HomeMy WebLinkAboutCC 1989-04-27 Minutes�
11
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OF MEETING HELD ON APRIL 27th, 1989
( Planning and Zoning )
PREPARED 13Y THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
APRIL 27, 1989
ITEM
SUBJECT
LEGISLATION
PAGE
_
NO.
NO.
---------
_ 1.
-----------
----
1
PRESENTED
------------------------------
PRESENTATIONS, PROCLAMATIONS AND
SPECIAL ITEMS.
4/27/89
2.
DISCUSS & TEMPORARILY DEFER - DIRECT
DISCUSSION
2
CITY ATTORNEY TO DRAFT EMERGENCY
4/27/89
_
ORDINANCE TO WAIVE POOL CHARGES DURING
_
THE SUMMER OF 1989 FOR YOUTH WHO CANNOT
AFFORD TO PAY (See label 15).
A) DEFER UNTIL NEXT MEETING
M 89-387
2-44
-
CONSIDERATION OF PROPOSED 15TH YEAR
M 89-388
CDBG GRANT FUNDING FOR CHILD CARE
ORDINANCE
PROGRAMS.
FIRST READING
NOTE FOR THE RECORD: At this point,
M 89-389
Vice Mayor De Yurre recognizes children
M 89-390
from Little League, Hadley Park.
4/27/89
B) AUTHORIZE MANAGER TO SUBMIT
APPROVED GRANT PROGRAM FINAL STATEMENT
TO U.S. HUD - requesting $11,742,000
for the City's proposed Community
Development Program during 1989-1990 -
Authorize Manager to accept grant and
execute necessary agreements.
C) FIRST READING ORDINANCE: Establish
new special revenue fund: "Community
Development Block Grant (Fifteenth -
Year)" - $11,742,000.
D) APPROVE $1,000,000 TO BE TAKEN FROM
CDBG FUNDING/STREET IMPROVEMENT FUNDS
IN CONNECTION WITH ACQUISITION OF
CAMILLUS HOUSE.
E) EARMARK $1,000,000 FROM CDBG STREET
IMPROVEMENT FUNDS FOR ACQUISITION AND
DEMOLITION OF AFFORDABLE HOUSING
PROJECTS IN LITTLE HAVANA AREA AND THE
AREA BETWEEN N.W. 53RD THROUGH 57TH
STREETS AI4D FROM 7TH AVENUE TO THE
EXPRESSWAY (See label 22).
4. DISCUSSION ON POSSI➢LE SALE OF MIIa.MI
DISCUSSION
SPRINGS GOLF COURSE.
4/27/89
5. DIRECT ADI'IINISTRATION TO MAKE THE
DISCUSSION
HADLEY PARK LITTLE LEAGUE FIELD
4/27/89
SUITABLE FOR TOURNAMENT GAMES BY YOUTHS
FROM MTUNDU YOUTH SERVICE ORGANIZATION,
INC.
6. APPROVE IN PRINCIPLE FUNDING REQUEST
M 89-391
FOR $625,000 IN ORDER TO STIMULATE
4/27/89
ECONOMIC DEVELOPMENT IN BLACK
COMMUNITIES IN DADE COUNTY - as
described in the report: "Tools for
Change" - Direct Manager to identify
appropriate funding source at a later
meeting (See label 8).
44-45
46
47-49
k
LA
y.
DISCUSS AND REFER TO CITY MANAGER
DISCUSSION
49
RELOCATION OF AUTO POUND.
4/27/89
84
(Continued Discussion) - CONCERNING THE
DISCUSSION
49-50
"TOOLS FOR CHANGE" PROJECT AND TAX FOR
4/27/89
ECONOMIC DEVELOPMENT VENTURES (See
label 6).
9.
PRESENTATION.
DISCUSSION
50
4/27/89
10.
PERSONAL APPEARANCE BY MR. GEORGE PRICE
DISCUSSION
50-52
TO DISCUSS THE PAA CLIPPER PIONEERS'
4/27/89
REQUEST FOR EXCHANGE OF PROCLAMATIONS
BETWEEN THE CITY AND GERMANY.
11.
SECOND READING ORDINANCE: Amend Code
ORDINANCE
52
Section 14-17 - expand the boundaries
10575
of the Downtown Development District.
4/27/89
12.
FIRST READING ORDINANCE: Amend Code
ORDINANCE
53
Section 53-135 - increase charges for
FIRST READING
Orange Bowl Stadium parking passes -
4/27/89
Apply increased rates for parking at
Miami Bobby Maduro Baseball Stadium and
Commodore Ralph Munroe Marine Stadium.
13.
RATIFY MANAGER'S ACTION IN MAKING
R 89-392
54
APPLICATION TO FLORIDA LEAGUE OF CITIES
4/27/89
FOR $8,500,000 LOAN - Payment of $7,225
to accompany application from Orange
Bowl Enterprise Fund Operating Budget.
14.
FIRST READING ORDINANCE: Amend 10521
ORDINANCE
54-56
by establishing a new project: "Hadley
FIRST READING
Park - Pool Replacement" (Project No.
4/27/89
331349) - Appropriate $2,100,000 from
proposed issuance of Guaranteed
Entitlement Revenue Bonds, Series 1989.
15.
(Continued Discussion): EMERGENCY
ORDINANCE
57-58
ORDINANCE - Waive payment of fees
10576
charged for admission to City -owned
4/27/89
swimming pools during summer months
(See label 2).
16.
AUTHORIZE EXECUTION OF AGREEMENT WITH
R 89-393
58-64
URBAN ARCHITECTS, INC. - for
4/27/89
professional design consultant services
in connection with the Orange Bowl
Modernization Project- - Phase II - to
be funded by Florida League of Cities
Bond Pool Proceeds.
17.
DISCUSSION IN CONNECTION WITH: (a)
DISCUSSION
65-68
SCOREBOARD AT ORA14GE BOWL, AND (b)
4/27/89
INSTALLATION OF THE CITY HALL SIGN.
18.
GRANT REQUEST RECEIVED FROM GREATER
M 89-394
69-71
BISCAYNE BOULEVARD CHAMBER OF COMMERCE
4/27/89
TO APPROVE FLOOR PLANS FOR POLICE MINI -
STATION IN LEGION PARK.
FIRST READING ORDINANCE: Amend 10459 -
ORDINANCE
72-74
Require that Miami Waterfont Advisory
FIRST READING
Board be informed of issues concerning
4/27/89
major development end/or disposition of
City -owned wAterfront property at same
-
time or before other committees.
20.
ACCEPT PLAT: "HORTA SUBDIVISION".
R 89-395
75
4/27/89
21.
DISCUSSION BY MR. HOWARD FEINBERG,
DISCUSSION
75-80
(COCONUT GROVE STREET MERCHANTS
4/27/89
ASSOCIATION) - requesting amendments to
street vendor ordinance.
22.
(A) (Continued Discussion)
DISCUSSION
81-87
AFFORDABLE RENTAL HOUSING -
4/27/89
Request of the City to clear and
demolish scheduled sites to make
them ready for affordable housing
s
(See label 3E) (B) DIRECT
ADMINISTRATION TO CLEAN UP LOT IN
=
FRONT OF THE ST. HUGHES PROPERTY.
23.
DIRECT CITY ATTORNEY TO REVIEW CHALK'S
M 89-396
87-99
AIRLINES PROPOSED SETTLEMENT CONTRACT -
4/27/89
—
Authorize negotiations and direct City
Attorney to come back with finalized
contract for the Commission's
—
consideration.
24.
DISCUSSION REGARDING STATUS OF
DISCUSSION
99-100
INSTALLATION OF PARKING METERS IN
4/27/89
—!
PARKING LOT 56 (BISCAYNE & 36TH STREET)
AND LOCATION OF ADDITIONAL METERS IN
—'
-1
N.E. AREA.
25.
A. DISCUSSION CONCERNING DEMOLITION
DISCUSSION
101-111
THROUGHOUT THE CITY BY ONLY ONE
M 89-397
-�
COMPANY.
4/27/89
--±
B. INSTRUCT CITY ATTORNEY TO PREPARE
ORDINANCE STIPULATING THAT ANY
TEMPORARY CERTIFICATE OF OCCUPANCY
(C.O.) ISSUED MUST HAVE A MINIMUM OF 10
PERCENT Of PROJECT COST PLACED IN A
BOND.
26.
COMMISSIONER I14QUIRES OF CITY ATTORNEY
DISCUSSION
111-112
CONCERNING TWO ISSUES: (a) PREVIOUSLY
4/27/89
REQUESTED REPORT ON ELIMINATION OF
TRANSITIONAL USES, A14D (b) RIEQUI.REMENT
THAT APPLICANTS PULLING A BUILDING
PERMIT BE REQUIRED TO COt•MENCE BUILDING
WITHIN ONE YEAR.
27.
UPDATE ON RELATIONSHIP BETWEEN THE
DISCUSSION
112
?
OFFICE OF MINORITY/WOMEN BUSINESS
4/27/89
1
AFFAIRS AND HOUSING CONSERVATION AND
DEVELOPMENT AGENCY - Request report in
90 days.
28.
DISCUSSION CONCERNING RENOVATION AND
DISCUSSION
113-114
RESURFACING OF TENNIS COURTS AT MOORE
4/27/89
PARK.
29.
UPDATE ON THE EDISON CENTER GATEWAY
DISCUSSION
114
-
PROJECT.
4/27/89
iP �"
30.
SUPPORT LOBBYING EFFORTS BY THE
R 89-398
115
MUNICIPALITIES TRUST FUND CORPORATION
4/27/89
IN SECURING STATE FUNDING TO CONSTRUCT
A COMMUNITY CENTER.
31.
UPDATE ON BLOCK -BY -BLOCK INSPECTIONS BY
DISCUSSION
116-117
THE FIRE DEPARTMENT FOR POSSIBLE
4/27/89
VIOLATIONS IN THE N.E. AREA.
32.
GRANT 90-DAY EXTENSION TO CARVER
M 89-399
118-124
DEVELOPMENT CORPORATI014 AND ST.
4/27/89
JOHN'S COMMUNITY DEVELOPMENT
CORPORATION FOR DEMOLITION OF
CARVER HOTEL, - Request developers
to provide finance plan within a
90-day period - Instruct
Administration to draw up
indemnification agreement.
33.
DISCUSSION CONCERNING THE NEWSRACK
DISCUSSION
125-127
ORDINANCE - Instruct Administration to
4/27/89
enforce existing ordinance and report
at each meeting how many boxes have
been removed.
34.
DISCUSSION CONCERNING PURCHASE OF
DISCUSSION
127-129
GARBAGE EQUIPMENT.
4/27/89
35.
GRANT REQUEST BY COMMITTEE ON
R 89-400
130-132
BEAUTIFICATION AND ENVIRONMENT FOR
4/27/89
WAIVER OF RENTAL FEES AT BAYFRONT PARK
AMPHITHEATER FOR 52ND ANNUAL ROYAL
POINCIANA FIESTA, "AMERICAN MUSIC
JAMBOREE."
36.
(Continued Discussion): COMMENTS BY
DISCUSSION
132
MAYOR SUAREZ INFORMING THAT THE CITY
4/27/89
WOULD PROVIDE THE NECESSARY EQUIPMENT
SO THAT MEMBERS OF THE HADLEY PARK
LITTLE LEAGUE COULD MARK THE BASEBALL
FIELDS THEMSELVES (See label 5).
37.
GRANT REQUEST BY LIONS INTERNATIONAL
R 89-401
133-134
FOR WAIVER OF RENTAL FEE FOR USE OF
4/27/89
BAYFR014T PARK AMPHITHEATER.
38.
A. DISCUSSION CONCERNING SINGLE MEMBER
R 89-402
134-147
DISTRICTS FOR CITY OF MIAMI ELECTIONS -
M 89-403
Create a 5-member Ad Hoc Committee -
I1 89-404
Appoint members - Charge committee with
4/27/89
specific concerns regarding (a)
District system of elections, (b)
adoption of Executive Ilayor form of
government - Direct Idministration to
render special «u ort to th
„ pp e
Com.,nittee - Request interim status
reports at each Commission meeting.
(Appointed were: Manuel Alonso-Poch,
Esq., Dr. Bill Perry, Jr., Joseph
Portuondo, Esq., Steve Suarez - pending
still is one appointment.
B. SCHEDULE A SPECIAL ELECTION ON
NOVEMBER 7, 1989 IN CONNECTION WITH
SINGLE MEMBER DISTRICTS FOR THE CITY OF
MIAMI.
39.
GRANT APPEAL, BY OBJECTOR - REVERSE
R 89-405
148-150
ZONING BOARD'S APPROVAL OF SPECIAL
4/27/89
EXCEPTION TO CONSTRUCT/OPERATE A
HELISTOP 014 TERREMA.RK BUILDING (2601
SOUTH BAYSHORE DRIVE) (Applicant:
Terremark Center, Ltd.)
40.
CONTINUE THREE PROPOSED FIRST READING
M 89-406
150-152
ORDINANCES - in connection with the
4/27/89
elimination of transitional uses, to
the next Planning end Zoning meeting.
41.
AUTHOR.IZE CITY ATTORNEY TO SEEK
R 89-407
152-153
DECLARATORY RELIEF IN CONNECTION WITH
4/27/89
FLORIDA SUPREME COURT'S RECENT DECISION
REGARDING OFFSET TAKEN BY PENSION
BOARDS OF DISABILITY PENSION BENEFITS -
further authorize City Attorney to seek
outside legal counsel, if deemed
necessary by him.
42.
RESCHEDULE FIRST CITY COMMISSION
R 89-408
153-154
MEETING IN JUNE TO TAKE PLACE ON
4/27/89
JUNE 7TH, 1989.
43.
EMERGENCY ORDINANCE: Establish new
ORDINANCE
154-155
special revenue fund: "EMS First Aid
10577
Resource Training (FY 189)".
4/27/89
44.
SECOND READING ORDINANCE: Amend zoning
ORDINANCE
155-156
atlas by changing and clarifying zoning
10578
designation at approximately 115-129
4/27/89
S.W. 36th Court from CR-3/7 to RG-1/3
(Applicant: Planning Department.)
45.
SECOND READING ORDINANCE: Amend 9500,
ORDINANCE
156-158
"Limitations on Location and Extension
10579
of Docks and Piers in Residential and
4/27/89
CR-2 Districts; Limitations on Location
and Character of Vessels Docked or
Moored"; "Special Limitations
Concerning Modification of Separation
Requirement in RG-2.1, RG-3, and SPI-5
Districts"; "Extensions of Docks and
Piers into Waterways Generally";
"Extensions of Docks into Waterways,
Canals or Biscayne Bay; Special
Exceptions" - Increase permitted
distance that docks or piers inay extend
into Biscayne Bay &nd other. watervaYs -
Prohibit grants of variance in these
instances i.n R S--1, RS-2 and RG-1
Districts (Applicant: l'lantling
Department).
46.
SECOND READ114G ORDINANCE: t.mcnd zoning
ORDINANCE
158-159
atlas by changing and clarifying
10580
designation of the entire lot at
4/27/89
approximately 879 N.E. 78th Street from
a combination of CR-3/7 and RS-2/2 to
CR-3/7 (Applicant: Planning
Department.)
47.
SECOND READING ORDINANCE: Amend zoning
ORDINANCE
159-160
atlas at approximately 6500-6598 W.
10581
Flagler Street from RG-3/5 to CR-2/7
4/27/89
(Applicants: Peter and Antonia Olivera,
et al).
4$.
A. FIRST READING ORDINANCE: Amend Miami
ORDINANCE 160-166
Comprehensive Neighborhood Plan 1989-
FIRST READING
2000 by changing land use designation
R 89 409
at approximately 833-899 N.W. 4th
ORDINANCE
Street, 430 and 490 N.W. South River
FIRST READING
Drive and 401-449 N.W. 9th Avenue from
4/27/89
Multi -Family Medium Density Residential
to multi -Family High Density
Residential. (Applicant: G & J
Investment Corp.).
B. DIRECT CITY CLERK TO TRANSMIT TO
FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS, FOR 90-DAY REVIEW AND COMMENT,
PROPOSED SMALL SCALE PLAN AMENDMENT TO
THE FUTURE LAND USE PLAN MAP OF MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-
2000 - Change designation at
approximately 833-899 N.W. 4th Street,
430 and 490 N.W. South River Drive and
401-449 N.W. 9th Avenue from Multi -
Family Medium Density Residential to
Multi -Family High Density Residential.
C. FIRST READING ORDINANCE: Amend
zoning atlas at approximately 833-899
N.W. 4th Street, 430 and 490 N.W. South
-
River Drive and 401-449 N.W. 9th Avenue
from RG-2/5 to RG-3/5 (Applicant: G & J
Investment Corp.).
49.
AMEND PREVIOUSLY APPROVED DEVELOPMENT
R 89-410 166-168
ORDER FOR BRICKELL SQUARE PHASES II AND
4/27/89
III PROJECT - at approximately 845-999
Brickell Avenue (a DRI) (See label 53).
50.
CONTINUE TO NEXT MEETING PETITION FOR
DISCUSSION 169-173
CLOSURE OF EAST -WEST ALLEY - located
4/27/89
within block bounded by N.E. 78th and
79th Streets, N.E. 3rd Court and FEC
right-of-way as well as the east, plus
or minus 43.33' of that portion of N.E.
78th Street lying west of FEC right-of-
way (Applicant: 79th Street Storage,
Inc.).
51.
GRANT REQUEST PERMITTING REDUCTION IN
R 89-411 173-179
MINIMUM REQUIRED NUMBER OF RESERVOIR
4/27/89
CAR SPACES AT AMOCO DRIVE-IN FACILITY
(1660 W. Flagler Street).
52.
DISCUSS AND TE14PORARILY DEFER
DISCUSSION 180
DISCUSSION CONCERNING ZONING AND
4/27/89
TRAFFIC ALTERNATIVES - in the area of
Coral Way bet%.c-en S.W. 32nd and 37t-h
Avenues. (Note: This item Was not taken
Up again and therefore was continued to
the meeting of I4ay 25, 1989.)
53.
(Continued Discussion): BRIEF COMMENTS
DISCUSSION 180
IN CONNECTION WITH AMENDMENT TO
4/27/89
PREVIOUSLY APPROVED DEVELOPMENT ORDER
FOR BRICKELL SQUARE PHASES II AND III
PROJECT - at approximately 845-999
Brickell Avenue (a DRI) (See label 49).
54.
A. DIRECT ADMINISTRATION THAT, IN
M 89-412
181-201
FUTURE, ADULT CONGREGATE LIVING
M 89-413
FACILITIES (ACLF) APPLICATIONS MUST
4/27/89
COME FOR APPROVAL BEFORE THE CITY
COMMISSION.
B. DIRECT ADMINISTRATION TO THOROUGHLY
INSPECT ALI, EXIST11G ACLFs FOR POSSIBLE
VIOLATIONS.
55.
A. GRANT REQUEST BY APPLICA1T (Joaquina
R 89-414
201-231
Concepcion) FOR SPECIAL EXCEPTION TO
R 89-415
PERMIT EXISTING OFFSITE PARKING IN
R 89-416
CONJUNCTION WITH EL MILAGRO MARKET AT
4/27/89
2289 S.W. 17TH AVENUE AND APPROXIMATELY
1681 S.W. 23RD STREET.
B. GRANT REQUEST BY APPLICANT
(Joaquina Concepcion) FOR SPECIAL
EXCEPTION TO ALLOW AN EXISTING 1
PERCENT INCREASE TO A LEGAL NON-
CONFORMING USE (GROCERY STORE) AT 2289-
93 S.W. 17TH AVENUE AND APPROXIMATELY
1681 S.W. 23RD STREET.
C. PERMIT VARIANCE TO ALLOW EXISTING
OFFSITE PARKING LOT AT 2289-93 S.W.
17TH AVENUE AND APPROXIMATELY 1681 S.W.
23RD STREET.
56.
CONTINUE CONSIDERATION OF PROPOSED
M 89-417
231-232
CLOSURE RESTRICTING VEHICULAR ACCESS TO
4/27/89
S.W. 28TH STREET AT INTERSECTION WITH
S.W. 26TH AVENUE AND S.W. 27TH LANE, ON
A TRIAL BASIS, WITH CONSTRUCTION OF
TEMPORARY BARRICADES.
57.
A. COMMISSION AGREEMENT TO CONSIDER
M 89-418
232-240
NON -AGENDA ITEMS AT THE CONCLUSION OF
M 89-419
EACH AGENDA.
4/27/89
B. CONTINUE ALL PLANNING AND ZONING
ITEMS NOT CONSIDERED ON THIS DATE OF
MAY 25TH.
C. SPECIFICALLY DIRECT ADMINISTRATION
TO RESTRICT AGENDA ITEMS TO BE
CONSIDERED ON EACH AGENDA.
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 27th day of April, 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. 9:10 a.m. by Vice Mayor De Yurre with
the following members of the Commission found to be present:
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
ABSENT: Mayor Xavier L. Suarez
ALSO PRESENT:
Cesar Odio, City Manager
Jorge L. Fernandez, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mrs. Kennedy who then led those present
in a pledge of allegiance to the flag.
NOTE FOR THE RECORD: Commissioner Kennedy announced that Mayor Suarez would
come in later due to his meeting with President George Bush this morning.
------------------------------------------------------------------------------
1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS.
------------------------------------------------------------------------------
1. Proclamation: Handsworth Police Amateur Boxing Club, Birmingham Day, a
successful program aimed to improve the lines of communication between
the community and the Police Department. Acceptance by Billy Sutton;
Paul Leopold, Assistant Chief Constable, then presented the City of Miami
with gifts (crystal decanter and glasses).
2. Scroll of Friendship: To West Midlands Police Department, City of
Birmingham, England for its concern in reaching its young population
through sports. Larry Martinez from the Miami Police Department
announced there would be a boxing match later, tonight at Virrick Gym.
3. Commendations: to Officers Orestez Chavez and Jac1: Culver as officers of
the month for April.
4. Proclamation: Dia de Eduardo Gonzalez Rubio, honoring him for his 30
years as radio and television announcer and community leader.
1 April 27, 1989
LA
11
2. DISCUSS & TEMPORARILY DEFER - DIRECT CITY ATTORNEY TO DRAFT EMERGENCY
ORDINANCE TO WAIVE POOL CHARGES DURING THE SUMMER OF 1989 FOR YOUTH WHO
CANNOT AFFORD TO PAY (See label. 15).
------ -----------------------------------------------------------------------
Mr. Dawkins: I have a pocket item before we get to that, please, Mr. Vice
Mayor. Mr. City Attorney...
Mr. Fernandez: Yes, sir.
Mr. Dawkins: I'd like for you to prepare an emergency ordinance for me to
bring back this afternoon. Summer is approaching and each summer we run into
a problem with youngsters and teenagers, for that matter, who cannot pay to
use the pool and I would like to propose that we make the City pools free for
individuals to use, because whether they get in the pool or not, the water has
to be purified, the lifeguards have to be on duty, so we really are not
helping ourselves by having an admission and a lot of people standing outside
the pool not using it, so I'd like for you to bring back this afternoon an
emergency ordinance so we could pass this so that when the pool is open,
they'll open free.
Mr. Fernandez: You will have it.
Mr. Dawkins: OK, thank you.
------------------------------------------------------------------------------
3. A) DEFER UNTIL NEXT MEETING CONSIDERATION OF PROPOSED 15TH YEAR CDBG
GRANT FUNDING FOR CHILD CARE PROGRAMS.
NOTE FOR THE RECORD: At this point, Vice Mayor De Yurre recognizes
children from Little League, Hadley Park.
B) AUTHORIZE MANAGER TO SUBMIT APPROVED GRANT PROGRAM FINAL STATEMENT TO
U.S. HUD - requesting $11,742,000 for the City's proposed Community
Development Program during 1989-1990 - Authorize Manager to accept grant
and execute necessary agreements.
C) FIRST READING ORDINANCE: Establish new special revenue fund:
"Community Development Block Grant (Fifteenth Year)" - $11,742,000.
D) APPROVE $1,000,000 TO BE TAKEN FROM CDBG FUNDING/STREET IMPROVEMENT
FUNDS IN CONNECTION WITH ACQUISITION OF CAMILLUS HOUSE.
E) EARMARK $1,000,000 FROM CDBG STREET IMPROVEMENT FUNDS FOR ACQUISITION
AND DEMOLITION OF AFFORDABLE HOUSING PROJECTS IN LITTLE HAVANA AREA AND
THE AREA BETWEEN N.W. 53RD THROUGH 57TH STREETS AND FROM 7TH AVENUE TO
THE EXPRESSWAY (See label 22).
Mr. De Yurre: OK, Mr. City Manager, do we have people that are going to be
speaking on item number one?
Mr. Odio: Yes, do you want to take that now, or wait for the Mayor?
Mr. De Yurre: What time is...
Mr. Odio: OK, yes, we have Community Development people here.
Mr. Castaneda: Yes, Commissioners, we had an extensive workshop about four
hours last Thursday on the Community Development Block Grant Program with your
aides. I think that we dealt on a variety of issues and there was a large
presentation by the public. Instead of rehashing what was discussed, do you
have any questions on what was discussed, or you would like some further
clarification on some issues?
Mr. De Yurre: My understanding is that we are just getting a, what is it, a
five percent cut across the board?
Mr. Castaneda: For Social Service agencies, there are 5.3 percent across the
board cuts.
2 April 27, 1989
Mr. Plummer: Well, I'm looking at one here that says, and I didn't pick on
this one, I just. happened to open the page, home delivery meals program for
home -bound AIDS patient., recommendation of 10.7 cut. How can it be five
across the board if this 10.7?
Mr. Castaneda: Commissioners, the 10.7 is with the option of funding $100,000
for Camillus licuse. I understand from the Law Department that that $100,000
doesn't have to be paid until next year, so that's not an issue.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Castaneda: That's correct, so what we are recommending is that across the
board cut of 5.1 percent.
Mr. Plummer: So in other words, on each one of these, as far as... I thought
that money had to be paid up front?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Excuse me?
Mr. Odio: We have $500,000.
Mrs. Kennedy: The $500,000 comes out of Street Improvements and...
Mr. Plummer: So in other words...
Mrs. Kennedy:.... then the $100,000 from Camillus.
Mr. Plummer: ... OK, the $100,000 a year for five years does not start until
next year, so each and everyone of the people in the community of social
programs realized that whatever cuts next year will be in additional five
percent.
Mr. De Yurre: Well, if you are talking about the $500,000 for Camillus House.
Mr. Castaneda: OK, why don't we divide the issue, Commissioners and talk
about the $100,000 and the $500,000, I think it will be a lot easier.
Mr. De Yurre: Well, the five hundred is one hundred times five, that's what
I'm talking about right now.
Mr. Odio: No, I guess what we are saying is the $100,000 starts next year.
Mr. De Yurre: At the end, it will start one year after we close on the deal.
Mr. Odio: So we can add $100,000 to social programs then and I...
Mr. De Yurre: Well, had it been pulled out already?
Mr. Castaneda: No. Well, there were two options, 5.1 percent cut option and
the 10.7 percent. cut option. 11hat the Manager is saying is this $100,000 does
not have to be paid to C,.-im-111us llcuse. until a year after closure, therefore
you do riot need to worry about the $100,000 this particular year.
Mr. Piuinmer: But that will be basically as anticipated now, would be a ten
percent, or five percent cut for five years.
Mr. Castaneda: That's correct, Commissioner, other than some other funding
source can be obtained.
Mr. Plummer: What is the total amount of money this year to be spent on
Social Services. Is that one...?
Mr. Castaneda: $1,761,300.
Mr. Plummer: Are there any new programs?
Mr. Castaneda: No. Oh, the Alternative Program was funded at the end of last
year. If you consider that a new program, then yes, we are funding one new
program which is the Alternative Program.
3 April 27, 1989
Mr. Plummer: All right. and basically what you are saying is each program is
taking a 5.1 percent cut.
Mr. Castaneda: That's correct end that's from the total allocation. Remember
that that includes the money that we give out in October from left over
monies. we hill do that again this year depending on how much money is left
over.
Mr. Dawkins: OK, from :chat part of this book did you take the money to
purchase the Camillus House?
Mr. Castaneda: That action has not taken place yet.
Mr. Dawkins: What part of the book did we designate taking the money from?
Mr. Castaneda: What we are recommending and I think by the motion of the
Commission, if you decide to take the money from Community Development to take
it from Street Improvements...
Mr. Dawkins: Street Improvement, what part of the book is that?
Mr. Castaneda: That would be attachment...
Mrs. Kennedy: That's Allapattah, Overtown and Little Haiti.
Mr. Castaneda: ... four and I'm sorry, Commissioners, we didn't put page
numbers on this.
Mr. Dawkins: OK, tell you what, let somebody find it for me while you and I
go through something else, unless somebody else over there finds it. OK.
Attachment five, coming from here. OK, good. Now, I'll get to that after
while. OK, now on page 7, the first of the ring pages...
Mr. Castaneda: Page 7...
Mr. Dawkins: OK, do you see downtown and the Edison -Little River?
Mr. Castaneda: Right.
—i Mr. Dawkins: Why is it, and somebody needs to explain it to me, why is it
that hot meals at the downtown for 250 people you are allocating $10,000 and
for the Douglas Garden senior adult, for 80 people you are allocating $21,000?
Somebody explain that to me.
Ms. Francena Brooks: The funds that are shown here are the Community
Development Block Grant funds only. The agency also, well both agencies
receive funds from other sources and we have the disclosure statement if you
want more specific information.
Mr. Dawkins: OK, Mrs. Brooks, that's fine, but the explanation I need is, how
you can feed 80 people Leith $21,000 and come back and feed 250 people with
$10,000? That's the only explanation I need.
Ms. Brooks: No, v.e are not doing that.
Mr. Dawkins: OK, what are we doing?
Ms. Brooks: We show the total and we monitor the total services the agency
provides. However, the amount of money that's shown here is only the portion
that will come out of the Community Development Block Grant. Both agencies
receive funds from other sources to operate their programs and I have those
figures, if you would like them.
Mr. Plummer: We were supposed to have in all subsequent of these books, what
the total funds of each agency was supposed to receive from all sources and I
don't find that here.
Ms. Brooks: We have that information if you would like it.
Mr. Plummer: That's fine, you are not voting, I am!
Ms. Brooks: We can provide that for you. We can copy it right now.
4 April 27, 1989
Mr. Dawkins: Go to page 8, Mrs. Brooks. Centro Mater, 250 children, $62,976;
Wynwood, 75 children, $69; Wynwood Elderly Services, feeding 600 people,
$185,000; and JESCA, (James E. Knight Community Association) feeding 750
people, $95,000.
Ms. Brooks: Again, you have to look at the entire... their whole funds
disclosure.
Mr. Dawkins: Where is that, and as J.L. said.
Ms. Brooks: OK, it's not in here and we can copy that for you. We'll copy it
right now, OK?
Mr. Dawkins: No, see... no, I mean, you can explain it to all these people
there.
Ms. Brooks: We monitor the entire program of every agency, but in every case,
the amount that is shown here will not directly relate to the number of meals
or persons served.
Mr. Dawkins: But Mrs. Adker has been down here complaining that Overtown does
not get fair, I mean that the elderly... other people, the people from Wynwood
have been down here, that they got people who do not be fed, and yet when I
look at this, I see where, and you say that the money is allocated on the kind
of need, but I don't see where the Wynwood area needs are being met by other
agencies as you said. Let's say for the sake of discussion money comes in
from the Federal Government, the State Government, County and the City, see?
So, if it takes $5 to feed a person in Wynwood, they should take $5 to feed
one some place else, so all I'm, saying is that do you give $5 to each agency
to feed every person? That's all I'm asking.
Ms. Brooks: No, we don't.
Mr. Dawkins: OK, now we've hit the root of my why.
Ms. Brooks: It depends on... we fill gaps. There are some programs that the
City funds almost 100 percent and that's more the exception than the rule.
Most of the agencies, especially with the elderly programs, receive the bulk
of their meals money from title three of the Old American Act. You
specifically mention Wynwood. In their case, the meals are actually provided
through Catholic Community Services and that cost is not included in the
amount that's shown here out of Community Development. The same is true for
JESCA. CCS does not provide JESCA their meals, but they get a lot of their
meal money from Title Three and many of the other agencies too, so it's really
based on what the agencies have requested from the City to fill gaps toward
meeting the needs, but I don't think in any case would probably... probably
Allapattah Community Action is the one in which the City funds the bulk of
both the meals as well as operation. No, even Little Havana provides some
meals there.
Mr. Dawkins: OK, I'm not picking any particular program out to single out any
one. All I'm saying is that if it takes $5 to feed an individual anyplace, it
takes $5 to feed him every place and if ve, the City of Hiami is supposed to
be meeting the needs, then we because this individual over here has money
coming from Timbuktu, and because of that, you should reduce that individual's
money in order to make up and feed more people at $5. 1 mean, I don't know...
now, I'm going to tell you, if the agencies are not complaining, I'm not
complaining, I just need information, but if the agencies come to my office
complaining, then we are going to have to do something about it. If the
agencies are happy, like you said, all they are request...
Ms. Brooks: No, they would all request more money, I'm sure! There is always
a need there.
Mr. Dawkins: Yes, but you see, if they requested more money and you justified
to them that they can't get it, I don't have a problem with it, but if they
requested more money and you didn't satisfy their needs and explained to them
why, then I've got a problem with it. I don't know about nobody else up here.
Mr. Castaneda: Commissioners, I guess that the point that we are trying to
make is that it is impossible to satisfy the social services needs in the
5 April 27, 1989
community with Community Development Block Grant money. We try to work with
the agencies in getting other funding. Fr.ancena and her staff serve in a
number, of United Way battles to make sure that City of Miami agencies get
their fair share. We assist them in providing them information about
applications through other funding sources and so forth. Besi.cally, in most
cases we are providing a very small percentage of the operation costs of the
agenci.es and if that percentage they are unable to get from other funding
sources and by filling those gaps, we are able to provide more service to the
community, I guess that's what we are trying to say.
Mr. Dawkins: OK.
Mr. Castaneda: 1 think, Commissioner Dawkins, you also had some questions
concerning the street improvement issue.
Mr. Dawkins: No, I'm getting... I just need to know one thing. How much was
recommended that you take from this fund to purchase Camillus House?
Mr. Castaneda: $500,000, Commissioner.
Mr. Dawkins: $500,000?
Mr. Castaneda: Yes.
Mr. Plummer: Is that the total? ...(INAUDIBLE STATEMENT)...
Mr. Dawkins: $1,500,000, OK?
Mr. De Yurre: That's not my understanding. We just needed to identify
$500,000 and we've identified $500,000.
Mr. Plummer: That's only the first payment. Have they identified where the
second and third .... (INAUDIBLE)....
Mr. De Yurre: No, we haven't.
Mr. Plummer: How can you make a contract ... You can't do that according to the
City Attorney. The City Attorney says you have to have an appropriations
ordinance before you can sign a contract. I'm asking where is the other
million dollars coming from? No, it's committed. Mr. City Attorney, you told
us you could not make a purchase without an appropriations ordinance. Is that
correct.
Mr. Fernandez: That is correct.
Mr. Plummer: Now, Mr. Manager, I am asking you, did you do something illegal?
Mr. Fernandez: Let me further clarify.
Mr. Odio: Wait, no because I haven't done anything.
Mr. Plummer: Well, let's not play cat and mouse here. All right, where is
the identification of the $1,500,000 of the appropriations ordinance?
Mr. Odio: From that account of street improvements.
Mr. Plummer: So then, let's be honest.
Mr. Odio: It's $1,500,000.
Mr. Plummer: OK, so that's where the appropriation is coming from.
Mr. Odio: But we only have to pay $500,000 now.
Mr. Plummer: I understand that.
Mr. Odio: OK, so that the ordinance it will cover that account only.
Mr. Plummer: So the answer to my question....
Mr. Odio: But that...
6 April 27, 1989
ME
Mr. Plummer: ... is a million and a half dollars
from that fund.
Mr. Odio: But I want to be clear, I might be
able to come back and say we do
—
not need to take that money from there. We have found some others and
then we
—
can do that.
Mrs. Kennedy: OK, because let me tell you and
I want to put it on the
record,
—
whether we pay Camillus House now or whether
we pay them in another.
time, I
could not go for a ten percent cut, and I want
that very clear.
Mr. Dawkins: Wonderful, magnificent!
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO
THE PUBLIC RECORD.
Mrs. Kennedy: I know, but...
Mr. Plummer: You've already voted for it.
Mrs. Kennedy: Yes, I know, but we need to identify the funds, but not of all
these programs, the ten percent cut across the board.
Mr. Odio: Commissioner, we are not... you are only cutting five percent, the
street improvements...
Mr. Plummer: Wait a minute, we're playing games with each other here, and we
are playing with people, OK? - which is wrong. Let's admit the truth, to get
an appropriations ordinance to pay for the Camillus House, there was a
dedication of $100,000 a year from social programs for five years. That will
equate to a ten percent loss next year or more!
Mr. De Yurre: I don't think at any time that has happened. We talked about
getting funds and applying for grants and coming up with the extra $100,000.
Mr. Plummer: At this particular time...
Mr. De Yurre: At no time...
Mr. Plummer: ... the record of this Commission is that that was the
designated place that that money was coming from, you had to do it to get an
appropriations ordinance.
Mr. De Yurre: Well, get the minutes, I want to see the minutes, because I
don't think that's the case.
Mrs. Kennedy: The doors were not closed for other sources of funding.
Mr. Plummer: That was the guaranteed backup.
Mr. Odio: We have the money to purchase the $100,000, you necessarily don't
have to take it from Social Services. We can always find $100,000 in another
source if you want to do that.
Mr. Plummer: Mr. Manager, did you not contemplate that by the wording that
appears in this boos: today?
Mr. Odio: Yes.
Mr. Plummer: OK. Now, you know...
Mr. Odio: But that can be changed by you.
Mr. Plummer: I understand that, but it was made and passed by this
Commission, each program was going to be cut an additional 5.7 percent.
Mr. Odio: If you took the $100,000 from there.
Mr. Plummer: If you don't find sources anywhere else and according to your
statement to this Commission, you did not have the initial money, much less
any others.
Mr. Odio: No, no, we do not have the $2,000,000, that's right.
7 April 27, 1989
Mr. Plummer: OK. Let's just be honest, OK? That's why I asked and was
supposed to a letter be sent to all of these social programs...
Mr. Odio: We did.
Mr. Plummer: The letter were sent, OK, because that's where the money is
going to wind up coming from.
Mr. De Yurre: No, it won't be coming from there because I don't think this
Commission is going to approve the money coming from there. I think the
$100,000 can be obtained without much difficulty from a varied number of other
sources. In fact, applying for grants that we haven't even applied for before
and we got to start looking at those avenues to come up with the money. I
don't see any way, fashion or form these programs being cut by the $100,000.
I don't see it, I wouldn't vote for it.
Mr. Plummer: Hope you are right, because you've already voted for it as far
as the commitment for the appropriations.
Mr. De Yurre: And I'd still like to see those minutes because I don't think
that was the way it was. That may have been an option, but not that it would
come.
Mr. Plummer: Excuse me, Victor, you are an attorney. You can't make options
on an appropriations ordinance. You have to designate where those funds are
coming from and the policy standing before this Commission today, is $500,000
from Social Programs and $1,500,000 from Street and Highway Improvements.
That's the policy that is today or you could never have purchased Camillus
House.
Mr. De Yurre: OK, let me ask the City Attorney. When we need to identify the
funds, do we go on a year per year basis budget, fiscal year basis? My
understanding, we've always spoken about $500,000, identifying five hundred, I
think that is what we did the last... when the issue came up.
Mr. Fernandez: They are two separate issues. You have the $1,500,000, which
is for the purchase and then you have the other $500,000, which is a
contribution that the City would be making over a period of five years in an
amount never to exceed $100,000. Arguably, the City could in one year, if it
had the funds, contribute all $500,000, so in terms to meet that obligation
of the $500,000 or $100,000 over a five year period, to really meet the legal
requirements, you must have committed and appropriated the first $100,000, but
you must be very clear on this that you are binding subsequent City
Commissions to the tune of the remaining $400,000 and so whether you in fact
appropriate it immediately or not, the funds must be ready to come up with.
Mr. De Yurre: However, if that first payment does not have to come about
until next year, we don't need to appropriate anything at this point: in time.
Mr. Fernandez: You must do it within the fiscal year in which it will be
paid.
Mr. De Yurre: That's right, so this year we don't have to do anything because
the first payment will not come until some time next fiscal year.
Mr. Fernandez: That is correct.
Mr. De Yurre: So we are not legally obligated at this point in time to
identify...
Mr. Fernandez: That $100,000, that is correct.
Mr. De Yurre: Right? Following the same line of thought, we only have to
identify the first $500,000, which will be paid during this fiscal year. We do
not have to identify the other $1,000,000 which will be paid subsequently at
the next fiscal year.
Mr. Plummer: Oh, no, no, I'm sorry. You cannot spend money you don't have.
Mr. De Yurre: Well, I'm asking for a legal... J.L., I'm asking for a legal
opinion, and you know, OK?
8 April 27, 1989
Mr. Plummer: OK, then I'l.l ask the same, because I want to know he was
emphatic that you could not make a purchase without identifying the funds on a
commitment for appropriations you can't buy, it's writing a bad check! Mr.
City Attorney, is that not what you instructed this Commission?
Mr. Fernandez: Yes.
Mr. Plummer: Thank you.
Mr. Fernandez: As to the $1,500,000, at the time that we signed that contract
and that we do the closing of the transaction, we must have identified the
$1,500,000.
Mr. Plummer: And what was identified?
Mr. Fernandez: I have no recollection of what the records states right now,
Commissioner. I am sure that by reading the transcript it will be clear. I
don't know exactly what the transcript contains.
Mr. Plummer: Well, let me clear it up for you, make it easy, it was highway
improvements. That was the $1,500,000 and you're committed... we're
committed, OK? Now, as far as the $100,000 per year for five years, only the
first year was identified, because it is not part and parcel of the total and
that first year was identified as Social Programs of Community Development.
If not, why would I ask that a letter be sent out? That money is identified.
Now, excuse me, so that the record is clear, there is nothing to stop this
Commission from finding another $100,000 from some other source and
substituting that for it, but it's the old game of robbing Peter to pay Paul.
And you know, we are going to have to stand up here, the day is going to come
when people from Fiagami and people from other areas are going to say, why
aren't my sewers there, why aren't my streets improved, and we are going to
stand here and tell them, because we bought Camillus House!
Mr. Dawkins: And this other one I'm getting ready to buy.
Mr. Plummer: That's fine, OK, but I am saying that that eventually, the day
is got to come when the bullet is going to have to be bit, because you've
taken $1,500,000, that you are going to have problems with the streets, you
are going to have problems with the sidewalks and it's not going to be there.
Mr. Fernandez: If I may for the record read to you what the Charter says in
this regard, because I think it would be very clear. It says, "In the event
that contracts are made to extend over a period longer than one year and which
are to be met from current receipts of that City, it shall be lawful for the
Commission to make appropriations sufficient to answer the requirements of any
such contract for only one year and the contracts shall be legal and binding
upon the City, not withstanding no appropriation has been made for the ensuing
years, over which it is to be operative and it shall be the duty of the
Commission to make appropriations from year to year as required for the
purposes of such contracts."
Mr. Plummer: That's for the term. The guest:ion was not the term, the
question was identifying for appropriation ordinance, the monies had to be
identified to make a purchase.
Mr. Odio: The motion passed, excuse me, it is a motion approving funds in the
amount of $500,000, to be taken from fourteenth year Community Development
Block Grant, fundings, Street Improvement funds, as a first installment
payment toward acquisition of the Camillus House property. That is the motion
passed. That is the only motion we have.
Mr. Plummer: Then that motion is illegal.
Mr. Odio: That's the only motion we have.
Mr. Plummer: That motion in itself, without a further up is illegal. You
cannot make a contract to spend $1,500,000...
Mr. Fernandez: No, no, you can. You are binding yourself, but the
appropriations must be met from year to year.
9 April 27, 1989
Mr. Plummer: You said to me, now, if I'm wrong, it's what I heard you say,
that you had to identify the full amount before you could pass an
appropriations ordinance.
Mr. Fernandez: To meet the obligations for that year.
Mr. Plummer: Fkactl.y end identify them.
Mr. Fernandez: That year., for that year, on a year to year basis. Because in
this case, we don't have to pay...
Mr. Plummer: That's a hell of a way to do business!
Mr. Fernandez: That's the way the Charter speaks, Mr. Plummer.
Mr. Plummer: OK.
Mr. De Yurre: That's it. So the bottom line is, we only have to deal with
the $500,000 at this point in time.
Mr. Plummer: The first down payment, that is correct.
Mrs. Kennedy: That's it.
Mr. Dawkins: OK, Mr. Castaneda and my fellow Commissioners...
Mr. Odio: Vice Mayor, I need to clarify something. I want to know the
details of the this contract, because the way I read it, I think it's
$1,000,000 the first year, not $500,000.
_ Mr. De Yurre: No, it is $500,000 at closing, $500,000 six months down the
road, and another...
Mrs. Kennedy: Six months later...
Mr. Fernandez: So that may fall within one year.
Mr. Odio: That might fall within the...
Mr. De Yurre: This year there can only be one $500,000 payment.
Mr. Plummer: No, it's two...
Mr. Odio: No, because the Block Grant goes from June to June.
Mr. Fernandez: And so if the closing takes place after June, let's say,
August, September, whenever, six months or after would still be within the
same fiscal year for the Block Grant, which by the way, is 15 year Block
Grant.
Mr. De Yurre: No, v"e are talking about our Charter and our Charter talks
about our fiscal year which ends September 30th, right?
Mr. Plummer.: Identify the other funds, Mr. Manager.
Mr. De Yurre: That's it!
Mr. Plummer: That's $1,000,000, identify them.
Mr. De Yurre: We go with our fiscal year.
Mr. Odio: It would have to come from this same Block Grant funding, Street
Improvement Fund.
Mr. Plummer: That's $1,000,000. OK, I'm going to be around to remind. Hey,
don't come calling to me because your street's not repaired, your sidewalks
are torn up. Don't call this one, I was a negative vote.
Mr. Dawkins: Mr. Castaneda.
Mr. Castaneda: Yes, Commissioner.
10 April 27, 1989
Mr. Dawkins: I have an article, an item coming up, item 12. We bought
Camillus House, saying you were removing a blighted area and that you wanted
to remove the blight end all from that community.
Mr. Plummer: No, move it., not remove it.
Mr. Dawkins: OK. On 58th Street from 7th Avenue to the expressway is a lot
of yellow abandoned houses that ere an eyesore and nothing could be more
blighted in this City. When item 12 comes up, I'm going to move that we be as
generous to that neighborhood as we were to Camillus House, that we make up to
$1,000,000 of this... $1,000,000 of this money available for the acquisition
of, the development of, and the construction of affordable housing on that
site.
Mr. Odio: We don't need that, we have money for that
Mr. Plummer: Don't give me what the hell I need, you all going to need to
take it out of there for Camillus House. Don't tell me... now as a
Commissioner, I'm gong to make the motion, now if it carries, it carries. If.
it doesn't carry, it doesn't carry, but my motion is, that we be as generous
in that neighborhood as we were to the arena and everybody else in the
Camillus House area and that we make $1,000,000, up to $1,000,000 available.
Now, if we don't spend it, we don't spend it, for the acquisition of, the
planning and development of affordable housing on that lot.
Mr. Plummer: Let me ask a question. Are we going to do the same for the same
that exists in Little Havana? Are we going to do the same that exists in
Black Grove? We've got a lot of houses that need to be torn down. Now, I
agree with you, Commissioner, there absolutely in my estimation is no other
area that exists than those crack houses along the I-95. There's no question
in anybody's mind. I've been along on the raids of those damn places. Now,
it is important, but somewhere along the line, we're going to have to set two
things, one, we are setting the precedent, which has already been set, number
two, priorities because funds are limited. Now, the question comes, Mr.
Manager, you know, the money tree is empty, is empty!
Mr. Dawkins: I'll tell you what, J. L. ...
Mr. Plummer: We cannot be all things to all people.
Mr. Dawkins: I'll accept that J.L., and I'll take the $1,000,000 and split it
between that area and Allapattah. I ain't got no problem with that.
Mr. Plummer: Sounds good to me.
Mr. Dawkins: A half million dollars in each area, ain't no problem.
Mr. De Yurre: What about the $9,000,000 you were telling me about?
Mr. Odio: We heave money coming in for housing and that's... we can do that.
Mr. Dawkins: 0K, fine, that's in addition to what we are doing, OK? You see,
you see, you have rnoney for Camillus House, but you all want to balance
everything, but where it conies to looking out for the citizens who vote for us
and who pay the taxes, you all don't want to balance it. Sec you want to tell
me about what we got, add to, that's all I'm saying.
Mr. Plummer: Mr. Manager, what is the fund balance as of today?
Mr. Odio: This year, zero.
Mr. Plummer: Ah ha, and what was the fund balance five years ago?
Mr. Odio: I don't know.
Mr. Plummer: About eighteen million dollars.
Mr. Dawkins: Mr. Vice Mayor, could I take a point of special privilege?
11 April 27, 1989
NOTE FOR THE RECORD: AT THIS POINT, VICE MAYOR DE YURRE
RECOGNIZES AND WELCOMES THE CHILDREN FROM THE LITTLE LEAGUE,
HADLEY PARK.
Mr. De Yurre: Now, out of that $9,000,000, we can use that for housing?
Mr. Odio: It's a revolving account that we have had for years, and we still
have and we use it constantly for housing, sure, and that's what we are doing
over and over and over.
Mr. Dawkins: Fine, OK, but what's wrong with adding to that to have more
affordable housing?
Mr. Odio: You can do whatever you choose, Commissioner. You can take it from
Street Improvement, you put it in housing, that is your privilege.
Mr. Dawkins: Well, that's what I am going to try to do now, I don't know if I
have the votes or not, Mr. Manager, but I will be trying like hell.
Mr. De Yurre: Well, let me ask you something, Cesar. Of that $9,000,000, how
many are available at this point in time?
Mr. Odio: It's a revolving account.
Mr. De Yurre: I know, but since it's revolving, there's got to be a balance.
Mr. Odio: For housing only and that's for rehab and all that. We're doing
the other, now we have... we could have up to $9,000,000.
Mr. Dawkins: rehabing?
Mr. Odio: Right.
Mr. Dawkins: All right, that's not for brand new affordable housing?
Mr. Odio: No.
Mr. Dawkins: But see, I didn't want to come here —the Vice Mayor asked that.
I know better.
Mr. Odio: But there are other monies for affordable housing too, that we have
so...
Mr. De Yurre: There's additional funds?
Mr. Odio: Sure.
Mr. Plummer: So are we to assume this morning that all of the people sitting
in this audience are happy with what they got?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Well, may I suggest, Mr. Vice Mayor that all those who want to
speak sign up and give them two minutes and let's go through it?
Mr. De Yurre: First of all, do we have additional funds to give out?
Mr. Plummer: Yes, the answer... well excuse me, if I am not mistaken, the
answer is no, because you are limited to a maximum of 15 percent of your total
amount, so no, the only chance that you have is to readjust some that are
presently here. You can take from one and give to another, but the maximum
funding is the maximum funding and that's where we are right now, if I am not
mistaken.
Mr. Castaneda: That's correct, Commissioner.
12 April 27, 1989
a
Ll
Mr. De Yurre: So the bottom line is that there are no additional funds and
the only way that one group can get additional funds is if you take it from
another, which I don't think we are in a position to do that.
Mr. Plummer: Well, it will be the first: time if we don't.
Mr. De Yurre: Well then Let's wait, we'll take a two minute recess while
everybody signs up.
THEREUPON THE CITY COMMISSION 16'E14T INTO RECESS AT
10:01 A.M. AND RECONVENED AT 10:07 A.M. WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT
EXCEPT MAYOR SUAREZ.
Mr. De Yurre: Go ahead, Octavio.
Mr. Octavio Blanco: Yes, Commissioners, Mr. Vice Mayor, I just wanted to ask
staff or to you people one question, because I do believe that I found out
some money here, right in front of you. The amount that you received this
year is $11,742,000, but you will get an interest of $1,354,000, that is a
total of $13,096,000. According to the mathematics that was taught, not here,
in Cuba, the 15 percent of $13,000,000 is not what they said on here. I
wonder if somebody can get a pencil...
Mr. Castaneda: Yes, I know what you are saying, the 15 percent is of the
Block Grant. Program income cannot be considered to increase the allocation.
Mr. Blanco: Why not?
Mr. Castaneda: That is a Federal Law, I can show you the regulations.
Mr. Blanco: That's what people always say, that's a Federal law. OK, I lose
this one!
Mr. De Yurre: OK, thank you. Anna Carvajal, two minutes.
Ms. Anna Carvajal. My name is Anna Carvajal, resident of 244 SW 9th Street.
I represent the parents of Centro Mater Child Care, a neighborhood center
located in the Little Havana area. Today, in Centro Mater, from the 444
children served, more than 75 percent of the mothers are heads of the
household. The need for subsidized care for low income children while their
parents work is enormous. Parents will be faced with a decision of leaving
their children in an unsafe setting or going on welfare because there is no
affordable child care available. Vice Mayor, Commissioners, continue helping
Centro Mater. Please do not reduce the already scarce funds for this
wonderful program that helps so many parents. I want to leave you all with
this thought. The children of today could very well be the homeless of
tomorrow. Thank you.
Mr. De Yurre: Thank you very much. Reverend John White.
Rev. John White: 'Thank you, Mr. Vice Mayor and members of the Commission. I
come to request Borne funds for a proposal for the Grr-_ater Bethel AME Church,
245 NW 8th Street, a proposal that ;.ill be funded to house an academic
excellent enrichment center modeled after the NlcI:night: Foundation achievement.
Certainly, we do understand the blighted area of Overtown, we understand that
Overtown and the location of Bettie! Church is predominantly in a low income
family residential area, an area that one time inhabited almost 40,000 people,
now down to less than 10,000 people. And if we are going to make a
significant impact upon our young people and our children, what better impact
can be made in terms enhancing them in education. We are requesting from the
Community Block Grant some funds in order to establish an academic enrichment
center. If we can raise the level of achievement of children in that area,
I'm sure that some of the concerns that you had in January may not be a
concern subsequently. I am not sure whether we are being fair, I'm not sure
whether we are concerned about doing something about Overtown. I'm absolutely
not sure if we are concerned about establishing institutions that have
maintained its existence before the City was incorporated, that's still
existing. I'm requesting that we generate some funds. Somehow, Mr. Vice
Mayor and Commissioners, I'm sure you can find it, I'm sure you know how to
find it. I'm sure it's there somewhere so that we can do something about
making sure that we won't have the riot situations in January, that our
13 April 27, 1989
children can get off the streets and this program not only would deal with
them academically, but it would deal with them in terms of enrichment, try to
alleviate some of the areas of substance abuse in our community, I'm sure that
this program will be one that you need to look at, one that you need to fund,
one that will enhance the area in which we live in. I ask your consideration,
and I pray for you that you can find it. Thank you.
Mr. De Yurre: Thank you. Archie Hardwick.
Mr. Archie Hardwick: I'm Archie Hardwick, James E. Scott Community
Association. Eighteen years ago when I came to Miami, in many parts of the
black area, including the City of Miami, many of you were not Commissioners at
that time. Blacks were living on streets where there were no roads, dirt
roads, no adequate sewage and I was listening to you talk about that today.
Many of the people in those areas are working people and their monies were
being diverted to other areas where they had beautiful streets, new buildings,
and etc. Many of those people now are senior citizens and they are now in the
similar situation where they are residents, they are citizens of your
community and they are not receiving adequate treatment. We have asked for
$150,000 because we have taken over three centers that are located in the City
of Miami, three new centers. They have a waiting list of over... we have 350
people that we are serving with a waiting list of over 310 people. Our
average cost per meals is less than $4. I heard you mention the $5 and we are
doing less. The monies that we are requesting from the City of Miami is money
that goes directly into furnishing food for those residents. These are your
residents, these are your citizens and these are our citizens. This is your
community and this is our community. We are asking you to give the funds
that are needed to give the adequate services that are needed. To cut this
program and give it to buy another building, or something of that nature just
seems really incredible. It needs... the people are hungry, they have served
this community, please restore the money and also restore the extra money that
we are asking so that the citizens can be served. Thank you.
Mr. De Yurre: You understand that the money that has been discussed here is
not being taken from that program. It's not being taken from food.
Mr. Hardwick: Well, wherever. This program has been in existence. Now
how...
Mr. De Yurre: Has the City funded that program in years past?
Mr. Hardwick: Yes, it has. It wasn't under us, it was under another program.
Mr. De Yurre: Of the hundred and fifty, how much was being funded?
Mr. Hardwick: We are talking about $48,000 for three of your centers in your
area.
Mr. De Yurre: And the City has already given what, one hundred and two, then?
Mr. Hardwick: They've given one hundred and one, yes, for the other two
programs that we have in your center.
Mr. De Yurre: But I'm talking about the three that you took over this year.
Mr. Hardwick: Yes.
Mr. De Yurre: Were those funded in prior years by the City?
Mr. Hardwick: Yes, it was.
Mr. De Yurre: To the tune of...?
Mr. Hardwick: $48,000.
Mr. De Yurre: $48,000?
Mr. Hardwick: Right.
Mr. De Yurre: And now you want an extra $102,000?
14
April 27, 1989
Mr. Hardwick: Well, we want the $$101,000 that we already were getting from
the City. We are taking over three extra centers and we are asking to be
funded for that. One of them is Pepper Towers...
Mr. De Yurre: The point. I rim trying to get is, if in previous years I
guess... have then been funded before those new centers that they are taking
over?
Ms. Francena Brooks: No, these are centers that were previously operated by
Senior Centers of Dade County and those funds, it is my understanding that
they were operated with either, I guess a combination of United Way and Title
Three money, but those are not City of Miami dollars.
Mr. Hardwick: But they are citizens of Miami.
Mr. De Yurre: I understand.
Mr. Hardwick: Those monies have been cut from those particular programs.
Mr. De Yurre: How much have you been cut?
Mr. Hardwick: To the tune of forty eight thousand dollars.
Ms. Brooks: But those are again the Title Three dollars, the Old American Act
dollars and United Way, correct?
Mr. Hardwick: Yes.
Mr. De Yurre: Do we have any money at all that we could allocate?
Ms. Brooks: No, you know, it is only the... the one, what is it, one million
seven sixty one?
Mr. Castaneda: The only thing, as I mentioned before, there is going to be
some money left over, hopefully from the agencies and we can reallocate that
money, whatever that is, in October and that was $11,800 last year and
Francena is telling me that she expects less.
Mr. Hardwick: We were asked to take over these programs, we didn't
aggressively pursue them and there is no adequate monies now to continue this
program. We would have to cut back on the food services for these programs or
close the center or something. These are centers located in the City of Miami
and they need the services. We are able to get some monies from others
sources for administration and etc., but we don't have enough adequately to
serve the food. These are additional monies that we are asking for.
Mr. De Yurre: Are any of these located in our City park or anything like
that?
Mr. Hardwick: Yes, Culmer Center is located in your area.
Mr. De Yurre: I'm talking about a City park.
Mr. Hardwick: No, they're not.
Mr. De Yurre: OK, thank you.
Mr. Hardwick: You're welcome.
Mr. De Yurre: Marlene Arribas.
Ms. Marlene Arribas: Good morning, my name is Marlene Arribas, I am the
director of operations of Cure AIDS Now and according to the budget, we've
have gotten cut close to $3,000. The problem with AIDS is only getting worse.
In the month of March, we had 72 new clients. This month, we already had a
little over 40 clients. Last year the report from CDC (Center for Disease
Control) was 722 reported cases of full blown AIDS in Dade County of which we
_ had 326 clients out of that 722.
Mr. Plummer: What project are you?
Ms. Arribas: Cure AIDS Now.
15 April 27, 1989
Mr. De Yurre: Go ahead.
Ms. Arribas: We submitted a budget for $158,500. In this budget we want to
put an office in the inner-city, Overtown. Because of the rising problems in
drugs, there's rising cases of AIDS and most of our clients are in Overtown
and Liberty City and we feel with the clients that we have there if we put an
office in the inner-city area, we can get out to the people and get the proper
education out there. There is no education out there. HRS has allocated
funds. I don't know where these funds are being used, but the education is
not there, and so...
Mr. De Yurre: Are you in the City right now?
Ms. Arribas: Yes, we...
Mr. De Yurre: Where at?
Ms. Arribas: We are upon 22nd Avenue and South Dixie Highway, that's our main
office.
Mr. Dawkins: Right off of 22nd Avenue.
Ms. Arribas: Right.
Mr. Dawkins: On the west side of the street.
Ms. Arribas: We deliver food all over Dade County. We are now serving 270
clients.
Mr. De Yurre: How much money did you get from the City last year?
Ms. Arribas: $29,000.
Mr. Dawkins: When Bob was here last year, I mean before, we discussed the
same thing you are saying, that money is coming into Dade County, but nobody
knows what's happening to it and we still do not know, we still don't have a
handle, or have any way of tracking this money to find out, those agencies who
get the money, what they are doing with it?
Ms. Arribas: There hasn't been no accountability on any of these issues. HRS,
I was with Joiner Sims two weeks ago, we had a panel discussion on TV, and he
is telling about all these hundreds of thousands of dollars that are coming
into Dade County for education. There is no education! Dade County Public
Schools, there is no education on AIDS in the public schools either and they
have somebody that's in charge of it.
Mr. Dawkins: But the money that is coming in, where does it go, that's what
I'm...
Ms. Arribas: It goes to AIDS...
Mr. Dawkins: To the School Board.
Ms. Arribas: It goes to the School Board, it goes to AIDS agencies, and there
is no education.
Mr. Dawkins: Well, what does... I mean, I hate to say it, but what does the
School Board doing with the money?
Ms. Arribas: That's what I asked. He didn't have any answers.
Mr. Dawkins: Well, why they keep giving it to them. Oh well, I'm sorry, go
ahead.
Ms. Arribas: Listen, I went round and round with Joiner Sims, who is charge
in Tallahassee of the money, on television publicly and the man didn't have
anything to say. Somebody has to be held accountable for these things and the
more drugs that are out there, the more people that are taking drugs, the more
people that are coming down with AIDS.
Mr. Plummer: What is your total funding presently, on an annual basis?
16 April 27, 1989
Ms. Arribas: $29,000 we got from the City of Miami., $30,000 from the City of
Miami Beach and that's just for food. Since we had to put on another driver,
the remainder of the funds from the City of Miami are going to pay for other
driver. Dade County has given us a total of. $360,000, of which $160,000 was
for administration to hire three people for our office, but we hired seven
people with the money and the reFt of the money goes for food.
Mr. Plummer: So you are talking about under $500,000 total.
Ms. Arribas: Right. And our problem is, we are dealing strictly with
minorities and the indigents, that's somebody that's...
Mr. Dawkins: Our problem is you are dealing with AIDS.
Ms. Arribas: We're dealing with AIDS.
Mr. Dawkins: I don't care what it is. OK, don't care who got it.
Ms. Arribas: That's well... the other agencies don't want to deal with the
indigents, OK7 They don't want to deal with them. We are the only agency
that is strictly dealing with the indigents and it so happens that the
indigents are minorities. Our biggest population is the Hispanic and the
black community. According to an article that HRS came out with in 1987, by
the year 1991, there is supposed to be 32,000 cases of full blown AIDS in the
State of Florida of which half will be in Dade County, 16,000 cases, and that
is just reported cases. I don't know what we are going to do with 16,000
cases if we can't even handle what we have right now.
Mr. De Yurre: Well, I can assure ,you that $3,000 isn't going to make a
difference at that point in time.
Ms. Arribas: What we desperately need is, we need an office in the inner-city
and we need an educator and case management. South Florida AIDS Network get's
$7,000,000 from Public Health Trust. What they do with the money, I don't
know. They don't even have case management.
Mr. De Yurre: Well, I think that answer has to be is what's been happening
with the money, you know.
Ms. Arribas: Well, somebody has to initiate accountability, you know, to
these other agencies.
Mr. De Yurre: OK.
Ms. Arribas: Because we are not.... We are held accountable. We get audited
by the City of Miami, the City of Miami Beach and Dade County.
Mr. De Yurre:: Thank you.
Ms. Brenda Levine: MY name Is Brenda Levine, I'm a patient with AIDS, I have
full bloe,n AID`}. I'm bS years old, I've been an addict for ten years, I've
been clean for three and I did all my drugs in Overt.own to be exact. and I know
that during the t.imr:s that I've had counseling I've been fed by Cures AIDS. I
get my clothes from Cure ENDS, I Let my trips to the doctor or wherever I have
to go through them and Cenerally that comes out of their own gas pockets.
Everybody I eavc;� did drugs with I've seen come through Jackson Memorial at one
time or another. I can't think of anybody, if I could, it would be .a rarity
that hasn't come through there that I was acquainted with over that period of
time that I was using, and they don't know any more what they've got than the
man in the moon. I do know that they go right back out, they use again and I
know they really do need that in Overtown because you've got to realize that
the... your normal addict, if they have $10 strictly to get their bag of dope
and they don't have the $2 to buy a clean syringe with and they need the dope,
they are going to use it. They are not going to stop and worry about AIDS.
Obviously I didn't. I mean, fortunately I'm clean, I've had it since 1985,
but try and live on S.S.T., although I worked hard 20 years on one job because
I didn't pay taxes over the five years I was addicted, they refused me social
security, I have to get along on three sixty eight a month and if you had to
pay $200 of it out in rent and God help you when you have to have clothes and
shoes and everything else, you're in trouble. If I didn't have the help I get
from them with the Meals On Wheels, I would have a problem. The Sustical, the
17 April 27, 1989
milk
drinks
that
I'm required by my doctor to drink three to
four times a day
are
$1.50 a
can,
if I had to buy them. They furnish me that.
They furnish me
literature
that
I try to pass out and I. will say something,
I have a 16 year
old
at the
house
who goes to school and he's never had an
AIDS education in
his
school.
I'm
sorry about, this, City of. t,iami Police, I
know need to have
some
sort of an
education class. I had a ticicet from a motorcycle policeman,
who
refused
to let me sign it, he was so afraid. Thank you.
Mr. Dominic Magarelli: My name is Dominic Magarelli from Cure AIDS Now. I am
here to tell ,you that unless you financially support programs like Cure AIDS
Now, you won't have many people into new housing programs. Thank you.
Mr. De Yurre: Thank you. One thing that I can suggest is for you all to get
together with the Overtown Advisory Board. I know they got some plans working
_ on that so if you can network that, maybe we can do something for in the near
future.
Ms. Arribas: We have a letter from the Overtown Advisory Committee, they
in Overtown.
Mr. De Yurre: OK, thank you very much. Lee and Samaki Variety.
Mr. Lee Variety: Yes, I'm Lee Variety and this is my wife Samaki and we would
like to read... we have a program that is called Family Funday that we
presented to the community. We put this program together since the riots to
help children to be able to educate them towards knowing more about how to
help themselves, because the basic problem I think in the community today is
for people to be able to support their own problems in being educated towards
—_ that, which we give a lot of literature to kids in reference to some of the
it basic problems that they have as well as we provide them with something that
is beyond just conversation. We try to feed their minds in a way where we give
them a sense of belonging more to the community and feeling good about
themselves by furnishing them types of entertainment as well as contact with
persons such as yourselves, reverends, roll models that they will listen to
} this information from, because you can feed information to people all day
long. If it's something that they don't want to hear, then they are not going
to take it in, right? And I'd like to read a letter to you that kind of gives
you a better understanding of the program. I brought this program and I've
given it all of your aides. I met before them on the 20th as well as went to
-i every Commissioner's office and Vice Mayor and the Mayor's office, which
_1 unfortunately you guys were busy doing some other duties. We talked to the
Mayor's office, we've been in touch with Mr. Bartell constantly. We spoke to
the Overtown Action Committee, but we weren't told directly who to speak to,
so we had spoken to persons recently, which is Mrs. Adker about a program
®_ there. This program is being ran now over in the Liberty City area where it
® is being privately funded. It has been very successful, we've done it since
the riots were like about eight, for thirteen weeks. Let me just read the
letter. It says, Honorable Commissioners, Reverend Thomas Ferguson and I (Lee
Variety) walked through the streets of Overtown in Liberty City during the
riots. We talked with so many of our youth, and they all cried out the Name
thing, do something to help us. We collected signatures-. in Overtown, over
3,000, which we submitted to the Community Development and we went before them
to bring this proposal.. We were approved to come here to speak to you. Our
pilot project, Family Funday, which we created from our radio .show started
within a few weeks after the riot and has been running for approximately two
and one-half months to live audiences and a live radio audience at the same
time in conjunction. This program located in Liberty City -Hialeah area is
sponsored by private funding at the Flea Market USA and our Family Funday
works. Parents without the worry of money have taken time to share with
their children and kids of all ages without the worry of money have taken time
to share positive experiences with each other which is something that we need
to bring the parents in closer connection with their own kids and to bring
kids that have problems closer to kids that don't have these problems so that
- —) it don't continue to grow because of non -understanding of what's really
happening to these kids. We can speak all day long and hear it, but if we
don't reach the people that it affects, then the problem continues outside of
this room. We have also, we have so many people in the community that can
afford quality in education or entertainment. We provide them with this
entertain and at the same time while we are providing them with this
_ entertainment we give them a chance to come closer to people who have problems
and we discuss these problems at this time with them. There is an eleven year
old girl that has spoken at one of our places that speaks on crack and she is
18 April 27, 1989
begging others not to travel down the same path. We have kids come there,
like a 13 year old mother of two children stressing birth control to other
kids and we found that from talking to these kids and having people who have
the problems speak to them directly while having a program that draws them
there, which is such ss Family Funda,y...
Mr. De Yurre: Now much money are you talking about?
Mr. Variety: This is a program that is geared to cost approximately $1,500 a
week. It's a total of approximately $75,000 a year with the offices and the
other parts of it that it concerns, which is, we have an administrative
director that we...
Mr. De Yurre: Have you met with Frank on this?
Mr. Variety: Yes, we have had a...
Mr. Castaneda: Yes, we've looked at his program. His program looks very
good, we are going to be taking him over to the School Board to see if the
School Board will be interested in this type of program. Also since it
attracts a number of people to their program with a good message, we were
thinking that perhaps the Miami -Dade Chamber of Commerce might be interested
in their marketing approach for the Model City area to attract people into
that area.
Mr. De Yurre: Isn't there some money in the Police Department Crime
Prevention type of thing that they could work with or look into?
Mr. Castaneda: Commissioner, that I don't know about.
Mr. De Yurre: Where is Cesar? Isn't there some money that could be looked
into from the Police Department's budget as to crime prevention type of thing
to keep kids in tune?
Mr. Odio: No, sir, it is not in the budget now. Pretty much all the funds
that are there have been allocated.
Mrs. Adker: Mr. Vice Mayor.
Mr. De Yurre: Let me finish here a second. We might want to look into, you
know, possibly getting them in tuned for next year's budget and work with
them.
Mr. Variety: Excuse me, Mr. Vice Mayor. Summer is coming and summer is this
year and there is going to be a lot of... we submitted 3,000 signatures from
different parents, senior citizens and kids speaking on what their preferences
were, and what their problems were. We would hope that you would consider
this seriously about looking into this problem for this year because there are
a lot of people that are still unconvinced that there is anything going to be
done for them in reference to what has been already provided. This is a
program that we are running right now in Liberty City, but it's being
privately funded and it was it was thought of in the same tray that we're
speaking to you at first, as something that was not to be considered
positively. The program has v;orked, the program has .served thousands and
thousands of kids, anywhere from 500 to 2,000 kids per week.
Mr. De Yurre: The issue is not the program; the issue is the funds, you know,
so you don't have to sell me on the program, because it is a matter of
allocating funds. Ms. Adker.
Ms. Anne Marie Adker: Anne Marie Adker...
Mr. Dawkins: May I make an announcement please, Ms. Adker. We are waiting
for a full Commission. The Mayor is with the President, we think, and he'll
be here shortly. He said he would be here 10:30, so he should be in here
between 10:30 and 11:00 a.m., that's why we do not have a full Commission.
I'm sorry, Ms. Adker.
Ms. Adker: Anne Marie Adker, 407 NW 5 Street, Overtown. I have no problems,
I don't think with Lee and Samaki Variety's program. I don't know the success
of it. I met both of them last Friday. My suggestion to the Commission is to
please allow Mr. and Mrs. Variety to come before the Overtown Advisory Board
19 April 27, 1989
and make their presentation. It seems as though they have gone everywhere but
the community in which they want to come. I'm asking that you defer this item
until the Overtown Advisory Board has had a chance to hear the presentation.
Mr. De Yurre: OK, thank you. Any final comments?
Mr. Variety: Yes, we went to Overtown, but we were directed and probably
evidently by whoever we had spoken to at the meeting that they had, and we
were seeking to help people in reference to looking at the situation in the
area where the need was most needed and we felt that Overtown was like a
boiling point: and we ended up with the Community Development Board because
there wasn't anyone there that directed us property and our main concern is to
help the youth there as well as the other people in need in giving them what
source of help that we can give them. In terms of the program itself, I
think that is something that should be looked at in reference to the good of
the people concerned in terms of us going where we went, we went where we had
to go to get the job done.
Mr. De Yurre: OK, what, I suggest, I guess it's a good idea to meet with the
Overtown Advisory Board, I think that's a good starting point, if you were
misguided by some degree as to where to go to, and keep working with Frank.
Right now, I don't think the funds are there.
Mr. Variety: OK, no, we went to Mrs. Adker's house and sat with her and spoke
to her.
Ms. Adker: I'm not the Overtown Advisory Board, love.
Mr. De Yurre: OK, well, you all get together and you meet with Bill Perry,
Jr., also, who is the president and set something up, OK?
Mr. Variety: OK, I spoke to Mr. Perry and several other people and we, like I
say, I can't change what the situation is and I don't want to go into it any
further. Thank you.
Mr. De Yurre: OK, thank you very much.
Ms. Jackie Bell: Mr. Vice Mayor...
Mr. De Yurre: I'm going right down the list.
Ms. Bell: I want to speak to this program.
Mr. De Yurre: To this program? OK.
Ms. Bell: Yes. I'm Jackie Bell, 1600 NW 3rd Avenue and the reason I did come
to speak, I was not going to speak, but the Mayor saw this program and he
invited Lee and Samaki in to meet with him and one of his aides and myself, he
asked me would I work with them and they suggested that they go to the
Citywide Citizens Advisory Board and that is where they went and the f;ayor and
his staff and some of the other staff. It is a good program, it is operating
every Saturday at USA }ilea Market. I participate with them as a volunteer, so
do my grandchildren and I think it is a good project and I do think that it
would be in the best interest of the City to help. Thank you.
Mr. De Yurre: OK, thank you very much. Angela Vazquez.
Ms. Angela Vazquez: My name is Angela Vazquez and I came for Southwest Social
Services Program, we have the meal site at the Flagami Park. At the present
time, we receive State money and United Way money. In the State, we had a
cut, about half the allocation that we used to get, because in the budget
there is no more money in the State either. So we cut all our staff and
everything that we could cut. I just want you to be aware that every cent
that we cut now, we only have three full time people for the whole program.
We're serving over 200 daily elderly for the City of Miami and every cent you
cut will mean a place of, you know, our meals, because everything else is cut.
We have a minimum staff if we lose $3,000 it will mean like 20 elderly that
won't eat the meals.
Mr. De Yurre: How much are you being cut? What is the five percent equal to?
Ms. Vazquez: Here, five percent, if you cut the five percent.
20 April 27, 1989
Mr. De Yurre: Which is how much, $3,000, you say?
Ms. Vazquez: $3,000 and some dollars.
Mr. De Yurre: OK, thank you. Nilsa Velazquez.
Ms. Nilsa Velazquez: fly name is Nilsa Velazquez, I reside at 9900 SW 127th
Avenue and I have been in the Wynwood community working for Holy Cross Day
Care Center for the past 13 years. This program was developed, thanks to the
community leaders who saw the need to provide child care services to the needy
families. Every year... we started with County funds and then we were turned
to the City of Miami for Community Development funds. Every year we've
noticed that we've been having cuts and cuts, but this last year, Community
Development had an increase of four percent, but we see that we're getting cut
again, so the excuse is not that we have less funds, but we have more.
Mr. De Yurre: Frank, what was the reason we got... that was mentioned before
at a previous meeting. We had some additional funds coming in and why is that
we are getting the cuts so they can understand this.
Mr. Castaneda: The reason for that is that last year the Miami Jewish Home
and Hospital for Aged was funded out of interest from the Parks Bonds thing.
Mr. De Yurre: Yes.
Mr. Castaneda: St. Albans' Day Nursery was unable to get their proper
insurance that year, so they were not funded that year, which created more
money people and the alternative program, and that's basically the difference.
Also remember that this is five point one percent cut from their funding after
October, which means that some agencies also receive additional money from the
left over funds of the previous year.
Mr. Plummer: Let me ask you a question, Frank in going through these
disclosures...
Mr. Castaneda: Yes, sir.
Mr. Plummer: ... is this lady representing the Jewish Family Service of
Greater Miami?
Mr. Castaneda: No, this is Holy Cross.
Mrs. Kennedy: Holy Cross.
Mr. Plummer: And tell me, I am assuming this stack of papers which you gave
me relates to Social Services. Where is Jewish Family Service of Greater
Miami listed under the Social Programs?
Mr. Castaneda: Right, that's Hiami Jewish Home and Hospital.
Mr. Plummer: This is a paper which you all just gave me...
Mr. Castaneda: Oh, no, that's a housing project.
Mr. Plummer: Oh.
Ms. Brooks: The City funds a program at Douglas Gardens which is operated by
the Miami Jewish Home and Hospital for The Aged. However, there is also a
program funded, the Security Locks Program, the elderly security program is
operated by Jewish Family Services, however, that is not a social service.
Mr. Plummer: So what you gave me is too many papers.
Ms. Brooks: You have a lot of... yes, right.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Ms. Brooks: And that's there because we also monitor that as a third party
contract.
21 April 27, 1989
Ms. Velazquez: I want to add that this year, we are sponsoring formerly
Wynwood Elderly Center which is now the De Hostos Senior Center and at that
point we lost the use of the vans. Now, we submitted a proposal,
transportation proposal to the Department of Transportation to acquire those
vans and it will be Federal funds, but we have to provide a match, so we were
counting, you know, like that increase that we were going to have in order to
match the additional funds which is between $6,000 and $9,000, but we are
getting a cut, so it will be more difficult to go ahead this year with a
transportation program. And of course the need, you know what the need is, we
all know that Social Services Programs are for the needy community and the
need is still there. Thank you.
NOTE FOR THE RECORD: Mayor Suarez entered the meeting at 10:45
a.m.
-------------------------------------------------------
Mr. Plummer: Let me ask you a question. You are the Miami Jewish Home and
Hospital foi The Aged. Is that correct?
Mr. De Yurre: No, she's not.
Mr. Plummer: What?
Mr. Castaneda: Holy Cross.
Ms. Velazquez: I'm Holy Cross Day Care Center's director and the De Hostos
Senior Center Program.
Mr. De Yurre: OK, thank you. Lori Rosen.
Ms. Lori Rosen: Good morning, I'm Lori Rosen, 20120 NE 3rd Court and I'm
representing Jewish Family Service. I'm the director for the Senior Crime
Watch and Victim's Assistance Program and we're the ones that installed the
security equipment to the elderly within the City of Miami. Last year we were
funded $55,000. The Senior Crime Watch and Victims' Assistance Program of
Jewish Family Service is designed to reduce fear of crime and potential
victimization among older adults and to provide support for senior crime
victims. As I said, we were funded $55,000 last year through the Housing
Rehabilitation Area for a project to improve home security for 185 low to
moderate income elderly in Miami. For the '89-'90 fiscal year, we are asking
for $5,000 additional funds to cover five percent increase on the overall
program for inflation. Our request for the '89-190 fiscal year for the City
of Miami Community Development funding is $60,000. That's the total cost for
installation, including labor, equipment, travel and administration, is about
$300 for 200 installations.
Mr. De Yurre: Thank you very much.
Ms. Rosen: Thank you.
Mr. De Yurre: Carmen Maine.
Ms. Carmen Maine: Good morning, my name is Carmen Maine, I'm the executive
director of the Useful Aged Association. Last year we received $42,000 in our
program. We provide more than double service during this year. This is my
second year in this kind of a meeting, according to this program. I really...
every year that I come over here, I don't understand the situation. If
everything is already programmed, and the money is already distributed I don't
know why I have to be here, really. I respect myself if I don't have nothing
to do here because the dinner is already cooked, is ready to serve, we cannot
change the menu, I am not doing anything here. I really have a lot of things
more important than be discussing things that everybody here knows and I
represent an old organization that provides service to around 3,000 people,
old people. It makes me feel very bad when everybody use old people, old
people "the viejitos" and this and that and if social services are going to be
short and short because today is adding a new program, the Camillus House. I
agree Camillus House because I think it is something beautiful, because if
22 April 27, 1989
every year is going to be less, and now according to the letter, we are only
going to receive $37,000, let me tell you, I am going to try to find out some
other way to get money to provide service to my place. So, have a good
morning and I'm ready to leave.
Mr. De Yurre: Thank you very much, Carmen. Alia Waheed.
Ms. Waheed: Good morning Commissioners. My name is Alia Waheed, I live at 57
NE 52 Terrace. I am here this morning speaking in...
Mrs. Kennedy: I'm sorry, who do you represent?
Ms. Waheed: Miami Mental Health Center. I am here this morning representing
Miami Mental Health Center and we have branches in Little Havana and the
majority of the money that we get from the City of Miami goes to fund the
branch that's located in Coconut Grove. I'd like to ask the Commission to
continue the funding that we're presently receiving, 1 know we are going to
have to experience some cuts, but if there is any money available to restore
our funding to its present level, we provide services to the chronically
mentally ill, and as you know, not many people come and represent the mentally
ill. We provide medication clinics, we provide individual and family therapy
for people to understand how to care for the mentally ill. We provide day
treatment services, which keeps a lot of mentally ill people off the streets
and active, productive programs throughout the day. They receive food and
educational programs there. I'd also like to invite the Commissioners to
attend the third annual friendship games which are held at Tropical Park every
year. I think Mayor Xavier Suarez is going to race again this year against
the directors of all the community mental health centers. I think you won the
race last year, so...
Mr. De Yurre: He beat me by that much.
Ms. Waheed: He beat you by that much. Thank you very much and I hope that
you'll consider us for continued funding.
Mr. De Yurre: OK, thank you. Josefina Carbonell.
Ms. Josefina Carbonell: Good morning Mayor and Commissioners, I'm Josefina
Carbonell and I represent Little Havana Activities and Nutritional Centers of
Dade County. It makes me quite uneasy to be here and I've been here for about
12 out of the sixteen years that this agency has been in service in the City
of Miami. It makes me quite uneasy to come here and stand and really be
against Centro Mater and Cure AIDS or JESCA, or an Overtown Program. The five
percent cut to this agency, which is providing congregate meals to elderly
people in three sites in the City of Miami is going to represent approximately
about $13,000, and you figure well, such a big agency and so much money coming
from everywhere. What does that represent? Well, it represents approximately
8,000 meals that have to be cut in three programs. One is the Blind Program,
one is Peter's Plaza in the northeast section, one is St. Dominic's in the
Flagami area. I know that you are not in an easy position to distribute more
money, we were wishing that N;,,ith a five percent increase, we were going to
receive a little bit of relief and we have been for the last twelve years
receiving decreases and the demand for services and I guess I am not only
speaking for the elderly, but for all the services across the board in the
City of Miami keep expanding and the dollars keep shrinking. I just hope that
the process will get a little bit fairer and that we'll really look at cost
and productivity and effectiveness and track record, thank you.
Mr. De Yurre: Thank you, Josefina.
Mayor Suarez: Mr. Vice Mayor, I just want to ask Josefina, any of the funds
that we have obtained from the State, I guess were typically for capital
improvements for your program, can any of those be in any way substituted,
made to look like operating funds and somehow things that could be used for
construction or for maintenance be interchanged in a way that your budget is
not affected?
Ms. Carbonell: No...
Mayor Suarez: Can you use some of those funds creatively?
23 April 27, 1989
Ms. Carbonell: We have, for the record and I invite all of you, we're
dedicating and opening the new facility at the main center next Friday and the
governor will be here.
Mayor Suarez: You are doing that regardless of what we do here today?
Ms. Carbonell: Well, that's regardless. The money is already spent, as a
matter of fact, there was over $100,000 more spent on the building on that
facility and that was earmarked for capital improvements. There has been
requests for last three years to the State Legislature, just for cooperating
in capital, and only capital.
Mayor Suarez: And you have had the support of this Commission in obtaining
those.
Ms. Carbonell: Absolutely.
Mayor Suarez: We ought to recognize that. One last question. The population
of Little Havana may be changing as much as in any part of the City. Do you
have... is anybody doing a study on that and what is happening with elderly
that are living there, maybe substituted by immigrants or by people who
actually are in as great a need, if not greater need, is anybody doing a
demographic study of Little Havana?
Ms. Carbonell: The last demographic study conducted in the Little Havana area
was the 1988...
Mayor Suarez: The Task Force.
Ms. Carbonell: The Task Force. I can tell you this on the elderly portion
and on the immigrant issue. The elderly population of Little Havana in a
specific study that the State Legislature approved, is getting older, poorer,
frailer, and is expected that for the next 15 years, it is going to continue
to pound that area and to increase. That means that people that are leaving
to the suburbs to live with their families are coming back to Little Havana.
Mayor Suarez: Well, that trend would be extremely favorable. I was thinking
of a trend where people might be dying as they get older and older and they
die and they be substituted by even lower income people, not only on fixed
incomes, but having no income at all, because they are immigrants or whatever,
they are unemployed.
Ms. Carbonell: We're seeing that right now. We are getting a blunt of the
immigrant, elderly population.
Mayor Suarez: The other trend we're happy to see that younger people are
moving back from the suburbs into the City and buying inexpensive, hopefully
inexpensive units.
Mr. De Yurre: Thank you. Lourdes Garcia.
Ms. Lourdes Garcia: Good morning, my name is Lourdes Garcia, 970 SW 1st
Street. I represent Little Havana. Child Care, which is located in the Manuel
Artimes Community Center, the City of Miami Building. We have a license
capacity of 56 children, preschoolers, and we are basically serving low income
families in the eastern portion of the Little Havana Target Area where the
social needs are growing due to the continued influx of Hispanics from various
countries who have minimal economic resources. In our program, we are
providing the children with educational activities as well as three meals per
day including breakfast, hot lunch and afternoon snacks. For many of these
families, the lunch that we provide is the only hot meal that they have during
the day. We are currently receiving $50,244 from the City of Miami. The five
percent cut is going to represent of course less money in the amount of $2,562
and I am requesting at this time to be exempt of paying this amount of money
on my rent, so if the City of Miami is going to reduce our allocation in the
5.1 percent, OK, that we be excluded from paying the same amount of money in
the rent that we are currently paying in our center. Thank you.
Mr. De Yurre: Thank you. Lucia Vicencio.
Ms. Lucia Vicencio: rood morning, Lucia Vicencio from San Juan Day Care
Center. I came last week to share our needs and our goals with you. Our
24 April 27, 1989
program serves 63 children in the Wynwood area, 144 NW 26th Street. I was
asking you to consider the same amount we got last year, which is $23,700.
The five percent cut means tl,309 for us, which is probably a little amount of
money, but v ith the other cuts we are facing at. this point, we are going to
have a big impact in our service v7e provide to our children. Thank you.
Mr. De Yurre: Thank you very much. Marlene Eveillard.
Ms. Marlene Eveillard: Good morning., my name is Marlene Eveillard, I am the
administrator of Notre Dame Day Care, the program of Catholic Community
Services serving the Little Haiti Area. At Notre Dame we provide day care
services to 149 children of low income families, like the Mayor was saying a
few minutes before, many of no income at all and they rely heavily on the
services that we provide. Any cut in funding would be detrimental to our
program and in fact, we are here to request an increase in funding in order to
address our very long waiting list of 259 children, considering that we have
the capacity to serve all of them, or close to that. Our budget for this year
is $19,908, and with any cut it would go lower and if look at the number of
children we are serving that is a rather low allocation. Thank you.
Mr. De Yurre: Thank you very much. Ruth Wells.
Mayor Suarez: You might also be providing us with demographic studies of the
impact of immigration and the same things that I asked about the Little Havana
area, we need to know that about the Haitian community.
Ms. Ruth Wells: My name is Ruth Wells, and I'm the project director of the
Senior Adult Day Health Center at Legion Park, one of the satellite programs
from the Miami Jewish Home and Hospital for The Aged. This program is not a
Jewish Day Center, we have about 40 percent black people, we have about 40
percent Hispanic and about two percent Jewish people and these are low income,
almost dirt poor people. The meals program that we have, yes, it costs about
$5 to feed each one of these people, but we feed them a hot lunch, a snack at
breakfast and a snack in the afternoon and that's 99.9 percent of all the food
they get in 24 hours. I would like to thank the Advisory Board for
recommending us for funding this year because since revenue funding was
absolved, we have suffered terribly and we are experiencing cuts from all
over. The other funding sources for this program, we have been cut
drastically all over and this program has been in operation now for 14 years.
It is considered one of the best in Dade County and I would like for this
program to continue and I would like to ask the Commission to please continue
to fund our program. Thank you.
Mr. De Yurre: Thank you very much. Dr. Clyde Pettaway.
Dr. Clyde Pettaway: Mr. Mayor, Honorable Commissioners, my name is Clyde
Pettaway, senior vice president, James E. Scott Community Association. I'm
here to ask you for some help for the young people in the City of Miami.
We're presently serving young people, but based on our funding source in the
County, we do not have funds to actually except about 20 percent of young
people in the City of: Miami. I am not asking for any money frorn your Block
Grant, which you say is all gone before you got here, but: I'm specifically
thinking in terms of two departments :7ith the City of Hliarrii, the Police
Department and Department of Transportation. As relates to the Department of
Transport ation , that we need at some point, vans, to be specific. Then we get
these young people out of the area, exposing them to different hinds of
things, other type environments, other type recreational activities, etc. I'm
possibly suggesting if it is at all possible, we might be able to secure some
vans and I don't know if you can do it or not, that's why you are
Commissioners and I'm here, but maybe, like some buildings, you do a dollar a
year vans, that are not necessarily being used right now to the...
Mayor Suarez: Let's ask if we have any on surplus. Mr. Manager, would you be
able to get back us if we have any vans on surplus that we might be able to
allocate to JESCA?
Dr. Pettaway: OK, secondly, our department, Police Department, I met with
Vice Mayor De Yurre and staff as it relates to the Police Department and I
know this probably looks different, this is probably something new, I don't
know if they are presently doing it, but I am suggesting that they possibly
look into it and do it and that is to give some support in the area as relates
to crime prevention. We're not talking about buying guns, weapons, etc., but
25 April 27, 1989
s
we are talking about helping young people to keep them from entering that
Police Department. end I'm suggesting that the Police Department use some of
their funds, and inasmuch as they do have funds and we're all aware of that,
because you allot them the funds, to help out in the community, in the City of
Miami snd to work with young people and those are the points I'm asking. I'd
also like to bring up one other point that is different. Mr. Hardwick spoke
earlier, he didn't bring this to your attention, but if you go with the budget
from the Block Grant as proposed for the three new centers that we are running
now in the City of Miami, if that budget goes as presented, as you have right
now, we would be cutting back 20,000 meals to senior citizens in the City of
Miami., if that budget goes as it states right now.
Mr. Plummer: 20,000?
Dr. Pettaway: Yes, sir. We are talking about an additional three centers,
we're talking about an additional need for approximate eighty... for $48,000
we are talking about an 85-15 percent ratio and when you begin to add it'up...
look at Little Havana, with their just cut back, what? - Thirteen, they're
looking about $8,000, so when you look at that and you add it up...
Mayor Suarez: What's it cost per meal? I think that is what the Commissioner
is getting at.
Dr. Pettaway: Well, let me do it this way. Let me do it this way, OK?
Mayor Suarez: He's always good with those numbers. He always wants to see
the equivalency in the cost per meal, to the number that you say is being
eliminated.
Dr. Pettaway: That's what I am going to do for you, Mr. Mayor. What we are
talking about is cutting back on about 80 people per day, that's 400 a week,
that's 1,600 per month, and if you go 12 months, you are talking about
3,000... you run somewhat in the area of about 20,000, roughly. I'm doing it
right here, OK? What we are running, based on funds that we have been able to
secure from the outside, we have been able to cut our costs down, but what
happens, and from what I heard from Commissioner Dawkins at the very onset of
today's meeting is that you are actually penalized, in a sense, if you go out
and secure funds, because then you get less, so you know, if you get it on one
hand, and you're being cut back on the other hand, you still are not equaling
out, so based on the fact that we do have three new centers located in the
City, we're just not going to be able to do it, do three additional, based on
what we were getting to do the others, it just doesn't pan out, so I just want
to leave that with you. It's your decision, of course, but at the same time,
I do wish that you would look into the Police Department as well as the
Transportation Department, and also look into your inner selves as relates to
senior citizens and feeding them. Thank you very much.
Mr. De Yurre: Thank you.
Mr. Plummer: Is there anyone here from the Holy Cross Day Care? How many
children do you serve?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: How many children do you serve total? 165 and 77 from the City
of Miami?
Mayor Suarez: And you said... why don't you come up to the mike, because...
Mr. Plummer: How many from the City of Miami?
Mayor Suarez: Why don't you come up to the mike because we are losing what
you are saying. He wants to know out of the total, how many are from the City
of Miami. Why don't you come up to the mike, please. Come up to the mike so
we get it in the transcript.
Mr. De Yurre: And I want Officer Longueira, I think he just stepped out, I
need to ask him a couple of things.
Ms. Velazquez: We have a license capacity of 165 children. Out of the 165,
we serve 44 children from the City of Miami.
26 April 27, 1989
Mr. Plummer: 447
Ms. Velazquez: Right.
Mr. Plummer: And your total budget is $482,000.
Ms. Velazquez: That's what we project to get throughout the year. Many years
we don't reach that amount.
Mrs. Kennedy: What was it last year?
Ms. Velazquez: Three hundred and eighty something total. It's a large
facility.
Mrs. Kennedy: Do you have a waiting list?
Ms. Velazquez: We have a waiting list close to 80 for needy families in the
Wynwood area.
Mr. Plummer: Thank you.
Mr. De Yurre: Officer, on this program, have you met with Dr. Pettaway on
this youth crime prevention? Youth Crime Prevention Program. Do we have any
funds, generally. I'm not saying if we have any right now, at this moment,
but aren't there funds allocated for this type of programming?
Lt. Longueira: We have our own programs that are in the budget that we
consider crime prevention programs. We have officers in schools, we have the
Crime Watch people that work, you know, in Crime Watch programs, crime
prevention programs, we have some crime prevention specialists that work in
that area. You know, we consider the youth gang detail a crime prevention
type and we have juvenile officers that specialize in juvenile crime
prevention. You've directed me to look at some other programs, two other
programs dealing in crime prevention that I've been looking, or I'm looking at
now, trying to find funding. We don't have fundings specifically for
additional programs at this time, not in our budget.
Mr. De Yurre: Doctor, how much money are you talking about in that program?
Mr. Plummer: $3,000 a kid.
Dr. Pettaway: We're talking about approximately $30,000, $35,000. That's all
we're talking about. We're not talking a lot of money.
Mr. De Yurre: I'd like to see it... Cesar, if you can kind of head this
situation now, $35,000 out of the City's police budget, as crime prevention,
see if any can be allocated from there. That's what they need for that
program, Youth Crime Prevention.
Lt-. Lonpueira: I'll loot, at this, the Hana-ger's ,shed me to look at this,
that's what I \,as doing, coming around and get over 11,0170.
fir. De Yurre: GK.
Lt. Longueira: Ile'll look whether ve can do it within the different funding
sources we have. We do have some problems, as I experienced with the soccer
program, I'm trying to work with that one, and some of the budgets that they
present, they want us to pay the hired administrators and things like that.
These programs have to be run by the Police Department, we can't give them
money to do it, they type of funding we're looking at, they have to be run by
the Miami Police Department, so we're having some problems in justifying,
hiring these administrative type people just for that. Drug counselors, that
type of thing, I think I can justify, but straight secretarial and
administrators, we just can't do that under the law.
Mr. De Yurre: Well, I need you to get together with the doctor...
Lt. Longueira: I will.
Mr. De Yurre: ... and see how we can hopefully come up with something.
27 April 27, 1989
Mr. Plummer: Well, that's easy enough done, all we do is just take the money
out of the police budget and handle it in a different way, that's simple.
Mr. Dawkins: But let's not. get people's hope up now, unless you are fooling
me. You say you don't have enough police to put on the streets and now you
are saying you got to have a policeman to run this now. What are we having?
Mr. Plummer: Oh, there's a lot of those cases.
Lt. Longueira: Commissioner, the only...
Mr. Dawkins: No, see, all I need to know is, you know, what we are doing.
See, let's not have people leaving here saying that we are going to do this,
when you know when you come back next time, they are going to say, well, we
expected you to come out with Clyde Pettaway and establish this program and
then say, well, we were going to do it, but we couldn't find a loose officer.
Lt. Longueira: Commissioner, I'm not saying that we have to have an officer
do it. It has to be run by the Police Department. The type of funds you've
asked me to look at, the Trust Fund ... they're very specific.
Mr. Dawkins: I don't have any problem with what you are saying. All I'm
saying is, say what we're going to do, CK? Are you saying that we can do this
with people, anybody, is that what you are saying?
Lt. Longueira: I'm saying that I'm going to look at it. I just was handed
it... until I look at it.
Mayor Suarez: Well, the Commission's made it pretty clear that we wouldn't
want to detract from the regular amount of patrol that we have out there,
which is the crying need in the community, I mean... everything else is
important, we...
Lt. Longueira: Yes, we will not. I don't want to do that either.
Mr. Plummer: How many officers do you have presently assigned to school
resource officers?
Lt. Longueira: I can have that for you in a couple of minutes, if you'll let
me make the call.
Mr. Plummer: I'd like to know the number and the amount of money that is
involved, because I've stated from day one and I'll continue to state, that is
an expense that should be picked up by the School Board.
Mayor Suarez: We have a few items coming up, negotiating with the School
Board that maybe we can emphasize the need for them to help us with that out
of their couple of billion dollar budget, the last time I looked at it.
Mr. Plummer: Mr. Mayor, if I may, or Mr. Vice Hayor, is there someone here
from Centro i4ater? How many children are you serving?
Ms. Carvajal: 424.
Mr. Plummer: 444? And what is your total budget?
Ms. Carvajal: About $1,000,000.
Mr. Plummer: $1,000,000? OK, and...
Mayor Suarez: A little bit less than $2,500 per, must be like $2,300.
Mr. Plummer: ... Centro San Juan? 63 children, and what is your total
budget?
Mayor Suarez: He means for the entire program now.
Mr. Plummer: The entire program.
Mayor Suarez: Do you have the total budget of the entire program?
Mr. Plummer: You don't know what your budget is?
28 April 27, 1989
Ms. Vicencio: ... INAUDIBLE ...
Mr. Plummer: Three hundred thousand?
Mayor Suarez: It sounds like you are coming in the highest per child. Keep
an eye on his mathematics over there, he's going to be checking to see how
much...
Mr. Plummer: Little Havana Child Care, how many children do you serve? 56,
and what is your total budget?
Ms. Garcia: $235,266.
Mr. Plummer: Notre Dame.
Ms. Eveillard: Serving 144 children....
Mr. Plummer: Wait a minute, 144, and your total budget? $800,000.
Ms. Eveillard: Close to $800,000.
Mr. Plu.nmer: $800,000.
Mayor Suarez: You must be doing more than child care.
Mr. Plummer: That's... OK, St. Alban's Day Nursery?
Unidentified Speaker: 425.
Mr. Plummer: 425 children, and your total budget?
Unidentified Speaker: 1.1.
Mr. Plummer: 1.1? Thank you.
Mr. Dawkins: Mr. Mayor.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: You made a very, very interesting remark when you said we should
do some research to determine the demographics of an area and I would like, I
don't know who could do it better, I mean, but we do need to get it done, and
I'd like to ask the Manager to find someone to do it in Flagami and Little
Havana and that we engage the services of John Hall to do it in Overtown,
Wynwood and Liberty City and I'd ask that John Hall work with the Manager to
see about establishing a contract or something to come up with that.
Mayor Suarez: Ve've had a crying need for some statistical data on
unemployment and on demographics and perhaps the colleges, 11iami Dade
Community College>, could help us, or somebody, I don't know that we have the
funding available, I don't think Commissioner Dawkins is ready to move on any
particular amount of: funding, but we'd like to see what resources we already
have available, I think is what he is saying...
Mr. Dawkins: Yes.
Mayor Suarez: ... to give us a little bit, more... well, if the figures are
already available, somebody, maybe United Way has done it, maybe... I see
Josefina nodding her head, sometimes we don't know what the unemployment rate
among 18 to 25 year olds in the inner-city is. Sometimes we don't know what
the nature of the people moving into our neighborhoods is, and I hope that if
figures aren't available, that Commissioner Dawkins' suggestion be pursued,
Mr. Manager, and you get rack to us on what it might cost to do that.
Mr. Dawkins: Or if it is already available.
Mayor Suarez: If it is already available, we'd like to have those.
Mr. De Yurre: We have one last speaker, which is Mr. Roberto Godoy.
29 April 27, 1989
f 0-
Ms. Carvajal: I want just to inform the Mayor that the CDC (Community
Development Corporation) of East Little Havana have made a very recent study
of the area that we can make available to you anytime.
Mayor Suarez: 01(, the CDC information, we'd like to get..
Mr. Roberto Godoy: For record purposes, my name is Roberto Godoy, my address
is 930 SW 22nd Avenue, Florida Housing Cooperative. I sm talking as secretary
of the Florida Housing Cooperative, and also in the name of our president
Carlos Rodriguez, Queseda, our board of directors s,nd over 1,000 members of our
cooperative. In this program under housing, it is recommended to spend
$2,455,000 for rehab, demolition, crime watch and economic development, but
nothing is said as to new housing. our program submitted to cooperative
housing for converting family from rental into cooperative tenant owner have
been left out after three years thPt we have received the assistance of the
City of Miami. This is the same cooperative program that in other states has
made owners to over 1,000,000 low income families and in Europe over
5,000,000 families. Our program is to make permanent tenant owners to low
income families at a very low amount, equal or less, that they pay for rent
and who do not actually know what future rental they will have to pay. With
the help of the City of Miami, we already have but two, buildings and ten
tenants have been converted into owners for less than what they were paying
rent. Jack Kemp, the new Health Secretary and President George Bush support
the plans in which tenants own their units rather than rent including
cooperative houses. There is no reason at all why we have been left out. We
are just getting $100,000 from the State of Florida to construct new units,
and we're looking...
Mayor Suarez: Let me interrupt you and ask... what he is talking about sounds
to me like Economic Development. It has nothing to do with social services
portion of the budget, right?
Mr. Plummer: No, it's housing.
Mayor Suarez: It's housing, or...
Mr. Castaneda: It's not economic development. It's housing, it's a housing
issue, Commissioners.
Mayor Suarez: And we don't do this with the funding that we are talking about
today.
Mr. Castaneda: Well yes, the application is for $11,700,000, which includes...
Mayor Suarez: We've got that in there already. I'm sorry, go ahead, doctor.
Excuse me one more time, Commissioner Dawkins wanted me to recognize...
Mr. Dawkins: Wait when he finishes.
Mayor Suarez: OI:, we are going. to recognize the Little League Team and I
gather that must be the second row? OX, we'll get to you right in a second so
you can let on N;ith other activities, educational or otherwise. Go ahead,
doctor., I'm sorry I interrupted you twice.
Mr. Godoy: Ile are obtaining $100,000 from the State of Florida to construct
new units and we are looking for some parcels that belongs to the City of
Miami or are at the disposal of the City of Miami, so that we may use this
$100,000. There is no reason at all why we are leaving out how it is possible
that you said in the second page of this paper that you have spent
$13,700,000 for rehab. When you spend that money for rehab, as I understand,
you loan that money and then you receive that money back, or you receive
interest.
Mayor Suarez: Let's ask a question about that. How are we doing on
recovering any of the rehab loans? You are talking about multifamily rehab,
s right? How much is coming in per year? I know we are spending...
Mr. Castaneda: I think it is about $1,000,000 a year.
Mayor Suarez: That gets put in with the reg... what recovery rate does that
constitute compared to the total amount being given out?
i
30 April 27, 1989
Mr. Castaneda: I think you have to talk to Housing, that's...
Mayor Suarez: What's the total amount, maybe you know the total amount that
we're spending in multifamily rehab. It's half of the budget and the budget
is about eleven, so it is about. $5,500,0007
Mr. Castaneda: Right..
Mayor Suarez: And we're getting a million back?
Mr. Castaneda: Right.
Mayor Suarez: That's your answer? We're getting about a million back that
gets put in with the rest of the budget and yes, almost all of them are loans,
right? I don't think none of them are grants, are they?
Mr. Castaneda: Single-family...
Mayor Suarez: I mean, multifamily, is what I asked.
Mr. Castaneda: OK, multifamily, they're all loans and the interest...
Mayor Suarez: I would hope so because we've got some major developers
participating in that multifamily rehab program and they get amounts from the
Federal Government through the City, or maybe directly, I forget how, which
sometimes are extremely high for the units in question and I hope that all
that money has to be paid back. The answer for multifamily rehab, but if it
does, some single family rehab that we do, the people are indigent, or not
able to pay it back and they're in the form of grants.
Mr. Godoy: What? But out of those 13 millions I suppose that some money has
been able to get it back, because that's about....
Mayor Suarez: A million year is what we are getting back, roughly.
Mr. Godoy: And particularly, not a question of rehab of buildings belonging
to one person, but rehab for buildings that belongs to owners who rent those
buildings and who usually are getting very good money, while our cooperative,
what I'm doing, is making owners to those people that are renting and you know
in the City of Miami, after crime, the question of decent housing is one of
the most important programs. Thank you.
Mayor Suarez: Absolutely. We think the total home ownership in some of the
projects we are doing in the City is actually preferable to a cooperative, but
I think cooperatives are very good, particularly since Carlos has been telling
me that the Federal Government is very interested in funding cooperatives in a
bigger way than in the past.
Mr. Godoy: We are only requesting $30,000, sir. Thank you.
Mr. De Yur.re: Thant: you very much.
Mr. Plummer: Let me ask a question. The representative of Notre Dame Day
Care Center, may 1 verify those numbers with you again? You gave me the
numbers of 144 children and your total budget is $800,000.
Unidentified Speaker: A little bit under.
Mr. Plummer: More or less. Well, OK, I need her to come back up because in
my calculations, we're spending $5,555 per child. Now, something, either the
numbers are wrong, or my mathematics are wrong, because in what I've done in
calculations, here, you're more than double Centro Mater. As it stands, I
could not vote in any way of subsidy of $5,500 a child, but I can send my
child to a private day care center for about $3,400, so I need you, if you
can, to justify for me why it is $5,500 per child.
Ms. Eveillard: OK, the cost per child per day is $12.50 and I don't have the
detailed budget with me.
Mr. Plummer: Well, it's very simple, you take $800,000, you divide it by 144,
and it comes out $5,555.
31 April 27, 1989
Mayor Suarez: Do you do anything besides child care?
Mr. Dawkins: Wait one minute. What is the other agency we are comparing this
with?
Mr. Plummer: Well, I've compared them all, the low in Centro dater is $2,200
per child and the high is Notre Dame at 55,500 per child and I'm going to ask
the same questions, by the way of Centro San Juan, where that is almost $5,000
per child. Little Havana Child Care, is call it $4,200. Now, I'm just
asking.
Mr. Dawkins: OK, me too, I want to know. Does either of those other agencies
deal with the refugee who speaks no English, who does not understand the
customs and everything, where they may need... and I'm like you, I'm asking,
where they may need certain counselors, etc., to deal with this day care
center that the others do not have?
Mr. Plummer: Well, we're basically talking child day care centers.
Mr. Dawkins: Well, if you got a kid there all day long, that's day care.
Mr. Plummer: OK.
Ms. Eveillard: Yes, we also provide support services to the parents in...
Mr. Dawkins: No, no, we are talking about the child.
Mr. Plummer: No, no, we are talking about day care.
Mrs. Kennedy: No, no, that doesn't count.
Ms. Eveillard: OK, so the cost per child per day again is $12.50 and I will
send you a detailed budget which I don't have with me.
4
Mr. Dawkins: OK, how many... at your center, how many persons are employed?
Ms. Eveillard: 26.
Mr. Dawkins: 26, all right now, what is the lowest one, J.L.?
Mr. Plummer: 144 is that what you asked, how many children total?
Mr. Dawkins: No, how many persons employed.
Mr. Plummer: Oh, I don't...
Mr. Dawkins: OK, now what is the lowest one you say, Centro Hater?
Mr. Plummer: You would have to ask that question, I...
Mr. Dawkins: Centro Mates, what did you say, it's Centro Hater? How many
people employed at. your center?
Ms. Carvajal: We have /'43 staff members,
Mr. Dawkins: 43?
Ms. Carvajal: But I guess...
Mr. Dawkins: 43 staff members, OK.
Ms. Carvajal: We serve in three components, infants, preschool and after
school and part of that 43 are part time employees because of the after school
children.
Mr. Dawkins: And you have how many students?
Mrs. Kennedy: Do you have a waiting list?
Mr. Dawkins: 444, so your ratio is ten to one, approximately, and you got...
Mr. Plummer: 444 comes out to $2,252 per child.
32 April 27, 1989
Mr. Dawkins: No, no, I'm talking about the ratio... I'm talking about the
person, the ratio of teachers to the student, ten to one.
Ms. Carvajal.: Yes, the staff child ratio is changed according to the age of
the children. For example, in our infants we have five to one; for the
preschool, one to ten; for after school, one to fifteen; or one to twenty-five
for the big ones, so it is different in each one. I. guess large amounts of
children, it is less costly because we share a smalladministration with too
many children and maybe that's why our cost is lower.
Mrs. Kennedy: And do you have a waiting list?
Ms. Carvajal: Yes, we have 850 children on our waiting list.
Mr. Dawkins: A 1,000 youngsters? Now, you serve how many? How many
students?
Ms. Eveillard: 144. The ratio is one to ten.
Mr. Dawkins: Go ahead, J.L., I'm finished.
Mrs. Kennedy: No, way.
Mr. Plummer: OK, I'm still groping for why there is such a discrepancy in
the... and I've asked for the figures on the City day care, there is such a
discrepancy of more than double. I mean, we are not here, and I'm not
directing this at any one program, to help the needy, or the greedy. We're
here to help the needy and if we can provide child day care center through an
organization that is providing day care center for $2,200 a child, I think it
behooves this Commission to find out why we can't provide it everywhere the
same amount of money. I just... I've got to be honest with you, I've not
heard any justification in any way, shape, or form, that I can vote for that
kind of a number. You have it for the City?
Ms. Brooks: No, I don't have the number for the City. I just want to mention
one thing though, I think if you...
Mr. Plummer: You better mention a lot, because you recommended it.
Ms. Brooks: Right. No, in analyzing these figures, you have to look at the
average daily attendance. We're combining some numbers here, Centro Mater's
program includes, as she mentioned, several components, but there's after
school care, there's a head start program, there are a lot of different
variables which...
Mr. Plummer: Excuse, the Centro Mater tells me their total program was
$1,100,000 and they are providing for 444 kids. Now, you know...
Ms. Brooks: Right. No, all I'm saying is that you have to really look at
each of the categories and look at the average daily attendance.
Mr. Plummer: I am looking at the bottom line. The bottom line of $5,500 per
child is too much!
Ms. Brooks: I'm sure that's incorrect. There is something very wrong there.
Mr. Plummer: Well, I'm sorry, I'm using her numbers.
Ms. Brooks: And we have...
Mayor Suarez: Can you verify that for us and get back to this Commission so
we have a way of comparing.
Ms. Brooks: Yes, we can do that and we can provide you the monitoring on
these, which show the average daily attendance, which is a better indicator of
what the cost is.
Mr. Plummer: The cost factor is still the number of kids divided by the cost
of the total program. Now, you could come in with all kinds of numbers in
between, but that's the bottom line! I am asking once again, does anybody
have the numbers on the City day care program.
33 April 27, 1989
Mr. Castaneda: We're getting it, Commissioner.
Mr. Plummer: Please.
Ms. Garcia: tiny I say something? On Little Havana Child Care, according to
my calculations; the $50,244 that we currently receive from the City of Miami,
representing $897.21 per child per year, that the City is contributing, $3.60
per child per day and 33 cents per child per hour.
Mr. Plummer: Which program are you?
Ms. Garcia: Little Havana Child. Care. Out of the...
Mr. Plummer: You told me that you had $235,000 total funding.
Ms. Garcia: Correct, because you asked me for the total budget, and I...
Mr. Plummer: That's correct, and you have 56 kids.
Ms. Garcia: That's correct.
Mr. Plummer: That comes out to $4,196 per child.
Ms. Garcia: Well, what I got here...
Mr. Plummer: Anyway you want to call it, you can divide it by 12 and make it
on a monthly basis...
Ms. Garcia: No, I divided by 56 children, and I came with a total budget,
$4,201.17.
Mr. Plummer: I come $4,196, we are not that far off.
Ms. Garcia: What I was saying is, that the City of Miami, you know, is
contributing in $50,244, which represents $897.21 per child per year, and by
the hour it is 33 cents, out of...
Mr. Plummer: But that means nothing. Those numbers don't mean anything.
Ms. Garcia: That's the money...
Mr. Plummer: What is the total cost of the program? If I can get a program
for $2,500, per child day care, and I'm faced with $5,000, I can provide for
twice as many children.
Ms. Garcia: OK.
Mr. Odio: Commissioner, maybe we are not comparing apples with apples, here.
Mr. Plummer: I'm using their numbers, my friend.
Mr. Odio: No, no, but the numbers sometimes don't tell the whole story and
maybe she is delivering services to an age {group and she is delivering
services to other age groups.
Mr. Plummer: We're talking about day care.
Mr. Odio: Would you clarify that? We are not comparing the same services.
Ms. Carvajal: You are...
Mr. Plummer: Well, why don't you give me those numbers? The numbers which
you give me here is the only thing I have to go on.
Ms. Carvajal: Sir, yes, I mentioned that we served three components. We have
infant, preschool and after school and the after school children, even if
employ about 13 staff members, are part time, because the children are in the
school in the morning.
Mr. Plummer: That's fine, that's great, because your cost factor per child is
$2,200.
34 April 27, 1989
a
Ms. Carvajal: It's lower also because if you serve a large amount of
children...
Mr. Plummer: That's fine! .All I...
Mr. Odio: If you took away some of those other services provided, the cost
per child of the same age group with go up.
Ms. Garcia: Excuse me, I understand what you are saying, and your concerns,
but you also have to take into consideration that you are putting your money
in programs where these quality day care services provided with qualified
staff.
Mr. Plummer: That's fine and I understand what you are saying, but there are
literally thousands of kids that need just day care, so the parents can work,
that's what you need. I mean, we are not here, with thousands on a waiting
list, to provide some with quality services and others with no services.
That's not what this City should be about in my estimation. I think that we
have to provide day care so that working parents can get out and work and not
be on welfare. Quality programs are great, if you can afford them, but we are
short of money, and I'll tell you, as far as I'm concerned, I'm going to be
opposed to any program that comes in over the minimum program. I think we are
charged with the responsibility of helping the needy. If you got money left
over after that, all these needs are met, fine, then let's talk about quality,
or better programs, but let's get these working parents out to work.
Ms. Eveillard: But there are other factors also involved in your calculation
of the per child cost, like daily attendance, the type of services that you
provide, the number of hours the center actually operates and if you compare
an after school program, against an all day program, we're dealing with a full
time staff, as opposed to a...
Mayor Suarez: Well, we're going to have to come up with a system, you've made
a very good point on the number of hours... a full time equivalent system,
FTE, as they use in the school system, or something that we can compare apples
to apples, and it's really embarrassing to be at this juncture and having a
Commissioner, have to be the one that suggests a per unit... I hate to use per
unit, when we talking about young kids, but you know, per individual cost and
not have a clear measuring system that takes into account the full time
equivalent, the number of meals, the number of hours. Can we get from staff
at least...
Ms. Brooks: Yes, you can, you can.
Mayor Suarez: OK, an analysis that incorporates... Commissioner, I think that
we are going to have to move on this item, because we've got the planned
process as an emergency item that they want to hear from the Commission and
we've got many other items this morning and the publisher of Miami Times is
here and I think, s,e in deference to him., and some of the other community
leaders that have been pushing this new economic development. I mean, we
either continue it or we vote on it and then...
Mr. Plurromer: I'm not going to vote for it. I can't vote for that kind of...
I'll continue that portion of it, as far as I am concerned, if that's what you
wanted, but I'm just saying with the numbers I am provided, I can't vote for
it. Now, if there is justification, or rationalization, I'm willing to
listen.
Mayor Suarez: Why don't you...
Mr. Dawkins: I listened enough this morning.
Mayor Suarez: Yes, we've got to get on this morning. Why don't you move the
rest of the items and continue all of those that have to do with child care
and have staff get back to us on those.
Mr. Plummer: If you are looking for a motion which says that on the child
care programs under social services that we defer that until the next meeting,
I'll so move.
Mr. Dawkins: Second.
35 April 27, 1989
Mayor Suarez
Moved and seconded
Any discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
A MOTION DEFERRING UNTIL THE NEXT CITY COMMISSION
MEETING, CONSIDERATION OF PROPOSED 15TH YEAR COMMUNITY
DEVELOPMENT BLOCK (CDBG) GRANT FUNDING FOR CHILD CARE
PROGRAMS, AS PART OF THE PUBLIC SERVICE COMPONENT OF
THE CDBG PROGRAM.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: I entertain a motion as to the rest of the programs and I guess
the logical thing to do is to accept the recommendation of the Community
Development Advisory Board and that's one of the options before us, I take it,
right, Frank?
Mr. Castaneda: Right. Commissioner, I need the whole...
Mr. Dawkins: So moved.
Mayor Suarez: We have a motion, do we have a second?
Mr. De Yurre: I'll second it, but under discussion I would like to study the
possibility, because we did this last year with Douglas Gardens, with the
program they have over at Legion Park and they were funded last year
through... because they were located in a City Park, they were funded through
interest earned on the $8,300,000 that we have for...
Mayor Suarez: Mr. Manager, you are saying that those funds are already
allocated? What are they allocated to?
Mr. Odio: General Fund.
Mayor Suarez: So we don't argue about something that we can't argue about, if
in fact we cannot.
Mr. Odio: Yes, the General Fund this year, Mr. Mayor. We had to use the
remaining balance...
Mayor Suarez: In this fiscal year we took all the interest from the
$8,300,000 and plowed it back in? Of course we also have to pay the interest
on the bonds themselves. Do you want to search around for that, and if you
come up with some funds, bring it up at the next Commission meeting on that?
Mr. De Yurre: Well, my own suggestion was to take the allocation for that
program, which is about $21,000, which would amount to one percent of the five
that are being cut and either, you know, spread it around so that it is one
percent less, or to prioritize it somehow. That's just my suggestion.
Mayor Suarez: What about for the next fiscal year? Or do we expect to
actually begin to use some of those funds in the next fiscal years. Heck, I
guess we hope to finish all the parks in the next fiscal year. So you found
the two fiscal years don't coincide, Community Development Block Grant is July
1, and ours is October 1, so... well, we have a motion and a second on the
rest of the items, unless there is any further discussion. Call...
36 April 27, 1989
Mr. Odio: One thing...
Mayor Suarez: Yes.
Mr. Odio: On the ordinance, we need to appropriate the whole amount and then
you can...
Mayor Suarez: That's fine.
Mr. Odio: ... freeze the allocations to those centers.
Mr. Castaneda: Commissioners, can...
Mayor Suarez: OK, we'll appropriate the whole amount and hold in abeyance any
distribution to child care in accordance to the first motion.
Mr. Castaneda: Commissioners, I will come back to the Commission anyway to
enter into contracts with the social service agencies. If by that time you
feel that application should be amended, then you can amend it, but I would
like authority to submit the application.
Mayor Suarez: Procedurally, you can do it any way you want, but remember this
Commission has not approved giving a single penny to those until we have
further reviewed them.
Mr. Castaneda: Correct.
Mayor Suarez: All right, sir. I think we are understood.
Mr. Castaneda: The other issue is the $500,000 for Camillus House, is that
decided?
Mayor Suarez: From the Economic Development portion?
Mr. Castaneda: From the Street Improvements, $500,000.
Mayor Suarez: I don't know, is that part of item one? Is that part of this
same motion?
Mr. Odio: That's $500,000, what I understand the motion...
Mr. Dawkins: And $500,000 for item 12 I am bringing up.
Mr. Plummer: Just for the record, I'm told that the City Day Care is $3,800
per child, just for the record.
Mayor Suarez: Yes, I remember the figure being less than $4,000, I do
remember that. Well, how about if we take the motion up on the Community
Development Block Grant allocations from the Social Service side, as a
separate motion, Commissioners, so we can get that out of the way, that's what
I understood the motion to be.
Mr. P1uruner: $1.,700,000.
Mayor Suarez: Whatever it is.
Mr. Plummer: $1,761,000.
Mr. Fernandez: Point of clarification, Mr. Mayor. You have items one and
two. Item one is a resolution authorizing the City Manager to submit the
complete program and that you must do completely, otherwise it has to wait
until...
Mr. Dawkins: So moved.
Mayor Suarez: So moved on the complete program on the resolution submitting
it. Do we have a second on that?
Mr. Plummer: Yes.
Mayor Suarez: That sounds like a technical requirement, call the roll on
that.
37 April 27, 1989
AwN
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 89-388
A RESOLUTION WITH ATTACHIIENT(S) AUTHORIZING THE CITY
MANAGER TO SUBMIT THE. ATTACHED APPROVED GRA14T PROGRAM
FINAL STATEMENT TO THE U.S. DEPARTMENT OF ROUSING &
URBAN DEVELOPMENT (HUD) REQUESTING FUNDS IN THE AMOUNT
OF $11,742,000 FOR THE CITY'S PROPOSED COMMUNITY
DEVELOPMENT PROGRAM DURING 1989-1990; FURTHER
AUTHORIZING THE CITY MANAGER, UPON APPROVAL OF SAID
GRANT BY HUD, TO ACCEPT THE SAME AND EXECUTE THE
NECESSARY IMPLEMENTING CONTRACTS AND AGREEMENTS,
SUBJECT TO APPLICABLE CITY CODE PROVISIONS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Dawkins: Go ahead, Mr. City Attorney, what's next?
Mr. Fernandez: Now, number two, that's the ordinance where the City creates
the fund to receive the monies that are coming in.
Mr. Dawkins: Read the ordinance... I'm sorry, Mr. Mayor.
Mayor Suarez: Yes, we need a motion and second on that.
Mr. Dawkins: Move it.
Mr. De Yurre: Second.
Mayor Suarez: Second, read the ordinance. Call the roll.
AN ORDINANCE ENTITLED-
A14 ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "COMMUNITY DEVELOPMENT BLOCK. GRANT
(FIFTEENTH YEAR)"; AND APPROPRIATING $11,742,000 FOR
EXECUTION OF SAME; FURTHER APPROPRIATING THE SUM OF
$1,354,000 FROM FIFTEE14TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAM INCOME AS APPROVED BY THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR
A TOTAL OF $13,096,000; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner De
Yurre and was passed on its first reading by title by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
38
April 27, 1989
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mayor Suarez: Nov, the motion that we excluded before is in agreement and in
consonance with what we've just done, right? You can make the two consistent?
We are not going to spend the monies for the Child Care Programs until we
- further have reviewed it. What else do we need to do?
Mr. Plummer: Well, the only question I have, Mr. Mayor, is if: we are able to
lower the cost on the Child Care Program, then we can use it to fund some of
these other programs that have been reduced. I mean, if we still have that
flexibility?
Mr. Castaneda: Yes, sir. We would amend the application...
Mayor Suarez: Anything else that we need to do on items one and two at this
point?
Mr. Plummer: That's all we have to do really, today.
Mayor Suarez: Mr. City Attorney?
Mr. Fernandez: Yes, that's fine, but I want the record to be clear that the
$500,000 for the purchase of Camillus House will be taken from Street
Improvements...
Mayor Suarez: That was part of which one?
Mr. Fernandez: ... and that was part of...
Mr. Plummer: But not from this budget.
Mrs. Kennedy: No.
Mr. Fernandez: Yes, from the 15th year, yes, from this budget.
Mr. Plummer: From... oh, I'm sorry, right. Now, what about the second
$500,000?
Mr. Odio: That will come next year when the time comes.
Mr. Plummer: I thought we had the second payment six months later?
Mr. Fernandez: That is correct.
Mr. Plummer: That will not be in this fiscal year?
Mr. Fernandez: I don't know where the monies are going to come from.
Mr. Plummer: Whoa, let's identify it. Come on now, let's don't play games
with each other.
Mr. Odio: That's why I think I said before that you should really allocate
$1,000,000.
Mayor Suarez: Madam City Clerk, what's the problem?
Ms. Hirai: I was requesting the Manager to please use the microphone. He
just did, thank you.
Mayor Suarez: Oh.
Mrs. Kennedy: OK, and I want to go back to this $500,000 for street
improvements. I think that we should hear from Public Works. We should hear
their recommendations.
Mr. Dawkins: And I go back to saying that if we take $500,000 for Camillus
House, that we take $500,000 to purchase the blighted area from 57th Street
- back up to 53rd Street, from 7th Avenue to the Expressway and that if we are
going to remove blighted areas, let's remove blighted areas and I say we take
-- up to $500,000 to acquire that, out of that same Street Improvement money.
39 April 27, 1989
Mayor Suarez: Mr. Kay, question asked?
Mr. Kay: The question is, as I understand it now, from both Commissioner
Dawkins and Commissioner Kennedy, that we are going to be less $1,000,00, is
that...?
Mr. Plummer: Two. Two.
Mr. Odio: No.
Mr. Plummer: He's taking $1,000,000 on the houses on the expressway, $500,000
for Little Havana and $1,000,000 for Camillus House.
Mr. Dawkins: No, no, just one half million for Little Havana and a half a
million, just one million, J.L.
Mr. Plummer: That's right, but then $1,000,000 for Camillus House, that's
$2,000,000.
Mr. Dawkins: $2,000,000, right.
Mr. Plummer: Now, what is going to go... you know, the bottom line, what's
going to happen to that program when you have $2,000,000 taken out of it?
Mr. Dawkins: Won't have no storm sewers, that's what, you know that. No
problem!
Mr. Kay: Well, we are only left with about $400,000 from Community
Development Funds and then we'd have to substitute, we'd have to pick out
another area. We only have enough money really to do any of the areas except
for Overtown.
Mr. Plummer: And you only have $400,000 to do that.
Mr. Kay: $400,000 to do that.
Mr. Dawkins: $400,000 will do Overtown?
Mr. Kay: Well, we had allocated a little over $200,000 for Overtown, maybe
one or two streets.
Mr. Dawkins: Don't try to do an area you don't have enough moneyl Do the
area what you've got enough money to do.
Mr. Kay: That's correct.
Mayor Suarez: Since when did we start using CDBG monies for regular street
improvements? They are not to be used for just any old neighborhood that
needs street improvements or sewers or...
Mr. Castaneda: Commissioners, what happened this year, as I explained to your
aides was that because of the large funding that we have had for housing in
the last few years, we have never had any money for street improvements, the
City Commission...
Mayor Suarez: OK, so we've never done that.
Mr. Castaneda: No, we used to do it in the first few years of Community
Development.
Mayor Suarez: When was that, ten years ago?
Mr. Castaneda: No, up to year six.
Mayor Suarez: Well, we're in the 15th year!
Mr. Dawkins: Mr. Mayor, I beg to differ. with Mr. Castaneda.
Mr. Odio: No, that...
Mr. Dawkins: We had a bond issue for $40,000,000...
40 April 27, 1989
Mayor Suarez: The voters turned it down.
Mr. Odio: That's...
Mr. Dawkins: ... and the voters turned it down and now you want to go and
take CD money to repair the roads, that's unfair, and that's what the Mayor's
trying to tell you.
Mayor. Suarez: Yes, I've never heard of us using CDBG monies for street
improvement.
Mr. Kay: Oh, we have, we have.
Mr. Odio: We didn't have to because...
Mr. Kay: Back in the 19801s, early 1801s, we spent several millions of
dollars.
Mayor Suarez: I asked a very simple question. I don't need to hear you guy's
philosophy! We determine the policy of the City. Since when did we ever use
CDBG monies for street improvement. Was in ten years ago, Frank, and we
haven't done it since then. Since I've been here, I don't remember doing it,
maybe something was snuck up on me.
Mr. Kay: Early 1980's, I think late 70's, early 19801s.
Mayor Suarez: All right, that's all I need to hear. Fine, I'm not worrying
about using CDBG monies for street improvements, that's not their purpose.
All right, Commissioners, we're back to... do we need to act on one or two, at
this point?
Mr. Fernandez: Well, it needs to be made clear for the record whether it is
$1,000,000 or $2,000,000 that we're talking about will be coming from this
budget's street improvements due to the purchases of Camillus and the other
two projects.
Mayor Suarez: All right, let's do one part at a time on the Camillus House
for compliance with the agreement that we tentatively have signed with Brother
Paul. We need $500,000.
Mr. Dawkins: So moved.
Mr. Fernandez: $1,000,000 for one fiscal year.
Mayor Suarez: But why do we have disagreement on this?
Mr. De Yurre: Why is it $500,000?
Mayor Suarez: Mr. Vice Mayor, hoer could it be for compliance five hundred, if
within a fiscal year... Oh, it's our fiscal year.
Mr. Odio: 11hat. happens is, if you only allocate $500,000, you won't ha.ve...
you will not be able to make the second payment that is due in the same fiscal
year.
Mayor Suarez: OK, we worked out the agreement. Do you agree with the timing
of that? Do we need to allocate $1,000,000?
Mr. Fernandez: Mr. Vice Mayor...
Mr. De Yurre: Let's ask him, if we want to go ahead and do it now, we can do
it.
Mayor Suarez: It's fine with me if we do it, either way, I don't... what
does the Commission want?
Mr. Fernandez: We'll have to be guided by the fiscal year of the Community
Development Grant.
Mayor Suarez: You recommend that we do it by the...
41 April 27, 1989
W #I
Mr. Fernandez: Yes, $1,000,000.
Mayor Suarez: Let's do it. Commissioner, move it.
Mr. Dawkins: What's the recommendation of the City Attorney, Mr. Mayor?
Mayor Suarez: That's what I just ask him and he says we ought to do
$1,000,000.
Mr. Fernandez: $1,000,000.
Mr. Dawkins: $1,000,000 what?
Mr. Fernandez: For the purchase of Camillus House because of the fiscal year
of the Community Development Block Grant runs differently than the fiscal year
of the City, so we're looking...
Mayor Suarez: July 1 to July 1.
Mr. Dawkins: I so move according to the instructions of...
Mayor Suarez: So moved.
Mrs. Kennedy: Second.
Mayor Suarez: So moved, any further discussion? Call the roll, we know how
we stand on this issue.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 89-389
A MOTION APPROVING THE RECOMMENDATION OF THE CITY ATTORNEY
TO ALLOCATE AN AMOUNT OF $1 MILLION TO BE TAKEN FROM
COMMUNITY DEVELOPMENT BLOCK GRANT/STREET IMPROVEMENT
FUNDS, IN CONNECTION WITH THE ACQUISITION OF CAMILLUS
HOUSE.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
Mr. Dawkins: And the $500,000 for the blighted area, I move.
Mayor Suarez: OK, that...
Mr. Dawkins: No, wait a minute. Word it, Mr. City Attorney.
Mr. Fernandez: From what I understand, the wish of this Commission is that
there be an additional $1,000,000 from the Street Improvement portion of the
Community Development Block Grant 15th year to fund purchases in two separate
areas, Little Havana for $500,000, this is a blighted area for purposes of
developing public housing and the other...
Mr. Dawkins: No, no, affordable housing, no public housing.
Mr. Fernandez: Affordable housing, I'm sorry.
Mayor Suarez: Very important distinction.
Mr. Fernandez: No, no, affordable housing.
Mayor Suarez: Very important distinction.
42 April 27, 1989
Mr. Fernandez: And the other $500,000 to be to the other... what was the
other area, Commissioner Dawkins?
Mr. Dawkins: I don't know, it's been changed so many times.
Mayor Suarez: You described it between 53rd and 57th and what was the
avenues? 7th Avenue?
Mr. Plummer: Call. it Shell City.
Mr. Dawkins: 57th to 53rd, 7th Avenue to the expressway.
Mr. Plummer: All right now, can I ask a question? Commissioner Dawkins, is it
your intention, in particular, in the Little Havana area, when we acquire this
property and demolish it, can we for example, give it to the Florida Housing
Cooperative?
Mr. Dawkins: No, sir, we can't give it to nobody, because we have to sell the
land, I mean get the money within the sale of the houses that keep a revolving
fund. If we keep giving away land, we will not have any revolving fund.
Mr. Plummer: Well, I understand that, but what I guess the problem that I
have is so much vacant land around. In other words, what you are saying is,
we will acquire the land, demolish the housing...
Mr. Dawkins: The City would become the developer and develop its own houses.
Mrs. Kennedy: As part of the scattered housing program?
Mr. Dawkins: Yes, of course.
Mayor Suarez: You want to earmark with this motion, $1,000,000 from CDBG
monies up to $1,000,000, OK? With this Commission having all kinds of further
review of the exact programs in question, but it would be earmarked for
acquisition of lands for affordable housing projects in those two areas as
described in the motion.
Mr. Plummer: Acquisition and demolition.
Mr. Dawkins: Yes.
Mayor Suarez: Acquisition and demolition, I guess, right? And we have to
approve all of the particulars. I'm sure this is going to have to come back
to us.
Mr. Dawkins: By all means.
Mrs. Kennedy: Herb.
Mayor Suarez: It's a prioritization of money, that's all it is.
Mr.. Plummer: I still think the City can tear those houses down a hell of a
lot cheaper than these other people and surely a lot quicker.
Mayor Suarez: And hopefully, with maybe some pro bono help as the
Commissioner has been getting on some of this demolition, you know, so we can
avoid having to use City monies.
Mr. Plummer: Mr. Mayor, I want to tell you that I watched the demolition in
Coconut Grove, the same equipment that they used to demolish that house that
the City has in its own reservoir. We've got the trucks to haul it off, we've
got the people to do it, I think we can do it much quicker, because we don't
have to go out to competitive bidding and we can do it a lot cheaper.
Mayor Suarez: Yes and I think the motion certainly allows for the possibility
that the City could do it itself as opposed to be paying consultants, if we're
in a capacity to do that, we have that capability and it sounds like we may.
All right, Commissioners, any further discussion on that motion? Do we have a
motion and a second, Madam City Clerk on that?
Ms. Hirai: I need a second, Mr. Mayor.
43 April 27, 1989
Mr. De Yurre: Second.
Mayor Suarez: Seconded by the Vice Mayor. Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 89-390
A MOTION EARMARKING AN ADDITIONAL $1 MILLION FROM
COMMUNITY DEVELOPMENT BLOCK. GRANT/STREET IMPROVEMENT
FUNDS FOR THE PURPOSE OF ACQUIRING AND DEMOLISHING
PROPERTIES IN CONNECTION WITH THE CONSTRUCTION AND
DEVELOPMENT OF AFFORDABLE HOUSING PROJECTS IN THE
BLIGHTED AREAS OF LITTLE HAVANA AND THE AREA BETWEEN
N.W. 53RD THROUGH 57TH STREET, AND FROM 7TH AVENUE TO
THE EXPRESSWAY.
Upon being seconded by Commissioner De Yurre the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
4. DISCUSSION ON POSSIBLE SALE OF MIAMI SPRINGS GOLF COURSE.
------------------------------------------------------------------------------
Mr. De Yurre: Mr. Mayor, talking about...
Mayor Suarez: Mr. Vice Mayor.
Mr. De Yurre: ... purchasing and selling and all that kind of thing, are we
looking into at this point in time the possible sale of the Miami Springs Golf
Course?
Mr. Odio: Yes, I am.
Mr. De Yurre: Where are we at with that?
Mr. Odio: I have lease management appraising, looking for appraisals.
Mr. De Yurre: Miami Springs?
Mr. Odio: Yes, sir.
Mayor Suarez: We've had two feelers in the last week, of people that are
interested in buying, the last one yesterday at a function I attended, I don't
know how many you've heard of, but Agnes Youngblood, famous Agnes Youngblood,
that's helping with the Japanese Gardens, representing, hopefully Japanese
investors who have seventy billion dollar a year surplus for the next seven
years, adding up to half a trillion dollars, I hope we can sell them
something.
Mr. Odio: Yes, we're meeting with them.
Mr. Plummer: Mr. Mayor, let me...
Mr. Odio: We met with those people.
Mr. Plummer: Let me for your edification, and the Manager...
44
April 27, 1989
Mr. De Yurre: I got a house in South Grove they can buy.
Mayor Suarez: We'll sell them the Vice Mayor's home, we've going to sell them
J.L.'s home...
Mr. Plummer: You'd better look into two aspects. One is that there is a
policy, Fs I recall, many years pgo, still standing, as a right of first
refusal to the Cit} of Miami Springs.
Mr. Odio: Yes, we are looking at the deed restrictions, we consider their
wells underneath and all that.
Mr. Plummer: OK, the second portion of that is I was always told that that
could not be sold, remembering that your total aquifilter for this entire
community is located under that golf course.
Mayor Suarez: We certainly have to be absolutely sure before we move that we
have taken care of the aquifer situation as to what can be done on it.
Mr. Plummer: They can't build.
Mayor Suarez: Right, but they could use it as a golf course is what...
Mr. Fernandez: Yes.
Mr. Odio: It can be sold as a golf course and they want a golf course there.
Mayor Suarez: They want a golf course.
Mr. Plummer: Well, the City of Miami Springs has been trying to get it for
years and as I recall, there is a long standing policy of this Commission that
we gave them the right of first refusal.
Mayor Suarez: They'll have it as a governmental entity anyhow, I think
they'll have the lowest price. No, Mr. City Attorney? Not at first refusal,
but they would get it at the lowest price, if they were interested as a
governmental entity?
Mr. Plummer: Well, I don't know.
Mr. Fernandez: No necessarily.
Mr. Plummer: No.
Mayor Suarez: No? But that's what you were telling us on the Municipal
Justice Building.
Mr. De Yurre: Well, if it does get sold, I would like that the funds obtained
from there be used first of all, to upgrade Melreese Golf Course and then you
know, we can dispose of the rest of the money as we see fit, but I think we
have to prioritize on that point also.
Mayor Suarez: I'd also entertain a motion to sell Jack Gamble to the
Japanese, or tI;e lowest bidder...
Mr. Dawkins: Second.
Mayor Suarez: ... and any other...
Mr. Plummer: Is that before November 1st, or the deal is null and void?
Mayor Suarez: That's right) Preferably before the election.
45 April 27, 1989
5. DIRECT ADMINISTRATION TO MAKE THE HADLEY PARK LITTLE LEAGUE FIELD
SUITABLE FOR TOURNAMENT GAMES BY YOUTHS FROM MTUNDU YOUTH SERVICE
ORGANIZATION, INC.
--------------------------------------------------------------------------------
Mayor Suarez: Would you step up the mike and let me introduce in the
meantime, the children from the Little League? I don't know anything about
this, I walked in, can snybody tell us what...
Mr. Dawkins: Yes.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: Sam... well, let the mother bring them. Bring them to the mike,
please, all the youngsters.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Dawkins: That's all right, we don't need him, you all come up to the
mike. Come on! Mr. Mayor and everyone, we have a group of men here who took
these youngsters and when they started with them, they wanted to play and they
wanted to see how dedicated they were and every kid you see here has... the
way he remains on the team is, his report card must improve. And Sam, go on
and tell us where they started from and where we are now with the report
cards.
Mr. Samuel K. Johnson: My name is Samuel K. Johnson, I reside at 4424 NW 23rd
Court, Miami. I represent MTUNDU Youth Service Incorporated, a youth
organization trying to uplift our innercity youth toward being better positive
thinkers of themselves. Basically, we strive on not just academic, we strive
on their discipline, because we've seen where the discipline has a heavy
effect on their academics and I have some kids here who came from an F in
homeroom alone, standing right next to me, but now he's got one of best report
cards we have on the whole program, nothing but A's and B's, all A's and B's
in conduct, so the work that we've done in discipline, that we strive for
after school, we mean for them to carry that on during school and also abroad
in the community. Basically the work that me and Mr. Joe Wallace and Mr.
Danny Beryl's doing is on a voluntary basis and we took a group of kids, ages
six to fifteen, we have two programs, a program for the little T-balls this
year, we are introducing them into the program, all the way up to twelve year
old's. We're based at Charles Hadley Park and we have a team in Central Miami
Little League and the league has been there for 20 years, but this year we ran
into a wall about the markings of the field, where they were asking us as a
youth organization, nonprofit organization to pay for calfine and the markings
of the field.
Mr. Dawkins: That's, been taken care: of. Go ahead.
Mr. Johnson: OK then. Also, we're asl.inC, for an electrical outlet, which I
spoke to you about a couple of naon,.hs ado and we sti.11...
Mr. Dawkins: I'll gct on that as soon as we get there. We'll get that
outlet. OK, what else you need, sir?
Mr. Johnson: Now...
Mr. Dawkins: No, now that... OK, I want us to give these kids a hand because
they have really... (APPLAUSE) ... and I would like for somebody over there to
get with the Manager and discuss this list he has here of attempting to make
Hadley Park's Little League Field suitable for tournament play and then after
you meet with him, get back to me and let us know what it is. Again
gentlemen, thank you for bringing them down and I'm sorry that they had to
stay out of school this long. I know it hurts their hearts! I know they are
just dying to get back to their teachers and I'll see you guys this afternoon,
OK? - and thanks for coming down.
Mayor Suarez: Kevin, before he leaves, Kevin Smith, would you check with the
Little Havana Kiwanis, since they did such a fine job on another one of the
City parks and see if they might not get involved in Hadley Park in bringing
up to speed on the requirements of Little League baseball?
46 April 27, 1989
----------------------------------------------------------------------------- Z
6. APPROVE IN PRINCIPLE FUNDING REQUEST FOR $625,000 114 ORDER TO STIMULATE
ECONOMIC DEVELOPMENT IN BLACK COMMUNITIES IN DADE COUNTY - as described
in the report: "Tools for Change" - Direct Manager to identify
appropriate funding source at a later meeting (See label 8).
Mayor Suarez: Mr. Reeves, good to have you, sir.
Mr. Dawkins: Welcome.
Mr. Garth Reeves: Mr. Mayor and members of the Commission, many of you might
have been keeping up with the development of the Planned Process Economic
Development. Briefly a group of 39 black professionals started meeting in
January of 1988. The decision of trying to put together a plan to help the
economic development in black communities. We knew it has always been
lagging, but we've never had a plan. After approximately 60 meetings and
various committee discussions and arguments and debates, at the end of 12
months, we came up with a plan that we labeled the study, Tools for Change.
We think it is a good plan. It's a five year plan in three phrases to bring
about the economic development of the black communities of Dade County. We
have had a lot of plans in the past, but this one we feel is the answer we've
been looking for, it's not a hit or miss thing. It's not a reaction to the
disturbance we had in January of this year. This was started a year before
that disturbance. It's in three categories. One is jobs, job development.
Another one is economic development and the other one is infrastructure
development. It.'s a long range plan, in fact what we're talking about is at
the end of five years, we hope to have in process in this community, major
projects that total $473,000,000. This sounds like a lot of money, but
actually, this project can be developed with the input of approximately four
point sixty eight million dollars per year for five years. The secret of it
is leveraging your money and the money that is put into this project is really
not... you are not asking for gifts, it is an investment. It is an investment
in the community. The banks will investment money in loan pools, they won't
get back 14 percent, but we're asking them to get back maybe, be satisfied
with sometimes three percent or six percent and that way your money is an
asset all the time, it's not a gift where you write it off. This is not
pouring money down a rat hole. We have not started this project yet, we
wanted to start where it all began, in the City. We think the major problems
are in Overtown and Liberty City, although there are problems in all the black
corridors of Dade County. We are asking the City in the next five years to
appropriate $625,000 as your part and this money will be used to fund the
Black Economic Development Council which will administer the program over the
five year period. We want to hire a director, a deputy -director and three
professionals and support staff to raise the money and write the proposals and
leverage the funds. It is a massive project, it is a complex project and we
must admit, it is an ambitious project. But we are tired of aiming our sites
at the rooftops, irhen really the sky is the limit. Now, we know that it is
not going to be easy, it is going to take a lot of hard vork and dedication
and commitment, but the worst thing we could do is to sit around and do
nothing about the problems of this City. So we want to ask you today to...
I've talked to the Manager and I know the problem you have with money. I'm
not getting into where the money comes from, but we would like your vote of
commitment to this money and we feel that as erudite and smart as your Manager
is, and knowing the importance of this problem...
Mayor Suarez: A lot of adjectives have been used for him, that's the first
time we hear erudite!
Mr. Reeves: ... that the money will come forward!
Mayor Suarez: I don't know if they'll be able to transcribe that one, Garth!
Mr. Plummer: Garth, what have you got from the County?
Mr. Reeves: We are asking the County for $500,000 a year for five years.
Mr. Plummer: $3,000,000.
47 April 27, 1989
E
Mr. Reeves: No, $2,500,000.
Mr. Plummer: $2,500,000 and you are asking us for $600,000.
Mr. Reeves: $625,000.
Mr. Plummer: For the five years.
Mr. Reeves: Five years, right.
Mayor Suarez: Would you at this point be expecting, hopefully not, that we
would specifically identify where the money is going to come from? I think I
told you how I feel about the very next divestiture of City assets, whether
it is Miami Springs Golf Course, or the property at loth Avenue and 20th
Street.
Mr. Reeves: loth Avenue and 20th Street, well I happen to sit on the board of
Miami Dade Community College and I know we have $4,000,000 waiting to buy a
piece of your property.
Mayor Suarez: Ah, it just went up $500,000 from a prior offer.
Mr. Odio: I'm glad to hear that, but...
Mayor Suarez: We're getting closer, we're getting closer.
Mr. Odio: ... it's on the agenda of May llth.
Mayor Suarez: OK, I would certainly entertain a motion that says that we
ought to make this commitment.
Mr. Plummer: Why don't we make a motion approving it in principle and ask the
Manager to come back and recommend the funding.
Mr. Dawkins: So moved.
Mrs. Kennedy: Second.
Mayor Suarez: So moved and seconded. For myself, you know how I feel. If
there is no other place, as far as I am concerned, they can fire a number of
high level employees in the City making that equivalent amount of money,
that's how important I feel it is, and I don't think that is a statement made
as a demagogue statement, I think it's just the way I feel about it and
believe the rest of the Commission does too.
Mr. De Yurre: Get out of there, Jack.
Mrs. Kennedy: This is a...
Mayor Suarez: We could start with the executive director of the Off -Street
Parking Authority.
Mr. PiuFffner: You're saying that because we don't need him anyhow.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 89-391
A MOTION APPROVING IN PRINCIPLE FUNDING REQUEST BY MR.
GARTH REEVES IN THE AMOUNT OF $625,000 FOR ECONOMIC
DEVELOPMENT IN BLACK COMMUNITIES IN DADE COUNTY, AS
MORE FULLY DESCRIBED IN THE REPORT ENTITLED "TOOLS FOR
CHANGE"' FURTHER DIRECTING THE CITY MANAGER TO
IDENTIFY AN APPROPRIATE FUNDING SOURCE IN CONNECTION
WITH SAME AND BRING BACK THIS ISSUE FOR FURTHER
COMMISSION CONSIDERATION.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
48 April 27, 1989
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mrs. Kennedy: Let me just say on my yes vote, this is a very conscientious
effort on your part and the whole committee to bring economic development back
to our City and I congratulate you for spearheading this effort and I vote
yes.
7. DISCUSS AND REFER TO CITY MANAGER RELOCATION OF AUTO POUND.
Mayor Suarez: Anne Marie Adker, you had a matter that was something you
wanted the City to look at? Anne Marie, you just wanted the staff to look at
the issue with the Pound and possible relocation of it and get back to the
Commission on it?
Ms. Anne Marie Adker: I needed...
Mayor Suarez: What's contained in this letter? You want us to get them to
move on what's contained in this letter?
Ms. Adker: That's right, but I need some immediate action on the removal...
Mayor Suarez: OK, I'm going to have this given...
Ms. Adker:... of that auto pound.
Mayor Suarez: ... directly to the Manager and we can do it by motion if you
want to have him report back to us on the request embodied here.
Ms. Adker: How long will it take?
Mayor Suarez: Well, he is going to... in fact, I'll tell you what, I'll tell
him to report back to us this afternoon on what he can do on this.
Ms. Adker: You've got this thing in temporary position since 1976.
Mayor Suarez: Well, it's going to have to move a little quicker than that,
so...
8. (Continued Discussion) - CONCERNING THE "TOOLS FOR CHANGE" PROJECT AND
TAX FOR ECONOMIC DEVELOPMENT VENTURES (See label 6).
Mr. Reeves: Mr. Mayor...
Mayor Suarez: Yes, Mr. Reeves, I don't know if I interrupted your
presentation.
Mr. Reeves: OK, excuse me, one other thing. We strongly support the City of
Miami receiving 35 percent of the food tax, which is proposed, and we are
happy that we got a favorable vote in Tallahassee.
Mayor Suarez: Garth, I'm glad you brought that up. I want to clarify
something with the Manager, as long as he is here, with this Commission. We
previously took action on the whole issue of the Greater Miami Convention and
Visitor's Bureau that was negative towards the Bureau and towards any tax that
=1
49 April 27, 1989
would give them any monies, because this Commission had not had a full
accounting and report. I think, Commissioners, that you are satisfied on what
has been accomplished on that end if you are not, please let me know, because
we have an assists:nt to the City Manager that I think, in good faith, but I
was quite upset to hear, wags going around saying that it WAS this Commission's
policy, or the City's policy, that we are not supporting this, this tax that
is going to bring in $4,000,000 a year in very needed revenues for economic
development ventures and I hope that we can clarify at this point that we are
at least pending review of the records of the Greater Miami Convention and
Visitor's Bureau, that we don't have a policy of being against that tax.
Mr. Odio: No, Mr. Mayor, I think there was a misunder... I think he...
Mayor Suarez: Well, it was a definite misunderstanding.
Mr. Odio: What they were saying is that the Commission never voted in support
of that tax.
Mr.. Plummer: What percentage of...
Mayor Suarez: That's... the Commission is not passing that, but I mean, to
say that the Commission or the City has a policy against it, you know...!
Mr. Plummer: What percentage is proposed to come back to the City?
Mayor Suarez: Thirty-five percent.
Mr. Plummer: And the other two thirds?
Mayor Suarez: Twenty percent to the Juvenile Board and forty-five percent to
the Bureau. But what I am saying is, I want to clarify that this Commission
does not have a policy against that. If each one of you wants to propose that
we take a unified policy, that's fine, if not, in the absence of one, each one
of us can do whatever we want to lobby, and I am fully in support of it and
unless anyone has anything contrary to say to that, if they want to say it on
the record, but I want to make sure that money is used precisely for the
purposes that we are talking about and it's going to take a lot more work with
the Legislature. I'm just beginning to draft a letter to some of my fellow
Hispanic Legislators, trying to get a little more support. We are not doing
real well there, and hopefully we will do better by the time it is all set and
done, Garth.
THEREUPON THE CITY COMMISSION WENT INTO A LUNCHEON
RECESS AT 12:07 P.M. AND RECONVENED AT 2:13 P.M., WITH
ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT
WITH THE EXCEPTION OF: Commissioner Kennedy and Vice
Mayor De Yurre.
------------------------------------------------------------------------
9. PRESENTATION.
---------------------------------------------------------------------------------
Presentation: Memorialize with plaque a City of Miami rescue vehicle after
Dr. Bernie Elser, pioneer of rescue efforts.
------------------------------------------------------------------------------
10. PERSONAL APPEARANCE BY MR. GEORGE PRICE TO DISCUSS THE PAA CLIPPER
PIONEERS' REQUEST FOR EXCHANGE OF PROCLAMATIONS BETWEEN THE CITY AND
GERMANY.
-------------------------------------------------------------------------------
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: Mr. Price has been down here six times trying to do us a favor.
Can we hear. Mr. Price and get this over with? Come on up, Mr. Price.
Mr. Plummer: What's the item number?
50 April 27, 1989
AHk
? Mr. Dawkins: 25.
—j Mr. Plummer: Oh yes, he talked to me also.
Mr. George Price: OK, what I was going to say... my name is George Price. I
live at 100 South Prospect Drive, Miami and I hate to disrupt this meeting
with a non -controversial no -money allocated money deal. Actually what I am
doing is to propose an invitation to the Mayor of Miami to join with the Mayor
of West Berlin, Germany sometime in August, actually August 11th...
Mayor Suarez: What is that date?
Mr. Price: August 11th.
Mayor Suarez: We don't have sessions in August, that's a good start.
Mr. Price: Well, that's what I hear, so we could manage to arrange...
Mayor Suarez: Can I take any fellow Commissioner with me?
Mr. Price: You can take the whole bunch, if you want. They would be
delighted. Now, this is a... let me give a little background here. I am a
retired airline pilot, as a matter of fact, I came to work in this building in
1942, we have an organization of retired pilots on our airline, called the
Clipper Pioneers. We have a convention every year. This year we are going to
have it in the City of West Berlin for several reasons: one, probably the
most important one is that the City is celebrating this year the 40th
anniversary of the lifting of the Soviet blockade of that city and of the
ending of the airlift that kept the City alive over a year that the blockade
was in effect. Some of us flew in that blockade, and when the City of Berlin
was notified of that, they immediately wanted to sponsor us in a number of
activities that we are going to be... that's going to take place over there in
August and we thought that it would be very appropriate if we could work an
exchange of proclamations and I watched today, and a few meetings back, I
noticed the exchange of proclamations is a quite a frequent...
Mayor Suarez: Eminently proper, and if by any chance I can't go myself, and
if I could send one of the fellow Commissioners, or ask one them to go, you
explain to them that each one of us has a vote here and they have four year
terms and I only have a two year term, so in many ways, they have more status
than I and I hope that would be accepted.
Mr. Dawkins: Commercial!
Mr. Price: I'll take any explanation with me you want me to take.
Mayor Suarez: Tell them that was a commercial.
Mr. Price: But they have been very, very anxious to get together with an
exchange. Our latest communication has been from a man by the name of Von
Schelshow, who is the Deputy Director of Protocol for the Berlin Senate, which
is the equivalent of the Berlin City Parliament and vhat I want to do now is
to see if the idea has any merit, there will be a large celebration there. We
will be the guests,and we would like, if po:_;sible to have somebody from the
City of Hiami Commission, or the Mayor...
Mayor Suarez: Absolutely, and in fact, I propose that you go right upstairs
and start meeting with our staff. Mr. Garcia kind of acts sometimes as a
protocol officer for the City and I guess we disbanded the office that used to
do that in a sort of German efficient way of thinking, so we don't have too
many resources for that, but we do our best to come up to the levels of
European protocol and give you all the things that you would require and
hopefully one of the Commission members would be able to attend.
Mr. Price: Very good. Who was that that I should see?
Mayor Suarez: Mr. Garcia upstairs and Mr. Bartel, who is around here
someplace, can take you up if you would like to right now, Mr. Price.
Mr. Price: OK, very good, thanks very much.
Mayor Suarez: Thank you very much for your presentation and your involvement.
51 April 27, 1989
AML AM
W Air
Mr. Price: It's not much of a presentation, but thanks for the time.
Mayor Suarez: All right, sir.
11. SECOND READING ORDINANCE: Amend Code Section 14-17 - expand the
boundaries of the Downtovn Development District.
Mayor Suarez: OK, item 3, oh, expanding the DDA boundaries, I don't know if
anybody has any objections to that.
Mr. Plummer: Move it.
Mayor Suarez: Moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Read the ordinance.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD, BY TITLE ONLY.
Mr. Plummer: Just for the record, there has been a public hearing on this and
all people that are affected by this increase in millage are aware that this
is taking place?
Mr. Matthew Schwartz: This is the second public hearing, plus we had a
meeting prior to bringing it to the City Commission at DDA and every property
owner was notified.
Mr. Plummer: OK.
Mr. Fernandez: This being a public hearing Mr. Mayor, perhaps you could...
Mayor Suarez: Is there anyone that wishes to be heard on this item before we
vote? Let the record reflect that no one has stepped forward. OK, call the
roll.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 14-17 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, TO EXPAND THE
BOUNDARIES OF THE DOWNTOWN DEVELOPMENT DISTRICT TO
INCLUDE THE AREA BOUNDED GENERALLY ON THE NORTH BY,
N.E. 24 STREET, 014 THE SOUTH BY N.E. 17 TERRACE AS
EXTENDED, ON THE EAST BY N.E. 4TH AVENUE AS EXTENDED,
ON THE WrST BY N.E. 214D AVENUE, COIITA114114G A REPEALER
PROVIS1014 AND A SEVERI:BILITY CLAUSE.
Passed on its first reading by title at the r--weeting of March 3, 1989,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Dawkins, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Rosario Kennedy
Vice Mayor Victor De Yurre
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10575.
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.
52 April 27, 1989
12. FIRST READING ORDINANCE: Amend Code Section 53-1.35 - increase charges
for Orange Bowl Stadium parking passes - Apply increased rates for
parking at Miami. Bobby Maduro Baseball Stadium a.nd Commodore Ralph
Munroe Marine Stadium.
Mr. Plummer: I move item 6.
Mr. Dawkins: Second.
Mayor Suarez: Item 6 has been moved and seconded. Any discussion? Read the
ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 53-135 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY INCREASING
THE CHARGES FOR ORANGE BOWL STADIUM RESERVED PARKING
PASSES AND FOR GENERAL EVENT PARKING AND PROVIDING FOR
THE APPLICATION OF THESE INCREASED RATES FOR PARKING
AT THE MIAMI BOBBY MADURO BASEBALL STADIUM AND THE
COMMODORE RALPH MUNROE MARINE STADIUM; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Rosario Kennedy
Vice Mayor Victor De Yurre
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
53 April 27, 1989
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13. RATIFY MANAGER'S ACTION IN MAKING APPLICATION TO FLORIDA LEAGUE OF
CITIES FOR .$8 ,500,000 LOAN - Payment of $7,225 to accompany application
from Orange Dowl Enterprise Fund Operating Budget.
Mayor Suarez: Item 7.
Mr. Dawkins: I move 7 and after 7 I have another one.
Mayor Suarez: Moved by Commissioner Dawkins.
Mr. Plummer: Second.
Mayor Suarez: Seconded, any discussion? I guess we are basically ratifying
the actions of the Manager in applying for loan monies for the League of
Cities to raise projects in the City. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 89-392
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
ACTION OF THE CITY MANAGER IN MAKING APPLICATION TO THE
FLORIDA LEAGUE OF CITIES FOR A LOAN IN THE AMOUNT OF
$8,500,000 AND IN MAKING PAYMENT IN THE AMOUNT OF $7,225
TO ACCOMPANY SAID APPLICATION, USING FUNDS THEREFOR IN THE
AMOUNT OF $7,225 FROM THE ORANGE BOWL ENTERPRISE FUND
OPERATING BUDGET; FURTHER AUTHORIZING THE CITY MANAGER TO
TAKE THE NECESSARY ACTION TO SECURE SUCH ADDITIONAL LOAN
FUNDS AS MAY BE MADE AVAILABLE FROM THE FLORIDA LEAGUE OF
CITIES, SUBJECT TO THE REVIEW ND APPROVAL OF ALL FINAL
LOAN DOCUMENTS BY THE CITY COMMISSION.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Rosario Kennedy
Vice Mayor Victor De Yurre
-------------------------------------------------------------------------------
14. FIRST READINIG ORDINANCE: Amend 10521 by establishing a new project:
"Hadley Part: - Pool Replacement" (Project No. 331349) - Appropriate
$2,100,000 from proposed issuance of Guaranteed Entitlement Revenue
Bonds, Series 1989.
Mr. Dawkins: Mr. Mayor, I'd like to add another ordinance.
Mayor Suarez: Commissioner Dawkins.
(AT THIS POINT, COMMISSIONER DAWKINS READS FIRST READING ORDINANCE INTO THE
PUBLIC RECORD. See hereinbelow)
Mayor Suarez: So moved. What does this action entail? What are we doing?
Are we conforming to something that we should have been doing before, or what?
54 April 27, 1989
#
Ms. Diane Johnson: Yes, back in January of this year, we made a presentation
to the City Commission on various projects which were to be funded by a new
issuance of bonds. lamong those projects was the Marine Stadium, the Coconut
Grove Exhibition Center..
Mr. Plummer: I'll second the motion, I've got a question. How can you make
those on revenue bonds? They are not producing revenue?
Ms. Johnson: Yes, I believe they are, if I may...
Mr. Plummer: We just made a motion this morning that the pools are free.
Ms. Johnson: But that was only for this summer, sir.
Mr. Plummer: OK, but...
Mayor Suarez: Where are the revenues that are buttressing these bonds coming
from, Carlos, why don't we explain it? They are not from the actual...
Mr. Plummer: They are not the revenues...
Mr. Carlos Garcia: These are not revenue bonds in the typical sense that
revenue bonds are. These are guaranteed entitlement revenue bonds. OK, they
are really special obligation bonds, and those monies are at this time going
to the General Fund, they are part of the State Revenue Sharing that the City
receives and the guaranteed entitlement is by itself about 5 point...
Mr. Plummer: So in other words, it is going to be paid from ad valorem.
Mr. Garcia: It is going to be paid out of the General Fund, yes sir, not ad
valorem taxes, but the General Fund.
Mr. Plummer: So then they are not revenue bonds.
Mayor Suarez: They are not revenue bonds?
Mr. Plummer: Oh no!
Mr. Garcia: They are special obligation bonds. They are guaranteed by
guaranteed entitlement revenues of the City, OK?
Mayor Suarez: OK, I call those revenue bonds. What specific guaranteed
revenues, or guaranteed entitlement revenues are you pledging for these?
Mr. Garcia: It is part of the State Revenue Sharing that the City receives
annually.
Mr. Plummer: How much does that amount to on a yearly basis?
Mr. Garcia: OK, the total amount of State Revenue Sharing is $11,000,000, but
what we are pledging to these bonds will be... those funds necessary to pay
off the bonds will be about. $700,000 a year.
Mayor Suarez: In this case, $700,000, of the roughly... eleven in State
Revenue Sharing?
Mr. Garcia: That's right.
Mayor Suarez: We lost Federal Revenue Sharing and that is what has kept us,
eight or nine, ten million dollars less in revenues every year since 185, I
guess, but we have not lost State Revenue Sharing, thank God.
Mr. Plummer: What does this do to us in the overall half a billion dollars
bonds that we have presently?
Mayor Suarez: Half a billion, you say?
Mr. Plummer: Yes.
Mayor Suarez: How do you figure? Oh, but you are taking all the long term
indebtedness, including equipment?
55 April 27, 1989
Mr. Plummer: I am taking all of the long term indebtedness, that is our
bonding outside of the capital. I'm taking pension also. It's an obligation
that's got to be done one way or the other.
Mr. Odio: But they are not bonds.
Mr. Plummer: OK, we are maximized at 15 percent, where would this put us?
Mr. Garcia: The 15 percent, Commissioner, applies only to General Obligation
Bonds. It is 15 percent of the assessed value of the City, which is about a
= billion five, of principal only, and we are not in, as far as General
Obligation...
Mayor Suarez: The way that came out, you kind of misstated it, it sounded
wrong. What you are saying it is 15 percent of assessed value of the City
works out to be one point five billion, 15 percent. The assessed value of the
City is almost ten billion, so 15 percent of that is one point five billion.
Mr. Garcia: That's right.
Mayor Suarez: And we are nowhere near that.
Mr. Garcia: No, we are...
Mayor Suarez: For General Obligation Bonds, we are about what, two hundred
outstanding?
Mr. Garcia: It is about $200,000,000, yes, sir.
Mr. Plummer: OK.
Mayor Suarez: OK, call the roll.
Ms. Hirai: Mr. City Attorney, it is an ordinance, it will have to be read.
Mayor Suarez: I'm sorry.
Mr. Fernandez: The ordinance was read by Commissioner Dawkins in its entirety
properly.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
10521, AS AMENDED, ADOPTED NOVEMBER 17, 1988, THE
CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, BY
ESTABLISHING A NEW PROJECT ENTITLED "HADLEY PARK -
POOL REPLACEMENT" PROJECT NO. 331349 IN THE AMOUNT OF
$2,100,000; APPROPRIATING FUNDS IN SAID AMOUNT FOR
SAID PROJECT FROM PROPOSED ISSUANCE OF CITY OF MIAMI,
FLORIDA, GUARANTEED ENTITLEME14T REVENUE BOLDS, SERIES
1989, CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Coramiscioner Dawkins and seconded by Commissioner
Plummer and was passed on its first reading by title by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Rosario Kennedy
Vice Mayor Victor De Yurre
Commissioner Dawkins read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
NOTE FOR THE RECORD: Although absent during roll call, Commissioner Kennedy
requested of the Clerk to show her voting with the motion.
56 April 27, 1989
11
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15. (Continued Discussion): EMERGENCY ORDINANCE - Waive payment of fees
charged for admission to City -owned swimming pools during summer months
(See label 2).
Mr. Fernandez: fir. Dawkins, excuse me, Mr. Mayor, I have ready for you the
ordinance that you asked me this morning to prepare for you for waiving pool
charges.
Mr. Dawkins: OK.
Mr. Plummer: Read it.
Mr. Dawkins: The Mayor wasn't here, so we have to brief him on it, he wasn't
here.
NOTE FOR THE RECORD: Commissioner Kennedy and Vice Mayor De Yurre
entered the meeting at 2:28 p.m.
Mayor Suarez: What are we waiving for whom?
Mr. Dawkins: Read it for the Mayor.
Mr. Fernandez: It reads like this:
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD, BY TITLE ONLY.
Mayor Suarez: So moved and seconded, I guess, right? OH, we need a motion
and a second.
Mr. Dawkins: Moved.
Mr. Plummer: Second.
Mayor Suarez: Call the roll on that emergency ordinance waving....
Mr. Fernandez: You need two votes.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ORDINANCE WAIVING THE PAYMENT
OF ALL FEES CHARGED INDIVIDUALS FOR ADMISSION TO ALL
CITY -OWNED SWIMMING POOLS BETWEEN THE DATES OF MAY 27,
1989 AND SEPTEMBER 4, 1989; CONTAI14IIIG A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
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 Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
57 April 27, 1989
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 P,osari.o Kennedy
Commissioner Miller J. Dawkins
Vice Mayor victor De Yurre
i Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10576.
The City Attorney read the ordinance into the public record and
J announced that copies were available to the members of the City Commission and
to the public.
Mayor Suarez: Was that ordinance drafted to include City residents...
Mr. Dawkins: Yes.
Mayor Suarez: ... only?
Mr. Dawkins: No, but we can add that.
Mayor Suarez: Was any thought given to... was there any discussion on that?
Mr. Fernandez: It did not make specific reference only to City residents.
Mr. Odio: It's not worth it.
Mr. Plummer: Shouldn't it?
Mayor Suarez: We don't need to have to go through the hassle of the
determining..
Mr. Odio: Then you have to have people at the guard house collecting...
Mr. Al Ruder: If I could just say, it is very difficult. Kids normally don't
-,1 have ID's and it is very difficult.
Mayor Suarez: All right, I've raised it and I forgot about it already. OK,
next item.
16. AUTHORIZE EXECUTION OF AGREEMENT WITH URBAN ARCHITECTS, INC. - for
professional design consultant services in connection with the Orange
Bowl Modernization Project - Phase II - to be funded by Florida League
of Cities Bond Pool Proceeds.
Mr. Odic: Please, will you take number 8, people have been here since...
Mr. Plummer: Item 8 is the Orange Bowl?
Ms. Diane Johnson: Item 8 is the Orange Bowl. What we are asking at this
time, Mayor and Commissioners, is for you to approve the design contract with
Urban Architects for the Orange Bowl Modernization Phase II. We are however,
only asking for you to approve funding for the first two phases of the design
work, which amounts to $187,000. This, if you may remember...
Mayor Suarez: What will this entail, just in general terms? I see the...
Ms. Johnson: In general terms, the first two phases will amount to an
investigative and analysis phase where they will review the entire structure
and utility meg report and in the second phase, the preliminary design phase.
They will propose solutions to that report.
58 April 27, 1989
Mayor Suarez: Ah ha., inexpensive solutions, I hope.
Ms. Johnson: Inexpensive solutions, we hope.
Mr. Plummer: I'll move it.
Mayor Suarez: Oi:, I presume that everybody has looked at number 8 and has
framed an opinion on it. and is ready to vote on it. Thank God it is not the
major expenditure that we are still having to grapple with.
Mr. Plummer: Move it.
Mr. De Yurre: Whoa, whoa.
Mayor Suarez: 8 has been moved, do we have a second? Let's get a second for
discussion.
Mr. De Yurre: I'll second it, but under discussion...
Mayor Suarez: OK, Vice Mayor De Yurre.
Mr. Dawkins: Joe Carollo is seconded to pass it again!
Mr. Plummer: Well, he took his place, what do you expect?
Mayor Suarez: I assure you that there is no comparison. Mr. Vice Mayor.
Mr. De Yurre: I have a concern because I want to knoxy where we are at with
the UM (University of Miami) especially the UM the Orange Bowl Committee also
is important, but particularly the UM, and we spoke about it yesterday when we
met at my law office.
Mr. Plummer: Well, let me answer that for you, since I head up the committee.
The UM and the Orange Bowl Committee both have committed, based on what is
being done, to a surcharge on behalf of the University of Miami, one dollar a
ticket. The Orange Bowl is prohibited by their NCC rules, that they will...
Mr. De Yurre: No, they call it something else.
Mr. Plummer: ... be calling it by a different name, but it does in fact
equate out to a dollar a ticket. Conservatively, they've dropped the numbers
down from... oh excuse me, we are also talking with both of those for an
additional 15 years. The contract, which we presently exist is to 1991 and I
think that we are talking about a minimum of 15 years additional contract to
be signed by them for the purposes of an improved Orange Bowl. Does that
answer your question?
Mr. De Yurre: Well, my concern is that if we are talking about a study and
based on the information I got yesterday, we are talking about close to
$100,000 for the study.
Mr. Plummer.: H ore.
Mr. De Yurre: More than that?
Mr. Plummer: Yes.
Ms. Johnson: Well, the study is ninety-three five and the second phase is
also ninety-three five.
Mr. Plummer: OK, I'm sorry. Two phases.
Mr. De Yurre: We're talking about the study phase one. I want to make sure
that we have a commitment in writing from UM that we are going to sign a
contract. I don't want to go ahead and spend $90,000 or $100,000 and UM is
still hanging up in the air. I am willing to go ahead and start spending
these monies, contingent on the UM signing a contract, knowing that we are
going to go ahead with the improvements.
Mr. Plummer: Victor, let me give you a little bit of comfort. This which is
being done is going to have to be done regardless on ongoing maintenance, of
which we get the monies from the bed tax. If you never do the improvements to
_�'' 59 April 27, 1989
N
the Orange Bowl, you've got to have a structural study to see what kind of
monies and where your priorities would be set as to the improvements of year
to year maintenance.
Mr. De Yurre: Yes, but the bed tax, as far as I know now is being used at the
Knight Center.
Mr. Plummer: No, not all of it, part of. it.
Mr. De Yurre: Well, how much of it?
Mr. Plummer: It varies from year to year, depending upon the needs.
Mr. De Yurre: Well, I want to know exactly what the needs are.
Mayor Suarez: What is that, the yearly take on the portion of the bed tax
that we all are referring tot I believe the City's portion is 20 percent, or
$1,200,000, roughly, and what are present uses of it, so the Commissioners
can...
Mr. Carlos Garcia: At this time most of the money is going to the Knight
Center but as Commissioner Plummer said, you know, the City has an alternative
of using that for the Knight Center or the Orange Bowl.
Mr. De Yurre: Yes, but then you've got to come up with the Knight Center,
come up with the difference anyway.
Mr. Plummer: I think...
Mr. Garcia: It is $900,000 right now.
Mr. Plummer: Yes, but I think that we used last year in improvements $550,000
of that money for maintenance and upkeep on the Orange Bowl, as I recall.
Mayor Suarez: Some years we've taken pretty significant chunks to use for the
Orange Bowl.
Ms. Johnson: We have used it in the past for the seating, the seat backs,
some of the just repairs and things like that.
Mr. Plummer: Right, I think what I am really saying to you is as you know, we
were all embarrassed the time that the concrete started falling and nobody had
done a study and nobody knew what was going on. This study would be to
prevent that from happening. They are going to do a structural study, not
only tell us where our problems are, but what is needed to be done to correct
those problems. If you then vote to go ahead with, that's the time I think
that you need, and I would demand, that a contract be signed with both
entities.
Mrs. Kennedy: So you are talking about two different things, really, the
structural. study and then the actual drawing of the plans.
Mr. Plummer: Correct.
Ms. Johnson: Preliminary drawings.
Mr. Plummer: That's all we are talking about now.
Mr. De Yurre: We're talking about then... Carlos, you wanted Phase I and
Phase II to be approved today.
Mr. Carlos Smith: We want you to award the contract to the architectural firm
and to fund Phases I and II, which is what the resolution calls for. Then...
Mr. Plummer: Well, actually this is Phase II and III because Phase I is
already been done.
Mr. Smith: Well, I mean Phase I and II of this contract.
Mr. De Yurre: Well, what is Phase I, then?
60 April 27, 1969
Mr. Plummer: Phase I was the redoing of the press box. It's been done and
it's paid for.
Mr. De Yurre: too, but I rim talking about...
Mayor Suarez: That's history, what does this entail now that you are asking
us beyond the studies to approve?
Mr. Plummer: Nothing.
Mayor Suarez: Just the studies?
Mr. Plummer: Studies.
Mayor Suarez: For phase, what you call Phase I and Phase II.
Mr. Plummer: Right.
Mrs. Kennedy: And the contract has provisions with the architect that we can
withdraw at any given time, correct?
Mr. Plummer: That's true, 30 days.
Mrs. Kennedy: Yes.
Mr. Carlos Smith: That is correct. At any point in time we can terminate the
contract with no penalty.
Mr. De Yurre: What was the other item that I wanted in there, in the contract
to be taken out, the fact about the project manager having the OK?
Mr. Smith: That is correct.
Mr. De Yurre: That's out? The City Commission is to OK the...
Mr. Smith: If you want it that way, then we will change the contract to do
that. We have not yet changed the contract.
Mr. De Yurre: OK, because the thing is I don't want no project manager going
ahead with Phase II without the City Commission approving that Phase II be
expensed.
Mr. Plummer: How well I remember what happened to us at the Dinner Key
Auditorium when we allocated $5,000,000 to make improvements and then found
out at a subsequent date afterwards that we had to spend $2,000,000 to fix it
up before we could start to spend the five.
Mr. Smith: Well, Vice Mayor, in...
Mr. Plummer: And I Lm very, very much cognizant of that and it is not going
to happen here as long as I am ,.;it:ting on the com ,iti:ee.
Mr. De Yurre: But it's part of the cont.ra.ct right now.
Mr. Smith: Let ne, bec�iu e I understiand what you... eve had a ineeting
yesterday, but met yesterday afternoon with the architects and the primary
users of the stadium and we feel like it would be better all around to fund
the first two phases and then come back to the Commission with a report on the
structural analysis of the stadium and then the solutions and the preliminary
design of improvements for approval, the whole package for approval to the
Commission and at the same time, we would expect to be coming back then also
with the agreements with the two major users...
Mayor Suarez: Without signing them.
Mr. Smith: Of course.
Mayor Suarez: Thank you, because there is a policy decision, obviously, which
has to do with future uses of the facility and I think what use are doing now
is conceivably, an expenditure that we don't need to spend right now, but more
likely an expenditure that we'll make in any event and that has to play in
with the future uses of that facility. If by any chance, we were to decide at
some point that it made more sense to tear it down or rebuild it, that's...
61 April 27, 1989
Mr. Smith: Mr. Mayor, again, all we are asking you to do is to fund the first
two phases.
Mayor Suarez: I am putting those things in the record because I think they
belong in the record, not asking you Fny questions.
Mrs. Kennedy: t;r. Mayor, I had Fsked Max Cruz some time ago to look at the
possibility of doing R Hall of Fame. Max, can you give me any report of that?
Mr. Max Cruz: We have met with the Orange Bowl Committee and it was discussed
yesterday in a meeting with the architect and the Orange Bowl Committee and
the Orange Bowl Committee is interested in looking at the architect when they
start construction to see where at the Orange Bowl the project would fit in
and the cost of the project at that time.
Mr. Plummer: Which project:
Mr. Cruz: The Hall of Fame for the Orange Bowl.
Mr. Plummer: You know, that upsets me. I told Mr. Barker, I told Mr. Barker
not to bring that up at this particular time. He promised me he wouldn't.
Mrs. Kennedy: Well, he didn't, I did.
Mr. Cruz: He did not.
Mr. Plummer: No, no, that is not the point. I didn't want to confuse the
issue. That is something that is to be decided at a later time that they
would fund...
Mrs. Kennedy: Right.
Mr. Plummer: ... and it would not be a part of the City's overall project and
to me that is going to confuse the issue by...
Mr. Dawkins: What happened, Mr. Bailey, why they got you... this is the first
time I've seen you sitting up there, they needed some color?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Dawkins: Oh, OK, I mean I've been here for eight years, this is the first
time I've seen it.
Mr. Plummer: Cesar got a sunburn at lunch time.
Mr. Cruz: Commissioner...
Mr. Plummer: Anything is an improvement for Cesar!
Mr. Cruz: Commissioner Plummer, the Orange Bowl Committee did not bring the
matter up as adding to the construction, or joining in the construction. They
just...
Mr. Plummer: I told them to bring it up to the committee of which you serve
on, not to this City Commission, OK? I got a good memory.
Mayor Suarez: One little question, how are we doing on the painting of the
Orange Bow17 fiery minor compared to your great grandiose ideas of
restructuring and putting towers around the corners of it and all of that.
I've heard from constant users and I am sure Tom Wood back there is wondering
about the same thing. How are we doing on the painting of it? I haven't seen
it? Has there been a new coat of paint added to the Orange Bowl in a while?
Mr. Cruz: You know that the painting is almost an all year around project and
we are presently painting at the Orange Bowl, and we're presently buying more
paint to continue the painting.
Mayor Suarez: Are you sure you are using the right kind of paint and the
right kind of painting contractors?
62 April 27, 1989
Mr. Cruz: Yes, we are. Yes, Mayor, we are doing it and it will be painted by
the time of the...
Mayor. Suarez: You might do a little square somewhere that you do yourself and
I'm serious about this, Pax, jt.�st make little area that nobody can see and you
just do it yourself and see how that lasts in comparison to whatever the hell
it is that they are using and see hou- it stands, you know. That's how they
test the paint, there is no other particular way.
Mr. Cruz: We are requesting volunteers, Mayor.
Mr. Plummer: Max is busy taking care of the sea cows.
Mayor Suarez: No, I was thinking of you doing it. Just a little square,
just a little test square, it's not as funny as it sounds. Now, I know why I
have an opponent in the Mayoral campaign.
Mr. Plummer: Jack is in the paint business.
Mayor Suarez: We have another former mayoral candidate back there, Jim
Angleton, maybe will join the fray. Anything else on this item?
Unidentified Speaker: Join the parade.
Mayor Suarez: The fray!
Mr. Plummer: Call the roll.
Mayor Suarez: Call the roll on item 8. Mr. Vice Mayor, you OK on it?
Mr. De Yurre: Well, hold it, hold it. We're clear that you want funding,
approve the funding for Phase I and Phase II. You can expense Phase I, you
can't go into expending the money funded for Phase II until the City
Commission approves it at a future date.
Mr. Plummer: That is correct.
Mr. De Yurre: And you are pulling out the project manager's requirement that
he can go ahead and approve it? It has to be City Commission approving the
actual expensing of the funds appropriated or allocated to that Phase II.
Mr. Odio: OK.
Mr. De Yurre: OK?
Mr. Plummer: Just Victor, for you information, the funding is definitely
going to have to come from bonds and that definitely has to be approved by the
Commission.
Mr. De Yurre: And additionally, also, that the costs maximum is $16,000,000
including paying off the $2,000,000 plus that exists at this print in time.
Mr. Plummer: That is correct.
Mr. Smith: Yes, that's correct.
Mr. De Yurre: OK.
Mayor Suarez: Call the roll on item 8.
■
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-393
A RESOLUTION WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND URBAN
ARCHITECTS, INC. FOR PROFESSIONAL DESIGN CONSULTANT
SERVICES FOR THE ORANGE BOWL MODERNIZATION PROJECT -
PHASE II, AT A TOTAL FEE TO THE CONSULTANT IN THE
AMOUNT OF $935,000, WHICH AGREEMENT CONTAINS A
PROVISION FOR THE TERMINATION OF DESIGN SERVICES AT
SUCH TIMES AS MAY BE DETERMINED BY THE CITY OF MIAMI,
ALLOCATING FUNDS FOR PHASES I AND 2 OF SAID DESIGN
SERVICES, THE INVESTIGATIVE ANALYSIS AND PROGRAM PHASE
AND THE SCHEMATIC DESIGN PHASE, RESPECTIVELY, IN THE
AMOUNT OF $50,000 FROM THE ORANGE BOWL ENTERPRISE FUND
OPERATING BUDGET AND IN THE AMOUNT OF $137,000 AS A
LOAN FROM THE DOWNTOWN PEOPLE MOVER EXTENSION PROJECT
DEPOSIT, PROJECT NO. 371001 TO BE REPAID IMMEDIATELY
UPON RECEIPT OF FUNDS FROM THE FLORIDA LEAGUE OF
CITIES BOND POOL PROCEEDS, FOR A TOTAL OF $187,000;
DIRECTING THAT THE CITY COMMISSION BE GIVEN THE
OPPORTUNITY TO REVIEW AND APPROVE THE FINDINGS OF
DESIGN PHASE 1 PRIOR TO THE START OF DESIGN PHASE 2;
FURTHER AUTHORIZING THE CITY MANAGER TO DIRECT THE
CONTINUATION OF DESIGN CONSULTANT SERVICES UNDER SAID
AGREEMENT AS ADDITIONAL FUNDING IS APPROVED AND
BECOMES AVAILABLE.
(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 Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: I want to express, as long as Tom is here, that there is a new,
I guess you are taking over as chairman of the Orange Bowl Committee? - and
Tom Wood, we're happy to see somebody who is as accessible and eager to come
and speak to Conunissioners as you have been and I want to recommend to any
Commissioner that may not have met with you that they do so. I think it marks
a whole new approach from what I have been able to perceive and no disrespect
to the prior chairman, but you know, a lot of common sense and accessibility
and people not calling me from those kinds of clubs that exclude some of the
members that are on this dais is here and you know, just a much more
progressive era, hopefully for the Orange Bowl Committee. We are happy to
work with you.
64 April 27, 1989
------------------------------------------------------------------------------
17. DISCUSSION 114 CON1,ECTION WITH: (a) SCOREBOARD AT ORANGE BOWL, AND (b)
INSTALLATION Of THE CITY HALL SIGN.
Mr. De Yurre: Well, if we can wrap up a second on...
Mayor Suarez: Yes, what you say is signage problem?
Mr. De Yurre: We have a question on...
Mayor Suarez: You are not going to put her picture on any of those signs are
you?
Mrs. Kennedy: No, I just want a status report of what is happening. I've
been asking the Manager, he says that it was tied up with that.
Mr. Odio: The deal with the scoreboard, would not happen until we do the
Orange Bowl.
Mr. Plummer: Well, let me interject something here. The scoreboard has not at
this particular time, gone out to competitive bidding.
Mayor Suarez: Why not?
Mr. Plummer: Well, there has been no need for it. If you don't improve the
Orange Bowl, you don't need the scoreboard.
Mayor Suarez: This is the self supporting scoreboard that wasn't going to
cost us anything. I would have thought that we'd go out for bids right away.
Mr. Odio: Commissioners, you approved, the Commission approved the
scoreboard.
Mr. Plummer: In principle, OK, but as far as I'm concerned, that thing has
got to go out for competitive bidding.
Mrs. Kennedy: But Diane is shaking her head. Do you want to say anything on
the record, Diane?
Mr. Plummer: Well, it's not history, let me tell you why. They are giving
you a freebee. That's what their contention is, based on certain criteria.
One of the criteria, Mr. Manager, tell this Commission honestly, how much is
it going to cost the City of Miami to put everything in place for this
freebee?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: No, no, tell me.
Mr. Odio: I don't know.
14r. Plurnrner: You better find out, because you are talking about near
$500,000, electrical, foundation, all of that. No, it is not part of the
deal.
Mr. De Yurre: Well, it better be part of the deal.
Mr. Plummer: No, no, it is not! Now, how does this Commission equate not
going out to competitive bidding? This is not a sole source.
Mrs. Kennedy: No.
Mr. Max Cruz: Commissioner, the...
Mr. Plummer: It was my understanding when that matter was brought here by
Commissioner Kennedy, in reference to the sign in Bayfront Park, OK?... that
that was the discussion that we had.
65 April 27, 1989
abk
Mr. Odio: The deal was made up when the Orange Bowl went out and negotiated
an agreement with a scoreboard system that at the same time, based on...
Mr. Plummer.: That was solely so the committee could get an idea of what it
was costing.
Mr. Cruz: It vas accepted.
Mr. Odio: No sir, the City Commission approved that.
Mr. Cruz: The City Commission approved and accepted...
Mr. Odio: Not only that, but it was tied to the Orange Bowl Renovation. The
scoreboard people would not put a new scoreboard in there unless we renovated
it and when we started renovations, you would get a sign at the Bayfront Park
here at Dinner Key and one at the Marine Stadium and one at the Knight Center.
Mr. Plummer: Without any addition?
Mr. Odio: In exchange for advertising and we wouldn't have to pay a penny.
The only thing we have to pay for is electricity.
Mr. De Yurre: No, one at the corner of the Orange Bowl at 17th and 7th.
Mr. Odio: That's right.
Mr. De Yurre: Not the Knight Center.
Mr. Plummer: But I still... Mr. City Attorney.
Mr. Fernandez: Yes, sir.
Mr. Odio: Oh, I think we switched that, I remember that.
Mr. Plummer: How could you...
Mr. Odio: We need to get the minutes of that.
Mr. Plummer: How can this City do such without going out with bidding to the
public? I don't know how you can do it.
Mr. De Yurre: Well, get legal opinion one way or the other.
Mr. Plummer: All right, let me ask him if it is legal.
Mr. Fernandez: If it is a donation, all you need to do is sign...
Mr. Plummer: It is not a donation, it is a money making device and they are
not coming here with you know, a free lunch.
Mr. Fernandez: I'm going to have to look...
Mr. Plummer: I'm asking a simple question. Is this Commission empowered to
go out and deal with an individual excluding all others from having the
opportunity to come in and make such a presentation?
Mr. Fernandez: As a general rule, no.
Mr. Plummer: That's all I'm asking! Is it legal to do it. Are you the City
Attorney?
Mr. Fernandez: I do not know all the facts concerning this scoreboard.
Mr. Plummer: Will you please find out?
Mr. Fernandez: I certainly will.
Mr. Plummer: Because I'll tell you something, if we got a good deal here,
I'll bet you there are others out there that will give us a better deal, OK?
And Mr. Manager, before we go discussing the scoreboard again, I want you to
come back to this Commission and you tell me, under the contract which I saw,
the amount of money that is going to have be expended by this City, not for
66 April 27, 1989
the energy or the electricity to run them, but the monies for the purposes of
putting in foundations, electrical supply and all of that, it is expensive.
As a matter of fact, Florida Power and Light will tell you and I don't know
why I got to tell you these things, Florida Power. and Light is going to tell
you that you gotta...
Mr. De Yurre: Because you've been here for 20 years and you know everything
there is to be known.
Mr. Plummer: You've got to change your entire volt system in Bayfront Park to
accommodate this thing. You've got to change the entire volt system in the
Orange Bowl and buddy, it's not going to be cheap, 0K7 Now, all I am saying
to you, I would feel a hell of a lot better if we got one proposal, that we go
out and see if there isn't a better proposal out there and I'll bet you there
is.
Mr. De Yurre: Look, Tom Wood, I am sure he'll say the Orange Bowl Committee
will pick up whatever cost there is and take care of it.
Mr. Plummer: Tom, you better not speak.
Mrs. Kennedy: You don't want the floor!
Mr. De Yurre: Well, my concern is the Bayfront Park sign, if that is still
alive or where we're at with that.
Mrs. Kennedy: Very much alive.
Mr. Plummer: If in fact the improvements are made. They are not going to go
in if the improvements are not made.
Mr. De Yurre: Well certainly, but my understanding was from what they told me
yesterday that the Bayfront Park sign was out, and that wasn't what I thought
to begin with, so I just wanted to, on the record to clear that up.
Mr. Plummer: Well, the Bayfront Park Trust is making so much money, let them
buy their own.
Mrs. Kennedy: Oh yes, he can be a good samaritan.
Mayor Suarez: How are we doing on the City Hall sign, is that going to be
part of the completion?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mrs. Kennedy: Make sure.
Mayor Suarez: And I see the renovation proceeding fairly quickly and getting
pretty close to its completion, but we still don't have a sign for City Hall,
so I presume somewhere within the next few months before the ASTA(American
Society of Travel Agents) convention... there was supposed to be a grant, it
was supposed to be a gift from Continental Companies, Woody Weiser, Grand Bay.
Mr. Plummer: That aas...
Mayor Suarez: If you want me to...
Mr. Cruz: Commissioner, right now the City Attorney has copy of the proposed
contract with the sign company, being reviewed by Mr. Suarez -Rivas, the review
was finished, was mailed back to the sign company attorney and they are
talking on the phone on the wording of the contract for the scoreboard.
Mr. Plummer: What? The scoreboard in the Orange Bowl?
Mr. Cruz: It has already been discussed with the City Attorney.
Mr. Plummer: Well, I'm telling you that I think if we do that, we are damn
fools, OK? Now, you might have it on the record that we've made a commitment,
but I still say that that thing should go out as an open bid to the general
public, which it did not, it did not, and I think we must have the opportunity
under our competitive procedures to have other bids come in. How do you know
that's the best deal if you don't have anything to compare it to?
67 April 27, 1989
Mr. De Yurre: I'm sure they can make a better deal, but hey!
Mr. Plummer: Well, why have they got an exclusive on it7 When we originally
in the committee spoke about scoreboard, we asked the staff to go out and try
to get us some numbers and some ideas as to what. This company was nice
enough to come back and give us those numbers with a proposal. Now, for some
reason, this company is being locked in as the only. It don't make any sense.
Mr. De Yurre: Cesar., get me the minutes on that item whenever it. happened.
Mrs. Kennedy: He's getting them.
Mr. Odio: I will because if I have to go back in history, the director
negotiated with two or three companies and this particular company that it was
approved, donated all the scoreboards in exchange for the advertising, and
that's why it was the best deal at the time. Now, I am sure now maybe we can
get another deal, I don't know. But at the time, three companies were
contacted and it was approved here to go ahead and accept the donation of this
company. This is free and clear, we don't pay one dollar for any of those
scoreboards. Now, if you want to have a better deal than that, I am sure that
it might be better.
Mr. De Yurre: Well, just get the minutes so I know where we are at.
Mayor Suarez: And one other question on that, just a clarifying question, is
the contract that has been drafted and not signed, does it hinge on our
signing additional years with the Orange Bowl Committee and the Orange Bowl?
Mr. Plummer: Oh, and you have the improvements.
Mr. Odio: Let me explain, Mr. Mayor, the advertising that they wanted was the
Orange Bowl. In negotiations with them, I said, look, you want the Orange
Bowl, then you have to give us the Knight Center, the Bayfront Park, this one
here, the...
Mayor Suarez: That wasn't my question. Presuming that we are talking about
the Orange Bowl. Does it hinge on University of Miami contract, long term
contract, that Orange Bowl Committee be...
Mr. Odio: Yes.
Mayor Suarez: So therefore, there is one important condition to be met before
that contract becomes executory, so we're...
Mr. Plummer: Two years off.
Mr. Odio: Yes.
Mayor Suarez: All right, nothing to argue about.
Mr. Odio: That's right.
Mr. Cru•z.: I1r. Mayor, if I might add, the scoreboard company, realizing that
they could not wait anymore for the signature, of the contract with the
University of Idiami, they are going to go ahead and start now, construction so
it will be ready for the first U11 game of the season in September and that's
why they are getting all the paperwork, all the documents and everything ready
to start constructing the scoreboard now, so it won't go against time coming
to the football season.
Mr. Plummer: I don't agree with that, Max. If this thing hasn't gone out for
competitive bidding, this City of Miami is making a serious mistake, a serious
mistake!
68 April 27, 1989
13
-------------------------------------------------------------------------------
18. GRANT REQUEST RECEIVED FROM GREATER BISCAYNE BOULEVARD CHAMBER OF
COMMERCE TO APPROVE FLOOR PLANS FOR POLICE MINI -STATION IN LEGION PARK.
Mayor Suarez: Item 1.6.
Mr. Plummer: Excuse me, what item are you here on Jim, 167
Mr. Jim Angleton: For the record, I'm Jim Angleton, the president of the
Greater Biscayne Boulevard Chamber of Commerce. I am here today to make two
requests. One is for the Commission to approve the plans for the police
substation in Legion Park. We have our architect with us today, Amaro
Taquechel. He has the floor plans with him, they were reviewed Lt. Longueira
of the Police Department, which has approved those plans.
Mayor Suarez: What's holding up all of this is that there are two theories of
how to proceed. One is for the City to do it and one is for the organization
to do it. If the City does it, the City probably feels that it does not have
enough money to build it, right?
Mr. Angleton: No, we have a bid of $69,175 to build the building.
Mayor Suarez: You think that if we give it to the organization that you can
build it?
Mr. Angleton: Yes, sir.
Mayor Suarez: And you want the Commission to approve your doing it.
Mr. Angleton: Yes, sir, under the super...
Mayor Suarez: And the Manager is saying, why not, let him try it.
Mr. Angleton: Under the supervision of Lt. Longueira, he holds the funds.
Mayor Suarez: Ah, you've got to bring Joe into this. What do you recommend,
Lieutenant, can they do it?
Lt. Longueira: If they do it the way Domino Park was done, they can do it.
If you give it to me to do, I've got to go through Public Works, we've got to
go competitive selection for architects...
Mayor Suarez: Oh, no, no. Domino Park is a good model to use. It is an
authority or an agency outside the City with all its...
Lt. Longueira: Right.
Mayor Suarez: It's fine with me.
Lt. Longueira: So, we can work with them, that's no problem, we have been
working all along, we don't have a problem with the conceptual design and all
of that is fine.
Mayor Suarez: Any problems with the Commission?
Mr. Plummer: The only question I have is, is the contractor willing to put up
a performance bond? - guaranteed performance bond, that they can do it for
that amount., not to exceed that amount.
Mr. Angleton: For the actual construction? This is...
Mayor Suarez: Let me interject that I don't know if that expenditure makes
sense because it will cost money for them to put that up and we have an
exclusion, I think, for any contracts under... we're up to $200,000, I think,
two hundred for a performance bond. I mean, I... it is such a small item...
Lt. Longueira: Mayor, the only thing, it doesn't...
69
April 27, 1989
Mayor Suarez: Well., i.f he... I'm sorry, let me just mention that if he
willing to put up a bond, he is probably bondable for that amount..
Mr. Odic: Commissioner, if they cannot finish with that money, they put the
difference, we don't have to be involved.
Mr. Plummer: {,tell, if that is understood, that's fine.
Mr. Angleton: No, what we will agree is we'll furnish it, we'll furnish the
building, but this does not include any site work that has to be done in the
park.
Mr. Plummer: But I am talking about actual construction, a guaranteed price
and a completed project to the CO (certificate of occupancy) for that amount
of money, and they'll put up a performance bond.
Mr. Angleton: Yes.
Mayor Suarez: Right, he's bondable to that amount, obviously, and probably
about 15 or 20 times more than that. OK, Commissioners, anything further on
this, with that proviso?
Mr. Plummer: Do we have a design, I haven't seen... has anybody seen the
design?
Mr. Jim Angleton: This is Mr. Taquechel, our architect.
Mr. Plummer: And how many square feet is it?
Mr. Angleton: 1,250 square feet. He ran out of the office and...
Mr. Plummer: We don't have a rendering?
Mr. Angleton: We had one, but he ran out of the office without it.
Mr. Plummer: Has anybody seen the rendering? Is it pleasant to view or does
it look like a box?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Angleton: It's keeping in.... Nora Schaeffer, who's the Morningside,
we've been working together with her.
Mr. Plummer: OK, we're not going to hear from the public that we put up a
cracker box.
Mr. Angleton: You'd be very proud, Commissioner.
Mr. Plummer: What do you mean you don't believe, yes, or no?
Unidentified Speaker: No.
Mr. Plununer: OK.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Last question. That includes air conditioning?
Mr. Angleton: Yes.
Mr. Plummer: OK.
Mayor Suarez: I entertain a motion on the item.
Mr. Plummer: So moved.
Mr. De Yurre: Second.
Mayor Suarez: Seconded. Any discussion, call the roll.
70 April 27, 1989
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 89-394
A MOTION GRANTING REQUEST RECEIVED FROM
REPRESENTATIVES OF THE GREATER BISCAYNE BOULEVARD
CHAMBER OF COMMERCE TO APPROVE FLOOR PLANS FOR THE
POLICE MINI -STATION TO BE LOCATED IN LEGION PARK, WITH
THE FULL UNDERSTANDING THAT THE GUARANTEED PRICE FOR
ACTUAL CONSTRUCTION SHALL NOT EXCEED THE AMOUNT OF
$69,175, AND THAT A PERFORMANCE BOND SHALL BE POSTED
FOR SAID PROJECT.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Plummer: Mr. Angleton, sir, you met with me two days ago. I told you at
that time, that I was unable to attend that meeting last night because I had
to work. Obviously you did not spread that word up there last evening.
Mr. Angleton: Oh no, I can't speak for you. What I said was that... but I
didn't say this publicly, I said it privately, that you know, the President
was in town, and the Commissioners and the Mayor were...
Mr. Plummer: Excuse me, he's the Republican, I'm the Democrat. I don't go to
the airport, I wasn't invited. Now...
Mr. Angleton: Tell me what to say and I'll get the word out.
Mr. Plummer: What was said publicly at that meeting was, everybody get on the
phone and call Plummer.
Mayor Suarez: Why do you have to keep misstating my lack of affiliation?
Mr. Plummer: It depends on what appointment you are going for!
Mayor Suarez: It depends on what appointment I'm looking for, of course!
Mr. Plummer: Well, Mr. Mayor, you know once again we'll be glad to inform you
that we'll be glad to kiss your elephant if you'll kiss our, ah...
Mrs. Kennedy: Donkey!
Mr. Plummer: Donkey.
Mr. Angleton: Commissioner Plummer, there was nothing but nice words said last
night. They were asking me if you supported it and I said, yes, that's all I
said.
Mayor Suarez: Did we call the roll, Madam City Clerk before we get into the
issues of kissing parties and all of that?
Ms. Hirai: Yes, we did.
Mayor Suarez: Very good. Go sin no more.
71 April 27, 1989
-----------------------------------------------------------------------------
19. FIRST READING ORDINANCE: Amend 10459 - Require that Miami Waterfont
Advisory Board be informed of issues concerning major development and/or
disposition of City --owned waterfront property at same time or before
other committees.
--------------------------------------------------- ------------------------------
Mayor Suarez: Item 5 was the Waterfront Board change in its, I mean the
ordinance that would call for every item to go before the Waterfront Board
that affected the City, we make the requisite, required recommended changes,
did we not, Mr. City Attorney?
Mr. Fernandez: Yes, sir, we did, in consultation with staff.
Mayor Suarez: So that it now requires only that the item goes before the
Waterfront Board if it affects directly a long term lease or something, not
just. any City property right next to the water.
Mr. Fernandez: That's right, not just any. It has to be a major development
or disposition of City owned waterfront property.
Mayor Suarez: All right, with that proviso, I entertain a motion.
Mrs. Kennedy: Before we move it, does Planning have any objections?
Mr. Fernandez: I don't... no, Planning?
Mrs. Kennedy: Guillermo? Sergio, somebody?
Mr. Plummer: He's saying it's first reading. He'll get you an answer before
second.
Mrs. Kennedy: OK, so moved.
Mayor Suarez: Thank you!
Mr. Dawkins: Second.
Mayor Suarez: Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING NO. 10459, ADOPTED JULY 14,
1988, WHICH ESTABLISHED THE MIAMI WATERFRONT ADVISORY
BOARD, BY REQUIRING THAT THE BOARD SHALL BE INFORMED
OF ALL ISSUES CONCERNING THE MAJOR DEVELOPMENT AND/OR
DISPOSITION OF CITY-Oj,'NED WATERFRONT PROPERTY FOR ITS
INPUT AND ADVICE AT THE SAME TIME OR BEFORE OTHER CITY
COMMITTEES OR BOARDS ARE INFORMED OF SAID ISSUES;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; PROVIDING FOR INCLUSION IN THE CITY CODE.
Was introduced by Convaissioner Kennedy and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
72 April 27, 1989
Mr. Plummer: Wait a minute, Mr. Brennan, two things. Are all of the members
of that board attending the meetings?
Mr. John Brennan: No, we've got one with a very bad back. Aside from that,
yes.
Mayor Suarez: well, that's medical reason. That excuses, if he...
Mr. Plummer: That's a legal excuse. Second of all, we keep reading all of
this different garbage in the paper. Can you give this Commission an idea
when that board will... well, that's a different board, isn't it? I'm sorry.
While you're here, when will this Commission expect to receive the
recommendations of the committee on Merrill Stevens?
Mr. Odio: Nothing to do with that.
Mr. Plummer: Yes, he does.
Mr. Brennan: I don't.
Mr. Plummer: Well, there are those who he say he had nothing to do with it,
but he's chairman.
Mr. Odio: No, because it hasn't come out of the other committee.
Mr. Plummer: What other committee?
Mr. Odio: There is a committee.
Mr. Plummer: He's chairman, Mr. ...
Mr. Brennan: I'm the chairman.
Mr. Plummer: Mr. Odio, this is Mr. Brennan. Mr. Brennan, this is Mr. Odio.
Mr. Odio: No, I thought you were talking to the Waterfront Board.
Mrs. Kennedy: Waterfront, no, no.
Mr. Plummer: May I ask when this Commission can expect a recommendations of
that committee. I'm not pressuring you, I'm just asking.
Mr. Brennan: A week from Monday we will take a vote. Within... the following
Tuesday, we will have a letter prepared for the approval of that committee and
then it will be presented to the City Manager, that day, the next day,
whatever.
Mr. Plummer: All right, so you are saying somewhere around the loth of May,
the 9th of May?
Mr. Brennan: Yes, sir.
Mr. Plummer: That we can expect they will be your recommendations to this
Commission?
Mr. Brennan: Yes, sir.
Mr. Odio: No, to me.
Mr. Plummer: No, sir.
Mr. Dawkins: I thought we were getting with the Waterfront Board to cut out
some of the bureaucracy? I thought we were going to refer this to the
Waterfront Board to disburse with some of the bureaucracy and now you just
laid three more layers of it!
Mr. Plummer: But you receive them the same time we do. Why?
Mr. Fernandez: He receives them first. That's the way it says in the Charter.
Mr. Brennan: No, I was appointed to the Select Committee and I am... I've got
two hats on right now. I could talk as the Select Committee...
73 April 27, 1989
Mr. Plummer: You have not that choice.
Mr. Dawkins: Well., I don't want to know about the Select Committee, I want to
know about the Waterfront ?oard making e. recommendation.
Mr. Fernandez..: Yes, he does. You have the choice of rejecting his and
accepting the committee.
Mr. Plummer: He has the choice of rejecting bids, not rejecting their
advice....
Mr. Brennan: The Waterfront Board will make a recommendation at about the
same time the Select Committee will.
Mr. Dawkins: So we really didn't cut out no steps, we just...
Mr. Plummer: What good is our system7
Mr. Brennan: I didn't make the rules. I'm trying to work within the rules,
Commissioner, honest.
Mayor Suarez: We could someday I suppose, instead of having a Selection
Committee, decide to rely on the Waterfront Board solely for recommendations
on something like that. God help us. I mean....
Mr. Brennan: That would be down the road and we'll try to work things out,
yes.
Mr. Dawkins: OK.
Mayor Suarez: OK. It's been moved and seconded.
Mr. Plummer: Well, I'm sorry, what's the motion?
Mayor Suarez: It's the ordinance, it's the change so that matters will go
before the Waterfront Board...
Mayor Suarez: Oh, I thought we already voted, I'm sorry. Didn't we vote on
that?
Mayor Suarez: No, we didn't, you asked him about other questions. Are we set
on that?
Mr. Plummer: Didn't we vote on five? I asked after the vote was taken, I
thought.
Mr. Fernandez: Yes.
Mayor Suarez: Thank you, John.
74 April 27, 1989
20. ACCEPT PLAT: "HORTA SUBDIVISION".
Mayor Suarez: Item 9.
Mr. Dawkins: Move it.
Mayor Suarez: Item 9 has been moved.
Mr. Plummer: Second.
Mayor Suarez: Seconded, any discussion? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 89-395
A RESOLUTION ACCEPTING THE PLAT ENTITLED "HORTA
SUBDIVISION", A SUBDIVISION IN THE CITY OF MIAMI; AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND
ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING
THE IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS
UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AND
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY
CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE
RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
-------------------------------------------------------------------------------
21. DISCUSSION BY MR. HOWARD FEINBERG, (COCONUT GROVE STREET MERCHANTS
ASSOCIATION) - requesting amendments to street vendor ordinance.
-----------------------------------------------------------------------------------
Mayor Suarez: Item 10, Howard Feinberg, Coconut Grove Merchants' Association.
This is you want more locations, is that what... for the carts or pushcarts?
Mr. Howard Feinberg: We don't really rant more locations.
Mayor Suarez: Why don't you go ahead and put your name in the record and
address, Mr. Feinberg.
Mr. Feinberg: Howard Feinberg, 3230 Gifford Lane, Coconut Grove. I spoke
with Maggie Cordovi in the Planning Department and Mr. Maxwell and all I'm
going to really ask for is two people in five of the locations where the
extended...
Mayor Suarez: Oh, OK, you are adding...
Mr. Feinberg: ... where the extended sidewalks allowed.
75 April 27, 1989
Mayor Suarez: You are adding pushcarts to locations already predetermined in
the statute?
Mr. Feinberg: That's right.
Mayor Suarez: You just va.nt two in five different areas instead of one.
Mr. Feinberg: That's right.
Mr. Plummer: What?
Mrs. Kennedy: Adding how many?
Mayor Suarez: To have five locations where instead of having just one
pushcart, they want to be able to have two, one next to the other.
Mr. Feinberg: Right. There are ten locations, but only five are large
enough, that the Planning Department said were large enough to have two
people.
Mr. Plummer: Well, why would we do that? One of the reasons we imposed the
ten was to keep down and keep the pedestrian flow going and that was the
design and the intent. We cut down from any number of them to the ten!
Mayor Suarez: Well, some of us felt that we didn't necessarily need that, I
mean the idea of specifying what these pushcarts should look like and all of
that, was intrusive enough without in addition to that having to restrict the
allocations. He is only proposing five more pushcarts all together. There's
ten now, well, there's...
Mr. Feinberg: That's right. There's ten locations and...
Mayor Suarez: Now you are talking about the same number of locations and five
more pushcarts.
Mr. Feinberg: Exactly, and... that's right.
Mr. Plummer: No, no, no, that not the way I understand it.
Mayor Suarez: Yes, because it is five in places where we already have one.
Mr. Feinberg: Yes.
Mayor Suarez: So there is ten locations now with one each?
Mr. Plummer: There would still be ten carts total.
Mayor Suarez: No, there would be 15.
Mr. Feinberg: There would be... it ,.ould be possible for there to be 15.
Mayor Suarez: It C ould be allowcd to have 15, because five of them would
allow two, that's i;=hat he is saying.
Mr. Plummer: Lnd vha.t do you ell from; your cart?
Mr. Feinberg: Hand made jewelry.
Mr. Plummer: Hand made jewelry. Is there not jewelry sold in the Grove that
he's in competition with?
Mr. Feinberg: Not the same kind of jewelry. The idea of asking for the five
more spots was because when you have only one vendor in a location, it creates
a situation where I mean, you know, where you can't even leave to relieve
yourself, or perhaps to get something to eat. You know, it is for that reason
more than anything else.
Mayor Suarez: You know, this was totally unrestricted before. Let me also
add that the newspaper boxes, we have not been able to control, they are
everywhere, five, ten of them and...
76 April 27, 1989
0
LA
Mr. Plummer: But we were told, Mr. Mayor, by our City staff, that those boxes
were going to be confiscated. Now, I'd like to know why... do we have a
Manager?
Mr. Odio: Yes, sir.
Mr. Plummer: Why, after Mr. Manager, you told us that newspaper racks that
were more than what was allocated on a given location where going to be
confiscated. They have not been confiscated.
Mr. Stahl: Mr. Plummer, that's item number 22 on your agenda.
Mr. Rodriguez: No. Let me go first to the first issue, if you don't mind,
the issue of the vendors. The issue of the street vendors that you were
discussing before. When we agreed, together with the merchants of Coconut
Grove, to the ten locations, it was after a very long, long process, as you
know, and that's where we stand at this point. If you want to make a policy
decision to increase that, we can look at that again, in some cases they are
in conflict with sidewalk cafes, but what I am trying to tell you with this,
that was a very long, long, process in which it was agreed on finally and I
think Mr. Ted Stahl might want to address that issue. In relation to the news
stand, I believe in the Coconut Grove townhall meeting the other night, you
were advised by the Law Department that there was an issue of the first
amendment involving them and then what you asked us to do, you asked us to
look at those that were in bad shape, that were scratched and that were badly
maintained and so on and...
Mayor Suarez: And those that the chains affect trees or other City property
that they are attached to and start destroying those, that's another important
issue that we are supposed to be looking at.
Mr. Plummer: Yes, I have no problem...
Mr. Rodriguez: Those were mentioned, in a meeting were mentioned by Mr.
Stahl, I believe, that we were doing a good job with those, the ones that were
attached to public property and I think he congratulated Mr. Lowman at that
point, saying that he had done a good job with that. We have some of them,
which are in bad shape, that are scratched, they are badly handled, those, you
asked us to look at them individually and decide which one we could ask them
to be removed.
Mr. Plummer: OK, my problem is not the first amendment problem of their right
to sell newspapers. My problem is that on those racks, besides the name of
the identification of the newspaper itself, they are selling all kinds of
commercial space, which I don't consider to be part of the First Amendment.
Now, you know, if they are going to in fact, sell commercial space even to
themselves, then I don't think that we should... I think we should be getting
revenue out of it. Now, I, you know, how long are we going to play this thing
out? Hello, is there anybody home?
Mr. Stahl: Mr. Plummer, did you ever get your legal opinion about the news
racks, or about the First Amendment, about real estate? You did? - because we
haven't.
Mr. Plummer: I'm saying, when are we going to get these racks removed?
Hello?
Mr. Rodriguez: I would remove them and...
Mr. Plummer: Will you accept a collect call?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Fine, there's legal questions for two years. When in the hell
are they going to get resolved?
Mr. Stahl: Five years.
Mr. Plummer: I'll go for two. Now, you know, you are going to sit around
here and do what, when and how? I'm asking the question! I've asked the
question before and before and before! You know, I understand that you all
are scared to even broach the subject with the God Almighty Miami Herald! But
is it right, or is it wrong, that's all I'm asking.
77 April 27, 1989
Mr. Fernandez: Let me say this, Mr. Plummer, we have an ordinance in the
books that if enforced, would address properly many of the concerns that we
have and the gray Brea vrhether in fact commercial speech is protected and what
amount of protection does the Constitution give it, is an issue for a policy
decision. If you want to be assertive and bold and instruct us or instruct
the Administration to remove simply because you don't believe that public or
commercial Pdvertising has that kind of Constitutional protection, we will
defend it in court and make law and perhaps win or lose.
-1 Mayor Suarez: Well, for sure we know that they don't have a Constitutional
protection from our regulations that would require that they don't destroy
City property with those chains...
Mr. Plummer: Fxactly!
Mr. Fernandez: Correct.
Mayor Suarez: ... that they don't impede traffic on the sidewalks and that
they contribute some amount to the regulation thereof.
Mr. Fernandez: Correct, and our ordinance in place already states that. We
can control them as to place, manner, locations. We can do certain
controlling, but we cannot prohibit them altogether.
Mayor Suarez: And let me tell you, the circulation manager of the Herald
knows all of this.
Mr. Plummer: Wait a minute, let me clear the record, OK? In no way have I
indicated that I want to eliminate the racks. I think that there is a
convenience to the public, if nothing more. What I am saying is, do they have
carte blanche to do whatever they want beyond having the rack with the
identification of the name of the newspaper therein contained? I don't think
they do. I don't see that as part of the First Amendment right.
Mr. Fernandez: There is case law that clearly states that that is protected.
Mr. Plummer: Protected for all the commercials they want? They can put
anything they want on the side of those racks, is that correct?
Mr. Fernandez: It becomes a balancing question, Mr. Plummer. The answer is
not black and white.
Mr. Plummer: It's the way you lawyers make a fortune.
Mr. Fernandez: No, no...
Mr. De Yurre: Let me tell you, I think that something that we need to
consider is one thing is your First Amendment rights, another thing is doing a
business.
Mr. Plummer: That's exactly what I'm saying.
Mr. De Yurre: You know, I mean, like heck, if they were giving it away,
they'd have a better argument, but they are charging for it and they are
making money on it, so you know, I think that there is quite a marked
difference there.
Mr. Plummer: Better than half of that newspaper today is advertising, better
than half Neighbors used to be a nice section of the newspaper until it
became successful. Now, it's 80 percent advertising.
Mayor Suarez: OK, anything further on this item, do you want to...
Mr. Stahl: May...
Mayor Suarez: I'm leaving it up to...
Mr. Rodriguez: If you direct us to move them, we'll go for it.
Mr. Plummer: I guess what I want you to do at this particular point is to go
out and enforce the rules and regulations as they exist today, period.
78 April 27, 1989
- Mr. Fernandez: The way our ordinance reads right now, Mr. Plummer, is content
neutral. We do not differentiate between commercial speech or that speech
_i which is protected, pure speech protected by the First Amendment. If you want
our ordinance to be more specific in that regard, then we really get into a
very gr,-y Brea. We will, at your direction, address the difference between
those two types of speech.
Mr. Plummer: Give me your opinion before I offer such, OK? Is it legal or
not?
Mr. Fernandez: To control?
Mr. Plummer: Your opinion in writing as to whether or not you feel they have
the right...
Mr. Fernandez: I will.
Mr. Plummer: ... to put all the commercial value on the side of those racks
that they want.
Mayor Suarez: Thank you. OK, on the matter at hand, we have to decide
whether we are going to to with... make a quick presentation, Ted. We have an
idea what your stand on this is.
Mr. Stahl: Well, as it was brought up, none of us are against the news racks,
but in the first place there are several items that we have been pressing and
pressing.
Mayor Suarez: This has nothing to do with the news racks, Ted, this has to do
with his request to have five new locations for pushcarts. Address that
issue, sir.
Mr. Stahl: Well, we're jumping back... Plummer's on the news racks, this
gentlemen...
Mayor Suarez: That's out. Don't argue with me, tell us what your position is
in regards to the pushcarts, please, the vendors.
Mr. Stahl: All right, going back to the vendors, then.
Mayor Suarez: Yes, sir, we sure are.
Mr. Stahl: All right, the Chamber of Commerce has stated very clearly and
agreed that ten spots were the initial amount on the ordinance and ten are
sufficient. The merchants, the residents, everybody sat down for a year and
discussed this and worked it out with the City Attorney. We came up with a
fine ordinance, everyone's happy with the ordinance. Now the vendors are
coming back, they don't like what they agreed upon. Ten spots in the Grove,
that's what it was. Now they are asking for 15. And the very areas that they
are asking to put two, tomorrow may be a restaurant. 4'hat are you going to do
with the two spot:: that you are going to allow them to have today? Four
restaurants have opened up in spots on the sidewalks where your news racks and
your vendors are operating. What do you do? Do the restaurants come first,
do the nears racks come first, or do the vendors come first on the City
property?
Mayor Suarez: It's• a judgment call. It's not going to be the end of the
world if we go from ten to fifteen... it's whatever the Commission wants to
do.
Mr. Plummer: No, Mr. Mayor, the problem I think is this. If you go 15 today,
the next guy comes in, he wants 20.
Mayor Suarez: Then we say no, if we don't want 20.
Mr. Plummer: And 20 then becomes 25 and we're back to the same hodgepodge we
had before, that's damn near unenforceable.
Mayor Suarez: You know, I think we know the arguments. I think we know the
concerns, the considerations, the trade-offs. I think we have to decide.
79 April 27, 1989
Mr. Stahl: Mayor Suarez, another problem. We can't even get the enforcement
on ten and you are going to add five more to our streets now.
Mr. Feinberg: Can I just say one thing?
Mr. Stahl: The vendors are not even obeying and working with us for the very
ordinance that they e.re supposed to be respecting. Rasheed and his wife, who
worked with us for a year, who is in charge of all this have thrown up their
hands, they don't want anything to with this because they can't get their own
people to abide by the rules set down by this Commission.
Mr. Feinberg: That's not true.
Mr. Stahl: Yes, it is!
Mr. Feinberg: That's not true, I worked with Rasheed and we had no... Rasheed
opened up a store and he's not a street vendor, you know he is working on his
store, but I worked very closely with him, he agreed. Before I asked for this
spot I spoke to Rasheed and he agreed with it, I spoke to the Planning
Department and Ms. Cordovi said there couldn't be any more spots beyond what I
am asking for because there are no more locations. We've used up all the
extended sidewalks and the reason why we can only get... there are only five
spots where we can get a second location, is because the other spots aren't
large enough to accommodate such, so really, there is no way that there can be
more vendors added, it's impossible. I mean that was the Law Department....
Mr. Stahl: I'm sorry. I disagree with you.
Mayor Suarez: OK, I know we disagree, I know we disagree, and that's why this
Commission is here. If we were in a court of law, everything about Mr.
Rasheed would not be allowed, because it would be hearsay from someone not in
court, but we'd have to hear it. You've made your point. Commissioners, what
do you want to do with this item? There are many, many things at issue, I
mean that we have to decide here today besides this item. Rosario, do you want
to...
Mr. Plummer: Mr. Mayor, no action means that it stays as it is.
Mayor Suarez: Exactly. No action, it dies for lack of interest.
Mrs. Kennedy: For the record, I agree with Ted's position, it's been visited
and been visited, the action has been taken and...
Mr. Stahl: I mean, it is...
Mayor Suarez: No, wait, the Commission is acting now. We have no motion, so
if we have no action, it wouldn't pass and it would stay the same, so just for
the sake of having it for the record, let me move to approve the increase to
the 15 and see if I get a second. Going once, twice, three times. No action,
we are back to the ordinance as it wrists unless Vice Mayor wants to change
it. We might want to wait a couple of minutes and see how he feels about it.
Mr. Stahl: Nov, we Pre going back to item 22?
Mayor Suarez: No. Bye: bye.
NOTE FOR THE RECORD: At this point, agenda item 11 was brought up
for discussion and the record reflected no appearance by
interested parties. (See label 36)
80 April 27, 1989
22.A) (Continued Discussion): AFFORDABLE RENTAL HOUSING - Request of the City
to clear and demolish scheduled sites to make them ready for affordable
housing (See label 3E).
B) DIRECT ADMINISTRATION TO CLEAN UP LOT IN FRO14T OF THE ST. HUGHES
PROPERTY.
Mayor Suarez: Item 12, Ms. Range, former Miami City Commissioner.
Ms. Athalie Range: Mayor Suarez, members of the Commission; ladies and
gentlemen, my name is Athalie Range, I live at 5727 NW 17th Avenue, Miami,
Florida. I am here in interest of a group who is very interested in
continuing... I say continuing the improvement along the corridor of NW 7th
Avenue. I am sure those of you who have taken the time to visit that area in
recent months or within the past year or two, will readily admit that the area
is really coming alive again. We have several buildings that have gone up
along that area, stores are opening and things are moving along as if we are
going to improve that area permanently.
Mayor Suarez: Brand project on 54th and 7th too, that this Commission is
involved in helping to get off the ground. That will improve that corner a
great deal.
Ms. Range: Very good, yes, it's from 54th to about 69th, you can really see a
lot of improvements along there. However, just in the center of that, a few
doors away from the very beautiful Edison Towers of which we are all very
proud, stands a blight on the entire area and those are a number of buildings
that would be about 6th Court and 58th to about 56th Street. Yes.
Mr. Plummer: We took care of that this morning. We allocated $500,000.
Ms. Range: Well, that's very fine. You called for item 12 and that's why I'm
here. I appreciate that ever so much.
Mr. Plummer: Commissioner Dawkins, isn't that the same one, one and the same?
Mr. Dawkins: That's the same blight.
Mr. Plummer: I'm sorry, OK, $500,000 to acquire and...
Mr. Dawkins: To acquire...
Mayor Suarez: And demolish.
Mr. Dawkins: ... and demolish and make it ready for affordable housing.
Ms. Range: Oh, very good then. I won't be back until that $500,000 runs out,
is that it?
Mayor Suarez: Mr. Manager, one little thing on that. One of the CDC's
(community development corporation) involved in the City suggested that we
come up with a way that the CDC's or agencies of the community can purchase
the properties in question so that we don't have to do it at a much higher
cost. Anytime anybody knows we are going to buy something, we pay three or
four times the amount and I hope that you would explore that with him, he had
an interesting vehicle. I spent a lot of time thinking about now this could
be done, you know, you hear about blind trusts and you hear about all kinds of
intermediaries to purchase land for you. And we have not been able to
successfully to use any of those, unless somebody already brings to us a
project and that's kind of the way he was proposing it, where they already
have a contract to purchase, they already have fixed the price, it is
conditional on the City participating, but they have shopped around and gotten
the best price available, people don't recognize them as being the big, bad,
City of Miami wanted to buy land and jacking up the price, so I hope you
explore that. Otherwise, we buy three pieces of land or one, where we could
have brought three or four.
Ms. Range: Surely, I understand.
81
April 27, 1989
Mr. Dawkins: Mrs. Range and the group that she is with, they have already
been through this end most of that property is up for liens and what have you,
so they are going to be there, that's why we appropriated the money and
they'll be back to you, Mrs. Range with the money and find out how you want to
go.
Ms. Range: Thank you, thank you so very much.
Mr. Plummer: Let me ask a question, Mr. Mayor. Mr. Manager...
Mr. Odio: Yes, sir.
Mr. Plummer: Why can't the City... these buildings that she is talking about
in particular, are definitely Code violations. These buildings they are full
of Code violations.
Mayor Suarez: A lot of them have Code violations.
Mr. Dawkins: Let J.L. see them. There they are right up there, J.L.
Mr. Odio: Yes, you mean the yellow...
Mr. Plummer: OK. Now, why hasn't the City gone in on Code violations and
start assessing the $250 a day fines?
Mr. Odio: Well, let me find out. What you have there...
Mr. Plummer: No, hey, what you are going to do, OK? I think you are going to
put the City in a different posture to acquire these things, or you are going
to make these people want to sell in a hurry, but I can't understand for the
life of me, we have a Code Enforcement Board. I can take you right now in
Coconut Grove and I can show you at least a dozen houses that would clearly
defy Code violations and yet we are not taking them before that board to start
the clock running on the $250 fines per day.
Mr. Odio: The good news is that two of those houses were demolished this
morning.
Mr. Plummer: I'm asking the question in reference.
Mr. Odio: I mean, I said we moved in already and demolished two of them today
and then I will get you a list of the addresses and we'll probably having all
cite...
Mr. Plummer: You are going through the arduous process of condemnation. Why
are these houses not being cited for Code violations right now?
Mr. Odio: We're doing that, Commissioner.
Mr. Plummer: No we are not!
Mr. Odio: Commissioner, yes we are.
Mrs. Kennedy: Well, go get him a list of those houses that have been fined.
Mr. Odio: I will get you a list of those houses. I want...
Mr. De Yurre: J.L. ...
Mr. Plummer: Yes.
Mr. De Yurre: It's Dusty Melton.
Mr. Plummer: Who?
Mr. De Yurre: Dusty Melton.
Mr. Plummer: Oh, OK.
Mrs. Kennedy: There he is.
Mr. Plummer: This is Victor's mouthpiece, hello, Victor's mouthpiece?
82 April 27, 1989
0
Mr. Odio: I want you to know that we resolved....
Mayor Suarez: I entertain a motion to eliminate all the phones from the dies.
Mr. Plummer: The hell you say. Just for the record, this phone only rings in
my secretary's desk, not Dusty Melton or Victor's.
Ms. Fuentes: Commissioner...
Mayor Suarez: Miss Fuentes, Building and Zoning Director of the City of
Miami.
Ms. Fuentes: Edith Fuentes, Director of Building and Zoning Department. Most
of these properties, we have cited, as a matter of fact, but then to take a
case in front of the Code Enforcement Board, we have to have proper notice
and, you know, the card should come back certifying that the notice was
received by the property owner. Most of them are vacant and the property
owners are not here so we have to go through the process of notifying them
wherever they are...
Mr. Plummer: That's fine, and I'm sure there's a time limitation.
Ms. Fuentes: We are working on all of them.
Mr. Plummer: Let me give you two. At the corner of Margaret and Williams...
Ms. Fuentes: We got them.
Mr. Castaneda: Yes, that's been reported.
Mr. Plummer: ... they have been sitting there for two years as crack houses.
Mr. Odio: We got those.
Ms. Fuentes: We got them.
Mrs. Kennedy: Yes.
Mr. Plummer: What do you mean, you got them? Got them what?
Mrs. Kennedy: On the list.
Ms. Fuentes: They are all - they are pending them...
Mr. Dawkins: Tomorrow, we push them down tomorrow.
Mr. Plummer: When hell freezes over.
Mrs. Kennedy: No, they're on the list.
Ms. Athalie Range: Mr. Mayor...
Mayor Suarez: tors. Range.
Mrs. Range: If I might...
Ms. Fuentes: The contract was awarded to...
Mr. Plummer: Excuse me. Are they being - have they been cited, those two
particular houses with code violation?
Ms. Fuentes: They are, they have been awarded to be demolished by
Treemasters.
Mr. Plummer: Excuse me. You obviously did not hear my question. Your answer
did not correspond.
Ms. Fuentes: We have gone through that.
Mr. Plummer: May I ask my question again? Have either one or both of those
houses been cited by code violation...
83 April 27, 19eg
10 #
Ms. Fuentes: Yes, sir.
Mr. Plummer: ... and a fine imposed?
Ms. Fuentes: They were cited - the fines are not going to be imposed because
they are ready for demolition.
Mr. Plummer: The answer to my question then is no.
Ms. Fuentes: Cited, yes. Fines, no.
Mr. Plummer: Well, why didn't you fine them?
Ms. Fuentes: Because we already had gone through the bidding process and the
award is given already to Treemasters.
Mayor Suarez: You mean, they've already decided that we can demolish them?
Ms. Fuentes: Yes.
Mr. Plummer: That's called bureaucracy.
Ms. Fuentes: They're going to be demolished at any time Treemasters...
Mayor Suarez: OK, if we're going to impose a lien for demolition, did you
think that maybe it would be nice to also impose a lien for the fine so that
we'd have a little more money to acquire them if we want to take them?
Mr. Plummer: Exactly! Plus the fact that they would...
Mayor Suarez: You know, it's less if...
Mr. Plummer: People in government, if you were in private business, you would
go broke!
Ms. Fuentes: I'm trying to.
Mayor Suarez: In the case of those that... this may not apply to those, but
in the case of the ones that we're earmarking for purchase, if we had the
largest amount of fines and liens on them, we would be able to acquire them
for the least amount of money.
Mr. Plummer: Exactly.
Ms. Fuentes: We have, we have...
Mr. Odio: Could I ask that she finishes what she was going to explain..
Ms. Fuentes: Yes.
Mr. Dawkins: Also, Mr. Exayor, if we owned them, we could go in with our own
equipment and demolish them and it wouldn't cost us any money.
Mr. Odio: Can't do that.
Ms. Fuentes: We can't.
Mr. Plummer: Exact...
Mr. Odio: But, but, the problem is... will you let her explain that she
cannot do what you're saying.
Mr. Plummer: Why can't she? Yes, talk, please.
Ms. Fuentes: Like I said, we already have an order that's being followed.
Let's say they went through the Unsafe Structures Board. The Unsafe
Structures Board already gave an order and we are pursuing that avenue.
Mayor Suarez: Miss Fuentes, is one thing inconsistent with the other?
84 April 27, 1989
Mr. Plummer: It has nothing to do what... you see, that's the problem. One
has nothing to do with the other.
Mayor Suarez: OK, is it inconsistent to try to demolish it...
Ms. Fuentes: No.
Mayor Suarez: ... through unsafe structure procedure and also to fine it for
violation of codes?
Ms. Fuentes: We are working on that one now.
Mayor Suarez: Is one thing inconsistent with the other? Can we do both at
the same time?
Mr. Plummer: Sure.
Ms. Fuentes: That's what we're working with the Law Department so that we
will be able to do both at the same time.
Ms. Armbrister: Let me say something, let me say something.
Mayor Suarez: That's what we always get, we throw it back to the Law
Department.
Mrs. Kennedy: OK, Mr. Mayor...
Mayor Suarez: Mr. City Attorney, are you able to answer that?
Mr. Fernandez: Not right now, we're working on that and we'll come back to
you with an answer.
Ms. Armbrister: In the Grove.
Mayor Suarez: Thank you. We'll get another legal opinion. Commissioner
Kennedy.
Mrs. Kennedy: You know, it would be good, Mr. Mayor, to put on the record
that we have really expedited this process.
Mayor Suarez: Yes.
Mrs. Kennedy: Before, it was just the Unsafe Structures Board in the county,
now we have building inspector that has the authority to go over there...
Mayor Suarez: That's a very good point.
Mrs. Kennedy: ... and within 30 days, have the house torn down and it's
extremely important that everybody understands that.
Mayor Suarez: Yes, let's cyplain to the citizens of Miami, when Comzri.ssloner
Kennedy and I fot involved in all of this when we tool: office, there was no
thinking at: that point of using the procedure that we're now using which is
the procedure of: the fines, etcetera, and automatic demolition, because we
were relying on the county...
Ms. Fuentes: Right.
Mayor Suarez: ... and this Commission saw fit to try to follow the other
procedure and she...
Mr. Dawkins: I'm glad you said this Commission and not just you and Rosario.
Mayor Suarez: That's right, this Commission - the motion, I think, was made
by Miller Dawkins...
Mr. Plummer: I don't know how to drive a bulldozer.
Ms. Armbrister: May I say something?
Mayor Suarez: ... and since then, we started assigning the Commissioner to
get on top of bulldozers and use that for campaign pictures...
85 April 27, 1989
c
S
Mr. Plummer: I can do a backhoe, but I can't do a bulldozer.
Mr. Odio: We have demolished over 500 houses. We have demolished over 500
houses.
Mr. Plummer: Yes, that's fine and for that we applaud you. But you got 5,000
that haven't been done.
Mr. Odio: No, you don't. You never applaud for anything. Now you want
2,000.
(APPLAUSE)
Mayor Suarez: Commissioner Plummer is almost out of order.
Mrs. Kennedy: And it's only 3:30.
Mr. Plummer: Remember, you're running this year, I'm not.
Ms. Armbrister: May I say just one thing?
Mayor Suarez: And it's only 3:28. Can you imagine what he's going to be like
at 6:007
Mayor Suarez: On what item, Mrs. Armbrister, because we've got people
waiting?
Mr. Dawkins: Mrs. Range, you had Mrs. Range... Mrs. Range had the...
Ms. Armbrister: I'm going to help her out a little bit. My name's Esther Mae
Armbrister, 3350...
Mayor Suarez: I think that issue of those houses are going to be solved and
Mrs. Range wanted to complete her presentation. So let's let her complete
that, please.
Ms. Armbrister: OK, but may I speak to you... do you want to come around
here?
Ms. Range: All right.
Mayor Suarez: Sure, you can speak to... our Building and Zoning Director is
more than willing to meet with you.
Ms. Range: My presentation is just about over. I only wanted to make mention
of the fact that the houses of which we speak on N.W. 58th Street and 7th
Avenue have been victimized by fires and I don't know why the City has not
been able because the houses are not livable under any circumstance. They are
danger to the community, to the school children who live in that area and to
other persons. The thieves and robbers hang out there to come out and mug and
snatch pocketbooks. The addicts go in and this is how the fires happened over
the winter. If you would take note of those pictures, I'm sure you would
realize irrmnediately that there needs to be an emergency method of demolishing
those houses regardless to what else is to be done t;*ith the land cahen it's
over.
Mayor Suarez: We're pretty close to coming up with an emergency method. We
are coming up with a method that's a heck of a lot quicker than the old system
of waiting for the Unsafe Structures Board of the county which met twice a
month and handled a hundred requests from the entire county. Once a month? I
thought it was twice a month. We came up with our own system, but it's not
quite yet an emergency procedure. I guess we should be moving to see if we
can do it, you know, on as quick a basis as you're suggesting.
Ms. Range: Surely, because they're calling the Fire Department out which
costs money and everything else, very often. All right, thank you very much.
Mayor Suarez: Thank you, Mrs. Range. Item 13.
Mr. Dawkins: Mrs. Armbrister had something to say, Mr. Mayor. Mrs.
Armbrister, did you want to say something?
86 April 27, 1989
Mayor Suarez: She's already meeting with City staff to resolve it.
Ms. Armbrister: I was talking to them explaining I'm trying to help them out
a little bit.
Mayor Suarez: Counselor.
Ms. Armbrister: But are in the process of demolishing those houses and own
the property - when I say you, the City owns the property. So we got to wait
30 days.
Mayor Suarez: We also own that same...
Mr. Dawkins: We own the property?
Ms. Armbrister: You own the property. The City owns that property, the City
bought the property in order to build eight houses. City's in the process of
acquiring vacant lots, where nobody, abandoned... you didn't know this? OK,
well, that's what you're doing. You are buying spots...
Mayor Suarez: When we own them, we can move that much quicker.
Ms. Armbrister: Thank you.
Mayor Suarez: Thank you.
Ms. Armbrister: But, you've been giving 30 days to do it and look like
they're going to wait 30 days and it's getting worse all the time.
Mayor Suarez: By the way, I shouldn't - I see the Director of Solid Waste,
the City of Miami here, and I just want to mention the St. Hugh's property on
Franklin that, again, belongs to the City and sometimes the exterior of it on
the sidewalk there in the parkway is not in as good a shape even as privately
owned properties nearby, Joe. Anything you can do on that we'd appreciate.
St. Hugh's property at the end of Franklin and Douglas. It may be that
another department because it's been acquired for a housing project, somehow
has supervision of it, but I think that we still have a responsibility to keep
it as clean, as attractive so it doesn't create problems for the rest of that
very nice, stable residential neighborhood.
23. DIRECT CITY ATTORNEY TO REVIEW CHALK'S AIRLINES PROPOSED SETTLEMENT
CONTRACT - Authorize negotiations and direct City Attorney to come back
with finalized contract for the Commission's consideration.
Mayor Suarez: Mr. Rifas.
Mrs. Kennedy: l-fr. mayor...
Mr. Dawkins: Mr. Mayor, may I make a statement before you go in to 13?
Mayor Suarez: Commissioner Kennedy. Commissioner Dawkins. God, I'm
confusing the two of you now.
Mr. Dawkins: Mr. Mayor, fellow Commissioners, I'd like to make it clear that
I'm not interested in any money from Chalk's Airlines. What I want you to
realize is that this is a valuable piece of waterfront property which everyday
the value goes up. Now, my City Attorney tells me the City of Miami owns this
valuable piece of property. The attorney from Chalk's Airlines says Chalk's
Airlines owns this valuable piece of property. My concern not is $15,000 a
year. In fact, Chalk's Airlines could stay there until they go out of
business and not pay a penny and I would not be concerned if the land reverted
back to the City of Miami. Now, when this is over, I will make a motion that
the City Attorney go to court and find out who owns the piece of property. If
Chalk's Airlines owns it, well and good, so be it. If the City of Miami owns
it, well and good, we still retain this valuable piece of waterfront property.
I do not want this Commission to lose sight of the fact that this is valuable
waterfront property that Chalk's Airlines is attempting to hold onto and that
the City of Miami is trying to hold onto. Thank you.
87 April 27, 1989
Mayor Suarez: OK, thank you, Commissioner.
Mrs. Kennedy: OK, I think, Mr. Mayor, that all of us are interested in
keeping Chalk's in Watson Island and what we really have to address is to find
an equitable solution so that the City can keep Chalk's and have some
compensation so... well, this is what they're proposing. An annual donation
of $15,000 per year for 10 years for the City Adopt. a Fark Program which, as
Commissioner Plummer suggested, will include inner City parks and that the
City dismiss, without prejudice, this case and that the issues raised by the
lawsuit will not be further litigated for the ten year period. I think that
this is something that we should pursue. We have the alternative, of course,
to go to court and it's understandable that we, perhaps, might even win as the
City Attorney suggests. But I think that we should settle this instead of
going through a long process of litigation.
Mr. Dawkins: OR, well I have to disagree with my fellow Commissioner. That's
what courts are for to settle differences and if we are going to sit up here
and say that we would rather have a hundred and fifty thousand dollars in ten
years and give up property that's worth 1.5 million dollars a square foot, I
think that's being irresponsible, in my opinion. But, there again, I will be
swayed by the vote of the majority of this Commission, but, like I said, when
the gentleman finishes his presentation I will make a motion that the City
Attorney go to court. If it gets the three votes, so be it. If it dies, so
be it.
Mr. Plummer: Well, I think we have two problems. First problem is that this
motion contains that court action would be withdrawn. So that is in conflict
with a motion that you may or may not make. The second discussion that I have
on the problem, Mr. Manager, is the flexibility on behalf of the City. As we
all know, there is a master plan for Watson Island which is yet to be decided
but I don't want to be locked in that master plan for ten years. I think the
City must have the flexibility that if we have to move Chalk's Airlines, they
would still have access to the ramp and the water, but we would give them
comparable square footage somewhere else on the island. I cannot let the tail
-= wag the dog in the extent that they could hold up any master plan for that
island for ten years. I'm not saying it's going to be the case, but I would
reserve to the City the flexibility that if, in fact, we do have to move them
that they are agreeable to move as long as they get like facilities and the
same square footage.
Mr. Dawkins: But are you saying, J.L., that own... who you saying own the
land? The City of Miami or Chalk's Airlines?
Mr. Plummer: I'm not determining that, as far as I'm concerned, for the
record, there is no question or need to go to court, I own, I, the City, own
the land. So, there's no question in my mind, we own the land. Now, that
matter is something that still some of my colleagues have question about and I
respect that concerti. But, here again, I think that we must have built in
flexibility that if we want to develop that island, as long as we provide them
with some other square footage, x,.,e have the right to do it.
Mayor Suarez: ON, counselor -- Commissioner Kennedy,
Mrs. Kennedy: Ho:•aever, that's fine, but under the master plan, Chalk's
remains where it is.
Mr. Plummer: Well, that's fine. Under the master plan, which is not yet been
approved, there is proposal...
Mayor Suarez: No, the master plan was approved.
Mrs. Kennedy: Yes, it was.
Mr. Plummer: Well, OK, there is a proposal by the Aviation Department to come
in there and build a facility that this Commission might or might not accept.
OK? It has good looking aspects to it. The question that I'm raising is,
that it would not work with Chalk's where they are. They would have to move
over about half a city block to make this thing gel. I don't want to get
locked in without the flexibility if we, the Commission, want to put that new
facility in, that tail of the dog could wag this Commission. So, all I'm
asking for is build in the flexibility of us having the right to move them if
necessary.
88 April 27, 1989
Mayor Suarez: Go ahead, counselor.
Harold Rifas, Esq.: OK, Mr. Plummer, let me address the issue that you just
brought up. The question of the master plan has been con...
Mayor Suarez: Harold, why don't you put your name in the record, please?
Mrs. Kennedy: Harold - yes, I was going to suggest that.
Mr. Rifas: I'm sorry, my name is Harold Rifas, I'm an attorney, offices at
1435 So. Miami Avenue in Miami. I represent Chalk's International Airlines.
The issue that you just raised I'll address separately. The question of the
ability of Chalk's to move to another location or similar location on Watson
Island will not be a problem as far as the movement of facility from place to
place. The problem remains that Chalk's, contrary to the opinion of the City
Attorney, believes that they have a property right they consider valuable and
are unwilling to give up. It's a matter that I've discussed individually I'd
appreciate the opportunity of been given the opportunity to discuss this
individually with each of you. There are two separate opinions about
ownership. This is not the forum to discuss or argue ownership, it's a court
of law. And the court of law is an alternative which, if utilized, if we win,
we win and we remain. If we lose, I have assurances that I can give you that
there will be no more seaplane operation operated by Chalk's out of Watson
Island. It's not a threat because there are no such things. The suit's
already been filed. You're in court. This is an attempt to resolve a
disputed issue in a manner that I consider equitable, reasonable and fair.
Chalk's will not give up its property rights or its right to argue about
ownership of the property. They have no objection to complying with movement
if required by the master plan.
Mr. Plummer: Mr. Manager, do we have a contract, I mean, all I have presently
is a letter?
Mr. Odio: No.
Mr. Plummer: I can vote for the proposal as long as that flexibility is
there.
Mr. Odio: There is no contract until you accept...
Mr. Plummer: Well, OK, I'm telling you that a contract would have to come
back to the Commission for final approval.
Mr. Odio: I don't think there is a contract, it's a settlement.
Mr. Plummer: If the flexibility is there, I have no problem.
Mr. Dawkins: What is the consensus... this gentleman says that Chalk's
Airlines owns the property. The City Attorney tells that what I want to hear
naturally because I'm with the City of Miami., that the City of Miami owns the
land. Nora, I cannot understand how Chalk's Airlines could squat a piece of
property and because, it's Chalk's Airlines you say they can have it. If I,
Miller Dawkins, was over there on that piece of property, you would tell me to
get the hell off it. I don't own it, I don't own the rights to it. I give
you a perfect example, at one time a number of citizens went down in the Keys
down... not in the Keys, down just below Marathon, they went out in the ocean
or the bay and they built some little huts and they say they had squatters
rights to this property. Now you go back and research the law in the State of
Florida, say they did not own it, get off it. And they had to give it up.
Now, how in the world can citizens go out in the water and build something and
say they've got squatters' rights and the State of Florida make them move and
this Commission is going to allow an airlines to tell you, if you don't give
me this land, I'll move? But that ain't no threat. I'm just telling you
that. You know, I'm not threatening you but I want to make you aware that if
you don't let me keep this valuable piece of property which I don't want to
lose which the lawyer has said we will not, under any circumstances,
relinquish our rights and nobody has yet to tell me how Chalk's Airline
acquired these rights. ... now when the...
Mayor Suarez: Or at least illustrate - answer the Commissioner's question on
why this is, if it is different from the...
89 April 27, 1989
Mr. Dawkins: Wait...
Mavor Suarez: situation with those houses on stilts out there in the bay.
Mr. Dawkins: when the people got here, the Indians were on the land.
Now, if anybody squatted the land, it was the Indians. Now, if the land - if
the federal government...
Mr. Plummer: He sounded like Carollo.
Mrs. Kennedy: You're right.
Mr. Dawkins: ... as; it took all other land, did not take this land from the
Indians, then the Indians still own Watson Island.
Mr. Rifas: I'll buy that.
Mr. Dawkins: Now, if the Indians still own it, then all others have to get
off it and give it to the Indians.
Mr. Plummer: We got a third party involved.
Mr. Dawkins: But, if the Indians do not own it, it had to go the way all the
other land went and it would have to belong to the City of Miami.
Mr. Plummer: Well, Commissioner Dawkins, just for your edification, that land
was not there when the Indians were here. That land was filled in and the
size of the island, I think, was almost tripled by land fill. So the Indians
don't have the right...
Mr. Dawkins: Well, who had the little piece that you added onto with the land
fill, who owned that?
Mr. Plummer: Well, I don't know, that's what's at...
Mr. Dawkins: Oh, the Indians owned that, so you just built onto the Indians
land.
Mrs. Kennedy: Will you answer Commissioner Carollo, please?
Mayor Suarez: Which, by other principles of law, would probably mean that the
same Indians would still own it.
Mr. Castaneda: Well...
Mayor Suarez: You know, at some point, the King of Spain owned the whole
thing, I guess...
Mr. Cast.aneda: Right.
Mayor Suarez: ... and he ceded it to the State of Florida in the year 1819 so
I supposed we go „aci", in history.
Mr. Rif_. s: Hayor, I really... I could like to.. .
Mayor Suarez: It's a policy question, it's a policy question and I don't know
that it really gets into - it's worts-: getting into the legal ramifications.
But he did raise an interesting point, Ghat is the difference between this
one, this situation and the houses on stilts out there that, I guess, the
State has declared they cannot be - they won't be torn down but they certainly
cannot be improved or added to. Is that because it's...
Mr. Plummer: I thought they did.
Mr. Fernandez: I have no idea of what the other situation is, Mr. Mayor, so I
cannot opine as to that.
Mayor -Suarez: OK, very cautious City Attorney we have. He doesn't even try
to...
Mr. Plummer: Hey, there's a stay of....
90 April 27, 1989
Mr. Fernandez: But he is very decisive and clear in his positions.
Mr. Plummer: ... got to remove everything you got out there.
Mayor Suarez: Yes, and I would think that maybe even maritime jurisdiction
would play into that. But, anyhow...
Mr. Rifas: Mayor, I would like...
Mayor Suarez: ... Comrnissioners...
Mr. Rifas: I would like to address the issue. It's a question that the
Commission....
Mayor Suarez: Well, you told us this was not the proper place to decide
ownership...
Mr. Rifas: Well, I'm...
Mayor Suarez: ... now you want us to get into ownership, counselor?
Mr. Rifas: No, I really don't want to. I would like to...
Mayor Suarez: That's very reasonable of you...
Mr. Rifas: Thank you.
Mayor Suarez: Particularly when you began by telling us the wrong thing, that
we couldn't discuss ownership here. We can obviously discuss ownership here.
We can discuss whatever we want.
Mr. Rifas: Absolutely...
Mayor Suarez: But, we may not be disposed to discuss ownership because we're
not going to come up with an agreement on it. Even if we did, we couldn't
enforce it, so...
Mrs. Kennedy: Mr. Mayor, I'm ready to move that we accept the agreement.
Mayor Suarez: OK, so moved.
Mr. Fernandez: Excuse me, what agreement are we talking about? I would
recommend that if. this Commission is inclined to enter into settlement
agreement, that you would give me time to sit down with Mr. Rifas and really
work out and spell out all the terms and conditions and come back to you.
Mayor Suarez: OK, the parameters would be, I believe, $15,000 a year
contributed by your client to the City. You can remain for ten years. That
the issue of ownership is not decided for at least those ten years and...
Mr. Fernandez: The issue of the roaster plan has to be considered.
Mr. Plurraner: No, no, no, no...
Mayor Suarez: Yes, no, it has to be such that I think Conunissioner Plummer
made a very good point. It has to be such that we can proceed with our master
plan and the agreement will be flexible enough to allow us to either move or
give them equivalent land or whatever so that it doesn't affect our master
plan.
Mr. Fernandez: And we must consider all the issues relative to statutes of
limitations and all the other affirmative defenses, make sure that we create a
proper vacuum...
Mayor Suarez: Oh, yes, legally we don't want to be in a worse position ten
years from now...
Mr. Fernandez: Exactly.
Mayor Suarez: In case Commissioner Dawkins is still here and still wants to
litigate it.
91
April 27, 1989
}
Mr. Plummer: The motion...
Mrs. Kennedy: Absolutely.
Mr. Plummer: ... in my estimation, the motion ought to be that we send this
letter to the City Attorney to prepare a contract to come back to this
Commission.
Mrs. Kennedy: Right.
Mr. Fernandez: Correct.
Mr. Plummer: And I second the motion.
Mr. Dawkins: Say what now? What's the motion?
Mr. Plummer: The motion would be, in my estimation, that we forward to the
City Attorney, this letter, this proffer by Chalk's to sit down with them, to
come up with a contract and bring it back to this Commission for approval.
Mr. Dawkins: And, but the...
Mayor Suarez: With the instructions that basic parameters are $15,000 a year
for ten years. Don't decide the issue of ownership at least until that time
and we must be able to develop the island within the master plan.
Mr. Dawkins: Why do we want to discuss... why don't you want to discuss the
rights of ownership when you have an attorney you paying $90,000 a year who
say you own it?
Mayor Suarez: Oh, you can discuss it all you want. That's what I just told
them, but we're not going to be able to resolve it because we cannot enforce
whatever we conclude.
Mr. Dawkins: Well, let's go to court. But let me go to court for this ten
years...
Mayor Suarez: Because I'm...
Mr. Dawkins: ... and at the end of the ten years, Mr. Mayor, then I don't
want to wait till the end of the ten years and then go negotiate it for ten
years. Let me start now.
Mayor Suarez: I'll tell you the reason, I agree with what he said. One of
the things he said, which is that if we lose, we lost all our rights and he
can stay there for as long as he wants. He doesn't have to...
Mr. Dawkins: Well, let him keep the...
Mayor Suarez: Wait, trait, and if %,.,e win, maybe it's not a threat, maybe not,
but if he leaves, I think we have a Worse case scenario there. They've left
and...
Mr. Dawkins: But let him keep $15,000 and let's go to court. I mean, we
can't prostitute ourselves for $15,000. What you're saying to him is...
Mr. Plummer: Actually, what we're doing...
Mayor Suarez: I like him there. I think it's a good use of that land, I...
Mr. Dawkins: But, let him stay there free. Don't take nothing.
Mrs. Kennedy: I can't accept that.
Mr. Plummer: Actually, all we're doing is accepting the fifteen thousand and
withdrawing the lawsuit.
Mr. Dawkins: Stay there until we go to court and negotiate and find out
what's what.
92 April 27, 1989
Mayor Suarez: It's not a precedential situation because we're not going to
have any other cases like this. This is the longest standing situation where
somebody has conceivably squatters rights going way back beyond the last case
that came down in nineteen thirty some or whatever. It's a complicated legal
issue and we're going to get $15,000 a year, which is fair enough.
Mrs. Kennedy: Right, which is all right.
Mayor Suarez: Anyhow. Yes, everybody has their own views on this.
Mr. Dawkins: We'll. see what the vote is, ain't no problem.
Mayor Suarez: We have a motion and a second to give those instructions to the
City Manager to come back with a contract which we can always approve or not
approve. Call the roll.
Mr. De Yurre: Under discussion.
Mayor Suarez: Yes, Vice Mayor De Yurre.
Mr. De Yurre: I haven't said a word yet.
Mr. Plummer: The what?
Mayor Suarez: Oh, you don't...
Mr. De Yurre: I haven't said a word yet.
Mayor Suarez: You can always reserve time for Commissioners but...
Mr. De Yurre: Well, I think everybody...
Mr. Plummer: You have your place on the agenda, your three or four pages...
Mayor Suarez: That's right, you got one, two, three coming up, four. We're
almost at the point of the agenda that Commissioner Dawkins and Vice Mayor De
Yurre's that comes up at item 14.
Mr. De Yurre: Almost, almost. Number one...
Mr. Plummer: But they're not pocket items.
Mayor Suarez: Mr. Vice Mayor.
Mr. De Yurre: Knowing how the penny pincher that J.L. is, I'm sure that this
is something that needs to be discussed and I'm sure has a bearing on his
vote. And that is, if Chalk's were to agree to be moved to a comparable area
on the island, who's going to pay for the structure that they would have to
recreate on the new site?
Mr. Plummier: The developer of whoever is developing the island.
Mr. De Yurre: But, there isn't going to be one single developer.
Mr. Plummer: Could or could not be.
Mr. De Yurre: OK, so...
Mr. Plummer: Whoever causes the move would pay the develop... would be paying
for that move.
Mr. De Yurre: Well, that's one thing is that the City cannot be put in a
position where the City has to pay to make them home.
Mr. Plummer: Oh, I agree with that.
Mr. De Yurre: OK.
Mr. Plummer: I mean, if you look at that little shack they go over there now,
you could build that overnight. Because that's all they have.
93 April 27, 1989
Mr. De Yurre: So, that's one of the things that would have to be agreed to.
The City, will. not way pay for any transfer from...
Mr. Plummer: Well., that's not in their contract. It would be in the contract
whoever the developer of Watson Island would be.
Mr. De Yurre: No, well then we get into the issue of a suit. If we're saying
now that nobody can sue each other for a ten year period and now that becomes
an issue and they say, we're not moving and we say, well, you got to move.
Then, you can't go to court because you agreed not to go to court, then Watson
Island doesn't get developed for at least another ten years. OK? From a
legal standpoint, those are things that need to be addressed now, before we
agree to anything, before we put our signature on anything, we have to come to
an understanding where that's at.
Mr. Odio: As far as the lawsuit, my understanding was that it would only -
that the agreeing to drop this lawsuit without prejudice, but we didn't agree
I don't think, not to file suit of any other kind against them at any time.
Now...
Mr. De Yurre: Well, that's what I've been hearing, that's what I've been
hearing here.
Mrs. Kennedy: Yes, it is.
Mayor Suarez: Such as what kind of lawsuit?
Mr. Rifas: No, the only thing we're agreeing to here is to drop...
Mrs. Kennedy: The agreement was - I'm sorry, to resolve pending litigation.
Mayor Suarez: Yes, on the issue of ownership, but...
Mr. Rifas: Issue of ownership. As far as the requirement that the City could
physically ask Chalk's to pick up and move from one location to the other,
it's my way of thinking patently unfair because you're - at their expense -
and they have a facility that they utilize. If we're asked to move, I've
agreed with whoever's asked that we will move, but you can't expect us to
commit today to develop a facility that we have no concept of what it would
ever be or cost.
Mr. De Yurre: Well, you know what it would cost because you're going to build
it.
Mrs. Kennedy: Well, let me ask you something. How about, there's a tax I
understand, from the FAA (Federal Aviation Administration) which comes about
$300,000 per year to improve airports and airport related facilities. Can
somebody give me a status on that money? Because maybe that money can be used
for that purpose.
Mr. Plurnner: But we. don't even know that we're going to move or even
contemplate moving. All I'm saying is, I want the flexibility built: in if we
have to.
Mr. Rif -as: You have to remember that the master plan that we've reviewed and
that's been forwarded to us for review leaves Chalk's precisely v here they are
and...
Mayor Suarez: And it's a master plan that we have approved.
Mr. Rifas: Right, I...
Mayor Suarez: So we don't really contemplate a problem, but we should
provide, in case there is a problem, for some guidelines in the agreement and
that's what we're doing by this motion.
Mr. Dawkins: One final question, Mr. Mayor.
Mr. De Yurre: Let me finish because I've got a few more things.
Mr. Dawkins: I'm sorry, go ahead - you hadn't said anything, you're right.
94 April 27, 1989
3
C➢
Mr. De Yurre: No, I'm just getting warmed up, getting warmed up.
Mr. Dawkins: ... warmed up.
Mayor Suarez: He's getting wound up.
Mr. De Yurre: OK.
Mayor Suarez: Before his section of the agenda.
Mr. De Yurre: What is the insurance company that protects, not only Chalk's
but certainly the City of Miami from any lawsuit?
Mr. Rifas: I can't answer that, but insurance is in place and that's been
confirmed by the City Manager.
Mr. De Yurre: Is the City of Miami a named insured on that policy?
Mr. Rifas: Yes, it is. Insurance is in place.
Mr. De Yurre: Mr. City Manager, you've seen the policy, you know that we're
insured properly?
Mr. Rifas: I believe that Mr. Almira - is that his name, I'm sorry...
Mr. De Yurre: Armada.
Mr. Rifas: ... has received proof of insurance.
Mr. De Yurre: OK, that would be certainly a prerequisite to us agreeing to
anything, that we're properly insured.
Mr. Rifas: There is no question about proper insurance being a requirement.
It's in place and the City has it.
Mr. De Yurre: Do you know the amount?
Mr. Rifas: I don't have the information.
Mr. De Yurre: OK, then it would be an amount that is agreeable to the City of
Miami. OK. That's another point. And, the last point that I have to deal
with is community involvement because all I've been hearing or reading in the
paper is what Chalk's means to the community and it's beautiful to see it
taking off and landing and we've discussed it at length for - between the two
of us, I guess we've lived here like 80 years and all that kind of thing, what
it means to Miami. But, my feeling, my personal feeling is that the community
involvement of Chalk's goes to the extent that it is businesswise beneficial
to them. For example, you've told me that, if Chalk's didn't have rights to
Watson Island or to the piece that they have, they would walk away from it.
So, certainly, there isn't that much of a community involvement when you
analyze it from that aspect. Certainly, there's a business aspect that they
take people to the islands to spend thousands of dollars, they don't mind not
making a penny on the flights because they're making. it the other end. That's
understandable. But we talked about, you know, what Chalk's has done. for the
community other than running their business and we talked about, Lind I asked
you, you know, what does Chalk's do as far as children learning about Chalk's,
learning about sea planes? Have they ever taken a group of school children,
flown them, shown them the history of Chalk's, the history of Chalk's and the
City of Miami and things of that nature? And I think that it's important that
if Chalk's wants to be interpreted as being community minded and community
involved, that there be some kind of plan or program within Chalk's where they
get the community involved, that they get the children involved to find out
about what Chalk's is all about and I'd like to see some move on Chalk's part
towards that to provide that kind of thing.
Mr. Rifas: Commissioner De Yurre, I, after meeting with you Tuesday and
hearing what you had to say, I did bring this issue up to the owners of
Chalk's and I have got, in principle, the consent to provide flight space
within some reasonable parameters that people will have to agree on to provide
an access to the youth of the City of Miami to show them a part of our
history, it's a living history, it's a history that I grew up with. I was
born in Miami 48 years ago and I, for whatever it's worth, I remember riding
95 April 27, 1989
on the blimp and I remember riding on the seaplanes and I remember going to
places like Musa Isle, Floyd's Fruit Farm which probably half of us don't even
remember what they e.re.
Mayor Suarez: We've taken care of you, now we'd like to talk about the other
youth in the co?mmuni.ty.
I
Mr. Rifas: Right, it's... it's something that the people at resorts recognize
is an obligation and we're willing to formulate a plan to involve youth in
their program.
Mr. De Yurre: OIC, so then the bottom line is that, when we prepare the
contract, the agreement with Chalk's, it will be spelled out what that
community involvement is going to be.
Mr. Rifas: ido. Commissioner, I'd like to - the community involvement is
something that's going to require some programming. It shouldn't be tied to a
resolution. I'm standing, here today telling you that that has been agreed to
by Chalk's.
Mr. De Yurre: Then there's no problem putting it in writing.
Mr. Rifas: Right. Well, there is no problem putting it in writing, but...
Mayor Suarez: You probably ought to make more precise parameters, you could
build in a certain number of hours or flights of the year, or whatever. We
have many groups that do that.
Mr. Rifas: Correct, I... well, I, well...
Mr. De Yurre: In concept, just the concept in general. You know, in general.
Mr. Rifas: Well, Commissioner, the answer is yes, we agree to involve the
community - to create a community program to involve youth in this...
Mrs. Kennedy: OK.
Mr. Rifas: ... with this airline and I just can't give you the parameters.
I've only had two days to think about it and so have they.
Mr. De Yurre: OK, I'm not asking to teach them how to fly, you know.
Mr. Rifas: I know what you're saying.
Mr. De Yurre: Just get them involved. So, if we got that agreed to, the
insurance that the City and especially Risk Management is satisfied that we're
well protected, the next problem is that, you know, if you're going to have a
ten year, quote, unquote, lease or whatever you want to call it, you may call
it something else, I'm sure.
Mr. Rifas: Yes, .sir.
Mr. De Yurre: But that this situation about suing that there isn't, you know,
an exclusive thin; that you can't get sued unless the issue becomes as far as
the development of Watson Island, if an action is created because of the
Watson Island plan, then certainly there should be a cause of, action to go to
court to decide.
Mr. Rifas: Commissioner, you're already in court. And our proposal involves
the dismissal, of the case without prejudice. It keeps the issues intact. It
doesn't stop anybody from doing anything except suing over the issues that are
raised by the litigation. And that's all we're asking for and that's all the
City will be agreeing to.
Mr. De Yurre: But the bottom - certainly, if there's an issue of you moving
or not moving and who's going to pay for it, one of the allegations has to be
the fact that you own it according to your position.
Mr. Dawkins: That's right.
Mr. De Yurre: If not, there's no reason to go to court over a move. OK?
96 April 27, 1989
Mr. Rifas: I can't stop the City from litigating.
Mr. De Yurre: So, eventually, it comes down to the basics which is, you own
It and we say we own it...
Mr. Rifas: That's correct.
Mr. De Yurre: OK, so I can't, you know, vote for something like this knowing
that we can't do a thing about it for ten years.
Mr. Rifas: No, sir, our proposal doesn't prohibit the City from litigating
anything except the issue of ownership of this piece of land.
Mr. De Yurre: But that's going to become an issue if we end up in court over
you moving over a hundred feet or two hundred feet and who's going to pay for
building your new structure?
Mayor Suarez: We're going to try to carve that out, Mr. Vice Mayor. We're
going to try to carve that out to make sure that we are in compliance with our
plans for the island, which, as of now, they're exactly where we want them to
be. So, we don't even contemplate a problem with it.
Mr. De Yurre: Well, but that may, you know...
Mayor Suarez: Anything, anything can change.
Mr. De Yurre: OK? So, if we can do away with that, then I got no problem
with it.
Mr. Plummer: It's amazing what all those paper planes will do.
Mr. Dawkins: OK. Mr. Mayor, if this vote that we're getting ready to make,
is to continue to allow Chalk's to squat there for ten more years, OK? -which
gives them ten more years to tell us we don't own the land that they do, I
can't vote for it, OK? Now, this gentleman has just admitted that they're
only interested in getting out of court, they don't want to go to court to
fight this, so...
Mr. Rifas: Mr. Dawkins, that's not what I... that's not been said, that's not
a fair comment.
Mayor Suarez: Wait, wait, wait, wait, he's not interrupting you and you don't
interrupt him. Commissioner, complete your statement. Please, counselor.
Mr. Dawkins: I'll rephrase it. I understood, from the statements made, that
Chalk's Airlines is desirous of not going to court. Now, and they will give
you $15,000 a year for 10 years if you don't go to court. That's my
understanding. If I'm in error, I stand corrected, OK? Now, you just
admitting that we own the land, but if you all give us... now, I don't know
what the limitations are, I am not ,going to go back, but I am going to get the
University of I;iami or Nova School or somebody to do some research. The. eIs
something magic about ten years. I don't know if ten years mattes it mandatory
that you can't kick them off. I don't know what it. is -aagical about ten
years, but there's something magical about ten years that they don't vane to
go to court for ten years. OK? So now, but if you, this Commission, wants to
give away the rights to go to court to negotiate who own the property, I can't
do anything about it but vote no.
Mr. Plummer: How long have they been there?
Mayor Suarez: Call the roll on the motion, please.
Mr. Plummer: Excuse me, let me ask one question, Mr. Mayor. How long has
Chalk's been there?
Mr. Rifas: Chalk's has occupied their present position since 1922.
Mr. Plummer: OK.
Mayor Suarez: Call the roll.
97
IN
April 27, 1989
WA
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 89-396
A MOTION DIRECTING THE CITY ATTORNEY TO REVIEW
PROPOSED SETTLEMENT CONTRACT AS PROPOSED BY MR. HAROLD
M. RIFAS, COUNSEL FOR CHALK'S AIRLINES FURTHER
DIRECTING THE CITY ATTORNEY TO SIT DOWN AND
RENEGOTIATE WITH SAID INTERESTED PARTIES, AND TO COME
UP WITH A CONTRACT INCORPORATING ALL CONCERNS FROM THE
CITY COMMISSION AND TO BRING IT BACK FOR FINAL
CONSIDERATION BY THE COMMISSION OF THEIR SETTLEMENT
OFFICER.
Upon being seconded by Commissioner. Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Vice Mayor Victor De Yurre
Commissioner Miller Dawkins
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. De Yurre: Along with the understandings that I expressed? Yes?
Mr. Rifas: You'll have to express them again if I...
Mayor Suarez: Well, no, no, no the motion's as made unless we've got a
modification of the motion is only as made, he can...
Mr. Rifas: I understand.
Mr. De Yurre: Well, then, if that's the case, I've got to vote no.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: I thought you weren't going to let me vote on this one. Thank
you. We'll see if we can hammer out the final one or not. We shall see.
Mr. Fernandez: I will be back to you at the next City Commission meeting.
Mr. Dawkins: Can I make a motion?
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: No, it's amazing that you are so generous with Chalk's Airlines
and we've got a guy over there fighting to survive with a helicopter. I make
a motion that that guy be allowed to stay there for 10 years just like Chalk's
Airlines.
Mayor Suarez: So moved. I think the reference is to Mr. Terkeurst...
Mr. Dawkins: Yes, it is.
Mayor Suarez: ... and what is the name of that operation?
Mrs. Kennedy: Maybe he could pay some rent too.
Mr. Odio: Dade Helicopter.
Mr. De Yurre: What's the status on that?
Mayor Suarez: Dade Helicopter.
Mrs. Kennedy: They give us free time.
98
April 27, 1989
Mr. Plummer: Well, I would vote for the motion to this extent. That the City
Manager sit down and negotiate - well, but, Vol) see, wait a minut.e, I got a
problem there. I got a problem because that is not part of the master plan as
it exists there today. Now, if you're saying Commissioner, in compliance with
that master plan to give t.hem the right t.o have the same rights as what
Chalk's has, that's a different story. But. in the master plan, they are
definitely moved from their location.
Mr. Fernandez: You have instructed me...
Mayor Suarez: I would vote against the motion, but I think you understand my
reasons. The gentleman didn't even comply with the prior terms of the
agreement we had worked with him which was extremely generous and we would
have to go into competitive bidding situation for me to allow any other
helicopter service on that island. And I'd like to have some on the island, I
think it makes sense to have it there. Within the constraints of the master
plan as J. L. was saying.
Mr. Dawkins: The motion died for lack of a second. Go on.
Mr. Fernandez: Well, you have, let me clarify this. Mr. Mayor, you have
instructed me to evict Mr. Terkeurst...
Mayor Suarez: That's still pending unless we change that, Mr. City Attorney.
Mr. Fernandez: I'm proceeding full blast ahead in court proceedings to get...
Mr. Dawkins: OK, and I want you to be ready to be sued if the gentleman shows
that he did comply with our rules. I'm going to be suggesting that he go to
court and sue us for evicting him wrongly.
Mr. Fernandez: I only do what three of you tell me to do.
Mr. Dawkins: OK, all right.
Mr. Plummer: That's the problem around here because there's five.
Mr. Fernandez: No, but three of you carry the day anytime.
Mayor Suarez: Item...
Mr. Plummer: The only problem is when you choose who those three are.
Mr. Fernandez: I only do that in public. You do that here yourselves.
-------------------------------------------------------------------------------
24. DISCUSSION REGARDING STATUS OF INSTALLATION OF PARKING METERS IN PARKING
LOT 56 (BISCAYNE & 36TH STREET) AND LOCATION OF ADDITIONAL MIETERS IN
N.E. AREA.
-------------------._------------------__-------__----------------------_-------------
Mayor Suarez: Item 14, Vice Mayor, this...
Mr. Plummer: Also, three to get a nev, City Attorney.
Mayor Suarez: Installation parking meters, parking lot 56. This sounds like
something we could take care of very quickly, can we not?
Mr. Plummer: What number?
UNIDENTIFIED SPEAKER: Fourteen.
Mr. Plummer: Fourteen.
Ms. Rosemary Canals: Rosemary Canals, executive director for the Greater
Biscayne Boulevard Chamber of Commerce.
Mayor Suarez: Wait a minute. What is the issue, Mr. Vice Mayor or Mr.
Manager or somebody that maybe can...
99 April 27, 1989
Mr. De Yurre: It's parking lot.
Mayor Suarez: We can get through this quickly. I mean, very nice to have a
presentation, but is this a controversial item or is there something we can
act on?
Mr. Plummer: As I understand it, briefly, it takes a written consent of the
owners. They're asking that owner or occupant be made in the change so that
they can proceed.
Mr. Odio: Let me say something, Mr. Mayor...
Mr. Plummer: If you're briefer than that, God bless you.
Mr. Odio: No, what I'm saying is, there is a procedure in place that was
established a long time ago that when meters are wants to be removed, they be
removed, and when they want them installed, that they don't have to come to
the City Commission so I don't know why lie's here. They don't have to come
here. There is a procedure in place.
Mayor Suarez: Yes, the procedure was set up so that the Off Street Parking
Authority could do this without our involvement.
Mr. Odio: But they have to check with the...
Mayor Suarez: If they followed the correct procedure. Do we have any problem
with the proposal? Mr. Manager? Mr. Vice Mayor, anybody?
Mr. Odio: I haven't seen it.
Mr. De Yurre: Well, let's hear from Jim.
Mayor Suarez: Are you in favor, Jim?
Ms. Canals: OK, so we're here to get them approved.
Mayor Suarez: Everybodys' in favor?
Mr. Jim Angleton: We're requesting 200 meters.
before the Commission.
We thought we had to come
Mayor Suarez: Plus, we don't think that we even need Commission approval and
everybodys in favor.
Mr. Angleton: Are we OK, can we just go ahead ?
Mr. De Yurre: Well, the store owners have to be in favor or the tenants.
Mayor Suarez: Right.
Mr. De Yurre: OK, so just a matter of getting them installed.
Ms. Canal,: Thank you.
Mr. Angleton: Thank you.
Mr. De Yurre: OK, so much for that. Great.
Mayor Suarez: Right. Beautiful.
Mr. Angleton: Thank you very much.
Mayor Suarez: We don't even need. Are you sure we don't even need a
Commission vote? OK, the Authority is empowered to do that as long as they
follow the proper procedure.
100 April 27, 1989
25. A. DISCUSSION CONCERNING DEMOLITION THROUGHOUT THE CITY BY ONLY ONE
COMPANY.
B. INSTRUCT CITY ATTORNEY TO PREPARE ORDINANCE STIPULATING THAT ANY
TEMPORARY CERTIFICATE OF OCCUPANCY (C.O.) ISSUED MUST HAVE A MINIMUM OF
10 PERCENT OF PROJECT COST PLACED 121 A BOND.
Mayor. Suarez: Item 15, Mr. Vice Mayor.
Mr. De Yurre: Yes, Mr. Mayor, one thing that - and we started discussing this
at the last Commission meeting - and that is structuring a bidding process
wherein we get only one company to do all the demolition for the City without
having to bid out each individual property which prolongs the process by a
couple of months. If we can bid it out on a wholesale basis, on a square
footage, whatever it is, for one company, we could just call up and then to
demolish, we can save about two months in the process. And I'd like to see we
can get some information from GSA, (General Services Administration) but I'd
like to get that approved by this Commission so that we can expedite the
demolition process.
Mayor Suarez: Yes, and get some economies in scale in the process of
demolition and, by the way, how much of that $500,000 fund is left, if any?
The demolition fund that we set up a couple of years ago?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: OK, does the Vice Mayor's proposal something that makes sense
for us to do to try to come up with a contract for more than one demolition at
a time if you were not already doing that?
Mr. Ron Williams: Mr. Mayor, I...
Mayor Suarez: And how many would it make sense for us to contract to do?
Mr. De Yurre: On an annual basis.
Mayor Suarez: On an annual basis, maybe?
Mr. Williams: We've gotten kind of an alternate proposal, if I may explain
it. We've worked with the Law Department and really have gotten a lot of help
with them to identify these demolitions literally in the category of
contractual services where we might be able to sit with a couple or three
vendors and negotiate a contract. Thus, eliminating that formal written bid
process...
Mayor Suarez: A contract for how many?
Mr. Williams: Based on the item itself, with the individual...
Mr. Plummer: 11hy not...
Mayor Suarez: No, no, see, that's exactly contradictory to what he's saying,
he's saying for many, many of them so that you get a cheaper price on a per
unit basis, on a per demolition basis.
Mr. Plummer: Why aren't we doing it in-house?
Mr. Williams: But, Mr. Mayor, they have to be identified before we can do
that.
Mr. Plummer: Why aren't we doing...
Mayor Suarez: And we got another Commissioner who is almost out of the house
here, but he's sort of in here who wants to do it in-house.
Mr. De Yurre: State your name and address, please.
Mr. Plummer: My name is Victor Dusty De Yurre.
101
April 27, 1989
Mrs. Kennedy: Do you swear to tell the truth, the whole t.ruth...
Mr. Plummer: My ed.dress is all over the City of Miami and sometimes Dade
County. Why ctn't F-e do it. i.n-house? We don't have to go through that
procedure that's long and drawn out of competitive bidding. There's no
question by anybody. Why aren't we doing it in-house?
Mr. Williams: Mr. Plummer, in response to that, we've not evaluated from that
position, we've not determined the nec...
Mr.. Plummer: Well., when in the hell are you?
Mr. Williams: ... we've not determined the necessary equipment that's
required, whether we have it available.
Mr. Plummer: You got the same piece of equipment out here last week that I
watched here the house down in Coconut Grove, that big front end loader, you
got the trucks to haul it off. Now, what else do you need?
Mr. Dawkins: The cranes to pick it up.
Mr. Plummer: They don't - no, the front end loader just picks the stuff up
and puts it in the truck.
Mr. Williams: Obviously, Commissioner, that equipment would...
Mr. Odio: Commissioner Plummer, I'm going to tell you this. I don't know if
we have the expertise. I don't know and I have to look at it, if we're going
to send equipment in there...
Mr. Dawkins: Well hire three people.
Mr. De Yurre: Well, check with Commissioner Kennedy, she knows if we got the
expertise or not.
Mr. Odio: ... and have a house fall in top of somebody here. You know, we
haven't never done demolition so I just want to put that...
Mr. Dawkins: Well, hire three demolition experts.
Mr. Plummer: That's right, and we've never had the damn sorry state of
conditions in this City that we presently have. I'm tired of doing business
as usual. We're getting the same results as usual..
Mr. Odio: We are not.
Mr. Plummer: I'm not happy with them and the public is not happy with them.
Now, here...
Mayor Suarez: You're giving my opponent great quotes to use in a campaign,
you know.
Mr. Plummer: No, Jack has, got other quotes. That got him defeated before,
it'll Let him defeated again. But that's all right. I'm saying, I think that
we can expedite, we can do it cheaper and we can start really cleaning up this
City like we need to do. And I think we can do it in-house.
Mrs. Kennedy: Look into it...
Mayor Suarez: I really have a doubt about that, but I understand your point
that maybe we ought to at least look at the possibility of doing it ourselves.
Mr. De Yurre: We can study that. Meanwhile, while that doesn't prevent us
now from moving on this.
Mayor Suarez: OK, Mr. Vice Mayor, your idea is that we ought to be doing
contracts for more than one so that maybe they'll be cheaper on a per
demolition basis. Does that...
Mr. De Yurre: No, and it saves time. You know, if we get like on an annual
basis, put out a request for the most inexpensive company to come in and say,
we'll do all demolition for X square per square foot.
102 April 27, 1989
Mayor Suarez: Yes, we're doing at least. We know we're doing at least X
amount a year. At least a hundred a year and we can start on a...
Mr. De Yurre: Or more.
Mr. Williams: The difficulty with that is the individuality associated with
the demolition itself. Yes, we can do that if it's a blanket, knockdown, pick
up the boards and walk away, but...
Mayor Suarez: They're not fungible demolitions, OK. Yes, they're
Mr. Williams: But, quite often, you know, there are various conditions that
have to be considered. At the worst of all, are environmental considerations
and it's very difficult for somebody to blanketly take that into
consideration. We proposed initially when one of these discussion with the
Law Department that we qualify several companies that could do this kind of
work.
Mayor Suarez: How about one for all single family homes of a typical size?
Between 1000 and 2000 square feet or something?
Mr. Williams: Yes. I think we can do that, but, Mr. Mayor, if you'll let me
explain to you what I think we worked out with the I.aw Department that will
work just as well and still give you the competitiveness that you want and
that is, that once...
Mayor Suarez: And the time, and the time, Ron, because what happens, I guess,
is by the time we get someone and get them signed up to do the agreement, I
mean to get the agreement signed up and ready to do the demolition, that also
takes additional time and he's trying to cut through that by having one that
you just call up, give them the address, hopefully, the right address and...
Mr. Williams: This process will be extremely expedient and let me explain it.
It basically provides that we bring in a couple of vendors that we feel are
qualified. Basically, we've worked with them and know of their
qualifications, identify the piece of property that's necessary and sit down
with them, receive a verbal proposal they can follow up in writing and award
it to them. This is something that we can do clearly within 72 hours to a
week without any problem, once the property has been identified. And then
you've got the competitiveness in there and you know exactly...
Mayor Suarez: Are you saying you want to have like a list of number that
would come - that would make sense and that you can call anyone of them and
within 72 hours to a week...
Mr. Williams: Essentially, our file that represents the list of bidders or
other companies that have done work for us. For instance, we now know of
companies that can do this kind of work in various levels, in various
categories. We crould contact those companies, go through the process that we
call competitive negotiations and get the...
Mayor Suarez: The Vice Mayor is suggesting that if we choose maybe one, maybe
two companies, maybe three companies and get into a long term agreement with
them, that we can do it for less and do them quicker. Yes or no?
Mr. Williams: The difficulty I have with that is determining the
competitiveness in it.
Mr. Plummer: Determining what?
Mr. Williams: The competitiveness.
Mr. Dawkins: We didn't say competitiveness.
Mr. Plummer: Of the City doing it?
Mr. Williams: No, no, no. We're talking about...
Mayor Suarez: You mean, you don't know if you're going to be able to do it
for less that way?
103 1 April 27, 1989
Mr. Fernandez: Mr. Mayor, I think that there could be a legal may that we can
combine what. Vice Mayor De Yurre's suggesting and what Mr. Williams and we
have been discorsinp about.
Mayor Suarez: Which is?
Mr. De Yurre: Can you have it ready for the next Commission meeting?
Mr. Fernandez: Yes, we'll come about something in writing for you.
Mrs. Kennedy: Can you tell us about it?
Mr. Plummer: Now about before you leave tonight?
Mayor Suarez: OK, while you get that...
Mr. De Yurre: One other little thing that's not on the agenda but I need to
address because a lot of people have been calling me and it's getting to be
kind of a problematic situation and it has to do with this policy that has
been implemented wherein we're getting people charged for CO's (Certificates
of Occupancy) that were not needed years ago, now they're getting billed and I
think the City has been billing about a hundred thousand dollars worth of
dollars for COs that were not required in the past. And this is an issue that
has been going on now for a couple of months at least and my...
Mayor Suarez: The old retroactive billing...
Mr. De Yurre: That's right.
Mayor Suarez: ... of an occupational license that was not in effect at the
time.
Mr. De Yurre: That's right and it is my...
Mayor Suarez: With the money going into whose pocket?
Mr. De Yurre: Well, it's my understanding that with a legal opinion from our
City Attorney's office that this is not defensible in court and what we're
doing is not proper. And if that's the case, I certainly don't want our City
to be involved in this type of activity.
Ms. Edith Fuentes: Vice Mayor De Yurre, to give you a background on what
happened, how come this whole thing got started, when I started working in
Building and Zoning Department, there was about one thousand something open
cases of unfinished and not - building permits not issued final Certificate of
Occupancies, so we went through the entire files and we found out that most of
them were pending because of, let's say, one section was holding an inspection
or there was a rejection or something from Public Works Department or another
department is holding; up the final CO.
Mayor Suarez:: So these had nothing to do with Occupational Licenses.
Ms. Fuentes: 110, not occup tional...
Mayor Suarez: Thesc: had to do vith... vghat kinds, of fees were we imposing?
Ms. Fuentes: Not Occupational License, Certificate of Occupancies.
Mayor Suarez: What kinds of fees were we imposing, the yearly CO fee?
Mr. De Yurre: None. There was no fee.
Ms. Fuentes: No, there was a...
Mayor Suarez: I understand that you had some buildings, I mean, some
properties that have pulled building permits, about a thousand of them, you
said, and that had not completed their construction, didn't have a CO.
Ms. Fuentes: Right, that's...
Mayor Suarez: What fees is he talking about, is the Vice Mayor talking about,
that we were trying to charge then?
104 April 27, 1989
Ms. Fuentes:
Occupancies.
J
Temporary Certificate of Occupancies and final Certificate of
Mr. De Yurre: OK, but it's my understanding that COs were not required in the
past.
Ms. Fuentes: No, the fee on the final Certificate of Occupancy Is built into
the building permit fee. But then, under South Florida Building Code, there
are work or activities that can be done without the necessity of a building
permit. Therefore, what we did in 1966 and '87 is separated the fee for the
Certificate of Occupancy, because let's say, a change of use or a change of
occupancy does not necessarily need a building permit so we cannot, at that
time, you know, distinguish those type of activities. So we have to make a
separate section tinder the permit fees on Certificate of Occupancy. But the
renewals of temporary Certificate of Occupancies has been in our permit fee
for well, I would say, since 1980 or '58, you know, for that matter.
Mr. Plummer: I'll tell you, one of the worst things we got around here is
temporary COs. Let's eliminate them. You agree? Let's get rid of temporary
COs. Do you know the marina where Zamora is, it still has 33 provisions to
comply with a permanent CO?
Mr. De Yurre: Since 186.
Ms. Fuentes: So, what we have done is, I took the position that since the
department...
Mr. De Yurre: Is a defensible position, yes, you can take any position you
want, but the thing is, will it hold up in court?
Ms. Fuentes: Well, what I have discussed with the Law Department is since
this particular section of the South Florida Building Code has not been
clarified, has not been appealed by anybody, is that I am going to appear in
front of the Board of Rules and Appeals and get a final ruling from them or an
opinion on that extension of the temporary Certificates of Occupancy or using
it for more than 90 days. Because, to this date, we have buildings that are
still under temporary Certificate of Occupancies.
Mr. Plummer: I'm going to make you a motion right now to instruct — where's
the Mayor? Mr. Mayor, I'm making a motion at this time we instruct the City
Manager to eliminate completely from our rules, regulations, and ordinances, a
thing called a temporary Certificate of Occupancy.
Ms. Fuentes: It is in the South Florida Building Code.
Mr. Plummer: We have to provide it?
Vicky Leiva, Esq.: No, no...
Ms. Fuentes: And that is one of the steps or one of the procedures.
Mr. Plummer: Excuse me, does the South Florida Building Code say that we have
to provide a temporary CO?
Ms. Leiva: It's at the discretion of the building official.
Ms. Fuentes: ... of the building official.
Mr. Plummer: Well, we want to take that discretion out. We don't want that
discretion. You have cases in this town, today, and I know one in particular,
that's been operating on a temporary CO for better than five years that has 33
vi... I guess they're violations now, that they've never complied with. I
think another good example is Miami Center downtown. How long has that been
open and been operating on temporary COs? I'm saying to you, that once you
give them that temporary CO and let them get in and start operating to try to
get them out is next to impossible.
Mayor Suarez: Here's an alternative. I once litigated against the City the
problem of an indefinite temporary CO that once the City gave and that really
is a problem. I think the Commissioner is right that there's a problem with
temporary COs that just seem to be going on forever. In the Code, if I
105 April 27, 1989
remember correctly, doesn't call for them to be indefinite. I think it calls
for a period of days, I don't know if it's 60 days or 90 days, and you keep
renewing them.
Ms. Fuentes: Uh huh, 90 days.
Mr. Plummer: OK, all right, I tell you how we do that...
Mayor Suarez: And I think that's what he's saying, that there should be
discretion to renew a temporary CO, I mean, you should give a temporary CO for
the period of time the code calls for and that is it.
Mrs. Kennedy: And that's it, yes, that I can...
Mr. Plummer: OK, let me give you one better. I'll tell you how we do this.
She has the discretion through the South Florida Building Code. We have the
discretion that any temporary COs have to be brought before this Commission
for approval.
Mayor Suarez: Or, renewal, renewals, not the initial, because there's going
to be many, many...
Mr. Plummer: Temporaries. You see, once you let them get in...
Mrs. Kennedy: No, renewals make more sense, let them have the temporary and
then not renew it.
Mr. Plummer: But try to get them out.
Mayor Suarez: The Code gives the building official that discretion and for
that certain number of days - what does the Code say? Is it 60 or 90 days?
Ms. Fuentes: Ninety days.
Ms. Leiva: Ninety days.
Mayor Suarez: I think if they're going to renew one, they should come to the
Commission for approval. But I need to have every temporary CO approved under
the code because there's many, many situations where they must issue one
because of some little...
Mrs. Kennedy: I don't know whether coming to the Commission is a good idea.
Mr. Plummer: All right, let's try that.
Mayor Suarez: Remember, they attach conditions to those temporary COs of
things that they have to do that don't make the property unlivable but they
want to complete the improvements and so on.
Mr. Sergio Rodriguez: May I...
Mayor Suarez: Or, yes, and then please, besides the fact...
Mr. Plurr4.mer: With a bond of at least 10 percent that is forfeited if they do
not comply. OK?
Mayor Suarez: You have any problem in all of this being studied and brought
back to us and not ask us to vote on it today because it...
Mr. Plummer: That's fine with me but the longer you do it, the more COs that
are going to be.
Mayor Suarez: I just don't want to get into issues of invoking the rule and
all of that because it...
Mr. Rodriguez: Give us a date.
Mr. Plummer: All right, so then the motion, the motion would read that the
City Attorney come back with the proper ordinance or whatever, that any
extension of a temporary CO beyond the 90 days has to be brought before this
Commission.
106
April 27, 1989
Mr. Rodriguez: May I suggest something on that? Are you sure you want to see
that? You may be burdened with that.
Mrs. Kennedy: That's what I'm saying, I don't think it's a good idea.
Mr. Plummer: We rant to stop all of these temporary COs that never get around
to becoming permanent.
Mr. Rodriguez: I agree with you there.
Mrs. Kennedy: But don't bring it before this Commission.
Mr. Rodriguez: I mean...
Mr. Plummer: All right, let me try another one.
Mr. Rodriguez: Put a deadline for...
Mayor Suarez: The Manager...
Mr. Plummer: That any temporary CO that is issued that a 10 percent of the
project has to be placed in a bond, if not completed within 90 days forfeits
the bond.
Mrs. Kennedy: That'll do it.
Mr. Rodriguez: That one is...
Mayor Suarez: OK, yes, why don't you bring an ordinance of that sort?
Mr. Rodriguez: We can look in that. I think that makes more sense, because,
otherwise, you're going to be burdened with a lot of cases before you.
Mayor Suarez: But hit him with a large penalty so that we don't have these
things...
Mr. Plummer: That's right.
Mr. Rodriguez: Sure.
Mayor Suarez: OK.
Mr. Rodriguez: That makes sense.
Mr. Plummer: That's fine.
Mrs. Kennedy: Second, second.
Mr. Plummer: You bring that back, Mr. City Attorney...
Mr. Rodriguez: Isle, City Attorney?
Mayor Suarez: I;ajor improvement. OK, we have a motion.
Mr. Plummer: I'll anove it.
Mrs. Kennedy: Second.
Mayor Suarez: Second, call the roll on that.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 89-397
A MOTION OF THE. CITY COMMISSION STIPULATING ITS POLICY
THAT ANY TEMPORARY CERTIFICATE OF OCCUPANCY TO BE
ISSUED MUST CARRY A REQUIREMENT THAT A BOND BE POSTED
FOR AT LEAST 10 PERCENT OF THE PROJECT; WHICH BOND
SHALL BE FORFEITED BY APPLICANT IF THEY DO NOT
COMPLETE THE PROJECT WITHIN 90 DAYS.
107 April 27, 1989
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. De Yurre: Can I get back now to my issue?
Mayor Suarez: Mr. Vice Mayor was on the issue...
Mr. De Yurre: Thank you.
Mayor Suarez: ... of whether we can have one, I think one...
Mr. De Yurre: It is my understanding...
Mayor Suarez: No, I didn't remember what it was. The fees being charged.
Mr. De Yurre: Miss Fuentes, Miss Fuentes. Earth to Edith.
Mayor Suarez: Madam Building and Zoning Director.
Ms. Fuentes: Yes, sir.
Mr. De Yurre: It is my understanding that these fees were not for temporary
COs but for permanent COs. Correct?
Ms. Fuentes: The fees that...
Mr. De Yurre: That you're charging now.
Ms. Fuentes: What we have done is we made it that we issue them a temporary
Certificate of Occupancy so that they can complete whatever was spending work
on that building.
Mr. De Yurre: But, a lot of these people finished their work years ago. I
mean, like they're living there and there's no... because there was never a
requirement for a CO. There was never a requirement for a CO. There was no
reason to come.
Ms. Fuentes: No, the requirement for a CO has been in the books since 1958.
Mr. De Yurre: But the City never implemented that. They never requested or
required a CO.
Ms. Fuentes: Vice Mayor, as a matter of fact, I brought with me the documents
that show that upon filling out the application for a building permit, it was
clearly marked and rioted in front of the applicant that the CO is required and
I have all the documents here to show them. And what I have re -quested is that
each and everyone who has received this kind of letter from us to meet with me
on an individual basis and let me meet with them and talk to them and
discuss...
Mayor Suarez: Or, are there some cases where they just simply didn't do the
work, didn't finish the work, didn't complete it, didn't do anything?
Ms. Fuentes: Some of them did not.
Mr. Plummer: Oh, hell, yes.
Mayor Suarez: And you're not going to charge a CO for somebody, you know,
that just didn't do the work, right?
Ms. Fuentes: Some of them they had a pending work, let's say, from Fire
Department, which is a matter of a fire, you know, safety matter and others
108 April 27, 1989
are from Public Works ghat say sidewalk was never done or was never repaired.
There is a pending inspection, let's say, on mechanical because of the air
conditioning shaft or An electrical., you know, switch or something. But, what
I. have requested on each And everyone of them, out of 1,200 cases that we have
sent out, there's only about two that - two or three that came to some of you
and the other 200 Are the ones we are now working on the final stage. But the
1,000 have been very cooperative on all of them.
Mr. De Yurre: They may be ignorant of the law.
Ms. Fuentes: And I would take the time to speak with each and everyone of
them.
Mr. De Yurre: OK, I'd like to hear from the attorney's office. What is our
position as far as this issues concerned?
Ms. Leiva: Our concern, in terms of the legality, is the fact that the
temporary Certificate of Occupancies were never issued. These cases, the two
particular issues that you sent to our office, are beyond the four years
statute of limitation that we could actively go back and notice these
individuals. What has occurred is that the Building Department has issued in
some of these cases, 26 extensions of the temporary Certificate of Occupancy
at $50.00 each extension from 1982 to 1989 and that is what is being
collected. We are concerned with the fact that this violates the four year
statute of limitation just, you know, just to start and secondly, that there
is no authority in the South Florida Building Code by which extensions to the
temporary Certificate of Occupancy can be granted, backdated successively, and
the individuals billed. There would be no problem with the Building and
Zoning issuing requiring these individuals to come in and get their
Certificate of Occupancy and correct whatever violations or whatever work is
still outstanding on those properties.
Mr. De Yurre: Are they required to have a CO, those that are...
Ms. Fuentes: Everyone of them.
Ms. Leiva: Every structure is required to have a CO according to the South
Florida Building Code.
Mayor Suarez: Oh, I see what you were doing. What you were doing is you were
dividing the total span of time between the building permit and the present
into the number of days that you need for an extension and you were saying,
you should have gotten an extension of your temporary CO...
Ms. Leiva: Every 90 days.
Mayor Suarez: ... for each of those 90 days and you owe us what?-$60.00 for
each of those.
Ms. Leiva: $50.00 for each extension.
Mayor Suarez: Well, let me say this, that sounds pretty creative. Anything
within the statute of limitations, we can collect, can we not?
Ms. Fuentes: Four years, four...
Ms. Leiva: Well, there's no authority on the code for extensions of temporary
Certificate of Occupancies...
Mayor Suarez: Yes, I remember litigating that.
Ms. Leiva: And that is and...
Mayor Suarez: Of course, it's not clear that the Code prevents, precludes it
either.
Ms. Fuentes: Right.
Mayor Suarez: Anyhow, why don't we ask them to bring that back to us?
Mr. Plummer: Let me ask a question, who are the two ones in question?
109 April 27, 1989
1
a
Ms. Leiva: I have the properties addresses on that but I think Ms. Fuentes
has the name of the individuals.
Mr. Plummer: Who are the two in question?
Ms. Fuentes: I think R Mr. Gomez., and Mr...
Mr. Plummer: Where is Mr. Gomez' property located?
Ms. Fuentes: It's on 3404 S.W. 14th Street.
Mr. Plummer: Is that a residence?
Ms. Leiva: Yes, it is.
Ms. Fuentes: Yes, sir. And on one of these, as a matter of fact, the
additional is more than the existing building.
Mr. Plummer: But is it a single family residence?
Ms. Fuentes: Single family residence.
Mr. Plummer: And he's the one back from 1827
Ms. Fuentes: Yes, sir.
Mr. Plummer: And he's never got a final CO.
Ms. Fuentes: No, and I have his original application form here as a matter of
fact, it shows very clearly where he was advised from the very beginning that
he pulled the permit, that a CO is required. And this is from the very first
day he signed the application for the building permit.
Mr. Plummer: And the other location?
Ms. Fuentes: The other location is 5261 S.W. 5th Terrace for a Mr. Cruz.
Mr. Plummer: Is that a single family?
Ms. Fuentes: It is a single family residence and exactly the same thing, this
is the original application for a building permit and it's very clearly marked
in here that the CO is required.
Mr. De Yurre: We never followed up on that. So, is it our position that
anything that goes back beyond 4 years, we can't do anything about?
Ms. Leiva: It is our position that the four year statute of limitation would
bar the City from bringing an action.
Mr. De Yurre: tell, the thing is, I wonder how many people that did not have
to pay, have actually, unknowingly, you know, paid?
Ms. Fuentes: On 182, we have about 12 of them.
Mr. De Yurre: Of what?
Ms. Fuentes: For those beyond the four years. Since we started in 187,
notifying them and figure out we should have gone back to 183.
Mayor Suarez: Isn't the statute of limitations an affirmative defense?
Ms. Leiva: It would be an affirmative defense to anything that they would
raise.
Mayor Suarez: I mean, if they didn't raise it, you know, I mean, with all due
respect and if they haven't come in and we made a mistake in our favor, what
the heck.
Ms. Fuentes: Eighty-three and we have about twelve cases in 182.
Mayor Suarez: We may get a few calls after this Commission meeting, I
suppose.
110 April 27, 1989
Mr. Plummer: Let me ask this question, a legal question. Can't we put a lien
against that property so that: it can't be sold?
Ms. Fuentes: The provision of the code is that, the building officials should
notify them of the violation and give them so many number of days. If not,
require that they vacate the property and...
Mr. Plummer: Have you done such?
Ms. Fuentes: We have given final notification on some of them. But most of
them, like I said, have been coming in and discussing their problems with us.
My primarily concern is that each and every one of these open cases be issued
the final Certificate of Occupancy and close the case and start fresh and
clean from there. So far, we only have very few to go.
Mr. De Yurre: Well, I just want to make sure because it rubs people the wrong
way, retroactivity in general, the concept. And additionally, to have to pay
for it when they were never expecting to pay for it. So that's a thing that
has stirred, you know, the people have called me, have a problem with that.
Hopefully, we can resolve this to where, you know, those that don't have to
pay...
Mr. Plummer: Once they get in, you'll never get them out.
Mr. De Yurre: ... won't pay, those that paid, I guess, you know, we'll keep
their money. But I'd like to see if we can avoid anything that might lead us
into trouble in the future from happening.
Ms. Fuentes: I'll work with the Legal Department.
Mr. De Yurre: OK, thank you.
Mayor Suarez: Thank you.
Ms. Fuentes: Thank you.
26. COMMISSIONER INQUIRES OF CITY ATTORNEY CONCERNING TWO ISSUES: (a)
PREVIOUSLY REQUESTED REPORT ON ELIMINATION OF TRANSITIONAL USES, AND (b)
REQUIREMENT THAT APPLICANTS PULLING A BUILDING PERMIT BE REQUIRED TO
COMMENCE BUILDING WITHIN ONE YEAR.
Mr. Plummer: Mr. City Attorney.
Mr. Jorge Fernandez: Yes.
Mr. Plummer: I asked many, many moons ago about two items in reference to
zoning. I've never heard a reply back. The first one is the elimination of
the transitional uses. Where is it? It was voted on by this Commission.
Mr. Guillermo Olmedillo:
tonight.
Mr. Fernandez: For today.
Mr. Plummer: Tonight.
Mr. Fernandez: Tonight.
Mr. Olmedillo: Tonight.
We are on the agenda, items 30 (a), (b), and (c)
Mr. Plummer: The second was an automatic triggering if a person did not pull
a building permit as indicated in their application that in one year it
automatically triggered a review by this Commission. I haven't seen that.
Where is that one?
Mr. Fernandez: I'm going to have to look into that, Mr. Plummer.
III April 27, 1989
U
Mr. Plummer: Is that to indicate nobody's working on it?
Mr. Fernandez: Could be that someone from my office that do planning and
zoning would be working, on it.
Mayor Suarez: Item...
Mr. Plummer: Wait a minute, I'm asking for an answer.
Mayor Suarez: I thought he was going to check it out to see if somebody's
working on it.
Mr. Plummer: Well, Sergio's standing there...
Mr. Sergio Rodriguez: Let me get back to you on that, OK?
Mr. Plummer: Please.
Mr. Rodriguez: I will.
Mr. Plummer: Before 6:00 o'clock. Joe, Joe, I was only kidding about 6:00
o'clock.
Mayor Suarez: Resolved, almost resolved, nowhere near resolved or what?
Mr. Plummer: They'll try to get me an answer.
27. UPDATE ON RELATIONSHIP BETWEEN THE OFFICE OF MINORITY/WOMEN BUSINESS
AFFAIRS AND HOUSING CONSERVATION AND DEVELOPMENT AGENCY - Request report
in 90 days.
------------------------------------------------------------------------------
Mayor Suarez: Item 16 has been handled already. Item 17.
Mr. De Yurre: Yes, Mr. Mayor. I'm concerned that our Housing Department
which has millions of dollars' worth of business does not tie in directly with
our minority procurement program and I would like to have a report given on
that right now and see if we can remedy this, somehow.
Ms. Adrienne Macbeth: Yes, sir, Mr. Vice Mayor, several meetings ago you
asked us to look into this. We did find that there were some problems,
particularly as it related to involving black and female owned companies. We
were approaching some acceptable levels as it related to Iiispanic owned
companies. As a result of that, we gave that to the City Manager, along with
a series of recommendations as to how the two offices could interrelate and we
feel that the Manager has recently approved a set of procedures which will
have us to interface with the housing Authority as it relates to the single
and multiple family rehab program and as it relater to the multiple family
construction program.
Mr. Fie Yurre: So, at this point, you're satisfied with the work that we're
establishing as far as making sure that minority participation exists in that
Department?
Ms. Macbeth: I think the procedures that the Manager just approved, along
with some of the changes that has been made relative to staff. Mr. Bailey and
I have met on this and he's assured me that he will enforce the implementation
of these new procedures.
Mr. De Yurre: OK, then, what I'd like to do is for you to come back in 90
days with a follow up report to see how we're doing.
Ms. Macbeth: We sure will.
Mr. De Yurre: OK. Thank you.
Ms. Macbeth: Thank you.
112 April 27, 1989
--------------------------- ---------------------------------------------------
28. DISCUSSION CONCEP.NING RENOVATION AND RESURFACING OF TENNIS COURTS AT
MOORE FART(.
-------------------------------------------------------------------------------
Mayor Suare: Now, begin the section of the agenda that is reserved for
Commissioner Dawkins.
Mr. De Yurre: You only got one. You only got one.
Mayor Suarez: No, he's got a bunch. Unless they're all...
Mr. De Yurre: He does, doesn't he?
Mayor Suarez: How we doing on the renovation of Moore Park tennis courts?
Mr. Albert Ruder: We have assured - I know Commissioner Dawkins indicated
that his concern is that we don't just do patch up work to this court because
there are several cracks. We are, with Public Works, we've talked, there's
some new technology available that we are trying to get all that information.
We don't have it yet in which we think we're going to be able to resolve the
problem and not just do patch up like perhaps has been done in the past. So,
we're proceeding along those lines and if you want anything technical as to
the process, Jim Kay can explain to you what we're investigating but we think
we're going to be able to resolve the problem and it's part of the 8.3 and
it's going to involve eleven courts and in about 30 days, we should be able to
come to you for authorization to bid the work out.
Mr. Dawkins: But that procedure will be used on all courts in the City of
Miami.
Mr. Ruder: Right, right.
Mr. Dawkins: Like I told you yesterday, I'm going to leave it to you to not
patch...
Mr. Ruder: Right.
Mr. Dawkins: ... but to fix.
Mr. Ruder: Right.
Mr. Dawkins: OK.
Mayor Suarez: Are you the father of the youngster that was very involved in
this?
Dr. Simon Frank: Yes, sir. My name is Dr. Simon Frank. I live at 11400 S.W.
94th Avenue.
Mayor Suarez: When are we going to get you to buy in the City? If you're so
interested in our parks?
Dr. Frank: I'm here to represent Moore Park Tennis Association. The reasons
why I'm here is to request that you allocate the funds to resurface the
courts. Moore Park is actually one of the major tennis centers that hosts the
Christmas Classic and all the international tennis players that play at the
Orange Bowl routinely play at Moore Park. It's really a major, major tennis
center. There's a certain amount of legal liability associated with the
cracks. There's already been one major lawsuit against the City. Injuries
are frequent. About two weeks ago there was another injury, fortunately...
Mayor Suarez: Let me just ask, are they basically asphalt, or do they have
any kind of covering on top of that? Are they have any softer surface at the
top? Don't know?
Mr. Jim Kay: They're concrete, they have an asphaltic surface on the top of
them.
Mayor Suarez: They do have a softer surface than concrete.
113 April 27, 1989
Mr. Plummer: Doctor, let me ask you, what do you pay the City of Miami to
play tennis there?
Dr.. Frank: Sir, the amount that we pay i.s eery, very little. I don't
remember, but I think it's about $10 or $15 annually.
Mr. Plummer: Do we have one rate for residents and another rate for non
residents?
Mayor Suarez: Yes, yes, yes, we're supposed to.
Mr. Ruder: I think we do, I think the rates - we're in the process of
reviewing all rates and I think those are some of the rates that we're looking
at tennis, but they are kind of low.
Mr. Plummer: Yes, $10 to $15 a year is ridiculous.
Dr. Frank: I just want to make the final point. Moore Park is really an
example of racial harmony. You have whites, Hispanics, and blacks playing
tennis there. If you've been there any weekend out of the past ten years,
you'll see major activity with all three groups participating and Moore Park
really can be a showcase for Miami. What we do need is to have those courts
directed - those courts repaired. My son has asked me to thank the gentleman
concerned and Mr. Martinez and Mr. Ruder for their kind cooperation. Thank
you very much.
Mayor Suarez: You may have lost a vote, I don't know. Gentlemen, ladies...
Mr. Dawkins: Well, we're going to fix the parks and they're going to be
reserved for youngsters, we don't have no problem with that.
Mayor Suarez: OK, very good.
29. UPDATE ON THE EDISON CENTER GATEWAY PROJECT.
Mayor Suarez: OK, next item, Commissioner Kennedy. Edison Center Gateway,
progress report...
Mr. Dawkins: Nineteen, nineteen, Madam City Attorney.
Mayor Suarez: Nineteen.
Mrs. Kennedy: want some progress report as to when the work will be
completed.
Mr. Jim Kay: Miss Commissioner, the contractor right now is executing the
contracts for the sidewalk, decorative sidewalk improvements and the
landscaping...
Mrs. Kennedy: OK, my questions very quickly, when are the bids going out?
Mr. Kay: No, the bids have already gone out. They have gone out.
Mrs. Kennedy: They have gone out. OK.
Mr. Kay: The contractor is executing the contracts at this time. We've given
him...
Mrs. Kennedy: OK, so what's the deadline?
Mr. Kay: Well, we're waiting for him to execute the contracts and then we
will proceed. You know, the whole project is not more than about two months
in construction time.
Mrs. Kennedy: OK.
114 April 27, 1989
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30. SUPPORT LOBBYING EFFORTS BY THE MUNICIPALITIES TRUST FUND CORPORATION IN
SECURING STATE FUNDING TO CONSTRUCT A COMMUNITY CENTER.
Mrs. Kennedy: Tor. Mayor, very quickly, I just want to move that we support
the lobbying efforts of the Municipalities Trust Fund Corporation to identify
some state funding to construct a community service center. There's a bill
sponsored by Garth Reeves in the house asking for a million dollars...
Mr. Plummer: Jefferson Reeves.
Mrs. Kennedy: I'm sorry, Jefferson Reeves, bless his soul - asking for a
million dollars. The county did a similar - passed a similar motion the other
day and I would so move.
Mayor Suarez: I'll entertain a motion. So moved.
Mr. Plummer: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 89-398
A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING
THE LOBBYING EFFORTS OF THE MUNICIPALITIES TRUST FUND
CORPORATION IN SECURING STATE FUNDING TO DEVELOP AND
CONSTRUCT A COMMUNITY CENTER TO BE LOCATED IN THE CITY
OF MIAMI, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO
TRANSMIT COPIES OF THIS RESOLUTION TO THE HEREIN NAMED
OFFICIALS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: I think Dade County Day is coming up pretty soon, isn't it?
Mrs. Kennedy: May the 3rd.
Mr. Plummer: Next Tuesday. Tuesday, isn't it?
Mrs. Kennedy: Next Wednesday.
Mr. Dawkins: On the 3rd.
Mayor Suarez: May 3rd, Dade County's going to be in full force up there and
if they've made it the top of their agenda, we want to encourage you to work
with the county and then we'll come in as designated hitters.
Mr. Plummer: Difficult for me even to try.
115 April 27, 1989
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31. UPDATE ON BLOCK -BY -BLOCK INSPECTIONS BY THE FIRE DEPARTMENT FOR POSSIBLE
VIOLATIONS IN THE N.E. AREA.
Mayor Suarez: Block by block inspections of the northeast area. How are we
doing on those, Chief?
Mr. Odio: The last that I saw, we had about twelve hundred and fifty-four
code violations, citations and it's really moving well. And it's only down
on - what 55th Street or...?
Chief Colonel Duke: Yes, we're - Chief Duke, City of Miami Fire. We're down
to approximately 55th Street where we started on 86th Street and worked down.
Other than the off set where we worked around the new school that they're
building there in the Little Haiti area, Toussant L'Ouvert. Combined, we've
got over 2,000 that we've noted so far.
Mrs. Kennedy: What kind of violations did you find?
Chief Duke: They run the complete gamut of abandoned buildings, abandoned
vehicles, trash piles, one complete junk yard, just a variety of everything.
Mrs. Kennedy: I'm sorry, Chief.
Chief Duke: Trash and improperly stored, just...
Mr. Plummer: How about single family houses being used by more than single
families?
Chief Duke: Quite a few of those. To date, we've got, as of the report that
you all should have received before the meeting yesterday or the day before,
22 buildings have been cited before the Code Enforcement Board at this time.
As was anticipated by yourselves when we addressed it here the first time, we
feel that a lot of these will be going before the Code Enforcement Board, you
know, as they're being processed now, is we're identifying owners and so
forth. The 35 to 40 that they're hearing each time now will probably double
very shortly.
Mr. Plummer: What can we do to expedite it?
Chief Duke: Until we get the experience in front of the board, I, you know,
would, not be able to make a recommendation at that point.
Mr. Plummer: Well, I mean, no, what I meant is, why aren't we simultaneously
starting in Coconut Grove and moving north and Flagami and moving east...
Chief Duke: I just had the one area, sir.
Mr. Odio: Were working with the...
Mr. Dawkins: They don't have the manpower, J.L.
Mr. Odio: We're working with the Little Havana Task Force and we have a
meeting May 2nd to prepare another task force to move into that area.
Mr. Plummer: That's what I want to hear.
Chief Duke: The inspectors that have been assigned to this, it's a complete
cadre of all the different inspectors throughout the City. They're all
working together in one team and as a result of that, we've been able to
identify the, you know, the different problems as they've come up and they've
really worked well together.
Mr. Plummer: Let me ask you this, of the so called two thousand, I'm assuming
there's a follow up.
Chief Duke: That's correct.
Mr. Plummer: And what has been the response on these 2,000 for compliance?
116 April 27, 1989
Chief Duke: The response from some of the folks that I've talked to in the
area up there, the community leaders that came here before you, that asked for
this, their response has been very positive. They can see the difference in
the community.
Mr. Plummer: No, the response of the persons cited?
Chief Duke: Oh, it's been very good. We've been getting a great amount of
voluntary cooperation and compliance.
Mr. Plummer: So you do follow up?
Chief Duke: Oh, yes, sir.
Mr. Plummer: OK.
Chief Duke: Absolutely. As a matter of fact, the records even — Miss Fuentes
indicates 65 to 75 percent voluntary compliance at this point.
Mr. Plummer: That's great.
Chief Duke: Yesterday morning, or day before yesterday morning as I left my
neighborhood and I drove the area, you could see a tremendous amount of trash
that had been moved from, you know, the backs of buildings and put on the
street, trees, you know, cut down and so forth, the shrubbery all loaded up.
Mr. Odio: There's another task force that is working in the — what is the
name of that new school?
Chief Duke: They're working this one too. Toussant L'Ouvert, the school
there in Little Haiti.
Mr. Odio: What I wanted, before we move into Little Havana, is, and as I met
with the task force, Commissioner Plummer, is that we had a consent that once
we move in and these violations begin to pile up that we don't have an adverse
reaction to it because it will pile up.
Mr. Dawkins: By adverse, what you mean by adverse reactions?
Mr. Odio: We have found 2,000 violations in this blocks and is the same thing
that's going to happen in that area.
Mr. Plummer: Or more.
Mr. Odio: Or more. We want that the merchants that are asking for it are
fully understanding and that's what we're meeting with them May 2nd of the
consequences when the task force moves in and we will.
Mayor Suarez: Anything further?
Chief Duke: Ile have a preliminary meeting with that group tomorrow before the
full blown meeting with the community.
Mrs. Kennedy: Thank you.
Mayor Suarez: Thank you, Chief.
Chief Duke: Thank you very much.
117 April 27, 1989
32. GRANT 90-DAY EXTENSION TO CARVER DEVELOPMENT CORPORATION AND ST. JOHN'S
COMMUNITY DEVELOPMENT CORPORATION FOR DEMOLITION OF CARVER HOTEL -
Request developers to provide finance plan within a 90-day period -
Instruct Administration to draw up indemnification agreement.
Mayor Suarez: Commissioner Dawkins took care of 22 already, twenty...
Mr. Plummer: What about 21?
Mayor Suarez: I'm sorry, 21. I saw a line across it. Sonny, is that what
you're here on?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mrs. Kannedy: You're on.
Mayor Suarez: We'll skip 21, we'll go to 22. Carver Hotel. Is there any
action that we need take today?
Mr. Sonny Wright: No, I think we're in pretty good sh....
Mayor Suarez: No, no, I'm just asking staff.
Mr. Odio: Not from our part. Sonny and I talked the other day and he said
that the Metro Miami Action Group wanted to take this project over and I guess
that's what you need to tell them, Sonny, and...
Mr. Wright: Yes, I think we've made pretty good progress given the
circumstances. The City Manager has been pretty busy this week but he did
have an opportunity to meet with me very briefly, me and myself and Mr. Larry
Cap who's the director of MMAP and that's Miami Metro Action Plan, Mr. City
Attorney. And I think that they will be able to work together along with us
to resolve this. We've been able to get considerable more support for the
project from people in the community which is very good and so we'd like to
just thank you for the cooperation that you've given us and we will get back
with the City Manager and the director of the Community Development program
for the City of Miami and hopefully, they, being governmental agencies, will
work together with us and we will come back to you expeditiously with a first
step to begin the rehabilitation of this hotel. Beyond that, I have nothing
else that...
Mr. De Yurre: Sonny, 'you say you're getting support in the community. Did
you appear before the Overtown Advisory Board?
Mr. Wright: Yes, Commissioner, we did.
Mr. De Yurre: What was the result of that meeting?
Mr. Wright: The result of the meeting at the Overtown Advisory Board was
mixed. The vote was not in favor of our project. The consensus of opinion
was that they needed more information. We did have some support but we did
not have the total support of that particular board. However, we have the
support of individuals in the community, many of whom were here this morning.
I'd like to mention the tact that the Mayor of OpaLocka, Mr. Bob Ingraham, is
one of them. He wanted to speak. Mr. Garth Reeves, who came to speak on
another matter, is also in favor. And I can go down the lines. A letter
that...
Mr. De Yurre: How many people that live in the Overtown area are in support?
OpaLocka is one thing and I don't know if Mr. Reeves, who lives in Overtown.
Mr. Wright: Well, Commissioner, I think that issue is - I don't live in
Overtown either.
Mr. De Yurre: OK, do you own the property?
Mr, Wright: No, I don't own the property either.
118 April 27, 1989
Mr. De Yurre: Oh, OR. Who owns the property?
Mr. Wright: Ada Mae rastel is the owner of the property. The issue,
Commissioner, is thatthere are some of us who have lived here for a number of
years, I said when I first came before you, that remember what Overtown used
to be and to us, the Carver Hotel represents the last opportunity for us to
connect with our heritage and so I've taken it as others have taken it as
something thatwe should try to make every effort to preserve. And so to the
extent that. you're prepared t.o assist us in that effort, we appreciate it.
But I think that you have to understand that to us it has special. significance
and we're just simply trying to preserve that as you have preserved the things
that are important to you and your heritage.
Mayor Suarez: I was out there between the Commission meeting when we first
dealt with this and this one, the last Commission meeting and this one, and at
least one thing I can say, because right now, it's not worth preserving the
way it looks.
Mr. Wright: No, it's a difficult task.
Mayor Suarez: I can say one thing is that there is a pretty high fence around
it. To get in there, you would have to really go out of your way so at least
it's not a situation of an attractive nuisance or whatever the term is that,
you know, attracts people into it and then they can get hurt. So, that made
me feel a little bit better but, obviously, it has got to be very quick
resolution, Sonny, it is really a blight on that neighborhood the way it now
stands.
Mr. Wright: Mr. Mayor...
Mayor Suarez: As much as it may be worth preserving and...
Mr. Wright: Yes.
Mayor Suarez: ... Dotty Fields showed me, coincidentally, on Saturday, a
picture of what it used to look like.
Mr. Wright: She told me.
Mayor Suarez: And that is a beautiful, beautiful concept, but we're going to
have to start moving on it. Has it been discussed what period of time we're
talking about here?
Mr. De Yurre: Well, it was discussed at the last meeting because I don't
think there was that much time given.
Mayor Suarez: The last time we wanted a report, we just gave a very short
period of time for a report, I think 15 days, this Commission meeting.
Mr. De Yurre: Because
my concern
is that the
Overtown Advisory Board which is
made up of citizens
that live in
that area,
voted it down so, you know, you
talk about preserving
heritages and
here's
the corra-iunity itself saying, or
representatives of
the com:nunit.y
saying, you ltnoe;, we don't want- it. You
know, ray concern is
insurance, is
it insured
at this point in time? Was that
decided?
Mr. Wright: Ilr. De Yurre, let me simply suggest to you that we have a problem
which we acknowledge. The reason why we came before you was to seek your
assistance. At the last Commission meeting, as I recall, you were present,
you suggested that we get with the City Manager, which we have done on a
limited basis given the fact that he was tied up in budget hearings. We also
have gotten back with your director, as I said earlier, for your Community
Development program for the City of Miami. There is support for our project.
Notwithstanding the fact that you mentioned about the Overtown Advisory Board
and I don't propose to debate it with you, I just simply want you to know that
I appreciate your help and to say to you that MMAP (Miami Metro Action Plan)
has indicated and committed to take on the project. Now, I think that I'm in
an area which I have no expertise, I'm not really used to dealing with
government and I spent more time here in the last two meetings than I spent in
30 years. I've never been there, you've never seen me down here. I haven't
been here in 30 years. I'm here now because I want to save something that's
very dear to me and to the black community. And if you would...
119 April 27, 1989
C
Mayor Suarez: The only one that could attest to the last 19 years would be
J.L.
fir. Wright: Well, I think J.L. can attest to it.
Mayor Suarez: And Miller for what, twelve?
Mr. Dawkins: No, eight.
Mayor Suarez: Eight. Seems like twelve.
Mr. Wright: The point is that you people know me. I mean, I think that to
some extent, you me, you know what I stand for.
Mayor Suarez: Do you think you can do it in 90 days, Sonny?
Mr. Wright: I think with your help we can. And I'm asking you to support us
and help us and I believe with your help... and I'm very confident that the
City Manager's going to work with us. Yes, we will do it in 90 days. I don't
think there'd be any question. We'll have it to where we can all be
satisfied.
Mayor Suarez: Oh, sure, I'd...
Mr. Wright: You give us the help, we'll do it.
Mr. Dawkins: What are you going to do in 90 days?
Mr. Odio: I don't know what he wants us to do yet, that's what I'm trying to
find out.
Mr. Dawkins: See, that's why I need to know what in 90 days, what are we
looking at with it?
Mr. Wright: I think that the...
Mayor Suarez: The last time you asked for demolition monies to be used for
improvement. That we can't do, but...
Mr. Odio: Maybe I misunderstood because I was in a budget hearing, Sonny.
You told me that Metro Miami Action Plan was going to take this over and they
had the funds and they would do the whole project.
Mr. Wright: Well, no, I think what we have here, Commissioners, we have a
situation where what we need is we need a consensus of opinion, a meeting of
the minds, and we need the cooperation of all parties.
Mayor Suarez: Well, Sonny, how about this? If they held out the money that
we have for demolition not for you to spend it to shore up the walls or
anything like that, but just in case that complete financial package we put
together within the 90 days, to the satisfaction of the Manager, would be
acceptable to restore, or at least begin the restoration, to a much better
structural and ctherori.se use, that :night make some sense. But I could never
vote to give monies that are waiting to be used for demolition to shore up
some walls, you know, to the tune of $20,000 when you need... how much do you
need to get it...
Mr. Wright: Well, I think what you're suggesting is good and that's what we
need to do. We need to be able to have the opportunity to talk, as you just
suggested, and I believe that that would be a beginning. I believe that
between the various entities that's involved here, that there's no question
we'd be able to structure a relationship that will enable us...
Mayor Suarez: I assumed all along that you have a report from a structural
engineer that the place can be...
Mr. Wright: Yes, we do have a report from the structural engineer which is a
part of what we've submitted to your Community Development Agency.
Mayor Suarez: Because people have to understand that the unsafe structures
determination for demolition is not based on necessarily the actual soundness,
120 April 27, 1989
it's based on the calculation of whether it costs more than half of the value
of the property to bring, it back up to code. And so it could conceivably be
slated for demolition even though it could still be also fixed up if you get
the funds And I don't know if you'll be able to get the funds in 90 days.
Mr. Wright: b?ell, ghat we've pot end I see your directors is here from your
Community Development Department, .,-hat we...
Mrs. Kennedy: Sonny, let me ask you A question. I'm sorry I have to step out
of the room. Were you able to get money from the State?
Mr. Wright: Well, we have not approached the State for any funding. Mr.
Frank Castaneda, who's your director of Community Development, along with his
assistant, Mrs. Miranda Albury, encouraged us to apply for a grant from the
office of OCS (Office of Community Services) together with St. John's
Community Development Corporation which was a qualifying nonprofit
organization and, as I understand it, that grant is still in process. So
that's part of what could happen. If there are funds that could be available
from the state, there's no question that we would have the support of the
people that represent us in the State.
Mayor Suarez: Well, you have one pending application for $600,000. To whom
is that?
Mr. Wright: That's, I believe, with the office of — Mr. Frank Castaneda can
speak to that better than I can.
Mayor Suarez: Oh, wait a minute now.
Mr. Dawkins: Wait a minute, wait a minute. Let's hear from Sergio.
Mr. Rodriguez: The position that we have from the point of view of the
building being unsafe remains, the building isn't safe. We're concerned that
there's some liability involved in keeping the building the way it is. We
understand the efforts of Mr. Wright in trying to preserve something that is
part of black history in Overtown but my concern at this point is in the
health and safety that the building is bringing to the area. There seems to
= be a tremendous amount of money required, first, to secure the building and
then second, to restore it back to the way it was. I, at this point, there is
nothing that we have that will assure us that the building will be restored in
any way. I asked for some help from the Law Department in looking in other
cases in which you have delayed the demolition of the building in cases where
you felt that there was a reason to delay after the Unsafe Structure Board
took an action and there's certain conditions involved in that that were
covenant by the applicant or the people that were trying to protect the
certain building. If you want to, we can work out something of that nature
that will protect the City's interest. 'There will be some language over there
I that will exempt us from some liability and it will be brought before your
attention at that point. If you want to go that sway and that it will spell
out a certain amount of time by which they taould have to bring the building
into compliance and what kind of protc:cti.on v7ill be given to the City and � hat
kind of assurances will be given. If you want that, I think, with the help
from the Law Department, we can bring it up to your attention and you can make
a decision why you want to go that way.
Mr. Dawkins: Mr. Castaneda. Mr. Wright, how much money are you talking
about? An estimate of what it will take to do the project?
Mr. Wright: We have a schematic drawing of what we propose to be there. We
haven't got working drawings but it would be somewhere in the neighborhood of
a million dollars, I believe, to create what we envision as being a first
class facility which all of us can utilize as a meeting place for people in
the community as well as a restaurant type of a facility which is envisioned
by Ronald Fraser and his folk life village plan which is part of what this
particular building...
Mr. Dawkins: And the million dollars would come from where?
121
April 27, 1989
Mr. Wright: It would be a combination of financing that would come, possibly,
through the grant which Mr. Frank Castaneda's office have submitted to Senator
Lawton Chiles to the Office of OCS and they are in touch with Senator Connie
Mack in that regard.
Mr. Dawkins: ;To who?
Mr. Wright: Senator Connie Mack.
Mr. Dawkins: Oh, he's in town now tomorrow, did you talk with him to find out
what he's doing?
Mr. Wright: I haven't spoke with him at all.
Mr. Dawkins: OK, thank you, go ahead.
Mr. Frank Castaneda: Commissioner, there was a half a million dollar
application submitted to OCS, which is part of HRS, (Health and Rehabilitative
Services) Health and Human Resources, for half a million dollars through St.
John's for this particular project. To tell you...
Mr. Dawkins: St. John's to do what to the project?
Mr. Castaneda: For the rehab of this building in the Overtown area. To tell
you the truth, I'm not very optimistic at this time in that this is going to
be approved.
Mr. Dawkins: OK, if you get the half million, let's say, Mr. Wright, where
would the other half million come from?
Mr. Wright: Well, we had initially not planned to petition for the half
million which Mr. Castaneda made reference to. We had no knowledge of it.
What we had initially attempted to do and planned to do was to use a
combination of funds which would be available through your Rental
Rehabilitation Program and this has been submitted to them and it's on their
agenda as well...
Mr. Castaneda: They...
Mr. Wright: ... may I, please? As well as funds from the private sector.
Mr. Castaneda: They have submitted an application to the Housing Department,
I believe, for one million dollars for a multi family rehab loan. Is that
correct?
Mr. Dawkins: Well, wait now...
Mr. Wright: No, we haven't come up with the exact amount of dollars. What we
did, we went to your department, Community Development, I think, or
Development. Whatever it is, it is in the Dupont Plaza Hotel and we submitted
to them a plan which encompassed a multi purpose type building which is what
brought us to Mr. Frank Castaneda's office because we understood that the
conmiercial part of that could not be financed under- that program. The long
and the short of it is that we would use both conventional financing to the
extent that it :eras obtainable a:.< well as any other financing vhich may be
available through your City programs.
Mr. Dawkins: Then - I don't know what we're going to do, but in the event
that this Commission extended the deadline for 90 days, could the financial
package be in place and all the money be in place in 90 days?
Mr. Wright: Well, again, I have a great deal of confidence in the City
Manager and I believe that...
Mr. Dawkins: But you see, you see - wait a minute, see, you keep telling me
the City Manager.
Mr. Wright: I was...
Mr. Dawkins: Wait a minute now, listen to me.
Mr. Wright: OK, I'll listen.
122 April 27, 1989
Mr. Dawkins: You keep telling me the City Manager. This is not the City
Manager's project. This is your project. I want you to tell me what you are
going to do so that when it falls through, I have to hold you responsible and
you and I cannot point a finger to the City Manager and say the City Manager -
Mr. Manager, you better listen to this. No, you're not, see. So that we
cannot point a finger to the City Manager and say, well, I said that the City
Manager was going to do this and he didn't say no, so I had to assume that he
was correct.
Mr. Wright: Your point is well taken, Commissioner.
Mr. Odio: Sonny, you said... no, I'm not a Commissioner. You said that Metro
Miami was going to do the project and I said, fine, and I walked away.
Mayor Suarez: Metro Miami Action Plan.
Mr. Odio: Plan, right.
Mr. Wright: Let me say this to the Mayor and the City Manager and the
Commissioners. I'm used to taking responsibilities, this is nothing new for
me. I will assume this responsibility, to answer your question directly,
Commissioner. In 90 days we'll be prepared to submit to you our plans to
complete that project. I would just hope that... and I feel assured that we
will be able to get the cooperation from your people in the City. But I
assume that responsibility and I feel that we'll be able to accomplish it.
Mayor Suarez: All right, Commissioners, we got to act on this. Everybody, I
think, knows the facts. We're going to give 90 days or we're not going to
give 90 days.
Mr. Odio: Sonny, I don't think that building is repairable. I hope you're
right.
Mr. Wright: Mr. Manager, let me suggest to you that if you don't have faith,
and I'm not speaking of you, I'm speaking of me now, but everything has to
begin with faith. I believe that this can happen. With your help and I'm not
putting the responsibility in your place, but I know you can to help me. With
your help and the help with the Mayor and Commissioners, we'll make it happen,
it'll happen.
Mayor Suarez: OK, Commissioners. Do we need to act on this at all? What
happens if we don't act? You proceed with demolition.
Mr. Rodriguez: Right, I delayed the demolition last time pending your
decision and then you delayed the demolition again pending your decision. The
Unsafe Structural Board decided already to demolish - I mean, asked us to
demolish the building.
Mayor Suarez: Nobody else moves, I'll...
Mr. Plummer: I guess I was one that was around that remembers the Carver
Iiotel - when it was built, yes -• and I got the faith even though the Manager
is an atheist. I'll move it.
Mayor Suarez: I'll second. Ninety day extension.
Mr. Plummer: Yes, sir.
Mayor Suarez: You have to have a complete financing plan within 90 days,
otherwise gone, endo.
Mr. Plummer: And God help us all, you know, but...
Mayor Suarez: Yes and keep that fence as high and as sturdy as possible,
Sonny.
Mr. Wright: Mr. Plummer, thank you. And I know where you're coming from...
Mayor Suarez: Wait, wait, we haven't even voted yet...
Mr. Wright: OK.
123 April 27, 1989
Mayor Suarez: ... and thanks is not a good idea at this point anyhow.
Mr. Wright: All right.
Mayor Suarez: We have a motion and a second. Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 89-399
A MOTION GRANTING REQUEST BY REPRESENTATIVES OF THE
CARVER DEVELOPMENT CORPORATION AND THE ST. JOHN'S
COMMUNITY DEVELOPMENT CORPORATION FOR A 90-DAY
EXTENSION IN CONNECTION WITH THE DEMOLITION OF THE
CARVER HOTEL; FURTHER REQUESTING THAT SAID PARTIES
SUBMIT A COMPLETE FINANCING PLAN TO THE CITY WITHIN
SAID 90-DAY PERIOD, AND FURTHER INSTRUCTING THE CITY
ATTORNEY TO WORK WITH THEM AND TO DRAFT AN APPROPRIATE
INDEMNIFICATION AGREEMENT IN CONNECTION WITH THIS
PROJECT.
Upon being seconded by Mayor Suarez, the motion was passed and adopted
by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mrs. Kennedy: For the sake of faith, yes.
Mr. Dawkins: Does this include the wording that you said that we needed to
work out with the City Attorney to indemnify the City?
Mr. Rodriguez: I don't believe you included that in your motion I think that
you just extended for 90 days the demolition of the building.
Mayor Suarez: You want an indemnification agreement, is that what the
Commnissioner's suggesting?
Mr. Rodriguez: There's certain language over here that I would like to work
with the City Attorney that will help you.
Mayor Suarez: Mould the movant accept that?
Mr. Plunli-r;er: Yes.
Mayor Suarez: I'll accept it as a second to the motion.
Mr. Dawkins: Second... yes.
Mayor Suarez: I don't have much faith yet, but, I mean on this, but I have a
little hope and charity left, so maybe... yes.
Mr. Wright: Thank you all.
NOTE FOR THE RECORD: At this point, Commissioner Plummer
acknowledged the birthday of his godson, Jorge Bolivar.
124 April 27, 1989
33. DISCUSSION CONCERNING THE NEWSRACK ORDINANCE - Instruct Administration
to enforce existing ordinance and report at each meeting how many boxes
have been removed.
Mayor Suarez:
Dawkins item.
OK, item 23. Purchase of garbage equipment, Commissioner
Mr. Plummer.: Oh, twenty... wait, wait a minute, what about 22?
Mr. Ted Stahl: Excuse me...
Mayor Suarez: I thought we did that.
Mr. Stahl: No, we didn't.
Mr. Plummer: No, he did not have the chance to discuss his...
Mayor Suarez: The reappearance of Ted Stahl.
Mr. Stahl: All we're asking, the Chamber of Commerce and our Town Meeting of
over 350 people is this why this item is being brought up today, is we want an
answer from this Commission...
Mayor Suarez: But wait, but wait, but wait... we dealt with the item and I
want to remember what we did. We may have already taken care of the answer
you're looking for...
Mr. Stahl: No.
Mayor Suarez: ... what was the decision that we asked you...
Mr. Jorge Fernandez: You have instructed the City Attorney to come back to
you with either an amendment to the existing ordinance where we differentiate
between protected speech and commercial speech of the kind that Mr. Plummer
identified or come to you with some other recommendation.
Mayor Suarez: To solve the problem that...
Mr. Stahl: That's not what we're asking for.
Mayor Suarez: OK, what are you asking for then, Ted?
Mr. Stahl: We're asking that this Commission instruct the Public Works to
enforce the existing ordinance, that's all.
Mayor Suarez: That's what I understood...
Mr. Stahl: They'll all be gone tomorrow then.
Mayor Suarez: That's :ghat I understood that we did, subject to the
constitution, Ted.
Mrs. Kennedy: That's no problem, so moved.
Mr. Stahl: It states very clearly in the ordinance, our problems, and they're
not being enforced.
Mayor Suarez: The constitution takes precedence over our ordinance, Ted.
mm
We're asking the City Attorney to see if we can either modify the ordinance or
enforce it as it is constitutionally.
_ Mr. Stahl: What does that have to do with - we're not asking to enforce that,
we're asking why the City does not enforce maintaining these boxes. That has
nothing to do with the first amendment.
�h
Mayor Suarez: Let's see.
` Mr. Stahl: That's what we're asking. They're a mess, they're filthy...
=Jf 125 April 27, 1989
Mayor Suarez: What?
Mr. Stahl: ... and we want them cleaned up.
Mayor Suarez: Wait, let me get one thing clear. What criteria do we have in
the ordinance as to what the racks are supposed to look like, if any?
Mr. Jim Kay: OK, the racks cannot be changed. That's generally taken care
of, the racks have to be maintained...
Mayor Suarez: What else do we have in the ordinance about the look or the
appearance?
Mr. Kay: Well, they cannot be scratched, they cannot have faded paint on them
and this kind of thing. A lot of that is...
Mayor Suarez: That's all in our ordinance?
Mr. Stahl: Yes and that's all of them.
Mr. Kay: Yes, it's in the...
Mr. Plummer: What are you doing if they're not in compliance?
Mr. Stahl: They're supposed to be taken off.
Mr. Jorge Fernandez: They can be removed.
Mr. Plummer: Are they being removed?
Mr. Stahl: No.
Mr. Kay: Not at the present time.
Mr. Plummer: Why not?
Mayor Suarez: Do we have any legal problems with that, just removing,
pursuant to the other...?
Mr. Fernandez: Well, I'm looking for my code book. Mr. Clark apparently
walked away with it, but my recollection of the ordinance is that we have a
provision for removal if the person or entity that placed it there fails to
keep it up in a proper fashion. We have no problem with opining that that is,
in fact, legal and that we can move on that.
Mr. Plummer: Well, then, let's do it.
Mayor Suarez: Let's do it.
Mrs. Kennedy: So moved.
Mr. PlurLmer: Do it.
Mrs. Kennedy: If you need a motion, second it.
Mr. Kay: O}C, it would be done at the discretion of the department is what
we're saying.
Mr. Plummer: No, no no, no. Discretion of the department means, in three
years you might get around to it.
Mr. Kay: No, no, no,no.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: I asked...
Mr. Kay: Right.
Mayor Suarez: Yes, they have to judge whether it is a violation of the code,
sure.
126 April 27, 1989
Mrs. Kennedy: Discretion on the indi... sure...
Mr. Plummer: All right, I asked that from all subsequent Commission meetings,
that we have a report from you how many have been removed.
Mr. Kay: We'll give that to you.
Mayor Suarez: OK.
Mr. Dawkins: And if none, why?
Mr. Plummer: That's right. If it's none, we're going to be on you.
34. DISCUSSION CONCERNING PURCHASE OF GARBAGE EQUIPMENT.
Mayor Suarez: Item 23, purchase of garbage equipment.
Mr. Ted Stahl: That's another item brought up.
Mayor Suarez: Right, Commissioner Dawkins, according to my agenda.
Mr. Dawkins: Mr. Manager, quite some time ago, we discussed the purchase of
garbage equipment. What is it, PO bonds, COP bonds, or what was it?
Mr. Joseph Ingraham: Pollution control bonds.
Mr. Dawkins: All right, where are the POs (Purchase Orders) for the
equipment7
Mr. Ingraham: Where are the purchase orders for the equipment? There are no
purchase orders in existence for the equipment at the present time.
Mr. Dawkins: Why not?
Mr. Ingraham: Those items were not being pursued at the present time.
Mr. Dawkins: And why not?
Mr. Ingraham: I don't have an answer for that, you'd have to talk to the
Finance Director.
Mr. Dawkins: All right - from who?
Mr. Ingraham: Or with GSA.
Mr.. Dawkins: All right, Mr. Williams.
Mr. Plurivaer: 1•1r. Abraham, don't run off, I got a question to ask.
Mr. Ron Williams: ter. Ingraham's right, that equipment has not been purchased
at this point-. It's a matter of determining exactly what pieces of that
equipment are eligible to be purchased with the pollution control bonds and
then we'll proceed to purchase it.
Mr. Dawkins: Mr. Manager, again I have to remind you that you pay people good
salaries to follow through on directions from you. Now, how long ago did you
and I decide that we were going to purchase this equipment?
Mr. Odio: A long time.
Mr. Dawkins: OK and now here it is, four months before the end of the fiscal
year, see, and then everybody will come up and we have not bought any
DEL equipment and the money will be juggled around and I will not get the
" equipment.
Mr. Plummer; Six months.
127 April 27, 1989
Mr. Dawkins: Sea, now,
Mr. Manager, what
do
I have to do for you to
get the
two gentlemen standing
there with you to
get
purchase orders on your
desk by
Monday morning so that
I could come up there
and sit with you while
you sign
them and we prt them in
the msil7
Mr. Odio: You heve to
go out for bids
before you issue purchase
orders,
Commissioner. You have
to get a prise...
Mr. Dawkins: Why haven't
we been out for
bid,
Mr. Manager?
Mr. Williams: Well we
bid it.
Mr. Odio: We bid - we
have bids?
Mr. Williams: Yes.
Mr. Odio: OK, so then...
Mr. Williams: We have proceeded with the bids, Commissioner. Those...
Mr. Odio: Now, let me explain something, the fiscal year has nothing to do
with the purchase of the equipment. This bonds, we can buy equipment at any
time.
Mr. Dawkins: Yes, but...
Mr. Odio: The fiscal year has nothing to do...
Mr. Dawkins: OK, but you see, this been eight months since you and I been
discussing this, OK? And I just don't understand why is it that whatever I
decide to try to do, it gets hung up in the bureaucracy?
Mr. Odio: Well, it isn't. It's that the decision it was not brought up to me
when we need to replace equipment are not there yet. We were talking, during
the budget process, I think only 16 trucks have to be replaced...
Mr. Dawkins: You see, but this was done - this was supposed to been done
prior to the budget discussion.
Mr. Odio: ... can do whatever he wants.
Mr. Dawkins: This is money that we had and this is the equipment that we
identified that we were going to purchase. This had nothing, in my opinion
now, I could be wrong, this had nothing to do with the budget process, eight
months ago after the budget.
Mr. Odio: No, I know, but during the budget process I asked about the
equipment purchased and they told me they are in the process of replacing 16
garbage trucks.
fir. Dawkins: All right, all right, garbage trucks, cranes - hoer many cranes?
Mr.. Odic: ;'hey don't heed replacing cranes at this moment. That's what I was
told.
Mr. Plumr-rier: We rebuilt them didn't wc-7
Mr. Odio: Ile rebuilt some of them and we have enough cranes...
Mr. Dawkins: OK, all right, I'll tell you what, I'll do better than that.
Mr. Odic: That's what I...
Mr. Dawkins: I'm going to take another day off from the college in the... no,
no, no, Wednesdays the day they don't go out, right?
Mr. Odio: Wednesdays.
Mr. Dawkins: Wednesday, let's you and I go through there and I'm going to
show you how ragged and unsafe these vehicles are that these individuals are
telling you don't need to be replaced. OK? And if you agree with them, then
I'll agree with you. Now, if you don't agree with them, then something
definitely should be done.
128 April 27, 1989
Mr. Odio: OK.
Mr. Plummer: Mr. Abraham. Sir. Ibraham.
Mayor Suarez: Ingraham.
Mr. Ingraham: Yes, sir.
Mr. Plummer: Ingraham.
Mayor Suarez: Thank you.
Mr. Plummer: The City, rightfully so, told you that you should be picking up
and providing sanitation services for the Marine Stadium.
Mr. Ingraham: For the Marine Stadium?
Mr. Plummer: Yes, sir, where they were using an outside contractor. Is that
correct? Are you picking up at the Marine Stadium?
Mr. Ingraham: I'm not aware of the order. We have provided services there,
sir, and we're in the process of sitting down to talk with them about
providing them a container.
Mr. Plummer: Mr. Manager, let me come at you. The restaurant, the HUD at the
Marine Stadium, has placed their dumpsters over next to the Marine Stadium and
they bring their trash over there to dispose of it. It's placed there on
Friday, it is never picked up, there are events held and I want to tell you
something, the odor that drifts through that stadium is bad.
Mr. Ingraham: I'll take care of that. I'll take care of that immediately,
sir.
Mr. Plummer: OK, I'm saying, if it's you. If it's a private hauler...
Mr. Ingraham: No, it's a private hauler but we'll still take care of that.
Mr. Plummer: Let's have the restaurant take their dumpsters and keep them
over next to the restaurant.
Mr. Ingraham: I'll have my inspectors out there first thing in the morning,
sir.
Mr. Plummer: Thank you.
Mayor Suarez: We clear on that St. Hugh's property, Joe, here that is?
Mr. Ingraham: Excuse me, sir?
Mayor Suarez: Did I clarify for you where the St. Hugh's property is?
Mr. Ingraham: On Franklin and...
Mayor Suarez: Because that's embarrassing since it's property where we want
to...
Mr. Plummer: Franklin and Douglas.
Mr. Ingraham: Franklin and Douglas, yes, sir, I made note of that.
Mayor Suarez: And that community's very stable there and...
Mr. Ingraham: Franklin and Douglas.
Mayor Suarez: Thank you, sir. Anything you can do.
Mr. Plummer: That stripped station wagon has been there for over 2 weeks.
Mr. Ingraham: It'll be removed immediately, sir.
129 April 27, 1989
—
_
35. GRANT REQUEST BY COMMITTEE ON BEAUTIFICATION A14D E14VIRON TENT FOR WAIVER
OF RENTAL FEES AT BAYFRONT PARK AMPHITHEATER FOR 52ND ANNUAL ROYAL
POINCIANA FIESTA, "AMERICAN MUSIC JAMBOREE."
---------------------------------------------------------------------------------
Mayor Suarez: OK, Morty, you had an item from the morning agenda before we
get to planning and zoning. We're only three hours late.
Mr. Jorge Fernandez: Yes, Mr. Mayor...
Mayor Suarez: Yours was item what, Morty?
Mr. Morty Friedman: Item eleven.
Mayor Suarez: Important that you be here for your item, sir.
Mr. Plummer: It was withdrawn.
-
Mr. Friedman: Yes, I'm Morty Friedman on the...
Mrs. Kennedy: He was not here so we didn't do it.
Mr. Friedman: I was here this morning and I was delayed getting back here
this afternoon.
Mr. Friedman: I'm the administrator for the City's beautification... Am I
ready? Shall I proceed?
Mayor Suarez: Yes, please.
i
Mr. Friedman: ... for the City's Beautification and Environment Committee.
—
Every year, this will be the 52nd year, we produce the Royal Poinciana Fiesta
which we hope this year is going to get us some national publicity. We have
—_
13 different events coming up and one of them, we have a Folkloric Show which
mn
is free to the public at Gusman Hall. That's on the loth of June. On the 3rd
of June, we have a new program also free to the public which is called The
—_
American Music Jamboree and it's to let people know here about typical
American music because in the Folkloric Show, we have a lot of Hispanic and
other nationality music. We would like to have a waiver on the Amphitheater
in Bayfront Park which we have reserved for that date and also we would like,
_
if possible, to have a grant...
Mayor Suarez: Well, the Amphitheater waiver is really up to the Trust. Do we
have any problem with that?
Mr. Friedman: They instructed me that we should appear here.
?
Mayor Suarez: They always keep corning back here.
t:
Mrs. Kennedy: lioG. long afro did they instruct you to do that because we
ii
changed it at our last Commission meeting.
'.-
Mr. Friedman: I know, but this was apparently scheduled before...
(
,R
Mayor Suarez: OK, I'll entertain a motion on that to solve it.
Mr. Frank Castaneda: I think the ordinance take place 30 days after.
Mr. Jorge Fernandez: That's right.
Mayor Suarez: OK, I'll entertain a motion as to this one, so there's no
j;
problem.
Mrs. Kennedy: So move.
Mr. Plummer: Second.
f
=�
_I
Mayor Suarez: Second. Call the roll.
1
130 April 27, 1989
11
Mr. Friedman: And...
Mayor Suarez: Wait, let's get that done.
E.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 89-400
A RESOLUTION CONCERNING THE "AMERICAN MUSIC JAMBOREE"
AS PART OF THE ROYAL POINCIANA FIESTA TO BE CONDUCTED
BY THE CITY OF MIAMI COMMITTEE ON BEAUTIFICATION AND
EsNVIRONMENT; HEREBY DESIGNATING JUKE 3, 1989 AS ONE OF
THE THIRTY (30) DAYS RESERVED FOR USE BY THE CITY
PURSUANT TO ORDINANCE NO. 10348, WITHOUT THE USER
PAYING THE FEES FOR BAYFRONT PARK; CONDITIONED UPON
ORGANIZERS PAYING FOR THE NECESSARY CITY SERVICES
ASSOCIATED WITH SAID EVENT A14D 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 Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller Dawkins
Vice Mayor Victor De Yurre.
Mayor Suarez: What else you got?
Mr. Friedman: We were also hoping...
Mayor Suarez: I have a feeling your second request is not going to go as well
as your first, but go ahead and try us.
Mr. Friedman: We, as you know, our budget for the entire committee is $9,000
a year plus my salary and for this Fiesta which we put on, we try to get
private funding and we're having a little difficulty this year. Our expenses
for this show in the park which is going to be free to the public and we
expect thousands of people there, will be $3,780 and we would appreciate it if
the City could help us since it. is a City program. It's not something that's
outside the City. City...
Mayor Suarez : A lot of City proEr,sms, are: going to have to be eliminated the
way we're going. I don't...
Mr. Plummer: Get it out of the Perks Department budget.
Mayor Suarez: Can't do it. A lot of things that are very worthy and a lot of
festivals. This is a City of festivals and that's kind of a nice thing to be
but we're getting to the point that we have so many and all of them want some
kind of City subsidy and we just cannot do it, including, even in this case of
City organization such as... or organization for which the City is the
umbrella. I guess, is it an agency of the City or a department of the City?
What...
Mr. Friedman: Yes, it's 30 years old under the City.
Mayor Suarez: I didn't ask how many years it was , I asked what it was.
Mr. Odio: It's a committee. It's a committee.
131 April 27, 1989
Mr. Plummer: It's a committee that was established by Rose Gordon and they
were and for a time, extremely popular. Because of financial problems, the
matter was abated for years and what they're trying to do is get it
reorganized and get it restarted.
Mr. Friedman: I might just add, we just planted twenty...
Mayor Suarez: Morty, I got an idea, every Commissioner pretty soon's going to
have a fund from which to draw and maybe you ought to go to Commissioner by
Commissioner.
Mr. Odio: The check did come in. We have the money.
Mayor Suarez: The money's in place and I won't even tell you the figure
because it might give an incentive to other people to come and ask for things
but you might check with the Commissioners as to their private little fund and
maybe three of them would give a thousand dollars each or something. I don't
know.
Mr. Friedman: Well, thank you.
Mayor Suarez: Unless somebody else wants to make a motion. Don't have the
money in the...
Mr. Plummer: Problem is, we got to stay consistent.
36. (Continued Discussion): COMMENTS BY MAYOR SUAREZ INFORMING THAT THE
CITY WOULD PROVIDE THE NECESSARY EQUIPMENT SO THAT MEMBERS OF THE HADLEY
PARK LITTLE LEAGUE COULD MARK THE BASEBALL FIELDS THEMSELVES (See label
5).
------------------------------------------------------------------------------
Mayor Suarez: OK, we had a morning left which was item 4.
Mr. Plummer: Wait, what about 24 and twenty... well, what about 24?
Mayor Suarez: We took care of 25 and I think we took care of 24.
Mr. De Yurre: Mr. Mayor, can we deal with the one with the Lions Club so that
we can get that out of the way?
Mayor Suarez: Yes, I think we took care of 25 and 24 we took care of.
Mr. Plummer: Well, what did we do on 24?
Mayor Suarez: I think Commissioner Dawkins said that they're going to provide
the equipment for the group to paint their own lines and so on.
Mr. Plummer: Huh?
132
April 27, 1989
AQW R.a
-----------------------------------------------------•-------------------------
37. GRANT REQUEST BY LIONS INTERNATIONAL FOR WAIVER OF RENTAL FEE FOR USE OF
BAYFRONT PARK AMPHITHEATER.
Mayor Suarez: Which item are you on, Ma'am?
Ms. Nina Vilamonte: Lion's International
Mr. Plummer: Which one?
Mayor Suarez: Ah, an emergency item by the Vice Mayor. What is it?
Ms. Nina Vilamonte: OK, my name is Nina Vilamonte...
Mayor Suarez: Wait, wait, wait, before you make a long presentation here,
because we've got people who've been on the agenda and who have planning and
zoning. Is there anything that we can do quickly on this, Mr. Vice Mayor?
This is your...
Mr. De Yurre: Yes, sir...
Mr. Plummer: What is it?
Mr. De Yurre: ... they needed a waiver for the use of Bayfront Park.
Mayor Suarez: Once again, an item that we hoped would go to the - you mean
Bayfront Park or the theater, the Amphitheater?
Mrs. Kennedy: What is your group? I didn't hear.
Ms. Vilamonte: The Lions International. The reason is we do have an
international convention during the week of June 21st. There is 168 countries
going to be represented.
Mayor Suarez: Is this one of the conventions that we've booked, is it City?
Mr. Odio: This is probably the most important convention that we have booked
in many...
Mayor Suarez: I'll entertain a motion on the use of the Amphitheater.
Mr. Plummer: So move.
Mrs. Kennedy: Second.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-401
A RESOLUTION CONCERNING THE MIAMI INTERNATIONAL SUMMER
FESTIVAL TO BE CONDUCTED BY THE MIAMI INTERNATIONAL
SUMMER FESTIVAL, INC.; HEREBY DESIGNATING JUNE 24-25,
1989 AS TWO OF THE THIRTY (30) DAYS RESERVED FOR USE
BY THE CITY PURSUANT TO ORDINANCE NO. 10348, WITHOUT
THE USER PAYING THE FEES FOR BAYFRONT PARK;
CONDITIONED UPON ORGANIZERS PAYING FOR THE NECESSARY
CITY SERVICES ASSOCIATED WITH SAID EVENT 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 Kennedy, the resolution was passed
and adopted by the following vote:
133 April 27, 1989
0
AYES: Commissioner .3. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Taken care of.
C
----------------------------- -------------------------------------------------
38. A. DISCUSSION CONCERNING SINGLE MEMBER DISTRICTS FOR CITY OF MIAMI
ELECTIONS - Create a 5-member Ad Hoc Committee - Appoint members -
Charge committee with specific concerns regarding (a) District system of
elections, (b) adoption of Executive Mayor form of government - Direct
Administration to render special support to the Committee - Request
interim status reports at each Commission meeting. (Appointed were:
Manuel Alonso-Poch, Esq., Dr. Bill Perry, Jr., Joseph Portuondo, Esq.,
Steve Suarez - pending still is one appointment.
B. SCHEDULE A SPECIAL ELECTION ON NOVEMBER 7, 1989 IN CON14ECTION WITH
SINGLE MEMBER DISTRICTS FOR THE CITY OF MIAMI.
Mayor Suarez: We had item from the morning left over, the item on single
member districts and charter restructuring. The very least we ought to do, I
guess, Mr. City Attorney, is to schedule public hearings.
Mr. Jorge Fernandez: That's correct.
Mayor Suarez: When does it make sense to hold them?
Mr. Fernandez: Well, you really also need to start considering which of the
two election dates you're going to be looking at because...
Mayor Suarez: Which one do you recommend?
Mr. Fernandez: I recommend perhaps the first one because in the City
-= election, perhaps it will be that there will not be a necessity for going for
a second election.
Mayor Suarez: Yes, that would be very embarrassing, wouldn't it?
Mr. Fernandez: If this item gets put on the second one.
Mayor Suarez: Then, because then this is the only item on the second one.
Mr. Fernandez: Right, exactly.
Mayor Suarez: That, in itself, makes it such that November 7th would make the
most sense.
Mr. Fernandez: So, it is November 7th.
Mayor Suarez: OK.
Mr. Fernandez: So, if you're looking at November 7th, I make reference to my
memo to you of...
Mayor Suarez: OK, when do we need to have the hearings, then in time for
having this on the ballot, in final form?
Mr. Fernandez: You must have passed a final resolution calling for the
election with the specific language of the amendment no later than July 27th.
So, you must schedule your public hearings - with plenty of time to make sure
that first, you give me enough instructions so that I can prepare for you the
resolution that you must then pass in July 27th. That's the absolute last
date.
134 April 27, 1989
C
Mayor Suarez: OK, when - what dates do you suggest?
Mr. Fernandez: That's really the wish of...
Mayor Suarez: How many hearings do we need to have?
Mr. Fernandez: You need to have as many public hearings as you deem
necessary. You don't necessarily have to yourself conduct those public
hearings. In the past, when items like these have been addressed, there have
been a committee appointed by this Commission to come to them with
recommendations...
Mayor Suarez: And they have typically met in places other than City Hall too,
right, so that...?
Mr. Plummer: That's correct.
Mr. Fernandez: No, they have met in City Hall at times, at times they have
met in the Law Department.
Mayor Suarez: I remember going to three different locations in one set of
hearings.
Mr. Fernandez: Yes.
Mr. Plummer: Yes, I can remember him running before up at Edison.
Mr. Fernandez: Yes.
Mr. Plummer: Ferre almost had a heart attack.
Mayor Suarez: Bringing out my charts, you know, and...
Mr. Fernandez: And so, you can have your choice as to how to proceed with
this, either constituting yourself into the committee that would be taking the
input from the public at the public hearings or appointing someone else to do
that and then report to you.
Mayor Suarez: OK, what does the Commission desire to do on this?
Mr. Plummer: Well, you only have, what, five more meetings in that time
frame. I would assume if we're going to have a hearing, we would do it like
on a zoning hearing where we could maybe have it in the morning - well, no,
® no, that's not fair. Because I remember the hue and cry before that those
meetings should be in the evening where people have the right to attend.
Mrs. Kennedy: What's the most orderly and efficient way to do it then?
Mr. De Yurre: I think if...
Mayor Suarez: I have no problem either way, by the way, on the issue of
having a. separate committee or having this Commission act as the committee to
take the input. In many ways, I would favor, I guess, we doing it ourselves,
but I also have no problem having a committee.
Mr. De Yurre: I wouldn't mind having a committee, we can also, you know, just
be there and listen to what's happening but I would be in favor of appointing
a five member committee with one member appointed by each Commissioner to
pretty much do most of the leg work in structuring this thing.
Mrs. Kennedy: I have no problems with that, that's what the county did and I
think we should... I think that's a good idea.
Mr. Dawkins: Well, if you have a committee, I'm going to be the committee
member because I don't want the people in the community thinking that I was
dodging it and running away from it and I'm going to face them head on so that
at least we got a one on one and we know what we're saying and what we're
doing. So, either way you go, either we do it or if you decide to have a
Commission, a committee, I will appoint myself to the committee.
135 April 27, 1989
Mayor Suarez: OK. Yes, the alternative that takes and embraces both of those
concepts is to say ve form a committee of five and the Commissioners can
either come And be present And vote or eppoint a proxy that also has a voting
right.
Mr. Fernandez: That committee would only be making recommendations to you, of
course, because I would only take my final instructions as to what to draft
from you.
Mayor Suarez: OK, of course. And that committee would have to have its final
recommendation by when?
Mr. Fernandez: That committee should have final recommendations to you
certainly with sufficient time for me to come to you for you to tell me to
draft a preliminary resolution...
Mayor Suarez: When, when, when - when do we need to have...
Mr. Fernandez: You can have it any time before July 13th.
Mayor Suarez: That committee would be charged then with having final
recommendations. What is the time that they would have to have them for you
to be able to draft it in proper form for the July 13th meeting?
Mr. Fernandez: I would say no later than June...
Mr. Dawkins: Than the June 22nd meeting.
Mayor Suarez: Do you want to make it the June 22nd meeting?
Mr. Fernandez: June twenty... yes, June 22nd meeting. At that time, you
could charge me to - or I could - well, you see, it should really be June the
6th. You charge me with the specific instructions, I bring it to you for the
first time on June 22nd and then you finally pass it then in July - July 13th
or July 27th to afford yourself more time.
Mayor Suarez: Yes, to have a little margin of error.
Mr. Fernandez: Right.
Mayor Suarez: OK?
Mr. Fernandez: So you're really looking at the month of May as the working
month for this committee, or for yourselves.
Mayor Suarez: I'll entertain a motion to that effect. We can do in terms of
each Commissioners sitting or appointing a proxy, either way.
Mr. Plummer: So move.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
136 April 27, 1989
I
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-402
A RESOLUTION OF THE MIAMI CITY COMMISSION CONCERNING A
PROPOSED CHARTER AMENDMENT TO BE SUBMITTED TO THE
ELECTORATE IN NOVEMBER, 1989.AND CREATING A FIVE
MEMBER AD HOC COMMITTEE AND APPOINTING MEMBERS TO SAID
COMMITTEE; CHARGING THE COMMITTEE WITH REVIEWING THE
CONCERNS EXPRESSED BY THE CITY COMMISSION IN REGARD TO
THE DISTRICT SYSTEM OF ELECTING CITY COMMISSION
MEMBERS AS WELL AS OTHER QUESTIONS IN CONNECTION WITH
THE GOVERNANCE OF THE CITY OF MIAMI INCLUDING, BUT NOT
LIMITED TO, ADOPTION OF AN EXECUTIVE MAYOR FORM OF
GOVERNMENT AND CHARGING SAID COMMITTEE WITH REPORTING
ITS FINDINGS AND MAKING ADVISORY RECOMMENDATIONS TO
THE CITY COMMISSION, SAID COMMITTEE TO BE GIVEN FULL
STAFF SUPPORT BY THE CITY MANAGER AND TO RECEIVE
ASSISTANCE AND COUNSEL FROM THE CITY ATTORNEY; FURTHER
STIPULATING THAT THE CITY COMMISSION SHALL BE
PRESENTED WITH INTERIM STATUS REPORTS CONCERNING THE
COMMITTEE'S ACTIVITY AT EACH CITY COMMISSION MEETING
TOGETHER WITH A REPORT ON PUBLIC INPUT RECEIVED BY THE
COMMITTEE AT ITS MEETINGS WHICH SHALL BE OPEN PUBLIC
MEETINGS AND SETTING FORTH THE REQUIREMENT THAT THE
COMMITTEE SUBMIT ITS FINAL WRITTEN REPORT AND
RECOMMENDATIONS TO THE CITY COMMISSION AND DELIVER A
COPY OF THE SAME TO THE CITY ATTORNEY BY JUNE 2, 1989.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Do you want to give further instructions or do you want to
discuss for a couple of minutes, what kinds of things we're going to be
looking to do? I have no problem with that.
Mrs. Kennedy: Yes, I think that we should look at the boundaries, how to get
the best ethnic representation, how to best serve the citizens. Everything
must be considered. The size of the Commission should be considered.
Mayor Suarez: Does this Commnission have any preference as to all single
member versus some at large and some single member?
Mr. Plummer: I do. Mr. Mayor...
Mayor Suarez: Would you like to give the committee some indication of that?
Commissioner Plummer.
Mr. Plummer: Yes, I've made my thoughts clear. I am very much opposed to the
thinking of going to all district elections. To me, that's reminiscent of
Chicago and ward politics. I just think that you need a balance in there so
that each elected official realizes that they are not just holding to their
individual district. I think that you need to have a situation where they are
recognizing the fact that they are answerable to all of the citizens of the
City of Miami. So, I, you know, I have no problem with a mix where you have
both.
137 April 27, 1989
AWL
Mr. De Yurre: I got to say that I have a serious problem with a mix. You
know, either we all run citywide or we go by district. It doesn't make any
sense for somebody to run citywide as opposed to by district when it's going
to take that much more money. You have to campaign that much more, you have
the same power, you know,,, the same voting rights. It doesn't make sense and
let me tell. you that I want Also to get some input on whether ve structure our
form of government with a strong mayor form of government tied into districts,
which I think would be, you know, if we're going to talk about: structuring
government, might, as well, go al.1 out and pose that question before the voters
too.
Mayor Suarez: On the issue of: districts, let me state that I have a strong
preference for all single member districts but I, if it took my vote to make
it work, would go for some hybrid system as long as we had a clearly larger
number of those elected from single member districts. So I just want to put
that on the record so that the committee, if we ourselves are not present, has
an idea how we feel.
Mr. De Yurre: And I also feel it's - to get my vote, that it has to be
reflective of the make up of our population and...
Mr. Plummer: OK... you finished?
Mr. De Yurre: No, not quite.
Mr. Plummer: Because to that point, Victor, I think we need to make it clear,
are we talking about reflective of the population or the voting population?
Mr. De Yurre: No, I represent every individual in this City, not...
Mr. Plummer: OR, I'm just...
Mr. De Yurre: ... I don't ask for their voters registration card before I do
any...
Mr. Plummer: I'm just clarifying the record that you're saying is, is of the
population in total.
Mr. De Yurre: That's right.
Mr. Plummer: OR.
Mr. Dawkins: Are we saying here...
Mr.
Plummer:
Excuse me...
Mr.
Dawkins:
Go ahead, T. L.
Mr.
Plummer:
... on the record we have a thing from the City
Attorney which
kind
of contradicts that as I understand it that you have to
use - where is
that,
Mr. City
Attorney? You have to use, as a criteria, past
voting records.
City
Attorney,
where was that you furnished us with today? It
was a memo you
sent
to the cleric
that...
Mr. Fernandez: Yov. Asking her to get, or to help us to obtain those
statistics...
Mr. Plummer: But one of the criteria that you mentioned in there was that the
part of the decision had to be based on the prior voting record. Now, that's
the point I'm asking.
Mr. Fernandez: Yes and that is correct. That is...
Mr. Plummer: Clarify that on the record, please.
Mr. Fernandez: That is one of the criteria that must be taken in account, but
_--=--,-1! also, likewise, you have to take into account the results of the last
decennial census that was taken. So you must use the population base and also
use your voting records that you have been able to obtain for the past several
elections.
_vl
-f
j 138 April 27, 1989
1
Mr. Plummer: And that is a ruling that is, as I understand it, the voting
rights act which is a federal act.
Mr. Fernandez,: Correct.
Mr. Plummer: OK. Mr. Mayor...
Mr. Dawkins: All of this will go to the voters for the voters to make the
decisions.
Mayor Suarez: Absolutely.
Mr. Plummer: That's correct.
Mayor Suarez: Absolutely.
Mr. Plummer: Now, Mr. Mayor...
Mayor Suarez: Commissioner Plummer and then we're going - we ought to get
some feedback on a couple of other issues. Go ahead.
Mr. Plummer: All right. The area that I want to put on the record today,
because I don't want to be accused in June or July of saying that I'm in any
way trying to delay - that I'm putting it on the record right now. To me, one
of the most important things is who and how the lines, if districts are, will
be drawn. Are we going to draw those lines or are we going to choose a
totally independent to draw those lines? We all know the word gerrymandering,
OK? Are we going to use precincts as a basis or are we going to use what
basis to determine how those districts, if districts is the answer, are drawn?
I absolutely will not vote to put anything on a ballot if the districts are to
be placed on the ballot and the districts are not clearly delineated. So I'm
just putting that on the record today.
Mayor Suarez: No, I think that they would have to be clearly delineated
because, otherwise, it would take another step and I don't - I guess legally
we could do it, but it wouldn't be a very good idea. I agree with you as a
policy matter that it should be on the ballot. That people should be able to
see what districts we're proposing. I feel that, as far as having a committee
of specialists or others that try to do the districting, that I'd much rather
have this Commission do it with very clear simple guidelines to avoid
gerrymandering such as respecting historical boundaries, neighborhood
boundaries, a lot more than actual districts, although hopefully those are
also, you know, included, because most of the time they've tried to do
districts which are a lot smaller, or precincts actually, based on historical
boundaries and then, of course, the usual federal guidelines of compactness,
ethnic proportion of some sort and obviously the number that we select will be
a factor and I think that beyond deciding on boundaries now, which I think
that staff can crank out a variety of alternatives for us and we can choose
the one that makes the most sense to us. I think we - and by the... oh, yes,
one other thing, they should allhave roughly the Name number of electors.
That's the way it's usually done. But wre should decide the number at some
point and, hopefully, today twill give some; indication, at least to the
committee, what w;e're thinking...
Mr. Plummer: (;eJ.l, let Mic: go on the record, since we're trying to get some
sense of direction...
Mayor Suarez: ... or at least a maximum number, you know.
Mr. Plummer: My maximum number is seven. That's my maximum number. Mr.
Manager - hello?
Mr. Sergio Rodriguez: Yes, sir.
Mr. Plummer: I would want you to develop now the cost factor involved for
each additional Commission seat that would be recommended. I'm sure you can
take easily today the budget and say that that total budget...
Mayor Suarez: Give us a rough estimate of what...
Mr. Plummer: Exactly. That budget is X number of dollars today divided by
five, gives you what each one cost.
139 April 27, 1989
Mayor Suarez: And, oil course, we mean direct
created by someone who votes a particular way.
having a...
Mr. Dawkins:
City Att.orney...
Mayor Suarez: ... someone that maybe
money or whatever. Commissioner Pnwkins.
Mr. Dawkins: Mr. City Attorney.
cost, not the indirect cost
I mean, the direct costs of
Mr. Fernandez: Yes, my Commissioner.
Mr. Dawkins: Is there any law which states that a district must be comprised
of X number of voters or are there any set guidelines that spell out what a
district has to have in order to be thought of as a district?
Mayor Suarez: No, I think we're going to have to do that on our own.
Mr. Fernandez: No, there really is no such law, Mr. Dawkins. There are some
cases that can give us some guidance as we interpret the way that we proceed
on this, but, you know, the mere fact that we're talking about cases that
means that they have been litigated and courts have suggested certain
guidelines. For example, in the case of Sarasota that I have cited to you
earlier, there a district that contained 50 percent plus one members of a
minority group was deemed to be a viable district for purposes of
restructuring the City and going to a district system. However, there are
some other federal cases from other jurisdictions that have found 65 percent
acceptable. Those cases can be distinguished, there are different
considerations involved, but the bottom line is that, no, there is no
prescribed number.
Mr. Plummer: Let me ask a question just for informational purposes. You
didn't quote in the Sarasota case - are we looking at here when we speak of
representation, primarily Anglo, Black and Hispanic or are we going to have a
question raised by the Haitian community? Are they a separate minority?
Distinct, and has that got to be taken into consideration? I'm asking for
informational purposes.
Mr. Dawkins: Nicaraguans.
Mr. Plummer: OK, here again, I use the Haitian which I know that there's like
what? - a hundred thousand?
f
i
Mr. Fernandez: Yes, I'm going to have to look specifically at that. I think
that really we...
Mr. Plummer: There are federal guidelines, correct?
Mr. Fernandez: There will be but I think mainly they address race, not
ethnicity. Because, otherwise, the question could be or the same issue would
have been raised on the basis of a Polish neighborhood, an Italian
neighborhood, a Slavic neighborhood and I haven't seen any case where there
has been any issue decided on this voting by district- on the basis of
ethnicity, I have seen it on the basis of race, certainly black and white.
And Hispanic, I have not - I haven't done all that extensive research to see
that.
Mr. Plummer: Are you saying, in this community we don't have to take Hispanic
into consideration? I can't imagine, but I'm asking the question.
Mr. Fernandez: If you can choose to ignore them, I imagine not. That's being
facetious. I would think that you would have to. I think that a very strong
argument could be made that they constitute separate enough and identifiable
enough a group of individuals that you would have to take them into
consideration.
Mr. Dawkins: OK, well the Krome Avenue Haitians, they'll be with the county
district. That will not be a district in the City of Miami.
Mr. Plummer: That's small comparison to in the City.
140 April 27, 1989
Mr. Dawkins: But that'll be +a district because they got us all out there.
Mr. Plummer: All right, and the other thing I need that I think you're going
to have to clarify.
Mr. Fernandez: Yes.
Mr. Plummer: When it comes to Hispanics...
Mr. Fernandez: Right.
Mr. Plummer: are we going only by surname or are we going by place of
birth?
Mr. Fernandez: Place of birth, that's the way that the Dade County Elections
Department is already doing it.
Mr. Plummer: Place of birth.
Mr. Fernandez: Yes. If you're Hispanic, but you're born in the United
States, you're counted as an American, not as a Hispanic for purposes of
tabulation..
Mr. Plummer: As an Anglo.
Mr. Fernandez: Yes.
Mr. Plummer: As commonly referred to.
Mr. Fernandez: Right.
Mr. Plummer: No, I'm commonly referred to by the Elections Department as
other.
Mr. Fernandez: Am I correct on that, Miss Hirai?
Mayor Suarez: They couldn't find a classification for you.
Mr. Dawkins: Mr. City Attorney, have somebody...
Mr. Fernandez: Yes, sir.
Mr. Dawkins: ... provide me with the criteria used by the State of Florida
when it set up districts for their elections.
Mr. Fernandez: Yes.
Mr. Plummer: Oh, you don't want that one.
Mr. Dawkins: Yes, I do.
Mr. Fernandez: We're looking into that already and we'll provide that for
you, Mr. Dawkins.
Mr. Plummer: Let me tell you, when. the State of Florida did it, they took: it
by some peoples' front door and that's exactly what I'm trying, to avoid here.
Mr. Dawkins: But I need to know what they did so that we can avoid, so that I
can avoid it.
Mr. Plummer: Well, I'll tell you what they did. They took the cop-out and
said it was done by the computer, not by them.
Mr. Dawkins: OK, well I need to know, so get that for me, will you?
Mr. Plummer: It's amazing how that computer went by some individuals front
door.
Mayor Suarez: We may use some computers but... let me say, for myself, on the
number, that I would not want to exceed nine. I'll go two beyond Commissioner
Plummer because I just think it gets a little bit unwieldy but I'm reasonably
141 April 27, 1989
flexible on that. On the issue of strong mayor, any ideas what instructions
we give to the committee?
Mr. Dawkins: Let me SAY, on the number...
Mayor Suarez: I mean, we've heard from the Vice Mayor.
Mr. Dawkins: ... I'm going to leave a blank space and let the people put in
what they want.
Mayor Suarez: OK.
Mr. Plummer: I don't think you can do that, can you?
Mr. Dawkins: Why can't 1?
Mr. Plummer: You mean as a write in?
Mr. Dawkins: I'm going to put in how many districts do you want and put it
blank. If they put 20, that's what they want, that's what I'm for.
Mayor Suarez: You mean the committee.
Mr. Dawkins: Yes, twenty committees. Commissioners, yes...
Mayor Suarez: But you mean the committee would fill that in. You don't mean
the voters.
Mr. Dawkins: No, I mean the voters.
Mr. Plummer: Wait, wait a minute, whoa, whoa.
Mayor Suarez: No, that'll invalidate the ballot.
Mr. Dawkins: Why?
Mr. Plummer: How in the hell would you do that?
Mr. Dawkins: Why couldn't you?
Mr. De Yurre: And then you divide the districts.
Mr. Dawkins: Yes, there you go.
Mr. Plummer: I don't know how you would do that.
Mrs. Kennedy:
You divide the answers by the
number
of voters. Then that's
your districts.
Mayor Suarez:
Commissioner Dawkins, let the
record
reflect, wants to hear
from the people
of Miami. as to the number and
is otherwise not given us any
more indication.
Anything else on the...
Mr. Plummer: Mr.
t.ayor, I think it should be heard
by
the calrailittee as to the
feelings of the
coixnunity on a strong mayor. I
think
it; should be heard.
Mayor Suarez: Would you like the committee to...
Mr. Plummer: Whether or not we act on it as a Commission to put it on a
ballot, I think it should be heard. I think the other issues, if you want,
should be heard that were there before and that issue, the issue of - because
when you speak to a strong mayor, you go to an entirely massive concept of
salaries, duties, obligations, things of that nature. Now, are you going to
speak to the same thing in reference to the Commissioners?
Mayor Suarez: I would think once you get into the issue of salaries,
certainly you should consider the Commissioners' salaries.
Mr. Plummer: OK, and then you have to... you know, that has ramifications.
Mayor Suarez: And powers is automatic because if you get in...
142 April 27, 1989
Mr. Plummer: Not the powers, but the...
Mayor Suarez: No, but if you get into the issue of strong mayor, then you
alter the power balance, then you automatically are considering Commissioners,
what they do and subject to...
Mr. Fernandez: That's right.
Mr. Plummer: And are they part time or full time?
Mayor Suarez: Exactly. Is the mayor, does the mayor have any - does the
mayor sit on the board or does the mayor just...
Mr. Fernandez: Veto...
Mayor Suarez: ... become an executive mayor like Hialeah or like in some
other - like Orlando, I think he sits on the council. Does he have veto
powers, does he appoint department heads and so on.
Mr. Plummer: Well, what we're saying is then...
Mayor Suarez: Yes, it does affect the...
Mr. Plummer: ... that it's fair game for this committee to hear such.
Mayor Suarez: Yes. I mean, I think you should.
Mr. De Yurre: No, it'll get even worse.
Mayor Suarez: I personally support the concept of a strong mayor in the City
anyhow.
Mr. Plummer: The final question that I would have and want clarified, date of
implementation.
Mr. De Yurre: Two thousand what?
Mayor Suarez: Obviously crucial because we have so far had staggered terms.
The Mayor's term has now been extended to four years beginning in 189, so
depending of what the committee recommended, it would either require, if
Mayor's powers were changed, it would require an election at some point or you
would wait till the four years, whichever. So that is obviously a crucial
question, you're right. The committee should report back to us on a
recommendation on that. Commissioner Dawkins, do you want to say...
Mr. Dawkins: Yes. Then, when you talk in terms of the strong mayor, are you
going to put on there, a full time Commissioner or a part time Commissioner
with the district?
Mayor Suarez: I think the committee could consider that also.
Mr. Plummer: Well, I think they have to, especially if you're going to set a
pay stale.
Mayor Suarez: Yes, particularly if the implication is that they might
i recommend payment equivalent to full time tirork, which is what this is, but
haven't been able to convince the voters of that. Anything further?
Mr. De Yurre: I'd like to see this ohatever way we decide to go with it as
far as when implementation comes to play and, of course, if everybody has to
run in '91 for example, then who runs for two years and who runs for four?
Mr. Plummer: And who runs from which district?
Mr. Fernandez: That's right.
Mr. De Yurre: OK, so...
�j Mr. Plummer: As you know, and I was asked the question yesterday, Rosario and
I...
J: Mayor Suarez: Well, now that is determined by themselves.
-� 143 April 27, 1989
Mr. Plummer: Yes, but Rosario and 1 live contiguous to each other.
Mayor Suarez: If there are standard terms or if there's any uneven treatment
of Commissioners, you have to decide which districts, right.
Mr. De Yurre: That',_ outside the City.
Mayor Suarez: If not, if they're all uniform, the same year, it doesn't
matter.
Mr. Plummer: You're saying everybody then - what you're looking at, everybody
would run in '91?
Mayor Suarez: There's some proposals that would say...
Mr. Fernandez: Yes.
Mayor Suarez: ... do everybody in 191 or everybody in '93. There's some that
would say, no, no, go ahead and stagger it in, in which case you have to
decide which Commissioners run from which districts in 191 and which ones in
'93. Yes, depending on how the committee goes.
Mrs. Kennedy: I still think that we should appoint people to the.., we should
have appointees to the committee and they should come back to us for
recommendations.
Mayor Suarez: I intend to appoint somebody for myself. I hope I can attend a
lot of the meetings, but I may not be able to.
Mr. De Yurre: And, as far as numbers, you know, the structure that I'd like
to see is a strong mayor and then a five -member Commission. And that would be
reflective pretty much of the population.
Mayor Suarez: And you support all single member districts?
Mr. De Yurre: All single member districts. And we have to remember one
thing, when this whole thing got started, that we had Reverend Dunn here, I
asked him point blank, what districts are you talking about? Are you talking
about neighborhoods like we have them, like Overtown and Liberty City and so
on and he said, no, what they were looking at was making sure that one that
looked like them, like this one sitting right here...
Mayor Suarez: Not exactly like him.
Mr. Plummer: Not that ugly.
Mr. De Yurre: Well, maybe a little bit better looking. But that's there's
assurance that that seat will be preserved. That's what they're looking to so
we have to keep that in mind. And I guess we have to have one that looks like
him over there too.
Mayor. Suarez: If you nialle enough districts and you do it intelligently, we're
going to have c very {proportionate representation of people, that's my
feeling, but I understand what you're saying.
Mr. De Yurre: OK.
Mr. Fernandez: hir. Mayor, would you go ahead and make appointments so that
then we can begin to work with the committees?
Mayor Suarez: Yes, but let me ask you before that. Since we don't have a
j clear consensus, but at least we've discussed these issues openly. In
charging the committee, would you get a transcript of everything that's been
said...
Mr. Fernandez: Yes.
Mayor Suarez: ... and forward that to them so they have some idea of how we
stand on some of these issues?
Mr. Fernandez: Correct.
3
144 April 27, 1989
-
Mayor Suarez:
And not come back with something that we're all going to vote
-
against. That
would be tragic. I'm ready to nominate mine.
Mr. Plummer:
Can I make a suggestion and, Commissioner Dawkins, you have
-
stated that you will, in fact, plan on attending all of these meetings. I
would suggest
that his appointment be himself and we make him chairman of that
committee.
Mr. Dawkins:
Oh, no. No, no thank you. God bless you. No. Thank you, I
appreciate it
though.
Mr. Plummer:
OK.
Mr. Dawkins:
No, I will not be the chairperson because this is going to be
pretty heavy,
J. Then in order to...
Mrs. Kennedy:
I nominate Steve Suarez.
Mr. Dawkins:
... get out of that, I will attend every meeting but I will
appoint someone like everybody else.
Mrs. Kennedy:
OK.
Mr. Dawkins:
OK and then they could have a chairperson. OK?
—!
=i
Mrs. Kennedy:
Are we ready for the appointments then?
Mr. Dawkins:
Yes, um hum.
Mrs. Kennedy:
I appoint Steve Suarez
—`F
Mr. Dawkins:
Who? Who?
Mrs. Kennedy:
Steve Suarez.
_
Mayor Suarez:
He's not my brother.
_= i
Mrs. Kennedy:
No, no relation.
Mayor Suarez:
Oh, he is a relation. He's my brother-in-law unless you're
i.
talking about
another Steve Suarez.
—z
�j
Mrs. Kennedy:
Yes, as a matter of fact he is - not by blood.
Mayor Suarez:
Anyone else ready to...
Mr. Plummer:
I'm not ready.
Mr. Fernandez:
Thank you.
Mr. De Yurre:
I'll appoint Manuel Alonso.
Mr. Plummer:
Who? Who did lie appoint?
Mrs. Kennedy:
Manuel Alonso.
i
Mayor Suarez:
Attorney, attorney Manuel Alonso.
Mr. Dawkins:
I'll appoint Bill Perry.
Mr. Plummer:
I've been thinking about Walter Mercado, but... I'd like some
time to think
about it.
=t!
Mayor Suarez:
I'll nominate attorney Joseph Portuondo who is about as
=}!'
knowledgeable
on electoral law as anybody that I know.
i'
Mr. Fernandez:
Who is that, Mr. Mayor?
Mayor Suarez:
Joe Portuondo, Joseph Portuondo. No, electoral law, I'm sorry,
!.
electoral law.
i' 145 April 27, 1989
;
Mr. Plummer: Can I submit my name in the next two or three days7
Mayor Suarez: Yes, Absolutely. OK, with those nominations and...
Mr. Dawkins: So move.
Mayor Suarez: ... and general charge to the committee of having the
transcript, we have it into the form of a motion.
Mrs. Kennedy: Second.
Mr. De Yurre: And are we also including the strong mayor concept?
Mr. Fernandez: Yes.
Mayor Suarez: Yes.
Mr. De Yurre: OK.
Mr. Plummer: As fair game for discussion, I don't think that we should
preclude anything as it relates to the makeup of this Commission.
Mr. Fernandez: It would also be proper, Mr. Mayor, for you to instruct myself
and the City Manager or designees to participate with this committee in
providing them whatever assistance they need by way of figures or transcripts
and the like.
Mayor Suarez: Absolutely. Call the roll on that motion and then let's get
some dates.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 89-403
THE PARAMETERS OF THE HEREINABOVE MOTION ARE INCLUDED
IN THE TEXT OF R-89-402.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez- ?What do we do about dates? Do we need to fix those at this
point on hearing dates?
Mr. Fernandez: You need to set the date that you would like_ this to
ultimately go to the voters if it gets that far and then that would...
Mayor Suarez: Oh, I'll entertain a motion to make that November 7th. It
would make no sense November 14th.
Mrs. Kennedy: So moved.
i
Mr. Plummer: Second.
-- Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
146 April 27, 1989
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 89-404
A MOTION CALLING FOR A CITY OF MIA141 SPECIAL ELECTION
TO BE HELD ON NOVEMBER 7, 1989, IN CONNECTION WITH
SINGLE MEMBER DISTRICTS FOR THE CITY OF MIAMI.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Fernandez: And then as part of your charge to the committee, you should
recommend or you should ask them to be ready to report to you so that you can
instruct me on how to proceed no later than June the end.
Mr. Dawkins: I suggest we put all that in the letter when we notify them that
they've been selected, that we give them the charge and everything in the
letter.
Mr. De Yurre: Let me ask something. What is the concern between the 7th and
the other....
Mr. Plummer: There might not be a 14th. If everybody was successful in
winning without a runoff, then it would have to be a special election.
Mayor Suarez: No, then we'd have to have a selection that would cost...
Mr. De Yurre: OK, I wasn't sure if that was the second date or the first one.
OK.
Mr. Plummer: Wishful thinking, but...
Mayor Suarez: As a veteran of four runoffs, I think... OK, do we need that
in the form of a motion or can you just go ahead and do that?
Mr. Fernandez: No, that's fine, you don't need that by way of a motion.
Mayor Suarez: If the letter is included in the charge, OK. We don't have to
set specific hearing dates for the committee or anything.?
Mr. Fernandez: I think it would be appropriate for them to set their own
meetings.
Mayor Suarez: OK.
NOTE FOR THE RECORD: At this point, the City Commission closes
consideration of regular items on the agenda and begins
consideration of the Planning and Zoning portion of the agenda.
147 April 27, 1989
LA
39. GRANT APPEAL BY OBJECTOR - REVERSE ZONING BOARD'S APPROVAL OF SPECIAL
EXCEPTION TO CONSTRUCT/OPERATE A HELISTOP ON TERREM ARK BUILDING (2601
SOUTH BAYSHORE DRIVE) (Applicant: Terremark Center, Ltd.)
Mayor Suarez: We're in the planning and zoning and let me announce, unless
somebody has something else of an emergency nature, that two items are not
going to be heard it looks like...
Mr. Jorge Fernandez: Yes.
Mayor Suarez: Well, one is not going to be heard because the applicant, and
that's PZ-14, the applicant, Terremark, has withdrawn their objection to the
appeal. So, if anybody's here on that item. PE-30, we have a suggestion to
continue that but I don't know exactly who it's coming from. I've met with
people that generally oppose that proposal which is transitional - elimination
of transitional zoning, generally speaking and who oppose that and they wanted
a continuance to have more time to give input.
Mr. Plummer: For what reason?
Mayor Suarez: And I've heard that some of the residents that would like this
also, would like more time to contemplate it, but I don't know if that's the
case...
Mr. Fernandez: Mr. Mayor...
Mayor Suarez: ... and if the Commission wants to take a little more time
to...
Mr. Fernandez: Point of clarification on item number 14 that you had
announced.
Mayor Suarez: Yes, did I misstate that?
_ Mr. Fernandez: Yes, that needs to be in fact voted upon by this Commission.
—` It cannot be withdrawn at this time by Terremark. It's in front of you as a
result of an appeal by a group of citizens...
_ Mayor Suarez: Do they have counsel here that could clarify if they have any
problem with our moving to deny?
{ Mr. Fernandez: They should, I talked...
Mayor Suarez: Because I think they may have thought they were just
withdrawing.
Mr. Fernandez: Ho, no, I talked to their counsel last night. at 6:30, 7:00
o'clock, at night and Mr. Rodriguez and I fully explained to Terremark's
attorney...
Mayor Suarez: If you're satisfied that we should move to deny and deny, then
let's do it.
Mr. Plummer: If they withdraw it, what is there to deny?
Mr. Sergio Rodriguez: They cannot withdraw.
Mayor Suarez: That's the procedural problem.
Mr. Rodriguez: They cannot withdraw an application at this point because the
Zoning Board decision is final on the special exception. And unless it is
appealed to you all...
Mr. Plummer: Like a lot of times, we vote on nothing.
Mr. Rodriguez: ... but there has been an action already made on the...
148
April 27, 1989
Mayor Suarez: What if we took no action at all then? That puts us back to
the denial?
Mr. Rodriguez: Then the Zoning Board's action stands, which is an approval.
Mr. Fernandez.: It stands. Which is an approval.
Mayor Suarez.,: For the first time ever, we're just going to forget that an
item was on our agenda. That has the same effect.
Mr. Fernandez: No, no, no...
Mr. Rodriguez: No.
Mayor Suarez: Because it keeps coming back?
Mr. Rodriguez: That's the opposite of...
Mr. Plummer: Like a lot of times we're going to vote on nothing.
Mr. Rodriguez: No.
Mayor Suarez: All right, I'll entertain a motion that we — are you
representing them, counselor?
Alfredo Gonzalez, Esq.: Yes, I'm representing Terremark. My name is Alfredo
Gonzalez, I'm an attorney with offices at 3225 Aviation Avenue and, you know,
after much consideration, we've determined that the time is not right or the
conditions right for the helistop at this time and in the interest of the
community we are withdrawing our opposition to the appeal and we wanted to
withdraw the application but apparently that's not possible.
Mayor Suarez: And you understand that the effect of a motion to deny and a
denial is roughly the same thing as what you would like to do by withdrawal
but are being told cannot do procedurally.
Mr. Gonzalez: Yes, we understand.
Mr. Fernandez: In your packet, you have two resolutions, A and B. In
essence, the effect of what he's proposing is that you pass right now
resolution B which is re...
Mayor Suarez: Well, why don't we take a motion on resolution B then?
Resolution B in our package effectively denies the application.
Mr. Fernandez: Reversing the decision.
Mr. Rodriguez: Reverse the decision from the Zoning Board.
Mr. Plummer: So move.
Mayor Suarez: Moved. Boy, that took a long time to get out. Second. Call
the roll. I presume there's no one opposed here. Let the record reflect no
one stepped forward.
149 April 27, 1989
r
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 69-405
A RESOLUTION REVERSING THE DECISION OF THE ZONING
BOARD AND DENYING THE SPECIAL EXCEPTIO14 AS LISTED IN
ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, SCHEDULE OF DISTRICT REGULATIONS,
PAGE 3 OF 6, PRINCIPAL USES AND STRUCTURES, TO ALLOW
THE CONSTRUCTION AND OPERATION OF A HELISTOP ON THE
ROOF OF THE TERREMARK OFFICE BUILDING UNDER
CONSTRUCTION AT 2601 SOUTH BAYSHORE DRIVE (MORE
PARTICULARLY DESCRIBED HEREIN) AS PER PLANS ON FILE,
AND SUBJECT TO A TOTAL OF ONLY TWO (2) TOUCHDOWNS PER
DAY FROM MONDAY TO FRIDAY, FROM 9:00 A.M. TO 4:00
P.M., NOT TO BE REGULARLY SCHEDULED; AND NO FLYING
OVER THE, RESIDENTIAL DISTRICT; ZONED RO-3/6
RESIDENTIAL OFFICE.
(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 Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSTAINED: Commissioner Rosario Kennedy
Mr. Dawkins: Mr. Mayor, at 7:00 o'clock...
Mayor Suarez: Yes.
Mr. Dawkins: ... I'll leave but I'll be back by 7:30 or 8:00 o'clock.
Mayor Suarez: OK, Commissioner.
------------------------------------------------------------------------------
40. CONTINUE THREE PROPOSED FIRST READING ORDINANCES - in connection with
the elimination of transitional uses, to the next Planning and Zoning
meeting.
Mayor Suarez: PZ--30 now, before people gait around all evening. Are -we going
to be acting to continue that? I:, a general agreement that that is a good
idea or am I not reflecting the; feeling of thor�e concerned., Guillermo?
Mr. Guillermo Olmedillo: Mr. Mayor, Vice Mayor, we've heard from both the
neighbors of the Coral Gate area and we've heard from the real estate
operators in the City and both have expressed a desire to continue the item.
I don't know if they've contacted you but they surely contacted us and they
have stated that.
Mr. Plummer: For thirty days?
Mayor Suarez: Um hum.
Mr. Olmedillo: Excuse me, sir?
Mr. Plummer: For thirty days?
Mr. Olmedillo: Why don't we allow them to speak and...
Mayor Suarez: Are you representing the Coral Gate?
150 April 27, 1989
Ms. Graciela Garrido: Yes, Graciela Garrido, 3620 S.W. 20th Street.
Mayor Suarez: Representing?
Ms. Garrido: I'm representing Coral. Gate Homeowners Association and a new
group that's called the Miami Homeowners Coalition with members from Coconut
Grove and the Roads - essentially the Coral Way corridor. And we would like
to respectfully request that the item, PZ-30, and those accompanying it on
transitional zoning, be postponed till the next meeting at 6.00 o'clock, if
possible.
Mr. Dawkins: So move.
Mr. Plummer: Second, I have no problem.
Mrs. Kennedy: Second.
Mayor Suarez: Moved. And, Herb, on behalf of the Board of Realtors, you...
Mr. Herbert Simon: Herbert Simon on behalf of the Board of Realtors, we would
also like to ask that it be postponed in the hopes that all groups concerned
can get together with the Planning Department, come up with a compromise
that's suitable to everybody. I think it can be done.
Mr. Plummer: Why a compromise?
Mr. Simon: Well, if you want to just leave it like it is, I'm very happy, Mr.
Plummer.
Mrs. Kennedy: Because they have different alternatives and they're trying to
get everybody to agree. Call the roll?
Mr. Simon: If you want to take it up tonight, go right ahead.
Mayor Suarez: No, I'm ready to continue. God knows, we got a lot of other
things to do.
Mr. Rodriguez: So the motion is to continue until the next Commission meeting
on planning and zoning, May 25th at 6:00 p.m.
Mr. Plummer: May 25th. That's fine.
Mayor Suarez: OK, moved and seconded. Call the roll.
Mr. Plummer: That's 30, 31, and 32, correct?
Mr. Olmedillo: That's 30 A, B, and C.
Mr. Rodriguez: Thirty A, B, and C.
Mr. Plummer: Oh.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 89-406
A MOTION TO CONTINUE THREE PROPOSED ORDINANCES (ATENDA
ITEMS PZ-30 A, B, AND C) IN CONNECTION WITH THE
ELIMINATION OF TRANSITIONAL USES, TO THE NEXT PLANNING
AND ZONING MEETING PRESENTLY SCHEDULED FOR MAY 25,
1989, AT 6:00 P.M.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
151 April 27, 1989
r
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Ms. Garrido: Thank you.
NOTE FOR THE RECORD: At this point, the City Commission
temporarily defers consideration of Planning and Zoning items.
41. AUTHORIZE CITY ATTORNEY TO SEEK DECLARATORY RELIEF IN CONNECTION WITH
FLORIDA SUPREME COURT'S RECENT DECISION REGARDING OFFSET TAKEN BY
PENSION BOARDS OF DISABILITY PENSION BENEFITS - further authorize City
Attorney to seek outside legal counsel, if deemed necessary by him.
Mayor Suarez: A couple of cleanup items, Mr. City Attorney, you need approval
for us to give you leeway to appeal the Supreme Court by a motion for
or other procedure...
Mr. Jorge Fernandez: Correctly. And...
Mayor Suarez: ... that unfavorable decision on the pensions?
Mr. Fernandez: Exactly. There is a resolution that if I read the title, I've
already spoken to most of you about that. A resolution authorizing the City
Attorney to seek declaratory relief and any other appropriate relief from and
in connection with the Florida Supreme Court's recent decision involving the
offset taken by the Pension Boards of disability pension benefits in the
amount of Workers Compensation benefits paid by the City. Said relief to be
sought against all parties deemed appropriate or necessary by the City
Attorney and in whatever form that may be chosen by the City Attorney.
Further authorizing the City Attorney to expend an amount not to exceed
$10,000 from the self insurance and insurance trust fund for outside legal
counsel if deemed necessary by the City Attorney in connection with the above
authorized activity. 61e intend to pursue this matter all the v ay to the
highest court of the land. This is a decision that adversely has impacted the
City of Miami. We feel we need to get. clarification, L,e need to get other
parties involved and v e need to move with haste. I may not hc:ve the time to
corne back to you at the next City Commission meeting, because within the next
seven days...
Mayor Suarez: Does anybody have any problem with this before he gives us
every possible reason in the history of the world...
Mr. Plummer: The only problem I have is the wording relating to' outside
counsel. How much will it cost?
Mr. Fernandez: You're limiting me to $10,000, I would try to spend as little
as possible. We're talking about one...
Mr. Plummer: That's fine. I move it.
Mayor Suarez: Moved.
-; Mr. Dawkins: Second.
.R
Mayor Suarez: Call the roll.
152
April 27, 1989
IL
The following resolution was introduced by Commissioner. Plummer, who
moved its adoption:
RESOLUTION NO. 89-407
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK
DECLARATORY RELIEF AND ANY OT14ER APPROPRIATE RELIEF
FROM AND IN CONNECTION WITH THE FLORIDA SUPREME
COURT'S RECENT DECISION INVOLVING THE OFFSET TAKEN BY
THE PENSION BOARDS OF DISABILITY FE14SION BENEFITS IN
THE AMOUNT OF WORKERS' COMPENSATION BENEFITS PAID BY
THE CITY, SAID RELIEF TO BE SOUGHT AGAINST ALL PARTIES
DEEMED APPROPRIATE OR NECESSARY BY THE CITY ATTORNEY
AND IN WHATEVER FORUM THAT MAY BE CHOSEN BY THE CITY
ATTORNEY; FURTHER AUTHORIZING THE CITY ATTORNEY TO
EXPEND AN AMOUNT NOT BE EXCEED $10,000 FROM THE SELF-
INSURANCE AND INSURANCE TRUST FUND FOR OUTSIDE LEGAL
COUNSEL, IF DEEMED NECESSARY BY THE CITY ATTORNEY IN
CONNECTION WITH THE ABOVE AUTHORIZED ACTIVITY.
(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 Rosario Kennedy
Commissioner Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Victor De Yurre.
42. RESCHEDULE FIRST CITY COMMISSION MEETING IN JUNE TO TAKE PLACE ON JUNE
7TH, 1989
------------------------------------------------------------------------------
Mayor Suarez: The first meeting in June I had proposed to meet on June - what
was the date that Commissioner Dawkins had a conflict with, Jeff? The sixth,
and now find that he has a conflict on that date but that we're OK on either
the 5th or the 7th of June. Now, 7th is a Wednesday, you're OK on that, J.L.?
Mr. Plummer: That's my brother's day off. What about the 8th, have you
considered that?
Mayor Suarez: No, that's when I have a conflict. That would have been the
normal date: but I'm leaving town.
Mr. Plummer: As far as I know right now, go ahead.
Mayor Suarez: O1C, do you want to try the 5th? Prefer to try the Mon...
Mr. Plummer: No, no, please, not Monday.
Mayor Suarez: OK, I'll entertain a motion on making it June the 7th then.
What did I say?
Mr. Plummer: Seventh.
Mr. Rodriguez: June 7th.
Mayor Suarez: Seventh. Is that all right? Move it? Somebody.
Mr. P1'ummer: I moved it.
Mayor Suarez: Do we have a second? Please.
153 April 27, 1989
Mrs. Kennedy: Second.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Pltv=er, who
moved its adoption:
RESOLUTION NO. 89-408
A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY
COMMISSION MEETING OF JUNE, 1989, TO TAKE PLACE ON
JUNE 7, 1989, COMMENCING AT 9:00 A.M.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Victor De Yurre.
(NOTE: Although absent at the time of roll call, Vice Mayor De Yurre
requested of the Clerk to be shown as voting with the motion.)
------------------------------------------------------------------------------
43. EMERGENCY ORDINANCE: Establish new special revenue fund: "EMS First Aid
Resource Training (FY 189)".
Mr. Plummer: Can I do this housekeeping...
Mayor Suarez: Yes, Commissioner Plummer.
THEREUPON, THE COMMISSIONER PLUMMER READ THE ORDINANCE INTO THE PUBLIC
RECORD, BY TITLE ONLY.
Mr. Plummer: I move it and it takes two votes. You don't have four people
here. Call the roll.
Mayor Suarez: Did you move it?
Mr. Plummer: Yes.
Mayor Suarez: Did you second, Mr. Vice Mayor? Call the roll.
fir. Plummer: By the way, for the record, this comes with a recommendation of
the City i,Fanager.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED: "EMS FIRST AID RESOURCE
TRAINING (FY '89)", APPROPRIATING FUNDS FOR THE
OPERATION OF SAME IN THE AMOUNT OF $39,873, CONSISTING
OF A $26,539 GRANT FROM THE STATE OF FLORIDA;
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES;
$6,970 FROM FY 188-'89 GENERAL FUND; DEPARTMENT OF
FIRE, RESCUE AND INSPECTION SERVICES; AND $6,364 FROM
THE VIDEO PRODUCTION AND TRAINING ASSISTANCE CAPITAL
PROJECT (313228); CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner De
Yurre, for adoption as an emergency measure and dispensing with the
154 April 27, 1989
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller Dawkins
Whereupon the Commission on motion of Commissioner Plummer
and seconded
by Commissioner De Yurre, adopted said ordinance by the following
vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller Dawkins
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10577.
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:
Mayor Suarez: OK, PZ-1.
Mr. Guillermo Olmedillo: PZ-1...
Mr. Plummer: Wait, wait a minute, it takes a second vote.
It's an emergency
ordinance.
Mayor Suarez: Is it an ordinance or a resolution?
Mr. Plummer: Excuse me. Yes, do it or lose your money.
That's why I read
it. It's an emergency ordinance.
Mayor Suarez: I'm sorry, go ahead, go ahead, call the second roll.
NOTE FOR THE RECORD: At this point, the City Commission
temporarily resumes consideration of items on the Planning and
Zoning agenda.
44. SECO14D READING ORDINANCE: Amend zoning atlas by changing and clarifying
zoning designation at approximately 115-129 S.W. 36th Court from CR-3/7
to RG-1/3 (Applicant: Planning Department.)
Mayor Suarez: PZ-1.
Mr. Guillermo Olmedillo: PZ-1, Mr. Mayor, Vice Mayor, is a scrivener's error.
It's the second reading...
Mr. Plummer: Move it.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Call the roll.
155 April 27, 1989
a -
.. . ,. ,... •,� -:: � :: -_ . k _`�7 r�'x'�::.>>Yxwi xa' eS-.�>x3&v .F„ . ,.. <...,. � ��. ... u.. .�....
El
AN ORDINANCE -
L`
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FOR THE SOUTHERLY 5 FEET OF THE LOT
LOCATED AT APPROXIMATELY 1.1.5-129 SOUTHWEST 36TH COURT,
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN),
FROM CR-3/7 COMMERCIAL RESIDENTIAL (GENERAL) TO RG-1/3
(GENERAL RESIDENTIAL); MAKING FINDINGS; AND BY MAKING
ALL THE NECESSARY CHA14GES ON PAGE NO. 33 OF SAID
ZONING ATLAS; AND PROVIDING AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of March 23, 1989,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Kennedy, 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 Rosario Kennedy
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller Dawkins.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10578.
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. SECOND READING ORDINANCE: Amend 9500, "Limitations on Location and
Extension of Docks and Piers in Residential and CR-2 Districts;
Limitations on Location and Character of Vessels Docked or Moored";
"Special Limitations Concerning Modification of Separation Requirement
in RG-2.1, RG-3, and SPI-5 Districts"; "Extensions of Docks and Piers
into Waterways Generally"; "Extensions of Docks into Waterways, Canals
or Biscayne Bay; Special Exceptions" - Increase permitted distance that
docks or piers may extend into Biscayne Bay and other waterways -
Prohibit grants of variance in these instances in RS-1, RS-2 and RG-1
Districts (Applicant: Planning Department).
-------------------------------------------------------------------------------
Mr. Plummer.: Mr. Mlayor...
Mayor Suarez: Yes.
Mr. Plun-;ner: ... iterz 20 is a non controversial item. It comes with the
approval of everyone. There are no objectors on item 20. The doctor that is
involved has very sick father, he's been here five times. May I ask that I be
able to move item 207
Mrs. Kennedy: What is it?
Mr. Sergio Rodriguez: Docks.
Mr. Guillermo Olmedillo: The docks, the extension of docks into...
Mr. Plummer: On the docks. It's all with approval.
Mayor Suarez: We have no one here to oppose PZ-20. Let the record reflect
that no one has stepped forward.
Mrs. Kennedy: This is to increase it 25 feet to 35 feet.
156
April 27, 1989
Mr. Olmedillo:
To 35 feet, that is correct.
Mr. Plummer: That is correct.
Mrs. Kennedy:
No problem. Second.
Mayor Suarez:
In which case, we'll entertain a motion. Second. Read the
ordinance.
AT THIS POINT,
THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD
BY
TITLE ONLY.
Mayor Suarez:
Call the roll.
Mr. De Yurre:
Question.
Mayor Suarez:
Commissioner - Mr. Vice Mayor.
Mr. De Yurre:
Is this the same applicant that about a year ago said that
no
matter what we
decided, he was going to have his races out there?
Mr. Plummer:
I don't think that was the comment made. He's here and can
speak for himself. This, I think, is an understanding that he learned how
to
become humble
and comply with the law and work within the system.
Mr. De Yurre:
Is that the case?
Mr. Plummer:
I'm sure that's the only way that it comes with the approval
of
the department.
Mr. De Yurre:
Is he here?
Mr. Olmedillo:
I don't if...
Mr. Plummer:
Yes, doctor's here.
Mr. Olmedillo:
Dr. Geoffrey Tardiff.
Mr. Plummer:
He's here.
Mr. De Yurre:
Come on down. No extra charge. Is that the case?
Dr. Geoffrey Tardiff: Yes, sir.
Mr. De Yurre:
OK, thank you.
Mayor Suarez:
You read the ordinance?
Mr. Plummer: Yes.
Mr. Fernandez:
It's read.
Mayor Suarez:
.... motioned, seconded, call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING ORDINANCE 9500, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING: SUBSECTIONS 2024.1.3, ENTITLED "LIMITATIONS
ON LOCATION AND EXTENSION OF DOCKS AND PIERS IN
RESIDENTIAL AND CR-2 DISTRICTS; LIMITATIONS ON
LOCATION AND CHARACTER OF VESSELS DOCKED OR MOORED";
SUBSECTION 2024.1.3.1 ENTITLED "SPECIAL LIMITATIONS
CONCERNING MODIFICATION OF SEPARATION REQUIREMENTS IN
RG-2.1, RG-3, AND SPI-5 DISTRICTS"; SUBSECTION 2024.10
ENTITLED "EXTENSIONS OF DOCKS AND PIERS INTO WATERWAYS
GENERALLY"; AND SUBSECTION 2024.11 ENTITLED
"EXTENSIONS OF DOCKS INTO WATERWAYS, CANALS OR
BISCAYNE BAY; SPECIAL EXCEPTIONS", BY INCREASING FROM
TWENTY-FIVE (25) FEET TO THIRTY-FIVE (35) FEET THE
PERMITTED DISTANCE THAT DOCKS OR PIERS MAY EXTEND INTO
BISCAYNE BAY AND OTHER WATERWAYS; AND PROHIBITING
GRANTS OR VARIANCE IN THESE INSTANCES IN THE RS-1, RS-
2, AND RG-1 DISTRICTS.
Passed on its first reading by title at the meeting of January 26, 1989,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Kennedy, 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 Rosario Kennedy
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10579.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
46. SECOND READING ORDINANCE: Amend zoning atlas by changing and clarifying
designation of the entire lot at approximately 879 N.E. 78th Street from
a combination of CR-3/7 and RS-2/2 to CR-3/7 (Applicant: Planning
Department.)
------------
Mayor Suarez; PZ-2.
Mr. Guillermo Olmedi.11o: PZ-2 is the second reading of another corrective
amendment...
Mayor Suarez: I'll entertain a motion on it.
Mr. Plummer: Move it.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Is there anyone that wishes to be heard on
PZ-2? Let the record reflect that no one stepped forward. Read the
ordinance. Call the roll.
158 April 27, 1989
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 FOR
PROPERTY LOCATED AT APPROXIMATELY 879 NORTHEAST 78TH
STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN), FROM COMBINATION OF CR-3/7 COMMERCIAL
RESIDENTIAL AND RS-2/2 TO CR-3/7 COMMERCIAL
RESIDENTIAL; MAKING FINDINGS; AND BY MAK114G ALL THE
NECESSARY CHANGES ON PAGE NO. 9 OF SAID ZONING ATLAS.
Passed on its first reading by title at the meeting of March 23, 1989,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Kennedy, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Rosario Kennedy
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Commissioner Miller Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10580.
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.
47. SECOND READING ORDINANCE: Amend zoning atlas at approximately 6500-6598
W. Flagler Street from RG-3/5 to CR-2/7 (Applicants: Peter and Antonia
Olivera, et al).
------------------------------------------------------------------------------
Mayor Suarez: PZ-3.
Mr. Guillermo Olmedillo: PZ-3 is the second reading.
Mrs. Kennedy: Did they already give the $10,000 that they volunteered?
Mr. Olmedillo: That is correct.
Mrs. Kennedy: Move it.
Mayor Suarez: 14oved and seconded. Moved, do we have a second?
Mr. De Yur.re: Second.
Mayor Suarez: Second. Anyone wish to be heard against this item? Let the
record reflect that no one stepped forward. This is the second reading.
Please read the ordinance. Call the roll.
159 April 27, 1989
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 OF
APPROXIMATELY 6500-6598 '"TEST FLAGLER STREET, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM RG-
3/5 GENERAL RESIDENTIAL TO CR-2/7 COMMERCIAL
RESIDENTIAL (COMMUNITY); BY MAKING FINDINGS; AND BY
MAKING ALL THE NECESSARY CHANGES ON PAGE 140. 30 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 March 23, 1989,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Kennedy, seconded by Commissioner De Yurre, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Rosario Kennedy
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J.L. Plummer, Jr.
Commissioner Miller Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10581.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
------------------------------------------------------------------------------
48. A. FIRST READING ORDINANCE: Amend Miami Comprehensive Neighborhood Plan
1989-2000 by changing land use designation at approximately 833-899 N.W.
4th Street, 430 and 490 N.W. South River Drive and 401-449 N.W. 9th
Avenue from Multi -Family Medium Density Residential to multi -Family High
Density Residential (Applicant: G & J Investment Corp.).
B. DIRECT CITY CLERK TO TRANSMIT TO FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS, FOR 90-DAY REVIEW AND COMMENT, PROPOSED SMALL SCALE PLAN
AMENDMENT TO THE FUTURE LAUD USE PLAN MAP OF MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1989-2000 - Change designation at approximately 833-
899 N.W. 4th Street, 430 and 490 N.W. South River Drive and 401-449 N.W.
9th Avenue from Multi -Family Medium Density Residential to Multi -Family
High Density Residential.
C. FIRST READING ORDINANCE: Amcnd zoning atlas at approximately 833-899
N.W. 4th Street, 430 and 490 14,11. South River Drive and 401.--449 N.W. 9th
Avenue from RG-2/5 to RG-3/5 (Applicant: G & J Investment Corp.).
Mayor Suarez: PZ-4, related item.
Mr. Guillermo Olmedillo: PZ-4, 5 and 6 are companion items. PZ-4 is the
Comprehensive Plan amendment, PZ-5 is the referral to DCA (Department of
Community Affairs) for comments, 90 day comments, and PZ-6 is the
corresponding zoning change from RG-2/5 to RG-3/5. The application is for
property located between 8th and 9th Avenue and between 4th Street and North
River Drive - excuse me, South River Drive. The Planning Department is
recommending approval. This is located diagonally across the Victoria
Hospital, you're familiar with that area and what the applicant is really
trying to do is that they're expanding a nursery that they have there and the
RG-2/5 does not allow them to expand the facilities; RG-3/5 will allow them to
have more clients in it. The Planning Department is recommending approval.
The Planning Advisory Board recommended approval and the Zoning Board
recommended approval.
160 April 27, 1989
Mrs. Kennedy: They also put in some walls, right? And they landscaped the
property.
Mr. Olmedillo: They submitted a site plan which included walls around and
landscaping - sufficient landscaping.
Mrs. Kennedy: The wells and landscaping... PZ-4.
Mayor Suarez: OK, is there anyone here that...
Mr. Plummer.: Four?
Mr. Jorge Fernandez: Four.
Mayor Suarez: . in opposition to PZ-4? The application contained in PZ-4
or anything related to PZ-47 Let the record reflect that no one stepped
forward.
Mr. De Yurre: I move it.
Mrs. Kennedy: Well, I'll second, I think this is in front of the hospital and
makes it very convenient for the patients, so I'll second it.
Mayor Suarez: We don't need to swear anybody in or... call the roll. Read
the ordinance.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY
TITLE ONLY.
Mr. Plummer: Mr. City Attorney, can I add an amendment to that that if they
don't draw a building permit within one month, it automatically comes back up
for review - I'm sorry, within one year?
Mr. Fernandez: This is a comp plan change and we cannot impose that type of a
condition on this type of a plan change.
Mr. Plummer: But, there's an applicant.
Mr. Rodriguez: He might want to proffer, as part of the zoning change...
Mr. Fernandez: Yes, exactly.
Mr. Rodriguez: ... voluntarily that he will come back after one year...
Greg Ormond, Esq.: Mr. Plummer...
Mr. Plummer: Yes.
Mr. Ormond: If I may, my name is Greg Ormond, my offices are at 306 Alcazar
Avenue in Coral Gables. I represent the applicant.
Mr. PlumTner: Are you a lawyer?
Mr. Ormond: Yes, .sir.
Mr. Plu.,xrner: Are you a registered lobbyist?
Mr. Ormond: Yes, sir.
Mr. Plummer: Have you been sworn in?
Mr. Ormond: Not today, sir.
Mr. Plummer: You must be.
Mayor Suarez: I was trying to avoid this.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.
Mr. Plummer: Go ahead.
161 April 27, 1989
Mr. Ormond:
Mr. Plummer, we have
a certificate of need from
the State of
Florida, HRS
(Health end Rehabilitative Services), which is due
to expire on
July the 7th.
We're going, to try
end get ground broken and
the building
permit pulled
before July the 7th of
this `*ea_r.
Mr. Plummer:
So, you would have no
problem with voluntarily subjecting
that
if you do not
pull a permit within one year, this comes back up
automatically
for review.
Mr. Ormond: No problem whatsoever. You may want to tie it on to the zoning
change if it's legal, but I have no problem with that whatsoever as a
condition.
Mr. Plummer: Fine. Well, he volunteered it.
Mr. Rodriguez: In relation to, I believe, on item 6...
Mr. Plummer: That's fine.
Mr. Rodriguez: ... between the first and second reading.
Mr. Plummer: That's fine. All right, where are we now?
Mr. Fernandez: Call the vote.
Mr. Olmedillo: That's four.
Mr. Plummer: On item...
Mr. Olmedillo: PZ-4.
Mr. Fernandez: Five.
Mr. Olmedillo: PZ-4 which is a planned amendment.
Ms. Hirai: Roll call on four.
Mr. Plummer: We're voting or, four, OK.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE FUTURE LAND USE PLAN MAP OF
THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000,
FOR PROPERTY LOCATED AT APPROXIMATELY 833-899
NORTHWEST 4TH STREET, 430 AND 490 NORTHWEST SOUTH
RIVER DRIVE, AND 401-449 NORTHWEST 9TH AVENUE, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY
CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY FROM
MULTI-F/J-1lLY I;EDIUM DENSITY RESIDENTIAL TO I4ULTI-
FAMILY HIGH DENSITY RESIDENTIAL; MAKING FINDINGS; AND
PROVIDING AN EFFECTIVE DLTE.
Was introduced I>ti Ccr;:fii.ssioner lie Yurre and seconded by Commissioner
Kennedy and was; pi:sscd on it.:: first rc..:dinp; by title by the following vote:
AYES: Commissioner J. L. Plurt�fner, Jr.
Commissioner Rosario Kennedy
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller Dawkins
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mr. Olmedillo: PZ-5 is the resolution directing the clerk to send this to
Tallahassee for 90 days review.
Mr. De Yurre: Move it.
162 April 27, 1989
Mayor Suarez: So moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded.
Mr. Plummer: Well., OK, under discussion.
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: What does this do to us overall as far as the Comprehensive Plan
is concerned as to the number of amendments that we can make?
Mayor Suarez: Does this restrict - yes, the number of times that we can now
amend it?
Mr. Olmedillo: This is classified as the small scale amendments.
Mayor Suarez: OK, is it just a notification process?
Mr. Olmedillo: Yes, up to three acres. We have to send it to Tallahassee for
90-day review but it doesn't count as one of the twice per year amendments.
But I'll allow Joel Maxwell, from our Law Department...
Mr. Plummer: OK, I'm just asking.
Mayor Suarez: Insubstantial ones, we just notify.
Mr. Olmedillo: Just send over and they have...
Mayor Suarez: Insubstantial ones.
Mr. Olmedillo: The substantial ones...
Mayor Suarez: Isn't that insubstantial ones or nonsubstantial or small scale
or...
Mr. Rodriguez: Small scale.
Mr. Plummer: What is the definition of small scale?
—= Mr. Olmedillo:
Three scale.
Mayor Suarez:
The minimus.
Mr. Olmedillo:
Less than 3 acres is small scale.
Mayor Suarez:
Isn't that what lawyers say?
Mr. P1utrurner :
01'. But, in other words, it's not accumulative
of many little
.f
projects making
a three_ acre?
g
Mr. Olmedillo:
No, it's - that's 30 acres.
>5.
Mr. Rodriguez:
Thirty acres accumulative.
f
Mr. Olmedillo:
When you take it cumulatively...
Mr. Plummer:
But, in other words, this one does count against
the 30 acres.
Mr. Rodriguez:
Right.
Mr. Olmedillo:
Against the 30 acres, that is correct.
- Mr. Plummer:
All right and where are we right now as to the
total amount of
a
acreage, if any,
that we have...
Mr. Olmedillo:
We're starting from scratch.
Mr. Plummer:
This is the first one?
1
163
April 27, 1989
Mr. Olmedillo: That is correct.
Mr. Rodriguez: Right:.
Mr. Plummer: is that a calendar year or is it in a twelve month period?
Mr. Olmedillo: It's a calendar year.
Mr.. Plummer: Starting?
Mr. Rodriguez: January 1st.
Mr. Plummer: Excuse me?
Mr. Olmedillo: Yes, January 1.
Mr. Plummer: January 1. OK.
Mr. Rodriguez: Let me clarify for the record, this is out understanding at
this point. Remember, we have new laws that have been in place. When we ask
opinion in the Law Department in Tallahassee, we're getting some answers that
are not that clear.
Mr. Plummer: OK, I just don't want to come back before this Commission with a
eight hundred million dollar project and be told we can't do anything because
it exceeds and carries us over the 30 acres.
Mr. Rodriguez: That's always a possibil...
Mr. Plummer: OK, I'm just, you know - just want you to know - well, no, not
necessarily, regional impact not necessarily because of let's look at Olypmia
York's project.
Mr. Rodriguez: Well, that will be a development of regional impact from...
Mr. Plummer: That's less than 3 acres.
Mr. Rodriguez: No, but the size we have is on...
Mayor Suarez: Call the roll on PZ-5.
Ms. Hirai: Need a second, Mr. Mayor.
Mayor Suarez: Need a second?
Mr. Plummer: I'll move it.
Mrs. Kennedy: Second. I seconded it.
Mayor Suarez: Moved and seconded. Call the roil.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION 110. 89-409
A RESOLUTION DIRECTING THE CITY CLERK TO TRANSMIT TO
THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, FOR 90-
DAY REVIEW AND COMMENT, A PROPOSED S14ALL SCALE PLAN
AMENDMENT TO THE FUTURE LAND USE PLAN MAP OF THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, CHANGING
THE DESIGNATION FOR PROPERTY LOCATED AT APPROXIMATELY
833-899 NORTHWEST 4TH STREET, 430 AI4D 490 NORTHWEST
SOUTH RIVER DRIVE AND 401-449 NORTHWEST 9TH AVENUE
FROM MULTI -FAMILY MEDIUM DENSITY TO I4ULTI-FA14ILY HIGH
DENSITY RESIDENTIAL; 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 Kennedy, the resolution was passed
and adopted by the following vote:
164 April 27, 1989
0 4
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller Dawkins
Mayor Suarez: And PZ-6, related item.
Mr. Olmedillo: Yes, that is the corresponding zoning change, the RG-2/5 to
RG-3 /5 .
Mr. De Yurre: Moved.
Mayor Suarez: We have a motion.
Mrs. Kennedy: Second.
Mayor Suarez: Second. Read the ordinance.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY
TITLE ONLY.
Mr. Plummer: Question. What is proposed to go on this location?
Mr. Joe McManus: It's a nursing home.
Mr. Plummer: Of how many units?
Mr. Ormond: The existing facility is 80 beds and the addition will be an
additional 40 beds to the facility.
Mr. Plummer: What are the impact fees on this project?
Mr. Ormond: I'm not sure I understand what you mean by impact fees.
Mr. Plummer: How much are the impact fees on this project?
Mr. Fernandez: The square footage...
Mr. Olmedillo: That'll depend on the square footage and we don't have it yet.
Mr. Rodriguez: Remember that...
Mr. Olmedillo: When they apply for the building permit, then we'll know...
Mr. Rodriguez: You're granting a zoning in this case. They can go with
something else v hen they apply for the building permit within the zoning
range.
fir. Plummer: Thant: you.
Mr. Fernandez: It is part of this item that we can consider their proffer
that they will pull building permits within a period of time.
Mr. Plummer: Within 12 months, yes.
Mr. Fernandez: Within 12 months.
Mayor Suarez: Call the roll. I'm sorry, did you read the ordinance, Mr. City
Attorney?
Mr. Fernandez: Yes, I already read it. Now, it's your vote.
Mayor Suarez: Call the roll.
165
April 27, 1989
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF 401-
449 NORTHWEST 9TH AVENUE, 833-899 NORTHWEST 4TH STREET
AND APPROXIMATELY 430 AND 490 NORTHWEST SOUTH RIVER
DRIVE, MIAMI FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN), FROM RG-2/5 GENERAL RESIDENTIAL TO RG-3/5
GENERAL RESIDENTIAL; BY MAKING FINDINGS; AND BY MAKING
ALL THE NECESSARY CHANGES ON PAGE NO. 35 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.
Was introduced by Commissioner De Yurre and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller Dawkins
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
49. AMEND PREVIOUSLY APPROVED DEVELOPMENT ORDER FOR BRICKELL SQUARE PHASES
II AND III PROJECT - at approximately 845-999 Brickell Avenue (a DRI)
(See label 53).
Mayor Suarez: PZ-7.
Mr. Joe McManus: Mr. Mayor, members of the Commission, PZ-7 is a proposed
amendment to a previously issued development order. In 1935 a development
order was issued for phases II and III of the Brickell Square Project and that
is the vacant property that's next to the Brickell Square, Phase I, building
located at Brickell Avenue and S.E. 8th Street. This proposal is merely
related to - strictly related to a time extension such that Phase II would
commence rather than corrLmencing in June, 1987, commmence in November of 1991.
Phase III, rather than commencing in January, 1991, would commence in June,
1995 and the entire project would be completed rather than 1993, the entire
completion date would be extended to 1997. Nothing else changes g=*ith regard
to the development order. Than): you. And the Planning Department recommends
it.
Mayor Suarez: Before... actually, let me do it this way. Why don't we, Madam
City Clerk, why don't we swear in both Mr. Traurig, in case we need his
testimony or presentation, and anyone else in the chambers who expects to
testify in any matter before us. Whether you later actually testify or not,
is of no concern at this point. Would you please raise your... let me just do
the lawyers because we know for sure that they know what they're here on and
otherwise, we have some other people walking in. All the attorneys
representing clients today please raise your hands and be sworn in. Madam
City Clerk, would you administer the oath?
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON 'THIS ISSUE.
Mayor Suarez: I'm sorry, go ahead, counselor.
Robert Traurig, Esq.: Mr. Mayor, for the record, Robert H. Traurig, 1221
Brickell Avenue. We concur with the Planning Department in its
166 April 27, 1989
l�F
recommendation. This is merely an extension of time for the commencement and
completion of Phases II and III of the Brickell Square project. Mr. Lowell
expresses his regrets, he had to leave the chambers.
Mr. Plummer: Mr. Traurig, have you made any kind of volunteer proffer to this
Commission?
Mr. Traurig: Yes, as part of the development order, there are a number of
conditions, all of which require contributions and to the extent...
Mr. Plummer: No, sir, that was under the previous. Now, you're asking us to
extend...
Mr. Traurig: Well...
Mr. Plummer: ... and you're asking for something of the taxpayers of this
community. What are you proposing, if anything, to give back to the
taxpayers?
Mr. Traurig: At the present time, we haven't offered anything, Commissioner,
in view of the fact that this is merely an extension of time. We're going to
be subject to all of the ordinances and the regulations.
Mr. Plummer: And if we don't grant it?
Mr. Traurig: If you don't grant this? Then the development order terminates
and we would have to go back to square one at the South Florida Regional
Planning Council.
Mr. Plummer: Which is about a half a million dollars. I just asked. Your
answer is, you've made no proffer.
Mr. Traurig: We have made no proffer, yes, sir.
Mr. Plummer: All right.
Mayor Suarez: Do you want to move it? Is there anyone here that wishes to be
heard on this item other than the applicant represented by counselor? Let the
record reflect no one stepped forward. I'll entertain a motion on it.
Mr. Plummer: To the Planning Department. How does this benefit the City?
Mr. McManus: This benefits the City, we're talking a million, two hundred
thousand square feet of construction. Two 460,000 square foot office
buildings, a 300,000 square feet of parking garage housing 1,500 cars, the
related addition to the tax base, the construction employment during
approximately 3-4 years of construction and the employment in the office
buildings, you're talking approximately 900,000 square feet of office
building. When those office buildings are completed, the employment in those
office buildings, to City residents.
Mrs. Kennedy: All they're asking for is for the time: frame, I second.
Mr. Plumner: But ve're not getting anything back. That's what I was trying
to...
Mayor Suarez: I -loved and seconded. Any discussion? Call the roll.
Mrs. Kennedy: Well, it's Bob. He knows.
Mr. Plummer: Yes, but he said they proffered nothing.
167 April 27, 1989
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-410
A RESOLUTION, WITH ATTACHMENT, AMENDING A PREVIOUSLY
APPROVED DEVELOPMENT ORDER (RESOLUTION 85-1060;
OCTOBER 10, 1985, ATTACHED) FOR THE BRICKELL SQUARE
PHASES II A14D III PROJECT, AFPROXITIATELY 845-999
BRICKELL AVENUE, A DEVELOPMENT OF REGIONAL IMPACT,
PURSUANT TO SECTION 380.06 FLA. STAT. (SUPP. 1968),
AND MAJOR USE PURSUANT TO ZONING ORDINANCE NO. 9500 BY
AMENDING CONDITION 25 TO EXTEND A DEADLINE; CONDITION
27 OF SAID DEVELOPMENT ORDER BY CHANGING THE
COMMENCEMENT OF PHASE II TO NOVEMBER 1991; PHASE III
TO JUNE 1995, FROM JUNE 1987, JANUARY 1991 AND 1993,
RESPECTIVELY; FURTHER FINDING AND CONFIRMING THAT SAID
CHANGES DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION
PURSUANT TO SECTION 380,06, FLA. STAT. (SUPP. 1988),
AND THAT SAID CHANGES ARE NOT PART OF THE DOWNTOWN
DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDERS
(RESOLUTIONS 87-1148 AND 1149; DECEMBER 10, 1987);
INCORPORATING SAID FINDINGS IN CONCLUSIONS OF LAW;
DIRECTING THE CITY CLERK TO SEND COPIES OF THIS
RESOLUTION TO AFFECTED AGENCIES AND THE DEVELOPER; AND
CONTAINING 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 Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller Dawkins.
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: You can always move to reconsider.
Mr. Plummer: I can't do that during a roll call.
Mayor Suarez: No, but I mean if he comes back in...
Mr. Plummer: I can move to reconsider this item at a later time.
Mayor Suarez: Commissioner. Dawkins, when he comes in, he can.
Mr. Plummer: Yes, I think that's... I'll vote yes and then I'll move later,
when Commissioner Dawkins comes in, to reconsider.
COMMENTS MADE FOLLOWING ROLL CALL:
Mr. Traurig: Thank you.
168 April 27, 1989
50. CONTINUE TO NEXT MEETING PETITION FOR CLOSURE OF FAST -WEST ALLEY -
located within block bounded by N.E. 78th and 79th Streets, N.E. 3rd
Court and FEC right-of-way as well as the east, plus or minus 43.33' of
that portion of N.E. 78th Street. lying west of FEC right-of-way
(Applicant: 79th Street Storage, Inc.).
Mayor Suarez: PZ-8. Street and alley closure, is this at all controversial?
What do we have?
Mr. Jim Kay: Mr. Mayor, members of the Commission, PZ-8 is a public hearing
for the official vacating and closure of an cast -west alley and a portion...
Mayor Suarez: Now, this we usually do get a contribution. And here we can -
street and alley closure? Counselor, we don't get something for our, what was
it, our parks program?
Mr. Plummer: Oh, no,no, no, no. Whoa, wait a minute, give him the
opportunity to get up and volunteer.
Mayor Suarez: Oh, OK. OK.
Mr. Plummer: From the department...
Mayor Suarez: I see a pained look on his face but I'm sure he's ready to
volunteer something.
Mr. Plummer: Wow! How many square feet does that involve?
Steve Helfman, Esq.: For the record, my name is Steve Helfman and I'm here to
play "Let's Make a Deal."
Mr. Plummer: I asked a question. How many thousand square feet does that
involve?
Mr. Kay: The alley, 15 foot wide alley, is 5,400 square feet and the...
Mr. Plummer: Five thousand, four hundred.
Mr. Kay: And the end of the street there is another 2,000 at the end of the
street.
Mr. Plummer: Seventy four hundred square feet. And approximately, do you
know the land value in the area?
Mr. Kay: No, sir, I don't.
Mrs. Kennedy: Eight to $10.00 a square foot.
Mr. Plurwner: Would a hundred dollars a square foot be reasonable?
Mrs. Kennedy: That's arm twisting.
Mr. Helfman: hir.. Plummer, the assessed value of buildings and improvements in
that area is well below $5.00 a square foot. But aside...
Mr. Plummer: Yes, but you're getting away with highway robbery and we...
Mr. Helfman: But, we didn't get away with anything yet.
Mr. Plummer: OK. I'll sit back and listen.
Mr. Helfman: We haven't even started.
Mr. Plummer: Go ahead.
Mr. Helfman: This is a very simple application...
Mr. Plummer: Oh, I'm sure, they all are.
169 April. 27, 1969
Mr. Helfman: ... to close an alley as a requirement of the Plat and Street
Committee for platting process.
Mr. Plummer: And I'll pray you Friday night.
Mayor Suarez: You mean, you're just going to plat it, you're not going to
build on it7
Mr. Helfman: Ultimately, we will build on it, we will pay...
Mr. Plummer: Sure, they can't build without it.
Mayor Suarez: I had an idea that you...
Mr. Helfman: they will pay their fees and their impact fees.
Mr. Plummer: But they can't build what they want because they got a street in
the middle and they can't build over the street.
Mr. Helfman: This is an alley which runs through the property of which we own
all the property surrounding it. It is not...
Mr. Plummer: Very important alley.
Mr. Helfman: ... It cannot be traversed by vehicles because it's not a
through street. It deadends right in our property. The public does not use
the property. Now...
Mr. Plummer: But they can because it is public property.
Mr. Helfman: No, it's private property.
Mr. Plummer: No, it can't be. It's a public alley.
Mr. Helfman: Well, we go...
Mr. Plummer: The public has the right to use it today.
Mr. Helfman: Yes, we've been through this many times. This alley is owned by
the property owners on either side of it.
Mr. Plummer: No.
Mr. Helfman: Yes.
Mr. Plummer: No, how can it be?
Mr. Helfman: The area is dedicated to
the
use of the public for
so long as
the public uses it.
When the public
no
longer uses it, you can apply to
vacate it. If there's
a finding that
the
public's not using it
for public
travel, it revert: to
the owner. The owner
is the one...
Mayor Suarez: Kind
of 1 iiu: Chalk 1 ,
you
Itnow, and the argument
about- who
owns...
Mr. Helfman: The owner is the one who is dedicated this thing to the use of
the public.
Mr. Plummer: That's nice guy.
Mr. Helfman: But, it's no longer used for that purpose. Now, on top of that,
the numbers that have been thrown out about square footage are completely
inaccurate because the dedications required of the developer for the plat net
out the amount of square footage that we're closing. I believe, within a few
hundred square feet. The, and I'll show you...
Mr. Plummer: A hundred dollars a square foot ain't going to cover it.
Mr. Helfman: This map shows in yellow the area to be vacated and the area in
green the amount to be dedicated. So, in effect, there's an equivalent trade
off. He's giving up as much property as he's asking to have vacated.
170 April 27, 1989
Mr. Plummer: I love people like that.
Mr. Helfman: That is, in all fairness, this area is just off 79th Street is
an area that's in desperate need of redevelopment.
Mayor Suarez: It needs development, we agree on that.
Mr. Plummer: Agreed.
Mr. Helfman: And we have paid already over $8,000 in a filing fee just to be
here.
Mr. Plummer: That's a nice guy.
Mr. Helfman: Just to be here. And now, we're coming into develop this area.
We're dedicating land equivalent to the amount. that we're vacating. And I
feel that that's a fair contribution.
Mr. Plummer: Anybody would have to make the same dedications to build. So,
don't come up as a plus item that this is yours and your benevolence and all
of that. The street closure be damned. You'd have to make those dedications
if you were building today. Are you finished?
Mr. Helfman: Well, I'm...
Mr. Plummer: Because I'm getting ready to make a motion and it ain't going to
be good.
Mr. Helfman: Mr. Plummer, I think that we have met all their...
Mr. Plummer: Mr. Mayor, how do you spell deny?
Mayor Suarez: Present, past or future?
Mr. Helfman: If you'll give me a moment, I'll confer with my client.
Mr. Plummer: Please do. Ten.
Mayor Suarez: He's trying to figure out how to spell it, I think.
Mr. Helfman: I have authority to make a voluntary contribution of $1,000 to
the City.
Mr. Plummer: I didn't ask you to insult the City taxpayers. Did you say one
or five?
Mr. Helfman: One.
Mayor Suarez: Commissioner, the development is needed in the area, I...
Mr. Plummer: Yes, so is the help in the inner City parks for the acquisition
of City owned property.
Mayor Suarez: This will produce additional taxes and really, I mean, this is
79th and what, vhat is that Avenue equivalent of the FEC (Florida East Coast)
track?
Mr. Helfman: Third. Third.
Mayor Suarez: Badly needed. I - and plus, there's people waiting to be heard
on other items.
Mr. Plummer: I'll move to deny - I'll move to defer. I'll do you a favor.
I'll move to defer so you can think about it a little bit longer.
-- Mayor Suarez: Move to defer.
Mr. Helfman: Let me just save everybody's time. I don't have the authority,
-- nor does the representative of Public Storage Company tonight, to proffer any
more money so if you want to continue it to your next meeting, you know, I
don't want to fool around. I mean, if that...
171 April 27, 1989
Mr. Plummer: OK, let's defer it till the neat meeting.
Mrs. Kennedy: OK.
Mr. Plummer: For further information.
Mayor Suarez.: I respect your motion to defer, but I won't vote for it.
Mr. Plummer: OR.
Mayor Suarez: So, do we have a second on the motion to defer?
Mrs. Kennedy: Well, yes, anytime any Commissioner here defers, I usually go
along with that as a matter of courtesy. So...
Mayor Suarez: That sounds like a second?
Mrs. Kennedy: Yes.
Mayor Suarez: Moved and seconded to defer. Call the roll.
Mr. Plummer: Sounded like a second.
ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER KENNEDY, THE MOTION TO DEFER THIS MATTER FAILED BY
THE FOLLOWING VOTE:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
NOES: Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
ABSENT: Commissioner Miller Dawkins.
Mayor'Suarez: We're back where we started from.
Mr. Helfman: Why don't I make a motion? I'd like to make a motion to
continue the item to the next hearing.
Mr. Plummer: So move. Well, it can't. You just...
Mrs. Kennedy: You are making the motion?
Mayor Suarez: You're making a motion?
Mrs. Kennedy: You're not here.
Mr. Helfman: I'd lihe to hear a motion.
Mayor Suarez: Lct th( record reflect that he's suggesting the making of a
motion by a duly elected mcmber of this, Commission. it.
Mr. Helfman: I thought I VIPs going to get a second for a moment.
Mayor Suarez: Well, if the applicant wants to try that, I mean, I'll vote for
it.
Mr. Helfman: It's a request and it there's a motion...
®_ Mayor Suarez: OK, please remove it or else let's move to reconsider the last
vote or however you want to do it. Whatever's the easiest way.
Mr. Fernandez: It's really to continue it to the next hearing.
Mr. Plummer: Correct. I'll so move. He's asked for it.
Mrs. Kennedy: Second.
Mr. Rodriguez: May 25th.
172 April 27, 1989
Mayor Suarez: Call the roll.
ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER KENNEDY, THE ITEM WAS CONTINUED TO THE COMMISSION
MEETING OF MAY 2.5, 1989, BY THE FOLLOWING VOTE:
Commissioner. J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller Dawkins
Mayor Suarez: OK.
Mr. Helfman: Thanks.
Mayor Suarez: Anything for peace and quiet in the family.
51. GRANT REQUEST PERMITTING REDUCTION IN MINIMUM REQUIRED NUMBER OF
RESERVOIR CAR SPACES AT AMOCO DRIVE-IN FACILITY (1660 W. Flagler
Street).
Mayor Suarez: No, PZ-9.
Mr. Guillermo Olmedillo: PZ-9 is a review of a special exception with
approval by this City Commission of a reduction in waiting spaces in a car
wash. This is for property located on Flagler Street and 17th Avenue, The
Department recommended denial. The Zoning Board granted the application, of
course, with your review. Our denial is based on the fact that this
particular facility has five access on the street. We had recommended one of
the access be blocked out and have some green space there. The applicant did
not comply with that but they went ahead to the Zoning Board and the Zoning
Board granted the reduction of the spaces.
Mr. De Yurre: Did what?
Mr. Plummer: Let me ask...
Mr. Olmedillo: The reduction of the spaces. See,they...
Mr. Plummer: ... I read here something that you denied it, but grant with
what? A time limitation of a 12-month review.
Mr. Olmedillo: A 12--montf. limitation. Whenever a drive-in or a drive through
doesn't- comply ;.ith the waiting spaces, the reservoir spaces, they have to
come up before the City Corunission for approval. This particular one had to
have two, they only provided one, therefore, it has to be approved by the City
Commission.
Mr. Plum,;ner: But, this is for the car wash.
Mr. Olmedillo: For the car wash, yes, sir.
Mr. Plummer: Is the alternative agreeable with the 12-month review?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: No, sir. Are you agreeable to the review by this Commission in
12 months...
Mr. Sergio Rodriguez: To be sworn in...
Mr. Plummer: I thought they were sworn in.
173 April 27, 1989
Mayor Suarez: Yes, if you want, Lee, if you want to walk around, you can go
ahead and take that one.
Mr. Olmedillo: Commissioner Plummer, the note that you're seeing in the
agenda is that, they will pull a building permit within the 12 months, not that
the review is within the 12 months. You may condition it because this is a
variance from the requirements. It's a special exception, but...
Mr. Plummer: All. right, so then...
Mr. Olmedillo: ... so you may condition it to that particular item.
Mr. Plummer: First of all, because I'm trying to cut through time. Is there
anyone here in opposition? All right, is the applicant in accord with pulling
a permit within 12 months and a review - an approval for 12 months with a
review by this Commission?
Lee Schillinger, Esq.: First of all, Commissioner, my name is Lee
Schillinger. I am an attorney for AMOCO Oil Company with offices at 2121
Ponce de Leon Boulevard. and I am sworn in. The question...
Mr. Plummer: Are you a registered lobbyist with the City?
Mr. Schillinger: Yes, I am and I'm a registered lobbyist with the City and I
do report, yes. We are in accord with the requirement that we pull a permit
within 12 months. My understanding was that if we did not pull a permit
within 12 months, it would come back for review. Not that it would come back
for a review in the event we have pulled the permit within the 12 months. Is
that my...
Mr. Plummer: Well, I stood corrected on that, but I'm asking, are you
agreeable to the imposition of coming back for a review in 12 months? In
other words, we come back in 12 months and find out the situation isn't
working, we have the opportunity to pull the permit.
Mr. Schillinger: Well, the problem is that within that time period, the
station will be in existence and in use. I have no problem with the review in
the event that the permit hasn't been pulled. But we could not accept an
agreement that we would have to close down the station if, at the time of
re...
Mr. Plummer: No, you would have to eliminate the use of the car wash.
Mr. Schillinger: No, we could not agree to that because the car wash would,
of course, have already been constructed and be in use.
Mr. Plummer: I move to deny.
Mr. Schillinger: Can I explain?
Mayor Suarez: Yes, we'll hear from both sides before we vote on the motion to
deny. Go ahead and make your presentation.
Mr. Schillinger: 0K. The existing :station is a very old station that has
been there many, many years. The part of the problems stems from the fact
that there have been several takings of this property by the City and as you
can see from the survey, and I've marked the area in yellcw, that the City has
acquired for road purposes over the years. As a result, we have an unusual
shaped piece of property. The station to be rebuilt will be in accordance
with the standards of the Latin Quarter district and, as you can see from the
model, it will be a substantially more beautiful station than what presently
is existing. Presently, there are six - there are presently six driveways on
the existing location. We closed one of them off. You were previously told
that we had refused to close them. We were really requested to close two
driveways and we agreed to close one. The property is bounded by a number of
streets and with regard to the car wash, which is the only matter that's
present at this point in time and all other matters were already approved by
the Zoning Board, the car wash has, in the drive-in area, more than enough
space for the three cars that are required in the reservoir going into the
driveway, so we are in compliance with that portion of the ordinance. The
only thing that is being reviewed today is, as you leave the car wash, all the
ordinance requires a reservoir for two cars no matter what the use is. It's
174 April 27, 1989
not really for car washes, i.t's primarily for banks. This is a. one-way street
so that you would not have a situation of. cars waiting to get_ across to go in
traffic that was not acing in the same direction. So there would be no reason
for a delay. If a car was to pull around to dry it ever...
NOTE FOR THE RECORD: Commissioner Dawkins returned to the meeting at. 6.35
p.m.
Mrs. Kennedy: Except when you have a green light. on 17th and then it's really
going to be hard to exit.
Mr. Schillinger: It's all one way traffic though. So that you will not have
traffic coming contrary to the way that you're exiting. You would be
traveling with the flow of the traffic and/or they may be coming around over =_
here. There are actually, there's room for... =�
Mayor Suarez: By the way, just for our edification here and the public, of
even for our own, when you say reservoir, what we're talking about is really
the ability to stack at least two cars, is that the idea?
Mr. Plummer: Correct.
Mr. Olmedillo: That is correct.
Mayor Suarez: Who came up with that term? Is that in the code that these are
called reservoirs?
Mr. Olmedillo: Reservoir spaces, yes, sir.
Mr. Plummer: Stacking.
Mayor Suarez: Whose idea was that? Was that the...
Mr. Sergio Rodriguez: Commissioner Plummer, in 1927, I think.
Mr. Plummer: No, that was in reference to the banks and other drive-ins
facilities.
Mr. Schillinger: The driveway is actually large enough that cars could pull
out of this and be situated here.
Mr. Plummer: Xavier, International Bank was using the streets as stacking.
Mr. Schillinger: But it does not, technically, it's not in line and so the
Planning Department counts cars in direct line.
Mayor Suarez: It doesn't sound like the world's most important requirement
for car washes in an area that could use more of them. Let me tell you, there
used to be one on -- pretty close to there that's been closed in recent times
and I...
Mr. Plummer: They had a car wash here.
Mr. SchillinCer: tde're not. changing any of the uses. All we're doing is
changing; the buildings.
Mayor Suarez: And itwould not be nearly as much of a problem regardless of
what we dial as something that we hind of like to see happen, but it's probably
a violation of every possible code which is the youngsters from various
schools that are doing the hand washes in the various stations in that area
and other areas of the City, and there you have cars all over the lot and the
_ street and everywhere else and people flagging you down, which is OK, I guess,
-- it's probably in violation of every code.
- Mr. Schillinger: See, we're trying to...
Mayor Suarez: But anyhow, that does create a bit of a problem for traffic. I
-_-� can't imagine that this would.
Mr. Schillinger: And we're trying to beautify the property. It's an old
dilapidated station...
175 April 27, 1989
Mayor Suarez: Yes, that also is important.
Mr. Schillinger: ... and, as you can see from the rendering, this is going to
be a beautiful station, it's going to comply with all of the requirements of
the Latin Quarter district architecturally, structurally and there is a car
wash there. We're ,just trying to make it more beautiful, we're not adding any
uSeS.
Mr. Plummer: There's only one problem there in this particular location, that
intersection is hell for traffic. You've got Flagler Street running with
traffic running very wild, you've got 17th Avenue is another one that's
running very, very wild. This is not an off beat or a norm, this is a very
busy intersection.
Mr. Schillinger: That's why...
Mayor Suarez: And what is the present ability to stack?
Mr. Schillinger: Presently, the car wash faces into like it's a little...
Mayor Suarez: It's a whole different design so you have an unlimited number
of...
Mr. Schillinger: Presently, the car wash is located in this part, the
southern part of the building and so - and there's like it's like a small
alleyway back here. So the cars can just come out and generally come out and
go into this street over here.
Mrs. Kennedy: They should have two and they only have one.
Mayor Suarez: But presently...
Mr. Schillinger: That's correct, presently, in fact, this doesn't really
reflect the stacking area as the existing structure, but there's room for one
car here and then they have to go into the driveway, one way or the other.
Mayor Suarez: I can't, for the life of me, determine what the importance of
this is, but...
Mr. Schillinger: This was part, as I understand it, when the ordinance was
adopted, it was really adopted as part of an ordinance that relates to drive-
in banks and the ordinance is very clear that all drive-in banks have to
brought before the City Commission.
Mayor Suarez: Yes, and by the way, in that case, to clarify, just for the
audience, if you're as confused as I am, but one thing I do understand is in
the case of drive-ins for banks, the problem of stacking is on the way in, not
on the way out.
Mr. Schilling€r: 'hat': correct.. This is where the primary problem is.
Mayor Sunrc..: Are we s vying there's a problem here on the way out after the
car wash is washed?
ldr. Olmedille: I'rn going to hove to go bacl! to other issues and I have to
apoloUize for this, but the item is before you because the ordinance requires
that you review whenever there's a reduction in the reservoir, especially,
that's one.
Mayor Suarez: Yes, but we have to review based on something intelligent and
some kind of norm, Guillermo. I know we have to review it because we have to
review...
Mr. Olmedillo: Second, this particular item was in front of the Zoning Board
with two variances along with this special exception. You're not looking at
the variances because that was decided by the Zoning Board and we did not
appeal that decision.
Mr. Schillinger: They were all granted.
Mayor Suarez: We appealed only the issue of the reservoirs.
176 April 27, 1989
Mr. Schillinger: It's not appeal...
Mr. Olmedillo: No, it's not an appeal. -
Mr. Rodriguez: You're required to see it.
Mayor Suarez: Are wee - we're here because we have a special use exception
that has to epproved as to the reservoirs.
Mr. Olmedillo: It has to be approved by the City Commission.
Mr. Rodriguez.: That's the only reason it's here.
Mr. Plummer: That's correct, as to drive-in.
Mayor Suarez: But, can you answer my question then, now that you've explained
all of that?
Mr. Olmedillo: When the analysis was made as to the reservoir. spaces of
drive throughs, be it for a car, for financial institutions, car washes, food
service, everything was segregated. They are different. They're not the
same. They are different.
25
Mayor Suarez: My question is, in the case of - you compared it to drive-ins
for teller, for tellers for banks. In that case, we're concerned about -_
stacking on the way in, right?
Mr. Plummer: Correct.
Mayor Suarez: Are we concerned here about stacking on the way out of the car
wash once the car is washed? Is that what you're concerned about?
Mr. Plummer: No. No, no. Into the car wash.
Mayor Suarez: Into the car wash.
Mr. Plummer: Right.
Mayor Suarez: How come he keeps talking...
Mr. Schillinger: We comply with the ordinance into the car wash. We don't
need an exception, we comply with that.
Mayor Suarez: Why would we be concerned about having a reservoir on the way
out of the car wash when, hopefully, the car will just get out of there as
quickly as possible?
Mr. Olmedillo: You usually dry the cars when you go out.
Mr. Rodriguez:: 11hen you're finished.
Mayor Suarez: Vrm Worry, vhat %;*as that?
Mr. Olmedillo: You dry the, cars when you go out, then the...
Mayor Suarez: You drive the cars when you go out, right?
Mr. Olmedillo: You dry it.
Mayor Suarez: Ohhhhhh.
Mr. Olmedillo: From wet to dry.
Mayor Suarez: Do you dry here at this operation?
Mr. Schillinger: No, this car...
Mayor Suarez: I didn't think this was an operation where you dry the car.
Mr. Schillinger: This car wash is intended to have a dryer inside and in
addition to that, people usually...
177 April 27, 1989
One i
that area
at
Mayor Suarez: There's andy that'sn that otherthone theydry
at. the
l9thcar
and S W. they
have plenty of space8th
Street.
Mr. Plummer: The Trail.
Mayor Suarez: Yes, the Trail. They're not going to dry the cars. What
difference does it make? The car is done, it just goes. Anyhow, somebody
else maybe can figure out what this is all about, I can't.
Mr. Plummer: All I'm saying that 1 was asking for is a 12 month review if, in
fact, the thing is not working out, we have the right to say, hey...
Mayor Suarez: We usually do that with the drive-in tellers for banks.
Mr. Plummer: That's exactly what I'm saying.
Mayor Suarez: Yes, that's fine.
Mr. Schillinger: I'm concerned with that...
Mr. Plummer: I asked him originally, if he was agreeable to it, I was going
to move it then. When he was not agreeable toa 12 month to deny.
I'll move it now with a 12 month permit being pulled and
so move.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. You can't live with that?
Mr. De Yurre: I got a problem with that.
or
Mr. i g he company thatinger: The oityis problem
possibility that i n 12 months we may months
telling may lose...
Mr. Plummer: Hey, and if you got cars all over the street and all over hell's
half acre, it should be torn down!
Mr. De Yurre: What is your concern, J.L.?
Mr. Plummer: My concern is the traffic safety.
Mr. De Yurre: Where, at what point?
Mr. Plummer: on all of them. You have two of the busiest streets in this
City involved.
Mr. De Yurre: What's the difference from what we have there today?
Mr. Plummer: Because if they don't have... what do you mean?
INAUDIBLE Col51I ENTS NOT El- U RED INITO THE PUBLIC RECORD.
Mr. Plum:r,er: Because they're there today prior to the code of trying to
create a little safety in this City.
Mr. De Yurre: What's on record? Do we have any stats on accidents on that
corner caused by Amoco?
Mr. olmedillo: Not in hand. We would have to go to the records, Police
Department records.
Mayor Suarez: Caused by the drying of cars which are not going to dry.
Mr. Plummer: That's not the case at all.
Mayor Suarez: No, I know what you're concerned about. I think you're
concerned about the horrendous traffic corner and having an additional
imposition to - an additional hazard. I just don't see the hazard.
Mr. Schillinger: I would like just to say one thing, Amoco is a very
concerned citizen and if there was a problem of that nature, we would correct
178 April 27, 1989
the problem. Not because we would lose the car vnsh but because it's the
nature of the way Amoco does business. I'm concerned about telling Amoco that
there's a chance that they have - they have a chance of having this reviewed
and the Commission deciding they're unhappy with this and for any reason, and
then that they have to stop the car wash after they've spent all that money.
Mr. Plummer: Well, the other alternative is, you just don't get a car wash.
That's the other side of the coin.
Mr. Schil.linger: I would prefer that not be the case. I mean, we're not
unreasonable at Amoco.
Mayor Suarez: OK, I'll make the substitute motion to approve the special use
exception.
Mrs. Kennedy: I'll second.
Mr. De Yurre: Any further discussion? Call the roll.
The following resolution was introduced by Mayor Suarez, who moved its
adoption:
RESOLUTION NO. 89-411
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, ARTICLE 20, SECTION 2031,
SUBSECTION 2031.2, TO PERMIT A REDUCTION IN THE NUMBER
OF RESERVOIR SPACES FROM A REQUIRED MINIMUM OF 2 TO 1
FOR THE CAR WASH AT THE AMOCO SERVICE STATION FOR THE
PROPERTY LOCATED AT 1660 WEST FLAGLER STREET (MORE
PARTICULARLY DESCRIBED HEREIN), AS PER PLANS ON FILE,
AND SUBJECT TO CLASS C SPECIAL PERMIT; ZONED SPI-14
LATIN QUARTER COMMERCIAL -RESIDENTIAL DISTRICT AND
IMPOSING A TIME LIMITATION OF TWELVE MONTHS WITHIN
WHICH A BUILDING PERMIT MUST BE OBTAINED; FURTHER
REQUIRING THAT APPLICANT SEEK REVIEW OF THIS SPECIAL
EXCEPTION BY THE CITY COMMISSION PROMPTLY AFTER
PASSAGE OF THE TWELVE MONTHS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Rosario Kennedy
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
Commissioner Miller Dawkins
ABSENT: None.
COMMENTS MADE DURI14G ROLL CALL:
Mr. Dawkins: It's too late, but I'll vote no.
COMMENTS MADE AFTER ROLL CALL:
Mr. Schillinger: Thank you very much.
Mayor Suarez: Don't thank us, go do a good job and...
179 April 27, 1989
52. DISCUSS AND TEMPORARILY DEFER DISCUSSION C014CERNING Z014ING AND TRAFFIC
ALTERNATIVES - in the Brea of Coral Way between S.W. 32nd and 37th
Avenues. (Note: This item was not taken up agrin and therefore was
continued to the meeting of May 25, 1989.)
Mayor Suarez: PZ-10, are these all Planning Department items?
Mr. Olmedillo: These are the planning studies that you requested from the
Planning Department. First, is the Coral Way study from 32nd to 37th Avenue.
We were supposed to look at both the traffic situation and the zoning
situation there and what we have produced for you is an analysis. You may
remember that we pulled this item from the last Planning and Zoning Commission
agenda due to the fact...
Mr. Plummer: Mr. Mayor, I don't think there's anybody here on these
particular items. Can we put them off and hear from the public on public
items that are here?
Mayor Suarez: Yes. PZ-10, 11 and 12 are all continued, I mean tabled, until
a litt}e bit later on.
53. (Continued Discussion): BRIEF COMMENTS IN CONNECTION WITH AMENDMENT TO
PREVIOUSLY APPROVED DEVELOPMENT ORDER FOR BRICKELL SQUARE PHASES II AND
III PROJECT - at approximately 845-999 Brickell Avenue (a DRI) (See
label 49).
------------------------------------------------ -----------------------------
Robert Traurig, Esq.: Mr. Mayor, before PZ-13 comes up, could we revisit PZ-7
for just a minute? Despite the four to zero vote in favor of PZ-7, our
_ clients, Equitable Life and Tishman Speyer would like to offer, for the summer
parks program in the inner City parks, an additional $5,000.
Mr. Plummer: We accept it.
Mrs. Kennedy: Thank you.
Mr. Traurig: We would just like to make that offer to you unrelated to the
vote itself.
Mr. Plummer: Thank you, sir.
Mrs. Kennedy: Thank you very much.
Mayor Suarez: Thank you, counselor. Sounds like it's not going to be a
motion to reconsider.
180 April 27, 1989
LA
_ 54. A. DIRECT ADMINISTRATION THAT, IN FUTURE, ADULT CONGREGATE LIVING
FACILITIES (ACLF) APPLICATIONS MUST COME FOR APPROVAL BEFORE THE CITY
COMMISSION.
B. DIRECT ADMINISTRATION TO THOROUGHLY INSPECT ALL EXISTING ACLFs FOR
POSSIBLE VIOLATIONS.
Mayor Suarez: PZ-1.3.
Mr. Guillermo Olmedillo: PZ-13 was a request from the Northeast to have a
moratorium on the ACLF's for the area. First thing that I would like to
explain, Mayor and Commissioners, is that we have to make a distinction
between an ACLF and a CBRF. CBRF is a community based residential facility.
It's the generic term that we use. And that includes adult congregate living
facilities, which is the ACLF's. It includes alcohol rehabs, residential
facilities for drug dependents, residences for developmentally disabled
persons, residential facilities for persons with mental health problems, child
care facilities for dependent children, residential facilities for juvenile
delinquents and residences for adult offenders, otherwise know as half way
houses. So they...
Mayor Suarez: That's that general? I mean, that category of uses is defined
by what?
Mr. Olmedillo: CBRF. These are the ones that we know as CBRF's, community
based residential facilities. ACLF being...
Mayor Suarez: We meaning, we know them as that where?
Mr. Olmedillo: The ordinance, zoning...
Mayor Suarez: Why would anybody group all those things together that are
totally unrelated?
Mr. Olmedillo: Our zoning ordinance, after a study that we conducted about
ten years ago, eight years ago, came down to that definition and that was
incorporated into our zoning ordinance, 9500.
Mayor Suarez: And what restrictions apply to CBRFs as so defined in our code?
Mr. Olmedillo: CBRF has up to six residents. They can be just about anywhere
in the City. They can be in an RS-1, RS-2 district with a special...
Mayor Suarez: To sip; residents.
Mr. Olmedillo: Residents. That is correct. Six clients.
Mayor Suarez: Individual people.
Mr. Olmedillo: Six clients. Let's say, if you have six drug offenders, maybe
with a special exception issued by the Zoning Board, they can be just about
anywhere in the City.
Mayor Suarez: OK, is the thing that we've been promoting, the project that
we've been promoting and supporting and encouraging and getting funds for on
the Blue Lagoon area, which is an ACLF, under State law, is that a CBRF under
our code?
Mr. Olmedillo: That is a CBRF under our code and it...
Mayor Suarez: I would certainly never vote against - I mean, in favor of a
moratorium on something like that. I mean, all that is, is elderly housing
where the people there have some physical dependency, under State law, and are
required to have medical attention - at least some supervision in case they
can't take care for themselves although they typically can. And those are
actually great institutions for most neighborhoods, I can't imagine, unless
they violate the zoning code, why anybody would oppose those. So I haven't...
you know, I want to clarify that. Now...
181 April 27, 1989
Mr. Olmedillo: To conclude what first we - I wanted to bring to your
attention to the difference between the different. CBRFs. Second, is that
we're making specific recommendations that deal with the distance requirements
which we have in the ordinance right now to increase that distance requirement
to...
Mayor Suarez: For what kind of facility?
Mr. 01medillo: To all CBRFs.
Mayor Suarez: Including ACLFs?
Mr. Olmedillo: Including ACLFs.
Mr. Plummer: That's not our instructions to you.
Mr. Olmedillo: Excuse me, sir?
Mr. Plummer: Our instructions were a moratorium, complete, not distance
requirements.
Mrs. Kennedy: I guess that the question is, can we legally impose a
moratorium and I don't know if we can nor not.
Mr. Rodriguez: You requested the administration to look at this and we're
coming back with a recommendation of what we believe should be done. Now, if
you agree with us, you tell us go and draft an ordinance and we have to go
through the Planning Advisory Board and so on, go through a long process. If
you disagree with us, or give us different instructions today as to exactly
what you want to do because of the implication that this has, and then we go
through the process of going through the Planning Advisory Board and then
coming to you with law that we will act on it.
Mayor Suarez: OR, but are you saying, Mr. Planning Director, that you
recommend an ordinance, or will be recommending an ordinance that will require
distances between or among or whatever the term would be, facilities like
ACLFs that have absolutely no implication of any antisocial activity in the
past history of the individual housed there and lumping them altogether with
all of these other things that we know clearly are affecting areas of the
Northeast of the City of Miami. Is that your recommendation? Just to lump
them altogether as if they were all the same kinds of things? And in
something called a CBRF?
Mr. Plummer: Shame on you.
Mr. Rodriguez: The issue is, again, remember that
you are asking us for a
moratorium
on all of them and our
recommendation is
that rather than having a
moratorium
throughout the City,
that to avoid
concentration of these
facilities
in certain areas, that
you increase the distance from one facility
to another
and that you reduce
the concentration
of the facilities in a
particular
census tract. You may agree...
Mayor Suarez: Well, but liar may Grant to have a moratorium on certain kinds of
facilities Period, if o-e can avoid thorn, because those areas are already
inundated with them, you know, such as half way houses.
Mr. Rodriguez: That is the purpose...
Mayor Suarez: For ex -offenders.
Mr. Rodriguez: That is the...
Mayor Suarez: You know, just like this Commission is on record and I hope
that at some point, we might be a little flexible, but we're on record as
saying, we don't support a single additional jail in the City of Miami, if I
remember correctly. Because we are particularly concerned about the intensity
or density of those in the City. We're also concerned about half way houses
in the Edgewater, Wynwood area, in the Northeast, half way houses for ex -
offenders. We're concerned about alcohol addiction and drug addiction
treatment centers in some areas of the City because of the preponderance of
them again in Edgewater and Wynwood and the Northeast. ;
182 April 27, 1989
Mr. Plummer: Well, Mr. Mayor...
Mayor Suarez: But that doesn't necessarily mean that, at least for myself,
that I would vote in favor of a moratorium on things that are quite desirable
to have in many neighborhoods. That would be crazy.
Mr. Plummer: Mr. Mayor, let me speak my piece. I'm not in favor of a
moratorium, just in a specified area.. I think this City is overburdened with
the number of half way houses, rehabilitation places that, until, as I have
said before, to the other cities in this county pick up their proportionate
share, I think this City has had it. Now, you know, you can't sit here and
tell me that some of these kids that are into drugs into these rehab houses,
don't come from Coral Gables or Miami Shores or El Portal. Let them open
their own.
Mayor Suarez: But see, a category you're using is the one that makes sense.
You're using a category of either ex -offender or some kind of a treatment for
some kind of an addiction and I can see, you know, taking stock of the
preponderance of these, but an ACLF just doesn't necessarily fit that category
at all. An ACLF can be just a residence for people who need some kind of
physical supervision or attention, that's all.
Mr. Rodriguez: Right. But if you go back to the motion...
Mrs. Kennedy: Well, I asked for a legal opinion and I still haven't heard it.
Joel Maxwell, Esq.: Mr. Mayor, members of the Commission, first of all, it is
legal, subject to certain conditions. It will be a zoning moratorium and, of
course, zoning moratorium would have to - it would be a zoning change and
would have to be adopted with all the dignity of any other zoning change. One
of the requirements for a moratorium is pointed out by the questions raised by
the Mayor right now. And that is the need for a study to support any action
that you may take. The moratorium could only be for a specific period of time
and that time would have to be reasonable, based first on the study and the
evil that the moratorium is directed to. So, the answer is, yes, you can do
it, subject to those conditions. But it would have to...
Mayor Suarez: So, to summarize what you're saying, I think the direction
you're taking is that are you asking us to give you leeway to go through all
the procedures to bring back to us the possible moratorium and possible
distancing requirements?
Mr. Maxwell: No, sir, to be direct, we're not asking for leeway to do it.
I'm telling you, you have to do it that way.
Mayor Suarez: You have to, OK.
Mr. Rodriguez: Because you instructed us.
Mayor Suarez: And you will keep in mind that some of these facilities, unless
some Commissioner contradicts me on this, are quite beneficial to the
community and not detrimental in any way. I mean, before you bring this back.
Mr. Maxwell: That's why the studies are necessary, sir.
Mr. Rodriguez: I wanted to remind you that the instructions that we received
from you was a moratorium on all ACLFs throughout the City.
Mayor Suarez:
I can't vote for that. It doesn't
make any sense.
We'd be
stopping construction
of a project that...
�=
Mr. Rodriguez:
But that's the instructions you gave us before.
Mr. Plummer:
No, I said on the record that I would never vote to
i
close or
stop a place
that was feeding the needy people.
Now, I couldn't
vote for
that, OK?
Mrs. Kennedy:
All right, so then you're asking
us to change from
eighteen
MM
hundred and twenty-seven,
if that's what it is, to
twenty three or twenty five
hundred and to
lower the census cap from 3 percent
to what, two, two
percent?
183 April 27, 1989
Mr. Plummer: How about if you go just - only a permitted use in an industrial
section? I'm asking a question.
you bath - each of You lost me with that. one. I,didn't
Mayor Suarez: ,,,ell, y oar's, either one. You lost me
know what the Commissioners comments meant or y
on both of them.
Mrs. Kennedy: Right noW, they have to be 1,827 feet from each other.
Mayor Suarez: What has to be 1,827 from each other?
Mrs. Kennedy: The AF —
Mr. Olmedillo: Well, right now, all CBRFs within the City have to be...
Mayor Suarez: Any CBRF?
Mr. Olmedillo: That is correct. But now, we're getting direction from you at
least that we should
CBRFssegregate
thisthis
is Ba direct ionthe
thatFwe reould be getting stoday.
from the rest of the
Mayor Suarez: Well, if it's just for people who have some physical dependency
and maybe need some supervision, I don't...
Mr. Olmedillo: And that is fine if, you know, if we're getting that direction
from you all we can incorporate it in anything.
Mayor Suarez: And I mean, physical dependency, I mean, they have some medical
attention maybe needed for... OK...
Mr. Olmedillo: Point well taken.
Mayor Suarez: Now, that was the issue of the distancing. What was the other
issue you mentioned before, Commissioner Plummer?
Mr. Olmedillo: The population.
Mr. Rodriguez: Concentration.
Mr. Plummer: Zoning.
Mrs. Kennedy: No, the number of people in the population.
Mr. Olmedillo: Population cap, right now we have a three percent...
Mayor Suarez: Population cap, now what does that mean? You're not going to
put a population cap on the City of Miami that I'm aware of. What do you
mean, population cap for what-?
C:ErFs cannot exceed 3 percent of the population of that
Mr. Olmedillo:
consensus tract. So i.klut's another control that we have in our
particular cons
ordinance. tdhat `.e're suggestingthat l.otEc:r th::t population ca17 so that
fewer facilities or fewer patients cal; be housed
Mayor Suarez: Let me ifacus on it in terms of half sway facilities. Would we
be saying, for example, you might bring us back an ordinance that: could say,
no half way facilities for a number of people that exceed two percent of the
population in that area. Is that what you're saying?
Mr. Olmedillo: In total. Within that area.
Mayor Suarez: Of course, there's areas of Miami that automatically violate
that....
Mr. Olmedillo: Well, they will...
Mayor Suarez: ... so that would be an automatic moratorium.
Mr. Olmedillo: They will be nonconforming and it'll be a moratorium on that,
on those that are...
184 April 27, 1989
El
Mr. Plummer: Now about a situation in relation to zoning? That they only be
a permitted use in an industrial zoning?
Mr. Olmedillo: Exclusively.
Mayor Suarez: Jesus Christ, i.nstesd of helping us they make it more difficult
for us.
Mr. Plummer: Is that legal? I'm asking.
Mayor Suarez: What about the zoning? I'm not sure I'm grasping onto that.
To say that they can only do it in industrial areas, is that...
Mr. Plummer: I'm using that as an example.
Mayor Suarez: Or, in some area that's zoned something other than residential,
single family, multi family, residential, is that...
Mr. Olmedillo: I'm going to throw this back to the Law Department but I
believe there's legislation that addresses up to six clients or six - I don't
know how you want to term it - clients, I'll call them clients for now. Up to
six clients, I believe, there is a ruling by the state that they can be
located in single family areas. And what...
Mr. Plummer: Well, they can do it but our zoning can be different.
Mr. Olmedillo: Yes, but we did, was allow that only through special
exception.
Mayor Suarez: Well, but beyond six. I mean, up to six, is you mean, because
you have like Charlie houses and things like that, that could be like a family
almost.
Mr. Olmedillo: But, if we may hear from the Law Department, I think we can...
Mr. Maxwell: Under state law, all adult congregate living facilities have to
comply with the local zoning ordinances first. So, if you place additional
restrictions on there, they'd have to comply with that.
Mayor Suarez: OK, so we can go beyond the state...
Mr. Plummer: In other words, is it possible that we could outlaw them right
now in all residential areas?
Mr. Maxwell: It could be done if you had rational basis for doing so and you
do not - it does not have the effect of effectively wiping them out throughout
the City. In other words, if want, in fact, adopting some form exclusionary
zoning.
j
j Mayor Suaarez: Let me say, I think we have worked our way here to a very
effective solution. If we impose a lower cap for the number of half way
houses, alcohol and drug treatment centers, in any neighborhood. Some of the
neighborhoods that are concerned about these will automatically be in
! violation which will mean - am I wrong - that it will be an automatic
j moratorium?
Mr. Plummer: nonconforming use.
Mayor Suarez: Right. So, well nonconforming, but, I mean, collectively,
nonconforming.
Mr. Olmedillo: Indirectly, indirectly is a moratorium because no more would
be allowed.
Mayor Suarez: And, so I think that's the direction we ought to move in and as
quickly as possible for areas that have a critical problem in this situation
and that includes most of the Northeast.
Mr. Olmedillo: The Law Department opened another issue which is to declare -
you may declare a moratorium for specific time while the study is being
performed.
185 April 27, 1989
#I W
Mayor Suarez: What, Joel?
Mr. Maxwell: No, I'm saying but that couldn't be done tonight. You can do
that after it goes through the process.
Mr. Plummer: How about a situation in which all of these facilities take a
public hearing before this Commission?
Mayor Suarez: Yes. How, about that? Could we impose that...
Mr. Olmedillo: Yes.
Mayor Suarez: ... by an emergency ordinance today?
Mr. Maxwell: No, sir.
Mr. Olmedillo: No, they're... no.
Mayor Suarez: Could we impose that by emergency - by ordinance at the next
Commission meeting if we advertise it properly?
Mr. Olmedillo: Two Commission meetings.
Mr. Maxwell: And you'll have to go through...
Mayor Suarez: No, two, unless we vote it as an emergency.
Mr. Maxwell: It would have to go through the Planning Depart... you can't
adopt anything affecting land by emergency ordinance, sir.
Mr. Plummer: Well, I would sure move, at this particular time, barring
whatever else you want, that any of these facilities would have to come before
this Commission for approval.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded as to that.
Mr. Plummer: We're not eliminating anything.
Mr. De Yurre: If we set a criteria now, you know, we're going to have to base
it on something that's rational.
Mayor Suarez: I think he's saying that even once we decide the criteria,
regardless, they still have to be approved.
Mr. Plummer: You don't have established criteria, you give this Commission
the total flexibility.
Mr. De Yurre: Yes, but vhen you... you have to have something...
Mayor Suarez: l.h, I'd hope that we'd have criteria that would come with. it.
l'r. De Yurre: There has to b :omethin,Ll, uniform that you're going; to follow.
Mayor Suarez: Please.
Mr. Rodriguez: If we may, Mr. Vice Mayor, we will come back to you with some
language that will have sorne criteria and then you...
Mayor Suarez: And will include his motion, Commissioner Plummer's motion,
that we have the ultimate say in applying those criteria.
Mr. Olmedillo: Right.
Mr. Maxwell: Mr. Mayor, as you well know, any time you establish a review
process like that, you have to have the standards and criteria in there. So
now...
Mayor Suarez: We've had some situations where the argument has been made that
we don't have final say because they already comply with all of our codes and
that we cannot prevent them. I think...
186 April 27, 1989
#I W
Mr. Maxwell: Non discretionary ministerial functions, they come before you.
You do fall into that category.
Mayor Suarez: Not sure that's what I was thinking about, but it sounds good.
Mr. De Yurre: OK, let's go.
Mayor Suarez: That's a motion?
Mr. Plummer: Yes.
Mayor Suarez: And you have no problem, of course, in them bringing back to us
criteria that we can use too.
Mr. Plummer: Not at all.
Mr. Rodriguez: Right, not at all.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 89-412
A MOTION CONCERNING ADULT CONGREGATE LIVING FACILITIES
(ACLF) IN THE CITY OF MIAMI AND FURTHER STATING THAT
ANY FUTURE APPLICATIONS FOR ACLF MUST BE BROUGHT
BEFORE THE CITY C014MISSION FOR CONSIDERATION AND
APPROVAL; FURTHER REQUESTING THE ADMINISTRATION TO
DRAFT AND COME BACK WITH APPROPRIATE CRITERIA
REGARDING FUTURE REQUESTS.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Ms. Judy Clark: Mayor Suarez, Commissioners, I think you all just
so... Judy Clark.
Mayor Suarez: And do we need to swear in for this kind of a proceeding? I'm
sorry.
Ms. Clark: Judy Clark, from the Northeast umbrella group.
Mr. Maxwell: Yes, sir.
Mayor Suarez: It's not...
Mr. Maxwell: This is zoning, this is zoning.
Mayor Suarez: Technically planning and zoning, I guess it could be.
Mr. Plummer: This is not zoning.
Mr. Maxwell: Yes, it is zoning.
Mayor Suarez: I guess it could be. Why don't we swear you in, please. Madam
City Clerk.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.
187 April 27, 1989
Mayor Suarez: You can't lie.
Ms. Clark: It seems like you all have reached a solution, possibly a solution
to our problem.
Mayor Suarez: We hope so.
Ms. Clark: Could you explain - there's a number of people here from the
Northeast tonight that were hoping to find some positive action on your part
in support of the problems that we are having. Could you explain to them...
Mayor Suarez: We're going to move as quickly as possible to go through a
procedure that is required which first goes through planning...
Mr. Rodriguez: Planning Advisory Board and then will go before the City
Commission.
Mayor Suarez: And then back to the Commission and with instructions that the
kinds of criteria and the kinds of rules that we want to implement would
restrict, by distancing requirements and otherwise, these kinds of facilities,
particularly the ones, you know, that have to do with ex -offenders or drug and
alcohol addiction such that in most areas that I can think of in the Northeast
will be automatically in violation in those areas so only those that are there
will be allowed to stay. And even as to those, this came up at the Edgewater
meeting the other day, maybe we can be creative so that if they change
ownership or something, we could...
Ms. Clark: That sounds great.
Mayor Suarez: ... figure out a way to stop that grandfathered use...
Mr. Plummer: That's not a conforming...
Mr. Maxwell: Doesn't run with ownership, runs with the land.
Mr. Plummer: Six months and a day vacation.
Mayor Suarez: Well, maybe we'll think of some other ways that we can keep
even those that are there from continuing forever and ever, you know, and
trying all the tricks of changing ownership and all of that. But, at least
that there will in effect an automatic moratorium from any new ones in those
areas if the criteria, as suggested by Commissioner Kennedy, are lowered or
highered or made more restrictive.
Ms. Clark: Well, it sounds like what you're saying is that it has to be in
relation to the population of these ACLFs or CBRFs.
Mayor Suarez: That's one way to limit them. That's...
Ms. Clark: Has to be in direct: relation...
Mayor Suarez: Exactly.
Ms. Clark: ... and a percentage basis to the population of that particular
area. How long do you think before this would be instituted?
Mayor Suarez: Ah, good question.
Mr. Plummer: Ninety days.
Mr. Rodriguez: Let us try to bring it back for the July meeting of the
Commission.
Mr. Plummer: The which one?
=s
Mr. Rodriguez: July.
Mr. Plummer: July? Why July?
Mr. Rodriguez: Let me see, April, May, June, July, that's 90 days.
188 April 27, 1989
Mr. Plummer: No, no, no, no.
Mr. Rodriguez: It has to go up to the PAB first in June, so it will be next
month when you go to the plan...
Mr. Flumner: So, if you have it in June in the Zoning Board, then you have it
for us on the 22nd of June. That's a zoning hearing.
Mr. Rodriguez: Let's try for June.
Mr. Plummer: Why try? Do it.
Mr. Rodriguez: Let us try the best we can for June.
Mr. Plummer: Why can't you do it?
Mr. Rodriguez: And, because we cannot force the Planning Advisory Board to
make a decision.
Mr. Plummer: We can replace the members.
Mr. Rodriguez: Yes, but that's after the fact.
Mr. Plummer: Well. Send them the word.
Ms. Clark: So, what are we talking about, two or three months here?
Mr. Plummer: Well, even when it comes back before us, it takes two hearings,
it does not become... whatever we decide does not become law for 30 days
thereafter.
Ms. Clark: And in the meantime?
Mr. Dawkins: In the meantime, we will not - we probably will not grant
anything to offset what we're doing.
Ms. Clark: The way it is right now, it goes through the Zoning Board in order
to have this variance occur. That's a little effort on everybody's part to
try to keep up with what's being requested, etcetera. We are constantly
hearing that this person down the street or that person down the street is
attempting to change their zoning. That means that we have to come here on a
regular basis each time one of these issues comes up.
Mayor Suarez: And that's what we're trying to cure.
Ms. Clark: I know, but it's going to take you 90 days to do it. I'm
interested in the interim.
Mayor Suarez: Vell., I just heard from my staff member that we have also begun
to try an approach where occupational. licenses can be taken wv.ay from any
people vho are violating the requirements of the treatment centers. And,
while the occupational license is removed, I ara told that, maybe, we can
prevent. :someone else from theta cor,iing in and using a new corporation to apply
for another occupational. license. So we're tryinh that avenue.
Ms. Clark: Is that an ordinance, v hat you're talking about?
Mayor Suarez: Well, so far, we're just trying to take away occupational
licenses. Apparently, the Police Chief has begun doing that in...
Mr. Plummer: Fire Chief.
Mayor Suarez: Fire Chief.
Ms. Clark: OK, my concern is, for this period of time until this is done,
there's a lot of people that don't want this to happen next week. It's like
we don't want to have to come back down here again next week to fight
something that's already been applied for when we know this zoning change will
take place...
Mayor Suarez: Yes.
189 April 27, 1989
Ms. Clark: ... but for that period of time, that interim, it. makes us very
responsible to something that we're trying to simply put aside and go forward
with new projects that we're working on. So, if we could have some sort of...
Mayor Suarez: Yes, the only thing I can think of to improve what we've done
is to...
Ms. Clark: Could you do a temporary moratorium until such time as that's
done?
Mayor Suarez: I guess we can't. The only that we can... even a moratorium
requires the same process. The best thing to do, I guess, is to flag somehow,
any applications that go through the zoning...
Mr. Rodriguez: They have to come to you.
Mayor Suarez: ... hearing process, they'll have to come to us anyhow and the
best we can do, as Commissioner Dawkins said, we're not disposed to grant any
in the areas that we're talking about. Very simply. I don't think there's a
single Commissioner here that would vote for that.
Ms. Clark: So, we're going to trust you for this period of time until this...
Mayor Suarez: Well, every so often you elect us and you have to sort of trust
us for that period of time anyhow, so I guess...
Mr. Plummer: And believe me, government knows how to spin their wheels.
Ms. Clark: So, we're talking about, what did you say, June 1st or July lst7
Mr. Rodriguez: We'll come before the Commission on June 22nd.
Ms. Clark: On June the 22nd and...
Mr. Rodriguez: At 6:00 p.m.
Ms. Clark: OK, and at that time you're simply going to hear it and then it's
another 60 days until it becomes...
Mr. Rodriguez: At that time, the Commission will hear it, we'll make a
decision. If they approve it, they will pass it on first reading, the second
reading will be on the second meeting in July and will be law 30 days after
that.
Mayor Suarez: Couldn't we do an emergency hearing at that time because of the
circumstances?
Mr. Maxwell: No, sir.
Mr. Plummer: You'd better not.
Mayor Suarez: OK.
Mr. Rodriguez: Mr. Mayor, Mr. Mayor...
Mayor Suarez: You answered my question.
Mr. Rodriguez: There's a possibility to expedite it. If you agree with the
June 25th meeting that you can have the second hearing on the first meeting in
July.
Mayor Suarez: That's fine, we'll try that.
Mr. Plummer: That's fine.
Mayor Suarez: And it's important, because if we, by any chance, get
sidetracked and we get to the first meeting in July and haven't completed this
process, we don't typically meet in August so it gets a little scary that we
don't get this done.
Ms. Clark: That would be frightening to all of the people that have put so
much effort into this.
a 190 April 27, 1989
E
Mayor Suarez: Yes. Well...
Ms. Clark: So we can count on this for the first week - the first Commission
hearing in...
Mayor Suarez: We're going to try for it for June 22nd.
Ms. Clark: June 22nd and we can count on it.
Mr. Rodriguez: Six p.m.
Ms. Clark: June 22nd, 6:00 p.m.
Mayor Suarez: Six p.m.
Ms. Clark: And between now and then, we have to trust you all, right? We're
going to do that.
Mr. Rodriguez: You should be aware of the hearing that will go before the
Planning Advisory Board. You want to give some input on that.
Ms. Clark: Pardon me?
Mr. Rodriguez: There will be a hearing before the Planning Advisory Board
prior to the June 22nd meeting.
Mayor Suarez: Keep an eye on the Planning Advisory Board meeting being
scheduled and give input to the City on that.
Mr. Rodriguez: And you should be aware of that.
Ms. Clark: All right...
Mayor Suarez: So that we know your...
Ms. Clark: ... and between that, there's no way that we can have a moratorium
for this interim period of time. We will trust you gentlemen and ladies. We
will be back. Thank you very much.
Mr. De Yurre: For the record, I think it should be stated that we have to
take these on an individual basis.
Mayor Suarez: Yes, in the meantime, sure.
Mr. Plummer: Correct.
Mr. Rodriguez: What?
Mr. De Yurre: And we'll, you know...
Mr. 01medillo: The incoming applications.
I -Jr. De Yurre: ... grant them or deny them based on their individuality.
Mayor Suarez: We just don't want to make an announcement of future denials of
In a collective way what each one of us is saying that we're not inclined to
approve these. You're welcome to come to all the hearings.
Mr. Olmedillo: They are all subject to the special exception hearing which is
a public hearing before the Zoning Board.
Mayor Suarez: Thank you. Yes.
Mr. Jesus Rois: Mr. Mayor, if I may add, on a statement to the discussion in
reference to this item. My name is Jesus Rois, my residence is at 358 S.W.
22nd Road. Mr. Mayor, I have an experience with ACLFs and - I beg your
pardon?
Mr. Maxwell: Mr. Mayor, is he sworn in?
191 April 27, 1989
Mayor Suarez: No, he's not sworn in. I don't know what direction you're
going to take us in with the issue of ACLFs but we have already discussed that
maybe some ACLFs are not what people think they are and would not be
objectionable. Is that the direction you're going to take us in? I don't
know this is necessary.
Mr. Rois: No, sir, if you allow me to read a statement...
Mayor Suarez: OK, then, let's get you sworn in. Let us get you sworn in then
because maybe we could have solved this without swearing you in. Please swear
him in.
Mr. Rois: OK, I'm representing myself.. OK?
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.
Mr. Rois: Mr. Mayor, I came here tonight seeking relief for 100 feet of
property which I own next to an existing ACLF, the type that takes care of the
elderly people. I'm asking the Commission to request administration to
include in the proposed amendment to the Zoning Ordinance, a provision that
would allow a transitional land use on my property and other properties
suffering the devaluation caused by this type of facility. I was expecting
that...
Mayor Suarez: Let me ask, do you know where his property is and do you know
there was any kind of a transitional use or other?
Mr. Plummer: No, he's asking for transitional.
Mr. Rois: Mr. Mayor, I am requesting...
Mayor Suarez: No, no, he's asking.
Mr. Rois: ... that that be incorporated as a revision or an amendment to the
ordinance because of the following reasons.
Mr. Plummer: Where is your property located?
Mr. Rois: Twenty—second Road.
- Mayor Suarez: What is the ACLF that is close to there? Twenty—second Road
and what Street?
Mr. Plummer: Three fifty eight.
Mr. Rois: Three fifty four S.W. 22nd Road.
Mayor Suarez: What is the ACLF that is close to there, that you're talking
about?
Mr. Rois: What do you mean? There is an ACLF, the name?
Mayor Suarez: Yes, which one are you talking about? Which is the ACLF that's
close to there that you said is...
Mr. Rois: I don't know, I think the name is the Blue Skies or something like
that.
Mayor Suarez: And it's an elderly housing...
Mr. Rois: Yes, sir.
Mr. Plummer: And how many people are involved?
Mr. Rois: That's unknown to me, sir.
Mr. Plummer: How many, how many do you think?
Mayor Suarez: I mean, how many stories, is it a large building, I don't...?
Mr. Rois: Well, if you let me read my...
192 April 27, 1989
L
Mayor Suarez: Well, we're trying to understand what direction you're taking
us in. Go ahead.
Mr. Rois: v.ell, if you - I will probably shed some light on the whole
discussion. A moratorium or nn increased separation between facilities would
preserve those areas of the City where the problem does not exist. However,
those areas with an existing burden need special treatment. The zoning
ordinance of the City of Miami allows for certain relief to the first one
hundred feet of property adjacent to an industrial or commercial area. Its
site transition criteria allows the construction of duplexes in these 100 feet
of single family districting. Being adjacent to an ACLF is worse than being
adjacent to a commercial or industrial property. The properties adjacent to
industrial or commercial areas must suffer the noise and traffic - the noise
of traffic and the sight of delivery trucks. But at least this noise is
lively and the trucks carry products you might look forward to buying.
However, next to an ACLF, the noises are the cries and screams of the senile
and suffering and the trucks are the rescue vans picking up the dying. Next
to a store, you may sense the smell of new clothes, perfumes and leather.
Next to an ACLF, you smell body odors, urine and feces. When the owners of
the ACLF adjacent to my property petition for the special exception to
continue operating their business legally in the City of Miami, they were
conducting the business for a year without anybody knowing about it. I did
not oppose it in spite of the fact that I was the owner who was sacrificing
the most. I thought like you do now because I was outside of the water at
that time also that the service they were proposing to provide was necessary
in the community and such were the means of livelihood they chose to pursue.
Therefore, I accepted it. Five years after they had started their operation,
they have already bought out everybody else on the east side of the block.
There are only two houses on my side of the street that do not belong to them.
My property is between two of their properties. After five years of a
struggle trying to avoid the expansion of this business around my property and
so many people coming from other municipalities to wait for death right at my
doorstep, the whole situation has actually given me nightmares. Given that I
have made a career contributing to the development of the City of Miami, that
I love the Miami Roads, that all of my family investments are in the Roads, I
would like to build and live in the Roads. However, building a single family
residence at this location would devastating financial consequences for me and
my family. The transitional uses of land in a residential district, allow the
construction of duplexes in the first 100 feet of site transitions. I would
like to have similar relief and be allowed to legally build duplexes on these
two 50 foot lots. In addition, since more than half of the properties in
these blocks are nonconforming duplexes, the relief requested would not lower
the standards of the area. On the contrary, well built, conforming structure
will enhance the neighborhood. With me here tonight are several property
owners from the Shenandoah subdivision, a subdivision contemporary with the
Roads which at one time was also a very nice residential area. They came to
tell the story, to tell how the neighborhood has changed from a nice
residential area into a den of drug addicts and prostitutes who were brought
in through ACLFs with the cooperation of the Florida HRS, the City of Miami,
and private business...
Mayor Suarez: Wait, wait, %,,ai.t, wait, wait.
Mr. Rois: Let me tell you that...
Mayor Suarez: No, wait a minute...
Mr. Rois: Let me tell you that...
Mayor Suarez: No, wait a minute, Jesus. Let me ask a question, please,
because we may be going in a totally different direction. Are you at all
familiar with the ACLF that he's talking about in the Roads there?
Mr. Olmedillo: I spoke to Mr. Rois on the phone some time ago and...
Mayor Suarez: Because up to now, the things you were mentioning are the kinds
of things where one can associate with the regular, elderly housing type ACLF,
but now he sounds like he's talking about - is there one that includes former
offenders or addicts or anything? The one he's talking about in the Roads?
Mr. Olmedillo: I don't believe so. I think it's old folks.
193
April 27, 1989
go 0
Mr. Plummer: They don't prohibit it.
Mr. Olmedillo: But 1... you know, I cannot attest to it because I haven't
been inside the facilities.
Mayor Suarez: I know, but...
Mr. Rois: Sir, sir, when you have a concentration of people that do not have
control over their bodily functions, you can realize that there has to be a
smell spread all around. Also, people that had lost judgment, that are
completely senile...
Mayor Suarez: That's true of a hospital, that's true of a home, that's true
of any place where somebody is incontinent.
Mr. Rois: That is true anywhere that you have a concentration of people that
do not have control over themselves. My wife has been shouted at by these
residents. Would you imagine a 70 year old woman calling my wife, "Mother,
come here, Mother," all day long?
Mr. Olmedillo: Yes, sir.
Mayor Suarez: I know some people who prefer to live next to the older than
the younger, you know...
Mr. Dawkins: You have something...
Mr. Rois: Sir, I'm talking about...
Mayor Suarez: The kids yell a lot. I got four of them and they yell a lot
and they yell, Mother, all the time.
UNIDENTIFIED SPEAKER: We didn't have a choice. We didn't have a choice.
Mr. Rois: I'm talking about the value of their properties. You can talk.
Mayor Suarez: I don't know where we're heading with this is the problem.
I've been trying...
Mr. Plummer: No, the point... excuse me... let me tell you, I know a little
bit, all right? The problem that he's having is a very legitimate concern.
What, in effect, these ACLs are nothing more than miniature convalescent homes
allowed to exist in a totally single family residential area. Now, the
problem is, is when they are allowed to exist, there is usually conditions
applied to them as to the number of people that they can have. There's one...
Mayor Suarez: Sure.
Mr. Plummer: ... remember where I had my campaign headquarters, there's one
three doors down from that that. has, I think, 16 or 17 of these senile old
people in that house and that area is totally a single: family resident.
Mayor Suarez: Have we: ever restricted convalescent hornes and...
Mr. Dawkins: But, let me, but, but...
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: But the...
Mr. Plummer: But they call them by a different name.
Mr. Dawkins: But the control and licensing and policing of these facilities
belong to HRS.
Mr. Plummer: No.
Mr. Olmedillo: That is correct.
Mr. Dawkins: Yes.
194 April 27, 1989
Mr. Plummer: No.
Mr. Dawkins: Yes.
Mr. Rois: Sir, if I...
Mr. Olmedillo: Not from the zoning...
Mr. Plummer: The control...
Mr. Dawkins: Who then, HRS license them.
Mr. Rois: If I may say...
Mr. Plummer: No, the control by the number we do.
Mr. Dawkins: Now, let me ask another question. Why would I want to give him
the right to build a duplex to put people in who have so smell the feces...
Mr. Plummer: Oh, I agree with that.
Mr. Dawkins: ... and urine and everything that he don't want to smell?
Mr. Plummer: I agree with that.
Mr. Dawkins: OK.
Mr. Rois: Sir, when you're renting property, you don't have to stay there if
you don't want to.
Mr. Dawkins: But, if it's unlivable for you, OK? It's unlivable for anybody
else.
Mr. Rois: It's not necessarily so, sir.
Mr. Dawkins: It is.
Mr. Rois: It is not necessarily so.
Mr. Dawkins: Why?
Mr. Rois: In my particular case, I would like to build a duplex.
Mr. Dawkins: Yes and rent it out and make money and people who need some
place to stay you want them to pay to live where you don't want to live.
Mr. Rois: No, sir, I would live there myself. I would try to live there
myself but I do want the option that if I cannot take it any more, but then I
could move and rent it to somebody else who could try to see if they can make
it.
Mr. Plummer: If you couldn't, vhy `could they?
fir. Rois: Besides, I'm lool:ir;g for a relief. I'm looking for a relief to the
value of my property and other properties like mine.
Mr. Dawkins. I agrce with you.
Mr. Rois: Because, who is going to buy this property in this situation? So,
the value of this property has gone down because of the existing of this
facilities.
Mr. Dawkins: Now, if you realize that you can't sell it, then you also should
realize that you shouldn't rent it.
Mr. Rois: I could sell it at a lower price. It's a question of loss of
money.
Mayor Suarez: OK, why don't you come...
Mr. Rois: It's a question of lost of money. If I sell it...
195 April 27, 1989
1 Jonk
'w
Mayor Suarez: Why don't you complete your presentation?
Mr. Rois: OK, now, I was referring to the Shenandoah subdivision where -
what's the name of that. place - Arcadia Manor, the neighbors tell me that 20
years ago, it was initiated as An ACLr where an old lady was taking care of
other old ladies and because this is P very large property, it has three lots,
there was enough clearance to everybody then they did not have any objections
to that. But that. nice ACLF, according to what could...
Mayor Suarez: But you're not talking about the one that we've been battling
about that we finally knocked one of the buildings, is het
Mr. Plummer: No, that's Golden Arms.
Mr. Rois: OK, this place was converted and now what they have is young
people, drug addicts. So, I spent this past Sunday over there in the vicinity
of S.W. 19th Avenue and llth Street.
Mayor Suarez: That sounds like a treatment facility or someone that has some
kind of an addiction or something?
Mr. Rois: There are four different type of facilities within one block of
each other at this location.
Mayor Suarez: No, no, but the one you were making reference to with young
people that used to be for older people.
Mr. Rois: Yes, sir, they are younger people in there.
Mayor Suarez: That is the kind of thing that we're going to address with the
new ordinance.
Mr. Rois: OK, then, at this location, on llth Avenue and, I mean, I'm sorry,
19th Avenue and llth Street, I was approached simultaneously by a beggar and a
prostitute in front of a single family home. The stories that I heard from
the property owners had one common thing. How nice it all was before these
residents were brought in. And how their screams and cries now keep the
neighbors awake at night.
Mayor Suarez: And we're going to try to restrict anything that has to do with
treatment of ex -offenders or treatment of - or housing of people who have drug
and alcohol addiction.
Mr. Rois: Two self sustain... I'm sorry.
Mayor Suarez: More than they've been restricted in the past and perhaps
eliminate it totally from certain neighborhoods that already have too many of
them. That may be one of them. I don't know that at Shenandoah has that
many.
Hr. Rois: Sir-, if I may continue.
Playor
Suarez:
Yes, but you have to wrap up because: we've got many
others
items
that need
to be heard and you've gone on for a long time
and you
wanted
us to
propose -
that what you initially set out to do, I can
guarantee
you,
you're
not going
to get a single vote here which is to say that
because
you're
next to
one of
these that was there historically, that we're
going to
allow
you to
increase
the density or change your use by transitional
zoning.
Mr. Rois: No, my...
Mayor Suarez: Believe me, we're heading the opposite direction from
transitional zoning so...
Mr. Rois: In ray particular case, this was accepted after I had the property.
Mayor Suarez: OK, but the other things you're suggesting we already have
heard on and we're already going to try to incorporate to our ordinance. So I
don't know what else...
Mr. Rois: Well, what I would like now is to introduce other property owners
who have similar situation who have properties that have been devaluated by
these facilities and are here also seeking this kind of relief.
196 April 27, 1989
IF 9
Mayor Suarez: And have them tell us, at least, what area. Because we've been
concentrating on areas in the Northeast; Edgewater, Wynwood, and the
Northeast. And if we have a concentration of these in areas of the City that
we're not familiar with, I would like to know- about it ro if they tell. us
Shenandoah, Silver Bluffs, whatever may...
Mr. Rois: Vell, the one that I'm referring right now is in Shenandoah...
Mayor Suarez.: Right, but I mean, the rest of the people that you're going
to...
Mr. Rois: ... 1.1th Avenue and 10th Street, 10th Terrace, llth Terrace. And I
see the Roads coming along the flame direction because the people who open up
this ACLF next to my property five years ago, own almost half of the block by
now and other homes are showing an expansion of this business.
Mayor Suarez: OK, we need to know about...
Mr. Rois: So, what do you want me to do with this property now?
Mayor Suarez: We need to know about the proliferation of these in the
neighborhood so that we can tackle them properly with the new ordinance that
we're going to pass. Do you want to have anybody else introduced and give
their...?
Mr. Joe Wilkins: I'd just like to briefly mention - Joe Wilkins, president of
Roads Neighborhood Association, 228 S.W. 23rd Road. Mr. Rois' situation is
certainly the most severe of its type in our neighborhood, but it is not
unique in our area and we do have an ongoing problem with these ACLFs, with
proposed ACLFs, and we understand that there are some which are beneficial and
some which are obviously not. We feel, with Commissioner Plummer, that both
the benefits and the liabilities of these facilities should be spread
equitably through the county and one thing we have found in our
investigations, they are not at this time. The City of Miami is suffering
both its share of the burden or enjoying more of its share of the benefits,
however you want to look at it. This needs to be spread more equitably
through the county. Thank you.
Mayor Suarez: We have a disproportionate number in the City of Miami. I
wasn't aware of the ones in Shenandoah but you called it Shenandoah and I'm
thinking of that area more as S.W. 8th Street because you're talking about
those buildings that are very close to S.W. 8th Street there and llth Street
and so on.
Ms. Loretta Cavalier: Yes, I'm from the Southwest Shenandoah area. I've
lived there 34 years at 1136 S.W. 19th Avenue. Loretta Cavalier, C-a-v-a-1-i-
e-r. Arid I'm also a retired teacher. I worked for the Dade County Public
Schools for 21 years and I realize the community does need these type of
facilities, but being there 34 years, about 1.5 years ago one of their was bought
next door to - right to rrL, next door. But it %vas used differently. Now, the
owners now use it differently also and two doors down, there's another one,
the Arcadia Hanor, I think that Mr. Rois tall:ed about and one next door right
there...
Mayor Suarez: What is that being used for now? That's the one he said that
was being used for...
Ms. Cavalier: Well, there are all types of people. Some are there many
years. I know a lot of them even personally, but there are...
Mayor Suarez: But rehabilitation of people with addictions or...
Ms. Cavalier: They're addiction, drug, they are on, right now, in fact, this
past week, I was very upset because as he said, there had been a prostitute or
two walking the streets at 2:00, 3:00 and 4:00 in the morning.
Mayor Suarez: Let me ask a question about that.
Ms. Cavalier: Yes.
197 April 27, 1989
Mayor Suarez: Could we legally, if we choose to do so, after the appropriate
procedures are followed, simply ban these from regular residential areas, the
ones that have to do with rehabilitation of people with addiction problems.
Mr. Maxwell: Mr. flavor, they can be banned from a specific district again if
you have a rational basis for doing so and you have the study support it. But
you cannot totally exclude them from the City without getting into the
exclusionary zoning problem.
Ms. Cavalier: But I can't understand is that we do need these facilities,
fine, but Aren't they supervised better? In other words, I would believe that
they should probably have a supervisor in each facility that they know what's
going on.
Mayor Suarez: That's what I was heading at before when I mentioned that the
licenses can be taken away if they don't have the proper supervision and then
maybe not given back when they show up with a new owner and say that now we
have different, you know...
Ms. Cavalier: They'll probably tell you they have a supervisor in the Arcadia
_ Manor and apparently she has to do all the supervising of the ones that are...
there's one across the street also from us.
Mayor Suarez: Yes, because that would be a violation of state laws,
Commissioner Dawkins was indicating, I mean, they may have tons of violations
of state laws that do regulate these.
Ms. Cavalier: But we have a single family facility I'm living in now, but the
thing is, 2:00, 3:00, 4:00 in the morning, you hear people coming in because
the girls are walking streets 2:00, 3:00, 4:00 in the morning banging on
doors, they want to be permitted to get in to sleep. Well, the neighbors
around us can't get a decent evening's sleep. I mean, because you have to
hear this all the time.
Mr. Dawkins: But the conditions like he mentioned, no one has reported, just
like he says, urine, what have you, to HRS. No one has reported this to them?
Ms. Cavalier: For instance, right now this week, there's someone, I think,
injured in the house next door so they do have, I believe, a nurse coming in
which I believe she's from the HRS and I was cleaning my property, I stopped
her...
Mr. Dawkins: And they don't do anything.
Ms. Cavalier: ... and the only thing she did, she didn't report it, the only
thing, she went down to the supervisor, Genivieve, at that house, and told
her. Well, they came down and said they would take that person out of the
home, but that does not...
Mr. Dawkins: If the home is mistreating the people, they should be closed.
Ms. Cavalier: Well, that's what we're here, probably f indinc; what's going; on.
Airs. Kennedy: You know, Commissioner Dawkins, following up on that one. What
I would like to askadministration is tomorrow to start checking up on all
these A1:Ls and make sure that they are complying.
Mr. Plummer: Well, just for the record, there's 93 of them presently
existing.
Mr. Olmedilio: Permitted.
Mrs. Kennedy: All right, well, they can start tomorrow.
Mayor Suarez: And don't hesitate to continue giving us more information on
EMMEM violations, because we're getting that from all throughout the City, we get
the memos over to the Manager, they check them out for a variety of violations
—= and there's no other way that we know of...
_= Ms. Cavalier: Well, the home that they had next door to us had been only for
women.
198 April 27, 1989
I AM
Mayor Suarez: ... except flood the City with this.
Ms. Cavalier: And now, they have men down street and have one across the
street to naturally, you're going to have a problem there. So, they, I
believe, last (reek, there was a cocaine problem in the house. Now, whether
they had reported that., I don't know. The police were there, I know that.
They had four people there involved...
Mayor Suarez: OK.
Ms. Cavalier: ... that one of the women had brought them upstairs and had
used, probably, cocaine.
Mayor Suarez: We're going to try to address that with the new ordinance. We
also need to know specific violations by specific ACLFs in the community
because they may be violating not only our laws but state HRS laws and norms
and regulations.
Ms. Cavalier: But the thing is, being a former teacher, I can't understand
why this rehabilitation, why don't they have someone in the households for
that purpose? In other words...
Mayor Suarez: Oil, they do, they have all kinds of requirements supervision.
Ms. Cavalier: Well, apparently, it's not being...
Mayor Suarez: They might not follow them, but they have them.
Ms. Cavalier: I can't understand these women walking up and down just eating
and coming back. A lot of them are very young. I think they're probably can
be very productive in the community even.
Mayor Suarez: Ma'am, we understand all of that, but you've got to wrap up
your testimony. OK, anyone on this...
Ms. Cavalier: All right, fine.
Mayor Suarez: Thank you. Anyone further on this item? Jesus, did you
want....
Mr. Plummer: I would concur with Commissioner Kennedy before the next
hearing, I would like each and every one of these inspected and make sure that
they are not in violation, especially as it relates to capacity.
Mayor Suarez: And supervision.
Mr. Plummer: And supervision, of course.
Mrs. Kennedy: Supervision.
Mayor Suarez: fell, that may be would require that we alert the state.
Mr. Plut-amer: If that's what's needed, then so be it.
Mr. Rois: Mr. k-;ayor, excuse me.
Mayor Suarez: That's in the form of a motion?
Mrs. Kennedy: Yes.
Mayor Suarez: And a second.
Mr. Rodriguez: Before the next planning and zoning meeting...
Mayor Suarez: I take the yes as a second. Call the roll on that.
199 April 27, 1989
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 89-413
A MOTION INSTRUCTING THE CITY MANAGER TO HAVE EACH AND
EVERY EXISTING ACLF THOROUGHLY INSPECTED FOR POSSIBLE
VIOLATIONS, PARTICULARLY IN THE AREAS OF SUPERVISION
AND OVERCROWDING.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Victor De Yurre.
Mayor Suarez: Yes. Jesus.
Mr. Rois: I know that my presentation was extremely melodramatic and took too
long, but there are two facts that I need to add. One of them is that HRS has
a problem finding people that would look after the clients and they are not
working in cooperation with the City of Miami. The City of Miami has an
ordinance that requires a separation of 1825 feet between facilities. And one
of the problems that I had with my ACLF neighbor is that they came to me one
day telling me that HRS had given them four more clients to have on another
house on the opposite side of my property. So, HRS is not following the City
of Miami ordinance.
Mayor Suarez: That's true, they don't look at our restrictions, I don't
think.
Mr. Rois: They have clients and they are going to locate these clients and
the other...
Mayor Suarez: Right. Well, they fund them, they don't really locate the,
they fund them.
Mr. Rois: They're going to find someone to look after these people, they do
not care what. The other statement that I had to make is that if I do not get
that relief for me and the other people like me, then I will have to do what I
was advised by the City of Miami building and zoning staff to build my
property and then after I get the C.O., to subdivide it illegally. That is
probably what you're forcing me to do.
Mayor Suarez: We don't advise it., but...
Mr. Dawkins: And we may have to put you in jail if you do that.
Mr. Pluramer: I still think the Biltmore Hotel would maize an excellent
facility.
Mr. Rois: You will have to put in jail then everybody else in town because
that is what everybody's doing next to these facilities.
Mr. Dawkins: But nobodys stood up before us and said they were going to break
—� the law, sir.
Mayor Suarez: We have a stand...
Mr. Dawkins: And you stood here and said you were going to break the law and
you shouldn't do that.
Mr. Rois: No, I said I would have to do that then.
Mr. Dawkins: Oh, OK, all right, sir.
200 April 27, 1989
i) 0
Mayor.Suarez: We have a standard response to anybody who says they violate
the law and that says that we're going to have to implement the law and...
Mr. Rois: See, the question, what I was...
Mayor Suarez: No, no, that's it. Please, that's it.
Mr. Rois: All right, thank you very much.
Mayor Suarez: Thank you. Don't violate the law, we'll try to adjust the law
to your needs and those of every community in Miami.
Mayor Suarez: Do we need a vote on PZ-13?
Joel Maxwell, Esq.: You've already taken a vote on that.
------------------------------------------------------------------------------
55. A. GRANT REQUEST BY APPLICANT (Joaquina Concepcion) FOR SPECIAL
EXCEPTION TO PERMIT EXISTING OFFSITE PARKING IN CONJUNCTION WITH EL
MILAGRO MARKET AT 2289 S.W. 17TH AVENUE AND APPROXIMATELY 1681 S.W. 23RD
STREET.
_ B. GRANT REQUEST BY APPLICANT (Joaquina Concepcion) FOR SPECIAL
EXCEPTION TO ALLOW AN EXISTING 1 PERCENT INCREASE TO A LEGAL NON-
CONFORMING USE (GROCERY STORE) AT 2289-93 S.W. 17TH AVENUE AND
APPROXIMATELY 1681 S.W. 23RD STREET.
C. PERMIT VARIANCE TO ALLOW EXISTING OFFSITE PARKING LOT AT 2289-93 S.W.
17TH AVENUE AND APPROXIMATELY 1681 S.W. 23RD STREET.
Mayor Suarez: PZ-15.
Mr. Olmedillo: Fifteen, 16 and 17 are related items. This is for property
located on 2289 SW 17th Avenue known as E1 Milagro Supermarket. The applicant
originally applied for a special exception to allow an existing off -site
parking, a special exception to allow an increase in the square footage of the
market and a variance to allow a setback reduction from 15 feet to five feet.
I'd like to show you in the transparency a little bit of the history of this
case. Originally, the applicant obtained through a public hearing for the
Zoning Board permits to build an addition... this being 17th Avenue, and this
being 23rd Street, SW. The applicant originally obtained permits to build an
addition to the building itself here and a parking lot which will have two
parking spaces here, with a wail that would surround the facilities goes
around this way in front of 23rd Street, and then one access into the property
through 17th Avenue. In comparison, applicant went ahead and built a parking
lot which extends all the way to this property line minus five feet at the
time of my inspection and had an access on 23rd Street, and had an additional
addition to the building which is located at this position, a fence and no
wall. 11hat has happened is that the applicant built without the benefit of a
building permit something which was nos. approved originally by the Zoning
Board. Nov-.,, going back to the items before you...
Mr. Plurrcner: Wait a minute, let Inc ask a question. The parking behind, �jhat
I would say iµ where the wall was requested.
Mr. Olmedillo: The wall was requested at this point.
Mr. Plummer: Correct. All right, east of that, which is the parking, is that
a permitted use?
Mr. Olmedillo: That was not permitted by the Zoning Board at the time of the
hearing. Now, the applicant is before you because the Zoning Board denied the
application to build this parking lot here. The applicant is before you, just
to find relief, to look for relief of that decision of the Zoning Board, to
deny the parking extension into this area.
Mr. Dawkins: OK, but let's get one thing straight.
Mr. Olmedillo: Yes, sir.
201 April 27, 1989
Mr. Dawkins: Did the individual have a permit to pave the parking lot?
Mr. Olmedillo: No, sir.
Mr. Dawkins: You are sure of that?
Mr. Olmedillo: I will bring the zoning administrator, Building and Zoning,
for the record.
Mr. Plummer: So what you are saying is, that they had the right to increase
the grocery store by that amount of space, which I assume is 26 percent.
Mr. Olmedillo: They had a right, by the Zoning Board's hearing, to add this
particular portion of the building.
Mr. Plummer: Which is almost half again the size.
Mr. Olmedillo: But they added somewhat more in this location.
Mr. Dawkins: Well, if the individual has, and I'm guessing, had a permit to
pave the parking lot, then you gave them... not, you, the City of Miami gave
them wrong permission to do something wrong, is that right?
Mr. Joe Genuardi: No, they didn't have a permit to pave all the way to...
they have just a permit to pave the area at the corner, where Mr. Olmedillo
showed you originally, that they were supposed to have their parking spaces,
but they extended their paving all the way into the other lot.
Mr. Plummer: So in other words, you allowed them, under that which was
approved to almost double the space of the present store with two parking
spaces.
Mr. Rodriguez: That was a decision by the Zoning Board, when they granted the
variance.
Mr. Plummer: OK, but I'm saying is, that the old store had no parking, is
that correct? And that doubling the size of the store, you only wanted them
to have two parking spaces.
Mr. Genuardi: Well, they provided for the addition and the existing was
legal, nonconforming, they had no parking, but they had to provide the spaces
for the addition, over what was there before.
Mr. Olmedillo: No, again going to the items before you, PZ-15 is the special
exception to have the off -site parking extended to that immediate lot. PZ-16
is the additional increase to the building area and PZ-17 is a variance
because on 23rd Avenue the setback is 15 feet and they're only providing five
feet.
Mr. Plummer: As in relation to 16, did I read correctly that they went one
percent over that which was allowed?
Mr. Olmedillo- That is correct, but without a permit.
Mr. Plu_n mer: OK, but I rani saying they were allowed to increase 25 percent and
they went one percent to 26.
Mr. Olmedillo: Through the special.... yes, through the Special Exception
permit.
Mr. Plummer: I'm still at a loss to understand how the Zoning Board could
allow them to increase that addition with only a total of two parking spaces!
Mr. Olmedillo: See, the reading is that what's vested already by use, not
providing parking spaces does not require additional parking spaces.
Mr. Plummer: I'm not saying about what is required. I'm saying practical.
Practical, you are almost doubling the size of the building and only having
two parking spaces. That doesn't make sense to me, but a lot of things don't
make sense. It seems like to me, if you double the size of a use of a
building, you would in fact increase the amount of parking, not to limit it to
two, it don't make any sense to me. I think one of the things that we got a
202 April 27, 1989
Aft
problem here is to call that place a supermarket, it's far from it. It's a
market, but not A supermarket.
Mr. Rodriguez: You have a good point on that. At the time in the Zoning
Board was considering this case, the addition was for warehousing and for an
office, not. for an increase of the area of the supermarket, so at, that point,
since the other portion that was existing there was an legal nonconforming
use, that one didn't have the requirement, the whole thing wFs seen as a
neighborhood market. They asked for increasing area for warehousing and for
office, that required two parking spaces. They provided two parking spaces in
the proposal and the Zoning Board at that time conditioned to the fence and
to the other requirements that they mentioned, they granted that variance at
that time, the first time.
Mayor Suarez: Counselor. Have you finished the City's presentation?
Mr. Olmedillo: Well, just for the record sir, you know how the vote went. It
was a denial to item 15 by a 7 to 2 vote. The Planning Department recommended
denial. There was a denial by a 8 to 1 vote. On PZ-16, the Planning
Department recommended denial and it was a denial by an 8 to 1 vote on 17,
again with a denial by the Planning Department recommendation.
Mr. Plummer: Before the attorney starts, let me ask the negative side if this
Commission were to deny all three of the requests before us, what happens if
the City Commission denies all three?
Mr. Olmedillo: The applicant would have to demolish that addition, which is
to the rear of the property, at...
Mr. Plummer: The total, or one percent of it?
Mr. Olmedillo: No, that little addition that is intruding into the other lot
and they would have to conform with all the conditions that were approved by
the Zoning Board before, which is...
Mr. Plummer: They would have to revert back to two parking spaces.
Mr. Olmedillo: That is two parking spaces, they would have to have a wall
around the property and they would have to remove that additional addition.
Mayor Suarez: Don't say around the property, say a wall around the part of
the property...
Mr. Rodriguez: The property line that shows there.
Mayor Suarez: Right, the property to some people might mean everything that
they now use.
Mr. Olmedillo: So the record is clear, it will be along this line, this lot
line.
Mayor Suarez: And what else, what is the third, to answer the Commissioner's
question?
Mr. Olmedillo: And this addition %could have to be removed.
Mayor Suarez: You said that already, you said the wall, what is the third?
Mr. Olmedillo: And the wall, which will be around the unit.
Mayor Suarez: And I guess no exit onto 23rd Street, right?
Mr. Olmedillo: No exit on 23rd Street, that is correct.
-- Mr. Al Cardenas: May I...
Mr. De Yurre: Would they be able to keep the asphalt?
Mr. Olmedillo: No, they wouldn't be able to keep this. This would be deleted
from it. They would have to remove all this.
Mayor Suarez: That's not his question.
203 April 27, 1989
1
Mr. Olmedillo: I think...
Mayor Suarez: That's not going
to go
away. That's not going
to disappear.
There's not going to be a crater
there.
What his question was,
will they be
able to keep the asphalt there.
That's
a theoretical question.
What if they
want to keep asphalt there? Can't
they
keep asphalt there?
Mr. Olmedillo: All the asphalt is not for parking, yes.
Mayor Suarez: They can keep the asphalt there.
Mr. Rodriguez: He will have to get a permit to, I guess.
Mayor Suarez: Because it shows the lack of sense in doing something like
that, in the sense, you know, you told them to put a wall, but then they can
keep asphalt on the other side. Sure, they can keep asphalt if they want.
Mr. Rodriguez: They will have to get a permit to do that.
Mr. De Yurre: Were they required to have a wall at the end?
Mr. Olmedillo: They were required to have a wall here.
Mr. De Yurre: No, I'm talking about the other side.
Mr. Olmedillo: On this side?
Mr. De Yurre: Yes.
Mr. Olmedillo: No, because that was not considered by the Zoning Board. The
Zoning Board was not considering this area here.
Mr. De Yurre: Wait a minute, weren't there plans presented to pull a permit?
There was no permit pulled, there was a permit pulled for something else?
Mr. Olmedillo: The Zoning Board approved this.
Mr. De Yurre: No, forget about the Zoning Board. Did they ever apply for a
building permit to do any type of work there?
Mr. Olmedillo: To do the asphalt, but I believe Joe Genuardi stated already
on the record that the permit was only for this portion of the parking lot and
not for the extension that they did.
Mr. Genuardi: They also had a building permit to do the addition on the side
of the building.
Mr. De Yurre: And they went ahead and did the additional addition to the
back, is that correct?
Mr. Genuardi. Correct.
14r. De Yurre: Without any permit.
Mr. Genuardi: Yes, .sir.
Mayor Suarez: Counselor.
Mr. Cardenas: Thank you Mayor. by name is Al Cardenas with offices at 1221
Brickell Avenue. The fact pattern that. I am about to depict to you is quite
different from that which you have heard and therefore our conclusions as to
why there is merit to our request are going to be quite different. I am going
to do this quickly.
Mr. De Yurre: Are you under oath?
Mr. Cardenas: I'm under oath. I'm going to do this quickly and as quickly as
I can, making sure that I get the proper points in. I'd like to first
introduce our client, Joaquina Concepcion, who is the current owner of E1
Milagro Market. I think she provides a history which is quite an incentive to
many people in this country. She's been operating this market for 12 years,
204 April 27,•1989
I
started it, And shortly thereafter started running it by herself. For a woman
with little education doing the iob of A man, she's done a remarkable job and
shortly I Am going to shop- you the pictures of whp.t that market looked like
when she took over it end vhAt the market looks like now and 3987. The second
thing I'd like to do is to introduce those neighbors who lire in the immediate
vicinity of El Milagro tsa_rk.et who are here in support of this application and
I'm going to ask all of the neighbors who are here in support of the market to
stand up and If you don't. mind, I'm going to do that in Spanish as well so
that... (CO111iFNITS IN SPAtzISH)
Mr. De Yurre: 4Nhy do you call "veci_nos"?
Mr. Cardenas: Good. Thank you, Commissioner, that's the next... Mr. Vice
Mayor, that's the next item I am about to talk about. I have with me, which
will be proffered on the record the list of the homeowners who live within 375
feet of E1 Milagro Market. To this list is appended the signature of those
owners in that immediate vicinity who have signed in favor of E1 Milagro
Market. I am going to turn this over to the Clerk and I am going to let you
know that 45 of the residents who are in the list, official notice list of
folks who reside within 375 foot radius of this property have signed in
approval.. That, plus the 200 names which is part of your packet of the
petition of all of the neighbors who live in the City of Miami, many of them
within the immediate vicinity of the this property who are also in favor of
what's being requested here today. By way of background, as was set forth Mr.
Olmedillo, we are here to request three items, two of which I can tell you
that we've gone along with the application process because our client cannot
afford a lengthy judicial proceeding, but I can tell you that I'm troubled
technically by the requirement to request them, and I am going to legally tell
you why. The first item was the Special Exception under Section 2018.2 of. the
Zoning Ordinance to permit the continued use of the off -site parking lot to
serve the legal nonconforming market. Second item was a Special Exception to
allow an existing one percent increase to a legal nonconforming use and the
third item was a non-use variance requesting a five-foot rather than a 15 foot
setback. Now, the history of this property and before we get into it, what I'd
like for you to distribute the pictures of the market as it looked and as it
looks now since Mrs. Concepcion has taken ownership of it. While he is doing
that, I want to tell you that the history of this property goes back quite a
bit further than has been stated on the record so far. I want you to know that
lots 4 and 5 as are submitted here, have always been conveyed together jointly
since 1925. Furthermore, the home, which is on lot 5 also is physically
located on parts of lot 4, so that it is as always been, and needs to be
together with lots 4 and 5 and that's important to what I am about to tell
you. Number two, since at least 1940, there has been not one commercial
structure, but two commercial structures through the 1980's - the current
market structure, and there is also a separate structure which I would like to
be shown to you, if you'll follow it. In 1940 or so, we had the market, which
was a separate building and ere also had a pizza parlor, which is a separate
building. Both the market and the pizza parlor, and this is important,
because it 90c's to show you WIli we have a lep,al difference of opinion with
staff, together and jointi.l,= Occupy 3,1,Eli :square feet.
Mayor Suaroz:
I'iYi one picture th. t.
s1 oG; here, 1-1hc t.
is that meant. to
illustr<iteI courlEclor%
Mr. Cardejw,.s:
` hEA Pictur e 1 ::;howcd you
\%4 is p:Ctt:Y't: SIi
I()I) Gf i.sl. i'4s.17gr0
Market. That: was...
Mayor Suarez:
You ctlase i� time when the
2trect eras being
torn up to sort of
add emphasis to
it, huh?
Mr. Cardenas:
Well, I'm doing the best I
can. The picture
from the...
Mayor Suarez:
Pretty effective picture.
It looks like something out of the
nineteen... not
only that, you made it look blurry, to make
even...
Mr. Cardenas: Well, it looks pretty depressing, I think and that's an
accurate...
Mayor Suarez: And it doesn't look like that now, I have to tell you, it looks
very nice there.
205 April 27, 1989
Mr. Casteneda: Right, and Juan, did you distribute the pictures. OK.
Through the 1940's through the 1980's, there was a total of 3,464 square feet
of commercial space on lots four and five. Evidence v=ill be shown today that
neighbors have been parking all of this time and there is evidence here today
on the record that for at least the last 20 to 25 years, neighbors have parked
on lots four and five to come to the market, and to come to the pizzp parlor.
I don't need to...
Mr. De Yurre: Well, what are you saying, they have been doing something
illegal for 20, 25 years?
Mr. Cardenas: No, sir, I'm trying to tell you that for all of this period of
time, they have been doing it. After a period of time, Commissioners and Vice
Mayor, as you know, a use which has not been codified, or permitted becomes a
legal use because of its continuing use.
Mr. De Yurre: Is that the Chalk's theory?
Mr. Cardenas: Well, I don't know what their theory is, I know I am standing
on pretty solid ground when I tell, you that if somebody has been parking in a
lot for 40 years, evidenced here, from a neighbor of course, can only say 20
or 25, because that's how long they've been here, but I would feel pretty good
in a case in a court of law showing that for 40 years, for at least 20 or 25,
that property has been used for a parking lot, but at any rate, I...
Mr. Plummer: Why don't you just mas o menos?
Mr. Cardenas: Mas o menos, right. At any rate, the other part that I want to
mention to you, which is essential to the merits of this case, is that in
1986, the public sector in its wisdom decided to expand SW 17th Avenue and in
-- doing so, they ordered the demolition of the five foot by 50 foot frontage of
E1 Milagro Market. They also, because of the property that was taken, forced
the demolition of the pizza parlor and they also removed all of the parking
which was available on 17th Avenue. In doing this, after 1986, they lowered
from 3,484 square feet, the size of the commercial space in this property to
_ 2,825 square feet. Now, you asked me with what authority do I give you these
figures? I give you the square footage from the Tax Assessor's Office and the
Tax Collector's Office, which receipts are here, so those are the official
records that the County and the City go by. The second thing I want to tell
you, is that in demolishing the five by 50 foot portion and the separate
structure and in eliminating the parking on 17th Avenue, they took away
parking and they took away about 800 square feet of commercially used
property, so when they went to the Zoning Board for relief in 1986, these were
not people who were actually coming to the Zoning Board out of a whim, they
are people who obviously had been put through a hardship and needed redress.
At that time, unfortunately, they weren't represented by folks who looked at
this thing from a big picture perspective and the process went through without
giving it a lot of thought. What was actually accomplished at that point in
time caas that they were provided with a special excerption to permit the
reconstruction of the existing nonconforming structure as well as to provide a
25 percent increase to the floor area. Both of these were granted and they
were granted by the Zoning Board. This was subject to a landscape approval and
to an eight foot wall between lots four and five, which was pointed out.
Frankly my, although I am not here to say, I am here to tell you, why the wall
wasn't built: and I hopefully will. provide you with some ideas as to redress,
but I will tell you technically as far as the paving of the parking lot, that
the actual building permit, which I have here, provides for a paving of 1,500
square feet. Now, those of you who looked at the plans that I have here
before me will realize that 1,500 square feet is a heck of a lot more than
just paving lot 4 of that parking provision, so obviously the paving permit
that was provided far exceeded the space required for lot five and included
lot four as well. That is just to clarify the record, although I don't think
that your decision will harbor on these technical differences, it is important
_ — to point out just to what extent the redress was appropriate. Then in 1988,
the Zoning Board granted certain non-use variances from lot coverage, side
yard and livability space to allow the expansion as was built and the
1 reconstruction of the market. Now, what happened was that after the 1986 and
1988 Zoning Board decisions, our client went on June of 1988 to the City of
Miami, pulled its permit and began to do the improvements, the result of which
you've seen in the pictures here. The client didn't do two things, and that
is, one of the things was to obtain an Special Exception for the residential
lot. I have submitted to you that there is a long history behind that and I
206 April 27, 1989
think there is some inherited legal rights for that, but nevertheless, we're
applied for that now. Number two, she did not, build that wall and I think we
are coming here with a. solution this evening, which will improve the
situation, with the building of e wall end doing other things which I'll get
into in a second, so I thin}, the community at large will benefit by revisiting
the issue with you this evening, rand number three, the story of the structure
that was built without a permit, let me let, you know that we have pulled the
records and as far back at 1934, the so-called nonexisting structure existed,
attached to this building. The difference was that this was a wooden
structure, but it was none the less a structure. What our client has done, In
our legal opinion, is to rehabilitate this structure by putting a concrete
facing, and by putting a roof, so although that may be, as we may say, a
creative response, it's certainly, I think is one that is meritorious and
ought to be stated, so this isn't just out of clear blue sky that this
happened, there is history dating back to 1934 that this particular portion of
the structure, which Is the subject matter of the one percent special
exception, has been there. Now, I also took exception with the staff's
recommendation that we went one percent above the required 25 percent increase
in a legal nonconforming structure, because we had gone down from 3,400 square
feet to 2,800 and if you take that into consideration, the 3,400 square foot
figure being the basis, then we wouldn't be talking about one percent, we'd
still be below the 25 percent threshold, so I also took exception with that.
But the three things which we're requesting and I think is important for you
to know, is that she is coming here and telling you, look, I received
permission in 186 to do this, I received permission '88, I screwed up by not
building the wall between lots four and five and by not having my lawyer
revisit the issue, but darn it, that's the most impractical thing that's ever
been requested of someone and my mistake was pulling the permit and building
the improvements before I retained these lawyers who would go back to clarify
our problems. That's her sin, and what she is willing to do for that so
called sin, is to build an eight foot wall in the back of lot four, build a
six foot wall around the residential street facing 23rd Street, so that you
actually for the first time ever, since 1940, will have cars not being able to
park on this lot through the residential street, have all the incoming cars to
park on this, for the market coming through 17th Avenue which is a much more
reasonable approach, provide you with landscaping, and provide you finally,
with a slap on the wrist approach and that is to suggest to the City that we
would voluntarily proffer $2,000 either in direct contribution to the City's
Park Program, or to provide additional 2,000 feet of landscaping in a
neighborhood at your selection. I want to conclude by letting you know that
far better results will be achieved by your voting in approval of items 15, 16
and 17 this evening, than it would were the project to have been built in
accordance with the '86 and '88 provisions. Furthermore, the additional cost
incurred by our client, in legal fees, the cost of the walls, the landscaping
and the voluntary contribution, I can tell you because I know, since a
significant amount of this work is being done pro bono, that is a punitive
measure far beyond what Mrs. Concepcion can really afford. Now, I will tell
you in conclusion also, that some people, I heard remarks, since I've gone
around about Mrs. Concepcion and so forth, and frankly I'll tell you this,
since I've known this lady, my perception of her and her work for the
community and this business is far different perception than other comments
I've stated and at this time I've concluded my presentation and I'd like to
ask four neighbors to briefly tell you why they support this application.
Mayor Suarez: Let's 1,(cOP those to two minutes each
Mr. Cardenas: Yes, sir.
Mayor Suarez: ... in anticipation of the opposition, so we can get out here
at a reasonable time tonight. We've got other matters too, to get to.
=- Mr. Cardenas: And I wanted to also clarify the following, in case I didn't
make my comments straight when I said the $2,000 contribution to the
neighborhood improvement, I wanted to be specific and suggest that perhaps it
be confined to the Silver Bluff neighborhood area.
-i
Mayor Suarez: I know they are trying to find funds to do something about that
building that was demolished that we eventually plan to have a park there.
Mrs. Kennedy: Yes, and a matter of clarification, why don't you clarify, in
your opening statement, she's been doing a man's work.
207 April 27, 1989
Mr. Cardenas: Because those of you who... I rr!ean, I'z,e worked in grocery
stores for many yeer.s...
Mayor Suarez: By the old traditional cliches, you know, and so on, that's no
longer appliceblc and so on.
Mrs. Kennedy: Just because use get. paid 59 cents on the dollar doesn't mean
that we can't do the same amount of Fork.
Mr. Cardenas: No doubt about it, no doubt about it.
Mayor Suarez: Let the record reflect that that's an old cliche no longer
used.
Mr. Cardenas: Let the record reflect that counsel didn't show the proper
sensitivity before this all goes by. I would like to introduce Mr. Andres
Rivero Aguero, who I think needs no introduction, and who also is a neighbor
and would like to say a few words and would like those words translated.
Mayor Suarez: Let me, before we do that, once again swear everybody in, and I
think everybody understands the words of the oath. Dr. Rivero, would you
please raise your hand and anyone else, Al, that you intend...
(AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.)
Dr. Andres Rivero Aguero: (TRANSLATED BY JUAN MAYAL) Mr. Mayor, Madam
Commissioner, Commissioners, over 25 years ago, to be precise 25 years, six
months and ten days, and live about one-half block away from the market, of
the splendid E1 Milagro Market. Those of us that used to go to the market on
17th Avenue and on 23rd Street, and we've seen the evolution of that modest
market to the splendid market today and we know the history of this truth. We
concur with a most profound duty, a duty is in a man's life, is most respected
and sacred. What's the cause of the evolution of this market, at the early
story during 15 years was a limited market, but why does a business evolve?
One day a young lady 23 years old came into the picture who would have thought
that she would turn this market into what she has turned it, and this is what
is important, because it's rare, a woman and 23 years old, would dedicate her
life to a business and who, every day dedicates 14, 15 hours to the business.
This is why I have come to defend tonight before the Commissioners of the City
of Miami, to defend these creators for the future, of wealth, of tomorrow and
tomorrow is everything, because yesterday is gone and today is passing away!
And all of a sudden, a wall turned up! Who does this wall benefit? - a City's
ornament? Regulations? Ordinances? We don't know.
Mayor Suarez: Doctor, this whole speech is very ornamental! But, maybe he
could summarize so that we can get to a few other items.
Dr. Rivero Aguero: (COMMENTS I21 SPANISH)
Mr. Cardenas: The next speaker gill take a little longer, but, so be it.
Mayor Suarez: I'd be tempted to translate the last part which stated roughly
that this is some clay E,oing to be a great city, and that that is accomplished
by openinC doors, not by cicr ing there. I don't know if that argues to the
merits of this particular matter before us, but it is certainly worth putting
into the record as a worthwhile bit of eloquence that we don't get to hear
here at City lial.l a heck of a lot.
Mr. Cardenas: Yes, I would like to ask Mr. Ramon Vila to say a few words.
®i Mr. Ramon Vila: (TRANSLATED BY JUAN MAYAL) Good evening, Mayor, Madam and
Commissioners, my name is Ramon Vila, I reside 3437 SW 1st Avenue, for the
last 27 years four blocks away from E1 Milagro Market. During this time I've
-- - visited as a customer this market of this application tonight. All of us know
that this meeting is an appeal and our intention is to set forth our reasons
why we should support this market against the unjust and negative ordinance of
requiring a wall in the middle of the parking lot. I want to set forth my
reasons. First, for many years we have used lot four as a parking without a
wall and they used to park on 17th Avenue, which is now not possible. Second
this would mean the closing of the business. The market should not function
with only three parking spaces. Number three, it would mean the unemployment
208 April 27, 1989
ti 0
of three or four heads of families who work at the market and the possibility
of increasing unemployment. Four, it would be egninst the needs of the will
of the neighbors, as the majority of the neighbors who are long standing
customers of the market, who if not present, it is because of lack of
transportation, and because it is a work dny. Fifth, it v-ould be a reduction
of property taxes, I don't know if there is a breech on the part of the
market., but I want to repeat that this requirement is nePative and unjust and
when it is so, they should be abolished to benefit to the City, to benefit
customers and neighbors, towards progress, in favor of the no unemployment. I
ask as a beneficiary of the services that the market provides, as an elector
of the City, to you the representative of the City, do not require this
regulation If anyone could show me that that wall would protect lives or
property, I will withdraw my petition. Thank you.
Mayor Suarez: Counselor, you could be overdoing this, I just want to warn
you.
Mr. Cardenas: OK, there is only one last gentlemen who want to talk. Heil
talk very briefly. Believe me, this a very drawn down list of people who
wanted to address the Commission tonight and I've done the best I could to
limit it as much as I could. This is the last speaker, Mr. Pedro Sardinas.
Mr. Pedro Sardinas: Commissioners, I been a resident at 1665 SW 21st Street
for 30 years, since I was two years old. Now these neighbors really know what
I've been through. I live two houses down from that E1 Milagro Market. This
is before, this little store used to be first it used to be a radio, a TV
repair shop. Then it used to be a pizza place and then it used to be, my
friend used to have a wood shop, to make furniture. You notice in this
picture here. (COMMENTS AWAY FROM MIKE)
Mayor Suarez: Yes, that is pretty similar to the other picture. The other
one is more dramatic, because he had barricades in the street, and they were
all torn up and everything.
Mr. Sardinas: But you see cars back there all the time and walk between these
two existing buildings used to be a crack hangout for bums, I used to wake up
at 3:00 o'clock in the morning, telling people, "Get away, let me sleep!" It's
always been there for the past 30 years. All right, what they want, everybody
is parked there always...
Mayor Suarez: There's probably not...
Mr. Sardinas: The wall is going to create a problem on 17th Avenue, traffic
jams.
Mayor Suarez: ... a case where we are more familiar with the physical outlook
than this one.
Mr. Sardinas: And here, I mean, would you like to live next to this? I like
to live: next to this.
Mayor Suarez: I like the flags too. 0o you have the flags in that?
Mr. Sardinas: I'[n a neighbor.
Mayor Suarez: Oh, the: flags are missing.
Mr. Sardinas: ldo, I'm a neighbor. I like to live next to that, not that dump
that used to be there before.
Mayor Suarez: And actually, it is better than this, because the flags are up
and it's got a City of Miami flag, which nobody else has put up, I don't
think, in a...
Mr. Sardinas: Now, these neighbors really I live two houses down. They
don't have to put up with bums screaming at 3:00 and 4:00 o'clock in the
morning, throwing bottles.
Mayor Suarez: And the plants have grown in.
Mr. Sardinas: I used to come over with a baseball bat, tell them, get out, I
want to get some sleep. I gotta get up at 6:00 to go to work. Now, these
people really went for that. I did, I did it for 30 years, I know every...
209 April 27, 1989
Mayor Suarez: You know, you are almost as eloquent as Dr. Rivero in your own
way.
Mr. SardinRs: I know everyone in that market. Not just. Ms. Concepcion, but
the previous owners. I think the -all, if it goes up, it'll come down.
Mayor Suarez: OK, thank you.
Mr. Cardenas: Thank you, that's it, Mayor.
Mayor Suarez: OK, the opposition? Now many people are going to speak? OK.
Mrs. Kennedy: Let's see by a show of hands, how many people oppose this item?
Mr. Plummer: May I ask another question? Of the people opposed, how many
live within the 375 feet of the location?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Yes, that it was clarified, it was clarified.
Mrs. Kennedy: Yes, it was.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Be happy to, sir.
Mayor Suarez: I think it was clarified.
Mr. Plummer: Of the opposition, how many people live within the 375 feet?
Mayor Suarez: Understanding that that is not a criteria that we use for
making zoning decisions, we send notices to those people.
Mr. Rodriguez: Mr. Mayor, they are asking me to say in Spanish...
Mr. Plummer: Oh, say it in Spanish, all right.
Mayor Suarez: Yes.
Mr. Rodriguez: (COMMENTS IN SPANISH)
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: All right, ask the same... let me ask in English first. How
many people that are in favor of the market live within the 375 feet? Would
you say it in Spanish, please? All right, say it in Spanish now.
Mayor Suarez: His Spanish is not too good.
Mr. Plunur,e:r: I personally have enough problems with English, all right? All
of you live within 375 feet i
Mayor Suarez: OK, pleaseI
Mr. Plum;ner: I'm not going to verify if that's true, but you asked a question
and they answered it.
Mayor Suarez: OK, let's go to the opposition, please. Please sir, have a
seat! We heard all the people in favor, now we are going to hear the people
against. Please, counselor, whoever, who is going first?
Mayor Suarez: I don't know.
Mayor Suarez: Now, you need a procedural... you have a procedural problem.
Mr. Bob Fitzsimmons: Yes, I have a procedural problem.
Mayor Suarez: You are the head of this conservational... please, everybody
silence! We heard the side in favor, now we are going to hear the side
against. Please everybody have the same courtesy. You were on the Heritage
Conservation Board, you are resigning as of now.
210 April 27, 1989
Mr. Fitzsimmons: I was advised that I don't necessarily have to resign from
it. I can ask you for a waiver.
Mr. Suarez -Rivas: You need a four/fifths waiver, because the conflict
continues.
Mayor Suarez: All right.
Mr. Suarez -Rivas: Even if he does not resign because the conflict continues
for two years after.
Mayor Suarez: I'll entertain a motion.
Mr. Plummer: We can maybe make this brief if we deny it.
Mayor Suarez: Why is our City Attorney now saying something to... what do you
got here?
Mr. Bob Clark: It has to be in advance. It has to be a public notice.
Mayor Suarez: Bob, get somebody to do your argument for you, please.
Mr. Fitzsimmons: Well, can I speak before the Commission as a concerned
citizen?
Mr. Suarez -Rivas: Well...
Mayor Suarez: If you are violating the law, I mean, I don't... I wouldn't
recommend it.
Mr. Fitzsimmons: The law says I can't represent a third party.
Mr. Clark: The Code is quite clear, if he appears in representation of any
third party.
Mayor Suarez: OK, as a private citizen, yes, you may proceed. I don't know
what you might have to dissolve by way of your commitments to represent
somebody.
Mr. Fitzsimmons: My name is Bob Fitzsimmons, I live at 2512 Abaco Avenue.
I'd like to start by trying to put this matter in perspective. Here we have a
lot, actually two lots that are zoned residential. The supermarket that has
been existing there is a nonconforming use. The intent of the Code is to
minimize, not expand nonconforming uses. As a threshold issue that Mr.
Plummer brought up, was how can you allow two parking spaces and expand the
supermarket? Well, that goes back to the original plan that permitted them to
expand, 25 percent. Perhaps that should not have been granted.
Mr. Plummer: It didn't come before this Commission.
Mr. Fitz:simLmons: It, did not, no. The three items that are requested is a
special. exception to increase the nonconforming use once again. It was
increased in 1,986, no,,j they are coa.ing brick end sa,yinp, they cva.nt to increase
it again. The second item is, they went n Gpecizl c.,,ccption now to park on a
residential lot, which essentially will change the residential lot into only a
commercial use, it will have no other practical use, when you see the diagrams
of where the louses are, and finally they want a variance, which of course,
they meet the standards of a variance, very few people can. It is a self-
imposed hardship for the setback requirement. Now, also in background, this
Commission considered what zoning should be in that area and once again, in
considering the comprehensive plan, there is a unanimous resolution that it
should remain residential and no commercial should be added to that. And that
was done on July 21, 1988. Now, back in 1986 a special exception was granted,
permitting the maximum 25 percent increase with conditions and the Code
requires that if you grant a special exception and there are conditions, the
conditions have to protect the residents, the residential character of the
area and we are here tonight because they did not do any of the conditions on
which the expansion was predicated and they are coming back here and asking
you, despite the fact that we disregarded the Zoning Board resolution, please
give it to us anyway. Now, back in 186 before the expansion, the property
looks somewhat like this, you can see that on the left is 17th Avenue. The
211 April 27, 1989
greyish area is the area that was deducted, or taken off from the building,
when 17th Avenue was widened. On the bottom you have a structure which the
applicant is telling you that was part of the supermarket, is Pome basis for
further expansion. Your Building and Zoning Department will advise you that
that was never part of the supermarket. In fact, that, was destroyed over two
years ago. A commercial use could not exist in there, upon which to premise
an expansion. It simply does not exist. Now, they came back here in '66 and
said they are taking off this five foot by 50 foot, or approximately, I think
it is 242 feet, they were taking off because of the widening, and they came
back and they said, well, as a special exception, can we have it back? And
the Zoning Board by resolution 4386, said yes, you can have that back. Then
again, they came in at the same time and they said, well, in addition to
giving us that piece that was taken away back, give us another 25 percent.
The Zoning Board said, OK, you can have that pursuant to the plans that you
submitted. The two resolutions are here, I would like to pass them down and
have you look at the highlighted information. At the Zoning Board hearing
which was quite heated, there was a compromise resolution reached. The
applicant submitted plans at the hearing, which were the plans that were up
prior to this. I think it is very important to note these are plans submitted
by the applicant in order to get the special exception and if you'll look, the
ap...
Mayor Suarez: This is a little bit repetitive from what the City already
stated, but...
Mr. Fitzsimmons: OK. Now also, the present owner was represented and her
attorney, a fellow by the name of Roger Barry, represented that there was
concern of the neighbors and the concern of the neighbors was resolved because
the residential lot was no longer a part of the application. They no longer
were going to use the residential lot as part of their commercial use and now
they come back in here and ask you to abrogate the special exception that was
granted in 186, disregard the conditions that were imposed upon them in order
to get 25 percent expansion and allow them to expand into the residential lot.
Now, I just want to go through briefly the three things that were done. One,
they had to move the illegal addition. There was an addition on the back that
was there originally and was illegal, they agreed to take that down. Of
course, they did not do that. They were required to build the eight foot
wall, we all know they didn't do that. One of the things that carve up
recently is in the covenant they were required, or they stated they would
never put a walk-up window in there. Well, about two weeks ago, a window
appeared and now they have a walk-up window on there.
Mr. Plummer: A walk... I was there less than a week ago.
Mr. Fitzsimmons: So the two things that were required to build, according to
the plans they submitted, and not to have a walk-up window, were done anyway.
So, I have to ask you as the policy directors of the City of Miami, what kind
of message do you send out to everyone in the City, when a 'Zoning Board enters
into a compromise resolution and accepts a plan offered by an applicant and
the applicant shows utter contempt for the City and its regulations by going
on and building what they want anyway. The Zoning Board was appalled at the
disregard this applicant demonstrated. So, I. think a lot of has been stated
before, but just to recap briefly. They got, v2hcn the Street: .aas widened,
they Eot, back exactly N,,hat they lost. In addition, they got. another 25
percent. Nos•a, when you bare it all, they are coming back here asj:ing for
additional expansion. They are asking to use the residential lot for a
commercial purpose. They are de facto asking to make that residential lot
commercial. If that parking lot is allowed to stand and that wall is built,
the little house that sticks in there, the little house in that residential
lot will have absolutely no access. How is someone going to live in that
house? If you allow them to do this, what are they going to do? They have to
come in for rezoning because you can't live in that house. Who can live in
that house?
Mr. Plummer: Is there not a driveway existing now on the north side of the
market?
Mr. Cardenas: Of course.
Mr. Fitzsimmons: I don't believe there is, I believe that...
Mr. Plummer: I believe there is.
212 April 27, 1989
Mr. Cardenas: Commissioner, not only is there a driveway on 17th Avenue that
leads to the house, that driveway's been there...
Mr. Plummer: I didn't ask about that. I asked was there not a driveway on
the north side of the market and I'm sure there is.
Mr. Cardenas: Yes, but I wanted to say that there is a driveway that gets you
from north, from 17th Avenue to the home. It's been there for 40 some years.
That home has been lived In by Mrs. Concepcion, who owns it. She is perfectly
happy there and is perfectly happy to continue living in what she considers to
be a very comfortable and fine home.
Mr. Plummer: I don't remember asking that question, but thank you for the
answer.
Mr. Fitzsimmons: To close, that house becomes useful for no one other than
the owner, it is no longer a residence, it has to be associated with
commercial use. It certainly raises a strong argument that that lot should be
made commercial now, so the people behind it should come back and say, well it
is commercial, Let's get commercial. The whole purpose of the special
exception is to minimize the commercial, or nonconforming use, is to minimize
the expansion, not to let it increase. This used to be a walk-up store, it
used to be a little walk-up store, that's why there was no real parking. It
was a small store. Now, with the introduction of this huge parking lot, you
are making it a major traffic center. Now, not just neighbors go there,
everybody in the area is going to go there. You are increasing the commercial
use. That's not what the Code says should be done. And I think to do this,
one, requires you to abrogate the 25 percent increase they were granted in
186, so I don't think you could legally allow that to expand because to allow
them to expand now, you have to take away the expansion they had back in 1986,
and finally, just to do this, you are going to tell everybody, just go build
whatever you want, you come here, you approach the Commission, you say, please
let me have it, it's already built. Thank you.
Mrs. Kennedy: Did she have a permit for the Lotto window?
Mr. Cardenas: Well, let me tell you this, yes, she does, and let me have that
permit, please. Not only that, let me clarify that, because there have been a
number of misstatements. First, as to the window, there is an existing window
which is part of the pictures you have there with a bar on it. That was a
particular...
Mayor Suarez: Al, as you clarify that, let me remind you of the procedure.
Clarify the Commissioner's question and let's have the opposing side complete
their presentation. Don't give us a bunch of clarifications of everything
they've done, you can always...
Mr. Cardenas: OK, well, yes, I have the building permit right here,
Commissioner, for that t..,indow on 17th Avenue and the other window is a
different story, it is on the other lot and it v!as specifically defined as
being on the other lot with a restriction that it not be used by the store,
and so she put bars in it, which bars are still in place, and they have never
dispensed anything commercially out of the other window and she's been in
perfect compliance with that requirement since it was imposed on her. This• is
a building permit which is perfectly legal for the window that she now ha.s the
17th Avenue side of the store.
Mayor Suarez: The compliance by her on that particular issue it is a bit of a
break with her tradition of noncompliance, but that's an observation that I
think merits maybe stating, regardless of the merits of this case otherwise.
Mr. Fitzsimmons: On that issue just briefly, the attorney for the applicant
back in '86, when they asked for the original expansion, stated, that I'd like
to stipulate, there has never been any intention to have a walk-up window, a
coffee bar, whatever you'd like, and we'd be glad to enter into a covenant
running with the land to preclude a walk-up, coffee bar, window, indefinitely
in the future on this piece of property.
Mr. Plummer: There is no coffee bar window.
213 April 27, 1989
dEr
Mr. Joe Wilkins: My nRme is Joe Wilkins, I live at 228 SW 23rd Road and I am
president of the Miami. Road Neighborhood Civic Association, which is also a
member of the newly formed Miami Homeowner's Coalition. One of the goals of
our associations and of all of the associations involved in this coalition is
to improve our neighborhoods and work to protect our property values through
to proper enforcement end support of our zoning laws and our Zoning Board.
The people, the citizens that we have working, some of them are here tonight,
have been threatened, have been vandalized in their efforts to support these
laws and to work with the good people in the City with resources such as they
are, to get these laws enforced and to protect our investments in our homes.
This case is the most conspicuous example, unfortunately, is not only example.
This happened repeatedly as the gentlemen mentioned, of a perception the
zoning law in the City of Miami means doing exactly what you want to on your
property, hiring a good attorney and coming to City Hall, that's how zoning
law is written. We find that unacceptable. There are many associations here
tonight and as the gentlemen said, this Commission needs to send a message,
particularly in light of the number of people who are here. The message that
has reached our neighborhood, from the of this case, is as I just
mentioned, zoning laws, Zoning Board, don't worry about it. Come to the
Commission, get a good attorney. This Commission needs to send a message that
our zoning laws will be enforced and that the City and our citizens that are
working to improve our City will be supported. If the zoning laws are to be
broken and the Zoning Board ignored, the consequences on all the neighborhoods
in this City will be severe. Any reconciliation tonight needs to demand a
penalty from this individual for completely ignoring the Zoning Board. This
has to come with a severe consequence, otherwise the damage to our
neighborhood and other neighborhoods in this City will incalculable. We wish
to recommend that you support the decision of your Zoning Board. Thank you.
Mayor Suarez: Now, thank you Joe, being brief and to the point, it helps.
Mr. Bob Valledor: I'm Bob Valledor: president of the Coral Gate Homeowner's
Association. I live at 3324 SW 20th Street. I've also been asked to speak on
behalf of the Coral Park...
Mayor Suarez: Bid we swear...
Mr. Valledor: I did it, want me to do it again? I think we all admire Mrs.
Concepcion. I think we can understand or appreciate the problems that she's
had as a woman trying to do business in this country and I think Mrs.
Conception's success speaks about this country. You can come here and you can
do anything that you want, whatever your heart tells you to do and whatever
you feel that you can do. Her struggle and her successes and her triumphs are
not the issue. The issue that's before you, as you remember, is an agreement
was made by Mrs. Concepcion with the Zoning Board and that agreement was
® violated. There is a contract entered into and one of the parties ignored the
contract, the terms of the contract. To settle for a slap on the wrist, as
was mentioned by Mr. Cardenas, to me that is sending out the wrong message.
To go out and to remodel a wooden structure by putting CBS blocks means that I
can go out and remodel an old frame blouse, put in CBS and put in new plumbing
and new wiring and new walls and interiors because I'm taking the same
structure and using it, and of course that is open to interpretation eaith the
judges and all.
I,ayor Suarez: Not quite, because sometimes the Code and the history of a
particular site and a particular use is such that ghat is prescribed by the
Code doesn't make all that much sense, for example, putting a wall between the
two lots doesn't really make much sense either, but anyhow, and actually would
inure to the benefit of the whole community to have a wall, you know, before
you go into actually residential, but...
Mr. Valledor: Mr. Mayor, I can understand that, but in the original
conception, the original proposal and the original agreement, it did make
sense.
Mayor Suarez: Yes, that's true.
Mr. Valledor: Right.
Mayor Suarez: Yes, if they'd not used that other lot for what they used, it
would have made sense.
214 April 27, 1989
Mr. Valledor: Right, so you know, they can leave the other lots thought, but
the question thought v-as brought up that they do have that driveway,
Commissioner Plummer, on the north side of the property. Now are they going
to get i.nto the garage, vhere the garage of that house is located on the
southeast side of thr- property, right through the parking lot, so that's the
question sir, and that's it.
Mr. Plummer: Let me answer your question, most people today who have
driveways park in the driveway, so the garage is not necessary, but I'm not
arguing the point. The question was raised, was there access, and the answer
is yes.
Mr. VallPdor: The point that we'd like to stress again is that there is an
agreement that's made, the agreement was violated. If you allow this to go
through with a slap on the wrist, we're not... you are sending out the wrong
message to everybody in the City. I don't think that's the message that you
want to send. Thank you very much.
Mayor Suarez: Thank you.
Mr. Jim McMaster: My name is Jim McMaster
0], 2940 SW 30th Court, Coconut Grove. I normally only appear here on Coconut
Grove issues and this is a Coconut Grove issue, it's an issue very important
to the entire City. This is not a case where a person is come in having built
something without pulling permits or without going through any City agency.
This is a case where the applicant went to the Zoning Board appointed by you
City Commissioners, a compromise was reached, plans were approved and this
person went out and did whatever they wanted to do. I don't think there's
anyone in this room who feels safe in their home, anyone in this room who
feels that their neighborhood is improving, anyone in this room who feels that
this City is completely in our control. Our society and our City are falling
down around us. If you allow people to come before an appointed City board,
agree to plans, file those plans, build something entirely different and come
back to you gentlemen and just overturn it, then where does it stop? Please
support your Zoning Board, thank you.
(Applause)
Mayor Suarez: Steve.
Mr. Steven Cooke Yarborough: My name is Steven Cooke Yarborough, I live at
3555 Crystal View Court. I'm vice president of the Tigertail Association.
Our association, as you know, is always fighting to save our residential
neighborhood from the encroachment of people who want to get concessions all
the time on the zoning ordinance. The zoning ordinance is there, it should be
upheld or it should be destroyed. We, therefore, urge you, in this case, to
support the decisions of your Planning Board. Thank you.
Ms. Jane Themeopolis: I'm Jane Themeopolis, I support these gentlemen because
I have a -imil.ar problem also. I thank you. I like- to fret brief to my case.
Thank you.
Mayor Suarez: Congratulations on being the briefest. At your risk,
counselor.
Mr. Cardenas: I don't like to assume such a posture, Mayor, but I'll conclude
by restating that both of these slots, as shown by counsel, have beer.. and were
residential - no, leave the former one there, Guillermo. I'm glad he brought
that because it better depicts a situation than mine did. The only fault with
the premise that both staff and counsel had stated is that when talking about
the 250 square feet and the formula and so forth, they never count the
structure where the pizza parlor was. That's item number one and that's their
problem. Number two, if you'll see the attachment to the structure there that
right where it's being marked, it goes between lots 4 and 5 and if you also
count the testimony that was given here that people have always parked in the
lot, it's obvious to conclude then that both lots are residential. That both
lots have been used for commercial purposes and that both lots have been
grandfathered in as legal nonconforming uses. And what we're requesting from
you today are requests made because that's how staff required that they be
done. But at least two of those three requests, in my opinion, shouldn't even
be before you for legally inherited right purposes. At any rate, we feel that
you ought to vote in favor of the three requests in terms of our client having
<;t
215 April 27, 1989
learned her lesson, I assure you that the financia] burden that she has faced
here is far beyond her capacity to face up to it including the plans that are
before you that we submit as part of our proposal and that's not a slap on the
wrist, that's a knock on the head. Thank you.
Mayor Suarez: Let me say two things to your client. One is, she's made two
mistakes, in my view. One is to constantly, almost in a systematic way,
ignore the restrictions of the City and violate the text of the ordinances and
I hope that in the future, because I intend to vote with your application, in
the future she somehow it is brought to her consciousness that she cannot do
that any more and somehow I'm not too sure she's gotten that impression. The
other mistake she made is she alienated some of the people on the opposing
side with tactics that are not very intelligent and one specific one, who's
family is here, I don't see him here, is Arsenio Milian, and that's a big
mistake in my book. So, she ought to be taught a little bit better
citizenship in handling her affairs, particularly when she's the one
essentially in the wrong as to the violations and, you know, as for myself the
rest of the arguments all favor her but those two things I hope that will be
brought to her consciousness rather emphatically.
Mr. Fitzsimmons: Mr. Mayor...
Mayor Suarez: Please.
Mr. Fitzsimmons: Mr. Mayor, could I just ask one thing so that we have a
record. Could you clarify it with Building and Zoning whether that second
structure has had any commercial use in the last five years.
Mayor Suarez: We could put that into the record, as far as we know. Do you
know the answer to that question, Guillermo?
Mr. Olmedillo: Joe Genuardi.
Mayor Suarez: Mr. Genuardi. Joe.
Mr. Joe Genuardi: Our zoning inspector visited the site before the
application was accepted and he said the structure was being used as a wood
shop of some kind, work shop.
Mr. Plummer: Well, the real question is, was the pizza joint there in the
last 5 years? I don't remember when it went out of business. I know the
radio shop was there for the longest period of time and then the pizza joint
come in afterwards and I don't remember when it went out of business but I
don't think there's any question in anybody's mind that it was a commercial
use on that particular old building on the corner. I don't think that's being
questioned.
Mr. Fitzsimmons: Mr. Plummer, my question is they're asking for additional
nonconforming use based on an existing nonconforming use which hasn't been
existing, for over a six month period which precludes them for asking for
additional.
Mr. Pluiriner: The loss of the nonconforming, I understand where you're coming
from.
Mr. Fitzsimmons: So, I don't think there's been a certificate of use on it
for quite sometime.
Mr. Plummer: Are we open now, Mr. Mayor, for questions?
Mayor Suarez: Yes, absolutely.
Mr. Plummer: Let me see if I can do this systematically. On the 3rd one, let
me start with that one. The fifteen foot setback, could you all move out of
the way please? You're not that short Mr.....OK, on that particular, if we
impose that 15 foot setback, what would that do to the present parking - are
you talking about a 15 foot setback all the way to the back?
Mr. Olmedillo: It'll be from 23rd Street; from the property line on 23rd
Street. That will eliminate or at least will force a reconfiguration of the
parking.
216 April 27, 1989
Mr. Plummer: How, mP.ny parking spaces would be lost that Pre there presently,
legal or illegal., if you were to impose that. 15 foot setback?
Mr. Olmedillo: If you're counting all the parking spaces, one through nine
will be affected.
Mr. Plummer: But how mPny would you losel
Mr. Olmedi.11o: .... be configured, you may gain a few of them. But you will
affect nine now. You can reconfigure and get something else.
Mr. Rodriguez: You might be able to get back of the nine, you might be able
to get back four or five.
Mr. Plummer: That's it, so you would effectively lose five parking spaces.
Mr. Rodriguez: Four parking.....
Mr. Plummer: Half of what's on that side.
Mr. Olmedillo: That is correct.
Mr. Plummer: OK. You know my total opposition to solid walls. To me,
they're a Chinese barrier and I am totally opposed to Chinese walls, solid
walls. And that doesn't appeal to me. They offered it as a compromise and I
have to tell you, to me, I don't like solid walls, they cut out the breeze,
they cut out everything that looks nice of a residential and they make it look
like a fort. What other alternative could be used instead of a solid wall?
Mr. Olmedillo: Hedges, landscaping...
Mr. Plummer: Could we impose a chain link fence with landscaping on both
sides?
Mr. Olmedillo: You certainly may.
Mr. Plummer: And is it within our provisions of a conditional use that if it
is not maintained, they lose that use?
Mr. Olmedillo: As a condition of the variance, you can do it.
Mr. Plummer: All right. What is presently the so-called violation, as I
understand it, is the little building, as I recall when I drive in there, is
where the tops of the air conditioners are. The little - that thing there.
What else is in that structure or is that structure... that was there before,
is that correct?
Mr. Olmedillo: That was a wooden structure years ago.
Mr.
Plunnncr:
OK. And what
is it being used for today?
Mr.
Olmedillo:
1 believe it's
for deposit of some Lind. They stock...
Mr.
I'lurns.ei :
Dcpo:_it?
19r.
Olmedillo:
... yes, etorage
for their goods.
Mr.
Pluiumer:
OK, that is,
in fact, what makes it over the 25 percent. Is
that
correct?
Mr. Olmedillo: Right, that's correct.
Mr. Plummer: OK. The final question that I have, at least, as I'm thinking
back. It was commonly referred to that the back lot is being asked to be used
as a commercial use. That is not the case in my understanding. It would be a
conditional use for parking.
Mr. Olmedillo: That is correct.
Mr. Plummer: And we do allow that many, many times in our present zoning
code. It is a permissible use under a lot of circumstances.
217 April 27, 1989
Mr. Olmedillo: On the transitional use is one of the cases that we allowed.
Mr. Plummer: OK, did the Planning Department base any recommendation had they
gone through the legal process of an application applying for a conditional
use on that particular lot as to whether or not you would grant that
particular use as a condi.tionnl use for parking?
Mr. Olmedillo: If that were the case, we would have recommended a buffering
area between the next house on 23rd Street because one of the people affected
will be this neighbor because of the traffic coming in and out of that. So we
will...
Mr. Plummer: OK, assume you asked for a setback of five feet or 10 feet.
Mr. Olmedillo: Or maybe twenty.
Mr. Plummer: OK, but I'm saying is, would you have recommended that if it was
a legal application with the appropriate setbacks, would you, in your
thinking, feel that it's proper?
Mr. Olmedillo: With the appropriate setbacks, yes, sir.
Mr. Plummer: So, in effect what I'm saying is, had they gone through a legal
procedure, had they met the regular setbacks, you feel that your department
would have recommended that use for this structure.
Mr. Olmedillo: Not for the structure.
Mr. Plummer: Well, for this application.
Mr. Olmedillo: For the lot, for the lot.
Mr. Plummer: OK, thank you.
Mr. Rodriguez: With some other requirement.
Mr. Plummer: With conditions it could be and probably would be recommended as
a conditional use for parking, OK?
Mr. Rodriguez: Specifically, no access to the 23rd... I understand what
you're saying, but I'm trying to clarify...
Mr. Plummer: OK. Now, Mr. Cardenas, one question of you, sir.
Mr. Cardenas: Yes, sir.
Mr. Plummer: Two questions of you, sir. First question. Did I understand
your proffer to be that you would limit all ingress and egress to 17th Avenue?
Mr. Cardenas: Yes.
Mr. Plununer: Because the way you're proffering your thing here shows a total
landscape barrier...
Mr. Cardenas: That's correct.
Mr. Plummer: ... along the 23rd Street side.
Mr. Cardenas: That's correct.
Mr. Plummer: 0K. The final question that I have of you, sir. That structure
which is they say, the one percent over the violation, what damage would that
do if we made you remove that structure?
Mr. Cardenas: Well, the damage would be considerable because this now has
become a storage space for the expansion which was permitted. I mean, it's an
incidental use which is tied into it and that one percent, of course, assumes
that you don't take into consideration...
Mr. Plummer: It's two point eight.
218 April 27, 1989
Mr. Cardenas: in the formula this building because if they took the
square footage that wa.s removed here, that one percent would not be an
applicable figure.
Mr. Plummer: One percent. of 2800 feet is what?
Mr. Cardenas: I'venty-eight.
Mr. Plummer: We're talking about...
Mr. Fitzsimmons: Try to put a hundred of those in....
Mr. Plummer: Huh?
Mr. Fitzsimmons: I said, try to put a hundred of those additions in the
square and you can't do it. It's more like 8 percent, I think, eight or nine
percent.
Mr. Plummer: All right. Mr. Rodriguez.
Mr. Rodriguez: Yes, sir.
Mr. Plummer: You would feel that what you would be looking for if you were to
approve this conditional use would be at least 10 feet setback from the
property line?
Mr. Rodriguez: From the property line at the one...
Mr. Plummer: Adjacent to the residential.
Mr. Rodriguez: No, I will ask for much more than that.
Mr. Plummer: All right, how much more?
Mr. Rodriguez: I would like to make sure that there will be access to the
residential property...
Mr. Plummer: No access.
Mr. Rodriguez: ... access to the residential property through 23rd.
Mr. Plummer: You mean, in addition to that on the north side of the grocery?
Mr. Rodriguez: I will eliminate that one because what I think that is doing,
that is perpetuating the connection of the commercial and residential property
and I think that if you're going to take an action today, you should clearly
establish there should be a wall and a separation completely all the way
through from the residential property and the commercial property. If I may
go over there...
Mr. Pluiumer: Vell, he's got the pen up there if that's ghat you're...
Mr. Rodriguez: 0K, .;hat I v7i].l do is, I gill move from the property line that
is on the cast, I will move array from it two to three lots through three
parking spaces. I:nd I wi-11 put a wall through that parking area in effect
making them lose two spaces in the top, two spaces in the bottom and provide
access to the residential area in the back and provide a landscape area all
the way through, adjacent to the other next lot that will be residential.
Mr. Plummer: Why would you be wanting a 20 foot wide drive when we normally
take ten?
Mr. Rodriguez: I'm saying 20 foot wide with a separation, part of which will
be landscaping and part of which will be the access to the residential area
through that area. If I may go there...
Mr. Plummer: I understand. I have a problem with...
Mr. Rodriguez: If I may - yes, I think it's already here. That was fast. I
will go - I know you don't like walls - but I will go with a wall all the way
through here, I will put a heavy landscaping buffer between this residential
area - between this residential lot and this lot, like shown over here, I
219
April 27, 198S
would provide access to this property through 23rd because this is the
residential property. I will put a solid 4*all all the way over here blocking
all the way through and connecting over here and I will allow no access
through here to the residential property in the back. because I think the
idea here today should be to establish once and for all the separation from
the residential area from the commercial area and that's what I think that we
have recommending in the past having a wall all the way through.
Mr. Plummer: Would you establish that that wall does not have to be over say,
three feet?
Mr. Rodriguez: I will go with a higher wall in the sense that you should be
able to separate completely, maybe the way is handled is by having a portion
of it be masonry and the upper part being railings or whatever, but I will
definitely establish a clear barrier that will be physically and
psychologically there for people to know that this is the end of the
residential area and the beginning of a commercial use.
Mrs. Kennedy: Yes, you need at least five feet, I think.
Mr. Plummer: But not solid.
Mr. Rodriguez: Well, that's my recommendation.
Mr. Plummer: Solid cuts off air, it cuts off light, it cuts off everything.
Mr. Cardenas: I will tell you, just for the record, that the one thing that
the neighborhood association requested above everything else when the matter
was discussed with members of the association was that there be no access, no
vehicular access, to the property through 23rd Street and that is the reason
why the site plan that was submitted this way was so prepared because the
number one concern that had been expressed in terms of the layout of the
situation, was the vehicular access on 23rd Street, that was by a neighborhood
association.
Mr. Plummer: I understand what he's saying. The only disagreement I have
with him is, you know, I personally and I'm going to put it right on the
record right up front, I shop in this store all the time. To me, it is the
most convenient place in my neighborhood to shop. I go to 7-Eleven, they
charge me 30 percent more and the parking in front of that damn 7-Eleven is
absolutely atrocious. If I go to the Winn Dixie, it's a nice store, but I'm
in there an hour waiting to try to get out of that store. So I got to this
store probably two or three times a week. Now, that makes me very familiar
with the problems there and what I'm trying to do, without doing conversely
damage, is to try to get as many parking spaces on the premises without -
because you know what's going to happen if you don't have the parking, they're
going to park all over the streets and all over the neighborhood - and that's
what bothered me.
(Applause)
Mr. Plummer: That's not necessary. I appreciate it, but it's not necessary.
I've asked all my questions.
Mr. Olmedillo: Mr. PlunLmer, in this solution, you have nine parking spaces in
this particular solution.
Mr. Plummer: Well, in this solution, you lose four. That's what I'm looking
at, not how many you gain, it's - huh?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: But it's not, it's not a walk up grocery.
Mayor Suarez: On 17th Avenue, walk up grocery, you know, let's face it, it's
a major thoroughfare.
Mr. De Yurre: This theory is not acceptable to me, you know, it just doesn't
make any sense and I'm ready to make a motion if everybody's ready.
Mayor Suarez: OK, we've got to decide and, hopefully, maybe try one more item
tonight. Yes.
220 April 27, 1989
9 41
Mr. Plummer: At 8:457
Mayor Suarez: Yes, Vice Mayor.
Mr. De Yurre: Is this number 157 OK, now we're talking about walling in...
Mayor Suarez.: Preventing access on 23rd Street.
Mr. De Yurre: ... and a concrete wall, how high?
Mr. Cardenas: The wall that was proposed and the site plan that's going to be
submitted as part of the record on the east side was 8 feet and the one on the
south side was proposed to be 6 feet.
Mr. De Yurre: Do we have the neighbor that lives right next door to the
property?
INAUDIBLE COMMENTS 140T ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: No, on the east.
Mr. De Yurre: No, I'm talking about right next door.
UNIDENTIFIED SPEAKER: Mrs. Spencer, she's not here.
Mr. De Yurre: Did she sign the petition in support of the application or not?
Mr. Plummer: Silence gives consent.
Mr. De Yurre: Was she in favor of it or not?
Mayor Suarez: We don't know.
Mr. De Yurre: OK.
Mr. Cardenas: She didn't sign it, I don't know.
Mr. De Yurre: Well, I'm sure somebody must have gone to see her.
Mr. Cardenas: I didn't.
Mr. De Yurre: You wouldn't go see your next door neighbor? Unless she's
against it then.
Mrs. Kennedy: Come on.
UNIDENTIFIED SPEAKER: I didn't go see her.
Mr. De Yurre: Well, then that must mean that she's not too in favor of this.
Mayor Suarez: Mr. Vice Mayor, reach whatever conclusions you want but let's
get on...
Mr. De Yurre: OK, based on .chat you are proposing t:,ith the wall, I move to
approve this item, number 15.
Mrs. Kennedy: I.1ove to what?
Mayor Suarez: To approve it.
Mr. De Yurre: To approve.
Mr. Plummer: Can I please beg of the maker of the motion that it not be a
solid wall? I think that is totally unfair to that person on the east side.
I think it makes it look like a damn encampment. Can we go with a three foot
wall and an iron you can see through wall beyond that?
Mr. Dawkins: What are you saying, J.L., three feet of concrete and four feet
of wrought iron?
221 April 27, 1989
I
AQ
1
Mr. Plummer: Sure, it doesn't give people places to hide behind and knock you
in the damn head to steal your purse. Not my purse, of course.
Mr. Cardenas: That's fine.
Mr. De Yurre: Well...
(Applause)
Mr. Plummer: That's fine.
Mr. De Yurre: They can't steal your purse because that thing goes all the way
around unless they start climbing that 8 foot wall.
Mr. Plummer: You don't know the crooks in my neighborhood. All I'm asking
is...
Mr. De Yurre: What I would say, I'd go as far as saying let her decide, she's
the one that lives next door to them.
Mr. Plummer: No, no. All I'm saying is that I can vote for that based on a
wall that's solid, not to exceed 3 feet and I go along with the 6 feet and the
8 feet above it, if it's done in an open manner but still a wall, a retainer.
Mr. Cardenas: Wrought iron.
Mr. Plummer: Wrought iron. I have no problem with that and I think it's a
good solution.
Mrs. Kennedy: I don't know, my...
Mayor Suarez: And the landscaping remains too, right?
Mr. Plummer: Oh, yes, of course.
Mr. Cardenas: Yes.
Mr. De Yurre: OK.
Mrs. Kennedy: My concern is that, you know, we're opening the door for others
to follow thinking that they can get away with, you know, building without a
building permit and I'm really concerned.
(Applause)
i
Mrs. Kennedy: I appreciate what you're saying about raising her consciousness
and slapping her wrist, but I don't think that's enough. I just don't feel
comfortable with the whole thing.
Mayor Suarez: And you're restating the motion to be as proposed by
C01wrli sioner Plummer?
Mr. De Yurre: OK, I'll go along with that but my concern is, that if ,you have
cars parked right there and if you got fume:: and a ohole bunch of thing.0 that
by having that retainer wall there, it keeps that from they neighbors' yard.
Mr. Plummer: Well, I understand what you're saying, but I hope you understand
what I'm saying. I just hate solid walls.
Mr. Cardenas: We'll landscape it lushly so it looks solid.
Mr. De Yurre: Well, then, she'll donate the difference in the savings....
Mr. Plummer: Well, now wait a minute, Al, I am going to impose and hopefully
he will accept as a maker of the motion that at any time that that landscaping
is not maintained, it forces a hearing back before this Commission.
Mr. Cardenas: OK.
Mrs. Kennedy: I would suggest also a review in one year and closing the Lotto
window and...
222 April 27, 1989
1
Mr. Plummer: What would be...
Mr. Suarez Rivas: Is that an amendment and does Vice Mayor De Yurre accept
it? The amendment from Commissioner Kennedy to enclose the Lotto...
Mayor Suarez: The Lotto window, you mean the one that: some people think might
be used for Lotto, but right now has bars? Or the other one which...
Mr. Plummer: I was going; to get to that later because I think...
UNIDENTIFIED SPEAKER: Honorable members of the court... can I say one word,
please?
Mayor Suarez: Please, please, please, please explain to your client that
we're trying to hammer out a compromise here or to the supporter.
Mr. Plummer: The public hearing has been closed.
Mr. De Yurre: I'll go along with...
Mr. Plummer: Aren't we going the cart before the horse here? Shouldn't we be
doing 17, the conditional use for parking, before we do 157 I mean, if 17,
for some reason doesn't pass, 15 what we've done is absolutely...
Mr. Rodriguez: Fifteen is parking. Fifteen is a parking.
Mr. Rivas: Fifteen is parking.
Mayor Suarez: While we figure out the substantive aspects of this and what
you're going to build into the motion, please tell us, you figure out which
one we vote on first. Let's not get into an argument about which one we vote
on first, please.
Mr. Plummer: OK.
Mayor Suarez: What are we going to do for the - what is the motion as far as
what we want this structure to look like?
Mr. Plummer: What is hoped to be accomplished in the one year review? I
usually go for them. I don't know what we would be accomplishing, we're
trying to accomplish to maintain, I think, as much parking as possible. What
would you be doing other than eliminating?
Mr. Cardenas: You wanted to...
Mr. Plummer: Well, no, no, no, you're going to make sure that she... not she,
I'm sorry, I thought it was one of my high priced help over here. One of my
high priced help is going to be monitoring that that landscaping does, in
fact, continue to be maintained.
Mr. Cardenas: Yes;, that's a continuing thing. I mean, if it's in six months
or two years, it's...
.
Mayor Suarez: Those are all continuing conditions.
Mr. Cardenas: Right.
Mayor Suarez: Of the...
Mr. Cardenas: They're continuing conditions.
Mayor Suarez: ... site plan as approved.
Mr. Plummer: I have no objections to it. I guess I'm just groping as to what
it really would accomplish.
Mr. Cardenas: Mayor, a continuing condition, as I understand it, we're bound
by perennially so, I mean, if it's in six months a breach of a condition or
two years or three years, if one were to occur you automatically have a
vehicle for bringing us back before you.
223 April 27, 1989
Mr. Plummer: No, that's not the normal use of a review in one year. The
normal use is the fact that in one year, if you don't like it, you can say,
sorry, good-bye and it's over.
Mr. Cardenas: Put these issues before you this evening are not those type of
issues.
Mr. Plummer: It's not whether you broach them or you don't broach them.
Mr. Cardenas: Right.
Mrs. Kennedy: Well, I guess it's also saying to the people out there that
there is a process. That it just can't make fun of the Zoning Board and the
Planning Board and your City Commission. That there is a process that has to
be followed.
Mr. Plummer: All right, then what I understand the motion before the floor
is, one, that there would be an eight foot retainer on the cast portion of the
property. There would be a six foot retainer on the south portion of the
property. All ingress and egress would be on 17th Avenue. The wall would be
a maximum solid at 3 feet and the remaining portion to be in wrought iron and
that there be a one year review. Madam Kennedy...
Mrs. Kennedy: Um hmm.
Mr. Plummer: ... a one year review and that is the motion before us. Is that
correct?
Mayor Suarez: Maker accept all of those?
Mr. De Yurre: Yes, that's OK.
Mr. Cardenas: Except for the record, Commissioner Plummer, when you referred
to the length of the wall on the east side, is as shown on the site plan
presented here, correct?
Mr. De Yurre: Well, how far does it go?
Mr. Plummer: Well, OK, and the other - I'm sorry, the other thing was that at
all times is that landscaping must be maintained at the level acceptable to
the Planning Department.
Mr. Cardenas: Correct.
Mrs. Kennedy: All right.
Mr. Rodriguez: And the landscaping plan is to be approved by the Planning
Department.
Mr. Plummer: Of course.
Mr. Rodriguez: And there will be, I believe they proffered at the
beginning...
Mrs. Kennedy: Yes, I was just going to say that. I was asking the Mayor if
he mentioned it.
Mr. Rodriguez: Something.
Mr. Plummer: All right and I guess the final conclusion, what is a reasonable
time period in which this work must be completed?
Mr. Cardenas: Ninety days.
Mayor Suarez: Sixty days.
Mr. Plummer: Is 90 days agreeable? Is sixty - what's reasonable?
Mr. Rodriguez: Sixty days.
Mr. Olmedillo: The wall is there.
224 April 27, 1989
6 Ot
Mr. Plummer: What?
Mr. Olmedillo: It's there, basically.
Mr. Plummer: No, it's not.
Mr. Rodriguez: No, the walls, sixty days.
Mr. Cardenas: No... ninety.
Mr. Plummer: Sixty days? Huh?
Mr. Cardenas: What's wrong with 90 days?
Mrs. Kennedy: We'll save something...
Mr. Plummer: It's 30 days later.
Mayor Suarez: What's wrong with 60 days? Build a little wall there, come on.
Mr. De Yurre: The money? So she doesn't pay you for a while. That's it.
You get paid later.
Mr. Plummer: All right, 1 will ask the maker of the motion, an amendment to
say that the work must be completed in 90 days.
Mayor Suarez: Does the maker accept that?
Mr. De Yurre: OK. I have no problem with that.
Mayor Suarez: OK, and you second?
Mr. Plummer: Yes, sir, I...
Mayor Suarez: The $5,000 are going to —for the demolished...
Mrs. Kennedy: ... so what we recently demolished a crack house, we're going
to have a park now, the Golden Arm Apartment.
Mayor Suarez: It wasn't a crack house but it was just a demolition that we...
Mr. Plummer: No, it was worse than a crack house.
Mrs. Kennedy: Well, it was an abandoned building, OK.
Mayor Suarez: OK, Golden Arms. OK, so...
Mr. Pltunmer: Wait a minute now, just clarify the record, I heard them state -
and I'm with you, you know, that...
Mrs. Kennedy: I I:now that.
Mr. Fluor+pier: I heard then; proffer $2,000 and you're saying five.
Mrs. Kennedy: Because I heard..
Mr. Cardenas: She doesn't have five. I mean...
Mayor Suarez: Oh, I'm sorry, my mistake, my mistake, I said five...
Mr. Cardenas: Two.
Mr. Plummer: How about payable at a $1,000 a year over five years?
Mr. Cardenas: Oh, yes, sir. That'll be fine.
Mayor Suarez: OK, five thousand, one thousand dollars each year for the next
five years. The maker of the motion accept that?
Mr. De Yurre: Yes.
225 April 27, 1989
Aft
Mayor Suarez: Seconder can accept that. We have a motion and a second. Any
further discussion? If not...
Mr. Rivas: Just a point of order, you're voting to reverse the Zoning Board's
decision and...
Mayor Suarez: Which one should we vote on first?
Mr. Rivas: ... that's 15, to reverse the Zoning Board's...
Mayor Suarez: On PZ-15 we would reverse the Zoning Board's decision.
Mr. Rivas: Right. Decision denying the special exception and granting it
with these conditions herein imposed.
Mayor Suarez: So moved and seconded.
Mr. Dawkins: Fifteen.
Mr. De Yurre: Yes.
Mayor Suarez: PZ-15 is a resolution, right? Call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 89-414
A RESOLUTION REVERSING THE DECISION OF THE ZONING
BOARD AND GRANTING A SPECIAL EXCEPTION FROM ORDINANCE
NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, ARTICLE 20, SECTION 2018, SUBSECTION 2018.2,
TO PERMIT THE EXISTING OFFSITE PARKING FOR THE PARKING
OF PRIVATE PASSENGER VEHICLES ONLY FOR THE PROPERTY
LOCATED AT 1681 SOUTHWEST 23RD STREET (MORE
PARTICULARLY DESCRIBED HEREIN) IN CONJUNCTION WITH EL
MILAGRO MARKET, LOCATED AT 2289 SOUTHWEST 17TH AVENUE;
ZONED RG-1/3 GENERAL RESIDENTIAL (ONE- AND TWO
FAMILY), SAID GRANT BEING SUBJECT TO APPLICANT'S
COMPLIANCE WITH THE CONTINUING CONDITIONS SPECIFIED IN
SECTION 2 HEREIN; SUCH SPECIAL EXCEPTION HAVING BEEN
FILED IN CONJUNCTION WITH A VARIANCE REQUEST TO ALLOW
THE EXISTING OFFSITE SURFACE PARKING LOT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice Iiayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miller Dawkins
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mrs. Kennedy: With all the provisions established, I vote yes.
-- COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: PZ-16, resolution on the issue of..
Mr. Olmedillo: That is again...
Mr. Rivas: This is review...
Mr. Olmedillo: ... the special exception, review of the special exception.
226 April 27, 1989
Mr. Plummer: This is for the lot in the back.
Mr. Rodriguez: To increase it one percent.
Mr. Rivas: One percent., increase...
Mr. Olmedillo: No, fifteen was for the lot.
Mr. Plummer: Oh, the one percent.
Mayor Suarez: OK, we need a motion to...
Mr. Plummer: OK.
Mayor Suarez: ... with the same provisos to just in case they apply to PZ-16,
to...
Mr. Plummer: OK, let me tell you how the only way I'll make the motion. I do
not like the window on 17th Avenue. I think it is dangerous, I didn't realize
it was there, I'm creating a hardship for myself when I go in there to buy
because the lottery line is usually way out as far and I'm sure that's the
reason they did it. I'll give them the alternative of tearing down the
building in the back or closing the window. And then I would make a motion to
approve.
Mr. Cardenas: She'll close the window, Commissioner.
Mr. Plummer: No, no, hey, in all seriousness, to stand out there on 17th
Avenue, to me, is dangerous, it really is. OK? People want to buy lottery
tickets, they can go inside. I'll make a motion to approve...
Mayor Suarez: PZ-16's application...
Mr. Plummer: ... PZ-16 with the provision that the window, no windows can
exist nor the one there presently must be removed as a walk up facility. Now,
Al, don't play games with me, OK? I'm speaking of no walk up to a wall to do
business.
Mr. Cardenas: OK, but for example....
Mr. Plummer: I don't want to see the butcher move his machine and they put
the lottery over on that side.
Mr. Cardenas: OK, but wait a minute. For example, I'm just thinking of
saving her money I know she doesn't have. For example...
Mr. Plummer: All business must be done within the inside of the store.
Mr. Cardenas: line, but for example, the window in the back. She spent money
having bars on it so :;hat good is it to ask her to take down the bars and put
blocks in that window?
tor. Plu:-r,er: What do you mean, in the back?
Mayor Suarez: The one that's used for lottery.
Mr. Plummer: Behind the store?
Mr. Cardenas: Yes, why are you going to make her spend that money for? I
mean...
Mr. Plummer: Oh, that I'm not concerned about.
Mr. Cardenas: OK.
Mr. Plummer: I'm concerned about the traffic on 17th Avenue and going bananas
and running over people on the sidewalk.
Mr. Cardenas: I understand. I understand. She will close that window.
UNIDENTIFIED SPEAKER: I'll close it myself...
227 April 27, 1989
Mr. Plummer:
Rased on... I'm sorry?
UNIDENTIFIED
SPEAKER: I'll close it myself.
Mr. Plummer:
Based on that, I'll move item
16.
Mr. Rivas: Commissioner
Plummer...
Mr. Plummer:
Sir.
Mr. Rivas: ...
you're moving to reverse the
Zoning Board's
denial of special
exception with
the conditions stated by you
herein.
Mr. Plummer:
That is correct, air.
Mr. De Yurre:
Second.
Mr. Dawkins:
And you're allowing them...
UNIDENTIFIED
SPEAKER: Eliminate, eliminate
the...
Mayor Suarez:
Please, please.
Mr. Dawkins:
You're allowing them to keep
the market - I mean the thing for
the storage.
Mr. Plummer:
I'm allowing them to exceed
their provided
25 percent by one
percent.
Mayor Suarez:
So moved and seconded. The
initial movant
and second. Call
the roll.
The following resolution was introduced
by Commissioner
Plummer, who
moved its adoption:
RESOLUTION NO. 89-415
A RESOLUTION REVERSING 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 2105, TO ALLOW AN EXISTING 1% INCREASE
TO A LEGAL NON -CONFORMING USE (GROCERY STORE) (25%
MAXIMUM INCREASE PERMITTED) FOR THE PROPERTY LOCATED
AT 2289-93 SOUTHWEST 17TH AVENUE AVD APPROXIMATELY
1681 SOUTHWEST 23RD STREET (MORE PARTICULARLY
DESCRIBED HEREIN); ZONED RG-1/3 GENERAL RESIDENTIAL
(ONE -AND T1,10-FAMILY); FURTHER REQUIRING TIMELY REMOVAL
OF A WALK-UP WINDOW AS A CONDITION TO THE GRP14TING OF
SAID SPECIAL EXCEPTION, WITH SUCH SPECIAL EXCEPTION
RAVING BEEN FILED IN CONJUNCTION WITH A VARIANCE
REQUEST TO ALLOW THE EXISTING OFFSITE S'URFACF PARKING
LOT A14D FURTHER I14POSING 1, TINE L11,111TATION OF TWELVE
MONTHS WITHIN V'AICH A BUILDING I'E'R'1111 M. UST B OBTAINED
FOR THE CONSTRUCTION 3i.1VOLVED 11•1 THE INCREASED NON --
CONFORMING USE ALLOVEED HEREIN.
(Here follows body of resolution, omitted here and or.
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 Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
228 April 27, 1989
Mayor Suarez: Pz-17, companion item.
Mr. Plummer: That now speaks to the conditional use of that lot for parking.
Mr. Olmedillo: That speaks to the variance because of the set back on 23rd
Street. Fifteen was that. You took care of it.
Mr. Plummer: Then I goofed up somewhere along the line.
., 01meel;it�. S*m, took care of it on 15. That was...
Mr. Plummer: No, let me tell you what I've overlooked because I can't do it
with this motion, I don't think.
Mr. Olmedillo: On a variance, you may apply conditions.
Mr. Plummer: OK, then that's fine.
Mr. Dawkins: You got one minute, man.
Mr. Plummer: I'm a minuteman?
Mr. Dawkins: You got one minute.
Mr. Plummer: OR. No, that's not true. According to our policy, the last
item is the last item.
Mr. Dawkins: But I want you to be through it one way....
Mr. Plummer: Thank you, sir.
Mr. Dawkins: Thank you, sir.
Mr. Plummer: The thing that I'm concerned about is, is that that north side
driveway must at all times be accessible to that house. Now, how do I do
that?
Mr. Olmedillo: Put it as a condition to the variance.
Mr. Rivas: Conditions of granting the variance.
Mr. Plummer: All right, that that north driveway must at all times be for the
sole purpose of the residents in the rear. That's that one. OK? Based on
that, I will move for approval. Can I attach that to that?
Mr. Olmedillo: That is correct, it's a variance, you may attach conditions to
it.
Mr. Plummer: OR. How much is the setback presently from 23rd Street?
Mr. De Yur.re: I'll :second.
Mr. Olmedillo: It's five feet. It should be fifteen.
Mr. Plummer: If I made it 10, what would that eliminate any parking?
Mr. Olmedillo: That would affect again, nine parking spaces. You're talking
about the same thing again.
Mr. Plummer: It would eliminate?
Mr. Olmedillo: You would have to reconfigure and probably lose four to five.
Mr. Plummer: See, that I don't want to do. I don't want to lose the parking
spaces. OR, with the provision of the north driveway, I then would move that
particular item.
Mr. Rivas: For clarification, move to reverse the decision of the Zoning
Board...
Mr. Plummer: Sorry.
229 April 27, 1989
Mr. Rivas: ... to deny the variance with the conditions stated.
Mr. Plummer: I stand corrected.
Mr. De Yurre: You got a. second.
Mayor Suarez: Moved and seconded. Any further discussion? If not, call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-416
A RESOLUTION REVERSING THE DECISION OF THE ZONING
BOARD AND GRANTING A VARIANCE FROM ORDINANCE 9500, AS
AMENDED, ARTICLE 20, SECTION 2016, SUBSECTION 2018.2.1
(C), TO ALLOW THE EXISTING OFFSITE SURFACE PARKING LOT.
WITH A FRONT YARD OF 5 FEET (15 FEET MINIMUM FRONT
YARD REQUIRED) FOR THE PROPERTY LOCATED AT 2289-93
SOUTHWEST 17TH AVENUE AND APPROXIMATELY 1681 SOUTHWEST
23RD STREET ZONED RG-1/3 GENERAL RESIDENTIAL (ONE -AND
TWO-FAMILY); FURTHER REQUIRING THAT THE DRIVEWAY ON
THE NORTHERN PORTION OF THE PROPERTY LOCATED AT 2289-
93 SOUTHWEST 17TH AVENUE BE USED SOLELY FOR THE
RESIDENT OF THE IMMEDIATELY ADJACENT HOME, SAID
VARIANCE REQUEST HAVING BEEN FILED IN CONJUNCTION WITH
A SPECIAL EXCEPTION APPLICATION TO ALLOW THE EXISTING
OFFSITE SURFACE PARKING LOT AND WITH A SPECIAL
EXCEPTION APPLICATION TO ALLOW AN EXISTING iX INCREASE
TO A LEGAL NON -CONFORMING USE, THE HEREIN VARIANCE
BEING SUBJECT TO A TIME LIMITATION OF 12 MONTHS WITHIN
WHICH A BUILDING PERMIT MUST BE OBTAINED FOR THE
CONSTRUCTION INVOLVED IN THE INCREASED NON -CONFORMING
USE ALLOWED HEREIN.
(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 Rosario Kennedy
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miller Dawkins
ABSENT: None.
COMMENTS HADE DURING ROLL CALL:
Mr. Plummer: Before I vote, Hrs. Concepcion, Mrs. Concepcion.
UNIDENTIFIED SPEAKER: Right here.
Mr. Plummer: Before I vote, I want you to know that I'm your friend, I'm a
customer but, by God, if you break one of these regulations, I'm going to turn
you inK OK?
Mrs. Joaquina Concepcion: Si. I promise you, I promise.
Mr. Dawkins: On your Girl Scout's...
Mr. Plummer: Because I go there all the time.
Mr. Dawkins: Girl Scout's honor.
Mayor Suarez: Don't swear, we...
230 April 27, 1989
Mrs. Kennedy: And he's raved so much about your grocery, I'm going to be a
customer.
Mr. Plummer: There cent the property values.
56. CONTINUE CONSIDERATION OF PROPOSED CLOSURE RESTRICTING VEHICULAR ACCESS
TO S.W. 28TH STREET AT INTERSECTIO14 WITH S.W. 26TH AVENUE AND S.W. 27TH
LANE, ON A TRIAL BASIS, WITH CONSTRUCTION OF TEMPORARY BARRICADES.
UNIDENTIFIED
SPEAKER: Excuse me, Commissioners. Could
1 respectfully ask
that item 18
be set a specific time next month? It's been
the 5th month in a
row we've had
20 or 30 people h(-.:Ye, please.
Mayor Suarez:
Yes, yes...
Mr. Plummer:
Item what?
UNIDENTIFIED
SPEAKER: Eighteen.
Mayor Suarez:
Why don't we try for - well, we said six on...
Mr. Rodriguez: Today.
UNIDENTIFIED
SPEAKER: PZ-18.
Mayor Suarez:
Which one did we say six on?
Mr. Plummer:
Eighteen is...
UNIDENTIFIED
SPEAKER: ... 28th Street barricades.
Mr. Rodriguez: We set it up for 6:00 p.m. today.
Mr. Plummer:
Yes. Street closures.
Mr. Dawkins:
Eighteen.
UNIDENTIFIED
SPEAKER: The 28th Street barricade.
Mayor Suarez:
I realize that except we had this one
also set for six.
Sergio, did we set another one for 6:00 p.m.? Can we do
it at 5:30 or 5:00?
How about 5:307 OK, let's go for 6:30 then. Especially
set 6:30. Please!
I'm going to
hit this thing. Have quiet in the chambers,
please! OK, we're
going to especially set it for 6:30. I will entertain a motion to that
effect.
Mr. P1urrn)er:
So move.
firs. Kennedy: Second.
Mayor Suarc,z: And seconded. Call the roll on continuation of PZ-18.
Nobody's first, we're taking a vote here, please. Not going anywhere. PZ-18.
UNIDENTIFIED SPEAKER: It's not fair, take something up one hour or the other,
give it an answer, please.
Mayor Suarez: Nobody is recognized to speak. We're calling the roll on the
vote. Please call the roll.
231
April 27, 1989
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
140TION NO. 89-417
A MOTION CONT11MING AGENDA ITEM PZ-18 (PROPOSED
CLOSURE OF S.W. 28 STREET. AT THE EASTERLY SIDE OF
INTERSECTION WITH S.W. 26TH AVENUE AND S.W. 27TH LANE)
TO THE PLANNING AND ZONING MEETING PRESENTLY SCHEDULED
FOR MAY 25, 1989, AT 6:30 P.M.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
------------------------------------------------------------------------------
57. A. COMMISSION AGREEMENT TO CONSIDER NON -AGENDA ITEMS AT THE CONCLUSION
OF EACH AGENDA.
B. CONTINUE ALL PLANNING AND ZONING ITEMS NOT CONSIDERED ON THIS DATE OF
MAY 25TH.
C. SPECIFICALLY DIRECT ADMINISTRATION TO RESTRICT AGENDA ITEMS TO BE
CONSIDERED ON EACH AGENDA.
Mayor Suarez: Do we need to do any other items as an emergency?
Mr. Plummer: Mr. Mayor, I would ask once again, we have run into this problem
everytime where people, and I understand are upset that they've been here for
a long time, not as long as us. But, to the administration, this is crazy.
Mr. Sergio Rodriguez: We set up...
Mr. Plummer: There is absolutely - excuse me, Sergio, and I'm not chastising
you individually, but the administration in general. You knew what this
agenda was, you cannot handle 32 items of zoning in 12 hours.
UNIDENTIFIED SPEAKER: That's right. That's right.
INAUDIBLE C0141-IE14TS NOT ENTERED 114TO THE PUBLIC RECORD.
Mr. 1'lunimer: Plecsr, please. I tale the prerogative of beating them. OK?
I'm saying; to you, pcople 3ra.nt to have their items heard as quickly as
possi.ble:: but it' iiiuch better to be dclaiycd taro months than to come here five
different tft cs end not be heard. We've Cot to cut these agendas shorter.
Mayor Suarez: We blew it on the other items we set for this morning.
Mr. Rodriguez: And those are beyond our control.
Mr. Plummer: Remember, we weren't even going to start today's zoning until
2:00 o'clock.
Mayor Suarez: Commissioners, Commissioners, I have to say and again admonish
everybody, the items that we initially scheduled for this morning would not
have taken that long and a lot of items came in, you know... and were brought
in that were not initially scheduled so we...
Mr. Dawkins: It's nothing for us to do but say we're not going to have but X
number of items and do that.
Mr. Plummer: I agree with that.
232 April 27, 1989
Mr. Dawkins: See, because we keep - these people keep... I mean, citizens
keep coming back night after night after night- And we keep putting forty,
hundred, a hundred and nine items and we know damn well we can't hear a
hundred and nine items in one day.
(APPLAUSE)
Mr. Dawkins: That's right.
UNIDENTIFIED SPEAKER: After all, we don't come here for our health.
Mr. Rodriguez: Mir. Mayor, if I may, there were...
Mr. Dawkins: That's right and after while, the citizens don't come and then
what are we going to do7
UNIDENTIFIED SPEAKER: That's right, it's not fair.
Mr. Dawkins: So, at the next meeting, I would like to make a motion that we
limit the number of items.
Mr. Plummer: Do it now, what's a reasonable?
Mr. Dawkins: All right, OK... all right, how many items do we usually cover,
Mr. Mayor, can we cover?
UNIDENTIFIED SPEAKER: My pocketbook.
Mayor Suarez: Well, we've going a minimum of 80 and sometimes a hundred in
one day.
Mr. Dawkins: All right 80. I make a motion that any agenda that's got on a
regular agenda item that's got sixty items, that's the end of it and on the
planning and zoning...
Mayor Suarez: Well, but wait...
Mr. Dawkins: ... anything over 30 items, forget it.
Mr. Plummer: No, no.
i
Mr. Dawkins: OK, well go - well, tell me something
lMr. Plummer: You can't handle 30 items.
i
t Mr. Dawkins: Well, then tell me then... give us a number, J.L.
Mayor Suarez: Well, no you could if you did a lot of them in the morning for
planning and zoning.
Mr. Rodriguez: Hay I say something?
Mr. Dawkins: If we start at 8:00 o'clock or 9:00 o'clock in the morning you
can.
i
i
E Mayor Suarez: Yes.
t4
i
Mr. Rodriguez: May I say something?
Mayor Suarez: Planning and zoning you have to limit to not many more than
? thirty for an entire day if we can have the morning ones...
Mr. Plummer: A total day.
Mayor Suarez: Right. And regular agenda 60 and be mindful, Commissioners,
there's going to be some items that people are going to ask us to have special
sessions on in between the regular ones.
Mr. Dawkins: Mr. Mayor, I charge you with giving a date of when no more items
will be accepted for the agenda because what puts them in the bind is with my
special items and somebody else's special items, and they have it set, sir...
233 April 27, 1989
Mayor Suarez: That's a good point, Commissioner.. We are going to have to
stick, Commissioners, let me remind you, once again, to the five day rule.
Anything that cannot be justified as an emergency will not be heard unless the
Commissioner has it five days in advance.
Mr. Dawkins: OK, that's good.
Mayor Suarez: And I hope we all abide by it.
Mr. Plummer: Mr. Mayor, if you - wait a minute, just to try to ration...
Mayor Suarez: And if it's an emergency, it doesn't create a problem. We can
always call a special session in accordance with the code.
Mr. Plummer: All right.
Mayor Suarez: The charter.
Mr. Plummer: If to try to rationalize this, you cannot very well hear a
zoning item in less - I don't care what it is - in less than 30 minutes.
That's fair.
Mayor Suarez: Well, a lot of them are Planning Department items, but
certainly not controversial...
Mr. Plummer: Asking questions and the like.
Mayor Suarez: ... contest items... right.
Mr. Plummer: If you have 30 items, that's 15 hours. We only meet 12 with two
out for lunch, that's 10 hours. To me, the maximum should be 20 zoning items
to an agenda. Now...
Mayor Suarez: Twenty unless we're sure that we have a lot of controversial
and...
Mr. Rodriguez: May I say something?
Mr. Plummer: Excluding... all right, let me tell you how to do that.
Mayor Suarez: ... I mean, uncontroversial and planning...
Mr. Plummer: So that we don't inconvenience the public, twenty regular items
excluding in-house items.
Mr. Dawkins: OK.
Mr. Plummer: Which we can take or not take and we don't inconvenience
anybody.
Mr. Rodriguez: What do you mean by that?
Mayor Suarez: We have a lot of Planning Department items is what he means
that...
Mr. Plummer: OK?
Mr. Rodriguez: OK, but I want to remind you that by law...
UNIDENTIFIED SPEAKER: Who makes the appointments?
Mr. Dawkins: By law what?
Mayor Suarez: But contested private requests for rezonings, we should take no
more than twenty.
Mr. Plummer: Huh?
Mr. Rodriguez: By law, today, or by your request, we have eighteen - nineteen
items that we have to handle after 5:00 o'clock.
234 April 27, 1989
Mayor Suarez: I know that, but a lot of them can be handled in the mornings,
planning and zoning ones.
Mr. Rodriguez: Not those, they were...
Mayor Suarez: Well., certainly all the ones you come up with.
Mr. Dawkins: Well, then you don't put them on the agenda, that's no problem.
Mr. Rodriguez: If I may, of the 31 items in planning today, planning and
zoning, there were 13 that could have been handled from 2:00 to 5:00. And by
law, 18...
Mayor Suarez: That have to be after 5:00.
Mr. Rodriguez: ... that we have to handle after 5:00.
Mayor Suarez: OK, please keep in mind, that is by State law, right?
Mr. Plummer: So, put them over to another meeting.
Mr. Dawkins: So, you cut the 18 to ten, they don't take a Ph.D. to understand
that.
Mayor Suarez: State law?
UNIDENTIFIED SPEAKER: That's right.
Mr. Plummer: You don't have to have them today, you could have had ten of
them scheduled for today, ten of them for July, ten of them for May.
UNIDENTIFIED SPEAKER: We agree.
Mr. Plummer: Just be mindful that that will delay the process in many cases,
but, of course, it won't be worse than being postponed three or four times.
Mr. Dawkins: But, at least the citizens will not be here all night.
Mr. Rodriguez: What we need is one day to clean up the agenda completely.
Mr. Dawkins: You been here since 9:00 o'clock this morning, girl.
Mr. Rodriguez: One day and get it over with and then go.
Mr. Plummer: I'll tell you, I, for one, don't want any additional meetings,
but if it takes a one -day meeting to clean up...
Mrs. Kennedy: No new items, just...
Mr. Plummer: ... all of the agenda where we can impose rules of twenty items,
I'll go for it.
Mr. Dawkins: 'You dot me.
Mrs. Kennedy: He too.
Mr. Plummer: OiC.
Mr. Rodriguez: May 25th.
Mr. Plummer: The only thing I would ask, Mr. Mayor, is do it in June. No,
no, no, my brother won't be back until then. OK. So, I don't want to say
I'll be here and then I can't show up.
Mr. Dawkins: OK.
Mayor Suarez: You mean one in addition to the two that we have scheduled?
Mr. Plummer: 1ie's saying that we need one more to clean up all of these loose
items.
Mayor Suarez: OK, one more in addition to...
235 April 27, 1989
Mr. Plummer: And I would... tell you what, I can't... what is June, no May,
no, I can't do it in May.
Mayor Suarez: Let's schedule...
Mr. Plummer: I would have a second meeting in June to do all of the cleanup.
Mayor Suarez: Whatever we haven't done by then.
Mr. Plummer: That's correct.
Mr. Rodriguez: Why don't we wait to May to set up that day?
Mr. Dawkins: No, I wouldn't come either, 877
Mr. Rodriguez: And see how we're doing May 25th?
Mr. Plummer: All right.
Mayor Suarez: Also, we have to wait because I have to see when people - I
hate to schedule it and then have all kinds of conflicts with Commissioners.
Mr. Plummer: So we're talking about then, sixty items for regular agenda, is
that correct?
Mrs. Kennedy: Right.
Mr. Plummer: Twenty items for zoning agenda excluding in-house and now I
would like to offer another policy that worked very well and somehow, we went
away from it. That no one can approach the City Commission with a non -agenda
item except at the conclusion of the agenda of the day.
Mayor Suarez: That's right.
Mr. Dawkins: That's right, that's right, that's right.
Mayor Suarez: That was the effort that we made, not to take any quote,
unquote, pocket items.
Mr. Plummer: No pocket items unless at the end of the day. If that's
acceptable to my colleagues, I'll make it in the form of a motion to set the
policy.
Mr. Dawkins: I second it, I second it.
Mrs. Kennedy: I second.
Mr. Dawkins: I second the motion.
Mayor Suarez: And that includes all the hydrofoils stuff you bring in all the
time at the last moment.
Mr. Dawkins: Yes, &nd the Budweiser re... what?
Mr. Plummer: Yes, sir. Yes, sir.
Mayor Suarez: The regattas and...
UNIDENTIFIED SPEAKER: Don't forget, you vote to close on the street...
Mayor Suarez: OK, I don't even think that has to be taken as a motion but
we'll be happy to vote on it.
Mr. Plummer: Wait a minute, Miller. Miller Dawkins. Should we give any
consideration to a consent agenda being handled separately? In other words,
if we could take more items on the consent agenda where we wipe them clean in
one swoop...
Mayor Suarez: If the consent agenda items are sort of what we hope will be
consent agenda items, and you turn a lot of them - into specific items but we
have to be very careful not to set too many consent agenda items and exceed
236 April 27, 1989
the rule of sixty. But, other than that, I don't see ghat else... what you
would accomplish.
Mr. De Yurre: No, what you do is, if there are items on the consent agenda
that you want to pull out, you pull them out and they become F. regular item on
next meeting.
Mr. Dawkins: J.L., I promise you that I will look at the agenda items prior
to the day and if I got anything, I will work with it before the meeting.
Mr. Plummer: All right, let me do this, if I may...
Mrs. Kennedy: Yes.
Mayor Suarez: It helps with the consent agenda, Commissioner Dawkins as...
Mr. Plummer: Back during Paul Andrews, and we can mandate this on the City
Manager. During the Pail Andrews administration, an Assistant City Manager
came to each Commissioner on Monday and asked, do you have any problems with
any items, specifically on the consent agenda? If you did, he would go and
try to get your answers prior to Thursday so that you didn't - if you had your
answer, you didn't have to pull it from the consent agenda.
Mrs. Kennedy: I do that.
Mayor Suarez: Of course, we have those session, you know, and some
Commissioners...
Mrs. Kennedy: I do that.
Mr. Rodriguez: I understand that that's being done now.
Mayor Suarez: ... don't attend.
Mr. Rodriguez: And it's not being followed by some of you.
Mayor Suarez: Let's all try to follow it.
Mr. Dawkins: Yes, but you know, like J.L. say, you don't come to my office,
you want me to come to yours.
Mr. Rodriguez: We'll try it.
Mr. Plummer: Let's try it.
Mayor Suarez: You might have a little bit more of an active Manager who's
willing to go to the Commissioners instead of having the Commissioners come to
him. I think that's what they're saying.
Mr. Rodriguez: Great, we'll do that.
Mr. Plummer: Ve'll try it.
AT THIS POINT, THE 140TIO14 TO LIMIT SIZE OF AGENDAS WAS TEMPORARILY DEFERRED.
THE ROLL WAS CALLED LATER, SEE M-89-419.
NOTE FOR THE RECORD: At this point, Mayor Suarez recognized
former Miami City Commissioner Manolo Reboso, who was present in
the chambers.
Mayor Suarez: Do we need to continue all the other items until...
Mr. Rodriguez: Yes, continue the other item until May 25th.
Mayor Suarez: Please, please, please(
Mr. Rodriguez: I'm sorry.
items until May 25th.
To continue all the other planning and zoning
237 April 27, 1989
Al Cardenas, Esq.: Until when?
Mayor Suarez: OK, I'll entertain a motion to that effect.
Mr. Cardenas: Until. when?
Mr. Plummer: So move.
Mrs. Kennedy: Moved.
Mayor Suarez: Moved and second.
Mr. Rodriguez: May 25th.
Mr. Plummer: Wait, I don't think we voted...
Mr. Cardenas: May 25th. OK.
UNIDENTIFIED SPEAKER: Is that for everybody, May 25th?
Mr. Cardenas: Yes, could we have on the...
Mayor Suarez: All planning and zoning items continued to May 25th is the
motion.
Mr. Rodriguez: That have not been taken to the...
Mr. Cardenas: Yes, on this General Bank case where we all are, there are
going to be a lot of neighbors involved and we were hoping you could give us a
time certain for the convenience of...
Mayor Suarez: We've got two already with time certains, the best we can do is
say we'll shoot for seven.
UNIDENTIFIED SPEAKER: Seven?
Mayor Suarez: Seven.
Mr. Cardenas: Well, if we know seven, then the neighbors know not to show up
earlier which is...
Mayor Suarez: Well, let's shoot for - OK, we'll set it at 7:00.
Mr. Rodriguez: Which one?
Mayor Suarez: We have a 5:30... we have a 6:00, a 6:30 and a 7:00.
UNIDENTIFIED SPEAKER: Speak up.
UNIDENTIFIED SPEAKER: Seven. We all workers. We're workers.
Mr. Cardena:a: 01", rnalce it 5:00 then.
UNIDENTIFIED SPEAKERS: Seven! I knot•, you asked that before.
Mr. Rodriguez: Mr. Mayor.
Mr. Cardenas: Lake it 5:00 then.
Mayor Suarez: Listen, listen, I said 7:00 for the item that he was referring
to and you're yelling back, no, make it 7:00. Would you get on the mike and
tell me what you've got to tell me so I can figure out what you're saying,
ma'am. You, that's yelling down there, you, ma'am, you.
UNIDENTIFIED SPEAKER: Me?
Mayor Suarez: Yes. What are you saying? He just suggested 7:00. I said
7:00 and now you're yelling, no, 7:00.
UNIDENTIFIED SPEAKER: No, I thought somebody else said something else. We
want it at 7:00 because we work.
238
April 27, 1989
Mayor Suarez: Thank you, thank you, now please have a seat. We're going to
do it at 7:00.
UNIDENTIFIED SPEAKER: Great, thank you.
Mayor Suarez: The General. Federal, General, whatever it is.
Mr. Rodriguez: General Bank.
Mr. Plummer: Is that a.m. or p.m.7
UNIDENTIFIED SPEAKER: It's everybody going on vacation or would they be here?
Mayor Suarez: I'd love to know what you want. I'm going to get to you in a
second. Now, hold it...
Mrs. Kennedy: Everything, she wants everything.
Mr. Plummer: You better be damn careful, she's liable to tell you.
Mayor Suarez: Let's take that procedural motion and vote on it. Do we have a
motion and a second?
Mr. Plummer: Yes.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 89-418
A MOTION CONTINUING ALL PLANNING AND ZONING ITEMS NOT
TAKEN UP ON TODAY'S AGENDA TO THE MEETING PRESENTLY
SCHEDULED FOR MAY 25, 1989.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller Dawkins
Mr. Plummer: May I ask for a vote on the policy of this Commission in
relation to the items on the agenda which we did not vote on?
Mayor Suarez: Move it and Let's get a second.
Mr. Plurfaier: I moved it.
Mrs. Kennedy: Second.
Mayor Suarez: Call the roll on that policy.
239 April 27, 1989
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 89-419
A MOTION DIRECTING THE CITY MANAGER TO LIMIT THE
NUMBER OF ITEMS ON CITY COMMISSION AGENDAS AS FOLLOWS:
(1) A MAXIMUM OF 60 ITEMS ON REGULAR AGENDAS
(2) A MAXIMUM OF 20 ITEMS ON PLANNING AND ZONING
AGENDAS, EXCLUDING IN-HOUSE (PLANNING DEPARTMENT
ISSUES) ITEMS WHICH MAY BE HEARD IF TIME PERMITS:
FURTHER STATING THAT NON -AGENDA ITEMS WILL ONLY BE
CONSIDERED AFTER ALL THE SCHEDULED ITEMS ON THE AGENDA
ARE CONCLUDED.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Vice Mayor Victor De Yurre
ABSENT: Commissioner Miller Dawkins
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: And that also included that no agenda item could be heard until
the end of the regular agenda.
Mayor Suarez: Yes, I vote yes, but I once again admonish my fellow
Commissioners that we wouldn't need that if they didn't deviate from
established policies already.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: OK, do we need any emergency items, Mr. Planning Director,
Assistant City Manager? OK, ma'am, you had something to say, say it on the
mike and tell me what it's about because, otherwise, I'm going to throw this
gavel at you.
UNIDENTIFIED SPEAKER: The date, please, May what?
Mayor Suarez: It's right up there for May 25th. Unless otherwise stated, we
meet on the second and fourth Thursdays of each month. This Commissioner
meeting; is adjourned.
THERE BE114G NO 1UR 71ER BUSI1M7SS 10 CGxM 1B1?FO11R iID. CITY
C"ISSIGN, THE MMING WAS ADJOURNED AT 9:16 P.H.
ATTEST:
!fatty Hirai
CITY CLERK
Halter J. Foeman
ASSISTANT CITY CLERK
Xavier L. Suarez
11 A Y 0 I
240
April 27, 1989
w
DOCUMENTCITY OF MIAMI
INDEX
MEM%M-
RATIFY MANAGER'S ACTION IN MAKING
APPLICATION TO FLORIDA LEAGUE OF
CITIES FOR $8,500,000 LOAN. PAYMENT OF $7,225.
TO ACCOMPANY APPLICATION FROM ORANGE
BOWL ENTERPRISE FUND OPERATING BUDGET.
AUTHORIZE EXECUTION OF AGREEMENT WITH
URBAN ARCHITECTS, INC. FOR
PROFESSIONAL. DESIGN CONSULTANT SERVICES
IN CONNECTION WITH THE ORANGE BOWL
MODERNIZATION PROJECT. PHASE II. TO
BE FUNDED BY FLORIDA LEAGUE -OF CITIES
BOND POOL PROCEEDS.
ACCEPT PLAT: "HORTA SUBDIVISION".
SUPPORT LOBBYING EFFORTS BY THE
MUNICIPALITIES TRUST FUND CORPORATION
IN SECURING STATE FUNDING TO CONSTRUCT
A COMMUNITY CENTER.
GRANT REQUEST BY COMMITTEE ON
BEAUTIFICATION AND INVIRONMENT FOR
WAIVER OF RENTAL FEES AT BAYFRONT PARK
AMPHITHEATER FOR 52ND ANNUAL ROYAL
POINCIANA FIESTA, "AMERICAN MUSIC
JAMBOREE".
GRANT REQUEST BY LIONS INTERNATIONAL
FOR tdAIVER OF RENTAL FEE FOR USE OF
BAYFRONT PARR. AMPHI.TBEATER.
CONCERNING SINGLE MEMBER DISTRICTS FOR
CITY OF 1 1AMI ELECTI01 S.l.'XE"CUTI:VE MAYOR
FORM OF GOVERNI'1E1'T.
GRANT APPEAL BY OBJECIOR—REVERSE
ZONING BOARD'S APPROVAL OF SPECIAL
EXCEPTION TO CONSTRUCT/OPERATE A
HELISTOP ON TERREMARK BUILDING (2601
SOUTH BAYSHORE DRIVE) (APPLICANT:
TERRE14ARK CENTER, LTD.)
AUTHORIZE CITY ATTORNEY TO SEEK
DECLARATORY RELIEF IN CONNECTION WITH
FLORIDA SUPREME COURT'S RECENT DECISION
REGARDING OFFSET TAKEN BY PENSION
BOARDS OF DISABILITY PENSION BENEFITS
FURTHER AUTHORIZE CITY ATTORNEY TO SEEK
OUTSIDE LEGAL COUNSEL, IF DEEMED
NECESSARY BY HIM.
APRIL 27, 1989
lli 3� ow,
89-392
89-393
89-395
89-398
89-400
89-401
89-402
89-405
89-407
DOCUMENT INDEX
2
p�
. o W tea. cif .
RESCHEDULE FIRST CITY COMMISSION
MEETING IN JUNE TO TAKE PLACE ON
JUNE 7TH, 1989,
AMEND PREVIOUSLY APPROVED DEVELOPMENT
ORDER FOR BRICKELL SQUARE PHASES II AND
III PROJECT. AT APPROXIMATELY 845-999
BRICKELL AVENUE (A DRI).
GRANT REQUEST PERMITTING REDUCTION IN
MINIMUM REQUIRED NUMBER OF RESERVOIR
CAR SPACES AT AMOCO DRIVE-IN FACILITY
(1660 WEST FLAGLER STREET).
GRANT REQUEST BY APPLICANT (JOAQUINA
CONCEPCION) FOR SPECIAL EXCEPTION TO
PERMIT EXISTING OFFSITE PARKING IN
CONJUNCTION WITH EL MILAGRO MARKET AT
2289 S.W. 17TH AVENUE AND APPROXIMATELY
1681 S.W. 23RD STREET.
GRANT REQUEST BY APPLICANT
(JOAQUINA CONCEPCION) FOR SPECIAL
EXCEPTION TO ALLOW AN EXISTING 1
PERCENT INCREASE TO A LEGAL NON-
CONFORMING USE (GROCERY STORE) AT 2289-
93 S.W. 17TH AVENUE AND APPROXIMATELY
1681 S.W. 23RD STREET.
PERMIT VARIANCE TO ALLOW EXISTING
OFFSITE PARKING LOT AT 2289-93 S.W.
17TH AVENUE AND APPROXIMATELY 1681
S.W. 23RD STREET.
89-408
89-410
89-411
89-414
89-415
89-416