HomeMy WebLinkAboutCC 1988-11-17 Minutesf
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OF IEETING HEW (M _ NOVEMBEA 171 1988
(Planning & Zoning)
PREPARED ,Y THE OFFICE OF THE CITY CLERK
CITY HALL
INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
NOVEMBER 17, 1988
ITEM
SUBJECT
LEGISLATION
PAGE
NO.
NO.
^
Y
DISCUSSION
1
PRESENTATIONS, PROCLAMATIONS AND
1.
SPECIAL ITEMS
11/17/88
2.
DENY REQUEST by applicant (Planning
DISCUSSION
2-4
Department) for zoning atlas amendment
11/17/88
at approximately 120 N.E. 1st Street
(Shoreland Arcade).
3.
DISCUSS AND CONTINUE CONSIDERATION OF
DISCUSSION
4
PROPOSED SECOND READING ORDINANCE
11/17/88
AMENDING ZONING ATLAS BY APPLYING
SECTION 1610 HC-1 (HISTORIC
CONSERVATION) AT APPROXIMATELY 401-47
NORTH MIAMI AVENUE (CHAILLE BLOCK).
4.
SECOND READING ORDINANCE: Amend zoning
ORDINANCE
5
atlas by applying Section 1610-HC-1
10514
(Historic Conservation) at
11/17/88
approximately 140 N.E. 1st Avenue (Hahn
Building).
5.
DENY PROPOSED Historic Conservation
M 88-1081
6-7
status at approximately 464 N.E. 16th
11/17/88
Street (Trinity Episcopal Church).
6.
LUMMUS PARK AND SCOTTISH RITE TEMPLE:
M 88-1082
8-9
refer to Heritage Conservation Board
11/17/88
proposed historic designation status.
7.
DISCUSS AND CONTINUE consideration of
M 88-1083
9-12
proposed ordinance to apply historic
11/17/88
designation status at approximately 169
E. Flagler Street (Alfred I. Dupont
Building) to meeting scheduled for
January 26, 1988.
8.
SECOND READING ORDINANCE: Amend zoning
ORDINANCE
12-13
atlas by applying Section 1610-HC-1
10515
(Historic Conservation) at
11/17/88
approximately 200 E. Flagler Street
(Walgreen Drug Store)
9.
SECOND READING ORDINANCE: Amend zoning
ORDINANCE
13-14
atlas by applying Section 1610-HC-1
10516
(Historic Conservation) at
11/17/88
approximately 121 S.E. let Street (City
National Bank Building.)
10. DENY proposed historic designation M 88-1084 14-18
status at approximately 1150 South 11/17/88
Miami Avenue (Wilford H. Burkhart House
and Office.)
11. CITIZENS BANK (1367 No. Miami Ave.) - DISCUSSION 18-19
Consideration of historic designation. 11/17/88
(See Label 13)
12.
BRIEF DISCUSSION AND TEMPORARILY DEFER
DISCUSSION
19
consideration of proposed historic
11/17/68
designation at. approximately 100 NE.
1st Avenue (Old U.S. Post Office and
Court House (See label 14)
13.
RECONSIDER previous vote which failed
M 88-1085
19-21
for zoning atlas amendment at
ORDINANCE
approximately 1367 No. Miami Avenue
10517
(Citizens Bank). (See label 11).
11/17/88
14.
CONTINUED DISCUSSION AND DENIAL OF
M 88-1086
21-25
historic designation at approximately
11/17/88
100 N.E. 1st Avenue (Old U.S. Post
Office and Court House). (See label 12)
15.
DENY proposed historic designation at
M 88-1087
25-27
approximately 139 N.E. 1st Street
11/17/88
(Meyer -Kiser Building)
16.
TABLE CONSIDERATION of proposed
DISCUSSION
27-29
Comprehensive Neighborhood Plan
11/17/88
amendment at approximately 246 N.E.
75th Street P)
17.
SECOND READING ORDINANCE: Amend zoning
ORDINANCE
29-30
atlas at approximately 5135-5175 N.W.
10518
7th Street (General Antonio Maceo Park)
11/17/88
from RG-3/6 to PR Parks and Recreation.
18.
SECOND READING ORDINANCE: Amend Miami
ORDINANCE
30-31
Comprehensive Neighborhood Plan -
10519
change designation at approximately
11/17/88
N.E. 7th and 8th Streets, between N.W.
3rd Court and 4th Avenue from high
density multi -family residential to
general commercial.
19.
SECOND READING ORDINANCE: Amend zoning
ORDINANCE
31-32
atlas by changing the designation at
10520
approximately N.W. 7th and 8th Streets,
11/17/88
between N.W. 3rd Court and 4th Avenue
from RG-2/6 to CR-1/6.
20.
SECOND READING ORDINANCE: establishing
ORDINANCE
32-35
appropriations for capital
10521
improvements.
11/17/88
21.
FIRST READING ORDINANCE: Amend zoning
ORDINANCE
35-36
atlas change by eliminating the HC-1
FIRST READING
(Historic Conservation), removing the
11/17/88
historic designation and retaining the
SPI-2 at approximately 3035 Grand
Avenue.
22.
DESIGNATE COMMITTEE OF ONE FOR DONATION
R 88-1088
36-39
OF HEAVY SURPLUS EQUIPMENT TO HAITI.
11/17/88
23.
EMERGENCY ORDINANCE: Amend
ORDINANCE
39-45
Ordinance 10406 (creating Wynwood
10522
Local Government Neighborhood
11/17/88
Improvement District) change
northern boundary of district
from N.W. 36th Street to U.S. I.
95 and provide authorization for
said improvement district to levy
ad valorem tax on real/personal
property, if approved by
Commission.
0
24. ZAMINCO FREEDOM TOWER, INC.: Authorize R 88-1089 45-46
and execute issuance of a revocable 11/17/88
permit for temporary lighting structure
to illuminate Freedom Tower,
25. HISTORIC DORSEY HOUSE: Grant request to M 88-1090 46-47
representatives of Black Archives for 11/17/88
matching funds to acquire said facility
and rehabilitate same subject to
Manager identifying source of funds.
26. IMPACT FEES: Discussion concerning DISCUSSION 48-50
City's previous support to the Dade 11/17/88
League of Cities, Inc. position
regarding Dade County Impact Fees and
encouraging area municipalities to opt -
out of the County's proposed impact fee
ordinance if a determination is made
that it would be in its best interest.
27. A. Express concern to Insurance R 88-1091 50-52
Commissioner for increase in Worker's DISCUSSION
Compensation premiums. 11/17/88
B. Discussion concerning Bill Rios's
efforts for the Wynwood community.
28. SECOND READING ORDINANCE: Amend Miami ORDINANCE 53-54
Comprehensive Neighborhood Plan -change 10523
designation at approximately 2-46 NE 75 11/17/88
Street from Moderate Density
Residential to Liberal Commercial.
(See label 16)
29. SECOND READING ORDINANCE: Amend zoning ORDINANCE 54
atlas at approximately 700 NE 90 Street 10524
from RG-2/4 to CG-2/7. 11/17/88
30. CONSENT AGENDA
DISCUSSION 55-56
11/17/88
30.1
LYNN PADDOR, HAMMER CONSTRUCTION AND
R 88-1092
PISTORINO AND ALAM; Authorize payment
11/17/88
of $34,380.57 without admission of
liability as full settlement of any and
all claims against the City.
30.2
ALL FLORIDA WASTE PAPER COMPANY:
R 88-1093
Approve sale of waste paper with said
11/17/88
company and authorize same at price as
quoted in Dade County Bid No. 128.
30.3
ACCEPT BIDS: O.K. FEED STORE ($9,878)
R 88-1094
and P.O.G. HAY AND FEED ($26,801) for
11/17/88
feed to the mounted police horses and
K-9 unit dogs at Police Department.
30.4
AMEND AGREEMENT WITH ROBERT D. CRUZ:
R 88-1095
Authorize execution of said agreement
11/17/88
for professional planning services in
connection with Miami Comprehensive
Neighborhood Plan by increasing
contract amount.
56
56
56
56
0 i
30.5
ORANGE BOWL STADIUM PARKING: establish
R 88-1096
57
special charge for use of said lots for
11/17/88
special events; authorize Manager to
execute the same with event sponsors
and direct Manager to make
recommendations for permanent
rates/rate charges for use of City
stadiums.
30.6
BABY BOOMERS 10-K RACE: Approve use of
R 88-1097
57
streets and thoroughfares in Coconut
11/17/88
Grove for said race (December 4, 1988).
30.7
THIRD ALLAPATTAH FAIR: Authorize
R 88-1098
57
closure of streets, establish a
11/17/88
pedestrian mall and area prohibited to
retail peddlers for said event
(December 8-11, 1988).
30.8
BORINQUEN HEALTH CLINIC'S DISABLED
R 88-1099
58
PARKING PROGRAM: Allocate $15,000 in
11/17/88
support of said program.
31.
DECLARE ONE SURPLUS PATROL CAR AS
R 88-1100
58-59
CATEGORY "A: SURPLUS STOCK: Donate said
11/17/88
equipment to "All Police Charities" for
use in Annual Police Charity Demo Derby
and Stock Shield Race.
32.
ACCEPT BID: TREEMASTERS, INC. for
R 88-1101
59-67
furnishing of demolition services to
11/17/88
the Department of Building and Zoning.
33.
POLITICAL SIGNS: Refer to the City
DISCUSSION
67
Attorney to draft legislation similar
11/17/88
to Homestead concerning removal of
political signs following elections.
34.
FEDERAL ENTERPRISE ZONE: Authorize a
R 88-1102
68-70
portion of Central Miami as Federal
11/17/88
Enterprise Zone and commit the City to
a course of action in connection with
same pursuant to Federal Register CFR
part 596, subject to removal of Dodge
and Watson Island from said
designation.
35.
Authorize termination agreement with
R 88-1103
70-71
Wynwood Elderly Center, Inc. and
11/17/88
authorize execution of new agreement
with Holy Cross Day Care Center, Inc.
36.
BOOK FAIR WEEKEND: Grant request
M 88-1104
71-72
received from representatives of Miami-
11/17/88
Dade Community College to have N.E. 5
Street remain open.
37.
LOAN AGREEMENT WITH ALLAPATTAH MEDICAL
M 88-1105
72-74
PHARMACY BUILDING: Refer to the City
11/17/88
Manager the issue of amendment to said
loan agreement.
38.
COMPUTERS EXPENDITURE: Authorize
R 88-1106
74-75
$468,617 by Computers for December,
11/17/88
1988.
39.
PROPOSED AMENDMENT TO LEASE AGREEMENT
M 88-1107
75-78
WITH UNIVERSITY OF MIAMI: Defer
11/17/88
consideration of said proposed
amendment.
40.
5-KILOMETERS RUN EVENT: Grant request
R 88-1108
78-80
to representatives of "Kids in Crisis"
11/17/88
for closure of streets on December 15,
1988 to hold said event.
41.
PRO FOOTBALL MATCH RACE: refer to
M 88-1109
80-84
Manager for support, slips for dockage
11/17/88
at Miamarina.
42.
AIRPORT EXPRESS CONSTRUCTION at 112 off
DISCUSSION
84-86
I-95 discussion
11/17/88
43.
HUGHES, HUBBARD, AND REED (ATTORNEYS)
R 88-1110
86-90
TO SERVE AS SPECIAL COUNSEL TO
11/17/88
DEPARTMENT OF OFF-STREET PARKING.
44.
PORT OF MIAMI AGREEMENT WITH
DISCUSSION
90-92
COUNTY FOR FIRE, RESCUE SERVICES:
11/17/88
defer consideration of correction
of scrivener's error.
45.
ASIAFEST: discussion regarding
DISCUSSION
92-97
surcharge at Bayfront Park and
11/17/88
presentation.
46.
MICROCOMPUTERS FROM BURROUGHS (NOW
R 88-1111
98-99
UNISYS) CORPORATION: approve purchase
11/17/88
with proviso Computers Department
computerize Personnel Department.
47.
NORTH DISTRICT POLICE SUBSTATION: defer
DISCUSSION
99-101
consideration of bids for furnishings
11/17/88
(See label 63)
48.
FIREFIGHTERS AND POLICE OFFICERS
R 88-1112
101-102
RETIREMENT TRUST: appoint Charlie Hall.
11/17/88
49.
FIREFIGHTERS AND POLICE OFFICERS
R 88-1113
102-103
RETIREMENT TRUST: appoint Al Gurdak.
11/17/88
50.
DOWNTOWN DEVELOPMENT AUTHORITY BOARD:
R 88-1114
103
appoint Zahid Ramlawi and Harvey Ruvin.
11/17/88
51.
WATERFRONT BOARD: discussion concerning
DISCUSSION
103-104
appointments.
11/17/88
52.
LOWER PRESS BOX AT ORANGE BOWL STADIUM:
R 88-1115
104-105
restoration of fire damage.
11/17/88
53.
CRIME SITUATION ON N.E. 85 STREET
DISCUSSION
106-116
between Biscayne Boulevard and N.E.
11/17/88
10th Avenue discussion.
54.
PURSE SNATCHINGS: discuss additional
DISCUSSION
116-119
funds for P.S.A.s
11/17/88
55.
GOLDEN GLOVE BOXING TOURNAMENT: refer
M 88-1116
119-123
to Manager.
11/17/88
56.
LA PROGRESSIVE PRESBYTERIAN SCHOOL:
DISCUSSION
124
discuss and withdraw use of City parks
11/17/88
for physical education classes.
57.
COCONUT GROVE ARTS FESTIVAL: close
R 88-1117
124•-125
streets, beer permit.
11/17/88
58.
WEST INDIAN AMERICAN DAY CARNIVAL:
M 88-1118
125-131
referred to Manager.
11/17/88
59.
POLICE MINI -STATION IN LEGION PARK:
M 88-1119
131-138
$70,000 to Greater Biscayne Boulevard
11/17/88
Chamber of Commerce to build.
60.
SEX DISCRIMINATION AT DOMINO PARK:
DISCUSSION
138
brief comments
11/17/88
61.
ASIAN VILLAGE (Greater Biscayne
DISCUSSION
138-139
Boulevard Chamber of Commerce):
11/17/88
withdraw consideration.
62.
SALVADOR DIAZ VERSON: at Jose
R 88-1120
139-141
Marti Park (donation)
11/17/88
63.
NORTH DISTRICT POLICE SUBSTATION:
DISCUSSION
141
continued discussion and defer
11/17/88
consideration of bids for furnishings
(See label 47)
64.
NEW SWIMMING POOLS AT ATHALIE RANGE
M 88-1121
141-148
PARK AND HADLEY PARK: set as second
11/17/88
priority on loan from Gulf Breeze
65.
LATIN MUSIC AWARDS/BRAVO AWARD:
DISCUSSION
148-149
discussion
11/17/88
66.
TASTE OF BRICKELL: close streets and
M 88-1122
149-150
permit to sell alcoholic beverages
11/17/88
67.
RADIO SUAVE ANNIVERSARY CELEBRATION:
M 88-1123
150-151
street closure.
11/17/88
68.
TROPICAL CLEAR BLUE LAUNDRY SYSTEM:
M 88-1124
151-157
defer request for loan
11/17/88
69.
PLAQUES INLAYS ON CITY SIDEWALKS: of
M 88-1125
157-160
Latin stars, approve in principle.
11/17/88
70.
PRESENTATION to Youth Group, Coconut
DISCUSSION
160-161
Grove Cares.
11/17/88
71.
WILFREDO CURBELO AND CODE ENFORCEMENT
M 88-1126
161-167
DISPUTE: request Cuban American Bar to
11/17/88
represent Mr. Curbelo pro bono
72.
FM 92 RADIO STATION: waive rent at
M 88-1127
167-168
amphitheater for Jose Canseco
11/17/88
73.
CHILD CARE CENTER IN ALLAPATTAH WYNWOOD
M 88-1128
168-175
PARK: approve in principle
11/17/88
74.
BAYFRONT PARK: status report.
DISCUSSION
176-192
11/17/88
75.
DIRECT CITY ATTORNEY TO PREPARE
M 88-1129
193-203
LEGISLATION REINSTATING THE POLICY
11/17/88
WHICH WOULD ALLOW RESIDENTIAL
HOMEOWNERS OF AN AFFECTED AREA TO JOIN
IN AN APPEALS PROCESS AT NO CHARGE;
EXTEND TIMETABLE FOR FILING AN APPEAL
TO 30 DAYS.
76.
RESTRICTION OF VEHICULAR ACCESS TO SW
M 88-1130
203-206
28 STREET at approximately 28 Avenue:.
11/17/88
public hearing on January 26, 1989.
77.
APPEAL, 3838 N. BAYSHORE DRIVE; review
DISCUSSION
207
variance, Community Based Residential
11/17/88
Facility, withdrawn.
78.
APPROVE MODIFICATIONS TO WATERFRONT
R 88-1131
207-212
CHARTER AMENDMENT: for Riverfront Tower
11/17/88
Project, 1 S.E. 5th Street (Codina
Group/Babcock Companies.)
79.
SECOND -STORY ADDITION at 465 N.E.
M 88-1132
212-222
55 Terrace denied
11/17/88
80.
SHELTER TO NICARAGUANS: lease of City
M 88-1133
223-227
property
11/17/88
81.
SURPLUS SCHOOL BUS DONATION TO HONDURAS
DISCUSSION
228
discussion (see label 85)
11/17/88
82.
SETTLEMENT: Pierrette Cochran $32.000.
R 88-1134
228-229
11/17/88
83.
REMOVAL OF EIGHT BLACK OLIVE TREES:
M 88-1135
229-237
continue consideration of MIRACLE
11/17/88
CENTER, traffic light on Coral Way.
84.
CONTINUE REMAINING ITEMS
M 88-1136
237
11/17/88
85.
DECLARE SURPLUS BUS TO DONATE TO
R 88-1137
238
CHOLUTECA, HONDURAS (See label 81)
11/17/88
0
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 17th day of November, 1988, 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 9:07 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
ALSO PRESENT:
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
Cesar Odio, City Manager
Jorge L. Fernandez, City Attorney
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez. Vice Mayor Kennedy then
led those present in a pledge of allegiance to the flag.
------------------------------------------------------------------------------
1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS
1. Proclamation to Juan Carlos Isaias, III, a student at Cushman School,
declaring him Mayor for a Day.
2. Commendation presented to The Real Club Deportivo Espanol.
3. Proclamation declaring Saturday, November 5, 1988, as Amancio V. Suarez
Day.
NOTE FOR THE RECORD: Item PZ-1 was withdrawn by the applicant.
NOTE FOR THE RECORD: Commissioner De Yurre announced that he would have
to leave the Commission Meeting at 6:45 p.m. due to a family commitment.
Vice Mayor Kennedy indicated that she also had to leave the Commission
meeting around 7:00 p.m.
1 November 17, 1988
0
2. DENY REQUEST by applicant (Planning Department) for zoning atlas
amendment at approximately 120 N.E. 1st Street (Shoreland Arcade).
------------------------------------------------------------------------------
Mayor Suarez: PZ-2.
Ms. Sarah Eaton: PZ-2 is applying the HC-1 zoning overlay to the Shoreland
Arcade. This building is architecturally significant as an outstanding
example of the neoclassical style of architecture and it's primarily
significant as containing the only interior arcade that remains in the
downtown area.
Mr. De Yurre: Are these second readings?
Ms. Eaton: Yes.
Mr. De Yurre: OK, so, Mr. Mayor, I'll just move this item.
Mayor Suarez: Moved. Do we have a second?
Mr. Dawkins: Second, if it's a second reading.
Mayor Suarez: Second, second reading. It was unanimous before.
Mrs. Kennedy: Which one?
Mayor Suarez: PZ-2.
AT THIS POINT, THE CITY ATTORNEY READS THE ORDINANCE INTO THE PUBLIC RECORD BY
TITLE ONLY.
Mayor Suarez: Any questions on two? Does anyone from the general audience
wish to be heard?
Mr. Dawkins: Hold it, hold it, hold it, hold it.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: Is this the - been approved by the owners? The owners of the
in favor of this?
Ms. Eaton: On PZ-3?
Mr. Dawkins: No, two.
Ms. Eaton: Two, no, the owner is opposed.
Mr. Dawkins: Well, then I'm going to be voting no. Now on two I voted yes,
so it's three that they must not want.
Mr. De Yurre: You weren't here.
Mr. Dawkins: No, on two I had - well, OK, on two they show on here that I
voted yes. Now was I here or was I not here on two? Three I wasn't here.
See, I'm absent on three. So two...
Mayor Suarez: Anyone here on PZ-2? Anyone wishes to be heard on PZ-2? Let
the record reflect no one stepped forward. Anything further from the
Commission?
Mr. Plummer: Time out.
Mayor Suarez: Yes, Commissioner Plummer.
Mr. Plummer: I need to see Sergio.
Mrs. Kennedy: Yes, I feel the same way, Mr. Mayor.
Mr. Plummer: Sergio...
2 November 17, 1988
0
Mayor Suarez: Looks like you're in high demand, Sergio, Mr. Planning
Director.
Mr. Plummer: Where is he?
Mayor Suarez: He's with Commissioner Dawkins.
Mr. Plummer: Time out.
Mayor Suarez: Want to table PZ-27
Mr. Plummer: No, because it's going to continue on through.
Mayor Suarez: The same concern about all of them?
Mrs. Kennedy: Here it is, I have it.
Mr. Dawkins: So what are we going to do with two now?
Mrs. Kennedy: We're on two.
Mr. Dawkins: Going to approve it?
Mrs. Kennedy: No, not yet.
Mayor Suarez: Commissioner has additional - you OK on PZ-27 No further
questions from Commissioner Dawkins? What is the name of the building? Does
it have a name?
Ms. Eaton: Yes, it's the Shoreland Arcade. It was most recently known as the
Dade Federal Savings and Loan.
Mr. Dawkins: This is two now.
Mayor Suarez: PZ-2, right. And we've put in the record, have we not, Sarah
and Joe, all of the supporting findings, documentation related to historic
designation?
Mr. Joe McManus: Yes, sir.
Mr. Plummer: Mr. Mayor, I'm prepared at this time with the....
Mayor Suarez: OK, anything further from the Commission? If not, call the
roll.
ON MOTION DULY MADE BY COMMISSIONER DE YURRE AND SECONDED BY
COMMISSIONER DAWKINS, THE HEREINABOVE ORDINANCE FAILED, ON SECOND
READING, BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Vice Mayor Rosario Kennedy
Commissioner J. L. Plummer, Jr.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: I'm voting no because I feel that it will adversely affect the
property values in the adjacent area, so - I'm sorry, I'm voting no. I think
it will definitely adversely affect the property values in the adjacent area.
Mrs. Kennedy: I'm voting no because I think that it is contrary to the
established land use pattern.
Mr. Dawkins: I'm voting no because I think that it will - it does not, in any
way, safeguard the City's, in my opinion, historical and cultural and esthetic
value, agricultural heritage as one of the concerns of the provisions and I
don't see, in my opinion, where it will foster civic pride in the
3 November 17, 1988
accomplishments of doing this. Neither do I see where it will protect and
enhance environmental character in the interest of the neighborhood like
stabilizing and improving property value. In my opinion, you can only improve
the value of the property if you do something to the property to make it - to
enhance it. So, therefore, I vote no.
3. DISCUSS AND CONTINUE CONSIDERATION OF PROPOSED SECOND READING ORDINANCE
AMENDING ZONING ATLAS BY APPLYING SECTION 1610 HC-1 (HISTORIC
CONSERVATION) AT APPROXIMATELY 401-47 NORTH MIAMI AVENUE (CHAILLE
BLOCK).
Mayor Suarez: PZ-3.
Mr. Dawkins: I vote that PZ-3 be denied. Who's here to speak for PZ-37
Mayor Suarez: Do we have anyone that wishes to be heard on item PZ-3?
Commissioners, do you want to hear from staff on PZ-3? It's on second
reading. It was previously moved by Commissioner Plummer, seconded by
Commissioner Kennedy, Commissioner Dawkins did not vote or was absent.
Mr. Sergio Rodriguez: In PZ-3...
Mr. Plummer: Do we have an expression from the owner?
Ms. Sarah Eaton: Two of the owners are opposed. We have not heard from the
third owner. Yes, total of three owners.
Mr. Plummer: I'll move to defer. I'll move to defer.
Mr. De Yurre: Second.
Mayor Suarez: Moved and seconded on deferral. That's continuance, is that
what we have to do?
Mr. Plummer: For further information.
Mayor Suarez: Do we have to continue to a specific date?
Mr. Rodriguez: Continue to the next planning and zoning item.
Mr. Plummer: That's fine.
Mayor Suarez: So moved and seconded.
Ms. Eaton: Is there any specific information you'd like us to provide at the
next meeting?
Mr. Plummer: A whole lot.
Mayor Suarez: Call the roll.
ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER DE YURRE, THE ABOVE ITEM WAS CONTINUED TO THE NEXT
PLANNING AND ZONING COMMISSION MEETING BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
4 November 17, 1988
0
4. SECOND READING ORDINANCE: Amend toning atlas by applying Section 1610-
HC-1 (Historic Conservation) at approximately 140 N.E. Ist Avenue (Hahn
Building).
Mayor Suarez: PZ-4, the Hahn Building, 140 N.E. First.
Mrs. Kennedy: Move it.
Mr. De Yurre: Second.
Mayor Suarez: Moved and seconded. Any discussion? Anyone from the general
public wish to be heard on PZ-4? Let the record...
Mr. Plummer: Do we have an expression from the owner?
Ms. Sarah Eaton: We have not heard from the owner. We tried to con...
Mr. Plummer: Either way?
Ms. Eaton: Either way.
Mr. Plummer: OK.
Mayor Suarez: Read the ordinance. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY APPLYING THE HC-1: GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO HAHN
BUILDING LOCATED AT APPROXIMATELY 140 NORTHEAST 1ST
AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN); MAKING FINDINGS; AND MAKING ALL NECESSARY
CHANGES ON PAGE NUMBER 36 OF SAID ZONING ATLAS.
Passed on its first reading by title at the meeting of October 27, 1988,
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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10514.
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.
5 November 17, 1988
5. DENY PROPOSED Historic Conservation status at approximately 464 N.E.
16th Street (Trinity Episcopal Church).
Mayor Suarez: PZ-5, Trinity Episcopal.
Mr. Plummer: Mr. Mayor, I will ask the indulgence of the Commission. Trinity
Episcopal is one of the landmarks of this community. But Trinity Episcopal is
probably faced with some very unique problems which maybe at a later date
would be appropriate for historic designation but not at the present time.
Their building, like this building that we're in, unfortunately, was made from
salt water concrete from the way I understand it. And, basically, Trinity is
faced with some multimillion dollar improvements, or let's say, maintenance to
keep their building intact. And I don't think that it's fair to, especially a
church, to put them under any restrictions to stay in business because they
come from a higher authority. I would move at this time that this item be
either deferred indefinitely or more preferably to be denied and possibly at a
later time, much later time, it could be reconsidered. But, until such time
as they have the opportunity to restore the cathedral, I think it would be too
much of an impedance to them that they don't need that impedance, what they
need is God speed to get that place restored. I would move at this time that
PZ-4 be denied and I would hope that that would pass.
Mr. Dawkins: I will second it.
Mrs. Kennedy: Second.
Mayor Suarez: PZ-5 please. Let the record reflect it's PZ-5.
Mr. Plummer: I'm sorry, PZ-5.
Mayor Suarez: Commissioner Dawkins, you seconding?
Mr. Dawkins: I second. Under discussion. And the reason I say it should be
denied is that I believe it's contrary, and these are the lists of things that
they must conform to in order to be historic. And I believe that to declare
this historic is contrary to the establishment of the land use pattern, will
create an isolated district unrelated to adjacent and nearby districts, is out
of scale with the needs of the neighborhood, will adversely influence living
conditions in the neighborhood, will adversely affect property values in the
adjacent area and will be a deterrent to the improvement and development of
adjacent property and therefore I'll be voting no.
Mr. Plummer: Mr. Mayor, I want you to know I made that motion in spite of Mr.
Benjamin.
Mayor Suarez: I see that he's getting ready to try to dissuade us or persuade
US. Mr. Benjamin.
Mr. Plummer: Mr. Mayor, may I take the point of personal. privilege and
introduce to this Commission here on this particular item, the wife of one of
the greatest men that I ever had the opportunity of serving with in City
Hall - no, not you, for sure - the wife of Mel Reese, Dorothy Reese.
Unfortunately, Dorothy is going to be leaving us to go up in the center part
of the state and, I guess, grow oranges, but it's been my pleasure and my
family's pleasure knowing their family all the years back to 1967, Dorothy
Reese.
(Applause)
Mrs. Dorothy Reese: And, your Honor, take care of that desk.
Mayor Suarez: I was going to tell you, you're welcome to go up there and see
the desk for yourself. If you haven't seen it in a while it might bring back
memories.
Mrs. Reese: No, I never thought I'd leave Miami but suddenly it occurred to
me that I want to live in Mt. Dora, a small town of 6,000. I can really get
into trouble there. And thank you...
6 November 17, 1988
Mayor Suarez: We'll keep an eye on you even if you're far away from here.
Mrs. Reese: I am with the Trinity Cathedral group as I've told you, your
Honor, we pray for you three times every Sunday.
Mayor Suarez: We need that.. Make sure you pray for those on my right.
Mrs. Kennedy: How about the rest of us?
Mayor Suarez: And for those on my left.
Mrs. Reese: You don't need it. He does.
Mayor Suarez: Mr. Benjamin, sir, you were going to...
Mr. Donald F. Benjamin: Well, Mr. Mayor, my name is Donald F. Benjamin, 525
N.E 15th Street. Commissioner Plummer has done such a wonderful job I don't
know if I should get into my little spiel but I want to take the opportunity
to introduce to you the dean of the cathedral, the very Reverend Donald W.
Krickbaum. He's new to Miami, about six months, I believe and I think he'd
like to say a few words to you.
Mayor Suarez: Reverend, I think we have a saying here that when things are
going in your favor, momentum is on your side, you don't say too much but, of
course, we don't usually say that to the clergy so...
Rev. Donald W. Krickbaum: That's all right, I've already thrown my speech out
so...
Mayor Suarez: Very good.
Mr. Plummer: If he doesn't give a speech, you can't pass the plate and you
know that ain't going to happen.
Rev. Krickbaum: I am the very Reverend Donald W. Krickbaum, the dean of
Trinity Cathedral and here on behalf of the cathedral and the cathedral vestry
simply to request that we not be regulated under this ordinance. The
cathedral is fully aware of its historic and significant value in this
community and we have every intention of preserving it. But, as Commissioner
Plummer has so ably said, we are facing some significant issues and problems
which we must be free to conform, both to the needs of a worshipping community
and the confines of our own canon law and our worship and liturgy at the
cathedral and so, on behalf of the chapter and the people of Trinity
Cathedral, we respectfully request that this motion be denied. Thank you.
Mayor Suarez: Anything further from staff? Anyone else wish to be heard on
this item? We have a motion and a second to deny. Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-1081
A MOTION TO DENY PROPOSED ORDINANCE TO APPLY SECTION
1610 HC-1 (HISTORIC DESIGNATION STATUS) TO TRINITY
EPISCOPAL CHURCH LOCATED AT APPROXIMATELY 464 N.E.
16TH STREET.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
7 November 17, 1988
------------------------------------------------------------------------------
6. LUMMUS PARK AND SCOTTISH RITE TEMPLE: refer to Heritage Conservation
Board proposed historic designation status.
Mayor Suarez: PZ-6, Lummus Park historic district.
Ms. Sarah Eaton: Between first and second reading, the Planning Department
has studied the new boundaries as proposed by the Commission at the last
meeting. We do not feel that these boundaries meet the criteria for historic
district designation and if it...
Mayor Suarez: These would be the expanded boundaries?
Ms. Eaton: The reduced boundaries...
Mayor Suarez: The reduced boundaries.
Ms. Eaton: ... to include only the park and the Scottish Rite Temple. And if
it 1s the wishes of the Commission just to include this small area, we would
request that it be referred back to the Heritage Conservation Board where we
would proceed with an individual designation.
Mr. Plummer: So move.
Mr. Dawkins: Second.
Mayor Suarez: So moved and seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-1082
A MOTION TO REFER BACK TO THE HERITAGE CONSERVATION
BOARD A PROPOSED DESIGNATION OF SECTION 1610 HC-1
(HISTORIC DESIGNATION STATUS) TO LUMMUS PARK AND
SCOTTISH RITE TEMPLE; FURTHER STATING THAT THE CITY'S
CURRENT IMPROVEMENTS TO LUMMUS PARK ARE NOT TO BE
AFFECTED BY THIS PROPOSED DESIGNATION.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: For the record, let me know, once again, that in no way in doing
_ this and I want this brought before the hysterical conservation board, that it
will not affect what the City is planning to do in improvements in Lummus Park
because Commissioner De Yurre has championed that cause and got $100,000 and I
don't want to see any impedance to those improvements. If so, let's hold it
off until we make those improvements.
Ms. Eaton: It is the Planning Department's recommendation that we only
designate the Scottish Rite Temple and that the park not be included. Half of
the park is already designated.
Mr. Plummer: OK, what I'm saying is you understand...
Ms. Eaton: Yes.
8 November 17, 1988
Mr. FIummer: ... Is that we don't, in any way, interfere with the City's
Improvements to that park. I vote yes.
COMMENTS FOLLOWING ROLL CALL:
Mayor Suarez: Yes, and let me echo Commissioner Plummer said, it's important
that we get those improvements done to Lummus Park. We don't want this, in
any way, to impede that process. Reverend, did you want to add something?
Rev. Krickbaum: Just for the record, air, I'd like to thank the City
Commission on behalf of Trinity Episcopal Cathedral. Thank you.
Mayor Suarez: Thank you.
Mr. Plummer: No blessing?
Rev. Krickbaum: You have my blessing and my prayers.
Mayor Suarez: We'll bless you, go and sin no more.
------------------------------------------------------------------------------
7. DISCUSS AND CONTINUE consideration of proposed ordinance to apply
historic designation status at approximately 169 E. Flagler Street
(Alfred I. Dupont Building) to meeting scheduled for January 26, 1988.
Mayor Suarez: PZ-7. Dupont Building. This is second reading.
Mr. Plummer: Mr. Mayor, my only fear continues to be the fear that,
hopefully, and I know Commissioner Dawkins has a converse view, but if the day
were to come where this City would be fortunate enough, in my estimation, to
acquire that property, I am concerned as I can see the Chamber's of this City
Commission being where the bank is. I question what will happen if the City
were to acquire that property. I guess I'm selfish in a way. I'm selfish for
my City that if, in fact, this were to happen, and then I read in the paper
that there's some little crow's nest up on the 18th floor that we'll all fight
about. I'd like to defer this item is really what I'd like to do until such
time as the City has made some designation. I'll move to defer. Let me see
how that flies or doesn't fly.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded to defer. Counselor, did you want to...
Commissioners first.
Mr. Dawkins: Under discussion, I don't care how many times you defer it, I,
for one, will never vote for the City of Miami, me personally, to move in
there as a City Hall. It's cost prohibited. The money it would cost per
square foot to bring it up to what we're talking about is just astronomical in
my opinion. Parking is a no, no and to sit here and have the public think
that I would be in favor of using the Alfred Dupont as a City Hall, I could
not do it and if you defer it, I will still come back and vote the same as I
have voted on every other no and that is, that, if you make it historic, it
would be contrary to the established land use pattern, it would create an
isolated district unrelated to the adjacent and nearby districts, it will
adversely influence living conditions in the neighborhood, it will adversely
affect property values in the adjacent area and it will be a deterrent to the
improvement and development of the adjacent area. And for that reason, I will
be voting no whenever it come back.
Ms. Eaton: Commissioner Plummer, you're aware that any... until final action
by the City Commission, the building is, or any of these buildings, are under
a moratorium on the issuance of all building permits. It is, in effect, the
same as a designation that before an owner can pull a building permit, he must
go before the Heritage Conservation Board.
Mr. Rodriguez: But, I think also...
Mr. Plummer: I withdraw my motion and move for denial.
9 November 17, 1988
Mr. Rodriguez: I want to also make you aware that I believe you instructed
the Manager to come back on December 15th with a recommendation in relation to
Dupont Plaza.
Mr. Plummer: I understand that and that's why I was going to defer it until
after that action.
Mr. Rodriguez: Right.
Mr. Plummer: Based on what she has said now. It's immaterial...
Mayor Suarez: Yes, you can do...
Mr. Plummer: ... I much prefer to defer...
Mrs. Kennedy: You can defer it.
Mr. Plummer: OK, rather than deny because the building is significant in my
estimation. I'm selfish for my City, if we were to acquire it, I guess, you
know, I would like to have the freedom of doing what the City needs to do but
a deferral is fine with me.
Ms. Eaton: If the City does acquire the property the and if, for some reason,
the Heritage Conservation Board would deny a certificate of appropriateness
for the reuse of the second floor, the City could appeal the decision to you.
Mr. Plummer: To the City. There's an inherent problem there of some kind, I
don't know what it is.
Mayor Suarez: I have to just add my comments that preliminarily it seems like
the cost of this building is prohibitive and I just don't - I want to put on
the record that I don't think we'd be heading in the right direction
considering it for an administration building at this point because of cost.
Other factors would make me want to consider it, but it would turn out to be
too expensive. Of course, if they gave it to us or something of that sort, it
might be more interesting. Counselor, did you want to add anything to the
motion or argue against it or for it?
Debby Orshefsky, Esq.: My name is Debby Orshefsky. I'm an attorney with
offices at 1221 Brickell Avenue representing the owner of the building. We
have continued to object to the general designation. If you were to move for
deferral, we would certainly support that and look forward to working through
any potential purchase by the City.
Mr. Plummer: Mr. Mayor, I assume, just for the record and it doesn't reflect
here, all of you have received a copy of a letter that the price has been
greatly reduced already and that's in the first spirit of negotiation. And I
just want...
Mayor Suarez: From their own imagined value.
Mr. Plummer: Well, of course, you know...
Mayor Suarez: Right.
Mr. Plummer: And on the record, and I just whispered in Commissioner Dawkins'
ear, the parking is the only structure that I know of downtown with 400 spaces
included in the purchase price. And I don't want to get into a
Mr. Dawkins: OK, no, we have to get into it, it was brought up.
Mr. Plummer: OK.
Mr. Dawkins: Mr. Rodriguez.
Mr. Rodriguez: Sir.
Mr. Dawkins: Just off the top of your head, if we were to put every agency
that we have in the Dupont Plaza...
Mr. Plummer: No...
10 November 17, 1988
Mr. Dawkins: ... approximately how many parking spaces would be needed?
Mr. Plummer: No, not the Dupont Plaza, Dupont Hotel.
Mr. Dawkins: I mean, I mean, this...
Mayor Suarez: Dupont Building.
Mr. Dawkins: The Dupont Building.
Mayor Suarez: That's close enough.
Mr. Dawkins: Approximately how many would be - just off the top of your head?
Mr. Rodriguez: I couldn't give you a good answer because I don't know. I
imagine that we're talking about - first, I don't know how many square feet
are in the building exactly.
Mr. Dawkins: No, no, how many parking spaces?
Mayor Suarez: We had 200,000 square feet as the estimate last time.
Mr. Plummer: Roughly.
Mr. Rodriguez: That's a hundred and sixty, I think it was, right? So that
would probably fit...
Mayor Suarez: Not fit, you mean...
Mr. Rodriguez: I imagine that we are probably are talking about more than 400
parking spaces.
Mr. Dawkins: All right, and then now that's just for the personnel.
Mr. Rodriguez: No, what I'm...
Mr. Dawkins: For individuals coming to the City to require services and
visitors, we're going to need another 200. So now, where would - see, it just
in my opinion, J. L., it will not meet our parking needs. That's just my
opinion.
Mr. Plummer: Commissioner, you know, here again, I don't to - well, the day
hopefully will come where we can debate the subject of the sale or no sale.
But, you know, obviously, I go to that building quite frequently because I do
bank at that bank and I have never, ever had a problem when I pulled into the
parking structure that I couldn't be parked. Now, you have all of those
offices filled at the present time with law offices and all of the rest of the
offices and I just don't see... I'm saying, and I guess maybe it's because I
was born in this community, there is no building to me that stands out in my
mind as more of this City in a key location than the Alfred I. Dupont
Building. Now, I'm just saying that for the...
Mayor Suarez: Well, I agree with that part of the argument but why wouldn't
we designate it, give it historic designation? Because we can always change
that if the City saw fit to acquire it. That's why I'm going to have to vote
against the motion to defer. It seems to me...
Mr. Plummer: Well...
Mayor Suarez: ... to be worthy of historic designation. Anything further
from the Commission? Call the roll.
Mr. Plummer: The motion, since I - just to reiterate, is for deferral.
Mayor Suarez: Right.
Mr. Rodriguez: December 15th.
Mr. Plummer: Fine.
11 November 17, 1988
0
Mayor Suarez: Which is when the Manager is supposed to report back to us
and...
Mr. Plummer: Yes, I would rather go on the January 26th, let's do that to be
on the safe side.
Mr. Rodriguez: OK, January 26th.
Mayor Suarez: OK, the motions amended to read, continue until January
twenty - what is it?
Mr. Plummer: Six.
Mayor Suarez: Sixth. Do we have a second on that? Amended.
Mrs. Kennedy: Yes, I did. I did second it.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-1083
A MOTION TO CONTINUE PROPOSED ORDINANCE TO APPLY SECTION
1610 HC-1 (HISTORIC DESIGNATION STATUS) TO THE ALFRED I.
DUPONT BUILDING, LOCATED AT APPROXIMATELY 169 E. FLAGLER
STREET, TO THE MEETING PRESENTLY SCHEDULED FOR JANUARY 26,
1989.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
NOES: Mayor Xavier L. Suarez
ABSENT: None.
Mayor Suarez: That gives you two months now that we don't have to see you
instead of one month.
Ms. Orshefsky: You'll see me later
Mayor Suarez: OK, we'll see you on other items.
Ms. Orshefsky: Thank you.
------------------------------------------------------------------------------
8. SECOND READING ORDINANCE: Amend zoning atlas by applying Section 1610-
HC-1 (Historic Conservation) at approximately 200 E. Flagler Street
(Walgreen Drug Store)
--------------------------------------------------------------------------------
Mayor Suarez: OK, PZ-8.
Mrs. Kennedy: Move it.
Mayor Suarez: Moved.
Mrs. Kennedy: Second reading.
Mayor Suarez: On second reading, do we have a second?
Mr. De Yurre: Second.
12 November 17, 1988
Mayor Suarez: Seconded. Anyone wish to be heard on PZ-87 Let the record
reflect no one stepped forward. Walgreen Drug Store, all of the prior
testimony, documents, findings and so on are incorporated into the record.
Read the ordinance. Call the rol.l.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY APPLYING THE HC-1: GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO THE WALGREEN
DRUG STORE LOCATED AT APPROXIMATELY 200 EAST FLAGLER
STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN); MAKING FINDINGS; AND MAKING ALL NECESSARY
CHANGES ON PAGE NUMBER 36 OF SAID ZONING ATLAS.
Passed on its first reading by title at the meeting of October 27, 1988 „ 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 Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10515.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: I think this will adversely affect property values in the
adjacent area, I vote no.
9. SECOND READING ORDINANCE: Amend zoning atlas by applying Section 1610-
HC-1 (Historic Conservation) at approximately 121 S.E. 1st Street (City
National Bank Building.)
Mayor Suarez: PZ-9, City National, 121 S.E. First Street.
Mrs. Kennedy: That's also second reading, I moved it first, I'll move it
again.
Mayor Suarez: Second reading. Moved.
Mr. De Yurre: Second.
Mayor Suarez: Seconded. Anyone wish to be heard on this item? Let the
record reflect no one stepped forward. Read the ordinance. Call the roll.
13 November 17, 1988
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE. ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY APPLYING THE HC-1: GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO THE CITY
NATIONAL BANK BUILDING LOCATED AT APPROXIMATELY 121
SOUTHEAST 1ST STREET, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS; AND
MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 36 OF SAID
ZONING ATLAS.
Passed on its first reading by title at the meeting of October 27,
1988„ 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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10516.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: This is on eleven.
Mr. Dawkins: No, ten, no ....
Mayor Suarez: Nine, nine, nine.
Mr. Rodriguez: Nine.
Ms. Eaton: Nine.
Mrs. Kennedy: No, on nine.
Mr. Plummer: Wait a minute, hold on, hold on. I got ahead of myself here.
Wait a minute, how did I do this? On nine, I vote yes.
10. DENY proposed historic designation status at approximately 1150 South
Miami Avenue (Wilford H. Burkhart House and Office.)
Mayor Suarez: Item 10.
Mrs. Kennedy: It's also second reading. I moved it. I move it again.
Mayor Suarez: Moved on first, now moved on second by Vice Mayor. You have a
second? Seconded. Any discussion? Does anyone wish to be heard on this
item?
Sheila Wolfson, Esq.: Yes, my name is Sheila Wolfson, I'm an attorney with
offices at 1221 Brickell Avenue. I'm here on behalf of the property owner,
Mrs. Hazel Burkhart who, with her husband, constructed this home and has lived
on...
Mr. Plummer: Are you an attorney?
i
14 November 17, 1988
Ms. Wolfson: Yes, I am.
Mr. Plummer: Are you a registered lobbyist?
Ms. Wolfson: Yes, I am.
Mr. Plummer: Proceed.
Ms. Wolfson: Mrs. Burkhart was unable to be here herself today. She is 90
years old and she has not recovered from the death of her husband last year.
She's ill and infirm and instructed me to request the Commission to please
consider her strong wishes that this historic designation not be imposed upon
the property. Her reasons, quite frankly, are financial. This home had a
number of contracts for purchase on it. However, the prospective purchasers
want the site, not the house. The delay in demolition that this designation
would necessitate is substantial to a 90 year old woman...
Mr. Plummer: It's a lifetime.
Ms. Wolfson: ... we realize that ultimately the demolition could not be
prevented but...
Mayor Suarez: Let me ask once again, it seems like we've asked it before but
I'm never too sure of the procedure. Suppose they want to demolish or they
want to sell and they want to have the ability to demolish so they can sell it
to someone who knows that they can then build on the entire property something
much larger than this presumably. They have to quote, unquote, wait six
months, what exactly does that mean? They apply?
Ms. Sarah Eaton: Not necess... the owner would apply for a certificate...
Mayor Suarez: To the board.
Ms. Eaton: ... of appropriateness for demolition. The board could delay the
demolition up to six months.
Mayor Suarez: Can they apply for a certificate of appropriateness for
demolition if they're not necessarily going to demolish but want to sell and
want the buyer to know that it can be demolished?
Ms. Eaton: Yes.
Mayor Suarez: Just as long as you have the intent to demolish. Then what
happens? They get denied, let's say by the Heritage Conservation Board.
Ms. Eaton: The board cannot deny demolition.
Mayor Suarez: It cannot deny demolition.
Ms. Eaton: The most the board can do is delay demolition for six months.
Mayor Suarez: How do they do that?
Ms. Eaton: They would issue a certificate of appropriateness with a delayed
effective date of six months.
Mayor Suarez: OK, but can it permit demolition at that point?
Ms. Eaton: Yes.
Mayor Suarez: OK. So you're saying it's not a denial but it's a certificate
of appropriateness which in effect delays. So it's like a denial. What
happens then?
Mr. Rodriguez: That's it.
Mayor Suarez: Six months elapse and then they have an absolute right.
Ms. Eaton: Yes.
Mayor Suarez: Can this Commission act either way in that intervening period?
15 November 17, 1988
Ms. Eaton: The owner could appeal the delay of six months to the Commission
but more than likely by the time it got on the agenda, the six months would
have taken place.
Mayor Suarez: Are you saying that we take that long to act on things?
Mr. Rodriguez: No.
Ms. Eaton: No, but by the - just the paperwork and the notice requirements.
Mayor Suarez: Well now suppose the Commission says, we don't want it
demolished. Can the Commission say that?
Ms. Eaton: No.
Mr. Plummer: No.
Ms. Eaton: No.
Mr. Plummer: Not the rights of a property owner.
Mayor Suarez: You know, it troubles me. I went back and saw the house after
the first reading and sort of looked at the area and showed it to some people
actually that were with us and it just doesn't seem like it's a particularly
proper use of that property. I mean that's a large property. What could you
on there if you didn't have that house?
Ms. Wolfson: It's...
Mayor Suarez: It's a fairly large lot, isn't it, Counselor?
Ms. Wolfson: Yes, it is, it's zoned SPI-7, an office building would be a
likely use there.
Mayor Suarez: And, of course, that's what we have mostly in the area; a
couple of restaurants and an office building. Some are small office
buildings, I have to admit. And some are like the traditional structures that
were made into office buildings right around there on South Miami.
Ms. Wolfson: Mrs. Burkhart understands that, you know, ultimately, there
could be a demolition of that house if that's what the purchaser wants. But,
you know, six months to this 90-year old woman plus whatever is necessary in
terms of preparing the application and filing it, looks like a substantial
period of time.
Mayor Suarez: If the closing takes a couple of months and specifies... it
typically takes a couple of months, she's specifying in the contract papers
that it's subject to demolition, you're delayed an extra four, let's say,
beyond the usual two months. Anyhow...
Ms. Wolfson: We're looking at the major asset that this woman has in her life
and she's emotionally attached to the house certainly. She doesn't want to
see it demolished but realistically, practically this is one of the things
that she has to deal within. She's quite distressed that she would no longer
have the absolute control over this home as she has for fifty some years.
Mayor Suarez: And she hasn't applied to the Heritage Conservation Board for
that permission to demolish?
Ms. Wolfson: No, she has not.
Mr. Plummer: It's not been designated.
Ms. Eaton: She could still have applied.
Mr. Plummer: She could apply even though its not been designated?
Ms. Eaton: Yes. Because the property is under a moratorium until final
action by the City Commission.
Mr. Plummer: Oh, oh, oh, oh.
16 November 17, 1988
Ms. Eaton: But the owner can apply for a certificate of appropriateness
during that time.
Mr. Dawkins: And if the owner had applied, and then would that have made
everything that we are doing here moot because, I mean, you're saying the
owner could have applied but if the owner had applied and had gotten it and
then you come before us, I mean, the owner really went through an exercise of
frutility.
Ms. Eaton: Well, during that time, the intent of the six month delay is to
try to come up with another solution to find a buyer who would be interested
in preserving and reusing the building.
Mr. Plummer: But, in that particular area I don't think that's what this
Commission wants to do.
Ms. Eaton: Well, Fire Station Number Four has been a very successful
restaurant, that's one block north. This building could very well lend itself
to a restaurant.
Mr. Dawkins: OK, I was not here, Mr. Mayor, but I'll be voting no and I'll
vote no for the same reasons and I want to put it in the record so if we go to
court, it's in the records why I voted no. I'll be voting no because, there
again, it's contrary to the established land use pattern that's there now I
think. I think it will create an isolated district unrelated to the adjacent
nearby districts, is out of scale with the needs of the neighborhood,
certainly in my opinion, and it will adversely influence living conditions in
the neighborhood. So for that reason, I will be voting no.
Mr. Plummer: Well, I likewise, will vote no and if I ever saw a case in which
the clause that says its a deterrent to the improvement of the development of
adjacent property in accordance with existing regulations, in my estimation,
this one does apply because the rest of the area, you're not going to see any
more R-1 in that area, residential housing. And, as far as I'm concerned,
we're trying to improve that area and improvements are not residential in that
particular site. So I will be voting no. Is there a motion on the floor?
Mr. Foeman: Yes, there is.
Mr. Plummer: And the motion is to...
Mrs. Kennedy: Either there is a motion to approve this...
Mr. Plummer: Oh, OK.
Mrs. Kennedy: ... but after hearing all the arguments, you know, I feel the
same way so I'll just - if you want to make a substitute motion, or I can make
a substitute...
Mayor Suarez: You had made a motion and had it been seconded?
Mrs. Kennedy: I had made a motion.
Mayor Suarez: Had it been seconded?
Mrs. Kennedy: Yes.
Mr. Foeman: Yes.
Mayor Suarez: Who seconded her motion?
Mr. Foeman: Commissioner De Yurre.
Mayor Suarez: So we have a motion and a second to approve, right?
Mr. Plummer: Um hum.
Mr. De Yurre: I'm willing to withdraw it.
Mrs. Kennedy: Yes, I'll withdraw the motion.
17 November 17, 1988
Mayor Suarez: Motion's withdrawn. Do we have a motion to deny?
Mr. Dawkins: I move that we deny for the reasons stated.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 88-1084
A MOTION TO DENY PROPOSED ORDINANCE TO APPLY SECTION
1610 HC-1 (HISTORIC DESIGNATION STATUS) TO THE WILFORD
H. BURKHART HOUSE AND OFFICE, LOCATED APPROXIMATELY
1150 S. MIAMI AVENUE.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. De Yurre: For the same reasons that Commissioner Dawkins stated, I say
yes.
Mrs. Kennedy: For all the same reasons, yes.
Mayor Suarez: I hate to change my vote from first reading to second reading,
but I am convinced by the same arguments and I did go to see the area and I
think it makes sense to deny. I vote yes on the motion.
Ms. Wolfson: Thank you.
------------------------------------------------------------------------------
11. CITIZENS BANK (1367 No. Miami Ave.) - Consideration of historic
designation. (See Label 13)
Mayor Suarez: PZ-11, Citizens Bank.
Mr. De Yurre: I'll move it.
Mayor Suarez: Moved, the approval of the designation.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. It's on second reading. Any discussion? Anyone
from the general public wishes to be heard? Read the ordinance. Call the
roll.
ON MOTION DULY MADE BY COMMISSIONER DE YURRE AND SECONDED BY
COMMISSIONER DAWKINS, THE ABOVE MOTION FAILED BY THE FOLLOWING
VOTE:
18 November 17, 1988
IP
AYES: Commissioner Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Vice Mayor Rosario Kennedy
Commissioner J. L. Plummer, Jr.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: I think this will adversely affect property values in the
adjacent area. That area is really due for, I don't know what you want to
call it, but instant renewal and I just don't see this building as being a
part of that - what I would like to see is instant renewal so I'll vote no.
Mrs. Kennedy: I think that this building is out of scale with the needs of
the neighborhood and I vote no.
12. BRIEF DISCUSSION AND TEMPORARILY DEFER consideration of proposed
historic designation at approximately 100 NE. 1st Avenue (Old U.S. Post
Office and Court House (See label 14)
Mayor Suarez: PZ-12. Old U. S. Post Office and Court House.
Mr. Dawkins: That's a good one. That's a good one.
Ms. Sarah Eaton: For the record, this application is a different application
than was submitted to the Commission in 1984. Originally we had proposed the
shell of the 1912 building. This is the old AmeriFirst Building that was
originally built as a federal building, the U.S. Post Office and Court House
in 1912. It is an outstanding example of neoclassical architecture and it is
also important for its association with First Federal.
13. RECONSIDER previous vote which failed for zoning atlas amendment at
approximately 1367 No. Miami Avenue (Citizens Bank). (See label 11).
Mrs. Kennedy: Excuse me, Sarah.
Ms. Eaton: Yes.
Mrs. Kennedy: Mr. Mayor, I went ahead - I thought that we were on PZ-12
before. I did what my colleague, Plummer, did a few minutes ago and I - so I
change my vote on PZ-11 for a yes.
Mr. Dawkins: Vote to reconsider. No, you've got to vote to reconsider.
Mr. Foeman: I need a motion to reconsider.
Mrs. Kennedy: OK, I vote to reconsider.
Mayor Suarez: Moved to reconsider PZ-11.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Call the roll on the motion to reconsider.
19 November 17, 1988
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 88-1085
A MOTION TO RECONSIDER PREVIOUS MOTION WHICH FAILED TO
PASS A PROPOSED ORDINANCE TO APPLY SECTION 1610 HC-1
(HISTORIC DESIGNATION STATUS) TO CITIZENS BANK,
LOCATED AT 1367 N. MIAMI AVENUE.
(Note for the record: Said ordinance was passed
immediately following this motion as Ordinance 10517.)
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Can we just put it right back up again, Sarah, eleven so we all
remember what we're talking about? OK, now, do we have a motion on 11?
Mrs. Kennedy: Move it.
Mayor Suarez: Moved.
Mr. De Yurre: Second.
Mayor Suarez: Seconded. Do we have to re -read the ordinance or has it been
read into the record sufficiently, Mr. City Attorney?
Mr. Fernandez: I'll re -read it.
Mayor Suarez: Thank you. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY APPLYING THE HC-1: GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO CITIZENS
BANK LOCATED AT APPROXIMATELY 1367 NORTH MIAMI AVENUE,
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN);
MAKING FINDINGS; AND MAKING ALL NECESSARY CHANGES ON
PAGE NUMBER 23 OF SAID ZONING ATLAS.
Passed on its first reading by title at the meeting of October 27, 1988 „ 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 Victor De Yurre
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10517.
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.
20 November 17, 1988
,,.r, Iow,
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: No, for the reasons stated previously.
Mayor Suarez: I'm going t.o vote yes, but, once again, it's sort of hopeful
thinking on the part of this Commission and we're trying to go by the criteria
but if nothing happens if it's owner wishes to do something else there, I'd
certainly hope this Commission would figure out a way to allow that to proceed
even quicker than the six months called for.
COMMENTS MADE FOLLOWING ROLL CALL:
Mr. Plummer: Let me ask a question, if I may. Is there a vehicle, an avenue,
that an owner could proceed to come before this Commission and ask to be
undesignated?
Mr. Rodriguez: You have one item today before you. Today there is an item
Mr. Plummer: There's one that's been designated, that's going to be...
Mr. Rodriguez: Right.
Mr. Plummer: OK.
Mr. Rodriguez: You have that today, like PZ-twenty something, I believe. The
I Ching Building in Coconut Grove.
Mr. Plummer: OK, because that, in effect, would be quicker than waiting out
the period of the six months.
Mayor Suarez: There he goes, they're guessing as to how long it would take us
to undesignate. It could be about the same, it could be a little shorter
though.
Mr. Dawkins: About two years.
Mr. Plummer: OK. He who giveth can take away.
Mayor Suarez: Finish calling the roll.
Mr. Foeman: I have.
Mayor Suarez: OK, took my vote.
14. CONTINUED DISCUSSION AND DENIAL OF historic designation at approximately
100 N.E. 1st Avenue (Old U.S. Post Office and Court House). (See label
12)
Mayor Suarez: Item PZ-12 again then. That's what you're here for, Counselor,
right?
Sheila Wolfson, Esq.: That's correct.
Mayor Suarez: Not eleven.
Ms. Sarah Eaton: Would like staff - the old U.S. Post Office and Court House
is architecturally significant is one of the finest examples of the
neoclassical style in Miami. The building was built for the U.S. Government
in 1912, in the second decade of the City's existence. The building is also
significant as the home for what was originally the First Federal Savings and
Loan, which is now AmeriFirst. This was the first chartered savings and loan
association in the country. The application before you today is a different
application than we submitted to you in 1984. It includes not only the
original 1912 building, but also the addition that First Federal made when
they expanded greatly and became one of the foremost financial institutions in
Miami. In addition, the surrounding area has changed dramatically since 1984.
21 November 17, 1988
0 V
A number of buildings in the immPdiatP vicinity have been rehariIitating
including the Seyhold Building and several of the small buildings directly
across the street and around the corner from this building.
Ms. Wolfson: Sheila Wolfson, on attorney with offices at 1221 Brickell
Avenue. I'm here on behalf of the property owner who is opposed to this
designation. I believe Miss Baton was attempting to address what I see as a
procedural bar to this Commission's approving this rezoning and that is the
fact that the rezoning was considered and rejected in 1984. Now, there's a
legal doctrine known as administrative res adjudacata which is applicable in
zoning actions and which bars reconsideration...
Mayor Suarez: I have to tell you, that's a lot better than .last time because
last time they said it was res adjudacata which the word doesn't exist and it
didn't say administrative res adjudacata, at least now we're hearing the right
arguments. I'm not sure we agree with them because there's a change in
circumstances from 1984 but it's presented a little bit more correctly to this
body acting as a court is what you want us to act almost as.
Ms. Wolfson: Well, I want you to observe the applicable authority which is
the case of Coral Reef Nurseries versus Babcock at 410 southern second 648...
Mayor Suarez: I was afraid of that, you're going to start citing cases to us
now.
Ms. Wolfson: It's legal argument that I think has to be addressed before you
can consider the rezoning and virtue of this res adjudacata, the Commission is
barred from considering this rezoning application unless there is a
substantial change in circumstances, substantial change in the application.
You have to make that determination first before you can consider this
application. I don't believe that there's been such a substantial change in
circumstances by virtue of the rehabilitation of another building in the area
that would remove this procedural bar to your consideration of this rezoning.
Once that bar is in place, you know, the application really should not be
considered unless there has been this substantial change in circumstances.
Now, I believe that one of the Commissioners raised a question as to the
City's ordinance that indicates that a rezoning application can be filed
within a six month period. Now, that specific problem was addressed also in
the Coral Reef Nursery case. They were dealing with the Dade County ordinance
but it also had a one year period after which the rezoning application could
be filed. However, the third district said that this did not remove the bar
of res adjudacata.
Mayor Suarez: You heard Commissioner Plummer on the prior item ask, suppose
we change our mind on an item that we had historically designated and wanted
to undesignate it. And we found out that that could be done.
Ms. Wolfson: You would still have to...
Mayor Suarez: So why can we change our minds in that direction and not in the
other direction? If we previously did not designate this and now, four years
later, we decide to designate it.
Ms. Wolfson: Because it's the same application. Rezoning to the historic
conservation district is the same, however, you would be rezoning to a
different designation if you reconsidered that historic zoning, OK, so it
would be two different applications completely. We're...
Mayor Suarez: You don't think the people of Miami, if we undesignate it could
argue res adjudacata, administrative res adjudacata?
Ms. Wolfson: If you designated this par...
Mayor Suarez: If we undesignated something that we previously designated.
Isn't that the same?
Ms. Wolfson: No, it is not because the two different zonings that you'd be
requesting are different. You'd be going from HC to perhaps CG, something
completely different.
Mr. De Yurre: Excuse me a second.
22 November 17, 1988
V
Ms. Wolfson: We're talking about an identity of requests.
Mr. De Yurre: Is this the same item that Mr. Traurig came in and argued...
Mr. Jorge Fernandez: Yes.
Mr. De Yurre: ... res adjudacata...
Ms. Wolfson: That's correct.
Mr. De Yurre: ... and then we said it didn't hold here?
Mr. Fernandez: Yes.
Mr. De Yurre: OK, I just wanted to make sure.
Mayor Suarez: Yes, our own legal opinion was that it doesn't apply. OK, go
ahead, Counselor.
Ms. Wolfson: Well, I believe that it does apply and I'm relying upon the
authority of the third district decision in Coral Reef Nurseries and I want
that in the record. OK?
Mayor Suarez: Reasonable people can disagree.
Mr. Fernandez: Well, Mr. Mayor.
Mayor Suarez: Yes.
Mr. Fernandez: If I may address the legal issues.
Mayor Suarez: Well, if she's finished.
Mr. Fernandez: Oh, OK.
Mayor Suarez: Is that it, Counselor?
Ms. Wolfson: No, it...
Mayor Suarez: We interrupted you a couple of times.
Ms. Wolfson: Pardon me?
Mayor Suarez: We've interrupted you a couple of times, go ahead.
Ms. Wolfson: No, in addition, I'd like to point out the fact that there have
been substantial changes in this structure since it was originally constructed
and such things as steps removed, landscaping installed between the building
and the sidewalk, arches that were enclosed where windows initially existed so
I question whether or not it actually meets the criteria for historic
significance at this point because of these significant alterations.
Mayor Suarez: Counselor, do you want to put in the record what your opinion
is on the argument of - are we barred by res adjudacata?
Mr. Fernandez: Yes, I certainly will. We have the firm of Greenberg Traurig
to thank for the opinion of Coral Reef Nurseries versus the Babcock Company.
Mr. Traurig or some of his associates were the ones who made very good case
law in this case and I would like to give you the proper holding of the third
DCA on this case. Interestingly enough, Mr. Traurig's firm argue the same
position that today I'm arguing that they are arguing the other side. They
were successful in convincing the third DCA and this is the holding of the
third DCA completely, that the board, in this case you, the Commission, your
determination that the doctrine of administrative res adjudacata did not bar
your decision to grant a subsequent application for a zoning change after the
first application had been denied and that in so doing you did not do or
commit a flagrant abuse of discretion and your decision would not be disturbed
on appeal. That's the sum and substance of the decision of the third DCA but
furthermore, the third DCA went on to say that in applying the doctrine of res
adjudacata in zoning matters, the requirements thereof must be liberally
construed in favor of the applicant, in this case the applicant is the City of
Miami, to provide necessary flexibility to the zoning ordinance. Now, the
23 November 17, 1988
0 V
changes - there are changes in conditions and the administration has clearly
established that on the record for you - these are two very different types of
application. The application today in front of you is much more comprehensive
than the last. one and several other factors have also changed since the time
of your first denial. And when that is the case, the doctrine of res
adjudacata, though applicable or could be considered, in this case clearly has
no application. It is within your purview to determine whether to apply it or
not after you have considered all the facts in question. And I can assure you
that your decision to uphold the administration in this case, upon the proper
findings, would not be disturbed on appeal so long as it shows that you have
made the proper findings because this is, in fact, a justiciable or rather
this is a fairly debatable type of question that. you can deal with. And I
could continue giving you the holdings on that case...
Mr. Plummer: Oh, no.
Mr. Fernandez: ... which is the Seminole case for this area of the law.
Mayor Suarez: We get the gist of your opinion and J. L. was asking, does that
mean yes or no7
Mr. Plummer: Yes. If I understand correctly, you disagree with her opinion
and if that's the case, I waive consecutive translation.
Mayor Suarez: He's also beginning to sound like he's a supreme court justice
when he's giving us all these assurances of whats going to happen if this
matter gets taken up appeal. But, anyhow, it's comforting to know that you're
so strong in your opinions and...
Mr. Fernandez: Yes.
Mr. Plummer: And Mr. Traurig gave them to you.
Ms. Wolfson: As I am.
Mayor Suarez: ... Counselor, did you want to say something finally on that?
Without making this into a legal argument, we have to go with our legal
opinion, but go ahead.
Ms. Wolfson: The issue is whether or not there is a substantial change in the
circumstances, that's clear from the Coral Reef Nurseries case. That is your
decision as to whether or not there are substantial changes based on the
information you have from your staff and in consideration of that. If you
find that there have not been substantial changes, then the doctrine does
apply and you are barred from considering this rezoning.
Mayor Suarez: Well, but I thought you were arguing that there were some
changes made that were significant, I think that was the word you used.
Ms. Wolfson: No, that - no, I. was saying that in addition to the res
adjudacata problem, beyond that when you're considering the buildings
historical significance, you need to also consider the fact that there have
been substantial alterations to the building since it was originally built,
not since the 1984 rezoning, but...
Mayor Suarez: I see what you're saying.
Ms. Wolfson: That detract from the historical significance of this, you know.
Mayor Suarez: I see, OK. That goes back to a different time then.
Ms. Wolfson: Right.
Mayor Suarez: Anything further from the Commission? Do we have a motion on
this item?
Mr. Foeman: No.
Mayor Suarez: No motion.
Mr. Plummer: Everything else fails, I will, I move to deny based on the fact
that it will affect property values in the adjacent area.
24 November 17, 1988
6
0
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion from the Commission? Call
the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-1086
A MOTION TO DENY PROPOSED ORDINANCE TO APPLY SECTION 1610
HC-1 (HISTORIC DESIGNATION STATUS) TO THE OLD U.S. POST
OFFICE AND COURT HOUSE, LOCATED AT APPROXIMATELY 100 N.E.
1ST AVENUE.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
NOES: Mayor Xavier L. Suarez
ABSENT: None.
15. DENY proposed historic designation at approximately 139 N.E. 1st Street
(Meyer -Kiser Building)
Mayor Suarez: PZ-13.
Ms. Sarah Eaton: The Meyer Kaiser Building is one of the most unique
buildings in the downtown area in its display of how the 1926 hurricane
dramatically affected the City. The building was originally constructed as a
17-story building and was heavily damaged by the hurricane. This was the only
building in the downtown area that carried wind insurance and so the owners
were able to get an insurance settlement and were able to remove the upper 10
stories leaving the lower seven and this building was reconstructed after the
hurricane and its period of significance dates from 1926. The building is a
fine example of the commercial style of architecture in downtown Miami and is
particularly significant for its associations with the hurricane.
Mayor Suarez: Did you notice that one, how subtle that is. Its particularly
significant for its association with the hurricane. You mean, it survived the
hurricane...
Ms. Eaton: Right, there are very few buildings that have - that display such
a dramatic result of the hurricane that they were able to survive.
Mayor Suarez: If it hadn't survived, it would be particularly significant for
its association with the hurricane too in the negative sense.
Ms. Eaton: We probably wouldn't remember it if it didn't survive.
Mr. Plummer: Did it really survive when it lost the top ten floors?
Mayor Suarez: That's another good question. Sir.
Mr. Royer: I'm Charles Royer, 607 Palermo, Coral Gables. I'm here to
represent Mr. - excuse me - Mr. Jules and myself who own the Dade Commonwealth
Building was formally the Kaiser -Meyer Building. Since this building's been
acquired, it was in a run down state, it was 85 percent abandoned,
for tenants, now we have it probably 95 percent occupied. Since
acquiring it, it's been over $300,000 spent installing new elevators into the
building. We have installed new gas lines throughout the building since its
basically for small jewelry manufacturers and jewelry repair places. We would
25 November 17, 1988
qp
like, in the future, to be able to do it - I know some of you Commissioners
are familiar with the old El Commodore Hotel and a dispute - disrespute it.
fell into when they tried to change it into the Taj Mahal with efficiency
apartments and what. have you. What the area became with the type of people...
Mr. Dawkins: I can't hear you, sir...
Mayor Suarez: You got to move it just a little closer.
Mr. Royer: With the type of people that were hanging around that area. Now
we...
Mayor Suarez: How long ago was this?
Mr. Royer: I imagine they remodeled the El Commodore three years ago.
Mr. Plummer: How many?
Mr. Royer: Three or four years ago.
Mr. Plummer: Three or four years ago?
Mr. Royer: Into the building it is now.
Mr. Plummer: Oh, because it hadn't been the E1 Commodore for 20 years.
Mr. Royer: I know. It went into the E1 Cid. Tommy Taj Mahal. And we have
plans in the future per money situation and what have you, we'd like to
remodel the outside of the building along that line and make it modern to help
the downtown business and make it a more viable area and we would, if
possible, try to remain intact with the front of the building with the four
columns which they seem to think is so important.
Mr. Dawkins: I'd move to deny. I move to deny for the same reasons I've been
removing all day. Number one, it is contrary to the established use pattern,
will create an isolated district unrelated to the adjacent and nearby
districts, will adversely influence living conditions, will adversely affect
property values in the adjacent area and will be a deterrent to the
improvement of other adjacent project. I move to deny.
Mr. De Yurre: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 88-1087
A MOTION TO DENY PROPOSED ORDINANCE TO APPLY SECTION
1610 HC-1 (HISTORIC DESIGNATION STATUS) TO THE MEYER-
KISER BUILDING, LOCATED AT APPROXIMATELY 139 N.E. 1ST
STREET.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Rosario Kennedy.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: I'm going to vote yes, I think it definitely will deter the
property values and adversely affect the property values in the area.
26 November 17, 1988
4 V
Mayor Suarez: I'll have to vote with the motion, yes that I - Just looking at
it, it doesn't look like something we'd pant to bend over backwards to
preserve and if somebody can improve it in some way or whatever, it would
Inure to the benefit of the general vicinity and the City as a whole.
Mr. Royer: I'd like to thank the Mayor and the Commissioner for your
consideration.
Mayor Suarez: All right, air.
Mr. Royer: Thank you.
-------------------------------------------------------------------------------
16. TABLE CONSIDERATION of proposed Comprehensive Neighborhood Plan
amendment at approximately 246 N.E. 75th Street
Mayor Suarez: PZ-14.
Mr. Guillermo Olmedillo: PZ-14 and 15 are companion items. This is the second
reading. It's a plan amendment and a zoning change for property located on
approximately 246 N.E. 75th Street. We have argued that when you look at the
transparency, we have a uniform line which separates the liberal commercial
use from the residential use and we recommended denial of the application.
For the record, the Planning Advisory Board recommended approval and the
Zoning Board recommended approval.
Mr. Plummer: And this is tied with 157
Mr. Olmedillo: This is 14 and 15 together, yes. Fourteen is the plan
amendment and 15 is the zoning change. And it's going from a residential
district, a moderate density residential district to a liberal commercial
district.
Mayor Suarez: You're representing the applicant?
Christine Moreno, Esq.: Yes, sir.
Mayor Suarez: Is there anyone that wishes to be heard against this item? Let
the record reflect no one stopped forward. I'll entertain a motion on it.
It's this on second reading.
Mr. Olmedillo: Second reading, yes, sir.
Mayor Suarez: It was unanimous before?
Mr. Olmedillo: That is correct. Mr. Dawkins was absent on that particular
meeting.
Mayor Suarez: Do you want to move it, second reading?
Mrs. Kennedy: Sure, move it.
Mr. Plummer: The only question that I had - I'll second it for discussion -
Mr. Mayor, I think the discussion was brought up by you of changing this from
a residential status basically to a office status and that is it creating the
problem of traffic and creating the problem of parking spaces.
Mr. Olmedillo: Remember, the application is for a much more liberal use than
offices, it is a commercial, liberal commercial use which is CG.
Mr. Plummer: Well, but I think they on the record said that basically what
they wanted was, in fact, office space as I recall. The point still is the
fact that it would generate more traffic than a residence and it would create
need for more parking, as I recall the arguments prior.
Mr. Olmedillo: Well, that will be the natural consequence, of course.
Mr. Plummer: Yes.
27
November 17, 1980
4 0
Mrs. Kennedy: Let me ask you, Guillermo, there's 9 change here from moderate
density residential to liberal commercial. Are they giving us any kind of
covenant, are they proffering anything?
Mr. Olmedillo: No, there are no covenants attached to this particular
application.
Mrs. Kennedy: No covenant.
Ms. Moreno: Mr. Plummer, I believe your recollection is not correct on this
property.
Mr. Plummer: Then correct it.
Ms. Moreno: OK.
Mayor Suarez: Give us your name too, please.
Ms. Moreno: Yes, my name is Chris Moreno on behalf of Robert A. Koppen and J.
Herbert Watkins, the owners of the premises. This is currently - the entire
block, half of the block is an imaginary line drawn there and half is...
Mayor Suarez: Yes, if you direct it at the mike we can hear better.
Ms. Moreno: Half of the block is liberal commercial, the remaining half is
moderate residential. Streets already have been widened and all of the
utility services are available there as well. There are wooden frame
constructions on the premises which, since the time of our last hearing, we
did demolish because they were places where transients did come and it was
impossible to rent half a block that's residential with the other half. There
have been four mail in requests in favor of this and no mail in requests
against this. All the adjoining property owners are in favor of it.
Immediately east to the property is an industrial area and the block
immediately adjoining lot number four is a large grassed in area with a high
barbed wire fence. It's not something which would deteriorate the community.
As a matter of fact, it would improve it. Just kiddy -corner from the property
is a health food store and across the street is the jitney service and it's...
I have photographs as well which could better refresh the circumstances but
the property owner's intention is to create an open air market which would
help improve the neighborhood and Mr. Robert A. Koppen would be installing
this and he has made many renovations and improvements in the community and he
has worked with the Northeast Miami Chamber of Commerce for many years and he
was the founder of the Northeast Miami Chamber of Commerce and he was their
president for 15 consecutive years thereafter. I have pictures...
Mayor Suarez: The Vice Mayor was going to make a suggestion.
Mrs. Kennedy: Yes, if you could give us a - talk to your clients about giving
us a covenant for the new Parks Department program for kids.
Ms. Moreno: Excuse me?
Mayor Suarez: Do you think your client might want to make a proffer of some
support for our parks program that we're trying to help in keeping kids off
the streets and make some voluntary monetary contribution to that program
since you're asking for something from this Commission that...
Mrs. Kennedy: If you need some time to talk to them.
Mayor Suarez: ... would presumably inure to the benefit commercially of that
property.
Ms. Moreno: How much are you asking that I ask my client to contribute?
Mayor Suarez: J. L. you have a better way of stating this all the time than
I...
Mrs. Kennedy: We can table the item. Well, we can table the item for one
hour if you want.
Mr. Sergio Rodriguez: This will be completely voluntary on your part because
there is no requirement that you do this. I think what they are trying to
28 November 17, 1988
tell you that in many cases when some of the applicants come before the
Commission, they voluntary proffer a covenant by which they donate to the
parks program a certain amount of money to help in that particular area.
Mr. De Yurre: Like they donated what, a $5,000 the other day?
Mr. Rodriguez: So as just to give you an idea, if the Commission want to
table the item so that she can consider or discuss with her clients, she might
want to do that.
Ms. Moreno: Well, I know that Mr. Koppen has been a sponsor of the Little
League in the neighborhood.
Mrs. Kennedy: Yes, but that... that has nothing to do with this.
Mayor Suarez: OK, the items tabled for...
Mr. De Yurre: For an hour.
Mrs. Kennedy: For an hour.
Ms. Moreno: Thank you.
Mr. De Yurre: You're welcome.
Mayor Suarez: At the request of the Vice Mayor.
-----------------------------------------------------------------------------
17. SECOND READING ORDINANCE: Amend zoning atlas at approximately 5135-5175
N.W. 7th Street (General Antonio Maceo Park) from RG-3/6 to PR Parks and
Recreation.
Mr. Guillermo Olmedillo: PZ-16 is the second reading for approximately 5135-
5175 N.W. 7th Street. This is the Antonio Maceo Park and it's only a zoning
change from RG-3/6 to Parks and Recreation. The comprehensive plan is already
passed...
Mayor Suarez: Anyone who wishes to be heard on this item, against? Let the
record reflect no one has come forward.
Mr. Dawkins: The administration approval?
Mayor Suarez: Yes...
Mr. Olmedillo: That is correct, sir. We recommend approval.
Mr. Dawkins: Move it.
Mayor Suarez: ... it's requested. Moved. Do we have a second?
Mr. Plummer: Second, second.
Mayor Suarez: Seconded. Read the ordinance. Call the roll.
AN ORDINANCE -
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 DESIGNATION
FROM RG-3/6 GENERAL RESIDENTIAL TO PR -PARKS AND
RECREATION FOR THE AREA LOCATED AT APPROXIMATELY 5135-
5175 NORTHWEST 7TH STREET, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS; BY
MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 28 AND OF
SAID ZONING ATLAS.
Passed on its first reading by title at the meeting of October 27,
1988 „ was taken up for its second and final reading by title and adoption.
On motion of Commissioner Dawkins, seconded by Commissioner Plummer, the
29 November 17, 1988
4 0
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10518.
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.
18. SECOND READING ORDINANCE: Amend Miami Comprehensive Neighborhood Plan -
change designation at approximately N.E. 7th and 8th Streets, between
N.W. 3rd Court and 4th Avenue from high density multi -family residential
to general commercial.
Mayor Suarez: PZ-17 is...
Mr. Dawkins: Move it.
Mayor Suarez: ... companion item, is it?
Mr. Dawkins: No.
Mayor Suarez: No.
Mr. Elbert Waters: Yes, yes, Mr. Mayor.
Mayor Suarez: It is?
Mr. Waters: This is a companion item for PZ-18, a comp plan amendment and
change of zoning in item 18.
Mayor Suarez: All three are companion items.
Mr. Jorge Fernandez: No, no, no.
Mr. Waters: No, 17 and 18.
Mayor Suarez: Oh, 17 and 18 are companion - OK, so it's not a companion item
to 16, so...
Mr. Fernandez: Seventeen and eighteen.
Mr. Plummer: Seventeen and eighteen.
Mayor Suarez: ... Commissioner Dawkins was right, OK, what's PZ-17 about?
Mr. Waters: Seventeen is a request by the department to amend the
comprehensive master plan from a moderate high density residential to
commercial residential and amending our 1989-2000 comp plan from high density
multi family residential to general commercial. These items have been
approved on first reading by this Commission. Commissioner Dawkins was absent
at that particular time...
Mayor Suarez: And it's Department of Development's item, your recommendation.
Mr. Fernandez: Yes.
30 November 17, 1988
Mr. Waters: Department of Development supports these two items and the
department is requesting your approval
Mrs. Kennedy: Move it.
Mayor Suarez: Moved. It's on second reading. Moved, do we have a second?
Mr. Plummer: Second.
Mayor Suarez: Seconded. Read the ordinance. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985) FOR
PROPERTY GENERALLY DESCRIBED AS THE BLOCK BOUNDED BY
NORTHWEST 7TH AND NORTHWEST 8TH STREETS, AND NORTHWEST
3RD COURT AND NORTHWEST 4TH AVENUE (MORE PARTICULARLY
DESCRIBED HEREIN), BY CHANGING THE DESIGNATION OF THE
SUBJECT PROPERTY FROM MODERATE HIGH DENSITY
RESIDENTIAL TO GENERAL COMMERCIAL/RESIDENTIAL; AND
MAKING FINDINGS.
Passed on its first reading by title at the meeting of October 27,
1988„ was taken up for its second and final reading by title and adoption.
On motion of Commissioner Kennedy, seconded by Commissioner Plummer, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10519.
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. Waters: Thank you.
19. SECOND READING ORDINANCE: Amend zoning atlas by changing the designation
at approximately N.W. 7th and 8th Streets, between N.W. 3rd Court and
4th Avenue from RG-2/6 to CR-1/6.
---------------------------------------------------------------------
Mayor Suarez: PZ-18, companion item. I'll entertain a motion on it.
Mrs. Kennedy: Move it.
Mayor Suarez: Moved.
Mr. Plummer: Second.
Mayor Suarez: Seconded. Read the ordinance. Call the roll.
31 November 17, 1986
2
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 GENERALLY DESCRIBED AS THE BLOCK BOUNDED BY
NORTHWEST 7TH AND 8TH STREETS, AND NORTHWEST 3RD COURT
AND 4TH AVENUE, FROM RG 2/6 GENERAL RESIDENTIAL TO CR-
1/6 COMMERCIAL RESIDENTIAL (MORE PARTICULARLY
DESCRIBED HEREIN); MAKING FINDINGS; AND BY MAKING ALL
THE NECESSARY CHANGES ON PAGE NO. 23 OF SAID ZONING
ATLAS.
Passed on its first reading by title at the meeting of October 27,
1988„ was taken up for its second and final reading by title and adoption.
On motion of Commissioner Kennedy, seconded by Commissioner Plummer, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10520.
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.
------------------------------------------------------------------------------
20. SECOND READING ORDINANCE: establishing appropriations for capital
improvements.
Mayor Suarez: PZ-19. David.
Mr. Dave Whittington: Dave Whittington...
Mr. Plummer: Mr. Mayor, I asked that this item be modified and it's not been
modified that we establish this in principle...
Mr. Sergio Rodriguez: No, this...
Mr. Plummer: ... so that everyone of the items has to come back before us.
Mr. Rodriguez: You approved that already before which is the capital
improvement program. What you have here before you today is the ordinance
that implements that program.
Mr. Whittington: First, you...
Mr. Rodriguez: This is the second reading.
Mr. Plummer: I understand but we modified it in the first reading and it's
not been modified here. The modification was that everyone of the items has
to be brought back before this City Commission.
Mayor Suarez: If we made the modification in the plan itself, would we not
want to make it in the ordinance also? The appropriations ordinance? Or are
you saying that the appropriations ordinance only would apply as to items that
we have, in fact, taken one on specifically and approved?
Mr. Rodriguez: Right.
32 November 17, 1988
Mayor Suarez: For the current year.
Mr. Rodriguez: The appropriation ordinance is for the current year so you
have the funding available. Then, before you can have any items brought
before you in the future...
Mayor Suarez: Oh, it's a generic appropriations ordinance.
Mr. Rodriguez: Right and it includes the specific items. Anytime in the
future that you have any item to come before you to be approved for any
bidding or whatever, you have to approve it.
Mr. Plummer: Yes, but.
Mayor Suarez: Well, we can put a proviso here just to clarify for his...
Mr. Rodriguez: Yes, put a proviso, sure. It's appropriation.
Mr. Plummer: Yes, but the problem - let me tell you where the problem is, OK?
We do this in a blanket thing. Listen to me well here now. Then, what staff
does is take an attitude that they have a free hand to do any of this that
they want and that's where we get out of left field. When all of these things
happen and staff has been working on them then we read about them in the
paper, we catch hell and we don't know where it came from and the staff always
comes back and points to the - well, you approved it when you approved the
capital improvement. I'm saying that in the future, before you spend any
money to start doing any of these, you get them approved by this Commission.
We might be saving you a lot of time, effort, and money. That what this
Commission is asking you to do is before you ever start on one of these
projects, you come to this Commission at that time and ask us our opinion.
Hopefully, we'll agree with you. But in some cases, I can tell you that a lot
of effort, money and time has been spent wastefully because when it got to
this Commission, we turned it down. All I'm asking is that this be modified
to the extent that before any of these projects are lifted off of the ground,
when funding becomes available, that it does so with the approval of this
Commission. That's all I'm asking.
Mr. Rodriguez: There's no problem with that. I want to...
Mr. Plummer: There's no problem if you'll do it, but in the past it has not
been done.
Mr. Rodriguez: No, no, I want to make you aware that each time that you have
an item before you that come for bids, has a section over there in which we
sign off saying that is in the capital improvement program it comes before you
for approval in each case.
Mr'. Plummer: It's not the point, I want it before then, OK? I want it...
Mr. Rodriguez: You have it...
Mr. Plummer: I want it prior to that point that says before you start lifting
a project off the ground, you come back before this Commission and say, we are
now prepared and have funding to proceed on project X.
Mr. Fernandez: Yes...
Mr. Plummer: Does the City Commission wish us to proceed or no?
Mr. Fernandez: Mr. Plummer.
Mr. Plummer: Sir.
Mr. Fernandez: I think we can achieve what you want if you look at page 26 of
that item, on section 4 which is in the body of the ordinance that is in front
of you today for second reading, if we insert the words, immediately - this is
on page 26 of that item, section 4.
Mr. Plummer: Go ahead, I'll listen.
Mr. Fernandez: Item 19. If we insert there the words, City Manager, upon
approval of City Commission, is hereby authorized to invite or advertise bids
33 November 17, 1988
for the purchase of any material equipment or physical improvement embraced in
the aforementioned appropriations of which may be provided for in accordance
with the authority of section 2 for which formal bidding is required, such
bids to be returnable to the City Commission or City Manager in accordance
with charter or code provisions. The language that we're adding is
immediately after, the City Manager, upon approval of City Commission, which
means that even before they go out, they must come to you.
Mr. Plummer: That's fine. That's fine, but it's not in there.
Mr. Fernandez: OK, well, then, we need to make sure that everyone understands
that that would be amending in second reading.
Mr. Plummer: Modify it any way that it needs but that's what I'm trying to
accomplish. With that understanding, I'll move it.
Mrs. Kennedy: And it's page 27, not 26.
Mr. Plummer: You moved it?
Mrs. Kennedy: No, no, no. I'm just correcting pages.
Mr. Plummer: I'll move it.
Mrs. Kennedy: Second.
Mr. Dawkins: Second. I'll move it with the provision that Commissioner
Plummer has stated.
Mr. Plummer: As modified.
Mr. Dawkins: OK, second.
Mr. Plummer: You got to read the... is it an ordinance? Yes.
Mrs. Kennedy: Yes. Read the ordinance. Call the roll.
AN ORDINANCE -
AN ORDINANCE ESTABLISHING APPROPRIATIONS FOR CITY OF
MIAMI CAPITAL IMPROVEMENTS; CONTINUING AND REVISING
PREVIOUSLY APPROVED SCHEDULED CAPITAL IMPROVEMENT
PROJECTS, ESTABLISHING NEW CAPITAL IMPROVEMENT
PROJECTS TO BEGIN DURING FISCAL YEAR 1988-89;
CONDITIONALLY REPEALING PROVISIONS OF ORDINANCE NO.
10347, AS AMENDED, THE 1987-1988 CAPITAL IMPROVEMENT
APPROPRIATIONS ORDINANCE; AND PROVIDING CONDITIONS,
AUTHORIZATIONS AND DIRECTIONS TO THE CITY MANAGER AND
CITY CLERK.
Passed on its first reading by title at the meeting of October 27,
1988 „ was taken up for its second and final reading by title and adoption.
_ On motion of Commissioner Plummer, seconded by Commissioner Dawkins, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10521.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
34 November 17, 1908
4
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: Yes, as modified.
COMMENTS MADE FOLLOWING ROLL CALL:
Mr. Rodriguez: Mr. Mayor...
Mrs. Kennedy: Twenty.
Mayor Suarez: PZ-20.
Mr. Rodriguez: ... in relation to item 17 and 18, PZ-17 and 18, could we
clarify, for the record, that the right description of the property is between
Third Court and 4th Avenue as compared to 3rd Avenue and 4th Avenue.
Mayor Suarez: Thank you and that's inserted into the record as a correction.
21. FIRST READING ORDINANCE: Amend zoning atlas change by eliminating the
HC-1 (Historic Conservation), removing the historic designation and
retaining the SPI-2 at approximately 3035 Grand Avenue.
Mayor Suarez: PZ-20.
Mr. Plummer: Oh.
Ms. Sarah Eaton: The Planning Department is requesting that the HC-1 zoning
overlay be removed from this property, the historic building...
Mr. Plummer: So move.
Mr. Dawkins: Second.
Mayor Suarez: So moved. Do we have anyone that wishes to be heard against
this? Let the record reflect no one stepped forward. We have a motion and a
second. Any discussion? Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, TO REMOVE THE HC-1; GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT FROM PROPERTY
LOCATED APPROXIMATELY 3035 GRAND AVENUE, COCONUT
GROVE, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN);
MAKING FINDINGS; AND MAKING ALL NECESSARY CHANGES ON
PAGE NUMBER 46 OF SAID ZONING ATLAS.
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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
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.
35 November 17, 1988
2
NOTE FOR THE RECORD: At this point, agenda item FZ-21 is continued to
the Commission Meeting of December 15, 1988.
-------------------------------------------------------------------------------
22. DESIGNATE COMMITTEE OF ONE FOR DONATION OF HEAVY SURPLUS EQUIPMENT TO
HAITI.
Mr. Dawkins: Mr. Mayor, I have two pocket items if whenever.
Mr. Rodriguez: At 11:00 o'clock you have the consent agenda.
Mayor Suarez: OK, this is as good a time as any. Commissioner Dawkins, if
you have an emergency item.
Mr. Dawkins: I have two. Mr. Mayor, I passed out a list to each of you. I
thought that it would be a good gesture if this Commission took the lead in
providing some surplus equipment to Haiti. Now, we've been sending it to our
Sister Cities and what have you, but I've had them identify some materials and
I asked that individuals come because I don't want us to designate something
for the Haiti that may not be of any assistance. So, there's a list you'll
see here of some things the Fire Department is surplus and also some things
from the county, I mean from the trucking department. But the Chief and I
have spoken so I wish he'd come to the mike and tell me of these things that
we have here in his professional opinion, not having gone... now, we want
everybody to understand, none of us has gone down there, the Chief is speaking
strictly as a professional, not as an expert on nothing that's needed down
there or what have you. But I asked him to tell us professionally what he
think on this list they could use and what they can't use in Haiti.
Mayor Suarez: Chief.
Colonel Duke: Colonel Duke, Fire Chief. Responding to your request for a
list of the surplus items that we may have in the Fire Department that may be
of some value to Haiti, this was what we were able to glean from what we've
got on hand. Not knowing what their water supply situation is down there, not
knowing what their roads are down there or what their Fire Department even
looks like, these are items that may have little value or no value depending
on what their needs are. First off, the old life nets, these life nets may
have nothing but historical value because of the number of individuals that it
takes to use them and the safety requirements of them. Assorted nozzles, if
they don't have our kind hose, our nozzles would be of absolutely no use to
them at all. We've got some four way valves which are very popular here in
the United States, but, again, if their hydrants aren't compatible to ours,
they're, you know, of no value at all. We've come up with some ladder belts
that may be of value. They are something that are kind of generic in their
use, they're used for prying, pulling and so forth. They may have some value.
Mr. Dawkins: OK.
Chief Duke: We've got about 75 of those we've identified. They've outlived
their usefulness here, we can't use them for safety purposes, of course.
We've identified two vehicles that just recently, as recently as yesterday,
based on your request, we've got one flat bed truck that we were trying to do
something with for our museum. The museum people are telling me that they
probably will not be able to use it. This is an item that we need to look at,
further evaluate and, again, I don't know what their roads are down there and
what their requirements are. This is a flat bed truck, it's old, it needs a
lot of work, it's one that was going to be restored by our historical
committee and it really hasn't been done yet...
Mr. Dawkins: Well, that's out.
Chief Duke: ... so it needs some work. The hundred foot aerial, we've got a
1973 Peter Persh which at one time was an excellent piece of equipment but
this apparatus has a damaged fly section and we've...
36 November 17, 1988
0
Mr, Dawkins: A damaged what, sir?
Chief Duke: A damaged fly section, the aerial that goes up, that raises. So
It wouldn't have any use as an aerial the way it is right now.
Mr. Dawkins: But it would help them on a local...
Chief Duke: If...
Mr. Dawkins: ... put out single family homes. They could put that out.
Chief Duke: If they were able to take the aerial off of it and use it for
something like that, it may have some value.
Mr. Plummer: The biggest problem you'd have with that piece of apparatus that
if it goes out of the port here, a hundred foot long apparatus, they just, I
don't think, even have containers for them. You probably have to take it to
another port.
Mr. Dawkins: OK.
Chief Duke: Well, the length of the apparatus would probably be only about 40
foot or thereabouts, but it's the hundred foot capability with the aerial, but
the aerial is non existent, it doesn't work.
Mr. Plummer: Well, the problem, you know, and I come on the based on an
experience of the Sister City programs, is that you reach a point where the
cost of shipping these things down comes to a point of exceeding what the
actual value of them are, but go ahead.
Chief Duke: But that particular aerial from being down in Santo Domingo, I
don't know that it would have any value for that particular area the way it
is. But it is a vehicle that is capable of running. With some modifications,
it might be able to be used for a water hauler or something like that. So it
may, you know, it might help along those lines but I don't know what it would
cost to do that. As far as the rest of it, we've got a few uniform shirts and
trousers and shoes that have been turned in. Again, they're minor numbers.
We're looking at, hopefully, we'll be able to do something with some of those
locally for the homeless.
Mr. Dawkins: OK, then the other thing is we have a school bus, we got six 25
yard garbage packers. We got four 20 yard garbage packers, we've got five
dump trucks, and we have other assorted. Mr. Williams, what of this stuff do
you think they might be able to use down there, sir?
Mr. Ron Williams: Commissioner, kind of echoing the Chief's position, not
being totally familiar...
Mr. Dawkins: OK, thank you. Then that's all right, I don't need to hear it
twice. Thank you.
Mr. Williams: Well, if...
Mr. Dawkins: No, I mean, you echoed his thing so I don't need to hear it.
Mr. Williams: Well, I don't want to completely echo it. I want to...
Mr. Dawkins: OK, well then, all right, then thank you.
Mr. Williams: I want to share some of his thoughts and give a few of my own
if I may please.
Mayor Suarez: Want a voice, not an echo.
Mr. Williams: Most of this equipment, Commissioner, should be functional
contingent upon the establishment of some kind of replacement parts pipeline.
If we're able to put in place in terms of an assistance program a mechanism by
which replacement parts could be found within the U.S., most of this equipment
should be functional.
37 November 17, 1980
4 IP
Mr. Dawkins: CK, thank you. All right, I'd like to move that I become a
committee of one, if necessary, or how many and let the government know that
we have this available and as J. L. said, nothing would be better, serve me
better than the Mayor and I to sit down with the new President. Bush and tell
him we need some federal transportation to get this down there. But I would
be like to be made a commission of one to see what they need and once I
contact them, then I will be coming back to the Commission asking that Mr.
Duke, Mr. Williams, and maybe Mr. Ingraham go down as representatives of the
City to see how we can meet their needs and the second part of that motion
would be that this Commission commission me to go before Dade County, City of
Miami Beach, Coral Gables, and Hialeah to ask them what surplus heavy
equipment they have and then we compile a list and tell them it is available.
Mayor Suarez: So moved. I think the chairman of the International Trade
Board and the chairman of the Sister Cities program should both travel to
Haiti and...
Mr. Plummer: Mr. Mayor, I would like to go a little further and that is to
give Commissioner Dawkins the authority, at this time, to approve any of the
Items herein listed for immediate transfer upon his designating that they
would be helpful. I don't think it should have to be that it comes back
before this Commission. If they need it and he sees that it's there, let him
so designate and I would like the motion to include that he has the right to
move this stuff immediately.
Mayor Suarez: OK, so amended. Do we have a second? Are you seconding it, in
effect?
Mr. Plummer: Yes, fine.
Mayor Suarez: Call the roll on the motion.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-1088
A RESOLUTION, WITH ATTACHMENTS, APPOINTING
COMMISSIONER MILLER J. DAWKINS AS A CITY COMMISSION
COMMITTEE OF ONE IN CONNECTION WITH ITEMS OF SURPLUS
CITY OF MIAMI EQUIPMENT THAT CAN BE MEANINGFULLY
DONATED TO HAITI FROM AMONG THE ITEMS APPEARING ON THE
ATTACHED SCHEDULES WHICH ITEMS ARE DECLARED AS
CATEGORY "A" STOCK; AUTHORIZING COMMISSIONER DAWKINS
TO IMMEDIATELY APPROVE THE ITEMS LISTED AS CITY OF
MIAMI SURPLUS TO BE DONATED; FURTHER DIRECTING THAT
SAID COMMITTEE CONTACT THE FEDERAL GOVERNMENT TO
REQUEST ASSISTANCE IN TRANSPORTING SAID EQUIPMENT TO
HAITI; FURTHER DESIGNATING DEPARTMENT OF FIRE, RESCUE,
AND INSPECTION SERVICES DIRECTOR, COLONEL DUKE,
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION
DIRECTOR, RON E. WILLIAMS, AND DEPARTMENT OF SOLID
WASTE DIRECTOR, JOSEPH INGRAHAM, AS THE
REPRESENTATIVES OF THE CITY OF MIAMI WHO WILL TRAVEL
TO HAITI TO ASCERTAIN WHAT EQUIPMENT WILL BEST SERVE
SAID COUNTRY; FURTHER DESIGNATING COMMISSIONER DAWKINS
AS THE CITY'S REPRESENTATIVE TO APPEAR BEFORE
METROPOLITAN DADE COUNTY, THE CITY OF MIAMI BEACH, THE
CITY OF CORAL GABLES AND CITY OF HIALEAH TO REQUEST
DONATION OF THEIR SURPLUS HEAVY EQUIPMENT FOR THE
AFOREMENTIONED PURPOSE.
(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:
38 November 17, 1986
It
0
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
23, EMERGENCY ORDINANCE: Amend Ordinance 10406 (creating Wynwood Local
Government Neighborhood Improvement District) change northern boundary
of district from N.W. 36th Street to U.S. I-95 and provide authorization
for said improvement district to levy ad valorem tax on real/personal
property, if approved by Commission.
Mr. Dawkins: I have one more, we have the godfather of the Wynwood area here.
Would you come down, sir?
Mr. Plummer: He doesn't even look like a fairy godmother.
Mr. Dawkins: We have a problem with the designation of the safe structure
neighborhood or something. What's the problem, Mr. Rios?
Mr. Bill Rios: My name is Bill Rios, I'm the executive director of the
Wynwood Community Economic Development Corporation.
Mr. Dawkins: And I would not have brought this as an emergency but he's going
to explain to us why it's necessary to be an emergency.
Mr. Rios: OK, orig...
Mr. Dawkins: And make it short, please.
Mr. Rios: It was very short. We originally sent up an application to the
state to apply for safe neighborhood funding grant. In the application, they
requested that we send up an ordinance where we specify the area and in that
ordinance we had to include certain language. That language was omitted from
the first ordinance and we are now...
Mayor Suarez: Can we pass the revisions as an emergency ordinance?
Mr. Plummer: What are the revisions?
Mr. Rios: This was passed along to all of you...
Mayor Suarez: Just legislative requirements, what are they just roughly?
Mr. Dawkins: Did you give them to the Law Department?
Mr. Rios: Yes, I did.
Mr. Dawkins: Law Department...
Mayor Suarez: Do we know what those revisions are? Are they substantive, are
they problematic?
Mr. Plummer: Have you all seen these revisions?
Mr. Jorge Fernandez: Yes.
Mr. Plummer: They're in order?
Mr. Fernandez: Yes.
Mr. Plummer: Move it.
Mayor Suarez: Moved.
39 November 17, 1988
4
Mr. Dawkins: Second.
Mayor Suarez: Seconded. As an emergency ordinance, the nature of the
emergency obviously is that....
Mr. Plummer: To get rid of Emilio Lopez.
Mayor Suarez: We have to have the submission as soon as possible to the
legislature presumably. Call the roll.
Mr. Plummer: That isn't a good reason for an emergency.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY
TITLE ONLY.
Mr. Fernandez: Two votes.
Mr. Plummer: Question. Up to two mills in ad valorem, is that outside of the
ten mill?
Mr. Rios: No, it is not.
Mr. Plummer: No, no, no.
Mr. Rios: Oh, I'm sorry.
Mr. Fernandez: No, it is not.
Mr. Plummer: That is within the ten mills?
Mr. Fernandez: Yes.
Mr. Plummer: Ah wait, wait, whoa, whoa. Is that within the ten mills or out
of the ten mills?
Bob Clark, Esq.: It's within the ten mills.
Mr. Plummer: That means that they would have the right to designate those two
mills as opposed to the City Commission?
Mr. Clark: You are the one who will designate whether or not that measure,
that's an alternative measure, you can do it by special assessment or you can
do it by ad valorem. The...
Mr. Dawkins: You didn't answer the question, sir.
Mr. Clark: The answer is the City Commission is the only one that can come up
with and impose that two mill that you're speaking about.
Mr. Dawkins: But if we impose - I mean, I think, I hear one thing and I hear
another answer.
Mr. Plummer: We're opposing it now.
Mr. Clark: I know.
Mr. Dawkins: If we impose it and give the right, does that give the
organization an exclusive right to determine what happens to the money or does
the City of Miami Commission retain the exclusive right to determine what
happens to the money?
Mr. Clark: The City of Miami Commission retains that right, you are the board
of directors of the district that you are creating.
40 November 17, 1988
Mr. Plummer: That'a not the point. The point is that it's within the ten
mill cap and we are at maximum now damn near ten. Now, this City needs every
penny it gets today to do the things that are necessary and really don't have
all the money that we need. Nov, this is not like a DDA where it is outside
of the ten. This is inside of the ten and 1 am seriously questioning what is
the difference. Let hypothetically run through this. If they were to be
given the right of those two mills, we agree to allow them to assess, are we,
the Commission, going to designate every one of those dollars?
Mr. Clark: Yes.
Mr. Plummer: But what has been accomplished?
Mr. Rios: The only thing that is accomplished with this is that the language
Is in the ordinance as prescribed by the legislation from the State, number
one. This provision is to accommodate those areas that are now within
enterprise zones. The area we are designating as a safe neighborhood
improvement district is within an enterprise zone and has additional relief
for the implementation of the projects from additional parts of the
legislation. It would not apply in the case of Wynwood. We would never use
the millage and you would always retain the right to designate that we use,
not use, or...
Mr. Dawkins: Hey, the Law Department needs to listen to this because I may
ask you for an interpretation, please. I'm sorry, sir.
Mr. Rios: Under no circumstances will this district utilize millage and if it
were to decide to it, it would be decided by yourself, sir. It would never be
decided by the district.
Mr. Plummer: It's decided as to whether or not the two mills would be
imposed. Is this City going to commission going to regulate every one of the
dollars once it's imposed?
Mr. Rios: Yes, sir.
Mr. Clark: Yes, sir.
Mr. Plummer: Well, I don't see anything being accomplished. I mean, what
difference does it make?
Mr. Rios: Well, if I may, the State, the Department of Community Affairs puts
out this legislation. We sent up an application. The application was
deficient in that it did not have the language saying that this millage, this
ad valorem tax would be utilized for implementation, if by an extraordinary
vote of the City Commission. That's all they wanted in there.
Mr. Plummer: What is it, you are applying for a grant?
Mr. Rios: We are applying for a grant.
Mr. Plummer: And how much would that grant potentially be?
Mr. Rios: For $560,000 cumulative effort. The actual grant from the State
would be $280,000.
Mr. Plummer: And who would have the right of say where that money goes?
Mr. Rios: That goes to the City of Miami and to the Wynwood Community
Development Corporation as a joint applicant.
Mr. Plummer: And we retain approval over all of those monies?
Mr. Rios: No, not all of it, just the portion that you matched with in -kind
services. The Wynwood Community Development Corporation matched a certain
portion and the City matched a certain portion and that's how we came up to
the $280,000.
Mr. Plummer: Where is the City going to get, let's say, is it $180,000 or
$280,0007
Mr. Rios: It's $280,000.
41 November 17, 1988
0
Mr. Plummer: Where is the City going to get the $280,000 to match?
Mr. Rios: That's in -kind services.
Mr. Plummer: It's dollars!
Mr. Rios: Well, it is services that are already being utilized within the
process to assist Wynwood in its normal operating functions.
Mr. Dawkins: You know, I'm like J.L. At no time did anybody tell me that
this was going to be paid for with ad valorem taxes.
Mr. Rios: No, it is not, absolutely not, 100 percent not.
Mr. Dawkins: Well, it says to provide authorization for the Wynwood local
government to levy an ad valorem tax on real and personal property up to two
mills, annually.
Mr. Rios: If approved by an extraordinary vote of the City Commission.
Mr. Plummer: Well, we understand that, but I... if what I hear you say that
this is the language that is required, to get a grant of the five hundred
sixty thousand eight, whatever it is, then I understand that, but I'm
concerned in two areas, one, if this Commission ever were to approve it,
second of all, where is the City going to get the $280,000 to match it, if we
come back and tell you that we don't have any money.
Mr. Rios: Our application with regard to the match has already been
justified. That part of the grant has already been accepted by the State.
Mr. Plummer: The State be damned! You know, they don't care about this City,
or any city, all right? We're fighting right now to try to get them when they
mandate a program that they also provide the revenue. They are not doing it
and never have done it, even though they voted last year to do it, they still
approved 293 projects that they didn't provide the funding. I am concerned, I
need to hear from the Administration. Mr. Manager, that if this grant is
successful, where are you going to get the $280,000 to match it in -kind, out
of kind, it's dollars.
Mr. Odio: I cannot answer that. I have to look at what they want for us to
do. This is the first I heard of it.
Mr. Plummer: Yes, but you see, let me tell you what happens. This grant is
approved. They come back here. You say I don't have the money. Then this
City is the bad buy, because we didn't match the grant that they couldn't get
because we didn't match it. I want to know now!
Mr. Odio: Well, I don't have $280,000.
Mr. Joe McManus: Mr. Commissioner., the local match, approximately $280,000,
is provided in -kind services from the Planning Department budget and the
monies... yes, sir.
Mr. Plummer: Oh, you got the money set aside in your budget?
Mr. McManus: It's in our budget.
Mr. Plummer: For Wynwood.
Mr. Dawkins: All right, well now, if...
Mr. Plummer: For Wynwood?
Mr. Dawkins: For Wynwood.
Mr. McManus: Let me explain, sir. We have...
Mr. Plummer: No, no, my question could be answered Joe, very simply, yes, or
no.
Mr. McManus: Yes.
42 November 17, 1988
.4
Mr. Plummer: OK, for Wynwood, OK, that's what I needed to know.
Mr. Dawkins: OK, now, let me ask a question now, because I want to be sure
that what J.L. just asked is true, OK? Now, Wynwood and Coconut Grove are the
areas that get the least. Ncw, you are making a promise to the Wynwood
community that when this is done, they are entitled to two mills of the ad
valorem taxes to do what has to be done out. here.
Mr. Plummer: No, that's not true. No, what they are entitled to do, if they
get the grant, is to have the City match the grant. Now, my area of concern
there, is that this City does not control all of that money.
Mr. Dawkins: That's not my problem.
Mayor Suarez: His area of concern has to do with the wording that would allow
us...
Mr. Plummer: That's only if the Commission approves it.
Mayor Suarez: Yes.
Mr. Dawkins: See, but my problem is, this here that says that we will improve
it and give them ad valorem taxes on real property and you are going to allow
them to establish this and when the money is not here, the Wynwood community
is going to come down here and say, you did it to us againl
Mr. Plummer: Yes, well, that was the other concern.
Mr. Dawkins: I mean, so if you are telling me and the Wynwood community that
you got $280,000 plus whatever else may come up out there to do this, then you
got me.
Mr. McManus: Commissioner, with the $280,000 local match is provided, out of
the Planning Department budget, for salaries, for planners who are working in
Wynwood and also for funding that this Commission has provided to the Wynwood
community based organization, the Wynwood Economic Development Corporation.
Mr. Dawkins: Let me ask the Manager one question. Mr. Manager, you have been
cutting off people, laying off people, saying that you are streamlining your
department in order to save money, but now you've got $280,000 worth of
services that hinged on a program that has not been funded, but all of a
sudden you can find $280,000 to fund it.
Mr. Odio: That's not what he said, Commissioner. That's not what he said,
Commissioner.
Mayor Suarez: What did he say, then?
Mr. Odio: It's already in the regular budget that you approved. They have
planners in their department assigned to Wynwood. It is not in addition to
what they now have.
Mr. Dawkins: OK, but you see, we get, and I have to go back with Commissioner
De Yurre.
Mr. Odio: It's in the budget that...
Mr. Dawkins: Commissioner De Yurre said that's fat in your budget, so all
right, that's all.
Mr. Odio: It's in the budget, that's what he is saying, that has planners
assigned in his budget to...
Mr. Plummer: OK, the area that I still got a concern. The $280,000 that you
get from the State, this Commission has no approval over?
Mr. Rios: The $280,000 are to develop a plan to provide criminal and
defensible space efforts for the area of Wynwood. Once that plan is prepared,
it goes back to the City Commission after public hearings in the community for
approval by the City Commission.
43 November 17, 1988
A 0
Mayor Suarez: We have one final shot of approving it7
Mr. Rios: Yes, you are the board of directors. You don't have one final
shot. I will come back to the board, you know, with a draft and then you
approve the draft and if there are any changes, we will come back to you after
you've made any changes.
Mr. Dawkins: Let me make myself clear, Mr. Mayor. I don't have any problems
with this. I have a problem with us making a promise that we don't keep.
That's my only concern.
Mayor Suarez: And to clarify to the Wynwood community that the fact that.
we're putting wording in about an extra two mills does not in any way imply
that the citizens of that area could afford to pay the extra two mills, nor
that. this Commission would ever approve of any plans to increase the millage
rate over there. We're complying with State law and please convey that
message, because if people come back here and have all kinds of grandiose
plans to use two mills that we cannot afford to impose, just because we have
authority to, we want to clarify that and Commissioner Plummer's concern about
the issue of the match and the match is in -kind, we have figured out an
ingenious way of doing it in -kind, and the State accepts that, God bless them,
but if the $280,000 is obtained from the State and they later don't like this
business of in -kind, or whatever don't approve it, we could have a problem,
and we've had that happen in the past Bill, and maybe you weren't around for
it, but hopefully this time we will be able to do it with existing resources
of our Planning Department, which happens to be allocated to Wynwood, OK?
Mr. Rios: Mr. Mayor...
Mayor Suarez: Well, at your own risk.
Mr. Rios: At my own risk. There are two additional comments. One is,
Wynwood is in a particularly unique situation, in that it will not have to go
with the two mills in that it is in an enterprise zone and qualifies for
additional funding from the State. That's why we won't be using it.
Mayor Suarez: Great. OK, we have a motion on this, and a second? We've read
it, we've moved the item, the amendment of the ordinance, and it has been read
already.
Mr. Plummer: One further clarification. That two mill, if ever applied,
which God forbid that it would, would apply to all of the people of Wynwood,
residents as well as commercial?
Mr. Rios: Within the district, yes, sir.
Mr. Plummer: Once again the State of Florida is trying to treat Dade County
and the City of Miami like they do Mt. Dora with 6,000 people that has a
millage of two.
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10406,
ADOPTED MARCH 24, 1988, AN ORDINANCE CREATING THE
WYNWOOD LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT
DISTRICT, A SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT, BY
CHANGING THE NORTHERN BOUNDARY OF THE DISTRICT FROM
N.W. 36 STREET TO U.S. INTERSTATE 195; AND BY
PROVIDING AUTHORIZATION FOR THE WYNWOOD LOCAL
GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT TO LEVY
AN AD VALOREM TAX ON REAL AND PERSONAL PROPERTY OF UP
TO TWO MILLS ANNUALLY, IF APPROVED BY AN EXTRAORDINARY
VOTE OF THE CITY COMMISSION, ACTING IN THEIR CAPACITY
AS THE BOARD OF DIRECTORS OF THE DISTRICT; FURTHER BY
AUTHORIZING DISTRICT USE OF SPECIAL ASSESSMENTS
PURSUANT TO CHAPTER 170, FLORIDA STATUTES; CONTAINING
A REPEALER PROVISION AND PROVIDING A SEVERABILITY
CLAUSE.
44 November 17, 1988
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Dawkins, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None. U
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10522.
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 FIRST ROLL CALL:
Mr. Plummer: With all the safeguards in the record that we have so announced
today, I vote yes.
24. ZAMINCO FREEDOM TOWER, INC.: Authorize and execute issuance of a
revocable permit for temporary lighting structure to illuminate Freedom
Tower.
Mrs. Kennedy: Mr. Mayor, I have two pocket items. One is to grant revocable
permit to Zaminco Inc. so they can light up the Freedom Tower on Monday night,
and the resolution reads:
"A Resolution with attachments, authorizing the City's issuance of
a revocable permit, in substantially the form attached, to Zaminco
Freedom Tower, Inc., for a temporary lighting structure to
illuminate the Freedom Tower in the City of Miami; and further
authorizing the City Manager to execute such revocable permit."
Mr. Plummer: Second.
Mr. Dawkins: Under discussion. Mr. Manager, what's your recommendation?
Mr. Odio: Yes, sir, I recommend this.
Mr. Dawkins: Thank you.
Mr. Plummer: Well, I'd like that wording to say, revocable by the City
Manager and/or the Commission.
Mrs. Kennedy: I have no problem. OK, call the roll.
45 November 17, 1988
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-1089
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY'S
ISSUANCE OF A REVOCABLE PERMIT, IN SUBSTANTIALLY THE
FORM ATTACHED, TO ZAMINCO FREEDOM TOWER, INC.
("PERMITTEE"), FOR A TEMPORARY LIGHTING STRUCTURE TO
ILLUMINATE THE FREEDOM TOWER IN THE CITY OF MIAMI; AND
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH
REVOCABLE PERMIT AND AUTHORIZING ITS REVOCATION BY THE
CITY MANAGER OR 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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
NOES: None.
ABSENT: Mayor Xavier L. Suarez
25. HISTORIC DORSEY HOUSE: Grant request to representatives of Black
Archives for matching funds to acquire said facility and rehabilitate
same subject to Manager identifying source of funds.
------------------------------------------------------------------------------
Mrs. Kennedy: The other thing, I would like to call on Dorothy Fields to talk
about the Dorsey House. They have some funds from the County to acquire the
lot and to stabilize the Dorsey House and she needs some City matching funds.
Ms. Comeda Cash Russell: Good morning. Honorable Mayor and Commissioners, my
name is Comeda Cash Russell. My address is 5701 NE 3rd Avenue. I am the
chairman of the board of Black Archives History and Research Foundation of
South Florida, Inc., and our foundation was incorporated on November 17, 1977
and this is our birthday date. Six months ago, one of Miami's historic sites,
the D. A. Dorsey House, located at 250 NW 9th Street, Overtown, was in danger
of becoming a crack house. Mr. Mayor, you and the Commissioners provided the
opportunity for the Black Archives Foundation to plan for the rehabilitation
and reuse of this historic site for the benefit of the citizens of Miami. Let
me briefly recount the significance of this site. This structure was the
family house of Dana Albert Dorsey, a black pioneer business man. Dorsey came
to Miami in 1896 with the railroad. He opened a dry good's store on Avenue
G. He used his influence as a business man and property owner to make
significant contributions to the community. D. A. Dorsey provided land for a
park, a school and a hotel and a library, all of which bear his name. Built
in 1913, the Dorsey House is on the City of Miami's list of historic sites.
It is one of the few sites in Overtown which qualifies for a nomination of the
National Register of Historic Places. We are here today to give you our
report. The report is in two parts, one an update of activities and two
budget requests. With the help of the this Commission, the D. A. Dorsey,
which is located in the front door of the Miami Arena will benefit the
community. I have asked Dorothy Fields to give the report. Thank you.
Ms. Dorothy Fields: Let me start off with the update. Dorothy Fields, 5337
NW 29th Court, founder and chief archivist of the Black Archives. Historic
Dorsey House, as was said, is on the list of historic sites for the City of
Miami. The house has been donated to the Black Archives of South Florida, so
our organization now owns it. Plans are being made to complete the following
steps within the next 18 months, acquire the lot on which the house is
located, stabilize the structure and bring it up to code, rehabilitate,
restore the structure for reuse as a welcome center on the first floor and
rental office space on the second floor. Funds generated after the
46 November 17, 1988
4P 0
rehabilitation is completed, funds generated through the welcome center and
office space rental will be reinvested to maintain and operate the structure.
Jobs and training and construction in related areas will be generated in
conjunction with the rehabilitation and restoration process. We have money
from the County to acquire the lot and to begin the restoration process and
that is $66,000, and so we are asking the City of Miami to match that $66,000
so that we can go ahead with Phase I of this project. Again, it is in the
front door of the Miami Arena. We are very proud of that area of what it once
was and what it can be again as it relates to the market place and so this is
our request at this time.
Mr. Plummer: I guess we would move it at this time to send it to the Manager
to try to locate the funds. The Manager says he has no funds.
Mr. Dawkins: You know, that's right, but if it is moved, I am going to second
it because all last year I sat here and you all didn't have no funds and at
the end of the year all those projects that I voted against, when they came up
with all this money, they all knocked on my door and told me the Mayor was
right, you all had money. So I mean, if it is moved, I'm going to second it.
Mr. Plummer: I'll make a motion that we approve it subject to the Manager
finding the funds to do it.
Mr. Dawkins: Second.
Mr. Plummer: Mr. Manager, I would also make as a part of that motion that if
at any time that site is abandoned for more than six months and a day, it
reverts back to the City of Miami.
Mr. Dawkins: As the seconder, I'll accept that amendment.
Mayor Suarez: Anything further from the Commission? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-1090
A MOTION GRANTING REQUEST RECEIVED FROM
REPRESENTATIVES OF THE BLACK ARCHIVES HISTORY AND
RESEARCH FOUNDATION OF SOUTH FLORIDA, INC. TO ACQUIRE
THE HISTORIC DORSEY HOUSE (LOCATED AT 250 N.W. 9TH
STREET IN OVERTOWN) AND REHABILITATE THE SAME, SUBJECT
TO THE CITY MANAGER IDENTIFYING THE SOURCE OF FUNDS
AND MATCHING FUNDS SECURED FROM METROPOLITAN DADE
COUNTY; FURTHER INSTRUCTING THAT IF AT ANY TIME THAT
SITE IS ABANDONED FOR MORE THAN SIX MONTHS AND A DAY,
IT REVERTS BACK TO THE CITY OF MIAMI.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
47 November 17, 19$S
4
26. IMPACT FEES: Discussion concerning City's previous support to the Dade
League of Cities, Inc. position regarding Dade County Impact Fees and
encouraging area municipalities to opt -out of the County's proposed
impact fee ordinance if a determination is made that it would be in its
best interest.
Mr. Sergio Rodriguez: I would like to bring to your attention an item that
went before the County Commission on last Tuesday and that you asked me to
represent you in relation to impact fees.
Mayor Suarez: The impact fees? What was the action taken by the County
Commission?
Mr. Rodriguez: They deferred the item until December 6th, basically the...
Mayor Suarez: Why we would pass this resolution that calls for support or
something that we've already done?
Mr. Rodriguez: Because there was a position represented over there by Mayor
Raul Martinez that didn't have the full support of the Dade League of Cities
by which he said that they will be able to opt out if we...
Mayor Suarez: OK, let me ask the Commission. Is everyone familiar with the
opting out proposal of the impact fees? Do you want to support Mayor
Martinez' effort?
Mr. Rodriguez: It is a different position. Mayor Martinez' efforts is
different than what you have. That's what I want...
Mrs. Kennedy: What is it that you are asking us to approve, Sergio?
Mr. Dawkins: Yes, what is your recommendation?
Mr. Rodriguez: My recommendation is that you have sent a representation to
the Dade League of Cities with the position that you have so far presented and
approved as a policy in this Commission. If you want to follow Mayor
Martinez' recommendation, it means that you will have to have an ordinance in
the City of Miami that will be equal or more restrictive than the one in the
County. It means that the exemptions that you granted in the City will not be
applicable.
Mayor Suarez: OK, I would have a problem with that, because we built in
exemptions for affordable housing for City projects, for... right, and...
Mr. Rodriguez: In addition to that, we don't charge for County roads, which
is another difference that we have with the one in the City. In addition to
that, he is proposing a mini-MPO. MPO is composed of the members of the Board
of Commissioners, to make a decision on how the funds will be expended. In
the case of the ordinance as it is now before the County Commission, the City
of Miami is straddled across three of the six areas where the money will be
collected, and the money could be expended in the City of Miami all the way up
to the Broward County line and I don't think we have any control over where
the money will be spent.
Mayor Suarez: OK, but if we don't get to opt out, we won't control how the
money is spent either, on their position.
Mr. Rodriguez: Right. I think that the position that you have of opting out,
if you have an ordinance in place...
Mayor Suarez: A straight opt out provision.
Mr. Rodriguez: ... is the best position. The position as espoused by...
Mr. Plummer: Where is your resolution? OK, all right, I got it.
Mr. Rodriguez: It is the same as you had before.
48 November 17, 1968
4P 0
Mayor Suarez.: Let me add that Commissioner Larry linwkins proposed that: for
City projects of affordable housing which are our principal exemption that we
built into our ordinance that. he would be willing to propose a fund from the
County, from its resources that. would pay for any of those impact fees
applicable to those projects so that it would not be a problem for our
affordable housing projects to have the County in position. In other words,
it works out to about $897, roughly, per unit and the County would set up a
fund to pay for that in the case of affordable housing projects. That doesn't
make me want the ordinance, but I am just informing the Commission that I have
at least asked for that guarantee from one Commissioner. Whether it will pass
or not, I don't know, but we want to protect. these so that we don't have a
disincentive for people building affordable housing in the City of Miami.
Mr. Rodriguez: Also, remember that what he is talking about, is as it relates
to County fees, not to City fees.
Mayor Suarez: Absolutely, only as to their County impact fee, which basically
is to cover their arteries in the City of Miami.
Mr. Rodriguez: County roads.
Mayor Suarez: Which there aren't that many, from what I gather.
Mr. Rodriguez: Which is the point that I tried to... I was going to bring up
to them. We have about 83 percent of the roads in the City are controlled by
the City of Miami, and about six or seven percent are controlled by the
County, so we will be contributing money from the City's pocket to be used in
an area that may go as far up as Broward County line.
Mayor Suarez: And the other point to consider here is that we have been
assured, or we constantly are assured by the County that they are in position
on the City areas, the City regions of their impact fee is going to have a
negligible impact economically. When we pinned them down on what negligible
meant, it turned out to be almost $900 per unit and that doesn't sound
negligible to me, particularly on affordable housing projects, so I think this
Commission is on record as opposing, or wanting to opt out of the County -wide
ordinance and I don't know that we ought to change that, unless somebody has
to.
Mr. Rodriguez: There will be a meeting on the first of December of the Dade
League of Cities in which they will try to get a position of the board. My
impression is, because they are in a different situation than we are in the
City, there might be a movement in the Dade League of Cities of supporting the
proposal of Mayor Martinez.
Mayor Suarez: What does our representative to the League of Cities want to
do? Do you just want to stick to our resolution up to now?
Mr. Plummer: At this point, I would prefer to stick at our original position.
There is only one danger, Mr. Mayor. If you opt out, all of the provisions
which we built in in our particular ordinance have to be eliminated. That's
the problem. In other words, if they make the opt out policy available to the
cities, then they are going to mandate that the cities have to accept their
uniform across-the-board, for example, they will not opt out any housing,
affordable, any kind. No charitable organizations, no single family
residences...
Mayor Suarez: Well, wait, that sounds contradictory to me. If we are opted
out, then the only thing we have that applies to us is our own ordinance.
Mr. Plummer: No.
Mayor Suarez: And our own ordinance has those exemptions built in.
Mr. Plummer: That's home rule charter, they have the right to not minimum
standards.
Mayor Suarez: What you are saying is, if we try to opt out they will change
in effect, the effect of our ordinance.
Mr. Rodriguez: If we follow the option out proposed by Mayor Martinez, we
have to have an ordinance as a stringent...
49 November 17, 1988
Mayor Suarez: Oh no, no, right. That's why he was paying that he was against
the Martinez idea, but I would want a flat opt. out provision, which apparently
is not going to fly, but that's...
Mr. Rodriguez: Apparently the votes are not there to support that. position.
Mayor Suarez: Right, but that's been our stance, so whether we want to go to
a modified opt out, it doesn't sound like it is such a great idea for us at
this point.
Mr. Plummer: No.
Mayor Suarez: OK. We don't need to act on this because we've had a
resolution asking to opt out.
Mr. Plummer: And Commissioner Plummer will be representing, I guess, your
position before the Dade League of Cities and the County Commission on the
6th.
Mayor Suarez: Right.
27. A. Express concern to Insurance Commissioner for increase in Worker's
Compensation premiums.
B. Discussion concerning Bill Rios's efforts for the Wynwood community.
Mayor Suarez: Representative Elaine Bloom, did you have some good news for
us, some of that twenty-two billion dollars the State has budgeted?
Rep. Elaine Bloom: Thank you, Mr. Mayor, I'm just hoping that the good news
will all of ours and when you get done telling the Governor what you'd like to
see, the City of Miami has inserted into the next budget and when I get
through telling the Governor what I think we need to put into that.
Mayor Suarez: Then we will know if it is good news. Good to have you today.
Do you have any particular item?
Rep. Bloom: Yes, I do. I have an item that I believe is considered a pocket
item that Commissioner Dawkins' is going to do.
Mayor Suarez: OK, we'll get to it in a second, I guess.
Mr. Plummer: Actually, I am the representative to the league anyhow, so...
hopefully, not for long.
Mayor Suarez: It would be nice to have a quorum at this point.
Rep. Bloom: Very brief.
Mr. Plummer: Representative, let me take this opportunity not to badger you,
but as a private citizen, I am extremely concerned in the Workmen's Comp area.
I received notice yesterday that Workmen's Comp has been recommended to go up
to almost a 50 percent increase effective January 1. Mr. Manager? - where is
he? I wanted him to hear this. It is recommended that it almost be increased,
I don't remember, 47, 49 percent, by January 1, 1989. My insurance company,
in their benevolence, told me that they are only going to raise it 27.9
percent. I am saying to the Legislature, through you, and a relative of mine,
that they are damn near going to be putting people out of business. My
workman's comp, just to give you an example, for a very small firm and let me
say to you, in the history of my firm, we have had one claim against Workmen's
Comp for $200. My premium this year is $4,300 and January lot is going to
$5,600. A 30 percent increase. I would hope, and this is my own suggestion
or thought, that Workmen's Comp maybe should be considered on a basis as
Unemployment Comp is considered, and that is not blanket across industry, but
based on claims and I would hope that that could be in some way a formula
devised that the people who are abusing Workmen's Comp. by not having the
adequate built in provisions. If they have high claims, they pay them, but a
firm like mine who has had one claim in 50 years, you are killing me. I just
had to put that on the record, and I wanted to impart that to you.
50 November 17, 1980
4
Rep. Bloom: Commissioner Plummer....
Mayor Suarez: Representative... oh, I am sorry, go ahead, answer.
Rep. Bloom: May I respond in the some sense of being actually, I suppose, off
the record, so to speak, in terms of the fact that this is not an official
City of Miami position that you are discussing.
Mr. Plummer: No, no, it is my personal...
Rep. Bloom: But I would suggest that this might be the nature of an official
expression from the City of Miami Commission and that it be directed to the
current insurance commissioner and to the person who I suppose must be most.
grateful for the fact that it was something done as the recommendation by the
current insurance commissioner, rather than the one who is going to take his
office. I would suggest that since you also have a close working relationship
with the person who is going to take the office of insurance commissioner,
that the City of Miami might express itself officially because it is not just
what affects you and your colleagues here, but obviously we are going to hear
the same exact story, well that's redundant, from the City of Miami employers,
from the Dade County employers and from all the employers throughout South
Florida, so I would recommend that not only do you do it through the current
insurance commissioner, the insurance commissioner elect, but that you also
take cognizance of the fact that the new speaker designate of the Florida
House was the person who had the greatest input in the re -drafting of the
Workers Comp laws a number of years ago and that perhaps you do attempt to
have a meeting with speaker designate Tom Gustafson, because what you are
suggesting is that this needs some very important attention from the
Legislature very early on the process.
Mr. Plummer: Mr. Manager, under Workmen's Comp is the City self- insured, or
do we go to an outside carrier?
Mr. Fernandez: No, we are thoroughly self -insured in Worker's Comp.
Mr. Plummer: So we then, we the City, are not affected by this increase.
Mr. Fernandez: Not directly. There may be, down the road, when self insureds
are assessed by the State of Florida, because the State of Florida also
regulates the self -insured operation, there may be an increase in the
assessment that we as a self -insured may suffer eventually.
Rep. Bloom: I think it is something you could do officially.
Mr. Plummer: Mr. Mayor, I think it would be appropriate as Representative has
said, and I'd like to offer a motion at this time that this City Commission
express to the new insurance commissioner our area of concern for local
businesses and the tremendous possible 50 percent increase in Workmen's Comp
fees, that a new formula or maybe I shouldn't incorporate that and just let us
express our concern. I'll express my own.
Mrs. Kennedy: Second, if you put in...
Mayor Suarez: They should really, following up on the point you made before,
they should try to determine, industry by industry, what the claims history
is, and not just sort of do a broad, universal application and I might add
that if we do the resolution quickly enough, maybe Commissioner Plummer could
take it tonight to the Fire Chief's function, where the new insurance
commissioner is going to speak, or anyone that is going to be attending.
Mr. Plummer: If he is attending War and Remembrance, I'll be glad to...
Mayor Suarez: Because if the commissioner elect is going to be, according to
the Chief, at that function tonight, and it would be nice to have someone from
the City there. So moved and seconded. Any discussion? Call the roll.
51 November 17, 1988
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-1091
A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING
CONCERN TO THE NEWLY ELECTED STATE OF FLORIDA
INSURANCE COMMISSIONER FOR THE INCREASE IN WORKERS'
COMPENSATION INSURANCE PREMIUMS AND URGING HIM TO
RECONSIDER THE PROPOSED INCREASE AS IT WILL PROVE
BURDENSOME ON THE INDUSTRY; ENCOURAGING THE PRACTICE
OF SETTING RATES BASED ON LOSS EXPERIENCE SO AS TO
OFFER AN INCENTIVE TO EMPLOYERS FOR INITIATION AND
IMPLEMENTATION OF SAFETY STANDARDS IN THEIR WORK
FORCE; 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 Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: The representative, on the other item that you are here for, we
just took care of before you walked in, and we take note of the fact that of
course, you were a drafter of the legislation in question and we have now
changed by emergency ordinance what we had previously tried to do with the
safe neighborhoods designation for Wynwood, and we thank you for helping us in
that effort. If you want to add something to it, I think we've acted
according to your desires.
Rep. Bloom: I'd only like to add for the edification of the members of this
Commission, that we are very fortunate to have a young man in the person of.
Bill Rios, who took the time to get so totally familiar with the drafted
language as it was being proposed last April. He came up to Tallahassee,
worked very carefully with the staff in order to make certain that the
legislation that was passed would be able to be of benefit to some very
significant areas of the City of Miami, so I am very proud of Mr. Rios and his
accomplishments and his ability to work within the process to improve drafted
legislation.
Mayor Suarez: And it was his input that corrected the legislation so it would
properly be enacted and we thank you also, representative. Don't give any
credit to him, otherwise we can undo the whole thing, right now.
Mr. Plummer: No, no, if you are in concert with him, we'll change our vote.
Rep. Bloom: And Mr. Lopez wants me to remind you that I thought it was highly
irregular when I was told Mr. Rios was going to camp out in front of the
Department of Community Affairs, but he camped out there for two and one-half
days of that when it came to first come, first serve, City of Miami's Wynwood
section was first served. I'm very proud of him for that too.
Mayor Suarez: That's against our local ordinance on the home issue. You
can't build shelters out there.
52 November 17, 19$8
28. SECOND READING ORDINANCE: Amend Miami Comprehensive Neighborhood Plan -
change designation at approximately 2-46 NE 75 Street from Moderate
Density Residential to Liberal Commercial. (See label 16)
Mrs. Kennedy: Mr. Mayor, we are ready for items 14 and 15 that we tabled for
an hour.
Mayor Suarez: OK, items 14 and 15, we have some sort of a proffer by the
applicant.
Mr. Olmedillo: I believe the applicant is...
Mayor Suarez: Or an offer or a totally voluntary...
Mr. Olmedillo: Voluntary covenant.
Mayor Suarez: It's not really a covenant, but I guess... I don't know. Are
you actually making it into a covenant?
Mr. Olmedillo: Proffered.
Mayor Suarez: OK, what is it...
Ms. Christine Moreno: Mr. Koppen, the owner has authorized me to announce
that he will make a donation of $5,000 as requested, to further the works of
the Parks and Recreation Department.
Mayor Suarez: Thank you.
Mrs. Kennedy: For the specific... not requested, first of all, don't say as
requested, because it is a voluntary proffer.
Mayor Suarez: As he dreamed last night in his sleep that he ought to make
this contribution. We are very happy about that.
Mrs. Kennedy: For the new Parks Program Department, Parks Program within the
Parks Department.
Mayor Suarez: Parks and Recreation Department. OK, item 14, I'll entertain a
motion on it.
Mrs. Kennedy: So moved.
Mayor Suarez: Moved.
Mr. Dawkins: Second.
Mayor Suarez: Second. Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985) FOR
PROPERTY LOCATED AT APPROXIMATELY 2-46 NORTHEAST 75TH
STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN), BY CHANGING THE DESIGNATION OF THE SUBJECT
PROPERTY FROM MODERATE DENSITY RESIDENTIAL TO LIBERAL
COMMERCIAL; AND MAKING FINDINGS.
Passed on its first reading by title at the meeting of October 27, 1988, was
taken up for its second and final reading by title and adoption. On motion of
_ Commissioner Kennedy, seconded by Commissioner Dawkins, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
53 November 17, 1904
f
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10523.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
29. SECOND READING ORDINANCE: Amend zoning atlas at approximately 700 NE 90
Street from RG-2/4 to CG-2/7.
Mayor Suarez: Item PZ-15 is a companion?
Mr. Olmedillo: That is correct sir, that is the zoning change.
Mrs. Kennedy: Move it.
Mayor Suarez: I entertain a motion on it. We have a motion, do we have a
second? You second?
Mr. Dawkins: Yes.
Mayor Suarez: Seconded by Commissioner Dawkins. Any discussion? Do we have
to read the ordinance on that? Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NUMBER 9500, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA BY CHANGING THE ZONING CLASSIFICATION
OF APPROXIMATELY 2-46 NE 75TH STREET, MIAMI, FLORIDA;
MORE PARTICULARLY DESCRIBED HEREIN, FROM RG-2/4
GENERAL RESIDENTIAL TO CG-2/7 GENERAL RESIDENTIAL, BY
MAKING FINDINGS AND BY MAKING ALL THE NECESSARY
CHANGES OF PAGE NUMBER 10 OF SAID ZONING ATLAS MADE A
PART OF ORDINANCE NUMBER 9500 BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300 THEREOF;
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of October 27, 1988, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Kennedy, seconded by Commissioner Dawkins, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummet, Jr.
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10524.
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.
54 November 17, 1988
30. CONSENT AGENDA
Mayor Suarez: Items 2 through 25 of the regular agenda constitute the Consent
Agenda and the Commission intends to vote on these...
Mr. Odio: Mr. Mayor, I think the Consent Agenda ends at 1.3.
Mayor Suarez: Two through 13 constitutes the Consent Agenda and the
Commission intends to take these all in one, except for items that we will
take out, if any. Does anyone wish to be heard on items 2 through 137 - any
one of those items separately) Let the record reflect that no one stepped
forward. Commissioners, any item that you would like to pull out?
Mr. Plummer: Mr. Mayor, 2, 3, 7.
Mr. Dawkins: Weeet That's Miller Dawkins over there, huh?
Mr. Plummer: 2, 3, 7.
Mr. Dawkins: Nine.
Mayor Suarez: OK, any other items, Commissioners? I'll entertain a motion
that the Consent Agenda, comprised of items 2 through 13 with the exception of
2, 3, 7 and 9 be adopted.
Mrs. Kennedy: Move it.
Mr. Plummer: Second.
Mayor Suarez: So moved by Vice Mayor Kennedy. Do we have a second?
Mr. Plummer: Seconded.
Mayor Suarez: Seconded. Call the roll.
UPON MOTION DULY MADE by Vice Mayor Kennedy and seconded by
Commissioner Plummer, the items comprising the Consent Agenda
were adopted by the following vote of the City Commission:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS DURING ROLL CALL:
Mr. Plummer: Three is withdrawn?
Mayor Suarez: Fine, if it is withdrawn, we can still take a vote as stated.
30.1 LYNN PADDOR, HAMMER CONSTRUCTION AND PISTORINO AND ALAM; Authorize
payment of $34,380.57 without admission of liability as full settlement
of any and all claims against the City.
RESOLUTION NO. 88-1092
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO LYNN PADDOR, HAMMER CONSTRUCTION, AND
PISTORINO AND ALAM, WITHOUT THE ADMISSION OF
LIABILITY THE TOTAL SUM OF $34,380.57 IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI, FLORIDA, UPON THE
EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI
FROM ANY AND ALL CLAIMS AND DEMANDS.
55 November 17, 19$8
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
30.2 ALL FLORIDA WASTE PAPER COMPANY: Approve sale of waste paper with said
company and authorize same at price as quoted in Dade County Bid No.
128.
RESOLUTION NO. 88-1093
A RESOLUTION APPROVING THE SALE OF WASTE PAPER UNDER
AN EXISTING DADE COUNTY BID NO. 1281 TO ALL FLORIDA
WASTE PAPER COMPANY DUE TO THE IMPLEMENTATION OF AN
INTEROFFICE PAPER RECYCLING PROGRAM BY THE SOLID
WASTE DEPARTMENT; AUTHORIZING THE CITY MANAGER TO
SELL THE WASTE PAPER AT THE SAME PRICE AS QUOTED IN
THE DADE COUNTY BID.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
30.3 ACCEPT BIDS: O.K. FEED STORE ($9,878) and P.O.G. HAY AND FEED ($26,801)
for feed to the mounted police horses and K-9 unit dogs at Police
Department.
RESOLUTION NO. 88-1094
A RESOLUTION ACCEPTING THE BIDS OF O.K. FEED STORE
IN THE AMOUNT OF $9,878.00 AND P.O.G. HAY AND FEED
IN THE AMOUNT OF $26,801.00 TO THE POLICE DEPARTMENT
TO FURNISH FEED TO THE MOUNTED POLICE HORSES AND K-9
UNIT DOGS ON A CONTRACT BASIS FOR ONE (1) YEAR WITH
THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE YEAR
PERIODS AT A TOTAL ESTIMATED FIRST YEAR COST OF
$36,679.00 ALLOCATING FUNDS THEREFOR FROM THE 1988-
89 OPERATING BUDGET ACCOUNT CODE #290301-710;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR
THESE SUPPLIES AND TO EXTEND THIS CONTRACT FOR TWO
(2) ADDITIONAL ONE YEAR PERIODS AT THE SAME PRICE,
TERMS AND CONDITIONS SUBJECT TO THE AVAILABILITY OF
FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
30.4 AMEND AGREEMENT WITH ROBERT D. CRUZ: Authorize execution of said
agreement for professional planning services in connection with Miami
Comprehensive Neighborhood Plan by increasing contract amount.
RESOLUTION NO. 88-1095
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AMENDED AGREEMENT, SUBSTANTIALLY IN THE FORM
ATTACHED, WITH ROBERT D. CRUZ, FOR PROFESSIONAL
PLANNING SERVICES IN CONNECTION WITH THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN, BY INCREASING THE
CONTRACT AMOUNT WITH ADDITIONAL FUNDS IN THE AMOUNT
OF $6,000 FOR THE PERIOD OCTOBER 1, 1988 TO
SEPTEMBER 30, 1989, TO BE EXPENDED FROM THE SPECIAL
REVENUE FUND; "MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN: FY'87-188".
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
56 November 17,
1988
30.5 ORANGE BOWL STADIUM PARKING: establish special charge for use of said
lots for special events; authorize Manager to execute the same Mith
event sponsors and direct Manager to make recommendations for permanent
rates/rate charges for use of City stadiums.
RESOLUTION NO. 88-1096
A RESOLUTION ESTABLISHING SPECIAL CHARGES FOR THE
USE OF THE ORANGE BOWL STADIUMS PARKING LOTS FOR
CERTAIN SPECIAL EVENTS AS DELINEATED HEREIN;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY AGREEMENT(S) KITH THE SPONSORS OF SAID
EVENTS; AND DIRECTING THE CITY MANAGER TO MAKE
RECOMMENDATIONS AS TO PERMANENT RATES AND/OR RATE
CHANGES FOR THE USE OF CITY STADIUMS AND THEIR
GROUNDS IN THE FORM OF AN ORDINANCE AT THE EARLIEST
DATE POSSIBLE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
30.6 BABY BOOMERS 10-K RACE: Approve use of streets and thoroughfares in
Coconut Grove for said race (December 4, 1988).
RESOLUTION NO. 88-1097
A RESOLUTION APPROVING THE USE OF STREETS AND
THOROUGHFARES IN COCONUT GROVE DURING THE BABY
BOOMERS 10-K RACE TO BE CONDUCTED BY THE MIAMI
RUNNERS CLUB ON DECEMBER 4, 1988 BETWEEN THE HOURS
OF 7:00 A.M. AND 10:00 A.M., SUBJECT TO THE ISSUANCE
OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE,
RESCUE AND INSPECTION SERVICES; AUTHORIZING THE
POLICE DEPARTMENT TO CONTROL TRAFFIC FLOW ON THE
STREETS TO BE UTILIZED AS PART OF THE RACE COURSE;
FURTHER CONDITIONED UPON ORGANIZERS PAYING FOR ALL
NECESSARY COSTS OF CITY SERVICES IN ADVANCE 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.)
30.7 THIRD ALLAPATTAH FAIR: Authorize closure of streets, establish a
pedestrian mall and area prohibited to retail peddlers for said event
(December 8-11, 1988).
RESOLUTION NO. 88-1098
A RESOLUTION CONCERNING THE III ALLAPATTAH FAIR TO
BE CONDUCTED BY THE ALLAPATTAH BUSINESS DEVELOPMENT
AUTHORITY, INC., ON DECEMBER 8-11, 1988 PROVIDING
FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH
VEHICULAR TRAFFIC AND ESTABLISHING A PEDESTRIAN MALL
SUBJECT TO THE ISSUANCE OF PERMITS BY THE
DEPARTMENTS OF POLICE AND FIRE, RESCUE AND
INSPECTIONS SERVICES; FURTHER ESTABLISHING AN AREA
PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF
THE EVENT, CONDITIONED UPON THE ORGANIZERS PAYING
FOR ANY COSTS OF CITY SERVICES BEYOND THE FUNDING
PROVIDED BY THE CITY AND THE REQUIREMENT THAT THE
CITY WILL BE INSURED AGAINST ANY POTENTIAL
LIABILITY.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
57 November 17, 1988
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30.8BORINQUEN HEALTH CLINIC'S DISABLED PARKING PROGRAM: Allocate $15,000 in
support of said program.
RESOLUTION NO. 88-1099
A RESOLUTION ALLOCATING $15,000 FROM SPECIAL
PROGRAMS AND ACCOUNTS PREVIOUSLY AUTHORIZED BY
!LOTION NO. 87-276, ADOPTED MARCH 13, 1987, IN
SUPPORT OF THE DISABLED PARKING PROGRAM CONDUCTED BY
THE BORINQUEN HEALTH CLINIC, WITH SAID FUNDING
HAVING BEEN INCLUDED IN THE $500,000 RECEIVED FROM
REVENUES GENERATED BY THE DEPARTMENT OF OFF-STREET
PARKING DURING THE FISCAL YEAR ENDING SEPTEMBER 30,
1988.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
31. DECLARE ONE SURPLUS PATROL CAR AS CATEGORY "A: SURPLUS STOCK: Donate
said equipment to "All Police Charities" for use in Annual Police
Charity Demo Derby and Stock Shield Race.
Mayor Suarez: Item 2, and then we will go to 7.
Mr. Plummer: Mr. Manager, who is an organization called, All Police
Charities?
Mr: Odio: I believe it was Captain Sayre that made this request.
Mr. Plummer: Well, who are they?
Mr. Odio: It is Captain Sayre from our Police Department, that's him. Am I
right, Joe?
Lt. Longueira: I believe All Police Charities sir, is an organization made up
of several policemen in this community who hold these racing events and donate
the money to a charity. In this particular request I believe they are
requesting a car for one of our Miami officers to drive in that event.
Captain Sayre, I believe is the individual. Almost all of the other agencies
participating having donated vehicles for their drivers to drive.
Mr. Plummer: OK, I'll move item 2.
Mayor Suarez: So moved, seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-1100
A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO DECLARE ONE (1) SURPLUS POLICE PATROL
CAR, WITH BLUE AND WHITE POLICE PATROL MARKINGS, ONE
(1) SURPLUS POLICE PATROL LIGHT BAR, AND ONE (1)
SURPLUS POLICE PATROL SIREN AS CATEGORY "A" SURPLUS
STOCK, AND DONATING THE SAME, AFTER THE EXECUTION OF
THE APPROPRIATE RELEASE DOCUMENTS, TO "ALL POLICE
CHARITIES", A NONPROFIT CHARITABLE ORGANIZATION; SAID
EQUIPMENT TO BE USED BY "ALL POLICE CHARITIES" TO
REPRESENT THE CITY OF MIAMI IN THE ANNUAL POLICE
CHARITY DEMO DERBY AND STOCK CAR SHIELD RACE.
(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:
58 November 17, 1988
*11
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
NOTE FOR THE RECORD: AT THIS POINT, AGENDA ITEM 3 WAS WITHDRAWN.
32. ACCEPT BID: TREEMASTERS, INC. for furnishing of demolition services to
the Department of Building and Zoning.
Mayor Suarez: Item 7.
Mr. Plummer: Mr. Manager, where is 7? Is this the old tire place?
Mr. Hector Lima: Yes, both properties are full of tires.
Mr. Odio: Yes.
Mr. Plummer: OK, this is the one that the Fire Chief has recommended for
demolition because of the hazardous condition?
Mrs. Kennedy: Yes.
Mr. Lima: And it also went before the Unsafe Structures Board of Dade County.
Mr. Plummer: I move 7.
Mrs. Kennedy: Second.
Mr. Dawkins: Hold it now.
Mayor Suarez: Moved and seconded. Commissioner Dawkins.
Mr. Dawkins: Number 7 is accepting a bid of Tree Masters to provide services
for the year on my agenda.
Mr. Odio: Just to clear the debris and demolition of that property.
Mr. Dawkins: No, no.
Mr. Plummer: It doesn't specify that property, item 7.
Mr. Dawkins: Hold it, hold it, read what you have on the 7, Mr. Manager.
Mr. Odio: Accepting the bid of Tree Masters Incorporated, a Hispanic vendor
for the furnishing of demolition services for the department...
Mr. Dawkins: Services.
Mr. Odio: For the Department of Building and Zoning at a total proposed cost
of $119,232.79.
Mr. Dawkins: And Commissioner Plummer asked about a site.
Mr. Odio: Is it a site?
59 November 17, 1940
Mr. Lima: There is two, two buildings.
Mr. Plummer: Well, but it -'a the same location.
Mr. Lima: It's the same street, but it is two buildings.
Mrs. Kennedy: It In 333 NW 22nd Lane and 251-253 NW 22nd Lane.
Mr. Plummer: Just wanted to make sure that. that place is going.
Mr. Odio: Yes, these buildings are vacant and have become nuisances.
Mr. Plummer: And for the record...
Mr. Odio: They also pose a threat to firefighters.
Mr. Plummer: On the record, there will be a lien placed against the property
to recover those costs.
Mr. Lima: That's correct, the whole cost will be recovered.
Mr. Dawkins: What makes it necessary to pay $55,000 each building, I mean,
how much has to be demolished there?
Mayor Suarez: We're in the wrong business here, if it costs $119,000 to
demolish a couple buildings.
Mr. Plummer: It's cleaning up.
Mayor Suarez: And clean them up.
Mr. Lima: OK, the buildings were not estimated to be as expensive as the bids
came in, but the bids did come in.
Mr. Dawkins: All right, what was your estimation for the two?
Mr. Lima: OK, one was $17,421 and it came in at $55,000 due to the debris,
the tires and all that has to be hauled away.
Mayor Suarez: And Vice Mayor's voluntary crusade of demolition cannot do it
for less than that?
Mr. Lima: I have some pictures here of the building.
Mayor Suarez: Well, you are recommending it even though it came in a lot
higher than...
Mr. Lima: Those were the bids, the formal bids that came in.
Mayor Suarez: That's not my question. You've got the staff, the Manager,
somebody has got to recommend to us that even though the bids came in a lot
higher than estimated, that maybe we just didn't take into account certain
factors, or whatever, because it is a much higher figure, and if not, how can
we act on it Mr. Manager? These figures came out a lot higher than the
estimates for the demolition. Do you still recommend these that we accept
these bids, even though they are a lot higher than expected? And is the
determination made, in your best professional evaluation that these are fair
amounts to pay, that we maybe didn't take something into consideration, as
Commissioner is indicating? Maybe it is a little more complicated than we
thought, or whatever, I don't know.
Mr. Odio: If you want to. I'd rather... Go ahead.
Mr. Lima: All right, prior to getting the estimate for the demolition, we
contacted Solid haste to see if they would get some bids and just cleaning up
the problem of the tires and they approximately stated that just to clean up
the tires, which is about half of what's there now, would cost approximately
$12,000, no, I would believe that it is a costly demolition, this time, due to
the debris that's in there.
Mr. Plummer: You're recommending this?
60 November 17, �{
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0
Mr. Odio: Yes, sir.
Mr. Lima: I am not. into the estimating business, I can't recommend $55,000
when we estimated approximately $20,000, but there are some variables involved
In this case.
Mr. Plummer: Well, if you are not in the business, how do you recommend
$20,0007
Mayor Suarez: Who estimated $20,000 then?
Mr. Lima: All right, we estimated $20,000 based on the normal estimated costs
of all the previous demolitions that we deal with the City.
Mayor Suarez: The historical ones, but it. is not really your particular
expertise. You are just sort of going on...
Mr. Lima: Exactly.
Mr. Odio: But this is property, which came back to my mind, is a real serious
problem that we have had for years.
Mr. Dawkins: So let me ask a question that may not be important and may be
important. The determining factor that pushed the cost above the estimated
cost is tires and other debris?
Mr. Odio: Yes, sir.
Mr. Lima: Asbestos.
Mr. Odio: Asbestos.
Mr. Dawkins: And asbestos. When you clear the land now, what preventive
measures will you establish to prevent people from going back there to dump
tires and asbestos on a lot that's clear and clean without a structure on it?
Mr. Lima: I believe the Solid Waste Department has the Code enforcement for
that provision on a empty lot.
Mr. Dawkins: Sir, I will ask my question again.
Mr. Odio: The point is well taken, Commissioner.
Mr. Dawkins: My question, sir...
Mr. Odio: I will make sure that we don't allow this to happen again.
Mr. Dawkins: OK, now, but see...
Mr. Odio: And I will...
Mr. Dawkins: ... what are we going to do, put a fence around it, or what are
we going to do, Mr. Manager? - because or else, you know, or go get... see
now, some of these places, Mr. Manager, I see when they push them down, they
come and put rolls of dirt, or something around them, so that people cannot
drive over this and dump the trash, so...
Mr. Odio: That's what Frank says we are going to do there with the police.
Mr. Castaneda: See, we own the property on the other side and we are walking
with the Police Department to move mounds of dirt to keep people from going
into the property to dump on that street over there.
Mr. Plummer: What have we done, like I think the City of North Miami did, in
efforts to keep this from rehappening, that if we catch someone dumping, that
we can confiscate the vehicle. Ah, ha, it worksl
Mr. Odio: I know it works, that would be good.
Mr. Plummer: No, no, Mr. City Attorney, someone here, I think it was North
Miami recently, that they could take and catch someone that's doing this kind
of dumping. It was up to a $500 fine, 60 days in jail, and also the
confiscation of the vehicle. Now, why aren't we doing that?
61 November 17, 19"
r=
Mr. Dawkins: And along those same lines, Commissioner Plummer, it should be
some method established that as tire companies change tires, we should make
them paint a color on it, no that when we find it. on property, you also know
to whom it belongs, because that's our biggest problem where these tires
companies just take loads and loads of tires and dump them on the property and
the Manager has to spend over $150,C0C a year, just hauling away old tires.
Mr. Plummer: You know, when you start affecting them in their pocketbook,
they listen.
Mr. Odio: Well, I agree, if we can find a way of doing that, legally.
Mr. Fernandez: Yes.
Mr. Plummer: Yes. Let me ask you, while we are on demolition, 20 Samana
Drive, where are you on that?
Mr. Odio: Yes, I checked that out yesterday, and we are out on bids. As soon
as we get the bid in, we'll go and demolish.
Mr. Plummer: You know the old man is still living there.
Mr. Odio: Well, is he going to be inside when we demolish?
Mr. Plummer: I'm saying, you know, the old man is still bringing in garbage
every day.
Mr. Odio: No, I saw him yesterday, Commissioner, and I called and I was told
by the Department that we are out of bids.
Mr. Lima: Yes, on 10-11 of 1988 it was submitted to Procurement for bids.
Mr. Plummer: Why did we wait that long?
Mr. Lima: It is the normal procedure of the Unsafe Structures Board.
Mr. Plummer: Do you know what it is doing to that neighborhood?
Mr. Odio: Commissioner, but we just cannot go in and...
Mrs. Kennedy: Well, it shouldn't take long now, right?
Mr. Odio: Now, it should be by next week, I was told that we should be going
there.
Mr. Plummer: Well, you better find some way to get the old man out of there,
because you are going to have to take him out, drag him screaming and kicking.
Mrs. Kennedy: Well, we can't do that, because usually the first step, Hector
is to post a sign and that gives the police officers the right to arrest
anybody who is doing some illicit drugs.
Mr. Odio: Do you want to help us take him out?
Mr. Plummer: No, the old man, let me tell you, he is 85 years old and the old
man is hell bent that he is going to stay there and I'm telling you, you
better do whatever is necessary, because he is not going to fix it up.
Mrs. Kennedy: We'll get the police there, then.
Mr. Lima: We've had similar situations like that and we get police
assistance.
Mr. Plummer: God bless you!
Mrs. Kennedy: Before we demolish a house anyway, the police officers go and
they secure the place and make sure that we...
Mr. Plummer: The sooner the better.
Mrs. Kennedy: Take care of that.
62 November 17, 1908
Mr. Lima: I will contact Adriene Friesner with the Law Department and she
will help me out.
Mr. Plummer: Yes, but you see, let me tell you, there ought to be a provision
right now. There is no electricity in that house, there is no running water
in that house. There is nothing in that house but a burnt frame, and let me
tell you something, if that hasn't been declared an unsafe structure, I don't
know what the words mean.
Mr. Lima: It was declared since January.
Mr. Plummer: But why do they allow that man to stay in there?
Mr. Lima: I will contact the Police Department and have their assistance to
remove the person from there. He is illegally in there.
Mr. Plummer: You'd better get on good legal ground, he's a former judge and
he knows the law books. I'm telling you, but you know, for the man's safety
itself...
Mr. Odio: We have to be careful.
Mr. Dawkins: There is nothing you can do, J.L. I have a situation like that
on 54th Street, just off of 10th Avenue. The lady has a house and she is an
alcoholic, her house is paid for, she is a retired school teacher and she will
not get out and she will not let anybody in and the neighbors say that there
is newspapers and all in the house and she will not allow us in and she will
not come out and they tell me that because it is her property, she has a right
not to, I mean to do what she wants to do on her own property.
Mr. Plummer: Well, the difference here is, 50 percent of this house burnt
down.
Mr. Dawkins: But does he own it?
Mr. Plummer: Oh, I'm sure he does, but it is an unsafe structure, and I'll
tell you, the people in that neighborhood are already to move out.
Mr. Dawkins: Well, in my neighborhood, we can't afford that, so they got to
stay in there and bear it.
Mr. Plummer: Well, let me tell you how bad it is, in the height of the fire,
this old man wanted to run back inside and get all the stuff. I mean, you
know, hey, the sooner the better, but I think you better take into
consideration...
Mr. Dawkins: Mr. City Attorney...
Mr. Fernandez: Yes, sir.
Mr. Dawkins: What happens if 1 get a list of all these properties that we
know, that are unsafe and I take them with the blessings of this Commission,
with a resolution, or whatever we have to the Unsafe Structure hoard and say
that we demand that you declare these buildings unsafe today so that we can be
about the business of removing them, because they've got a waiting list. How
long it take you sir, to move a request to have a house declared unsafe. How
long does it take?
Mr. Lima: Right now I'd say approximately five months.
Mr. Dawkins: Five months. So, what can we do to short-circuit this five
months, Mr. ...
Mr. Fernandez: We can't, the procedure is well established.
Mr. Dawkins: I cannot... you can't go before the board as an emergency and
get them to act as an emergency.
Mr. Fernandez: Yes, we can. There is an emergency procedure, but
nonetheless, the individual has procedural due process that has to be
observed.
63 November 17, 1988
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Mr. Dawkins: OK, all right, that's fine, all right. We are talking about the
lady on 50th Street and we are talking about isolated instances that J. L.
mentioned. I'm talking about the 50 houses Rosario Kennedy has identified,
the ten or twelve that J.L. Plummer has identified, those that I have
Identified as unsafe, those that Victor De Yurre has identified as unsafe,
they are just sitting there. In fact, I'll give you a good example, on 38
Street and 13th Avenue, we have told the owner to destroy it. The owner has
boarded it up. Every morning, the lady next door called me, I have to get out
of my bed, go around there and she show me where they kicked the door open.
We call the owner, the owner goes back, nails the door up again, put's plywood
over it, that same night, they kick it over you go in and you see where they
been smoking crack all night. The owner refuses to tear it down, we can't get
the Unsafe Structure to tell him he's got 10 days or 15 days to bring it up to
code, or tear it down. These kind of things, Mr. City Attorney, we've got to
find a way so that I can let the people... hey, look, we went before the
Unsafe Board. Now, call them 5:30 in the morning, don't call met
Mr. Plummer: How about posting a no trespassing sign and have the police go
there through the middle of the night and grab them?
Mrs. Kennedy: Yes.
Lt. Longueira: We do that.
Mr. Dawkins: Well, there again, have to get the owner.
Mrs. Kennedy: We do that.
Mr. Dawkins: We have got to get the permission.
Mr. Lima: We post the property, air.
Mr. Dawkins: Hold it. Let's ask...
Mr. Fernandez: We're limited in the number...
Mr. Dawkins: The owner would have to give us permission, wouldn't he, Joe?
Lt. Longueira: I believe so, they'd have to come to court and testify that
didn't want the person on the property.
Mr. Plummer: Well, I'm saying, get the owner to put up no trespassing signs.
The owner has got to be just as irritated about having to go there every
morning and re -put the door. This would help him.
Mrs. Kennedy: A lot of them are absentee owners and they really don't. care.
Mr. Plummer: Well, Miller, says this particular case, a man comes there
every morning and puts the door back.
Mr. Dawkins: They come every day and nail it back up, every day. And they go
in and night and kick the door open. I asked him, I said, well block it up.
He says, I'm not going to block it up, it is too expensive. He said I'd
rather just nail the nails on it. Now, this guy comes all the way from Ft.
Lauderdalel It's something that we have to find a solution to.
Mr. Fernandez: We continue to work with the County Unsafe Structures Board.
Mr. Dawkins: No, no, tell me how I can go before the next Safe Structure
Board as a representative of this Commission, with a listing of all the places
that we know are unsafe, and try to get some emergency relief to short -gap the
five months waiting period.
Mr. Fernandez: I am sure that staff in my department will work with you. We
are scheduled to go in front of them again at the next scheduled time. The
problem is, they are limited in the number of hearings that they can give us.
We are working with them so that we can increase that to at least double what
we are doing now. And in fact, over the past several months, they have
increased. They have given us greater opportunities to present more and more
cases.
64 November 17, 1988
Mrs. Kennedy: I'll tell you, one way we can expedite the matter, which Jr -
what I've been doing in some cases, it is getting somebody to pay for the
demolition cost. Then all you need is 30 days.
Mr. Dawkins: But you can't get the demolition cost if I can't it declared
unsafe. I mean, you know, I don't seem to be getting through here that we are
talking about ten places that. have been declared unsafe and we are attacking
those and we know that's it is 300.
Mrs. Kennedy: Yes, but remember...
Mr. Fernandez: If the owner consents, I'm sorry. If there is owner consent,
you know, it could be demolished.
Mrs. Kennedy: Right. I went to the County and I changed the ordinance and
with the help of the County Commission and the County Attorney, and it's much
easier now, because we don't have to go through the Unsafe Structure Board if
It is a new house. All we have to do is have the building official declare it.
unsafe.
Mr. Odio: Why don't we do this, Commissioner Dawkins, I'll have the staff
prepare the leases, about 400 structures and have them accompany you to the
Unsafe Structure Board to make a presentation.
Mr. Dawkins: That's fine, Mr. Manager, but it is useless, unless the City
Attorney tells me that it is going to produce the desired results. See,
nobody up here wants to go down there to get no headlines. We are interested
in results.
Mr. Fernandez: I cannot assure you the right results. I can assure you...
Mrs. Kennedy: And we are getting results.
Mr. Dawkins: OK, I'm finished, go ahead, I withdraw whatever it is, go ahead.
Mr. Plummer: Can we attack it from a different standpoint? Let me tell you
my idea. Come at it from another way. Instead of making them tear it down,
make them bring it up to code, and for every day that they don't bring it up
to code, fine them $500 a day.
Mr. Fernandez: Fine them.
Mr. Plummer: Why can't we do that?
Lt. Longueira: We -do give them the option.
Mr. Plummer: No, no, I'm saying if we take them before Code Enforcement...
Mr. Fernandez: Code Enforcement.
Mr. Plummer: And we tell them... what do you mean, no?
Mr. Lima: It is a different entity altogether, Code Enforcement and the
Unsafe Structures Board.
Mr. Plummer: You are not listening. What you are doing now is not working.
Mr. Lima: I think it is.
Mr. Plummer: In five, six, you are doing 50 when Dawkins says 400. Why can't
the City of Miami go before Code Enforcement, make these people bring that up
to the Code of the City of Miami, and if not, impose a $500 fine a day? Why
can't we do that?
Mr. Lima: We do that, sir. We do that, and...
Mr. Plummer: On all 400 of them?
Mr. Lima: We notify owners as per code, we tell them to make the repairs as
per code and when they do not do that, is when we take them to the Unsafe
Structures Board.
65 November 17, 1980
Mr. Plummer: Are you fining them the $500 a day?
Mr. Lima: The only pay that we can fine them $500 a day is if we take them to
the Circuit Court, and we...
Mr. Plummer: Why? Code Enforcement, what is their...?
Mr. Fernandez: Code Enforcement does not have jurisdiction over the building
code, for violations of the building code.
Mr. Plummer: What do they have jurisdiction over, if it is not the violations
of the...
Mayor Suarez: Every other code, but not that.
Mrs. Kennedy: Yes, you have to have...
Mr. Fernandez: Every other code but that.
Mrs. Kennedy: You have to work through the State Attorney's office and that's
what ve have been trying to do for the past, I don't know how long, so that we
can really impose the $500 a day fine.
Mr. Fernandez: Correct. Exactly. And it has to be...
Mr. Plummer: Maybe we need some legislation changes then.
Mr. Fernandez: Perhaps.
Mayor Suarez: The County has indicated they'd be willing to go along with
anything we'd want to do by way of taking back those powers. Whether we have
the staff and the ability to do it is another question.
Mr. Fernandez: Yes, and that would have to be by State legislation.
Mr. Plummer: Well, are we doing anything in that neighborhood to move towards
it?
Mrs. Kennedy: We are, we...
Mr. Plummer: Or are we just talking about it?
Mrs. Kennedy: No, we are in the process of talking to some legislators.
Mr. Plummer: Are we making that as one of the priorities of this City
Commission to our lobbyist?
Mrs. Kennedy: Oh, for sure.
Mr. Plummer: Since each one of us get the... you do it, I mean...
Mrs. Kennedy: Yes, I have it on my list, for sure.
Mr. Plummer: If you don't, I'll make it my top priority. We are on item 7,
I'll move it, Mr. Mayor.
Mrs. Kennedy: Second.
Mayor Suarez: Moved, seconded. Call the roll.
66 November 17, 1908
0
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-1101
A RESOLUTION ACCEPTING THE BID OF TREE MASTERS, INC. FOR
THE FURNISHING OF DEMOLITION SERVICES FOR THE DEPARTMENT
OF BUILDING AND ZONING AT A TOTAL PROPOSED COST OF
$119,232.79; ALLOCATING FUNDS THEREFOR FROM THE COMMUNITY
DEVELOPMENT DEMOLITION FUND ACCOUNT CODE NO. 451420-
799206; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS
SERVICE.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
-------------------------------------------------------
NOTE FOR THE RECORD: At this point, the City Commission
acknowledges the presence of recently elected Circuit Court Judge
Phillip Davis.
33. POLITICAL SIGNS: Refer to the City Attorney to draft legislation
similar to Homestead concerning removal of political signs following
elections.
Mr. Plummer: Mr. Mayor, I'd like to City Attorney to look into...
Mr. Fernandez: Yes, sir.
Mr. Plummer: ... the City of Homestead has an ordinance on political signs.
If they are not removed the day after the election, there is a fine of $250 a
day per sign and I think that the City of Miami needs to incorporate the same.
The night of last Tuesday's election, my brother ran to my house, got a sledge
hammer and a truck and went down there and took them all down, just to show
you how effective it is, to take those signs down. I think we need to adopt
the same, so I would ask you to find out what ordinance they are using and
bring it back to this Commission for appropriate action.
Mr. Fernandez: Certainly will.
NOTE FOR THE RECORD: At this point, the City Commission
acknowledges the presence of Charles Wyche, who is the oldest
living member of Dade County's Chapter of Omega PSI PHI
Fraternity, Inc. to which Commissioner Dawkins belongs.
-------------------------------------------------------
67 November 17, 1988
34. FEDERAL ENTERPRISE ZONE: Authorize a portion of Central Miami as
Federal Enterprise Zone and commit. the City to a course of action in
connection with same pursuant to Federal Register CFR part 596, subject
to removal of Dodge and Watson Island from said designation.
Mayor Suarez: OK, we have item 9
item 9.
Commissioner Dawkins had a concern about
Mr. Dawkins: Item 9, I just wanted to have Frank tell us the advantages of
this so that we will know what we are doing and how advantageous it is.
That's all, I have no quarrel and in fact, I should have moved it and then had
it...
Mayor Suarez: And then had it. OK, I'll entertain a motion on it and we can
have...
Mr. Dawkins: I'll move it and we can have an explanation after.
Mr. Plummer: Second.
Mayor Suarez: Call the roll.
Mr. De Yurre: Hey, discussion first.
Mayor Suarez: Commissioner De Yurre.
Mr. De Yurre: Are we including Watson Island and Dodge Island on this?
Mr. Dawkins: Yes.
Mr. Plummer: What does this do7
Mr. Castaneda: Basically a shot in the dark, but the Federal government is
going to be approving 67 enterprise zones nationwide. There are no direct
benefits from the Federal government right now. We are assuming that this was
the first project of the Reagan Administration, the Enterprise Zone
development. They started this eight years ago. Now they are starting into
the stage of selecting cities. We feel that there has to be some money
attached to this program sooner or later and we assume that Bush will be
putting some money into it, either approving UDAG's for Enterprise Zone areas
or something of that nature, but right now there is no money. Competitively,
cites are going to compete with each other for 57 Enterprise Zones nationally
and 33 rural Enterprise Zones, but there is only going to be 57 nationally.
We selected, according to their criteria, the worse areas of the City of
Miami, which to you, might sound confusing because it includes downtown Miami,
but their criteria is including population loss, poverty and unemployment and
according to the Planning Department, who checked all the census, that these
are the three worst areas. The reason that was included the Port of Miami,
and Watson Island, is because they are in the census tract of this high
distressed area. To take Watson Island and the Port of Miami out of
competition does not improve our position in the competition at all. However,
by including them, it might give the City Commission the alternative to some
development projects that might not be available without that and that's the
only reason that we are including them, to give you flexibility.
Mr. Plummer: But the problem...
Mr. Dawkins: One question though, Frank. The Port of Authority, I mean, does
not belong to us. So how is that advantageous?
Mr. Castaneda: Well the Port of Miami is in the City of Miami.
Mr. Plummer: But we don't control it.
Mayor Suarez: In our jurisdiction, although we don't control it.
Mr. Castaneda: That is true, but for example, and you might recall... I know
that Commissioner Dawkins and J.L. were here, the City, about eight years ago
68 November 17, 1980
submitted an Urban Development Action Grant. to build an office building in the
Port of Miami.
Mr. Dawkins: For the hotel, yes.
Mr. Plummer: Right. If that would have been approved, the City would have
received the principle and the interest back to the City of Miami and could
have utilized that UDAG to exert some control on the type of development that
would occur there, because we would be the applicant. Something like that
could occur in the future. The question is, does the Commission want that
flexibility? I don't know.
Mr. Plummer: I may no. The reason I say that is, what you are going to find
If that area is so designated, it includes the Port of Miami, they are going
to do everything in an Enterprise Zone on the port and the hell with the City.
This way, if we have the Enterprise Zone, it gives us a negotiating tool with
the County, not only as it relates to revenues of the port, but to the
revenues of the City of Miami. Now, if it doesn't do anything detrimentally _
to the application, I think the City of Miami ought to keep its nose and its
business, and that is within the City which we control.
Mr. Castaneda: OK, but just to clarify the Port of Miami is the City of
Miami.
Mr. Plummer: I understand that. They don't understand it, but I do.
Mr. De Yurre: Also, the point I want to make on that is, that you know, if we
are looking for incentives to stimulate growth, economic growth in the City of
Miami, I don't think that Watson Island needs any stimulus from the Federal
government, nor Dodge Island in this case, and I think that you're going to
have people knocking down our doors just to do something on those properties.
I don't think we need to get involved with this type of situation with those
areas.
Mayor Suarez: And what's the answer? Can we leave them out or not?
Mr. Castaneda: You can leave them out or leave them in. It will not affect
the competitiveness of the application. What we did is, we're including about
five or six... nine census tracts and we included the entirety of the nine
census tracts. These two census tracts, going like this and this one going
like that and that is why they are included. Taking them out or leaving them
in does not affect the application. It is up to you.
Mr. Plummer: I'll move it subject to those two removed.
Mayor Suarez: Yes, why don't we take it up to Bayshore, which in effect will
remove those two.
Mr. Castaneda: Fine.
Mayor Suarez: OK, so moved, do we have a second?
Mr. Dawkins: You are moving it, taking out Dodge Island?
Mr. Plummer: Take out Dodge and Watson.
Mayor Suarez: And Watson.
Mr. Dawkins: No, leave Watson in. Why take Watson?
Mr. De Yurre: There's no benefit.
Mr. Dawkins: Explain it to me, why are you all going to take out Watson?
Explain it to me.
Mr. De Yurre: My theory is that we are talking about economic incentives. We
don't need economic incentives with Watson Island. We are going to have
investors coming from, you know, all over the place.
Mayor Suarez: Yes, the idea is to benefit, sort of...
Mr. Dawkins: OK, I just needed an explanation, no problem.
69 November 17, 1988
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-1102
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI,
FLORIDA, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO
NOMINATE A PORTION OF CENTRAL MIAMI "FEDERAL ENTERPRISE
ZONE" AND COMMITTING THE CITY OF MIAMI TO A COURSE OF
ACTION PURSUANT TO THE FEDERAL REGISTER 24 CFR PART 596;
SUBSECTION C 596.200 AND 596,202; DIRECTING THE CITY CLERK
TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE
METROPOLITAN DADE COUNTY COMMISSION AND THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS FOR FORWARDING TO THE
OFFICE OF THE ASSISTANT SECRETARY FOR DEVELOPMENT, U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; FURTHER
AUTHORIZING AND DIRECTING THE CITY MANAGER TO FILE AN
APPLICATION FOR FEDERAL ENTERPRISE ZONE DESIGNATION AS SET
FORTH HEREIN.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Rosario Kennedy
35. Authorize termination agreement with Wynwood Elderly Center, Inc. and
authorize execution of new agreement with Holy Cross Day Care Center,
Inc.
Mayor Suarez: Item 14, a resolution approving the termination of an
agreement, authorizing execution of a new agreement for the block grant at
Wynwood Elderly Center.
Mr. Dawkins: OK.
Mayor Suarez: I entertain a motion that.
Mr. Dawkins: So moved.
Mayor Suarez: Moved.
Mr. Plummer: Second.
Mayor Suarez: Seconded. Any discussion?
Mr. Dawkins: Go away there.
Mayor Suarez: Call the roll.
70 November 17, 1988
The following resolution vas introduced by Commissioner Davkins, who
moved its adoption:
RESOLUTION N0, 88-1103
A RESOLUTION APPROVING THE TERMINATION OF THE 14TH
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
BETWEEN THE CITY OF MIAMI AND WYNWOOD ELDERLY CENTER,
INC.{ FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH HOLY CROSS DAY CARE CENTER, INC. IN
THE AMOUNT OF $132,578 FOR THE PERIOD OCTOBER 7, 1988
THROUGH JUNE 30, 1989, IN THE FORM ATTACHED HERETO,
FOR THE PURPOSE OF MAINTAINING SERVICES TO THE ELDERLY
IN THE WYNWOOD TARGET AREA OF THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS DURING ROLL CALL:
Mr. Plummer: How is Emelio Lopez involved in that? Are you involved?
Mr. Dawkins: He's a patient.
Mr. Plummer: I'll vote yes, he needs the help.
36. BOOK FAIR WEEKEND: Grant request received from representatives of
Miami -Dade Community College to have N.E. 5 Street remain open.
Mr. Dawkins: Mr. Mayor, we have two things.
Mayor Suarez: Yes, Commissioner.
Mr. Dawkins: Dr. Bryant, do you want to come down and explain what we got
here so that we can... we don't need a vote, but I think we need to approve
this.
Dr. Castell Bryant: Thank so you so much. I realize this is an emergency.
Mr. Dawkins: Tell us who you are.
Dr. Bryant: I'm Castell Bryant, from Miami Dade Community College, the
Wolfson campus. As you know, this is our Book Fair weekend and the Commission
has been agreeable and supportive by approving the closing of NE 2nd Avenue
for the vendors and the distributors. Because of the construction that's
going on on Biscayne Boulevard, and the bridge, it has been impossible to
close last night with your original approval. There is some concerns about
the construction not being at a point to open NE 5th Street so the traffic can
be detoured back to Biscayne Boulevard. It has been our assurance that as of
today, at 3:00, Fifth street will be open. So we wanted you to know, because
we had received some word that it would be impossible to close HE 2nd Avenue
without 5th Street being open. As a point of information, we have been
assured that it will be open and the City Manager's asked me to present this
to you for some action or approval, or support, or whatever we can receive
from you. We have 20 vendors from around the country, or the nation, or the
world, really, to distribute their books within that area, and we just need
your approval.
71 November 17, 1988
13
Mr. Dawkins: The reason I silk that it come before us, it has been checked
out, but I wanted to be sure that we all know that it will be approved, I
think, if on the condition that Sth Street must be open. If 5th Street In not
open, it is not approved.
Ma. Bryant: Right, we understand. It is our assurance by the route
supervisor that 5th Street will be open today at 3:00 o'clock.
Mayor Suarez: Do we need a vote on this, Mr. Manager, or are we OK? OK, I
entertain it as a motion.
Mr. Dawkins: Moved.
Mr. Plummer: Second.
Mayor Suarez: Seconded, call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
Its adoption:
MOTION NO. 88-1104
A MOTION GRANTING REQUEST RECEIVED FROM
REPRESENTATIVES OF THE MIAMI-DADE COMMUNITY COLLEGE TO
HAVE NORTHEAST FIFTH STREET REMAIN OPEN IN ORDER THAT
THEIR "BOOK FAIR WEEKEND" EVENT, SCHEDULED FOR
NOVEMBER 13-20, 1988, CAN BE HELD ON NORTHEAST SECOND
AVENUE, AS PREVIOUSLY APPROVED BY THE COMMISSION.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Rosario Kennedy
-------------------------------------------------------
NOTE FOR THE RECORD: At this point, Ms. Gloria Sanders, along
with a group of citizens from JESCA were recognized.
37. LOAN AGREEMENT WITH ALLAPATTAH MEDICAL PHARMACY BUILDING: Refer to the
City Manager the issue of amendment to said loan agreement.
Mayor Suarez: Item 15, a resolution authorizing execution, Allapattah Medical
Pharmacy Building loan agreement, deferring interest rate payment of
660,745.76 until March 1, 1989.
Mr. Dawkins: Moved.
Mayor Suarez: Moved, do we have a second?
Mr. Plummer: Why? No, no, I'll second it, but why?
Mr. Dawkins: Under discussion, OK. Frank, why, and be sure you tell him that
this is going to be a final payment, March, whatever it is.
Mr. Castaneda: Basically, what happened, these people had all sorts of
problems during construction. You know, the contractor blew it in many ways.
The construction of that building took 12 additional months to complete than
originally anticipated. What we are saying here is, to give you guys a break
for that problem, the interest payment that you have to give to us, let's
72 November 17, 198$
postpone it to March 1, 1989 end they will pay that interest. of $6,745. Right
now, they are paying principal and interest, but this is the interest during
the construction period.
Mr. Plummer: Are they going to pay interest on the interest?
Mr. Costaneds: Not right now.
Mr. Plummer: Why not?
Mr. Castaneds: Well, the...
Mr. Irving Harris: My name is Irving Harris and I am here representing the
Allapattah Medical Group. Your question of why not is a good question, except
we feel it is unfair due the problems that we've had not only in the
construction of this, but also the original purpose and intent. We thought we
wanted to help be a catalyst to help develop this neighborhood. We've had...
Mr. Plummer: Is this a profit making business, sir?
Mr. Harris: Yes, sir, it sure is.
Mr. Plummer: So, I... you know it is no more than a regular bank loan, and
we're the bank, and we're loaning you the money and you are making a profit.
You've got to take certain risks.
Mr. Harris: Well, now when you say making a profit, you asked if it is a
profit making business. We were a profit making business, we had hoped to be
a profit making business. We were basically involved...
Mr. Dawkins: You know, as the Mayor said, when you have momentum, it is very
well. Nov, you saying that it is my fault that the contractor did not
complete your building on time, but I don't see no where where you sued the
contractor because he didn't finish your building on time, so if you are
really, I mean, in my opinion now, see, if you had really been sincere, you
would have sued the contractor. Then you could come to me and say, hey look,
he didn't treat me right, I sued him, so now I really need some help.
Mr. Plummer: You are talking about four months, and what is the interest on
the thing, three percent?
Mr. Dawkins: Yes, three...
Mr. Harris: Is that your answer?
Mr. Plummer: You're talking about peanuts.
Mr. Harris: All right, if that is the answer, then we'll accept it, but in
answer, Mr. Dawkins, it wasn't just a contract.
Mr. Dawkins: That's my answer sir, but you need three votes up here, see.
Just like The Miami Herald said, that I can fire an architect and a designer,
it takes three votes.
Mr. Odio: He agrees to pay interest.
Mr. Plummer: I make a motion that we refer this to the Manager to negotiate
and whatever he agrees upon, we accept.
Mr. Dawkins: Second.
Mr. Odio: He just agreed on that.
Mr. Plummer: Pine, you accept it, then it is agreed upon. Refer to the
Manager. Whatever he negotiates, we accept.
Mayor Suarez: OK, up to the limit of what is stated there, no, certainly not
beyond that.
Mr. Plummer: No, no, it is the interest on the interest.
Mr. Dawkins: Oh not beyond that.
73 November 17, 1988
Mayor Suarez: Right, not beyond that. OK, so moved and seconded, call the
roll.
The following motion was introduced by Commissioner Plummer, who moved
Its adoption:
MOTION NO. 88-1105
A MOTION REFERRING TO THE CITY MANAGER PROPOSED
AMENDMENT TO THE LOAN AGREEMENT DATED NOVEMBER 24,
1986, WITH THE ALLAPATTAH MEDICAL PHARMACY BUILDING,
INC. TO DEFER THE REMAINING INTEREST PAYMENT FOR
FURTHER NEGOTIATIONS; FURTHER ACCEPTING THE AGREEMENT
TO BE NEGOTIATED BY THE CITY MANAGER.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None
ABSENT: Vice Mayor Rosario Kennedy
38. COMPUTERS EXPENDITURE: Authorize $468,617 by Computers for December,
1988.
Mayor Suarez: Item 16 is a resolution allowing one month's operation
Department of Computers.
Mr. Plummer: Move it.
Mr. Dawkins Hold it. Is that one/twelfth?
Mayor Suarez: One/twelfth.
Mr. Dawkins: Is that one/twelfth of their total budget?
Mr. Plummer: Yes, no more.
Mr. Dawkins: All right, second.
Mayor Suarez: Call the roll.
Mr. Plummer: We were suppose to have an update monthly on the posture of
what's taking place there.
Mr. Odio: He just signed the contract. I sent you a copy of it.
Mr. Plummer: You signed a contract for the new computers. Did you sign the
contract for the software yet?
Mr. Odio: No, that recommendation was made yesterday, I signed it.
Mr. Carlos Smith: There is a memo that the Manager sent yesterday, signed
yesterday, giving you an update. Basically, the committee has been meeting.
We've had...
Mr. Plummer: Is the software ordered?
Mr. Smith: Not yet. We expect to come down.
Mr. Odio: It has been selected, the two top companies have been selected.
Now they are going to make a full presentation and we'll recommend one to you.
74 November 17, 1988
Mayor Suarez: Call the roll.
The following resolution Mae introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-1106
A RESOLUTION AUTHORIZING THE EXPENDITURE OF $468,617 FOR
THE MONTH OF DECEMBER 1988 BY THE DEPARTMENT OF COMPUTERS
FROM THE CURRENT YEAR'S APPROPRIATION FOR SAID DEPARTMENT
IN ACCORDANCE WITH THE POLICY OF 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 Dawkins, the resolution was passed
and adopted by the following vote:
ATES: Commissioner Victor De Turre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Rosario Kennedy
39. PROPOSED AMENDMENT TO LEASE AGREEMENT WITH UNIVERSITY OF MIAMI: Defer
consideration of said proposed amendment.
Mayor Suarez: Item 17.
Mr. De Yurre: Mr. Mayor, on item 17, I'd like to have this deferred. I'd
like to have some more information on this.
Mr. Dawkins: Second.
Mr. Plummer: I agree with that. I'll second the motion and I've got some
serious problems with the University of Miami.
Mr. Odio: I sent you a report today. I met with the university, I sent you a
report today because I met with them
Mr. Plummer: Why do they want more space when they are not even using what
they got?
Mr. Odio: Commissioner, let me may this to you. That contract was negotiated
in 1975. They have the right to this space. You have no right to deny them
this space. There is nothing you can do about it. That contract...
Mr. De Yurre: I am not talking about denying, I am talking about deferring it
so I can well apprised of what is going on at the Knight Center, which I'm
not. I'm kind of uneasy with what has been happening there lately.
Mr. Plummer: You see, let me tell you. The University of Miami hoodwinked
this Commission, OK7 Let's remember one of the serious reasons the Knight
Center is not making its money is simply because I sat here when it was said
by the University of Miami that they contributed $3,200,000 to hundred... I'm
going to give you the history. They contributed $3,200,000 to a $200,000,000
structure. They stated before this Commission that their financial
projections were that they were going to be bringing in 100,000 professionals
a year in continuing education. For two years they never even used the damn
structure. That affected what we had taken into consideration, the bank with
facilities, the roan accommodations, the parking structure, all of that was
based upon their projections to this Commission that they would be bringing in
100,000 professionals a year. They are not doing it! Now, if they are not
using the space that they already have, the hell with... you know, as far as I
am concerned, I've told you privately...
75 November 17, 1988
Mr. Dawkins: Watch it. Tou'll be in the paper in the morning.
Mr. Plummer: ... we ought to be buying... oh no, I can talk to him privately,
I don't care, it won't be the first time, it won't be the last, so long as it
is not obit column except for business. I've said to you before, we ought to
be buying them out. They are not using it.
Mr. Odio: They are not willing to sell, I've approached them.
Mr. Dawkins: Mr. Mayor, Mr. City Attorney, I agree with everything that's
been said. You study for me...
Mr. Fernandez: Teo.
Mr. Dawkins: ... the possibilities of suing the University of Miami for not
having fulfilled their part of the obligation. You see, everybody comes in
here and tells me why you have to go along with things, but nobody comes and
tell me these are the alternatives that we have, where we don't have to. Now,
they have not lived up the agreement they made with us, so in my opinion, they
broke the agreement. I'm not breaking it by not allowing them to build the
facility.
Mr. Plummer: If they would have lived up to their agreement, the projections
that I saw says that this City would not have to subsidize that thing after
the first six or seven years, OK? - that it would reach a break even point.
It is not doing such because their pledge to this City Commission they never
kept. And to further complicate and expand, I think is ludicrous. I don't
know why they want to do it, unless they are using it for a bargaining tool to
try to buy them out later. I don't know why, that's immaterial.
Mayor Suarez: We have a motion to defer, so it isn't necessary to complete
this argument, but I think the University ought to have a chance to maybe
answer some of things that have been stated, if they want to. Maybe they
cannot be answered, I don't know.
Mr. Plummer: I didn't see a report today.
Mayor Suarez: Would you like to make a statement on behalf of the university?
Mr. Robert Smyth: I'm Robert Smyth with Mershon Sawyer and I'm here on behalf
of the University of Miami. Commissioner, I...
Mr. Plummer: Excuse me, are any of your clients here?
Mr. Smyth: No, they are not. They were here earlier. We were last week, but
they had to leave about an hour ago. I can't answer all of the questions you
did raise. I can point out though, that the university is continuing to use
the space that currently is at issue. We do have an option in the lease to
lease that space. We exercised it a while back. I'm aware that officials
from the University of Miami have met with the City Manager this last week.
They discussed numerous, I believe, of the issues you raised and to my
knowledge, although I was not present, I thought they had been resolved in a
e satisfactory manner.
Mr. Plummer: With the Manager.
Mr. Smyth: Yes.
Mr. Plummer: The Manager was not here when this university came and made
these pledges to this Commission. I was.
Mr. Odio: But Commissioner, let me may this, I cannot deal with the law. The
contract that they have gives them this space.
Mr. Plummer: Yes, but they broke the contract, in my estimation.
Mr. Odio: Well, that's a question that you have to...
Mr. Plummer: Ah hat
Mr. Odio: That's fine, that's fine.
76 November 17, 19$8
0
Mr. Plummer: What is good for the goose is good for the gander.
Mr. Odio: I've met with them and checked the sales out. We have a report on
the sales bookings at the center since the last three years.
Mayor Suarez: We're really on a motion to defer. I just thought that because
of statements made regarding the University of Miami, they ought to have a
chance to may something. Do you want to add anything, Tony, very quickly?
Mr. Tony Pajares: Mr. Mayor, yes, sir. The whole point of this amendment
number 3 is the fact that when we built the exhibition, the Riverfront Hall,
which is the exhibition part of the center now, we have some space, the
developer owns some space, which we took from them. We've already accepted
the space. Nov, the university had an option to take that space from the City
and pay for it. The fact is that the City has taken the space that belonged
to the developer, so we now are using that space at the Riverfront Hall and
they are entitled to swap that space.
Mr. Dawkins: Well, no, I'm entitled to give it back to them.
Mr. Pajares: Correct, but...
Mr. Dawkins: I mean, you see, but you keep telling me what I must do, but you
don't give me no options as to what I can do instead.
Mr. Plummer: Hey, when they start living up to their obligations, which they
made, I'll live up to mine, but at this particular point in my estimation,
they have not lived up to their obligation.
Mayor Suarez: It sounds like we are going to have between now and whenever we
take this item up on the merits, have the City Attorney and City staff meet
with the Commissioners to convince them, that if in fact we are obliged, and
what the university's redress may be towards us and what we may be able to do
to get them to live up to their projections at least, if not...
Mr. Plummer: And what is our redress against them?
Mayor Suarez: And what is our redress against them, correct.
Mr. Pajares: I just wanted you to understand that we accepted 22,000 square
feet and we gave them 16,000, so we do owe them that space.
Mr. Plummer: We don't owe them anything, at this point. No, they owe us!
Mayor Suarez: That's what I am saying, that we are going to have to have the
City Attorney go over it with each one.
Mr. Odio: When we build the new room, that area was, we had to swap...
Fir. Plummer: You go back and tell me on an annual basis how many
professionals the University of Miami has brought into that facility as they
promised to do.
Mayor Suarez: He's looking at the whole history of the agreement and...
Mr. Odio: I already have a report...
Mr. Plummer: I'm looking at about $3,200,000 a year in subsidy that should
not be paid, that's what I'm looking at.
Mayor Suarez: OK, he's looking at the big picture...
Mr. Plummer: Damn right.
Mayor Suarez: ... and you are looking narrowly at the legal obligations. OK,
we have a motion and a second. Mr. Smyth, before you leave, you might want to
check with the Miami Heat. They seem to be in need of power forward, you
know. After your days at the University of Florida, wasn't it?
Mr. Smyth: Thank you.
77 November 17, 1968
9 0
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 88-1107
A MOTION DEFERRING CONSIDERATION OF PROPOSED AMENDMENT
TO LEASE AGREEMENT DATED JULY 1, 1983 WITH THE
UNIVERSITY OF MIAMI IN CONNECTION WITH ITS OPTION TO
ADD CONFERENCE ROOM SPACE TO ITS LEASED SPACE IN THE
CONVENTION CENTER.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
ATES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
-----------------------------------
40. 5-KILOMETERS RUN EVENT: Grant request to representatives of "Kids in
Crisis" for closure of streets on December 15, 1988 to hold said event.
Mayor Suarez: Commissioner De Yurre, you had a final emergency item before we
end the morning?
Mr. De Yurre: Yes, one quick emergency item and the emergency because we
won't have time before the next meeting to address this issue. I have here
Richard Christopher of Kids In Crisis, that he wanted street closure.
Mayor Suarez: What street closure is it?
Mr. Plummer: Street closure for what?
Mr. Richard Christopher: Five-K run.
Mr. Plummer: Didn't we do that in here? Didn't we do it in the Consent? -
the 5-K run.
Mrs. Kennedy: No.
Mr. Christopher: Not that I know of.
Mr. De Yurre: No.
Mr. Plummer: What street are you talking about?
Mayor Suarez: What date is it and what street?
Mr. Christopher: SE 6th Street and South Miami Avenue.
Mayor Suarez: What date, Mr. Christopher?
Mr. Christopher: December 15th.
Mayor Suarez: Half a day, couple of hours, how many hours?
Mr. Christopher: From 2:00 to 6:00 p.m., just to not up the actual 5-K run
will be 30 minutes.
Mr. Plummer: In the afternoon? Wait a minute.
78 November 17, 1988
r
Mr. Christopher: 4:00 o'clock in the afternoon.
Mr. Plummer: During the height of the traffic?
Mr. De Turre: What day is the 15th7
Mr. Christopher: Thursday.
Mr. De Yurre: Thursday?
Mr. Plummer: Yea, we meet on the 15th. Why do you choose the hours that are
the highest traffic?
Mr. Christopher: We followed the plan of the Manufacturers' Hanover 5-K.
Mayor Suarez: It's a weekday afternoon, 2:00 to 6:00 p.m., December 15th and
the streets are South Miami and...?
Mr. Christopher: SE 6th. We'll be crossing Brickell Avenue at the point of
Brickell Park, right there in that area.
Mr. Plummer: Can't you change the time?
Mr. Plummer: What time do you think that crossover will take place, across
Brickell?
Mr. Christopher: 4:00 o'clock.
Mayor Suarez: If it's 4:00 o'clock, if they are clear by 4:00... 2:00 to 6:00
o'clock, it worries me a little bit. Let me tell you, there is going to be a
major traffic jam there at 5:00 o'clock, if you have the street closed...
major, major, 6th Street and Brickelli Do you want to approve it subject to
police review? - or shortened by the police, if need be? - subjected to the
Manager and the police looking at it?
Mr. Plummer: That's fine with me, but I'm just very concerned about blocking
off Brickell at 5:00 o'clock in the afternoon.
Mr. De Yurre: Actually only during the time of the race. That 5-K is a half-
hour race, tops.
Mr. Plummer: Yes, but if they are asking from 2:00 to 6:00 o'clock, there
must be a reason.
Mr. Christopher: Well, that would be setup time. The actual run is going to
be a half hour.
Mr. Plummer: Hey, I'll leave it to the Manager's discretion.
Mayor Suarez: And the actual run would begin at what time?
Mr. Christopher: 4:00 o'clock.
Mayor Suarez: There is no chance you could move the running to 3:00 p.m.7
Mr. Christopher: We could, if that's...
Mayor Suarez: I would strongly suggest that, because that way people will
have crossed, hopefully, except the stragglers.
Mr. Plummer: Well, make it subject to...
Mayor Suarez: Yes, Dawkins, if he is running, he might cross at 6:30 p.m.,
you know!
Mr. Plummer: Make it subject to, if the race doesn't...
Mayor Suarez: The rush hour will be over by then.
Mr. Plummer: If the race does not start at 4:00 p.m., it's cancelled.
79 November 17, 1988
i
0 0
Mayor Suarez: OK, subject to the recommendations of the Commission, and the
Manager's approval, with Police Department, we're moving it?
Mr. De Turre: Moved.
Mayor Suarez: Second?
Mrs. Kennedy: Second.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner De Turre, who
moved its adoption:
RESOLUTION NO. e8-1108
A RESOLUTION APPROVING THE USE OF CERTAIN STREETS AND
THOROUGHFARES IN DOWNTOWN MIAMI DURING THE KIDS IN
CRISIS 5-K RACE, TO BE HELD DECEMBER 15, 1988 BETWEEN
THE HOURS OF 2:00 P.M. AND 6:00 P.H. , SUBJECT TO THE
ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND
FIRE, RESCUE AND INSPECTION SERVICES; AUTHORIZING THE
POLICE DEPARTMENT TO CONTROL TRAFFIC FLOW ON THE
STREETS TO BE UTILIZED AS PART OF THE RACE COURSE;
FURTHER CONDITIONED UPON ORGANIZERS PAYING FOR ALL
NECESSARY COSTS OF CITY SERVICES 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:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THEREUPON THE CITY COMMISSION WENT INTO A LUNCHEON
RECESS AT 12:04 P.M. AND RECONVENED 2:07 P.M., WITH
ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT
WITH THE EXCEPTION OF COMMISSIONER DE YURRE.
41. PRO FOOTBALL MATCH RACE: refer to Manager for support, slips for
dockage at Miamarina.
Mayor Suarez: OK, Madam Vice Mayor, you had one other item?
Mrs. Kennedy: Yes, Mr. Mayor, we have a great event coming to Miami. It's
Dennis Conner Sports, it is commemorating the second annual pro -football match
race. It is a great race, with football players. Dennis Conner will be
racing, and somebody is going to... Ricardo Vadia is here to make a
presentation with Dave McQuiggin and Bill Trenko.
Mr. Ricardo Vadia: Here I am again, Ricardo Vadia...
Mrs. Kennedy: First of all, they don't want any City money. Let me establish
a precedent, it is a great event for Miami, yes.
80 November 17, 1988
0 0
Mr. Vadis: My name is Ricardo Vadis, 2300 Coral Way. Here I am again. I
think we have a great event. These people coming from Dennis Conner Sports,
they have s to make with HSPN in conjunction with the Super Bowl, which
has been approved by the Super Bowl Committee and the whole thing. I said why
not come to my City and do it, not some private place or stay in San Diego or
whatever, so come on over and maybe we could do it in the City.
Mr. Plummer: Mr. Manager, I sent to you... I'm sorry, you were out of town, I
sent to Sergio... OK, he got sick, we should all do the camel... Mr. Manager,
ESPN came and approached us about having their facilities at Miamarins for the
entire week prior to...
Mr. Odio: No, Commissioner, you mentioned to me that they wanted to build it
high up. Ten, you told me about that.
Mr. Plummer: Ten.
Mr. Odio: Teo, you told me about that.
Mr. Plummer: Where they could absolutely at no cost to the City, using the
marina and the City's skyline as a background, I hope you negotiated that.
Mr. Odio: I have not talked to them at all. They have not contacted us yet.
Mr. Plummer: I gave Sergio the name and phone number of the person to call.
Mr. Odio: He says he is negotiating.
Mr. Plummer: Well please, I mean this is absolutely thousands of dollars of
publicity for the City.
Mr. Odio: Are these two related?
Mr. Plummer: I don't know, but what I've got to let you know in advance.
Mrs. Kennedy: OK, but this show will air on the ESPN and Ted Turner will be
racing.
Mr. Plummer: OK, but that's not the point, Rosario. I didn't want to get any
kind of a jam here.
Mrs. Kennedy: right.
Mr. Plummer: If, in fact, that their facilities, which I had sent to the
Manager, was in fact, going to be conflict, that's why I am bringing it up.
Mayor Suarez: Madam Vice Mayor, what did you want us to do on this item? See
if we can resolve this and move on. What did you want us to do on this?
Mrs. Kennedy: Well, they just have to have the City's cooperation with
Miamarins and Bayside.
Mr. Vadia: And the other thing is the dockage...
Mrs. Kennedy: And dockage.
Mr. Vadia:... that week.
Mrs. Kennedy: Right.
Mr. Vadia: And work, however the City and Bayside would want to do it, for
their mutual benefit.
Mrs. Kennedy: And an area to stage there the whole event, naturally.
Mayor Suarez: What is the date, more or less?
Mr. Plummer: During Super Bowl.
Mrs. Kennedy: During Super Bowl, yes.
Mr. Vadia: 17th and 18th.
81 November 17, 1988
0 0
Mr. Dawkins: Well., what is the bottom line? How much money are you going to
give us? Now such money you want us to give you, or what's the bottom line?
Mrs. Kennedy: No, they are not asking for any money; just the City's support.
Mr. Vedic: It is not money. The only thing that we can offer to the City is
to be included in the special, you know, show the City has much as possible.
Exposure, and then work with the... we are working towards raising $15,000 to
$25,000 from the Cherokee...
Mayor Suarez: How many slips, or how much area are you going to be needing?
Mr. Plummer: It might be in concert.
Mr. Vadia: Eight to ten, eight to ten slips.
Mayor Suarez: I would have no problem recommending to the Manager that they
work with you to see if we can bring this attraction. Keep it in mind that
that may be the height of demand for the marina, I don't... it could be,
because of Super Bowl, but we'd love to have your presence here, and
particularly if ESPN is broadcasting. Do you have that commitment from ESPN?
Mr. Vadia: Oh, definitely. Ted Turner is going to be in the race, no...
Mrs. Kennedy: That's what I'm saying, Ted Turner will be racing.
Mr. Plummer: Fine.
Mrs. Kennedy: OK, so I move to...
Mr. Plummer: You are not even offering us scrambled eggs at 32 degrees in the
morning?
Mr. Vadia: You got everything. You are going to have to wear a tie, black
tie...
Mrs. Kennedy: Oh boy!
Mr. Vadia: ... to especially lead the race, $20,000 for the kids.
Mr. Plummer: You know the Mayor chickened out, OK? You remember he told you
last year that he was going to swim and beat you for the first 50 yards?
Mrs. Kennedy: Yes, but who raced?
Mr. Plummer: I never saw him stick a foot in the water.
Mrs. Kennedy: Tell him, Ricardo, who raced.
Mr. Vadia: You got them, Rosario. That's over the line.
Mrs. Kennedy: I raced!
Mayor Suarez: You put $1,000 to my favorite charity and you are back on this
year.
Mr. Vadia: You got it.
Mayor Suarez: All right.
Mrs. Kennedy: So moved.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Fernandez: And you bet it is not legally binding.
Mr. Plummer: Yards.
Mayor Suarez: Do it and you get that boat started by the time I'm finished
with the 50 yards.
82 November 17, 1988
Mrs. Kennedy: Ricardo, I'll be in your boat.
Mr. Vedis: All rightt
Mr. Plummer: Ricardo, would you check your fingers, please?
Mr. Vadis: I got it.
Mr. Plummer: Oh, OKI (Laughter) _
Mrs. Kennedy: So moved.
Mr. Dawkins: {chat is the motion?
Mayor Suarez: Refer to staff to...
Mrs. Kennedy: For the Manager to work with them.
Mr. Plummer: We transfer the title of Miamarina to Ricardo. He is using it
so much, that's the motion.
Mrs. Kennedy: Second my motion?
Mr. Plummer: I second the motion.
Mayor Suarez: Obviously, Mr. Manager, this all has to be within your
discretionary amount if it involves any costs to the City and otherwise...
Mr. Plummer: No.
Mayor Suarez: OK, well, zero is even better, that definitely within your
discretionary amount. OK, call the roll.
Mr. Vadia: Thank you very much.
The following motion was introduced by Commissioner Kennedy, who moved
Its adoption:
MOTION NO. 88-1109
A MOTION REFERRING TO THE CITY MANAGER REQUEST
RECEIVED FROM REPRESENTATIVES OF DENNIS CONNER SPORTS,
INC. IN CONNECTION WITH ITS "SECOND ANNUAL PRO
FOOTBALL MATCH RACE" FOR (1) SUPPORT, (2) ASSISTANCE
IN OBTAINING 8-10 SLIPS FOR DOCKAGE AT MIAMARINA AND
(3) APPROPRIATE AREA TO STAGE SAID EVENT AT NO COST TO
THE CITY.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: Commissioner Victor De Yurre
COMMENTS MADE DURING ROLL CALL:
Mr. Dawkins: I don't even know what I... I don't care one way or the other.
Mr. Plummer: Did I hear his vote? He's thinking about it?
Mayor Suarez: It's one of those neutral votes.
Mr. Dawkins: I wish I could be neutral and abstain. I mean, it's got to come
back?
Mrs. Kennedy: Ricardo wait, it hasn't passed.
Mr. Dawkins: It has to come back?
83 November 17, 1988
Mrs. Kennedy: No.
Mr. Plummer: It's a resolution.
Mr. Dawkins: No.
Mr. Plummer: The minority becomes the majorityt I vote yes.
42. AIRPORT X"RESS CONSTRUCTION at 112 off I-95 discussion
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: All of you who use the Airport Expressway know that the State of
Florida, in its infinite wisdom, decided to come around and enlarge the leg
that comes off of 95 and goes around to the airport. They have taken that
road and gone right into people's front yards on it, already in 38th Street or
39th Street, and the people...
Mr. Plummer: That is on 112, not I-95.
Mr. Dawkins: I said 112 coming off I-95, and if you ride by there, they got
one lane and if a person has a car, I don't know where they are supposed to
park their car, and you can't even back out of their yards and turn, so I'd
like to know...
Mayor Suarez: You've got all kinds of obstructions too on that ramp.
Mr. Dawkins: That's right, so I'd like to know from Public Works, or
somebody, and the City Attorney how to stop that construction until these
neighbors are given some kind of relief, even if it means me going back and
making that street in front of people's houses, back to two-way highway. I
mean, they have just literally come along and took the highway and put it in
people's front yards.
Mr. Jim Kay: This is of course, a State contract and we would have to return
to the State to get some sort of authorization to right whatever is wrong
there at that particular spot. I don't see anyway to stop the contractor at
this point here, once which you have an ongoing contract.
Mr. Dawkins: OK, well, what do you do in a case when the citizens has been
wronged and the State of Florida, somewhere along the line, you get monetary
damages or something. I mean, I have no problem with you telling me that the
State of Florida, or the U.S. government has a right to make a road usable,
but I do have a problem when you tell me that the citizen who has paid taxes
all these years on that property has no right and no recourse when they come
and take away his rights. Now, OK, can you give me a ruling or something?
Mr. Fernandez: Yes, individual citizens have the right to be compensated for
any takings that the government, any government does with their property, so
if the State of Florida has infringed on their property to which they have fee
simple, they have no...
Mayor Suarez: What about on ti:eir street that we administer? A street that
is...
Mr. Dawkins: See, they didn't come on their property.
Mayor Suarez: Yes, I just...
Mr. Dawkins: You've got a street here, OK? - and it had four lanes. The
Federal government, somebody comes along and closes into one lane, OK? The
people's houses are right here, looking right at this big wall going up this
highway, OK? - no sunshine and no nothing and we always talking about a light
plane. They don't know nothing about light planes, when it comes to building
roads, so these people now, have a big wall to look at and they can't back out
of their houses and turn around.
84 November 11, 1988
Mr. Fernandez: That may constitute a taking under some cases, depriving a
property owner of access t.o light and access to ventilation and the like gives
them an entitlement...
Mayor Suarez: Would you check that out and report back to the Commission?
Mr. Fernandez: Tes, I will.
Mr. Dawkins: And I will go down with the TV cameras and at the next meeting,
I will have a TV taping to show you how this is infringing on these people's
rights.
Mayor Suarez: That will be very helpful to just what the impact is.
Mr. Dawkins: I'll work with you sir, so that you can help me, and also I
would like you to set up a meeting with who ever from the Department of
Transportation is in charge so that you and I will not waste our time. Then
when we get to him, you tell us about, we are blowing smoke.
Mr. Odio: Jim Taylor. You know, Commissioner Dawkins, one more time, I think
I mentioned it once before, that the County Board of Commissioners constitute
themselves into a planning board, deciding where the highways are going to go
in the City of Miami.
Mayor Suarez: The MPO.
Mr. Odio: Right, and we have no participation whatsoever and I still think
that somehow we should demand that one of you, or more, in that MPO...
Mr. Plummer: The Legislature just created two new positions on each MPO, one
for a City official and I forget who the other one is, why haven't we taken
advantage of it?
Mayor Suarez: I think one appointed by the Governor maybe, huh?
Mr. Plummer: The Legislature did that in the last session.
Mr. Odio: I'll ask the City Attorney to look into that.
Mayor Suarez: Better advise us to that so that we can put pressure and make
sure one of our own members gets appointed to MPO.
Mr. Dawkins: What date is this going to come back to us?
Mr. Kay: I think we can come back December 15th.
Mr. Dawkins: December 15th? OK, schedule this at 6:00 o'clock in the
afternoon so that I can get some buses down here of all those working people
and we are going to load the buses us and bring them down here at 6:00
o'clock.
Mayor Suarez: At 6:00 p.m. on the 15th, please report back.
Mr. Dawkins: Do you want to say something, Mr. Rolle? Do you want to say
something?
Mayor Suarez: Is it 40, it is not 38?
Mr. Herman Rolle: No, it is 40th Street and loth Avenue.
Mayor Suarez: Why don't you put your name in the record so that we have that.
Mr. Rolle: My name is Herman Rolle, address is 1037 NE 40th Street. There is
a wall in there that we can't even back out of there.
Mayor Suarez: So we were talking about 38th Street, it should have been 40th
Street, right?
Mr. Rolle: 40th Street, right.
Mayor Suarez: OK.
85 November 17, 1988
Mr. Rolle: And they are proceeding about doing some work starting next week,
so I hope they can...
Mr. Plummer: Is that your house, one of them?
Mr. Rolle: Yes, it is, Mr. Plummer.
Mr. Plummer: And what is the actual address?
Mr. Rolle: 1037 NE 40th Street, sir.
Mayor Suarez: OK, you've heard some discussion here as to the possibility of
some legal recourse that you individually may have, if some of your property
In effect is being taken by blocking of the sun, or light plane, or God knows
what else, ventilation, so we can't legally advise you on suing the State, but
you've heard some of the discussion between the Commissioner and the City
Attorney, so maybe ought to be considering looking at it legally.
Mr. Rolle: OK, but like Commissioner...
Mayor Suarez: But we are going to look at it as the City, you know, to
make. . .
Mr. Rolle: Well, like Commissioner Dawkins stated before, there is a wall
there that runs down in there, which we cannot even back out of here and they
are talking about proceeding and doing the work next week and I hope that it
can stop it until you all see it.
Mr. Dawkins: You know, Mr. Rolle, we aren't going to be able to stop this, I
mean, I'm not going to let... I hope you don't leave here with the false
Impression. See, this is the State of Florida, with Federal dollars and if
they don't utilize the Federal dollars they'll probably take them back, so
even if we attempted, they'd go get a court order that would stop us from...
and when we get through going through court, the road would be finished, so
what we have to do is two things - attempt to get some relief for your having
been denied your access, and to let them know that they just can't come in my
neighborhood and your neighborhood and do what the hell they want and we don't
fight about it, all right?
Mr. Rolle: Thank you very much.
Mayor Suarez: Thank you sir.
43. HUGHES, HUBBARD, AND REED (ATTORNEYS) TO SERVE AS SPECIAL COUNSEL TO
DEPARTMENT OF OFF-STREET PARKING.
Mayor Suarez: Item 18, appointing by City Attorney of a law firm.
Mr. Plummer: How long a period of time?
Mayor Suarez: And what is the maximum compensation too, while you are at it.
Mr. Fernandez: All right. In the packet that was attached to the resolution,
there was a proposal, a letter from Hughes, Hubbard and Reed which is really a
proposal. Since they've submitted this letter, we have had several
conversations and of the five items which we had one time thought that we may
need their assistance, we have limited those to two. So bottom lining it, we
are really looking at a transition period of no more than three or four months
and we are asking the City Commission to authorize me to appoint them as
special counsel, with a cap, with an amount certain that I have to spend, and
if I can do it for less than that, I certainly will try to bring it in.
Mrs. Kennedy: What is the cap now?
Mr. Fernandez: I would ask the City Commission for an amount between $30,000
to 440,000.
Mayor Suarez: For my vote, $30,000.
86 November 17, 1988
Mr. Plummer: Well, let we ask s question.
Mayor Suarez: And even that's high.
Mr. Plummer: You know, we now have an election which said that the City
Attorney's office is in fact the attorney for the Department of Off -Street
Parking. Why is the City Commission, out of its General Fund paying anything?
Mr. Fernandez: No, this City Commission is not paying for it. The Department
of Off -Street Parking is responsible for paying these fees.
Mr. Plummer: Well, why are we asked to approve it7
Mr. Fernandez: Because that's the way that the ballot language read, that any
expenditure for legal work would have to come to you. After I recommended to
their board, their board approves it and it must come to you for final
approval.
Mr. Plummer: If that's what it says.
Mr. Fernandez: It. does.
NOTE FOR THE RECORD: Commissioner De Yurre entered the meeting at
2:24 p.m.
Mayor Suarez: What are the two projects that you are estimating that they'll
have to be working on, because as I understand it, yesterday they abandoned,
before the Commission even gave its final vote on either for or against, they
have abandoned their commitment on one of the projects they've been pushing
for like two years, which is incredible to me that the would not wait until we
took final action, and I'm referring to the Gunman Olympia renovation. I
don't know why the would have moved on that yesterday. I think you were
present, weren't you?
Mr. Fernandez: Yes, I was, and they did not necessarily abandon it, they
merely are referring it back to the City Commission with...
Mayor Suarez: But they abandoned their commitment to occupy 25,000 square
feet.
Mr. Fernandez: Yes, in essence.
Mayor Suarez: And this Commission was having a tough time with the idea that
we had to commit to 35,000 square feet altogether, 25,000 that agency, and
10,000 us, and they have abandoned their own 25,000 after they have
recommended this project to the City. We went out for bids, we spent two
years on it and yesterday they just simply said, guess what, we can't even
commit to our 25,000 square feet.
Mr. Fernandez: They find that their financial situation is such that they
cannot continue their commitment to all of the projects that they have in fact
undertaken and the nature of their decision yesterday...
Mayor Suarez: And in the meantime they are paying attorneys to represent them
In all of those negotiations that...
Mr. Plummer: Well, let's remember in that one particular case, Mr. Cardenas
stood before this Commission and made a flat statement, that applying for that
loan, which I don't know if we ever got, or we didn't...
Mr. Fernandez: Yes, we did.
Mr. Plummer: OK, that at no time if this City backed out, would we be out 10
cents.
87 November 17, 1988
Mayor Suarez: I'm sorry, I mean the attorneys that. they have been using and
this is one of the projects for which I am sure they Mould have justified some
of the attorney's fees that they have been paying out of that. agency all this
time.
Mr. Fernandez: Yea.
Mr. Plummer: No, no, he Mould pay for all expenses.
Mayor Suarez: His own.
Mr. Plummer: No, no, alli
Mayor Suarez: No, I'd hope that we can recover some attorneys' fees, but I
don't... we'd have absolutely no right to get a penny out of it. He's going
to argue the opposite. He going to, well, I won't say what he is going to
argue, but Commissioner...
Mr. Plummer: Ten, you go pull the minutes and see what statement he flat out
made.
Mayor Suarez: Well, but the incredible thing is that here they are
negotiating on the basis, I mean they are paying attorney's fees on the basis
that they have five, six, seven projects going, and they abandon one without
waiting for the Commission to make up its mind on it, even, that's incredible.
Mr. De Turre: Look, didn't they know they had all these projects going on
back then when they committed to the 25,000?
Mr. Plummer: Sure they did. Well, but you know, I can tell you what their
arguments. Dobb's argument is going to be. These were ongoing projects before
the City of Miami took its $5,000,000 surplus, which were addressing those
projects. We, the City, took $5,000,000 from them and left them in the lurch.
I'm sure that's going to be their argument.
Mayor Suarez: $5,000,000? $500,000 is what you mean.
Mr. Plummer: For more than... a period of time, it was more.
Mayor Suarez: One year so far, we've gotten from them.
Mr. Plummer: Well...
Mayor Suarez: Anyhow, to me this is an indication that they had even less
projects to work on. How many are you proposing that you need?
Mr. Fernandez: Only two projects.
Mayor Suarez: Which are those?
Mr. Plummer: What are the two?
Mr. Fernandez: The two projects are the Coconut Grove Playhouse project.
Mayor Suarez: Which will be awfully close to being completed, I mean...
Mr. Fernandez: Except... yes, but the point...
Mayor Suarez: We've been working on that once since time immemorial.
Mr. Fernandez: And they are committed to following through with that and the
other project is the lot 10 transaction with the State of Florida, the Jackie
Bell project over there where the State buildings are located in front of the
Police Department, the building of a parking structure there with other uses,
with adjacent...
Mayor Suarez: And in negotiations essentially with a State agency we have to
paying private attorneys so that an agency of the City can negotiate with the
State of Florida for a parking facility? Wow!
Mr. Fernandez: They have been working on this project for the past year and
one-half plus, and we are, ourselves, getting vary much involved in this, but
80 November 17, 1988
9 9
we feel that in order to get caught up and really understand what is happening
with this multi -party transaction, because there is private developers, the
State of Florida, the City...
Mayor Suarez: You are not requesting monies to pay attorneys in connection
with the Latin Quarter Specialty Center, I hope, because...
Mr. Fernandez: No, no they are not.
Mayor Suarez: ... at the speed that they have been going on that, you know,
I'd represent them pro bono.
Mr. Fernandez: It wouldn't be them that would require, or that would request
your approval on this, it would be my determination and my recommendation to
them, as well as then after they approve my recommendation, I must come to you
and also get your approval on that.
Mrs. Kennedy: I'll tell you, I would feel much better with a cap at $30,000.
Mr. Fernandez: I have no problem with that.
Mayor Suarez: I'll entertain a motion on the appointment with that cap and
I'll vote for it with that cap.
Mrs. Kennedy: So moved.
Mayor Suarez: So moved. Does anybody want to second? Commissioner, are you
for it at all?
Mr. Plummer: I don't think it is necessary.
Mayor Suarez: OK, we've got a motion to hire the firm with a cap of $30,000.
We've got no second.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Fernandez: I would like for the motion to read, Mr. Mayor, that
authorizing the City Attorney to engage the firm in an amount not to exceed,
because if I can do it for less than that, I certainly will.
Mayor Suarez: Correct.
Mrs. Kennedy: Absolutely, that was the intent of the motion.
Mayor Suarez: Does that satisfy any third vote, otherwise there is no need
to...
Mr. Plummer: No, I'll go along with that.
Mayor Suarez: OK, so that's a second I guess?
Mr. Plummer: I guess.
Mayor Suarez: And try to keep it to as little as possible, particularly if
these projects don't get going, I mean, otherwise I don't see why we have to
pay attorney's fees. Anything else from the Commission on it?
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-1110
A RESOLUTION APPROVING THE APPOINTMENT BY THE CITY
ATTORNEY OF THE LAW FIRM OF HUGHES, HUBBARD AND REED
TO SERVE AS SPECIAL COUNSEL ON THOSE PROJECTS AS MAY
BE ASSIGNED BY THE CITY ATTORNEY, WITH MONIES THEREFOR
IN AN AMOUNT NOT TO EXCEED 430,000 TO BE PROVIDED FROM
SAID DEPARTMENT'S FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
89 November 17, 1988
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
C0MMENTS MADE DURING ROLL CALL:
Mr. De Yurre: I've got to vote no. ...(inaudible)... to cut down on
attorney's fees and I have to vote no on this.
Mayor Suarez: I'm going to vote yes, but I hope that is the end of it and we
go in-house after that point.
COMMENTS MADE AFTER ROLL CALL:
Mr. Plummer: No, no, no, do it positive. Mr. City Attorney.
Mr. Fernandez: Yes.
Mr. Plummer: That is the end of it. Don't come back.
Mr. Fernandez: You got it.
Mr. Plummer: No, that's Toyota.
44. PORT OF MIAMI AGREEMENT WITH COUNTY FOR FIRE, RESCUE SERVICES: defer
consideration of correction of scrivener's error
Mayor Suarez: Item 19, correcting scrivener's error, I entertain a motion on
this.
Mr. Fernandez: Yes, this is also our item. Here there was a scrivener's
error inserted in the title of the resolution that you passed. The City and
the County have reached an agreement and we represented that erroneously in
the resolution you passed. By passing this resolution, you are curing a
scrivener's error.
Mr. Plummer: But wait a minute, I think there is a more important question
here.
Mr. Fernandez: Yes.
Mr. Plummer: Do we want this to prevail in this contract where they are not
responsible for any Workmen Camp claims?
Mr. Fernandez: Well, that has already been negotiated and this City
Commission passed that. This City Commission approved that contract already
by resolution number 88-793.
Mr. Plummer: According to what I'm reading here, that is the error.
Mr. Fernandez: No, the error is that it was left in there, because at one
time that's what we were negotiating.
Mr. Plummer: No, no, that is what we passed.
Mr. Fernandez: No, no, what you passed at the time that the contract was
presented to you, was correct and it was represented to you that the County
would be paying a sum certain to the City for these services.
Mr. Plummer: Jorge, you are not listening to me.
Mr. Fernandez: OK.
90 November 17, 1988
Mr. Plummer- What we passed Man that the County would assume those claims.
That's what this, the Commission, not what you negotiated, not in the
contract, what we passed.
Mr. Fernandez: No, that is not what you passed.
Mr. Plummer: They are paying for all workmen's comp claims.
Mr. Fernandez: Well, they are paying what we are charging them. We made a
thorough study through our risk management process, and we determined, looking
at historical figures of accidents that have occurred over there, that a
certain amount of money would amply protect the City for any workers'
compensation accident occurring in the future.
Mr. Plummer: How are they going to compensate this City? - on a per claim
basis?
Mr. Fernandez: No, no, they are giving us a sum certain every year, I believe
is...
Mr. Plummer: And how much is that certain sum?
Mr. Fernandez: I believe it is $40,000 a year.
Mr. Plummer: $40,0007
Mr. Fernandez: Yes.
Mr. Plummer: One claim could knock that out.
Mr. Fernandez: We understand that.
Mr. Plummer: Then I don't want to do it!
Mr. Fernandez: It's already been done. It's already agreed upon.
Mr. Plummer: No, no, this Commission did not approve it.
Mr. Fernandez: Yes, it did. I can pull the record and I can show the
Commissioner...
Mr. Plummer: You are telling me that on a contract with the County, which I
feel, under mutual aid, they should assume all workwens' comp that is created
by their demand for service; that the only thing you are setting aside is
$40,000. My friend, somebody didn't negotiate well.
Mr. Fernandez: The Administration, the Fire Department and our Department sat
with the County and we negotiated...
Mr. Plummer: I am not voting to let them off the hook! One claim in
workmen's comp, especially if a death occurred, could wipe out $40,000, like
that Nov, that is not fair to the taxpayers of this City to ask them to pick
up the difference.
Mr. Fernandez: This item was presented for Commission approval with a
contract attached and the contract that was attached to the resolution was
very clear that that is the nature of the argument.
Mr. Plummer: Jorge, are you telling me that there is absolutely nothing I can
do?
Mr. Fernandez: Yes.
Mr. Plummer: That's what you are telling me?
Mr. Fernandez: Yes.
Mr. Plummer: Then who wrote this contract, because I want to see that they
are fired. It's just that simple. I can't fire them, but I've got the right
to ask the Manager to do it. Whoever wrote that contract to let the County
off the hook for $40,000 in workmens' comp for a year, somebody needs to go!
91 November 17, 1966
They are not negotiating in my behalf. One claim alone could knock out that
which has been agreed to be paid upon. Nov, whoever the negotiator was, in my
estimation needs to got Let's get one who is negotiating for the taxpayers
because that's not the case. Mr. Mayor, I ask this matter, so I don't tie up
the Commission, be deferred.
Mayor Suarez: Moved to defer the item 19, do we have a second?
Mr. Dawkins: Second.
Mayor Suarez: Seconded, any discussion? Call the roll.
MOTION TO DEFER
UPON MOTION DULY MADE by Commissioner Plummer and seconded by
Commissioner Dawkins, this item was deferred by the following vote
of the City Commission:
ATES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS DURING ROLL CALL:
Mr. Pli=ner: For deferment, yes.
45. ASIAFEST: discussion regarding surcharge at Bayfront Park and
presentation.
Mayor Suarez: I want to recognize Congressman, former candidate for President
of the United States, Phillip Crane. I think you are the father of about
eight children too, if I remember correctly and he is accompanied today by...
and he is accompanying the Indonesian ambassador to the United States, His
Excellency, Abul Rachman Ramly; the economic counselor to the United States
from the Embassy of Singapore, Yoke Kwang Lee, I hope I am pronouncing these
reasonable close; and the director of Malasian Industrial Development
Authority of New York, M. Suppiah; Philippine Trade Commissioner to the
Americas, Luis Garcia, we are pretty good at pronouncing those here in Miami;
and counselor, the Embassy of Thailand, ... I won't even try that one, Pradap
Pibulsonggram, and of course, Burton Wolfe. You've got an item, I believe, on
clarification or something, and if you want to introduce the guest, so we can
get this done fairly quick. As happy as we are to have the Congressman here,
I want you to know that we meet for about 12 straight hours, typically, on a
Commission day, handling anywhere from 80 to 110 items, and so, and each of
those sometimes involves more than one procedure, or substitute motion, so it
gets a little tiring at the end of the day.
Mr. Burton Wolfe: I just want to thank these people because they participated
In the Asiafest Business Consortium, which is being videotaped and broadcasted
to embassies around the world, so if you would all stand up, we'd like to
acknowledge you for participating in this. Thank you so much. Just a little
Item, Mayor, it has to do with the surcharge relevant to the tickets for the
Asiafest event. We were told about the surcharge eight days ago. We didn't
know about it at all and as you know, the tickets were printed and the press
and everything has gone out with the $5.00.
Mayor Suarez: What facility is that, I forget?
Mr. Wolfe: At the Bayfront Park.
Mrs. Kennedy: Bayfront Park.
Mayor Suarez: OK, can we not waive that?
92 November 17, 1988
�I
Mr. Dawkins: Hold it now, what's this, I'm sorry.
Mayor Suarez: For the Asiafest, for the use of the amphitheater.
Mr. Dawkins: You know, I am going to tell him just like I told him the other
day. Somewhere along the line, it has become his responsibility for Asiafest.
He can't come down here every time there is another expenditure that...
Mr. Volfe: But Commissioner, we were not told about this surcharge.
Mayor Suarez: Please, listen.
Mr. Dawkins: He cannot come down here every time that he finds that he needs
another dollar and comes to the City of Miami Commission and get itt I mean,
somewhere along the line... I can't help whether he was told about it or not,
that's poor planning on your part,
Mr. Wolfe: No, not on my part.
Mr. Dawkins: All right then, but don't blame me, air, if you did not know
that you know this, somewhere along the line, this Commission has to say
that's his Asiafest, or it's ours.
Mr. Plummer: Mr. Mayor...
Mr. Dawkins: You know, I am for helping as much as we can, but...
Mr. Plummer: ... in the interest of dignity, may I suggest sir, that you take
your guests and come back later this evening and we'll discuss the matter?
Mr. Wolfe: I'd rather take care of it now.
Mr. Dawkins: Let's do it now, I mean if you are going to give it to him, I
have no problem with it, J.L.
Mr. Plummer: Be my guest.
Mr. Dawkins: I have no problems, but I am just saying that either you have to
tell him that this is the last time, or that he can come anytime that he wants
or figure out that he needs another dollar, that's all I'm saying.
Mayor Suarez: What is the issue as it applies to Bayfront Park? I frankly
never thought that we were going to be applying $1.00 per seat surcharge to a
facility that is supposed to be essentially for public use, but...
Mrs. Kennedy: What they are asking, Mr. Mayor, is to waive the surcharge.
The only concern that I have, and let me first of all, Burton, congratulate
you. This is coming along great through a lot of blood, sweat and tears and a
lot of your efforts and it is a great...
(Audio Noise)
Mr. Dawkins: That's a message.
Mrs. Kennedy: Is that Miller Dawkins who pulled the bottom? It is a great
opportunity to have business and the cultural entities together in Bayfront
Park. However, my concern is...
Mr. Dawkins: Hold it right here. Let me say something. Every time you come
and Miller Dawkins says something, he's anti -cultural... Now, the mere fact
that you ■aid this is cultural, and I am against it, it makes the public and
the world think I'm anti -cultural.
Mrs. Kennedy: No, because I'm going to take your side, so don't...
Mr. Dawkins: But I have to put it on the record that I am not anti -cultural,
and put it in the record so that when it comes out in the paper in the
morning, it will not say that every time something comes up cultural, Biller
Dawkins is antit Thank you, that's all.
Mr. Plummer: We know that, but that's not the point.
93 November 17, 1908
Mrs. Kennedy: The point is that you know, this can establish a precedent for
other facilities and that's my concern and that's why I told you Commissioner
I'm on your side, and Burton, you and I have worked together very strongly on
this, but that's any only concern, that it can really hurt us financially.
Mr. Wolfe: You need to know that this event has grown in stature for the
benef it of the City and the State and the United States and once a price is
published, it was eight days ago that we were told there was a surcharge.
Very, very unfair to know that after the public throughout the State, and the
United States knew a certain price, to tag on another 50 cents.
Mr. De Yurre: What. is the price we are talking about?
Mr. Wolfe: It's $5.00 is the price that has been established and then we were
told that we had to have a surcharge of another 50 cents.
Mr. De Yurre: When are they going to purchase the tickets, at the gate?
Mr. Wolfe: They are purchasing them at the gate and in advance through
Ticketmaster. And then if we were to take that from the great expense of
this, we won't be able to produce this again next year.
Mr. De Yurre: How many tickets have been sold already?
Mr. Wolfe: I really don't know that, and I can tell you that usually with an
event like this, it is at the gate.
Mr. Plummer: Well, let me ask a question. Have we not already given you
$30,0007
Mr. Wolfe: You have given me $30,000. It doesn't impact on a surcharge of an
additional 50 cents.
Mr. Plummer: No, but I'm saying that the City has given you already for the
Asian Fair, $30,000.
Mr. Wolfe: That's correct. That $30,000 doesn't represent one/one hundredth
of the cost of this.
Mr. Plummer: Yes, but mean, how much can the City be expected to give and to
give and to give, I guess is really the question.
Mr. Wolfe: Well, the question that I have is there a surcharge imposed after
the effect, after... I just learned of this about eight days ago. I believe
Ira Katz, you can qualify this yourself.
Mr. Ira Katz: First of all, Commissioner Plummer, let me just clarify for you
that the City at this point has committed $30,500, which is the highest of the
festival ordinance funding for this year, in this fiscal year right now. In
addition, Mr. Wolfe, we informed him and asked him to go on the record...
Mr. Plummer: Excuse me, Mr. Wolfe asked a question of you, Ira. Would you
answer the question first and then you can editorialize all you want.
Mayor Suarez: Yes, and 1 didn't think that we had asked you to give us all
these opinions, I mean...
Mr. Plummer: The question is, you notified him eight days ago, is that
correct?
Mr. Katz: The reason why he received notice eight days ago was...
Mr. Plummer: Is that obviously a yes, or a no, answer?
Mr. Katz: Yes.
Mr. Plummer: Thank you. Now go ahead and editorialize all you want.
Mr. Katz: Let me Justify why he received notice eight days ago. Mr. Wolfe
was told to ask for the surcharge waiver when he came back before the
Commission in July. The Law Department...
94 November 17, 1968
Mr. Wolfe: Wait a minute, we weren't told about a surcharge at all.
Mayor Suarez: Wait, wait, air, wait, Mr. Wolfe, please. Even in the U.S.
Congress, they maintain a certain amount of procedural regularity.
Mr. Plummer: I question that!
Mr. Katz: OK, in addition, when it was ruled by the Law Department that this
surcharge was not to be included in the $30,500, or to waivers, this is when
this became an issue and that's after the ruling by the Law Department.
Mayor Suarez: OK, and we did make a modification in the ordinance, a very
recent modification in the ordinance, in fact, November 3rd. It probably is
not effective yet and that one excludes certain things. Unfortunately, the
definition of the exemptions, the general exemptions as opposed to the
specific ones that we exempted. There is something here that might
conceivably bring this sort of festivity under it, but it doesn't quite,
because it really refers to official, celebratory, or ceremonial dinners and
banquets and so on, and to the extent that we continue to make this more and
more an official function, it becomes a City event and what the City
Commission is saying that may as well go ahead and just have it be a City
event and it really isn't that, it in a privately sponsored function and I
don't know, unless the Commission wants to pass an emergency ordinance today,
waiving this requirement, that would be the only way. Procedurally again,
that takes four out of the five members of this Commission, and that might be
a little tough, Burton, but otherwise, we'd want to tell you that we are
extremely supportive. I think we've shown you that and whatever happens today
on the vote on this matter that we, you know...
Mr. Dawkins: And I'd like to say, Mr. Mayor, also that you're to be commended
for the job that you have done...
Mayor Suarez: Yes...
Mr. Dawkins: ... don't think that nobody up here does not realize how hard
you've worked and how dedicated you are.
Mr. Wolfe: Right, I just want to be able to do the job again next year.
Mr. Dawkins: All right, now, but so we also have to say to you that we admire
you but somewhere along the lines here...
Mr. Plummer: I want to see a memo of justification. If not, I got to
embarrass somebody.
Mr. Wolfe: I appreciate and understand what you're saying. The first year of
an event is always the hardest one, as you all know. And people say, we love
this event, it's great for American, it's great for Asia, let's see you do it.
So, we're doing it now and in the next year, I know we'll be able to get more
support, national support, international support to do year two. But we need
to be fiscally responsible with year one to get to year two. We've made magic
happen on a very, very limited budget. I'm asking you to help me get through
this year one and then I pledge I have no problem with the surcharge. Add on
as much surcharge next year as you like, just give me advance notice so I can
build it into the ticket price and cover the expense.
Mayor Suarez: What is the ticket price that you have set and presume...
Mr. Wolfe: Five dollars.
Mayor Suarez: And you've sold these already?
Mr. Wolfe: That's correct.
Mayor Suarez: I sie an they're not sold, I guess I meant you've printed them
already.
Mr. Wolfe: No, they've been sold also. They've been sold today, they've been
sold in advance sale. So, I'm only asking that you assist us to get through
this year and then next year, we have no problem with the surcharge. It's
just unfortunate that we were told about it. If I had known in advance, I
would have built that into the $5.00 ticket...
95 November 17, 1988
0 0
Mayor Suarez: Well, you would have know, I guess, is our argument, if you had
asked what percentage, if any, of your charges have to go to the City and they
would have told you that, you know, we have the $1 surcharge.
Mr. Wolfe: Well, it was Just an issue that was never brought to our
attention, right.
Mayor Suarez: And that you never asked about. Either way, it could have...
Mr. Wolfe: Well, I haven't asked about the universe at large either in
advance, right.
Mr. Plummer: Well, now, wait a minute, let's make something clear. Mr. Katz
Is saying that he informed you in July...
Mr. Wolfe: That is not true.
Mr. Katz: I want to state that I informed that any fee waiver should be
brought to the Commission's attention in July when they came up here and asked
for everything from police security to fire to everything and including
permits. And the language at that time was interpreted later by the Law
Department, which took about 20 days to interpret because they had to have
some lawyers look at it, and we finally got a legal interpretation that this
surcharge had to be charged, there wasn't as part of the waiver of the
$30,000. So, as soon as I was informed, I then in turn, informed the
promoter.
Mayor Suarez: OK, Commissioners, it's a policy decision obviously and it's up
to the Commission.
Mrs. Kennedy: Burton, you...
Mayor Suarez: In any event, we still support your fast and so on.
Mrs. Kennedy: You and I have worked very closely on this event to make it a
reality, but unfortunately, I have to vote against this.
Mr. Plummer: Well, no, no vote means...
Mrs. Kennedy: Well, OK.
Mr. Plummer: ... no vote, no motion means that there's no waiver. It would
have to be a positive motion.
Mayor Suarez: Please, if there's no motion and we don't have a solution
forthcoming from the City on this particular problem, the predicament that
you're in, don't hesitate to contact us individually to see what support can
be obtained from the private sector. We have many, many private sector
entities, I think would be interested in resolving it if this could mean, by
any chance, that you wouldn't go through with the program.
Mr. Wolfe: Thank you all. Thank you Commissioners. Your support has been
felt. It's a great City, I'm glad to be here. You know I've moved here and
we have a great event and I think we put on a good show for our guests, so...
Mrs. Kennedy: Wait, we have a proclamation for you.
Mr. Wolfe: Oh, wonderful.
Mr. Dawkins: It's really - I want the guest to know, this is no show. This
is business.
Mr. Wolfe: That's right.
Mr. Dawkins: Business as usual, OK?
Mr. Wolfe: Right.
Mr. Dawkins: All right, thank you, air.
96 November 17, 1988
01,
Mayor Suarez: It's kind of a Republican mentality that we have that we're
very tight with the money that the taxpayers....
Mr. Plummer: Wait a minute, wait, whoa, whoa, whoa. You speak about the
Republican mentality that you have, don't speak for me.
Mayor Suarez: On this issue, it's a Republican mentality that I think
particularly affects the Commissioner all the way to my left although he
doesn't acknowledge that, if that means being tight with our resources, you
know. In any event, we'd like to recognize all of you and present to you
these certificates and proclamation for AsiaFest and I'd like to...
Mr. Dawkins: Mr. Wolfe, Mr. Wolfe...
Mr. Wolfe: I will distribute them back at the hotel.
Mayor Suarez: Great and thank you, Mr. Wolfe.
Mr. Wolfe: And we really appreciate your support. Thank you so much.
Mayor Suarez: All right, air.
Mr. Wolfe: Thank you.
Mayor Suarez: Congressman.
Mrs. Kennedy: Welcome, Congressman.
Mr. Plummer: Nice to have you here.
Mrs. Kennedy: Welcome.
Mr. Plummer: Thank you, sir. My pleasure.
Mayor Suarez: I'd like to recognize Congressman Phil Crane who had a
statement to make.
Congressman Phillip Crane: Thank you, Mr. Mayor. I just said that I wished
that the Congress of the United States exercise the same degree of frugality
that you Commissioners have done on behalf of the City of Miami. Keep up your
good job.
Mayor Suarez: Congressman, as you divvy up the trillion dollars in the
federal budget this year, please don't forget the City of Miami and...
Congressman Crane: Well, better that you keep your dollars here and don't let
them get to Washington in the first place.
Mayor Suarez: Very good.
Congressman Crane: They take a brokerage fee of about 20 percent off the top
before they return our money to us. So keep up your good job.
Mr. Plummer: That's legalized laundering.
Congressman Crane: Yes, it's legalized laundering.
Mayor Suarez: Good luck with the deficit too I might add.
Congressman Crane: Thank you.
1
97 November 17, 1988
66. MICROCOMPMRS FROM BURROUGHS (NOW UNISTS) CORPORATION: approve purchase
with proviso Computers Department computerize Personnel Department.
Mayor Suarez: Item 20.
Mr. Flumoer: Move it.
Mayor Suarez: Moved. Do we have a second?
Mr. Dawkins: What is it, what item...
Mayor Suarez: Item 20, microcomputers peripheral equipment.
Mr. Dawkins: Hold it, hold it, hold it. Now, you told me that number 16 was
1/12th the budget, right? Now you come over here with another $14,000 -
$15,000, how is that... if four sixty-eight was 1/12th of the budget...
Mr. Plummer: It's thirty-seven thousand.
Mr. Odio: These are work stations for the Planning Department and its in the
budget in the Planning Department, Commissioner, not in the computer.
Mr. Plummer: It's for individual...
Mr. Dawkins: But, you see, we were told we were going to spend 1/12th of all
monies allocated to computer center.
Mr. Odio: To the Computers Department. Yes, this is allocated to the...
Mr. Dawkins: We didn't say we were going to go stick it in each department
and get around the 1/12th.
Mr. Odio: I'd like to defer this item, Commissioner.
Mr. Dawkins: No, no, no, no. I'm not going to defer it.
Mr. Odio: Well, this is not the Computers Department budget, Commissioner.
This is the Planning...
Mr. Dawkins: OK, all right, I'm going to tell you now, I move it. And I move
it with the understanding that if you people, and that's you and your
department, do not have in front of us on the 15th your method of
computerizing the Personnel Department, I'm going to move that you not be
allowed to spend one penny.
Mr. Plummer: Sir, they could give you that plan today. What you want...
Mr. Dawkins: Is execution.
Mr. Plummer: ... is the implementation.
Mr. Dawkins: That's right. Well, they understand what I want now. OK? I
move it.
Mayor Suarez: Moved. Do we have a second? Seconded. Any further
discussion, call the roll.
98 November 17, 1988
The following resolution was introduced by Commissioner Dawkins, who
sioved its adoption:
RESOLUTION NO. 88-1111
A RESOLUTION APPROVING THE PURCHASE OF ADDITIONAL
MICROCOMPUTERS AND PERIPHERAL EQUIPMENT FROM BURROUGHS
CORPORATION, NOW UNISYS CORPORATION, UNDER AN EXISTING
DADE COUNTY CONTRACT FOR THE ENHANCEMENT OF EXISTING
COMPUTER SYSTEMS IN THE PLANNING DEPARTMENT; AT A
PROPOSED COST OF: $37,010 FOR THE PLANNING DEPARTMENT
OVER A PERIOD OF FIVE (5) YEARS WITH A FISCAL YEAR
1988-89 PAYMENT OF $14,850.00, ALLOCATING FUNDS FROM
THE DEPARTMENT'S FISCAL YEAR 1988-1989 GENERAL FUND,
ACCOUNT 380246-840-125001 FOR THE AMOUNT OF $8,960.00;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THE
EQUIPMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
47. NORTH DISTRICT POLICE SUBSTATION: defer consideration of bids for
furnishings (See label 63)
Mayor Suarez: Item 21.
Mr. Odio: It was withdrawn.
Mr. Plummer: How much was projected?
Mr. Dawkins: Huh?
Mr. Odio: Withdrawn.
Mr. Dawkins: Twenty-one, why was 21 withdrawn?
Mr. Odio: I was requested by the Public Works Department to withdraw this
Item.
Mr. Plummer: It's Steel Case.
Mr. Dawkins: May I ask you why, Mr. Manager?
Mayor Suarez: Yes, please.
Mr. Plummer: It's Steel Case.
Mr. Jim Kay: We took bids, we received two bids, both of them were overbid.
We had $120,000 budget for this bid and the lowest bid was $164,175. These
are for furnishings.
Mr. Dawkins: OK, and nobody could provide this for $120,000?
Mr. Jim Kay: Well, we took competitive bids and...
99 November 17, 1988
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0
Mr. Dawkins: OK.
Mr. Jim Kay: ... that's all we got were two bidders.
Mr. Dawkins: So what you're saying, we're throwing all these bids out because
they're overbid.
Mr. Plummer: Well, of course, that's the only way they can do it.
Mr. Dawkins: No, wait a minute, you see, J.L., you're not over there. Let me
ask him.
Mr. Kay: Unless we can find the funds.
Mr. Dawkins: Beg your pardon?
Mr. Kay: Unless...
Mr. Dawkins: No, no, no, no, no. You said that the all bids were above what
we have to spend. Is that correct?
Mr. Kay: That's correct.
Mr. Dawkins: So you had to throw them all out.
Mr. Plummer: That's correct.
Mr. Kay: That's correct.
Mr. Dawkins: OK, so all these bids are going to be thrown out and we're going
to rebid it. OK, is that what you're telling me?
Mr. Kay: That's what I'm telling you. I don't know if we're going to improve
under the same conditions though.
Mr. Plummer: Well, you know, the logical thing is...
Mr. Dawkins: Then we'll have a jail with no furniture. Ain't no problem.
Mr. Plummer: No, we're not having a jail to begin with.
Mr. Dawkins: I mean a court - OK, go ahead, J. L.
Mr. Plummer: The question is, I'd like to see a copy of the bids and why
there was a $40,000 difference. I mean, are you, once again, not you, but the
traditional of the City of ordering Gucci when we can't afford Gucci. You
know, the City does that when it's not their money, they just order Gucci
instead of blue jeans. Now, you know, there's Sansabelt in between and I'd
like to see a copy of the bids after you throw them out.
Mr. Kay: We'll defer.
Mr. Dawkins: Let me hear from the private citizen back there who has
something to say, please. I don't care who he is.
Mr. Jim Daniels: My name is Jim Daniels with Third World Computers. We were
one of the bidders on this project and our bid was excluded from the process
because we had some procedural errors in preparation but we were the low
bidder.
Mr. Plummer: No, well if you... sir, if you didn't comply, then you're out,
that's it. It's just that simple.
Mr. Daniels: OK.
Mr. Odio: But he has a chance now to come back.
EEO
Mr. Plummer: If rebidding, he can correct his mistakes, he's there.
Mr. Daniels: Fantastic.
100 November 17, 1988
0 0
Mr. Dawkins: He has all the chance in the world to correct all his errors
that they say were wrong and resubmit his bid, that ain't no problem.
Mr. Daniels: Fantastic.
Mr. Dawkins: OK, no problem at all.
Mr. Plummer: Well, yes... no...
Mr.
Dawkins:
And, wait
a minute now, let me ask you one question, sir.
Mr.
Plummer:
Let's see
if you ask the same...
Mr. Dawkins: I want to be sure that I hear you on the record, OK? Your bid
was thrown out because it has some technicalities in it, but your bid was at
$120.000 or under.
Mr. Daniels: No, it was not, it was one fifty-nine.
Mr. Plummer: Oh, you're out anyhow. Forget it, save your time, don't even
bid.
Mr. Dawkins: Well, you're out automatically. It ain't no problem then. OK,
I don't have no problem with that.
Mr. Plummer: Yes, don't even bid, we're still in Gucci.
Mayor Suarez: Item 22, appointment to the board of trustees, City of Miami.
Mr. Plummer: Mr. Manager, I do expect a copy of those bids.
Mr. Dawkins: Me too.
Mr. Kay: Yes, sir, we'll get them to you.
Mayor Suarez: Thank you, Jim.
48. FIREFIGHTERS AND POLICE OFFICERS RETIREMENT TRUST: appoint Charlie Hall.
Mayor Suarez: Reappointment recommended for someone to the Firefighters and
Police Officers Retirement Trust Board.
Mr. Odio: Charlie Hall is the one recommended by the Firefighters and Police.
Mr. Plummer: So move.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded for Charlie Hall. Any discussion? Call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-1112
A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF
TRUSTEES OF THE CITY OF MIAMI FIRE FIGHTERS' AND
POLICE OFFICERS' RETIREMENT TRUST AS PROVIDED FOR BY
CITY OF MIAMI ORDINANCE NO. 10002, APPEARING IN THE
CITY CODE AS SECTIONS 40-201 AND 40-202 FOR A
SPECIFIED TERM OF OFFICE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
101 November 17, 1988
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
49. FIREFIGHTERS AND POLICE OFFICERS RETIREMENT TRUST: appoint Al Gurdak.
Mayor Suarez: 23 is...
Mr. Odio: Reappointment of Alec Gurdak.
Mr. Plummer: Who?
Mr. Odio: Gurdak, G-U-R...
Mrs. Kennedy: Gurdak.
Mr. Plummer: No, Gurdak.
Mr. Odio: Gurdak.
Mr. Plummer: I so move.
Mr. Odio: That sounds like a...
Mrs. Kennedy: Second.
Mr. Dawkins: Recommended by whom?
Mr. Odio: By the fire and police.
Mr. Plummer: The firemen.
Mrs. Kennedy: The firemen.
Mr. Dawkins: OK, OK.
Mr. Plummer: He's a former fireman.
Mr. Dawkins: OK.
Mayor Suarez: Moved and seconded. Any further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-1113
A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF
TRUSTEES OF THE CITY OF MIAMI FIRE FIGHTERS' AND
POLICE OFFICERS' RETIREMENT TRUST AS PROVIDED FOR BY
CITY OF MIAMI ORDINANCE NO. 10002, APPEARING IN THE
CITY CODE AS SECTIONS 40-201 AND 40-202 OF R A
SPECIFIED TERM OF OFFICE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
102 November 17, 1968
ATES: Commissioner Victor De Turre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
50. DOWNTOWN DEVELOPMENT AUTHORITY BOARD: appoint Zahid Ramlawi and Harvey
Ruvin.
Mayor Suarez: Item 24.
Mr. Plummer: Move it.
Mr. Dawkins: Second.
Mrs. Kennedy: Second.
Mayor Suarez: Any further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-1114
A RESOLUTION APPOINTING MR. ZAHID RAMLAWI AND
REAPPOINTING METRO COMMISSIONER HARVEY RUVIN TO THE
BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT
AUTHORITY FOR TERMS ENDING JUNE 30, 1991 AND JUNE 30,
1992 RESPECTIVELY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
51. WATERFRONT BOARD: discussion concerning appointments.
Mayor Suarez: Item 25, appoint two individuals and one alternate to serve on
the Waterfront Advisory Board.
Mr. Dawkins: Whose appointments are they?
Mr. Plummer: Whose appointments are they?
Mr. Odio: One of them is Commissioner De Yurre.
Mr. De Yurre: I think I have two of them.
103 November 17, 1988
Mr. Odlo: Two of them.
Mr. De Turret And I appoint Jorge Luis and John Brennan and you can get the
addresses and any information from my office.
Mr. Albert Ruder: OK, Commissioner, could you clarify which one is for the
short term and which one - there's a category A and a category B. Category A
Is a one...
Mr. De Turre: John Brennan is the 190 and Luis In 191.
Mr. Ruder: OK, and then the Commission as a whole has an alternate
appointment. One...
Mayor Suarez: Who's that person that's being recommended...
Mr. Plummer: Stuart Sorg.
Mayor Suarez: ... by the...
Mr. Dawkins: No way.
Mrs. Kennedy: There we go again.
Mayor Suarez: I'd like to hold that, if I may table that, I've got a
recommendation I want to propose to the Commission, somebody that was
recommended by one of the citizen groups. OK, we can't go on to the next
Items, so why don't we do item one that was scheduled for 2:00 in the
afternoon?
52. LOWER PRESS BOX AT ORANGE BOWL STADIUM: restoration of fire damage.
Mr. Odio: Number one, item one...
Mayor Suarez: Yes.
Mayor Suarez: Item one, afternoon...
Mr. Plummer: Item one?
Mayor Suarez: Yes, it was scheduled for 2:00 p.m. We're a little bit ahead
ofour...
Mr. Plummer: Oh, the fire in the Orange Bowl?
Mr. Jim Kay: Right.
Mr. Plummer: I move it.
Mrs. Kennedy: Wait a second.
Mayor Suarez: We're on item one of the regular agenda which was scheduled for
2:00 p.m.
Mr. Plummer: Move it.
Mayor Suarez: Waiving the requirements for formalcy of bids for ratifying the
actions of the City Manager and awarding contracts for the damage done to the
Orange Bowl.
Mr. Plummer: Item one.
Mrs. Kennedy: No, waiving the... oh, oh...
Mr. Plummer: Sealed bids.
Mr. Dawkins: It's been moved and seconded.
104 November 17, 1988
# #I
Mayor Suaret: Moved and seconded.
Mrs. Kennedy: Second.
Mayor Suaret: Any discussion? Call the roll.
Mrs. Kennedy: Just out of curiosity, what caused the fire?
Mr. Kay: It still is undetermined.
Mr. Plummer: Well, that's fine, it was electrical, they had been working on
It all afternoon and the electrical is where the fire broke out up in the top.
Mrs. Kennedy: OK.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-1115
A RESOLUTION WAIVING THE REQUIREMENTS FOR FORMAL
SEALED BIDS AND RATIFYING THE ACTIONS OF THE CITY
MANAGER IN AWARDING CONTRACTS AND EXECUTING CONTRACTS
WITH THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDERS FOR
THE RESTORATION OF THE LOWER PRESS BOX AT THE ORANGE
BOWL STADIUM RECENTLY DAMAGED BY FIRE; WITH MONIES NOT
TO EXCEED $40,000 THEREFOR ALLOCATED FROM THE ORANGE
BOWL OPERATING ACCOUNT, INDEX NO. 580402, TO COVER
CONTRACT COSTS; AND ADOPTING THE CITY MANAGER'S
WRITTEN FINDINGS THAT A VALID EMERGENCY EXISTED.
(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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre.
NOTE: Although absent during roll call, Commissioner De Yurre requested of
the Clerk to be shown as voting yes on the resolution.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 2:56
P.M. AND RECONVENED AT 3:10 P.M., WITH ALL MEMBERS OF
THE CITY COMMISSION FOUND TO BE PRESENT.
105 November 17. 1968
r
53. CRIME SITUATION ON N.E. 85 STREET between Biscayne Boulevard and N.B.
loth Avenue discussion.
-----------------------------------------------------------------------------
Mr. Plummer: Mr. Mayor, as soon as the other two members of the Commission
come here, I would like to discuss the fire service contract to the Fort of
Miami.
Mayor Suarez: OK, in the meantime, how about if we take up item 26 which is
the next one scheduled? Northeast 85th Street, Apartment Homeowners
Association to discuss crime situation on N.E. 85th Street between Biscayne
Boulevard and N.E. loth Avenue. Do we have any representatives? Please come
up to the mike, give us your name and tell us your concerns.
Mr. Plummer: Yes, it is, it goes up to 89th.
Mr. Frank Farrugia: OK, my name is Frank Farrugia and the address is 632 N.E.
85th Street and we've been having a problem there and...
Mayor Suarez: Frank, could you move the mike a little, that's it.
Mr. Farrugia: And we have been having a problem in this area for the last six
months. We have called numerous people like the Police Department and trying
to get someone and show visibility of police. The police have....
Mayor Suarez: Who have you typically contacted in the Police Department?
Sometimes you have to know where to get wired in.
Mr. Farrugia: Well, we have gotten in touch with City Commission - I mean,
not City Commission, but the City of Miami police department.
Mr. Plummer: Who, in particular, sir?
Mayor Suarez: Do you have a... night shift, day shift, any particular
commanding officer or...
Mr. Farrugia: We have gotten in touch with the Waterson, Sgt.
Brown, Sgt. O'Connors, Officer Clark, Officer Fowler and we can't get nothing
going. We are at a standstill.
Mayor Suarez: We have lieutenant, Lieutenant Longueira here and we're going
to - one of the things we're going to do by the time you finish your
presentation is to make sure you're hooked up to the right person at the right
level. Sometimes you go too high, sometimes you go too low, I suppose, but we
want to make sure that you...
Mr. Farrugia: Well, I've called Rosario Kennedy at home and she's been very
nice to me and very reassuring that this was going to take care of itself or
people were going to come in and take care of it. I have here in front of me
a bullet that was shot in front of my building, a shell that was ejected and
it's still setting in my hand. We called the Police Department and no one
shows. I have called them numerous times and we have a case number here also,
that when I did call the police did appear. However, nothing was followed up
on. And I'm at wits ends, me and the rest of these people sitting here.
Mayor Suarez: With whom, I'm sorry?
Mr. Farrugia: I say, we are at wits ends. We don't know what else to do. We
call the Police Department and nobody appears. We tell them that there's
crack being sold in front of the house, I have given the Police Department
from our organization, we have submitted to them taped recordings of cracks
going down, crack things going down, people with police, I mean with guns...
Mayor Suarez: Well, you're doing all the right things. Let me ask you a
question. The N.E. 85th Street Apartment Homeowners Association, how long has
It been incorporated?
Mr. Farrugia: We're not in a corporation, sir.
106 November 17, 1988
t f
Mayor Suarez: Oh, or how long has it been formed?
Mr. Farrugia: It has been formed about four months now.
Mayor Suarez: You know why I asked that, there's people out here from the
northeast, including Morningside and I suspect Belle Meade and some other
areas. It used to be that we had list, when I was not elected to this
position, we had a list of all the people in the City who were responsive and
we had to say in aach department who to - who, you know, who would you call?
And the fact that tome of these organizations were around for 30 and 40 years
and I think now a lot of them are beginning to get their act together and
beginning to have an impact on what we do here and collectively, you have a
lot more strength than individually and the fact that you've done that in the
last few months is going to be a big help to us and to you because you can
call the Vice Mayor in the middle of the night and she may or may not be able
to...
Mr. Farrugia: She's beautiful.
Mayor Suarez: Yes.
� Mrs. Kennedy: Well, but I have said repeatedly on the radio, on TV...
f
Mayor Suarez: How come she responds to your calls in the middle of the night,
she doesn't respond to the rest...
Mrs. Kennedy: ... to please call my office.
Mr. Farrugia: Maybe because she thought my voice was charming.
Mrs. Kennedy: No, but please just give me the address and make sure that it
is the correct address because some people have given us wrong ones. But
please, in fact if after you leave here, you want to meet on the side with me,
I'll be very happy to do so.
Mr. Farrugia: Oh, I'd appreciate that.
Mayor Suarez: I also want to have you, and I think each Commissioner I'm sure
would be willing to if not, give you our personal homes numbers as the Vice
Mayor has done and that's extremely courteous on her part, I've got an aide
that's particularly assigned to police problems and you can reach him anytime
of the day or night and he happens to be here right now so I'd like to...
— Mr. Farrugia: Well, like I say, we've even submitted tapes of these girls
ti putting crack in their bloomers and still we're not getting nothing done. You
? know, but let me...
i
Mayor Suarez: And, of course, Lieutenant Longueria is going to work with you
too.
z" Mr. Farrugia: But let me introduce...
Mr. Dawkins: Let me say...
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: Let me may for everybody's information, you don't need to call
and get my name, it's in the book.
Mr. Farrugia: I have - and so is Mrs. Kennedy's.
Mr. Dawkins: That's right, OK, but I mean, the Mayor says we need to make you
available but mine is in the book.
Mayor Suarez: Mine is not.
Mr. Farrugia: Okay dokey, I'm going to introduce Jack Yanks at this point and
let him...
Mr. Jack Yanks: Mr. Mayor...
107 November 17, 1988
L
f
�J
Mayor Suarez! Yes.
Mr. Yanks: Commissioner, I've been in front of you numerous times for the
last 25 years. Miss Kennedy, I hope that you don't leave...
Mrs. Kennedy: I'm going to talk to your friend.
Mr. Yanks: OK, well if you could just hear what I have to say, I think I
could put it better into a nutshell for everyone to understand.
Mayor Suarez: And by the Kay, he said his phone number is in the phone book
which I think is admirable. Don't hesitate to call him because he will patrol
the area and he's out there a lot and he's been doing that.
Mr. Yanks: I would not want to see Commissioner Miller Dawkins gets hurt in
that area, I would not subject him to coming to that section of town, it's
bad.
Mayor Suarez: Oh, he would.
Mr. Yanks: But let me tell you what has happened here if I may. Frank,
Frank, Mrs. Kennedy, Commissioner - Commissioner, if I please, this group is
with us and we'll - I think I could bring it better into a nutshell, I'd like
to have you hear it. See, indirectly, I don't like to point a finger, but I
realize now that the Police Department five, six year ago was relaxed. They
allowed the prostitution to exist on 85th Street, Biscayne Boulevard. We
would call up and say, what do you want...
Mr. Plummer: Sir, that is not true and I won't let you stand there and make
t that statement.
Mr. Yanks: Sir, I will answer that, Mr. Plummer, to you sir, if I would say
this. We have called and told them that these girls were performing their
acts in our parking lots. We could not get a police there, they would say to
us, we got serious crime happening in the rest of the City. Now, this is
under the old administration, we understood that they say that prostitution is
a victimless crime, it means nothing. But, I have done the studies and
everyone else in this area. If we had gotten rid of the prostitutes that
wouldn't have caused the pushers to come to feed the crack to the prostitutes
and their Johns and their customers. Now, there's not the prostitution on the
street any more, that's gone, that's not a problem. It's been taken over by
Ithe crack dealers. Now, one other thing that has taken place, Commission, and
Police Department, is that 25 years ago we used to have a law and I'm going to
bring this - I sent everyone a letter on this law and you might be able to do
something for us in the City of Miami. There used to be a law that if you had
a bad tenant in the building, it didn't matter if they had a lease or not, you
could call the Police Department and say, we want them out and they would have
to leave. It didn't matter what purpose was. People...
Mayor Suarez: If there used to be a law like that and I'm not sure that there
was...
Mr. Yanks: There was - still is...
Mayor Suarez: I guarantee you there is no law like that now, but...
Mr. Yanks: Mr. Mayor, please let me complete.
Mayor Suarez: I'm just correcting you, sir, on a law that doesn't exist, I
mean, it may exist in some other places.
Mr. Yanks: It exists right now, your Honor, your Mayor. It exists for hotel
and motels only. They have not tooken away from the apartment owners. They
have taken away from the apartment owners and let that law still stand under
the hotel and restaurant state law for hotels or motels. If we have a tenant,
even if they paid for a month's rent in advance, if we are under that
classification, we can call any police officer and say they are causing a
problem, or they're using it for illegal activities, and the police will tell
them, look, if you would rent, you can sue this man for a civil matter but
he's telling you to leave. I'm telling you to leave, if you don't I will have
to come back and have to put you out and arrest you. I mean, it's a civil
matter, it's on the books today for hotel and restaurants, for hotel and
108 November 17, 1988
a!"
motel a. I am praying of this Commission to give us some back bone, let's all
go to the butcher shop and get some back bone, let's you enact a
City ordinance that will make it for anybody that has a term lease on an
apartment, if they're using it for any immoral activity, either crack or
prostitution, I am not saying for past rent, I am not paying throwing them out
for that. I an saying that here's the problem we're faced with. I can lose
my state license by allowing either pandering, prostitution or crack to go on
In my building, but you guys, the legislation, has not given me the ammunition
to move someone out. It takes me two months plus anywhere's from $500...
Mayor Suarez: Not, wait, wait, let me correct you on one other point.
Prostitution would be a lot tougher, but if you can establish and there's
proof that somebody's using an apartment in a building that you own for crack
dealing or crack use, I am sure we have the legal right to remove that person
from there.
Mrs. Kennedy: That's right.
Mr. Yanks: Sir, with all due respect, I pray of you to buy the apartment
building or rent out some people and you'll see what we go through.
Mayor Suarez: Oh, you don't have to pray, just lend me the money I'll be
happy to buy one.
Mr. Yanks: OK, your Honor, I can make arrangements for you to get some of my
buildings. If you come into - I will sell you one of my buildings, I will
take back a mortgage, a personal... I'll let you have it for one dollar and
I'll have your note on it and I'll sell you one of my buildings.
Mayor Suarez: You'll have a contract in the morning, I'll...
Mr. Yanks: OK, your Honor...
Mayor Suarez: For a dollar.
Mr. Yanks: With all due respect...
Mrs. Kennedy: Sir, who owns the apartment building? Who owns it?
Mr. Yanks: Wait a minute. I own these. And with all due respect, believe
me, and the police is here to counter what you said that they say it, fine.
We cannot get rid of a person unless we go through the civil eviction purpose.
I have had people get shot in some of our buildings. It was a murder scene,
they arrested a man in there and the police come to me and they want me to set
it up to get an emergency eviction so they could go in there and search the
apartment and do something legally.
Mayor Suarez: Let me tell you one other thing we're working on with the
Police Department.
Mr. Yanks: Your Honor, with all due respect...
Mayor Suarez: Wait, wait , let me tell you one other thing.
Mr. Yanks: I'm no... let me just tell you what I have to say because I lose
my train of thought, I am up tight by coming here.
Mayor Suarez: Well, we've noticed that but go ahead and finish.
Mr. Yanks: And if I can tell you what it is - but the Police Department will
Drell us their hands are tied. Nobody can throw us out. If we have a guy that
Is using crack and prostitution in one of my apartments, I cannot get him out
unless I go for an eviction and it takes two months and then forget about the
rent I'm not paying. But it takes two months to evict them and the police - I
don't know, are you a police officer, sir?
Mayor Suarez: He's a lieutenant. We're going to get to him in a second.
Mr. Yanks: Lieutenant, then, I am seen him agreeing with me over there. So
you have the opportunity to clean up this City. Give us City orders, let the
Commission, let the legislators, let them say it's unconstitutional and as a
taxpayer...
109 November 17, 1988
0
Mayor Suarez: See, he doesn't want us to answer him but he's already
determining what his conclusions going to be before he even gets to say it,
but...
Mr. Yanks: It's not the con...
Mayor Suarez: I promised you I wouldn't interrupt you anymore, it's just that
you already concluded what he's going to say before you even finish what
you're going to say and you don't let us speak.
Mr. Yanks: Your Honor, your Honor, I came here with a petition. One night I
waited for six hours and I came with a petition from these citizens out here
in the community to do something for, our street and there's only one
Commissioner on this stand that says, yes, we have a problem, what in the hell
can we do about it. And everyone was sidetracking it and I... Now you've
addressed it.
Mayor Suarez: We have a problem, what can we do about it but you don't let us
speak.
Mr. Yanks: But I'm trying to...
Mayor Suarez: I'm going to tell you, for example, that in the back of the
room you see Jim Angleton, for example. He's an expert on laws applicable to
hotels and motels and apartment buildings. Their whole association, as you
can see with the yellow tags, are experts in the field of trying to do
something about crime in their neighborhood. In fact, are here on a petition
to have a ministation reasonably close to the area that you live in but you
i
don't want us to get into that because you want to keep talking about the same
issue but...
Mr. Yanks: I'm not talking about the same issue but I'm talking about the
issues that affect everybody in the citizens. We're tearing houses down. I
see Mrs. Kennedy's picture out there in a bulldozer. We lose taxes and
revenue, that cuts down the taxes that go to the Police Department. Now, I
have no objections...
Mayor Suarez: No, we don't lose taxes on any of those. When the building's
demolished, it doesn't necessarily lose value, the property doesn't lose
value. And sometimes it gains value.
Mr. Yanks: Your Honor, with all due respect, sir. And I do not like to go
against your Honor, it's not a good political thing to do to you. But, your
Honor is wrong. It doesn't matter, the county tax assessor assesses every
building for building, I don't care if it's a building that has to be torn
down, I am a licensed real estate sales person, I've been in this town for
over 50 years. I pay taxes, lots of taxes to this great county and this great
City and I pay for police protection. 1 pay for them to keep me safe so I
don't have to build a moat around my house at night time and have pit bulls.
I'm not interested in the streets as much as I - or clean up the streets as I
am for police protection, that's what the City started for for taxes and
® that's what we want. We want police protection, we want you to enact laws
that will let us get rid of the hookers.
f
Mayor Suarez: OK, all right, sir, let's see if ve can address some of your
concerns. Let me tell you one thing I was going to tell you and the Manager's
going to want to say something, we have a law. It's not easy to effectuate
and to implement but we have a law that if crack dealing is going on inside a
building, we not only have a right to throw out those tenants, we have a right
to take that building away from the owners. You might see us take a couple of
buildings away from some of the owners out there and we're working with the
i Police Department to try to carry that out. It's a legal proceeding, it does
take a little bit of time and it's roughly equivalent to the Ricoh Act. And
we are trying to do certain things but you've got Lt. Longueira here, you've
got the Vice Mayor Kennedy obviously wired in, you've got an association now
composed, we have done a lot about prostitution in that area as Commissioner
Plummer was telling you and we're particularly interested in any information
that has to do with a shooting or crack dealing, prostitution within an
apartment that is leased out on a long term basis is not going to be all that
easy to tackle. I can tell you a bunch of legal reasons why that's not going
to be easy to tackle. Although, if you can prove it, we'll do reverse sting
110 November 17, 1988
operations out. there for prostitution like we do for drugs. But you've done
the right thing by coming here and alerting us to the problem by incorporating
or forming a citizens group. We are not as familiar with your neighborhood as
we are with some of these other ones that are here, precisely from the
northeast area of the City, but you're the northenmost point and we
acknowledge the fact that our police station is downtown, our only police
station up until recently. Now we have two substations, one of which we're
trying to complete in the Liberty City area. It will be a lot closer to you
and we have a group here that wants us to have a permanent ministation on
Biscayne Boulevard and sixty -whatever it is - 58th or 59th, no, you know,
believe me, we're trying to move in that direction. I think the Manager
wanted to say something and then Lt. Longueira. Mr. Manager, do you want to
address one of their...
Mrs. Kennedy: Mr. Manager.
Mr. Odio: Yes, I just wanted to may that I believe that we can do more than
what we're doing but I cannot let the statement go by that we're not doing
anything. And we had a task force there, this is as of March 1, 1988, to the
present time. We had seven narcotic investigations task forces in the area
which produced 11 felony arrests and they were carried out at 700 N.E. 85th
Street and I don't want to mention the 7 locations, but they're all on 85th
Street and I'll let you talk, let me talk. Excuse me.
Mr. Yanks: Excuse me for the - I apologize, sir, I didn't say you weren't
doing nothing...
Mr. Odio: No, you didn't. The other gentleman did, so I want to put...
Mr. Yanks: Yes, sir, your Honor - I said this was five years with the
prostitution.
Mr. Odio: Wait, well let me...
Mayor Suarez: OK, wait, let the Manager tell you some of the things that
we've done and we'd like to do.
Mr. Yanks: Yes, go ahead.
Mr. Odio: The street crime unit that we have conducted nine investigations in
the immediate area and in regards to that, our activity, it
resulted in four felony arrests. In the patrol section, patrol section C
produced four John details, that's prostitution details, and have arrested in
the last three months, 25 prostitutes but since 1987 through '88, in one year
period we arrested 141 prostitutes and some of the customers, so we are doing
something. I don't say it's enough but I still like to, if you would, have a
meeting with you people and the Police Department and try to get you to
communicate better.
Mr. Dawkins: Mr. Mayor.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: We've been through this, he'll tell you, ever since I've been
here, and for some reason we failed to meet the issue head on, OK7 OK7 When
we started with Gracie Rockefeller, you and everybody about prostitution when
I got here in 181, we moved prostitution off of Biscayne Boulevard, it went to
17th Avenue. When we drove them from 17th Avenue, they went back to Biscayne
Boulevard. Now, we've moved from prostitution to crack and we don't ever
erase the problem. All we do is put heat on an area and they move out of that
area and into another area and then when we relax our surveillance in this
area, they move back. So I think the relief that they're asking for here is,
that once we come into the area and sort of get the problem in hand, that we
find - and I don't know where we're going to get the manpower from - but we
find somebody to stay there to ensure that this element does not come back. I
think that's what I'm hearing.
Mr. Yanks: Commissioner, you're right. I'm not here - please understand...
Mr. Dawkins: Um hum, yes, I know that.
Mr. Yanks: ... please understand, and I apologize, I came to two...
ill November 17, 1986
0 e
Mr. Dawkins: You don't have to apologize.
Mr. Tanks: ... I'm giving this opportunity of this Commission and I'm telling
you, there's a low on the books, state of Florida law, for hotels and
restaurants, I mean hotels and motels, I'm praying that the City will enact an
ordinance for we who owns apartment@ buildings and lease on a long term...
Mayor Suarez: Tou know, the reason that I gather that they do that for motels
and hotels is that, since that lease, in effect, is renewed on a daily basis,
the person can be removed at the end of a day in effect and that's a little
tougher than a long term lease. I would guess that's the reason. But there's
no problem in us looking at the possibility that something like that could be
pass...
Mr. Tanks: But, this is what I'm asking. I'm asking one question, that if
I - I'm only...
Mayor Suarez: We're going to check that out - we're going to check that out
from the City Attorney's office to see if there's anything like that can be
done that would extend to longer leases and apartments buildings. It may take
a state law to do it and I'd like to hear from Lieutenant Longueira and move
on to some of the other items that we have here today. Lieutenant, do you
have...
Mr. Yanks: If I can say one thing then I'll be - then I'll relinquish the
gavel to the Lieutenant.
Mayor Suarez: Yes. And by the way, I recommend that you stay through item
33 because the Morningside people are very well organized, as you see.
They're reasonably close to your area and they're requesting something that is
quite related to what you're talking about.
Mr. Yanks: OK, and one other thing too which I recommend is that the police
came out there and when they showed their signs, they would go ahead and they
go to the next street. If there was any way that the City can meet us on two-
thirds. It costs us about $14.00 an hour to hire an off -duty police officer.
I cannot afford $14.00 an hour but what I want to ask of the City of Miami, on
this area where we have an impact, is why doesn't the City meet us halfway and
instead of paying $14.00, I'll pay $5.00 an hour, you guys pay $9.00 an hour
and I'll hire an off duty police officer, City of Miami, to stay on my street
for four or five hours a night. I would do that. My next door neighbor
agreed to go in but we can't afford $14.00 an hour. That would be breaking
US. We don't make that kind of money on these inexpensive apartments and we
don't protect it, there's not going to be an apartment out there to get taxes
to pay these police officers their benefits when they retire under their
pension plan. It will be just vacant land and that's a serious thing that we
got to look at.
Mayor Suarez: We have downtown proposal to do a special taxing district where
people have to tax themselves to be able to pay for the security that would
come from that and, in the meantime, we have to try to just do with the
officers we've got which we're trying to increase the number and we will
redeploy and try to do something about your area. Lieutenant, do you want to
address any of his concerns?
Lieutenant Joseph Longueira: No, sir, the Manager had our response on...
Mayor Suarez: OK, would you...
Lt. Longueira: We'll get with Mr. Farrugia.
Mayor Suarez: ... Mr. Manager, would you meet with them and see about some
additional surveillance of the area and see if we can bring the problem under
some reasonable control? But, don't hesitate to call the Vice Mayor, our
respective offices, or homes or whatever because to some extent, I have to
admit this, and this is something that is unusual, I suppose, that our police
deployment is done on demand. I mean, the northeast, for many years, has been
the area that calls us the most and I'm talking about the northeast, south of
79th Street and that's why, in the statistics, they come out as having the
highest rate of crimes. Actually, it's the highest rate of supposed crimes
that are resulting out there because they just call us all the time, they call
112 November 17, 1988
0
the Police Department. And as a result of that, partly, at least, they do get
s little bit. more surveillance because we - I don't mean your area - I'm going
up 79th Street now. So, you've got to do that. It's just a fact of life that
we do deploy somewhat on demand and if people tell us, and that. makes sense
too, you know, if the cit.1rena tell us, there's something really happening out
here, give us an address. I've sent memos to the Manager on crack being dealt
at a particular home in the City of Miami with an address and a month later
got a memo back from the Manager saying they found somebody there and picked
them up and arrested them. I mean, it's incredible that we would do something
like that by memorandum, but it works. I mean, if you tell us, we will go out
there and the main problem that we've had is that we haven't had you
particularly well linked it looks like with the City except for the Vice Mayor
and you're going to need more than one connection because she can't always be
resolving your concerns. So I think you've done the right thing by coming and
telling us about it.
Mrs. Kennedy: But I'll be very happy to go there physically and see. The
video doesn't may anything, legally you can't use it. You have to really
catch the people doing the crack. So...
Mr. Yanks: One thing I'd like to tell you too is the new President elect,
George Bush, declared war on drugs two years ago. I'm a service man, I lied
about my age when I was sixteen years old and I joined the service. I fought
under that pennant, the ensign with the yellow border, that's my flag. The
President of the United States elect declared war. Let's don't make this a
Viet Nam war. If we're in let's win. Why doesn't this City produce the -
Washington to give us money to fight it down here? If we're in war, he used
the word war, that's a heavy word - the Korean conflict was not a war, that
! was a police action - but he declared war on drugs in...
4 Mayor Suarez: Well, we're certainly asking for all the funds we can get our
_i
hands on because...
l
Mr. Yanks: And if you're going to Washington which God I hope you do get a
post, it would do good for our community and I'm praying for you, then you'll
have a personal contact with Mr. Bush, our great President. How about getting
us some money to fight the war? Let's don't make this a Viet Nam. We were an
embarrassment there.
Mayor Suarez: That's why we went. to New York for the drug conference of
Mayors and helped to get that omnibus drug bill for almost 2 billion dollars,
but I haven't seen too much of that money, you're right.
1
Mr. Farrugia: Mr. Mayor, do you think it would be possible for you to get in
touch with the Mayors of Hialeah, all these little cities, and create a
little, what would you call it, a little corporation of your own, and perhaps
approach the Governor in getting something done with this crack because the
crack is touching everyone, literally it's touching you.
Mayor Suarez: Now that you mention the Governor, he also indicated he wanted
to have a statewide drug czar to deal with the whole issue of drugs and I
don't even know if someone has been appointed.
Mr. Plummer: Yes, he sends down the national guard to help them pack it.
Lt. Longueira: Mayor we - Commissioner, we participated with Dade County and
a lot of other cities in the county and we got a million dollar grant to deal
with the crack issue and deals with it at all levels, education, res...
Mr. Plummer: What are you doing with it, what are you doing with the money?
Lt. Longueira: It deals with education, rehabilitation, some enforcement
i coordination.
Mr. Plummer: That's all well and good but I'm still going to remind you, I
guess, and embarrass you, Joe. I told you 60 days ago, I told you 90 days
ago, the same three locations that I can go anytime of the day and only be
limited by the money I have to buy cocaine, were still there last night. Now,
if you got a million dollars, you'd better not worry about education and
rehabilitation till you get them out of business because they're going to keep
on buying...
113 November 17, 1988
0 0
Mr. Forrugle: You got that right.
Mr. Plummer: And I'm telling you, somethings got to be done.
(Applause)
Mr. Dawkins: Mr. Mayor and - I hear you say you got a million dollars, you're
working with Dade County, but all the gentleman asked was, you know, they,
still got drugs in Florida City, they got drugs in Virginia Gardens, so all
he's saying is, let's get a coor... I think, a coordinated Dade County
effort...
Lt. Longueira: It In, we're not the only City involved. Most of the cities
in Dade County...
Mr. Dawkins: Well then, tell him - well, tell him how he can find out what
the network is so he'll know that we do have a network that's networking on
this and everybody's working on it.
Lt. Longueira: Yes, air.
Mr. Dawkins: See, just don't make the statement that the City of Miami and
Dade County is working on it when he's asking that we have a concentrated
effort.
j Mr. Plummer: See, the problem, Commissioner, is that a sign that I have in my
office that says, the only way to measure ability is in results. And at this
particular point...
Mr. Farrugia: We ain't getting any.
Mr. Plummer: ... they're working but the problem is multiplying so damned
fast that it doesn't look like there are any results as minor as they are.
Mr. Farrugia: They tore my fence off this morning.
Lt. Longueira: Commissioners, all studies have shown that we have to lean
towards education and treatment more than enforcement at this time. It's not
a short term solution, it's a long term solution and that's where the
government's leading. OK.
Mr. Plummer: How does the Police Department - Mr. Manager, how does the
Police Department take that attitude and understand that that maybe is the
case down the road when we sit here and we witness violation after violation,
day after day, of a law being broken and the sale of controlled substance and
they're telling me that the money is going for rehabilitation, education. Mr.
— Mayor and Mr. Manager, I've said before, my patience is running out. My
patience is running out. I am using those three locations in Coconut Grove
and, air, right after the first of the year, I am not going to sit here and
absorb the heat for others.
Mr. Odio: Commissioner...
Mr. Plummer: Now, I'm telling you...
Mr. Odio: One of those lo...
Mr. Plummer: ... if those three locations - I'm using those as an example,
ask the sergeant, he knows exactly where they are - if they are not addressed,
I'm telling you, something radically is going to have to change around City
Hall.
Mr. Odio: I don't understand, because I vent on one of those stings.
Mr. Plummer: Sir, I'll take you in an unmarked car and I'll buy you all the
coke you want.
Mr. Dawkins: J.L., you don't have to go in an unmarked car. You and I vent
in your car down 61st Street between 15th and 17th Avenue...
Mr. Odio: Oh, no, that.
114 November 17, 1988
Elk
Mr. Dawkins: •.. and if nothing ever don't look like a police car, it's
yours, and they ran right up to the car to well we and you drugs in the car.
Mr. Plummer: I had one day when we went on Grand Avenue, listen to this...
Mr. Tanks: I'm Burr...
Mayor Suarez: Sir, sir, sir, sir, plesse.
Mr. Tanks: I'm surrendering.
Mr. Plummer: On Grand...
Mr. Yanks: If you can't get it and I respect you because I've known you for
over 16 years, if you can't get it, I'm throwing in the white flag, I'm
walking out.
Mr. Plummer: Sir, that white flag is going to come down after the first of
the year.
i
Mr. Tanks: If you can't get the support, then what the hell do I stand
Mr. Plummer: I understand your frustration.
Mr. Tanks: But I can sympathize with you.
Mayor Suarez: Well, we all sympathize with each other, we've got to solve the
problem.
Mr. Tanks: You are the Commissioner.
Mrs. Kennedy: Well, yes, but we all have the same concerns.
Mayor Suarez: That there is one interesting thing that comes out of this and
I think the commissioners reflecting that and the rest of us, I think, agree.
Lieutenant, and I want to tell the Manager this to the extent that we have any
of those funds available, I'd like to concentrate on enforcement. I, you
know, rehabilitation and education's fine, but that's...
Lt. Longueira: Mayor, we do, we have a separate grant that deals with crack
alone just for the City of Miami, a crack grant force.
' Mr. Plummer: How much?
Lt. Longueira: I believe it's about $300,000. OK?
Mrs. Kennedy: It's three hundred.
- Mr. Plummer: Where is it being used?
Lt. Longueira: It's for crack enforcement, street level enforcement, OK?
pk Stings, that kind of operation, OK. And that's just for us, for the - on top
of the other enforcement we did...
Mayor Suarez: You might remember, Lieutenant, and for your information, all
of you in that neighborhood and the general public, we're committed to try to
increase the Police Department force by...
Mr. Farrugia: We need more show.
Mayor Suarez: ... 50 sworn officers a year and if we have - all right, if we
can get our hands on money, I think it's our particular priority to increase
the Police Department and have more people out on patrol and, you know, the
education and so on is very important, the school system can do that.
Mr. Dawkins: Well, if we're going to stake out three locations that J.L. is
concerned about, Mr. Manager, if you can stop the sale of the three locations
that J.L. is talking about, I expect you to stop the sales on 61st, 60th
Street and Biscayne Boulevard and 85th Street.
Mr. Plummer: I agree.
115, November 17, 1986
Mr. Farrugis: I agree.
(Applause)
Mr. Dawkins: Because I keep saying, we're not going to push them from one
area into another area. Either we got to address the entire problem.
Mayor Suarez: And I, personally, have no problem with...
Mr. Dawkins: And I don't know drastic measures J.L. has if this don't happen,
but I'm prepared to vote with him.
Mr. Plummer: Well, I have said to the Manager and he keeps saying that I'm
wrong, but let me tell you, you're the CEO of this and I acknowledge that.
But if I were you, I would take, starting this afternoon, one patrol car at,
each one of those intersections. I don't think the people are going to come
there and buy with a policeman sitting there.
Mr. Farrugia: You got it.
Mr. Plummer: OK? Now, that.'s three police cars and if you got to take them
out of Biscayne Bay from chasing yellowtails that under six inches, and put
them on those three locations, I don't think the yellowtails are going to
complain.
Mr. Dawkins: And we've got motorcycle cops that I want you to put on 60th
Street, Biscayne Boulevard and 85th Street. You got motorcycle policemen, I
mean, you know, if you're going to take a police car, if you're telling me
i
that police presence will stop this, then let my motorcycle policeman who got
nothing to do but cruise the street, let him cruise these streets.
Mr. Plummer: Mr. Mayor, I would request of the Manager, in the future, any
time that there is an item relating to police work by citizens, the Chief be
here. Let him hear these things that we're hearing. Not a representative.
Joe's a damn good representative, but I think the police chief ought to be
here, that's where the buck stops in the department and then with you. Let's
have the Chief here and let him hear these things that we're hearing and the
phone calls that we get day in and day out and people don't understand that
under our charter we can't say a magic wand that we've got to go through you,
whose got to go to department, through memos and three weeks later, one sheet
of paper comes back to us in a stack this high and telling us the problems no
longer there because it's taken three weeks for it go get away. Let the Chief
be here, I would say in the future, Mr. Manager.
Mayor Suarez: OK.
Mr. Plummer: Let him be here.
—_
Mayor Suarez: Thank you for your presentation and we're going to make a
special effort in that area obviously and I think you've alerted us to
i'
problems that we weren't particularly familiar with, I have to admit in that
area.
54. PURSE SNATCHINGS: discuss additional funds for P.S.A.s
Mr. Plummer: Can we ask the Manager where we are, sixty days ago we gave you
monies for increasing the PSAs and the department. Where are we in....
Mr. Odio: I was checking that, we should have them - we are hiring right now,
we have interview, we have about 500 people and that we are now in the process
of going...
1 Mr. Plummer: For the police or PSAs?
Mr. Odio: PSAs and we're also hiring police officers. I was told that we
should have the full complement in place after going through the six weeks of
training by May.
116 November 17, 1988
Mayor Suarez: Very good.
Mr. Odio: A full complement of PSAs.
Mayor Suarez: Why does it take...
Mr. Plummer: OK, that's 100 total.
Mr. Odio: It takes the recruiting time, Mr. Mayor, after October then you
have to go through the - at the same training, six weeks of training...
Mayor Suarez: It sounds a little long to get to me.
Mr. Odio: You have to do the same screening with these people that you do
with the police officers.
Mr. Plummer: I understand that, I'm just asking for the posture of... as
today 60 days.
Mayor Suarez: Do they have arresting powers?
Mr. Odio: No.
Mr. Dawkins: No.
Mayor Suarez: Do they have a fire arm?
Mr. Dawkins: No.
Mr. Plummer: No.
Lt. Longueira: No.
Mr. Plummer: No, not PSAs.
Mayor Suarez: Why does it take the same training as a regular police officer,
Lt shouldn't?
Mr. Odio: That's what I...
Mr. Plummer: No, the regular policeman's 13 week.
Lt. Longueira: The background does.
Mr. Odio: Background, the background check they do.
Mayor Suarez: But, I just asked you two key questions about them and I asked
after that, logically, why does it take the sand training as — the same
background check as a police officer?
Mr. Odio: I was told...
Lt. Longueira: Mr. Mayor, part of the problem is that these people get
Involved in the reporting a crime, the official reporting into the federal,
into the...
Mayor Suarez: I understand that they have some things, Joe, that will be
similar to regular police officers but they have other functions that they
don't have that a police officer has, so whatever it takes for police officer,
should take less for a Public Service Aide, my view, and I'm just suggesting
that to you.
Mr. Plummer: Mr. Manager...
Mr. Odio: Yes, sir.
Mr. Plummer: When the Chief became Chief, within a week to ten days, he
Immediately pleased this Commission, me in particular, by assigning 47 people
to street patrol. He promised, at that time, that was only the start and more
to come. It has now been five months and I have not heart any further
announcements from the Chief.
117 November 17, 1988
0
Mr. Odio: Well, he started in the first week of August.
Mr. Plummer: Well, just those 47 have been done. Now, when do we expect the
newt announcement of this is only the start?
Mr. Odio: I'll have to check into that one.
Mr. Plummer: Please. And I would like...
Mayor Suarez: The whole deployment area by the police is something that you
know, Mr. Manager, all of us...
Mr. Plummer: Catch hell for every day.
!Mayor Suarez: ... in the Commission - yes, and we have been considering
dealing with and being more specific about our recommendations. We haven't
done that for a variety of reasons that you're familiar with in the last three
years and, Lieutenant, that you know about, with our Police Department that we
wanted to solve, that really, frankly, were much more critical than exact
deployment but the deployment system is not one that makes a lot of sense to
me. It doesn't make that much sense to our citizens and to this Commission
and I hope that you review all of it. You had promised to do so and I know
you've...
Mr. Odio: Yes, we're doing that.
Mayor Suarez: ... gotten sidetracked like we all have on more critical areas
of police conduct and otherwise, but it's time that we get to that and we
could up with a better system. At any time the City of Miami only has sixty
officers on patrol, typically, out of 1050 now. You have three shifts, you
have some that are not patrolling type officers or detectives that are doing
other kinds of things, but we should have more than 50 or 60 at any time and I
think the citizens are crying out for that.
Mr. Plummer: How many men on mounted patrol?
Mr. Odio: I believe the last count was fifteen.
Lt. Longueira: I don't know if there's quite that many but there may be as
many as fifteen, possibly.
Mr. Plummer: And we're spending almost a million dollars a year in mounted
patrol?
Mr. Odio: I'll tell you though, Commissioner, the meetings that I have gone
with the DMBA and others communities they want those horses bad.
Mayor Suarez: They love them but we should tell them that they're not
particularly effective because you never know when they're going to be down.
I mean, the horses are not as predictable as some other kinds...
Mr. Odio: Sure.
Mr. Plummer: Well, the problem is Mr....
Mr. Odio: But they all request - the first thing they request is the horse
patrol.
i
Mayor Suarez: They love them.
Mr. Plummer: Mr. Mayor, the problem is that you're only getting about 4 to 5
hours a day out of the mounted patrol because I know when I go to my office in
a the morning...
i
Mayor Suarez: Yes, it takes a long time for them to get to where they have to
-I go to meet up with the horse and...
Mr. Plummer: I got to my office 9:00 or 9:30 in the morning and the trucks
are just coming in and when I go home in the afternoon, they're going home
like 3:30-4:00 o'clock. So you're getting very few hours and as I understand
it, Joe, I could be wrong and if I am, please correct me, but primarily
mounted patrol write traffic or parking violations.
118 November 17, 1988
0
1A.
Lt. Longueira: They handle some calls for service in their immediate business
area.
Mr. Plummer: Very few. Very few.
Mayor Suarez: It's not a very efficient way to patrol, that's for sure.
Mr. Plummer: Because I think the best...
Mayor Suarez: But citizens love it. I mean, they...
Mr. Plummer: The best one I heard recently was when she dispatched one of the
mounted patrol asking him could he transport a prisoner. He said no.
Mayor Suarez: Item 27.
Mrs. Kennedy: Lieutenant, before you leave, how many men do we still have on
weekends in the Grove at night, Friday and Saturday night?
Lt. Longueira: The Grove detail? I'm not sure if we still have that. I'll
have to check and let you know.
Mr. Odio: Yes....
Lt. Longueira: We do?
Mr. Plummer: I'm sorry to take up your time. You just reminded me of
something very, very important. Mr. Manager, on the weekends, Friday and
Saturday in particular and some on Sunday, we are experiencing an unusual
problem by virtue of the Police Department diverting Main Highway northbound
down from Franklin or Charles, the one by the Play House, which is taking them
through an area that is unbelievable for purse snatching. We are taking them
off of main streets and sending them down very, very bad side streets where
the experience of purse snatching has been unreal. Many people get lost and
don't realize what or where they are and I would suggest to you, sir, that
some method, alternate method, be achieved so that these people are sent on
main thoroughfares if they're taken off of a main thoroughfare and not down an
area which is known for very bad purse snatching. It's getting extremely bad.
I'm sorry to take up your time.
55. GOLDEN GLOVE BOXING TOURNAMENT: refer to Manager.
Mayor Suarez: Item 27, Florida Sunshine State Golden Gloves to request funds
for its annual Miami Golden Gloves Boxing tournament. Has this gone to the
Manager?
Mr. Odio: Yes, they have.
Mayor Suarez: Is there a recommendation?
Mr. Odio: Denial because of the no funding policy. They're requesting
$16,500 out of which $3,600 is for facility personnel, $3,100 for police.
Mr. Plummer: Why in the Orange Bowl?
Mr. Odio: That's where they want to hold it.
Mr. Dick Lee: Dinner Key was not available, it's under renovation.
Mr. Plummer: Well, but I mean, why do you need a facility that big?
Mr. Lee: Well, for one thing, we got the national Golden Gloves...
Mrs. Kennedy: Dick, please state your name...
119 November 17, 1988
Mr. Plummer: But that's not this, this is the Florida.
Mr. Lee: ... coming next year.
Mrs. Kennedy: Dick, excuse me, Dick, please state your name for the record.
Mayor Suarez: Yes, put your name in the record. Move that mike closer to you
if you're going to speak.
Dr. Billy Yoham: I'm Dr. Billy Yoham, vice president of Golden Gloves for
some 17 years and here's Dick Lee, the director of the Golden Gloves.
Mr. Lee: As far as the facility, I don't think it's too big is what we're
talking about is not like it was when we had the National Golden Gloves there
in 157 if you recall.
Mr. Yoham: Seventy-six.
Mr. Lee: Seventy-six. We're just going to use the west end zone, one gate...
Mr. Plummer: Dick, Dick, maybe we'll feel differently with the national, this
is a state tournament.
x
Mr. Lee: It's 300 fighters.
e
i
Mr. Plummer: But it's still a state tournament. I mean, you're not going to
i have three to four thousand people there, that's it.
Mr. Lee: Yes, I believe we will.
i
Mr. Plummer: Huh?
4 Mr. Lee: I believe we will.
Mr. Plummer: Three to four thousand people, that's it. You're not going to
get more than eight to ten thousand for the nationals. You know that.
Unfortunately, that's the case.
Mayor Suarez: How about Miami Stadium or some other facility? Marine
Stadium?
=i Mrs. Kennedy: See, Dick, why Commissioner Plummer's saying it because we're
talking about $4,000 on the rental of the facility.
Mayor Suarez: Be the same at Marine Stadium.
Mr. De Yurre: What about the Knight Center?
Mr. Lee: Well, we'd be glad, Commissioner, to work on a percentage or
whatever it is that to do it, but, I'll tell you, if we get down in the wrong
kind of arena, it's going to hurt the Golden Gloves for the following year.
And we had to write a letter to all these great fighters come out of this
i tournament, it was down here before. And I think you putting it back it's
going to be Mickey Mouse thing, whereas, if we got a decent place, it's going
to be in the Arena for the following year. It's been booked for six nights
already and it's going to be nationally televised and it's a pretty big thing.
Mrs. Kennedy: I tell you, it's a great program and it keeps the kids off the
streets. I don't know if there's anything we can do in Bayfront Park or any
other... Yes?
Mr. Dawkins: Let me ask a question, sir.
Mayor Suarez: How about the amphitheater? Commissioner Dawkins is...
Mrs. Kennedy: Sure.
Mr. Dawkins: Let me ask Commissioner Kennedy. Commissioner Kennedy, we got
free dates for the amphitheater, what's wrong with the amphitheater?
Mrs. Kennedy: Sure, that's what I just said. I don't know if they can use
Bayfront Park.
120 November 17, 1988
0 0
Mr. Dawkins:
The amphitheater is right downtown, that won't serve the
purpose?
Mr. De Turre:
How many rings do you have going?
Mr. Lee: It's
a four day tournament, sir, Commissioner.
Mr. Dawkins:
Sir?
Mr. Lee: It's
a four day tournament.
Mr. Dawkins:
Your days?
Mr. Lae: It has
to be four days, yes.
Mr. Dawkins:
Oh, OK, four days...
Mrs. Kennedy:
And the dates again are?
Mr. De Turre:
Sth to the 8th.
Mr. Lee: five, six, seven and eight of April.
Mr. Plummer:
You can't...
Mr. De Yurre:
How many rings do you have going at one time?
Mr. Plummer:
You can't do it in the amphitheater. It's three rings.
Mr. De Turre:
Three rings going at the same time?
Mr. Lee: Yes.
Mayor Suarez:
How about Miami Stadium?
Mr. De Yurre:
So the amphitheater's out.
Mrs. Kennedy:
Well, wait a second, wait a second...
Mayor Suarez:
What about Bobby Maduro Stadium?
Mrs. Kennedy:
... we could put portable rings in the park, Mr. Mayor.
We
could put portable rings if that's what you need.
Mr. Plummer:
They'd all be portable.
Mr. De Yurre:
Where are you going to put them?
Mr. Dawkins:
Where, in Bayfront Park?
Mayor Suarez:
Then you'd have to put all the stands and everything...
Mrs. Dawkins:
Yes, yes....
Mrs. Kennedy:
Bayfront Park.
Mr. De Yurre:
Yes, but not in the amphitheater, they don't fit there.
Mr. Plummer:
No, you can't do it in the amphitheater, I was involved
too
long. You can't do it there.
Mr. De Yurre:
I don't think they're going to fit there.
Mr. Dawkins:
No, she say put them around, you know...
Mayor Suarez:
Well, would you be willing to consider four days for
the
amphitheater?
1
Mr. Lee: What we had, Commissioner Plummer, was - the ring will go by
the
west goal post
and that comes out and they'll use the end zone.
121 November 17, 1988
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Mr. De Turre: The Knight Center...
Mayor Suarez: Sir, it's going to.. let me do this.
Mr. Lee: Tea.
Mayor Suarez: Let me do this, this is April, why don't we send it back to the
Manager, but let no tell you first of all that I think I hear the Commission
saying, the Orange Bowl, no way, not for the state championship. It doesn't
look like... you know, that costs a lot of money and it's a very large
facility. Miami Stadium, I don't know if that's feasible. The amphitheater
may or may not be.
Mr. Plummer: You can't use it.
Mr. Dawkins: The Knight Center may or may not be.
Mayor Suarez: Knight Center, we cannot technically waive those fees because
of the trust and everything else, but work with the Manager's staff and I
don't know that, frankly, it would be the policy of this Commission to help
other than a simple waiver because the rest you'd have to pay for City
services, frankly.
Mr. Plummer: He needs bleachers.
_ Mr. Dawkins: It's amazing how we sit up here and we work with everything till
4
z it come to youth, OK? We find sponsors to do everything and if it's necessary
for us to get the banks and everywhere to underwrite the cost of the Knight
Center to do, we're talking about young, especially males, I haven't seen one
female in the ring, but nobody talks about addressing the needs of the hoods.
I mean, this works with young males so if it's necessary that we have to go
and ask some of our friends to underwrite the cost of the Knight Center, then
let's put it in the Knight Center. Like you may, let's go first class if
we're going. So...
1 Mayor Suarez: How much is the cost of the Knight Center?
I
1 Mr. Dawkins: A night.
Mr. De Yurre: It's like twenty-two hundred something a night.
— i Mayor Suarez: Of course, the problem is you're asking for four.
i
Mr. Dawkins: How much?
i
Mr. Odio: I believe it's $2,200 a day.
Mr. Dawkins: All right, so you're talking about five days. You're talking
about $10,000 to perhaps come out of something with 20 young men who going to
be strong and come up with a rich, full life. That's too much money to pay to
save 10 young men?
Mr. De Yurre: I think that what we've done before in the past, we've got the
interest that we're earning on the $8,000,000 for the parks program. We can
take some of that interest money for this.
Mr. Odio: It's your decision, Commissioners, I... we gave them...
Mr. De Yurre: You know, that's money that's not allocated for anything.
Mr. Dawkins: If we don't find it there, let's go out and beg, we'll go out
and solicit.
Mr. Odio: We gave them $14,000 last year.
Mayor Suarez: OK, would you like to send it to the Manager...
Mr. Plummer: So move.
j Mayor Suarez: ... for the appropriate facility and come back with a
recommendation? It sounds like the Commission may want to fund some of this.
So please come back with a recommendation to that effect.
122 November 17, 1988
0 0
Mr. De Yurre: OK, I'll second that motion.
Mayor Suarez: Moved and seconded. Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
Its adoptions
MOTION NO. 88-1116
A MOTION REFERRING TO THE CITY MANAGER REQUEST
RECEIVED FROM REPRESENTATIVES OF FLORIDA SUNSHINE
STATE GOLDEN GLOVES FOR FUNDS AND AN APPROPRIATE
FACILITY TO HOLD THEIR MIAMI GOLDEN GLOVES BOXING
TOURNAMENT SCHEDULED FOR APRIL 5-8, 1989; FURTHER
DIRECTING THE MANAGER TO COME BACK WITH A
RECOMMENDATION.
Upon being seconded by Commissioner De Yurre, the motion was panned and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Yoham: Commissioners, I would like to thank you personally for your
cooperation in us getting the National Golden Glove Tournament down here in
1990. We had tremendous success in 1976 and it's through the City of Miami
that much of this has come about and we want to thank you.
Mayor Suarez: Beautiful, thank you, sir.
Mr. Plummer: But, Doctor, let me remind you, you're my good friend and I want
you to stay my good friend.
Mr. Yoham: You are.
Mr. Plummer: The petition which we gave you was nothing more than
encouragement to help you get the Golden Gloves down here. That there was no
dollars involved and we so stated at the time. So, I want to remind you of
that.
Mr. Yoham: Well, we appreciate it. We did have the cooperation with the
Parks and Recreation Commission that went up there and helped us to get the
National Golden Gloves.
Mr. Plummer: I think you ought to immediately, since this is nationwide
promotion...
Mr. Yoham: Yes, sir.
Mr. Plummer: ... apply to both the TDC and the TIC for possible funding.
Mr. Yoham: Yes, air, we hope to do that. Thank you.
Mr. Plummer: OK.
Mayor Suarez: Thank you, sir.
NOTE FOR THE RECORD: Item 28, Latin Stars, Inc., was tabled as there was
no representative present to discuss the item.
123 November 17, 1988
56. LA PROGRESSIVE PRESBYTERIAN SCHOOL: discuss and withdraw use of City
parks for physical education classes.
Mayor Suarez: Item 29, Le Progessia Presbyterian School, waiver of payments.
Mr. Odio: Withdrawn, Mr. Mayor.
Mayor Suarez: Withdrawn, item 30. Coconut Grove...
Mr. Plummer: Rxcuse me, hold on, on 29. Mr. Manager, when you say it's
withdrawn, have they agreed to pay or vacate the property?
Mr. Odio: We met with them and we told them they had to pay and they're going
to get with the Parks Department to work out a schedule.
Mr. Dawkins: Oh, hold it, there is nothing to work out. See, you're going to
either have a uniform standard...
Mr. Odio: We agree, that's what we told them.
Mr. Dawkins: OK? They cannot pay any more or any less than the school board
pays. All right?
Mr. Odio: That's correct, Commissioner, that's what we told them.
Mr. Dawkins: Now, we have an agreement with the school board and they pay.
Mr. Plummer: Exactly.
Mr. Odio: That's what we told them.
Mr. Dawkins: So these people have to pay the same - they will pay no less.
Now, if they want to be benevolent and pay more, I have no problem with it.
Mr. Odio: That's correct, Commissioner.
Mr. Dawkins: But don't come back here telling me that you negotiated
something less.
Mr. Odio: No, no, no, no. We have a fee schedule and they...
Mr. Plummer: Just like the vendors.
Mr. Dawkins: Um hum, OK, thank you.
57. COCONUT GROVE ARTS FESTIVAL: close streets, beer permit.
Mayor Suarez: Item 30, Coconut Grove Arts Festival, the permit to sell beer.
Mr. Plummer: Move it.
Mayor Suarez: Moved.
i
Mr. Dawkins: What, 30?
i
Mayor Suarez: And request street closures and permission to sell beer.
Mr. Dawkins: Second.
I Mayor Suarez: Seconded. Any discussion on this item? You're not going to
say anything when you've got momentum on your side, are you? You're not.
Call the roll.
i
124 November 17, 1968
0
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-1117
A RESOLUTION CONCERNING THE 1989 COCONUT GROVE ARTS
FESTIVAL TO BE HELD FEBRUARY 18, 19, AND 20, 1989 -IN
PEACOCK, METERS PARKS AND VICINITY, AUTHORIZING THE
CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR
TRAFFIC AND ESTABLISHING A TEMPORARY PEDESTRIAN MALL
SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS
OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES;
FURTHER ESTABLISHING AN AREA PROHIBITED TO RETAIL
PEDDLERS DURING THE PERIOD OF SAID EVENT; AUTHORIZING
A THREE DAY PERMIT FOR THE SALE OF BEER AND WINE
SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW
DURING THE EVENT; FURTHER CONDITIONED UPON THE
REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY
POTENTIAL LIABILITY, AND UPON THE ORGANIZERS PAYING
FOR THE NECESSARY COSTS OF CITY SERVICES ASSOCIATED
VITH SAID EVENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: You've been very eloquent, Terry. Anything else? That's it.
Bye.
Mr. Dawkins: Bye.
Ms. Terrill Stone: Any other questions?
Mr. Dawkins: Good bye.
NOTE FOR THE RECORD: No one appeared on item 31, Educational Club of
Hairdressers.
58. WEST INDIAN AMERICAN DAY CARNIVAL: referred to Manager.
Mayor Suarez: Item 32, West Indian American Day Carnival Association of
Greater Miami. That's a mouthful.
Mr. Odio: Mayor, we had - they're coming here for next year. I believe...
Mayor Suarez: Oh, you're early this year.
Mr. Aldwyn Thomas: Yes.
Mr. Odio: The thing is, that we need to put some restrictions because we had
quite a serious problems on the streets. We'd like to keep this event within
the park limits and not out on the street.
125 November 17, 1988
Mr. Plummer: Wait a minute, whoa, whoa, Mhos, I got bigger problems. Who was
the group that had it last year?
Mr. Thomas: We did.
Mr. Plummer: Huh?
Mr. Odio: They did.
Mr. Thomas: Western American Carnival Association. We've been doing it for
the past four years. Next year is going to be our fifth year.
Mr. Plummer: OK, let at ask you some questions then. Are you the man in
charge?
Mr. Thomas: I'm the president, yes.
Mr. Plummer: And were you the president last year?
Mr. Thomas: Ten, I was.
Mr. Plummer: Are we aware of all the incidents that took place last year?
Mr. Thomas: Well, I was not made aware of any incidents that took place.
Mr. Plummer: You're not aware of the people that were arrested, that the lack
of participation by your organization to control the crowds?
Mr. Thomas: Last year?
Mr. Plummer: Yes, sir.
Mr. Thomas: No, not that I know of. We never had a report from the police on
that, we met with the police after the parade.
Mr. Plummer: This was 10-9-88.
Mr. Thomas: Well, that's this year.
Mr. Plummer: Excuse me?
Mr. Thomas: I'm not aware of any...
Mr. Plummer: I'm sorry, this year.
Mr. Thomas: I'm not aware of any incidents this year.
Mr. Plummer: You're not?
Mr. Thomas: No. I just wanted to...
Mr. Plummer: OK, there's two groups that are pressing, is that correct?
Mr. Dawkins: Yes, that's correct.
Mr. Plummer: OK. Are you the other group?
Mr. Don Benjamin: No, I here on different comment I want to make.
Mr. Plummer: OK. Of the Parks Department, whose check have they accepted?
Mr. Odio: ... the conflict was this year, we had a conflict of dates, then
that was resolved. He's already coming here for next year. Am I correct?
Mr. Plummer: All right, which group got it this year?
Mr. Frank Castaneda: The one that deposited the check with Parks Department
and Parks Department must be around here somewhere, was the other group.
Remember last year, both groups came...
126 November 17, 1988
_V
Mr. Plummer: Is the other group the one who was there in October of this
year?
Mr. Castaneds: This group, according to the police, is the one that had
problems with crowd control.
Mr. Plummer: At Tropical?
Mr. Castaneds: No, not at Tropical, at Bicentennial Park.
Mr. Thomas: Bicentennial Park. I wasn't aware of any problems. Like I say,
we've been doing this thing for five years. We've been bringing thousands of
people into Miami and...
Mr. Plummer: Who is Rudy Williams?
Mr. Thomas: Well, he's the treasurer, he isn't here as yet.
Mr. Odio: OK, Commissioner, Carnival Development Committee, the other
organization, has reserved and paid for the use of Bicentennial Park on those
dates, that...
Mr. Plummer: Is Rudy Williams with your group?
Mr. Thomas: Yes, he is.
Mr. Plummer: Can I read from this into the record? I want you to listen.
This is not my statement, sir, but that of the Police Department.
Mr. Thomas: OK.
Mr. Plummer: "Director Rudy Williams had absolutely no control of the parade
participants and many of the so called parade officials were intoxicated and
were of no assistance."
Mr. Thomas: Well, this is the first...
Mr. Plummer: My immediate question has to be, do we want to deal with people
like that?
Mr. Thomas: Well...
Mr. Plummer: Well, excuse me, I'm asking the administration. Mr. Manager,
this is one of your police reports and it says the director, Rudy Williams had
absolutely no control of the parade participants and many of the so called
parade officials were intoxicated and were of no assistance.
Mr. Odio: That's what is in the police report, I have a report from them.
Mr. Plummer: And you're recomm...
Mr. Odio: I am not recomm...
Mr. Plummer: Oh, you're not recommending this group?
Mr. Odio: I said to this group that we have to put some restrictions at the
beginning. We have to limit them...
Mr. Plummer: Residents and businessmen in the area complained of garbage left
in the area, vandalism to the restroom facilities, noise and the general
condition their neighborhood was left in. Now, I got to tell you, you'd
better do an awful lot of talking because at this particular point - and I
haven't read it all - I've just read two paragraphs from it. This does not,
in my estimation, in any way justify a renewal for next year. You can try and
convince me, but right now, you got a long way to go.
Mr. Thomas: Well, all I'm saying, on my defense of it would be is that, you
know, this is the first time I'm hearing this report. But my defense of it
would be that, you know, we started this thing in 1984 and through our
efforts, through our marketing efforts, through what we've done, we do bring
in quite a lot of people into the City of Miami for this festival. It is a
successful festival with regards to the public relations, what have you. All
127 November 17. 19818
0 0
I can say is that if that's the case, what we'd have to do is probably pay for
some extra security, probably, because what happened on that day, and I'm not.
blaming the police for their report, I don't think the police were more
service in the corners, the street corners, rather than crowd control. So
what I would have to say is that we would have to have more private security
If that is a problem.
Mr. Plummer: Sir, that's... no, no, no, not private security. Private
security can't arrest people.
Mr. Thomas: Well, we'd have to increase it because the police officers that
we had there were just...
Mr. Plummer: Well, you know, I've got to tell you that in my estimation, you
have not convinced me. All right?
Mr. Thomas: I know I haven't convinced you but this is something that we
worked hard for over the years and...
Mr. Plummer: Sir, we encourage good festivals, but when I read from here that
it's just enough personnel to cover the parade route during the five hours the
parade was slowly making its way to the park, there were numerous incidents of
fighting in the park and my personnel could not maintain park security. The
parade started and went on for five hours, they asked them to close down at
7:00 o'clock and they wouldn't close down at 7:00 o'clock.
Mr. Thomas: Well, we did close. I was there, we did close at 7:00. I'm sure
of that part of it. We did close, I was in the park.
Mr. Plummer: Once in the park, the only problem encountered was to get the
bands to shut down at 1900 hours. Once again, the director could not control
the participants and the parade officials were intoxicated and of no
assistance. Sir, I've got to tell you, I was not there. I have to rely on
these reports.
Mayor Suarez: OK, how about... were you coming basically to reserve the
dates, is that what you were coming for?
Mr. Plummer: For next year.
Mr. Thomas: Yes, I was, for next year because...
Mayor Suarez: Would the Commission have any problems reserving the dates and
otherwise referring back to the Manager as to whether we'll have the festival
under the conditions because of this report until we get your reply and/or
recommendation.
Mr. Plummer: Well...
Mayor Suarez: But, otherwise, to tentatively, conditionally reserve the
dates.
Mr. Dawkins: The only...
Mr. Plummer: Excuse me, is Rudy Williams still involved?
Mr. Dawkins: Mr. Mayor, the only problem...
Mr. Odio: There is a prior reservation for the same dates, Commissioners, I
want to tell you.
Mr. Dawkins: There's the only...
Mayor Suarez: Oh, we got the same thing again this year?
Mr. Thomas: OK, I'd like to... no, no, I'd like to... I'd just like to
explain that...
Mr. Odio: Don't explain it, we have it.
Mr. Dawkins: Hold it, hold it, hold it, hold it.
128 November 17, 1988
M
Mayor Suarez: Oh, I didn't believe we're going to have this again, it's so
for in advance. Commissioner Dawkins.
Mr. Dewkina: You know, I would like to make a motion that we refer this to
the Manager and when those of the West Indian Carnival Association and others
get together and decide on what dote and what group. You see, what you're
going to and up here with - not you, what we - is the same thing we had last
year with one group we're giving one day and another group ssy, no, I'm the
group that should have it and you got to give that date. So, from my
experience lost year, I make a motion that this be sent back to the Manager
for the Manager to sit down and work this out and come back and tell us that
he has reached an agreement and with one group and that group is the one - I
Wean, with the total persons and this is the group that is going to put it on
now.
Mrs. Kennedy: Second.
Mayor Suarez: So moved and seconded. And you know...
Mr. Plummer: Well, OK, let me just read into the record, OK7 I'm reading
from this report and you got to say it. In the concluding report, "If at all
possible, this event should not be held again as the director and his
intoxicated staff could not organize nor control unruly, intoxicated
participants."
Mrs. Kennedy: Intoxicated staff?
Mr. Plummer: Now, do we want to negotiate with that kind of a group?
Mrs. Kennedy: Intoxicated staff?
Mr. Plummer: Intoxicated.
Mayor Suarez: The Manager should take into account that report and get an
answer back from the group in question.
Mr. Plummer: Yes.
Mayor Suarez: And, you know, they ought to be warned and let me say it,
there's three possibilities here. We could try to work out an agreement as
Commissioner Dawkins has proposed in his motion and the Manager can certainly
try to work that out. Mr. Manager, if we don't work out an agreement, there's
two other possibilities. One, that this Commission would simply decide not to
have either one and the final possibility would be to have it as a coin flip
or some way that one year we have one and the next year we have the next, but
we're not going to have this situation every year beginning eleven months or
nine or ten months before the event. We've got other things to do and I'm
just telling you, this is not a matter for discussion, Don, this is just a
clear statement to the Manager and to both associations...
Mr. Benjamin: But, I want to say something.
Mr. Plummer: You got the same thing with the Colombian festival, there's two.
Mr. Benjamin: I don't belong to...
Mayor Suarez: Yes, with the Colombian festival, we've had the same problem.
Mr. Benjamin: Mr. Manager.
Mayor Suarez: I've got a new hat.
Mr. Benjamin: Mr. Manager.
Mayor Suarez: Yes, air.
Mr. Benjamin: I don't belong to any of these associations, but I'm very happy
to hear Commissioner Dawkins make his point, and the reason why I came up to
this microphone is to suggest that you take no action until these groups have
been able to get together and reorganize themselves and deal with these
problems. I'm quite concerned about it because I don't like how it's being
done. And there's lot of questions being raised and there's going to be some
kind of investigation.
129 November 17, 1988
0 W
Mayor Suarez: We take note of your comments and add that to the report to the
staff please, Don. Most with the staff and tell them all of your concerns and
we'll get back from them their results of their investigation. But we need
your input on that.
Mr. Benjamin: OK, very good, thank you.
Mayor Suarez: Thank you. Thank you all and that's in the form of a motion.
Call the roll. We have a motion and a second.
The following motion was introduced by Commissioner Dawkins, who moved
Its adoption:
MOTION NO. 88-1118
A MOTION REFERRING TO THE CITY MANAGER REQUEST RECEIVED
FROM REPRESENTATIVES OF WEST INDIAN AMERICAN DAY CARNIVAL
ASSOCIATION OF GREATER MIAMI FOR CLOSURE OF CERTAIN
STREETS IN CONNECTION WITH THEIR WEST INDIAN AMERICAN
MIAMI CARNIVAL EVENT SCHEDULED FOR OCTOBER 7-8, 1989;
FURTHER REQUESTING THE MANAGER TO NEGOTIATE WITH SAID
GROUP, TOGETHER WITH CARNIVAL DEVELOPMENT COMMITTEE, IN
ORDER TO REACH AN AGREEMENT AS TO WHICH DAYS EACH GROUP
PLANS TO HOLD ITS EVENT; AND FURTHER REQUESTING THE
MANAGER TO COME BACK WITH A RECOMMENDATION.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: Send it back to the Manager?
Mr. Fernandez: Yes.
Mr. Plummer: Yes.
COMMENTS MADE FOLLOWING ROLL CALL:
Mr. Plummer: Come back in the next two or three years.
Mayor Suarez: It was built into the motion that those dates be reserved. Not
necessarily for one group or the other.
Mr. Plummer: What?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Oh, I'd be happy to.
Mrs. Kennedy: Oh, no, no.
Mayor Suarez: No?
Ms. Diane Johnson: Remember that we had an earlier request from the other
group.
Mayor Suarez: OK, no, OK, so what I mean then is that the dates are reserved
for one of the two groups...
Mr. Thomas: We also reserved, we also reserved...
130
November 17, 1988
0 0
Mr. Dawkins: See, request. - did we meet the request?
Me. Johnson: The City Code states that parks are reserved on a first come,
first serve basis.
Mr. Dawkins: But we are saying now that nobody has applied...
Mayor Suarez: Right.
Mr. Dawkins: we're sending it back for everybody to work it out with the
Manager.
Me. Johnson: OK, so all reservations are...
Mayor Suarez: That's the best you're going to do today so don't interpose any
objection on that.
Ms. Johnson: All reservations are cancelled.
Mr. Dawkins: Teo, ma'am, yes, Mrs. Smith.
Mr. Thomas: I'm not opposing, I'm not opposing. Can I just make one quick
statement? I'm not...
Mayor Suarez: It can't possibly help you, it can't possibly help you.
Mr. Thomas: Just a quick... it work...
Mayor Suarez: What he just said really helped you.
Mr. Thomas: But just let me make one quick statement. OK?
r Mayor Suarez: It can't possibly help you, but you can...
t
Mr. Thomas: Just let me make this statement, please. Last year, we were told
the same thing by the park is on a first come, first serve basis and we did,
` you know, on the following day we did do the same thing and that didn't work.
So I guess - I would agree with Commissioner Dawkins decision that, you
know...
Mayor Suarez: Like I said, it wouldn't help you. You just reminded us of the
mess we went through last year...
Mr. Thomas: Right, because we...
Mayor Suarez: ... and we're trying to solve it this year by taking a
different approach, so...
Mr. Thomas: Well, we tried to keep in conformity with the rules last year and
it didn't work, so I guess something has to be done on that.
Mayor Suarez: The rules didn't solve much for us last year. We may just have
to change the rules.
59. POLICE MINI -STATION IN LEGION PARK: $70,000 to Greater Biscayne
Boulevard Chamber of Commerce to build.
Mayor Suarez: OK, item 33, this also concerns police issues and so we're
happy to have the Chief here.
Mr. Plummer: Just bring us your check, that's very simple. Don't laugh.
Mayor Suarez: Go ahead, Jim.
Mr. Plummer: You'll go away crying.
Mr. Jim Angleton: Commissioner, you get it every year. Not you, but the City
does and tax funds.
131 November 17, 1988
0 0
Mayor Suarez: All of those that are in support of whatever Jim is about to
tell us, stand up since you're doing it any how.
Mr. Dawkins: And then be seated because you may be standing a long time, he's
very long winded.
Mayor Suarez: Be's a little thank you. We take note of the fact that about a
good half of this chambers is the group that supports this petition
apparently.
Mr. Dawkins: Please be seated.
Mr. Angleton: Thank you and thank you all for coming today. I'm Jim
Angleton, the president of the Greater Biscayne Boulevard Chamber of Commerce.
Mr. Mayor and Commissioners, we're here for several reasons. The most
important reason being crime on Biscayne Boulevard and our police mini -
station. The present location of the mini -station is in a house that was
donated to us a year ago for the use of this mini -station. The owner has
requested the house be vacated. We need to have a mini -station on Biscayne
Boulevard. A year ago we came before you and asked for your support in
allowing us to have a mini -station built on the southwest corner of Legion
Park and Biscayne Boulevard, approximately 6300 Biscayne Boulevard. It was
approved in principle. We're at a point where we don't have the funds to
build this station. We have a contract and we have a contractor who's willing
to build this station for $58,000 with site improvements, parking and lighting
it comes to $70,000. And actually the bottom line, to save some time here
today, that's what we're asking for. We're asking for funding, we're asking
for your help. We do represent the northeast area of Miami. We have been the
abandoned area of Miami. We have a large tax base, I know you and the
Commissioners presently here are for us in the northeast and we appreciate it.
But the time is here. Our Boulevard now is full of prostitutes, OK? It's
winter time now up north and its cold up north and you should see the Biscayne
Boulevard right now, it's full of it. The people on 85th and the Boulevard,
they have their rights. In front of Laura McCarthy's real estate office,
they're there all day and all night. I had some people in from Europe last
night and took them up the Boulevard and I was ashamed at what I saw, the
prostitution at night on the Boulevard. We need your help in cleaning up the
Boulevard again, I think it's time to have another sting operation, I see our
police chief here today, I hope that he would support us in this new mini -
station. Everyone's supporting us, the Parks Department, I believe, Chief
Anderson...
Mayor Suarez: No one want to pay the bill.
Mr. Angleton: But no one wants to pay the bill including us. We don't want
to pay the bill because we think that we have already paid the bill. We
think, I know I've lived in the northeast area of Miami for 25 years. I don't
get any services from the City, I get police - sure, I do, I get police
protection but as far as tangible things, you know, for our tax dollars, we
don't get that much. So, that's the bottom line, now we're here to ask for
your help. You heard other people talk about crime in our area, it's sad
because Biscayne Boulevard is the main thoroughfare to Miami, it's the gateway
to Miami. We're going to have a Super Bowl here in our area. Are we going to
be proud of Biscayne Boulevard?
Mayor Suarez: You know, Jim, there's two things that come to mind and one
cuts one way and the other one cuts the other way. Let me lay both of them on
the line here. The concept of mini -stations was introduced by some of us who
felt that they would be a good idea and one thing that we always assured the
Commission and everyone in the City was that they wouldn't cost anything to
Institute them, remember that. Because we fought for them, we got three or
four of them started. The idea was to have store front mini -stations and have
the space donated and then we got the furniture, phones installed, whatever it
took. So that speaks against any kind of a particular expenditure of money
for the improvements that's needed to have this mini -station. On the other
hand, because other neighborhoods might very well ask for the same relief. On
the other hand, we have voted and the citizens of Miami voted two sub stations
Into being and allocated $5,000,000 for each and, obviously, they're not in
your particular neighborhood. One is not in existence at all, hopefully,
ground being broken pretty soon. How soon?
132
November 17, 1988
V 1P
Lt. Longuelre: Mayor, they're still running the plans through Building and
Zoning waiting for a building permit any days.
Mayor Suarez: That sound* like Monday they'll be building over there. And
the other one is almost completed in Liberty City and, hopefully in March, I
hear. Ivan as to those, we've had some opposition, internal opposition from
those that feel that this is just going to require our police officers to be
spread out and somehow that unefficient deployment, they think. I think
exactly the opposite, I think they're great deployment tools. It gets the
police officers out in the neighborhoods, that's why I favor mini -stations.
All of which is a way of saying that we'd like to find the money and I'm going
to ask the Manager right now if there aren't any capital funds, we recently -
we lost the Manager...
Mr. Dawkins: Mr. Manager, what is your recommendation on the mini -station
number one? I'm sorry, Mr. Mayor....
Mayor Suarez: Yes, and I just wanted to complete, Mr. Manager, by saying that
we recently proposed the issuance of a total of $10,000,000 in capital
improvement bonds that were, I believe, all revenue bonds and asked that you
recommend back to us a variety of projects to build with them. And I think
Commissioner De Yurre was talking about the youth center and it might cost as
much as $5,000.000. Commissioner Dawkins was talking about one or two pools
In different neighborhoods and need them badly and need improvements in - in
one of them, actually, somebody got electrocuted some years ago and it hasn't
been in use since then. And we have a variety of projects improvement of a
couple of other facilities in the City. Can't we find $70,000 somewhere to
build...
Mr. Odio: Well, it's not seventy...
Mayor Suarez: ... the most needed and the most successful mini -station in the
City, the one that we fought for, I don't know, eight or ten years, I mean...
Mr. Odio: It's just that it's not $70,000.
Mr. Plummer: That's the problem.
Mr. Odio: First, the policy of the City Commission is that we do not spend
monies on mini -station, that is the policy of the Commission, therefore,
that's what I'm going to do.
Mr. Plummer: Well, excuse me...
Mr. Odio: But too, Mr. Mayor, once you do this one, you're going to open it
up for about another 20 requests than we want of people to build mini -
stations.
Mr. Plummer: We have eleven.
Mr. Dawkins: Mr. Mayor, may vhat7 I'm sorry, I didn't... what did you say?
Mr. Plummer: We have eleven requests.
Mr. Odio: I'm sorry, I said that the policy of the Commission is that we set
up the mini -stations but that we would not spend any funds of the City on
those.
Mr. Dawkins: OK,but what is your recommendation as to this station? Is it
beneficial, non beneficial, should be deleted, or what, that's what I need to
know?
Mr. Odio: I have to ask the Police Department as far as the tactical or
deployment in fact, but as far the spending the money, my recommendation is
that we don't.
Mr. Dawkins: OK, now, may I ask one question? We allocated and supposed to
be some money not aside for a marina in the northeast area, is that a correct
statement?
Mr. Odio: Yes, sir, in 71st Street, I believe.
133 November 17, 1988
qk 0
Mr. Dawkins: Nov much is that?
Mr. Odio: Let we - do you have the amount? I'll have to get you the amount,
Commissioner.
Mr. Plummer: We paid near a million for the property.
Mr. Odio: We paid a million dollars for the property and...
Mr. Plummer: Yes, but how much - and we also set aside funds to build a
marina on the project.
Mr. Odio: One million.
Mr. Dawkins: One million dollars, OK?
Mr. Plummer: The seventy is not the problem.
Mr. Dawkins: We got a million dollars to build a marina which we will
probably not build in the next two years and the interest on a million dollars
comes close to something like what they, I think, they need. I make a motion
that the money for the sub station be taken from the marina money and given to
them to make whatever repairs is made and that's my motion.
Mr. Angleton: I second the motion.
(Laughter and applause)
Mr. Dawkins: You can't vote, Jim.
i
` Mr. Plummer: Well, you know, I hate to be a bad guy, but I've got to have
some answers. I'll second the motion for discussion. To me the $70,000 is a
drop in the bucket and that's not the real problem. Mr. Manager, to man a
mini -station, I'm assuming they're expecting it to be manned by at least one
policeman, 24 hours a day, seven days a week. That represents $350,000 per
t
mini -station. Where is that money going to come from?
Mr. Odio: We're not manning with any police officers, they are putting
volunteers in there to my... they have fifty volua...
Mr. Angleton: Well, what we have now, we'd be happy.
Mr. Plummer: You're not putting any police personnel in there at all?
i
.i Mr. Angleton: No, we'll be pleased with what we have right now, you know,
i
just transferred.
'.i
—'' Lt. Longueira: They have a PSA right now one shift a day.
Mr. Angleton: The police visibility, the police cars availability, the
station itself will be a deterrent.
Mrs. Kennedy: OK..
i
Mayor Suarez: Thank you, you're stating exactly all the principle arguments
[ why a mini -station makes sense even if you have a minimal police presence
because of all the other things that go with it.
1 Mrs. Kennedy: Mr. Mayor, let me ask Mr. Angleton something. A group of us
!] recently formed an organization to help the Police Department. On December
the 28th, we'll be hosting the opening night of the Ringling Brothers Circus.
l Now, if we sell all 15,000 tickets, we could conceivably net $200,000. We
-, have asked the Chief to give us a wish list. Chief, would you consider this
mini -station as one of your priorities if we are able to do the opening night
of this circus?
Mayor Suarez: Wait, let me say that while you contemplate and consider that,
that I'm going to vote with this motion because I think that we could reduce
the marina fund by 670,000 and if we got the money from your efforts, we can
replenish it but, to me, it is...
z
i
134 November 17, 1988
t'
'-YI'
7 `
Ow
Mr. Odio: We do not have any funds allocated for the marina as of now. We
had a million dollars which we spent on land acquisition, it would take
another million dollar* to build a marina and we don't have that money
allocated right now.
Mayor Suarez: Well...
Mr. Dawkins: So, I've been leading - so you have lead me to lead the
northeast residents to think that I had a million dollars to build a marina
with which I didn't have.
Mr. Odio: No, air, I didn't may that. I said...
Mr. Dawkins: Oh, well tell me - well, see, these people vote for me out here
so tell them what you're saying because, see, I don't know.
Mr. Odior We were ordered to buy the land, we paid a million dollars for it.
We were told to build a marina, we have decided that that - we have
_ feasibility studies done, we don't have any monies yet to build a marina with
because we had the problem in Bayside Marina that came up and other projects
that we have had no funds allocated to that marina.
Mr. Dawkins: So if the northeast merchants were to ask me right now to start
building that marina which I, along with other Commissioners, because some of
them were not here, promised them I would have to tell them that I lied to
you, I can't do it.
Mr. Odio: No, no, air, you would tell them that you have $10,000,000 that you
are proposing to borrow and that you can take a million dollars from there and
build a marina as you promised. It's a question of...
Mr. Dawkins: All right, OK, all right, then hold it, hold it right here. We
have a million dollars that we are applying for for capital improvement, is
that right?
Mr. Odio: Ten million dollars, yes, sir.
Mr. Dawkins: Ten million dollars. All right, I make a motion that we take
$70,000 from that, I mean from where ever we have to take it, and when we sell
the bonds, put it back. Come on, I mean, let's...
Mr. Odio: Yes, sir.
Mr. Angleton: Isn't it more important that we save our neighborhoods than
even have a marina?
Mr. Dawkins: Jim, Jim, Jim, Jim, we got a motion, let's let it go. We got...
Mr. Plummer: Jim, Jim, look, let's, you know...
Mayor Suarez: I second the motion, by the way.
Mr. Plummer: OK, let's be honest, all right? You know that the minute we
approve it - I'm going to vote for this, OK? The minute we do, we, the
Commission, are faced with $700,000 because all of the other ten applicant who
have asked us to do the same are going to be right in here and any, hey, you
did it for northeast, you're going to have to do it for us. And that's where
the cheese gets binding, you know.
Mr. Angleton: J...
Mr. Jack Yanks: If you'll save the City, then give it to them those ten.
Those ten Mould only be 470,000...
Mayor Suarez: Sir, sir, we heard you before and he's...
Mrs. Kennedy: OK, right now, we're...
Mayor Suarez: ... group is making a very good presentation so far, don't...
Mr. Angleton: I appreciate what you're saying so far, J.L., and I agree with
you. But it's a must. Miami must change its thinking regarding central
135 November 17, 1988
94 10
police stations Which we all know. I was in New York for the past week,
Imagine if New York had one police station downtown or two substations. It
would be a jungle there altogether. And we're...
Mr. Plummer: Well, you're talking about 5,000,000 as opposed to 400,000.
Mrs. Kennedy: It is, yes, it is.
Mr. Angleton: Well, it's sort of a jungle up there anyway but we're becoming
one slowly ourselves here. We're a growing City except our area is suffering
and it's the prettiest area of the City and we need help. And where can we
turn tot
Mr. Plummer: It's one of the prettiest areas.
Mrs. Kennedy: OK, anything else from the Commission on the subject, on the
motion?
Mr. De Yurre: Well, I think that we can get that money again, the mini
station is going to be built in the park, right7
Mrs. Kennedy: Lummus.
Mr. Angleton: Yes, on the southwesterly quarter.
Mr. De Yurre: OK, so I think that we can take again, you know, I don't know
how much money we have and earned in interest from the 8.3 million but that's
a source for $70,000 worth right there since it's going to be used for a park
situation.
Mayor Suarez: Facility. Yes, park facility.
Mr. Odio: They tell me that all the money that we had for parks including
Interest, has been allocated by the Commission in the parks system. For the
parks.
Mr. Plummer: But it's not been spent.
Mr. Odio: It has not been spent.
Mrs. Kennedy: No, but it has been...
Mr. Plummer: So you're drawing interest still.
Mr. Odio: Yes.
Mr. De Yurre: That's right. There has to be interest being earned on that.
Mayor Suarez: Yes, I mean, it's at 10 percent it would be $70,000 a month if
my numbers serve me right.
Mr. De Yurre: Well, even at 6 percent, it's about a half a million dollars.
Mayor Suarez: Yes.
Mrs. Kennedy: Um hum.
Mayor Suarez: So, you figure at 6 percent, it will be $42,000 a month.
Mr. De Yurre: Yes.
Mr. Dawkins: And I'm not being picking on anybody so don't think that this
is - but there's money from the Bayfront Park in the bank that you're drawing
interest on. See, so it's money available.
Mr. Plummer: Oh yeah.
Mr. Dawkins: It's money available, but you see, we sit up here and don't, you
know...
Mr. Plummer: Oh yeah.
136
November 17, 19SO
0 P
Mrs. Kennedy: Start that argument again.
Mr. Plummer: There's a lot of money there, Miller.
Mrs. Kennedy: OK.
Mr. Plummer: Miller, there's a lot of money there.
Mrs. Kennedy: Anything else - any further discussion?
Mr. Plummer: Whole lot of money there. It's not even being used.
Mr. Dawkins: Isn't it, we can get plenty interest.
Mrs. Kennedy: Any further discussion on the motion?
Mr. De Turre: Nope.
Mrs. Kennedy: Please call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
Its adoption:
MOTION NO. 88-1119
A MOTION GRANTING REQUEST IN THE AMOUNT OF $70,000 TO
THE GREATER BISCAYNE BOULEVARD CHAMBER OF COMMERCE TO
BUILD A PROPOSED POLICE MINI -STATION IN LEGION PARK.
Upon being seconded by Mayor Suarez, the motion was passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: Just rush my wallet to intensive care, but I'll vote yes.
COMMENTS FOLLOWING ROLL CALL:
Mr. Angleton: Thank you, thank you.
Mayor Suarez: Now, let me clarify on the timing before you go away thinking
this is going to happen in the next few days. Mr. Manager, when are we going
to get the 410,000,000 in bonding made available and when are we going to get
the shopping list of the items that we want to try to do with it?
Mr. Odio: December 15th, Mr. Mayor.
Mayor Suarez: And this is, of course, the highest rated item because it's the
first one that we have approved specifically so this one, it's off the top.
Mr. Odio: Yes, sir.
Mayor Suarez: All right....
Mr. Dawkins: And how long... now, let me ask a question too, Mr. Mayor.
Where are the plans, how long will it take to get the plans and everything in
order to get this done because, see, if we don't get everything off and
running, Mr. Mayor, we, you know, we're just spinning our wheels. Jim, how
long will it take? I mean, do you have your plans and everything ready?
Mrs. Kennedy: Do you have the plans?
137
November 17, 1988
0 0
Mr. Angleton: Tea, yea.
Mr. Dawkins: All right, then, I'd suggest that the Manager meet with him to
see what fast track.
Mayor Suarez: OK, and to further fast track, I would like to ask Karen Branch
to do a Sunday feature on this little mini -station as she did for Domino Perk
and - see, we can't tell the Herald what to do, but sometimes they do smart
things, not very often.
Mr. Angleton: I didn't know they were here today, sir.
Mayor Suarez: Yes, they're there. Maybe she'll do a little Sunday thing like
she did on Domino Park. We took 400 and how many days? Whatever; almost 500
days. OK, item thirty - hopefully, it won't be 500 days for your mini -
station. Item 35.
Mr. Angleton: Thank you, thank you, thank you.
60. SEX DISCRIMINATION AT DOMINO PARK: brief comments
Mr. Plummer: Let me ask a question, you raised a good point. Mr. Manager,
somebody tells me that there's a hell of a discrimination in Domino Park.
That a man has to be over 55 years of age to go into Domino Park. But a
woman, at any age, can go in. Is that correct? Would you report back to me
on that discrimination or potential alleged discrimination?
Mayor Suarez: Mr. Manager, I guess you wouldn't qualify, would you? Just
about though.
Mr. Plummer: What, female?
Mayor Suarez: I know J.L. would.
61. ASIAN VILLAGE (Greater Biscayne Boulevard Chamber of Commerce): withdraw
consideration.
Mayor Suarez: Item 34.
Mr. Jim Angleton: Mr. Mayor...
Mayor Suarez: Back to you again.
— ` Mr. Angleton: No, it's me again, but we've asked for it to be postponed and
withdrawn.
Mr. Plummer: Which one?
Mr. Angleton: Thirty-four.
Mayor Suarez: Thank you, 34's withdrawn.
Mr. Angleton: There's AsiaFest in the City now and the people couldn't come
here today so we've asked for it to be drawn. Could I substitute it with
something for Biscayne Boulevard?
Mr. Plummer: Ah, come on, you're ahead.
Mayor Suarez: No substitutions. You know like those signs in the
restaurants, no substitutions.
Mr. Angleton: Beautification of Biscayne Boulevard?
138 November 17, 1988
(Applause)
Mr. Angleton: Just two minutes to make my plea. Just a check, I'm just - can
I keep talking?
Mr. Plummer: At the sake of reconsideration on the last motion.
Mr. Angleton: OK. Thank you very much.
Mayor Suarez: Item thirty... it will take a lot of work to put this together,
It's taken a lot of Mork to get us this for, so, stay on top of it, monitor
It, and put pressure. Miami Herald, hopefully, will cover it every Sunday.
62. SALVADOR DIAZ VERSON BUST: at Jose Marti Park (donation)
Mayor Suaraz: Item 35.
Mr. Odio: Salvador Diaz Verson was... I think he wants me to translate for
him.
Mayor Suarez: Item 35, I guess, isn't represented.
Mr. Odio: No, he's here.
Mr. Dawkins: You know, we ought to try to get... Mayor, we're going to lose
our quorum so we really need to try to get through this, Mr. Mayor.
Mayor Suarez: Yes. Let's go a little quicker, sir.
Mr. Carlos Diaz Verson: (Mr. Odio translates) My name is Carlos Diaz Verson.
His address is 12277 N.W.... I want to ask forgiveness from this Commission
because to speak Spanish in this present circumstances is kind of incongruous.
But I ask for your forgiveness and I hope you understand my situation.
Mayor Suarez: We'll forgive you a lot quicker if you get to the point.
Mr. Verson: (Translated by Mr. Odio) But the point In the following. We come
to ask this honorable Commission that you allow that in the Jose Marti Park to
erect a bust to the newspaperman Salvador Diaz Verson, the figure that fought
for the human rights for the freedom of citizens and the freedom of
expression.
Mayor Suarez: OK, we have, right off the top, two questions. One is, one
should be referred to - we have a committee on designation of... we no longer
have it. OK. Maybe it could just be resolved by a submission in writing to
this Commission because I don't think anybody's ready to vote on something
like this unless we know a little bit more about the person in question.
Mr. Verson: (Translated by Mr. Odio) He wrote to the Commission...
Mr. Odio: It's in your package, Mr. Mayor.
Mayor Suarez: Who I*... has the Manager made any determination or
recommendation as to the...
Mr. Odio: I know of Salvador Diaz Verson personally and I don't see any
problem in doing it.
Mayor Suarez: OK, the second question then, if the first one doesn't seem to
be much of a problem, which was going to be, you know, is this someone that
makes sense for the City to honor in this fashion? The second one would be,
and assuming you've concluded that he is...
Mr. Odio: He is an honorable person.
Mayor Suarez: OK, who's going to pay for the...
139 November 17, 1988
10 1A
Mr. Verson: (Translated by Mr. Odio) The City will not have... the City will
not have - the family will pay for it, the City will not hove to spend any
funds what....
Mayor Suarez: And this person is alive?
Mr. Verson: (Translated by Mr. Odio) He died in 1987.
Mr. De Turre: Mr. Mayor, I'll move this subject to the administration finding
a suitable place in the park for the location of the bust.
Mayor Suarez: And no expenditure on the part of the City.
Mr. Plummer: And also approval - excuse me, and also approval of the design
and the... in other words, the size, the length, the width, that's something
that we will not be embarrassed by.
Mr. De Yurre: OK. I accept that amendment.
Mayor Suarez: Location. OK, subject to all of that.
Mr. Verson: (Translated by Mr. Odio) They will take care of it inclusive of
the cleaning of the bust and the place and so...
Mayor Suarez: Well, the sure way that we would know that that would happen
would be if they set up a trust that provides enough money for it to be
maintained, but...
Mr. Odio: Let me work it out with him, Mr. Mayor. It's a...
Mayor Suarez: But I guess that would be a bit too much. So, anyhow, if...
Mr. Odio: Mr. Salvador Diaz Verson was a very simple person and I don't think
that...
Mayor Suarez: OK. We have a motion, do we have a second? Commissioner
Plummer, you seconded it, right, subject to those provisos?
Mr. Plummer: Mr. Mayor, Mr. Mayor, you want to know why the Police Department
could not come in...
Mr. Dawkins: Well, let's finish this vote first...
Mr. Plummer: Oh, I'm sorry, I thought we were finished.
Mayor Suarez: No, let's call the roll on it. He's gone, I guess.
Mrs. Kennedy: What is the motion?
Mayor Suarez: To approve it in concept and the Manager to work out the - and
approve the size, location, structure and everything else and it's got to be
at their expense. Call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 88-1120
A RESOLUTION APPROVING, IN PRINCIPLE, THE CONSTRUCTION
AND DONATION TO THE CITY OF A BUST TO HONOR SALVADOR
DIAZ VERSON TO BE LOCATED IN JOSE MARTI PARK BY THE
DIAZ VERSON FAMILY; SUBJECT TO AND CONTINGENT UPON THE
FAMILY'S COMPLIANCE WITH SUCH CONDITIONS AND
LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI,
INCLUDING THOSE REQUIREMENTS STIPULATED HEREIN.
(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 Man passed
and adopted by the following vote:
140 November 17, 1988
.#4
ATES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES. None.
ABSENT: None.
63. NORTH DISTRICT POLICE SUBSTATION: continued discussion and defer
consideration of bids for furnishings (See label 47)
Mr. Dawkins: Nov, J. L.
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: Mr. Mayor, do you want to know why the Police Department could
not come in on budget in the furnishing when I thought I was joking about
Gucci furniture? Yes, how 'bout a lounge, each lounge that they are ordering
Is $605. How about garbage cans for $284? Is it any surprise...
Mr. De Yurre: A lot of garbage.
Mr. Plummer: ... to you or to me that with these kind of prices, they could
not come in under budget? Mr. Manager - sir, when you're paying $284 - listen
to this, I want you to understand, the great description: cylindrical litter
receptacle, fire retardant with additional weight. It's nothing but a damn
garbage can and they need two of those at $568 bucks. Do you wonder why they
can't come in under budget when they are ordering lounges for 4605...
Mr. Odio: We got the point...
Mr. Plummer: Yet, you've got to sit a man in Community Relations on a chair
for $105 but if he's a major in the Police Department, it's costing $480, huh?
Mr. Odio: Let me review the whole specs and we'll bring it back. You made
your point this morning and...
Mr. Plummer: No, no, no, I'm still... this is only the first two pages.
Mr. Odio: Could you read it tomorrow, please?
Mr. Plummer: This is the first two pages. No, no, no, no, I'm...
UNIDENTIFIED SPEAKER: You're hurting the , J. L..
Mr. Plummer: Hit while the fire is hot and we're back to all steel. It's
amazing.
64. NEW SWIMMING POOLS AT ATHALIE RANGE PARK AND HADLEY PARK: set as second
priority on loan from Gulf Breeze
Mayor Suarez: Item 36, Drake memorial... I thought I saw you out there, I
should have known there would be some item...
Ms. Lori Weldon: Well, I've been quiet a few times I've been here.
Mayor Suarez: Is this proposed swimming pool also part of the request to the
Manager on the $10,000,000 issue and...
Ms. Weldon: Well, I want affirmative at this point in time. Everyone else
seems to come down here and get specifics and get - excuse me - yes, we have
the money, yes, we're going to get the money and we're going to give it to you
and I've been speculated, filibustered, etcetera.
141 November 17, 1988
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Mayor Suarez: No more to than the prior item, Lori, I mean, if it's subject
to getting that - making that borrowing of $10,000,000 for the capital
Improvements and the Manager claims that we're going to be ready to actually
begin to deal with that fund on December 15th. I would entertain a motion
that said that after the $70,000 we just approved, the next amount that you
recommend....
Me. Diane Johnson: Our initial estimate is 1.2 million for a brand new pool
at Range.
Mr, Dawkins: Say what now?
Me. Weldon: One point two million.
Mr. Dawkins: For to build a new pool?
Ms. Johnson: To build a brand new pool similar to what we have in the Jose
Marti with locker room and everything else.
Mr. Dawkins: OK, that's all I need to know is not to patch a pool, it's not
to repair, it's to build a pool. That's right?
Me. Johnson: The old one will no longer exist.
Mr. Dawkins: OK, thank you.
Mayor Suarez: OK, do you want to make that into the form of a motion?
Mr. Dawkins: No, huh uh. I've already made that in a motion when I told him
to go borrow the money, remember? We said, up here...
Mayor Suarez: Yes, I just want to... you know, since we're beginning to
parcel out the money and we've made a pretty specific allocation of the
$70,000 for the ministation, maybe you ought to make clear that...
Mr. Dawkins: All right, I make the second - I make a motion that the second
priority be the 2 swimming pools on that $10,000,000 bond, I mean, money that
we're going to borrow.
Mrs. Kennedy: Second.
Mr. De Yurre: Well, remember one thing that we spoke about a minimum of ten
because just the two youth centers that we're talking about, that's five
million right there and these pools are going to run about five million as it
is, so let's keep that in mind.
Mr. Dawkins: No, I thought we said we'll go to twelve. I thought they said
we go to twelve.
Mr. De Yurre: Well, it will go to - you know, we had up to about $20,000,000
and whatever our needs are, we're going to get it from there and, you know,
whatever's left over is left over. Let's keep that in mind and I'll second
your motion.
Mr. Dawkins: OK, fine, with those amendments.
Mayor Suarez: OK, call the roll.
The following motion vas introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 88-1121
A MOTION CONCERNING SUBMITTAL OF THE TEN MILLION
DOLLAR LOAN APPLICATION TO THE CITY OF GULF BREEZE,
FLORIDA FOR FUNDING OF CAPITAL IMPROVEMENT PROJECTS,
DESIGNATING THE PROPOSED TWO NEW SWIMMING POOLS (IN
ATHALIE RANGE PARK AND HADLEY PARK, RESPECTIVELY) AS A
SECOND PRIORITY ON THE LIST OF REFERENCED PROJECTS FOR
THE APPROPRIATION OF SAID LOAN FUNDS.
142 November 17, 1988
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Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYRS: Commissioner Victor De Turre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Dawkins: We're on your item, Reverend Dunn. Teo we are.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: What we've done is, we expect a final report on the $10,000,000
we're borrowing for additional capital improvements to come on the ISth of
December and we've begun to allocate the money before we have it. We had only
so far voted on $70,000 for a ministation that's reasonably close to your area
anyhow which is in the northeast at 63rd and Biscayne. And that's only
$70,000 but the next big item is going to be the Range pool and the -
whichever the other pool is. And we've got... Yes, Reverend.
Reverend Richard Dunn: First of all, to the honorable Mayor, Xavier Suarez
and to the honorable Commissioners, I'm just asking that, as you consider and
you've already voted on it, we have, as you know, been coming here for about
two years on the Range Park swimming pool item and I'm just anking that,
hopefully, we could see something concrete because we would like to see a
swimming pool. It's been about two years and we've gotten commitments, verbal
commitments, but yet, we have not seen any actual construction taking place
and we're just, you know, the community needs it, we have...
Mayor Suarez: Well, we've never given you assurances on the funding until
today, really, frankly, it's been always, this is a high priority for us, we
had 8.3 million dollars for parks improvement but we couldn't take money that
we had to allocate over twelve, fourteen, sixteen parks for this one pool and
now we have done that now.
Rev. Dunn: So the money is being allocated for it?
Mayor Suarez: It is in the process of being borrowed and it's been
identified - right, thank you, Commissioner - almost appropriated.
Rev. Dunn: Almost?
Mayor Suarez: So, it's like Overtown Park West, it's took us seven years to
complete the financing and then it took us another...
Mr. Odio: Two years.
Mayor Suarez: Yes, well, from... yes, two years in this case but in Overtown
Park West it took about...
Mr. Plummer: You all are crazy.
Mayor Suarez: ... seven years to complete the financing and it took about
another six months to a year - that's a much more complicated package but we
broke ground on one of the towers as you probably saw yesterday...
Rev. Dunn: Yes, yes.
Mayor Suarez: ... and before that, we had a smaller phase also beginning. So
It's - these are monies that the City traditionally has just simply not had.
Rev. Dunn: Let me ask you this.
Mayor Suarez: And whenever we've put a GO bond, the general obligation bond,
to the people of Miami for any of these purposes, you know what's happened.
143 November 17, 1988
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Rev. Dunn: Right.
Mayor Suarez: They turned them down so we're coming up with pretty creative
ways of finding capital monies.
Rev. Dunn: Well, if everything doe@ go smoothly as we hope and pray it does,
what type of timetable are we possibly looking at?
Mayor Suarez: That's a very good question for the Manager but he's engaged in
other conversation. Mr. Manager...
Mr. Odio: Yea, air.
Mayor Suarez: I know you're planning your funeral, but would you... what
would be a fair timetable...
Mr. Odio: I know one of them.
Mayor Suarez: ... for, assuming that on December 15th we do find the monies
and are able to begin the process of borrowing it and so on, for the Range
pool?
Mr. Odio: By the time you go into design, planning, I would say you would
have a completion in two years.
Mayor Suarez: Can we - two years. You meant one year, right?
Mr. Odio: From the... two years.
Mayor Suarez: Well, can we fast track it a little bit, can we begin some
aspect of this design or whatever a little bit sooner?
Rev. Dunn: Before I move forward, I just wanted to identify another local
pastor in the area, Reverend Dale Powell, of the Friendship Missionary Baptist
Church and it's also located in the Edison Community area. This is Mr.
Watso►z's pastor.
Mayor Suarez: I gather that from Friendship.
Mr. Odio: I just asked a question from staff to find out if we can...
Mayor Suarez: Don't ask me who Mr. Watson is today, because I have no idea.
I know he works for me but he's...
Mr. Odio: I could use some of Jose Marti's drawings to start getting some
ideas, some estimates on what it would, you know.
Mayor Suarez: See, now that's creative.
Mr. Odio: Now, I could...
Mayor Suarez: Now, we have other pools that have been built, this one's going
to be very similar to it.
Mr. Odio: No, we could change the...
Mayor Suarez: I can't imagine that the design of pools has changed much in
the last four or five years.
Mr. Odio: That's what I mean, the outside...
Mayor Suarez: So, we're going to try to use some drawings that we have.
Rev. Dunn: For Jose Marti?
Mr. Odio: If you want me to do that, we can save a lot...
Rev. Dunn: That would be acceptable.
Mayor Suarez: You like that pool, right?
144 November 17, 1968
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Rev. Dunn: Yes, I do.
Mr. Odio: He too. I think we could copy that one.
Mayor Suarez: Mr. Manager, let me add, the contractors on that particular
project are very, very good friends and I'm sure that they Mould be willing to
donate...
Mr. Odio: Well, we would have to go out...
Mayor Suarez: No, no, no. No, no no, no. I'm talking about them building
this other pool. I'm talking about them donating their time to maybe bring up
to date the plans on a pro bono basis so we could use that.
Mr. Odio: I'll check into that, but if the drawings are acceptable, then I
can go ahead and move on it.
Mayor Suarez: I think the name of the company, I think, is Better
Construction.
Mr. Odio: We could save a year.
Mr. Dawkins: Mr. Mayor.
Mayor Suarez: Tea.
Mr. Dawkins: I think this Commission should go on record telling the Manager
that that pool should be ready the summer of 190. Now, we could - I want you
two gentlemen to understand, we could very easily tell you that we'll do it in
a year, but we got the summer of 189. We will need that pool for youngsters
to play in the summer of '89 so let's don't come up now and start construction
and then when the summer comes, we don't have any place for these - any pool
for these youngsters. So, that's why I would say, Mr. Mayor, that we should
go for the in 190 and that gives them all this year to get the plans and
everything in order and as soon as the summer is over and the pool closes,
they could knock it down and start the new one.
Mayor Suarez: By the second summer after today, it should be built, it really
should. I fully agree with that.
Mr. Odio: Mr. Mayor, let me understand it. If I can use Jose Marti, we can
save a lot of money and a lot of time.
Mr. Dawkins: No, no, no. We just told you to use it.
Mr. Odio: OK, that's what I wanted to... fine, go.
Mr. Dawkins: I mean, the Mayor... you brought it up, the Mayor said we accept
it. They say they accept it and you're worse than J. L. going over and over
stuff.
Mayor Suarez: And that's saying a lot.
Rev. Dunn: So, can we have a motion to that effect that...
Mr. Dawkins: We've already made the motion.
Rev. Dunn: It's already, by the summer of 1907
Mr. Dawkins: Teo, that's the direction to him. If he don't do it, he need a
job. That ain't no problem.
Mayor Suarez: You can't take that to the bank but, you know, with that and
your prayers.
Mr. Dawkins: Hold it, we're not going to sit here and tell you, yes, and we
may not get the money for the bond issue. We may not have the money and then
we have lied to you. So we're going to work with you to produce what we
promised you, OK?
Rev. Dunn: OK. OK, thank you.
145 November 17, 19$8
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Mayor Suarez: OK, thank you Rev, both of you and good to have you at City
Mall.
Rev. Dunn: Thank you.
Mr. Dawkins: We have... you, ma'am, go right ahead, madam...
Ms. Weldon: I'm sorry, there's one thing I meant to bring up. As last
Commission meeting you approved a budget of twenty-seven thousand, I believe,
one hundred sixty-eight dollars for a trust for Domino Park. I have several
names to submit for a trust for Range Park and a budget. We are proposing not
to exceed twenty-eight thousand so that we can get the same supplies and get
programs going in that park.
Mayor Suarez: But the Domino Park thing was for maintenance of the park and
supervision.
Me. Weldon: Same here.
Mayor Suarez: And you don't propose to do that...
Me. Weldon: Are you trying something, they're going to...
Mayor Suarez: ... to do the supervision and maintenance of Range with
428,000.
Me. Weldon: No, he said that did not include maintenance, if I remember
correctly.
Mayor Suarez: I think it's to be open on Saturdays with supervision.
Ms. Weldon: No, he said that they were to - that excluded maintenance.
Mayor Suarez: Well, maybe not maintenance, you're right, but I think
supervision.
Mr. Weldon: OK.
Mr. Plummer: No, the biggest part of that money was for a security officer.
Mr. Odio: We're going to shoot...
Mayor Suarez: Yes, for a Saturday security officer, I think is what it was.
Mr. Plummer: That was the biggest part of that money.
Mr. Odio: Mr. Mayor, we're going to try to go out on bids in January for the
construction and I am going to try it.
Ms. Weldon: But, I...
Mr. Odio: But that we have it ready for the summer, if we can.
Ms. Weldon: OK.
Mr. Dawkins: Summer of what?
Mr. Odio: Of 189.
Mr. Plummer: No, he said 190, don't, don't...
Mr. Odio: No, I want...
Mr. Dawkins: No, hold it, no, no, no, hold it.
Mr. Odlo: I want to try it.
Mr. Dawkins: If he can do it...
Mr. Odio: I tell you...
Mr. Dawkins: For this...
146 November 17, 1988
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Mr. Odio: I don't know why we can't build a pool in six months.
Mr. Dawkins: In six months, I don't know how either, but if you tell me
you're going to do it, I'll hold you...
Mr. Odio: We're going to try it.
Mr. Dawkins: No, no, no.
Mr. Odio: We're going to try it.
Mr. Dawkins: See, I don't want to try it and don't have no place for these -
OK, then you'll find money to bus them to - from there to Jose Marti. All
right, no problem. OK.
Me. Weldon: OK, but I also saw bathroom supplies and other items in their
request.
Mayor Suarez: Why don't you just take that up as soon as we get the pool
built?
Mr. Dawkins: Yes.
Me. Weldon: No, no, no, no, that's too long.
Mayor Suarez: You know, maintenance and supervision. Oh, that's very nice.
Mr. Dawkins: Yes, there we go, that's ghat I want.
Ms. Weldon: OK, but providing that I fund now, it's not maintenance, if it's
other than maintenance, would you approve - I mean, would you approve - how
long would it take you to approve the budget for a trust for Range? If this
is the precedent that you want to set?
Mr. Plummer: We'll consider it at the time you propose it.
Mayor Suarez: Yes, we'll consider it at that point.
Me. Weldon: OK.
Mayor Suarez: While we're on parks and since we've got Barbara Wade around
here some place, how are we doing on Virrick Park? On Virrick Park, the
improvements?
Ms. Johnson: On Virrick Park. I don't have the... can I go back and get my
cheat sheet?
Mayor Suarez: Whenever you're ready for it, just let me know as long as
they're here because I just wanted to know any improvements there.
Me. Johnson: OK.
Mr. Dawkins: Mr. Mayor, Miss Wade, what do we have here? Which of my
youngsters are these?
Me Barbara Wade: This is a basketball team that played Mayor Suarez's team
that they beat unmercifully.
Mr. Dawkins: Oh, they beat him... If they didn't beat him, don't come up
here, get out of here if you didn't beat the Mayor now. Don't let the Mayor
tell me he beat you guys.
Mayor Suarez: It hasn't happened in three years and it won't happen. Not as
long as I've got a little bit of strength left in my legs. OK, do you have a
presentation at some point, Barbara? We have you on the agenda, right?
Mr. Dawkins: Barbara, are you on the agenda?
Mayor Suarez: It's not 5:00. OK, we'll get to you.
Mayor Suarez: Item 37. Jeffrey Industries, Inc.
147 November 17, 1988
Me. Johnson: Did you still want to hear about Virrick Park?
Mayor Suarez: You have ■ nice way of interrupting at just. the right moment.
Go ahead, very quickly. Now are we doing on Virrick?
Me. Johnson: OX, Virrick, we're completing the negotiations for the design of
the building renovation. We're going to be going out for bids shortly on the
pool renovation. We will be also doing the basketball courts in the spring.
You should have gotten an update last week.
Mr. Plummer: What about lighting?
Me. Johnson: I don't believe... I think there will be some lighting done in
conjunction with the building renovation.
Mr. Plummer: I tell you, that cries out for lighting. I'm talking about the
park itself.
Ms. Johnson: Security, lighting?
Mr. Plummer: Teo, ma'am.
Me. Johnson: OK, we'll take that into consideration.
Mr. Plummer: It cries out for lighting.
65. LATIN MUSIC AWARDS/BRAVO AWARD: discussion
Mayor Suarez: OK, ma'am.
Ms. Sherry Reinker: Honorable Mayor Suarez, honorable Vice Mayor Kennedy,
Commissioners Plummer, De Yurre and Dawkins, Mr. Odio. I am Sherry Reinker,
the executive producer of the Latin Music Awards and this is the Bravo trophy
which stands as the highest achievement in Hispanic music. I am here today to
tell all of you and advise you about the Third Annual Latin Music Awards which
we hope to bring back to Miami in 1989 and I'd like for you to mark your
calendars for October of 1989 because we want to invite you to the show to be
presenters and so forth. The Latin Music awards is the greatest success story
that Miami has had in a long time. It was the highest rated television show
in Spanish international network history two consecutive years. In the Miami
market alone, it topped ABC, NBC and CBS in the ratings charting a 238 percent
increase world wide in viewing audience. The Spanish international network
reach some 300,000,000 viewers in the United States and throughout the world.
The first annual Latin Music Awards was first held in Miami in the James L.
Knight Center. Some 80 international super stars, including Julio Iglesias,
Miami Sound Machine, Pimpinela from Argentina, Roberto Carlos, Emanuel
attended this event at no expense because this event is recognized as the
Grammy's of the Latin Music award. Never in the history of Miami have more
super stars ever appeared in person at one time, on one stage than they did
for that first show. The ratings speak for themself. The second year we were
invited to the Dominican Republic to do the show in the Dominican Republic.
Again, for the second consecutive year, the show was so successful it was
aired not only in May but again in August. The show was aired throughout the
year with the host location of the Casa de Campo and Dominican Republic
receiving some 8 minutes of promotional footage that appeared throughout the
world for this show. We would like to bring this event back to Miami in
nineteen eighty...
Mayor Suarez: When was the last time it was held in Miami?
Ms. Reinker: In nineteen... the first year it was held here in Miami.
Mayor Suarez: What year was that?
No. Reinker: That was in 1987. This event was conceived in Miami, born in
Miami by Miamians. It's our belief and our hope that we can keep this event
here in Miami where we feel it belongs. We'd like to stay here and we'd like
148 November 17, 1988
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to produce the third annual event here. Billboard magazine is so supportive
of this event that they not only did a section on the Latin Music awards in
their May issue of 1988, but in 1989, for the third annual event, they are
joining hands with ASCAP, the American Society of Composers, to present with
the Bravo awards, the first annual Latin Music Convention that would be held a
week before the show. This phenomenal first time event is going to be again
historic in the Latin music industry. Record companies, producers, world ride
attention is given to this mammoth event. We would like to come back to you
on December the 15th because we are seeking support from the City of Miami in
order to bring this back. However, I am going to be meeting with other
entities, such as the TDC and other departments to see about support...
Mayor Suarez: The Host Committee and so on.
Me. Reinker: I'm going to be working very closely with Mr. Tony Pajares...
Mayor Suarez: Very good.
SMe. Reinker: ... of the Greater Miami Host Committee...
Mayor Suarez: Beautiful.
Ms. Reinker: ... to steer me to the correct parties, quickly, I might add, so
that we can announce the location for the upcoming year.
Mayor Suarez: Beautiful.
Ms. Reinker: So we will be back on December 15th, we would like to have
support in the way of facility, expenses and hotel expenses which we requested
the first year and, I might add, we never received. However, we did
produce...
Mayor Suarez: Ask Mr. Pajares about the money that we had set aside from the
MCA when we were trying to get the "Siempre en Domingo," I guess it was, and
we had not aside some monies, $50,000 that the county never matched and so
they were never used. I think it was part of the MCA contract that they have
to contribute a certain amount for for promotion of events. And I remember
that because we struggled to try to get the county to match the $50,000. They
never did and so we, I think we lost "Siempre en Domingo," we're not going to
have it.
Mr. Odio: They're coming, but later.
Mayor Suarez: So, maybe, those $50,000 are still available. Anyhow, Mr.
Pajares In aware of that and the Manager will check on that.
Ms. Reinker: I might add, another historical thing about this particular
show, it's going to be the first time in the history of network television
that we're going to present a bilingual show this year.
Mayor Suarez: Very good.
Ms. Reinker: Bocause we have interest not only from Telemundo airing it but
Showtime. OK? Thank you.
Mayor Suarez: Very good. Thank you.
66. TASTE OF BRICKELL: close streets and permit to sell alcoholic beverages
Mayor Suarez: Downtown Development Authority, item 38. Peter. Just a street
closure for Taste of Brickell?
Mr. Pater Andolina: Street closure and permission to sell wine and liquor.
!Mayor Suarez: December 1. What...
Mr. Plummer: Which street?
149 November 17, 1988
Mr. Andoline: Tenth Street, S.E. 10th Street.
Mayor Suarez: OK.
Mr. Plummer: Not on brickell itself?
Mr. Andolina: No, from brickell Avenue to Miami Avenue.
Mrs. Kennedy: From ghat time to what time?
Mr. Andolina: From 3:00 to 7:30.
Mayor Suaraz: OK, I'll entertain a motion on it.
Mr. Dawkins: Move it.
Mayor Suarez: Moved. Seconded. Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
Its adoption:
MOTION NO. 88-1122
A MOTION GRANTING REQUEST RECEIVED FROM
REPRESENTATIVES OF "A TASTE OF BRICKELL" FOR
PERMISSION TO CLOSE S.E. LOTH STREET BETWEEN S.E. 1ST
AVENUE AND SOUTH MIAMI AVENUE ON DECEMBER 1, 1988
BETWEEN 3:00 P.M. AND 7:30 P.M.; FURTHER AUTHORIZING
THE SALE OF ALCOHOLIC BEVERAGES DURING SAID EVENT.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
67. RADIO SUAVE ANNIVERSARY CELEBRATION: street closure.
Mayor Suarez: Item 39, Radio SUAVE street closure, in -kind services,
anniversary celebration. I can't imagine that there would be any chance of an
In -kind service but maybe street closure.
Mr. Odio: No street closures, we'd recommend that.
Mrs. Kennedy: Move it. You recommend it, move it.
Mayor Suaraz: Moved.
Mr. Plummer: Second.
Mayor Suarez: Call the roll.
V
The following motion was introduced by Commissioner Kennedy, who moved
Its adoption:
MOTION NO. 58-1123
A MOTION GRANTING REQUEST RECEIVED FROM
REPRESENTATIVES OF RADIO SUAVE TO CLOSE CORAL WAY
BETWEEN S.W. 21ST AVENUE AND 22ND AVENUE ON DECEMBER
3, 1988 FROM 2:00 P.M. TO 7s00 P.M. IN CONNECTION WITH
THEIR ANNIVERSARY CELEBRATION.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
UNIDENTIFIED SPEAKER: Thank you Commissioners and Mayor.
68. TROPICAL CLEAR BLUE LAUNDRY SYSTEM: defer request for loan
Mayor Suarez: Item 40, Tropical Clear Blue Laundry System to discuss mini
UDAG program.
Mr. Plummer: What?
Mr. Robert Sanders: My name is Robert Sanders and I live at 5840 N.W. 200th
Street. Your Honor, Mayor and Commissioners, I'm here today to try to help
you raise some money to pay for all of these gifts that you're giving out
today. Most of them seem to be very much needed. What we have to offer, what
we are trying to offer the City is a chance to create 35 full time jobs
ranging in salary from $12,000 to $24,000 a year. We also are talking about
creating 230 part time jobs starting at $3.75 an hour and the icing on the
cake would be that we're interested in filling these jobs with welfare
mothers, the unemployed, students at risk, and, hopefully, some handicapped.
In doing no, we're going to be creating work for minority contractors and
eventually pumping some $5,000,000 a year into the economy of the targeted
areas. These are deprived areas.
Mayor Suarez: I thought you wanted a mini UDAG.
Mr. Sanders: I do. But I want to tell you why I need it.
Mayor Suarez: All the social implications of your project.
Mr. Sanders: Yes. Now, gentlemen, the proposition I have here...
Mayor Suarez: Ladies and gentlemen.
Mrs. Kennedy: Gentlemen.
Mr. Sanders: I'm sorry...
Mrs. Kennedy: Do you want my vote?
Mr. Sanders: Yes.
Mayor Suarez: She's very sensitive about that.
Mr. Sanders: Now for this bounty, I'm not going to ask you to part the seas.
No. I'm going to ask that the City uses good business sense to take advantage
151 November 17, 1968
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of the opportunity that I bring. Now, I've submitted a proposal to UDAG and
the proposal is that the City Rives us a loan of $150,000, a grant of $40,000.
We are in a position now to match that loan with a one to two match meaning
one dollar for every two dollars that the City gives us in loan. Now, this
seems to be the problem. We've talked it over with the agency that's handling
the UDAG program and they say that the match is the reverse, two dollars on
your part - I mean two dollars from us to one dollar from you.
Mayor Suarez: Lot
me ask a question about that, Mr. Castaneda, I've
never
heard of a two to one
match on a mini UDAG.
Mr. Frank Castaneda:
The mini UDAG match - in the mini UDAG, the rules
of the
Commission approved
sometime back is $50,000 or less, it's one to one
match;
above $50,000 it's a
two to one match.
Mayor Suarezi They
have to come up with two for every one. And what's
this
grant application?
Mr. Castaneda: No,
the grant application is to the City of Miami.
Mayor Suarez: Yes,
but how much is it?
Mr. Plummer: From us,
a $190.
Mr. Sanders: A total
of $190.
Mr. Castaneda: A hundred
and ninety thousand.
Mr. Plummer: That's
what they're looking from us.
Mr. Sanders: Now, what we are saying is that, not only are we going to pay
back the loan, but we are taking people off welfare, we're going to be paying
taxes. Those people that we take off welfare are paying taxes. This is a
beautiful marriage, I think, between the City and my organization, Tropical
Clear Blue.
Mayor Suarez: Let me say this, aren't you going to be located in the - or, at
this point, located in the Overtown Shopping Center, right?
Mr. Sanders: Yes.
Mayor Suarez: Nov, is this UDAG grant to expand to other areas, is that mini
UDAG?
Mr. Sanders: The mini UDAG will - the first store which this is a fast food
store, similar to a McDonald's, but charges like 30 percent less for its menu.
The first store would be located on N.W. 7th Avenue and 54th Street.
Mayor Suarez: Oh, I see what you're saying, OK....
Mr. Sanders: Now, we wanted to lo...
Mayor Suarez: ... isn't there some kind of a Dairy Queen type or an ice cream
store?
Mr. Sanders: No, this is a short stop. It's a rel...
Mayor Suarez: No, but I mean, what's there now on one of the corners?
Mr. Castaneda: Yes, yes, Mayor.
Mr. Dawkins: They pushed it down, they pushed it down.
Mr. Sanders: There was one there, yes, it's been removed.
Mrs. Kennedy: Oh yes, I remember now, yea.
Mayor Suarez: OK, now... just so we can maybe...
V
Mayor Suarez: ... I don't know how the Commission is disposed to act on this,
but I, for one, would, if we can by motion, I don't know if we can, relax the
guideline to do a one to one match.
Mr. Castaneda: Commissioners, let me explain what has happened.
Mayor Suareze Are we working on the guidelines here?
Mr. Castaneds: No, no, no, no. This project went originally to loan
committee which is composed of myself, Herb Bailey, and Sergio Rodriguez. It
was presented as a mini MAG at the Overtown Shopping Center, and based on
those things, based that it was in the Overtown Shopping Center and so forth,
we looked at the project favorably and we informed the developers of the
project. The developers have since then completely changed this whole
project - what staff is saying is, give us a copy of the proposal, let us
review it, and let us make a, you know, a recommendation to you.
Mr. Sanders: OK, my point, air, if...
Mrs. Kennedy: How many years are you thinking of? How many years are you
talking about?
Mr. Sanders: You mean for the whole project to be completed? Well, we want
to start...
Mrs. Kennedy: No, no, no, for the loan.
Mr. Sanders: Oh, for the loan. A minimum of 15 years pay back.
Mr. Plummer: At what interest?
Mr. Sanders: I'm asking for 3 percent.
Mr. Plummer: You can ask.
Mr. Sanders: No, that's part of the program plus the fact he said that we
changed our program. We didn't, we didn't change the concept, we changed
locations because we had some demographics done and the demographics say that
at this point in time the store would not succeed at the Overtown Shopping
Center. And I don't think it would be fair for me to ask for City money and
pour it down a rat hole. We've got to pay this money back. So we've got to
locate in a position that we can make money and make money grow. There are a
lot of things we want to do. I've written letters, I think, to everyone of
you up there and I hope that you had the opportunity to read it, to see what
kind of ideas that we have. This is not just for Tropical Clear Blue, this is
for people that need jobs and need them desperately. It's about building
confidence and self esteem in the community. It's about sending a message to
the community that the people at the City are interested in what happens in
-j those targeted areas. Sometimes some of us are only interested in rules and
regulations and we forget the human element. I'm saying, what I want you to
do is to agree to reverse the matching from my two dollars to your one, to my
one dollar and your two. You're going to get this money back plus the
interest that you going... not the interest, but plus the taxes that you're
going to get on this money. And I'm hoping it'll do something for some of
these kids that's sitting here now.
Mr. Plummer: What kind of collateral are you offering?
Mr. Sanders: The collateral, that's the beautiful part of the thing, the
package is beautiful. We have been able to negotiate with Short Stop, the
name of the fast food franchise, and they have agreed to take an equity
position and if we should go belly up, that they will buy back what we are
purchasing from them. That is about as good of a guarantee that you can get.
I would hasten to say that what we are offering here stands up heads and
shoulder above anything that has been submitted to the City for the UDAG
program.
Mr. Plummer: but is, in fact, that which they will buy back in excess of
$190,000, which In what you're asking in the way of a loan.
Mr. Sanders: That's right. I can't say it's dollar for dollar but I would
—!, may it should be somewhere around 490,000 to 4100,000 and that's a guess.
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153 November 17, 1988
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Mr. Plummer: True Clear Plus....
Mr. Sanders: But that is $190,000 that's secured.
Mr. Plummer: True Clear Blue Laundry Systems is...
Mr. Sanders: Tropical Clear Blue.
Mr. Plummer: Tropical Clear Blue Laundry Systems.
O
Mr. Sanders: Yes, we have a laundromat in the Overtown Shopping Center. We
took our private money, invested in this because we did want to do something.
I was born and reared Overtown and I want to give something back.
Mr. Plummer: What is the value of that laundry system?
Mr. Sanders: Not vary much to be honest right now.
Mr. Castaneda: Commissioner, we have provided a loan, there's a Citywide
program of $45,000, right? -to Tropical Clear Blue Laundry.
Mr. Plummer: Have you got the money even on a one to one basis? Hey, look,
you know, you sit there and you shake your head. We're going through all of
these we can and...
Mr. Castaneda: Commissioners, as I said, this proposal...
Mr. Plummer: No, that's not what he recommended.
Mr. Castaneda: Commissioners, this proposal has not...
Mr. Plummer: No, he recommended we send the proposition back and let them
reevaluate.
Mr. Castaneda: Right.
Mr. Plummer: Well, why go through all of this if you don't have the money?
Mr. Castaneda: Commission...
Mr. Sanders: That's my question. They want us to go back to the loan
committee and he's already told me, but we can't approve it.
Mr. Plummer: If you don't have the money, why put them through the mechanics?
Mr. Castaneda: OK, we recommend against it.
Mr. Plummer: Look, I'm not asking you to..
Mr. Dawkins: Let me ask a question.
Mr. Castaneda: You know, what I'm saying is - Commissioner, excuse me a
second. You know, this proposal has not been presented to us. It was
presented before under different conditions with a two to one match on the
side of them. Now, they're proposing something different. We have sold them
the two to one match...
Mr. Plummer: Frank...
Mr. Castaneda: ... inside of, you know, that they have to provide a two to
one match regardless unless the Commission changes the rules of the game.
Mr. Plummer: Frank, regardless...
Mr. Dawkins: Let me as a ques...
Mr. Plummer: Excuse me, let me just finish. Regardless of what the match is,
If you don't have the money...
Mr. Castaneda: Right.
154 November 17, 1988
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Mr. Plummer: ... what the hell are we sitting here going through all these
mechanics for?
Mr. Castaneda: That's why they came here.
Mr. Sanders: No, they have the money. They have $765,000...
Mr. Plummer: The man said he don't have any money.
Mr. Castaneda: No, no, no, Commissioner.
Mr. Sanders: He has it. If he...
Mr. Castaneda: I have money for a mini UDAG program which says that you have
to provide a two to one match above $100,000 and a one to one match below
$50,000.
Mr. Dawkins: Let me ask a question. Are you finished, J.L.? OK. Is this a
sheet from what?
Mayor Suarez% That's what I was going to ask too.
Mr. Dawkins: Is this a sheet...
Mayor Suarez% These guidelines.
Mr. Dawkins: These guidelines are from what?
Mr. Castaneda: I don't...
Mr. Dawkins: OK, come here then and see, here.
Mr. Plummer: Here.
Mr. Sanders: That's our proposal that has been submitted, Mr. Charles Dawkins
has a copy of it.
Mr. Dawkins: All right, this is the proposal, right? Frank, let me ask you
one question. It says a total of 40 points will be awarded under this
category. Is that correct? Is that right?
Mr. Castaneda: I assume that this is under my - under the mini UDAG
guidelines.
Mayor Suarez: Yes, yes, yes, that's the guidelines.
Mr. Castaneda: Yes.
Mr. Dawkins: Is this the form you apply for the mini UDAG on?
Mr. Castaneda: Yes.
Mr. Dawkins: All right. Then, this leverage of additional private capital is
a part of the grant, right?
Mr. Castaneda: That's correct. That's correct.
Mr. Dawkins: And for that, if you match two to one...
Mr. Castaneda: Right...
Mr. Dawkins: ... you get up to 40 points...
Mr. Castaneda: Right.
Mr. Dawkins: ... for your program.
Mr. Castaneda: Right.
Mr. Dawkins: So if they submitted a proposal with a two to one match, it
stands a chance that their proposal would not rate 40 points. Is that a
correct statement?
155
Nov*slur 17, 1911
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Mr. Castaneda: That is a possibility.
Mr. Dawkins: That's all I asked, thank you.
Mrs. Kennedy: So you went to this committee and then directly to us. Tou did
not meet with the administration, is this correct?
Mr. Sanders: Oh, yes, we had a meeting with them Monday night...
Mrs. Kennedy: See, but it will...
Mr. Sanders: ... and the reason I...
Mrs. Kennedy: Cesar.
Mr. Odio: And - excuse me one minute, and we told him no. So they decided
they wanted to come here and I still say no.
Mr. Dawkins: Wait now, you could not have met with them Monday and told them
no when I had this - I mean, not to come here, when I had the agenda to my
house Friday and they were on the agenda.
Mr. Odio: Yes, sir, they were... and they had asked to be placed in agenda
beforehand. Then they met with us on Monday and...
Mr. Dawkins: Oh, I see, OK, all right. OK, I'm with you.
Mr. Sanders: The reason we did it that way is because - now, I'm not here to
point fingers, I'm trying to take a high road but what has happened is, we've
- gotten a lot of bad information. We were told initially that no loan could be
made above 6150,000. But when we looked at the minutes of your last - one of
your meetings, I think it was the last meeting - we saw that that was not
true. That loans could be made above $150,000.
Mr. Dawkins: Hold it right there. Who told - did anybody - who told, no,
no - you see, I can't deal in this. Who told you that? If you don't want to
tell me who told you...
Mr. Sanders: Miranda, Miranda Albury.
Mr. Dawkins: All right, now, OK...
Mr. Castaneda: Commissioner, let me answer the question this way. We gave
this group a commitment letter...
Mr. Dawkins: No, no, no, no, wait now...
Mr. Castaneda: No, wait a second.
Mr. Dawkins: No, no, no, no, no, now. Did Miranda Albury tell these
individuals that we do not make a loan above $150,000?
Mr. Castaneda: No.
Mr. Sanders: Ah.
Mr. Castaneda: Commissioners, we gave...
Mr. Sanders: Is Mr. Perry here?
Mr. Castaneda: Excuse me a second.
Mr. Sanders: Is Mr. Perry here?
Mr. Castansda: Commissioners, we gave this individual a commitment letter for
a project in Overtown Shopping Center stating that we ware preliminarily
committing $170,000...
Mr. Dawkins: I move that this be deferred until Mrs. Albury can be brought
here and put under oath and we can find out if what is said is true or not.
156 November 17,
Mr. Sanders: Thank you.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
Its adoption:
MOTION NO. 68-1124
A MOTION TO DEFER CONSIDERATION OF REQUEST FROM
TROPICAL CLEAR BLUE LAUNDRY SYSTEM FOR A LOAN FROM THE
CITY UNTIL MS. MIRANDA ALBURY, SENIOR BUSINESS
DEVELOPER, COMMUNITY DEVELOPMENT, CAN APPEAR BEFORE
THE CITY COMMISSION, UNDER OATH, FOR THE PURPOSE OF
PROVIDING INFORMATION TO THE CITY COMMISSION REGARDING
THE AFOREMENTIONED GROUP'S INITIAL LOAN REQUEST.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Dawkins: I hate to have you come back, but that's the only way we can
handle it.
Mayor Suarez: Maybe if you can get a hold of her today. Go ahead, complete
the roll call.
69. PLAQUES INLAYS ON CITY SIDEWALKS: of Latin stars, approve in principle.
Mayor Suarez: Item 28, you had been waiting to make the presentation and I
called it and no one showed up. Item 28, Sara Soto. Not here again? You'd
better stay close to the mike.
Ms. Sara Soto: Yes, my name is Sara Soto and I represent Latin Star, a
nonprofit organization from Florida. The purpose of this corporation is to
reward, in a very unique way, the Latin artists and athletes that with the
dedication has been getting the success. For example, Miami Sound Machine,
Julio Iglesias, Fernando Valenzuels, among others. The reason we're here
today is to request to the City of Miami the permission, only the permission,
not money, let we make clear this...
Mrs. Kennedy: Let me interrupt you for a second. You said, movies stars.
You're not going to include local business people and, right, you're going to
keep it just for movie stars.
Ms. Soto: OK, in our corporation, we have written that we can give a star to
outstanding individuals of the Latin community, but it's only in paper.
Because what we really want to do is make of Calls Ocho like the Latin
Hollywood. We really don't want to get involved in this kind of local....
Mr. De Yurre: Who's going to determine who goes on those?
i
Mrs. Kennedy: Yes.
157 November 17, 14$$
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Ms. Soto: OK, we are selecting seven people who are going to be part of the
committee. OK, right now we have two people who are confirmed, but we don't
have the rest of the people confirmed because first we want to speak to you.
Mr. De Yurre: Who's going to select the seven persons for the committee?
Ms. Soto: Well, OK, we have Christina Saralegui, she work for Cosmopolitan en
Espanol and she known, you know... everybody together, we know who are the
people who are able to work together with us so we have a few names that we
have to talk to them first because, you know...
Mrs. Kennedy: At this point, you haven't talked to anybody.
Me. Soto: I'm sorry?
Mrs. Kennedy: At this point, you have not asked them to join the committee.
No. Soto: With the people from the committee? Are you talking about from the
people of the committee? OK, we have Christina Saralegui and we have Alba
Iguer, she works with T.H. and record company. We want to include somebody
from the radio and somebody from the TV to be part of the committee. Of
course, we have to speak to them first. So the people from the committee have
to be very selective people because we want this event to be international and
well recognized.
Mrs. Kennedy: And where will these plaques be located?
Me. Soto: OK, we are requesting S.W. 8th Street between 12th and 17th Avenue
when the Latin Quarter is and we want the plaque to be in held in the
sidewalk. The trophies will be there forever and this i■ - it's not exactly
what it's going to look like because the colors are not the same, of course.
But we have it, you know, with - and a star with the name of the people. The
interior of the star is going to be granite, you know, like pink, you know,
and the outside will be like gray because we want the color of Miami to be on
the star.
Mr. Plummer: Where's the money coming from to do this?
Ms. Soto: That's a good question. You have to bet that it's not coming from
the City of Miami because first of all, we want the permission. We're going
to work with a sponsor like international films, like, you know, those kind of
companies that - I don't want to mention any names but we're going to work
with people who want to be their name together with those kind of
international artists and athletes.
Mr. De Yurre: You know, Mr. Mayor...
Ms. Soto: And international corporation and we can work...
Mr. De Yurre: OK..
Ms. Soto: ... with federal grants too.
Mr. De Yurre: Excuse me, the concept... I like the idea, I think the concept
is a good concept. My concern is how it's going to function. You know,
particularly who's going to be the selecting committee, you know, what kind of
people we're going to have named there, the maintenance of that. We're
i talking about City property no...
Ms. Soto: Right.
Mr. De Yurre: ... we want to make sure that it does, you know, we're talking
about sponsors, you know, we don't want, you know, their logo on the corner of
the star on City - you know, these are the things that concern me. I think
that maybe in principle, we can adopt the idea and then we can further work on
it to refine it and take it from there.
Mrs. Kennedy: Come to us for it.
Ms. Soto: Right, yes that...
Mayor Suarez: And satisfy all of the things that he just mentioned plus
whatever the administration comes up with because it's quite a project that
you've got in mind here.
Mrs. Kennedy: If that's your motion, I'll second it.
Mr. De Turret OK.
Mrs. Kennedy: Come back to us and show us the final design for approval.
Mayor Suarez: OK, approved in principle.
Ms. Soto: With the names of the board? Is that what you want, the names of
the board?
Mr. De Turret Wall, the whole procedure. We may want to name the board, you
never know.
No. Soto: OK, I get the name of the board and I have to promise them that is
for sure that I'm going to have this.
Mr. De Turret Ten, you have to work with the administration to come up with a
viable plan.
Mayor Suarez: You can come up with a proposed list of names, I'm sure, but...
Ms. Soto: OK, we received a letter from Mr. James Kay that he said that we
have to be taking care of the maintenance of the plaque. Of course, we're
going to be doing that. Besides, I know that the fan clubs of these stars are
going to be more than grateful to be cleaning the star of their people
because, you know, and I think that...
Mayor Suarez: Fan clubs come and go, you know, and after a while, who knows,
but at least it will...
Ms. Soto: Well, the idea that I brought into Miami is almost the same idea as
they have in Hollywood.
Mayor Suarez: Yes, we've seen that idea.
Ms. Soto: There, in Hollywood, you have three miles and I think that in Miami
we're going to have, you know, in the future, like the Hispanic Hollywood
here.
Mayor Suarez: Beautiful.
Mrs. Kennedy: OK.
Mayor Suarez: OK, thank you.
Ms. Soto: All right.
Mayor Suarez: We have a motion and a second. Call the roll.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 88-1125
A MOTION APPROVING IN PRINCIPLE THE CONCEPT OF
INLAYING PLAQUES ON THE SIDEWALKS OF S.W. 8TH STREET
BETWEEN S.W. 12TH AND 17TH AVENUES SUBJECT TO THE
APPROVAL OF THE ADMINISTRATION; FURTHER INSTRUCTING
THE ADMINISTRATION TO WORK WITH SAID GROUP, PREPARE A
PROPOSED PLAN FOR THE PROJECT IN ITS ENTIRETY AND TO
COME BACK BEFORE THE CITY COMMISSION WITH A
RECOMMENDATION ON THIS ISSUE.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
1S9
November
17,
1988
r
AYES: Cotmeissioner Victor De Turre
Comissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
\j
70. PRESENTATION to Touth Group, Coconut Grove Cares.
Mayor Suarez: Yes, Barbara. We have a special presentation on behalf of the
Commission for the youngsters in Coconut Grove. Did I tell you this was going
to be done at 5:00 p.m.? We're thirteen minutes late but we're ready for you
•ery quickly.
Me. Barbara Wade: Mr. Mayor, Commissioners, City Manager, City Attorney, I
think I want to start by just saying thank you for your support. These young
people represent the first of two groups. This group, in particular, is a
group that was involved back in June when Darren was shot and their
Involvement on the corner at 3699 is called - Percival, is called, doing
something for Darren. As a result of what happened to Darren, they are all in
school, this is eight of 23 young people who work around Virrick Park and whom
you've seen on a basketball court. They're all in school are working. The
other group are gang members which is about 50 of them. But I just want to
tell you that to bring them here today and have them see how government work
and your support for them has got to go a long way with them. I would like to
have them look at you as mentors and hopefully, maybe five out of this eight
down here will be sitting where you're sitting.
Mayor Suarez: What - maybe not in the next election necessarily but sooner or
later. What's this I hear about a new gang called DBL?
Ms. Wade: Well, it's not DBL, it's called Positive Force. We decided to take
DBL off it because there's a very...
Mayor Suarez: Oh, you changed your mind on...
No. Wade: ... there's a very bad gang in Atlanta that's doing some terrible
things so the kids are called positive and they don't even want force on it
and as of today, they have disbanded two gangs to go into positive so it looks
like we're doing some good things. What we're trying to do is they're trying
to get peace and which is becoming very hard for us to do but we think we're
going to be able to do it. And that other group will see you on Saturday
along with this group.
Mayor Suarez: What time?
Ms. Wade: Ten o'clock.
Mayor Suarez: OK, we have a recognition for all the members of the
organization and you are doing a magnificent job on Saturday of cleaning up
that corner. Was it Oak or Percival?
UNIDENTIFIED SPEAKER: Percival.
Mayor Suarez: Percival and 37th and I don't know how it looks this week but
we made a pledge that every Saturday we'd be out there until it's permanently
clean and people in the neighborhood would get the idea they can't throw stuff
out there and I committed the Commission to go every Saturday out there until
that happens and do some raking and cleaning up. And they all happily agreed.
So, we've got certificates of appreciation. If you would step up, I'll give
them to you. To Lorenzo Francs, did I pronounce that right? Dudley Thomas.
Why dont' you give this to Mr. France, Commissioner? Arthur Smith and
Terrence Towns.
r r
Mayor Suarez: And we have City of Miami pins for those whose names we didn't
get in time to get the certificates. Carol Gordon or Gordoy7 OK. Charlie
Williams, Todd Anderson. Is that it?
Ms. Wade: Mr. Mayor, and I'd also like to introduce Mr. Hafey Krech and Jim
Joiner from Coconut Grove Cares who kind of sit in for us when we're not on
that corner.
Mayor Suarez: Very good.
Me. Wade: Thank you very much.
Mayor Suarez: Yes, of course, we'll provide everybody with certificates now
that we've got your names and hold us to the pledge of going out there every
Saturday until that corners been cleaned.
Ms. Wade: We missed one.
Mayor Suarez: What's the name?
UNIDENTIFIED SPEAKER: Roderick Williams.
No. Wade: Roderick Williams.
Mayor Suarez: Roderick Williams, Mr. Williams. Two hundred and thirty pounds
of cooperation with the City. Barbara, you've done a magnificent job and all
of you really and we hope to continue seeing you at Commission - don't
hesitate to come here and if you have items, suggestions, if the playground
Isn't fixed or the community has a problem, call on us. We had some little
problems last couple of weeks and we heard from you and we hope that that
continues and some of the Commissioners have their phones in the phone book.
Some others don't, but we're all accessible. Please.
Mr. Krech: On behalf of Coconut Grove Cares, I want to thank the Commission
for this act because I think it really is - when we can work in a positive
direction with these young people, I think we're really moving and I thank
Barbara for introducing me. I'm the new president of Coconut Grove Cares, of
the board, and you'll probably see more of me because I got some ideas and we
want to continue the great work of Elizabeth Virrick and move out further into
the community with young people like this. Thanks a lot.
Mayor Suarez: We found the...
Mrs. Kennedy: Congratulations and good luck.
Mayor Suarez: ... troubling situation of two weeks ago that at Virrick Park,
which is named after Elizabeth Virrick, the rims weren't even in good shape
and now we have a new parks director and we're staying on top of things, but
report to us if anything over there is not working right. OK.
71. WILFREDO CURBELO AND CODE ENFORCEMENT DISPUTE: request Cuban American
tj Bar to represent Mr. Curbelo pro bono
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Mayor Suarez: Item 41. Did we take a deferral on this at some point?
Mr. Plummer: We did it last week.
Mayor Suarez: What were we hoping to hear, what were we trying to do, solve
from the City Attorneys...
Mr. Wilfredo Curbelo: I had to wait.
Mr. Jorge Fernandez: Yes, this item was referred to me for my study and
consideration and come back to you and report on my findings and I'm ready to
do that at this time.
161 November 17,
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Mayor Suarez: chat are your findings?
Mr. Fernandez: My finding, in this case, the first question that I have
addressed is whether the City Commission is empowered to review a final
administrative decision of the Code Enforcement Board. My answer to you is
categorically, no. This City Commission is without any authority or any
jurisdiction whatsoever to consider any action that has been taken by the Code
Enforcement Board. I base myself on chapter 162 of Florida statutes, section
11 of that chapter, where it's the enabling legislation that puts together the
Code Enforcement Board. The City has appropriated that concept, adopted an
ordinance by passing it and clearly, both our ordinance and the State statute
provides for an appellate procedure in which the City Commission has
absolutely no role to play. Let me make an analogy for you to make this
clear. This is very similar...
Mayor Suaraz: Who does he appeal to? Who does he appeal to?
Mr. Dawkins: Nobody.
Mayor Suarez: Before you get into the analogy, is the appellate procedure
you're talking about the courts, is that what you're saying?
Mr. Fernandez: Tes, exactly.
Mayor Suarez: Has he taken advantage of that?
Mr. Fernandez: At one time, we received notification from one of his
attorneys that they had filed with the appellate division of the circuit court
notice of an appeal from the Code Enforcement Board. Most recently, last
reek, we found out that while we got a copy of a notice of appeal, apparently
that notice of appeal was not recorded with the court so they have not
perfected, to the best of my research, their appeal with the circuit court,
the appellate division. So, proceeding with the analogy, this is very similar
to the situation where a police officer will give a traffic citation to an
Individual who is perhaps speeding five miles above the speed limit or making
an improper turn, whatever the situation may be. The only recourse that
person has after he has been cited is to go to traffic court, to county court
handles those. That individual may come to this Commission, may complain
about the fact that we have police officers who are giving traffic citations
to people who only make improper turns instead of catching criminals, whatever
the allegations may be, but you cannot remove a ticket once a ticket has been
given. You have no jurisdiction to dispose of that type of a citation, that
type of a fine that has to be done according to procedure.
Mayor Suarez: That's an interesting analogy, see, that's why we pay him to
come up with analogies like that.
Mr. Fernandez: That is analogous to the situation we have here. Without
getting into the merits of it, simply addressing, first of all, the procedural
issue, which is that you have no power to entertain this issue on the merits.
Mayor Suarez: OK. Thank you, City Attorney, sir. Basically, Mr. Manager,
would you explain to him that so far what we've heard - OK.
Mr. Curbelo: Good evening, Mr. Mayor.
Mayor Suarez: Doesn't look like it's going to have much effect.
Mr. Curbelo: Mr. Mayor and Commissioner. my case is a grandfather clause.
Had many something wrong. I need some help because my English no is very
good. But when I can... Cesar Odio, the Manager, help me. My case, the
lawyers say, the Commission has no personalida juridic&, in Spanish.
Mayor Suarez: No legal authority.
Mr. Odio: No legal authority.
—` Mr. Curbelo: For decision in this case. The Commission is the maximum.
Mr. Curbelo: (Translated by Mr. Odio). According to him, the City Commission
is the maximum authority within the City jurisdiction. He has an appeal to
the circuit court eleventh since the llth of August, 1988.
162 November 17, 1988
V V
Mayor Suarez: Who is your attorney, air, in that appeal to the llth circuit
court?
Mr. Curbelo: He's over here. My lawyer was Mr. Fablo Ruiz. He make...
Mayor Suarez: Why do you may that he was, is he still your lawyer in that
appeal?
Mr. Curbelo: (Translated by Mr. Odio). Because the Commission take vacation
in August.
Mr. Curbelo: I had to make before 30 days.
Mrs. Kennedy: He's speaking in English, you know.
Mr. Curbelo: Well, I speak many language. I speak...
Mayor Suarez: Sometimes we need somebody to translate his English too, so
don't worry about it.
Mr. Odio: No, I think mine is worse.
Mr. Curbelo: I speak the international language, I'm a musician. Music is
the international language. I speak Chinese too.
Mayor Suarez: The legal language is what looks like may...
Mr. Curbalo: Parlare Italiano. But, my case...
Mayor Suarez: Is that still pending? Would you ask him if the case is still
pending in the circuit court?
Mr. Curbelo: (Translated by Mr. Odio). The case is still under appeal waiting
for the City Commission to decide. If the City Commission....
Mayor Suarez: We're about to do that.
Mr. Curbelo: (Translated by Mr. Odio). If the City Commission decides that
you cannot take this case, then he will continue with the appeal.
Mayor Suarez: Right, we're about to decide, I think, unless some Commissioner
has an opposing view that we have no legal authority. In which case you can
go...
Mr. Curbelo: (Translated by Mr. Odio). Then he will go back to the circuit
llth and the appeals already been made but this is a serious case. This is a
serious case. Because these people have done an change of zonification. They
have taken the attribution, I guess...
Mayor Suarez: The prerogative.
Mr. Curbelo: (Translated by Mr. Odio). Prerogative. That only the City
j Commission can take up.
-- Mayor Suarez: I think that there's some interesting equitable arguments that
you have but right now, we cannot legally get into this so we're going to
decide right now that you should go back to the llth circuit court.
Mr. Curbelo: (Translated by Mr. Odio). This is a grandfather clause that
was... this was built in 1925. When this goes to the circuit court eleven,
—� the case will be lost by the City. Because he has all the documents...
i
Mayor Suarez: Well, you know... apparently, even if we agree with you, the
Commission, we cannot do anything... OK, you have to wait till he translates.
Even if we agree with you, we cannot take any action except to send it back to
the llth circuit court.
i
Mr. Curbalo: (Translated by Mr. Odio). Then the City Commission will not
1 resolve anything. And that he would have to use a lawyer that would cost
him - I'm sorry...
9
3
-i
i
163 November 17, 1968
—i
V V
Mr. Curbelo: ... seven thousand dollars. And then, when I win the case, I
had to demand...
Mayor Suarez: Hope.
Mr. Curbelo: ... the City of Miami, yes, yes...
Mayor Suarez: No, why couldn't we, if he wins the case... wait.
Mr. Curbalo: ?es, I know one.
Mayor Suarez: Wait, if he wins the case, why couldn't we, at that point, and
accede to his...
Mr. Curbelo: (Translated by Mr. Odio). They went to, they vent to...
Mayor Suarez: OK, wait, sir. Just for the City Attorney. If he wins the
case in court, can't we just go ahead and agree to his wishes and not take him
up further on appeal or whatever?
Mr. Fernandez: If he has, in fact...
Mayor Suarez: If he prevails in 11th circuit court.
Mr. Fernandez: ... timely filed an appeal with the appellate division of the
circuit court and the appellate division rules in his favor, then the whole
case comes back...
Mayor Suarez: We can...
Mr. Fernandez: ... and then, through the proper zoning procedure, he can, in
fact, bring his house in compliance with the zoning for that area.
Mayor Suarez: OK, all right, thank you, sir. Explain that to him, Mr.
Manager. I think privately might be just as well. We don't need to put
anything in the record on that. Do we need to take any action on it if we're
disposed to follow your advice or can we just, no action on the matter?
Mr. Fernandez: No action on the matter. This is not properly in f ront of
you.
Mayor Suarez: OK.
Mr. Curbelo: (Translated by Mr. Odio). Different cases have been resolved
here at this level at other times. There are administrative cases. This is a
grave mistake that the City's making. One of the officials of the Zoning
board and the City told him we made a mistake in send this to the code
enforcement. This house is...
Mr. Curbelo: ...is a grandfather built clause in 1925.
Mayor Suarez: Do you agree with any of his substantive or equitable
arguments?
Mr. Fernandez: I have,spent substantial time, I would say anywheres between
twelve to fifteen hours of my own time as well as twice that of my staff time,
looking into...
Mayor Suarez: Do you agree with any of his arguments without telling us how
many hours you spent?
Mr. Fernandez: No, not with a single one of his arguments.
1
Mayor Suarez: Because I was thinking, Mr. City Attorney, that maybe we could
—' have passed like a resolution, you know, of support, and sent that back to the
circuit court if I wasn't totally legal. but you don't agree with his
arguments anyhow.
t
Mr. Fernandez: No, not with a single one of his arguments, not at all.
�J
Mayor Suarez: That it's been something inequitable or whatever.
S
164 November 17, JOSS �'
C V
Mr. Fernandez: Right.
Mayor Suarez: Sven though we have no legal remedy. OK, thank you, sir. We
can't do anything...
Mr. Curbelo: No, I had to explain better because I had many official document
over here.
INAUDIBLE COMMENTS NOT ENTERED INTO THE CITY RECORD.
Mr. Curbelo: The lawyer, City lawyer...
Mr. Odio: I was asking him if he has turned those documents over...
Mr. Curbelo: The City lawyer have...
Mr. Odio: ... City Attorney.
Mr. Curbelo: (Translated by Mr. Odio). All the documents have been handed
over to the City...
Mr. Curbelo: Mr. Plummer, Mr. Plummer in the last...
Mr. Odio: Mr. Plummer has them.
Mr. Curbelo: Give it to him the complete file and he insist, the lawyer
insisted....
Mr. Curbelo: (Translated by Mr. Odio). The problem is he maintains that it
— has been a mistake and that it's going to cost him about $5,000 or he has
costs, the man is going to cost him more... and asking for $7,000 and he
doesn't have how to pay, he doesn't know how he's going to pay for that. It's
really criminal that can...
Mr. Plummer: Are you all familiar with the case? You haven't seen the
documents? He has letters from the City of Miami saying that he was legal.
See, that's the problem.
Mr. Curbelo: Mr. Plummer sabe que es un grandfather.
Mr. Plummer: See, somebody got - look, you know, without getting into any big
hassle here, all right. This gentleman has letters from the City of Miami top
building officials stating that what he has done is legal.
Mr. Fernandez: Notwithstanding that, Mr. Plummer, we have fully researched
that, we have looked into the merits as well as to the law that controls that
and that doesn't hold any water. We're ready to defend the position of the
Building and Zoning Department in bringing this case properly in front of the
Code Enforcement Board. I've sat with the Curbelo'e, with both of them, for
over two and a half hours one afternoon and I engaged them, item by item, in
every single issue that they had a concern. I went back to the department, I
met and I talked, myself or my staff, with everyone who was a player in this
proceeding and I am perfectly satisfied that the City has acted properly, that
this came properly in front of the Code Enforcement Board and that the
determination has been properly made. And if I were to opine whether, in
fact, there is a violation of zoning which I am not being asked because it's
not a relevant issue at this time, the finding would be that yes it is a
violation.
Mr. Curbelo: Senor alcalde, senores comisionados. Yo quiero quo me escuchen
con atencion.
Mayor Suarez: We're looking for a lawyer for you. He's about to leave.
Mayor Suarez: I think Steve Helfman would be another alternative.
Mr. De Yurre: Can we get help from the Cuban American Bar Association, does
pro bono work to give him a hand?
Mayor Suarez: Can we find somebody, you think, because the City's not going
to be defending this, I think, with much vigor. We recognize that there was
some points along the line here where we may have blown it in some way or
another.
165 November 17, 1968 T
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. De Turre: OK, I move to defer this item...
Mayor Suarez: Or, at least at cost, I'm sorry. Or at least, you know, a
minor fee.
Mr. De Turre: Basic cost. OK. I move to defer this item.
Mayor Suarez: Move to defer with that recommendation.
Mr. Dawkins: Second.
Mr. De Yurre: Teo.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Second. Would you, when you refer it to the Cuban American Bar
Association for a pro bono attorney, or at cost, explain to them that this is
once in a lifetime type case that we recognize that there were some things the
City may have done at some point that may have indicated to them that they
could do what they, in fact, did and that it really is an extraordinary case.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Beautiful, thank you, Counselor.
Mr. De Yurre: Thank you.
Mayor Suarez: OK, call the roll on the motion.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 88-1126
A MOTION TO DEFER AGENDA ITEM NO. 41 (IN CONNECTION WITH
THE CITY ATTORNEY'S REPORT AND RECOMMENDATION CONCERNING A
DECISION OF THE CODE ENFORCEMENT BOARD WHICH INVOLVED
PROPERTY OWNED BY MR. WILFREDO CURBELO AT 1500 S.W. 13TH
STREET) UNTIL THE CUBAN AMERICAN BAR ASSOCIATION CAN BE
NOTIFIED IN ORDER TO REQUEST LEGAL REPRESENTATION ON
BEHALF OF CURBELO ON A PRO BONO BASIS.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plumaner, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice Mayor Rosario Kennedy
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: Well, what is the motion?
Mr. De Yurre: Defer.
Mr. Foeman: To defer.
Mr. Plummer: Defer to what? I'm sorry, I mean, we're not deferring, there's
no action.
Mayor Suarez: Well, let's then make the motion to refer to the Cuban American
Bar Association to see if they will represent him at least that way....
Mr. Plummer: That's fine. OK, that's fine. I'll vote yes.
166 November 17, 1964
y�
01-
Mayor Suarez: we're taking no action, so it's the same as...
Mr. Plummer: There is no action for us to take.
Mayor Suarez: Right. OK.
Mr. Plummer: I voted yes.
72. FM 92 RADIO STATION: waive rent at amphitheater for Jose Canseco
Mr. De Turre: Mr. Mayor, we have Osvaldo Soto here representing FM 92 they
just need our OK for a fee waiver for the amphitheater on December 3rd, the
data has been checked already, it's to honor Jose Canseco from 3:00 to 5:00
p.m. on that date. And I so move.
Mr. Plummer: Well, wait a minute, what...
Mayor Suarez: Moved and seconded.
Mr. Plummer: What, what item?
Mr. De Turre: Oh, it's a special thing... and this comes as an emergency item
because we have no meeting before the 15th.
Mayor Suarez: We'd have to cancel the other parade and everything, I guess,
huh?
UNIDENTIFIED SPEAKER: I know, your Honor, I...
Mr. Plummer: I don't know what the hell you're talking about.
Mr. De Turre: FM 92 wants the amphitheater.
Mr. Plummer: Yes.
Mr. De Yurre: To honor Jose Canseco.
Mr. Plummer: Oh, fine, fine, fine.
Mr. De Yurre: OK.
Mayor Suarez: We have a motion and a second. Call the roll before he changes
his mind.
The following motion was introduced by Commissioner De Yurre, who moved
Its adoption:
MOTION NO. 88-1127
WEBB
A MOTION GRANTING REQUEST RECEIVED FROM
REPRESENTATIVES OF FM 92 RADIO STATION FOR WAIVER OF
RENTAL FEE FOR THE USE OF BAYFRONT PARK AMPHITHEATER
TO HONOR JOSE CANSECO ON DECEMBER 3, 1988, BETWEEN
3:00 P.M. AND 5:00 P.M.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Rosario Kennedy
167 November 17, 1988
r
Mayor Suarez: Now, if TM 92 pays you for your appearance Sere today, you be
sure to take that money and give it to Mr. Curbelo or to the Cuban bar
Association to use in a...
Mr. Plummerr As a wedding gift.
Mr. Osvaldo Soto: Mr. Mayor, the Mayor and the Commission is not
of what I have done for the Iost one year is to work pro bono for the City of
Miami.
Mayor Suarez: OK, counselor.
73. APPROVE IN PRINCIPLE A CHILD CARE CENTER AT THE ALLAPATTAH MINI -PARK.
Mayor Suarez: Item 43. Item 43, proposed City park mites that may be
suitable .for the location of a day care center. Commissioner De Turre.
Mr. De Turre: Teo, Mr. Mayor - let me see where we're at. As this Commission
may recall about 2, 3 meetings ago, I brought up the idea of looking into
different park sites for the possible use of day care centers involving the
private sector coming in and working out a lease arrangement with the City and
us getting a percentage of the gross of the income that is made by these
entities. First of all, we certainly recognize the need for day care
facilities in the City of Miami and in conjunction with that, the department
has given you a list of parks and, in fact, has given you a breakdown of the
need per areas of our City of Miami. As you may... if you have the attachment
A, you'll see a breakdown of possible parks as day care sites that are
available and you can see the number of children under the age of six that
would be... come under this need and the available spaces presently for day
care facilities in those areas and we've gone throughout the whole City
Identifying these locations and I'd like to hear from staff at this point in
time on this issue if I may.
Mr. Kevin Smith: Commissioners, as we were instructed in the September 8th
meeting, we took the task of preparing a list of park facilities that would be
possible considerations for land lease or whatever your preference would be to
locate for profit day care centers in the parks. And the criteria used for
the statistics available to us from the Planning Department in certain target
areas, as well as the number of existing day care centers currently available
in the same target areas. As you can see, through the proposed sites, we have
located the sites throughout the entire City which these sites, by the way,
tie into the map that is up on the overhead. Attachment A indicates the sites
by park, neighborhood service area, as well as park, the estimated number of
children living in that area, the number of existing day care facilities that
are licensed in that area with the total number of slots currently available.
By slots we mean each site that has the number licensed. Based on this
information, we came up with these statistics that you see the parks
recommendations, etcetera, so we bring them back to you for your consideration
and for your direction.
Mr. De Turre: One thing which should be pointed out which In really
unbelievable is like in the Curtis Park area, there are over 17,000 children
under the age of six and yet there are only 10 slots in all that area that
provide day care service. So that would mean that, you know, 100 percent of
these children have no day care facility where the parents can drop them off
while they go to work, etcetera. And certainly this shows that there's dire
need to provide this kind of service. I've been talking with Kinder Care
which is a national company that deals in and it's a for profit business that
they have me far as day care centers are concerned. They are more than
willing to sit down end get involved in this process because they're really
enthused about the whole thing. They came down from Alabama, in fact, a few
weeks ago through Jim Brennan and Senator Pepper's office that they saw that
this was a viable and a very positive situation for the City of Miami and they
wanted to be a part of it. And what I would like at this time, Mr. Mayor, is
to, with these parks that we have, to to...
Mrs. Kennedy: Excuse me, Mr. De Turre, let me interrupt you there. That
company that you referred to is a private company.
168 November 17, 11i08
r
or
Mr. De Turre: It is, it's a for profit company.
Mrs. Kennedy: OK. Absolutely.
Mr. De Turre: And that's what Mere talking about, Mere talking about
leasing for profit these parks on a long term basis wherein they come in and
they build, in fact, they are self supporting as for as building the
facilities. These are buildings that, at the and of the lease, the City Mould
keep, so that's a benefit for us. Additionally, we will get a percentage of
the gross from what is generated as for as this In concerned. Not only
that...
Mrs. Kennedy: You will lose three-quarter of all your kids if you do...
Mr. De Turre: The what?
Mrs. Kennedy: Three-quarters of all your - I just don't think it will work,
but that's another discussion for another day.
Mr. De Yurre: Well, I think...
Mrs. Kennedy: If you make it private, the people just will not be able to
afford it.
Mr. De Yurre: Well, the point is that if. and that's a decision that the
private sector would have to make, they're the ones that are going to tell us
if it's profitable for them to get into this venture or not. And their
indication has been that they think that it's a viable idea so if...
Mrs. Kennedy: Well, for them, sure. But I'm talking about the kids in the
City of Miami who use it.
Mr. De Yurre: Well, understand the following, if, for them to be viable as
far as economics are concerned, there have to be kids that are going to be
there if not, it's not going to be viable for them. So, obviously, if it's
profitable for them it's because it is being used and my concept is that not
only that we would benefit from that but additionally they would take care of
the upkeep of the parks so it be a savings for the. City as far as the cost
that we have today of maintenance and the parks that would be selected.
Mayor Suarez: Built into the specs would be the requirement that they
maintain the park ground which the facility is?
Mr. De Yurre: That's right.
Mayor Suarez: And that they only use up a small percentage of the park for...
Mr. De Yurre: We would designate - we would sit down and designate exactly
what is usable and, you know, what's better than having kids at a park? You
know, we're trying to take some of these parks are under used and put them to
work wherein our children can benefit and we're providing a service that's
sorely needed in our community.
Mayor Suarez: You're saying it's an alternative to selling off some of these
parks which we lose forever the use of that property.
Mr. De Yurre: Certainly.
Mayor Suarez: Where, someday, the City's more dense it may be that we need
them.
Mr. De Yurre: The only question that I have and I'm addressing the legal
i department, is to asks sure that, if there are any covenants or deed
i restrictions in some of these parks that may have been donated to the City
that might cast some kind of problem as far as what we're proposing here
today. And, hopefully, by the December 15th meeting we can have that cleared
up and we can make a determination on whether to put out an RPT or whether
this Commission feels that this is a way to go or not.
Mayor Suarez: Very good.
169 November 17, 1988
f
Mr. Plummer: So what's being asked today?
r
Mayor Suarez: Are you asking for anything of the Commission?
Mr. De Turret Well, right now...
Mayor Suarez: Just reporting.
Mr. De Turret ... what I'm doing is appraising you of the parks that have
been proposed for this and I think that, you know, between this meeting and
the December 15th meeting, we can, you know, each individual Commissioner can
do their research as to the viability of these parks and we can by that time,
we'll have some direction from the Legal Department as to whether any legal
problems involved with any of these parks and we can make a decision policy
wise whether we want to go ahead and proceed with this type of program.
Mayor Suarez: That's fine. OK, staff is so instructed. I don't think we
need a vote on that.
Mr. De Turre: No. OK, we also have a - in conjunction with the day care park
process, the group from Allapattah Wynwood that are working with the
Allapattah mini park and they wanted to make a short presentation on that
Issue.
Mr. Jose Vila: Good evening, Mr. Mayor, my name is Jose Vila, and members of
the Commission. I'm here to represent the Allapattah Wynwood Development
Corporation. The project that we have in mind is not a for profit day care,
it's a non profit organization and it's based in one of the parks that Park
and Recreation is willing to lease to our corporation if the Commission is
willing to vote yes.
Mayor Suarez: This is a not for profit.
Mr. Vila: Non for profit, yes.
Mayor Suarez: And what park is that that's being illustrated there?
Mr. Vila: It's on 16th Avenue...
Mayor Suarez: What park is it, does it have a name?
Mr. De Yurre: It's a mini park, the Allapattah mini park that is not being
used at all right now.
Mayor Suarez: Sixteenth Avenue and what street?
UNIDENTIFIED SPEAKER: On 15th...
Mr. Vila: Between 15 and 16th Street. We come forward to you to ask for a
revocable permits if we obtain the money from the federal government...
Mr. De Yurre: From Tallahassee.
Mr. Vila: ... to build... Tallahassee, I'm sorry, state government, to build
the day care and with the cooperation of United Way and Title 20 project, we
are willing to go forward and run the day care. There's no money involved
from the City of Miami, everything would come from state and from those
projects.
Mr. Plummer: What are you going to pay the City for the use of City property?
Mr. Vila: Well...
Mr. De Yurre: Well, they're doing it not, they're not for profit. This is a
not for profit.
Mr. Vila: We are non for profit. We're not gaining anything from the day
care. It's just to offer this empty slots for the kids that are around this
area.
Mr. Plummer: And how much property would you be using?
' 170 November 17, 1988
C
Mr. Vila: It's total is 13,000 square feet plus.
Mr. Plummer: Of the property or building?
e
Mr. Vila: No, no, no, this is a park. It's a park that is almost not used
and Park and Recreation is going...
Mayor Suarez: It's about a third of an acre, but are you saying that that
third of an acre is the actual built up area or the entire park?
Mr. De Turret There's nothing there.
Mr. Vila: No, no. No, no. The entire park. The built up area is not almost
5,000 square feet.
Mayor Suarez: No, no, I know there's nothing there but I'm just wondering if
the thirteen thousand In the entire park. The entire park's pretty small
then.
Mr. Vila: Thirteen thousand, yes, pretty small.
Mayor Suarez: Very small.
Mr. Vila: Very small, yes.
Mayor Suarez: OK and how much of that park, what is now presumably empty,
will you be building? How much is the total amount of square footage of the
building?
Mr. Vila: It's almost 5,000 square feet.
Mayor Suarez: And how many kids would it be used for?
Mr. Vila: From 80 to 110 kids.
Mrs. Kennedy: What ages?
Mr. Plummer: Sight to hundred...
Mr. Vila: Eighty, eighty.
Mr. Plummer: Oh, oh.
Mr. Vila: Eighty.
Mrs. Kennedy: What ages are we talking about?
Mr. Vila: From infants to five year olds which is a lot of kids in that area,
it's almost 6,000.
Mayor Suarez: Who regulates the child care centers? Is there an agency of
the state that...
Mr. Vila: HRS, HRS.
Mayor Suarez: ... so as long as you're HRS licensed, we don't have to worry
about the...
Mr. Vila: That's right, that's right.
Mayor Suaret: ... concerns having to do with health and proper supervision.
Mr. Vila: That's right.
Mayor Suarez: I have no problem with the concept, it sounds like a very good
Idea. It's sounds like the park In totally unused at this point, right?
Mr. De Turret Not used at all.
Mayor Suarez: It's not even a park really, 13,000 square feet is just kind of
a...
171 Noveaber 17, 1998
r
Mr. Plummer: Has the Manager seen this proposal?
Mr. Odio: I have not but Kevin Smith...
Mr. Vile: Kevin Smith and I both...
Mrs. Kennedy: Who's going to run this operation?
Mayor Suarez: Get a conceptual approval and send it?
Mr. De Turre: ... I don't know, so they can go ahead and get the money in
Tallahassee.
Mr. Odlo: I'd like Kevin to address the financial....
Mayor Suarez: Teo, it's going to be a while before they get the money.
Mr. Smith: Commissioners, I've had the opportunity to review the proposal and
it's a beautiful site in concept but my major concern is that if the state
funding is available to operate the facility so that in the future that the
financing doesn't fall through it another time and that's the major concern of
the reviewing of the proposal.
Mayor Suarez: OK, can we conceptually approve it and send it back to see if
you can get your financing in order?
Mr. Smith: OK.
Mrs. Kennedy: Well, excuse me a second, what are you asking of us? To give
you the park, the state will give you the money to build it and then how about
the operation, the actual....
Mr. Vila: Right. That's the one I was coming for. I spoke to the office of
Joyce McCall& which is the representative for Title 20...
Mr. Odio: One second, I need to get a clarification from the Law Department
because I don't think we can give them the property. We would have to...
Mr. De Yurre: No, it's a revocable permit.
Mr. Vila: It's a revocable permit, it's not that you're giving us the land.
Mrs. Kennedy: OK, you were saying you were going to apply for title 20.
Mr. Vila: For title 20 which they do have $800,000 for the State of Florida,
the slots and from the United Way, I spoke to...
Mrs. Kennedy: But title 20 pays for part of...
Mr. Vila: It pays $40 a week per child.
Mrs. Kennedy; OK, and how much are you going to charge?
Mr. Vila: We're going to charge 620.00.
which charge from $40 to $55 a week.
Mrs. Kennedy: Sure.
In comparison to a private day care,
Ms. Carmen Evans: Excuse me, I spoke yesterday with Charles Oxford, who's the
fiscal manager for Dade County child development services.
Mr. Plummer: Excuse me, would you identify yourself, please?
No. Evans: Oh, my names Carmen Evans and I'm the administrator of day care
programs for the City of Miami. As I was saying, I spoke yesterday with
Charles Oxford and he's the fiscal manager for Dade County child development
services and he told me that title 20 had a total funding of $9,000,000 for
5,000 child care slots this fiscal year. And they have $300,000 for project
Independence and he also told me that they were not going to fund any now day
care centers start up. In order to receive funds, you had to be an existing
center, you had to already be receiving title 20 monies and you also had to
receive 100 percent on your last title 20 assessment which is an assessment
that they do on all centers that participate in the title 20 program.
172 November 17, 1948
r rb:
Mr. Plummer: So what are you saying, that these people here would not be
entitled to any of those monies?
Ms. Evans: It just looks like there's not much likelihood that they'll be
getting any additional monies to support a new center that's just starting up.
Mr. Vila: I spoke yesterday with the office of Joyce McCalla, you can phone
her if you want. Her phone number is 375-4670 and their office stated
something similar to hers, what she said. In order for any day care to obtain
any funds, it has to be constructed. Not that they're going to give more
money or not any more money, the only requirement that they need In that the
day care must be constructed and in order for us to request the funding, we
need to have the day care constructed. That's the only requirement that she
asked for. Then you send an application, they review it...
Mr. Odio: Excuse me, I want to understand something. How would you build the
day care, with what funds?
Mr. Vila: Luis Morse is going to represent us in State of Tallahassee and
he's the one that's going to get us the money from there.
Mr. Odio: I think in concept, it's a good concept. What we need to do though
is that we have guarantees of financing in place before you move on,
Commission, that...
Mr. De Yurre: And, first of all, you have to get the $300,000. Before we get
the $300,000, we have to commit to saying we will give you the revocable
permit so you can go ahead and get the $300,000.
Mr. Odio: You can do it subject to getting...
Mr. Vila: Right.
Mr. Odio: ... the finance.
Mr. De Yurre: So, and then...
Mr. Odio: But...
Mr. De Yurre: ... even if they build the building, the worst position of the
City is going to be that we have a building where there was nothing before and
then we use it for whatever activity we want, rec hall or whatever we want to
do with it. So...
Mr. Plummer: So, in other words, what you're saying is, that they would not
get the revocable permit until such time as they get the funding.
Mr. De Yurre: That's right.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: No, that's the way it would have to be. Some other group wanted
to come in with private funding and the property is restricted...
Mr. De Yurre: Sure.
Mr. Plummer: ... then that's going to be a detriment.
Mr. De Yurre: That's right. So, I would make a motion at this time that with
that understanding that they get the 4300,000 and to build the facility and
that point in time we would be willing to give them that revocable permit for
the use of the park.
Mr. Vila: Can we get a revocable permit pending on the money that we're going
to get...
Mr. De Yurre: Yes.
Mr. Vila: ... because Tallahassee won't even look at our faces.
Mr. De Yurre: Well, that's basically what we're saying.
1
173 November 17, 1986
11
C7
Mr. Vila: OK, all right.
Mayor Suarez: Tao, that's...
Mr. Plummer: No, that's not what we said now.
Mr. Vilar That's not...
Mr. De Turre: Well...
Mr. Plummer: No, no, no.
Mr. De Turre: What are we saying?
Mr. Plummerr Well, we're saying that the City would be willing to issue a
revocable permit as such time as you have the $300,000 grant to build. Which
In the same to them up there.
Mr. Vila: To down there, it doesn't make any sense to them if we don't have
anything to fall back on.
Mr. Odio: No, no, let me give you some background. We did this with the
municipalities...
Mr. Plummer: Southwest.
Mayor Suarez: Southwest.
Mr. Plummer: Exactly.
Mr. Odio: And with Southwest. We told them the same thing and it worked.
Mayor Suarez: Well, draft a similar resolution is what they would be needing
then, if it works with the legislature.
Mr. De Yurre: OK.
Mr. Vila: So, what would this resolution...
Mr. De Yurre: It'll give you legal...
Mr. Vila: How would it be stated?
Mr. De Yurre: It'll give you legally what you need to get the money.
Mayor Suarez: Well, you'll see it. It's worked in other cases and that's the
best we can do.
Mr. De Yurre: OK?
Mr. Vila: That's fine with us, thank you.
Mr. Plummer: Well, let me ask another question here because I'm concerned
because I've seen it happen before and I express this to you all. What
happens if they don't get the money to operate the facility or worse, is that
they get funding for one year and don't have after one year funding?
Mr. Odio: Then...
Mr. De Turre: We get it back.
Mayor Suarez: It reverts back to the City.
Mr. Vila: Then the property and the building and everything is Miami's
property.
Mr. De Turre: We have a 5,000 square foot facility we can use for whatever
purpose we want where there was nothing before.
Mr. Dawkins: For the homeless.
174 November 17, 1988
S
f
Mayor Suarezt For the homeless.
Mr. De Turret For the homeless.
Mr. Plummert OK.
Mayor Suarez: No funerals.
Mr. Plummer: Not in that area.
Mr. De Turret That would be a pretty nice funeral parlor.
Mr. Plummer: Nobody dies in that area.
Mayor Suarazt No funeral homes. OK, do we have a motion?
Mr. De Turret I move it.
Mayor Suarez: Do we have a second? I'll second.
Mrs. Kennedy: It has been moved and seconded to approve it conceptually. Any
further discussion from this Commission? Please call the roll.
Mr. Plummer: Conceptually, predicated on the funding from the State of
Florida of $300,000.
Mrs. Kennedy: Correct. Call the roll.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 88-1128
A MOTION APPROVING IN PRINCIPLE THE CONCEPT OF
PROPOSED ISSUANCE OF A REVOCABLE PERMIT FOR LEASE OF
CITY OWNED LAND (LOCATED AT APPROXIMATELY N.W. 15TH
STREET AND 16TH AVENUE) TO REPRESENTATIVES OF THE
ALLAPATTAH WYNWOOD DEVELOPMENT CORPORATION FOR
ESTABLISHMENT OF A CHILD CARE CENTER PREDICATED UPON
SAID GROUP FIRST OBTAINING FINANCING FROM THE STATE OF
FLORIDA (FROM TITLE XX FUNDS) IN THE AMOUNT OF
$300,000 IN ORDER TO BUILD SAID DAY CARE FACILITY.
- Upon being seconded by Mayor Suarez, the motion was passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
j Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
—( Mayor Xavier L. Suarez
NOES: None.
0
`` ABSENTt None.
I
COMMENTS DURING ROLL CALL:
Mrs. Kennedy: Day care centers has been one of my pet projects, I vote yes.
—� Mr. Vila: Thank you very much.
�rifL
f 4
175 NovembRr 17,R111s
Y;1¥`
74. BATTRONT PARK: status report
Mayor Suarez: OK, item 44, status report on Bayfront Park. Who had requested
this? Was it the Commission as a whole or any one Commissioner?
Mrs. Kennedy: Commissioner De Turre requested it.
Mr. De Turre: I requested it initially but I think it's something we should
all be interested in finding out what's happening with Bayfront Park.
Mr. Plummer: You mean all of that money?
Mr. De Turre: You're on.
Mr. Wally Lee: OK, item 44, Bayfront Park. Pete Long will pass out his
status report and I'll walk you through giving you the highlights of the
report.
INAUDIBLE COMMENTS NOT ENTERED IN THE PUBLIC RECORD.
Mr. Lee: Right. Bayfront Park redevelopment, phase I. This part of the
project covers all the landscaping, transplanting, top soil, sod and temporary
Irrigation for all the park north of Flagler Street promenade. It also
provides for new landscaping material. At the present time, work is about 99
percent completed and we're looking at a completion date of December 1st. On
the...
Mr. De Turre: Is that completion date here in the report?
Mr. Lee: No, sir, I'm giving it to you now after reviewing it with Pete Long.
Mr. De Yurre: OK.
Mr. Lee: The second, or phase II of the Bayfront Park redevelopment, covers
the construction of the light tower and light tower building, the service
building, maintenance space, retaining walls, park lighting, walks and an
irrigation system, storm and sanitary sewers, water lines and the grading in
the area of the park between Bayside and the Flagler Street promenade which
includes the amphitheater. The project is, again, about 99 percent complete
and it should be completed by December 1st.
Mr. De Yurre: Now, give me the features of that segment. What does it
include, the amphitheater?
Mr. Lee: Let me repeat them, the light tower...
Mr. De Yurre: Then that's completed?
Mr. Lee: The light tower is basically completed, we're expecting the
installation of the laser which I will get to later on.
Mr. De Yurre: OK, to, physically it's there in place and we just have to
install the equipment for the laser. Is that correct?
Mr. Lee: That is correct, yes, sir.
Mr. De Yurre: OK.
Mr. Lee: If you want to, I can give you the status of the laser right now.
Mr. De Yurre: Well, OK, go ahead.
Mr. Lee: OK. The bids were received in October of 187, the purchase vas
authorized in November, this month, and we expect to have the items received
and installed prior to the Super Bowl festivities.
Mr. De Yurre: OK.
176 November 17, 1988
V f
contractor is trying to work around the various events being held and we would
expect to complete this part of the work by January 15th of 1989. There is
also the installation of on electronic message sign on Biscayne Boulevard and
certain other work associated with this billboard. It was out to bid, we
received the bid and work is expected to be completed... Pete?... January 15th
at the latest. There is oleo, where I see a small problem. The original
security fence in this area, when the project originally started, was between
four and eight hundred lineal feet of a four foot height fence. Right now the
bayfront Park Management Trust has requested security fence changes and
additions that may cost as much as $120,000.
Mr. De Yurre: Where would this fence... where is it supposed to be?
Mr. Lee: Pete, if you could please describe the exact area.
Mr. Pete Longs It began over... let me make sure that... yes, do you know
where the service building is? This building is buried underneath the
northeast corner. It began about midway there and run down behind the
amphitheater and around on the south side of the light tower and then
discontinue there, but continue again on the north side of the light tower and
run up to the amphi wall, really just to keep people out of the paid events
and there In an additional feature, we would also be fence added to keep the
people who do pay from getting back stage, so that's one of the reasons for
such a long fence.
Mr. Dawkins: How much are we paying the Bayfront Authority to run the park? -
to manage the park?
Mr. Long: I don't know their amounts. I'd rather them to speak to their
budget.
Mr. Dawkins: OK, you can tell him. There he is right there.
Mr. Ira Katz: We, you, the Commission approved an overall budget inclusive of
maintenance for $413,446 a share.
Mr. Dawkins: And now I must add $120,000 of that for some fencing.
Mr. Katz: Let me answer that Commissioner Dawkins in that the $120,000
investment you would make would be recouped in a matter of a couple of years
by the end...
Mr. Dawkins: Well, why can't the Management Trust recoup it? Why must the
citizens of the City of Miami recoup it?
Mr. Long: The report there doesn't absolutely say it is an additional $120...
Mr. Dawkins: Pete Long, I hate to cut you off, sir, but I was speaking to
him, and he was answering some questions for me. Now, when he finishes, then
I can hear from you, please, sir. Go right ahead, air.
Mr. Katz: I'm sorry, you asked me...?
Mr. Dawkins: If the money can be recouped, OK, why is it that the citizens of
Miami must put it out and wait for it to come back? Why can't the trust take
it from its operational funds and put it out and wait to get it back?
Mr. Katz: Commissioner Dawkins, the reason for that is the trust is running
on a very tight fiscal budget this year and in...
Mr. Dawkins: OK, and so are wel
Mr. Katz: I understand that sir, with all due respect, this is a capital
improvement.
Mr. Dawkins: That's good. I thank you. Now, OK, go ahead, Mr. Long.
Mr. Long: This $120,000 additional cost that I spoke of is not definite yet.
I would like to go back and try to talk to the contractor to negotiate a lower
price. I received this a couple of days ago, this lest estimate and I just
wanted to alert you that the possibility exists that there may be additional
costs on this project.
177 November 17, 1988
V
Mr. De Turre: Well, why in the increase? What is itdue to? What is the
Increase due to?
Mr. Longs I would estimate right now, and all my costs are not in, that if I
had to spend $120,000 for that fence, it would cause an overrun of
approximately $60,000 on the project.
Mr. De Yurre: OK, now, what is different about the fence from what it was
designed originally to what is being proposed now, that creates $120,000
difference?
Mr. Long: OK, the original fence was not a fence that was designed to keep
people, nonpaying people out of an event. It was only a fence to control the
crowd, a low fence along the outside edges of the amphitheater, but since that
time the concept, the whole concept of the amphitheater has changed to place
where paid events, money -making functions will take place and this requires a
lot more fence and a much higher fence.
Mr. Dawkins: In other words, Commissioner De Yurre, the operators have events
and now they are losing money because they do not have a restraining fence
that will prevent people from coming in free, and they want the City of Miami
to put up a fence so that they can make more money by having people pay, so
they are asking us again to foot the bill, that's all, sir.
Mr. De Yurre: Let me ask you this. Why do think a four -foot fence... are you
talking about a fence, or are you talking about a wall?
Mr. Long: Talking about a fence constructed of galvanized metal pickets,
approximately one inch square, eight feet high.
Mr. De Yurre: How many feet high?
Mr. Long: Eight feet high.
Mr. De Yurre: I though we were talking about a four foot...
Mr. Long: Originally we were.
Mr. De Yurre: OK, now we are going eight, OK.
Mr. Dawkins: That's why there is a difference in cost.
Mr. Lee: You now have instead of the original four foot fence, Commissioner,
which was estimated between four and eight hundred lineal feet, we are talking
now in excess of 1,600 feet of this...
Mayor Suarez: Now, is this fence removable?
Mr. Long: Very much consideration was given when we were talking about this
fence. As a matter of fact, we talked about it for six months and
consideration was given to make it removable and it was decided that it would
be impracticable to make it removable.
Mayor Suarez: OK, now, we got a problem here. You are proposing, you Mr.
Katz, the trust, somebody, an eight foot permanent fence around the
amphitheater? Somebody better answer that question, either that or I've
been...
Mrs. Kennedy: No wayl
Mr. Katz: The permanent fence that was going to be put in the amphitheater was
going to be put in tree -line and it vas still going to have the general
access, the access up to the amphi... well, the access to the back, it was
just in the tree -line area. It is almost similar to the wall that is existing
on the...
Mayor Suarez: I don't want an permanent fences, I don't know about the rest
of the Commission. I don't want any permanent fences anywhere in the park.
Mrs. Kennedy: No way, no wayl
178 November 17, 1988
}
Mr. Katz: OK,
Mayor Suarez: Nov, you have been working without permanent fencPS, you've
been working reasonable well, you've been :.Waking money, and you know, it's a
great attraction, it's a great facility for the City, it's used by the
community, and now you are telling us you are going to put a permanent eight
foot fence?
Mrs. Kennedy: Mr. Mayor, I feel the same way you do. The original concept
was a fence that could be removable for those events that were paid events in
the park. Under no circumstances would I vote for a permanent eight foot
well, no way.
Mr. De Turre: I'm kind of confused here right now. You know, if we have Vice
Mayor Kennedy, and she's just expressed her views on this, and I think you all
know what the feeling is in this Commission, they want open space at the park.
Why have you all spent months working on something that you know will not be
approved? I'd like to have an answer to that, you know, I'm just curious
about the thought pattern here.
Mr. Rodney Barreto: Well, the thought pattern is easy, Commissioner. You
have empowered us to go ahead and to take this park under our wings and to
raise money and hopefully next year we are going to come in front of this
Commission, and not asking for a penny. We foresee in the future that we are
going to have events down the park. I mean, since the grand opening of the
park, we have this year alone, in 1989, or going into 1989, 80 something dates
booked for this park. We felt that having a permanent fence in place, but you
know, unfortunately trying to explain the fence the way it is right now...
Mr. De Yurre: Yes, but my point is, I'm sure that Rosario has been you know,
apprised, I am sure you apprised her of what's going on and I am sure she has
told you what she has expressed here today, so why pursue it? You know,
that's my thought.
Mr. Barreto: I don't know what fence you are talking about, Commissioner.
Mayor Suarez: The fence has just disappeared.
Mr. Barreto: The fence just disappeared. We are not going to be putting a
permanent fence.
Mayor Suarez: You know, about three months ago Rodney, you know what
happened. There was some kind of a fence out there. I went there on a
Saturday or a Sunday, and I tried to go through the park as people do, and
show it to friends from the outside, or my family or something, and all of a
sudden there was a fence there that you couldn't go over, and I hit the roof
and I called in and I said, have we approved a permanent fence, or any kind of
fence for the park, and I was told, no, no, all we are going to have is just a
very small unobtrusive, removable, little fence to keep people during events
that we want to charge for, a certain number of people want to be allowed in,
and now all of sudden, three months later, after we've got a trust
established, we've got a chairperson of the trust, we've got a full time
official in charge of this, we've got Pete Long, we've got Assistant City
Manager in charge of Bayfront Park, we've got a $413,000 budget, unless I've
missed something somewhere. Why do we, all of a sudden, because someone
happened to ask for a report, get back this idea of an eight foot permanent
fence around the park? Something really is amiss here, I...
Mr. Plummer: That's so that they can call on the $6,000 telephone. Are the
$6,000 telephones in yet?
Mr. Dawkins: Let me ask one...
Mr. Plummer: No, no, wait a minute, excuse me I'd like an answer.
Mr. Dawkins: I'm sorry, J.L.
Mr. Plummer: Are my $6,000 telephones in yet? I mean, is it a busy signal, am
I being put on hold? Is there no answer? What about the $6,000 telephones?
Mr. De Turre: You are being rerouted.
179
November 17, 1988
Y r -
Mr. Rarreto: Of course we are not spending...
Mr. Davkins: Tou are on that line that vent out in Cubs.
Mr. Plummer: Is that...
Mr. Kate: Of course, we will not spend $6,000 on telephones, Commissioner,
you know that.
Mr. Plummer: Well, they had it in the budget, $6,500 for three telephones, so
Pete could have one.
Mr. Odio: Pete is not going to have one.
Mr. Plummer: Well, have they modified that?
Mr. Katz: Yes, we have, Commissioner.
Mr. Plummer: And what is the cost factor now?
Mr. Katz: We are getting estimates through the City procurement division.
Mr. Plummer: And then that will not be done anything until it is approved
here.
Mr. Katz: Of course.
Mr. Plummer: Of course. You better bet your bippy I'm going to be watching.
Mr. Odio: Next Commission meeting, I promise.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: I'd like to ask one simple question. You spent $30,000,000 in
that park, OK?
Mr. Plummer: No, no, no. Thirty and moving.
Mr. Dawkins: OK, and everybody up here says, do not spend another penny on
that park, and yet, here you come today, just like we didn't tell you, and
tell me, I vent another $120,000 on top of the thirty. When are you going to
get it through your head that we said no more money to be spent in that park?
I mean, now, I don't understandl Mr. Manager, these are the things that
irritate me. You know, I keep telling you over and over that you've spent
more money in that park and my other parks in the City of Miami are going
lacking, they can't be used and everything and then you give me a lousy
$8,000,000 and tell me to go fix them up and I take that $8,000,000 and you
never come back and tell me I've got a piece over here for your $8,000,000,
but you keep adding to the $130,000,000. When are you going to stop?
Mr. Odio: We haven't had... when...
Mr. Dawkins: Well, why do you let them keep bringing it before me, sir?
Mr. Odio: Well, I don't know why you are pointing at me, Commissioner,
because I haven't added one dollar to that park.
Mr. Dawkins: But, Pete, who doe■ he work with?
Mr. Odio: We have not added one dollar to that park, Commissioner.
Mr. Dawkins: Hold it, sir. Who does he work for?
Mr. Odio: He works for me.
Mr. Dawkins: All right, and he just came here and asked for $120,000, sir.
Mr. Odio: No, he didn't.
Mr. Long: No.
Mr. Dawkins: Yes, he didl
180 November 17, 1988
Mr. Odio: He better not have.
Mr. Long: Let me clarify that, sir. At the last Commission meeting, the
Commission rightly said that it is not right for the people to increase
construction contracts and then be notified after the fact. If we were to add
money to this contract to build this fence, it would come to monies already...
come from funds already appropriated to the park.
Mr. Odio: Commissioner Dawkins, I can assure you that...
Mr. Dawkins: So what you are telling me, sir is that you have $30,000,000 in
a park that you don't need. Mr. Long, sir.
Mr. Long: No, sir.
Mr. Dawkins: You must have, if you got some money to spend for an item that
wasn't budgeted and that was not required, and now you can find $120,000 to do
It, you have to have some surplus moneyl
Mr. Long: If we spent $120,000 to build a fence, $120,000 worth of work
somewhere else in the park would not be done.
Mr. Plummer: But who approved the concept of the eight foot Chinese Mall?
That's a very serious question because Rosario says that under no way would
she stand still for it. The Commission hasn't approved it. Now, you know,
who is doing this...?
Mr. Long: I don't know. The worst problem we have in Bayf ront Park is
miscommunication. This fence...
Mr. Plummer: No, no, excuse me. I want to know who approved the eight foot
wall?
Mr. Long: No one has approved it yet. It has been proposed.
Mayor Suarez: Who proposed it?
Mrs. Kennedy: Please don't talk about building a fence, because we are not.
Mr. Plummer: Refer to it as a Chinese wall, it sounds better.
Mr. Odio: I believe what happened is, somebody requested that we estimate
what the fence would cost. He did that. We have not spent, we have not
allocated one dollar above the dollars that this Commission allocated to that
Bayfront Park. I will not allow any change of orders or any other
expenditures in that park, then those that were allocated.
Mr. Dawkins: But you see, let me say to you, you see, I am glad that we have
the same group here we had before, OK? Now we can find $120,000 to build a
wall, but we can't find $70,000 to build a mini -station.
Mr. Odio: No, that's not what he said, Commissioner.
Mr. Dawkins: No, no. It is all in the same pot, OK?
Mr. Odio: He said that if they wanted to build a fence, or you want to build
a fence that he would take the money from another project to do that.
Mrs. Kennedy: We are not spending that money.
Mayor Suarez: That sure looks like we are not spending it. Let me ask one
last question, Rodney.
Mr. Dawkins: But you keep telling me that it is there, OK? And he keeps
telling me, that if he doesn't do this, he can do that, and if he doesn't do
that, and do this, then the money will be left.
Mr. Odio: Let me say, if I can just... the 4120,000 are budgeted to build
something else in the park.
181 November 17, 1988
s
Mr. Dawkins: Yes, what something e1se7 Yee, what could you... if we said
yes, now. Give me three items that we, the Commission could have a choice of
eliminating to save $120,0007
Mr. Long: I can't give you three items. The $120,000 would be taken at the
expense of the Chopin ri aza project, where we always had a shortfall, as
compared to estimated construction cost, so this would just be another
shortfall.
Mr. Dawkina: That's your slush fund. I mean, say it like it is.
Mr. Long: No, air, not a slush fund.
Mayor Suarez: No, no, it is the other way. We had a short fall, no what he is
saying is, we'd have an even bigger shortfall, you see. That's the
mathematics at City Hall. Now, Rodney a very simple question, just so we get
this issue of the fence resolved. You've had events that you have restricted
attendance to, I presume, right?
Mr. Barreto: That's correct, sir.
Mayor Suarez: Quite a few. How have you done it, so far?
Mr. Barreto: What we are doing is, we're telling the promoter to come and put
a temporary fence and take it down when they leave.
Mayor Suarez: What's wrong with that system?
Mr. Barreto: I'm going to be quite frank with you. We are responding to your
concerns, and we are looking for, and this is only a proposal now, we asked
Noguchi to look at it and Noguchi basically looked at it and liked... OK, I
know itl
Mayor Suarez: The fence.
Mr. Barreto: But I am just... I'm...
Mayor Suarez: Like the 40 foot wall that he wanted to have on the other side
of the Challenger Memorial.
Mr. Barreto: I'm just trying to look for something, that when you go down the
road, when the other people come the down the road, we don't just see a chain
link fence out there. I'd like to see something that is aesthetically...
Mayor Suarez: But whatever system you have been using is a heck of a lot
better than the latest one that has been proposed, so maybe you ought to just
go back to it.
Mr. Barreto: I agree. I happen to think that it's a great idea just to pass
it on to the promoter, may here, come in, take it out when you leave. I
agree.
Mayor Suarez: Very good. OK, anything else?
Mrs. Kennedy: Rodney, the idea that I wanted to create in that park and all
of you know it well, was to have a very open atmosphere that people could go
for lunch to listen to the music and look at the bay and go at all times of
the day and the night, a widely used park. No chain link, no fencel
Mr. Barreto: Absolutely.
Mayor Suarez: OK, so we've kind of disposed of the eight foot fence.
Anything else on the status of the park?
Mr. Dawkins: Yes, a lot more.
Mr. De Yurre: We have to continue.
Mr. Lee: There's several other items, Mayor.
Mr. De Yurre: Sure.
182 November 17, 1988
I
Mr. Lee: OK, the Pepper Fountain.
Mr. Plunoenerr Well, could you tell me, what is a thunder rock sculpture?
Mr. De Turre: It's a new ride at Disney World.
Mr. Plummo rr I can see that it is $2,200,000, but what is it for $2,200,0007
Mr. Lee: No, it does not include the cost of the thunder rock sculpture and
the Miami Center fountain, Commissioner.
Mr. Plummer: Well, what the hell else is expected to be?
Mr. Dawkins: Are we on the phone right now?
Mr. Long: No sir, the $2,200,000 is what the architect's estimate of what he
thought it would cost to build the amphitheater, the stage and the other in
contract facilities in the south end of the park in Chopin Plaza, but on those
plans and in the concept of the park always were a couple of items that were
not to be funded by the City. One of them is the thunder sculpture, and no
air, I cannot tell you what it looks like, but it cost about, I think about
$100,000. It's some kind of a sculpture.
Mr. Plummer: It says here, $250,000.
Mr. Long: Well, then that's correct. I was going by memory.
Mr. Lee: Anything else, Commissioner? I want to get back to Pepper Fountain,
which we have not discussed, OK. The project covers the fountain in the
center of the circular plaza at the intersection of the baywalk and the
promenade. The status of the project is, the plans and specifications are
expected to be completed in December. We plan to receive bids for the work in
January of 189, and to award a contract and begin construction in February of
189. Based on our conversations with the architects and engineers, we
estimate around seven months of construction, which would give us a completion
data of September 189 and this information has been passed on to Congressman
Pepper's office.
Mrs. Kennedy: Sure, he calls me every Monday.
Mr. Dawkins: The two point seventy-five million dollars, is the total cost of
the fountain?
Mr. Lee: Yes, sir, including all the land preparation, foundations, etc.
Mr. Dawkins: That includes the money that you spent for the prototype?
Mr. Long: Yes, sir.
Mr. Dawkins: And when all this comes back, $2,750,000 will produce a
fountain?
Mr. Long: Yes air, the actual construction cost is estimated to be
$2,500,000, I believe, and the other $250,000 on those incidental costs.
Mr. Dawkins: I don't need, and see, at this stage of the game, that's what I
keep telling you. You are supposed to be ready to construct... I don't need
an estimate, see? See, I need to know that this is the cost and this is what
It is going to come in at. See, you are telling me now that the estimated
cost is $2.500,000, which is telling me that with the cost of living and other
escalations, there is no way in the world that $2,500,000 of 187 dollars is
going to do what it will do in 189.
Mr. Lee: Commissioner, we won't have a firm cost until the project is bid on.
That's when we get our hard cost figure.
Mr. Dawkins: All right, thank you. So there again, the $30,000,000 could go
higher, right?
Mr. Lee: No, sir.
Mr. Dawkins: Why not?
183 November 17, 1988
11
Mr. Odio: because we will not do it if we have to.
Mr. Dawkins: Oh yes we will) We promised Senator Pepper we were going to
build a fountain. Oh yes, we will build a fountain now. I don't know how you
are going to do it, see, but...
Mr. Plummer: Well, it is easy to do.
Mr. Dawkins: Teo, J.L.?
Mr. Plummer: You put the bids out.
Mr. Dawkins: That's all?
Mr. Plummer: By virtue of stating in the bid that no bid after completed will
exceed $2,750,000, or don't bid.
Mr. Dawkins: You don't have $2,750,000. How much did you spend for... no,
you spent for a prototype, we had a prototype something made to... how much
did the prototype cost, sir?
Mr. Long: We had set aside $25,000. So far it has cost about $19,500.
Mr. Dawkins: OK.
Mr. Plummer: Well, whatever you have, you tell the architect and the
construction company that the bid cannot exceed that, or don't bid. It's just
that simple.
Mr. Dawkins: And if nobody will come in at that, I mean, if we made a
promise, what are you going to do?
Mr. Plummer: Redesign)
Mr. Dawkins: Then that cuts the money down further, because you've got to pay
another redesigning fee.
Mr. Plummer: Hey, you don't have the money, you don't have the money!
Period, amen!
Mrs. Kennedy: I don't understand. This has been talked about for months,
discussed forever.
Mayor Suarez: The $2,750,000 is the amount at this point allocated and when
are we going to get the...
Mr. Dawkins: That's my... thank you, go ahead.
Mayor Suarez: ... fountain built?
Mr. Dawkins: Now, maybe you can get the answer.
Mr. Lee: We expect to start construction in February and complete in
September.
Mr. Plummer: Are you going out for bids?
Mr. Lee: No, sir, we...
Mr. Plummer: When you plan on going out for bids?
Mr. Lee: End of December, and receive bids in January, Commissioner.
Mr. Plummer: I don't think you will make it, but I wish you luck.
Mr. De Turre: Continue. Let's get to this thunder rock sculpture. Is
this... give me some explanation exactly when you expect to start construction
of this.
Mr. Long: Commissioner, a long time ago, before I became involved in the
park, the DDA had been working with groups on the development of the park and
184 November 17, 1988
i 4#
they decided upon se ral sculptures and the DDA granted to get private funding
for those things. I rankly admit, my knowledge of what those sculptures are
going to look like, just don't have it. It is limited. I only know where
they are supposed to go and if private funding is available, then those things
will be purchased and put in place. If not, they just won't be put in.
Mr. De Turret Who is monitoring that?
Mr. Long: The DDA right now. They are the ones who are holding whatever
funds are available.
Mr. De Turret And the design, do you have any idea if they designed anything,
at least in some concept of what they'd like to have there?
Mr. Long: At the risk of being incorrect, I believe they already know exactly
what they are going to look like, but I don't know.
Mr. Plummer: What control does this Commission have over yes or no?
Mr. Long: I would assume that before such a structure is put in the park,
they would bring a presentation to you and may we want to put this sculpture
in the park, and get your permission to do no.
Mr. Ds Turret And that's the $2,200,000 that we are talking about?
Mr. Long: No, sir. That $2.2 million, I want to note that it does not
include those two structures. That's going to be private funding and no City
money will be spent on those two things.
Mr. De Yurre: OK, thunder rock sculpture, who is doing that?
Mr. Plummer: Sam Thunder.
Mrs. Kennedy: It's part of the Noguchi plan.
Mr. Long: It will be purchased individually by private funds and put in the
park. I don't know who will build it.
Mr. De Yurre: And have you ever seen this, what it looks like?
Mr. Long: No, sir. I suspect the Commission, at some earlier date, saw it, or
had some concept of what it looked like. I haven't seen it and it hasn't been
a concern of mine because there is a spot there, if it is available, the
Commission approves it, it goes into place, just like a statue that you wanted
to put up, as far as I am concerned.
Mr. De Yurre: Well, they are estimating a cost of $2,200,000, so there must
be some kind of concept of what...
Mr. Long: No, sir. What I am trying, what that report tries to say is, the
estimate for the cost of the south end of the park is $2,200,000, but does not
include those two sculptures.
Mr. De Yurre: OK, when are we going to get, without getting into the
sculptures, when are we going to complete that end of the park?
Mr. Long: Whenever the parking garage issue is resolved.
Mr. De Yurre: Well, now hold it, hold it. You know, my concept of the
parking issue should not delay the process of what happening here. If we have
to out for RFP's or whatever we are doing, we should proceed. If at any time,
— and first of all, whatever goes on top of the garage, if it ever gets built,
It don't matter if there is a garage, or if there isn't a garage, so we have
to continue with that.
Mrs. Kennedy: That's right. To answer your question, the sodding should be
completed by January. Whether we build the garage or not is another issue
totally different. We don't know because of the proximity of the bay, if it
is feasible, or not, so the sodding, the irrigation, the whole south end of
the park will be completed by January.
Mr. Plummer: But not for the $2,200,000.
185 November 17, 1988
Mr. Long: No, that is done at someone else's cost, the Miami Center cost, the
sodding.
Mrs. Kennedy: Miami Center is doing that.
Mr. Lang: $2,200,000 is development of the south end of the park, in
accordance with the original Noguchi plan, which includes the large wall that
the Mayor referred to, behind the Challenger Seven Memorial...
Mr. De Turre: How much is that going to cost, that wall?
Mr. Long: I don't think I have an estimate, separate, because that wall is
part of a subterranean building, which will house, which is proposed to house
a small restaurant and an electrical transformer vault and a storage room.
Above that, the top slab of that building would be a landing at an elevation
of about 22 feet, I believe, and from that point, seating for the amphitheater
would slope off to the northeast, so the amphitheater seating would then
terminate at another small stage building.
Mr. De Turre: So you are saying part of that wall would be like a retainer
wall for the small amphitheater?
Mr. Long: I'm not sure of a retaining wall. No, no, it wouldn't be for the
amphitheater, no sir. Not the big wall. There would be walls on the side of
the amphitheater, but not the large wall the Mayor spoke of.
Mr. De Turre: Now, as far as getting RFP's out and working on that end of the
park, where are we at? - forgetting about the parking, the garage.
Mr. Long: We are stopped. The consultants were directed by me to complete
the plans and specifications for that project in accordance with the original
Noguchi plan and turn them over to me and the City will retain those and when
the decision is made to proceed with the development, or not to proceed, in
accordance with the Noguchi plan, then we have the plans and specs all ready
to receive bids.
Mr. Plummer: But do you have the monies for that?
Mr. Long: No, sir, the shortfall, is you recall, is in that portion of the
park. We have $1,518,000 appropriated for that $2,200,000 worth of work
and...
Mr. De Yurre: So we are missing $700,000.
Mr. Odio: Yes, and at that time, I informed Alan Greer, who was the head of
the trust and Commissioner Kennedy, that they would have to raise that from
private funds.
Mrs. Kennedy: And I also said that before you came to this Commission...
before you join this Commission I said that not one penny more would come from
the City.
Mr. De Yurre: So then conceivably, we would not be able to build what we are
trying to build because we don't have the money, unless the private sector
kicks in and there is no guarantee of that.
Mrs. Kennedy: Well, there is some State funds also that are going to be
available. We did not get the whole amount this past year. They will give us
$250,000 that was committed two years ago.
Mr. De Yurre: And still we are going to need about $500,000.
Mr. Long: Commissioner, the intent was when we reached the point of going out
for bids for that south end of the park, we would receive, we would have a
proposal that would include a certain amount of work and then, additive items
that could be added to the work to use the money we have, but we will tailor
the amount of work done to the amount of money we have.
Mr. De Yurre: OK, because you know, again I reiterate my prior comment that I
want the park to proceed and not to get stuck, or come to a standstill,
because of this concept of a parking garage. I think that we need to move
i
186 November 17, 1988
Ll
ahead and if we ever decide to go with the parking garage, if this Commission
so feels, then we can go ahead and do it, but I don't want to delay the park
process.
Mrs. Kennedy: It will be not be delayed. I spoke to Mr. Noguchi last month.
He told me he would be flying to Miami this month to meet with me and Pete and
his other architects, so everything is under way.
Mr. De Turre: OK, what else do we have?
Mr. Dawkins: What is the shortfall in total dollars now?
Mr. Long: $700,000 in round numbers. There is a difference between
$2,200,000, which is on estimate, and $1,518,000, which is exact.
Mr. Dawkins: So the shortfall is an estimate.
Mr. Lee: Tom, air.
Mr. Dawkins: It could be more, it could be less.
Mr. Lee: That's correct. I should also point out that no work is going
forward until the parking garage determination is made.
Mr. Dawkins: Well, you know, may I may something? I hope that the
Administration is not attempting to paint a picture that if the park is not
finished, it is because the Commission sat up here and said, let's see if you
could put a parking garage under there, and help produce revenue. Now, four
times it has been alluded to over here that we can't go any further because of
the parking garage. So now, put it on the record now, that if our saying that
the parking garage could go under there, that that is hindering you from
finishing the park, may it. If it is not, may it. Put it on the record for
me, please.
Mr. Lee: Commissioner, it will not hinder us in obtaining bids for this work.
Mr. Dawkins: No, no, OK, I will rephrase my question, OK? Say to me that the
building of a garage, I mean, but not the building, but seeking to build a
garage, does not in any way prevent us from completing the park.
Mr. Lee: Commissioner, at the time...
Mr. Dawkins: Or, if it does, tell me it does.
1 Mr. Lee: Commissioner, at the time we receive the bids, we will come to the
Commission for permission to let the bids,
Mr. Dawkins: All right, I will ask the Manager. Maybe proposition 11 got me
and him hung up, I don't know, I'll see.
Mr. Odio: What he is...
Mr. Dawkins: That's all right, maybe me and him understand proposition 11
better than you do. Mr. Manager...
Mr. Odio: What he is saying at this time, there is no delays, because we were
not ready to continue with that part of the park. However, he is going to
proceed, we are going out to bids for that part of the park. However, if at
the time we receive the bids you decide that the parking garage is the way to
go, then at that time you don't award bids and wait until the parking garage
can be built.
Mr. Plummer: How do you go out for bids when you don't have the money?
Mr. Odio: We have money for $1,518,000 and that's what we can award. Any
dollar above that, we will not be responsible for.
Mr. Do Yurre: And then we will know exactly what will be built or not,
depending on what the money...
Mr. Lee: That is correct, Commissioner.
187 November 17, 1980
Mr. Dawkins: So therefore, even if we do not build the garage, you will not
complete the park, because you don't have the money.
Mr. Odio: You will not complete the park...
Mr. Dawkins: All right, well. see...
Mr. Lee: Right.
Mr. Dawkins: Let this be known up fronts
Mr. Odio: That is precisely the argument I presented yesterday to the New
World Center Action Committee that they were assuming in the discussions about
the parking garage that we can finish the south end anyway and I explained to
them that we don't have total funding to finish the south end anyway, so that
the parking garage is something that we should really look at.
Mr. Plummer: We were supposedly somewhere along the way going to enter into
discussion about a second amphitheater.
Mr. Odio: The second amphitheater is part of the south end of the park and
those monies will come from the State grant that we receive in two years. It
Is a million two -hundred and some thousand dollars. That comes from the State
funds and they can only be used, according to Senator Gordon, for the purpose
of building the amphitheater.
Mr. De Yurre: How about according to our Legal Department?
Mrs. Kennedy: Yes, do we have finally a legal opinion, Jorge, Mr. City
Attorney? You were looking into that last week.
Mr. Fernandez: What was that?
Mrs. Kennedy: Do you have a legal opinion whether the State funds have to be
used for the south end of the park?
Mr. Fernandez: Yes.
Mrs. Kennedy: The second amphitheater, mainly, as Senator Gordon expressed to
us.
Mr. Fernandez: Yes, it is not necessarily just tied to the amphitheater, it
is any improvement that we decide to do on the south end of the park.
Mrs. Kennedy: So Senator Gordon is not correct then, in his statement.
Mr. Fernandez: We... that is what we are proposing. There is really no
contract yet definitively stating that, but we feel...
Mrs. Kennedy: That's what I'm saying, when will you know exactly?
Mr. Odio: The State law, what we need to look is to the State law that was
passed...
Mrs. Kennedy: See how difficult it has been for me?
Mr. Odio: ... allocating these funds because according to Senator Gordon,
they were allocated only for the purpose of building an amphitheater.
Mr. Dawkins: And according to Senator Gordon, he will move to take them back,
I think. Now, I don't want to put words in his mouth, I think Senator Gordon
said that if not used for the amphitheater, we may not get them, and he can
very easily do that.
Mr. Plummer: Let me ask a question aside very quickly. Who approved the use
of the park for Super Bowl? There is going to be a Super Bowl activity in the
park.
Mrs. Kennedy. There are going to be several Super Bowl activities, that is
correct.
lee November 17, 1988
6
Mr. Lee: Commissioner, one of the items that you might be referring to in the
Inauguration of the Challenger Seven Memorial which we will get into in a
couple of minutes.
Mr. Plummer: I keep hearing everybody state that we want to get it done
before Super Bowl, before Super Bowlt
Mrs. Kennedy: Right, because they have reserved the amphitheater. Ira, do
you want to expand on that?
Mr. Plummer: what are they...
Mr. Katz: I think just to clear the record, it was everyone's intention,
Commissioner Plummer, because of the large amount of media that would be
coming to town, to gain positive publicity for the area that we would work in
conjunction with Pete and make every effort to try to expedite the project so
that this City could gain as much visibility for the park and the area by
completing that south end.
Mr. Plummer: Is that to say that there is no Super Bowl activity in the park?
Mrs. Kennedy: Rodney, don't we have some Super Bowl activity schedule?
Mr. Katz: No sir, we are having three events for our Super bowl week, that
regardless of whether we made all the organizers clear, whether the south end
of the park is completed or not, that we would have it in Bayf rout Park and we
would have some exposure for the City of Miami.
Mr. Plummer: You still haven't answered my question. Are there any Super
Bowl activities scheduled in Bayfront Park?
Mr. Katz: Yes, sir.
Mr. Plummer: How many?
Mr. Katz: Three.
Mr. Plummer: And what are they?
Mr. Katz: The Super Bowl media party, Super Bowl extravaganza, which is
hosted by the NFL Super Bowl Committee and Bayfront Park Management Trust is
working with various private agencies to put on the Super Bowl events.
Mr. Plummer: And what revenue are they paying us?
Mr. Katz: The NFL will have to work something out to pay all the costs
related to show, that's my understanding.
Mr. Plummer: There is no revenue to the park?
Mrs. Kennedy: Well, there will be revenue derived that we would normally
charge for as per the code and the fee structure that the Commission set up.
Mrs. Kennedy: Rodney, do you have anything to add?
Mr. Dawkins: Then in other words, here we go again, making the facility
available without knowing if, I mean, without setting the prices.
Mrs. Kennedy: Rodney.
Mr. Katz: We've made the rates and the fees and the charges, preliminary
budget to all the event committee organizers, and that we should be getting a
contract signed in the very near future, Commissioner Plummer.
Mr. Plummer: What do you anticipate as revenue for these three events?
Mr. Katz: It basically depends upon, Commissioner Plummer, upon the
completion of the south and of the park as to how large the events will be and
then I could give you a report at the next Commission meeting on that.
Mr. Plummer: Let's assume that the south end is not going to be finished. What
anticipated revenue would you anticipate?
169 November 17, 1986
<„a
Mr. Katz: I cannot answer that question right now, Commissioner Plummer,
because right now the entertainment has not been set. I don't know the scale
of the entertainment that will be there, and of course that will effect the
revenues that we will generate for the park.
Mr. Plummer: You are two months off.
Mr. Katz: Commissioner Plummer, the organizers have been waiting to find out
where we are going to be with the south end of the park and as a result of
that, they have held up their entertainment buying.
Mr. Dawkins: In other words, what you are saying is, whether, I mean,
regardless of whether we did anything with the garage or not, you would not
have the south end of the park finished.
Mr. Plummer: Well, that's impossible in 60 days.
Mr. Dawkins: Well no, but you see, coming back, J.L. they keep saying that
the reason they haven't done anything is because of the south end of the park.
Mr. Katz: Commissioner Dawkins, at the last Commission meeting, you granted
the Miami Center people to work in conjunction with the Mr. Long to complete
the south end of the park, so we are hopeful that completion is in progress
and Pate can add to that.
Mr. Dawkins: But, if we had worked out that agreement with them to finish the
south end of the park, it never would have gotten finished.
Mr. Plummer: No, no, that does not finish the south end. That put Is
temporary sod, that's all it does.
Mr. Long: Correct. It makes it usable, Commissioner, not finished. You'll
recall, they have the outline, the old bandshell there, where there were walls
sticking above grade, and those are going to be leveled out.
Mr. Plummer: Their commitment is 485,000 maximum and you are talking about
42,200,000 for to complete the project. Go ahead.
Mr. Lee: The next item are the play sculptures. The present status is, plans
have been completed and other than those technical specifications shown on the
plans, Pete will arrange for advertising of bids, receiving bids and the award
of a contract will be approximately January, or it should be completed by
March of 1989.
Mr. Plummer: Well, that in particular will be a problem on the garage
situation, because you were talking about foundations. I don't know how you
are going to do that. Mr. Manager, when do you expect to come back to this
Commission with your recommendation in reference to the south end, if in fact
there is to be a garage?
Mr. Odio: December 15th. I have had one meeting with the lawyer representing
Miami Center. I have one meeting next week, which would include Public Works,
Bayfront Park Trust, I guess every one involved and at that point I will
decide what to recommend.
Mrs. Kennedy: Right, but Wally, should we decide to go ahead with the garage,
the play sculptures will be moved a little further.
Mr. Long: The next time Mr. Noguchi comes, I intend to ask him I want this
one moved, see if he can find another place in the park to relocate those
places, the structures that are not removable. In other words, some of them
can be picked up and moved, some of them can't be.
Mr. Plummer: Commissioner Dawkins will be glad to show him around.
Mrs. Kennedy: Chinese torture.
Mr. De Yurre: OK, now, the rest of the items have been completed that we have
on this list?
190 November 17, 1988
Mr. Lee: Teo, the corps engineer items are basically complete, the Flagler
Street promenade is compete. Than we have the Challenger Seven Memorial on
page 5 of 7.
Mr. De Turre: And that is something that is being done by the private sector
also?
Mrs. Kennedy: That is correct.
Mr. Lee: That is correct, Commissioner.
Mr. De Turre: OK, do you have any status report on that?
Mr. Lee: Well, the sculpture has arrived and it is located in the job site,
however, the private sector group does have financial problems right now.
Mr. Plummer: Which one is that?
Mrs. Kennedy: How short they? That is the committee headed by Ralph Renick.
The titrahellic sculpture is there in place, and it...
Mr. Lee: Yes, that is at the job site, or at the park right now.
Mrs. Kennedy: Right. How short are they, do you know?
Mr. Lee: Commissioner, I was out of town Tuesday. Pete met with him and I
plan to meet with him next week. I don't have the exact figure. Pete, do you
know the shortfall that they have?
Mr. Long: The only estimate of the shortfall that I know of exists is by me
in my... a hip pocket estimate is that it would take an additional $50,000 to
bring the structure from the pile cap up to a foundation where the structure
could be erected for free by the iron workers by the way, and then an
additional $62,000 to build the plaza out front. In between there, there is a
raised flower bed, I guess, for a better description and that, I understand,
Ralph Renick has received donations to construct, so in summation, I think
they are at least $112.000, $115,000 short.
Mrs. Kennedy: OK, that vas my question.
Mr. De Yurre: In closing, because I guess we are wrapping up right now, what
I would like to see and I think this Commission as a whole would like to see,
is progress reports, to where we don't have to start asking like we have done
here tonight, start asking a whole bunch of questions, because we are just not
aware of some of the things that are happening such as eight foot walls being
proposed or studied, anyway. I would like to see... you said that a number of
things are going to be finished by January 15th.
Mr. Lee: Yes, air.
Mr. De Yurre: OK, we have a meeting on the 12th of January, so what I would
like to have is a follow-up report to see, so that you can tell us that the
Sunday everything will be in place.
Mr. Lee: Yes, air.
Mr. De Yurre: Now additionally and which is an area of concern to me, is the
fact that we need to be more aware of what the private sector is doing with
the things that they are involved in. I think that we amiss to some degree as
to what they are doing, where they are at, and things of that nature and I
would like for there to be some more cohesiveness between this City and the
private sector so you can bring us an update, more in tune to what we would
like to hear on that date.
Mr. Lee: Yes, Commissioner.
Mr. De Yurre: And finally, just out of curiosity, so I know who to go to,
Wally, what is your function in this process?
Mr. Odio: I have assigned him to oversee the park as of last week.
Mr. De Yurre: OK, but what is he going to be overseeing?
191
November 17, 1988
;A
Mr. Plummer: Does he get one of the telephones?
Mr. Odio: No.
Mr. De Turre: Is he just going to be overseeing, or is he going to be
involved in what's happening?
Mr. Odio: He will be overseeing the total project?
Mr. De Yurre: OK, and Pete, what'• Pet'a function in the park?
Mr. Odio: Pete will be out there on a day to day basis...
Mayor Suarez: As construction manager?
Mr. Odio: ... a■ a construction manager who will report to Wally.
Mr. De Turre: OK, what are we constructing there right now?
Mayor Suarez: South end?
Mr. Odio: Do you still have the... go ahead, tell him what you're doing.
Mr. Long: The only thing we have under construction right now is that little
bit of work remaining in the amphitheater. We mentioned earlier that we have
to build some walkways for the wheelchairs in the amphitheater. I'm working
with a sign company to get the electronic message center installed, so
basically we are at a lull right now until we award the contract for the
fountain.
Mr. De Turre: OK, how much are you getting paid annually for this?
Mr. Long: $66.000 a year.
Mr. De Yurre: $66,000 a year.
Mr. Long: But I wish you wouldn't construe the fact that the work has been
completed, as if the project is ready to close out. There are 182 items of
extra work and claims on the Phase II project that I had to resolve. They've
been resolved. We have punch list work. There are about 40 items of extra
work that has to be evaluated on Phase III.
Mayor Suarez: OK, thank you, thank you. Just asked how much you were getting
paid.
Mr. Plummer: Whatever happened to the man with the wooden seats?
Mayor Suarez: The wooden seats look like they are in good shape.
Mr. Plummer: Purple heart, what happened to the man with the wooden seats?
Mr. Long: I heard the conversation when he was here before and I am still
taking the position that the City of Miami paid for wood matching a sample
that man gave to me. The wood in the amphitheater, even though I consider it
serviceable and satisfactory, does not match the ■ample. He gave me a sample
of select wood and what he has given me is probably Grade A wood, which is a
class lower than that and my position is, the City is due a credit.
Mr. Plummer: So, do we resolve it by going to a wood expert?
Mr. Long: They have offered to show me a wood expert on several occasions and
I said, fine, show him to me. They have failed to produce that wood expert.
Mrs. Kennedy: Thank you.
Mayor Suarez: OK, we are going to...
Mr. De Yurre: Thank you, quite enlightening.
192 November 17, 1988
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75, DIRECT CITY ATTORNEY TO PREPARE LEGISLATION REINSTATING THE POLICY WHICH
WOULD ALLOW RESIDENTIAL HOMEOWNERS Of AN AFFECTED AREA TO JOIN IN AN
APPEALS PROCESS AT NO CHARGE; EXTEND TIMETABLE FOR FILING AN APPEAL TO
30 DAYS.
Mayor Suarez: Item 47, Mr. Manager, somebody. How are we doing on this item?
What is the staffs report on it? I think we had asked you to come back at
6:00 p.m. because you were not on the agenda on that day, and today you are
certainly on the agenda, but I still don't know what juncture we are at in the
proceedings, if any.
Mr. Guillermo Olmedillo: As you may remember, Mr. Mayor, there was a class C
Issued with conditions for a transitional use, at 57th Court and 7th Street
NW. The...
Mayor Suarez: It looks like a medical office, wasn't it?
Mr. Olmedillo: Excuse me?
Mayor Suarez: Was this supposed to be a medical office or...?
Mr. Olmedillo: That was medical office or an office not selling merchandise.
Mayor Suarez: One story or...?
Mr. Olmedillo: It's a two-story building and we've placed conditions on it.
Now, the neighbors have a complaint, and I think that it is good that you hear
from them now, and then we can make a presentation.
Mayor Suarez: All right, we'll hear from the neighbors.
Mr. Plummer: Put the map back up on the board.
Mayor Suarez: Would you - by the way, would you raise your hand if you're
here on item 46. Is anyone here on item 46? - just yourself.
Mr. Plummer: Thank you. Proceed, sir.
Mayor Suarez: Yea, air, we are waiting for you. We want to hear from the
neighbors. You've got your chance to hear, tell us what you feel about the
situation.
Mr. Herbert Garcia: I'm lucky today. OK, my name is Herbert Garcia, 532 NW
57th Court, Miami.. I am representing the neighbors of that area. We are
here, I think it is the 25th time, and I know Commissioner Plummer and Mr.
Dawkins from before and Mr. Victor De Yurre and all of our presentations
because they try to with this Job change of zoning, many, many times. The
other gentlemen know it, I mentioned before here, was rejected by the whole
entire group of Commissioners and by the Planning Department and by the Zoning
Department too. Now, they came with some kind of a legality and they make a
transitional C, transitional C - of effect to change the building is the same
thing, when it is no difference at all. Transitional or no transitional, is
an established building there, forever. I don't see any difference now. The
problem is this. The situation in that corner, you see is only 20 feet width,
they face on the 57 Court. That area is one of latest area in Miami, a real
pure residential. We are creating a lot of big problems to all of the
neighbors between parking, because our properties are only 40 foot front. On
40 foot front, you have only space for two cars and people have at least have
two, three or four cars. It is big, huge problem.
Mayor Suarez: Are there any 40 foot... let me just ask a question. Are there
any 40 foot frontage residences in that district?
Mr. Olmedillo: There are. They were platted prior to 1946 and those were
grandfathered in and they were...
Mayor Suarez: You are ahead of me in the question. My question is, are there
any 40 foot residential homes in that area?
193 November 17, 1"8
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Mr. Plummer: They all are.
Mr. Olmedillo: Yes, there are, air.
Mayor Suarez: OK, and the second part of the question I didn't ask, but you
explained anyhow, but they were platted before, we had the new minimum...
Mr. Olmedillo: Right.
Mayor Suarez: ... lot area? OK.
Mr. Garcia: Nov, because of the 40 front, it is a critical situation between
neighbors. Nov, imagine the situation with a stranger getting to the
residential area, plus 20 foot front. The original design, the design I have
In here was presented to the City, and I took copies from the files. It is
big, huge building, very narrow on a 70 foot deep front. They make
transitional, because they said legalities and all that kind of special
situation. They said against transitional because each one next to a
property is commercial. Well, that area, commercial you see the cut like an
"L" shape, that cut was leased to the Shell Garage Company, half of the
property for 30 years. That means that property in 30 years is going to be
again residential. That's going to be a pocket between two commercial, but
that's not the point.
Mayor Suarez: Is that automatic, Guillermo, after 30 years, that he is
talking about, that lease? - that it comes back to residential?
Mr. Olmedillo: No, sir, the use is issued, or the permit is issued with the
land, not with the owner, or to any extent of time.
Mayor Suarez: He's not talking about the property in question, he is talking
about the one that's commercial, I guess he is talking, north of NW 7th
Street, is that what you are talking about, Mr. Garcia?
Mr. Garcia: Yes, sir, that corner there.
Mr. Olmedillo: That is a CG-1, which is a liberal commercial district, and it
is like that unless you change it.
Mayor Suarez: Which is the one that had the 30-year lease that you were
talking about?
Mr. Garcia: Yes, I am talking about this space there. You know, the length
_ of that property is 120 feet. Now, we have only 70 feet. Twenty feet is
extra, was property, that side was an area for residential.
Mayor Suarez: Do you know what area he is talking about? You were talking
about a 30 year lease that somebody had, that after that period was expired
it, would revert to residential. Which area was that, sir?
Mr. Garcia: Yes, that area that is three of the four first lots. That space
there is supposed to be residential.
Mayor Suarez: Are you aware of a 30 year lease that when it expires, the area
reverts back to residential as he stated? Is that correct?
Mr. Olmedillo: No, sir. The toning lines are as depicted on the map and they
are permanent, unless you change it.
Mr. Garcia: How that thing happens, we don't know, really. Well something
strange happens, because that is supposed to be residential, as the original
plat.
Mayor Suarez: Well, I see that it says CG-1/7, which means... what is the
technical?
Mr. Olmedillo: It is a liberal commercial district and that vas done so back
in 183 when you changed the ordinance.
Mayor Suarez: Right. I just don't want people to think that this is going to
somehow after a 30 year lease is over, is going to revert back to residential
when it isn't. It is liberal commercial.
194 November 17, 1988 j�
I
Mr. Garcia: Well, they made those changes. Really, we don't know nothing
about why they made that change for. Now, the problem is this, we have here a
big problem with the influence, on the conditions of the area. That area is
pure residential. We have a lot of kids there, its going to be a building
there, and it is going to be created a big massive problem because no matter
what he says the entrance will be through the 7th Street. As you see, you have
a traffic light there and a big line of cars going to be every day, morning
and afternoon and nobody can reach that corner there to get into and out from
that property. This is impossible. It's impossible. Now, we had a meeting in
the Mr. De Turre's office on August 3rd and we make an agreement like, if
they are going to put that thing there, we are opposed, we are strongly
opposed to that change. All of the neighbors, and we are talking about 400
families in that area, and that's the focal point to destroy our ambience.
Mayor Suarez: OK, let me ask staff a question. I gather that there was a
zoning variance approved many, many months, maybe years ago, and that now,
that's not the present posture of the case it? What is now before us? Is it
an administrative matter, a special "C?"
Mr. Olmedillo: I have redefine to you, but the case is that this is a
transitional use which is contained in the ordinance, any lot which abuts a
commercial or industrial district may apply for a Class C special permit for
an office use not selling merchandise.
Mayor Suarez: But now that is the status of the law and the zone is
applicable. What is the status of the proceedings before us, if any? When I
say us, I mean the whole City, administratively or otherwise. Are they in the
midst of applying for the class C special permit?
Mr. Olmedillo: What happened is that the applicant came before the City and
they filed an application and if you bear with me, I'm going to give the
dates, just to establish the record. On July 25, 1988, the applicant filed
for a class C. An intended decision was issued on 20th of August of '88.
There was a conference held with the applicant on September 20, 1988 and the
final decision was rendered by the Planning Department on October 4, 1988.
Now...
Mayor Suarez: And it would allow what?
Mr. Olmedillo: That would allow a office building with the following
conditions. That is the property as it exists today. The red line shows you
how close to the edges, to the edges of the property the building can be due
to the zoning considerations. Now, when we...
Mayor Suarez: Guillermo, I asked what I felt was a pretty simple question.
Maybe I can get a pretty simple answer. The class C special permit, if they
_ get it, would entitle them to do what?
Mr. Olmedillo: To have an office building there and we place a certain number
of conditions to make it agreeable to the area.
Mayor Suarez: Under that administrative procedure. Now, is that appealable
to the Commission at some point?
Mr. Olmedillo: That may be appealed within 15 days of issuance to the Zoning
Board and ultimately appealed to the Commission. Now, neither the applicant
nor the opponents filed an application for appeal on time and we have...
Mayor Suarez: Well the applicant wouldn't file an application for an appeal
because they got what they wanted, presumably, from the Administration, right?
Mr. Olmedillo: Well, they got certain conditions and that is one of the
things that you know, if it comes to...
Mayor Suarez: So did they miss out on their appellate rights, is that what
you are saying?
Mr. Olmedillo: That is what we considered and we talked to the Law Department
and they agreed with us.
195 November 17, 1988
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Mr. Dawkins: Well these improvements, these conditions that you have here,
did you ever sit down with them and negotiate these conditions?
Mr. Olmedillo: Let me try to explain the simple answer is, there is no
negotiation with anybody. That's a simple answer. Now, the process, the
process is this. The applicant files for a class C. The Planning Department
renders an intended decision with certain considerations. Then the ordinance
provides for a conference so that the applicants brings his points before the
Planning Director and if anything can be changed, it is changed between
Intended and final decision. Nov, everything has been done in writing. There
Is an intended decision issued in writing, a copy of which was mailed to Mr.
Garcia. There was a final decision done in writing, a copy of which was
mailed to Mr. Garcia and 26 other neighbors. It was mailed at the same time
that the final decision was mailed to the original applicant, to the owner of
the property, so they reached the applicant and the opponent on the same day.
Mr. Garcia was fully aware that they had 15 days. He spoke to other City
staff, and he knew fully well that he had 15 days to appeal the decision and
on the 15th day, even, he had a conversation with City staff and we urged him
to bring the letter which is a simple letter saying that all they have to do
In appeal and pay the fee, and they didn't do it, so...
Mayor Suarez: How much is the fee?
Mr. Garcia: $400.
Mr. Olmedillo: $400.
Mr. Plummer: I thought that if 10 percent of the residents... who changed
that, we did? There was supposed to be no fee. You must have tucked that in
with a whole lot of others and we approved it. There was supposed to be no
fee. If ten percent of the residents join in the application, there was to be
no fee.
Mr. Garcia: One hundred percent of the residents. (APPLAUSE)
Mayor Suarez: OK, was that the reason you didn't appeal was the $400?
Mr. Garcia: Two reasons, sir. The first reason is...
Mayor Suarez: Get close to the mike so we can hear you on the record.
Mr. Garcia: The first reason was because we feel that we was treated very
unfair. First reason, of we are unfair, the applicant of that change was a
former employee of that department.
Mayor Suarez: Yes, but that doesn't make any sense. If you don't apply, you
are losing your procedural rights. Now, you can say it's because you didn't
have $400, but you can't say it is because you were treated unfairly, because
you are going to be treated more unfairly if you don't appeal. You are
guaranteed unfair treatment if you don't appeal.
Mr. Garcia: At the same time the money to build that project is going to be
from the Community Development Department. It is another department by the
City Miamil Gentlemen, you want something else? Then we don't trust the
situation the way they handle now.
Mayor Suarez: Wait, I am interested in that. I presume the rest of the
Commission is. What do you mean, the Community Development Department is
paying for it?
Mr. Olmedillo: I don't know if Frank Castaneda is still here, but I think he
is talking about the UDAG. There was an application for a UDAG about a year
ago, this particular applicant didn't make that, but I don't know if she made
this round of UDAG grants.
Mayor Suarez: This is a totally for -profit operation. Isn't this some kind
of an adjunct to that hospital that is our there?
Mr. Olmedillo: No, this is an office building. This separate. Remember,
this is...
196 November 17, 1988
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Mayor Suarez: Why would we contemplate a mini... was it a mi.nl-VDAG that he
Is talking about?
Mr. Olmedillo: I wouldn't know, air. If Frank is around, I'd like for him to
get on the record, stating what it is, and you know, I will ask your
Indulgence and I will point out what the conditions were that we placed on the
development, because I think it is important that it is on the record.
Mr. Garcia: Sir, at this point, no one believes the situation. That is why
we are here to the Commissioners, our last hope, to come and solve the
situation, and be a regular residential like everybody else in the area and
Miami can be very proud of the...
Mayor Suarez: You were telling we why you didn't appeal. Was it the $400
fee, or why?
Mr. Garcia: Because of the weight of the money, $400 to be paid by the people
who have to pay for it. The second way is if we agreed in the papers again,
Mr. Dawkins, we gave the papers - it says eight feet height wall and then they
are coming with 30 inches high, up to 48 inches, with wrought iron like you
are in Coral Gables and it is very funny, it is completely different ball.
They changed the all in ninth inning. That's why we don't go that way.
Mayor Suarez: OK, now, is he saying that of the things that you have agreed
under the special C permit application that they are changing that, that they
are not sticking to the agreement?
Mr. Olmedillo: No, let me explain what it is. Remember I explained that there
is an intended decision which has certain conditions. Then the ordinance
gives the opportunity to the applicant to talk to the planning director to see
if there are certain things that we haven't considered that may be considered,
and let me point out what Mr. Garcia is saying. The property is the entire
lot, like this is an "L" shaped lot. What we have told the applicant is that
she can have a building where the blue is, which is 60 feet away from the next
residential house that doesn't belong to her. There is a unity of title for
the entire property.
Mayor Suarez: Guillermo, that's all very interesting, but the main issue he
Is presenting us has to do with the height of the wall and the look of the
wall. Can you address that point please?
Mr. Olmedillo: Right. The wall that he is talking about and the intended
decision, we said, between the house that she owns and the rest of the
property, erect an eight foot wall here. Then in the final decision, what we
said, anyway this is a house that belongs to her. She is the only one who can
keep it. It is a single family residence and it would not change because that
was one of the conditions of the class C, it cannot change from a single
family residence. Therefore we said, if we have trees in here and we have a
four foot wall instead of an eight foot wall, anyway this is going to be at
least 60 feet away from the next residence, so that doesn't impact the
residence negatively.
Mayor Suarez: At least we have the answer to what it is he is talking about
in terms of the wall. Now, you have given an explanation of why you did that.
OK, what do you want to say about that?
Mr. Garcia: Well, that's ridiculous. He says 60 feet over there and the
_ other neighbor is only 20 feet front, and 20 feet is not SO feet.
Mayor Suarez: That's certainly true.
Mr. Olmedillo: Yes, but one of the conditions is that this portion of the
property remains single family. That's one of the conditions of the class C.
Mayor Suarez: No, I don't know why he is saying 80 by 20 feet. Where is the
20 feet that he is talking about?
Mr. Olmedillo: He is talking from here on. This is the next property, but
we're saying between this point and this point, there is nothing but a single
family residence which is tied by unity of title to the rest of the property.
197 November 17, 1988
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Mr. Dawkins: OK, let me ask a question. If you and I were staying there and
we were against it, and people came out and told you and I that they are going
to put up an eight foot fence, and even though I am against it, you promise an
eight foot fence, then you come back and put a four foot fence, you and I
would be angry. We would be very angryl So now why would you or anybody else
in the Administration OK a four foot fence with 30 inches of iron on the top
of it, which 30 inches is... 36 is three feet, is sever, feet of wall and iron
Instead of eight feet of wall.
Mr. Olmedillo: The only reason why we had a eight foot wall here was to
separate the office use from the residential use. Remember this, the same
rights that the applicant has, the opponents have. The applicant, when
bringing an issue like this to on appeal, we cannottechnically look
capricious on a condition that we put on a property.
Mayor Suarez: OK, that's an interesting point, but by the same token, if they
thought it was going to be an eight -foot wall, and decided not to appeal at
that point, wouldn't they have some right to appeal, because have changed,
quote, unquote, your intended restrictions?
Mr. Olmedillo: Excuse me, the intended decision is not appealable. The final
decision is the one that is appealable. The intended decision is a process in
which we inform both the applicant and...
Mayor Suarez: 1 see. So what you are saying is that 15 days, or whatever the
appellate period yes, began to run when you've made the final decision to do
the...
Mr. Olmedillo: The final decision, that is correct. The wall is coupled with
landscaping, so...
Mayor Suarez: We've got that, but we didn't ask you that. All right,
anything else, sir?
Mr. Garcia: Well, a few more members of our neighbors, they would like to
talk, but I make a very strong emphasis on the situation of the 71 feet front.
They are going to destroy our area, 71 feet. If you add the parking area it
is going to be 20 feet for setback in front here, that's the OK, then
you have almost another 25 feet for driveway to get into it, plus the setback
in the back. You have no space for the construction. It's almost impossible,
literally impossible to get in and out in that property, only though 7th
Street, because if you go there and you stop five minutes, from 7:00 o'clock
in the morning to 9:00 o'clock, nobody can get in and out there, for the
traffic.
Mayor Suarez: I would think whatever we would do, if we had any discretion to
prevent driving in and out from 7th Street, that we would do that.
Mr. Olmedillo: May I address that issue? The residential neighborhood is on
57th Court, not on 7th Street. What we were trying to do is prevent...
Mayor Suarez: Yes, but the traffic is on 7th Street to the residential
section.
Mr. Olmedillo: Well, this is what we are trying to prevent. We don't want to
allow an office traffic, or an office generated traffic on 57th Court because
that is a residential street and we prevented that by putting up a wall on
this side, which is the residential side, not only prohibiting vehicular
access, but pedestrian access. We don't allow neither pedestrian nor
vehicular access on that side.
Mr. Dawkins: One question and I will be through with this, one question and
I'll be finished.
Mr. Olmedillo: Yes, sir.
Mr. Dawkins: This gentlemen has said three or four times that parking is a
problem. How many parking spaces you have got there?
Mr. Olmedillo: That is by Coda. They met Code.
198 November 17, 1988
6
Mr. Dawkins: Sir? well, don't you know Code? If not, Mr. Manager, get
somebody up there who can tell me what the Code is and what's applied for,
parking.
Mayor Suarez: Now many parking? - is what the Commissioner asked.
Mr. Olmedillo: Excuse me, Mr. Commissioner, I don't have the plan with the
number of parking spaces here.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Garcia: I got it right here, sir. Twenty parking. Of the 20, almost ten
are Hickey Mouse parking.
Mr. Dawkins: All right now, how many square feet they got here? You see, is
this meeting the requirements for parking?
Mr. Olmedillo: That met the requirements for parking, yes, air, for the size
of the building. Otherwise, they would have to come for a variance and they
didn't apply for a variance.
Mr. Dawkins: But all right now, I have to go back. Is those 20 parking
spaces for compact cars?
Mr. Olmedillo: No, they have to meet the same requirements, 40 percent at the
most can be compact, 60 percent has to be full sized cars.
Mr. Dawkins: All right, well where are the plans to show me that that is in
compliance, that that's what they are going to do.
Mr. Olmedillo: I can tell you that they were in compliance; however, let me
qualify something. They have not received a building permit. They have to
come back with modified plans, because they did not meet every one of the
conditions that we placed in class C. They have not received as of today, a
building permit from the City.
Mrs. Kennedy: Why have they not been?
Mayor Suarez: OK, so they have to comply with the code as to the parking. It
cannot be Mickey Mouse parking, all right.
Mr. Plummer: Ah, come on, you are kidding yourself. People park in compact
- spaces with tanks!
Mrs. Kennedy: All the time.
Mr. Plummer: I mean, you know, it is ridiculous!
Mayor Suarez: Well, I am saying it has to be the 40-60 split that he
mentioned. OK, Vice Mayor?
Mrs. Kennedy: Well, I was just going to say, what have they not met?
Mr. Olmedillo: Excuse me now?
Mrs. Kennedy: What have they not met? You say that they have not met all of
the requirements.
Mr. Olmedillo: Yes, up to that point, when we returned the class C with the
final decision, they have to plant 14 trees on this frontage, on the
residential side. They have to put up the fence, the four foot fence on the
green line, on this side and on this side and they have to plant other trees
in the area. They have to move the garbage disposal which they had in this
point, and we told them, you have to move it from there so that it doesn't
- affect this residence, although it is in her ownership, but it cannot affect
that residence.
Mayor Suarez: We know that. OK.
Mr. Garcia: Mr. Mayor, one more thing, sir.
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Mayor Suarez: CommisPioner... I thought you were going to let the rest of the
group speak and we have a Commissioner...
Mr. De Yurre: Because I have to leave and I should have left a half-hour ago,
and I have a commitment that I can't miss, and I want to make a couple of
points. I think and I echo what Commissioner Dawkins said that this group
here they have come here for relief and when I asked the City Attorney what
relief he can give them, he is going to tell me... what are you going to tell
see 7
Mr. Fernandez: None.
Mr. De Yurre: None. I, and I'm sure the rest of this Commission want to do
something for this group, because I personally feel that they have been
cheated in the tents that if there is, and you all know how committed they
were to fighting this. When they get an intended, an intention, or a concept
which is something that they can live with, with the eight foot fence, you
should know very well that when you change that, that they were going to react
to it. Procedurally, what I would have done is to go back to them before you
put up a final letter and may listen, we're changing our minds on this, you
all come back and see if we can work it out, but what happens is, the final
letter goes out and that triggers the whole legal procedure to where they,
which are a group of people that have raise the $400 to stay within the
process now, as opposed to the other way. Now, they are out of the ballgame.
Rightly so, they should have appealed, but the point that I am trying to make
is that they should never have been put in that position, wherein they have to
be in an appellate procedure, you should have beforehand gotten together with
them before you sent out a final letter. I think that when we conclude here,
even though we want to give them relief, legally we can't do it, and
unfortunately, the way I see it, they have no recourse at all at this point in
time unless the City Attorney can come up with some legal idea wherein there
is a loophole that we can sneak through and give them some kind of relief, so
I feel badly, I'm sure the rest of this Commission feels badly in the sense
that we just can't do anything, our hands are tied at this point in time, and
Guillermo, if that is the case, I want to make sure that this never happens
again.
Mr. Olmedillo: Let me just make a comment, Commissioner, with your
indulgence. You know that we have to be technically correct because the same
rights that an applicant has, an opponent has, or a neighbor has the same
standing as far as an appeal is concerned. We have to weigh these things out
and like I said, in my best professional judgement, when I was looking at the
eight foot fence, which is 60 feet away from the next residence, the validity
_ of exchanging that by a four foot wall with landscaping, to me it serves a
better purpose than an eight foot wall.
Mr. De Yurre: I understand your logic, but I am saying procedurally, just
like these people walked out when they saw the intention, that letter went out
with the intended solution and they are at ease, you know they are going to
come back. Professionally speaking, I would say if I know that I am changing
my mind to something that I feel is better, I want to go back to them again
and tell them, listen, what you thought was going to happen is not going to
happen, I am proposing this now, before you give out a final letter. Once you
give it a final letter, then you trigger a procedure, you set it in motion and
you get into a legal process, as opposed to working it out, so maybe they
would have agreed to a six foot fence, I don't know, but you should have tried
to compromise and at least given them the opportunity to continue discussing
and working something out before you sent out the final letter. That's my
comment on this.
Mr. Olmedillo: Your comment is well take, sir, however we have time
limitations. Once we have met with the applicant and we have issued an
intended decision, we have a number of days to issue a final decision, and
since the...
Mr. Plummer: Yes, well, I'm going to do something about that. Go ahead, as
soon as you are finished.
Mr. Olmedillo: Since the ordinance provides for that particular appeal
process, that's why we notified, like I said on the record, on the very same
day that we notified the applicant, we notified 27 other people.
200 November 17, 1988
Mayor Suarez: You should have stopped it when you said your comment is well
taken. That would have been period, that would have been the end, that would
have been perfect. All right, Commissioners, anything else on this matter?
Mr. Plummer: Who is the applicant?
Mr. Olmedillo: The applicant is Amparo Cardenas.
Mr. Plummer: Amparo Cardenas? Is she the former employee of the City?
Mr. Garcia: Teo, sir.
Mr. Olmedillo: May I ask how long ago she was an employee?
Mr. Garcia: At the Zoning Department.
Mr. Aurelio Peres-Lugones: Ten years ago, at least.
Mr. Plummer: Oh, OK.
Mr. Perez-Lugones: Over ten years.
Mayor Suarez: Well, for all we know, she may spend a lot of time at the
department, but if she is a former City employee, we know when she was a
former City employee.
Mr. Garcia: But you know when you have a former employee in one department,
it makes a very strong lobbyist.
Mayor Suarez: Oh, we don't doubt that, we don't doubt that.
Mr. Garcia: You see the answer? You want to know?
Mayor Suarez: Sir, we are not asking you any questions on this.
Mr. Garcia: The money is coming from another department of the City.
Mayor Suarez: That's it from you now. Commissioner's, do you have any other
questions?
Mr. Plummer: Mr. Mayor, I have no...
Mr. Garcia: If you still...
Mayor Suarez: Sirl
Mr. Plummer: I have no further questions, and obvious, the answer is in this
_ particular case, we can't do anything to offer relief. I am prepared at this
point to make a motion that hopefully we'll stop it in the future, and my
motion would be that we reinstitute that in any given situation where an
appeal is to be taken, where 10 percent of the registered homeowners in that
Me
area wish to join a petition to file an appeal, that there be no charge.
Mayor Suarez: Why are you jumping up and down like this is the end of the
world, Aurelio, if I may ask? That sounds like a very reasonable proposal by
a Commissioner of the City of Miami.
Mr. Plummer: It was, it was.
Mayor Suarez: He wants to reinstitute, or institute it, if we didn't have it
Instituted before, the concept that they shouldn't have to...
Mr. Perez-Lugones: Let me explain what happened with that. That was part of
6871. It was revoked by superseded by having the applicant post a bond which
would be refunded if nobody appeals and it would be a...
Mr. Plummer: That's not the point. These people were told that it would cost
them $400 to file an appeal.
Mr. Perez-Lugones: What I am saying is that, Commissioner, you may remember,
it was Commissioner Carollo who defeated, I mean he carried on variances and
special exceptions, having the applicant...
201 November 17, iR80
--- - -- ----
Mr. Plummer: Tine, fine, if the applicant is to pay it, I don't care. That's
fine with me, let the applicant pay it, but to the residents of more then 10
percent, that Mont to file an appeal, it costs them nothing. Our concern
before was that you could get one weirdo who wanted to hold it, up and wanted
to delay it and blab, blab, blab. Ten percent was a different number.
Mr. Perez-Lugones: It would cost the neighbors nothing.
Mr. Plummer: Sir, they were told $400.
Mr. Perez-Lugones: Because the provision doesn't exist. What I am saying is
that to be consistent with what the variances and the special exception
procedure is, let's make it the same.
Mr. Plummer: I'm saying that in reference to a class C permit, if 10 percent
of the neighbors want to join the petition, that they be entitled to do so at
the cost of the applicant. That's fine with me. Second of all, that any
class C permit that the appeal time be increased to 30 days instead of 15. I
don't know, Mr. City Attorney, does that have to go through the arduous
process of bureaucracy?
Mr. Fernandez: Yes, it does.
Mr. Plummer: Then I move that that process be started immediately.
Mr. Dawkins: Second.
Mayor Suarez: It's been moved and seconded. Any discussion on both of those
points? If not, call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-1129
A MOTION OF THE CITY COMMISSION DIRECTING THE CITY
ATTORNEY TO PREPARE APPROPRIATE LEGISLATION TO
INSTITUTE A POLICY IN CONNECTION WITH ALL APPLICATIONS
FOR CLASS C PERMITS THAT, WHEN AN APPEAL IS FILED
WHEREIN TEN PERCENT OF THE AFFECTED RESIDENTIAL
HOMEOWNERS ASPIRE TO JOIN IN THE APPEAL PROCESS, THERE
SHALL BE NO CHARGE TO SAID RESIDENTS OF THE AFFECTED
AREA; FURTHER STATING THAT THE TIMETABLE FOR FILING AN
APPEAL SHALL BE EXTENDED FROM FIFTEEN TO THIRTY DAYS.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yur.re
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS AFTER ROLL CALL:
Mr. Dawkins: I'd like to say to the neighbors, we are sorry that we can't
help you, but you have put a stop to it happening to anybody else, so that's
the only thing that is in our favor.
Unidentified Speaker: And we are the guinea pigs, right?
Mr. Dawkins: Yes, Ma'am.
Mr. Dawkins: OK, thank you. OK, this gentlemen here.
Mayor Suarez: Sir, is it on the same item, or another item? No, I am not
asking you to may anything. Sir, did you want to say something on this item?
202 November 17, 1988
0 0
OK, if you want to step up to the mike, we'll hear what it is you Want to say.
Sir, did you want to may something before you left, Mr. Garcia?
Mr. Garcia: Yea, sir, we want somebody pressured to clean that area. If. you
go there, it looks like a...
Mayor Suarez: That's another very important point and we're going to have
to...
Mr. Garcia: It is very dirty, At the corner, the voter that is there is
like a Venetia.
Mayor Suarez: And you know, you remind me of that, the lest time we applied
pressure to try to clean up a construction site, it was the Douglas Center on
33rd and Corel Way, and the pressure we put on apparently didn't much effect,
because the area looks even worst now than...
Mr. Garcia: It is dirty 99 percent of the time of the year.
NOTE FOR THE RECORDt Agenda item 45 (minority quotas) was
deferred to the meeting of December 15th.
76. RESTRICTION OF VEHICULAR ACCESS TO SW 28 STREET at approximately 28
Avenue: public hearing on January 26, 1989.
Mayor Suarez: Item 46, and then we'll go to Planning and Zoning. Yes, 46 is
yours, it is the last public hearing, not Planning and Zoning.
Mr. Carl Lambert: Right. Carl Lambert, 2500 SW 28th Street. As the
Commission is certainly aware, they have already approved I think nine
barricades on these various streets going into that part of what they call the
north Grove. 28th Street has...
Mayor Suarez: You are the only person here on this item?
Mr. Lambert: I was here, I had most of my neighborhood here and they are not
tenacious as I am, they are gone.
Mayor Suarez: Well, it as scheduled for...
Mr. Lambert: 4:00 o'clock.
Mayor Suarez: 5:00 p.m., 4:45, I mean we are not...
Mr. Lambert: But I have copies of 50 signatures on the petition.
Mayor Suarez: OK, we take those for the record. Is there any problem with
it, Jim?
Mr. Jim Kay: We will have to have a hearing on this, we'll have to have a
mail -out on this one more time.
Mayor Suarez: We begin the process of the mail -out and we hear again from
you?
Mr. Plummer: Wait a minute, what are we proposing to do?
Mr. Kay: No, this is an actual temporary closure to vehicular traffic of SW
26th Street and that is really one of the few through streets we have up in
that area. We are getting ready to put barricades at the others that you see
In the circles on the diagram here. There is two streets that are already
barricaded. In fact, Jefferson Street at 28th Street in that vicinity is
closed also, but we have received letters from the departments of Fire, Police
203
November 17, 1988
0 0
and Solid Waste and Public Works of course, opposing a closure of that street.,
so...
Mr. Plummer: Vol], what are you proposing, to have a public hearing7
Mr. Kay: That's what he is proposing.
Mr. Lambert: Wall, I have been, if you gentlemen recognize me, I have been
here many times and I am doing this gratis. If I was charging through my
professional status, I would probably be able to retire at this point. I am
unable to do that. Nov, I've asked that this hearing be specially scheduled
We have a situation where these other streets now have at least temporary
barricades, traffic is going to be funneled right through that street. I
would suggest that the Commission give us our temporary barricade and then do
whatever studies or mail -outs that are necessary. I tried to get, as we were
here previously on the stop signs. I remember there was some discussions with
this gentlemen as to the traffic studies. I have never seen a traffic study.
Mr. Plummer: Excuse me. When are those barricades going in?
Mr. Kay: They will be going in soon. We are getting prices, very likely next
week or the week after next, OK. This will be temporary barricades.
Mr. Plummer: Doesn't it seem feasible or smart that we would get those
barricades in and have an experience with them first before we address the
other problem?
Mr. Kay: I would think we are going to have to stop somewhere.
Mr. Plummer: Well, I am not saying stop, but I am saying to at least
temporarily halt to see what effect the barricades have had before we would
proceed down to 28th Street.
Mr. Kay: I think that would be a vise move to first barricade all the streets
that we got proposed to be barricaded. Let them set for about a 90-day period
and make our evaluation based upon that.
Mr. Lambert: Commissioner Plummer, the neighborhood on 28th Street is zoned,
like all these other neighborhoods are zoned, we pay the same taxes. We have,
as you've noted in our discussion to the meeting, we have a dangerous
situation on that street. That street carries more traffic then those other
streets that are barricaded because it is a straight through street between
22nd and 27th...
Mr. Plummer: No, no, it is not straight through anymore. There is a four-way
sign at 24th.
Mr. Kay: There's a four way stop at Calusa.
Mr. Lambert: Well, I might suggest to you that the motorists don't pay very
much attention to those signs and they don't very often stop and the ones that
do stop see the straightaway from the 4-way stop up to 22nd and the 4-way down
to 27th as just a drag strip. It is unsafe on that street.
N
Mr. Kay: If I may... earlier the City made a request to Metropolitan Dade
County to install 4-way stops at each intersection along 28th Street. They
responded by only installing a 4-way stop at Calusa so that they could study
that and then based upon their findings, then they would make a determination
as to whether or not additional 4-way stops.
Mr. Plummer: Why don't you bring this back before this Commission without
setting a public hearing on January 26th. Hopefully we will have an
experience of at least a month or ■o, at that time to see what the barricades
have been able to stabilize or not stabilize the area and then we can proceed
with it at that time. That's what I would recommend.
Mayor Suarez: Why.. you wouldn't want to proceed with the public hearings,
why not? You want to take it slower?
Mr. Plummer: I guess I don't have any faith in Dade County, OK? - that they
will in fact have those in, in the next week or so, and I just think, you
know, you squeeze the balloon one place, you know what's going to happen.
Pull that map down a little bit.
204 November 17, 1988
Mayor Suarez: I'm sorry I askedl That's OK, at this time of the night I'll
take anything that acceptable and reasonable.
Mr. Plummer: You know what's going to happen right there on what is, it,
26th? - or Colusa, that's going to become the new thoroughfare.
Mr. Lambert: Well, the ideal place, excuse me, to put the barricade, there is
one at Jefferson and 28th.
Mr. Plummer: Right.
Mr. Lambert: It is my understanding that that was put there to satisfy some
complaints about those mixed residential and office buildings that went there
between Burger King and Jefferson. I'm not sure about that, but that's what
I've heard. An ideal place to put that barricade would be so that, let's say,
I guess it would be on the east side of 26th Avenue so that traffic coming
from 27th going east, which is actually towards 22nd, could turn out to U.S.
1, which is where it should go anyway. That is the borderline of the
commercial and residential.
Mayor Suarez: J.L., you want to make your motion?
Mr. Plummer: You want to have a public hearing on the 27th of January? It's
fine with me.
Mayor Suarez: I want to get on to the next iteml
Mr. Plummer: OK, I move that we have a public hearing in reference to SW 28th
Street on the 26th day of January.
Mrs. Kennedy: Second.
Mayor Suarez: Very good. Moved and seconded. Any discussion? Call the
roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-1130
A MOTION INSTRUCTING THE CITY ADMINISTRATION TO SCHEDULE A
PUBLIC HEARING CONCERNING RESTRICTION OF VEHICULAR ACCESS
TO S.W. 28TH STREET AT APPROXIMATELY 28TH AVENUE FOR THE
REGULARLY SCHEDULED CITY COMMISSION MEETING OF JANUARY 26,
1989.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Mayor Suarez: We've got you on a faster track than otherwise.
Mr. Lambert: May I ask this gentlemen how I gain access to his studies? -
because I have been unable to contact him or have him return my phone calls.
Mr. Kay: I'll be very glad to meet with you.
Mr. Dawkins: Make everything available to him. I move it.
Mayor Suarez: Kidnapped before 9:00 p.m., that's a good sure way of being...
Mr. Plummer: Let me ask the Department, what about Bayshore Drive and 17th
Avenue?
205 November 17, 1988
Mr. Dawkins: Are you going to make everything available to this gentlemen?
Mayor Suarez: Oh, obsolutelyl He's got to.
Mr. Kay: Teo, sir, we will.
Mr. Dawkinsr When, tomorrow?
Mr. Kay: At his convenience.
Mr. Dawkins: Tomorrow?
Mr. Kay: We can meet with him tomorrow...
Mayor Suarez: Tomorrow at 10:00 a.m.?
Mr. Kay: 10:00 o'clock?
Mr. Dawkins: What time tomorrow, sir?
Mr. Lambert: What he has now, or what he is going to use on the 27th? I just
want to have... I can get it tomorrow at 10:00 a.m. at your office.
Mr. Kay: Whatever information we have available and our office is all public.
Mr. Lambert: Well, that's real fine, but if you will permit to making it
available to me tomorrow at 10:00 o'clock, I'll be in your office.
Mayor Suarez: You seem to have some skepticism that you are going to get it,
I don't know. Tomorrow at 10:00 o'clock.
Mr. Lambert: And can I have a continuing duty to get whatever he is going to
have for the next time?
Mayor Suarez: Absolutely.
Mr. Lambert: Thank you.
Mr. Kay: To answer your question, at Bayshore Drive and 17th Avenue, we are
waiting the answer from Metropolitan Dade County for a proposal that we have
come up with, one proposal that we have come up with.
Mr. Plummer: Let me ask you a quick question. Has any consideration been
given where Bayshore going north on Bayshore, what I would call north, have a
left turn lane? That is not as critical as a turning lane coming south. Has
any consideration been given to putting a turning lane on the south bound for
a right turn and eliminating it for a left turn at the light?
Mr. Kay: That's exactly what we are proposing, because...
Mr. Plummer: No, you are proposing to dig into the residential property.
Mr. Kay: No, we didn't say that. Whatever you read in the newspapers was
incorrect.
Mr. Plummer: What else is new?
Mr. Kay: We are proposing to use the same pavement width that is there now.
We are not intending to widen the pavement at all, except to restripe it, if
you'll like you said, take a look...
Mayor Suarez: That's it, that's what he wanted to hear, that's what we all
wanted to hear.
206 November 17, 1988
01
4
77. APPEAL, 3838 N. DATSHORE DRIVE; review variance, Community Based
Residential Facility, withdrawn.
Unidentified Speaker: I'd like to withdraw an item if I might.
Mayor Suarez: Oh, sure.
Unidentified Speaker: Page 14, both of those items, they are mine, I
represent the successful applicants before the Zoning Board, and I have filed
a written request to withdraw that application. There's been an appeal.
Mayor Suarez: Is there anyone here that was hoping to be heard on PZ-24 and
257 Do you have any objections to that withdrawal?
Mr. Robert Korner: For the record, my name is Robert Korner. I am here
representing the neighborhood group that were in opposition to this. We do not oppose the withdrawal of it, we support it, and we support his intention —
to go for the historical designation.
Mayor Suarez: Very good, thank you. Do we need to take any action on the
withdrawal? Thank you both.
Mr. Plummer: So it is not deferred, it is just withdrawn.
Mayor Suarez: Withdrawn. There is nothing pending before us on either one of
those two items. That's gone forever.
78. APPROVE MODIFICATIONS TO WATERFRONT CHARTER AMENDMENT: for Riverfront
Tower Project, 1 S.E. 5th Street (Coding Group/Babcock Companies.) _
Mayor Suarez: PZ-22.
Mr. Steve Helfman: Mr. Mayor and members of the Commission, my name is Steve
Helfman, my address is One Centrust Financial Plaza. I am here on behalf of
the Riverfront Associates Joint Venture who is intending to develop a
residential apartment building along 5th Street on the Miami River at the
South Miami Avenue river bridge. The property is right here, just adjacent to
the bridge. We have come to an agreement with your staff. We believe we have
their full support on this matter. They initially requested a 20-foot side
corridor. We've reached an agreement at 18.61 feet, in lieu of the 10 that we
originally requested and we'd ask you to move it and approve it based upon
that, and I'd just like to reserve some time for rebuttal or any questions.
Mayor Suarez: OK, let me on your side, I presume, because it looks like they
support it, introduce into the record a letter I just received from the
chairperson of the Miami River Coordinating Committee, which does support your
application and they even say it enthusiastically, which... it is signed by
Bob Parks.
Mr. James Wellington: My name is James Wellington, cochairman of the Dade
County Friends of the Everglades and also member of The Miami River Business
Association. We first learned that last night at the hearing at the Miami
River Coordinating Committee, and the people on the river are concerned as
they were previously for the Hyatt Hotel, due to safety factors such as the
wind shadows created by the tall buildings and the towing of freighters up the
river, so the people on the towing interests and the shipping interests on the
river have not been made aware of this yet. The few I was able to talk with
today wanted to look into it further. Also I am concerned too about some more
Manhattanization of the river. As I understand the first five or seven floors
are going to be parking and I think it is wonderful that automobiles have a
good view of our waterfront where a lot of people do not and I think to me, it
is just an architectural monstrosity, but I think more things should be given
consideration of the safety of the river. It hasn't been before the
Waterfront Board as yet, because the Waterfront Board has not met in full
body.
207
November 17, 1988
S
Mayor Suarez: This is a classic item for the Waterfront Board. Why are you
saying no?
Mr. Odio: The Waterfront Board is only for City property.
Mr. Plummer: Waterfront Board is
Mr. Odio: I would think Waterfront Board was anything that was waterfront.
Mr. Odio: No, sir, we never taken a private building or proposed site for a
private building to the Waterfront Board.
Mr. Plummer: Well, all they can do is recommend.
Mr. Odio: And besides that, they are only advisory, sir.
Mr. Plummer: They only recommend, but I thought that they were for any
waterfront property.
Mr. Odio: No.
Mrs. Kennedy: You know, I don't want to discourage anyone from building, but
let's not do something that we'll later regret.
Mr. Helfman: Well, if the regret is the height of buildings and the
Manhattanization of Miami, then that is a basic decision that this Commission
has to make, whether they want hi -rise in downtown Miami and I think that...
Mayor Suarez: Well no, but I thought the argument would be a combination of
the height of the building and the proximity to the river, to the water's
edge, no? Isn't that part of the argument, I mean I am not sure I buy the
argument technically, but...
Mr. Helfman: Your Charter is very, very clear. It provides that where a
property owner provides certain public amenities, in consideration of that,
the setback requirements may be varied. That's exactly what we've done. In
fact, we not only provided one of the amenities, we went though the list in
the Charter and provided every single one listed in the Charter to insure that
we have given full consideration for it. In addition to that, there were some
other conditions imposed by the Planning Department which we fully accept and
agree to, granting of a public easement across all of the riverwalk area,
providing a stairwell subject to FDOT and Dade County's approval onto the
bridge so that there is access onto the bridge. I think we have met the
requirements clearly.
Mr. Wellington: If they provide a stairwell, isn't the City ordinance
requiring anything over two levels to be an elevator? - and that's two and
one-half.
Mayor Suarez: An elevator off the bridge, huh?
Mr. Wellington: Yes, right, or see a glass elevator so we can see what goes
on inside. Well, sir, but I think the Coast Guard should also have a little
input on this, as there could be a matter of safety due to wind shadows and
created by tall buildings on the river, especially at that end of the river.
Mayor Suarez: The word you are using is wind?
Mr. Wellington: Wind shadows.
Mayor Suarez: Shadows?
Mr. Wellington: Yes, sir. That's like shadow caused by buildings, such we
get venturies up north, and the tall buildings in the streets.
Mr. Dawkins: If the tow boat has a boat behind it, the winds make it almost
uncontrollable.
Mr. Wellington: And there's some pretty big cargos coming up the river and
when we they are three and four containers high, the wind does have an effect.
Also, you could call it...
208 November 17, 1988
Mayor Suarez: Like a vacuum created, you mean? Is that what you are saying?
Mr. Wellington: No, sir, a high pressure with the wind blowing.
Mayor Suarez: All right.
Mr. Wellington: It's call a venturi effect.
Mayor Suarez: Low pressure on one side and high pressure on the other, it's a
vacuum.
Mr. Dawkins: I'd like to know...
Mr. Wellington: And all pressure is on the Commission.
Mr. Dawkins: He said something, how many...
Mayor Suarez: He's talking like a mechanical engineer, here, I've forgotten
it all. Go ahead. What about fluid dynamics and all of that?
Mr. Dawkins: What about, he says floors of parking.
Mr. Helfman: There are seven floors of parking.
Mr. Dawkins: Pointing towards the Atlantic Ocean?
Mr. Helfman: Well, it's a four-sided structure, the parking will be fully
screened within the building.
Mr. Dawkins: But I have to buy his argument I mean, as much as I am with
you, I have to buy his argument. In my opinion, you just don't take
waterfront property and put a parking garage on it to overlook the Atlantic
Ocean. You know, people could appreciate the view, but not automobiles.
Mr. Helfman: Commissioner, first we are not on the Atlantic Ocean. Number
one, you recently approved...
Mr. Dawkins: Seven floors up? You can't see the Atlantic Ocean down the
river?
Mr. Helfman: Without our requesting, you see, we are confusing what we can
build today and what we are asking for. He is raising general issues about
the type of structures that should be in downtown Miami and the
Manhattanization of downtown Miami. It's totally unrelated to the question of
whether a 20-foot side corridor is acceptable and I think your staff has
probably evaluated that. The other thing is...
Mayor Suarez: I'm sure you would have no problem on the one issue he is
pointing out about the Coast Guard, you know, being consulted on this, I
mean, if it is an issue, if you do have any kind of a structural problem or a
vacuum created or a high pressure point or something, and if the Coast Guard
indeed has any jurisdiction over it, I am sure that they ought to be
consulted, but I mean that is not going to affect our determination today, I
don't think..
Mr. Wellington: Also, Mr. Mayor and Commission, I would prefer that we
address things on the river to water oriented structures, and I don't believe
this is a marine oriented.
Mayor Suarez: That's true, but I suppose, but I guess you've seen what is
over there right now.
Mr. Wellington: Yes, sir.
Mayor Suarez: And there is no riverwalk, you know, unless you want to get
mugged, you probably want to get anywhere close to the river over there and it
is their property, so you know, to the extent that with the Charter we
provided a 50-foot setback to have public access with the modifications that
are allowed, I don't know what else we could do... we can't tell people that
we want to have a recreational usage, or water usage if it is there property,
that I am aware of.
209 November 17, 1988
0 4
Mr. Wellingtons Could I ask these gentlemen if they would consider also
putting in dockage space there for any the larger yachts??
Mayor Suarez: Yes, would you be considering some dockage space?
Mr. Helfman: No, we are not., not at all. You know, all these issues were
raised last night before the Miami River Coordinating Committee and they were
dismissed summarily because they hear from this gentlemen all the time and
At'a...
Mayor Suarez: Well, but we have a right to hear also, I mean...
Mr. Helfman: I understand.
Mayor Suarers ... and I interested in that point. Would you be considering
any dockage at all? I mean, you might find yourself that we've turned you
down on dockage, for all I know.
Mr. Helfman: No, we are not asking for it at all. We have no intentions.
Mr. Wellington: I'd like to see dockage over there, especially for bigger
yachts, which are going to be attractive, and also you remember too, on the
Miami River Coordinating Committee there is only one person from the river.
All the others are non -river people.
Mayor Suarez: You know, we have an idea that we can control a little bit what
is going to take place on both sides of the river, not totally, because a lot
of it is in the hands of private owners. We think, I think, all of us, that
some of it should be recreational, some of it should be, as indeed, we have
some parks and some other public areas, some of it should be residential, some
left for industrial use, I think the river is doing about two billion dollars
a year in commercial activity and this is in line with that. You know, the
idea of having a residential facility close to downtown and on the river is
pretty exciting, frankly.
Mrs. Kennedy: Let the record reflect I want to make sure and ask the City
Attorney, does the fact that they bypassed the Plat and Street Committee and
the Zoning Board have any legal implications, by coming to us directly?
Mr. Fernandez: No, not for what they are here today, it does not.
Mrs. Kennedy: All right.
Mayor Suarez: Anything further?
Mrs. Kennedy: No.
Mr. Wellington: Thank you.
Mr. Plummer: What is the recommendations of the department?
Mr. Joe McManus: We agree. Our point of contention basically was, the
applicant had originally offered a ten -foot corridor running from Miami River
back to 5th Street. We recommended 20, the applicant is now offering 18.6. We
think that suffices.
Mr. Plummer: Speak to the front.
Mr. Dawkins: So moved.
Mr. McManus: They are offering 25-foot setback and that is satisfactory to
US.
Mr. Plummer: In lieu of the Charter amendment which says 50.
Mr. McManus: In lieu of the Charter amendment which requires a 50-foot
setback and of course, the side yard would ordinarily be required a 37.68
feet, so what we are getting now is 18.6 feet side yard.
Mayor Suarez: And all of those are improved by them at their cost and
available to the public for use? - totally available to the public?
210 November 17, 1988
Mr. McManus: Yee, sir. We are requiring a public access easement over both
the see -through and across the front.
Mayor Suarez: You are not going to have a guard or a fence or something to
keep people from going out onto the baywalk7
Mr. McManus: That would be reviewed, the covenant would be reviewed by the
Law Department. That would be a consideration, it would not want a guard or a
chain.
Mayor Suarez: Is that implied, or is that stated in the Charter amendment., or
need to?
Mr. McManus: The Charter amendment talks about public amenities such as
public access. It...
Mayor Suarez: The understanding, the implication is that somehow, you have to
be able to get there, other than by boat, unless you happen to own a boat and
be able to dock there or something.
Mr. McManus: It is an implication, but it is not stated in the amendment.
Mrs. Kennedy: They will have the easement covenant allowing public access and
that you will not block the side view.
Mr. Helfman: There's no issue at all, we have offered it, we are willing to
accept it as a condition and the easement will be provided.
Mayor Suarez: What about how long this is going to take place? I mean, what
guarantee do we have that we are actually going to do this project and that we
won't have gone through this just so you can sell the property to somebody
else.
Mr. Helfman: The guarantee is that we are willing to commit to pull permits
for this project within the 12-month period.
Mayor Suarez: Otherwise, the permission lapses, or the resolution lapses.
Mr. Helfman: Otherwise we have to come back before you.
Mrs. Kennedy: How about maintenance?
Mr. Helfman: The public easement area will be maintained by us.
Mrs. Kennedy: I'm satisfied, the rest of the Commission is, I move it.
Mr. Plummer: That's open seven days a week, 24-hours a day.
Mr. Helfman: Fully accessible.
Mayor Suarez: Anything further?
Mrs. Kennedy: I moved it.
Mayor Suarez: Moved, do we have a second?
Mr. Plummer: Second.
Mr. Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: You are going to maintain that walkway eternally.
Mr. Helfman: That easement will be a perpetual easement and the conditions to
It will be perpetual.
Mr. Dawkins: I'll ask my question again.
Mr. Helfman: Yes, the answer to your question is yes.
211 November 17, 1988
Mr. Dawkins: Please be do not let it be like the walkway between the Dupont
Plaza and the Hyatt, OK? That's horrible. You go down there, it's dirty and
what have you, so I would hope that this one would always remain attractive so
that those of us who look at can appreciate it and not be embarrassed by it.
Mr. Plummer: That was brought to us by the DDA.
Mr, Dawkins: No further questions, Mr. Mayor.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-1131
A RESOLUTION APPROVING MODIFICATIONS TO THE WATERFRONT
CHARTER AMENDMENT (CITY CHARTER, SECTION 3, (MM) 01.)
(III) AND (IV)) REQUIREMENTS FOR THE RIVERFRONT TOWER
PROJECT, I S.E. 5TH STREET, BEING AN UNPLATTED PARCEL
LOCATED AT THE MIAMI AVENUE BRIDGE, PROPOSED BY THE CODINA
GROUP/BABCOCK COMPANIES; SUCH MODIFICATIONS BEING A 25
FOOT SETBACK FROM THE SEAWALL (50 FEET REQUIRED) AND A 10
FOOT SIDE YARD (37.68 FEET REQUIRED) RECOGNIZING THE
PUBLIC BENEFITS PROVIDED; RIVERWALK, COVERED PARKING UP TO
AND BEYOND THE FLOOD PLAIN LEVEL AND FUTURE RIVERFRONT
RESTAURANT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Mr. Helfman: Thank you.
Mayor Suarez: Don't thank us. Thank the Lord.
79. SECOND -STORY ADDITION at 465 N.E. 55 Terrace denied
Mayor Suarez: PZ-23, Pancoast.
Mrs. Kennedy: Ah ha, PZ-231 This is one I have been looking for.
Mr. Allan H. Gruber: Mr. Mayor, members of the Commission, my name is Allan
Gruber. I am an attorney for the applicant, Mr. Hergert. My office is at
9100 South Dadeland Boulevard, here in Miami.
Mr. Plummer: Excuse me, let me stop you. We had asked the Department to...
Mr. Guillermo Olmedillo: This is an appeal sir, so we have always asked the
appellant to go first.
Mr. Plummer: I am asking of the Department where is the report that we asked
you to supply us with?
Mrs. Kennedy: Code enforcement.
212 November 17, 1988
Mr. Olmedillo: Just one second. Joe Genuardi Mill report to you, sir.
Mr. Joseph Genuardi: Joseph Genuardi, toning administrator, City of Miami.
An inspector of the Building and Zoning Department visited the site three
times and at no time could find anyone in the building. We have left notices
and the opinion of the inspector is that the building is vacant.
Mr. Plummer: Was there two electric meters or one?
Mr. Genuardi: You mean existing now? There were originally two meters.
Mr. Plummer: What's there now?
Mr. Genuardi: I'm not sure now.
Mr. Gruber: There is one set, sir. There is one meter. Always has been, and
still maintains one meter.
Mrs. Kennedy: Didn't you check it, Mr. Genuardi?
Mr. Genuardi: No, I didn't check the meters, no.
Mr. Plummer: And the place has been vacant how long?
Mr. Genuardi: Since the last Commission meeting. We haven't been able to
find anyone in the building.
Mr. Plummer: Prior to that you found someone there?
Mr. Genuardi: Yes.
Mr. Plummer: There was someone living there?
Mr. Gruber: No, sir.
Mr. Genuardi: In the one apartment.
Mr. Gruber: No, sir, I believe what he said at the last meeting was in fact,
as it was transcribed for me, because I was not able to be here, was that he
found evidence that there were two areas of living, not people living there,
there has been no one living there for two and one-half years no one has been
in the house. There is no furniture in the house.
Mr. Plummer: Well, somebody's got a problem because they took homestead
exemption on the property for the last two years. Simple form, did you find
anyone physical human beings in the house prior to the last hearing?
Mr. Genuardi: No, we just found evidence of two units.
Mr. Plummer: Thank you, sir. Do you have anything else you want to add?
Mr. Genuardi: Not at this time, unless you have questions.
Mr. Plummer: To establish the record, you did find evidence that the house
was in fact split up for two families?
Mr. Genuardi: Yes.
Mr. Plummer: OK, thank you.
Mr. Gruber: I'd like for him to stay right there.
Mrs. Kennedy: Let me address that issue, excuse me one second, sir. I,
myself went to the property. When I got to the garage door, I peeped, there
was a glass that was broken, and there was a wall, which is clear evidence
that the garage was used as a room. Proceed, sir.
Mr. Gruber: Let me hand you a photograph. Maybe it will be easier than
peeking through the window. That is the garage...
Mrs. Kennedy: Nobody was there to open the door for me, so I did what I had
to do.
213 November 17, 1988
_ s_
Ll
Mr. Gruber: If you had called us, we Mould have opened it for you.
Mr. Olmedillo: Would you speak on the record, on the microphone, please.
Mrs. Kennedy: No, I like to arrive unannounced.
Mr. Gruber: That's quite all right. It makes no difference. Those are the
photographs depicting the front of the house. If you look to the side, you
will see the top of the loft over the garage.
Mr. Olmedillo: May I ask you to speak on the microphone, please? There is a
portable.
Mr. Gruber: If you look at the black and white photo, you will see the
Interior of the space we are talking about. It is a garage with a stairway on
the interior of the garage, going up to an interior loft. There is no
separate structure, there is no separate dwelling place here.
Mr. Plummer: Just for the record, so you don't get no problems, have you
registered as a lobbyist?
Mr. Gruber: I am not a lobbyist.
Mr. Plummer: Are you paid as a lawyer to represent a client?
Mr. Gruber: No, sir, I am not being paid.
Mr. Plummer: You are not, you are doing this free?
Mr. Gruber: That's correct.
Mr. Dawkins: The proper term is pro bono.
Mr. Gruber: If the Commission would like we are prepared to show you a plan
that was submitted in order to obtain the variance permit, an after fact
permit, which will demonstrate the singleness of this unit. If at any point
you want to see it, let me know and I will just keep going until you tell me
otherwise. An overview of the situation, so that you can bring yourself up to
date on it, the place was built in the 19401s, approximately 1940, 1941,
purchased by my client in 1977. My client is a long haul ship's captain. It
requires him to be in and out of international waters a great deal of the
time. He hired a builder in 1977, late 1977, to affect an addition, a loft
over the garage. The purpose was for his mother and father to be able to live
downstairs, for him to be able to live in the loft whenever he came home.
Mrs. Kennedy: Excuse me, did he get a building permit?
Mr. Gruber: I'm going to get to all of that, I'm sure, if you just give me a
second. He was out of the country while this was being built. He had a
_ contractor do it, he was under the impression that everything was proper and
had been permitted. He returned, the structure was in effect in 1978, it has
remained unchanged in any manner for ten years.
Mrs. Kennedy: OK, excuse me again, I'm sorry. You said he was under the
impression that everything was done.
Mr. Gruber: That's correct.
Mrs. Kennedy: OK, can you expand on that?
Mr. Gruber: Commissioner, yes I can expand very simply. The average home
builder in this community or in any community in the country hires a builder.
The builder tells him they are going to pull a permit and take care of
everything that's done. Homeowner comes back, the place is built, everything
is done, one would assume that everything has been met, else, how else can you
build a structure? He was not on the preroises at the time, he was out of the
country. Now, I am not going to debate with you...
Mayor Suarez: But there was no permit? We agreed on that.
Mr. Gruber: There was no permit pulled.
214 November 17, 1988
12
Is
Mayor Suare2: OK,
Mr. Gruber: All right, my client didn't find that out until January of 19...
I'm sorry, I don't- mean to quote the month, I don't want to mislead you here.
He didn't find it out until 1988. Now, he returned from sea duty in... I'm
sorry, late 1987, not early 1988. He returned from sea duty in late 1987,
whereupon he desires to sell the place. What had happened in the interim, was
years ago, his mother and father moved in, his father died, hie mother moved
to Massachusetts to live with another son, my client's brother, who was in the
house on a full time basis, because of her advanced years. Upon his return he
decided that the house was too much for him and he was going to Pell it. He
was offered $100,000 by Nora Schaffer, who is a realtor, speaking on behalf of
the homeowners' association here today. He declined that offer. He then
decided he would show the place himself. He was advised by realtors that it
showed best unoccupied. Therefor, end it is most important for you to
understand this, because as I see this, having appeared here before many
times, this is a fairly simply variance request... a fairly simple permit and
after the fact permit request, and yet, the homeowners' association that came
before you indicated their great fear was rental. Now, I prefaced what I am
about to say with that, because I think it is important. My client did not
want to live in the house while trying to sell it, so he went across the
street to Mr. Willard's house, a neighbor, and rented a full furnished
apartment from him. Mr. Willard issued a letter, shortly after finding out
that my client had in fact, obtained a buyer for the premises at $115,000. I
have a copy of the contract here for you and a letter from the lawyer who
represented the prospective buyer. Upon discovering that, Mr. Willard
executed a note that I would like to read into the record, certain parts of
it.
Mayor Suarez: How is this relevant to the issue?
Mr. Gruber: It is relevant, I'll tell you, Mr. Mayor, because this is not a
simple permit after the fact situation. Nobody gets this worked up over a
simple permit. Nobody hits the front page of "Neighbors" over a simple
permit. Nobody comes in this strong over a simple permit.
Mayor Suarez: It is sort of a permit nine years after the fact situation,
which is...
Mr. Gruber: How many times do you see people come in and over a homeowner
loft, make this much noise? There is a great deal more to it. Vhat there is
to it, Mr. Willard sets out in his letter, he basically says, you are never
going to get away with this. You are doing something that you should never
do, that for a few pieces of silver, you are going to ruin friendship. You
are going to sell this to somebody you shouldn't sell it to. He says in it,
your rent is up the end of the week and I expect you will be gone, further
evidencing the fact that in fact across the street he was renting him a unit.
What he was so upset about was our contract for sale is to a black family. It
is very, very simple. Mr, and Mrs. Sherry, here is a copy of the contract,
attempted to buy it, when all this happened, within 72 hours of Mr. Willard
voicing his objection over the proposed sale to a black family, the following
happened: The City cited the petitioner for multiple family dwelling. The
City cited him for zoning violations. Four building department notices,
structural, mechanical, plumbing and electrical were placed upon him. He
attempted to comply, he immediately hired a contractor, who is here before us
today, to obtain a permit, the first time he was aware that he was in
violation. The homeowners' association also took him before the Heritage
Conservation District. Understand, I'll bring you back to a time sequence -
purchased in 1977, addition in 178. 1983, Heritage Conservation Commission
makes it a historic area, five years after this is already built. We go
before the Heritage Conservation Commission. By a vote of five to one, they
determine that there is in fact, no violation, whatever, in terms of heritage
conservation, or historic quality.
Mayor Suarez: I presume you want that in the record, the contract?
Mr. Gruber: Yes, I do.
Mayor Suarez: It will be entered into the record as soon as the Commissioners
finish looking through it and Commissioner Plummer, unless you want to look at
it, if you haven't already.
215 November 17, 1988
1
Mr. Gruber: Thank you. Mr. Jose Cruz is the gentlemen who just handed me
this. He is the contractor to which I alluded just a moment ago, who was
hired by Mr. Hergert to get permit after the fact.
Mayor Suarez: What discretion do we have, as long as you are handing that
out, in permit after the fact situations? I would ask our staff a question
while you...
Mr. Gruber: All right, what I have handed the Mayor is...
Mayor Suarez: No, what discretion, what does the law say about what factors
we applied in permit after the fact situations, variance like this? What
factors are we supposed...
Mr. Genuardi: To obtain a permit after the fact, they would have to show us
that the construction meets the building code, so we would need a
certification from an architect or engineer, saying that all construction was
In accordance with the building code.
Mr. Gruber: You will note what I handed you, Mr. Mayor. That's what you are
holding.
Mayor Suarez: Right.
Mr. Genuardi: Then we would charge a quadruple fee, since they...
Mr. Plummer: I assume that they have met all other setback requirements.
Mr. Genuardi: Yes, they would have to meet all applicable zoning regulations
to...
Mayor Suarez: I see.
Mr. Plummer: Ninety percent of the time, when they put in an illegal addition,
it's cheaper to tear it down than it is to rebuild it to comply with the South
Florida Building Code. To remodel, modify is expensive.
Mr. Gruber: That's correct. OK, what you have before you is the permit
itself. You'll notice that everyone, every inspector has signed off on that
with the exception of structural and that is because everything stopped at
that point. You have the plans before you. On the plans they have been
signed off by mechanical, by plumbing, every single thing in there has been
checked off so far as being code. The only thing that remains is the shell.
Nov, it is real important to understand that we are talking about and old
house built in 1940. No changes since 1940, other than this addition. Hold
that for a moment in the back of your mind. The existing structure, evidently
violates the setback in today's terms. The structure that was added does not
go as far out as the existing house. Am I making myself clear? In other
words, what we do not have is a cantilever. We do not have something hanging
over, rather, we have the reverse. We have the existing... I'll just pick one
outer was, because that is all we are talking about. On one outer wall we
have this situation. On the upstairs part, it is virtually indented. It not
only doesn't hang over, it is set back in. We are talking about, I believe,
2.5 feet and if the above structure violates today's terms, it is simply
because the existing structure was built in 1940, thereby violating. I'm
explained by my client that when he bought the house...
Mayor Suarez: Well, but following your argument, the indentation could have
been a little deeper and then you wouldn't have violations for the upper part
- of the structure.
Mr. Gruber: Then, Mr. Mayor, you would theoretically have violations for the
lower preexisting. In other words, what the builder did, we can only presume
because we weren't there, but we have to understand what the builder did, is
he took the existing wall and went virtually straight up, except he really
didn't go all the way up, he...
Mayor Suarez: Now, if he had gone straight up, then the argument would make
more sense, I suppose.
Mr. Gruber: He indented it.
216 November 17, 1988
Mayor Suarez: Fither way, What your saying is that the new addition violater
the code a little bit leas than the other portion.
Mr. Gruber: Correct. Now, it has been there for ten years. What concerned
toning, from where I stand, is the fact, that they believed that it was
separate structure. (A) it is not a separate structure. It's not the —
proverbial small house in the back, it is not the add -on that you walk up
outside the house on the stairway, that we ore all used to seeing, with a
little extra mailbox on the side. It isn't that type of actuation. You only
enter it from inside the house on that stairway, that we showed you. That's
real important for you to understand. Nov, the other thing is, there was, on
the second floor addition, and what evidently confused zoning, I believe, at
one point, was the existence of a refrigerator, a stove, in other words, a
little kitchenette type facility on that second floor thing. That was -
removed. Mr. Cruz is here to testify to you. He was hired to removed that
and did in fact remove it, a year ago? Approximately one year ago, that was
removed. The moment we found out that was a concern of any kind, it was
gutted. This exists as a 1940 house with no changes, other than a 1978 garage
loft that can only be entered from the inside. I would point out to you also
that... if you could point to the house, I would appreciate it... on that lot
behind it is vacant and has no home on it. It encroaches on nothing.
Mayor Suarez: Are you almost complete in the presentation?
Mr. Gruber: What concerns me about this thing, and why I did it pro bono, is
something that I think and my client, the guy that I represent here, Al
Hergert thinks, is that this isn't just a simple request for a permit after
the fact. This thing existed ten years, the whole neighborhood knew it. I
don't want the neighborhood coming here and saying, or any individual members
of the neighborhood coming here and saying, it's terrible, it is a rental. He
rented across the street, literally 50 feet, the other side of the street,
from one of his neighbors. He could have rented from a lot of others.
Everybody over there knows what they've got. That isn't the situation that
ought to be before you all here. What ought to be before you here is why
after ten years did the roof fall in, so to speak. Why all the violations,
why all the citations? Everything was in 72 hours of notice that goes out to
a neighborhood that a black family is going to buy this thing. Am I the only
one that is noticing the importance of that? It concerns me. I do not mean
to come before this Commission with a self-styled halo on and say that
structures built without permits are OK, it's wrong. I pay a lot of money to
build them, if I add on. So do you, so did everybody else in here, but if
there were not extenuating circumstances, we would not be before a Commission.
Thank you.
Mayor Suarez: I'm' not really sure what you implied by the fact of the
contract, the sale being to a black family. Actually, in that neighborhood,
there are blacks residing as far as I am concerned.
Mrs. Kennedy: And that is of no...
Mayor Suarez: I don't think it has ever been an issue here, that I am aware
of.
Mr. Douglas Broeker: That's correct, Mr. Mayor. In fact, Olivia Fields, one
of our black neighbors, she is an attorney with the Public Defender's office
was here to speak and waited around for a couple of hours but wasn't able to,
because you had to leave.
Mayor Suarez: Why don't you give us your name before we get...
Mr. Broeker: I'm sorry. My name is Douglas Broeker, I live at 538 NE 55
Terrace and...
Mr. Gruber: In response to that, I regret that I had to leave, I am really
sorry. I left a message with the Mayor, my father is terminally ill and it
does come before any of this. I was requested to there at a difficult
surgical procedure.
Mr. Broeker: I regret that as well. That was the second continuance. Then
first one we agreed to. If we known about it in advance, we would have agreed
to that as well. As it was, we had 35 people out. One of them happened to be
Olivia Fields. We have about ten people here today. Several of us want to
217 November 17, 1988
speak. One of the questions I have for counsel is... he wasn't sworn in, I
know that he doesn't live in the neighborhood. He has testified to a lot of
facts and I wonder whether those are facts that he's up...
Mayor Suarez: Well, we are In the midst of an internal discussion here with
ourselves as to whether we are going to retire attorneys to be sworn in, but
we really are not too interested in his factual allegations. We're only
Interested...
Mr. Plummer: There are certain members of this Commission, without naming
them, who feel that attorney's never misrepresent the truth.
(LAUGHTER)
Mr. Plummer: Yes, that's what I said, he, ha, hal
Mrs. Kennedy: And if you believe that, I have a real nice bridge to sell you.
Mr. Plummer: Mary Poppine was a junkie)
Mayor Suarez: No, we only take note of the argument he made, the factual
aspects of the case can very easily be determined. In fact, I don't think
there is much of a factual dispute. If this was a case in court, it Mould be
a summary judgment case, I think, but go ahead.
Mr. Dawkins: How many people from the neighborhood are here?
Mr. Gruber: I'd ask if the speaker is an attorney as well.
Mayor Suarez: Yes, I think he indicated he was an attorney, right?
Mr. Broeker: That's correct, that's because I saw him here...
Mayor Suarez: And you are not being paid for your appearance either?
Mr. Broeker: Pro se and pro bono, that's right.
Mayor Suarez: Pro se and pro bono. We got all the Latin stuff here.
Mr. Plummer: What is pro se?
Mr. Broeker: Pro se means on your own behalf.
Mayor Suarez: Well, you can't use any of those terms anymore, because we have
an official language now, you see.
Mr. Broeker: That's right, English only.
Mayor Suarez: You got to translate that to English, you know, not Latin.
That's too bad, you know, some of those terms are really neat.
Mr. Gruber: Does the pro bono side of them have to be sworn?
Mr. Plummer: He who has himself for an attorney...
Mr. Broeker: Has a fool for a client! You got it.
Mayor Suarez: Right.
Mr. Plummer: That's why you are pro bono.
Mr. Broeker: So what I'd like to do here is turn the floor over to some of my
neighbors who can say in no uncertain terms from their own personal knowledge
that several of the matters that Mr. Hergert has asserted to you are absolute
falsehoods.
Mr. Plummer: Well. let me try to simply this. The hour is getting late, I
think everybody is getting...
Mrs. Kennedy: Yes, I've got to leave.
Mr. Plummer: ... tired. You know, I heard this gentlemen speak and he only
spoke to one small sentence as to what is really before us. That matter
218 November 17, 1988
2 0
before us is whether this Commission is going to allow the wsiver of a setback
or not. The contract for the house, where the gentlemen lived, that is all
great, for his presentation and you. For one, this Commissioner, I rant to
hear to you speak for the issue before me. The issue before me, should this
Commission allow the setback waiver or not. That's the only issue before us.
It is not whether there were two families there or one, OK? That's not the
Issue before us. The issue before us is setback only and I would appreciate
even though, excuse me, we didn't stop him, that's the issue I want to hear
about.
Mr. Brooker: OK, clearly the answer In no, and as a matter of law, he is not
entitled to it. Let me first just hand up some pictures. I've a series of
nine photographs with little explanations on the back of them.
Mayor Suarez: Take that mike with you, if you want, if you want to speak as
you...
Mrs. Kennedy: Let me just tell you that I've got about five minutes and I
really have to leave. The way I see it is that they built without a permit at
the time. When they were caught by the neighbors, ordinance 9500 came into
effect and to me, there is no hardship to justify the variance.
Mr. Gruber: How about the $20,000 to remove it?
Mrs. Kennedy: What's that?
Mr. Gruber: How about $20,000 to remove it? Building and Zoning estimated
approximately $14,000. We got a private estimate of $19,000.
Mr. Broeker: The man selling the house and moving out, if there is an
additional expense involved with that, I don't think $20,000 measures up to
the amount that he recovered in additional rents over the years and the
amounts that he paid...
Mr. Gruber: Wait, this is not about additional rents. There is not testimony
with regard to rent.
Mayor Suarez: But wait, wait, wait, we let you speak, now let him complete,
please.
Mr. Broeker: If the Commission wanted to hear it, we have testimony that at
times, over the past ten years, they've had two families in there when he was
not there, and if you look at those pictures, there are three doors within 15
feet of each other. The only reason there would be that many doors if there
was more than one dwelling. There's two mail boxes out front and the Epics
can tell you that there have been in the past, two electric meters out there.
Well, let's focus on the issue and the issue is a matter of law, what is the
requirement, and what's the definition of variance and what is required in a
written petition? This man does not meet the definition of the variance
because his problem that he is seeking a variance on, is a result of his own
actions, his own building without a permit. And as far as the requirements of
a written petition, there is six factors and it has meet all six, and right
here we have the Planning Department's recommendation of a denial and the fact
that there are none of those six factors met in this petition. He has no
showing of hardship and he has made no other showing that would entitle him to
this variance, so it is a simple matter that the Commission can either abide
by, or listen to, what this man who is selling the house and moving out wants
to do, or it can listen to the Zoning Board, the Planning Commission, the
neighborhood, follow the law. We ask that you follow the law, deny the
petition, and have him tear it down. Thank you very much.
Mayor Suarez: OK, who else do we hear from?
Mr. Gruber: Mr. Mayor, if I may point out a point of correction. Those three
boards to which he refers, has been there, we assume, since 1940, but
certainly since 1977, when my client bought the place.
Ms. Kathy Galgano: Kathy Galgano, 580 NE 52 Terrace, president, Morningside
Civic Association, just to reiterate, I gave you all last time definitions of
variances and when they are allowed and when they are not, that probably still
stands. I ask you again to support the law, to deny the variance and also not
to hold the community, the neighborhood culpable because ten years back we
219 November 17, 1988
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P
didn't do something about this, We find it interesting that we are being put
on the defensive, that we did not start checking for permits ten years back.
Again, I ask you please support the request and deny the variance.
Mayor Suarez: Anything further from the opponents?
Mr. Brooker: Top, Mr. Mayor, not to belabor the argument, but I did want to
point out, here's an article in The Miami Herald, Thursday, December 10, 1981.
"Morningaide neighbors get City to order yard cleanup." In that case, an
illegal second dwelling was ordered to be torn down by the City, at the
Instigation of the neighborhood. We have become more active in the last three
years, because of the historic status and the fact that many people have been
moving in, refurbishing their homes and we have a strong neighborhood that
cares about itself as a neighborhood and it is trying to protect itself
against illegal encroachment.
Mr. Gruber: If I may, I have already explained to you the Heritage
Conservation Board voted five to one, I mean you can see by the photographs it
doesn't affect the historic designation in the area in any way shape, or form,
number one. Number two, the three doors, as I mentioned before, that counsel
would like to show you as being evidence of renting, have preexisting my
client my client owning the premises. They are all on the first floor and
have been there for at least the last ten years and by the condition of the
door itself, my client tells me he believe even longer than that. Third, we
have to weigh something here. It is a scale that tips both ways. There is no
question that there was not a permit taken here. There is no question that my
client feels strongly about it, because he didn't think he did anything wrong,
other than hire a contractor who told him he would take care of building and
permitting and everything else. Ten years he lives there, maintains the
property in an exemplary fashion, nothing ever happens, now we are talking
about benefit. Benefit to him, as opposed to benefit to the neighborhood.
What is the benefit to the neighborhood if this is torn down after ten years?
It is in the rear of the property. There is a vacant lot behind it. It
doesn't encroach on anybody's property, it poses no serious hazard of any
manner and it allows him the opportunity to sell the property without having
an additional hardship. He has already spent $9,000 to get to this point of
spending an additional $20,000, approximately $19,000, if you want to pull
hairs, to tear it down. Where's the benefit of that? I recognize the need to
uphold the law; however there are circumstances under hardship that require a
closer look at situations like this. I think this is one of those times where
we need to look closely at it.
Mayor Suarez: OK, thank you.
Mr. Broeker: Three quick things. One, the City had to mow the lawn ,just
recently, just in the last couple of months and that is evidence of how well
he has been taking care of his property. The second thing is, he says the
Heritage Conservation Board voted five, one in his favor. That is correct,
they said, hey, this is not a historic structure because it is after 1940, so
that's not our issue...
Mr. Gruber: That's not what they said.
Mr. Broeker: ... they said, this is a zoning issue, go to the Zoning Board.
The Zoning Board voted eight to one. Third thing is, I'd ask the City Manager
if he could put his recommendation on record and then the last thing is Mary
Foehrenbach just had a couple of words she wanted to say.
Mayor Suarez: I thought we had heard from the opponents, but go ahead, Ma'am
and make a quick statement.
NOTE FOR THE RECORD: Commissioner De Yurre entered the meeting at
8:13 p.m.
Ms. Mary Foehrenbach: I'm Mary Foehrenbach. I lived at 655 HE 55 Terrace for
22 years. I have been a volunteer in the neighborhood, gone door to door for
220 November 17, 1988
AZ 4
various things. One, w*R planting trees, another was come to meetings. things
like that for the civic association. Every time I have been to the door of
this house, a different person answered. I have never met this owner. I did
not know he was the owner. The person who answered *]ways told me they were
renting the house. I know one man, I am still in contact with John Marque.
lie sent his children to Cushman School and he contacted me regarding those
things. The house was rented up til two years ago, I mean, that was the last
time I went to the door, and there was a renter in the house. Atthat point,
there was a four by six billboard sign outside the house, "fish for sale." I
stopped and asked them if they had an occupational license and a permit from
the Health Department to sell fresh fish. They said, no they were trying to
sell it to make the money to pay their rent. I told them it was illegal, I
was going horde to call the Health Department, which I did. So this house has
brought in a lot of money to the owner. I don't know whether they had
homestead exemption during this...
Mayor Suarez: Well, we don't know if he sold too many fish out there, I don't
know if he paid the rent.
Ms. Foehrenbach: No, but at least they paid the rent, so you know, I don't
think... there is something...
Mayor Suarez: Anyhow renting the home per se does not affect any of this,
does it?
Ms. Foehrenbach: No, but we have worked so hard for the historic district and
to keep it a single family residential neighborhood. Those of us who want to
stay in the City of Miami, I think you should go along and make all of us obey
the law.
Mayor Suarez: OK, thank you for your statement. I don't think we need... the
recommendation from the Planning is included in our packet.
Mr. Odio: We recommend denial. There is no hardship to justify the requested
variance as the second story addition to the single family residence was built
without the benefit of a building permit. The proper rear yard setback should
have been provided. Granting the variance requested would confer on the
petitioner a special privilege, that is denied by zoning ordinance 9500 to
other residents in the same zoning district.
Mrs. Kennedy: I am going to make a motion to...
Mr. Gruber: Before you do, Commissioner, the one thing I'd like to make this
panel aware of, this Commission aware of is that at Zoning, my client
volunteered a covenant to run with the land that it would be placed physically
in such a manner that it could only be a single family unit.
Mayor Suarez: OK, thank you. Now, Vice Mayor.
Mrs. Kennedy: I'm ready to make a motion to deny.
Mayor Suarez: Moved to deny.
Mr. De Yurre: Second.
Mayor Suarez: Seconded. Any discussion? Commissioner Dawkins.
Mr. Dawkins: You know, every time we seem to side with the residents, we get
a signal that is mixed. When we allowed the Belle Meade homeowners to put up
barricades, they said we were allowing them to put up because they wanted to
keep black people out of the area, that was not a fact. Then, when we went
over to Morningside and we attempted to do something in Morningside, again
they said that Morningside wanted to keep the area black and when you go in
there, you find that it is about half and half. Now, you say that this area
would not sell the apartment to a black, and yet I am sure that there are more
than one black family in this area. So you know, to make the allegation does
more harm than good, unless you can prove it. Now, so I think that if no
blacks live in that area, then your statement may have a little validity. But
the fact that there are blacks over there, I mean, it doesn't lend any
substance, in my opinion, to your statement that it was pulled because it was
sold to blacks. Now secondly, if the owner wanted to maintain the property as
a home, then you could perhaps get some consideration from me, you know, that
it's a home, what have you.
221 November 17, 1988
i l�
Mr. Gruber: He can't.
Mr. Dawkins: But even so, wait let me tell you, yes, he can. I was a merchant
seaman for 18 years, OK? I know about going to sea, OK? I built my house in
1963 from sea and every year you get 30 days home with pay. You can take all
the 30 days at one time or you can take them in 15 day lots, so I've split
mine up every fifteen days to come home to check on my house when I built it,
so it can be done, OK?
Mr. Gruber: I thought you were talking about living.
Mr. Dawkins: OK, now, if he lived there, he has to have a land home
someplace, he doesn't stay at sea 365 days a year every year, he has to...
Mr. Gruber: He is private, he is not merchant marine and there are times that
he is gone for over a year.
Mayor Suarez: We've heard from both sides and now I want to hear from the
Commission and get this matter resolved. —
Mr. Dawkins: OK, now, I would be remiss if I were to sit here and allow this
to go and then let him sell it to somebody else with the violation, so I would
have to vote with the motion.
Mayor Suarez: OK, anything further? We have a motion and a second. I just
want to make mention of the fact that I was particularly gratified to hear
that the last three years things have gotten more active in Morningside
because that coincided with our election and the pledge that we made in 1985
to begin to do something about areas of the City that wanted to secede because
they were so upset and that's my inaugural speech in 1985 so, I think you
didn't pick the three years because of that, you have become more active
because we've become more responsive, and because you have more time and more
organization and more support in the Commission and I am sure that the
Commissioners who were here all along had been wanting to get, so I am going
to vote no for that reason. Call the roll.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 88-1132
A MOTION TO DENY APPEAL FROM ALBERT HERGERT, AND
THEREBY UPHOLDING THE DECISION OF THE ZONING BOARD
WHICH DENIED PERMISSION FOR EXISTING SECOND -STORY
ADDITION AT 465 NE 55 TERRACE.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: The hardship was self-imposed, I vote yes to deny.
Mr. Mayor: I vote to deny, I vote yes.
222 November 17, 1988
ffi
80. SHELTER TO NICARAGUANS: lease of City property
Mrs. Kennedy: Mr. Mayor, before I leave, may I bring up something real quick?
Mayor Suarez: Commissioner, you had an item that you had to do before you
leave?
Mrs. Kennedy: Tea, the County Commission proposed and passed a resolution on
November the 1st of this year that allocated $300,000 to repair and remodel
the shelter to be used for Nicaraguans. The property belongs to the City but
there is a deed restriction that says that it can only be used for a sports
related facility. So, what I would like to do and propose tonight is the
County lift this restriction, that the County lease the land from the City for
as long as the Nicaraguans want to live there or as long as we say so, and ask
the City Manager to negotiate the lease agreement and then come back to this
Commission for final approval. Right, for $1.00 a year. And I so move.
Mr. Dawkins: Second.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Moved and seconded. Any discussion on the record or off the
record or...
Mr. Dawkins: Call the roll.
Mr. Plummer: Mr. Mayor, hold on...
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: ... you know, I got - I'm sorry, I guess I'm bothered by this
and maybe I'm old and traditional and...
Mr. Dawkins: You are all of that. Yes, you, that's a true, that's a fact.
Mr. Plummer: ... but, you know, I have to be, if nothing more, I have to put
an area of concern on the record. And that concern is, charity starts at home
and you take care of your own people first. Now, I don't have anything
against the Nicaraguans and there can be something provided for them or any
other group, but when this City is giving something away, and I'm assuming the
Manager's speaking about a rental of $1.00 a year, that's giving something
away. Well, excuse me, the point I'm trying to make, you know, this
Commission is besieged, even though it's not our problem or our fault or
funded, with the homeless of Americans. And I guess I'm just very, very
concerned that our people, our local people, are out on the streets and we're
not addressing that first.
(Applause)
Mr. Pituamer: I - please, no, don't do that, because I feel for both sides, I
want to say that. But I just got the problem and I had to put it on the
record that I would hope that the Manager would do just as much to try to
assist the people here as he is doing to assist these other people who I feel
just as sorry for, but I don't think we can accommodate everybody.
Mrs. Kennedy: Let me just address a point that you said and I understand what
you're saying about the homeless. As you know, you all appointed me to head
up...
Mr. Plummer: And, Rosario, let me put on the record, this is no detriment to
you, God knows you have worked very hard on the homeless.
Mrs. Kennedy: Right, and you have all asked me to head up a task force. We
need shelters, the Nicaraguans are going to be homeless and they are going to
be Americans.
Mr. Plummer: I understand that, I understand that. So, in effect, what we're
doing now is...
223 November 17, 1988
z
s
Mr. Odio: Well, see, the property is on...
Mr. Dawkins: What property? I mean, I miss...
Mr. Odio: Beckham Hall, Beckham.
Mr. Dawkins: Hmmm?
Mrs. Kennedy: Beckham Hall.
Mr. Odio: Beckham, that's the...
Mr. Plummer: On 28th Street?
Mrs. Kennedy: It's right next to the Bobby Maduro stadium.
Mr. Odio: The building next... behind the parking lot on Miami Stadium.
Mr. Plummer: It's 28th Street.
Mr. Odio: Twenty-eighth Street. Those buildings were deeded to us, as you
explained with a restriction, and...
Mr. Plummer: And what was the restriction?
Mr. Odio: That it could only be used for a sport related facilities.
Mrs. Kennedy: Sports related facility.
Mr. Dawkins: Be used for what?
Mr. Odio: Sports related facility.
Mrs. Kennedy: Sports related facilities.
Mr. Odio: We have not been able...
Mr. Dawkins: Beckham Hall?
Mr. Odio: Yes, sir.
Mr. Dawkins: Well, why did you use it for a youth hall?
Mr. Odio: Because we have never...
Mr. Dawkins: No, no, no. If it was deeded to be used only for a sports
facility, you used it for a youth hall.
Mr. Odio: When we took, if we took the property...
Mr. Plummer: No, no, no. That was prior. Youth hall was prior before it was
deeded to us.
Mr. Dawkins: Oh, OK.
Mr. Odio: That's correct.
Mr. Plummer: That's with Beckham Hall and then it became....
Mr. Odio: We have - let me explain, Commissioner. We let them continue...
Mr. Dawkins: Then you used it as a work furlough place.
Mr. Plummer: Well, no, they also used it for a woman's detention center for a
while.
Mr. Odio: We never took the property, we never possessed it because we didn't
need the property for the stadium. So we can let them continue with the youth
hall there which was providing a good public service. That's the reason,
Commissioner.
224 November 17, 1988
12 A
Mr. Dawkins: OK.
Mr. Odio: Now, now they come and said, well, the County Commission decided to
spend $300,000 in that building. It wasn't our decision and to be used for a
shelter for Nicaraguans. In order for them to use it...
Mr. Dawkins: God bless their generous heart. They not only got my jail for a
dollar a year, now they're going to spend $300,000 to get another piece of
property for nothing.
Mr. Odio: But, if we need the property for what we...
Mrs. Kennedy: We can take it back.
Mr. Odio: ... for what we want to use it. For the stadium, for instance, we
can take it back at any time.
Mr. Plummer: Are you proposing to put a 30-day revocable permit?
Mr. Odio: Sure, sure you can do that. This is a temporary...
Mayor Suarez: Build in that provision on 30 days for revocation.
Mr. Odio: Sure.
Mr. Dawkins: No.
Mayor Suarez: OK, with that provision...
Mr. Odio: As part of the lease.
Mr. Plummer: Excuse me?
Mr. Odio: Put that in the lease agreement. But the County wanted us to lease
it to the Nicaraguans. Let me explain, because maybe...
Mayor Suarez: At your own risk.
Mr. Odio: I didn't want to do that.
Mayor Suarez: At 8:27.
Mr. Odio: Well, you need to know this one because - and I told the County I'd
rather lease it to you and you go ahead and do whatever you want so that we
don't have the responsibility for the operation or maintenance of the facility -
while it's being used for that purpose.
Mayor Suarez: That's one other gesture by which we clarify that the principle
responsibility for these kinds of social services rests with the County.
Mr. Odio: It's over there.
Mr. De Yurre: Well, then, who are we leasing it to now, the County?
Mr. Plummer: Yes, who...
Mr. Odio: Lease it to the County.
Mrs. Kennedy: To the County.
Mr. De Yurre: How many beds would we have there? How much space do we have
there?
Mr. Odio: A revocable permit.
Mrs. Kennedy: About 200.
UNIDENTIFIED SPEAKER: A hundred and twenty.
Mrs. Kennedy: OK.
Mr. De Yurre: A 120?
225 November 17, 1988
i
r
Mr. Odio: Yes.
Mr. De Yurre: And are there that many Nicaraguans?
Mr. Odio: There are more than that...
Mr. Plummer: Oh, God...
Mr. De Yurre: If we got more than that. that Mould be in that location.
Mr. Odio: They can fit 120, but the need is for more.
Mr. De Yurre: No, in the City of Miami, I'm not saying now they're going to
start coming from Little Managua downtown.
Mr. Odio: No, no, no, I mean in the City of Miami.
Mrs. Kennedy: In the City of Miami.
Mr. De Yurre: Right now. OK.
Mr. Plummer: Is that going to be open only to Nicaraguans?
Mr. Odio: My understanding that the resolution was passed by the County, that
It was. Because, see, the Nicaraguans right now are in a shelter that the
City has ordered closed because they do not meet the code requirement.
Mrs. Kennedy: They are sleeping on mattresses on the floors, they are
sleeping on the porch, there are ten children that are sick because of all the
fumes from the cars and all the dust that you get from sleeping on the porch,
which is like sleeping out on the streets.
Mr. De Yurre: Is this going to be a 30-day revocable permit type of thing?
Mr. Odio: Yes, sir. Yes, sir.
Mayor Suarez: We have a motion and a second, with those modifications. Any
further discussion?
Mr. Odio: Please make it subject to that. The County has to lift the deed
restriction or we do not do anything.
Mrs. Kennedy: Well, absolutely, that's what I stated and that's...
Mayor Suarez: Subject to the County removing the deed restriction.
Mrs. Kennedy: That's the intent of the motion, yes.
Mayor Suarez: Call the roll.
Mr. Dawkins: And who's going to maintain it?
Mr. Odio: They have to, it's a re...
Mrs. Kennedy: They will, they will, it's very clear that the City of Miami
will not.
Mr. Dawkins: All right, well put it all in writing.
Mr. Odio: That's why we have... see why I did that, they want...
Mrs. Kennedy: It will be put in writing.
Mr. Dawkins: Put it all in writing and the minute that the County does not
fulfill its obligation, the place is automatically vacated.
Mrs. Kennedy: Correct.
Mayor Suarez: Call the roll.
226 November 17, 1988
4
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 88-1133
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
NEGOTIATE A PROPOSED 30 DAY REVOCABLE PERMIT FOR LEASE
OF CITY -OWNED PROPERTY TO METROPOLITAN DADE COUNTY FOR
USE AS A SHELTER TO NICARAGUANS, SUBJECT TO THE
COUNTY'S REMOVAL OF ALL DEED RESTRICTIONS AND PROPERLY
MAINTAINING SAID FACILITY; FURTHER STIPULATING THAT IF
THE COUNTY FAILS TO FULFILL ITS DUTIES UNDER SAID
NEGOTIATED AGREEMENT, THEN SAID PROPERTY SHALL REVERT
BACK TO THE CITY.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
ATES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Dawkins: There's a gentleman here who wanted a bus...
Mr. Plummer: I'll vote yes and maybe it's temporary and will be used for
other homeless in the near future.
Mayor Suarez: Yes, and I'm glad that we are now beginning to agree that the
City should be doing something about the homeless, even if...
COMMENTS MADE FOLLOWING ROLL CALL:
Mr. Dawkins: I don't agree to that. That's why I didn't... I don't agree to
that. OK?
Mayor Suarez: Well, I'm thinking of the one here on my left if not...
Mr. Dawkins: Oh, OK. Because, see, we're going to... and I guarantee you in
three weeks, it'll be overcrowded and what you going to do? You see, that's
why I don't want to get involved. In three weeks that's going to be
overcrowded and you will got - and what you going to come up with next? You
see...
Mrs. Kennedy: That is true, but they also will get integrated in the system.
At the other shelter they had even, at one point, 80 people sleeping on the
floors and now there are only twenty-seven.
Mr. Dawkins: Yes, but... All I'm saying to you, Commissioner, is that we
have, just like Commissioner De Yurre alluded to, he didn't say it. I'll say
it. It's more than 200 Nicaraguans to be served...
Mr. Plummer: It's 200 a day coming in.
Mr. Dawkins: Then when - so when we make facilities for 200 you're putting up
a band -aid on a open wound and, but, I have to go along with Commissioner
Kennedy because she's making an effort to address the iasue. That's something
that none of us has done. But it's just saying to everybody that, hey, look,
if you are from anywhere else and you're up north freezing, come to Miami
because you've got it made.
227 November 17, 1988
81. SURFLUS SCHOOL BUS DONATION TO HONDURAS discussion (Pee label 65)
Mr. Dawkins: All right, there is a gentlemen here from Honduras who wants a
bus.
Mr. Odio: He is not here, Commissioner, but it is a bus to Honduras, to the
government and we do have a surplus bus.
Mr. Dawkins: You don't have, I have.
Mr. Odio: I mean it's in your list.
Mr. Dawkins: Thank you, OK. This morning when I asked that we get some
surplus equipment for Haiti, on the list is a school bus, a 174 yellow
Chevrolet school bus and if it is the will of this Commission, I would move
that the school bus be taken from this list and made available to the
Hondurans.
Mr. Plummer: Who? The only problem I want to raise, you know, we've been
talking to Honduras about forming a Sister City group. There was a policy
before this Commission, whether we accept it or not, that all surplus
equipment before offered even to sale to the general public would be offered
to... well, the only thing I am saying is, is that surplus equipment was to be
offered to Sister Cities as an incentive for the program. I have no problem
with this situation. You know what City it is going to?
Mr. Odio: Tegucigalpa. I'm not sure I can find out for you...
Mr. Dawkins: Let hold off on this until we can get the representative here to
tell us what it is.
Mayor Suarez: OK.
82. SETTLEMENT: Pierrette Cochran $32.000.
Mayor Suarez: Now, which are the items that we have pending is not a totally
City item that we should take up, which we are going to try to finish up
quickly? We've lost one Commissioner.
Mr. Fernandez: Mr. Mayor, there is an item, recommendation for settlement
that's...
Mayor Suarez: Oh, yes, you are recommending the settlement of $32,000 in the
case of...
Mr. Plummer: What item is that?
Mr. Fernandez: This is an item that was delivered to each of your offices
because the settlement was arrived at a time subsequent to the deadline for
the making it to the agenda. On November loth, I wrote each of you a memo,
giving you the details of this settlement.
Mayor Suarez: And it is $7,000 more than what you would be able to do
automatically by just giving us notice and then actually, you have authority
to go up to twenty-five, $7,000 more. You are saying that if we don't approve
it, we might lose the settlement?
Mr. Fernandez: Exactly. And it is in the best interest of the City. It's
discussed with the City Manager and he concurs.
Mayor Suarez: What's the title of the case? Who is the plaintiff?
Mr. Fernandez: It is the case of Pierrette Cochran versus the City of Miami.
228
November 17, 1988
v
t
Mayor Suarez: Former City employee?
Mr. Fernandez: Teo.
Mr. Plummer: Move it, on the recommendation of the City Attorney.
Mr. Dawkins: Second.
Mayor Suarez: Seconded on the recommendation, call the roll..
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-1134
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO
PIERRETTE COCHRAN, WITHOUT ADMISSION OF LIABILITY, THE SUM
OF $32,000.000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND
ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE
EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM
ANY AND ALL CLAIMS AND DEMANDS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
ATES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Rosario Kennedy
83. REMOVAL OF EIGHT BLACK OLIVE TREES: continue consideration of MIRACLE
CENTER, traffic light on Coral Way.
Mayor Suarez: PZ-26 I guess is the next item. We'll try to go through these.
Mr. Joe McManus: Mr. Mayor and members of the Commission, this item PZ-26 is
an appeal by the Planning Department of a Heritage Conservation Board decision
to allow the developers at Miracle Center, located at Coral Way and SW 33rd
Avenue, to essentially reconstruct the southern lanes of Coral Way for a
stretch of about 1,200 feet and to remove approximately nine black olive
trees, thereby reducing the awale area on the south side of Coral Way.
Planning Department opposed this, is appealing this decision of the Heritage
Conservation Board for the following reasons. First of all, not only is Coral
Way a scenic transportation corridor per City of Miami ordinances, but it is
also a State historically designated highway. And for a State historically
designated highway to entertain traffic improvement such as this, it has to
pass two tests. Improvement must be necessary by reason of public healthy and
safety; secondly, there must be no alternative means available to satisfy the
health and safety issue. We believe first of all that the contention hidden
by the applicant is, that the City has required the right in the median, in
its development order approximately two years ago. I'd like to point out that
the traffic study offered by the developer two years ago pointed out the
problem and it's taken them now two years during which time their project has
been under construction to finally bring this issue out, the fact that there
is a disagreement. The developers contended that access to the project is
only to 33rd Avenue. I'd like to point out that there is alternative means
of access to the site at approximately 34th Avenue. Thirdly, there is the
possibility of going into "U" turns on Coral Way because of the wide ovals
area and crossing from east bound Coral Way to west bound at approximately
four points along the median. You don't necessarily have to be constrained to
cross at the break there at 33rd Avenue.
229 November 17, 1988
4
Mr. Plummer: That alternative in my book is definitely out, where you would
allow •U' turns on Coral Way. T hnt's out in my book.
Mr. McManus: The fifth and sixth points are intertwined here. First of all, _
we think that the peak direction of flow into the project. during the times it
is undergoing its peak utilization, because it is essentially on entertainment
center, will be after the typical peak hours, therefore we think that you can
access the project without interfering with the predominant flows of traffic.
The seventh point is that the peak hours of the project are generally going to
be later than the peak hours of traffic flow on Coral Way. You realize of
course, Coral Way has very heavy traffic flows from five to six. We
anticipate that the peak hours of traffic in this project would be after that.
We can point out that the Swale area in the south side of the project is
significantly reduced for approximately a length of about 1,200 feet, you can
see the difference here. The upper cross section shows the full Sidewalk on
the right, with the existing two lanes. After, with the widened provisions
for the left turn, two moving lanes, the sidewalk area from the edge of the
curb to the building face is about seven feet, significant reductions. The
next point is we think that the stores on the south side, because of the re -
engineering of approximately 1,200 feet on the south side of Coral Way might
have the possibility of losing their existing curb cuts, because the State
FDOT would probably not allow the existing continuation of existing curb cuts,
but probably move to restrict curb cuts. The next point is, this establishes
a precedent. It opens the way for future developers to come in and ask for
the same kind of consideration by the City of Miami, and lastly, we're
suggesting that FDOT, the Florida Department Transportation, look at their
historically designated highways and come up with different engineering
criteria to recognize the fact that these historic highways should be treated
differently than the average arterial road. Those historic highways in the
City of Miami of course include Calle Ocho and South Bayshore Drive. Thank
you.
Mr. Guillermo Olmedillo: May I ask Lt. Joe Longueira from the Police
Department, we had a conversation and he would like to add something to the
presentation and then Jim Kay from Public Works.
Lt. Joe Longueirs: When this project was brought to the, I think it was the
large scale development committee, the question of the left hand turn lane was
brought up specifically by us and we were asked, and we asked their traffic
people, could that be constructed in the center area without impacting on the
trees and they said yes. At the time, there was no discussion about rerouting
that lane to the right, OK, to the outside swale. They assured us that
everything could be done in the intersection in the median, OK, and that was
like they said, two years ago and now they are trying to come back now and
divert, actually, they are diverting the flow of the street against what they
told us two years ago.
Mr. Jim Kay: Mr. Mayor and members of the Commission, Jim Kay, for record,
Public Works. I'll try to be brief, if I can. The department was not asked
to comment at the first HC meeting, so much of this information is new. What
actually is happening here on Coral Way is that one of the existing traveled
lanes on the south side...
Mayor Suarez: Why didn't we know that any of this was going to happen when we
approved... this project was approved by the Commission, it was not approved
as to any rezoning or anything. I didn't contemplate that Coral Way was going
to have to be changed in any way to accommodate this project.
Mr. Olmedillo: This was a proposal brought by the developer recently, sir.
Mayor Suarez: This is the same developer that showed us these beautiful
renderings of this spectacular space age clouds that now are just painting on
a block building? I mean, I thought Bernardo would come up with some
incredible design for something real spectacular. Every time I look over
there, it looks just like a parking lot with some things painted on the side.
Why would we contemplate doing this to Coral Way at all? Was it a policy
decision of the Commission that we were going to change Coral Way in this
fashion and make it a five lane highway?
Mr. Olmedillo: No, and as you know, Administration is opposing and this is
why we bring it before you, because the Heritage Conservation Board has
230 November 17, 1988
accepted the proposal of the developer to do away with the ewale area and as
you stated at no time before this, we were aware of...
Mayor Suarez: Do away with the swsle7 What art you talking about7
Mr. Kay: What In happening is that the two through driving lanes were being
shifted to the south, eliminating the parkway area where you see the trees and
existing curb and gutter.
Mayor Suarez: Who is doing that?
Mr. Kay: The developer, I presume, will have to do that.
Mayor Suarez: Why?
Mr. Kay: The City wouldn't have to do that.
Mr. Kay: To accommodate a left -turn bay here without touching the existing
median where the banyan trees are.
Mr. Odio: Mr. Mayor, they want to do that. We are recommending against this.
We just want to leave it as...
Mayor Suarez: I mean, it sounds like we allowed a project to be built in an
area that cannot accommodate the traffic which was necessary for that project
and now we are going to change the whole structure of the street?
Mr. Odio: What they propose, we are opposing there.
Mr. Plummer: Wait a minute, let me ask this question. In reference to the
order for a traffic light? Was that proffered by the developer, was it
required by the Regional Planning Council, or this City Commission?
Mr. McManus: This was a major use permit, it never went to the Regional
Planning Council. And we and the developer worked together to specify the
traffic light, because based on their traffic study, you said that was the
only means for getting access on 33rd and Coral Way.
Mr. Plummer: Well, all right then, were you of the impression at that time,
whoever made that decision, that a turning lane was not required.
Mr. McManus: That's correct.
Mr. Plummer: And now you are saying that the County will not put in the
traffic light without a turning lane.
Mr. McManus: That's correct.
Mr. Plummer: So, they are not as guilty as it really sounds. They agreed to
put in at their expense the traffic light, yet now, they can't do it without
the extra lane and they can't... they are stymied) They are stymied. They
can't get, I assume, a CO, without the traffic light and to get the traffic
light, they've got...
Mayor Suarez: Wait, but by whose conditions?
Mr. Plummer: Ouraf
Mr. Olmedillo: If I may, Mr. Commissioner, and Lt. Longueira is reminding me
of this, and he put it on the record, the Police Department brought this issue
before to the developer and the question was specifically asked, can you
accommodate for a left turn lane, because they were concerned about the
traffic, without disturbing the trees, the median trees and the statement was
that yes, it could be done.
Mr. Plummer: And this how they can do it. This is the only way it can be
done. Is there another way?
Lt. Longueira: Commissioner, at the time that was brought up, they said they
could construct those left turn lanes in the median area. They said that back
at the large scale development committee meeting, that they could do it in the
median, you know, in the center part, without impacting on the trees there.
231 November 17, 1988
E
They agreed to that. They didn't say we could do it, but we are going to have
to go to the right ewsle, you know, to the right curb line...
Mr. FIumsner: Is there adequate room there today to put the turning Iane in
the median without affecting the trees?
Lt. Longueira: I can't answer that. They advised us at the time that that
could be done.
Mayor Suarez: Well now, a traffic light might make sense because it would
allow people to come out of 33rd Avenue.
Mr. Plummer: But they won't give the traffic light unless they have a left
turn lane. That's where the check mate is.
Mayor Suarez: On Coral Way.
Lt. Longueira: Mayor, the big thing...
Mayor Suarez: Wait a minute, wait a minute, on Coral Way you are talking
about.
Mr. Plummer: Yes.
Mayor Suarez: But wouldn't the traffic light least serve the purpose of
people coming out of 33rd Avenue, being able themselves to take a left onto
Coral Way?
Lt. Longueira: Yes.
Mr. Plummer: A left on Coral Way, but not a right.
Lt. Longueira: The reason it was needed because that was the main entrance
for that whole development on 33rd Avenue and we were concerned about the
east -bound traffic, trying to turn in there, because it is the main entrance.
Mayor Suarez: Well, they are just not allowed to do it. I mean, they come all
the way around. They could do it anyway they want, just so they end up on
Coral Way going west and they could take a right turn right into the project.
Mr. Plummer: I think we are missing a point here. The point is, they are
required to put in the light to get a CO, correct? That was part of the
development order. OK, they are saying that the State will not allow them to
put in a light without a left -turn lane and you're saying that they don't need
it, they can't do it, and they can't get a CO.
Mayor Suarez: The State will not allow them to have a traffic light that
would allow a left turn to be made from 33rd Avenue to Coral Way?
Mr. Plummer: That's correct.
Mr. Olmedillo: One simple solution would be to amend the development order
and take out the traffic light.
Mayor Suarez: Sure.
Mr. Dawkins: Say what?
Mr. Olmedillo: Eliminate the requirement for the traffic light. That's one
solution.
Mayor Suarez: I'm sure that the State would allow a traffic light that would
enable people to come out of 33rd Avenue onto Coral Way, knowing that there is
no way for them to take a left off of Coral Way to 33rd Avenue. There is no
solution to that without destroying that street.
Mr. Plummer: Well, there is really no need for that.
Mayor Suarez: Yes, well...
Mr. De Yurre: You fix that median in such a way that you can only make, come
onto going east on Coral Way. You can't make a left turn there and that
solves the flow problem.
■
232 November 17, 1988
Mayor Suarez: Counselor...
Me. Debbie Orshefsky: Mr. Mayor.
Mayor Suarez: What have to you MAY in defense of this entire project? And to
top it all off, they have these incredible construction managers over there,
and these people, when you are driving down the street, will come out and tell
you that you can't... you know, they stop you from driving. All of a sudden
they take an extra lane beyond the one they have already been given by us to
complete the construction. And the mess that they've made after we asked for
It to be cleaned up. None of it was resolved. The building doesn't look like
we thought it was going to look and now you want to change all of Coral Way.
This is you know... wowl
Mr. Plummer: Debbie is praying for a miracle for the Miracle Center.
Me. Orshefsky: Well, actually, I think when we can get some clarification of
the issue, my miracle will come forth and maybe we'll all get home in time for
War and Remembrance.
Mayor Suarez: What is the saving grace of this entire parking lot that
parking structure that is supposed to look like a building?
Ms. Orshefsky: First of all, for the record, my name is...
Mr. De Yurre: Let me ask... well, go ahead.
Ms. Orshefsky: ... Debbie Orshefsky, I am an attorney representing the
appellee, the developer of Miracle Center. My offices are at 1221 Brickell
Avenue.
Mr. De Yurre: OK, let me ask you this. It seems to be, based on the
reasoning behind not allowing the traffic light there, it is because of the
traffic flow and to make a left turn there, it would slow down the traffic, it
would pretty much clog it up. Have you approached...
Mr. Plummer: There is another big problem, and that is you imagine they're
having what, six theaters in there?
Ms. Orshefsky: Ten.
Mr. De Yurre: Ten.
Mr. Plummer: Ten, OK. When those people start flooding all out of there at
one time, people that want to go east on Coral Way are going to be as big a
problem as the people who are going east on Coral Way who want to make a left
turn in there.
Mayor Suarez: Not if there is a light in there allowed to go east on Coral
Way to take a left turn.
Mr. De Yurre: How do you...
Mr. Plummer: You can't have a light without a left turn lane, that's the
stalemate.
Mayor Suarez: I think you can, easy, just as long as it is specified that it
is only to come out of 33rd Avenue and not a light that will enable anyone to
take a left off of Coral Way. Anyhow...
Mr. Dawkins: Is this the last item?
Mr. De Yurre: Did you explore the fact of not having a left turn there?
Ms. Orshefsky: In terms of whether we could have the traffic signal?
Mr. De Yurre: Yes.
Ms. Orshefsky: That's correct, we have, and Mr. Stan Kahn, who a letter from
him is in your packet, he is here this evening, he is the director of
operations for FDOT in Miami. Mr. Kahn is here, you can ask him some
233 November 17, 1988
--N
questions about this and he can verify the position of FDOT, that with out a
left turn lane. They are not going to approve a traffic signal.
Manor Suarez: OK, keep saying, when you asy a left turn lane, would you say a
left turn lane on Coral Way, so we know what we are talking about.
Ms. Orshefsky: On Coral Way.
Mayor Suarez: Because I don't. think there would be any problem if people
could turn left with the traffic light from 33rd Avenue to Coral Way heading
east, that would not...
Ms. Orshefsky: Mr. Mayor, I'd like to slow us down just for a moment. David
Plummer is here, he is the transportation engineer on the project. His firm
designed the intersection. I'd like to have David walk through the different
operations and explain to you, the safety factor involved in the proposed
design that we have.
Mr. De Turre: I don't think that is the issue.
Mayor Suarez: But see, the threshold question is whether are willing to
change Coral Way's configuration totally like...
Me. Orshefsky: That is a discussion, quite frankly, that requires a
presentation that I did before the HC Board last month that took about an
hour.
Mayor Suarez: The HC Board?
Ms. Orshefsky: The Heritage Conservation Board.
Mayor Suarez: What does that have to do with anything? I mean, we are
talking about a main thoroughfare of the City of Miami that has a particular
character.
Mr. Plummer: No, Coral Way is historically designated.
Mr. Olmedillo: Scenic transportation corridor.
Mayor Suarez: Well, but on top of that, you know, you are talking about
changing this totally to five lanes, I mean, forget the historic conservation.
On top of it, you have to convince this Commission that we are going to make a
policy decision to widen this thing to five lanes on a project that was not _
supposed to create any of this kind of a problem for us. If we have a few
minutes, we'll hear from whomever you want, I don't think it is going to
convince anybody, but...
Ms. Orshefsky: If this matter requires before you more time than we can give
it this evening, then we would be more than happy to request a deferral.
Mayor Suarez: It sound like it is going to require until hell freezes over,
but...
Ms. Orshefsky: I do have a slide presentation that shows that the impact on
Coral Way is not as great as you may imagine and quite frankly, one aspect
that has not been addressed or identified by the Planning Department, was the
approval that was given by the HC Board, and they approved this project
subject to some very significant conditions, one of which is that the
developer install $20,000 worth of landscape material, and that $20,000 is
exclusive of the installation and design cost associated with it and that we
install that landscaping along portions of Coral Way, which I have slides of
that can show you that Coral Way, is many places, does not have the level of
landscaping that a historic corridor should and quite frankly, there are
barren areas of this corridor that no one has had the funds to improve. We
are prepared to do that as a mitigative measure for the impact we know you
view and the City staff has viewed, we are having on this area.
Mayor Suarez: Debbie, Coral Way is only thoroughfare in the City of Miami,
with the possible exception of Memorial Highway, I think 13th Avenue, that is
very nicely landscaped. Now, you know, the Heritage Conservation Board has
some ideas.
234 November 17, 1988`
Mr. Dawkins: What is staffs recommendation?
Mr. McManus: Staffs recommendation, we are appealing the decision of the
Heritage Conservation Board, we are opposing this proposal. We are appealing
the decision...
Mr. Dawkins: You are either for it or you are against iti
Mr. McManus: We are against this...
Mr. Dawkins: I mean, don't tell me you are for half of it... I mean, tell Mr.
Manager what we're saying.
Mr. Odio: We oppose it.
Mr. McManus: We oppose it.
Mr. Dawkins: Thank you, that's all.
Me. Orshefsky: Mr. Mayor, I would like to show you some of the slides that we
are talking about Coral Way.
Mr. Dawkins: See, I'm trying to cut through this. I'm with the
Administration, OK? That's my vote, and we can see the slides, hear anything
you want.
Mr. Odio: Well, the slides is one hour and thirty minutes.
Mr. Dawkins: I just wanted to know...
Ms. Orshefsky: That's correct.
Mr. Dawkins: No, no, but I just wanted her to know, here's one vote that's
with the Administration.
Mr. Odio: Yes, sir.
Mr. Dawkins: Now, if we got three more, now if the other three is in favor of
the project, let's hear it here so we can vote what it is. If it is not three
votes...
Mr. Plummer: The project is there. My question to staff is, understanding
your recommending to deny, what do you recommend as a solution?
Mr. Odio: I tell you what. Let me sit down with them and let's see if we can
find a solution that is not this one, and see if we can...
Mr. Dawkins: There is no solution. Build it like it is drawn and like it was
proposed.
Mr. Odio: Well, I mean because of the traffic light situation what Debbie
stated saying...
Mayor Suarez: You might also want to have a complete Commission, because the
way it is going tonight, you are not going to...
Mr. Odio: But 1 might be able to talk to the State and convince them that
they need a traffic light there without all this...
Mr. De Yurre: But you know, the thing is that there should have been studies
before they went ahead with it. They should have known this from the
beginning.
Mayor Suarez: I may have to look and talk to that DOT...
Mr. Odio: They represented...
Mr. Herbert Simon: Mr. Mayor, may I make a comment.
Mr. Dawkins: No, I'm going to make one. I move that this is serious, we do
not have a full Commission. I moved that this be put off until we have a full
Commission.
235 November 17, 1988
f-
Mayor Suarez: Herb, are you against this proposal, I take it, right?
Mr. Simon: I am against the proposal. I have the property that is most.
affected. We have the convenience store and photo shop...
Mayor Suarez: But whet I am saying is, procedurally, I mean, I know you were
here for a while tonight and all of that, but I have not heard anything that
might even conceivably lead me to change my mind that Coral Way should not be
disturbed at all as to the traffic flow that it has.
Mr. Simon: And you mean, sit down while I am ahead, is that right?
Mayor Suarez: Right, and they may be able to, and you are going to have to
come back, but it won't be your first time you've come back for another
hearing and you are going to have plenty of time to argue against any new
proposals. Maybe the Administration will come up with something that makes
sense and that DOT would approve.
Mr. Odio: Can we make it in January so that we have time to...
Ms. Orshefsky: You do have a 45-day requirement and we have an opening
coming up in January. I understand your December agenda is very heavy.
Mr. Odio: We don't have time in December, Commissioners. We have so many
with only one meeting, where right now...
Mr. Plummer: Well, what do you do, they can't get a C.O. to operate?
Mayor Suarez: We have try December, so we are going to have to put it over to
the December meeting.
Mr. Odio: Something's got to give.
Mr. Dawkins: We are going to have to move something and put it in its place.
Mayor Suarez: Yea, it is a very important thing. I know you have the opening
of something that doesn't look like I thought it was going to look. I don't
know, I have to...
Ms. Orshefsky: Please wait until it is finished. Give it some time. It is
kind of like a half baked cake.
Mayor Suarez: Those things only stick out like five inches off the wall
there. What happened to the beautiful clouds that were supposed to...
Ms. Orshefsky: We'll ask Bernardo to come to...
Mayor Suarez: Does that building have a top to it? It is just standing
there, flat like that.
Ms. Orshefsky: There is a phase II that hasn't been constructed yet and the
building is not finished.
Mayor Suarez: I knew I seen something different than a parking garage with
nice little blocks on...
Me. Orshefsky: There is an apartment tower that has not been constructed yet.
Mayor Suarez: Oh. Right now it just looks like it was shaved off at the top
and it looks like a parking garage, is what it looks like. OK, we have a
motion to continue until December... we always have dates in mind, and a
second. Call the roll.
236 November 17, 1988
The following motion was introduced by Commissioner Dawkins, who moved
Its adoption:
MOTION N0, 68-1135
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM NO.
PZ-26 (IN CONNECTION WITH THE REVIEW OF THE HERITAGE
CONSERVATION BOARD'S DECISION TO AUTHORIZE A
CERTIFICATE OF APPROVAL FOR THE REMOVAL OF EIGHT BLACK
OLIVE TREES ON THE SOUTH SIDE OF CORAL WAY AND SW 33RD
AVENUE) FOR A PULL COMMISSION; FURTHER INSTRUCTING THE
ADMINISTRATION TO BRING SAID ISSUE BACK AT THE CITY
COMMISSION MEETING SCHEDULED FOR DECEMBER 15, 1988.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote: -
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Rosario Kennedy
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: Move to defer?
Mayor Suarez: Continue until December 15th.
84. CONTINUE REMAINING ITEMS
Mayor Suarez: Do we need to take a motion on the other items that are
continued or not?
Mr. Plummer: I make a motion all remaining items be continued.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded.
Mr. De Yurre: Let's vote on this one now, the bus to Choluteca.
Mayor Suarez: OK, do we have the motion and second on continuance? Call the
roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-1136
A MOTION TO CONTINUE ALL REMAINING ITEMS NOT TAKEN UP
DURING TODAY'S AGENDA (PZ-27 THROUGH PZ-31 TO THE CITY
COMMISSION MEETING SCHEDULED FOR DECEMBER 15, 1988.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Rosario Kennedy
237 November 17, 1980
89. DECLARE SURPLUS SOS TO DONATE TO CHOLUTECA, HONDURAS (See label 81)
Mayor Suarezt OK, on the bus to Choluteca.
Mr. De Turret Too, Miller moves, I second.
Mayor Suaraz: Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-1137
A RESOLUTION DECLARING A SURPLUS 1974 CHEVROLET SOS AS
CATEGORY "A" STOCK AD DONATING THE SAME TO THE CITY OF
CHOLUTECA, HONDURAS AFTER THE ECECUTION OF APPROPRIATE
RELEASE DOCUMENTS.
(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 folloving vote:
AYES: Commissioner victor De Turret
Commissioner !filler J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ASSENT: vice Mayor Rosario Kennedy.
'17®iE BEING NO FURTHER EDSDMSS TO CMM SWORE THE CITT
COMMISSION, MM MEETXNG VAS ADJOURN AT 8:59 P.M.
ATTM:
Palter J. Possum
ASSISTANT CITT CIZRK
Xavier L. Suarez
N A T 0 R
!NCORP
238 November 17, 1948
�iiii
CITY OF MIAMI
DOCUMENT INDEX
IEEIMMM- NOVEMBER 17, 1988
DESIGNATE COMMITTEE OF ONE FOR DONATION
OF HEAVY SURPLUS EQUIPMENT TO HAITI.
88-1088
ZAMINCO FREEDOM TOWER, INC. AUTHORIZE
AND EXECUTE ISSUANCE OF A REVOCABLE
PERMIT FOR TEMPORARY LIGHTING STRUCTURE
TO ILUMINATE FREEDOM TOWER.
88-1089
EXPRESS CONCERN TO INSURANCE -
COMMISSIONER FOR INCREASE IN WORKER'S
COMPENSATION PREMIUMS.
88-1091
LYNN PADDOR, HAMMER CONSTRUCTION AND
PISTORINO AND ALAM; AUTHORIZE PAYMENT
OF $34,380.57 WITHOUT ADMISSION OF
LIABILITY AS FULL SETTLEMENT OF ANY
AND ALL CLAIMS AGAINST THE CITY.
88-1092
ALL FLORIDA WASTE PAPER COMPANY:
APPROVE SALE OF WASTE PAPER WITH SAID
COMPANY AND AUTHORIZE SAME AT PRICE AS
QUOTED IN DADE COUNTY BID NO. 128.
88-1093
ACCEPT BIDS: O.K. FEED STORE ($9,878)
AND P.O.GO HAY AND FEED ($26,801) FOR
FEED TO THE MOUNTED POLICE HORSES AND
K-9 UNIT DOGS AT POLICE DEPARTMENT.
88-1094
AMEND AGREEMENT WITH ROBERT D. CRUZ:
AUTHORIZE EXECUTION OF SAID AGREEMENT
FOR PROFESSIONAL PLANNING SERVICES IN
CONNECTION WITH MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN BY INCREASING
CONTRACT AMOUNT.
88-1095
ORANGE BOWL STADIUM PARKING: ESTABLISH
SPECIAL CHARGE FOR USE OF SAID LOTS FOR
SPECIAL EVENTS, AUTHORIZE MANAGER TO
EXECUTE THE SAME WITH EVENT SPONSORS
AND DIRECT MANAGER TO MAKE
RECOMMENDATIONS FOR PERMANENT
RATE/RAT ECHARGES FOR USE OF CITY
STADIUMS.
88-1096
BABY BOOMERS 10-K RACE: APPROVE USE OF
STREETS AND THOROUGHFARES IN COCONUT
GROVE FOR SAID RACE (DECEMBER 4, 1988).
88-1097
z
F a
DOCUMENT INDEX
THIRD ALLAPATTA14 FAIR: AUTHORIZE
CLOSURE OF STREETS, ESTABLISH A
PEDESTRIAN MALL AND AREA PROHIBITED
TO RETAIL PEDDLERS FOR SAID EVENT
(DECEMBER 8-11, 1988).
BORINQUEN HEALTH CLINIC'S DISABLED
PARKING PROGRAM: ALLOCATE $15,000. IN
SUPPORT OF SAID PROGRAM.
DECLARE ONE SURPLUS PATROL CAR AS
CATEGORY "A" SURPLUS STOCK: DONATE
SAID EQUIPMENT TO "ALL POLICE CHARITIES"
FOR USE IN ANNUAL POLICE CHARITY DEMO
DERBY AND STOCK SHIELD RACE.
ACCEPT BID: TREEMASTERS, INC. FOR
FURNISHING OF DEMOLITION SERVICES TO
THE DEPARTMENT OF BUILDING AND ZONING.
FEDERAL ENTERPRISES ZONE: AUTHORIZE A
PORTION OF CENTRAL MIAMI AS FEDERAL
ENTERPRISE ZONE AND COMMIT THE CITY TO
A COURSE OF ACTION IN CONNECTION WITH
SAME PURSUANT TO FEDERAL REGISTER CFR
PART 596, SUBJECT TO REMOVAL OF DODGE
AND WARSON ISLAND FROM SAID
DESIGNATION.
AUTHORIZE TERMINATION AGREEMENT WITH
WYNWOOD ELDERLY CENTER, INC. AND
AUTHORIZE EXECUTION OF NEW AGREEMENT
WITH HOLY CROSS DAY CARE CENTER,INC.
COMPUTERS EXPENDITURES: AUTHORIZE
$468,617. BY COMPUTERS FOR DECEMBER,
1988,
5-KILOMETERS RUN EVENT: GRANT REQUEST
TO REPRESENTATIVES OF "KIDS IN CRISIS"
FOR CLOSURE OF STREETS ON DECEMBER 15,
1988 TO HOLD SAID EVENT.
HUGHES, HUBBARD, AND REED (ATTORNEYS)
TO SERVE AS SPECIAL COUNSEL TO
DEPARTMENT OF OFF-STREET PARKING.
MICROCOMPUTERS FROM BURROUGHS (NOW
UNISYS) CORPORATION: APPROVE PURCHASE
WITH PROVISO COMPUTERS DEPARTMENT
COMPUTARIZE PERSONNEL DEPARTMENT.
FIREFIGHTERS AND POLICE OFFICERS
RETIREMENT TRUST: APPOINT CHARLIE
HALL.
z
PAAE - OF
RETWVAL CODE NO,
88-1098
88-1099
88-1100
88-1101
88-1102
88-1103
88-1106
88-1108
88-1110
88-1111
88-1112
DOCUMENT INDEX
• I DOCUMENT DEMMAMM I RE I VAL CODE NO.
FIREFIGHTERS AND POLICE OFFICERS
RETIREMENT TRUST: APPOINT AL GURDIAK. 88-1113
DOWNTOWN DEVELOPMENT AUTHORITY BOARD:
DOWNTOWN DEVELOPMENT AUTHORITY BOARD:
APPOINT ZAHID RAMLAWI AND HARVEY RUVIN. 88-1114
LOWER PRESS BOX AT ORANGE BOWL STADIUM:
RESTORATION OF FIRE DAMAGE.
88-1115
COCONUT GROVE ARTS FESTIVAL: CLOSE
STREETS, BEER PERMIT.
88-1117
SALVADOR DIAZ VERSON: AT JOSE
MARTI PARK (DONATION).
88-1120
APPROVE MODIFICATIONS TO WATERFRONT
CHARTER AMENDMENT: FOR RIVERFRONT TOWER
PROJECT, 1 S.E, 5TH STREET (CODINA
GROUP/BABCOCK COMPANIES).
88•-1131
SETTLEMENT: PIERRETTE COCHRAN $32,000.00.
88-1134
DECLARE SURPLUS BUS TO DONATE TO
CHOLUTECA, HONDURAS.
88-1137