for us but we're always
understanding whenever the City has a problem.
Mayor Suarez: Yes, you're always here too.
Mr. Plummer: Yes, right, uh huh.
Mr. Fernandez; Yes.
Mayor Suarez: En masse. OK, item four. PZ-4.
Mr. Plummer: Yes, that comes with the snow plows on Flagler Street.
112 September 28, 1909
10
Mayor Suarez: PZ-4.
Mr. De Yurre: How many do they have? How many items do you have here today?
:Twelve? I don't doubt it. You got the first four.
Mr. Plummer: This is the Traurig agenda.
Mayor Suarez: This is that section of the agenda devoted to the law firm of
Greenberg, Traurig, et al and the et al stands for Al Cardenas. Brickell
Gateway.
Mr. Guillermo Olmedillo: Mr. Mayor, PZ-4 is a street closure. There are
alleys within a main site which is being proposed for a major use special
permit and the applicant is filing to have the streets vacated and abandoned.
Mr. Plummer: Mr. Mayor, I met with the applicant and had a very good meeting.
I told him I would not try to hold him up today because they need to proceed,
but the applicant made me understand that he was thinking about a major
project which he would donate to the City voluntarily prior to his zoning on
the actual main project. So, based on the applicant's good word and the
mediocre word of the attorney, I would so move that we do this that the
applicant has made a good faith gesture and that we will further discuss that
major project that he wants to volunteer prior to the main application. So I
so move.
Mayor Suarez: So moved.
Mr. De Yurre: Second.
Mayor Suarez: Seconded. Any discussion? If not, does anyone wish to be
heard on this item? Let the record reflect that no one stepped forward except
for the applicant who's been stepping forward all day and this is just a
resolution, right? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-860
A RESOLUTION CLOSING, VACATING, ABANDONING AND
DISCONTINUING THE PUBLIC USE OF THOSE TWO NORTH -SOUTH
ALLEYS AND ONE EAST -WEST ALLEY LOCATED WITHIN THE
BLOCK BOUNDED BY BRICKELL AVENUE, SOUTHEAST 14 LANE,
SOUTHEAST BAYSHORE DRIVE, AND SOUTHEAST 14 TERRACE;
ALL AS A CONDITION OF APPROVAL OF TENTATIVE PLAT NO.
1354 "BRICKELL GATEWAY EAST"; ZONED SPI-5 BRICKELL-
MIAMI RIVER RESIDENTIAL OFFICE DISTRICT.
(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 J. L. Plummer, Jr.
Commissioner M. Athalie Range
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller Dawkins. •
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: Mr. Traurig, are you the legal counsel?
Robert Traurig, Esq.: Yes, sir.
Mr. Plummer: I guess so, yes.
113
September
28,
1989
COMMENTS MADE FOLLOWING ROLL CALL:
Mr. Traurig: Thank you very much.
Mr. De Yurres No, it's not.
31. APPROVE MAJOR USE SPECIAL PERMIT FOR GRAN CENTRAL PROJECT - consistent
with Downtown Miami D.R.I. - at approximately 101-109 N.W. 1st Street,
104-250 N.W. 1st Avenue & 100-110 N.W. 3rd Street, part of FEC right-of-
way between N.W. 1st & 3rd Streets.
Mr. De Yurre: Item number five.
Mr. Guillermo Olmedillo: PZ-5 is an item, it's a special...
Mr. De Yurre: OK, now, hold it. The Mayor and I have a conflict on this
item, so, J. L., if you want to chair.
Mr. Olmedillo: Do we have a quorum?
Mr. Jorge Fernandez: Um hum, you do.
Mr. Plummer: You don't have a quorum right now so you're going to have to
hold up a minute.
Mr. Fernandez: Correct, you need at least three to have a quorum.
Mr. Plummer: Why don't we go on to item 6 and come back as soon as Dawkins
gets here.
Mayor Suarez: PZ-6, Gran Central.
Mr. Olmedillo: PZ-6 is a major use special permit application. There is a
development order that has been worked out by the Planning Department. It was
recommended for approval by the Planning Advisory Board. The building roughly
has 507,000 square feet, approximately 10,000 square feet of retail and the
rest of it is office. It has approximately 754 parking spaces. This is the
first phase of a multi -phase project which is being proposed for the City
right now. The Planning Department is recommending approval with the
development order that is attached to the major use special permit. Remember
that, at the same time, you are issuing development credits when you are
approving this type of permit.
Mr. Plummer: Yes, we...
Mayor Suarez: I'm sorry, remember that what, once again, Guillermo?
Mr. Olmedillo: When you issue a major use special permit at the same time you
are allocating development credits from the DRI, from the areawide DRI, the
downtown.
Mayor Suarez: Oh, yes.
Mr. Plummer: What are they donating to the City?
Mr. Olmedillo: That will allow the...
Mr. Plummer: Oh, I'm sorry.
Mayor Suarez: Why don't you swear in counselor, Madam City Clerk?
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.
Mayor Suarez: Is there anyone also, by the way, who had wished to be heard or
wishes to be heard on PZ-6 other than the applicant and their attorneys. Let
the record reflect that no one stepped forward. OK, Alan.
114 September 28, 1989
Alan Gold, Esq.: Yes, he didn't bring the stuff. Mr. Mayor, members of the
Commission, I'm Alan Gold, attorney, with law offices at 1221 Brickell Avenue,
representing the applicant. In response to the question Commissioner Plummer
has raised, we have met extensively with the City Manager. I would mention to
the Commission that this item had come before the Commission sometime ago. A
contract between the City and the applicant was worked out pertaining to a
number of issues including the relocation of N.W. 1st Avenue in anticipation
of this project as part of what was done at that time. This area that you see
at this location which creates an island, if you will, in the midst of N.W.
1st Avenue, is the subject of this development order. We have worked with
staff to come up with a landscaping plan and a budget for that plan which,
together with the bus base, we have allocated $100,000 for the construction of
that area and the beautification of that landscaping plan.
Mr. Plummer: That's history. That's what you were going to do for me
yesterday. What are you going to do for me tomorrow?
Mr. Gold: Sir, we, you know, have come up with a set of particulars about the
project including the bus base, which we are constructing as part of this
project. As I mentioned, landscaping all and we're including a day care
center. We are including...
Mr. Plummer: Now that's something that's worthwhile. OK, well tell me about
the day care center.
Mr. Gold: We have provided, as part of our conditions, a commitment for the
day care center.
Mr. Plummer: How many kids?
Mr. Gold: Sir?
Mr. Plummer: How many children?
Mr. Gold: I'd ask Mr. Benning to... one hundred.
Mr. Plummer: And that is mandated to stay in operation as long as the
building is in operation?
Mr. Gold: That is part of the proposal. The proposal did have, as part of
the condition, that we would have to be responsive to the need and if there
wasn't a need, we would have the opportunity to come back for reexamination of
that. But we think that there will be. We have provided it, we would have an
outside contractor come in and run it. We think it is necessary.
Mr. Plummer: What happened to the year - are you still committed by the
development order, to have that day care in place as long as the building is
in operation?
Mr. Gold: It is part of our development order. I believe the answer is yes.
Mr. Plummer: You have to maintain it. OK.
Mr. Dawkins: J.L., now this is what they told me and maybe I'm going to see
if you're on the same wave length. They are providing a space and then it
will be bid out in an effort to get someone to come in and operate it.
There's no expenses, in my opinion, related to them. They are going to put a
space there and an outside agency has to come in and be willing to run it.
Mr. Plummer: Yes, but they're not going to be paying rent. And that rent is
a subsidy in effect.
Mr. Rodriguez: Right,
Mr. Plummer: Now, that's fine.
Mr. Dawkins: Say what?
Mr. Plummer: No, the outside agency will not be paying rent.
Mr. Dawkins: I didn't hear that.
115 September 28, 1989
_ Mr. Plummer: Oh, no, that's part of the development order. Is that correct?
Mr. Gold: It's my understanding that - I'd ask confirmation of the client,
but that is correct.
Mr. Plummer: OK, so in other words, whatever square footage they give them is
the same as subsidy towards that agency.
Mr. Dawkins: Put that in the order.
Mr. Plummer: OK, that's in the order.
Mr. Rodriguez: If I can clarify also, it's not immediately, from the language
of the development order, it's within 24 months from the approval or for
certificate of occupancy or whenever the building is 50 percent occupied. So
I want to make sure that I clarify the record on that.
Mr. Gold: I would also...
Mr. Rodriguez: The commitment though is for the 100 kids and the commitment
is also to provide 35 square feet per child of space.
Mr. Plummer: Well, that's state regulation.
Mr. Rodriguez: Right.
Mr. Plummer: Yes, they have to do that, so it's 3500 square feet.
Mr. Rodriguez: Right.
Mr. Plummer: No.
Mr. Rodriguez: Yes, thirty-five hundred.
Mr. Plummer: Yes, thirty-five hundred, minimum, yes. Mr. Gold, what else are
you doing for the City?
Mr. Gold: I would only point out again that $100,000 I mentioned including...
Mr. Plummer: Don't... that's history.
Mr. Gold: ...is something which is subsequent.
Mr. Plummer: Don't insult me with that hundred thousand, because that's just
as good for you as it is for the City. OK? It gives you a direct access to
your property. Now, what else are you doing for the City?
Mr. Gold: Mr. Plummer, you know this project is also part of the
Overtown/Park West assessment district so the creation of this project, this
location, is going to create additional tax revenues for that purpose.
Mr. Plummer: No, no, no. This is tax increment.
Mr. Gold: Yes, sir.
Mr. Plummer: So, it's...
Mayor Suarez: I'm ready to vote on the item if any Commissioner has no other
questions, Commissioner Plummer although you may continue to inquire if you
like.
Mr. Rodriguez: Could I...
Mr. Plummer: Let me just be, you know, there is a
tremendous need
in this
City for
playground equipment and I would like to
hear some kind of a
volunteer
that on a good faith effort, that you
might want to
consider
?i
something
for playground equipment. I'm not asking
it for the City
itself.
I'm asking
for the kids of this community.
�C
Mr, Gold:
Yes, sir.
t
t
lib
September8,4$9
1 .
fl
dip
Mr. Plummer: Who will be the longtime beneficiaries of not only that building
but the playground equipment.
Mr. Dawkins: Well, I've told them, Mr. Mayor, and I'll tell my Commissioners,
nothing they mentioned to me, in my opinion, was for the City of Miami.
Everything that they mentioned enhanced their building and what the City of
Miami got was secondary. Now, that's how I feel.
Mr. Plummer: That's why I'm asking.
Mr. Gold: We would suggest commitment, a voluntary commitment on the part of
the applicant of $10,000 for playground equipment that would be part of the
development order.
Mr. Plummer: That's fine.
Mayor Suarez: OK, with the voluntary donation to a fund to be set up, I don't
think we have a fund of that sort, unless it can go directly into the parks
fund that we had for equipment. Yes, I believe it can.
Mr. Rodriguez: Park improvement trust fund.
Mr. Plummer: Yes.
Mayor Suarez: I'll entertain a motion on this matter, this resolution, major
use special permit.
Mr. Plummer: So move.
Mayor Suarez: So moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-861
A RESOLUTION, WITH ATTACHMENT, MARKED AS EXHIBIT "A",
ISSUING A MAJOR USE SPECIAL PERMIT, PURSUANT TO
ARTICLE 28, ZONING ORDINANCE NO. 9500, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
APPROVING WITH CONDITIONS, THE, GRAN CENTRAL PROJECT
LOCATED AT APPROXIMATELY 101-109 NORTHWEST 1ST STREET;
104-250 NORTHWEST 1ST AVENUE AND 100-110 NORTHWEST 3RD
STREET, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED
HEREIN) PROPOSED BY THE GRAN CENTRAL CORPORATION, BY
MAKING FINDINGS, SPECIFICALLY THAT THE DEVELOPMENT IS
CONSISTENT WITH THE DOWNTOWN MIAMI DEVELOPMENT OF
REGIONAL IMPACT DEVELOPMENT ORDERS (RESOLUTION 87-1148
AND 87-1149, DECEMBER 10, 1987); PROVIDING THAT THE
MAJOR USE SPECIAL PERMIT SHALL BE BINDING ON THE
APPLICANT AND SUCCESSORS IN INTEREST; PROVIDING FOR
RELIANCE ON THE APPLICATION, AND PROVIDING AN
EFFECTIVE DATE.
(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:
117 September 20, 1989
e
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Gold: Thank you.
32. APPROVE SPECIAL EXCEPTION TO PERMIT DRIVE-IN FACILITY - at 144 S.W. 8th
& 153 S.W. 8th Streets (Applicant: Barnett Bank of South Florida, N.A.).
Mayor Suarez: Do you want to handle PZ...
Mr. Jorge Fernandez: Five.
Mayor Suarez: Five, please.
Mr. Guillermo Olmedillo: PZ-5 is a special application request that has to be
approved by the City Commission. This is a drive through facility for the
Barnett Bank and this is to be located at 144 S.W. 7th Street and 145 S.W. 8th
Street. The Planning Department is recommending approval. This special
exception was issued by the Zoning Board and it's before you to be ratified
according to the ordinance.
Mr. Plummer: Fine, the applicant is the bank. For the record, the Planning
Department recommended approval, the Zoning Board granted with a City
Commission review subject to conditions and with a time limitation of 12
months in which a building permit must be obtained. You are for the
applicant?
Patricia Fletcher, Esq.: Right.
Mr. Plummer: Are you an attorney?
Ms. Fletcher: Yes, I am and I'm...
Mr. Plummer: Who else is going to testify in this matter? Dr. Theede, I'm
sure. Who else? All people wishing to testify stand up, raise your 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.
Mr. Plummer: Are you an attorney here...
Ms. Fletcher: Yes...
Mr. Plummer: ...representing the bank for a fee?
Ms. Fletcher: Yes and I'm reg...
Mr. Plummers Are you a registered lobbyist?
Ms. Fletcher% Yes, I am, yes.
Mr. Plummer; Proceed.
Ms. Fletcher: I'm Patricia Fletcher from 701 Brickell Avenue. I'm here on
behalf of Barnett Bank. As you can see from the exhibit, this is a drive
through facility for Barnett Bank. The zoning code permits a drive through
facility in this zoning district so long as there's adequate stacking or
reservoir spaces and certain parking spaces are allocated and certain
landscaping is installed. As the Planning and Zoning Departments are aware,
we exceed the required parking significantly and the required landscaping
118 September 2.8, 1909
0.
significantly. What I would like to do is if after Dr. Theede makes her
presentation, answer any questions you may have that she raises.
Mr. Plummer: You'll have a chance for rebuttal but put on everybody right now
that you want speaking for your project.
Ms. Fletcher: Carlos, do you want to say anything?
Mr. Plummer: ...that has been sworn in.
Ms. Fletcher: Maybe you could just make a general statement so that you...
Mr. Plummer: For the record, your name and address, please.
Mr. Carlos J. Arboleya: My name is Carlos J. Arboleya. I'm vice chairman of
Barnett Bank. My home address is 1941 S.W. 23rd Street and I respectfully
request this Commission. I will be able to answer any questions, we would
like to establish this drive in facility, we will comply from whatever zoning
department and planning does require as we have done in other projects that we
have and we will be satisfying - we have tried to satisfy the requirements and
we will continue to do so and I will answer any questions this Commission may
so have.
Mr. Plummer: Is there anyone else that wishes to speak in favor of the
application? Yes, sir. For the record, state your name and mailing address,
please, sir.
Mr. Damianos Tsifopoulos: My name is Damianos Tsifopoulos, my address is 135
SW 8th Street, exactly east side of the property, Barnett's property. I think
your approval would be a blessing because this way you will eliminate the
dumping place and the throughway from 7th Street to 8th Street or 8th Street
to 7th Street. Of course, we've beautified the place, block, and it will look
nicer than what it looks now. Thank you.
Mr. Plummer: Thank you, sir. Do you have anyone else to put on in your
behalf at this point? Dr. Theede, I assume. Is there anyone else here
besides Dr. Theede that wishes to speak in opposition? Before Dr. Theede
comes to the microphone, of the Department we all received a letter this
morning which I can't find. In reference to veterinarian, Florida Veterinary
Medical Association, dated September 27th, signed by H. Larry Gore, did you
get such a copy?
Mr. Olmedillo: No, sir.
Mayor Suarez: The basis of this is that there is and could be created a
problem by the fumes of automobiles detrimental to the veterinarian clinic and
I think that you need for the record to speak to that one way or another. It
has been introduced into the record and I'.n sure that none of us are experts
on...
Mr. Olmedillo: I believe, Commissioner, that that is a health issue more than
a zoning or planning issue and I don't feel... at least we are...
Mr. Plummer: No, I think it is an environmental issue that it speaks to
ventilation. We speak to drainage and lighting and things of that nature.
Now, if you are not qualified, say so and you know, I'll have to accept that.
Mr. Olmedillo: I would state so on the record that I am not qualified to
address that particular issue.
Mr. Plummer: Bad Sergio, are you qualified to speak to it?
Mr. Rodriguez: I'm not an expert on animals and fumes, no, sir.
Mr. Plummer: OK, then for the record, Dr., I brought it up. Obviously we
don't have an expert.
Mr. Rodriguez: But I would like tc include that in the record, and I will
give it to the Clerk.
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Mr. Plummer: Introduce it in the record, of course. Dr. Theede. For the
record, doctor, your name and your mailing address.
Dr. Jane Theede: I'm Dr. Jane Theede, 150 SW 7th Street, Miami, Florida,
33130, president of All Night Animal Clinic, who is located on this property
also. Commissioner Dawkins and Commissioner Plummer, you normally see me when
I am full of vim, vigor and vitality and a lot of fire. I come to you humbly
today because I'm confused and I'm distressed. First of all, my uncle died
yesterday, it's making my mother very sick. I cannot get into Birmingham until
Saturday. My second confusion comes from the fact that within the past two
weeks my clinic has been broken into twice and broken out of once. I have
three reports here with me. Two weeks ago someone came in, they took money
out of the drawers and placed it on the cabinet tops and did not take it.
They took my small video, put it on the test door and did not take it. They
took my jewelry out, set it on a chair and did not take it. I have one video
camera in my apartment and one video camera in the clinic, those were both
taken and placed by the fence. I came in on the gentleman, if you can call
him that. Fortunately, I recognized what was going on and went into my
apartment and called the police and J.L., I want you to know we got super
service here. In four minutes time I had eight police cars surrounding my
clinic. Unfortunately, they were only about two and one/half second too late.
The following day the man came back, was attempting to come in and that time I
was in the clinic. When he saw me, he left. Friday afternoon I dead bolted
my clinic, left and came back, and this time only the video camera that
contained my presentation for the clinic is missing, nothing else. Now, as I
had a chance to think about it, I realize that when I came in from cutting
down the tree limbs, my front door was unlocked when I had thumb latched it.
When I went out to the back, what I'd used to keep the back door was also
broken, but I have eight cats, so I didn't think much about it, but I was in
that clinic with that man for about three hours when something kept insisting
that I leave and I got up and I left and when I came back this camera was
gone, so the presentation that I have for you is inadequate, it is amateurish,
it is not what I had planned for you. But step by step I'll try to do what I
have. The first thing I would like is for Pat Fletcher to answer a question
to me. Do you...
Mr. Plummer: Excuse me Doctor, any questions come through the Chair.
Dr. Theede: OK, then would you ask Barnett Bank's attorney what they intend
to do in the way of fencing or barriers around my property?
Mr. Plummer: Let me ask of the Department who imposed a rule that I read and
they can answer that question.
Mr. Olmedillo: There is a six foot wall on both sides of the property and you
see the property run from 7th to Sth Street and it's...
Mr. Plummer: Is that a solid wall?
Mr. Olmedillo: That is a solid masonry wall, yes, sir, six foot wall.
Mr. Dawkins: Six foot?
Ms. Fletcher: Eight inches wide.
Mr. Olmedillo: Six foot wall.
Mr. Plummer: OK, Doctor, does that answer your question?
Dr. Theede: Yes. I have been told by the attorney that they will work with
me. I have stated repeatedly that I did not want a solid wall on the
perimeter of my property because of pollution problems and because I didn't
feel like maintaining their fence. Yet, I have seen nothing here, any
evidence that they intend to do anything but put in a solid concrete wall.
Mr. Plummer: What would you prefer if it were to be a compromise?
Dr. Theede: I would prefer, I have here, if you wait just a second, I can
show what I would like.
Mr. Plummer: This board has the latitude of any kind of wall we so see fit.
Are you talking about a louvered wall?
120 September 28, 1989
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Dr. Theede: No, sir. The fence that is at Jose Marti Park pool.
Mr. Plummer: You are talking about a combination of concrete and wrought
iron?
Dr. Theede: No sir, just strictly a very open wrought iron fence, the same
that surrounds this pool. Gloria, in my presentation, I believe you have
it.., oh here it is.
Mr. Plummer: May I suggest, that what I understand you are talking about is
an area of possible compromise, then let's proceed because I've got the
feeling that this wall would be cheaper than the other one, the bank would
love to do it, but let's see if there are other areas of compromise in which
all parties can concur. If there is, then let's work on them individually.
Dr. Theede: Well, actually...
Mr. Plummer: Excuse me, wait a minute. My colleague Miller Dawkins.
Mr. Dawkins: Dr. Theede, if we have a solid wall and I'm assuming that we
were concerned about the fumes, then the fumes would go straight up and
perhaps be picked up. If we put this fence like you said, I mean, like we
have here, wouldn't the fumes come in between the fence and come over on your
property? I'm asking, I don't know.
Dr. Theede: OK, this was my first idea too, but in doing study on pollution
with that fence being open, it provides better ventilation. If you have a
solid wall there, then it accumulates and dumps over into my surgery room,
into my bedroom, into my air conditioning intake and into my ward room. With
this, if we've got a little bit of cross ventilation, it stands chance of not
being accumulated within my property and with my video, I'll show you this.
Mr. Plummer: What's the next item.
Dr. Theede: First, my real request is that you deny it. But what I am saying,
what I am presenting here is in case you don't deny, that I get some relief.
Can someone put this on for me, please? On the video you'll have a chance to
see this tree. I've talked with the person that was born on my property, he's
more than 70 years old. The green tree that is here has been verified by the
prior owner as being more than 110 years old. His father planted it. This
tree here that is on Barnett's property is much larger, therefore it's much
older. Again, I'm not an architect, so all I do is give an idea. With the
permission from the Commission and form the Planning Board, with very minor
alterations, we can save this tree if the Commission will waiver probably one
holding space, which I don't think will be that much difficulty and if the
Planning and Zoning Board will waiver a five foot landscaping at the area
where the traffic can come in and make it swing around to where they have
proposed to put the building. As you see... Thank you. The tree is basically
about on this dot right here, so you would have to sacrifice landscaping from
here to here and possibly from here to here. This is my building which is six
inches off of my property line and of course you don't need any type of fence
there so...
Mr. Plummer: Let's ask the Department to speak to it. What is your
recommendation as to her...
Mr. Olmedillo: The applicant submitted a site plan which had enough trees to
mitigate and offset whatever had happened to the environment because of that
particular tree. What the applicant did was replace it, as you can see on
both sides, with oak trees. The other trees, but in a number which is...
Mr. Plummer: Speak to the question. The question is your thoughts if what
Dr. Theede has recommended, is that all right? It's not all right?
Mr. Olmedillo: It is acceptable, but I believe the tree will suffer the
consequence of the traffic around it.
Mr, Plummer: All right. All right, let's go to the next item.
Dr. Theede: The tree doesn't have suffer, if properly prepared, and it will
provide proper traffic. Those are really my most major concerns, if they are
121 September 28, 1989
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permitted to put in. I've done a lot of reading, I've gotten a lot of
education in the last two months trying to save myself! This is from the
Florida Department of Environmental Regulation. "Dear Dr. Theede, I've
enclosed a copy of the technical memorandum, completed for the Department,
addressing excessive carbon monoxide concentrations within the street canyon
in downtown Miami. A street canyon is defined as An area bordered by tall
buildings on both sides of a roadway. These buildings can shield the normal
wind -flow patterns and create conditions for higher pollution concentrations
in the canyon area. This situation seems to have similar characteristics to
the building confiPuration with which you are concerned. The particular
street canyon described in the memorandum is no longer measuring
concentrations of carbon monoxide above the ambient air quality health base
standard. In fact, carbon monoxide levels throughout the state have been
decreasing in recent years. Emission controls required for new automobiles
are a primary reason for the improved air quality in this area. This
improvement continues to occur as newer cleaner cars replace older dirty ones.
Some emission factors appropriate for general analysis of the vehicular feet
are also enclosed for use. I hope this information will be of use to you.
Sincerely, Larry George, Chief, Bureau of Air Monitoring Assessments." This
is something that I'm sure the City already has, because it concerns Flagler
Street.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Dr. Theede: If you wish, I have no need for it. If I do, then I call them
back up and get another one. In trying to talk with people, with engineers,
there is something called a mobile four, which is a computer program which
takes, I think, 25 or 30 megabytes of a program, a base program for
information and then must use Data Base three, Lotus one, two, three and Word
Perfect to put the information in and get the information out. Figuring
concentrations, other than doing an actual study, is pretty much impossible;
however, this is again for the record, and I'll borrow it back if I need it,
concentrations that are allowed by the Federal government concerning
hydrocarbons, carbon monoxide, nitrous oxides, in various weight vehicles.
Then here is a chart showing what the average person has in the way of
exposure and it shows a peak of 90, which only 40 is considered to be
acceptable when he is in his car commuting to and from work. Carbon monoxide
is a cumulative chemical. It's not something that you breathe in and breathe
out and it is over with. The damage that it does accumulates, it goes back
down and builds back up. However, I think you will remember that there was an
officer that died of carbon monoxide poisoning because of a malfunctioning
vehicle. It was backed up against a wall and in talking with the engineer,
who I have told that I would not say his name to protect his job, he stated
that the condition that I will be under will be similar, because as these
walls are built, it forms a canyon, it funnels the air into the clinic and
although this study only addresses carbon monoxide, I use Fluorothene, which
is a methl... is a fluorinated hydrocarbon. When you take carbon monoxide,
any of the polyvinyl hydrocarbons that comes from an automobile emission and
you mix it with this particular anesthesia gas, you sensitize the heart and
you can have cardiac arrest very rapidly. If you take any of these emissions
with an animal that has been stressed by being hit by a car, because most of
these times, 80 to 90 percent of the lungs are malfunctional, you have an
animal that is potentially in continued crisis and my clinic will not provide
them any relief. Over a long term basis, your lead emissions cause
demyelinization of the nerves, helps you to be crazy. Your sulphur dioxides
causes chemical changes within the liver and within the kidneys and so...
Mr. Plummer: Doctor, let me stop you. I don't think any of us sitting up here
understand but a bottom line that says that in your estimation it's
detrimental. Now, other than that, mixing polycarbons with unsaturated
Mazola... I've got to be honest with you... Ms. Range and I went and we took
chemistry and anatomy, but I don't think we understand other than your trying
to make a very good point that it's detrimental, so let's don't go into deep
chemistry here...
Dr. Theede: All right, it is detrimental both temporarily and permanently.
It's a cumulative, multiplying effect.
Mr. Plummer; OK, accepted.
Dr. Theede: So one day of fresh air, does not eliminate the one day of
exposure. One day of fresh air lessens it, but it will continue, so not only
accumulates, it multiplies as it accumulates.
122 September 28, 1989
Mr. Plummer: And you are saying that if you wind up some day in the future
crazy, it's because of this facility.
Dr. Theede: Well, I am already a little bit crazy, anyway we'll let that a
side. All right now, what else do I have here? Would you like the case
reports on these break-ins, or do you accept them from my word?
Mr. Plummer: You can submit into the record whatever you wish.
Dr. Theede: These case reports will have to changed, because I have since
found more descriptions, but this from the police.
Mr. Plummer: Is this the break-ins?
Dr. Theede: This is one of them. They faxed me the last one, the one that
we're going to have to make some changes on. You have to make some changes on
them. I'll get them together and present them in a minute. I've also
misplaced my little reminder of what I'm supposed to bring up. I found itl
Mr. Plummer: This report is totally incorrect. I don't know if you told the
policeman that. You are not located at 150 NW 7th Street, I think you are at
southwest.
Dr. Theede: Yes, I am.
Mr. Plummer: No, but for the record that is very important, you should
correct that.
Dr. Theede: Yes, sir, OK. Well, that report has to be changed and the more
recent report has to be changed because I found some discrepancies in it, so
when we get the new report I'll submit it to the City. Very fortunately, I
got an advertisement from a realtor, he encouraged me to buy... but this
provides me, Commissioner, with a nice overview, one that I had intended to
show and am not able to show you and to give you an idea of what the property
looks like, this block looks like from the air to let you see that these trees
have been here as long as Miami and I am very much concerned about our
environment. When I ran for Mayor in 1981, one of the things, my major
platform was environmental preservation and being able to smell the roses
within the City of Miami. Now, if you will permit me, I will go through my
video display as...
Mr. Plummer: About how long is it, Doctor?
Dr. Theede: I'll keep it as short as I can, about five to ten minutes at
most.
Mr. Plummer: Does that wrap up your presentation, five minutes?
Dr. Theede: I think so.
Mr. Plummer: Somebody, turn out on the lights. Doctor, if you could, why
don't you back that up a little bit more, so that other people have the
opportunity.
Mr. Dawkins: And turn it at an angle so we can go over there and the people
out there can see it, Dr. Theede.
Mr. Plummer: That's fine.
Dr. Theede: It's been about five or six years since I've been with this
particular model. This is one that the thief didn't get, so it is a little
antiquated and...
Mr. Plummer: It's on and it's running.
Dr. Theede: OK, I'll stop it right here. This is Barnett Bank's Bayfront
walk and this the sidewalk besides the building. I'll put it on pause. This
is more for Commissioner Range because Commissioner Dawkins and Commissioner
Plummer are familiar with this. Barnett Bank received their certificate of
occupancy at 701 Brickell Avenue in either October or November of 1987. In
January of 189, this year they still have not completed that river walk and
123 September 28, 1989
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through my discussion with Mr. Genuardi, it was done, but they had been in
residence for more than a year without the river walk being touched. In fact,
Christmas it was a total disaster. I don't have a picture of the way it
looked at that time, this is only the day before yesterday. What I can't do
is to show you, but there is an area in which Barnett Bank could have put in a
drive-in facility at that building at 701 Brickell. The zoning permitted it,
they have the room to put it in and they chose not to put in a drive-in
facility. I would also like to show to you, this is a vacant lot on Miami
Avenue and SW 8th Street. There was originally a service station there. In
1987 and 1988, that was zoned for a banking facility, either as a total
facility or as a drive -through facility. Barnett Bank had available to them
property to build a drive-in facility. We'll back up more to the front and I
will tell you a history. The property that is adjacent to me, at the time
Barnett Bank made their application and received OK from Joseph Genuardi, was
not zoned for banking of any type or for drive-in facility of any type. Mr.
Genuardi gave them the OK, I called it to his attention. Barnett Bank
withdrew their application, the City of Miami decided to make a major zoning
change to cover themselves and as a result, 70 to 80 percent of the property,
commercial property in the City of Miami has been rezoned to accommodate this
one small facility for Barnett Bank. So, my anger comes partly from the
frustration of fighting City Hall, but also from the knowledge that medically
my life is in danger, that my patients lives are in danger and that there are
going to be damages done physically to my property, SW 2nd Avenue bridge is to
be removed and one similar to the Miami Avenue bridge will be placed in its
place. Miami Shipyards has placed an opening for the trucks to exist that
will be directly across from the entry of Barnett Bank. On this video tape I
have pictures of the trucks coming out. On my old tape, I was stationed so
that they couldn't see me and as they came out, they came out in a normal
fashion and they came over the curb. On these few trucks I was standing where
they could see me and they very carefully entered the street properly, but we
are going to have these trucks coming in from the shipyard and this is now a
permanent exit for the shipyard. When the 2nd Avenue bridge is closed, then
instead of the trucks coming in on 2nd Avenue, they'll come in on 1st Avenue,
but all trucks, all vehicles will exit through this exit from 8:00 in the
morning until 4:00 in the afternoon. This is the area that I am talking
about, this is just a view from an apartment that I went up the steps on.
Mr. Plummer: Doctor, I'm asking you to please try to wrap it up. We've got
budget hearings coming up.
Dr. Theede: I would have liked for her to have seen the tree. It is a very
beautiful live oak tree. The circumference of the limbs, I'm sorry, the
diameter from one side of the tree to the other is approximately 75 feet. I'm
concerned with the fact that if I lose an animal that I've operated on because
of emissions I stand to go before the board of Veterinary Medicine and lose my
license and although I'm 60 years old, I've worked very hard for that license
and I don't want to lose it because of what I'm faced with the emission from
the automobiles. Thank you.
Mr. Plummer: Thank you Doctor. Is anyone else that wishes to speak in
opposition to the application? We'll allow you now a few moments of rebuttal
and I would ask you to speak to the two areas of the request of Dr. Theede,
one referring to the fence, and for the record, Doctor...
Dr. Theede: Yes, sir.
Mr. Plummer: Since there are three different fences here, would you outline
which one you feel is the best?
Dr. Theede: This one here by the pool. It says...
Mr. Plummer: Iron fence with...
Dr. Theede: With ventilation.
Mr. Plummer: ... ventilation. It's really just a wrought iron fence. You've
seen that? OK. This is the top one there.
Dr. Teede: Top right, it is the one...
Mr. Plummer: I'd ask you in your rebuttal to keep it brief and speak to the
two issues, one the fence, and the second the tree and then any other short
rebuttal you have.
124 September 28, 1989
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Ms. Fletcher: OK, with respect to the fence, Barnett has no problem
installing the iron fence with vegetation that's shown here, but I want to
clarify and I want to show on the record that the portion of the property that
Allen Stahl is pointing out already has a CBS wall. That is a CBS wall,
that's a CBS wall located on the Southeast Bank drive -through facility that's
adjacent to ours. Dr. Theede's property is right here. Is what she is asking
for is for the fence to along this border right here?
Dr. Theede: Yes, Ma'am.
Mr. Plummer: I think...
Ms. Fletcher: There's no problem with that.
Mr. Plummer: What about the fence on what I would call the east side? Is it
the east side? What's the bottom, the east?
Dr. Theede: Yes, sir.
Mr. Plummer: What about the fence there?
Ms. Fletcher: We have a CBS wall there. My understanding is that we are
willing to be flexible on this, if this is something that she wants, but the
adjacent property owners have not complained about the CBS walls and our in-
house people say that that's actually going to reduce noise to adjacent
property owners.
Mr. Plummer: All right, the tree... I'm sorry, Commissioner Range.
Mrs. Range: Which wall abuts Dr. Theede's property, the east or the west?
Mr. Plummer: The west.
Ms. Fletcher: Right here, and we'll put on the west, on the portion of the
west wall, where we are able to put in the iron fence with vegetation, we're
agreeing to do that now.
Mrs. Range: You say that portion which you are able to put in?
Ms. Fletcher: Southeast Bank already has a CBS wall right along that portion
of the boundary, it is already there on their property, nothing can be done
about that.
Mrs. Range: I see, does that do any damage to your property, that wall which
is present, for you there?
Dr. Theede: No, it doesn't but if they put in a solid wall along the east
this will deflect and concentrate emissions.
Mrs. Range: I think we are not... I think we have dismissed the solid wall
for all intents and purposes.
Dr. Theede: No, the solid wall belongs to Southeast Bank and it doesn't, I
don't think it... I don't know, but I don't believe it's going to create any
problems, it may. We'll know later.
Mrs. Range: All right, what I am saying is, from all indications, the
applicant is willing to put the iron fence in so that we need not continue to
discuss the solid wall. That's what I am trying to get clear.
Ms. Fletcher: Except my understanding is that the CBS wall would stay on the
other side of the property.
Mrs. Range: That does not abut her property.
Mr. Plummer; That's correct.
Mrs. Range: I asked you did that abut her property?
Ms. Fletcher: No, her property is not on this side.
125 September 28, 1989
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Mrs. Range: All right. All right, so all you are really interested in is
that portion which you are willing to put an iron fence.
Ms. Fletcher: Yes.
Dr. Theede: Commissioner Range...
Mrs. Range: Yes, Dr. Theede.
Mr. Plummer: Excuse me, Doctor, not now. They are on their time, let's get
finished with them. Maybe there might be chance of rebuttal, but...
Dr. Theede: No, this concerns the fence. If there is a solid wall fence put
on the east side, this will still create a concentration of emissions. This
is why I'm requesting an open fence.
Mr. Plummer: Speak to the tree.
Ms. Fletcher: OK, on the tree, we are unable to design the drive -through
lanes to leave that tree in place and there are three important reasons why.
The first item is a security item and that is the view of law enforcement
officials. Down the drive -through lanes, we were told and our in-house people
tell us that that tree would cause a security problem. Second, its safety
with branches and other debris falling from the tree onto the drive -through.
The third item is that although we support preservation of trees. We have to
remove this tree because it cannot survive, it is our experts opinions that it
cannot survive the pavement even if the other issues weren't present. We've
agreed to put in 31 large trees and five small trees and we are guaranteeing
at least three of those trees will be large oaks and although the zoning code
only requires six trees, we are putting in 38 trees, plus shrubs, plus grass
and other landscaping.
Mr. Plummer: What about an automatic sprinkler system?
Ms. Fletcher: It's going to be beautiful.
Mr. Plummer: Do you have anything else that you wish briefly to rebut?
Ms. Fletcher: DOT has approved all the curb cuts for this project and as Dr.
Theede mentioned the curb cut problem, all of those have been approved.
Mr. Plummer: She was mentioning it across the street and why should you bring
it up if she didn't? Anything else you wish to bring out? Doctor, it's not
unusual, but I am give you the opportunity, is there anything else that you
wish to say?
Dr. Theede: Concerning the tree, I agree that with concrete or with blacktop,
the tree would have difficulty in surviving, but we have grade systems
throughout the City of Miami and other cities in which a special grading, that
is amenable to automobile traffic, it can survive with no problem.
Mr. Plummer: OK, you have no rebuttal to that.
Mrs. Range: What is that that can't survive?
Mr. Plummer: That's the tree.
Mrs. Range: The tree?
Mr. Plummer: Yes. OK, that's it? Nobody else wants to testify, I'll close
the public hearing and ask for discussion among the Commissioners.
Mrs. Range: I would... I'm still concerned as to whether the iron grade fence
that would be put there would not afford any more fumes or emissions going
into your property then you have now? Is that correct?
Dr. Theede: All right, Commissioner Range, will you permit you to explain to
you this in a non -technical term. Automobile emissions are disbursed with a
good breeze. Your biggest problem is when you've got stillness. However,
when you create a canyon effect which will be the case with the solid wail,
then these fumes even with a good breeze will be channeled into the back of my
property, but if have an open fence from the east, this allows the wind to
126 September 28, 1989
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stir and to mix and disburse and this is my concern, is trying to keep the
ambient air or the air that's within the clinic, coming in the clinic with as
low pollution as possible. Even with them building, if they build, if you
permit them to build, I will have to change my surgery schedule from in the
morning to night when there is not any traffic emissions.
Mr. Plummer: Further questions?
Mrs. Range: Yes, I have another question. Sometimes when circumstances are
not favorable, we resort to exhaust fans. Now, I have no idea whether exhaust
fans of a type...
Mr. Plummer: Outdoors?
Mrs. Range: Yes, wherever...
Ms. Fletcher: They are not appropriate in type of situation.
Mr. Plummer: Well, wait a minute, let's ask the Administration. I've never
heard of an exhaust fan for outside
Dr. Theede: At Miami International Airport, yes, but not under the situation,
it wouldn't be practical.
Mr. Dawkins: I think we are using the wrong terminology. I don't think, and
if I am in error, she will correct me. I don't think Mrs. Range means an
exhaust fan. She means a fan to circulate air, you can call it anything you
want, as long as it keeps the air moving.
Mrs. Range: Whatever, I'm just... I can only speak from my personal
experience. I know in my... in a portion of my building, I have to use
exhaust fans, but what I want to know from whichever department can answer the
question, is there any type of circulation that can prevent these fumes from
going into the back of the clinic, that's all I am trying to find out.
Mr. Olmedillo: A large fan will help to move the air, however then you've got
the noise problem, which is going to be created by that fan, so I think you
have to weigh goods and bads and see which is the best.
Dr. Theede: Something else I forgot to address, Commissioner Range. If we put
in vegetation there, this also has a tendency to absorb and to stop the
pollutants and one thing I didn't bring up before, because I'm still a little
confused, I would like around my property, if at all possible, bougainvillea,
because it's thorny and people don't come through bougainvillea too easily.
Mr. Plummer: You are talking about on your side of the fence.
Dr. Theede: Either side, it won't grow on my side, because it's too shady.
Mr. Plummer: OK, wait a minute, excuse me.
Mrs. Range: You are saying sufficient greenage, or sufficient plantings there
will help your situation?
Dr. Theede: Yes, Ma'am, a very heavy bushy shrub that provides a lot of
leaves will permit circulation, but will act as a partial filter.
Mrs. Range: It will catch a part of the fumes that's bothering you.
Dr. Theede: Yes, Ma'am.
Mrs. Range: Would you be willing, under that circumstance, to place the iron
fence, plus what I might call at this point an unlimited amount of foliage
that would relieve some of the fumes that would be going through?
Ms. Fletcher: We've agreed to landscape that with a heavy hedge, not with
bougainvillea, but we will put a hedge there.
Mrs. Range: What is the difference between a bougainvillea and what you want?
Why not the bougainvillea?
127 September 28, 1989
Ms. Fletcher: Because it has thorns on it, it is not something that the bank
would be willing to put in.
Mrs. Range: Do you have people walking around there, or driving in cars?
Mr. Arbolella: Bougainvillea is not a desired plant to put in there because
of the danger that it has. I just wanted to add into the record, yes, we'll
put the iron fence, we have no problem with the iron fence, however, I do want
to get into the record that I don't believe the fumes are that situation, but
she is... the lady next door is going to be hurt a lot more by an iron fence
than by a solid block fence, but I would put whatever it is necessary for me
to put and we have enough plants already to put the bushes and whatever the
Planning and Zoning Department requires.
Mr. Plummer: Any further discussion? Commissioner Dawkins? I'm closing the
public hearing. What is the pleasure of the Commission?
Mrs, Range: Just before we close it, Dr. Theede...
Mr. Plummer: Mrs. Range.
Mrs. Range: Does that satisfy you to the extent that the fence, the iron
fence and a large portion of foliage be placed there? You heard the objection
to the bougainvillea.
Dr. Theede: Yes, I heard the objection to the bougainvillea, but that was the
very reason why I wanted it because of the break-ins that I've had and just
against my property, not against the other. What they do the other, I don't
care, because no one has a right to be walking in that area, but you know, if
we are going to get down to an argument, then I will back away, because my
main concern is stopping this drive -through facility to start off with and I
am only coming to these agreements because I feel that I am going to lose. My
real actual desire is to stop it, period! - but if I am going to lose, then I
will bargain for what I can get and be thankful for it.
Mr. Plummer: Further discussion? Now I'll close the public hearing. What is
the pleasure of the Commission? Hello? Everybody wants to go to heaven, but
nobody wants to die.
Mr. Dawkins: We have been at this a number of times, and as Dr. Theede says,
she has fought a great battle and she has finally conceded that it's almost
impossible to win, therefore she wants concessions that will make it palatable
for her to live with and those conditions are, even though she is against it,
is a wrought iron fence, is that correct?... bougainvillea bushes, is that
correct?
Dr. Theede: (OFF MIKE) On my property only.
Mr. Dawkins: Adjacent to your property only and what was the other one?
Dr. Theede: (INAUDIBLE, OFF MIKE)
Mr. Dawkins: And foliage. Now, the bank has been here as often as Dr. Theede
and they too have reached the agreement, I think, that hey, look, let's get
this over with once and for all, so would the bank be willing to meet those
requests of Dr. Theede?
Mr. Fletcher: If the bank is saying that you are going to insist on
bougainvillea, we were willing to put in a heavy hedge, and we had already
worked out a hedge with the Planning Department, but if bougainvillea is it,
we prefer to plant it on Dr. Theede's side, but we, you know, it's up to her.
Mrs. Range: Are you saying the bougainvillea on Dr. Theede's side?
Ms. Fletcher: Right.
Mrs. Ranges Are the persons who will be walking there, your customers?
Mr. Arbolella: It is full of thorns. All we are trying to do is...
Mr. Plummer: Can I tell the bank something?
128 September 28, 1989
1-3
Mrs. Range: But she has a circumstance...
Mr. Plummer: You are going to put that bougainvillea in, agree to it.
Mrs. Range: Yes, because she...
Mr. Plummer: You better agree to it, there are only three votes here and I'm
telling you, you are going to put it in.
Mr. Arbolella: We are putting it in, OR, right.
Mr. Plummer: That's fine.
Mrs. Range: And I think we do have to consider the fact that she has been
broken in, this one of her ways of feeling a little more safe. You know we
all think in different tones, but she feels that it is a protection of sorts
and if this is one of the recommendations, then I certainly think it ought to
be honored.
Mr. Plummer: Fine,
Mr. Dawkins: OR, all right now...
Mr. Plummer: Commissioner Dawkins.
Mr. Dawkins: So the bougainvillea will be put in and on the bank's side it
will be cut and maintained on the bank's side. On Dr. Theede's side, it will
be cut and maintained on Dr. Theede's side. Is that correct? Beg pardon?
Dr. Theede: I'll be more than happy, because it won't grow on my side, there
is too much shade.
Mr. Dawkins: OR, is that agreeable?
Ms. Fletcher: Fine, fine.
Mr. Dawkins: All right, so what do I do now, J.L., move it?
Mr. Plummer: Is that your motion?
Mr. Dawkins: Yes.
Mr. Plummer: Is there a second.
Mrs. Range: Only three of us here, yes, I'll second.
Mr. Plummer: Does the Clerk, I doubt, understand the motion?
Ms. Hirai: I think so.
Mr. Plummer: For God sakes, rush the roll. Call the roll.
129 September 28, 1989
t
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 89-862
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING
BOARD AND GRANTING THE SPECIAL EXCEPTION AS LISTED IN
ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, SCHEDULE OF DISTRICT REGULATIONS,
CR-3 COMMERCIAL RESIDENTIAL (GENERAL) AND CR-1
COMMERCIAL RESIDENTIAL (NEIGHBORHOOD), PAGE 4 OF 6,
PRINCIPAL USES AND STRUCTURES, TO PERMIT A DRIVE-IN
FACILITY FOR THE PROPERTY LOCATED AT 144 SOUTHWEST 7TH
STREET, 145 SOUTHWEST 8TH STREET AND 153 SOUTHWEST 8TH
STREET, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED
HEREIN), AS PER PLANS ON FILE, FOR THE BARNETT BANK
BUILDING LOCATED AT 800 BRICKELL AVENUE, AND SUBJECT
TO A SIX FOOT (6') HIGH MASONRY WALL STUCCOED AND
PAINTED ON BOTH SIDES ALONG THE EASTERLY PROPERTY LINE
OF LOTS 6 AND 15, AND ALONG THE WESTERLY AND NORTHERLY
PROPERTY LINES OF LOT 14; AN OPEN WROUGHT -IRON FENCE
ALONG THE WESTERLY PROPERTY LINE OF LOT 6, WITH
BOUGANV I LLEA/ HEAVY LANDSCAPING ON A FIVE FOOT (51)
BUFFER AREA ALONG THE SAID WESTERLY PROPERTY LINE OF
LOT 6, TO BE MAINTAINED BY BARNETT BANK ON ITS SIDE,
AND BY DR. TEEDE ON HER SIDE; LANDSCAPE AND SITE PLANS
TO BE APPROVED BY THE PLANNING DEPARTMENT AFTER ITS
REVIEW OF SAID PLANS WITH DR. TEEDE; ZONED CR-3/7
COMMERCIAL RESIDENTIAL (GENERAL) ON LOTS 14 AND 15 AND
ZONED CG-2/7 GENERAL COMMERCIAL ON LOT 6, AND 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 Range, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
NOES: None.
ABSENT: None.
ABSTAINED: Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
Mr. Plummer: Go away and sin no more. Mr. Arbolella, let me tell you
something, I think it behooves you, knowing the spirit in which you personally
and your bank operate, I think Dr. Theede has made some very great concessions
here today and I would sure like to have a phone call in a couple of months
from Dr. Theede saying, Mr. Arbolella was a gentlemen and so was the bank and
they did the best they could. I'd like to hear that, I know you'll try.
Mr. Arbolella: Mr. Plummer, I not only will try, I think the history of
Carlos Arbolella since he arrived in this country 30 years ago has been
exactly that of a gentlemen and a community minded citizen and Barnett Bank is
also as well, who will continue to do so.
Mr. Plummer: Thank you, sir.
Mr. Dawkins: See, but I may feel that way, Dr. Theede may not feel that way.
Mr. Arbolella: Thank you very much.
Mr. Dawkins: OK.
Mr. Plummer: Thank you, Doctor.
130 September 28, 1989
Mr. Dawkins: Thank you,, Dr. Theede and come again now, don't let this be the
i
last time.
-j--------------- ---------------------------------------------------------------
33. UPHOLD APPEAL BY COCONUT GROVE CIVIC CLUB - Reverse Zoning Board's
approval of Special Exception to allow addition to existing unit at
3069-71 Day Avenue (Applicant: Stanley Walker).
i
---------------- -------------------------------------------------------------
Mr. Plummer: PZ-7, I'll call it for the purposes, until the Mayor gets here.
Mr. Olmedillo: They are companion items, it's an appeal and a special
exception on a variance. Usually the appellant...
Mr. Plummer: This is 3069-71 Day Avenue. It is an appeal by...
Mr. Olmedillo: Objector is filed by Tucker Gibbs.
Mr. Plummer: By Tucker Gibbs.
Mr. Dawkins: Tucker Gibbs, who is he?
Mr. Plummer: That means that the applicant of the appeal goes first, is that
correct?
Mr. Olmedillo: The appellant will go first.
Mr. Plummer: Is Tucker Gibbs present?
Mr. Olmedillo: I believe he is being represented by Jim McMaster.
Mr. Plummer: I think under State statutes, he cannot represent him. Mr. City
Attorney, can he represent the applicant? He's not an attorney. Excuse me.
Mr. Fernandez: This was the Grove Civic Club...
Mr. Plummer: The question is, can this gentleman represent Mr. Tucker Gibbs,
who is the applicant and this gentleman is not an attorney.
Mr. Fernandez: If this gentleman is also a member of the Coconut Grove Civic
Club that has also...
Mr. Plummer: Is it filed as Coconut Grove Civic Club or as Tucker Gibbs?
Mr. Jim McMaster: The Civic Club.
Mr. Dawkins: Coconut Grove Civic Club.
Mr. Plummer: All I am asking is for legal purposes. There is a State statute
that says that someone that is not an attorney cannot represent someone before
this board.
Mr. Olmedillo: On page three of the packet you will fund that Tucker Gibbs
signed for the Coconut Grove Civic Club.
Mr. Plummer: So the applicant is not Tucker Gibbs.
Mr. Fernandez: No.
Mr. Plummer: It is the Coconut Grove Civic Club.
Mr. Fernandez: Correct.
Mr. Plummer: Fine, and you are stating for the record that this gentleman can
legally represent that entity.
Mr. Fernandez: Yes, if he is also a member of it.
Mr. Plummer: Are you also a member of it?
131 September 28, 1989
Mr. McMaster: Yes, sir.
Mr. Plummer: For the record, your name and mailing address and proceed.
Excuse me, is the opposition here? Excuse me, the opposition, what are they?
Mr. Olmedillo: The applicant.
Mr. Plummer: The ap... no.
Mr. Rodriguez: The applicant is the appellant.
Mr. McMaster: Appellee.
Mr. Plummer: The appellee? The appellees are present?
Mr. McMaster: I think we need to be sworn in too.
Mr. Plummer: That is correct. All persons who wish to testify on items seven
and eight, please stand and be sworn in. If you are sworn in now, you cannot
_i testify. Madam Clerk.
(AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.)
Mr. McMaster: My name is Jim McMaster, 2940 SW 30th Court. The Civic Club is
mostly concerned with the setback variances that have been requested on this
property. There are eight units on this property today, four conforming and
four nonconforming. The survey I gave you shows the units, the yellow is
where all the units are too close to the property line, so as you can see,
there are four structures, four houses too close to the property line, plus a
laundry room that is also too close and we think that with the existing
1
condition of four legal nonconforming units already on the site and four of
j these too close to the property line, that a special exception to increase the
:j nonconformity should not be granted. What the gentleman is proposing to do is
on unit A, is to put an addition onto the side of it right up against the
property line and that's why the variances, to put this addition right at the
property line and not set it back five feet. The other request is the back
-� right hand corner, there is a little utility shed that was built illegally
that is being used as a laundry room which is also too close to the property
line and we do not think that that should be legalized. This property has 13
bedrooms in these units and no on -site parking spaces. Public Works is
requiring the...
Mr. Plummer: How many bedrooms?
Mr. McMaster: Thirteen.
Mr. Plummer: And how many units in there?
Mr. McMaster: Four legal and four nonconforming legal.
Mr. Plummer: In the A building?
Mr. McMaster: Oh, no, this is all the buildings together.
Mr. Plummer: Oh, OK, all right.
Mr. McMaster: It's 250 by 145 foot lots and...
Mr. Plummer: We're on 7 and 8. Excuse me, Xavier, these are people who are
appealing. They are not the applicant. Go ahead, I'm sorry, I was just
bringing him up to speed.
Mr. McMaster: You know it is our feeling that 9500 is intended to abolish the
growth of nonconforming uses in structures and that with no on -site parking,
13 bedrooms, that in order, if you increase this nonconformity it will be even
less parking. Public Works is requiring that they install the sidewalk along
the street which will then stop them from parking perpendicular the way they
have been thus far. I'd just like to say that I don't think they should be
allowed to increase this nonconformity and they should not be allowed to build
with zero lot lines, which is what they are requesting. Thank you,
132 Septombor 28, 1989
Mayor Suarez: Have we heard from the applicant?
Mr. Plummer: No, the...
Mr. McMaster: I'm the appellee, I guess, or whatever I am.
Mayor Suarez: But we heard from the owner?
Ms. Johnie White: No. My name is Johnie White, 444 SW 26th Road and I'm
representing Stanley Walker, the owner.
Mayor Suarez: You've been sworn in and have otherwise filed a registration
form?
Ms. White: Well, I have a power of attorney from Mr. Walker, which your Legal
Department has.
Mayor Suarez: Are you doing it for compensation? Are you representing for
compensation?
Ms. White: No.
Mayor Suarez: OK, I think we do have to swear her in though.
Mr. Plummer: She was.
Mayor Suarez: Beautiful.
Ms. White: Yes, OK, is this all right? I'd like to say that the zero lot
line which bothers Mr. McMaster has been in existence since approximately
1913, so the present owner has not had a great deal of control over that. The
particular unit which has started this whole furor is actually a case where
the owner is trying to improve the property. That particular unit not only
was a zero lot line but actually encroached onto the adjacent property, so the
present owner proposes to redress that and take away the encroachment in
effect and it certainly will still be zero, but it will be less zero than
previously. The laundry room which also has been in existence for I don't
know how long, to redress the setback there would involve tearing it down.
These are eight legal units and have been for a long time and what the present
owner is doing as I said is really trying to improve them. It's a special
property, it's four or five old buildings on this very special lot with oak
trees and a pond and so forth and all the man is trying to do is increase the
density of one unit by I think about 50 feet and take away an encroachment on
the adjoining property and you know, I can't see what the big objection is,
frankly. By the way, they are not requiring the sidewalks, he's gotten an
exception.
Mr. McMaster: Yes, they are.
Ms. White: Well, he has a document which says not, so I don't know who is
right.
Mayor Suarez: I'm all confused abut the sidewalks. Now, what's the story,
Sergio? Guillermo?
Mr. Olmedillo: There is a new building permit. Public Works requires the
sidewalks to be put in, so this will be the case in this particular item.
Mayor Suarez: Is your client, for lack of a better word, aware of that?
Ms. White: Well, you know, he's been going around and around with this for
about a year. He lives in New York, so I am just kind of a second hand
representative here, but as I understand it, when he went to the City with
this particular problem, they said that he could, I don't know, a variance, or
whatever it is called. If a sidewalk went in there then as Mr. McMaster
points out, there would be no parking for the property at all. There's a ten
foot wooden fence there and from there to the street is approximately eight
feet, which is kept landscaped and graveled and so forth and that's the way
the owner bought the property and so as I say, it's stretching a point to call
it new construction when really it just remodeling one unit and improving the
whole thing, I don't understand what the objection is.
W 4)
Mayor Suarez: Planning recommends against, right? Have you put that in the
record and the reasons why?
Mr. Olmedillo: Yes, for the record, Planing Department recommends against
both the special exception and the variance based on the fact that there is no
hardship.
Mayor Suarez: Anything further from the applicant, or the appellant?
Mr. McMaster: I'd just like to point out again that on the survey I gave you,
all the yellow sides of all those houses and the utility room are all too
close to the side property lines and the proposed addition on building A, the
new addition will also be right on top of the property line. If I could make
a suggestion, I don't think that the Civic Club would be opposed to Mr. Walker
being given the 14 percent special exception to increase the nonconformity as
long as his setbacks were five feet away from the side property line and
conform to this...
Mayor Suarez: Which would require a lot of demolition, no?
Mr. McMaster: No, what he is proposing on building A is to, on the top side
just come out from the entire side of the building and extend out.
Mayor Suarez: I see what you are saying, that he could build on a
nonconforming use but on the top side only up to the five feet...
Mr. McMaster: Within five feet of the property line, which is what everyone
else has to. And he also brought up the fact that he would put in an eight
foot high masonry wall down that entire side, but that was not covenanted in
at the Zoning Board hearing, so...
Ms. White: Well I don't know, as to that, there again, I consider that a
great improvement. There is a chain link fence there now. I would think the
adjacent property owners would welcome an eight foot concrete masonry wall
there. It would only affect I think, two property owners, but I don't see why
they would object. But, if I could go back just briefly to the setback
problem, it's not true that setting it back according... only five feet. He
would have to tear the house down!
Mr. McMaster: Oh no, I'm saying he can keep the existing...
Mayor Suarez: The additional levels, the additional stories that you would
build here would be the ones that would have to stay five feet back, so you'd
have some kind of a ledge of some sort.
Ms. White: But there is no additional buildings being asked for.
Mr. McMaster: Well, o'A `:uilding A on the Commission's plan that I put out
there, on building A, he's putting an addition out on the entire side, that's
the increase that they are asking for, the 14 percent. Now, what I suggested
to Mr. Walker back last April when this came to the Zoning Board was if he was
willing to knock down the utility shed and then bring his addition in five
feet, that I saw nothing wrong with him getting the 14 percent increase as
long as it was kept within the existing zoning setbacks, which are five feet.
Mayor Suarez: While he is doing the rebuilding, to tear down the part that is
nonconforming, is what he is suggesting.
Ms. White: No, I'm still confused. To use the dwelling unit if we can leave
the utility shed aside for the moment, is on the zero lot line. It is a very
small building.
Mr. McMaster: What I am suggesting is, that he takes off the one foot that's
encroaching on the neighbor the way he has planned.
Ms. White: Well, he's going to do that.
Mr. McMaster: And then leave that building as is and instead of adding on his
addition down the entire side, starting right at the property line and going
into his property, he start his new addition five feet in from the property
line, which is what the zoning ordinance calls for for any new structure.
04 September 28, 1989
Ms. White: Well, you know, as I say, I haven't been involved in this from the
beginning, but I do know that Mr. Walker has hired an architect, he's formed
plans and he's been to the various City people and I think to change now
certainly would be a hardship, I mean, he would have to start all over again.
Mr. De Yurre: Excuse me...
Mayor Suarez: OK, yes, we're going back and forth here. We've given you an
opportunity to make your presentation and him to answer and vice -versa.
Commissioner.
Mr. De Yurre: I'd like to know if we have here the affected adjacent owners?
Are they present here?
Mr. McMaster: Pardon me? I'm sorry I didn't catch it.
Mr. De Yurre: The affected adjacent owners.
Mr. McMaster: The adjacent neighbor is opposed to it, but he is not here.
Mr. De Yurre: So obviously he is not that interested, or at least he
doesn't... he's not concerned about what is happening.
Mr. McMaster: The adjacent neighbor owns those properties, but lives over on
Oak Avenue.
Mr. De Yurre: OK, well, I'm going to make a motion and I'm going to move to
deny the appeal.
Mayor Suarez: OK, to deny the appeal?
Mr. De Yurre: That's right.
Mayor Suarez: So moved. Do we have a second on the motion to deny appeal and
that would allow both the special exception and the variance, is that what you
are proposing?
Mr. De Yurre: That's right.
Mayor Suarez: Or is that a separate item?
Mr. De Yurre: No, that's separate.
Mr. Fernandez: That's a separate item.
Mayor Suarez: That's PZ-8, the special exception?
Mr. Fernandez: You have to take one at a time, seven first, the special
variance.
Mayor Suarez: That would allow what she's trying to build there.
Mr. Fernandez: Special exception.
Mrs. Range: To deny the appeal?
Ms. White: We should have done these together.
Mayor Suarez: Right. We have a motion going twice. Do we have a second? Do
have a second? OK, I'll entertain any other motion that anybody wants to come
up with. Motion to uphold the appeal. I'll move to uphold the appeal.
Mr. De Yurre: Do we have a second?
Mrs. Range: I'll second that.
Mr. De Yurre: OK, any further discussion? Call the roll.
135 September 28, 1989
The following resolution was introduced by Mayor Suarez, who moves' its
adoption:
RESOLUTION NO. 89-863
A RESOLUTION REVERSING THE DECISION OF THE ZONING
BOARD AND DENYING A SPECIAL EXCEPTION FROM ORDINANCE
9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, TO ALLOW THE 14X ADDITION TO THE EXISTING FLOOR
AREA OF ONE OF THE EXISTING EIGHT (8) DWELLING UNITS
ON THE SITE, AS PER PLANS ON FILE, COMPRISING AN
ADDITION TO ONE EXISTING UNIT AND A LAUNDRY STRUCTURE
FOR THE PROPERTY LOCATED AT 3069-71 DAY AVENUE, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); ZONED
RG-1/3 GENERAL RESIDENTIAL (ONE- AND TWO-FAMILY), SAID
SPECIAL EXCEPTION BEING FILED IN CONJUNCTION WITH A
VARIANCE REQUEST ON SIDE AND REAR YARD AND ACCESSORY
BUILDING SPACING REQUIREMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Range, the resolution was passed and
adopted by the following vote:
AYES: Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Vice Mayor Victor De Yurre
ABSENT: Commissioner J. L. Plummer, Jr.
------------------------------------------------------------------------------
34. UPHOLD APPEAL BY COCONUT GROVE CIVIC CLUB - Reverse Zoning Board's
appeal of Variance to allow additions to existing units at 3069-71 Day
Avenue (Applicant: Stanley Walker).
------------------------------------------------------------------------------
Mayor Suarez: PZ-8 is a companion item. Are there any different arguments
as to this, the variance?
Mr. Jim McMaster: Jim McMaster, 2940 SW 30th Court. No, I'd use the same
arguments as with PZ-7, thank you.
Mayor Suarez: Is there any possible compromise as to this item that you might
want to suggest and that she conceivably might accept?
Mr. McMaster: No, I was willing to compromise on PZ-7, which was allowing
them the increase, but as I said before, not the...
Mayor Suarez: Not on the setback variance.
Mr. McMaster:... setback variance.
Mayor Suarez: I move to uphold the appeal.
Mrs. Range: I'll second.
Mr. De Yurre: There is a first and a second.
the roll please.
Any further discussion? Call
136
September 28, 1989
The following resolution was introduced by Mayor. Suarez, who moved its
adoption:
RESOLUTION NO. 89-864
A RESOLUTION REVERSING THE DECISION OF THE ZONING
BOARD AND DENYING THE APPLICATION FOR VARIANCE FROM
ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, ARTICLE 20, SECTION 2003,
SUBSECTION 2003.3, AND SCHEDULE OF DISTRICT
REGULATIONS, PAGE 1 OF 6, MINIMUM OPEN SPACE
REQUIREMENTS, TO ALLOW ADDITIONS TO THE EXISTING EIGHT
UNIT RESIDENTIAL PROPERTY ON THE SITE, AS PER PLANS ON
FILE, PROVIDING A SIDE YARD OF 0.0 FEET (5.0 FEET
REQUIRED) FOR UNIT NUMBER 3 AND A BUILDING SPACING
SEPARATION OF 2.3 FEET (5.0 FEET REQUIRED) FOR THE
ACCESSORY (LAUNDRY) STRUCTURE ON THE SITE, AS PER
PLANS ON FILE, FOR PROPERTY LOCATED 3069-71 DAY
AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN); ZONED RG-1/3 GENERAL RESIDENTIAL (ONE AND TWO
FAMILY). THIS VARIANCE IS FILED IN CONJUNCTION WITH A
SPECIAL EXCEPTION APPLICATION FOR INCREASE OF FLOOR
AREA OF AN EXISTING LEGAL, NONCONFORMING USE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Range, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Vice Mayor Victor De Yurre
ABSENT: None.
------------------------------------------------------------------------------
35. (A) DEFER AGENDA ITEM PZ-14 (proposed First Reading Ordinance
repealing the City of Miami Zoning Ordinance) - to next Planning
& Zoning meeting.
(B) DEFER AGENDA ITEM PZ-13 (proposed Second Reading Ordinance
amending the Schedule of District Regulations of the City of
Miami Zoning Ordinance) - to next Planning & Zoning meeting.
Mr. Rodriguez: Mr. Mayor, we would like to make an announcement about PZ-13
and 14 now.
Mayor Suarez: Yes, PZ-13 and 14, I think by City error, or not —
Mr. Rodriguez: No.
Mayor Suarez: No? - Not on PZ-137
Mr. Fernandez: No.
Mr. Rodriguez: PZ-13 was sent a map to The Miami Herald and The Herald, when
they printed the map...
Mayor Suarez: By Herald mistake.
Mr. Rodriguez: ... reduced it and this is the opinion of the Law Department,
it is not legible enough to fulfill the requirements of full notice, so for
that reason we would like to defer this item and bring it back at the next
Planning & Zoning meeting.
Mayor Suarez: That applies to PZ-14 too, is that what you are saying?
137 September 28, 1989
F
Mr. Rodriguez: PZ-14 is a different case.
Mayor Suarez: Oh, PZ-14 is a problem with the whole change in 9500.
Mr. Fernandez: Right.
Mr. Rodriguez: Specifically now, what we have is the Planning Advisory
Board, during the meeting that they had last week, they didn't act on it and
they continued the item, but tonight you will be able to make a decision on
it.
Mr. Fernandez: Well, you are not really able to make a decision on it,
however, you are free to discuss it or take input on it, or do whatever, but
you must first afford the PAB another opportunity for them to consider it.
Mayor Suarez: Well, I think that that would make sense to let the PAB
complete their deliberations and then for us to get into it. Life is
complicated enough without having to go back after PAB looks at it.
Mr. Rodriguez: If I may add, one of the issues that was brought before the
Planning Advisory Board was the amount of time. The people that were at the
meeting of the Planning Advisory Board were asking for more time than the one
that the Planning Advisory Board can delay this item by the present
requirements of the law, so if you want to instruct us to bring this back at a
particular period of time, that is not on October 26th, you need to let us
know now.
Mayor Suarez: I presume the South Florida Builder's Association concurs with
the idea of postponing the final modification of 9500?
Mr. Plummer: Until when?
Ms. Truly Burton: Yes sir, for six weeks please, until...
Mayor Suarez: You are requesting six weeks? What sense does it make from the
standpoint of the City, as far as having the PAB look at it and so on?
Mr. Rodriguez: Six weeks will be put in the second Planning and Zoning
hearing of November.
Mr. Plummer: Bring it back in October.
Mayor Suarez: How about at the end of October, does that give enough time for
the PAB?
Mr. Rodriguez: It does, because it is scheduled for the PAB hearing of the
4th of October.
Mr. Plummer: I'll move to bring it back on October 26th.
Mayor Suarez: As to PZ-14, so moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
Mr. Plummer: I almost voted against it because The Herald recommended it, but
I figured, what the hell.
MOTION TO DEFER
UPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER DAWKINS, PZ-14 WAS DEFERRED TO THE OCTOBER 26, 1989
COMMISSION MEETING BY THE FOLLOWING VOTE OF THE CITY COMMISSION:
138 September 28, 1989
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AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner M. Athalie Range
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: No, no, in all honesty now, who pays for the mistake on that
advertisement in The Herald?
Mr. Olmedillo: There is no mistake in that one.
Mr. Plummer: No, no, the...
Mr. Rodriguez: No, no, on PZ-13, that's the previous item.
Mr. Plummer: Who pays for that mistake?
Mr. Rodriguez: Well, we will definitely talk to that, because that was not
the instructions that we gave them, so we will...
Mr. Plummer: So we are not paying for that ad?
Mr. Rodriguez: Right.
Mr. Plummer: OK, I vote yes.
Mr. Fernandez: We are voting on 14.
Mr. Plummer: I understand.
Mr. Fernandez: OK.
Mr. Dawkins: When you come back on the 26th, are we coming back once for all
to have 9500 put to bed, squared away and finished with it?
Mr. Plummer: I am.
Mr. Dawkins: Well, what would prevent us from not fulfilling your hopes?
Mr. Rodriguez: Your decision...
Mr. Olmedillo: A negative vote from you.
Mr. Dawkins: Huh?
Mr. Olmedillo: A negative vote from you all.
Mr. Dawkins: OK, well, I'd advise all of you to meet with me as often as you
can between now and the 26th to remove any negatives that I might have.
Mr. Olmedillo: Yes, sir.
Mayor Suarez: OK. Did you get the roll call on that?
Mr. Dawkins: Yes.
COMMENTS AFTER ROLL CALL ON PZ-14:
Mayor Suarez: As to PZ-13 then, to dispose of that, the problem here was the
publication, right?
Mr. Rodriguez: Right, so that item has to be deferred and we will advertise
again and bring it back on October 26th.
Mr. Plummer% Let's sue The Herald.
Mayor Suarez: I entertain a motion on the deferral of PZ-13. That will also
be rescheduled then for the same date?
139 September 28, 4989
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Mr. Olme!dillo: The 26th.
Mr. Fernandez: The 26th, yes.
Mr. Plummer: So moved.
Mayor Suarez: So moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
MOTION TO DEFER
UPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER DAWKINS, PZ-13 WAS DEFERRED FOR READVERTISING TO THE
MEETING OF OCTOBER 26, 1989 BY THE FOLLOWING VOTE OF THE
COMMISSION:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner M. Athalie Range
36. DISCUSS AND TEMPORARILY TABLE AGENDA ITEM PZ-9 (Appeal by Planning
Department to review Zoning Board's approval of Special Exception to
allow construction of surface parking lot at 3224 S.W. 23rd Street &
approximately 3221 S.W. 23rd Terrace, Victor's Cafe) (See label 40).
Mayor Suarez: PZ-9.
Mr. Olmedillo: PZ-9 is an appeal that was filed by the Planning Department.
This is Victor's Cafe.
Mr. Dawkins: Move it.
Mayor Suarez: Moved. Do we have anyone that wishes to be heard against this
application? Let the record reflect that no one has stepped forward. We have
a motion.
Mr. Plummer: Mayor, this is the item...
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: For the purposes of discussion, I'll second.
Mayor Suarez: Seconded for discussion.
Mr. Plummer: This is the one, Mr. Mayor, that I asked it be brought back
because of the discrepancy. In effect, what you are asking here, are they able
to comply with all of the parking requirements?
Mr. Olmedillo: Let me describe a little bit what happens.
Mr. Plummer: How about answering my question?
Mr. Olmedillo: Yes, but it is not a yes and no question. They are able to...
Mr. Plummer: So they're mobile parking spots, yes and no.
Mr. Olmedillo: They have, as you know, they applied for a transitional use
parking in the...
140 September 26, 1989
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Mr. Plummer: Correct.
Mr. Olmedillo: ... residential lots which are just to the west of the
property. Now, when the item went before the Zoning Board, the Zoning Board
voted to grant those parking spaces for those parking... now the Planning
Department at the hearing requested that they be dedicated for required
parking and not excess parking because excess parking will bring a bigger
building than what they have right now and that is...
Mr. Plummer: I'm aware of that.
Mr. Olmedillo: ... and that is what is being appealed before you today. That
decision of the Zoning Board to grant the transitional parking for excess
parking which will allow additional building to the building that exists
today.
Mr. Plummer: That's what you recommend?
Mr. Olmedillo: That's what we are appealing and we're saying that it should
be required parking for the existing structure and not for an addition to that
existing structure.
Mr. Plummer: OK, the area also that I had a concern, that which is going into
today is the Victor's Cafe.
Mr. Olmedillo: That's is correct.
Mr. Plummer: There is, or somewhere in the background, the potential in the
future of a banquet hall.
Mr. Olmedillo: And that's what we were trying to prevent with the limitation
of the parking.
Mr. Plummer: OK, so then does this application before us prohibit that
banquet hall without further parking?
Mr. Olmedillo: If you vote to call this parking, a required parking for the
existing building, yes, they cannot add to the building unless they give us
more parking spaces.
Mr. Plummer: But for a banquet hall, I can't imagine that there would be
sufficient room on that present property.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Stacking? What?
Mr. Olmedillo: Off -site parking, you can...
Mr. Plummer: Well, off -site parking they can do at any time. Tell me what is
the difference in numbers.
Mr. Olmedillo: Right now they have 110 parking spaces.
Mr. Plummer: And how many seats do they have proposed?
Mr. Olmedillo: I don't have that in my record, sir.
Mr. Plummer: Well, parking, isn't it based on square footage or on seats?
Mr. Olmedillo: On square footage. It's one per one hundred, so it will be
about 11,000.
Mr. Plummer: Genuardi.
Mr. Joseph Genuardi: Joseph Genuardi, Building and Zoning Department, They
are proposing at the conclusion of construction to have 11,000 square feet.
Mr. Plummer: Of building.
Mr. Genuardi: That's of building, yes.
141 September 28, 1989
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Mayor Suarez: And how many seat, roughly, does anybody know? Counselor,
somebody's got to know how big a facility it is going to be.
Mr. Plummer: What is the seating capacity?
Mayor Suarez: Wait, wait, we've got... you have an answer?
Unidentified Speaker: They are proposing approximately 249 seats in the
restaurant.
Mr. Plummer: 250. So that is basically one parking space for every two
seats, is that correct?
Unidentified Speaker: Right.
Mr. Plummer: That's adequate.
Mr. Olmedillo: That is adequate according to the Code, yes, sir.
Mr. Plummer: But now your concern is if in fact that at a later date they go
with the banquet hall, that they are not able to use that same configuration
for that parking, is that correct?
Mr. Olmedillo: They could use the parking which was permitted by the special
exception to be used for the computation of that additional space without
giving the City any additional parking.
Mr. Plummer: You know what doesn't bother me? If they tried to do that,
they'd go broke. Hey, just the banquet hall without parking is not going to
be financially successful and I think finance would come into play here.
Mr. Rodriguez: But in the meantime, we might have a lot of neighbors
complaining that they are going to be parking in the street.
Mr. Plummer: No, Sergio, what I'm saying, right now they are using all of the
available non -buildable space for parking, correct?
Mr. Rodriguez: Right.
Mr. Plummer: All right, and that's 11,000 square feet. Now, if they go in
with a banquet hall, that's going to be additional building on the surface.
Mr. Rodriguez: Unless they go up.
Mr. Olmedillo: The second floor.
Mr. Plummer: It could be either way, OK? - which they would then be eating up
more of their parking and I'm assuming that the parking requirements, if they
added additional square feet, are going to be more.
Mr. Olmedillo: No, that's the problem. See, the present structure is
grandfathered in and it's deficient in parking, the present structure. Now,
the additional parking will make the present structure comply to the existing
ordinance. However, that is a moot point because they provide enough parking
already as it is for the existing structure, because it is grandfathered.
It's not up to present day Code, but it is grandfathered.
Mr. Plummer: Yes, but the point I'm trying to make to you is more financial
argument than it is zoning argument, that if they provide 110 spaces for 250
seats and they put in a banquet hall and you can't go there and get a parking
space, nobody is going to go. That's my argument. OK, I'm satisfied, Mr.
Mayor.
Mayor Suarez: OK, on PZ-9 then, I'll entertain a motion. We had a motion, do
we have a second? Seconded.
Mrs. Range: Did we have a motion?
Mayor Suarez: Yes, I believe Commissioner Plummer had moved it.
Mrs. Range: What is the motion?
142 September 26, 1989
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Mr. Rodriguez: There's a motion.
Mr. Fernandez: There is a motion.
Mr. Plummer: Yes, I didn't move it.
Mayor Suarez: Yes, there had been a motion, there had been a motion.
Mr. Plummer: I seconded it for discussion.
Mrs. Range: I was absent. Would you kindly read the motion?
Ms. Hirai: It had been moved by Commissioner Dawkins and now Commissioner De
Yurre seconded it, no?
Mayor Suarez: I guess it had been seconded for discussion, so...
Mrs. Range: I still don't know what the motion was, to uphold the...?
Ms. Hirai: I don't have, I don't...
Mayor Suarez: The motion is to approve .the application.
Mrs. Range: Very good.
Mayor Suarez: Right, which...
Mrs. Range: To uphold the motion of the Zoning Board?
Mr. Fernandez: Yes.
Unidentified Speaker: To deny the appeal?
Ms. Hirai: As presented.
Unidentified Speaker: To deny the appeal?
Mayor Suarez: To deny the appeal? Well, let me make sure.
Mr. Fernandez: No, there is no appeal.
Mayor Suarez: Is that correct, is it to deny the appeal?
Mr. Rodriguez: As we understood the motion...
Mr. Plummer: The motion in order would be to deny the appeal.
Mr. Rodriguez: As we understood, the motion was to deny...
Mayor Suarez: To allow them to do what he wants to do there, which...
Mr. Rodriguez: ... the appeal by the Planning Department and uphold the
decision by the Planning Board.
Mrs. Range: No, uphold the zoning.
Mr. Plummer: Mr. Mayor, you might recall that the only way that I could get
this matter before the City Commission was to ask the Planning Department to
appeal it so we could bring it here and discuss it.
Mayor Suarez: That's right. OK, to deny the appeal of the Planning
Department, which is to uphold, or to grant the applicant's request. Jim, did
you want ant to address that?
Mr. Jim McMaster: Yes, sir. Jim McMaster, 2940 SW 30th Court. I just heard
Mr. 01medillo say that the present structure is grandfathered in. I drove by
there at one point and there was nothing there. It was an empty lot. It's my
understanding what their...
Mr. Plummer: OK, that was my concern before.
Mr. McMaster: Yes, what they are building is a brand new building, so why...
143
September
28,
1989
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Mayor Suarez: How did that happen? How did they not trigger a new...
Mr. Plummer: Part of the building was left when they filed their application.
It was the same concern I had, OK? And part of their building was left, which
left them in the nonconforming status. It was our department who came and
said, that which you left is not safely there and needs to come down. In
compliance with our department, they tore it down, which then took them out
of the grandfathered clause.
Mr. McMaster: Which would mean...
Mr. Plummer: But by no act of their own, but in compliance with a request of
our department, they did in fact scarify the lot.
Mr. McMaster: I was there. They took the roof, one and one-half walls and
the floor out, which would be much more than 50 percent and then, if I
understand correctly what happened, was the neighbors ran a picture of it and
said, "Oh you know, the Studio is becoming Victor's Cafe." And some old timer
down there said, "Hey, isn't the arcade of the Studio on public property?"
Which is something that's happened with a lot of these old buildings with
arcades. They are not on the zoned right-of-way, they are actually on public
property and so then went down and said, "Hey, what's happening here, why have
you guys demolished you know, nine/tenths of this building? Why did you not
come to us to dedicate and remove this out of the right-of-way?" It's my
understanding that, I'm not too sure about the facts, but it is my
understanding that they pulled a permit for less than $10,000, which does not
trigger in the dedication of the public right-of-way. What happened when
Public Works came out and said, you know, what happening here? When I went
there, there literally was no roof, no floor, there were no interior walls,
and they were cutting areas for columns to put up a second floor and this was
everything... the developer did this, no one, the developer did this and
apparently was stopped when Public Works came in, so they demolished more than
50 percent of the building which then requires them in effect to remove it.
It was removed because of their own actions, so my question is when you start
with a vacant lot, which was because of their actions, they did more than
$10,000 worth of work, Public Works came in and said listen, your building,
the remains are standing on public property, we want it removed. They removed
it and were left with a vacant lot, so why do we have a grandfathered building
when they are building a brand new one?
Mr. Rodriguez: If you want, for the record, this is included in the package
of page number 6 and 7, memo from Mr. Joe Genuardi to Ms. Fuentes, March 17th
opinion of continuation of a nonconformity. It was a series of events that
were happening one after another, there were several walls that were
conforming as they started working on the project at one portion of the
process, the Public Works Department asked them to move the building behind
the base building line. At that point, because they have to remove that wall,
for example, that portion should not be counted against them, because it was
an action that was caused by government action and I could go into all the
details, but I reviewed this case with the Building and Zoning Department to
make sure that it was correct and I believe, based on what they have written,
that it was a correct approach in their estimation, even when you look at it,
the building has been removed tremendously...
Mayor Suarez: It sounds like the most creative grandfathering of a building
in the history of Miami.
Mr. Rodriguez: But you know what? I tell you because I specifically looked
into it very carefully with the Building and Zoning Department wall by wall to
see how they comply with the law and my opinion, after reviewing the opinion
from Mr. Genuardi, that they were correct.
Mr. McMaster: I'd like to include that much of the City income comes from
pulling permits. They were doing several hundred thousand dollars worth of
work over there and claim they were doing less than $10,000, which is what
triggers the removal of the obstruction in the right-of-way. You know, they
started down this merry path on their own and you know, were caught at it. I
think they were the ones that removed more than 50 percent of a nonconforming
structure. It was because of their action that it was removed out of the
public right-of-way. I am wondering how plans for a brand new two story
building were submitted and accepted by the City of Miami when they pulled a
permit for less than $9,000 worth of work.
144 September 28, 1989
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Mayor Suarez: I'm not sure that that's relevant to the determination, but
what about that? Was that your interpretation at the time that they were
doing sufficient work there that they had to pay additional fees?
Mr. Rodriguez: Let me ask Mr. Genuardi to answer that, because I don't know
the details.
Mr. Plummer: No, I think it is the other way around, they are not paying
enough.
Mr. Genuardi: The original demolition permit was underestimated. When we
went out there and checked it, we asked them to come back and take out a
revised demolition permit to include everything there that they were planning
to remove.
Mr. Plummer: As I understood the question that he raised, that they are not
paying sufficient fees.
Mr. Genuardi: They've paid all the fees that they were supposed to pay.
Mr. Plummer: But if the original building was $10,000 and they paid a fee
based on $10,000 and now it's $11,000, isn't their additional fees?
Mr. Genuardi: They paid the difference from what they originally estimated to
what it actually was.
Mr. Rodriguez: But regardless of that, what we are going to do, I think that
we are correct in the checking of the fees, but we are going to recheck the
fees again and since if we haven't given them a CO of this, we...
Mayor Suarez: We might be able to catch it before the certificate of
occupancy?
Mr. Rodriguez: If there has been a mistake, we will catch it.
Mr. McMaster: Probably just one more question. The original plans that were
accepted by the City for the $9,000 worth of remodeling, if I understand
correctly, included a second floor. When I was over there, they were cutting
the existing walls' four columns and am I correct in, am I to understand that
the original plans showed a second floor on them? On top of all the other
questions I've raised, I don't think that these people should be allowed to
get away with a first floor that doesn't have enough parking and then get a
transitional use parking lot which allows them to put up a second floor. This
parking should be used for the first floor, if the Commission wishes to grant
them a transitional parking lot, it not be used for second floor, so are
there... is there a second floor on the plans accepted by the City right now?
Mr. Genuardi: There is no second floor. There are partial mezzanine areas,
which are not usable spaces. They are going to be using that to put plants
and things like that, but there is no second floor and there won't...
Mr. Plummer: Well, let me ask, because I think the area of concern is great.
In this decision of this Commission, can we limit them to 240 seats? Can we
impose that as a condition?
Mr. Genuardi: I can't comment on that.
Mr. Plummer: I'm asking the question.
Mr. Rodriguez: I'm trying to figure out an answer. The item that is before
you relates to the ingress and the egress from the property. Maybe if we
cannot impose a condition directly, you might get a proffer from the applicant
to the property that it will do so.
Mr. Plummer: See, I think 110 parking spaces is reasonable for 250 people. I
don't think it's reasonable for 500 people. Now, the question is, to the City
Attorney, can we impose a condition of 250 seats? They said 240, I'm saying
250.
Mr. Fernandez: Yes you can, you can impose any reasonable condition on the
denying of the appeal.
145 September 28, 1989
Mayor Suarez: They said, yes, 249, so if we impose 250, it will be right at
that limit.
Mr. Plummer: That was their proffer.
Mayor Suarez: Does it have to be in the form of a proffer then? Or can we
require it?
Mr. Plummer: No, we can impose it.
Mayor Suarez: We can impose it? This would prevent a banquet hall from being
built there, which sounds like an awfully good idea anyhow.
Mr. Plummer: No, that's not necessarily the case.
Mayor Suarez: Not unless they could transform what they had into a new...
Mr. Plummer: It wouldn't prohibit it, but it would in fact, if they wanted to
build a banquet hall, would have to provide more adequate parking, because a
banquet hall, I would assume is an additional 250 seats, which then would be
500 seating and I don't think that 110 spaces is adequate for that.
Mr. Rodriguez: If that is the direction you are going, then you're supporting
the position that the Planning Department had of granting the appeal, which is
basically to use the parking only for required parking. Maybe you might want
to get the representative from the applicant to see if they would like to
proffer on the record that they will limit the number of seats to 250.
Unidentified Speaker: I would have to talk to my client, but you have to
understand that when we made this application, it was for excess parking,
because we had our required parking. I don't think that there is anyone who
has been required to take excess parking and then suddenly make it required
parking.
Mr. Plummer: Well, but your application also was for one floor and no banquet
hall.
Unidentified Speaker: OK, it said, in there for a possible future banquet
hall. Now, we don't know whether we are going to have a banquet hall and I
think what you said originally is true, my client is not a developer. They
are restaurant people and they know that...
Mr. Plummer: Your applicant themselves stated that they indicated 240 seats,
am I correct?
Unidentified Speaker: That's what they plan for the restaurant at this time.
It's 249.
Mr. Plummer: OK, now if that's the case, where are we apart?
Mayor Suarez:. In the potential for a banquet hall to be built and used back
there with a lot more parking, I presume, a lot more seating, I'm sorry!
Mr. Plummer: It's got to be double the amount of parking.
Unidentified Speaker: If I can have a word with my client for a minute, then
we can...
Mayor Suarez: Yea, confer with your client and see if we can get it resolved
and don't force us to a painful vote. We are going to table PZ-9 for a few
moments.
(AT THIS POINT, THIS ITEM WAS TABLED.)
146 September 28, 1969
37. SECOND READING ORDINANCE: Change zoning atlas at approximately 2400
N.W. 14th Street (Fern Isle Park) from PR to RG-2/6 (Applicant: City of
Miami Housing Conservation & Development Agency).
Mayor Suarez: PZ-10.
Mr. Olmedillo: PZ-10, the change of zoning classification for the Fern Isle
Park. You may remember that the front two acres was the deleted from front
reading and...
Mayor Suarez% Yes.
Mr. Olmedillo: ... this is second reading of the same item.
Mr. Plummer: Move it.
Mayor Suarez% Moved.
Mr. De Yurre: Second.
Mayor Suarez: Seconded. The City of Miami Housing Conservation Development
Agency application. Counselor, have you been sworn in before today?
Mr. Al Cardenas: Not today, no.
Mr. Plummer: Are you opposed to this?
Mr. Cardenas: I need to put something on the record, yes.
Mayor Suarez: Why don't you swear in the attorney, please.
(AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.)
Mr. Cardenas: For the record, Mr. Mayor and members of the Commission, my
name is Al Cardenas with offices at 1221 Brickell Avenue. I am here on behalf
of the Municipalities Trust Fund, better known as the Municipios and the
reason why we need to put something on the record is to clarify a situation or
a discussion which I understand transpired at the first reading. It's my
understanding that at the time that matter was approved, the project was
discussed and in that discussion, the two acres which were the northernmost
portion of the property were excluded from the process and I just wanted, and
as a matter of fact, there was discussion on the record with some of the
neighbors, that these two acres were going to remain as park land and I want
to come up and remind the Commission of the actions that it had taken prior
hereto because that is in direct contradiction to your earlier actions. In
1988 this Commission adopted by resolution a decision to provide these two
acres to the Municipalities Trust Fund Corporation for the building of a
structure there that was approximately a 12,500 foot structure. Renderings
and so forth are here for your perusal and in that resolution you asked them
to obtain financing and commence construction by December of 1989. Subsequent
to that...
Mayor Suarez: Are you sure those were the months in question, the relevant
months of December of 1989, or was it a certain period of time from the date
of that determination?
Mr. Cardenas: No, the resolution is dated June of 188, you had asked that by
June of 1989 financing be in place, which it was and that construction begin
by December of 189. Let me tell you what has transpired...
Mayor Suarez: Did we get official notice that financing was in place by June
of '897
Mr. Cardenas: Yes, sir. There is a letter from counsel from the Trust Fund
to the City to that effect. But let me tell you also what has additionally
transpired. In reliance upon the resolution of June of 188, the State
Legislature and Dade County contributed a total of $330,000 for the building
147 September 28, 1989
of this facility and in addition to that an earlier amount of $100,000 which
had been contributed by the State Legislature was likewise provided in this
fund. In the meantime of course, since we had a deadline, the clients have
proceeded and have spent approximately $100,000 in soft costs, which include
preliminary and final drawings from the architect, the engineering fees, and
other soft costs related to the project. All of those monies have been spent
in reliance with the City's resolution of June of 188. We've abided by the
resolution, we've lived up to it, we've spent monies in reliance of it. The
County and the State have contributed monies in reliance to it, the project is
ready to be built, the only reason why we have not built it of course, is
because we needed a permit, which has been negotiated with the City. That
permit's been signed by the Planning Department, by the City Attorney's
office, by the Department of Insurance and is now at the City Manager's desk
for signature. Once that permit is finished, it only needs one more
signature, then we'll obtain a special exception, which we will plan to do in
the next month. We will plan to begin the ceremonies on November 4th, which
have already been designated for the ground breaking and in November and
December we'll be well on our way, so...
Mayor Suarez: Let me ask a question. Is there any way... first of all, I
guess the logical question is how come nobody told us about this at the time
that we tried to reserve two acres for open space and green space?
Mr. Olmedillo: If I remember well, the Administration was instructed to find
an alternative site for the Municipios.
Mr. De Yurre: Well, what happened was that the Administration told us that
time it expired and I suggested that in case they still came with their
financing down the road, that we find an alternative. That's what happened.
None of this were we made aware of at that time.
Mr. Cardenas: Now, I can assure you that the financing was in place....
Mr. Sergio Rodriguez: Let me...
Mr. Cardenas: ...by the time that you had asked us to by the resolution.
Mr. Rodriguez: ...get Mr. Bailey.
Mr. Cardenas: And that we'll commence construction by the time provided for
in the resolution.
Mr. Plummer: Al, what's the problem?
Mr. Cardenas: The problem is we've spent the $100,000.
Mr. Plummer: All right, so you can go on the front part of the property and
the housing can go on the back side of the property.
Mr. De Yurre: OK, now we made a promise to the neighborhood...
Mr. Plummer: What's the - what's...
Mr. Cardenas: No...
Mr. De Yurre: ...about having at least a mini -park with that two acre tract.
Mr. Cardenas: Well, let me, if I can, tell you a little bit about what this
is, because, you know, the purpose for this particular project is to be a
community service facility. This will be social and cultural programs,
educational programs, athletic events, programs for the elderly and English
housing. We've talked to the organizations.
Mr. De Yurre: Well, where are you going to have athletic events here?
Mr. Cardenas: It's a two -acre site.
Mr. De Yurre: But it's all taken up by trees and building. What kind of
athletics can you have there? Jumping jack competition?
Mr. Cardenas: How about domino?
148 September 28, 1989
Mr. De Yurre: Domino, that's more like it.
Mr. Cardenas: You know, volleyball.
Mayor Suarez: Is that the two acres that you have the rendering that you have
there?
Mr. Cardenas: Yes, sir. I understand, but that is the proposal for the
activities. Now, let me also add the following that the point is, that the
decision was made by you last year. I mean, I'll be happy to re -argue the
merits of the client's position, but if you adopt....
Mr. De Yurre: The merits are very well taken and I think we agree with
them...
Mr. Cardenas: Yes.
Mr. De Yurre: ...the problem that I have with this situation now is that on
first reading, we had neighbors coming here and bringing up the point that
they wanted that for a park site and we ended up giving them the front two
acres for a park site and we're taking the back five for the two buildings
that we're talking about. Now, if we're going to go and go ahead with the
front two, go ahead with this structure which I think we have an obligation
to, then we have to revisit the whole issue and advertise, bring the neighbors
back in here because all of a sudden, they're going to be left without any
park site at all. That's my opinion.
Mr. Cardenas: Excuse me, Commissioner, also you had asked a question, I
forgot about the athletics, but really this is more for the children
situation. There's a playground built here for the children in the
neighborhood, and the foliage and heavy landscaping is to preserve that park
ambience and this is open to the public. Now, I also wanted you to know that
we had talked to the community development organizations building the two
projects on the five acres. They want this very badly because they know that
that's the place for the elderly to go to, for the residents of Allapattah and
it's perfectly complimentary to the townhouse and senior housing projects
which are planned for the five acres. We've worked this design and layout and
we've consulted with the developers of those five acres and everybody is in...
Mayor Suarez: The thing is that the rendering - I mean, I don't know how much
more has been done other than what you've shown us...
Mr. Cardenas: Full set of drawings. Full set of - mechanical, engineering, I
mean we...
Mayor Suarez: Those seem to be, you know, fairly fungible and usable on some
other property. I don't know that they would be any different and if we found
the, you know, the alternative property...
Mr. Cardenas: Well, the architects here and Mr. Perez, if you could come
forward, you may want to discuss it. Our point, Mayor, is that you've got a
binding legal document that with us, we've spent money...
Mayor Suarez: I don't think you want to hold us to that because it's probably
a use permit that can be - it's a revocable use permit that can be taken
away...
Mr. Cardenas: Listen, we're thankful to you for the actions you've taken. We
appreciate the City's generosity. All I'm trying to tell you is that we spent
a lot of taxpayers' money. We've started the move amongst a hundred and ten,
you know, chapters of municipalities in exile, in fundraising efforts for
this. They've all been advised, they've all hundred ten chapters are advised
to this project, where it's going to be located. Many of them reside within
this Allapattah area. I mean, this thing has been going on. We found out
after the fact, when we found you had the first reading on the other matter
which really didn't involve us and so we weren't here, but we found out after
the fact that that decision had been made relative to the green areas and, of
course, we weren't here. Had we been here, we would have been able to explain
all this to you at that time, but...
Mayor Suarez: OK, and the City staff, obviously, didn't apprise us very
accurately. Commissioner Range?
149 September 28, 1989
Ms. Range: I have a question I'd like you to answer for me. In your usage of
the front two acres, would any of that property be left vacant?
Mr. Cardenas: Well, the - less than 30 percent of the two -acre site has the
structure in it. The remaining portion is for parking and... but most of it
is open space, green areas, so it will be heavily landscaped.
Ms. Range: And do you say only less than 30 percent would be used for a
structure?
Mr. Cardenas: I would calculate this is between 30 and 35 percent, but the
architect's here and he can...
Ms. Range: So there could...
Mr. Cardenas: About 25 percent, he says.
Ms. Range: ...still possibly could be a compromise. All right.
Mayor Suarez: Well, Commissioner Dawkins, I'm...
Mr. Dawkins: Who were the... what law firm represented the people in the back
other than this front acre?
Mr. Plummer: I don't think there was a law firm.
Mr. Dawkins: Who as it then?
Mr. Olmedillo: The Planning Department made its usual presentation and then
the Housing Department, Jose Fabregas, from Housing, made the presentation
about the project and the architect, Armando Cazo, was here also at the
hearing.
Mr. Dawkins: Then the City of Miami made the request to use all but these two
acres?
Mr. Olmedillo: Originally, the request was for the entire tract of land
including these two acres.
Mr. Dawkins: Was made by the City.
Mr. Olmedillo: That was by the City. Then...
Mayor Suarez: I forgot the total acreage. What is the total acreage? -while
you're looking for...
Mr. Olmedillo: I believe is close to eight total.
Mr. Cardenas: Excuse me, a few months ago, we had reached a compromise with a
developer so the five acres as to exactly how much land we would each use.
Mr. De Yurre; Al, but we had to compromise with the people in the
neighborhood. That's my concern. I like what you have there, I like what
they have there, but the people walked away from this place with an
understanding and before, my feeling is that they're going to feel badly if
all of a sudden, what they thought was going to happen there doesn't happen
and they weren't advised of that fact. So, it's my suggestion...
Mr. Cardenas: I appreciate that. My comment is, we were under the impression
a year ago that we have a project, we received monies for the project, but...
Mr. De Yurre: Obviously, the administration gave us not the correct
information at the time and we are in this position now. My feeling is that
we should defer this, advertise again so that the neighbors and advise them if
we have some numbers and names, let them know personally that we're going to
bring it back up. That there's a question and things may change, for them to
appear again.
Mr. Rodriguez: I have a possibility...
150 September 28, 1989
i
Mayor Suarez: We're going to have to revisit this, I believe, but, counselor,
you're going to have to prove to me that, in writing, on the date that you
stated, that it was already the financing, because I remember it being put on the record of this Commission when we considered this, that there was no
financing available and that was only a month and a half ago. It was after
June, the date that you stated. So maybe some lack of communication took
place, but it's doubly difficult for us to decide issues that are already
difficult - of trade offs between one particular use and another, if we don't
even get the correct information at the time.
Mr. Cardenas: Well, why don't I leave this letter with you and make it part
of the record...
Mr. Cardenas: What date...
Mr. Cardenas: ...dated June 14 of 189, where that's so advised.
�i
i
Mayor Suarez: Is it totally foolproof? I mean, is it a hundred percent
financing?
Mr. Plummer: No.
Mr. Cardenas: Well, Mayor, the financing plan is, you know, this is not a
lender driven situation. We've got... it's a million dollar project, $430,000
of cash on hand, $600,000 on a fundraising...
Mayor Suarez: What is the total funding need for the whole project?
Mr. Cardenas: It's a total funding need of a million. We have $430,000 cash
on hand. We have a three fundraising drives which can't get started, we've
got the 501C3 Corporation set up for the tax exempt status. All of that
work's been done in the last few months. We've got corporate sponsors lined
up, we've got Municipios chapters are donating $200,000...
Mayor Suarez: Al, with all due respect, the letter makes reference to
$165,000 appropriated by the recent legislative session and a legislative
grant of 1987 of $100,000 which has been used for planning of the facility's
construction on the particular City site.
Mr. Cardenas: Right.
Mayor Suarez: It if far from complete financing, so...
Mr. Cardenas: Well, but, no it's not.
Mayor Suarez: ...what we're....
Mr. Cardenas: This is not a conventional situation. Let me explain to you
what this is. This is - I mean, you know the Municipios as well as anyone and
you know what their organization is about. They've got $430,000 cash on hand,
they have $600,000 based on commitments of fundraising amongst 110 chapters
that are bringing in money for X percentage of the remaining $600,000.
They've got corporate sponsorship commitments and they've got in -kind
commitments for the six hundred thousand, but you can't go collecting that
money until you have legally proven to them that you've got a permitted
project, which is what our obligation is and what we've been doing.
Mayor Suarez: It's the same problem as we have a lot in the City. You have
to sometimes prove that you have the land available, but you can't get the
land until you have the financing and you can't get the financing until you
have the land.
Mr. Cardenas: They're comfortable that they've got the funds committed for.
Mayor Suarez: It's a vicious cycle.
Mr. Rodriguez: Mr. Mayor....
Mayor Suarez: Yes.
Mr. Rodriguez: I might have a possible solution on this.
151 September 28, 1989
9
Mayor Suarez: That's what we need, a solution, Mr. Assistant City Manager,
sir.
Mr. Rodriguez: OK, I believe that if you were to leave the property in
their - the one that is under discussion now as PR, you will fulfill the
requirements of being a park. In the future, if the applicant, Casa de los
Municipios, were to be interested to enter into an agreement to use the
property for something other than a park, they will be required to have a
special exception. At that point, it will be a hearing and you can put a
condition that the special exception will be coming to the City Commission for
final approval. Or we will make it...
Mayor Suarez: In the meantime, can we proceed with our other plans as to the
south six acres?
Mr. Rodriguez! That's the way I see it. I think that way the hearing will be
always there for you to decide whether you want to approve this in the future.
The neighbors that left the meeting with the idea that there was going to be a
park, there's a PR classification on it, and if you want, in the future, to
consider, bring the Casa de los Municipios again, you have hearing...
Mayor Suarez: PR stands for park and recreation?
Mr. Rodriguez: PR, yes, parks and recreation, right.
Mr. Cardenas: And this is a buildable project within that designation. I
agree with Mr. Rodriguez.
Mayor Suarez: And I really strongly urge, Al, this is a use permit, revocable
use permit situation, I believe...
Mr. Cardenas: Yes.
Mayor Suarez: ... you want to find the site that is most - in the long term -
the most stable from the Commission's standpoint. You don't want to get into
any situation that we may be having second thoughts about keeping open areas
in the neighborhood. And if there's other sites, we are pledged, this
Commission, I think, is pledged and committed to finding a two -acre site which
we have plenty of property throughout the City for this and I'm not sure why
we all had to end up in this one small park in Allapattah for it, when you
might actually find some more desirable sites to the organization.
Mr. Cardenas: Mayor, I understand, but in the meantime, I think that when we
come up for the special exception and have that matter discussed at public
hearing, which is what we need, I want you also to dig in your conscience to
this one factor and that is that you adopted a resolution a year ago and a lot
of work has gone in. I'm not talking about hundreds of hours, trips to
Tallahassee, I mean, all the people from the Municipios are here, the
directors. They paid their own way. If you'll stand up, I'll appreciate it.
They paid their own way to Tallahassee, they lobbied people based on that
resolution where they thought they had this site available and these people,
frankly, you know, felt they had something taken from them unexpectedly at the
last hearing and they...
Mayor Suarez: Well, we haven't made a final decision, if we follow the
suggestion of Planning, but we do have a commitment for two acres in the most
desirable place and they may find, the directors may find, that we have more
desirable locations. I don't know. At least the Commission seemed to think
so when we acted on this before, you know, because we had in mind so many
other mini parks and parks throughout the City that have almost no use
whatsoever in some cases. In any event, I'll follow up on that suggestion
because we'll have to make the final painful determination at that point and
if we haven't come up with a better solution of...
Mr. Cardenas: OK, I also lastly, when we... just wanted to leave you with
this thought and that is that we don't intend this to be for the exclusive use
of anything. I mean, this is a community project...
Mayor Suarez: It would have to be - yes, it would have to be for general use.
Mr. Cardenas: ...it'll be open to the public, 70 percent of the property will
remain open areas. There'll be lush landscaping, a playground built in, and
152 September 26, 1989
4
we plan to set it for the residents of Allapattah to enjoy a beautiful
facility and be neighbors with us. That's the gist of the project and I think
it, you know...
Mayor Suarez: The problem is, that even though you might say 75 percent is
non structural, you do have probably more than 50 percent that is either
structure or parking and that's not exactly open area. Anyhow, I'll entertain
a motion to approve the zoning to PR under this item and that only...
Mr. Olmedillo: The appropriate motion would be to change the remaining
acreage...
Mayor Suarez: Six acres...
Mr. Olmedillo: ...and exempt the front two acres as it was...
Mayor Suarez: All right, with the... well, we had already delineated what
that area was in a prior motion, so...
Mr. Olmedillo: That's correct.
Mr. Rodriguez: It's exactly what you had before.
Mayor Suarez: OK.
Mr. Olmedillo: So, if you move the item, that will take care of it.
Mr. Rodriguez: As it was before.
Mayor Suarez: OK.
Mr. Cardenas: Now, just one last hitch, and that is...
Mr. Plummer: Hold on, you have others here that wish to speak.
Mr. Cardenas: Yes, the permit...
Mayor Suarez: Well, we're...
Mr. Cardenas: ...in order for us to proceed to the special exception, we need
standing. In order to have standing, we need the permit signed by the City
Manager. Now, because without the permit, it's been signed by every other,
you know, officer of the City that needs to sign it. But without the
Manager's signature, we don't have standing to go for a special exception so I
don't want to be in a legal "catch 22" where the Manager doesn't sign this...
Mayor Suarez: Unless the...
Mr. Cardenas: ...and then we can't have a fair hearing.
Mayor Suarez: ...City itself moves for the exception.
Mr. Cardenas: Well, my point is, everybody signed the permit but...
Mayor Suarez: Which is tantamount to the same thing, I mean, if the Manager
signs it, I guess.
Mr. Cardenas: Right, I mean, I would expect that the Manager would be
inclined to sign it so we can proceed on the merits with a special exception.
Mayor Suarez: Can we sign something without prejudice to our own position?
Mr. Jorge Fernandez: No, if you sign it, you're in fact giving him an
entitlement to do that which he's planning to do.
Mayor Suarez: Although when we apply for things under Planning Department, we
turn them down a lot of times.
Mr. Rodriguez: Many times.
Mr. Cardenas: It's a revocable permit.
153 September 20, 1989
Mayor Suarez: Anyhow, I hope you figure out how to do it legally, all of you,
so that we still retain the option of what we tried to do last time, which is
-; to keep two acres for open area. I don't think that we need to get into - we
i
know what their position is and we're trying to accommodate it and we're not
acting in any way derogatory to their position today.
Mr. Plummer: I don't disagree...
Mayor Suarez: We're only acting as to the bottom six acres and let me tell
you, for myself, I really think that we ought to be looking for other sites if
at all possible. They might find some that are a lot more desirable than
that. That's not the easiest one in the world to find, for one thing.
Anyhow...
Mr. De Yurre: I'll move it.
Mayor Suarez: Moved. Seconded. Any discussion? If not, read the ordinance.
Mr. Plummer: For simple clarification. On the record, this which we are
doing right now only addresses the back six acres...
Mr. Fernandez: Correct.
Mr. Plummer: Does not change anything on the front acreage.
Mr. Fernandez: The front, two acres continue to be PR.
Mayor Suarez: Call the roll on the ordinance.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY CHANGING THE ZONING
CLASSIFICATION OF APPROXIMATELY 2400 NGJ"%THWEST 14TH
STREET, LESS THE NORTHERNMOST TWO ACRES (APPROXIMATELY
340 FEET BY 250 FEET), MIAMI, FLORIDA, (MORE
PARTICULARLY DESCRIBED HEREIN) FROM PR PARKS AND
RECREATION TO RG-2/6 GENERAL RESIDENTIAL; BY MAKING
FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON
PAGE NO. 25 OF SAID ZONING ATLAS MADE A PART OF
ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN
ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER
PROVISION, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of July 31, 1989,
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:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10644.
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.
154 September 28, 1989
38. SECOND READING ORDINANCE: Amend Code, Section 62-62(a) - Provide for
waiver of appeal fees concerning Class C special permits under certain
circumstances (Applicants Planning Department.)
Mayor Suarez: I believe we have two planning and zoning items left and then
we'll get to the budget which is what, I understand, that most of the
firefighters are here for. PZ-11.
Mr. De Yurre: I'll move it, if there's no objection.
Mayor Suarez: Moved. PZ-11 has been moved.
Mr. Plummer: Second.
Mayor Suarez: Seconded. Second reading. Is there anyone here that wishes to
be heard on item PZ-11? Let the record reflect that no one stepped forward,
presumably, except our Planning Department. Do we need to introduce anything
into the record?
Mr. Jorge Fernandez: No.
Mayor Suarez: OK, read the ordinance, Mr. City Attorney, please. Call the
roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI,
FLORIDA; SECTION 62-62(a) BY PROVIDING FOR THE WAIVER
OF APPEAL FEES RELATIVE TO CLASS C SPECIAL PERMITS
UNDER CERTAIN CIRCUMSTANCES; AND PROVIDING A REPEALER
PROVISION, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of July 31 1989, 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:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10645.
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.
155 September 28, 1989
-------------------------------------------------------------------------------
39. SECOND READING ORDINANCE: Amend 9500, Section 2034: "Community Based
Residential Facilities" - Refine definition, require Special Exception
to lower census tract cap on client, increase distance separation
between facilities to establish interior space standards, require
Special Exception for change of ownership, amend Definitions to
reference Florida Department of Health and Rehabilitative Services,
amend Principal Uses and Structures, require City Commission approval
for Special Exception for CBRFs, for convalescent homes, nursing homes,
orphanages, etc. (Applicant: Planning Department).
----------------------------------------------- ------------------------------
Mayor Suarez: PZ-12.
Mr. De Yurre: Moved.
Mayor Suarez: PZ-12 has been moved.
Mr. Plummer: Second.
Mayor Suarez: Seconded.
Mr. Joe McManus: Mr. Mayor...
Mayor Suarez: Yes, Joe.
Mr. McManus: For the instruction of the clerk, the Law Department is making
some grammatical corrections on page 8 of the ordinance, under paragraph 4,
under RG 2, to straighten out some language.
Mayor Suarez: OK, it's just non substantial?
Mr. McManus: Right.
Mayor Suarez: OK, we have a motion and a second. Any discussion? If not,
read the ordinance. Call the roll before he changes his mind and reads that
again.
AN ORDINANCE -
AN ORDINANCE AMENDING ORDINANCE 9500, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING SECTION 2034 "COMMUNITY BASED RESIDENTIAL
FACILITIES" TO REFINE THE DEFINITION: TO REQUIRE A
SPECIAL EXCEPTION WITH CITY COMMISSION APPROVAL; TO
LOWER THE CENSUS TRACT CAP ON CLIENTS, TO INCREASE THE
DISTANCE SEPARATION BETWEEN FACILITIES, TO ESTABLISH
INTERIOR SPACE STANDARDS AND TO REQUIRE A SPECIAL
EXCEPTION WITH CITY COMMISSION APPROVAL OF A CHANGE OF
OWNERSHIP; BY AMENDING ARTICLE 36, DEFINITIONS TO
REFERENCE THE FLORIDA DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES AND AMENDING THE SCHEDULE OF
DISTRICT REGULATIONS, PAGES 1 THROUGH 4, BY AMENDING
COLUMNS ENTITLED "PRINCIPAL USES AND STRUCTURES", RS-
1, RS-2 ONE -FAMILY DETACHED RESIDENTIAL: RG-1 GENERAL
RESIDENTIAL TO PERMIT CERTAIN COMMUNITY BASED
RESIDENTIAL FACILITIES TO DELETE A SPECIAL EXCEPTION
REQUIREMENT IN THESE AND OTHER RESIDENTIAL DISTRICTS;
RG-2 GENERAL RESIDENTIAL; RG-2.1 GENERAL RESIDENTIAL;
RG-3 GENERAL RESIDENTIAL; 0-1 OFFICE INSTITUTIONAL;
CR-1 COMMERCIAL RESIDENTIAL (NEIGHBORHOOD), TO REQUIRE
CITY COMMISSION APPROVAL OF A SPECIAL EXCEPTION FOR
COMMUNITY BASED RESIDENTIAL FACILITIES (WITH
EXCEPTIONS; FOR CONVALESCENT HOMES, NURSING HOMES,
INSTITUTIONS FOR THE AGED OR INFIRM AND ORPHANAGES;
SUBJECT TO THE REQUIREMENTS AND LIMITATIONS OF SECTION
2034; CONTAINING A REPEALER PROVISION, SEVERABILITY
CLAUSE, AND AN EFFECTIVE DATE.
156 September 28, 1989
Passed on its first reading by title at the meeting of July 31, 1989,
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:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10646.
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.
40. (Continued Discussion) DENY APPEAL BY PLANNING DEPARTMENT - Uphold
Zoning Board's approval of Special Exception to allow 42 construction of
surface parking lot at 3224 S.W. 23rd Street and approximately 3221 S.W.
23rd Terrace, with possible future expansion to include banquet hall for
adjoining restaurant (Victor's Cafe) (Applicant: Sonja Zaldivar) (See
label 36).
Mayor Suarez: What did we finally agree on PZ-9? Did we agree on PZ-9?
Mr. George Knox: Yes, sir...
Mayor Suarez: Counselor.
Mr. Knox: ...for the record, my name is George F. Knox, I am co -counsel with
Michael Anderson who's representing the appellees. After conferring with our
clients, Mr. Mayor, members of the City Commission, we're ready to accept the
limitation that is implied by the...
Mayor Suarez: Restriction of two hundred and fifty?
Mr. Knox: Well, not necessarily, but to indicate that we would not violate
any regulation by the use that is made up of the property.
Mr. Jorge Fernandez: What?
Mayor Suarez: That they would not violate any of our provision by the use
that is made of the property. Now, in plain language.
Mr. Guillermo Olmedillo: Can't do it anyway.
Mayor Suarez: What assurance do we get from that?
Mr. Fernandez: No, no, my recommendation to this Commission, if you're
inclined to deny the appeal, that you attach to that a condition which
condition will appear in the record and then later on subsequently, we will
reduce that to a covenant that would go with the land.
Mr. Knox: Well, the problem with a condition, quite frankly, is that and the
reason why we have indicated we'll comply with whatever the code permits and
are reluctant to tell you that we can limit the number of seats to 250 is
because to do that would effectively deprive the property owners and
management of a portion of the property. That is, they might be able to do
with the per parking that is permitted, they might be able to have 251, 252
seats, so all I'm saying is whatever is done will be strictly within the
permission that is granted by virtue of the relief that they are seeking here.
157 September 26, 1969
Mr. Plummer: Question? Based on 11,000 square feet, what is the required
number of parking spaces?
Mr. Olmedillo: One hundred and ten.
Mr. Plummer: And that is what they're providing. Is that correct?
Mr. Olmedillo: They're providing a hundred and ten. However, you have to
qualify that because the building is grandfathered with sixty...
Mr. Plummer: OK, my question is simple. I£ the 11,000 square feet require a
110 parking spaces, if, in fact, they increase that with a second floor to
22,000 square feet, then they're parking requirements are going to go up, is
that correct?
Mr. Fernandez: Not necessarily, because they can take...
Mr. Rodriguez: No.
Mr. Olmedillo: Not necessarily, because the transitional parking is excess
parking today so 64 parking spaces which are provided in the transitional
lots, will allow them to build 6,400 square feet of restaurant.
Mr. Fernandez: And then excess becomes required.
Mr. Dawkins: But only the present structure is grandfathered in.
Mr. Olmedillo: That is correct, sir.
Mr. Dawkins: Now, when you add to that structure, it's no longer the same
structure grandfathered in, is it?
Mr. Olmedillo: That is correct.
Mr. Dawkins: Why?
Mr. Olmedillo: Because that's new structure and it has to comply with
whatever rules and regulations we have in the code today.
Mr. Plummer: I'm losing something somewhere.
Mr. Rodriguez: The problem is this...
Mayor Suarez: OK, can anyone from the City Manager's office help us? You
know what we're trying to do, we're trying to keep this to a restaurant,
roughly around 250 seats and not a banquet hall with - 500, I think, was the
figure that Commissioner Plummer gave - is there any way that we can do that?
Mr. Rodriguez: I think that either you get a proffer from the applicant or
since this is a special exception, we have been advised by the Law Department
that you can condition the parking to be for required parking and the number
....-of seating arrangement to 250 seats. That's it.
Mr. Knox: The problem is that if you characterize it as required parking,
they can have many more than 250 seats and they have a right to do that and
the only thing that we are trying to do...
Mayor Suarez: You mean, if they change the use or as a restaurant?
Mr. Knox: As a restaurant and that's all we're trying to do.
Mayor Suarez: Oh, you mean, if you built the second story on it.
Mr. Knox: If they build a second story and it has some negative impact on the
parking requirements, what they're telling you is they will not do it. They
cannot do it. They will come back to the City and satisfy any requirement
that's necessary if they do anything with the property that will negatively
impact on the parking requirement.
Mr. Plummer: Can you take that in a covenant? Will that bind them?
158 September 28, 1989
r
Mr. Fernandez: Actually, what he's saying is that he's willing to comply with
future requirements of this Commission. Do you want to covenant that? You're
tell...
Mr. Knox: I don't think that a covenant is necessary. I think that if you
simply support and affirm the decision of the zoning advisory board and you
are assured that there will be no use made of the property nor improvements
made upon the property, no banquet facility built on the property that will
impact on the requirement that the City has for providing a requisite number
of spaces that is sufficient.
Mr. Fernandez: Well, assurances, Mr. Mayor and Commissioners, the only way to
enforce them and the only way you can take them to the bank, is by means of a
covenant. Mr. Knox is an honorable man and I'm sure he has a word that's as
good as gold but assurances for these owners - perhaps they can sell the land.
Mayor Suarez: Well, but with the wording that we proposed, can we not build
that in as a condition of a grant to the special use exception?
Mr. Fernandez: That you can do. That can be a condition of you denying the
appeal but my suggestion to you is that. to...
Mr. Plummer: Put it in a covenant.
Mr. Fernandez: In response to Mr. Plummer's earlier question, I'm telling you
that it would be legal and possible and appropriate for you to also request a
covenant.
Mayor Suarez: Yes, but if we can...
Mr. Fernandez: If you don't want a covenant, that's up to you.
Mayor Suarez: But if we can put it as part of the special use exception as a
condition to the granting of it...
Mr. Fernandez: That would be fine too.
Mayor Suarez: ...understanding that no rights are obtained that way because
we have secured for ourselves the right to call them to be in nonconformance
of the special use exception and we would have the ability to go in and
presumably stop their use if they violated it? I think we're protected.
Mr. Knox: I think you are too.
Mayor Suarez: Understanding it's not a - I know it's not a restrictive
covenant. I don't know why they don't want a restrictive covenant, but - at
this point...
Mr. Jim McMaster: Excuse me, have we established the fact that the site was
cleared and there was nothing on it?
Mayor Suarez: Yes...
Mr. McMaster: Did they then build a building which is grandfathered
nonconforming?
Mayor Suarez: Jim, we've gone through that and our planning and inspectors
and everybody disagree with your interpretation of it. What can we do?
Mr. McMaster: But, if we have a grandfathered nonconforming building which is
short on parking, they then will have to get a special exception in order to
put the banquet facility in because this is a grandfathered nonconforming
structure.
Mr. Plummer: What we're saying is, if they go beyond the 11,000 square feet,
they've got to come back before this Commission. That's what we're saying.
Mayor Suarez: If they go beyond the 11,000 square feet so as to create
additional parking under the code.
Mr. Plummer: Any requirement of any addition would require additional parking
would force a hearing before this Commission.
159 September 28, 1989
Mr. Knox: Yes, air.
Mr. McMaster: We'd like that part of the special exception.
Mr. Plummer: That is a condition.
Mayor Suarez: Yes, yes, yes, absolutely, absolutely.
Mr. Plummer: With that, I move...
Mayor Suarez: Yea, I'm glad you mentioned that and to sort of end with a
little final proviso that it has to come before this Commission if they should
want variation from that.
Mr. McMaster: As a special exception.
Mr. Plummer: Based on that, I move to deny the appeal.
Mr. McMaster: I think there's also an issue of an ingress and egress.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded on that. Now, is there an issue of ingress
and egress or did we resolve that? Is that even before us?
Mr. Plummer: I don't think it's a problem.
Mr. McMaster: No, sir, thanks.
Mayor Suarez: OK. With that proviso, we have a motion and a second. Any
discussion? Do we need to read an ordinance on this?
Mr. Fernandez: No.
Ms. Range: No.
Mayor Suarez: Call the roll. Special use exception resolution.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-865
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING
BOARD AND GRANTING A SPECIAL EXCEPTION FROM ORDINANCE
9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, ARTICLE 20, SECTION 2018, SUBSECTION 2018.2.1,
FOR THE CONSTRUCTION OF A SURFACE PARKING LOT FOR THE
PARKING OF PRIVATE PASSENGER VEHICLES ONLY AS EXCESS
(NOT REQUIRED) PARKING, AS PER PLANS ON FILE, FOR THE
PROPOSED RESTAURANT LOCATED AT 2340 SOUTHWEST 32
AVENUE, MIAMI, FLORIDA, FOR THE PROPERTY LOCATED AT
3224 SOUTHWEST 23 STREET, MIAMI, FLORIDA, AND
APPROXIMATELY 3221 SOUTHWEST 23 TERRACE, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); ZONED
RG-1/3 GENERAL RESIDENTIAL (ONE- AND TWO-FAMILY). THIS
SPECIAL EXCEPTION INCLUDES A CONDITION THAT A BUILDING
PERMIT MUST BE PULLED WITHIN TWELVE MONTHS.
(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:
160 September 28, 1989
i
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT% None.
NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES
CONSIDERATION OF PLANNING AND ZONING ISSUES.
------------------------------------------------------------------------------
41. RESCHEDULE REGULAR AND PLANNING AND ZONING CITY COMMISSION MEETINGS TO
BOTH TAKE PLACE ON NOVEMBER 16, 1989.
------------------------------------------------------------------------------
Mr. Plummer: Mr. Mayor, do you want to give consideration to the November
meetings?
Mayor Suarez: Yes.
Mr. Plummer: I think it would be in order what we've normally done, is have
two meetings in one and move it towards the center of the month.
Mayor Suarez: And the suggestion was November what, Aurelio? November 30th?
Mr. Plummer: I'll be out of town.
Mayor Suarez: That late in November?
Mr. Plummer: National League of Cities.
Mr. Fernandez: Try sixteen.
Mr. Plummer: Why not the 16th? One in the morning and one in the afternoon.
One meeting.
Mayor Suarez: It's going to be tough to do everything, but it is election
month.
Mr. Plummer: And I'm thinking about getting it over with.
Mr. Fernandez: It is election and it is Thanksgiving.
Mr. Plummer: And the runoff.
Mayor Suarez: When is the runoff date?
Mr. Plummer: Fourteenth.
Mr. Fernandez: The fourteenth.
Mayor Suarez: The 16th is what day of the week? -a Thursday?
Mr. Fernandez: A Thursday.
Mr. Plummer: Yes.
Mayor Suarez: How about the Monday or Tuesday after that to give some people
time to rest a little bit?
Mr. De Yurre: I'll be out of town.
Mr. Plummer: No....
161
September 28, 1989
Mr. De Yurre: The 16th is good for me.
Mayor Suarez: Well, we can always have a... OK, the 16th.
Mr. Plummer: I'll move it to...
Mr. De Yurre: Second.
Mayor Suarez: I'll entertain a motion on having both regular and planning and
zoning on the 16th.
Mr. Plummer: Well, no, no, no, both meetings on the 16th.
Mayor Suarez: Right. Moved and seconded.
Mr. Fernandez% It's both meetings on the 16th.
Mayor Suarez: Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-866
A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY
COMMISSION MEETING IN NOVEMBER, 1989 TO TAKE PLACE ON
NOVEMBER 16, 1989, COMMENCING AT 9:00 A.M., AND
RESCHEDULING THE SECOND REGULAR CITY COMMISSION
MEETING IN NOVEMBER, 1989 TO TAKE PLACE ON NOVEMBER
16, 1989 AT 2:00 P.M.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: We're on the budget item...
Mr. Plummer: Yes, for the record, one is at 9:00 a.m. and the other one is at
2:00 p.m.
Mayor Suarez: Thank you.
NOTE: AT THIS POINT, THE CITY COMMISSION RESUMES
CONSIDERATION OF THE REGULAR AGENDA.
42. SECOND PUBLIC HEARING OF CITY OF MIAMI FY 1989-1990 BUDGET.
A) APPROVE IN PRINCIPLE SPECIAL CADRE OF POLICE DEPARTMENT TO BE
CALLED "CITY RANGERS" - ALLOCATE FUNDS.
B) RECRUIT 50 INDIVIDUALS, 25 OF WHICH SHALL PARTICIPATE IN NEXT
FIREFIGHTERS CLASS - INSTITUTE MINIMUM CLASS SIZE REQUIRED.
Mayor Suarez: We're on the budget item which is item 14, proposed millage
rate and adopt a tentative budget of the City of Miami. I don't know at what
point, Lou, you want to make the presentation. We do have, after that - well,
the territorial limits, that wouldn't be the appropriate place, that's item
15. Right after that we have item 16 so you are welcome to make your
presentation, either one of those two, it really doesn't matter. Do you want
to make the presentation on 14? Please, we need quiet in the back of the
chambers, please. Go ahead, Mano.
Mr. Manohar Surana: Mayor and members of City Commission, item 14, discussion
of proposed millage rate and adopt a tentative budget for the City of Miami.
A, percentage increase in millage over rollback rate. Response two and sixty-
one, one -hundredth of one percent. B, specific purpose for which ad valorem
tax revenues are being increased. Response, partial funding for public safety
service as cost $2,442,070 - one hundred percent.
Mayor Suarez: What that comes out to be is basically the additional amount
obtained from real estate taxes from the prior year's budget, right?
Mr. Surana: Yes, sir.
Mayor Suarez: Because we're keeping the same millage rate so that, by
definition, would be that amount.
Mr. Surana: Yes, sir.
Mayor Suarez: All right.
Mr. Plummer: Mr. Mayor.
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: Mano, you tell me if I'm bringing this up at the right time. We
have discussed before about the creation of a special cadre of individuals to
take care of Bayside which we are required to do by contract, and those same
kind of individuals to take care in the downtown area. As the administration
has put forth, they would be called City Rangers. They are proposing that
there would be 15 of these for Bayside with two policemen as supervisors and
there would be almost a like amount of these individuals for the downtown
area. The funding would come from $300,000 of the DDA special account and the
City would come up with the additional $300,000 for the first year of
implementation. The total cost would be approximately $600,000 funded by the
two sources. It would free up approximr,.tely 20-22 policemen for special - not
for special, but back into regular patrol. This does, in fact, come with the
recommendation of the administration and the Police Department. Mr. Mayor, I
think that this is one of the ways in which we can get policemen back out on
the street and doing police duties. My question, I guess, is based on Mano...
Mr. Surana: Yes, sir.
Mr. Plummer: ...since it comes, the funding is coming from two different
sources, am I now in the proper for bringing this up? Hopefully, my
Commissioners will agree with me. Should I bring it up now and during DDA
budget? How do you handle this? Does anybody have any problem with it?
Mr. Surana: By the separate...
Mayor Suarez: Run it by me one more time. How do you propose to fund it?
Mr. Plummer: All right, the funding would be, $300,000 from the special
accounts of DDA and $300,000 from - special assessment district, I'm sorry,
you didn't put that in here - and $300,000 from the City of Miami.
163 September 28, 1989
Mayor Suarez: No, I think he was right when he said the special account. I
think what he's talking about is our capital budget. Is that what he's
talking about, Mano?
Mr. Odio: No, no, no. He's talking about the special assessment district
that was instituted...
Mayor Suarez: From the operating budget of DDA?
Mr. Odio: No, it's the special assessment that was passed to hire security.
Mayor Suarez: Oh, OK, I'm sorry. We had a special assessment district that
was pursuant to legislative action. All right.
Mr. Matthew Schwartz: For security that was approved last meeting.
Mr. Jorge Fernandez: Correct.
Mr. Odio: We'll amend it today, you can do it.
Mr. Plummer: Mr. Mayor, the main purpose of my involvement in this is the
fact that it would get 22 policemen out of the park and back out onto the
street which I think we dearly need.
Mayor Suarez: Absolutely.
Mr. Dawkins: The Rangers would be what, PSAs or what?
Mr. Plummer: They would be - I can give it to you. Their salary range would
be...
Mr. Dawkins: No, no, no, no. What would they be classified as on the City of
Miami's payroll?
Mr. Odio: They will be City Rang... we will classify them with that title.
They are slightly below a PSA.
Mr. Dawkins: All right, so now we're going to have policemen, City Rangers
and Public Service Aides.
Mr. Plummer: Correct.
Mr. Odio: What we're really doing, Commissioner, is we were going to have
with the $300,000 of the special assessment district, we were going to have a
security company hired. What I'm trying to do with this is - and working
together with the tourist people...
Mayor Suarez: Why not call them Public Service Aides is, I think, what the
Commissioner is getting at? Why have another whole category because Public
Service Aides somehow come in...
Mr. Odio: Because we're going to extend this to make them inclusive in
tourism -oriented areas and Tony Pajares will be working with them in training
them to deal with tourists.
Mr. Dawkins: Will they have to go through the drug test, through the
background test and all?
Mr. Odio: They will go...
Mr. Dawkins: Well, what you going to... well, what, you know, why create
another bureaucracy...
Mr. Odio: They will go - yes...
Mr. Plummer: Let me read, please. They have to be 18 years of age, they have
to pass a City physical including drug screening, possess a Florida drivers
license, undergo a comprehensive background investigation including a
polygraph, and have a high school diploma or a GFD. Those are the
requirements.
164 September 26, 1989
Mr. Dawkins: So you're recruiting for - I mean - the same batch of people
that have to take all of this, you recruit for PSAs out of that group, then
you go back and start another recruitment spending more money to send these
people through a background and what have you, when you could just...
Mr. Plummer: No, it would be the same...
Mayor Suarez: Why can't they be Public Service Aides?
Mr. Dawkins: ....more people to draw from?
Mayor Suarez: You can call them whatever you want. You can call them Park
Rangers if you want but they would be Public Service Aides. Why can't you do
it that way?
Mr. Plummer: I think, Mr. Mayor, that the difference is that these people
would be more intensely trained in tourist type kind of people.
Mr. Dawkins: All you have to do is train the PSAs in that special - all
right...
Major. Dean Dejong: Mr. Mayor.
Mayor Suarez: Major.
Major Dejong: Major Dean Dejong, Miami Police Department. The notion here
and what differentiates these from PSAs is that PSAs, first of all...
Mr. Plummer: PSAs are going to write reports.
Major Dejong: ...receive extensive, I'm talking about three and four months
of training. In this kind of program, the training would be more...
Mayor Suarez: Less law enforcement, more tourism?
Major Dejong: Less law enforcement, more tourism, public communication,
public orientation.
Mr. Plummer: Less training.
Mayor Suarez: Less training generally?
Major Dejong: Definitely less training generally. Second item on this is
that this is...
Mayor Suarez: Same testing?
Major Dejong: No, that's the other item on this.
Mayor Suarez: I mean, I don't mean testing as to proficiency, I mean as to
drugs or polygraph...
Major Dejong: All of that. Yes, all of that is, of course, part of it. But
they would not have to, for instance, they could wear glasses, as an example,
or things like that. The point is too, is that ultimately, at the starting
rate, they're probably that their starting salary is less than what a PSA's
is.
Mayor Suarez: I hope you do have in place at least to satisfy the
Commissioner's concern, at least have considered, supposing one of these wants
to become a Public Service Aide, what additional training? In other words, so
you don't have two totally separate bureaucracies, two totally separate
categories, two totally separate sets of requirements that somehow don't
overlap and don't work, don't mesh with each other, which would be crazy. I
mean, that they do sort of one fall in line with the other and progressively
get you to be a Public Service Aide which, hopefully, someday, we'll figure
out a way to use that training also for police officers.
Major Dejongs We can incorporate the part of Public Service Aide training
that these folks would need into the program.
Mr. Plummer: Do you need a motion, Mr. Mayor, to approve the concept and then
they amend the budget? I so move.
Mayor Suarez: So moved. It's a - yes, it's a variation on, actually,
probably, the appropriations budget but we're taking it with the millage rate.
Mr. Fernandez: It would, actually, not impact at all on the millage rate or
in the budget, it would be just...
Mr. Plummer: No, no.
Mayor Suarez: It can wait until we get to the appropriations, if you want,
but I .. .
Mr. Fernandez: Right.
Mayor Suarez: ...he's approving the concept. He's moving to approve the
concept. What about uniforms? What are they going to look like?
Mr. Odio: We're going to have a... I asked Matthew to have a contest among
the Miami designers and have them build them locally and they should be
attractive so that the tourists will see them very distinctly either in
Bayside and downtown areas.
Mr. Dawkins: And approximately how much would the uniforms... you know,
you're going to design another uniform for the PSA aides. I mean, you know,
maybe I'm... I don't know what my problem is.
Mr. Odio: I don't know either, Commissioner.
Mr. Dawkins: I mean you guys are sitting up here creating another arm of
bureaucracy when you could take the same PSA aides and if they qualify and
what have you, through the formal training that you give them, they could
become formal police officers. You've observed them and you've watched with
them, but now you're going to have some Park Rangers for the lack of a better
word, I don't know what they're going to be, I don't know what the
qualifications are. I mean...
Mr. Plummer: Miller?
Mr. Dawkins: Yes.
Mr. Plummer: Can I speak to that?
Mr. Dawkins: No, I'm through with it. You all go and call the roll.
Mr. Plummer: OK, the unifcrms and a...
Mr. Dawkins: Call the roll!
Mayor Suarez: We don't even have a second on his idea just yet.
Mr. Dawkins: I mean, it doesn't make sense.
Mr. Plummer: Call the roll.
Mayor Suarez: We're - he's having a hard time with the motion, it's not going
very far right now.
Ms. Range: Go ahead, Plummer. Nobody seconded yet.
Mr. Plummer: Oh, I thought Victor seconded it.
Mayor Suarez: I don't know. Commissioner - Mr. Vice Mayor, did you second
the moti%.:u of this concept?
Mr. Plummer: Did you second the motion?
Mr. De Yurre: Yes.
Mr. Plummer: Call the roll.
166 September 28, 1989
0 0
Ms. Range: All right.
Mayor Suarez! OK, we have a motion and a second. Commissioner Range.
Ms. Range: All right, a question. In the event this passes, now you're going
to spend money for training, is that correct? There's going to be a certain
amount of money spent for training these Rangers.
Major Dejong: Yes, ma'am, but that would be cost absorbed by us, by the
Police Department.
Ms. Range: All right, regardless to who it costs, it's money. Now, would
these persons, if they so qualify after a period of time, would they be
eligible to train for police officers with - you know, with not having to go
through the entire training for a police officer? What I'm trying to say is,
they will have had some training and if they wish to go forward, would that be
to their credit?
Mr. Plummer: Sure.
Major Dejong: It probably is not at this point. Understand that we have to
look at the training in more depth. The problem is that we need a certified
kind of training thing.
Ms. Range: Regardless to that, they're having some training and I'm .sure
whatever training they have would be a part of whatever the Police Academy
trains them in. The only thing I'm saying is, why take a Park Ranger after he
will have fulfilled his duties for a period of time and he expresses himself
as wanting to go into the regular Police Department, then take him from that
area and send him into the Academy to train just as you would a man in boot
training in the army when he's had all of that training? When he's had a
portion of it?
Major Dejong: Yes, the portions of it that he has had, in terms of the Park
Ranger's concept could be...
Ms. Range: Yes, that will go to his credit.
Major Dejong: ...go to his credit, yes.
Ms. Range: Very good.
Mr. Plummer: Call the roll.
Mayor Suarez: OK, we have a motion and a second. Any further discussion?
Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 89-867
A MOTION APPROVING IN PRINCIPLE THE CREATION OF A
SPECIAL CADRE WITHIN THE POLICE DEPARTMENT TO BE
CALLED "CITY RANGERS," 15 MEMBERS OF SAID CADRE TO BE
ASSIGNED TO BAYSIDE AND 15 MEMBERS TO THE DOWNTOWN
AREA; FURTHER DIRECTING THE ADMINISTRATION TO ALLOCATE
FUNDS AS FOLLOWS: (a) $300,000 FROM THE SPECIAL
ASSESSMENT OF D.D.A.; AND (b) $300,000 FROM THE CITY,
FOR THE FIRST YEAR OF IMPLEMENTATION.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
167 September 28, 1989
0
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miller Dawkins
ABSENT: None.
Ms. Range: I should have asked the question, Chief Anderson, is this with
your blessings?
Chief Perry Anderson: Yes.
Ms. Range: Thank you.
Mr. Plummer: It better be.
Mayor Suarez: OK, anything - Lou, if you want to start at this point or you
may wait for appropriations. However you want to do it.
Mr. Lou Kickasola: Thank you, Mr. Mayor, members of the Commission. I'd like
to open this up with a prepared written statement to read into the record and
at the conclusion of that, it's my understanding that there are other people
in the audience who wish to speak on the issue of the budget. Several weeks
ago, concerns were brought before this Commission about level of service the
Fire Department if providing to the taxpayers, tax paying citizens of the
City. I presented to this Commission a list which gave a running account of
the fire apparatus that are being placed out of service on a daily basis due
to manpower shortages. I advised this Commission at your last meeting that
there were existing vacancies in the Fire Department which the Fire Chief has
not filled. The Chief himself stated that there were presently 18 vacancies
that maybe he would have a class of new hires starting sometime in June.
Which means they would not be riding fire apparatus, for manning, until
sometime in August or September of 1990. I also advised this Commission that
come the first week of January, 1990, the Fire Department will probably see an
additional 20 vacancies occur due to retirements. So now you're looking at 38
vacancies with no one on board to maintain the proper manpower needed until
the end of 1990 which runs into the new budget year. The Fire Chief's
proposal shows him providing funding for filling of all positions but, in
fact, he hasn't fulfilled his own budget for his own proposal. Any by his own
statement at the last Commission Meeting, he has no intentions of doing so.
Why isn't the Chief being told to fill these vacancies in order to keep fire
trucks in service? Last year's budget stated that the Fire Department would
have 673 firefighters. The truth is, is that were more than 30 vacancies. We
now have 18 vacancies, more than enough to hire a new recruit class. Without
these new bodies, trucks will continue to be placed out of service just like
all of last year. If these requests to the Commission are not forthcoming,
then you're saying that you approve of t h fact that Fire Chief and the City
Commission are playing Russian roulette with the lives of the citizens of
Miami when the Fire Chief places fire trucks out of service every day because
he has no one on duty to ride those trucks. You're also saying to the people
of Miami that you accept the fact that the Fire Chief can present a budget to
provide full service to the citizens while, in reality, the Fire Department
never intended to fill its obligations to the citizens in the first place. We
are not here today to ask for more money but we are here to ask this
Commission to direct the Fire Chief to immediately fill the present vacancies
with off duty firefighters working overtime until the Fire Chief can graduate
classes of recruits to fill the vacancies. That he also be directed to start
the hiring process immediately in order to start a recruit class within the
next few weeks. Thank you.
(Applause)
Mayor Suarez: I have to say, it was an unusual proposal in the budget to have
a specific number - level of personnel and then not to expect to be able to
come to it during the year. I have to admit that. I don't know that I
disagree with the Chief on the level that we need and he seems to be satisfied
that we have a sufficient level but what is the level that you expect, Mr.
Manager or Chief or who ever's going to answer the questions on it? And when
do you plan to achieve it during the fiscal year, if at all?
168 September 26, 1989
Chief C. Duke: Colonel Duke, Fire Chief, City of Miami, 1231 N.E. 81st
Terrace, City of Miami. The Manager has agreed that we can have a class
sometime in June. At the present time, we've got 18 vacancies and to the
scheme of things...
Mayor Suarez: Which brings us down to what level existing manpower right now?
Chief Duke: Every apparatus would be in service...
Mayor Suarez: How many officers, how many firefighters?
Chief Duke: Six seventy-two, I believe, the exact number is. We've got
budgeted personnel, 672.
Mayor Suarez: How many do we actually have right now, Chief? -not budgeted?
How many do we actually have, people in the Department?
Chief Duke: Six fifty-four.
Mayor Suarez: All right, so we're 18 below our budgeted level of 672.
Chief Duke: That's correct.
Mayor Suarez: What is the projected level at the end of the fiscal year that
begins on October 1st in a couple of days?
Chief Duke: At the same number that it is right now.
Mayor Suarez: Six seventy-two?
Chief Duke: The six...
Mayor Suarez: You're budgeting for 672 for the fiscal year?
Chief Duke: Budgeting for 672 for the year.
Mayor Suarez: OK, when do you...
Chief Duke: But we will not have those positions filled...
Mayor Suarez: Until sometime when the...
Chief Duke: ...until sometime - we start the process in June.
Mayor Suarez: ...how big is the academy because you do have to take into
account attrition too, right?
Chief Duke: That's correct, we don't know what that attrition level will be
at this particular point starting the year.
Mayor Suarez: So you don't know how big the academy will be at this point?
So, it's a fair statement to say, in answer to your point, that most of the
fiscal year, we will not be at 672.
Mr. Kickasola: That is correct, Mr. Mayor.
Mayor Suarez: So it's somewhat of a fictional figure. We seem to be, at
least the Chief seems to be satisfied. The Manager, perhaps this Commission,
that 654 is an adequate level, I think it might have been a more correct
statement to say that's what we're budgeting because it's very close to the
end of the fiscal year when he's talking about having an academy.
Mr. Kickasola: I think what he stated last Commission Meeting and I think he
just stated is, he's not planning another class until June of next year.
Mayor Suarez: Right, exactly.
Mr. Kickasola: When that class starts, you're talking about another four -
month period before a man hits the end of that tail board.
Mayor Suarez: Which might be the end of that fiscal year.
169 September 28, 1989
Mr. Kickasola: So now, you're not even taking into consideration the possible
vacancies that are going to occur, not only for retirements, you have a chief
fire officer's exam slated for either February, March of 1990 and you have a
captain's exam slated for that year, which, in fact, creates vacancies at the
bottom when you do promote.
Mayor Suarez: I would hope not, I mean, if they take the exam and they pass
and they become captains or whatever, they can still do the same work.
Mr. Kickasola: What I'm telling you the vacancies are real, its...
Mayor Suarez: Are they prevented from doing the same work?
Mr. Kickasola: They have different types of work.
Mayor Suarez: We've been arguing that they should be doing a lot of the same
work, have we not? Because that's the way I feel about it.
Mr. Plummer: Let me ask a question. Mr. Manager, 18 vacancies in this year
as we close this fiscal year in three days. What has happened with the money
that has not been used to fill those vacancies?
(Applause)
Mr. Odio: As I said in the meeting before, we had to contribute a million
dollars, approximately, to save their insurance account because they went
broke and we had to salvage that part during this year, plus we did not have
budget that we gave them the firefighters allowance.
Chief Duke: The fire prevention pay?
Mr. Odio: The fire prevention pay which was additional to what we had planned
in the budget for this year so that money went - the salary savings, if you
call it that way, went to pay for the insurance and the fire prevention.
Mr. Plummer: What is the budgeted positions in this upcoming budget number?
Mr. Odio: Six seventy-two.
Mr. Plummer: OK. Now, for all practical purposes, those 18 vacancies, plus
more, will be for this entire year if you start a class in June - June, July,
August, September - they will not be on until the next budgeted year.
Mr. Odio: That's right.
Mr. Plummer: That would be 90-91.
Mr. Odio: Yes, sir.
Mr. Plummer: Now, what is going to happen with that money?
Mr. Odio: We feel that we can manage through this year like this way. I feel
it's a priority of management to decide what the manning numbers should be and
not of the union and the Chief, with his staff, decided clearly that they
could operate the department this way.
Mr. Plummer: That's not my point.
Mr. Odio: And the budgeted dollars covers the figures of six fifty-four for
most of year.
Mr. Plummer: The budgeted figures are for six fifty-four or for six seventy-
two in the upcoming budget?
Mr. Odio: We have to wait until January, Commissioner. I'm reluctant,
because I don't know how many of these people are going to retire. Once we
know, then we can bring people.
Mr. Dawkins: But that's my question.
Mr. Odio; We might decide to...
170 September 28, 1989
Mr. Plummer: If none of them retire, there are still 18 vacancies carried
over into the following year.
Mr. Odio: Yes. And we feel we can operate with 654. What we're planning to
do, once we know the retirements in January or February, then we might, if we
need to, bring another class earlier than that. We have enough recruits or,
you know, people that took exams to know that we could bring them in at any
time. But I don't want to do that until we know how many people are retired.
Mayor Suarez: Yes, Com...
Mr. Plummer: But the point... excuse me, I'm sorry, the point I'm trying to
make it's something I'm losing. We know right now there's 18 vacancies. We
know there's not going to be any less because all of next year, those are
going to be remaining vacant because the earliest, based on a June class,
would be October 1 of 1990-91 budget.
Mr. Odio: Right.
Mr. Plummer: Now, normal attrition - I don't remember what it was, I should
remember when I was on the pension board...
Mr. Odio: We don't have that many.
Mr. Plummer: ...but it's maybe one or two a month. Am I in the ball park,
Chief?
Chief Duke: We're anticipating somewhere between 15 and 20. It's - the
number has been juggled down this year from what we had originally
anticipated.
Mr. Plummer: OK, if I accept that you can operate at a 654 level, are you
also telling me that you feel that you can safely operate at a 634 level
because that's in reality what we're saying? Eighteen plus the additional 20.
That would bring you down, at best, to the 634 level before you have another
man out of a class. Now, the question I'm asking, based on your comments and
the Manager, are you telling this Commission that you feel, in your
professional judgment, that you can operate your department in this City at
the level of service these people are accustomed to at 6347 That's the simple
question.
Chief Duke: My response to that would have to be exactly as I said at the
last Commission Meeting. The system that we use this year, which the union
addresses as Russian roulette, is a system that we can use to get through with
the tight budget that we're using this year. The numbers this year of fire
deaths is still at one and we're somewhere around two and a half million
dollars of fire loss. As I had said earlier, the Commission, the Mayor and
the Commission, have supported the Fire Department over the years. Hopefully,
when we get to the point where we can absolutely not maintain the standard of
service that we have, I'll go to the City Manager, he, in turn, will come to
the Commission, and we will try to increase the number of manpower that we've
got.
Mr. Plummer: Chief, a firefighter to the taxpayers of this community, if I'm
not mistaken, represents fifty? -well, I put forty, so let me go to fifty.
OK, so you're talking about $900,000. Now, the point that Kick made is that a
consideration, since that $900,000 that you will have in your budget next
year - that it doesn't look like any way can be used except for the paying of
the firemen while they're in training. If the need came about, can that
salary savings be used to hire off duty firemen to work on duty?
Chief Duke: I would have to say no.
Mr. Plummer: Why?
Chief Duke: With lack of any information. Because the budget that I've been
given is a 45.2 million dollar budget that...
Mr. Plummer: Chief...
Chief Duke: ...the Manager has directed me to stay within the concerns of.
.; 171 September 28, 1989
Mr. Plummer: Chief, I don't agree with that. As I see it, you will have an
additional $900,000 next year. Because at the best that you will have now -
unless you're telling me that you've not budgeted for a full 12 months. You
did not. Ah, then we're not playing apples to apples.
Mr. Odio: No, we budgeted in actual projections. And I don't mind saying
that.
(Applause)
Mayor Suarez: Please.
Mr. Odio: And that's why we need to bring a class in June and not before.
Because...
Mayor Suarez: OK...
Mr. Dawkins: Mr. Mayor...
Mayor Suarez: All right, we got straight that we don't have really have 672
budgeted. Commissioner Dawkins.
Mr. Dawkins: Let's say we have 18 men that are short. From his calculations,
there'll be 20 retirees or attritions. So, even if we - Mano get your
calculator - even if we split the 20 in half and come up with ten, we got 28.
OK? Multiply 28 times 50, you're going to come out, almost, with the nine
hundred. What did you come out with? Hmmmm?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Dawkins: OK, the consensus here is, what are we - that's all of us -
going to do with the $840? The men are - no, no, no, they are concerned that
if you don't have it, I don't mind bursting my hump, I'll do whatever I have
to do, but if you have $800,000 budgeted for the Fire Department's budget, and
you're not using it, what?
Mr. Plummer: He's saying that he didn't budget it. That's for a full twelve
months. They're only budgeting it for four months. That's what he's saying.
Mr. Dawkins: OK, hold it, say what now?
Mr. Plummer: He's only budgeting for - you and I were talking for a full 12
months...
Mr. Dawkins: OK.
Mr. Plummer: That represents the $900,000.
Mr. Dawkins: OK.
Mr. Plummer: He did not budget $900,000, he budgeted for 4 months or a fourth
of that or roughly two, twenty-five.
Mr. Dawkins: And the four months were budgeted to do what with?
Mr. Plummer: From the class starting in June until the end of the class
starting October 1 when they would be on the floor.
Mr. Dawkins: And so, that amount of money covers the training, the purchase
of the uniforms, the putting the people on the streets. You can do that with
the four months' money that you got budgeted?
Mr. Plummer: That's all he has budgeted, that's the problem.
Mr. Dawkins: Well, see... beg your pardon?
Mr. Plummer: He only has the four months budgeted.
Mr. Dawkins: That's not my question.
Mayor Suarez: What other cost could possibly be associated that you have -
that would go with the training class in terms of uniforms and equipment and
so on? Those part of a separate budget, otherwise budgeted for?
172 September 28, 1989
Mr. Plummer: Xavier, you're paying them full while they're going through the
school.
Mayor Suarez: Right, I understand that.
Chief Duke: Those figures would be covered by the existing budget that we
have in place at this time. The dollars that we're talking about here would
be primarily salary.
Mr. Dawkins: OK, now, all right. I'll ask one more question and be finished
with this. How many trucks, Lou, you say are out of service?
Mr. Kickasola: On a daily basis, either one or two or even more.
Mr. Dawkins: All right, let's ,just take two. Are they at the same station?
Mr. Kickasola: No, sir, sometimes there will be aerial 10 or aerial 8 or a
combination of both, aerial 10 and hose 8.
Mr. Dawkins: Chief, how is it - first I want to ask you if it's a fact, OK?
And if it is a fact, how is it that we have a unit everyday that is unmanned
or quote, cannot function because it does not have the manpower? How did that
happen, sir?
Chief Duke: The breakdown that we have got since we graduated the last class,
8/19 of this year...
Mr. Dawkins: Hold it and let me go another way, OK? How many shifts a day at
a station?
Chief Duke: How many shifts a day at a station? One shift.
Mr. Dawkins: Yes, at a station, at any station.
Chief Duke: One shift.
Mr. Dawkins: Huh?
Chief Duke: One shift.
Mr. Dawkins: One shift per day?
Mr. Plummer: Twenty-four on and 48 off.
Chief Duke: It's a 24-hour shift.
Mr. Dawkins: One 24-hour shift per day. OK? Now, so how many station do we
have?
Chief Duke: Twelve.
Mr. Dawkins: Twelve. So, at 12 stations, we got 24 men. So now what I'm
being told is, out of the 12, it's one of these stations that cannot man a
truck because they don't have the manpower. How does that... I mean,
somewhere along the lines, somebody should pick up and say, "Well, hey, look,"
as they say something, "Why?" Why does that happen?
Chief Duke: The reason that it happens is that we have X number of
firefighters that are budgeted for the positions. We try to ride with a
constant manning on each of the apparatus so that we have the built in safety
factor for each of the firefighters and the assumption that we have to draw
is, that it's safer to ride with the level of manning that we have than it is
to ride with short manpower manning on each apparatus.
Mr. Dawkins: Is there...
Chief Duke: We have aerial 10 which is in the west end of town that averages
less than one run a day and it typically is the apparatus that we put out of
service.
173 September 28, 1989
Mr. Dawkins: Is there any method that says that with 24 men at 10 stations,
240 personnel report per day, that it would be sensible to say that of that
240, ten will report sick. How do we replace the ten that call in sick?
Chief Duke: We don't. Not under the system that we're using right now.
Mr. Dawkins: Then there's a possibility that the - where the trucks are
short, they're short because we do not have anybody there because an
individual is ill.
Chief Duke: That's correct. It takes a...
Mr. Dawkins: So we do not have a policy that would cover a man being ill or a
woman.
Chief Duke: It takes 114 people, firefighters per day in the fire suppression
units to man all the apparatus. Twenty-seven people assigned to rescue to man
the nine rescue units. When we fall below that, we typically put an engine
company or an aerial company out of service in fire suppression and constantly
man the rescue units. I have taken the position and I, you know, accept the
position that I have put apparatus out of service as opposed to dropping
manpower on apparatus. I think that that is the much safer position for the
citizens of Miami. This posture has put us in the situation that, you know,
that we're in now. I think what we're dealing with is a situation whether
we're actually taking the salary savings up front because typically if the
firefighters were budgeted for at the beginning of the year, you would show
the loss at the end of the year. And I think that what we're dealing with now
is the attrition is already there and then we're looking at the budget value
at that point.
Mayor Suarez: Now, a lot of the calls, the rescue and an engine typically
respond when it's - well, at least a lot of the calls that I've witnessed - so
you have how many personnel, typically, between the two apparatus that I just
referred to, rescue?
Chief Duke: We ride four on aerial, four on engine and three on a rescue.
Mayor Suarez: So it would be, maybe, seven.
Chief Duke: Depending on the call, yes, sir.
Mayor Suarez: OK, have you contemplated, I believe you and I have discussed
this briefly, but I just want to put it on the record, have you contemplated
different kinds of vehicles or apparatus that would allow for a much smaller
manning and that still would have the effect of getting to the scene of
typical emergencies that we have, most of which are now fires as it turns out,
and it might be a lot closer - actually it could even have some patrolling all
the time like the Police Department does.
Chief Duke: The difference in the apparatus are when we have an engine
company or an aerial company that would respond on a rescue situation, a
rescue run, we're trying to move into the squad trucks which are smaller in
size, they're less expensive, the wear and tear is not as costly on those
units, easier in and out of traffic.
Mayor Suarez: Let me tell you something. I don't know what the national
trend is, I know that in some cases, the national trend may be to have normal
eight hour shifts instead of 24-hour shifts and so on, and I'm not sure that
we're ready to go to that. But, I will tell you that I would not be surprised
at all if a lot of fire departments started considering much smaller vehicles
than the ones that we're using with much less manpower, including seven or
eight as you and I discussed that are patrolling the City where individuals
can get very quickly to the site of an emergency because I've now concluded,
and I don't know that I have the figures to back it up statistically, but it's
fairly evident from being at the stations and from the rough figures that I
have in my mind, that 80 percent of the time the calls are not for fires, per
se, and that many, many of the - even as to an engine being called, let alone
a rescue vehicle, which typically doesn't go out for fires, although maybe
they join an engine. They join an engine if we have the availability, of
course. And, you know, there's a whole - and I hope that everybody in the
department recognize$ this - the day that we, as policy makers and the
administration and the management of the City of Miami conclude that we want
174 September 28, 1989
to go to a whole different kind of system, or at least evolve toward a
different kind of system, where we have lot smaller vehicles - we will do
that, and that may or may not be the subject of collective bargaining, I
really don't know. I suspect not. It's just a little bit like the Solid
Waste Department when we told them we were going to change the system of
pickup. They said, "You can't do that," and we said, "Why not? And they
said, "Well, we've been doing it that way for 20 years" I don't care if
they've been doing it that way for 200 years, we're going to try to do it in a
most efficient way that we deem to be and, you know, that's something to be
considered and I'm happy that the Chief is at least open to those
possibilities. Just like the Police Chief had to be open to - and some police
chiefs didn't like the idea - of decentralizing the Police Department and
having mini -stations and substations.
Mr. Plummer: Wait, wait, whoa, whoa. Hold on, you'll get your chance.
Chief, let me ask you a question. You just made a statement and somewhere I'm
lost here. You made a statement that the average manpower on the floor is 114
a day.
Chief Duke: It takes 114 a day to have all the apparatus in service.
Mr. Plummer: OK, and you say that it takes 27 for rescue.
Chief Duke: That's correct.
Mr. Plummer: Based on my calculations, that's 423 for all 3 shifts.
Chief Duke: That's...
UNIDENTIFIED SPEAKER: That is the Chief's office.
Mayor Suarez: Please. Please.
(Applause)
Mr. Plummer: My next calculation said that you indicated you had 12 in the
hierarchy.
Chief Duke: Correct.
Mr. Plummer: Where's the other 137?
Mayor Suarez: Please, please, please.
Chief Duke: The structure that we live under it takes 4.22 individuals to
fill one position with the sick time that someone is allowed off, with the
amount of other benefits that go along with that.
Mr. Odio: We went from 50 hours to 48 hours a year ago through bargaining
sessions and that added meant we needed more men to cover the City.
Mr. Plummer: OK...
Chief Duke: One other issue that, in the time pool alone, the union time pool
alone, to date, this year, we've had 118 twenty -four-hour shifts that union
members have been off on union time pool. That's a benefit that's given the
union hierarchy.
Mr. Plummer: OK, my final question, where I might agree or disagree, and I'm
going to beg the Mayor to go out and start going to some of the fires because,
Mr. Mayor, in a full assignment, rescue always accompanies a full assignment.
(Applause)
Mr. Plummer: Chief, I'm not opposed to change. Times change, things change,
but let me tell you the one thing I'm never going to change, and you'd better
be able to stand there and tell me now, next year, this Fire Department is
never going to seriously, in any way, drop its first class rating.
(Applause)
Mayor Suarez: Please, please. All right...
175 September 28, 1989
El
Mr. Plummer: Wait a minute, that demands an answer.
Chief Dukes My statement to that is that the budget that the City Manager has
given me this year to live with will not reduce our class one rating in this
coming fiscal year.
Mr. Plummer: Thank you.
Mayor Suarez: OK.
Mr. Shorty Bryson: Shorty Bryson, secretary -treasurer of local 587. Mr.
Mayor, we appreciate your comments about change. You obviously haven't been
educated enough yet about what firefighters do. I'm glad you've gone out and
ridden in the stations, but these people know what firefighters do. I'll tell
you something, they're not here to try and get benefits today. They're not
here trying to get a raise. All they're trying to do is have you all and that
man staff the fire trucks. We want to provide the service, we don't want to
play Russian roulette with the citizens' lives and end up with that on our
hands and this is our way of putting the buck on you. Now, if you want to do
it, make your decisions today, but everyone here is going to hear you and I'm
going to hear you and I'm going to remember and when it happens, we're going
to point the finger at you.
(Applause)
Mayor Suarez: Anything further, Lou?
Mr. Kickasola: No, other than the report on the... he responded about the
union time pool. I must admit, yes, we do use union time pool, but to use
union time pool is because we represent these people out here ill the audience.
Mayor Suarez: How many firefighters are on union time?
Mr. Kickasola: You're talking about the executive board or four principal
officers, myself included...
Mayor Suarez: Total.
Mr. Kickasola: There's one that's off all the time, the president. He's off
full time to do the duties.
Mayor Suarez: How much total time besides the individual who is full time?
Mr. Kickasola: It's scattered. There's people that are off that I need,
either...
Mayor Suarez: What is the equivalent, in full time equivalent, if you have
it?
Mr. Kickasola: I don't have the figures in front of me. I can supply them to
you.
Mayor Suarez: OK. All right, Commissioners, anyone else from the general
public or from the department? Yes, sir.
Mr. Brad Dougherty: My name is Brad Dougherty, and I'm speaking on behalf of
my parents who reside at 3691 N.W. 19th Terrace and they've been there close
to 40 years. The Chief mentioned the fact that they would like to place
certain trucks out of service because an area does not necessarily use it as
much as other areas and if, in fact, that's true, I'd like to propose to you
that you reduce their taxes accordingly. They pay the same Fire Department
tax or millage that everybody else in the City pays, and I believe they're
entitled to have a fire truck there in the event that it becomes necessary to
provide that service which they have been paying for. Additionally, I would
like to ask each and everyone of you directly, how many times that you have
done cardio-pulmonary resuscitation on an individual, or tried to carry
somebody out of fire, or pull somebody out of an automobile wreck where
several people are injured. You talk about reducing manpower, you're talking
about people's lives, whether they be a fatality or serious injuries.
Sometimes the service we provide prevents long term injuries and items related
to that. I don't want my family or any other citizen in the City of Miami to
176 September 28, 1989
0 0
suffer as a consequence of you cutting manpower. If you people want to die or
suffer an injury as a result of a service that's not there, that's fine. But
I think you have an obligation to provide each and every citizen who resides
in the City the same level of service. If you're going to cut it in one
neighborhood, cut it in all the neighborhoods. Take a truck out of every
neighborhood and see what happens. I don't think you should reduce the
service in one area just because they don't use it. They do pay a tax and you
people are obligated to ensure them that service and once again, I'd just like
to end it with, when you fall down in the street because you have a heart
attack ani two firemen arrive and can't do what needs to be done to save your
life, then maybe you'll think back that you should have staffed the fire
trucks and provided the monies necessary to provide the service to the public.
We're not talking about material products, we're talking about people's lives,
and there's no monetary value that you can place on a person's life.
(Applause)
Mr. Tom Gabriel: Tom Gabriel, local 587, second vice president. I'd like to
bring the conversation back to where it belongs and that's with the money.
This is a budget hearing. We are 18 short. The taxpayers are being told that
those 18 people are there, they're not. Come January 1st, by the Chief's own
projections, there will be 20 more. Those people, the taxpayers are told that
they're there.
Mayor Suarez: No, that part wouldn't be necessarily correct. His projections
would be 20 maybe during the span of the entire fiscal year which ends October
of next year. Or, I suppose it could be at the beginning of the year.
Mr. Gabriel: You could argue the point, Mayor, but either way, those
positions were budgeted, you sent out notices telling those people that that's
what they're paying for. The monies got to go somewhere and we feel that• it
should go towards where you say it's going to go to. Now, the City Manager
might have said that he was budgeting for four months. We've never had a
class that I know of that was 30 some people to catch up all at once. We need
those people, we need them now. The people at aerial 10 where the Chief has
been taking the truck out of service, is over at LeJeune and 7th Street.
That's an aerial truck. There's a hell of a lot of big buildings over there.
The next one that's closest to there is down at Beacom Boulevard. There's
been a lot of hotel fires, there's been a lot of bank fires, and you can't
blame the firemen if somebody gets killed in there. We're not asking you for
any benefits, these people don't gain anything by it except the chance of
getting less hurt because the more manpower, the less chance of getting hurt.
What we're asking is for what you told the citizens you were going to get and
that's more money for the manpower to bring it up to the level that you're
telling them. Thank you.
(Applause)
Mayor Suarez: Ma'am.
Ms. Mary Morin: Hi, Mary Morin, 1240 N.W. 33rd Avenue. I'm the wife of a
firefighter, but that's not really why I'm up here. Now that I'm up here and
I realize that I'm being taxed for "X" amount of firefighters, I don't, you
know, the number doesn't really matter right here, but I'm not getting that
service and I do live in the area of aerial 10. It hasn't happened, but what
if it does? I really feel that you are taking a chance with my life, my
baby's life, my husband's. I don't understand why if the money is already
there, why they're not using it? You know, I don't care about the insurance.
If a plane goes down, I mean, aerial 10, that's like right next to Miami
International, plane goes down, believe me, we're going to need that aerial.
It doesn't go down everyday, but it's going t•o happen. Sooner or later, it
may happen, God forbid, and we're going to need it. And that is an issue that
I think right now it should be, it's like I don't want the money for the
insurance because the insurance went bankrupt last year, you know, or
whatever. I want the firefighters on the floor. If that money is already
there, there should be really no issue here. Let's get them on.
Mayor Suarez: OK, thank you.
(Applause)
Mayor Suarez: Sir.
177 September 28, 1989
�i
Mr. Dan Givens: My name is Dan Givens. I'm a captain with the Fire
-' Department. I work at station 5 on the B platoon. I'm here to speak in
behalf of my mother and father who could not attend, they're at a Miami High
Edison game that's going to happen tonight. They live at 3095 N.W. 3rd
} Street. I was born and raised there. My father worked 24 years with the Fire
Department and paid taxes at that address. Ladder 10, along with the other
companies at 10 and 7 happen to serve his area. My grandmother graduated from
Miami High, my mother graduated, I graduated. I've been a resident for a
_ while now. Right now I'm not living - I'm living in Dade County but my point
is, you have a fire truck that somebody happens to arbitrarily pull out of
service that serves an area that is much in need of that apparatus as any
other apparatus. That apparatus, if you look on a Eire need basis, by the
computer printouts won't show a need because they have a fire safe area in
that general vicinity. Other trucks get used more is the reason why the chief
chose to take that one out of service. You can't take a truck, an insurance
policy is what it is, out of service in an area where when the need does
arise, you can't provide it. The next closest aerial is on Beacom Boulevard
near Miami High School. To respond to an address out around 67th Avenue at
5:00 o'clock traffic, they're not going to get there in time. If it's above a
24-foot extension ladder, which is carried on engine 10 right .now, they can't
get to it. What I'm asking you people is to provide a service in that
community that you provide in all the other communities. My people - my
personal family have been paying taxes for over 60 years at that address. My
mother was born in the house next door to where she's living now. And I'd
appreciate your consideration.
(Applause)
Mr. Mariano Cruz: My name is Mariano J. Cruz, I live at 1227 N.W. 26th
Street. I live there for about 30 years already. I live in the City of
Miami, I pay taxes to the City of Miami, I am concerned about it. I didn't
know anything about this till today, till I sit here. I concerned, I, my
neighborhood won't be receiving some kind of services that I am entitled to.
I don't asking for more or less, I want the same treatment that any other
neighborhood was call in to Fire and Rescue, and that's true what you
remember. Because I remember the airplane that fell down on 36th Street and
35th Avenue years ago. That's within City limits because 36th Street belongs
to the City of Miami - and the one at 32 and 28 in the Allapattah neighborhood
too. So I live in that corridor around there. So, I say, as a taxpayer of
the City of Miami, and resident of the City, I am asking that you support the
Fire and Rescue service to the level that we are entitled and that we pay
fully. Thank you.
(Applause)
Mr. Sam Stone: My name is Sam Stone. I'm a fire lieutenant, City of Miami.
I've been here for twenty-five and a half years as...
Mr. Plummer: Too damn long.
Mr. Stone: Thank you, sir. Next time we won't set your leg for you. Twenty
five years ago when I signed on this job, there was two fire stations within 2
minutes of this building capable of providing 25 men right now, regularly, on
a regular basis. Understanding there's only one local fire station now. This
one local fire station is typically capable of only providing 8 men to this
building. You got to understand, we're a crisis oriented department. It's
our job to provide large numbers of men because fire fighting is hard work.
It's not like pushing a pencil. We're now 200 men below what we were 25 years
ago. The numbers of people in the City have grown in a quantum amount. How
are we going to provide that kind of service when everything that happens?
There's 10 times as many rescues as there were then. There's 10 times as many
staff as there were then and all of it came out of fire fighting. We are
seriously below what we were then and at the time we were worried about being
able to deliver a level of service we could in a proper manner.
Mr. Plummer: Sam, at that time, you only had one rescue.
Mr. Stone: Yes, sir, we now got ten tithes as many, and every one of those
rescue trucks came from fire fighting.
178 September 28, 1989
Mr. Plummer: And if you didn't transport 13,000 people and you put it where
the county is got the responsibility, you'd have more manpower, a lot more
manpower available.
Mr. Stone: But we're still crisis oriented, Mr. Plummer, and the thing is,
when you need firefighters, you need a bunch of them right now. Such as, we
went to the Miss Florida over there on 79th Street Causeway, and who provided
us with the water to fight the fire? -the county did because we didn't have
enough trucks on the scene.
(Applause)
Mayor Suarez: OR, firefighter.
Mr. Ruben Bargueiras: Commissioners, my name is Ruben Bargueiras. I've been
a firefighter for six years, work out of station six. I don't what the
problem is, I don't know if the City Manager has problems budgeting the City.
I don't know what the problem is, but he shouldn't take a department which
deals with life and death situations, OR, and limit their budget, OR, just
because there seems to be problems as far as financial problems running the
City. I don't know anything about it. It appears to me that they're having
problems and they're trying to somehow manipulate money where it's only four
months instead of 12 months like we're accustomed to and they're using all
kinds of formulas and the chief is changing things, using privates to do the
job of officers, OR, because they don't want to pay for the promotions that
are supposed to be. There's a lieutenant's list and they took seven privates
and they didn't promote them. They got them swinging around acting, paying
them 5 percent instead of 15 percent. And I'm on that list and that's unfair
to me and it's unfair to those men that studied for that test, and it's unfair
to the citizens that they deserve, OR, an officer that deals day in and day
out and has been trained and so forth in that capability of providing that
service and now you got privates doing that. That's never been done in the
history of the Fire Department as far as my knowledge is concerned. We've
increased in runs in the past six years 70 percent; 70 percent more runs. You
say that we don't do enough, Mr. Mayor. I don't know why. I don't know what
led you to believe that. We've increased 70 percent in runs. Our load has
increased 70 percent. We do more inspections, we do G-21s, if you're femiliar
with them, which brings in revenue to the City, OK? I just don't see why, if
we increase 70 percent, we have decreased in manpower in the past six years
and increased almost a hundred percent in our workload. When the Police
Department increased, they increase according to their crime and their runs.
Why don't we?
(Applause)
Mayor Suarez: Please, please. Commissioner Range.
Ms. Range: Mr. Mayor, what I'm about to say, I certainly do not expect any
plaudits from this audience, but I'm going to say it because I feel like it
needs to be said. This morning we approached the Fire Department from a
completely different aspect. I realize that this is a budget hearing and is
probably not of interest at this particular time. I heard one of our
Commissioners, Commissioner Plummer, say that we don't ever intend to be less
than a first class Fire Department, and I would fully agree with that. I
would fully agree with giving to this Fire Department the highest dollar that
we possibly can in order for it to carry on its duties and to protect your
life as well as mine. I do not think that too much can be accomplished as
long as we have the kind of conditions existing in this Fire Department as we
have. The open hate, the bigotry, discriminatory practices, some of our
people being thrown out of the department by the union. All of these things.
If we expect to be looked upon as a first class Fire Department with the
highest possible dollar that can possibly be had, then ladies and gentlemen, I
say to you that I feel that the time has come that these kind of differences
be settled here and now. We speak of saving lives, but how can we go out and
earnestly work hand in hand, one with the other, when there's hate in our
hearts because a man isn't the same color or he doesn't speak the same
language or we don't like the shape of his nose? What is to stop any of us
from just sliding the ladder over just an inch and having somebody fall to
their deaths because of personal vendettas. Yes, yes, personal vendettaat
(SHOUTS AND NEGATIVE RESPONSE FROM AUDIENCE.)
179 September 28, 1989
y
Mayor Suarez: Please, please, please.
Ms. Range: I don't expect your plaudits and I'm not here for that.
UNIDENTIFIED SPEAKER: You're right.
Mayor Suarez: Pleasel
Ms. Range: But I'm here - I am here to say what is continually going on in
this community, and I too would like to see a first class Fire Department, and
I've said my piece, Mr. Mayor, and I feel that it needed to be said here so
that everybody could hear it.
Mayor Suarez: Thank you, Commissioner. OK, anything further, Commissioners?
If not, we're going to move on with the budget. Sir, do you want to make a
statement?
Mr. Kim Robson: Yes, minor statement. I'm Kim Robson, I've been with the
Fire Department for 17 years, and I've been in Mrs. Range's territory for over
twelve. In fact, I've been to your house a few times, if I remember right.
As for hatred in the Fire Department, it's not like people think 1t is. t'*
have people in our station that are black, white, Latins, it doesn't m.`}
When you get to the scene, it is one unit responding.
(Applause)
Mr. Robson: I also want to say there was a fact or something that was raised
today about seven, I think seven men responding on a rescue run. If you have
you ever been to a mass accident where a heart attack or cardiac arrest,
everyone of those men are used. I mean, they're used, taxed to the max no
matter what time it is. I've seen where people have been on accidents where
"X" units have been called, people have gone back on service when they've been
_ off for some reason or another, to help cover those runs. I see where the
amount of runs increasing is so great and the work load is so great that
unless you ride some of the busier trucks, not this aerial 10 which is a vital
section of town, if you respond with these people, you will see what the work
load is. It's not easy, it's hard. We have some problems in the Fire
Department but we are together as a unit, I don't care what race you are, what
nationality you are. I resent the fact that it's perceived elsewhere, some
other way, because I -think it's wrong because we are not like that.
Mayor Suarez: Thank you for your statement.
(Applause)
Mayor Suarez: Lieutenant.
Mr. Freddy Fernandez: Mr. Mayor, Commissioners, my name is Freddy Fernandez,
I'm a fire lieutenant. I also live in the City of Miami, 1910 S.W. 32nd
Avenue. My parents have paid taxes in the City for about the last 25 years.
Mr. Mayor, recently you had a chance to come up to station nine and you rode
my truck, hose nine. While you were there, you witnessed a cardiac arrest
that we worked on, and you witnessed whites and blacks working together, if
you remember, and you did witness seven people working trying to save a man's
life. Is that correct?
Mayor Suarez: Yes. Absolutely.
Mr. Fernandez: OK. Now, I don't think that anybody was extra there and in
answer to Mrs. Range's...
Mayor Suarez: The work that you performed was spectacular, that's all I can
say.
(Applause)
Mr. Fernandez: Thank you. So, in answer to the first matter as far as member
of firefighters, you've been out there firsthand with us and you've seen the
type of job that we do.
Mayor Suarez: And by the way, you were the one that pointed out to me that 80
percent of the runs of the engine that you're with are not related to fires,
which is an interesting statistic for those of us who...
4,
180 September 20, 1989
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t
3
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Mr. Fernandez: I'm not sure if that's an exact statistic, but it's a large
number.
Mayor Suarez: You said roughly.
Mr. Fernandez: Somewhere in that range. Also, Mrs. Range...
Mayor Suarez: And you did use 80 percent.
Mr. Fernandez: In my career, I've spent my entire career working in the north
end, and I've also worked in stations with a large number of black
firefighters, and as a firefighter, we're not there looking at other people's
skin, we're there to provide a service and we do that to the utmost, to the
best of our ability, and that's all we're asking for here. I invite any of
you all to witness the type of job that we do more often like the Mayor did
and to reconsider when you think about the type of job that we do and the
number of men that we need. Thank you.
Mayor Suarez: Thank you.
(Applause)
Mayor Suarez: Last statement, next to the last statement. These will be it
and then we'll have to move on.
Mr. Vergilio Fernandez: Name is Vergilio Fernandez and I'm a lieutenant with
the City of Miami Fire Department, and I live at 210 S.W. 23rd Road in the
City of Miami. What me and my family are asking you is if you're telling me
672 people are on those trucks, get them on those trucks. If not, cut my
taxes. You people are taxing me out of the City. You know, the Chief points
out all only one person died last year. My response to that is, Chief, let's
kill ten and then maybe we can get some reaction for you.
(Applause)
Mr. Fernandez: My point is, what are we asking you that doesn't belong to us?
It's 672, if not, cut my taxes, it's simple.
Mayor Suarez: What, by the way, has the millage rate in your City taxes in
the last four years? Have you noticed which way it's gone?
Mr. Fernandez: All I can tell you...
Mayor Suarez: It couldn't have gone up because it's gone down in the last
four years.
Mr. Fernandez: All I can tell you is my taxes, my property value, not my
house...
Mayor Suarez: Yes, your assessment's gone up.
Mr. Fernandez: My property value went up ten thousand.
Mayor Suarez: What would you propose this year's millage rate to be, Virgil,
in the City of Miami?
Mr. Fernandez: To be honest with you, I don't even know what a millage rate
is. But, Mr. Mayor, you saw yourself...
Mayor Suarez: Sometimes there are days when we're not• too sure what they mean
either.
Mr. Fernandez: ...right, you saw yourself, because you rode my truck on one
day where we had to find a doctor and tell him, "Listen, doctor, you're
killing this patient." You know, what we do there is not playing around with
people, you know.
Mayor Suarez: Another case like Commissioner Plummer was alluding before
where really some other system should have been in place other than us going
with our rescue to a hospital, even though it's a specialized hospital, to
take care of a patient and then be told that they expected that patient to be
181 September 28, 1989
1
transported to
another hospital. Not the one right
across the street.
I
mean, it just...
Mr. Fernandez:
The only problem we have...
Mayor Suarez:
And no one would take responsibility for the patient. We
had
to take responsibility, our own paramedics.
Mr. Fernandez:
We have to respond...
Mayor Suarez:
Amazing.
Mr. Fernandez:
...and, if not, you know, we're liable
for a lawsuit. All
I'm
saying is, the
Fire Chief gets 672 positions. Where are they? If not, cut
my
taxes, you're taxing me out of the City. I can't live
there any more.
Mayor Suarez:
Well, you've made one point that your union president,
vice
president, had
made from the very beginning which is
a very valid one.
We
should, if we say it's 672, it should be 672. If not,
we should say 654.
Mr. Fernandez:
Right.
(Applause)
Mayor Suarez: Or else, like Roger Maris' record, we should have an asterisk
and say that it's only for four months assuming that we get them in the
academy and assuming we get them out and assuming we wouldn't have too much
attrition which is really all the assumptions that we're making. Yes, sir,
last statement.
UNIDENTIFIED SPEAKER: I'd like to address myself to the Commission and Mrs.
Range, in particular. I work in the Fire Prevention Bureau, and I've been
there just a little shy of 39 years. I would like to invite you, Mrs. Range,
to come to the Fire Prevention Bureau and see the colored people that we have,
the supervisors that I've worked with and trained that are now in higher
positions and ask them and talk to them and see if there's any animosity or
any hatred in the Fire Prevention Bureau as far as colored people are
concerned or Hispanics or Anglos or whatever you want to call. I would invite
you to drop in there at any time, speak to all the colored people that are
there and draw your own conclusions to see if you feel that there's any
animosity or any hatred or anything at all in that field there. We all work
together as a team there and we all do a job regardless of what our feelings
may be and I think that will be backed up if you talk to these people and ask
them questions that you feel are relevant.
Ms. Range: Sir, my feelings did not emanate from my seeking this. I have
nothing but praise for the work of firemen, whether they're white, black or
otherwise on the scene of action. I've seen them in their work, I've seen
them revive people where there is not a fire. I'm not speaking of the general
public. My only feelings come from firemen who have sought me out as a
Commissioner to say what is happening on the inside. There are none here
apparently tonight who are willing to speak to that issue, but I felt that it
was no more than proper for me to bring this before you at this time, and if
it is not so, then it's because others have given me this impression. This
was talked over in a full way this morning, and the only reason I say it now,
is because those who are accused and the accusers, are present. I have no
personal feeling against whatever is going on, but I certainly think, and I'm
sure you all, as firemen, know that where there is smoke, there must be fire
somewhere.
UNIDENTIFIED SPEAKER: Well, as far as I can testify, and I feel that I'm
backed up by the colored firefighters that are in the Bureau, in the Fire
Prevention Bureau, if you will come down there and talk to them and ask them
if they feel that we don't work with them or if we have any hatred or any
animosity towards them, you will see that as far as that unit is concerned,
everything is working harmoniously, everybody gets along together.
Mr. Plummer: Xavier, let me offer my compromise.
Ms. Range: Um hum.
162 September 28, 1989
UNIDENTIFIED SPEAKER: We consult each other on things. I consult them, they
consult me and we have a tremendous good working relationship and I invite you
to come down there at any time that you choose, talk to them and talk to us
and, you know, if they feel there's any animosity, to say so.
Mayor Suarez: They have indicated to the Commission that there is some and we
had some testimony this morning...
Mr. Kickasola: Mr. Mayor, could I just close?
Mayor Suarez: ...but that's not what we're here on, and I'm going to cut off
any presentations. And I want to cut off any presentations at this point...
Mr. Kickasola: I just wish to close.
Mayor Suarez: ... we've heard from you already, firefighter, Dougherty, so,
yes, Lou, finish your...
Mr. Kickasola: I'm going to close by saying...
Mayor Suarez: ... closing statement and let's get on with the budget.
Mr. Kickasola: OK, let me just close by saying, there's not more I can add.
I think you've heard from the people and they've said it very well, and I
think they've talked to the issue that's here on the manner of manning.
Mr. Plummer: Mr. Mayor...
Mr. Kickasola: And I think, at this point, the balls in your court and we
just wait to see what happens.
Mayor Suarez: OK, Lou, thank you for your presentation, and once again, to
all of you, I know that some have voiced the sort of the converse concern that
Commissioner Range referred to. If they're not members of one of the
minorities as we define them and thought that there would be no responsive ear
at City Hall and that we would not meet with you and we would not consider
your complaints, including those that have to do with the system of
affirmative action that you might disagree with. If so, please understand
that, at least my policy, and I believe that of every other Commissioner, but
certainly as to myself, is that any City employee gets an appointment
forthwith, typically right when they seek it if they show up at any time in
office when I'm there, which is almost every morning. Yes, Commissioner
Plummer, and we can get on with this budget...
Mr. Plummer: Mr. Mayor, you know, I think there's an area of compromise and
I'll offer it at this time. I would offer that at any time in the immediate
future that we drop below six hundred and fifty or when we get to six hundred
and fifty firemen, that's when new class starts. Now, I think, you know,
that's a fair thing. If it starts in January, we'll just have to find the
money. If it starts in March, when we reach 650, that's when the class should
start and I think that's a fair compromise.
Mayor Suarez: OK, that's in the form of a motion. Is it appropriate, Mr.
City Attorney?
Mr. Jorge Fernandez: Yes, that's a motion directing the City Manager to
follow that policy.
Mayor Suarez: Adjust the budget accordingly, OK. Moved and seconded. Any
discussion?
Mr. Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: Does that mean, J.L., that when the class reaches six hundred -
I mean, the manpower reach 650, that a class will be in place where people
will have had their physicals and they're ready to start the class, or does it
mean when the class reaches one fifty, we will start out to recruit people
which I don't know how long will take, which prolongs the agony. Now, what
you are saying?
w 183 September 28, 1989
k.
i
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f
Mr.
Plummer:
Well, my intention is, is that
when the
day comes that we reach
`
650
total manpower, that's when we start the
process,
hopefully, to start the
class...
Mr.
Dawkins:
So then other words...
Mr.
Plummer:
Don't they presently have a bullpen
of people?
INAUDIBLE COMMENTS NO ENTERED INTO THE PUBLIC
RECORD.
Mr.
Plummer:
I'm getting yes and no answers.
Mr.
Odio: We
have 450 people waiting to come
in.
Mr.
Plummer:
Four hundred and fifty that are
waiting
to come in.
Mr.
Dawkins:
No, wait a minute. You have 450 people...
Mr. Odio: In the register.
Mr. Dawkins: Who, in the... now see, see, see, that's apples and oranges. I
don't mean about the register. Do you have - OK, how many people can we put
in a class?
Chief Duke: We can effectively put 20-24 people in a class.
Mr. Dawkins: All right 24. Do you have fifty people that you can go to and
take 24 people, like J.L. said, when it reaches 650, that you got 50 people
you can go to and take 25 people from them and put in the class or do you have
to go to this...
Chief Duke: I'm under the impression we've got to go through the
entire
process.
Mr. Dawkins: So, see, J.L., you're not doing nothing.
(Applause)
Mr. Plummer: OK. Question? How long does the process take?
Chief Duke: About 32 weeks from beginning to end.
Mr. Plummer: Thirty? Why? Is that including the school?
Chief Duke: That's the test.
Mr. Plummer: No, no,no, no. How long does it take if you put an ad
in the
paper today to get the 25 ready for school?
Mayor Suarez: Well, wait, wait, I'm not even sure we have to put an ad.
What
is the procedure?
Mr. Odio: I've been corrected, we have six hundred and some people
in the
register ready to be called and...
Mr. Plummer: Well, can we get one answer?
Mr. Odio: All we have to do...
Mayor Suarez: We have six hundred and some people in the register ready to
what, Mr. Manager, complete sentence?
Mr. Odio. To be called in... take their physicals and then go through the
class.
Mr. Plummer: And how long would that take?
Mr. Odio: It's 6 weeks, isn't it?
Chief Duke: From the time that we start the process to get them in the class,
it's going to take a period of time.
184 September 28, 1989
Mayor Suarez: How long does that period take?
Mr. Plummer: How long!
Chief Duke: And we can accelerate that. It depends on how many people we've
got process.
Mayor Suarez: Suppose you got to do 24 and you've got a register of over six
hundred, how quickly can you get twenty-four?
Chief Duke: We're probably looking at a hundred people before we get to, you
know, to a class of twenty or twenty-four.
Mayor Suarez: How long does that typically take?
Chief Duke: Twenty weeks in school after we get there.
Mr. Dawkins: Mr. Mayor...
Mayor Suarez: Based on your experience, how long does that typically take?
Let's just see if we can get a straight answer on that simple question.
Chief Duke: It's going to take about 30 weeks.
Mr. Dawkins: Mr. Mayor...
Mr. Plummer: That includes the school.
Mr. Dawkins: ...I make a motion that this Fire Department - the Manager be
instructed to immediately recruit and have on hand 50 people from which to
draw 25 people to put in the class and have them on notice, not to quit their
jobs, or whatever they're doing until the day we tell them they're going into
class. Now that's my motion.
Mayor Suarez: OK.
(Applause)
Mr. Plummer: Well...
Mayor Suarez: Yes, be on a...
Mr. Plummer: Commissioner Dawkins, I have no problem with that because even
by admittance that they were going to start a class in June, they're going to
have to do it anyhow, and if they start it today, it's just accelerating the
readiness to be ready to go with the 25 in a class.
Chief Duke: Exactly.
Mr. Dawkins: But the motion sort of speeds them up.
Mr. Plummer: Fine. I have no problem with that.
Mr. Fernandez: The motion still includes the number six fifty.
Mr. Plummer: That's correct, that's the magic number.
Mr. Dawkins: Yes...
Mayor Suarez: Right, that it gets triggered. The academy gets triggered at
six fifty.
Mr. Dawkins: No, the motion says, when the number reach six fifty, the class
is started tomorrow.
Mr. Plummer: That's correct.
Mayor Suarez: You should be ready to start the class immediately.
Mr. Dawkins: When the class reach 650 tomorrow you go looking for the men.
The fire people.
185 September 28, 1909
Mr. Fernandez: It's very clear.
Mayor Suarez: OK, we have a motion and a second.
Mr. Plummer: What? Twenty-five.
Mayor Suarez: Any discussion? If not, please call the roll.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: No, twenty-five.
Mayor Suarez: No, no, the class will be determined by the administration, but
I think we have an idea what size class we're talking about. Because I don't
imagine we're going to have less than 24 in a class. It wouldn't make much
sense.
Mr. Plummer: Well, OK, one other question, I guess, has got to be asked.
Under normal circumstances, Chief...
Mr. Dawkins: What's the attrition?
Mr. Plummer: ...if you put 25 in a class, do you graduate how many?
Mr. Dawkins: What's the attrition rate?
Mr. Plummer: Do you lose any?
Chief Duke: The class before last, I don't believe we lost any. The last
class, we lost four or five people.
Mr. Dawkins: All right, well let me...
Chief Duke: It depends on the makeup.
Mr. Dawkins: Let me ask it differently.
Chief Duke: There is no set percentage.
Mr. Dawkins: Of a class of 25, how many people make probation and come on
board?
Chief Duke: Commissioner, it would depend on the individuals themselves.
Mayor Suarez: Typically, typically, Chief.
Chief Duke: We might lose three or four out of a class like that, sir.
Mr. Dawkins: How - OK, hold it, hold it... I can ask it another way. In the
last two classes...
Mayor Suarez: He answered that already.
Mr. Plummer: I said average.
Mr. Dawkins: ...that came through the academy, how many were there of the
two?
Mayor Suarez: How many did we lose from beginning to end of the class?
Chief Duke: The class before last, I think we lost one. I think that's the
number. And the last class, we had a class of sixteen and we started and we
graduated twelve. We lost four.
Mr. Dawkins: You answered everybody's question but mii:e, OK?
Mayor Suarez: The next to the last...
Mr. Dawkins: Now wait a minute! Answer my question, OK? Answer my question!
Chief Duke: I would speculate that we may lose three or four people out of a
class with twenty-five.
186 September 28, 1989
Mr. Dawkins: Answer my question, OK? In the last class, you had how many
people?
Mayor Suarez: Sixteen and we ended up with twelve.
Mr. Dawkins: You had sixteen, how many people did we have in the last class?
Chief Duke: We graduated twelve.
Mr. Dawkins: Twelve. In the class before that, how many did we graduate?
Mr. Plummer: Danny.
Chief Duke: How many people were in the class before last? Eighteen?
Twenty, we lost one. We had twenty people in the class before last and we
lost one.
Mr. Dawkins: All right, so twenty and twelve is 32, right?
Chief Duke: That's correct.
Mr. Dawkins: Of those 32 people, how many are firemen as of today?
Chief Duke: Thirty-two.
Mr. Dawkins: Thirty-two, so you only lost one.
Chief Duke: We lost one in the early probationary stage, but of those that
are still on the - that came through the class, I'm under the impression
they're still active firefighters at this point.
# Mayor Suarez: You began both classes with roughly 36 and you ended up with, I
believe you said, nineteen and twelve, that would be 31. You lost five out of
36, whatever that works out to be in percentages. I think you said 75. It
may be 80, 85 percent.
Chief Duke: Yes, the graduation is at least that percentage.
Mayor Suarez: All right, so applying those percentages, Commissioners, the
motion is to trigger the beginning of a class at 650, and to have how many in
the class roughly? -or are you going to leave that up to the Manager?
Mr. Plummer: No less than twenty-five.
Mayor Suarez: No less than 25 at the beginning of the class which might
graduate twenty. All right, that's the motion?
UNIDENTIFIED SPEAKER: Can I address the motion?
Mayor Suarez: We have a second.
Mr. Plummer: Don't cut your throat.
Mayor Suarez: You have momentum on your side, as we say here, if you consider
this to be on your side, I don't know. We have a motion and a second. Any
further discussion? If not, please call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 89-868
A MOTION DIRECTING THE CITY MANAGER TO IMMEDIATELY
RECRUIT 50 INDIVIDUALS FROM WHICH TO SELECT A MINIMUM
OF 25 TO PARTICIPATE IN THE NEXT FIREFIGHTERS' CLASS;
FURTHER DIRECTING THE CITY MANAGER TO IMMEDIATELY
BEGIN A NEW CLASS, WITH A MINIMUM OF 25 RECRUITS, AS
SOON AS THE FIREFIGHTERS' STAFFING LEVEL REFLECTS 650
OR BELOW.
187
a;;
September 28, 1909
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
(Applause)
Mayor Suarez: OK, thank you.
UNIDENTIFIED SPEAKER: If you would have...
Mayor Suarez: Quick, quick statements, please. We really have to get to the
rest of the budget. We have four agencies to do yet.
UNIDENTIFIED SPEAKER: If you would expand the hiring area to include Dade
County...
Mayor Suarez: Give us your name, please.
UNIDENTIFIED SPEAKER: ...you'd have a much larger pool where you could find
much more qualified applicants. And that would address the problem of getting
everybody in the class, through the class.
Mayor Suarez: I understand, but we - when you have 650 on a register, that's
not our main concern at this point. Go ahead.
Mr. Joe Gonzalez: Joe Gonzalez, Miami Association of Firefighters. I'd like
to speak on behalf of my mother and my sister who are both handicapped and
can't be here. They live in the City of Miami. Suddenly, we're becoming
comfortable with being 18 positions short. That's what I - you know, there's
an acceptance of this that, you know, we shouldn't be comfortable being 18
positions short, and I see that, you know. We should be saying that the way
we're operating right now should trigger the hiring of these people.
Mayor Suarez: We hear you but this is the same thing that we've been
discussing for the last hour plus, and we're going to go on to the next...
Mr. Gonzalez: And, in addition, you know...
Mayor Suarez: Yes.
Mr. Gonzalez: ...I think that the people that are being paid to manage and
man the Fire Department, you need to consult other people in addition to those
people because those are people that seem to be more interested in furthering
their careers than in the safety of the citizens and of the firefighters.
Thank you.
(Applause)
Mayor Suarez: Thank you. That's it.
Mr. David Mora: Can I just say one thing, Mr. Mayor?
Mayor Suarez: Half a minute statement and that's it. This is it, I'll cut
off debate after you, sir, you're it.
Mr. Mora: OK, the last statement then. My name is David Mora. I'm a City of
Miami fireman, rescue swing B, and I live at 240 N.W. 32nd Place. I've lived
there since 1961. We are served at that address by aerial 10. My wife and I
live there. Before then, my mom and dad lived there, and you propose on
cutting the manpower to that area. Does that mean that we are less important
than other people in the area of the City? -and that you're willing to risk my
life or my wife's life while I'm at work by cutting the manpower? You're
proposing to cut it now to 650. You haven't solved no problems, you're
188
September 28, 1989
10 #
proposing to cutting and lower the manpower, lower the protection of those
areas by cutting those trucks out of service. I think you should be
responsible to have the men there at all times to take care of that area.
Mayor Suarez: That is exactly what the argument has been up to now, Mr. Mora.
Mr. Mora: OK, that's all I want to say.
Mayor Suarez: Thank you, sir. OK...
(Applause)
Mr. Kickasola: Thank you for your time.
43. SECOND READING ORDINANCE: DEFINE AND DESIGNATE TERRITORIAL LIMITS OF THE
CITY OF MIAMI FOR TAXATION PURPOSES - FIX MILLAGE AND LEVY TAXES FOR
FISCAL YEAR 1989-90. (BUDGET)
Mayor Suarez: We need a motion to adopt the final millage rate and I'll so
entertain at this point.
Mr. Dawkins: Moved.
Mayor Suarez: Moved.
Ms. Range: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
Mr. Plummer: Mr.... whoa, whoa, whoa, whoa. I got discussion.
Mr. Jorge L. Fernandez: Are you on item 15?
Mayor Suarez: We're on item 14.
Mr. Plummer: I got discussion.
Mayor Suarez: Adopting the final millage rate of the City.
Mr. Fernandez: Item 14 is a presentation item, does not require a vote. It's
item 15 that is the ordinance that...
Mayor Suarez: I read item 15 as defining and designating the territorial
limits of the City.
Mr. Fernandez: That's it, that's the ordinance I need to read...
Mayor Suarez: And fixing the millage, OK, on item 15.
Mr. Fernandez: And I need to read that one in its entirety.
Mr. Dawkins: I'll move 15.
Mayor Suarez: All right, I'm sorry then. Fourteen should have never been a
separate item because it just has a process. OK.
Mr. Fernandez: OK.
Mr. Plummer: That's the agenda.
Mayor Suarez: Right.
UNIDENTIFIED SPEAKER: Xavier.
Mayor Suarez; Fourteen. Moved and seconded. Read the ordinance, please.
Mr. Fernandez: All right.
189
September 28, 1989
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD IN ITS
ENTIRETY.
Mr. Plummer: This one only sets the territorial limits, is that...
Mayor Suarez: No and fixes the millage rate.
Mr. Fernandez: Fixes the millage rate.
Mr. Plummer: All right. Mr. Mayor, I'm happy to tell you that as you know,
at the last budget hearing I voted against the budget and I did it for the
purposes of sending a message. I had a nice long lunch with the Police Chief
today and I'm happy to tell you that the Manager paid for it.
Mayor Suarez: I was going to say, don't tell me you paid because I won't
believe you.
Mr. De Yurre: You didn't go to Grove Isle, did you?
Mr. Plummer: I had the opportunity to sit and to listen to what he has
proposed in the immediate future. I feel that it is only right that I give
that vote of confidence to this administration in voting for this budget, with
the proviso that what the Chief told me today at lunch does not become reality
in the very near future...
Mr. Odio: I'll buy you another lunch.
Mr. Plummer: ...I want to tell you I'm going to be all over the
administration and the Chief. But he indicated enough to me today of the
programs that he has that he is ready to move and to implement with that it
makes me, and demands, that I change my vote for this Department. So I just
wanted to put on the record that I feel, in a way, that the message that I
sent two weeks ago has brought about to what I feel comfortable and can vote
for the budget today. I just wanted to put that on the record.
Mr. Dawkins: You can have your radio back.
Mr. Plummer: The hell you say, I get three more.
Mayor Suarez: I'll tell you it's small but... call the roll.
Mr. Mariano Cruz: Hey, Xavier, public hearing.
Mayor Suarez: I'm sorry, Mr. Vice Mayor.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Yes, it's been moved and seconded and the ordinance has been
read.
Mr. De Yurre: Let's go.
AN ORDINANCE -
AN ORDINANCE DEFINING AND DESIGNATING THE TERRITORIAL
LIMITS OF THE CITY OF MIAMI FOR THE PURPOSE OF
TAXATION; FIXING THE MILLAGE AND LEVYING TAXES IN THE
CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 1989 AND ENDING SEPTEMBER 30, 1990;
CONTAINING A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of September 14,
1989, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Dawkins, seconded by Commissioner Range, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10647.
The City Attorney read the ordinance in its entirety into the public
record and announced that copies were available to the members of the City
Commission and to the public.
44. SECOND READING ORDINANCE: MAKE APPROPRIATIONS FOR THE CITY OF MIAMI FOR
FISCAL YEAR ENDING SEPTEMBER 30, 1990. (BUDGET)
Mr. Plummer: Mariano, what are you...
Mayor Suarez: Sixteen?
Mr. De Yurre: Sixteen, moved.
Mr. Mariano Cruz: I got to follow the public hearing, that's my only chance.
Mayor Suarez: Item 16.
Mr. De Yurre: Move.
Mayor Suarez: Mariano, we assumed that you were just standing there to hold
up the building or the podium or something.
Mr. Plummer: Excuse me, Mr...
Mr. Cruz: I am no roudy, that's my only chance I have to come here every
year.
Mr. Plummer: Mr. Mayor, excuse me.
Mayor Suarez: What do you mean, your only chance? You've been in every
Commission meeting since the City started in 1896.
Mr. Plummer: Mr. Mayor.
Mr. Cruz: No.
Mayor Suarez: Yes. Commissioner Plummer.
Mr. Plummer: I have to ask the question.
Manager...
Mayor Suarez: Mister...
Mr. Odio: Yes, sir.
Mayor Suarez: ...former manager.
Mr. Manager, Mr. Manager, Mr. Ex
Mr. Plummer: That what we just voted upon, is that - I didn't hear the
attorney say, as amended for the purposes of the City Rangers,
Mr. Jorge L. Fernandez: No, this is the appropriations ordinance that's
coming now.
Mr. Plummer: So, that's where it is.
Mr. Fernandez: That's where it is, as amended, right. As modified, rather.
191 September 20, 1909
Mr. Plummer: Whatever.
Mr. Fernandez: Yes.
Mayor Suarez: Item 16.
Mr. Cruz: Let me talk.
Mayor Suarez: How about if you do it on item 16 which is the appropriations
anyhow?
Mr. Cruz: Well, no, I...
Mayor Suarez: Mr. Cruz.
Mr. Cruz: My name is Mariano Cruz...
Mayor Suarez: Otherwise known as Mariano.
Mr. Cruz: Right, 1227...
Mayor Suarez: Affectionately known as Mariano.
Mr. Cruz: ...Northwest 26th Street.
Mr. Dawkins: Allapattah Godfather.
Mr. Cruz% And, no, I come here because this is... no, this is my way because
so far almost everybody here is staff, employees, and all that I am of the...
Mr. Dawkins: Citizens.
Mr. Cruz: Right, the people who are there.
Mayor Suarez: No preambles today. What are you trying to tell us?
Mr. Cruz: Right, and you know, I say things and people don't like to know but
I tell the truth because I have no business with the City. I don't work for
the City, I work for the post office plus that I am associated with a business
that that pays a lot of money in miscellaneous permits money. So, I never ask
any of the City for business. I have no conflict of interest. But one thing
I am going to talk about was being good in the City. Like I mentioned before
the Parks Department, wonderful this year. The Citywide Advisory Board in
Parks and thank you, T. Willard Fair, Santiago Lopez, Mr. De Yurre being one.
The people from the parks, Al Ruder, Al Martinez, Kevin Smith, Diane Johnson,
working doing their job, in walking the extra mile. And another thing, like
the other day we call for a crack house. Just this week it was demolished so
I got to talk good about building and zoning. You think chapter 17 be nice,
28, 29, 13 Avenue...
Mayor Suarez: So, an active citizen got the job done with our cooperation and
we, with your cooperation.
Mr. Cruz: Right, building and zoning, they're doing their job.
Mayor Suarez: Mariano, what do you feel about our appropriations ordinance?
Mr. Cruz: The appropriations, yes.
what I'm opposed...
Mayor Suarez: Please, please, please.
I am not opposed to this but you know
Mr. Cruz: One thing I am opposed is the City - property that the City owns,
the City owns property. I went there yesterday to the property appraisal. It
cost me fifty cents, got a print out, 1221 N.W. 26th Street, next to my house,
they own - let me see, who owns it there - City of Miami, 300 Biscayne
Boulevard, Suite 401, Miami, Florida, 33131, that same property, that Housing
Conservation Agency. And you know, you go there and what they got there?
They don't even cut the grass and they even put a sign, the City put a sign
(INAUDIBLE)
x r
Ms. Hirai: Mariano, on the microphone.
Mr. Cruz: The City put a sign that they are in violation and who owns the
lot? The City of Miami. Yes, you can see here, that's it.
Mayor Suarez: The Manager wns telling the parks, or public works that they're
in violation.
Mr. Cruz:
1111 Thirty-two Street, 3247 11 Avenue..
Ms. Hirai: Mariano, on the microphone.
Mr. Cruz: 779 Thirty-fourth Street. Right. The City is going to tell the
citizens some way to enforce the law and the City owns this lot and they don't
even take care of the lot.
Mr. Odio: Mariano, Mariano, you called me the other day...
Mr. Cruz: Right.
Mr. Odio: I gave an order to clean the lots out. They will be clean Monday.
Now, if they're not, give me a call on Tuesday, will you?
Mayor Suarez: All right and that really doesn't affect our appropriations
ordinance.
Mr. Cruz: No, but how long have been - I know, it doesn't...
Mr. Odio: They will be clean on Monday and we, if you...
Mayor S!+arez: You have to admit that we're responding a lot quicker than we
used to so...
Mr. Cruz: Housing Conservation, like I told you, they had at the Dupont
Plaza...
Mr. Odio: He only called me yesterday.
Mr. Cruz: Right, no, no. The point wanted to bring out is, Housing
Conservation is not serving the public because they are at the Dupont Plaza.
I met three old ladies there from Little Havana, they were looking for section
eight apartments at 19 and 2 south and they had to walk from 1st and Flagler
there, from 3rd and Flagler, to Dupont Plaza and they walked to get route 11
because that's the only place... How come they don't have the office in Little
Havana or where they were before, 1145. They're not serving the needs of the
public. They are there in the ivory towers looking at the ships going by by
the river, they don't worry about what the public. They should have an office
in Little Havana to serve those people or an office in another place and
that's what's wrong with that.
Mayor Suarez: OK. Thank you.
Mr. Cruz: Well...
Mr. De Yurre: Mr. Mayor, I moved number sixteen.
Mr. Cruz: Move that, whatever, just listen, just listen.
Mayor Suarez: Very good, Mariano seconds it. All right.
Mr. Plummer: Read the ordinance.
Mr. Fernandez: Point of order...
Mayor Suarez: But wait, I do need a second, I need a second.
Mr. Plummer: Second.
Mr. De Yurre: Plummer seconds.
Mayor Suarez: Yes, Mr. City Attorney.
193 September 28, 1989
Mr. Fernandez: Yes, 16 is being modified to add to the police budget an
additional $300,000 as previously discussed and that would be reflected in the
body of the ordinance.
Mayor Suarez: Call the roll.
AN ORDINANCE -
AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 1990 CONTAINING A REPEALER
PROVISION; AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of , was taken up
for its second and final reading by title and adoption. On motion of
Commissioner 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:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: . None.
ABSENT: Commissioner Miller Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10648.
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. DISCUSSION OF PROPOSED MILLAGE RATE AND ADOPTED TENTATIVE BUDGET FOR
DOWNTOWN DEVELOPMENT AUTHORITY.
Mr. De Yurre: Move 18.
Mr. Plummer: What about seventeen?
Mr. De Yurre: Well, that's just discussion.
Mayor Suarez: That's discussion. Eighteen has been moved.
Mr. Matthew Schwartz: Seventeen...
Mr. Plummer: Have I got to vote for seventeen?
Mayor Suarez: Setting the territorial limits of the DDA tax district and the
millage rate which, I guess, is the maximum allowed by law. Been moved.
Mr. Schwartz: I believe you have to do 17 first.
Mr. Jorge Fernandez: Yes...
Mayor Suarez: It's a discussion. Do we have anyone from the public that
wants to be heard on item 17? Let the record reflect that no one stepped
forward.
Mr. Plummer: Is that as amended to cover the City Rangers?
Mr. Fernandez: Yes. That would be to reflect the other $300,000.
Mr. Schwartz: The cover - the cost of the City Rangers to $308,000 for
security is coming out.of a special assessment security district.
Mr. Plummer: But has that got to be done here?
194 September 28, 1989
r
Mr. Schwartz: No.
Mayor Suarez: OK, to follow the procedure prescribed in the state law, the
percentage increase in millage over rollback rate is what? -Matthew Schwartz,
Mr, Executive Director of Downtown Development Authority, sir?
Mr. Fernandez: Nine -tenths of one percent.
Mayor Suarez: Thank you. The specific purpose for which the ad valorem tax
revenues are being increased is...
Mr. Schwartz: Downtown marketing programs and economic development.
Mayor Suarez: OK.
Mr. Schwartz: Cost, $13,182.
Mayor Suarez: All right, do we need to take action at seventeen or do we move
on to eighteen on second reading?
Mr. Fernandez: Seventeen, second reading.
Mayor Suarez: OK, if we have nothing in 17, we can move on to eighteen.
Mr. Fernandez: No, we have to read 17 in its entirety, Mr. Mayor.
Mayor Suarez: There's nothing to read in seventeen.
Mr. Fernandez: I mean, eighteen! I'm sorry, eighteen.
-� 46. SECOND READING ORDINANCE: Define and designate territorial limits of
i Downtown Development District - Fix millage and levy taxes for fiscal
_j year 1989-90.
Mayor Suarez: Eighteen has been moved, has it not and seconded, Madam City
Clerk?
Ms. Hirai: Eighteen, no, sir, it hasn't.
Mayor Suarez: I'll entertain a motion on 18. I could have sworn that the
Vice Mayor moved it and that...
Mr. Fernandez: Yes.
Mayor Suarez: ...Commissioner Plummer seconded it.
Mr. Plummer: No, you're wrong. You seconded it.
Mayor Suarez: I seconded it then. Did the Vice Mayor... did you move it,
Victor?
Mr. De Yurre: Yes, I moved it.
Mayor Suarez: All right, I second. Do you want to chair, J.L.?
Mr. Plummer: Fine.
Mayor Suarez: Tell them to read the ordinance.
Mr. Plummer: Motion moved and duly seconded. Read the ordinance.
195
September 28, 1989
t
!1
'i
i THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD IN ITS ENTIRETY.
Mr. Plummer: I didn't understand thatl
Mayor Suarez: Call the roll before he changes his mind.
Mr. Plummer: In all seriousness...
Mr. Dawkins: Read the last two paragraphs.
Mr. Plummer: Wait a minute, wait a minute. Do you have to publish all of
that in the legal notice?
Mr. Fernandez: Yes.
Mr. Plummer: That's their entire budget at the Herald rates.
Mr. Fernandez: Very fine print.
AN ORDINANCE -
AN ORDINANCE DEFINING AND DESIGNATING THE TERRITORIAL
- LIMITS OF THE DOWNTOWN DEVELOPMENT DISTRICT OF THE
CITY OF MIAMI LOCATED WITHIN THE TERRITORIAL LIMITS OF
i
THE CITY OF MIAMI FOR THE PURPOSE OF TAXATION, FIXING
j THE MILLAGE AND LEVYING TAXES IN THE DOWNTOWN
DEVELOPMENT DISTRICT LOCATED WITHIN THE TERRITORIAL
LIMITS OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 1989, AND ENDING SEPTEMBER
30, 1990, FIXING THE MILLAGE AT FIVE TENTHS (.5) MILLS
ON THE DOLLAR OF THE NONEXEMPT ASSESSED VALUE OF ALL
-� REAL AND PERSONAL PROPERTY IN SAID DISTRICT AND
,i PROVIDING THAT THE SAID MILLAGE AND THE TAXES LEVIED
HEREIN SHALL BE IN ADDITION TO THE FIXING OF THE
MILLAGE AND THE LEVYING OF TAXES WITHIN THE
TERRITORIAL LIMITS OF THE CITY OF MIAMI, WHICH IS
CONTAINED IN THE GENERAL APPROPRIATION ORDINANCE FOR
THE AFORESAID FISCAL YEAR AS REQUIRED BY SECTION 27 OF
THE CITY CHARTER; PROVIDING THAT THE FIXING OF THE
MILLAGE AND LEVYING OF TAXES HEREIN SHALL BE IN
ADDITION TO SPECIAL ASSESSMENTS FOR IMPROVEMENTS
i� IMPOSED BY THE CITY COMMISSION OF THE CITY OF MIAMI
1 WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI;
PROVIDED THAT THIS ORDINANCE SHALL NOT BE DEEMED AS
t REPEALING OR AMENDING ANY OTHER ORDINANCE FIXING
f
MILLAGE OR LEVYING TAXES FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 1989 AND ENDING SEPTEMBER 30, 1900, BUT
SHALL BE DEEMED SUPPLEMENTAL AND IN ADDITION HERETO;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of September 14,
1989, was taken up for its second and final reading by title and adoption. On
motion of Commissioner De Yurre, seconded by Mayor Suarez, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10649.
The City Attorney read the ordinance in its entirety into the public
record and announced that copies were available to the members of the City
Commission and to the public.
196
September 28, 1989
47. SECOND READING ORDINANCE: Make appropriations for the Downtown
Devlopment Authority for fiscal year beginning October 1, 1989.
------------------------------------------------------------------------------
Mr. De Yurre: You have 19?
Mr. Plummer: That was 18.
Mr. De Yurre: Move 19.
Mayor Suarez: Item 19 has been moved.
Mr. Fernandez: This is only the title.
Mr. Plummer: Thank God!
Mayor Suarez: Second? Do we have a second?
ordinance please. Call the roll.
AN ORDINANCE -
I'll second 19, read the
AN ORDINANCE MAKING APPROPRIATIONS FOR THE DOWNTOWN
DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 1990; AUTHORIZING THE
DIRECTOR OF THE DOWNTOWN DEVELOPMENT AUTHORITY TO
INVITE OR ADVERTISE BIDS FOR THE PURCHASE OF ANY
MATERIAL, EQUIPMENT, OR SERVICE EMBRACED IN THE SAID
APPROPRIATIONS FOR WHICH FORMAL BIDDING MAY BE
REQUIRED PROVIDING THAT THIS ORDINANCE SHALL BE
SUPPLEMENTAL AND IN ADDITION TO THE ORDINANCE MAKING
APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER
30, 1990, FOR THE OPERATION OF A THE CITY OF MIAMI,
FLORIDA; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of September 14,
1989, was taken up for its second and final reading by title and adoption. On
motion of Commissioner De Yurre, seconded by Mayor Suarez, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote;
AYES: Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10650.
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.
197 September 28, 1989
i`
s
-------------------------------------------------------------------------------
48. APPROVE SALARY INCREASE FOR WALTER FOEMAN, ASSISTANT CITY CLERK.
------------------------------------------------------------------------------
Mayor Suarez: Mr. Vice Mayor you have the floor, very quickly sir, at your
own risk!
Mr. De Yurre: We have to discuss the salary of our City Clerk, Assistant City
Clerk, the City Attorney and the City Manager, as we have provided. I
propose, I want to do it quickly. I'll go right down the line. Walter
Foeman, is currently making $52,000 and Ms. Hirai is suggesting that based on
the fact that to put him comparatively with the rest of the people in his
position, that a $10,000 pay raise is appropriate, so I so move.
Mayor Suarez: I would have thought that anyone but the City appointed
administrators is already included in the budget.
Mr. De Yurre: But we have to set the salaries.
Mr. Plummer: No, we set those three and their sub -directors.
Mayor Suarez: We technically under the Code set all the salaries, but I would
have thought that that was included because he is not a City appointment
anyhow. Technically we set all the salaries of department heads. He's not
even a department head.
Mr. Plummer: We approve those as recommended. Those three are not
recommended.
Mayor Suarez: Well, that's a mistake in our procedures.
Mr. Plummer: Wait, what was the motion?
Mr. De Yurre: We have a second right over here.
Mr. Plummer: Wait a minute, what was the motion?
Mr. De Yurre: Motion is to give him a $10,000 pay raise.
Mr. Plummer: All of them?
Ms. Hirai: No. It is the average... in respect to Mr. Foeman, Walter Foeman,
it is the average salary paid a department, an assistant director, and he has
been with us a sufficient number of years now and...
Mr. Plummer: What is he making now?
Ms. Hirai: $52,000, sir.
Ms. Range: Second.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Are you going to take them one by one, Mr.
Commissioner?
Mr. De Yurre: Well, I'll go to the next one. Ms. Matty Hirai...
Ms. Hirai: Excuse me, I have not called the roll on that one.
Mr. De Yurre: OK, go ahead, then.
198 September 26, 1989
i`
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 89-869
A RESOLUTION GRANTING WALTER FOEMAN, ASSISTANT CITY
CLERK, A SALARY INCREASE OF $10,000.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Range, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
NOES: Mayor Xavier L. Suarez
ABSENT: None.
49. (A)
APPROVE
SALARY
INCREASE
FOR
CESAR
ODIO, CITY MANAGER.
(B)
APPROVE
SALARY
INCREASE
FOR
JORGE
FERNANDEZ, CITY ATTORNEY.
(C)
APPROVE
SALARY
INCREASE
FOR
MATTY
HIRAI, CITY CLERK.
------------------------------------------------------------------------
Mayor Suarez: OK, shoot. Try me at the next one.
Mr. De Yurre: Our City Clerk Matty Hirai, she's currently making $72,000,
hasn't had a pay raise in the last three years, a ten percent pay raise from
$72,000 to $79,200. I so move.
Mr. Dawkins% Second.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll.
Mr. Plummer: Well now, wait a minute, whoa.
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: Whatever we do, I'm going to do on an equal percentage for all
three.
Mr. De Yurre: Well, I'm going right across the board with the ten percent.
Mr. Plummer: No, no, I'm going to do... so if you want to make a motion, that
is ten percent for the three that we appoint, I'll go along with that, but I
don't...
Mr. De Yurre: No, well him, with Walter, it's $10,000.
Mr. Plummer: No, he's behind us, and that's why I went ahead and voted for
that.
Mr. De Yurre: Ms. Hirai, Jorge Fernandez and Cesar Odio get ten percent pay
raises.
Mr. Plummer: That's I'll go along with.
Mr. De Yurre: OK?
Mr. Plummer: Whatever is fair and equitable for...
Mr. De Yurre: We'll go right on down the line.
Mayor Suarez: So moved.
199 September 28, 1989
Mr. Dawkins: Move them all. What is it? - ten percent, I move ten percent for
all three of them.
Mr. Plummer: That's what I'm saying.
Mayor Suarez: So moved and seconded.
Mr. De Yurre: Call the roll.
Mayor Suarez: That's makes my vote even that much more consistent and
uniform.
Mrs. Range: Question.
Mayor Suarez: Yes, Commissioner Range.
Mrs. Range: Just before you said that we are moving them ten percent.
Mr. De Yurre: Yes.
Mrs. Range: I'd like to be aware of what the salaries are presently.
Mayor Suarez: Thank you.
Mr. De Yurre: Currently, Jorge Fernandez, the City Attorney is making
$92,000. Cesar Odio, our City cIanager is making $96,000, Matty Hirai, our
City Clerk is making $72,000.
Mrs. Range: Very good. I'm satisfied.
The following resolutions was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 89-870
A RESOLUTION GRANTING CESAR H. ODIO, CITY MANAGER A
SALARY INCREASE OF TEN PERCENT (10%).
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
RESOLUTION NO. 89-870.1
A RESOLUTION GRANTING JORGE L. FERNANDEZ, CITY
ATTORNEY, A SALARY INCREASE OF TEN PERCENT (10%).
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
RESOLUTION NO. 89-870.2
A RESOLUTION GRANTING MATTY HIRAI, CITY CLERK, A
SALARY INCREASE OF TEN PERCENT (10%).
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, these resolutions was
passed and adopted by the following vote:
AYES% Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
NOES: Mayor Xavier L. Suarez
ABSENT: None.
200 September 28, 1989
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: As they used to say about the Senator from Hawaii, ain't no
way. I'm voting no, let me clarify.
50. (Continued Discussion) EMERGENCY ORDINANCE: Amend Code, Section 62-
78(d) - Remove limitation which prevents individual from serving more
than two consecutive terms of office on the Latin Quarter Review Board
(See labels 7 & 51).
Mr. Plummer: Mr. Mayor.
Mayor Suarez: Yes.
Mr. Plummer: (AT THIS POINT COMMISSIONER PLUMMER READS EMERGENCY ORDINANCE
INTO THE PUBLIC RECORD. SEE ER-10651 HEREINBELOW)
Mayor Suarez: This is so that we can reappoint. We voted on this this
morning, but this is a formal ordinance.
Mr. Plummer: This is the formal.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll. I think
you've read enough, but Mr. City Attorney, do we have to read more of the
title of that to make sure that it's proper?
Mr. Fernandez: No, just the title.
Mr. Plummer: That's what I read.
Mr. Fernandez: That's correct.
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SUBSECTION (d) OF
SECTION 62-78 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY REMOVING THE LIMITATION OF TWO
CONSECUTIVE TERMS OF OFFICE FOR MEMBERS OF THE LATIN
QUARTER REVIEW BOARD; 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 J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
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:
201 September 28, 1989
_i
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range —
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10651.
Commissioner Plummer read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
------------------------------------------------------------------------------
51. (Continued Discussion) APPOINTMENTS TO LATIN QUARTER REVIEW BOARD
(Appointed were: Luis Sabines and Hector Gasca - See label 7).
Mr. Plummer: I now offer the names of Luis Sabines and Hector Gasca as my two
appointments.
Mayor Suarez: OK, we have one, I guess we needed the other one, so moved and
seconded. Any discussion? If not call the roll on those.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 89-871
A MOTION APPOINTING LUIS SABINES AND HECTOR GASCA TO
THE CITY OF MIAMI LATIN QUARTER REVIEW BOARD.
(Note for the Record: Mr. Sabines and Mr. Gasca were
nominated by Commissioner Plummer.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
52. FORMALIZE MOTION 89-684 - Allocate $25,000 for cure AIDS Now, Inc. - to
provide home -delivered meals - Authorize agreement.
------------------------------------------------------------------------------
Mr. Plummer: The other thing I have Mr. Mayor is formerly passed by this
Commission, this adopts it in legal form. (AT THIS POINT COMMISSIONER PLUMMER
READS RESOLUTION INTO THE PUBLIC RECORD. SEE R-89-872 HEREINBELOW) I so
move.
Mr. Dawkins: Where is the money coming from?
Mr. Plummer: From the Marine Stadium and the funds that we raised during the
Unlimited.
Mayor Suarez: The Enterprise fund of the
Mr. Plummer: The Unlimited.
202 Septembi
r
t
Mayor Suarez: Moved and seconded. How much is the amount?
Mr. Plummer: Twenty-five.
Mayor Suarez: Call the roll.
Mr. Plummer: This was formerly approved, Mr. Mayor.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-872
A RESOLUTION FORMALIZING MOTION 89-684, ADOPTED AT THE
CITY COMMISSION MEETING OF JULY 13, 1989, BY
ALLOCATING AN AMOUNT NOT TO EXCEED $25,000 FROM THE
1988-89 MARINE STADIUM ENTERPRISE FUND TO CURE AIDS
NOW, INC. FOR THE PURPOSE OF PROVIDING A HOME
DELIVERED MEALS PROGRAM TO HOMEBOUND AIDS PATIENTS,
AND FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO
AGREEMENT WITH SAID AGENCY FOR SAID PURPOSE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Plummer: And in uniformity, Mr. Manager, the same applies to them as to
everybody else, you do not give them the money, they surrender bills, you
approve them and they're paid.
Mr. Dawkins: Mr. Manager, don't forget to tell all the employees to bring a
can -bring something for the people of South Carolina.
Ms. Range: South Carolina.
53. APPROVE PURCHASE OF ADDITIONAL MICROCOMPUTERS AND PERIPHERAL EQUIPMENT
FROM UNISYS CORPORATION (under existing Florida State Bid Award Contract
250-040-89-1) - for Police Department - Allocate funds.
Mayor Suarez: Lt. Longueira, you had a couple of items that had to be,
hopefully, handled today if possible? You want to try to explain them? Mr.
Manager, do you want to participate in this, air? Yes.
Lt. Longueira: The first one is a microcomputer acquisition for the Police
Department.
Mr. Dawkins: Move it.
Mr. Plummer: No, no, no.
Mayor Suarez: Wait, wait, let him explain why. Let him explain why.
203 September 28, 1989
1-1
71
Lt. Longueira: I've been informed by the Department of Computers that if we
accomplish this by the and of the month, the City experiences a $60,000
savings.
Mr. Plummer: Hey, I have not seen it, I don't know a thing about it. I'm
always the one that people turn to and look to because of the computers and
you're surprising me with this?
Mayor Suarez: Do you want to pass it subject to his review with three day
approval? No? Try another one if you want, we may have lost $60,000. Maybe
we don't need the computer at all, I don't know.
Mr. Plummer: You are asking me to vote on something I haven't even seen?
Hey, if you want to do it and give me five days in which to look it over, if I
find no problem in letting it go through, but my God!
Mayor Suarez: Do you want to keep that, retain that for yourself,
Commissioner Dawkins, too?
Mr. Dawkins: Do it that way, do it that way.
Mr. Plummer: Hey, if you...
Mayor Suarez: All right, Commissioner Dawkins and Commissioner Plummer will
sign away on it, and if they don't, within five days, it's automatically
approved, and with that proviso, I entertain a motion. Please, somebody.
Mr. Plummer: I'll move it under those circumstances.
Mayor Suarez: Moved. Thank you, call the roll.
Mr. Plummer: But they got an obligation to get their butt over here and bring
me all of the particulars.
Mayor Suarez: Yes, you don't have to go to them, they have to come to you.
Call the roll.
Mr. Plummer: No, no, let me tell you, I want to put on the record. Mr.
Manager, the next time I get appointed and asked to sit in on a committee to
sit in... Mr. Manager...
Mr. Odio: Yes, sir.
Mr. Plummer: The next time I get appointed and asked to sit in on a committee
and it's in reference to the Bicentennial Park, and I am supposed to sit in on
that meeting, and I am notified at 11:30 in the morning that the meeting has
been called for 2:00 o'clock in the afternoon, which I told him to shove it,
don't ask me to sit in on any more committees, OK? I'm telling you.
Mayor Suarez: Let the record reflect that he meant that he asked them, that
he was upset about it, all right.
Mr. Plummer: You damn right I was upset.
Mayor Suarez: You didn't really mean what he said.
204 September 28, 1989
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-873
A RESOLUTION APPROVING THE PURCHASE OF ADDITIONAL
MICROCOMPUTERS AND PERIPHERAL EQUIPMENT FROM UNISYS
CORPORATION, UNDER AN EXISTING STATE OF FLORIDA BID
AWARD CONTRACT NO. 250-040-89-1, FOR THE MIAMI POLICE
DEPARTMENT, AT A PROPOSED COST OF $310,612; ALLOCATING
$255,719 THEREFOR FROM THE POLICE DEPARTMENT'S 1989-90
CAPITAL IMPROVEMENT BOND FUND, AND $54,893 FROM THE
LAW ENFORCEMENT TRUST FUND; AND AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE PURCHASE ORDERS FOR THE EQUIPMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
_ Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
54. APPROVE PURCHASE OF OFFICE FURNITURE FOR SOUTH DISTRICT POLICE
SUBSTATION (under existing Dade County Bid 10-72) - from Richard Plummer
Co., J.C. White Co., and Camilo Muebles, Inc. - Allocate funds.
Mayor Suarez: All right, the last one that you want has to do with furniture
for the substation in Little Havana. Now, why do we have to buy on an
emergency basis the furniture for the substation other than the fact that we
are trying to get the substation operational, of course?
Mr. Plummer: It's not even finished.
Mayor Suarez: I know, there's other reasons, there's other reasons.
Lt. Longueira: This other item pertains to the acquisition of substation
furniture on a County bid. We've been working on this. The County bid
expires the end of the month, otherwise we've got to out for formal bids which
will delay delivery.
Mayor Suarez: Any particular reason we couldn't have gotten this on the
agenda today?
Lt. Longueira: Just, we've been wrestling with the budget on the substation
as it is, and we just haven't been able to resolve that.
Mayor Suarez: You are within budget on this acquisition?
Lt. Longueira: Yes.
Mayor Suarez: And obviously you needed furniture.
Lt. Longueira: On this it is, we had $92,000 budgeted.
Mr. Plummer: Question.
Mrs. Range: Mr. Mayor.
205 September 28, 1989
Mr. Plummer: Question.
_ Mrs. Range: Mr. Mayor, I have a question. I'm in accord with this, but where
are we on the permanent furnishings for the Liberty City?
Mayor Suarez: Good point. How are we doing on Liberty City substation
furnishings?
Lt. Longueira: OK, all of the... we are in the middle of delivery. All of
the file cabinets have been delivered.
• Mayor Suarez: Well, you couldn't be in the middle of delivery yourself, I
don't see you in the middle of anything except being here making a
presentation to us. —
Lt. Longueira: Well, in the last week we had all of the file cabinets
delivered, approximately half of the chairs have been delivered and next week
I expect delivery of desks to start. It will be completed by the 29th of
October.
Mrs. Range: The 29th.
Lt. Longueira: Yes.
Mrs. Range: How many months has that been since that station opened?
Lt. Longueira: Well, since the station opened...
Mrs. Range: Yes.
Lt. Longueira: ... it has been about, by the end of October, it will be ten
months. From the time the bid was awarded finally, I believe it will be like
90 days or 120 days. The problem was with the award of the bid.
Mayor Suarez: Yes, OK, on...
Mrs. Range: Very well, understand.
Mr. Plummer: This allocation... I'm sorry, are you finished?
Mrs. Range: All through.
Mr. Plummer: This allocation for the Latin, does it come under the
$5,000,000?
Lt. Longueira: Yes, sir.
Mr. Plummer: Have we seen, do we have a list of what's being purchased?
Mayor Suarez: Let the record reflect that the allocation is for the Little
Havana substation, not Latin in any particular way.
Mr. Odio: I need to put something... Miller, please. I want you to hear this,
because I have the memo on my desk and I don't want to sign it, because I have
never done anything that I couldn't face up to. You told me that we would
never exceed the $5,000,000.
Mr. Plummer: Correct.
Mr. Odio: Correct. I have a problem in the Little Havana substation that if
we... we will run $80,000 short. Or, in other words, we would run $80,000
over the $5,000,000 if we buy the lockers with... we need lockers for the
police officers.
Mr. Plummer: Why?
Mr. Odio: I mean, they have to change clothes and hang their clothes and...
Mr. Dawkins: You all got a problem.
Mr. Odio: I have an $80,000 problem in which I ...
206 September 28, 1989
Mr. Plummer: Well, you got a problem.
Mr. Odio: Miller, Commissioner, we paid $2,000,000 for the land.
Mr. Plummer: You've got a problem! We told you 4,000 times...
Mr. Odio: Well, let me explain.
Mr. Plummer: No way!
Mr. Odio: Let me explain something. We want to have the officers meeting the
same conditions that we have them in Little Havana...
Mr. Plummer: Then take something else out of the station.
Mr. Odio: We can't, we have...
Lt. Longueira: Commissioner, we've tried to do that all along. The problem
is with the delay in the project getting started. We've got $185,000 in that
the contra wants and increase.
Mr. Plummer: Joe, that's what you've got a contingency fund for.
Mr. Odio: But Commissioner Plummer, let me say this...
Mayor Suarez: The problem was the land acquisition, that's really what the
problem was.
Mr. Plummer: Let me tell you...
Mr. Odio: On a $5,000,000 project that we exceed...
Mr. Plummer. ... whoever designed that building is building as monument to
themselves.
Mr. Odio: Well I think the same.
Mr. Plummer: It is not a functional building.
Mayor Suarez: Well, I think it looks beautiful myself.
Mr. Odio: The problem is, Commissioner Dawkins that I...
Mayor Suarez: I think it looks beautiful. In fact, that's the nicest looking
substation I've ever seen in my life. Anyhow, we are beyond that point, it's
built, guys. Yes, Mr. Manager.
Mr. Dawkins: Mr. Mayor are we adjourned?
Mr. Odio: Let me exceed by $80,000.
Mayor Suarez: We're just about to adjourn, but if you want to handle this
item, if not, we are adjourning right now. It's up to you.
Mr. Plummer: What's that?
Mayor Suarez: He asked if we are adjourned, I said if everybody leaves, we
are adjourned de facto. I mean, if you want to handle this item, we'll handle
this item, it's up to you.
Mr. Dawkins: It's no way we're going to handle the item. We were budgeted
$5,000,000...
Mayor Suarez: Are you saying that this will push us over, this particular
acquisition?
Mr. Odio: No, no, not this one.
Mayor Suarez: Not this one yet.
Mr. Odio: Something else though I need to do, I have...
207 September 28, 1989
Mayor Suarez: It is the lockers that will push us over.
Mayor Suarez: This one will not push us over, but I am saying to you today
that I am going to need $80,000 to get the lockers and other stuff.
Mr. Plummer: No, you're notl
Mr. Dawkins: Wait a minute, hold it, hold it. To put where?
In the locker room.
Mr. Dawkins: In which locker room?
Mr. Odio: Little Havana substation.
Mr. Dawkins: So that will put you over budget, so how are you sitting here
telling me it's not going to?
Mr. Odio: That's why I am asking you today before I do the expenditure to get
the approval.
Mr. Dawkins: Mr. Mayor, he's saying it won't go over, now he's saying if he
gets the $80,000 it'll go over.
Mr.. Odio: No, this one will not, this one will not.
Mayor Suarez: Yes, but the furniture won't, it's the lockers, if we later...
Mr. Odio: It is the lockers and other...
Mr. Dawkins: Alright leave off some chairs and buy the lockers. Leave off
some table and chairs and buy the lockers.
Mr. Plummer: You had better set your priorities, I am not voting for one
penny over $5,000,0001
Mayor Suarez: Mr. Manager, I suggest that we bring up the item in a way that
the Commissioners have a choice of what they want to spend with the rest of
the money that we have within the budget, and maybe we will have to look for
some donated furniture, I don't know... donated lockers, donated something)
Mr. Odio: This will not exceed the budget, so you can vote for this and I
will not do the other, that's all.
Mr. Plummer: That's fine.
Mrs. Range: But what the other items that you are not going to vote for?
Mr. Dawkins: No, no, no. I want you to put what you have to put in there.
Mr. Odio: I'll get somebody to donate the lockers.
Mr. Dawkins: I don't want you telling the guys that you didn't put the
lockers in because Miller Dawkins didn't want it.
Mr. Odio: No, no, I will get the lockers somehow, let me put it that way.
Mayor Suarez: I'll entertain a motion on the purchase of the furniture, which
is needed and which is going to go under a County bid at a substantially lower
price.
Mrs. Range: I'll offer the motion.
Mayor Suarez: So moved.
Mr. Dawkins: Second.
Mayor Suarez: Thank you. Call the roll before they change their mind.
208 September 28, 1989
The following resolution was introduced by Commissioner Range, who moved
its adoption:
RESOLUTION NO. 89-874
A RESOLUTION APPROVING THE PURCHASE OF OFFICE
FURNITURE FOR THE SOUTH DISTRICT POLICE SUBSTATION
UNDER AN EXISTING DADE COUNTY BID NO. 10-72 FROM
RICHARD PLUMMER CO. IN THE AMOUNT OF $5,899.96, J.C.
_ WHITE CO. IN THE AMOUNT OF $27,052.52 AND CAMIT.O
MUEBLES, INC. IN THE AMOUNT OF $59,785.00 FOR THE
_ POLICE DEPARTMENT AT A TOTAL PROPOSED COST OF
$92,737.48; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL
IMPROVEMENT PROJECT NO. 312008 ACCOUNT CODE NO.
299401-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS
FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Victor De Yurre
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: So long as it does not exceed $5,000,000, I vote yes.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 7:59 P.M.
ATTEST:
batty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
Xavier L. Suarez
M A Y 0 R
i
* trrcoxNMnHATeiD
o ie9e
209 September 28, 1989
OF
CITY OF MIAMI
{} reeos CRATED t}
ie ee
f�o��°� DOCUMENT INDEX
MOM QAM September 28, 1989
PAGE No: 1 of 2 {
DOCtJNENT DEPtTF1CAT101+!
RETREVAL 0M NO
(RESOLUTIONS)
RESTRICT PEDDLERS IN FRONT OF BAYFRONT PARK DURING "DISCOVERY
89-852
OF AMERICA DAY" FESTIVITIES.
ACCEPT BID: PITMAN PHOTO, INC. - FOR FURNISHING PHOTOGRAPHIC
89-843
EQUIPMENT FOR POLICE DEPARTMENT/SPECIAL INVESTIGATION SECTION.
ALLOCATE AMOUNT ($1,000) FROM SPECIAL PROGRAMS IN SUPPORT OF
89-851'
OF THE BICYCLE CENTER - FURTHER GRANT REQUEST BY THE BICYCLE
CENTER FOR STREET CLOSURE - CONCERNING UPCOMING EVENT.
APPROVE EXECUTION OF WARRANTY DEED TO MIAMI-DADE COMMUNITY
89-853
COLLEGE CONVEYING TITLE TO PROPERTY _ FOR EXPANSION OF THEIR
MEDICAL CENTER CAMPUS.
ACCEPT BIDS:(A) PUBLIC SAFETY DEVICES, AND (B) METRO DIS-
89-854
TRIBUTOR - FOR FURNISHING RIOT EQUIPMENT TO POLICE DEPT.
ALLOCATE FUNDS ($55, 000) FUNDING TO BE PROVIDED FROM',TTHE LAW
89-856
ENFORCEMENT TRUST FUND - FOR EXPENDITURES ON LAW ENFORCEMENT
AND ANTI -DRUG EDUCATION - APPROVED BY THE CHIEF OF POLICE.
AUTHORIZE MANAGER TO PURCHASE/INSTALL "WELCOME" SIGNS - AT
89-858
ENTRANCE OF TARGET AREAS (ALLAPATTAH, EDISON-LITTLE RIVER,
LITTLE HAVANA, MODEL CITY, OVERTOWN, AND WYNWOOD) ALLOCATE
CDBG FUNDS.
APPROVE VACATION/CLOSURE OF ALLEYS - LOCATED WITHIN BRICKELL
89-860
AVE, S.E. 14th. LANE, S.E. BAYSHORE DRIVE & S.E. 14th. TERRACE
(APPLICANT: BRICKELL GATEWAY, LTD.)
APPROVE MAJOR USE SPECIAL PERMIT FOR GRAN CENTRAL PROJECT -
89-861
CONSISTENT WITH DOWNTOWN MIAMI D.R.I. - AT APPROXIMATELY
101-109 NW 1st. STREET, 104-250 NW 1st. AVENUE & 100-110
NW 3rd. STREET, PART OF FEC RIGHT-OF-WAY BETWEEN NW 1st. &
3rd.STREEST.
APPROVE SPECIAL EXCEPTION TO PERMIT DRIVE-IN FACILITY AT
89-862
144 S.W. 7th, 145 S.W. 8th. & 153 S.W. 8th. STREETS,
(APPLICANT: BARNETT BANK OF SOUTH FLORIDA, N.A. )
UPHOLD APPEAL BY COCONUT GROVE CIVIC CLUB - REVERSE ZONING
89-863
BOARD'S APPROVAL OF SPECIAL EXCEPTION TO ALLOW ADDITION TO
EXISTING UNIT AT 3069-71 DAY AVENUE. (APPLICANT: STANLEY
WALKER).
UPHOLD APPEAL BY COCONUT GROVE CIVIC CLUB . REVERSE ZONING
89-864
BOARD'S APPEAL OF VARIANCE TO ALLOW ADDITIONS TO EXISTING
UNITS AT 3069-71 DAY AVENUE (APPLICANT: STANLEY WALKER.)
PAGE 2 OP 2
Se tember 28, 1989
DOCUMENT IDENTIFICATI0N RETRIEVAL CODE N( ti
--_-__ ---__ (RESOLUTIONS)
RESCHEDULING THE FIRST REGULAR CITY COMMISSION MEETING IN
NOVEMBER, 1989 TO TAKE PLACE ON NOVEMBER 16, 1989. COMMENCING
AT 9:00 A.M.
APPROVE SALARY INCREASE FOR WALTER FOEMAN, ASSISTANT CITY CLERK.
APPROVE SALARY INCREASE FOR CESAR H. ODIO, CITY MANAGER.
APPROVE SALARY INCREASE FOR JORGE FERNANDEZ, CITY ATTORNEY.
APPROVE SALARY INCREASE FOR MATTY HIRAI, CITY CLERK.
FORMALIZE MOTION 89-684•- ALLOCATE $'25-,000 FOR CURE AIDS
NOW, INC. - TO PROVIDE HOME -DELIVERED MEALS - AUTHORIZE
AGREEMENT.
APPROVE PURCHASE OF ADDITIONAL MICROCOMPUTERS AND PERIPHERAL
EQUIPMENT FROM UNISYS CORPORATION (UNDER EXISTING FLORIDA
STATE BID AWARD CONTRACT 250-040-89-1) - FOR POLICE DEPT.
ALLOCATE FUNDS.
APPROVE PURCHASE OF OFFICE FURNITURE FOR SOUTH DISTRICT POLICE
SUBSTATION (UNDER EXISTING DADE COUNTY BID 10-72 ) FROM RICHARD
PLUMMER CO.,INC. J.C. WHITE CO., AND CAMILO MUEBLES, INC.
ALLOCATE FUNDS.
89-866
89-869
89-870
89-870.1
89-871.2
89-872
89-873
89-874