HomeMy WebLinkAboutCC 1988-04-28 Minutes0
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OF MI MI
OF VTIN6 NEU ON APRIL 28, 1988
(PLANNING & ZONING)
PapA D !Y THE OFFICE OF THE CITY CLERK
CITY HALL
NATTY HIRAI
City Clerk
0
INDEX
NINUTES OF REGULAR MEETING
CITT COMMISSION OF NIANI, FLORIDA
APRIL 28, 1989
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ITEM
SUBJECT
LEGISLATION
PAGE
NO.
NO.
1
PRESENTATIONS, PROCLAMATIONS AND
PRESENTED
1
SPECIAL ITEMS
4/28/88
2.
ORGANIZE A LUNCHEON TO HONOR THE
M 88-367
1-2
JACKSON MEMORIAL HOSPITAL STAFF FOR
4/28/88
THEIR DEDICATION DURING RECENT
EMERGENCY SITUATIONS CONCERNING THE
SHOOTING OF POLICE OFFICERS.
3.
ESTABLISH $50,000 REWARD FOR
R 88-368
2-3
INFORMATION LEADING TO APPREHENSION AND
4/28/88
CONVICTION OF THOSE RESPONSIBLE FOR THE
SHOOTING OF POLICE OFFICER JAMES
HAYDEN.
4.
APPOINT JORGE L. FERNANDEZ AS CITY
R 88-369
4-8
ATTORNEY.
4/28/88
5.
A. DIRECT MANAGER TO BRING UP TO
M 88-370
8-29
$100,000 FUNDING FOR GREATER MIAMI
DISCUSSION
UNITED. B. MOVE CAREY TECHNICAL
4/28/88
INSTITUTE ALLOCATION TO ECONOMIC
DEVELOPMENT (SEE LABEL 7)
5.1
ALLOCATE $34,386 TO THE "CURE AIDS NOW
M 88-371
29-30
PROGRAM" TO BE USED EXCLUSIVELY FOR
4/28/88
THEIR MEALS PROGRAM (SEE LABEL 7).
5.2
ALLOCATE CARRYOVER BALANCE OF $25,000
M 88-372
30-41
TO ALLAPATTAH WYNWOOD COMMUNITY
4/28/88
DEVELOPMENT CENTER, INC.; FURTHER
ALLOCATE $25,000, IF AVAILABLE, TO
ALLAPATTAH DEVELOPMENT AUTHORITY (SEE
LABEL 7).
5.3
ALLOCATE $10,000 TO METRO-MIAMI PLAN
M 88-373
41-43
(MMAP) (SEE LABEL 7).
4/28/88
5.4
A. DISCUSSION OF REQUEST BY METHODIST
DISCUSION
43-45
COMMUNITY CENTER. B. PLACE "CENTEO
M 88-374
HATER" ON A PRIORITY LIST FOR POSSIBLE
4/28/88
FUTURE ALLOCATION OF FUNDS - ASSIGN
SECOND POSITION (SEE LABEL 7).
5.5
PLACE "SAN JUAN DE PUERTO RICO DAY CARE
M 88-375
46-48
CENTER" ON A PRIORITY LIST FOR POSSIBLE
4/28/88
FUTURE ALLOCATION OF FUNDS - ASSIGN
THIRD POSITION (SEE LABEL 7).
5.6
PLACE "THE USEFUL AGED, INC." ON A
M 88-376
48-49
PRIORITY LIST FOR POSSIBLE FUTURE
4/28/88
ALLOCATION OF FUNDS - ASSIGN FOURTH
POSITION (SEE LABEL 7).
S.7
PLACE "DOUGLAS GARDEN SENIOR ADULT
M 88-377
49-51
HEALTH CENTER" ON A PRIORITY LIST FOR
4/28/88
POSSIBLE FUTURE ALLOCATION OF FUNDS -
ASSIGN FIFTH POSITION (SEE LABEL 7).
P
5.8
APPROVE RENTAL WAIVER FOR CATHOLIC
M 88-378
51-53
COMMUNITY AGENCY LITTLE HAVANA CHILD
4/28/88
CARE PROGRAM (SEE LABEL 7).
5.9
PLACE "NOTRE DAME DAY CARE CENTER" ON A
M 88-379
53-55
PRIORITY LIST FOR POSSIBLE FUTURE
4/28/88
ALLOCATION OF FUNDS - ASSIGN FIRST
POSITION (SEE LABEL 7).
5.10
PLACE "HOLY CROSS DAY CARE CENTER" ON A
M 88-380
56
PRIORITY LIST FOR POSSIBLE FUTURE
4/28/88
ALLOCATION OF FUNDS - ASSIGN SIXTH
POSITION (SEE LABEL 7).
5.11
REINSTITUTE CD FUNDING OF FOOD PROGRAMS
M 88-381
57-64
AT THE SAME LEVEL AS LAST YEAR (SEE
4/28/88
LABEL 7).
5.12
REDUCE TOTAL OF MIAMI CAPITAL LOAN FUND
M 88-382
64-69
BY $70,000 - INCREASE ADMINISTRATIVE
4/28/88
FUND IN THE SAME AMOUNT (SEE LABEL 7).
5.13
PLACE "FLAGAMI COMMUNITY CENTER" ON A
M 88-383
69-70
PRIORITY LIST FOR POSSIBLE FUTURE
4/28/88
ALLOCATION OF FUNDS - ASSIGN SEVENTH
POSITION (SEE LABEL 7).
6.
DISCUSSION AND TEMPORARY DEFERRAL OF
DISCUSSION
70-77
PROPOSED RESOLUTION AUTHORIZING MANAGER
4/28/88
TO APPROVE A RECOGNITION, NON -
DISTURBANCE AND REIMBURSEMENT AGREEMENT
BETWEEN MIAMI SPORTS AND EXHIBITION
AUTHORITY AND MIAMI HEAT LIMITED
PARTNERSHIP (SEE LABEL 8).
7.
AUTHORIZE SUBMITTAL OF A GRANT PROGRAM
R 88-384
78
FINAL STATEMENT TO USHUD FOR
4/28/88
$11,297,000 FOR THE PROPOSED COMMUNITY
DEVELOPMENT PROGRAM DURING 1988-1989
(SEE LABELS 5-5.13).
8.
APPROVE A RECOGNITION, NON -DISTURBANCE
R 88-385
79-80
AND REIMBURSEMENT AGREEMENT BETWEEN THE
4/28/88
MIAMI SPORTS AND EXHIBITION AUTHORITY
AND MIAMI HEAT LIMITED PARTNERSHIP
SUBJECT TO FULFILLMENT OF REQUEST BY
COMMISSION (SEE LABEL 6).
9.
BRIEF DISCUSSION AND CONTINUANCE TO MAY
DISCUSSION
80-82
12, 1988 OF CLASS C SPECIAL PERMIT FOR
4/28/88
A MIXED -USE PROJECT AT APPROXIMATELY
3151-3199 S.W. 27TH AVENUE, 2660
LINCOLN AVENUE AND 2699 TIGERTAIL
AVENUE.
10.
A. ALLOCATE $135,000 TO THE BAYFRONT
M 88-386
83-91
PARK MANAGEMENT TRUST - B. EMPLOY IRA
M 88-387
KATZ AS MANAGER OF BAYFRONT PARK.
4/28/88
11.
STRONGLY URGE METROPOLITAN DADE COUNTY
R 88 388
91-94
TO INCREASE ENFORCEMENT OF MINIMUM
4/28/88
HOUSING STANDARDS AND VACANT HOUSING
STRUCTURES !MINIMUM STANDARDS IN THE
CITY OF MIAMI.
at
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12. (A) SECOND READING ORDINANCE: REPEAL ORDINANCE 95-106
ORDINANCE 10273 AND SUBSTITUTE NEW 10426
CHAPTER 54.6 IMPOSING AN "IMPACT FEE" ORDINANCE
014 ADDITIONAL DEVELOPMENT IN ORDER TO 10427
FINANCE RELATED CAPITAL IMPROVEMENTS. 4/28/88
(B) EMERGENCY ORDINANCE: EXTEND
MORATORIUM ON IMPACT FEE FOR 30 DAYS.
13. SECOND READING ORDINANCE: ZONING ATLAS ORDINANCE 106-107
AMENDMENT TO REMOVE PEDESTRIAN STREET 10428
DESIGNATION FROM SPI-14 AT 4/26/86
APPROXIMATELY 800-899 SW 12TH AND 17TH
AVENUE.
14. SECOND READING ORDINANCE: AMEND CODE ORDINANCE 107
CHAPTER 62 (LATIN QUARTER REVIEW 10429
BOARD - AMENDING DEFINITIONS; 4/28/88
ESTABLISHMENT, MEMBERSHIP
QUALIFICATIONS, TERMS OF OFFICE,
REMOVAL TO MODIFY NUMBER OF ABSENCES,
ETC.
15. SECOND READING ORDINANCE: AMEND CODE ORDINANCE 108
CHAPTER 2 (ADMINISTRATION) - INCLUDE 10430
THE TITLE: LATIN QUARTER DISTRICT 4/28/88
DESIGN GUIDELINES AND STANDARDS,
ATTACHED AS EXHIBIT E.
16. SECOND READING ORDINANCE: ZONING TEXT ORDINANCE 109
AMENDMENT OF ARTICLE 15 (SPECIAL PUBLIC 10431
INTEREST DISTRICTS) - LATIN QUARTER 4/28/88
COMMERCIAL -RESIDENTIAL AND RESIDENTIAL
DISTRICTS, SPECIAL PERMITS, SPECIAL
CONSIDERATIONS ON PEDESTRIAN STREET
FRONTAGES.
17. SECOND READING ORDINANCE: AMEND CITY ORDINANCE 110
CODE ARTICLE II (COMPREHENSIVE 10432
PLANNING) - PURPOSE AND INTENT, 4/28/88
ESTABLISHMENT OF ADVISORY AND POLICY
BOARDS, ADMINISTRATION EFFECT AND
PREPARATION OF COMPREHENSIVE PLAN,
TYPES OF PLAN AMENDMENTS, APPLICATIONS
FOR PLAN AMENDMENT, PROCEDURES AND
RECOMMENDATIONS BY THE PLANNING
DEPARTMENT AND PLANNING ADVISORY BOARD,
ETC.
18. UPHOLD ZONING BOARD'S DECISION TO DENY R 88-389 111-113
VARIANCE AT 3044 NW 18TH TERRACE 4/28/88
(APPLICANT: JORGE CAMPOY).
19. DISCUSSION AND TEMPORARY DEFERRAL OF DISCUSSION 113-118
STREET CLOSURE AT APPROXIMATELY HE 2ND 4/28/88
COURT, NE 12TH STREET, NE 2ND AVENUE,
NE 13TH STREET AND BISCAYNE BOULEVARD -
"PAPPAS SUBDIVISION" (APPLICANTS:
SOUTHERLAND INVESTMENTS, INC. AND KEYES
REAL ESTATE DEVELOPMENT CORPORATION OF
AMERICA) (SEE LABEL 26).
20. APPROVE BISCAYNE VIEW APARTMENTS R 88-390 119-120
PROJECT MAJOR USE SPECIAL PERMIT FOR A 4/28/88
463 UNIT RENTAL APARTMENT PROJECT AND A
467 SPACE PARKING GARAGE AT
APPROXIMATELY 915 NW 1ST AVENUE.
21. AUTHORIZE OFFER OF JUDGMENT OF R 88-391 120-121
$2,856,001 IN EMINENT DOMAIN ACTION - 4/28/88
CITY OF MIAMI VS. FROHOCK.
ok
22.
FIRST READING ORDINANCE: ZONING ATLAS
ORDINANCE 121-126
AMENDMENT - CHANGE FROM RG-2/5 WITH AN
FIRST READING
SPI-3 OVERLAY TO RG-2/6 RETAINING THE
4/28/86
SPI-3 OVERLAY AT APPROXIMATELY 2765-
2855 TIGERTAIL AVENUE AND 3241-3299
MARY STREET (APPLICANT: CITY OF MIAMI).
23.
DISCUSS AND CONTINUE TO MAY 19TH CITY
DISCUSSION 126-127
COMMISSION MEETING REVIEW OF ZONING
4/28/88
BOARD'S DECISION TO DENY VARIANCE TO
PERMIT A 7-STORY RESIDENTIAL APARTMENT
BUILDING AT APPROXIMATELY 2815
TIGERTAIL AVENUE (APPLICANT: JAMES G.
ROBERTSON).
24.
FIRST READING ORDINANCE: AMEND MIAMI
ORDINANCE 127-128
COMPREHENSIVE NEIGHBORHOOD PLAN, AS
FIRST READING
AMENDED, BY CHANGING DESIGNATION OF
4/28/88
PROPERTY AT APPROXIMATELY 829-833 S.W.
29TH AVENUE AND 829 S.W. 28TH AVENUE
FROM MODERATE HIGH DENSITY RESIDENTIAL
TO COMMERCIAL -RESIDENTIAL (APPLICANT:
LAMAR, INC.).
25.
FIRST READING ORDINANCE: ZONING ATLAS
ORDINANCE 128-129
AMENDMENT FROM RG-2/5 TO CR-3/7 AT
FIRST READING
APPROXIMATELY 829-833 S.W. 29TH AVENUE
4/28/88
AND 829 S.W. 28TH AVENUE (APPLICANT:
LAMAR, INC.).
26.
VACATION AND CLOSURE OF N.E. 2ND COURT
R 88-392 129-130
BOUNDED BY N.E. 12TH AND 13TH STREETS,
4/28/88
N.E. 2ND AVENUE AND BISCAYNE
BOULEVARD - "PAPPAS SUBDIVISION"
(APPLICANTS: SOUTHERLAND INVESTMENTS,
INC. AND KEYES REAL ESTATE DEVELOPMENT
CORPORATION OF AMERICA) (SEE LABEL 19).
27.
FIRST READING ORDINANCE: AMEND MIAMI
ORDINANCE 131-134
COMPREHENSIVE NEIGHBORHOOD PLAN, AS
FIRST READING
AMENDED, BY CHANGING DESIGNATION OF
4/28/88
PROPERTY AT APPROXIMATELY 2551 S.W.
27TH LANE FROM LOW DENSITY RESIDENTIAL
TO RESIDENTIAL - OFFICE (APPLICANTS:
ANTONIO AND SARA GOMEZ-ORTEGA).
28.
FIRST READING ORDINANCE: ZONING ATLAS
ORDINANCE 135
AMENDMENT AT APPROXIMATELY 2551 S.W.
FIRST READING
27TH LANE FROM RS-2/2 TO RO-1/4
4/28/88
(APPLICANTS: ANTONIO AND SARA GOMEZ-
ORTEGA).
29.
REFER BACK TO PLANNING DEPARTMENT
M 88-393 136-145
PROPOSED FIRST READING ORDINANCES IN
4/28/88
CONNECTION WITH PROPOSED ZONING CHANGE
AT APPROXIMATELY 1145-1199 N.W. 11TH
STREET (A.K.A. MUNICIPAL JUSTICE
BUILDING) FOR CONSIDERATION OF POSSIBLE
MIXED USE ZONING - DIRECT
ADMINISTRATION TO HOLD WORKSHOPS -
MANAGER TO COME BACK WITH
RECOMMENDATIONS BY JUNE 23, 1988.
30.
DISCUSSION AND TEMPORARY DEFERRAL OF
DISCUSSION 145-156
APPEAL BRICKELL PROMENADE ASSOCIATES,
4/28/88
LTD. - REVIEW ZONING BOARD'S DECISION
TO DENY CLASS C SPECIAL PERMIT AT
APPROXIMATELY 2475 BRICKELL AVENUE (SEE
LABEL 32).
0
0
31.
32.
GRANT REQUEST RECEIVED FROM REV.
AKFARD PANKET TO POSTPONE PLACEMENT Of
REQUIRED SAND IN CONNECTION WITH
IMPROVEMENTS TO HIS PROPERTY, WITH
PROVISOS.
DENY APPEAL BY BRICKELL PROMENADE
ASSOCIATES, LTD. OF ZONING BOARD'S
DENIAL OF CLASS C SPECIAL PERMIT AT
APPROXIMATELY 2475 BRICKELL AVENUE (SEE
LABEL 30) .
M o0-394
4/26/68
R so-39S
4/2!/88
33. APPROVE LIST OF SURPLUS AND UNDER- M 80-396
UTILIZED EQUIPMENT AVAILABLE FOR 4/26/88
DISPOSAL - AUTHORIZE MANAGER TO SET
FINAL PRICE OF SURPLUS EQUIPMENT.
ISG-IS?
1So-162
163
:.2
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
e e e e e
On the 28th day of April, 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 2:10 p.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
Lucia Allen Dougherty, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez. Commissioner Plummer then
led those present in a pledge of allegiance to the flag.
1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS
----------------- ------------------------------------------------------------
1. Certificates of Commendation were awarded to the following businesses for
their participation in the New World Center tour: Eastern Airline, Alamo
Rent -a -Car, Sheraton Brickell Point, Hotel Place St. Michel, Embassy
Suites, Grove Isle Club, Biltmore Hotel and Hotel Sofitel.
2. Certificate of Commendation awarded to Troop 529, So. Fla. Council, Boy
Scouts of America, for winning two first place trophies at the Camporee
held at West Point Military Academy, New York. The local troop received
first place awards for their special project theme entitled "Gateway
Miami" and expertise in knot tying.
2. ORGANIZE A LUNCHEON TO HONOR THE JACKSON MEMORIAL HOSPITAL STAFF FOR
THEIR DEDICATION DURING RECENT EMERGENCY SITUATIONS CONCERNING THE
SHOOTING OF POLICE OFFICERS.
Mr. Plummer: Mr. Mayor, if 1 may, we all are very much aware of what happened
last evening. For the third time in a month, this situation has occurred and
yourself as well as other members of this Commission and the City Manager have
been at Jackson Hospital and I want to tell you that even though at the last
Commission Meeting I passed a resolution praising them and thanking them, it's
ironic the same doctor has worked on all three of the policemen in the same
month and been taken care of by the ICU Department of the same hospital. It
is of the feeling of some that a letter is not enough. That we should do
something more to let them know how much we appreciate what they have done -
not just their job, because they've gone way beyond that - I would like to
propose at this time, Mr. Mayor, that we instruct the City Manager to put
together a luncheon with this Commission and the people involved at Jackson
Hospital where we could rightfully bring them to a luncheon, not only to say
thinks, but to give them the appropriate certificates from this City. And I
would like to move at this time and any members of the general public would
like to be there, they could pay their own way and make that available, but I
would so move at this time, Mr. Mayor, that in fact we do make that luncheon
available.
CAS 1 April 28, 1988
ok
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded
Any discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-367
A MOTION OF THE CITY COMMISSION INSTRUCTING THE CITY
MANAGER TO ORGANIZE A LUNCHEON TO HONOR AND COMMEND THE
JACKSON MEMORIAL HOSPITAL STAFF FOR THEIR FINE EFFORTS AND
DEDICATION DURING RECENT EMERGENCY SITUATIONS CONCERNING
THE SHOOTING OF CITY OF MIAMI POLICE OFFICERS; SAID
LUNCHEON TO BE OPEN TO THE PUBLIC, AND FURTHER DIRECTING
THE CITY MANAGER TO PREPARE PERTINENT CERTIFICATES OF
APPRECIATION TO BE PRESENTED BY THE CITY COMMISSION.
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
Mayor Suarez: Dr. Gomez last night looked like he'd been to hell and back and
he... as a chief surgeon I see Joe back there nodding his head, has done a
magnificent job in all three of these cases, has worked his head off at the
most inopportune times I might add.
3. ESTABLISH $50,000 REWARD FOR INFORMATION LEADING TO APPREHENSION AND
CONVICTION OF THOSE RESPONSIBLE FOR THE SHOOTING OF POLICE OFFICER JAMES
HAYDEN.
Mr. Plummer: Mr. Mayor, I'd also like at this time to make a resolution or
the appropriate motion that in the same manner in which we did for the killer
of Victor Estefan, that we offer a $50,000 reward for the arrest, conviction
of the man who shot Officer Hayden. I so move.
Mr. Dawkins: I second and under discussion.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. For information leading up to...
Mr. Plummer: Arrest and conviction, the same terminology, whatever we used
for Victor Estefan, the same terminology.
Mayor Suarez: And all the same exceptions and time table.
Mr. Plummer: And it has a date, Mr. Mayor, because it can't run infinitum, I
think is what, the end of the budget year and we will renew it then.
Mayor Suarez: We had done it one 12-month period, I believe. Commissioner
Dawkins.
Mr. Dawkins: Madam City Attorney.
Mrs. Dougherty: Yes, sir.
Mr. Dawkins: Is it anything unlawful or illegal if I were to pass a motion
that said if the gentleman who was in the getaway car, who was the driver and
CAS 2 April 28, 1988
oh op
did not shot the officer, if he came forward and confessed that in the event
that the other guy - both of them were convicted and one got off with a lesser
sentence, that he could share in the reward. Is there anything illegal about
that in an effort to try to bring forth some movement on this?
Mr. Plummer (OFF MIKE): Can't benefit by the acts of your own hand.
Mayor Suarez: Even though he's a co-defendant, right.
Mrs. Dougherty: Commissioner Dawkins, there is a felony murder rule.
Mr. Dawkins: OK.
Mrs. Dougherty: And, of course, we hope that that will not occur here but
there's also another concept... in other words, the felony murder rule is if
you're involved in a felony and somebody is murdered, then you are charged
with the murder as well as the person who has committed the crime. Hopefully,
that will not occur here because, hopefully, this officer will stay alive.
The other concept is, you cannot benefit from that which you...
Mr. Plummer (OFF MIKE): Acts of your own hand.
Mrs. Dougherty: ... that act that you committed yourself. So there is a
concept in law that you cannot benefit and probably would not be entitled to a
reward.
Mr. Dawkins: OK, thank you.
Mr. Plummer: My motion's on the floor, Mr. Mayor.
Mayor Suarez: Oh, I'm sorry, we have a motion and do we have a second?
Mr. Dawkins: I seconded it.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-368
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO MAKE FUNDS AVAILABLE IN THE TOTAL AMOUNT OF
$50,000 AS REWARD FOR INFORMATION LEADING UP TO OR
RESULTING IN THE APPREHENSION, ARREST AND CONVICTION
OF THE PERSON OR PERSONS WHO PARTICIPATED IN THE
RECENT SHOOTING AND SERIOUSLY WOUNDING OF MIAMI POLICE
OFFICER JAMES HAYDEN; FURTHER STIPULATING THAT SUCH
REWARD SHALL REMAIN IN EFFECT UNTIL THE END OF THE
CURRENT FISCAL YEAR (1987-88); FURTHER STIPULATING
THAT THIS REWARD IS NOT APPLICABLE TO LAW ENFORCEMENT
OFFICERS.
(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.
Mr. Plummer: Thank you, Mr. Mayor.
Mayor Suarez: Surely.
CAS 3 April 28, 1988
4p op
4. APPOINT JORGE L. FERNANDEZ AS CITY ATTORNEY.
----- ------------------------------------------------------------------------
Mrs. Dougherty: Mr. Mayor, before you...
Mayor Suarez: Yes, Madam City Attorney.
Mrs. Dougherty: ... move off this. I just want to tell you I know that you
all received my resignation.
Mayor Suarez: We assumed that your were just kidding about that.
Mrs. Dougherty: It is with great mixed emotions that I did submit my
resignation to you. I want to tell you how much I've enjoyed every minute
working for you and being your legal counsel. There has never been a single
moment that I have ever worked for this City that you have not shown me in
every single way, that you have the best interests of the City in your heart
and minds. And I want to tell you how much I enjoyed it and how much it has
meant to me to be your legal counsel. And I thank you.
Mayor Suarez: Thank you, I...
Mr. Dawkins: When is your last day?
Mr. Plummer (OFF MIKE): It depends.
Mrs. Dougherty: Whenever you find a replacement, I'll take about two weeks.
Mr. Plummer (OFF MIKE): Found one yesterday.
Mrs. Dougherty: Well, I guess I could leave now.
Mr. De Yurre: Mr. Mayor.
Mayor Suarez: Commissioner De Yurre.
Mr. De Yurre: Yes. Now that we're on this subject of a City Attorney, you
know there's a lot of speculation as to, you know, where do we go from here,
we got to start finding a replacement.
Mr. Plummer (OFF MIKE): I thought Xavier was going to take it. Aren't you
taking it?
Mr. De Yurre: Yes, but then he can't be mayor.
Mayor Suarez: For the appropriate compensation, I'm sure I would consider it.
Go ahead, proceed.
Mr. De Yurre: And, you know, a lot of speculation whether we're going to find
a replacement from within, were we going to go locally, whether we're going to
go nationally I think this Commission, to a great degree, I know you have at
least, voiced an opinion that we should go inside and certainly that has a lot
of merit. I think it's important that, you know, from a moral stand point
that our employees know that there's advancement, that there's opportunity to
move up, to achieve greater positions within the profession and certainly I
want to speak in that spirit. 1 don't know if there's a procedure that wants
to be set. In my mind, you know, I've got a replacement already that I would
like to speak of and, hopefully, if we have the votes up here, hopefully, it
would be unanimously, we can avoid a lot of, you know, what would pursue and
certainly we can go on to business.
Mrs. Kennedy: Let me echo your opinion also, Commissioner...
Mayor Suarez: Madam Vice Mayor.
Mrs. Kennedy: ... I think that we have a lot of qualified people within the
department. I, for one, also I'm ready to make a decision.
CAS 4 April 28, 1988
ok
Mayor Suarez: What is the procedure, if any, that we must follow?
Mr. Plummer: Three votes.
Mayor Suarez: See, he wants to get paid for being City Attorney today.
Mrs. Dougherty: That's correct, just is a motion, a second and three votes.
Mayor Suarez: So he's got one correct legal opinion to his credit, eh?
Mr. De Yurre: Well, it that's the way it is, I'd like to nominate Mr. Jorge
Fernandez of the City Attorney's office to be our new City Manager - City
Attorney.
Mr. Odio (OFF MIKE): Hey, he can have it.
(Laughter)
Mr. De Yurre: You know, he needs more money for that, more money for that.
Mr. Dawkins: Oh, he's combining things now, huh? He's consolidating and
combining.
Mrs. Kennedy: That was a Freudian slip.
Mr. De Yurre: It's part of the consolidation program that he's got.
Mr. Plummer: What you're inferring is, we only need one man to do two of the
jobs.
Mr. De Yurre: And we can save half the salary. You know, it's...
Mr. Plummer: That's not a bad idea.
Mrs. Kennedy: Let me just say one person, not necessarily a man, it could be
a woman and I wish that we had some qualified women applying for the job.
Being none, I am going to second your motion.
Mayor Suarez: Moved and seconded.
Mr. Dawkins: 1 don't...
Mayor Suarez: Commission Dawkins.
Mr. Dawkins: I nominate Jesse McCrary.
Mayor Suarez: You have a substitute motion or a substitute motion nominating.
Does it have a second?
Mr. Plummer: Mr. Mayor...
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: ... no, not at this point. Under discussion when it's
appropriate. I have had a very brief discussion with Mr. Fernandez and I have
to admit to you I'm leaning towards that situation. But I would like to have
the opportunity to come back at a subsequent meeting. I don't want to rush
into this...
UNIDENTIFIED SPEAKER (OFF MIKE): That's right.
UNIDENTIFIED SPEAKER (OFF MIKE): That's right.
Mr. Plummer: ... and I want to take the time, if I may, and have the
opportunity between now May the 12th, at which I assure you I will be prepared
to vote. But, I don't want to rush, I want to have the proper deliberations.
I don't see the rush, Lucia's going to offer to stay until the first of August
and I think we can go about more of a better transition. Like I say, I want
to admit on the record, I've had one brief conversation with him but I would
like to go back and have more and others, if they wish to avail themselves of
coming and talking to me. So I, at this point, have not a nomination to make
nor a second, but a request that it be deferred until May the 12th at the next
meeting where... that's my conversation.
CAS 5 April 26, 1988
Mayor Suarez: I'll certainly entertain a substitute motion to defer
consideration until the next Commission meeting.
Mr. Plummer: I would so move, Mr. Mayor.
Mr. De Yurre: Mr. Mayor...
Mayor Suarez: Wait, does it have a second, otherwise we don't have to debate
it. Do you want to second the motion to defer? Commissioner.
Mr. De Yurre: You know, I think if we don't have the three votes, certainly.
You know, not only May 12th but whatever the procedure is. I just want to see
if we have the three votes and we can on to business and have a smooth
transition of a... as far as I'm concerned, you know, I think he's the ideal
candidate for the position and I've heard recommendations from within the City
Attorney's Office that he's the man to go and, you know, I don't need to speak
to anybody else about this. I'm ready to go on this.
Mayor Suarez: The motion to defer has no second. The motion that's on the
table is to appoint Jorge Fernandez as City Attorney. It's got a second. Any
further discussion? Madam Vice Mayor.
Mrs. Kennedy: Let me just say for the record that he is Mrs. Dougherty's
choice for this job.
Mr. De Yurre: I thought that was a secret, we couldn't say that.
Mayor Suarez: Are you voting, Madam City Attorney, on this?
Mrs. Dougherty: It was only a secret if he didn't get it.
Mrs. Kennedy: There's a person who knows how to count.
Mayor Suarez: Anything else from the Commission? Call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 88-369
A RESOLUTION ELECTING AND APPOINTING JORGE L. FERNANDEZ AS
CITY ATTORNEY OF THE CITY OF MIAMI, FLORIDA, EFFECTIVE
9:00 A.M. ON THE DATE THE INCUMBENT CITY ATTORNEY LEAVES
OFFICE TO HOLD OFFICE UNTIL THE FIRST MEETING FOLLOWING
THE NEXT REGULAR CITY ELECTION AS PROVIDED FOR IN THE CITY
CHARTER.
(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
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None
COMMENTS DURING ROLL CALL:
Mr. Plummer: Based on my comments, and I don't want this to sound negative
but it will be a negative vote only because I have requested more time so I
would have to vote in the negative at this time.
Mr. Dawkins: Seeing that I placed Jesse McCrary's name in nomination and did
not get a second, that meant that I would not have had three votes because if
I had I didn't even have two so how could I get the three, I'll vote yes.
CAS 6
April 28, 1988
Mayor Suarez: I'm going to vote yes. I want to say to the City Attorney that
she stated in rather eloquent terms and complimentary terms that she thought
we had acted in the public interest at all times and that's one thing, acting
In the public interest and try to foster the public interest, the other thing
is to implement what policies are set by this Commission and she has, in the
last two and a half years that I've been around here, demonstrated a singular
ability to implement things that we try to do in support of the public
interest. I don't know that we'll ever be able to equal your performance,
Lucia, and I just wanted to state that.
COMMENTS MADE AFTER ROLL CALL:
Mrs. Dougherty: Thank you. Did they take a vote?
Mr. Plummer: Yes, four, one.
Mrs. Dougherty: Mr. Mayor, at this time I'd like to just say how pleased I am
that you've made this decision. It's not only sent a message to the City
Attorney's Office that when people leave from the top, that you're going to
promote from within but it's sent a message to the entire City. And I'd also
like to say that from the City Attorney's Office it relieves the anxiety about
what's going to happen to the office and it also then continues on in the
continuity within the office. And I think you've made an excellent choice.
Mayor Suarez: Before I take the chair's prerogative and ask Mr. Fernandez to
make a statement if he would like to, I want to say one other thing. At least
in the private conversations you had with me, you did give a very strong
recommendation for him and if you were smart enough to be a good City Attorney
you should be smart enough and good enough and solid enough to give a good
recommendation and to me, it weighed extremely heavily and I think that's the
case also as to the other Commissioners including Commissioner Plummer who I
think for very valid reasons would have preferred to have more time. Mr.
Fernandez.
Mrs. Dougherty: Well, just a minute, just... by your doing this vote, this
means I've done a good job and I really appreciate it. Thank you.
Mayor Suarez: Mr. Fernandez. Otherwise known as George, otherwise known as
Jorge.
Mr. Fernandez: Right.
Mr. Plummer: That's Valdes.
Mrs. Kennedy: Any now they just call me George.
Mr. Fernandez: And now, just call me George, right. Mr. Mayor and members of
the Commission, Mr. City Manager, my dear friend, Lucia, thank you very much
for the vote of confidence that you've given me today. I commit myself to you
doing a good job for the City and representing you with the best I know. Just
before I sit down, I also want to recognize two people who were very important
in this process and those were my two fellow Deputy City Attorneys, John
Copelan and Quinn Jones, who, in the process of deciding whether I wanted to
go for this job, gave me their support. So I want to thank them and
acknowledge them publicly. Thank you.
(Applause)
Mayor Suarez: Would those be the gentlemen now to your right?
Mr. Fernandez (OFF MIKE): That's right.
(Applause)
Mayor Suarez: Does that also guarantee us that we will have their service in
the future under your administration?
Mr. Fernandez (OFF MIKE): I sure does.
Mayor Suarez: Well, you know, we haven't discussed salary. I guess that will
be at a later time but I was thinking more like $48,000.
CAS 7 April 28, 1988
Mrs. Dougherty: Mr. Mayor, with your permission I'm going to stay on until
your May 19th meeting in which you can swear Mr. Fernandez in.
Mr. Plummer: Somebody needs to change that calendar.
Mayor Suarez: OK.
Mr. De Yurre: What Lucia...
Mrs. Dougherty: Yes, sir.
Mr. De Yurre: What I would like personally is that you don't set a date per
se. You know, if we're going to have a smooth transition, whenever you're
both comfortable, it's time to do it, then, you know, you can go ahead. That
that is...
Mayor Suarez: May 19th...
Mrs. Dougherty: May 19th is your next planning and zoning agenda and we've
discussed it if it's with your... if you approve it, that's when we would feel
comfortable.
Mr. De Yurre: OK, if you're ready.
things to go smoothly.
Mr. Plummer: Don't rush it.
Mrs. Dougherty: OK. Thanks very much.
Mr. De Yurre: OK. Thanks.
I just don't want to, you know, I want
------------------------------------------------------------------------------
5. A. DIRECT MANAGER TO BRING UP TO $100,000 FUNDING FOR GREATER MIAMI
UNITED.
B. MOVE CAREY TECHNICAL INSTITUTE ALLOCATION TO ECONOMIC DEVELOPMENT
(SEE LABEL 7).
------------------------------------------------------------------------------
Mayor Suarez: Item one, community development. Mr. Castaneda, do we hear
from you first or from the committee chairperson?
Mr. Frank Castaneda: The chairperson, I believe, is ready to make a...
Mayor Suarez: Each one is deferring to the other, OK.
Ms. Maria Elena Torano: Mr. Mayor, Commissioners, a few weeks ago I was
meeting with Tal Fair, and he was telling me how he really made a point to be
very professional in his presentation to the City because somehow he managed
to get your undivided attention and then I heard you say how impressed you
were with Tal Fair's presentation. So we came back to you with lights, with
some of our committee members which I would like to have recognized and tell
you about the hard work that we have been putting in for this past year. Will
the members of the Community Development Advisory Board stand up please and be
recognize? There's only four of us.
Mayor Suarez: Was it as painful and as long and as confused a process as in
the past?
Ms. Torano: No, I have to say that we are working as a team. No, I would
say, Mayor, we have been meeting now on a monthly basis throughout the year.
That takes away from the rush of the last three months just before the CDBG
funds are going to be allocated and come to you. One of the things we have
been doing this year is, and it was as a matter of fact, approved by Cesar
Odio, our Manager, was to meet with the department heads because we feel that
we could be of assistance to the City in other issues that are not CDBG funds.
For example, when the public works referendum came about, we didn't know a
thing about it. We were made a presentation just a week before and we feel
that through the network that we have through the target areas and the
business community which is also represented in our committee, we could be of
CAS 8 April 28, 1988
j greater value to you. Another issue that I would like to discuss and you and
I talked briefly about it is that we find that the needs of the neighborhood
somehow don't match the needs of downtown. That has been, Commissioner
y Kennedy, has been obvious in the park issue. You know, you have had some
resistance in the past, especially for the park, the Performing Arts Center,
because the neighborhoods don't feel part of it. What we propose to do is for
this coming year is have some interaction with the Downtown Development
Authority Board with recognized downtown business leaders such as Marty Fine
and others and get to know each other a little better so that there's a unity
of purpose and it's not a power play of, are they going to take our bucks to
build a park and vice versa. And I think for the business establishment would
also be of great value to get to know representatives of those neighborhoods
who they also should be serving and involve them in process such as the
Performing Arts Center and others that we are all very aware of. So that's
our task for this year and if it's OK at some point, we would also like to
meet with you, for you to get to know us a little better. Those are the
member of our board, let me show you as you may know we were cut...
Mrs. Kennedy: We can't read them Maria Elena.
Ms. Torano: You can't, eh?
Mrs. Kennedy: We need the lights or something.
Ms. Torano (OFF MIKE): What can we do? Where are the lights?
Mayor Suarez: If you want to you can go ahead and run them down if you can
read them because you a better recollection of who they are.
Ms. Torano: Oh sure, OK. Frankie Rolle is the vice chairperson; Sandy Hall,
who is not here today, super guy is our parliamentarian; then we have Mariano
Cruz, Allapattah; Luis Sabines, private sector; Anne Marie Adker and Miss
Adker I'm sure all of you know is a committed advocate; Jerry Parks who is a
new member; Prospero Herrera, who has also been attending meetings; Cornelius
Allen; Dario Restrepo and I'm happy to see a non -Cuban, you know, a Latin
American - I think he's from Colombia - appointed that's great and he's very
active; Willy Calhoun; Maria de la Rosa; Hector Lopez from Little Havana;
Heriberto Fonseca; Dorothy Quintana; Moises Eshkenazi who has also been
attending and Margaret Miller. So, we have ten Hispanics, five blacks, two
Anglos and six women. That's a good breakdown. We're also going to show you
now how the pie is divided this year, and you have to realize that we have
something like 5.4 percent less in funds which amount to $643,000.
Mr. Plummer: What were the total request?
Ms. Torano: What was that - eleven something, Frank? Eleven point...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Ms. Torano: Oh yeah.
Mr. Plummer: The request from social agencies was approximately 25 million.
Ms. Torano: Housing... the whole, housing, social agencies...
Mr. Plummer: No, no, no. What we're dealing with here basically today is the
social agencies.
Ms. Torano: OK, Frank.
Mr. Plummer: What was the total request? In other words, we had requests for
twice the amount of money we had available.
Mr. Frank Castaneda (OFF MIKE): Oh, yeah.
Mr. Plummer: Thank you.
Ms. Torano (OFF AND ON MIKE): Easy. So the it's going, is 20 percent for
administration and planning, 15 percent for public services, .6 percent for
historic preservation, .7 preserved for contingencies and little projects that
Frank has, thirty-third percent for housing program and 27 percent for
economic development.
CAS q
April 28, 1988
Mr. Plummer: Now, let me put one other thing on the record. Frank, you, more
or less, will have to speak to this. It is my understanding that the monies
that we have dedicated in this budget to social service programs is the
maximum under the federal guidelines that we can put into this budget.
Mr. Castaneds: Yes, sir.
Mr. Plummer: In other words, we cannot take money from some other source and
allocate it into this.
Mr. Castaneda (OFF MIKE): Correct.
Mr. Plummer: OK, so I want that... this is it? This is the bottom line, this
is what we got to work with and it's now how we're going to distribute it.
Ms. Torano: He'll show you briefly - that's not even necessary at this
point - but the departments that we met with... call Mariano... and that shows
that there's been continuity of effort here, Planning, Development, Parks and
Recreation, Public Facilities, the Police, Fire Rescue and Inspections
Services Department, Housing Conservation, the development agencies, Solid
Waste, Public Works, Management and Budget, Off -Street Parking and Downtown
Development Authority. And I have to say that most of the department heads
come to my presentation to our board so it's been very, very impressive and a
very good dialogue. And, lastly, those are the funding agencies that we are
recommending and the amount. Where's the one from this year?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Ms. Torano: No, that's for this year.
Mayor Suarez: Is that particular schedule which is almost totally unreadable
here included in our material somewhere?
Mr. Plummer: Right here.
Mr. Castaneda (OFF MIKE): No, Commissioner,
that's what was done with
community development money last year.
Mayor Suarez: Oh, that's last year's, OK.
Ms. Torano (OFF MIKE): Frank, we were supposed to
have one for this year.
Mayor Suarez: Is that included in our package at
some page, Frank, that you
could tell us so at least we could read it. No?
Mr. Castaneda (OFF MIKE): No, I don't believe it
is in your packet.
Ms. Torano (OFF MIKE): We can make copies.
Mrs. Kennedy: Frank, can you tell us what was the process application like.
How did you determine that X amount of money was
enough for one group? Did
you ask them to submit budgets?
Mr. Castaneda: Commissioners, in the social program area, as you're well
aware, we have gone through basically three to four major cuts. First of all,
if you recall, there was an animal called revenue sharing which we used to
allocate a million dollars a year for social service agencies. When revenue
sharing disappeared the number of agencies being funded had to be all
concentrated in into one group and I believe it was the first year Maria Elena
Torano in the board that that did happen and that was a very hectic year in
that everybody was looking and now at only one pot of funding. What has
happened since then that every year we have been cut 5 percent, 4 percent,
this year it's 5.4 percent. What we basically did was, you know, I really
think that all the fat has been cut out of the agencies. What we are basically
recommending is to fund the same agencies as last year's with the 5.4 percent
decrease. I'd like to say that right now we have $5,000 and that is, I
believe, on page two of the memo that we left unallocated from 13-year
community development so it's available for allocation and I believe that
because of the problem with - that we move Tacolcy into the general fund. If
you can recall last year, there is $7,000 uncommitted in the 14th year which
is also available for allocating.
CAS 10
April 28, 1988
Mr. Dawkins: That's thirteen thousand dollars, seven and five?
Mr. Castaneda: Total.
Mr. Dawkins: All right
Ms. Torano (OFF MIKE):
Madam Chairperson.
Yes, sir, yes, Commissioner.
Mr. Dawkins: Is the plan submitted by Mr. Castaneda, is that the same one
that was recommended to the board?
Ms. Torano: There's two recommendations by the board that were not considered
by Mr. Castaneda. One was Greater Miami United.
Mr. Dawkins: And what was the other one?
Ms. Torano: Frank, what was the other one? It was a minor one.
INAUDIBLE COMMENTS BY MR. CASTANEDA NOT ENTERED INTO THE PUBLIC RECORD.
Ms. Torano: I think there was one about crime and elderly and that was
changed. That was adopted. We reached a consensus, so it's really Greater
Miami United which...
Mr. Dawkins: All right, all right, well, what's the difference between what
they submitted for Greater United and what...
Ms. Torano: The board recommended $100,000 and the staff said $50,000 because
it really the same amount that other CDC's...
Mr. Dawkins: All right, well then if the - when the board recommended
$100,000, where did the board recommend chopping off the other $50,000 to make
it a $100,000?
Ms. Torano: I don't know that there was a...
Mr. Dawkins: Well then they...
Ms. Torano: ... a rationale to it.
Mr. Dawkins: No, no, OK, what I'm saying though is, the board knew how much
money we had to operate with.
Ms. Torano: How little money we had.
Mr. Dawkins: Well, all right, I'll rephrase it, the board know what you had.
Ms. Torano: Right.
Mr. Dawkins: OK? Now, if you budgeted $100,000 from - no, if you budgeted X
dollars for Greater Miami United, that left X dollars for everybody else.
Ms. Torano: Right.
Mr. Dawkins: So now, but yet they didn't give the $100,000 so it's $50,000
that they gave to somebody else that was not recommended by your board.
Ms. Torano: Well, you also have some contingency monies there that could be
used but the social services budget itself is drained. So, if we're going to
go to $100,000, which is what the board recommended, we have to find it
somewhere else and there's that little pot that Frank has that could be
tapped.
Mr. Dawkins: But he just say he only got $13,000 in it.
Mr. Castaneda (OFF MIKE): No, no, no.
Ms. Torano: No, no, no, no. I think the thirteen are from last year.
CAS
11
April 28, 1988
4P
Mr. Castaneds: The $13,000 unallocated for social programing, as I mentioned,
there's seventy some thousand dollars in contingencies in the 14th year.
Mr. Dawkins: Contingencies, so in the event that if you take the $50,000 and
give it to Greater United and the $20,000 and give it to MAPP, then anybody
who comes up here all during the year for nothing is zero.
Ms. Torano: Correct.
Mr. Plummer: Well, but I think the other point is, in fact, that Miami United
using that as the example, does not come out of social service programs, it
comes out of economic development. There's a big...
Mr. Dawkins: Why? It's a social service program.
Ms. Torano: It is.
Mr. Plummer: Well, not basically, I think it's more economic.
Mr. Dawkins: You want to bet? We'll prove to them that it is not.
Mr. Plummer: Well...
Ms. Torano: Well, maybe we don't have to fight it because economic
development has a little bit more monies.
Mr. Dawkins: No, no, no, wait a minute now. I want to be sure that I'm
correct, OK? What is the goals and objectives of Greater Miami United?
Ms. Lynette Williams: Good afternoon, I'm Lynette Williams.
Mr. Dawkins: Pull it, pull it...
Mayor Suarez: Pull it up a little closer to you.
Ms. Williams: Good afternoon, I'm Lynette Williams and I'm with Greater Miami
United. I'm here representing Antonia Gary who is the executive director. We
are a multi -ethnic organization and primarily...
Mr. Dawkins: What is your social - are you a social agency or economic
development agency?
Ms. Williams: We are economic development...
Mr. Dawkins: Why?
Ms. Williams: ... technical assistance providers...
Mr. Dawkins: Why?
Ms. Williams: Because we work with Community Development Corporation...
Mr. Dawkins: OK, and you...
Ms. Williams: ... and their economic development activities.
Mr. Dawkins: All right, so you don't do any social work at all.
Ms. Williams: No.
Mr. Dawkins: OK, that's all I need. Thank you. Go ahead.
Ms. Torano: Well, no, that's... it's now up to you, Commissioner. I think
that we're...
Mr. Dawkins: All right, so then, when they fund Greater United for $100,000
that frees up $50,000 more in the social agencies.
Ms. Torano: No.
Mr. Plummer: No.
CAS 12 April 28, 1988
Mr. Castaneda: Greater Miami United is funded...
Mr. Dawkins: You just said that this is economic development.
Mr. Castaneda: Greater Miami United is funded at $50,000 for economic
development in the application, Commissioner.
Mr. Dawkins: No, no, no. They recommended a $100,000, OK?
Mr. Plummer (OFF MIKE): Under economic development.
Mr. Dawkins: All right, so that has nothing to do with economic development,
I mean, with social work.
Mr. Castaneda: That's correct.
Mr. Dawkins: All right, now so what do they recommend for social programs?
Mr. Plummer: None.
Mr. Dawkins: No,no.
Mr. Plummer: None.
Mr. Dawkins: No, no, no. The board, the advisory board.
Mr. Castaneda: Yes, there's a whole list and that's not in your package is...
Mr. Plummer: No, he asked you, Frank, what did the board recommend under
social services for Greater Miami United, the answer is none.
Mr. Castaneda: Zero.
Mr. Dawkins: Zero and it's all that you recommended comes out of community
development. Is that right?
Ms. Torano (OFF MIKE): Correct.
Mr. Castaneda (OFF MIKE): Yes, sir.
Mr. Dawkins: Now is there $50,000 in community development to make it a
$100,000 for Greater Miami United, that's what I'm asking.
Mr. Castaneda: There is $70,000 in contingencies...
Mr. Dawkins: In what?
Mr. Castaneda: In contingencies, unfunded.
Mr. Dawkins: Wait a minute now, you see, that's where I'm confused, OK? Now
unconfuse me. OK? You say that there is a cap on the amount of money that
you can use...
Mr. Plummer (OFF MIKE): Seventy, seven, zero.
Mr. Dawkins: ... for social services agencies, there's a cap.
Mr. Plummer (OFF MIKE): But that's other than social programs.
Mr. Castaneda: Correct. Fifteen percent.
Mr. Plummer (OFF MIKE): There's only thirteen thousand in contingency and
social.
Mr. Dawkins: Now, is that $70,000 that you're talking about as a contingency,
is that in the 15 percent cap for social services or is it included in the
economic development?
Mr. Castaneda: It is for anything other than social services is $70,000.
What I'm telling you is, that you have $7,000 this year and $5,000 in the
latter year available for social programs.
CAS 13 April 26, 1988
0
Mr. Dawkins: Well, you just said that Greater United is not a social program.
Mr. Castaneda: That is correct.
Mr. Dawkins: So why are you going to fund it - take the money from social
programs...
Mr. Castaneda: We are not.
Mr. Dawkins: ... when you have to take it from community development? I
don't understand. You got me confused.
Mr. Castaneda (OFF MIKE): No, Commissioner - as you see in the I
don't know if you see in the what there is available for
contingencies is seventy-three thousand...
Mr. Dawkins: OK, wait a minute...
Ms. Hirai: Frank...
Mr. Dawkins: ... let me, I know how to square this away.
Me. Hirai: Frank...
Mr. Dawkins: Are you going to fund Greater United a $100,000?
Mr. Castaneda (OFF MIKE): Our recommendation is fifty.
Mr. Dawkins: OK, all right. So that leaves $70,000 to do what with?
Mr. Castaneda: For economic development or for housing projects or for non
social programming funding.
Mayor Suarez: Madam Chairperson.
Ms. Torano: One more thing and then my closing comments, Mayor and
Commissioners, is that we, the first - and this is just a personal
experience - the first year we spent together, there was a lot of bickering,
there was a lot of fighting, there was a lot of turf defending and one thing
that has happened is that really we have come together as a group and there is
an endorsement and a support and a commonality of purpose that it's real
beautiful and that you should know about it. So it's not now what goes into
Little Havana, what goes into Allapattah, what goes into Overtown but what
goes into community development.
Mayor Suarez: And you have recommended no new programs. Am I correct in
that?
Ms. Torano (OFF MIKE): No new programs.
Mr. Plummer: Let me explore if I may. Frank...
Mayor Suarez: I'm sorry, Commissioner, the reason I say that, of course, is
that when you've got everybody working together to maintain their own budget
levels to the highest extent possible, it's sort of tends to lead a lot of
times to no new programs but that doesn't take away in any way from what you
said about the commonality of interest and how everybody worked together this
year and I commend you for it because I know how painful it was last year.
I'm sorry, Commissioner.
Mr. Plummer: And this is the second year, no new programs. Frank, let me ask
you this question and maybe to pursue, you know my bottom line has been from
day one and continues to be, that in the social programs, we feed the hungry,
we treat the sick and if there's anything left over, we'll argue about it.
You know, in politics I guess you learn that there's many ways to skin a cat.
Now, I'm going to tell you for one, that there are some items in this thing
and I don't mean to pick on one particular item, that does not come under my
two categories or does not 100 percent come under my two categories. As I
read here there are, even though it's a food program, they provide other kinds
of services besides the food and besides the medical, all right? Is there any
way that we could devise a method of just that portion of the request for food
and medical and take the rest of it out and put it in, for example, economic
CAS 14 April 28, 1988
development? Where we could allocate more food, money and more medical money.
I got to express an opinion, I don't see a dime in here and I know this was
done and Bob Kunst came at the last minute, but I cannot walk away from this
table without having something to do, you can argue the AIDS issue good, bad
or indifferent, but damnit, a hungry sick man is a hungry sick man regardless
of how he got in that position and I'm going to feel guilty as hell if I walk
away from this table and we're not able to provide some food to provide to a
sick man. Now, what I'm saying, I guess, and I'm going to lay it right on the
line because you know my history on this Commission, what's the hell more
important to this community, feeding a hungry and taking care of a sick man or
historic preservation? I don't think there's anybody with any question as to
what the priorities have got to be.
Mr. Castaneda: Commissioner, let me clarify that. Historic preservation is
not in the 15 percent cap. You cannot...
Mr. Plummer: Well she is showing of the total pie, historic preservation was
what, how much?
Mr. Castaneda: .6 percent.
Mr. Plummer: OR, .6 percent. And, please, I'm not picking on that alone...
Mayor Suarez: I'm sorry, did you say point six percent?
Mr. Castaneda (OFF MIKE): Right.
Mr. Plummer: OR.
Mayor Suarez: All right because you said six point six.
Mr. Plummer: All I'm saying is, is there some way that we could take those
portions of these programs which are not food and medical and transfer them
over into another category, freeing up money for food and medical? I don't
know, I'm just asking.
(Applause)
Mayor Suarez: Do you understand the question to be directed at the economic
development part of the budget and how we can squeeze some of that for social
services such as food and medical, is that what...
Mr. Castaneda: I see what you're saying...
Mayor Suarez: Or pushing some off of here to economic development?
Mr. Plummer: That was the basis of really what I was talking about.
Mayor Suarez: And that's what Commissioner Dawkins asked too in the case of
GMU, Greater Miami United.
Mr. Castaneda: Let me get Francena Brooks up here, but, basically, the only
project that could be taken out of this category as you read in the memo, is
probably Carey Technical in which we're giving them $23,000 and the purpose of
Carey Technical, besides the training component, is to place people into jobs.
If you can recall, the Commission took this action...
Mr. Plummer: That's minor, you're talking about $21,000.
Mr. Castaneda: But that's it, you know...
Mr. Plummer: OR, let me ask, could there be a way, for example and Rosario is
going to punch me even for mentioning it, that day care could be considered
economic development?
Mr. Castaneda: No.
Mr. Plummer: Can it be considered - allocate the same amount of money - under
some other category?
Mayor Suarez: There's only two.
CAS 15 April 28, 1988
Mr. Plummer: Can we call it by a different name?
Mr. Castaneda: The only programs that we've been able to get that kind of
things are programs that might be of a training component that produce jobs.
Mr. Plummer (OFF MIKE): Do you understand what I'm saying? I'm not picking
on day care if we could move it over to another category.
Mrs. Kennedy (OFF MIKE): And then get that money.
Mr. Plummer: Say, wait, whoa, Frank. Frank, excuse me. I guess I'm going
back to the day when we took day care out from underneath this social programs
and we put it in the City budget as a regular line item. Now, I'm not trying
to cut day care a penny, I'd like to give more if it was humanly possible, but
is it possible that we can create another category under this program to take
and move day care, I don't know what it would free up in here...
Mr. Castaneda: No, the day care is $255,000.
Mr. Plummer: Plus after school which is the same kind of a program. See,
what I'm saying is if you could...
Mrs. Kennedy: If you move it to another category, I don't care, as long as
they don't lose the funding.
Mr. Plummer: Exactly my... I am not, in any way, my dear friend trying to cut
a penny from any day care program, OK? I'm saying, if we could move that over
to another category, would free up another $250,000 that we could dedicate to
food and medical.
Mr. Castaneda: Commissioner, I know exactly what you're saying and, as I've
said, we've been in long discussion with HUD to see different ways of skinning
the cat and, as I say, the only thing - to get it out of a social program, you
have to demonstrate the creation or retention of jobs and in the child care
area we have made that argument that that permits people to go out and get a
job and, therefore, we're talking about job retention. They're saying, no,
that the main component there is the direct service provided to the child and
therefore is a public service program and not economic development.
Mr. Plummer: Well, I'm just going - let me tell you where this one vote is.
I am not voting for this proposal without some money being dedicated for that
group. Now, you know, I'm just telling you that. You're not got my vote.
Mayor Suarez: Which group are you talking about, the...
Mr. Plummer: The AIDS...
Mayor Suarez: ... Cure AIDS?
Mr. Castaneda: Cure AIDS Now.
Mr. Plummer: ... the meals program for the AIDS. I'm not going to vote for
it.
Mayor Suarez: Do we have any discretionary funds at all?
Mr. Plummer: Thirteen thousand.
Mayor Suarez: As proposed?
Mr. Castaneda: In social programming, you know, we've going to the top. Any
left over funds, we come back to you in October and to allocate that so, you
know, we...
Mayor Suarez: How long have we funded the program, the AIDS program?
Mr. Castaneda: I'm sorry?
Mayor Suarez: How many weeks have we funded the AIDS program for, I forget?
I know we did more than enough to get us through today and a couple of weeks
more.
CAS 16 April 28, 1988
Mr. Castaneda: We allocated them $10,000.
Mr. Plummer: To the end of June is the memo I have.
Mr. Dawkins: To get them through the fiscal year.
Mr. Castaneda: Two weeks worth of food.
Mayor Suarez: Which was supposed to be through the end of the fiscal year
now.
Mr. Castaneda: No, two weeks.
Mr. Plummer: No.
Mayor Suarez: No, no it couldn't have been two weeks by the figure they gave
us.
Mr. Castaneda: It was funded to...
Mayor Suarez: First week of June is what Bob is telling us. We're not...
Mr. Plummer: I have a note here from my staff saying that the $10,000
emergency funding granted by the City will be depleted by June. Maybe that's
the end of May, it didn't say what date in June.
Mayor Suarez: Are we likely to have any other savings by that time, Frank? I
guess you really can't predict, can you?
Mr. Castaneda: I'm sorry?
Mr. Odio: Wait, Mr. Mayor, you know we need to do some lobbying in
Washington. The day we were there we were told that there was possible a 14
percent cut in these funds for next year and we need to...
Mayor Suarez: Are we likely to have any savings from this program by June?
Mr. Castaneda: No, the...
Mayor Suarez: I guess at any time we can have savings depending on the
winding down of certain programs, right?
Mr. Castaneda: The contracts expire on June 30 as we will not have the full
accounting till...
Mayor Suarez: Until July.
Mr. Castaneda: ... September or August lst and then we usually would have
done is bring it to you first meeting in September.
Mr. Dawkins: OK, well, now that we understand where Greater United is, where
is MMAP? Is it a social service, economic development or what kind of program
is it classified as?
Mr. Castaneda: Metro -Miami Action Plan is a hybrid type of program. Last
year they were funded under economic...
Mr. Dawkins: No, what kind of a program is it?
Mr. Castaneda: Well, let me explain. They were funded last year as an
economic development program. If they were to be funded again, we would have
to make sure that there's more job, retention of job creation as part of their
activities but it would have to be funded as an economic development activity.
They are not recommended for funding at the present time.
Mr. Dawkins: Did you sit down with them and tell them that this is what they
would have to do in order to obtain funding and have them come up with some
kind of a plan of action that we could react to?
Mr. Castaneda: We did not sit down with them but what I'm saying is that
Metro -Miami Action Plan, in our opinion, the $100,000 can be better be used by
providing direct services to businesses in the community and things of that
nature.
CAS 17 April 28, 1988
Mr. Dawkins: Through what agency, or what agencies?
Mr. Castaneda: Well, we fund a number of agencies right now for economic
de...
Mr. Dawkins: Name them.
Mr. Plummer: Maria Elena, while he's looking for that, how much of the money
was dedicated to administration?
Mr. Castaneda: Twenty percent.
Mr. Plummer: And twenty percent is how much?
Ms. Torano (OFF MIKE): Two million, two hundred and fifty nine thousand.
Mr. Dawkins: Two miilionl
Mr. Plummer: How much?
Ms. Torano (OFF MIKE): Two million, two point two, two twenty-five.
Mr. Plummer: Two million, two twenty-five.
Mr. Castaneda: Two fif...
Mr. Plummer: Bob, don't run off. I know where the money's coming from. Go
ahead. No, no, no, I know where it's coming from, go ahead.
Ms. Torano: No, Commissioner, let me also say that they never...
Mr. Plummer: You want to see them find money, go ahead.
Ms. Torano: That the AIDS group never came to us, we would have been very
receptive to it.
Mr. Plummer: We are very understanding, they came to us late, they admitted
that and they came here out of desperation and I think that I have heard their
cry and we told them to come back today.
Mrs. Kennedy: Right.
Mayor Suarez: Let me clarify too on the 20 percent. You're talking about 20
percent for our own staffing. OK.
Mr. Mariano Cruz: Can I say something?
Mayor Suarez: So it's effect part - not the general fund, but it's part of
our budget.
Mr. Cruz: I'm going to say a few words. I wasn't going to say anything
because...
Mr. Plummer: That's impossible.
Mr. Cruz: Right, well, impossible. But I've been associated with community
development for the last ten years as a resident of Allapattah and taxpayer to
make sure our community gets what they pay. You know what they said, well we
pay in taxes. A lot of these problems start when there was no more revenue
sharing, that's when that 15 percent cap. And that's the big problem like I
mention at the meetings, we got to make some of these social problems housing
or something. That way they - or housing economic development then it won't
be included in that 15 percent cap. But at it is the Commission - the both
hands are tied because you could see the people going there asking not just
what we had the program with the people already in program - the new problem.
Needy program, necessary programs we have to say to tell them no because there
is no money coming from Washington but the only way would be
through a general fund of the City. Like I mentioned two years ago, you can
get money from the Off -Street Parking Authority, you can get money from other
thing the same way that you allocate money for let's say, fire rescue services
or the police the new toys, the whole thing. Everybody getting come here with
CAS 18 April 28, 1988
different proposals, because I come here and people come here asking for new
guns and they get. They asking for a new special ladder with all the gismos
they get it. And now you tell me that the priority is food and that for the
people.
Mayor Suarez: But wait, but wait, wait because that's the priority for
community development block grant monies which are not directly derived from
your taxes here, it's money from the federal government and we don't consider
that what we have given to the police department to be able to function or to
the fire department are toys. If you think that at any time and you always
come and make your presentation here, be sure tc tell us because if we
characterize some of that as toys, then we could certainly take away the
funding but I have not funded any toys for myself here.
Mr. Cruz: Well, one thing is the people - if somebody's hungry, he's hungry
today. You go to tell that at the people at the different agencies, they're
turning away people because they're hungry and you think of being hungry, how
it is. Just stay one day without eating or two days and you will know how
hard it is plus on top of that, you're sick and no money and all of that. And
those people come to us. We see them and it's hard. Like there's $13,000,
$14,000 left from last year, they're from social services. You can use that
money. I don't know how the money will go but you can't use that money for
AIDS and you can't use that money for Little Havana, you can't use that money
for Allapattah or any of those places but there's $14,000 left there. And one
more thing. We are just an advisory board. We can't just say you're going to
get so much money. You are the one that made that decision, we just let you
know what we do in our meetings. We have no decision, we can't tell the
people we're going with me - it is up to you to do that vote.
Mayor Suarez: That's right, we understand our obligations.
Mrs. Kennedy: OK, Frank, I have two questions. Frank? First of all, you
didn't answer my original question on the process. Did you ask for
applications?
Mr. Castaneda: Well...
Mrs. Kennedy: Did people submit budgets?
Mr. Castaneda: People have submitted applications and I believe some of them
are mentioned in here. As we mentioned, part of the first decision that was
made, if you have a 5.3 percent cut, you know, do you ask for new proposals
when you're at the cap? You know, the logical answer is, you know, to try to
see what of existing agencies how to resolve the issue and the decision was to
maintain the existing agencies with a cut of a 5.4 percent.
Mrs. Kennedy: No, it was just that the matter was brought to my attention
that in other municipalities they would ask for budgets and we didn't do them
here.
Mr. Castaneda: Oh, well we have budgets from everybody.
Mrs. Kennedy: All right, OK, the second question. How much money goes into
transportation?
Mr. Plummer: Three oh nine.
Mr. Castaneda: Three oh nine, six hundred.
Mayor Suarez: Is that all going to one program?
Mr. Castaneda: That's going to Action Community Center. If you want, you can
go to attachment one in your book.
Mr. Plummer: Can transportation be moved over to economic development?
Mr. Castaneda: Commissioner, as I said, the only thing that we can move over
is Carey Technical Institute.
Mayor Suarez: So the answer to his question is no, you don't think so.
Mr. Plummer: You're not helping me, Frank.
CAS 19 April 28, 1988
0
Mr. Castaneda: Carey Technical, that's the biggest help...
Mayor Suarez: But that's not what he asked you.
Mr. Plummer: Frank...
Mrs. Kennedy: It seems like a lot goes into transportation.
Mr. Plummer: ... well money I can't transfer over is going to come out of
administration.
Mr. Castaneda: You know, if you recall...
Mr. Plummer: You better help me, Frank.
Mr. Castaneda: If you recall last year, you know, we tried to make economic
development End World Hunger and we went into long discussions on that issue.
We called even Washington and it's still a social program.
Mr. Plummer: You'd better help me, Frank.
Mr. Castaneda: I can help you if...
Mayor Suarez: The organization that you're particularly concerned about is
the Cure AIDS Now.
Mr. Plummer: That's correct.
Mayor Suarez: And that is requesting funds, or necessitating funds at the
rate of how much per month, Frank?
Mr. Castaneda: As I understand, the $10,000 is for seven week period.
Mayor Suarez: At least at the level that we funded them before.
Ms. Francena Brooks: They've indicated to us that the $10,000 you allocated
at the last meeting two weeks ago would carry them for seven weeks.
Mayor Suarez: So we're saying basically...
Ms. Brooks: No, roughly to the end of June.
Mayor Suarez: ... what, $1400 a week or...
Ms. Brooks: Yes, about that. Do you have your calculator?
Mayor Suarez: ... $6,000 a month roughly. OK, that means that if we had
$23,000 available from the monies we can switch to economic development,
that's about four months.
Mr. Plummer: And thirteen in contingency.
Ms. Brooks (OFF MIKE): Well, it's really about, I'd say, yes, about four
months.
Mr. Dawkins: What other feeding programs did we not fund, Mr. Castaneda?
Mr. Plummer (OFF MIKE): There's thirteen in contingency.
Mr. Castaneda: Yes.
Mr. Dawkins: Mrs. Brooks...
Ms. Brooks: Yes.
Mr. Dawkins: ... what other feeding programs did we fund?
Ms. Brooks: OK, the ones that are included in the recommendation are those
that are currently funded but they are reduced by about 5.2 percent consistent
with the reduction.
CAS 20 April 28. 1988
0
Mr. Dawkins: All right if we find money for the AIDS program, I move that you
take all the feeding programs back up to 5 percent you cut it. Because if you
cut it, you're lying, you're not being realistic and when you go back and find
money some place else, so the only way I'll be voting with J.L.'s motion is
that you go back and restore all feeding programs by 5 percent that we cut it
since you're going...
Ms. Brooks: They were reduced by about $50,000 total.
(Applause)
Mr. Dawkins: Whatever it is, I don't care what it is, put it back.
Mr. Plummer: See, the problem we've got, Miller, we're boxed.
Mr. Dawkins: Is that we're playing favoritism, that's the problem we got.
Mr. Plummer: No, here's the problem, we're boxed in.
Mr. Dawkins: Yes, we are.
Mr. Plummer: Because we cannot, even if we wanted to, we can't take and put
more money than the one million six. That's where we're boxed.
Mr. Dawkins: I'm with you and I'm for feed giving... but Bob out here right
now, you know why he's taking what you're offering him? He can't get a damn
thing else.
Mr. Plummer: Yes.
Mr. Dawkins: It does not... all it does is come, am I lying? All it does is
compound your problem and I, see? So, if we're going to help him, let's give
him what you're going to give him but let's get together with him and try to
find what is needed to meet the need. Let's just don't sit here and have
everybody in the community think that we're helping Bob meet the need when
we're not.
Mr. Plummer: We're a band aid.
Mr. Dawkins: That's right, that's all we are, J.L. You know, let's say, all
right, we've got X number of dollars that we're going to give Bob - I mean,
not Bob, because it's not him, the Cure AIDS Program, to feed the people,
because they are hungry people and let's see how we're going to find the rest.
Mr. Plummer: Miller, my idea is simple, you know, if you can't eat cake, you
eat bread. But at least you eat. Well, hey, I'm fully in accord with what
Miller says. You say it's $50,000 to reinstate the food programs back to the
level of what they were before and we're talking about - the Mayor said to
take the Citywide Job Placement and put that over in economic development,
you've got $13,000 in contingency, that we give $34,800 to the Cure AIDS and
if it has to be, we take the $50,000 out of administration but you got to cut
somewhere to get under that level. You can't take out of administration and
transfer it over to social, you can't go you got to cut something in social.
Mayor Suarez: We're going to hear from groups that were not heard last time.
Mr. Bob Kunst (OFF MIKE): I promise a second.
Mayor Suarez: You've been heard every time actually but Commissioner Dawkins
wants to recognize you.
Mr. Kunst: Thanks very much. I'll make this very brief. Since my last
meeting here with you all, we've had three people die, two people in hospice,
one in the hospital, two are off the program including a four year old who
was...
Mr. Dawkins (OFF MIKE): That's the same thing you told me the last time.
Mr. Kunst: No, no, no, this is strictly since...
Mr. Dawkins: So that's two four year olds died then.
CAS 21 April 28, 1988
Mr. Kunst: No, no, no, no. This is not a...
Mr. Dawkins: OK, all right.
Mr. Kunst: Excuse me, Mr. Dawkins...
Mr. Dawkins: Go right ahead, sir.
Mr. Kunst: We got a two year old and two five year olds. The four year old
was taken away from the mother because she was prostituting and the kid was in
the room and we have eighteen new clients. We've also placed seven people in
housing, only two on the food program. So, in two weeks since the last time,
we've had 33 new situations of chaos. This is a 20 percent increase for us.
We are freaked out.
Mr. Plummer: Bob.
Mr. Kunst: And all we're talking about is food, this is not even the
administration of it.
Mr. Plummer: Bob, we're all aware...
Mr. Kunst: All right.
Mr. Plummer: ... that this is probably one of the worst problems that exists
today. We are fighting numbers and decreased dollars. Now, we're going to do
the best - I hope we're going to do the best we can, but we are under
guidelines that say you can't do X more than X. Now, you know, if I can get
you at this particular time, $34,000, that's 34 more than you had yesterday.
Mr. Kunst: Yes, we're very grateful, please...
Mr. Plummer: OK.
Mr. Kunst: ... I'm not here to complain, I just want to let you know what's
happening.
Mr. Plummer: Yes.
Mayor Suarez: Just watch out for momentum, as everyone else...
Mr. Kunst: OK.
Mayor Suarez: Actually 36 is what I figured to be right, 23 and 13?
Mr. Castaneda: No, it's 34,386, twenty-nine three eighty-six coming from this
coming year and 5,000 coming from last year.
Mr. Plummer: All right, is there a possibility, that you could take $50,000,
the round number that used, of the transportation and switch that over to some
other category?
Mr. Castaneda: Anything within the pot can be, you can do anything.
Mr. Plummer: I'm asking you, you are the expert!
Mayor Suarez: Yes, the answer is yes.
Mr. Plummer: So in other words, we can decrease by fifty, in a Citywide
transportation, and transfer that over to some other phase of a program.
Mr. Castaneda: Yes.
Mayor Suarez: You were heading in a direction of saying to restore then in a
food programs? What you are asking was $50,000?
Mr. Castaneda: Could you repeat the question, Mayor?
Mayor Suarez: I think the Commission heading... both Commissioners are
heading in the direction of wanting to restore the funding for the food
programs which you told us was $50,000 more needed? Am I wrong in that?
22 April 28, 1988
Ms. Brooks: Let me clarify something. When I said the $50,000, that was
$50,000 based on last year's funding.
Mayor Suarez: Right.
Ms. Brooks: But, I did not include $32,178 in carryover funds from the
previous year that was also included.
Mayor Suarez: So now instead of $50,000, you are telling us $82,0007
Ms. Brooks: So it is in reality Eighty two thousand one - about $83,000.
Mr. Plummer: How much, $83,000?
Mayor Suarez: Well, if we restored not the full... what was the percentage
that we had reduced, five percent?
Ms. Brooks: About 5.2, yes roughly 5.2.
Mayor Suarez: Whatever the equivalent of $50,000 is, that still gets them
awfully close to the 100 percent. Do you want to try that?
Mr. Plummer: Fine with me.
Mayor Suarez: And taking $50,000 from the transportation program, to bring
them back to about 98 percent, that is not bad.
Mayor Suarez: Well, I guess what I am really asking is, can you take $109,600
and transfer it from transportation to Economic Development and free up this
other money for the programs?
Mr. Plummer: How much... what is the maximum you feel you can take from
transportation? - transfer it over to Economic Development?
Mayor Suarez: None.
Mr. Castaneda: None.
Ms. Brooks: None.
Mr. Dawkins: Some of that transportation is the deliverance of food, isn't it?
Mr. Plummer: No, people.
Mr. Dawkins: What?
Mayor Suarez: People.
Ms. Brooks: People to food.
Mr. Dawkins: OK, let's hear from the good Republican, Ted Lyons.
Mr. Plummer: I didn't know there was such a thing as a good Republican!
Mr. Ted Lyons: I'm one for real!
Mr. Plummer: There is good people and there is Republicans, but I don't know
they go together!
Mr. Ted Lyons: Mr. Mayor, and Commissioners, I am the director of Carey
Technical Institute and as I said, I hear this barrage of "Let's grab the fat
and let's take it out of Carey Technical," and you know...
Mayor Suarez: But, we would fund you from Economic Development, would we not?
Mr. Plummer: We're just transfering the fat.
Mr. Castaneda: Right, what we will be discussing will be that we be moving
Carey Technical...
Mayor Suarez: You are the only program that we can characterize as being both
social service and economic development.
23 April 28, 1988
Mr. Castaneds: ... to Economic Development and that would reduce your
contingency to 51.
Mr. Dawkins: Sit down while you are ahead, Ted. Sit down while you are here.
Mr. Lyons: OK.
Mr. Dawkins: Sit down while you are ahead. Sit down while you are ahead!
Mr. Lyons: Well, I want to finish.
Mr. Dawkins: Well, OK, well all right, you just lost some momentum, that's
right
Mr. Lyons: Well, I would like to finish this, because...
Mr. Dawkins: But I am just telling you, you got momentum and you got your
money, now you are going to lose it.
Mr. Lyons: No, but I want to tell you what I want to do with the money.
Mr. Dawkins: All right, go ahead. We don't want to know what you want to do
with it!
Mr. Lyons: I got up here to make a statement.
Mr. Dawkins: Go right ahead. You lost my vote.
Mr. Lyons: Right, I understand that, but I would like to happen is, we have
bee appropriated $23,000 plus $60,000 over the next three years. The school
was robbed about three weeks ago and at the time of the robbery, we were
stripped of all of our instruments. We don't have any equipment at all. Our
computers were taken, and also our whole phone system. What we are requesting
is that the City appropriate the $69,000 in the fiscal year, in July, in the
beginning of the new fiscal year, plus the $23,000 that is already allocated,
and we hope that we can get that, and we'll wind up with a total of $92,000,
which would save the City about the balance, which was additional $203,000
that was granted to us, so we are just asking for $92,000; hopefully this
$23,000 now, and the $69,000 to be allocated to us on July 1st.
Mr. Plummer: So if you don't have any equipment, then you don't need any
money for training.
Mr. Lyons: Yes, sir, we do need that, but we...
Mr. Plummer: Well, what are you going to train them? You don't have
equipment.
Mr. Lyons: We have 200 students. We borrowed equipment from a school. We
have 200 students now and we are expecting another 150. We do...
Mr. Plummer: Where are you going to get the money from?
Mr. Lyons: Well, we...
Mr. Joaquin Obeso: May I say something?
Mr. Lyons: Yes.
Mr. Obeso: Good afternoon, Commissioners, Commissioner Plummer. My name is
Joaquin Obeso, I am the president of Carey Technical Institute. Our funds
come from Title IV funds, which are grants and guaranteed student loans.
That pays for training and it actually helps the overall school. The school is
a nonprofit organization in Liberty City. We came to the Commission back in
December of 187. The Commission approved us, at that time, $23,000, and they
were going to put us through the budget throughout the next three years for
$60,000. What we propose is to save the City some money. With the $23,000
that has been approved for this fiscal year, and if we can get approved an
additional $69,000. With the total of $92,000, we can get the necessary
equipment to get the school on its way. We are faced with a contract right now
that we are helping train welfare mothers and it does require additional
equipment that we need.
24 April 28, 1988
Mr. Plummer: I fail to see how you are saving me money by getting an
additional $60,000.
Mr. Obeso: Because we, as far as we would understand sir...
Mr. Lyons: Over three years.
Mr. Obeso: ... over three years, we were supposed to be in the budget for
$60,000, that is $180,000 throughout three years.
Mr. Plummer: I don't remember that.
Mr. Obeso: It was in the December meeting, air.
Mr. Lyons: Frank, do you remember?
Ms. Brooks: What was the question? I was talking.
Mr. Lyons: He said that he didn't remember the $60,000 over three years that
was allocated or recommended.
Ms. Brooks: I think... let me clarify what happened. When the $23,000 was
allocated some months ago, you recall we reallocated some money that an agency
in essence, deobligated. The agency had requested, I think a total of
$115,000. At the time, there was only the twenty some thousand available,
which you allocated to the agency, and had asked us to look, or help them try
to identify other funding, including Project Independence, which as it turns
out, was not a funding source, but a special initiative, using existing
funding to place welfare mothers and the like. And the agency was also
referred to come back to the CD planning process, OK? - which they have done.
Mr. Plummer: But we didn't make any commitment.
Ms. Brooks: You didn't say, I don't think you said, actually $20,000 a year,
or $60,000 over three years. No, not in those words, no, but you did, you
know, tell them to come back to this process to be considered as part of it.
Mr. Dawkins: And apply, come back and apply.
Ms. Brooks: Yes.
Mr. Plummer: And they are getting some allocation.
Ms. Brooks: We recommended... right, the current allocation minus the 5.2
reduction.
Mayor Suarez: I know that George Knox, were you back there hoping to be heard
on what we did last time, and we maybe had forgotten that we did it? Please
remind us.
Mr. George Knox: Thank you, Mr. Mayor and members of the Commission. The
Mayor was making reference to a meeting that was held on behalf of the Hope
Preschool in January of 1988. Essentially at that meeting, the Commission and
the Manager indicated that funds would somehow be made available for the
continued operation of the Hope Preschool at some level. This is a day care
facility. One of the things that the staff was instructed to do by
Commissioner Kennedy, was to prepare a report to the Commission concerning the
expenditure of $100,000, which was to have been devoted to paint up, fix up
and cleanup activities for day care centers. Our contention, or our plea is,
if there are funds available from that source, that they be reallocated from
those kinds of activities to direct service provisions, in order that Hope
Preschool specifically may operate in Fire Station Number 9, where they have
spent $200,000 of their own funds in renovation and they have a severe
shortage of children, so our request would be specifically that funds which
had previously been allocated for capital improvement...
Mayor Suarez: You said... you didn't say severe shortage of children?
Mr. Knox: No.
Mayor Suarez: Of money for the children in question.
25 April 28, 1988
Mr. Knox: Of money to sponsor children. Thank you, Mr. Mayor. That if there
are funds in this $100,000 allocation, that they be reallocated to the Hope
Preschool. For that sum of money, 50 children could be maintained for one year
at this facility.
Mrs. Kennedy: Just one question. Are you talking about taking money out of
our own day care centers?
Mr. Knox: I understand that there was money to be used for renovation and
some repairs.
Mrs. Kennedy: That we needed, renovations - dangerous renovations.
Mr. Knox: Then, you know, then maybe what we would be asking then, is to just
have a .. .
Mrs. Kennedy: Well, I definitely do not think that is the way to go.
Mayor Suarez: Is that from the fund?
Mr. Dawkins: All right, somebody tell me where to find $100,000, if that is
not the way to go. Anybody! Tell me where to find $100,000.
Mayor Suarez: How much was it, that you were short?
Mr. Knox: We made a request of staff - a subsistence, or survival level would
be somewhere around $100,000. Lay care is a very expense proposition and this
would represent an ability of this facility to take care of 50 children for
one year. Again, we understand that there is difficulty in finding a place
for day care and there are intellectual debates about the question of whether
or not this is a service to be provided for the City. What we are suggesting
however, is that this is a City resource that this organization undertook with
no guarantees, as Commissioner Plummer likes to point out, but the fact is
that there is zero funding from the City of Miami. The fact is that they are
attempting to engage in self help to receive funding by grant applications
that the City is assisting with. They occupy a City facility that they spent
enormous amounts of funds in order to renovate, and when you balance equity,
we are suggesting that number one, unless there is eminent danger to physical
safety that must be repaired on an emergency basis, then that is a pool that
could be looked at. Unless the City is completely satisfied that it ought to
do day care, then the question of whether or not it should use services such
as this, may be a question that would invite exploration.
Mayor Suarez: Actually, that is a Rood point because we have been asking our
staff to provide us with a comparison of what it cost us to run our own
programs and what it could done by others, and that's... we never have gotten
a definitive answer on that, so that we can make up our own policy
formulations. Madam Vice Mayor.
Mrs. Kennedy: Let me just point out some of the remodeling that needs to be
taken care of, and this is going back four months, or five months, when I
visited those child care centers. We are talking about roofs falling down, we
are talking about sinks not working, toilets out of order. You are talking
about 50 kids and only one toilet. These are the remodellings that we are
talking about, and that why I firmly believe that they are so necessary.
Mr. Knox: I understand completely. Now, the question then becomes whether or
not a relocation to a facility that has been recently remodeled and has all of
these fixtures and equipment that are in working order might be something to
consider. I guess ultimately, of course we are interested in funding from
some source, because we believe that that is a commitment the Commission made,
but as an alternative, it may be appropriate to simply revisit the question of
provision of child care, looking at resources, looking at facilities, looking
at the need, looking at the question of whether the City should do it itself,
and on behalf of the whole preschool. It is in a position to provide input
and to be designated or to compete, or participate in a process that would
either allow that designation for them, or eliminate them from consideration,
and that is all we are asking at this time.
Mrs. Kennedy: Well, let's have our Parks Department meet with you and come
back to this Commission with a recommendation, then, Mr. Manager.
26 April 28, 1986
Mr. Knox: Is there some kind of a reasonable time frame related to that?
Mrs. Kennedy: The first meeting in June, he says.
Mr. Knox: So, hopefully then, we are still not ruling out some way to provide
funding for this operation, and we will look for you in the first meeting of
June. Thank you so much, Mr. Mayor and members of the Commission.
Mr. Plummer: George, don't let me let you go away from that microphone. I've
got to rephrase your last statement. We are not ruling out the possibility of
looking for additional funds. At this time, the cupboard is bare and zero.
Mr. Knox: I understand.
Mayor Suarez: I'll be ready, if there is no other comments from the
Commission. Yes?
Mr. Knox: Just one more comment in another context. I'll take the pride of
having first employed Mr. Jorge Fernandez as an Assistant City Attorney, light
years ago, and I think that you made a wise choice, and I feel like a great -
great grandfather, since this is the fourth generation, in my lifetime with
City Attorney.
Mayor Suarez: You had no grey hair at the time, huh?
Mr. Plummer: You have gone from, a prodigal son to a grandfather.
Mayor Suarez: All right, I would be more than willing to entertain a motion
that would build in most of what has been stated here, allocating the Carey
Technical Institute monies over to Economic Development, and adding $13,000,
roughly, of discretionary... was it discretionary, or savings?
Mr. Castaneda: It is contingency funds available for social programs, which
is $7,582.
Mayor Suarez: You gave us a figure of $13,000.
Mr. Plummer: You gave us a figure of $13,000.
Mr. Castaneda: Right, right, but I want to...
Mayor Suarez: Whatever it was, whatever description it was, it was money
available.
Mr. Castaneda: It is $29,386, from the 14th year and-$5,000 of last year...
from this year.
Mr. Plummer: Well, what does that tell us?
Mayor Suarez: $34,000 total available.
Mr. Castaneda: $34,386.
Mr. Plummer: And that is moving that one program over to Economic
Development.
Mayor Suarez: That includes moving Carey Technical over to Economic
Development.
Mr. Castaneda: That is correct.
Mayor Suarez: OK, making that available, or granting that to the Cures AIDS
Now, taking $50,000 in reduction in administrative costs, and applying that
towards the food programs, bringing them close to 98 percent of prior funding,
no?
Mr. Plummer: You can't do that, that's the problem.
Mr. Castaneda: 50 percent is the cap.
27 April 28, 1988
r
Mayor Suarez: Leave that out then, and you are going to... yes, we are going
to have to hear from other groups. I know Commissioner De Yurre is going to
want to make a proposal on next.., or any funding... I am sorry, any savings
from this year to be applied to a program to be given highest priority. Madam
Vice Mayor.
Mrs. Kennedy: Yes, on page 30, Frank, it says target area of economic
development and physical improvement projects pool. We have $700,000
allocated for pools. This is just in the form of a question, because I don't
know, can we take $100,000, let's say, and put it into other areas? Is that
possible at all?
Mr. Castaneda: You can put it into any area other than social programming.
Mr. Plummer: See, you are locked, that is the problem.
Mrs. Kennedy: Oh, I see.
Mr. Dawkins: Are you taking Greater United up to $100,0007
Mr. Castaneda: I think that my recommendation was $50,000, and the board was
$100,000.
Mr. Plummer: But you have seventy-seven in contingency.
Mr. Castaneda: Now I have fifty-one one ninety-six.
Mr. Plummer: No, in Economic Development.
Mr. Castaneda: Right, but what is happening is, that once you move...
Mr. Plummer: OK, what is your contingency, how much?
Mr. Castaneda: $73,000, minus $21,804, which is the movement of Carey...
Mr. Plummer: Of Carey Technical.
Mrs. Kennedy: Of Carey Technical.
Mr. Castaneda: ... of Carey Technical out of the social...
Mr. Plummer: So, you have got that what remaining balance?
Mr. Castaneda: $51,196.
Mr. Plummer: I'll back you, Mr. Dawkins, in putting Miami United back up to
the $100,000.
Mayor Suarez: With the rest of discretionary funds, or you called it
contingency funds from Economic Development funding, the full of $100,000 for
Greater Miami United.
Mr. Dawkins: Moved by Dawkins, seconded by Plummer.
Mayor Suarez: Moved by Dawkins, seconded by Plummer. Do you want to...
Mr. Dawkins: (OFF MIKE) Is this the total of the whole package?
Mr. Plummer: No, this is not on the total package. We have got to find a way
to skin that $50,000.
Mr. De Yurre: OK.
Mayor Suarez: OK, are you just voting on that particular motion?
Mr. Plummer: Yes.
Mayor Suarez: OK, that is understood as a motion, and Vice Mayor,
Commissioner, call the roll on that motion.
28 April 28, 1988
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 88-370
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
BRING GREATER MIAMI UNITED BACK UP TO THE $100,000
LEVEL OF FUNDING, FROM THE REMAINING CONTINGENCY FUND
BALANCE, 14TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS (AS PER PROPOSED STAFF RECOMMENDATIONS); FURTHER
DIRECTING THE MANAGER TO TRANSFER MONIES PREVIOUSLY
ALLOCATED TO CAREY TECHNICAL INSTITUTE TO ECONOMIC
DEVELOPMENT.
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.
------------------------------------------------------------------------------
5.1 ALLOCATE $34,386 TO THE "CURE AIDS NOW PROGRAM" TO BE USED EXCLUSIVELY
FOR THEIR MEALS PROGRAM (SEE LABEL 7).
------------------------------------------------------------------------------
Mr. Plummer: I'll make motion at this time that that money freed up on the
Carey program, and the contingency balance fund, be made available to Cure
AIDS Now, with an explicit proviso it must be used for meals.
Mrs. Kennedy: Second.
Mayor Suarez: So moved and seconded.
Mr. De Yurre: What do you mean by meals?
Mr. Plummer: Meals.
Mr. De Yurre: Are we talking about transportation, getting it to...
Mr. Plummer: Well, of course, if you can't take it to them, you can't eat
it.
Mr. De Yurre: Well, if we have other programs here that specify that.
Mr. Plummer: Well, but I am not... what I am saying is, it is not used for
administration, it is not used for medical, it is not used for any of that, it
is to provide food and the delivery of food, if you want to...
Mr. De Yurre: No, no, as part of the administration, the individual that
drives over there gets paid?
Mr. Plummer: Sure.
Mr. De Yurre: So then...
Mr. Plummer: Whatever the transportation expenses.
Mr. De Yurre: You are including, or excluding that?
Mr. Plummer: No, including, the delivery and the meals.
Mr. De Yurre: OK, but no overhead for...
29 April 28, 1988
Mr. Plummer: No, no, nothing else.
Mayor Suarez: So understood. Do vcu have anv further comments from the
Commission? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-371
A MOTION DIRECTING THE CITY MANAGER TO ALLOCATE A
TOTAL OF $34,386 TO THE "CURE AIDS NOW PROGRAM," SAID
MONIES TO COME FROM THE FOLLOWING SOURCES:
(a) $21,804 FROM MONIES PREVIOUSLY ALLOCATED (AS PER
PROPOSED STAFF RECOMMENDATIONS) TO CAREY TECHNICAL
INSTITUTE;
(b) $7,582 FROM PUBLIC SERVICE CONTINGENCY FUND
BALANCE (AS PER PROPOSED STAFF RECOMMENDATIONS) FROM
14TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CBDG)
FUNDS ALLOCATION, AND
(c) $5,000 FROM MONIES CARRIED OVER FROM 13TH YEAR
PUBLIC SERVICE CCBG FUND BALANCE;
FURTHER STIPULATING THAT SAID MONIES ARE TO BE
EXCLUSIVELY USED FOR THEIR MEALS PROGRAM.
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.
5.2 ALLOCATE CARRYOVER BALANCE OF $25,000 TO ALLAPATTAH WYNWOOD COMMUNITY
DEVELOPMENT CENTER, INC.; FURTHER ALLOCATE $25,000, IF AVAILABLE, TO
ALLAPATTAH DEVELOPMENT AUTHORITY (SEE LABEL 7).
Mr. Plummer: Frank, we are $50,000 short. We are not short. We need $50,000
to transfer.
Mayor Suarez: Wait. Commissioner De Yurre.
Mr. De Yurre: Yes, Mr. Mayor, I think there are some people that have a
program they wanted to speak about for the Allapattah/Wynwood area, and if we
could listen to them at this point in time.
Mayor Suarez: We are going to listen to any group that has been left out,
don't worry about it, but if the Commissioner wants to recognize the
Allapattah/Wynwood group, and we'll get to you.
Mr. Benny Dawson: Metro Miami Action Plan, and please bring us back, Mr.
Mayor.
Mr. Guillermo Rodriguez: Mr. Mayor, Commissioners, my name is Guillermo
Rodriguez, I am with the group of... we are applying for a new, through the
community development. And it was endorsed by the board, and we are
requesting funds from the City. The neighborhood of Allapattah is a big
neighborhood. Over the years it has been very, very neglected by the City.
As you can see, 36th Street on 17th Avenue, that was at one point, it was
booming and a beautiful place to go shopping, and it became a ghost town, and
we have a situation on different places in Allapattah, and we are a group of
concerned merchants and citizens that we want to do something about it, and we
will not like that to happen to the same as 36th Street. We want to do
something for the area, and we are requesting funds from the City.
30 April 28, 1988
Mr. De Yurre: What is the name of your organization?
Mr. Rodriguez: OK, that is the Allapattah and Wynwood Community Development
Center.
Mr. De Yurre: OK, what are you asking for, and what are you proposing to do?
Mr. Rodriguez: OK, we are asking for $100,000, and we have a copy of our
proposal and what we intend to do. Copies are available for your review.
That is what we are requesting from the City of Miami. I think we should
point out that is a large area, and this Commission should consider our
request.
Mr. De Yurre: Frank, have you met with this group?
Mr. Castaneda: Yes, Commissioner.
Mr. De Yurre: What do you have to say about it?
Mr. Castaneda: Commissioners, as I said last year, we have historically been
against funding new organizations, basically because our funding has been
going down, you know, since 1983, has basically been going down, and every
time we fund a new organization, we have less money to go around, obviously.
Mr. De Yurre: How many organizations do we have in the Allapattah Wynwood
area?
Mr. Castaneda: In the Allapattah Wynwood area, you have one organization, and
that's the Allapattah Development Authority.
Mr. De Yurre: One only?
Mr. Castaneda: One only, that's correct.
Mr. De Yurre: How many do you have in Wynwood?
Mr. Castaneda: In Wynwood, you have one, in the Edison target area you have
three organizations.
Mr. Plummer (OFF MIKE): You have more than one.
Mayor Suarez: You have more than one in Wynwood.
Mr. Castaneda: Wynwood Economic Development Corporation, that is the only...
Mayor Suarez: Is that the elderly?
Mr. Dawkins: No.
Mr. Plummer: (OFF MIKE) That's the corporation. We are talking a lot more
money than that individually.
Mr. Castaneda: Oh, no, no, I am talking about Economic Development Groups. I
am talking about Economic Development Group. In the Wynwood area, we have
one, in the Edison area, we have the Northeast Miami Chamber of Commerce,
Little Haiti, and the new organization that was added last year was the
Biscayne Chamber of Commerce.
Mr. De Yurre: That was started last year?
Mr. Castaneda: Yes, Commissioner.
Mr. De Yurre: So we do get new ones periodically.
Mr. Castaneda: Well, yes, but as I said, I recommended against it last year.
Mr. De Yurre: What else do we have?
Mr. Castaneda: In Overtown we have Overtown Economic Development and New
Washington Heights, which are both being funded at a level of $50,000. In
Little Havana we have SBOC, and LHDA, Little Havana Development Authority, and
31 April 28, 1988
the Small Business Opportunity Center, and in Coconut Grove, we have one
organization, and that is the Coconut Grove Local Development Corporation.
They are all recommended for $50,000 a piece.
Mr. De Yurre: OK, well, weal] know the composure of the City from an
economic standpoint. We certainly know, and we stated here before that
Allapattah Wynwood is a area that we have been trying to work out for years,
to try to bring it up to where, you know, it is something that we can live
with. It seems to me that we need to put more emphasis into that area,
certainly, and just one corporation trying to do the task of blocks and blocks
of work that needs to be done there, certainly needs some help, and lord knows
they have been doing a good job, but you just can't do it all with one
company. It would seems to me that it would be prudent that we set up
additional corporations, and this certainly is one, that can give a lending
hand into that area. I'd certainly be one to promote that and foster that
situation.
Mr. G. Rodriguez: Excuse me, Commissioner. What we are trying to do, and one
of the plans that we have is to get the community involved and get the private
sector involved into this project that we have. We have a group of people,
people with a lot of knowledge in community development, people very
concerned, like I said, and this area, there is two development programs. I
don't believe Wynwood has one, Allapattah is one of the biggest communities in
the City, and I think we should be considered.
Mayor Suarez: Certainly it is one of the greatest areas of need in the City
at this particular point, as we have talked before, and I've talked with both
of the organizations and anyone, actually that is alive in kicking in
Allapattah is to be commended, because it is much needed.
Mr. De Yurre: Frank, you are saying, and it is my understanding this group
was approved by a majority of the members of the board?
Mr. Castaneda: Right, a poll was made after the last meeting and I believe
that eight of the ten of the members approved it. Ten members signed an
affidavit approving the project. It was not approved at the board meeting
itself...
Mayor Suarez: Ten out of how many? You were going to tell us eight out of
how many, and then you told us ten, but you didn't say out of how many. Was
it the entire board, or the ones that were present?
Mr. Castaneda: Twelve out of...
Mayor Suarez: Now it is twelve. It was eight, then ten, then twelve.
Mr. Castaneda: Seven, eight, nine, ten. (counting)
Mayor Suarez: You are testing our mathematics, right?
Mr. Castaneda: Ten, I'm sorry, ten, and seven did not sign.
Mr. Plummer: (OFF MIKE) Did that board also recommend what monies
give it to this organization?
Mr. Castaneda: As I said, the board's recommendation and ours was the same.
They were not present at the days that the board made a decision. They went
and they polled each individual member and they have ten signatures
recommending the project, but the project was not discussed...
Mr. Plummer: (OFF MIKE) I hear that the first time. They also recommended
where the money was going to taken from to give to this organization?
Mr. Castaneda: No, Commissioner.
Mr. Plummer: (OFF MIKE)I'd recommend them all!
Mayor Suarez: No, he is going to propose that it be from many savings at end
of this target year?
Mr. De Yurre: Well, I'd say that what I would like to see done with the OK of
the Commission is that any carryover money that remains unused, that it be
provided for this corporation to get started.
32 April 28, 1988
Mayor Suarez: You are talking about the 13th year?
Mr. De Yurre: The 13th, and whatever we have, you know, that we give some
priority to them, to get them the funding that they need.
Mayor Suarez: For any savings? Does that make any sense? We've done that in
the past, to make that kind of a motion, have we not?
Mr. Castaneds: You mean savings from the community base organizations, from
this particular year?
Mr. De Yurre: Well, like we had in the 13th, that's last year, right? Do we
have some money left over?
Mayor Suarez: 13th is the year we are involved in right now, isn't it, that
ends in June 30th?
Mrs. Kennedy: Yes, whatever carry-ons we have.
Mr. De Yurre: How much do you expect to have? I'm sure you got a ballpark
figure.
Mayor Suarez: It is hard to tell.
Mr. Campbell: It is hard to tell. Every agency tries to spend as much as
possible, and we try to keep them from spending as much possible. It is a
battle to see who wins.
Mayor Suarez: Whatever the amount is, that it be given a high priority to
this.
Mr. De Yurre: Up to a limit. No?
Mayor Suarez: Oh, yes, it is certainly within the fifty that they requested.
It is not going to exceed fifty, I don't think.
Mr. Mariano Cruz: I am the elected delegate of the Allapattah target area. I
would like to ask the City Attorney for an opinion. If you are a member of a
board, can you go to individual members and poll them, or do you have to have
it in public under the Sunshine Law of the State of Florida? Everything has
to be public?
Mrs. Dougherty: If it is a City board, yes.
Mr. Cruz: Right.
Mayor Suarez: No, wait, wait, because an individual can go and ask each one
of the board members if they want to sign a petition.
Mr. Cruz: Well, individual, but not member of the board.
Mayor Suarez: Members aren't supposed to.
Mr. Cruz: Well, but I received a letter here for information enclosing a
proposal from the Allapattah Wynwood Community and Development Center,
requesting $100.000. funding from the City. Mr. Heriberto Fonseca, a member
of the Community Development Advisory Board, conducted a poll of advisory
members, who would support this program. I have been at every meeting, and
never I was approached at the meeting in public, because that is the way that
you conduct business here, in public. So, I don't know that that...
Mayor Suarez: Well, if he did it by an open petition, I don't... by an open
in public petition, it would be like a Commissioner sending a memo to the
other Commissioners.
Mrs. Dougherty: Yes, that would be, you just cannot talk to each other.
Mr. Cruz: Well, but they say that they conducted polling.
Mayor Suarez: You could circulate a petition.
33 April 28, 1988
Mr. Cruz: Well, I didn't have env petition. See, clear everything.... that
is what I received a letter at home, and I knew from that.
Mayor Suarez: Are you going to hold us to the same standard as you are
holding this board?
Mr. Cruz: Well, I went to every meeting, and it was never mentioned in the
meetings. Mr. Fuentes went there and he mentioned something that he didn't go
any more, but that is all I see. And it is a violation of the law or
something, and there is a letter of Mr. Luis Sabines that he was quoted here,
and signed it. I think there is a copy around that says his signature was used
or something, so...
Mayor Suarez: Is there any issue of somebody's signature being on there that
didn't sign, Frank?
Mr. Castaneda: There is a letter that was submitted by Luis Sabines. He had
acknowledges signing it.
Mr. Plummer: Is it in Spanish?
Mayor Suarez: What does it say? What is the thrust of it?
Mr. Odio: "I would like to take this opportunity to inform you that I was
misguided when I expressed my support to Allapattah and Wynwood Development
Center Incorporated. That support was expressed in a document signed by
several other members of the Community Development Advisory Board of the City
of Miami. My true belief concerning this issue is that no other community
based organization should be funded by the City of Miami in the Allapattah
area, since for many years this target area has had the excellent expertise of
the Allapattah Business Development Authority. This administration has met
the diverse and comprehensive needs of the Allapattah target area under the
guidance of Mr. Orlando Urra. I would appreciate that this clarification be
included in your records."... (signed) Luis Sabines, president.
Mayor Suarez: So ordered into the record.
Mr. Plummer: Well, that doesn't mean... That is not fraud!
Mayor Suarez: No, that is not fraud. He is just saying that he maybe was
misguided, quote, unquote.
Mr. Odio: He said that he signed...
Mayor Suarez: Why don't you have it introduced into the record?
Mr. G. Rodriguez: Excuse me, Mr. Mayor.
Mayor Suarez: I am not too concerned about that. I don't think Commissioner
Plummer is, and I don't think Commissioner De Yurre is, so I wouldn't even
address that.
Mr. De Yurre: There is a move on to other things. I would like, as part of
the motion, to approve the whole package, that we provide up to $50,000 from
any carryover that we have available this year.
Mayor Suarez: So moved. I'll second.
Mr. Dawkins: What's the motion?
Mayor Suarez: That carryover from this year be applied first to the... is it
Allapattah/Wynwood?
Mr. G. Rodriguez: Yes.
Mr. Dawkins: Fine, the only thing I need now is some guidelines, OK? Now,
you have a CDC in Allapattah, all right? Now, and we have got another... we
are funding another, which I am in favor of us, another CDC. Now, how are you
going to divide it, what is going to be the guidelines? What is going to be
the area for each CDC?
Mrs. Kennedy: Whatever this Commission decides, I guess.
34 April 28, 1988
Mayor Suarez: Does that create a problem, that two are in one geographical
area, Frank?
Mr. Plummer: Then they get in competition.
Mr. Dawkins: That's right.
Mayor Suarez: We have more than two in other areas. I don't see why it
should.
Mr. Bill Prieto: Mayor, Commissioners, I just would like to let you know that
the recommendation as given by the Community is to cut off our organization
$25,000.
Mayor Suarez: From what to what?
Mr. Prieto: $75,000. Remember when AMA, Allapattah Merchants Association
stopped servicing the Allapattah area last year, you increased $25,000 to us,
saving the taxpayers $25,000 by not opening a second CBO.
Mayor Suarez: Because you were combining two.
Mr. Prieto: And that is right, and at this moment they are recommended to cut
off $25,000 from us, which means we have to lay off one person.
Mayor Suarez: From $75,000 to $50,000, is that... 7
Mr. Prieto: And we have... I beg your pardon?
Mayor Suarez: Am I getting the numbers right? From $75,000 last year to
$50,000?
Mr. Castaneda: We are recommending all the community based organizations,
Greater Miami United, all the CBO's, at $50,000.
Mayor Suarez: I see.
Mr. Dawkins: Frank, what are the boundaries to Allapattah?
Mr. Prieto: And as I say, I just... I would like to agree with Commissioner
De Yurre, nobody should be cut in any way, and I thank you for that.
Mr. Dawkins: OK, Frank, what are the boundaries for Allapattah? From what to
what? What is the south boundary and the north boundary?
Mr. Castaneda: The boundary on the east is the I-95 expressway. On the north
it is the airport expressway.
Mr. Dawkins: Airport expressway.
Mr. Castaneda: On the west is the City of Miami limits, and in the south is
basically the Miami River and the east/west expressway.
Mr. Dawkins: Miami River, OK, so we are going from the Miami River to the
Airport Expressway.
Mr. Castaneda: That's correct.
Mr. Dawkins: So we are going basically from SW loth Street...
Mayor Suarez: Northwest.
Mr. Dawkins: NW loth Street to NW 36th Street.
Mayor Suarez: Right.
Mr. Castaneda: That's correct.
Mr. Dawkins: NW 41st Street. Is that right?
Mr. Castaneda: Basically.
35 April 26, 1988
Mr. G. Rodriguez: That is correct.
Mr. Dawkins: Now, in my opinion, this is just my opinion, we should cut this
in half, so that when we start talking about economic development, and we
start talking about development, we can hold somebody accountable. There is no
sense in us having this group applying for funds... I am just going to take an
imaginary line in the 36th Street area, and another group applying for funds
in the 20th Street area, and then we are deciding which one to give it to, to
see what to do. Now, by the same token, you've got a Wynwood Development, and
I am in complete accord with that. We need all the CDC's we can get, but we
also need some boundaries, so you will know what Wynwood is responsible for,
and what the CDC that they are responsible for. Now, that is just my opinion.
I don't know how you guys... now maybe you guys feel all of them can work
together. I don't think so.
Mr. Castaneda: Well, I guess what we would do if they are funded by the
Commission is sit down the three community based organizations, to divide an
area...
Mr. Dawkins: That's all I need.
Mr. De Yurre: It's is going to make people accountable for what they are
getting, and for what they are going to be providing, and there is a
commitment there, so we have got to make sure we have the vehicle to hold
people accountable and corporations accountable, and that's your job.
Mr. Castaneda: We will sit down and divide the area.
Mr. De Yurre: OK. They can compete with each other.
Mr. G. Rodriguez: That's good.
Mr. De Yurre: And everybody wins out.
Mayor Suarez: It worries me that they managed to combine two community based
organizations into one, and that's why we allocated $75,000 last year, and now
we are reducing them to $50,000.
Mr. Dawkins: And somebody... I'm sorry, Mr. Mayor.
Mayor Suarez: No, I was just going to say, if Commissioner De Yurre wanted
to make his motion that the first $25,000 that become available would be to
Allapattah Wynwood, then the next $25,000 to theirs, I would have a much
easier time voting for it that way, and then the next $25,000, we could always
turn around and...
Mr. Dawkins: Under discussion, I was outside, did I hear him say that we got
two or three CDC's in Overtown?
Mr. De Yurre: He mentioned three.
Mayor Suarez: I think he listed... how many did you list?
Mr. Dawkins: Frank?
Mayor Suarez: How many did you list in Overtown?
Mr. Castaneda: Yes, Commissioner?
Mr. Dawkins: How many CDC's we have in Overtown?
Mr. Castaneda: We have two Overtown Economic Development Corporation and New
Washington Heights.
Ms. Ann Marie Adker: I wish to differ.
Mrs. Kennedy: I also, Mr. Mayor, would like to hear from Bill Rios, before
we take any vote.
36 April 28, 1988
Mr. Castaneda: I'm sorry, I'm sorry, St. John's and New Washington Heights.
I am sorry.
Mr. Dawkins: Well, what about the ODC, Overtown, whatever that was? What
happened to that?
Ms. Adker: It is not funded.
Mr. Castaneda: They are not funded.
Ms. Adker: But the funds that are being given New Washington Heights, does
not service Overtown. Their project is downtown, so we have one community
based organization in Overtown.
Mr. Dawkins: OK, well, we will see about getting it funded by the DDA.
Mr. Bill Rios: Mr. Mayor, Commissioners, my name is Bill Rios, I am with the
Wynwood Community Economic Development Corporation. I really have a couple of
concerns. One is that the name of this new organization might bring on some
confusion, since they tried to incorporate two target areas, two Federal
target areas, which are designated, some by natural boundaries, and some by
some specific boundaries relative to Federal guidelines. That is one. Number
two, we really don't know the... as far as I am concerned, I am not aware of
the intent of this new organization. Could be that their intent is to provide
social service related services, and I am not aware...
Mayor Suarez: Yes, their intent is, just like your organization's intent is
expressed in a series of documents that they have presented to our Community
Development Department.
Mr. Rios: Well, I think what we are going to have is...
Mayor Suarez: You can welcome to look through all of those, Bill.
Mr. Rios: I think that I am concerned primarily with the confusion about
names, one is Allapattah, one is Wynwood.
Mayor Suarez: That's a very valid point.
Mr. Rios: 1 think that maybe we should... I mean, I don't mind them being
funded, but let them, you know, find a name that is relative to what they are
going to either undertake, or the area that they are going to represent, but
certainly they are trying to incorporate far too many areas under one name
cap.
Mayor Suarez: Well, there is a boundary between the two areas that is not all
that clear in many people's minds, and so...
Mr. Rios: And it is a natural boundary. We are talking about I-95.
Mr. Dawkins: Well, that's why I tried to get some boundaries. It is nothing,
I mean, I don't think anybody in here, over here, is hung up with the name.
Mr. Rios: No.
Mr. Dawkins: We could call them Midtown CDC, they could care less, as long as
they got the money with which to develop the area, that is their concern.
They don't care what the name is...
Mayor Suarez: Right.
Mr. Dawkins: ... as long as they are funded.
Mayor Suarez: The name is not the most crucial thing.
Mr. De Yurre: I think we have to deal with the economics right now, today
here, and then we can work that out. I don't think that would be any problem.
Mr. Rios: Right, and for the record, I'd like to inform Commissioner De Yurre
and the new group that there is an organization in Wynwood called Wynwood
Community Development Corp.. Thank you.
37 April 28, 1988
Mayor Suarez: We are aware of that.
Mr. De Yurre: OK, thank you. OK, Mr. Mayor, you say the first $25,000 to the
Allapattah/Wynwood group and second $25,000 back over...
Mr. Dawkins: Get them off the ground and we'll, you know, if we get that
money, we'll hold you to the task of doing something effective with it, as we
have always done with every other group.
Mr. De Yurre: We're talking $25,000 here, $25,000 there, then if there is
anything over the $50,000, up to $75,000, then they get the next $25,000.
Mayor Suarez: I would say anything over $50,000, we come back and reconsider.
I don't envision they will have anything over $50,000.
Mr. Castaneda: Commissioner, we're are looking at a pot of...
Mayor Suarez: I can't imagine that we'd ever have more than $50,000
available.
Mr. Castaneda: Right. No, I would be surprised if you have that kind of
money, because what we have is 12 CBO's at...
Mayor Suarez: So, you are saying that scenario...
Mr. Castaneda: ... $50,000, would be $600,000.
Mayor Suarez: You are saying that scenario would not take place, though.
Mr. Dawkins: We get $700,000 in H'D money, don't we?
Mr. Castaneda: I'm sorry, Commissioner?
Mr. Dawkins: We get $700,000 from HUD?
Mr. Castaneda: $700,000 from HUD for what?
Mr. Dawkins: Yes, for CD and whole housing and what have you, and economic
development and what have you.
Mr. Castaneda: I'm sorry, Commissioner.
Mr. Dawkins: OK, I will go to my office and get it in a few minutes so that
we all know what I am talking about in a few minutes. No problem.
Mayor Suarez: OK. Did you change the motion? I'll change my second.
Mr. Plummer: Well, let me understand what we are saying, we are talking about
any monies that would be carryover, or contingency up to and not to exceed
$50,000. A dollar would be given to this organization, and a dollar
additional would be given to this organization
Mr. De Yurre: The first $25,000 goes here, and then after that, they get the
next $25,000... up to the next $25,000.
Mr. Prieto: Excuse me, but if you cut off $25,000, sharp, from us at this
moment, it means that we have to lay off a person over there. We are not going
to be able to print a directory of Allapattah, and we are going to be cut in
many ways. In other words, we are going to be working with our hands tied up
to our backs, and the idea is to improve the area, not to destroy the area,
and if you got two organizations working side by side, or both got the same
thing, or the one that is working, at this very moment, could have stayed as
it is. We are not asking for an increase in our budget, we are asking to stay
as we are.
Mayor Suarez: But, the Commissioner was right, I think, when he is getting at
the point - Commissioner Dawkins, that we have, and I think you are going to
be applying for more than one housing program that we are going to be trying
to carry out in Allapattah and as such, hopefully, we can find additional
funds for you, from HUD, for example, or from...
Mr. Prieto: I understand, but by applying doesn't mean that...
38 April 28, 1988
0
Mayor Suarez: I know of more projects which you are putting together, which
sounds like a very good project.
Mr. Prieto: By applying doesn't mean that we have it. By applying doesn't
mean that we have it, because we have applied many times before and we have go
with empty hand.
Mayor Suarez: This motion doesn't mean we have it either, because it is just
a contingency motion, really.
Mr. Prieto: The only thing we are asking at this moment is, to leave us as we
are. I believe you are happy with the service we have done to the City, not
only to Allapattah. Just recently, we just gave the City of Miami $18,000,000
in its public relations through the United States, and that only cost
the City few bucks, and we gave for that. We have changed the image of
Allapattah. At this very moment, we are working on 36th Street and 17th,
and...
Mayor Suarez: I would agree that it would be almost impossible for you to
function with $50,000, and I know I'll do anything within my power to improve
that.
Mr. Plummer: You see, that is my area of concern. If they can't operate on
$50,000, how is this group going to do anything with $25,000?
Mayor Suarez: They are going to get started.
Mr. Plummer: Well, yes, but you see, that $25,000 is going to accumulate over
the year and at best, they are only talking about $2,000 a month. What the
hell can you do today? You can't open an office for $2,000 a month.
Mr. De Yurre: It is going to take a lot of creativity, but I'm sure he would
get the support to get it going. The thing is that we need more than one
group, Allapattah is too big an area for just one group. Certainly, we need
to like, in other areas, you know, Liberty City, they need all the help they
can get there too. If we can get more people involved in the process, I think
it is that much the better.
Mr. Dawkins: What about... what I was talking about, Frank, is a mini UDAG,
what is that money supposed to be used for? - the mini UDAG money.
Mr. Castaneda: That is used for, it is a pool of $700,000. I believe that is
the allocation we have here. It is a group for nonprofit and for profit
entities in the target area...
Mr. Dawkins: How much is it?
Mr. Castaneda: I believe it is $700,000.
Mr. Dawkins: Well, how much did we spend last year, out of the $700,000?
Mr. Plummer: Can I see their proposal? I haven't even seen it.
Mr. Dawkins: What is it, what did we spend?
Mr. Castaneda: We have spent $300,000.
Mr. G. Rodriguez: Do you need a copy?
Mr. Plummer: Yes, please, I haven't seen... you know, this is the first I've
even heard about it.
Mr. Dawkins: Say what now?
Mr. Castaneda: We have spent $300,000.
Mr. Dawkins: Out of the $700,000?
Mr. Castaneda: Right, but we are having right now, we are receiving proposals
right now, for this round. Basically, that goes to a committee, and then we
bring it to the City Commission.
39 April 28, 1988
Mr. Dawkins: It would create no problem to take $100,000 from that to fund
the CD's, right?
Mr. Castaneds: You could do that.
Mr. Dawkins: OK, we will get to that later. I just wanted to... (INAUDIBLE,
OFF MIKE)
Mrs. Kennedy: OK, any further discussion from this Commission?
Mr. Plummer: Well, yes, I will vote favorablv for the motion, with this
proviso - I've not seen your program, this is the first I have seen of it -
that we allocate this money to this group, not to exceed $25,000, but that no
monies will be forth -going to them, until this Commission has seen and
approved what they will do with that $25,000. Now, I...
Mrs. Kennedy: Does the maker of the motion accept that?
Mr. De Yurre: That's fine.
Mr. Plummer: You see my problem, and I am going to be honest with you, all
right? My problem is that based on your predicate of $100,000 in your
request, 65 percent is salary.
Mr. Guillermo Rodriguez: That is manpower. Everything you do is manpower.
Mr. Plummer: That's salaries, OK? It actually is more than that when you add
the FICA, the Workmens Comp and the unemployment. It then comes up closer to
about 70 percent of your request of $100,000, is salaries or people. Now, the
question is, and the reason that I will vote favorably with that proviso as
amended, is I am not going to vote for a program that is 70 percent salaries,
so when you come back here with the $25,000 program and you allocate what you
are going to do, don't show me 70 percent for salaries, because I won't vote
for it personally.
Mrs. Kennedy: OK, there is no further discussion? Call the roll.
Mr. Prieto: Can I ask a question before you take a vote, because I am a little
bit confused about the $75,000 in our budget. Are we going to keep $75,000 in
our budget, or...?
Mr. Plummer: No, you will keep $50,000, and if in fact, there are carryover
monies, they will get the first $25,000, and anything above that, you will get
up to $25,000 more, which in all practicality, means you are not going to get
any more, because I can't imagine there is going to be more than $25,000 in
carryovers.
Mr. Prieto: Now, how can we really work at this very moment, if you cut off
$25,000 from us, because...
Mr. Plummer: Well, you have known about it for some time.
Mr. Prieto: .. I see it as a cutting off from our organization and giving it
to them.
Mayor Suarez: Well, they are not... as of now, they might not get anything.
It depends if there is any agency of the one funded last year that have
savings, That is the only contingency by which they are going to get anything
at all.
Mr. Plummer: They could wind up with nothing, and the maximum is $25,000.
Now, that is subject to this Commission approving whatever their program is
for $25,000. I would voice to you that if that program does not meet with my
approval, then the $25,000 would go to you.
Mr. Prieto: Thank you.
Mr. Plummer: I'm only speaking for one.
Mrs. Kennedy: All right, call the roll.
40 April 28, 1988
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 88-372
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ALLOCATE THE FIRST S25,000 FROM THE REMAINING
CARRYOVER BALANCE OF 1?TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS TO ALLAPATTAH WYNWOOD COMMUNITY
DEVELOPMENT CENTER, INC.; THE SECOND S25,0O0 (OF
REMAINING MONIES, IF ANY) TO THE ALLAPATTAH
DEVELOPMENT AUTHORITY; FURTHER STIPULATING THAT NO
MONIES SHALL BE DISBURSED TO SAID GROUPS UNTIL THE
CITY COMMISSION HAS RECEIVED, AND APPROVED A TOTAL
BREAKDOWN OF THEIR PROPOSED PROGRAMS.
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.
5.3 ALLOCATE $1O,000 TO METRO-MIAMI PLAN (MMAP) (SEE LABEL 7).
Mayor Suarez: Did you complete the roll? MAPP, please.
Mr. Benny Dawson: Thank you, Mr. Mayor. First of all, I would like to clear
up two points. My name is Benny Dawson and I am here representing Dr. Larry
Capp. I'd like to clear up two points that was asked by both Commissioner
Dawkins and Commissioner Plummer, and that was, what kind of organization was
MAPP. MAPP is both a social service and a economic development organization.
If we had to put a percentage on it, Mr. Plummer, and Mr. Dawkins, we would
say that the organization is about 65 percent economic development and about
35 percent social service. We only have one component, really, that is all
social service, and most of the other ones have economic development in them.
MAPP was funded last year from the Community Development administrative funds,
at a level of 70 percent. We also received 20 percent of our funding last
year from the general fund. The only thing that we ask you to do today, is to
keep the two staff members that we currently have at MAPP working with MAPP,
and we did not get a clear understanding as to whether or not that was the
situation.
Mr. Plummer: Frank, have we got them included for the two staff?
Mr. Castaneda: They are not included.
Mr. Plummer: Why not?
Mr. Castaneda: They are not included. We do not feel that Metro Miami Action
Plan is an effective conduit for economic development, to tell you the truth,
Commissioner.
Mr. Plummer: You know, that is fine for you to stand up there and say, but as
an elected official, just after the riots, they stand up and throw rocks at
me, not at you. And that is what this whole thing was about, and I think that
where we don't have to put out hard cash, we have...
Mr. Castaneda: It is hard cash.
Mr. Plummer: Well, it is hard cash, but it is in the area of employee.
41 April 28, 1988
Mrs. Kennedy: This is two City employees, really
Mr. Plummer: Mr. Mayor, I would likf, to move that we continue to staff MAPP
with two employees as we have before, and we leave it up to Frank to determine
from where those funds will come to }ay those twc emplovees. I so move.
Mrs. Kennedy: Second.
Mayor Suarez: So moved, seconded. Discussion, Commissioner De Yurre.
Mr. Castaneda: If, you know, if that is what you want to do, I would like to
do two things. One, it would be to allocate, I believe that the amount that
those two employees receive is approximately $100,000, but it would be
basically to cover those two employees, and nothing else. As an economic
development activity, I would also like to sit down with MAPP to make sure
that their activities are done in such a way that it qualifies as an economic
development project. I don't want HUD coming down to me and telling me that
it is...
Mr. Plummer: They've got to understand that that is where the money is coming
from and that they have to comply with whatever we have got to comply with.
That's included in the motion.
Mr. Castaneda: Fine, so we ill be allocating $100,000.
Mr. Plummer: We will be allocating two employees and you shall find where
that money is coming from.
Mr. Castaneda: In order to do that, it is going to be $100,000...
Mr. Plummer: Not to exceed $100,000.
Mr. Castaneda: Not to exceed $100,000.
Mr. Plummer: Not to exceed $100,000.
Mr. Castaneda: And to reduce that from the pool of $700,000 to $600,000.
Mr. Plummer: That's fine.
Mr. De Yurre: Frank, I have a question. We are talking about giving two City
employees like it has been done in the past.
Mr. Plummer: Yes.
Mr. De Yurre: Now, when we give two City employees, we give salary plus all
the fringes that we have here in the City.
Mr. Castaneda: Yes, Commissioner.
Mr. De Yurre: Is there any way, if it is possible, I don't know, I am just
asking the question, that as opposed to just giving these, you know paying
$80,000 worth of salaries and fringes, that we could give less, if they were
to hire their own, and give them the money to pay for two individuals? Maybe
we can save the fringes, or something along those lines. Maybe that is
another $20,000 you could save, maybe.
Mr. Plummer: I just really would like to have the continuity to continue as
it has in the past. That's... you know, 1 understand your trying to save a
few bucks, but I don't know that that is really possible.
Mr. De Yurre: Couldn't they just hire the individuals, directly?
Mr. Plummer: Continue the ones that are there?
Mr. De Yurre: Yes. Throwing it out for food for thought.
Mayor Suarez: OK, we have a motion and a second. Any further discussion?
Call the roll.
42 April 28, 1988
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-373
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ALLOCATE AN AMOUNT NOT TO EXCEED $100,000 TO METRO-
MIAMI ACTION PLAN (MMAP) AS AN ECONOMIC DEVELOPMENT
ACTIVITY, IN ORDER TO CONTINUE TO ASSIST THEM WITH THE
SERVICE OF TWO CITY EMPLOYEES, LEAVING IT UP TO THE
DEPARTMENT OF COMMUNITY DEVELOPMENT TO IDENTIFY AN
APPROPRIATE SOURCE OF FUNDING FOR SAID STAFFING;
FURTHER STIPULATING HOWEVER, THAT THESE AMOUNTS SHALL
REDUCE THE APPROXIMATE PRESENT TOTAL OF $700,000 IN
CDBG FUNDS; FURTHER REQUESTING THE MANAGER TO ENSURE
THAT THE ACTIVITIES TO BE PERFORMED BY MMAP WILL
QUALIFY UNDER THE ECONOMIC DEVELOPMENT CATEGORY.
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.
Mayor Suarez: And I do like your orientation you were saying possibly for
next year. We've got to make it more lean and mean operation.
Mr. Plummer: Leaner, but not meaner.
Mr. De Yurre: If they get lean enough, they will get real mean!
Mayor Suarez: Because otherwise, this City's going to get so lean, there
won't be any meanness left to what we have got left to do here.
------------------------------------------------------------------------------
5.4 A. DISCUSSION OF REQUEST BY METHODIST COMMUNITY CENTER. B. PLACE
"CENTRO MATER" ON A PRIORITY LIST FOR POSSIBLE FUTURE ALLOCATION OF
FUNDS - ASSIGN SECOND POSITION (SEE LABEL 7).
------------------------------------------------------------------------------
Ms. Anatolia Patino: Mayor and Commissioners, good afternoon. My name is
Anatolia Patino. I live behind of the Methodist Community Center, that means
the First Methodist Church in downtown. We have the program for the senior
citizens and we serve approximately 135 meals daily. Our pastor sent a
letter to Mr. Castaneda, which I sent a copy to all of you, requesting $15,000
for this year and I found that we were cut.
Mr. Plummer: Excuse me, Ma'am, which program are you talking?
Ms. Patino: Methodist Center, at First Methodist Church of Miami..
Mr. Plummer: You are not cut.
Ms. Patino: We were requesting $15,000 for this year.
Mr. Plummer: Ma'am, the only cut that you took is the same one that everybody
else took.
Ms. Patino: Yes, I understand. I understand that, and we have been receiving
for the past seven years, $10,000 and with the donations we come to what we
need. But even though we are requesting from the City $15,000, we are going to
be short and we hope to get $10,000 from donations. That is what we
respectfully request the $15,000 from the City, because we have been...
43 April 28, 1988
Mr. Plummer: Are you arguing about $2247
Me. Patino: What? No, they are recommended for $9,000.
Mr. Plummer: No, Ma'am, $9,776.
Ms. Patino: Yes.
Mr. Plummer: That is $224 less than what you got last year.
Ms. Patino: Last year, yes, but we were requesting for this year $15,000,
because we are really in need. We never ask. Always when you said that you
were cutting, we accepted, because we get donations from people, but this year
we didn't get any donations because people have no money, and we would like to
continue helping the people in downtown.
Mr. Plummer: And neither do we.
Ms. Patino: Yes, but I don't consider that $15,000 is... we are requesting
$5,000 more, please. We need it badly.
Mr. Plummer: I strongly suggest that you take your $9,700, and go home.
Ms. Patino: Please reconsider. You say that your priority is meals, and we
are serving meals for the people in downtown that have no facilities to cook
in the rooms where they live at. It is the first time that we are pleading,
please to increase $5,000. That's up to you.
Mr. Plummer: Next.
Ms. Miriam Roman: My name is Miriam Roman, I represent Centro Meter, 418 SW
1st Avenue, and I just like to make a statement that Centro Meter is going to
be cut not 5.4, but 26 percent, because last year we received $70,000 from
Community Development and $20,000 from unused funds. That cut will represent
more than $23,000, and it very big impact in our program, now that the day
care centers have such a big crisis. So I would like that you show any other
way that we can receive those needed funds for our children.
Mayor Suarez: So instead of 5.4 percent, you are being cut what percent,
Miriam?
Ms. Roman: About 26 percent, because...
Mayor Suarez: Because you are comparing to when you used to have General
Revenue Sharing?
Ms. Roman: Because last year we received a total of $90,000, but the cut has
been over $70,000.
Mr. Castaneda: (OFF MIKE) We cut all the agencies 5% from what they received
the previous year from the allocation. They also received $20,000 from
carryover, but the Commission has not made any decision on the carryover.
That will be coming on October 1st.
Ms. Roman: Well, if any carryover can be applied to our program to...
Mayor Suarez: I'm confused, the carryover funds you refer to are not the same
as the carryover funds we just voted in...
Mr. Castaneda: No, those are carryover funds that we have on hand.
Commissioners, last year, in the month of September, you allocated the
carryover funds from the previous year. What you did at that time was you
allocated 432,178 to Miami Jewish Home and Hospital for the Aged, $20,000 for
Centro Meter Child Care, $2,265 for the Association for The Useful Aged, and
63,8S0 for the Lions Home For The Blind, for a total of 6S8,293. Obviously,
we do not know what the carryover fund will be at this time.
Mayor Suarez: Oh, from the social services portion of it.
Mr. Castaneda: Right.
44 April 28, 1988
Mayor Suarez: Oh, I see.
No. Roman: What we would like is this $23,000 can be allocated as a priority
from those funds for the coming year.
Mayor Suarez: I would entertain a motion to that effect.
Mrs. Kennedy: I so move.
Mayor Suarez: Moved. Do we have a second?
Mr. Plummer: I have no problem with that.
Mrs. Kennedy: He seconds.
Mayor Suarez: We have a motion.
Mr. Plummer: Carry over from social services go to Centro Mater.
Mayor Suarez: First twenty-three.
Mr. Dawkins (OFF MIKE): Centro what?
Mayor Suarez: We have a motion and a second, understood? Commissioners call
the roll.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 88-374
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
PLACE CENTRO HATER ON A PRIORITY LIST FOR POSSIBLE
FUTURE ALLOCATION OF FUNDS, IF ANY CARRYOVER MONIES
ARE AVAILABLE OUT OF 13TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS PREVIOUSLY DESIGNATED FOR SOCIAL
SERVICE PROGRAMS; FURTHER ASSIGNING CENTRO MATER
SECOND POSITION ON SAID PRIORITY LIST. (NOTE: Centro
Mater was requesting $23,000).
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.
Mayor Suarez: Go and sin no more.
45 April Zs, 1986
5.5 PLACE 'SAN JUAN DE PUERTO RICO DAY CARE CENTER" ON A PRIORITY LIST FOR
POSSIBLE FUTURE ALLOCATION OF FUNDS - ASSIGN THIRD POSITION (SEE LABEL
7).
Ms. Maggie Mirabal: I won't take much of your time. Centro San Juan, I
represent Centro San Juan with sisters Ana Louisa Borja, Sister Elsie and we
are here because we have been cut. How can you cut a program that receives so
little and we need so much?
Mayor Suarez: How much were you cut?
Ms. Mirabal: Quite a few, a few thousand dollars but let me tell you, Mr.
Mayor...
Mayor Suarez: No, I mean, is the percentage the same as all the other ones,
Frank?
Ms. Mirabal: Well, find out the percentage; the same, 5 percent. Not 5
percent, five cents for us, you know, is terrible. We have a waiting list of
2,000 children and we have a crisis in day care and after school care. So how
can you cut anything from a program that needs so much? I was hoping to
ask...
Mayor Suarez: That's the right question but you have to ask that from the
federal government, not us.
Ms. Mirabal: Well, I'm here.
Mayor Suarez: We're only distributing it to the best of our abilities.
Ms. Mirabal: I know... well, but I'm here and I have to ask you people not
them. So...
Mayor Suarez: I know and we'll relay your concern and your question phrased
that way to the federal government.
Ms. Mirabal: No, I know you want, but, I mean, I'm asking you people for not
to cut this amount of money for Centro San Juan which we needed so badly. I
hope that the other Commissioner because they left, I don't know whether they
are going home or they're coming back or we're talking only to you, Mr.
Mayor...
Mrs. Kennedy (OFF MIKE): No, I'm here too.
Mayor Suarez: Madam Vice Mayor.
Ms. Mirabal: ... and with you, we need a count or whatever we need, but
definite we need that money and even more. But we know how short you are of
money so...
Mayor Suarez: That's the problem, we...
Ms. Mirabal: Just the cut.
Mayor Suarez: If we, just for example, we're not going to do this, but if we
were disposed to try to dip into, for example, the general fund, we've got a
situation now that we think we're going to end up this year with a fund
balance, cash balance, that is about 6 or 7 million dollars less than what we
need to really have in the bank to be sure that we can operate the City at any
time so, just to give you an example.
Ms. Mirabal: I know, but maybe might take it from somewhere else, you know
how it is, so...
Mayor Suarez: Yell look, we'll look but there's no motion on the floor so
why don't we go ahead.
Ms. Mirabal: No?
46
April 28, 1988
Mrs. Kennedy: Have to wait until one more Commissioner, Maggie, so why don't
you hold until the...
Mayor Suarez: Maggie, yes, why don't you wait till another Commissioner comes
on. They were reduced the standard 5 percent and she's saying that that will
create the usual hardship.
Mr. Plummer: But it would come from any carryover.
Ms. Mirabal: No, is a cut this year that percent.
Mr. Plummer: No, no, no, you don't understand me.
Ms. Mirabal: Alicia can tell you, Alicia.
Mr. Plummer: If you were to get additional monies for your program, it would
come from any savings, as the Mayor says, that are accumulated during the
year. There's no room for movement.
Ms. Mirabal: No, we are not getting any more money. We're getting a cut from
last year.
Mr. Plummer: Everybody is, including the City, OK? What the Mayor is saying
is to reinstate you if savings become available to the 5.2 percent. And I
agree with that, I can't give you something I don't have.
Ms. Mirabal: OK, I guess, we have to agree with that. Thank you.
Mr. Plummer: You're ahead of the game.
Mayor Suarez: Did you want to make that in the form of a motion or are you
going to wait till that happens and then they're going to come back and ask
US.
Mr. Plummer: I'll make is in the form of a motion.
Mrs. Kennedy: And I'll second it.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll. -
Mr. Castaneda: So they will be in second position.
Mayor Suarez: Second priority.
Mr. Plummer: No, first. Who's...
Mayor Suarez: No, we just allocated the first while you were gone to...
Mr. Plummer: No, to who?
Mr. Castaneda: Centro Hater.
Mayor Suarez: Centro Mater.
Mr. Plummer: Oh, OK.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-375
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
PLACE SAN JUAN DE PUERTO RICO DAY CARE CENTER ON A
PRIORITY LIST FOR POSSIBLE FUTURE ALLOCATION OF FUNDS,
IF ANY CARRYOVER MONIES ARE AVAILABLE OUT OF 13TH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PREVIOUSLY
DESIGNATED FOR SOCIAL SERVICE PROGRAMS; FURTHER
ASSIGNING SAN JUAN DAY PUERTO RICO THIRD POSITION ON
SAID PRIORITY LIST.
47 April 28, 1988
0
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.
------------------------------------------------------------------------------
5.6 PLACE "THE USEFUL AGED, INC." ON A PRIORITY LIST FOR POSSIBLE FUTURE
ALLOCATION OF FUNDS - ASSIGN FOURTH POSITION (SEE LABEL 7).
---------------------------- -------------------------------------------------
Mayor Suarez: Oh, I'm sorry, go ahead, Carmen. Let Carmen go, she's been
waiting there for - I thought you were hiding behind Frank.
Ms. Carmen Main: Good afternoon, my name is Carmen Main, I represent the
Useful Aged Association. As far as everything I listen here, there are no
money, there are no way to find out. I request to the Commission that I need
twelve thousand, six hundred and forty-four because this is with the shot, the
regular shot we have for everybody from the general City funds.
Mr. Plummer: You're saying funded with regular City funds?
Ms. Main: Yes.
Mr. Plummer: You're in worse shape than you are with these funds.
Ms. Main: Don't tell me that. Well, at least we have four thousand service
every month and when you talk about food, what do you mean by that Mr.
Plummer, because we provide food to the old people too.
Mr. Plummer: Well, that's the money to provide the food.
Mrs. Kennedy: And they do a darn good job.
Mr. Plummer: Oh, I know that.
Ms. Main: Uh huh, because we - just exactly today we are giving away food
bags. We give 2,000 every fifteen days, food bags to our citizen.
Mayor Suarez: Anyone want to make a motion on this?
Mr. Plummer: Where are you going to get it?
Mayor Suarez (OFF MIKE): I don't know.
Mr. Plummer: Mr. Mayor, the only thing we can offer is put them in the third
position.
Mayor Suarez: Third priority.
Mr. Plummer: That's all we can do.
Mrs. Kennedy: And I'll second.
Mayor Suarez: Moved and seconded. They'd be third priority on any savings or
carry over. Any discussion? Call the roll.
48 April 28, 1988
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. ee-376
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
PLACE THE ASSOCIATION FOR THE USEFUL AGED, INC. ON A
PRIORITY LIST FOR POSSIBLE FUTURE ALLOCATION OF FUNDS,
IF ANY CARRYOVER MONIES ARE AVAILABLE OUT OF 13TH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PREVIOUSLY
DESIGNATED FOR SOCIAL SERVICES; FURTHER ASSIGNING THE
ASSOCIATION FOR THE USEFUL AGED, INC. FOURTH POSITION
ON SAID PRIORITY LIST.
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.
5.7 PLACE "DOUGLAS GARDEN SENIOR ADULT HEALTH CENTER" ON A PRIORITY LIST FOR
POSSIBLE FUTURE ALLOCATION OF FUNDS - ASSIGN FIFTH POSITION (SEE LABEL
7).
Ms. Ruth Wells: My name is Ruth Wells and I represent the Douglas Gardens,
City of Miami Senior Adult Day Health Center at Legion Park. This is a day
care program for senior adults of low income minority, multi -ethnic group of
people. On last year, we were allocated S32,000 from carry over community
development funding and I'm here to request that if there are any funds
available in this year's budget, we will be considered again for carry over
funding.
Mayor Suarez: The prior year's budget was?
Ms. Wells: I beg your pardon, sir?
Mayor Suarez: Your prior year's budget was?
Ms. Wells: Thirty-two thousand.
Mr. Plummer: That's not their budget, that's what they got from the fund.
Mayor Suarez: That's the difference.
Ms. Wells: The entire budget for the whole program?
Mayor Suarez: Yes.
Ms. Wells: $275,000.
Mayor Suarez: And this year's proposed?
Ms. Wells: $275,000.
Mayor Suarez: Same amount?
Ms. Wells: Same amount.
Mayor Suarez: But no carry over.
Ms. Wells: No carry over.
49 April 28, 1988
Mayor Suarez: As of now.
Ms. Wells: No.
Mayor Suarez: But no reduction. How come no reduction in their case?
Mr. Castaneda: They did not re...
Mayor Suarez: I mean, I'm happy there's no reduction, don't get wrong, I
just...
Mr. Plummer (OFF MIKE): No, no, no. Carry over money.
Mr. Castaneda: Right, they did not receive an allocation last year. Their
funding came from the carry over balance and it was $32,178 as the lady
expressed.
Ms. Wells: Right.
Mayor Suarez: Well, this year they're not funded at all by us so far.
Mr. Castaneda: Right.
Mr. Plummer (OFF MIKE): Correct. They weren't last year.
Mayor Suarez: Oh, that's two seventy-five from other sources.
Mr. Castaneda: No, they were requesting two seventy-five from us.
Mayor Suarez: Right. They have nothing - zero.
Mr. Castaneda (OFF MIKE): Right now...
Mayor Suarez: New program.
Mr. Plummer: Well, the only thing you can do is put them in fourth position.
I don't know what else you can do, there's no other monies.
Mayor Suarez: I'll entertain a motion to that effect.
Mr. Castaneda: For what kind of money?
Mr. Plummer: Not to exceed last year's funding less 5.2.
Mayor Suarez: So moved. Fourth position. Seconded. Any discussion? Call
the roll. I guess we're simplifying it if we have carryover money, I suppose.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-377
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
PLACE CITY OF MIAMI/DOUGLAS GARDEN SENIOR ADULT DAY
CENTER AT LEGION PARK ON A PRIORITY LIST FOR POSSIBLE
FUTURE ALLOCATION OF FUNDS, IF ANY CARRYOVER MONIES
ARE AVAILABLE OUT OF 13TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS PREVIOUSLY DESIGNATED FOR SOCIAL
SERVICES; FURTHER ASSIGNING CITY OF MIAMI/DOUGLAS
GARDEN SENIOR ADULT DAY CARE CENTER FIFTH POSITION ON
SAID PRIORITY LIST.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
SO April 28, 1988
W
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: Beat we can do, Ruth. OK.
5.8 APPROVE RENTAL WAIVER FOR CATHOLIC COMMUNITY AGENCY LITTLE HAVANA CHILD
CARE PROGRAM (SEE LABEL 7).
Ms. Lourdes Garcia: Good afternoon, my name is Lourdes Garcia, I represent
Little Havana child care program. This particular day care center is lo...
Mayor Suarez: Which is it, I'm sorry?
Ms. Garcia: Little Havana child care program.
Mayor Suarez: How many participants, how many children?
Ms. Garcia: Fifty-six children, licensed capacity. We're located in a City
of Miami building which is the Manuel Artime Community Center. And we are in
an area with a tremendous influx of people from various countries that are
looking to places like ours to place their children so they can go into the
community to upgrade their working skills, to get familiar with the culture
and to learn the language. OK, we understand that due to the cap of the 50
percent of community development we are facing a cut from - currently
receiving $53,000 going to $50,138 - and this is going to be very hard for us
because, OK, we don't have enough money to cover all our needs. We are asking
you to look for other fundings to replace the 5.4 percent cut. In the event
that you won't be able to reinstate us at the current level of funding, as
saving comes available to try to waive our rent because we do pay to the City
$11,340 rent. So if you don't have any other alternative, at least to waive
our rent and that will be a tremendous help to the program.
Mayor Suarez: How many of the occupants of that building are paying rent, as
a percentage, do you have any idea, Frank?
Mr. Castaneda: Everybody in the new building is paying rent. Very few people
are paying rent in the old building.
Ms. Garcia: This will be a solution and help, so I'm really begging you to
consider this request.
Mayor Suarez: What is the rent set on, based on what?
Mr. Castaneda: The rent is very inexpensive. I believe that it runs $4.50 a
square foot.
Mayor Suarez: And it's uniform for all the agencies that are paying?
Mr. Castaneda: Everybody is paying at least $4.50 a square foot. The Kiwanis
that just moved there are paying, I believe, more than that and the state
program, the one that gives out the food voucher is paying $10.00 a square
foot.
Mayor Suarez: Commissioners, anybody, half the rent, all the rent, waive
anything, don't waive anything. Waive half the rent if you want.
Mrs. Kennedy: I'll make a motion to waive the rent.
Mayor Suarez: So moved. Are you part of the same group all of you that are
back there? Or are we going to hear from other organizations? Before we have
to declare bankruptcy, I want to know.
51 April 28, 1988
4W 0.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer (OFF AND ON MIKE): And there's one here I'm assuming is going to
speak from the Flagami Community Center which we funded last year which are
not here this year. I'm assuming they're going to come up and make a...
Mayor Suarez: I'm sure you're going to have a handle on 20 billion dollars
from the state budget, Josefina, right. You don't need any of our measly
budget.
Ms. Josefina Carbonell (OFF MIKE): Don't say that.
Mayor Suarez: OK, we have a motion. Do we have a second on the waiver of the
rent? Seconded. Any dis...
Mr. Plummer: The waiver - how much is the rent?
Mayor Suarez: $12,000 a year, I believe.
Ms. Garcia: $11,340.
Mayor Suarez (OFF MIKE): Eleven three.
Mr. Plummer: What's going to pay the maintenance on the building? Are you
saying that in lieu of money, in other words, we'll take that from the
$50,000?
Ms. Garcia: No.
Mr. Odio: Fine, I'll take that. Because we are in serious, you know, we need
employ...
Ms. Garcia: This will be the adjustment because we're going to be cut in 5.4
and there is...
Mr. Plummer: You're going to be down $2700 and you want $11,000 in exchange?
Ms. Garcia: I said we are currently receiving $53,000. You're going to cut
us... We're going to go down to $50,138.
Mr. Plummer: Twenty-seven hundred dollars. And it's being propose... am I
hearing correctly that waive the rent is $11,000?
Mr. De Yurre: Well, it's toward the extent of the $2,700.
Mr. Plummer: Huh?
Mr. De Yurre: To the extent...
Mr. Plummer: It would be cheaper to give them the $2,700 and let them pay the
rent.
Mr. De Yurre: Let's do it.
Mr. Plummer: Where's the money coming from?
Mr. De Yurre: I don't know, you suggested it.
Mr. Plummer: Contingency?
Mr. De Yurre: Can't we waive the... reduce it by the twenty seven, the rent.
Mr. Odio: Commissioner, is the...
Mayor Suarez: I'll entertain a motion to reduce the rent by $2,700 in the
interest of getting out of here at some reasonable time today.
Mr. Odio: It's the same thing, somebody's got to pay the maintenance bill,
the operations of that facility with a staff.
Mayor Suarez (OFF MIKE): Do you want to do that? Reduce $2700 from the rent?
52 April 28, 1988
4V
Mr. De Yurre: Well, she's the motion maker.
Mr. Plummer: The cost of the maintenance didn't go down, it went up.
Mayor Suarez: OK, the movant changes the motion to reflbct a reduction of the
rent to the extent of what your reduction of the five point some percent which
works out to be about $2,700...
Mr. Plummer: Twenty-seven, fifty-six.
Mr. De Yurre: Second.
Mayor Suarez: $2756. We have a second. Any discussion? Call the roll.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 88-378
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
APPROVE WAIVER OF RENTAL FEES (APPROXIMATELY $2,700)
FOR USE OF THE FACILITY PRESENTLY BEING USED BY THE
CATHOLIC COMMUNITY AGENCY LITTLE HAVANA CHILD CARE
PROGRAM.
(NOTE: Said rental waiver will bring said agency up to
the same funding level as last year, and will also
represent a reduction in the FY '88 General Fund
Revenues.)
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.
Mayor Suarez: Now we are bankrupt because that, in effect, comes out from
general fund be...
5.9 PLACE "NOTRE DAME DAY CARE CENTER" ON A PRIORITY LIST FOR POSSIBLE
FUTURE ALLOCATION OF FUNDS - ASSIGN FIRST POSITION (SEE LABEL 7).
Ms. Lucia Vicencio: Good afternoon, my name is Lucia Vicencio, I'm
representing Notre Dame Day Care Center in the heart of Little Havana - of
Little Haiti. The cut of S.4 affects us with one thousand dollar, one hundred
thirty four dollars. I'm asking you please to restore that money probably
from...
Mayor Suarez: Affects you how much?
Ms. Vicencio: Is only one thousand, one hundred and thirty-four dollars.
It's a few dollars, probably, but we need that money to keep the quality of
the service we are giving to the children. We're serving 140 clients at this
moment.
Mayor Suarez: Want to make them first priority and move everybody back a
little bit in view of the small amount that we're talking about? Anybody go
for that? For a thousand plus.
Mr. Dawkins: Mr. Manager, where does this put your deficit now?
53 April 28, 1988
4W
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Mr. Odic: Commissioner, I could not hear you, I'm sorry.
Mr. Dawkins: I mean we sat up here and you've said we have no money.
Mr. Odic: Yes, sir.
Mr. Dawkins: And the more you say you have no money, the more we say give it
away. Now, out of the money that we've sat here today and parceled out, where
does that put your deficit?
Mr. Odic: It has nothing to do with general fund except for the $2700 that
they just waived on the rent which will come out of general...
Mr. Dawkins: Well, where is it coming from then, the money we're giving away
hors?
Mr. Odic: Community development funds, CDBG. And it's not coming out of
general funds.
Mr. Castaneda: No, Commissioners, the amount of money that they're talking
about now is, if there is any left over funds from the...
Mr. Odic (OFF AND ON MIKE): Wait, wait, none of the funds allocated today,
Commissioner, are from the general fund. They're all our CDBG funds.
Mr. Plummer (OFF MIKE): Except the rent.
Mr. Odio: Except the rent just now.
Mr. Dawkins: All right, so in the bud... but yet, all the money that we just
giving is contingent upon there being left over funds.
Mr. Odic: Yes, sir.
Mr. Dawkins: There will be no new funds given to anybody.
Mr. Odic: That is correct, sir.
Mr. Dawkins: OK.
Mr. Plummer: We don't have them.
Mr. Dawkins: I want to be sure everybody understands that.
Mr. Odic: Except that I insist on especially on this rent that we just waived
that we don't do that because we have been considering raising the rent in the
building so we can maintain that building in good condition plus the staffing
that is needed to maintain that building.
Mayor Suarez: In the interest in getting along to the other items, does
anybody want to make a motion and make this one and the other ones pushed back
since it's a $1,000 plus?
Mr. De Yurre: I have no objection with that, I'll move it.
Mayor Suarez: !loved. Seconded. Any discussion? Call the roll.
54 April 26, 1988
Aw
W
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 88-379
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
PLACE NOTRE DAME DAY CARE CENTER ON A PRIORITY LIST
FOR POSSIBLE FUTURE ALLOCATION OF FUNDS, IF ANY
CARRYOVER MONIES ARE AVAILABLE OUT OF 13TH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PREVIOUSLY
DESIGNATED FOR SOCIAL SERVICES; FURTHER ASSIGNING
NOTRE DAME DAY CARE CENTER FIRST POSITION ON SAID
PRIORITY LIST.
(NOTE: Notre Dame Day Care Center was requesting a
reinstatement of $1,092.00 which was the equivalent of
a 5.2 percent reduction in funding to their program.)
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.
Mayor Suarez: Everybody gets moved back one priority, but only to the tune of
a thousand plus there, the amount you gave us which is a very small amount of
money. Carry over.
Mr. Castaneda: This is first priority. And what agency is this, I'm sorry?
Ms. Vicencio: Yes, well, Notre Dame Day Care Center. We actually are getting
twenty-one...
Mayor Suarez: Notre Dame Day Care Center.
presume, right?
Mr. Castaneda: Right.
They are one of the ones funded, I
Mayor Suarez: Don't say anything else, you might lose it.
Ms. Vicencio: OK, thank you.
Mr. Castaneda: So the Notre Dame Day Care Center for an amount of what, what
amount?
Mr. Dawkins: One thousand, one hundred and something.
Ms. Hirai: And 34.
Ms. Vicencio: One thousand...
Mr. Castaneda: One thousand, one thirty-four is first priority on the list.
Mayor Suarez: Everybody else gets moved back one. Quick.
55 April 28, 1988
4• 0
5.10 PLACE "HOLY CROSS DAY CARE CENTER" ON A PRIORITY LIST FOR POSSIBLE
FUTURE ALLOCATION OF FUNDS - ASSIGN SIXTH POSITION (SEE LABEL 7).
------------------------------------------------------------------------------
Ms. Nils& Velazquez: My name is Nils& Velazquez, I'm representing Holy Cross
Day Care Center, Inc. We are located at Wynwood and this child care has been
in existence for 12 years. Of course, I'm not going to give you a speech
regarding what children are all about but you already know that. Now, this
will af...
Mayor Suarez: Being the ninth of fourteen, myself and having four of my own,
I have an idea of what they're about.
Ms. Velazquez: But, I wish that we can do something about that 50 percent
cap, to raise it to at least 20 percent right there in the federal government.
If you know how to do it...
Mayor Suarez: Yes, we will convey your sentiments to them...
Ms. Velazquez: If you know how to do it, I would appreciate it.
Mayor Suarez: ... by telegram before 5:00 p.m.
Ms. Velazquez: I understand the cuts. I'm going to be realistic about it but
we're cut $5,000 and this really affects our program.
Mr. Dawkins: 1 move that they go on the priority list.
Mrs. Kennedy: Second.
Ms. Velazquez: And we want to be part of that priority list.
Mayor Suarez: Moved and seconded. They'd be number what, sixth?
Mr. Dawkins: Number six on the priority list.
Mayor Suarez: Call the roll.
Ms. Velazquez: Thank you.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 88-380
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
PLACE HOLY CROSS DAY CARE CENTER ON A PRIORITY LIST
FOR POSSIBLE FUTURE ALLOCATION OF FUNDS IF ANY
CARRYOVER MONIES ARE TO BECOME AVAILABLE OUT OF 13TH
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
PREVIOUSLY DESIGNATED FOR SOCIAL SERVICE PROGRAMS;
FURTHER ASSIGNING HOLY CROSS DAY CARE CENTER SIXTH
POSITION ON SAID PRIORITY LIST.
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.
56 April 28, 1968
4 6
5.11 REINSTITUTE CD FUNDING OF FOOD PROGRAMS AT THE SAME LEVEL AS LAST YEAR
(SEE LABEL 7).
------------------------------------------------------------------------------
Mrs. Kennedy: And Josefina Carbonell, Mr. Mayor, has been in line. I think
she's on the wrong side of the line because she's been there for ten minutes
waiting.
Mayor Suarez: We got the biggies left now. I got to hear what you're here
for. With all the money you've gotten from us and from the legislature and
the 20 billion dollars...
Ms. Josefina Carbonnell: Mr. Mayor, Commissioners, we've been recommended to
be cut almost $15,000. That's approximately 7,000 meals. I don't have to
tell you that any cut for meals or for the elderly is going to be doubly felt.
Most of the nutrition projects that are up here get USDA cash credit for each
meal served so that will have a ripple effect of cash credit from USDA making
it over nine or ten thousand meals that are going to be lost. My other
concern regarding the community development process is the way we go about not
writing proposals. Having appeared before the Little Havana community
development public board meeting and have requested that there is a waiting
list for home delivered meals of over 200 people and having the board at that
time voted to recommend to the full board the need for this, I don't see it
coming up in any of the other recommendations. I am here to recommend that I
think the process needs to be clarified. In Miami Beach I have already
requested funds, 1 have gone through community development board meetings and
I don't think the process is fair to this point. My question is to you is I
know that there's little funds, they're vanishing all over the place, my
recommendation is that you be more open and fair to requests from throughout
the community and that at least we have a chance to request what's needed and
to discuss with staff and negotiate what are the priorities. And if you're
going to take - I hear programs that are going to be defunded $25,000 and then
you're left with twenty-five. What can you do with twenty-five? So the
process, there's something wrong with it and my recommendation is that you go
back and take a look at it for next year.
Mayor Suarez: Thank you, Josefina.
Ms. Carbonnell: Well?
Mayor Suarez: Ingrid.
Mrs. Kennedy: I echo your sentiments, Josefina, Mr. -Mayor, let me just say
that...
Mayor Suarez: Yes, Vice Mayor.
Mrs. Kennedy: ... that another thing that we're doing and I think is wrong,
is just coming in a first come, first served basis. Who ever stands in line,
we put them number one, number two, number three and all these should be
reevaluated.
Ms. Ingrid Grau: My name is Ingrid Grau. I'm the executive director of
Wynwood Elderly Center. I'm very glad that you took the decision of
reestablishing the food programs back to where they were because if you had
not, we would have to have closed our doors to the services of the elderly in
Wynwood. Being the fact that today for this fiscal year we're running short
$6,000 which we have to take out of some other items and for next year, a
$10,000 or $12,000 cut that was coming to us would mean that we would have
been run short for sixteen thousand some dollars. So I'm very glad and I
thank you for it.
Mayor Suarez: Thank you, Ingrid. It's the first time we got thanked today, I
think.
Me. Angela Vazquez: I'm Angela Vazquez and I'm from Flagami Senior Center and
I have a doubt, I didn't know that we had been restored the 5 percent...
Mr. Castaneda: They were not.
57 April 28, 1988
Ms. Vazquez (OFF MIKE): We have... For the meal program?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Ms. Vazquez: Are we...
Mr. Plummer: What?
Ms. Vazquez: Did you return the 5 percent cut back to the meal program? No.
Mr. Dawkins (OFF MIKE): To the food program?
Mayor Suarez (OFF MIKE): Didn't we take it from transportation?
Mr. Plummer: Yes, we did.
Mayor Suarez: From the transportation, I thought we took a vote on that.
Ms. Vazquez: You did?
Mr. Dawkins (OFF MIKE): Yes.
Mr. Plummer: Yes.
Mr. Dawkins (OFF MIKE): Yes, I did.
Mr. Plummer: Which equated itself to about $50,000.
Ms. Vazquez (OFF MIKE): OK.
Mayor Suarez: To the extent of fifty thousand, I thought we voted on it. Not
the full eighty-two or eighty-three you gave us, but to the extent of fifty we
did. It brought them back up to 98 percent of funding for the food programs.
Wait, wait, you're not going to clear the confusion. Madam City Clerk, do you
not reflect the motion to that effect that was made to reduce $50,000 from the
Citywide transportation?
Mr. Plummer: And move it over....I don't think we voted on it yet. That was
part of the total package.
Mayor Suarez: I thought we did, I thought we did.
Mr. Dawkins: Yes, we voted... we voted on...
Mr. Plummer: It was discussed and agreed upon but it wasn't voted on.
Mr. Dawkins: Yes, it was because remember...
Ms. Hirai: That's correct.
Mr. Dawkins: ... we said we're voting on item and the Mayor said, are we
going to vote for the total package or just items.
Mayor Suarez: The first vote we took was on - do you want to remind us,
Francena, the first vote we took was...
Ms. Francena Brooks: Initially you had...
Mayor Suarez: To restore...
Ms. Brooks: ... I think you had made a motion to take $50,000 from
administration which you couldn't do...
Mayor Suarez: Right, didn't we do it from transportation?
Ms. Brooks: ... and then the question was posed on whether it could come from
transportation. But I don't have in my notes an actual vote.
Mr. Dawkins: OK, here's what happened...
Mayor Suarez: All right, well...
58 April 28, 1988
Ms. Hirai: That's right, it wasn't voted upon.
Mr. Dawkins: Then J.L. Plummer moved to give money from somewhere to AIDS...
Mayor Suarez: Right.
Mr. Dawkins: ... to feed AIDS. And then I said fine, I said if you move
that, then restore the food by 5 percent. Then we voted on the AIDS project
and then we voted to restore the money by 5 percent to the food program.
Mayor Suarez: I thought to the extent of fifty thousand.
Mr. Dawkins: Yes, uh huh.
Mayor Suarez: From transportation, right.
Ms. Hirai: Yes.
Mayor Suarez: Well, I'll entertain that in the form of a motion so we can get
that done.
Mr. Dawkins: Move it.
Mayor Suarez: We have a motion. Do we have a second?
Mr. Plummer: Of course I'll second it, but where, how are you going to do it?
What's the mechanics?
Mayor Suarez: From a Citywide transportation allocation of $50,000 to
reduce - to bring back up, the food programs up to roughly 98 percent, I
guessed. Because they had been cut back 5 point something, right, Frank?
Mr. Plummer: And you're going to put the transportation...
Mr. Castaneda: Right, 5.2.
Mr. Plummer: Then you'll put that $50,000 deficit in transportation covered
from where else?
Mr. Dawkins (OFF MIKE): I'm beginning to understand why things I do up here
don't get done.
Mayor Suarez (OFF MIKE): Right.
Mr. Dawkins (OFF MIKE): Ain't nobody writing it down. They don't know what
the hell they're doing.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Octavio Blanco: Mr. Mayor.
Mr. Plummer: I don't know how you can do that.
Mr. Dawkins (OFF MIKE): OK, all right, let's start from the beginning. How
did we determine that we were going to get the money to feed the AIDS people?
Where was the coming from?
Mr. Castaneda: The money...
Mr. Plummer: Thirteen from the contingency and the transferring of carry over
to economic development.
Mayor Suarez: Twenty-three roughly.
Mr. Dawkins (OFF MIKE): And then we said that we would - I made a motion...
Mayor Suarez: We restored Greater Miami United.
Mr. Dawkins (OFF MIKE): ... all food programs by 5 percent cut.
Mr. Plummer: Right.
59 April 28, 1988
Mr. Castaneda: But, you never voted on that issue.
Mr. Dawkins (OFF MIKE): All right, well I'm going to vote on it now. I
move - now first, where are we going to get the money from?
Mr. Plummer: That's the question.
Mayor Suarez: The idea was to get it from the Citywide transportation that
was presented, if it wasn't voted on...
Mr. Dawkins (OFF MIKE): There's no point in voting on something that we don't
have.
Mayor Suarez: Right.
Ms. Brooks: It has to come out of social... within the social programs.
Mayor Suarez: That includes the Citywide transportation.
Ms. Brooks: Right.
Mayor Suarez: That was the idea that was expressed. If it wasn't voted on,
we'd have to make up our minds.
Mr. Dawkins (OFF MIKE): All right, I so move.
Mr. Plummer: Well, where's it going to come from?
Mr. Dawkins (OFF MIKE): From the Citywide transportation.
Mr. Plummer: And not remake up those funds?
Mayor Suarez: Unless you've got another $50,000 some place that you can find.
Mr. Octavio Blanco: Mr. Mayor.
Mr. Plummer: I can't vote...
Mr. Blanco: Are you people, are you...
Mr. Dawkins (OFF MIKE): All right, well I...
Mayor Suarez: Wait, wait, let me see if I have a motion and a second so I'll
procedurally know what we're doing here. Is that your motion or not?
Mr. Dawkins (OFF MIKE): Well... well, I vote to reconsider the AIDS program
because I'm not... let's face it, I mean, this group is just as important to
me for feeding as the AIDS group. Now come on, let's get - you know. Now, I
set up here and voted for the AIDS group thinking that we were going to feed
everybody.
Mr. Plummer: Miller, Miller, I want to vote for your motion. They've got to
tell me where the mon...
Mr. Dawkins: All right, how much... we took money for the AIDS out of
transportation. Now, how are you going to replace that?
Mr. Plummer: No, no, no.
Mayor Suarez: No, we moved Carey Technical over to economic development. We
moved Carey Technical Institute to economic development, it was 23 and we
added 13 from...
Mr. Dawkins: All right, you had 50 left in the contingency, what you going to
do with that?
Mayor Suarez: Then we had 50 thousand contingency that we used for GMU, did
we not?
Mr. Castaneda: Right.
60 April 28, 1988
Mayor Suarez: Greater Miami United.
Mr. Dawkins: And that left 17 thousand.
Mayor Suarez: Does that leave anything in contingency?
Mr. Castaneda: for social programs and you have one thousand,
one hundred ninety-six dollars.
Mr. Blanco: Can I clarify something?
Mayor Suarez: No, not at this point because we didn't have a motion on the
floor.
Mr. Blanco: I'll be waiting.
Mr. Dawkins (OFF MIKE): Well, let me see. Withdraw the motion if they don't
know where to get the money.
Mayor Suarez: The motion's withdrawn by Commissioner Dawkins so everybody's
back to not being thanked, Ingrid because we have not restored the 5 percent
to food, the 5.4 percent to food programs. Unless they have been included in
one of the carry over motions from social services. We take back our thank
you that you gave us so graciously.
Mr. Dawkins: Please! Please Madam Clerk...
Ms. Hirai: Yes, sir.
Mr. Dawkins: ... take someone to research what we did this morning because we
voted, we voted on that this morning. OK, of course we did. I don't know
where they had planned to get it from but I made the motion, it was seconded
by J.L. Plummer and we voted on it.
Mr. Plummer (OFF AND ON MIKE): And as I recall, Miller, at that time Frank
said the money could be 50 thousand transferred from transportation over to
economic development. Now the answer is that...
Mayor Suarez: No, no, just taken out of transportation. Maybe that was not
misunderstood. But, anyhow, I don't think we voted on it anyhow.
Mrs. Kennedy (OFF MIKE): That was my understanding too.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mrs. Kennedy: That was my understanding too.
Mayor Suarez: Well, ma'am, but if nobody makes the motion we can't rule on
it, so the Commissioner has got to make the motion and the Commission makes
these decisions, not anybody in the audience, so...
UNIDENTIFIED SPEAKER (OFF MIKE): I understand that, sir.
Mayor Suarez: We're trying to figure out what we did and then see if anybody
wants to take action to deplete another budget. Does anybody want to make
that motion? If not, I'm going on to the next item. We're not going to be
sitting here arguing all night.
Mr. Dawkins (OFF MIKE): Oh, yes, I'll make the motion.
Mayor Suarez: OK.
Mr. Dawkins (OFF MIKE): To restore the food program by 5 percent.
Mayor Suarez: And the money to come from which...
Mr. Dawkins (OFF MIKE): ... worldwide transportation, Citywide
transportation, U.S. transportation, State of Florida transportation...
Mayor Suarez: OK, from the Citywide transportation program - to the extent of
$50,000? Up to $50,000.
61 April 28, 1988
4
Mrs. Kennedy: Second.
Mayor Suarez: Moved and second. OK.
Mr. Plummer: I can't vote for that.
Mayor Suarez: I think you're going to want to say something because that'
your program basic...
Mr. Octavio Blanco: Before you vote. I would like to speak to you.
Transportation I do believe you are taking from Action Community Center who is
the program who take the people go to eat. Can you explain to me you take
$50,000 out of these monies, how you are going to take those people that you
are planning to give the money to eat, how they going to go there? Because we
do have a complaint from every hot meal program they do need more
transportations. So you people tell me...
Mayor Suarez:
How many of your yearly trips
are for taking people to eat
and
how many are
for other things? Do you have that
breakdown?
Mr. Blanco:
Yes, I have it right there, I...
Mayor Suarez:
What is the breakdown if you have it, Octavio?
Mr. Blanco:
The breakdown is most, about 70
percent...
Mayor Suarez:
OK, the other 30 percent you
might have to cut back but
take
them to eat,
please.
Mr. Dawkins:
OK, when we started out with this food 1 asked, was any of
the
money used to transport people to eat? And
everybody said we didn't have
to
worry, that was covered. Now I find out that
we're going to cut him back.
Mr. Plummer:
That's right.
Mr. Blanco:
Excuse me, Mr. Miller...
Mr. Dawkins:
No, wait a minute, no, no, no,
now wait, now wait. I hear
you,
I hear you, 1
hear you, no, no.
Mr. Blanco:
No, but I just want to make...
Mr. Dawkins:
I'm trying to find out what we
did, OK?
Mr. Blanco:
Yes, but I just wanted to every
Commission...
Mr. Dawkins:
No but you can't help me right
here.
Mr. Blanco: No, no, I don't talking to you... I just wanted to every
Commission to ask you this lady if we have to cut off the transportation to
head the hot meal program, what is she's going to do with the meals? What is
going to happen to Mr. Urra? What is going to happen to all the other centers
we take people down there?
Mr. Dawkins: JESCA and all of them, I understand what you're saying. I'm
telling you, I understand. And we got JESCA, we got Urra, we got ,
see, but they didn't tell me that we were cutting transportation for food when
we started this morning. They didn't say that because I specifically asked
does this apply to transportation taking people to eat and they told me no.
Mr. Blanco: Transportation Citywide, Mr. Miller, apply exclusively to Action
Community Center.
Mr. Plummer: You'll remember my comment, Miller. My comment was that if they
could not find it to transfer it somewhere else that it comes out of the
administration. That was my comment and it's still my comment.
Mr. Dawkins: That's right, that's right, J.L.
Mayor Suarez: It cannot be done from administration.
62 April 26, 1988
Mr. Plummer: Administration is over 2 million dollars. Mr. Mayor, I feel
relatively certain if they go back and do their homework...
Mayor Suarez: Oh, no, no, I thought it meant, they meant it could not be done
legally. Oh, practically, I'm sure it could be done.
Mr. Plummer: I'm sure if they go back and do their homework, they're not
going to want to take a $50,000 cut in administration.
Mr. Castaneda: Commissioners, there is a cap of 15 percent for social
program... the same...
Mr. Plummer: Frank, don't... I'll tell you the laws, don't you tell me.
Mr. Castaneda: The same as the...
Mr. Plummer: I've been here longer than you. All right?
Mayor Suarez: Commissioners...
Mr. Plummer: Now, I'm telling you, if I wanted to sit down tonight with a
sharp pencil, I would find $50,000 of these programs that could be transferred
over to some other fund and legally done. Now, you know, you tell me, I still
say that's where I'm at.
Mr. Dawkins: I have to withdraw my motion because you...
Mayor Suarez: Motion's withdrawn and I presume the second's withdrawn.
Mrs. Kennedy: Yes.
Mr. Plummer: No, I'll tell you, I'll make a motion right now, OK? I'll make
a motion that the food programs be reinstated to their original position of
last year and that the admit...
(Applause)
Mr. Plummer: ... wait a minute, whoa, whoa, whoa, whoa, whoa.
Mayor Suarez: Please.
Mr. Plummer: And the administration find the wherewith to take out of these
social programs those areas that can be transferred to some other part of
community development. If they don't, it will come out of administration and
I assure you they'll find it.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded.
Mr. Plummer: You come back and you put somebody in one of those programs on
administration as far as you are concerned. She has a person there you could
fund through economic development, you fund that person, that leaves the money
loose for her to have some other monies. Frank, you're too smart to tell me
you can't do it.
Mayor Suarez: The motion's a very general motion to try to find it from other
sources, if you can't, obviously you won't do it so I...
Mr. Castaneda: You know, Commissioners, especially in the area of economic
development, we are pressing it beyond nature, you know the things that we're
trying to do there.
Mr. Plummer: Frank, how did we do Miami MMAP? Larry MMAP.
Mr. Castaneda: Well, in that area we're...
Mr. Plummer: We gave him two employees, right?
Mr. Castaneda: But that's funded as economic development project.
63 April 28, 19818
Mr. Plummer: I fully understand that. I understand we're stretching out,
we're trying to stretch every damn dollar we can stretch to try to provide and
I have no problem with that. OK? I'm saying that if Ingrid has an employee
that's part of this funding, that you can take and either put in economic
development or put it in administration, you take that and put it - it's
funded from some other source.
Mayor Suarez: What he's saying is what we did for Carey Technical for the
whole program to do it for individual bits and pieces of the programs to see
if they can be covered from economic development.
Mrs. Kennedy: Ingrid is operating on the red because of all the insurance
costs already.
Mr. Plummer: Everybody, including us, are operating in the red.
Mayor Suarez: We have a motion and a second. I'm not sure if it'll lead to
anything practical but at least it's worth a try. Any discussion from the
Cossoission? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
Its adoption:
MOTION NO. 88-381
A MOTION DIRECTING THE ADMINISTRATION TO REINSTATE
FUNDING OF C.D. FOOD PROGRAMS AT THE SAME LEVEL OF
FUNDING AS LAST YEAR'S ALLOCATION; FURTHER DIRECTING
THE ADMINISTRATION TO FIND ALL POSSIBLE AREAS WHICH
CAN BE TRANSFERRED OVER TO SOME OTHER AREA OF C.D. IN
ORDER TO BE ABLE TO ACCOMPLISH FULL FUNDING OF THE
FOOD PROGRAMS, AND IF THAT WERE NOT POSSIBLE, THEN THE
NECESSARY MONIES SHALL BE TAKEN OUT OF FUNDS EARMARKED
FOR ADMINISTRATION.
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.
------------------------------------------------------------------------------
5.12 REDUCE TOTAL OF MIAMI CAPITAL LOAN FUND BY $70,000 - INCREASE
ADMINISTRATIVE FUND IN THE SAME AMOUNT (SEE LABEL 7).
Mayor Suarez: OK, last statements.
Mr. Plummer: No, it's not the last statement because I want to talk about
this administration at 2.2 million dollars. I'm not happy with that at all.
Mayor Suarez: From the applicants, please.
Mr. Plummer: Oh, I'm sorry.
Ms. Angela Vazquez: OK, I would like you to know that...
Mr. Plummer: I'm an applicant, I'm a taxpayer.
Ms. Vazquez: ... that if we get the 5 percent cut it means 30 elderly daily
out on the street and I will suggest that before you start giving priorities
to all the other programs, is at least consider restoring to the level that
last year and then start giving priority to all the other ones. Thank you.
64 April 28, 1986
0
Mayor Suarez: That's what we just tried to do with the prior motion.
Mr. Mariano Cruz: As a matter of record, I am a member of the Allapattah
Community Action and we want to be included too in the priorities but they
cutting us about $15,000 from the food program. That's about 70,000 meals,
seventy-five hundred so the only thing like I said requested well, tell...
Mayor Suarez: We know that, but we've heard that already, Mariano, we've
heard that. We've got to hear from some other new groups.
Mr. Cruz: Right but no but, no will have to tell the people you don't eat
today, you don't eat today. Six months from now or a year from now.
Mayor Suarez: I don't - that's up to you how you do it, that's up to you how
you do it. Don.
Mr. Don Benjamin: Mr. Mayor, Commissioners, St. John Development Corporation
has been talking both with CD and housing with respect to the funding of a
housing program and the two of them can't seem to get together on this.
Housing said the money should come from community development, community
development says the money should come from housing. That's our $50,000
budget money for housing program. So we don't know exactly where we stand.
The two of them can't get together.
Mayor Suarez: How are we doing on St. Johns Community economic development,
getting them funded?
Mr. Castaneda: No.
Mr. Benjamin: We are funded for economic development but for housing, housing
said CD should pay for it and CD says housing should pay for it.
Mayor Suarez: What does he mean? Are you talking about the administrative
budget that they need?
Mr. Benjamin: Yes, yes.
Mr. Castaneda: St. Johns is receiving $50,000...
Mr. Benjamin: Economic development
Mr. Castaneda: ... from this funds for economic development. What they are
requesting is another $50,000 for their housing component...
Mr. Benjamin: Which we got last year.
Mr. Castaneda: ... which they got the last years. What I'm simply saying is,
if housing feels strongly about it, to allocate it from single family or multi
family rehab for that purpose.
Mayor Suarez: What is housing saying about that? It looks like a yes.
Mr. Jerry Gereaux: Housing's position is...
Mayor Suarez: A smiling yes.
Mr. Gereaux: ... housing's position, Mr. Mayor, is that we get our money from
CD as a client just like the other groups. We think that the programs that we
operate are important. It only takes a look around to see what's happening to
our City's housing stock. We don't have the discretionary money within our
budget to provide for administration of another department. I mean, we get
our money from the same source.
Mayor Suarez: Now, when they actually begin to do a housing project, some
component of the funds, whether they come from HUD, or wherever they may come
from, will be for administration, will they not?
Mr. Benjamin: Yea.
Mr. Gereaux: Yes, yes, and...
65 April 28, 1988
Mayor Suarez: When are they going to be funded for projects, St. John's
Economic Development?
Mr. Gereaux: Well, I think that they can answer that best.
Mr. Benjamin: Economic de...
Mr. Gereaux: They're working on a project with the Enterprise Foundation...
Mr. Dawkins: My concern is this...
Mr. Gereaux: ... whose administrative budget we also fund to help community
based organizations.
Mr. Dawkins: Mr. Mayor, I got one concern.
Mayor Suarez (OFF MIKE): Commissioner.
Mr. Dawkins: This Commission said, fund them $50,000. That was the order
from this Commission. Now, this gentleman comes and says, one department tell
him its the other department's responsibility. The other department tells him
the other department's responsibility. Nobody came back to this Commission
and say we can't do it. Now, where's the Manager?
Mr. Odio (OFF MIKE): Yes, yes, sir.
Mr. Dawkins: I mean, why is it that somebody who you have working for you
have not given these people the $50,000 that was allocated to them or come
back to this Commission and say it can't be done?
Mr. Odio: Which people, Commissioner?
Mr. Dawkins: These St. John's Housing Development.
Mr. Castaneda: No, no, no. Let me correct the record. They received last
year and they're in the process of receiving $50,000 for housing for last
year. So, you know...
Mr. Benjamin: And nobody seems to want to decide how we're going to get it
this year, it's as simple as...
Mr. Dawkins: No, no, no, no. He say you re... hold it now...
Mr. Benjamin: Last year.
Mr. Dawkins: He say, he did not say you were rewarded, awarded - he say you
received. You're saying it was awarded and not received. Is that right?
Mr. Benjamin: No, no, no, no. We received $50,000 last year but this year,
when we're asking for it, housing doesn't seem to want to do it, C.D. doesn't
seem to want to do it. Each one is saying it's the other's responsibility.
Mayor Suarez: But they're not funded $50,000 from economic development?
Mr. Castaneda: They are funded $50,000...
Mr. Benjamin: For economic development.
Mayor Suarez: Oh.
Mr. Benjamin: Last year we got fif... we get fifty for economic and fifty for
housing. That's what's happening.
Mayor Suarez: And you have produced with $100,000...
Mr. Dawkins (OFF MIKE): How many units?
Mayor Suarez: What project?
Mr. Benjamin: We are now getting ready to start the housing, we were here at
the last Commission meeting with the sites and all of that...
66 April 28, 1986
IV 0
Mayor Suarez: Well, if...
Mr. Benjamin: And now, you know, so we need...
Mayor Suarez: ... the start up money was a combination of economic
development and housing, it seems to me that by now you've got to have a
project underway so that you can then take money from the administration
portion of the grant. And if you don't have it, I don't know that there's
much we can do about it.
Mr. Plummer (OFF MIKE): Agreed.
Mr. Benjamin: Well, housing said it comes from CD, CD said it come from
housing, I mean.
Mayor Suarez: Well, economic development is making available $50,000 for your
operations. It sounds like that's the best we can do unless the Commission
has some other ideas and I don't hear any others. Next.
Mr. Benjamin: That's the end of that? So we don't get any money for housing?
Mayor Suarez: My suggestion is you apply for the various housing projects
that we've got, Don.
Mr. Benjamin: But you just gave us - you just helped us with two sites to put
up 28 townhomes. How are we going to do that now? Where can we get a
staffing from?
Mr. Plummer: You've had $150,000.
Mr. Benjamin: A $100,000.
Mr. Plummer: That's a hundred last year and fifty from this year.
Mayor Suarez: Fifty this year, Don - to work up and get the financing going.
Mr. Benjamin: Wait, let's get this straight. These programs every agency
gets $50,000. When St. John was started, it started with a $50,000 for
housing, that was the program. To do a housing program.
Mayor Suarez: And you got another $50,000 from...
Mr. Benjamin: Wait, since then the...
Mayor Suarez: ... community development, economic development monies.
Mr. Benjamin: Let me - Mr. Mayor, since then OEDC Corporation was terminated.
Mayor Suarez: Right, dissolved.
Mr. Benjamin: And their program was given over to St. John and the funding so
St. John is, in fact, to...
Mayor Suarez: To help you get started in preparing and presenting your
programs for funding.
Mr. Benjamin: Two sets of program, two programs...
Mayor Suarez: Right, right and we haven't seen the kind of projects yet in
line that you're supposed to produce with that, but we're keeping you at a
level of $50,000.
Mr. Benjamin: Oh, this is unbelievable.
Mayor Suarez: Next.
Mr. Pablo Perez Cisneros: Yes, sir, Pablo Perez Cisneros from Miami Capital
and Luis Moyano, deputy director for Miami Capital. And at the last time I
was at the City Commission, I indicated that I wasn't seeking for no new
monies. The only problem that we have right now is to most our budget. By
talking to Frank Castaneds Fred Fernandez from the Community Development
Department, we came up with a solution to this particular problem which is to
67 April 28, 1988
reduce the loan fund amount by $70,000 and increase the administrative fund
amount by the seventy thousand additional funds.
Mayor Suarez: I have no problem with that if anybody...
Mr. Plummer: So move.
Mayor Suarez: Moved. Seconded. Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-382
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
REDUCE THE TOTAL OF THE MIAMI CAPITAL DEVELOPMENT,
INC. LOAN FUND AMOUNT BY $70,000, AND TO INCREASE ITS
ADMINISTRATIVE FUND BY $70,000.
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: And that's in view of the fact that you're collecting...
Mr. Cisneros: You bet.
Mayor Suarez: Yes, you're actually collecting some of those loans which is
something that we haven't been doing particularly well in the past. That's
it?
Mr. Plummer: OK, I want to ask about administration.
Mayor Suarez: Commissioner - yes, that's an interesting issue to wrap up.
Mr. Plummer: You say it's how much this year?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Two point what?
Mr. Castaneda: Two million...
Mr. Plummer: Don't everybody speak at once.
Mr. Castaneda (OFF MIKE): It's two million what...
Mr. Plummer: See, the problem is, you got too damn much administration and
you can't find the answers.
Mr. Castaneda: No, we got too little - two million, two fifty-nine, four
hundred thousand.
Mr. Plummer: And what was it last year?
Mr. Castaneda: Five point two percent higher.
Mr. Plummer: It was 5.2. OK...
Mr. Castaneda: Five point two percent higher than two million, two fifty-
nine.
66 April 28, 1968
e
Mr. Plummer: OK, I would like you to come back at the next meeting and I
would like to see what would have to go if you get a 10 percent in
administrate and cost.
Mr. Castaneda: Ten percent adminis...
Mr. Plummer: In other words, if you reduce your budget by 10 percent, what
would have to give.
Mr. Castaneda: In addition to the...
Mr. Plummer: That's right.
Mr. Castaneda: OK. Let me just clarify that, of the 2 million, two fifty-
nine, four hundred, $228,200 will go to Planning Department and $300,000 goes
to the City for indirect costs.
Mr. Plummer: That's fine. What are the indirect costs?
Mr. Castaneda: Charges made for indirect services computed by Finance
Department.
Mr. Plummer: All right, I'd like to see a complete breakdown of where your
administrative money goes and I would like to see what would happen if you got
a 10 percent cut.
Mayor Suarez: OK. You don't need that in the form of a motion, Manager,
you'll provide that? OK, the next item is what, Madam City Clerk? Number
two? Item two. Tell me that's Sports 6 Exhibition Authority.
Mr. Plummer: Yes, the next headache.
Mayor Suarez: Do we have here the only...
5.13 PLACE "FLAGAMI COMMUNITY CENTER" ON A PRIORITY LIST FOR POSSIBLE FUTURE
ALLOCATION OF FUNDS - ASSIGN SEVENTH POSITION (SEE LABEL 7).
Mr. Plummer: Wait, wait a minute, excuse me, did you want to make a
presentation because at this point, you better get up and cry loud and long or
you have no funds available at all. That's Flagami. This, Mr. Mayor, is a
program that was funded last year which is recommended for no funding this
year.
Mayor Suarez: I was going to ask in the meantime if we have here the only
woman to be a vice president of an NBA Basketball team? There she is, Pauline
Winnick, formerly of the City. We trained you well. Paid you too much, now
they pay you more.
NOTE FOR THE RECORD: STUDENTS FROM ASPIRA WERE RECOGNIZED.
Mayor Suarez: Frank, while they get ready, what did we do with them last year
and what do we do with them this year and what is the program exactly about
and has it been successful in achieving its objectives? Do you know?
Mr. Castaneda: They were not funded by the City of Miami. Last year they
were funded by - they got a small grant
Ms. Brooks: Aspira, you might remember, got a small grant out of the
contingent fund during the past year of $25,000. It was emergency funds they
needed to carry them for a certain length of time, I can't remember the exact
number of months. But, of course, the program is very successful, it's made
tremendous strides since it was first funded by the City some years ago. They
have diversified their funding base, they get a lot of funding from both other
public and private sources. I think, in the initial years of the program, the
funding level may have been around $100,000 and now it's down to around
$25,000. But it's...
69 April 28, 1988
F r,
Mr. Plummer: The best that I can do and the best that I can offer you is to
put you on the priority list at this point, that's all I can do.
Mr. Sergio Comoglio: OK, thank you very much.
Mr. Plummer: I would move that this organization be put on the priority list
to any carry over funds available. I so move.
Mr. Dawkins: Second.
Mrs. Kennedy: It's a hot meals referral counseling service, right?
Mr. Plummer: Yes. Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-383
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
PLACE FLAGAMI COMMUNITY CENTER ON A PRIORITY LIST FOR
POSSIBLE FUTURE ALLOCATION OF FUNDS IF ANY CARRYOVER
MONIES ARE TO BECOME AVAILABLE OUT OF 13TH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PREVIOUSLY
DESIGNATED FOR SOCIAL SERVICE PROGRAMS; FURTHER
ASSIGNING FLAGAMI COMMUNITY CENTER SEVENTH POSITION ON
SAID PRIORITY LIST.
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.
------------------------------------------------------------------------------
6. DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED RESOLUTION AUTHORIZING
MANAGER TO APPROVE A RECOGNITION, NON -DISTURBANCE AND REIMBURSEMENT
AGREEMENT BETWEEN MIAMI SPORTS AND EXHIBITION AUTHORITY AND MIAMI HEAT
LIMITED PARTNERSHIP (SEE LABEL 8).
Mayor Suarez: Yes, John.
Mr. John Blaisdell: Thank you, Mr. Mayor, members of the Commission. Item
number two on the agenda today for your presentation is a recommendation to
adopt a recognition and reimbursement agreement between the Miami Sports &
Exhibition Authority and the Miami Heat Limited Partnership. It's here in
front of you because this Commission asked that any final agreement pertaining
to these terms come back to you subject to your approval. If you'd like, Mr.
Mayor, I'd go and give you a quick background or if the Commission has any
questions, if they've reviewed the package, I'll go ahead and answer those.
Mayor Suarez (OFF MIKE): Any questions?
Mr. Dawkins: Yes.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: The first question is, in your third agreement that you're
recommending, you're recommending that we take one, two - number three and
number five, is that right? On the last sheet you got there.
Mr. Blaisdell: That's correct, Commissioner.
70 April 28, 1988
qu
Mr. Dawkins: All right. The total dollars of those two is what proportion to
the total of the rest that we didn't take? What I'm trying to say is, are we
taking 3X and they're taking 5X, or are we taking 5X and they're taking 3X?
Mr. Blaisdell: It's approximately 30 percent, Commissioner. For both of
them.
Mr. Dawkins: So really what we did is, we say, well, we'll give them 30...
no, no, no, no... these two is approximately 30 percent of this total here?
Mr. Blaisdell: If I understood your question correctly. Are you saying that
the sum of the two items, how in relation is that to the total budget.
Mr. Dawkins: Yes, that's right so it's 30 percent.
Mr. Blaisdell: OK, the sum is of those two...
Mr. Dawkins: So we are paying 30 percent and letting them off the hook with
70 percent. Or are we paying 70 percent and they're getting...
Mr. Blaisdell: We're essentially only picking - we're going from a hundred to
30 percent, so we are better off by 70 percent assuming you're...
Mr. Dawkins: No, that's... OK - All right, turn to these figures where you
had them in your book there and look at them.
Mr. Blaisdell: OK.
Mr. Dawkins: All right, what's the total for five and three?
Mr. Blaisdell: For example, under number three, utilities, the projected
utility expense is $550,000 and the projected insurance expense is about
$350,000. So let's just round it off to a million out of...
Mr. Dawkins: Are you talking about a ten year projection or you talking about
one year?
Mr. Blaisdell: I'm just giving on the average, the - it's pretty much a third
for the sum of the two. It's about a million dollars out of 3 million dollars
a year.
Mr. Dawkins: OK. That's not what I have here, hold on, hold on one minute.
I don't have my paper and I hate to defer this but I know that this - one of
them is $59,000 and one at $89,000 and the rest of them come to fifteen ten
and fourteen thousand so that is not... these two is greater than 30 percent
of the seven.
Mr. Blaisdell: I'm sorry, Commissioner, I don't know what you're looking at,
could I see what you're looking...
Mr. Plummer: Yes.
Mr. Dawkins: What I'm saying is that this one and this one equals, in my
opinion, 4X and all of these equal 2X, that's what I'm saying. So when you
come and tell me I'm giving up - what I said that they take this and we take
that, we ended up taking a greater share and we're subsidizing the Heats.
UNIDENTIFIED SPEAKER (OFF MIKE): These are the two This is the sum of
this one and this one represents 30 percent of the total.
Mr. Dawkins: This and this? This and this?
UNIDENTIFIED SPEAKER (OFF MIKE): Under your example...
Mr. Dawkins: Yes, this...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Dawkins: Right, OK, um humor.
71 April 28, 1988
UNIDENTIFIED SPEAKER (OFF MIKE): You're trying to determine the relationship
of this one and this one to the total...
Mr. Dawkins: Yes.
UNIDENTIFIED SPEAKER (OFF MIKE): OK. From the dollar point of view, OK, this
plus this represents one third of the total dollars.
Mr. Dawkins (OFF MIKE): No way. OK, I'm going to go along with that but
that's incorrect.
UNIDENTIFIED SPEAKER (OFF MIKE): Well, let me just.•.
Mr. Dawkins: That's incorrect.
UNIDENTIFIED SPEAKER (OFF MIKE): Let me say what the significant part of this
is. The significant part is the agreement that we have in place now
is that we're going to pay them - we have to reimburse them for all these
items. Through negotiations we have eliminated five of the items
So we're financially, we're better off and that's the bottom line. But I
don't know what
Mr. Dawkins (OFF MIKE): OK, I do, I do, but no problem. All right, OK, go
ahead. All right, I got some others. OK, now... Who has priority if the debt
service is not met and the arena produces a loss, who has priorities on the
dollars, the Heat or the City of Miami?
Mr. Blaisdell: To the extent of revenues of the arena, the Heat would have
priority to the extent of excess utilities and excess insurance.
Mr. Dawkins: I can't buy that. You know, all you're doing is subsidizing the
Heat and, can I ask this Commission one question? If we're going to subsidize
the Heat, what are you going to tell a baseball team who come here, a hockey
team who comes here or any other team who comes here and tell us, well, look
you really don't want us because you subsidized the Heat and you're not
subsidizing us.
Mayor Suarez: Let me state the following - no, don't give me either a base
case, a best case scenario or a worst case scenario, well give me just an
expected scenario, what is the fairly expectable amount that we'll be
receiving for the Miami Heat by way of rent, concessions, and so on for the
use of the facility in one year? The base rental is how much?
Mr. Blaisdell: The base rental is five seventy-five in the first few years
but that's a gross rent calculation so probably around three hundred - we
would probably average about $2,000 a game.
Mayor Suarez: Which is how much money? What are you talking about? Forty-
two games here or you mean...
Mr. Blaisdell: Forty-three games.
Chris Korge, Esq.: Mr. Mayor, if your question is, how much do we receive by
way of rent, advertising income, suite income, so forth and so on...
Mayor Suarez: And I understand that I'm not asking...
Mr. Korge: ... it's a million dollars a year.
Mayor Suarez: And we're not asking for the very best case.
Mr. Korge: Right.
Mayor Suarez: In which we wouldn't have to participate very much in the
expenses or the very worst case that we'd have to participate to...
Mr. Blaisdell: The total revenue coming from the team on an annual basis is
about nine hundred to a million dollars.
Mr. Korge: That's how much comes to the facility a year, $900,000 to
$1,000,000, then...
72 April 28, 1988
C *11
Mayor Suarez: Compares to the minimum base rental at Bayside which is in the
first few years, three fifty, goes up to six fifty and eventually ends up
being a million for much larger property and much more costly than this.
Mr. Plummer: ... big difference, Mr. Mayor is at Bayside, we don't have any
monies invested in land. At the arena, tell me what is the annual lease
agreement back with the City as...
Mr. Korge (OFF MIKE): Three hundred.
Mr. Plummer: How much?
Mr. Korge: $300,000.
Mr. Blaisdell: $300,000.
Mr. Plummer: The hell you say, it's near $600,000 based on what you paid for
the property. So you deduct that from the million dollars...
Mr. Blaisdell: The City...
Mr. Plummer: ... or the $900,000. Now that's on the best case scenario.
Mr. Blaisdell: The City entered into a land lease agreement with the Sports &
Exhibition Authority for the land, OK, and for that, the City gets $300,000 a
year...
Mr. Plummer: Mr. Bailey.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Step up there Mr...
Mayor Suarez: And also, this doesn't take into account, of course, the other
tenants and the other events at the arena. This is just one partial tenant.
Mr. Plummer: Mr. Bailey, what's the first year going to cost the City for the
land?
Mr. Bailey: With the interest?
Mr. Plummer: Yes.
Mr. Bailey: Three - it's a little over $600,000.
Mayor Suarez: How much was the land cost?
Mr. Plummer: With all costs involved.
Mr. Bailey: All costs involved for the land?
Mayor Suarez: How much was the land cost, Herb?
Mr. Plummer: Yes.
Mr. Bailey: Gosh, I don't have the figure at it...
Mayor Suarez: How much did the land cost?
Mr. Plummer: You gave me a figure near $600,000.
Mr. Bailey: Well, the interest payments for the money that we borrowed - it's
$300,000 we paid, we got another $600,000 payment coming up next year. We're
going to have to sell bonds and pay off the note because we're looking at
pretty much at 1.2 million dollar payment.
Mr. Plummer: That's right.
Mayor Suarez: How much did the land cost?
Mr. Bailey: Roughly three and a half million dollars, I believe.
73 April 28, 1988
Mayor Suarez: So a fair return would be on that money would be $350,000 a
year.
Mr. Bailey: Well, we get three hundred...
Mr. Plummer: Yes, but the problem is, it's costing us this year almost
$600,000.
Mr. Blaisdell: But, Mr. Commissioner, and Mr. Mayor...
Mr. Plummer: No, that's the debt service.
Mr. Blaisdell: ... it's important to note that part of the land was purchased
by the authority and donated to the City so it wasn't like the whole 3 million
dollars came up out of the...
Mayor Suarez: Well, not from general funds or anything like that but the
authority is also an agency of the City deriving its funds from a bed tax and
so on.
Mr. Blaisdell: Exactly, absolutely, absolutely.
Mr. Plummer: Sometimes we wonder.
Mayor Suarez: Which is also paid by the citizens and other people that come
from the outside so it isn't quite like money that comes out of the sky
either.
Mr. Plummer: You guarantee that the authority is an arm of the City.
Mrs. Kennedy (OFF MIKE): Well...
Mayor Suarez (OFF MIKE): I think it is.
Mr. Dawkins: On the chill water agreement with the county, what's the length
of that, when does it expire, or how long is it for?
Mr. Blaisdell: It's an original term of 15 years which exceeds the original
NBA...
Mr. Dawkins: Fifteen year...
Mr. Blasidell: ... and there's an option to go up to 32, I think, from us.
Mr. Dawkins: And is that option to raise the cost or will the cost remain
steady or does the county have the option to raise the cost of the chill
water?
Mr. Blaisdell: It's a fixed price and there's pass throughs for whatever
operating costs come through but it's a fixed 12 cent per kilowatt ton.
Mr. Korge: It's also indexed, it's indexed to certain indicators that relate
to electricity, gas, oil...
Mayor Suarez: Now you're sounding like him.
Mr. Blaisdell: Let me give you an example, Commissioner, for conventional
kilowatt hours, it's going to cost - it would have cost the authority in the
arena facility between 15 and 18 cents to buy that electricity on a kilowatt
hour basis. And it's now costing us, under the chill water agreement, about
12 cents, so we have a range of savings in that budget category from about 3
to 5 cents which we feel is a very comfortable range to be in.
Mr. Dawkins: Insurance costs.
Mr. Blaisdell: Yes, sir.
Mr. Dawkins: What is that?
Mr. Blaisdell: The budget for insurance projected for the first year is about
three...
74 April 28, 1988
41 s
Mr. Dawkins: No, what does it cover, does it cover the team, does it cover
liability for the City, does it cover...?
Mr. Blaisdell: No, the insurance number that you see here represents costs
for comprehensive general liability and workmens compensation for the arena
facility. The Miami Heat is required to maintain their own insurance which
they pay for and that includes liability, workmens compensation, bodily
injury, legal liability and any insurance which the operator deems as - as a
prudent operator...
Mayor Suarez: Well, following up on the Commissioner's question, on the
Insurance, not that the team provides, but the insurance that we're providing,
does it cover, for example, someone coming to one of the team's events...
Mr. Blaisdell: Absolutely.
Mayor Suarez: ... and falling?
Mr. Blaisdell: No, our insurance... theirs would be primary coverage. From a
liability policy point of view we would be secondary coverage just because the
probability that we would get sued is likely but the team's insurance is
primary coverage. And we have subrogation rights against their insurance
companies.
Mayor Suarez: So it covers the same kinds of incidents.
Mr. Blaisdell: Yes, sir.
Mr. Dawkins: And any event coming in there other than the Heats to play will
be required to purchase the same coverage for the lack of a better term, that
the Heats must provide. That is if...
Mr. Blaisdell: You mean other major tenants, Commissioner?
Mr. Dawkins: That is if Ringling Brothers. come in there, will Ringling
Brothers. be required to have the same coverage so that the City will not be
liable for their events?
Mr. Blaisdell: I don't know that the extent of the coverage it would be the
same, I don't know the answer to that question, Commissioner but I can find
out and get back to you.
Mr. Dawkins: Please do, now my final question. What, since we are dealing
with public dollars, what percentage of the profits of the Heats will go to
minorities?
Mr. Blaisdell: Of the Miami Heat profits or the revenues derived from the
Miami - I don't understand that.
Mr. Dawkins: Bottom dollar figure. OK? I said to them at the very beginning
to go and get some minorities and get them involved, see that they reap some
benefits from this and now it's reckoning day, tell me what you have.
Ms. Pauline Winnick: Commissioner, I'm Pauline Winnick and I think I'm one of
the minorities that profits a little bit from the Miami Heat. We are
committed to your minority participation. I'm very familiar with it, having
been part of it at the City of Miami. Right now, we are not in a profit mode
at all, there are no revenues coming in and we won't until the season starts.
Mr. Dawkins: OK, they have a woman, they have a Cuban and they got no blacks.
Now, explain that to me.
Ms. Winnick: I think that you have like everything else, I think you have to
give us a little time.
Mr. Dawkins: No, no, no, see every time they come before this Commission,
they tell me, give them some time, OK? How long did it take to construct this
arena?
Mr. Blaisdell: It will be seventeen months.
75 April 28, 1988
Mr. Dawkins: Seventeen months. And in 11 months, they went and found a Cuban
with - how many millions of dollars did he put in, he bought?
Ms. Minnick: The franchise, how much it cost? The franchise cost...
Mr. Dawkins: No, no, no, how many millions of dollars did the Cuban that they
found, how much did he come up with? Something like 3 million dollars to buy
his share?
Ms. Minnick: I'm sorry, I really don't know, I do know that...
Mr. Dawkins: What did he come up with?
Mr. Korge: I don't know the inner workings of their deal. I don't know how
much Mr. Iglesias spent.
Mr. Dawkins: All right, well, all right, now that is not one of my type of
Cubans, not if he's got 3 million dollars, OK? I'm talking about one of them
other ones, OK?
Mayor Suarez: He's another kind of Suarez, I have to tell you, because his
last name is Suarez but not from my side of the family.
Mr. Dawkins: OK and not one black and you can't tell me, they can tell me but
they can't make me believe, that out of all of the black professional
basketball players, that one of them did not need a tax shelter and that he
would not have purchased shares in this team had they went to look for him.
OK? Now, I'm going to be monitoring them and every time I get a chance to zap
them, I'm going to zap them. Now, coming back to the arena, what minority
participation in ownership do you have for women, Cubans and blacks? The
arena, not you, Pauline, I'm finished with you, darlin'.
Mr. Plummer: Wait, wait, wait, wait a minute. Would you also, just for my
sake, include Anglo?
(APPLAUSE)
Mr. Dawkins: Well, J.L., we're going to give you the concessions. That's
what you all used to...
Mr. Plummer: Yes, you're going to give... the day is rapidly coming when
we're not going to settle for what's left over, I want to tell you.
(APPLAUSE)
Mr. Dawkins: But, you know, J.L. is right, you know. -They need - what do you
have for the - all right, let me rephrase it then.
Mr. Blaisdell: Fifteen percent.
Mr. Dawkins: What, name it...
Mr. Blaisdell: There is...
Mr. Dawkins: No, no, no, no, name me the bodies that you got receiving 15
percent. Don't tell me nothing about it's written in that we are going to
find somebody for 15 percent. Tell me today, Joe Blow got 4 percent, Mary
Brown got 8 percent and Anglo, J.L. Plummer's friend, got 2 percent.
Mr. Blaisdell: Commissioner, 1 know some but not all of the players and I can
name them for you if you like.
Mr. Dawkins: Name what you know.
Mr. Blaisdell: Jesse McCrary...
Mr. Dawkins: Has what?
Mr. Blaisdell: I don't know, Commissioner.
Mr. Korge: I think he has three... he may have 3 percent.
76 April 28, 1988
Mr. Blaisdell: I think it's 3 percent but I just don't want to name a figure
without being sure.
Mr. Dawkins: All right, 3 percent, that leaves 97 percent. All right, go
ahead.
Mr. Blaisdell: Clyde Pettiway...
Mr. Dawkins: Go ahead - got what?
Mr. Blaisdell: I think it's one and a half or three percent, I'm not sure
which one. If you like, Commissioner, I can get on the...
Mr. Dawkins: And they have paid their money and they have the stock in hand
for this.
Mr. Blaisdell: They are limited partners in the partnership, that's correct.
Mr. Dawkins: OK and you can bring me something in writing where they have
paid their money and they got this in hand.
Mr. Blaisdell: I can bring you how the structure was created, Commissioner, I
don't know the inner working deals of the Decoms but...
Mr. Dawkins: OK, all right...
Mr. Plummer: Well, wait a minute, don't we have the right to know that
information?
Mr. Blaisdell: Yes, Commissioner.
Mr. Plummer: I mean, it's public record, I'm assuming.
Mr. Blaisdell: We can get a hold of the information.
Mr. Plummer: OK, go ahead, I didn't mean...
Mr. Dawkins: All right then, at the next...
Mr. Plummer: We got six percent out of a hundred.
Mr. Dawkins: ... at the next, yes, that's right. OK, at the next meeting,
I'm going to because I don't want people... bring me the names and some signed
legal documents that these individuals have bought this stock. OK.
Mr. Plummer: Well, you want a complete breakdown, aren't you? Of a hundred
percent of the stock, we would like to see a breakdown and what percentage
each one has.
Mr. Dawkins (OFF MIKE): That's all.
Mr. Plummer: That's not unreasonable.
Mr. Blaisdell: Not at all.
Mr. Dawkins (OFF MIKE): OK, I got no further questions.
Mayor Suarez: OK, any further questions from the Commission? Frank, you're
almost a Commissioner.
Mr. Plummer: He thinks.
77 April 28, 1988
2
------------------------------------------------------------------------------
7. AUTHORIZE SUBMITTAL OF A GRANT PROGRAM FINAL STATEMENT TO USHUD FOR
$11,297,000 FOR THE PROPOSED COMMUNITY DEVELOPMENT PROGRAM DURING 1988-
1999 (SEE LABELS 5-5.13).
------------------------------------------------------------------------------
Mr. Castaneda: No, no thank you. No thank you. You never voted on the
resolution approving...
Mayor Suarez: I'll entertain a motion on the...
Mr. Castaneda: ... as amended.
Mayor Suarez: ... global resolution as amended and various Mays for the
community development block grant monies...
Mr. Plummer: So move.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-384
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT
THE ATTACHED APPROVED GRANT PROGRAM FINAL STATEMENT TO
THE U.S. DEPARTMENT OF HOUSING b URBAN DEVELOPMENT
(HUD) REQUESTING FUNDS IN THE AMOUNT OF $11,297,000
FOR THE CITY'S PROPOSED COMMUNITY DEVELOPMENT PROGRAM
DURING 1988-1989; FURTHER AUTHORIZING THE CITY
MANAGER, UPON APPROVAL OF SAID GRANT BY HUD, TO ACCEPT
THE SAME AND EXECUTE THE NECESSARY IMPLEMENTING
CONTRACTS AND AGREEMENTS.
(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 !tiller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Now quickly get out of here, Frank, before anybody has any
other question.
76 April 26, 1988
------------------------------------------------------------------------------
8. APPROVE A RECOGNITION, NON -DISTURBANCE AND REIMBURSEMENT AGREEMENT
BETWEEN THE MIAMI SPORTS AND EXHIBITION AUTHORITY AND MIAMI HEAT LIMITED
PARTNERSHIP SUBJECT TO FULFILLMENT OF REQUEST BY COMMISSION (SEE LABEL
6).
Mayor Suarez: On the contract. I'll entertain a motion if there's no further
questions.
Mrs. Kennedy (OFF MIKE): Move it.
Mayor Suarez: Moved, do we have a second?
Mr. Dawkins (OFF MIKE): Second.
Mayor Suarez: Seconded. Any further discussion? Is it an ordinance? Just a
resolution.
Mr. Plummer: No, it's a resolution. And that's got to come...
Mayor Suarez: Call the roll.
Mr. Plummer: Wait a minute, excuse me, it's got to come back here for final
approval, correct?
Mr. Blaisdell: The agreement? This is final approval, Commissioner.
Mr. Korge: This is the agreement. This is it.
Mayor Suarez: This is it.
Mr. Plummer: OK, and they've already agreed to it.
Mr. Korge: Yes.
Mr. Plummer: OK.
Mayor Suarez: Call the roll.
Mr. Plummer: And that's predicated on your coming back next week with a full
breakdown and percentage of owners.
Mr. Blaisdell: Of the Decoma partnership.
That's what the Commissioner
Dawkins has asked, other...
Mr. Dawkins (OFF MIKE): Of the arena.
Mr. Plummer: No, of the...
Mr. Dawkins (OFF MIKE): Of the arena.
Mr. Plummer: Of the arena?
Mayor Suarez: The arena's ours.
Mr. Plummer: I thought...
Mr. Blaisdell: My understanding, Commissioner,
is that Commissioner Dawkins
wants a specific... who is the participant and
to what extent in the Decoma
partnership, minority participation.
Mr. Plummer: Not the...
Mr. Dawkins: And the Heat.
Mr. Plummer: And the Heat, yes.
Mr. Blaisdell: And the Heat. Not next week, at
the next meeting, correct?
79 April 28, 1988
6
Mayor Suarez: Decoma and the Heat.
Mr. Blaisdell: That's correct.
Mr. Plummer: Right.
Mayor Suarez: Call the roll.
Mr. Plummer: So it's approved, subject to that. This final agreement is
approved subject to that.
Mr. Blaisdell: To the submission.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 68-385
A RESOLUTION AUTHORIZING THE CITY MANAGER TO CONSENT
TO AND APPROVE A RECOGNITION, NON -DISTURBANCE AND
REIMBURSEMENT AGREEMENT, IN SUBSTANTIALLY THE FORM
ATTACHED HERETO, BETWEEN THE MIAMI SPORTS AND
EXHIBITION AUTHORITY AND MIAMI HEAT LIMITED
PARTNERSHIP.
(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.
------------------------------------------------------------------------------
9. BRIEF DISCUSSION AND CONTINUANCE TO MAY 12, 1988 OF CLASS C SPECIAL
PERMIT FOR A MIXED -USE PROJECT AT APPROXIMATELY 3151-3199 S.W. 27TH
AVENUE, 2660 LINCOLN AVENUE AND 2699 TIGERTAIL AVENUE.
Mayor Suarez: I have one item which is PZ-23 where counselor has to be at a
judicial nominations commission meeting and I believe that the citizens and
personal Tucker Gibbs are going to request a deferral and I know that you're
not going to want a referral but maybe you ought to hear that real quick so
you can get back to nominating judges. Hopefully, you'll be...
Mr. Plummer: Maybe we'll be better off if we hold him here and don't let him
to.
Charles C. Poppy III, Esq.: Maybe so.
Mayor Suarez: It's PZ-23?
Mr. Poppy: Yes, sir, it's PZ-23 and it is an SPI-13 zoned piece of property.
It's already been zoned SPI-13 at the corner of...
Mr. Plummer: For the record would you give us your name.
Mr. Poppy: I'm sorry, Commissioner, I'm running around like a wild man today.
Charles C. Poppy, III, 201 Alhambra Circle, Suite 502, Coral Gables.
Mr. Plummer: You are a registered lobbyist?
80 April 28, 1988
0
Mr. Poppy: Yes, sir, and I'm here on behalf of the applicant, Commissioner,
and this property has been rezoned by you for SPI-13. It is on the corner of
Tigertail and 27th Avenue and we are here today before you on the sole issue,
as I understand it, of the landscaping permit which must be approved by you.
We have various drawings and so forth here for you on that respect. I believe
these drawings have passed muster with your staff and so forth and, in
addition, it's our understanding that this is the, under the USPI-13
ordinance, this is the procedure we have to go through is we have to get the
landscaping approved. It is my understanding that some of the folks from
Tigertail have an objection to what we have planned for landscaping and it's
my understanding that they are going to seek a deferral. We are, of course,
opposed to the deferral because it would put us back another month and that is
exactly where we are.
Mr. Tucker Gibbs: We're asking for a deferral for two reasons. One, we were
assured by the developer of the property, Mr. Segal, back in November, that we
would have access to the plans prior to the meeting. We had a meeting on
Tuesday and some people, Mr. Jim McMaster for one, could not attend and who
were interested in this and we feel that we should have had a little more
notice about looking at those plans to make any kind of comment at a public
hearing. And this was an assurance that was given to us by the developer of
the property and it...
Mayor Suarez: What discretion do we have in this kind of a matter at this
point? Having approved the zoning and now the landscape plan and...
Mr. Guillermo Olmedillo: The SPI-13 zoning required the landscape plans to be
approved directly by you. However, there's a Class C process which the
planning director undertakes. This will be one of the referrals that the
planning director makes as part of the Class C special permit. This is not to
say that this is the last that the neighbors will see of the particular plan
because they will have...
Mayor Suarez: No, I was - I'll rephrase it, what standard do we apply? I
mean, what discretion do we have in deciding whether we like that particular
plan for landscaping and tiling and whatever else they're doing.
Mr. Olmedillo: There are certain rules within the SPI-13 about the setbacks
and about the buffer and it must be provided for.
Mayor Suarez: But those are objective rules, I presume those have been
satisfied. But, I mean, as far as... No?
Mr. Sergio Rodriguez: You don't have any clear standards.
Mayor Suarez: No clear standards?
Mr. Rodriguez: Basically, there was a concern by the Commission when this was
approved that it would be brought to your attention so that if you felt,
through the request from the neighbors, that there was not an adequate buffer
that you will be able to say something about the matter as compared to a Class
C...
Mayor Suarez: Pretty nebulous, pretty nebulous, so what are...
Mr. Rodriguez: Yes.
Mr. Poppy: Mr. Mayor, it is my understanding that their objection is not with
the landscaping as it's planned but whether or not there would be an entrance
to the building off of Tigertail. And it's my understanding of this process
that we're here to discuss the landscaping and if they wish to appeal the
decision reference the Class C permit, that's a subject for another evening.
That's my understanding of your process.
Mayor Suarez: Is that the correct procedure?
Mr. Rodriguez: If that is the objection they have, yes.
Mr. Gibbs (OFF MIKE): That's not the objection we have.
Mayor Suarez: That's not the objection you have.
81 April 28, 1988
0
Mr. Gibbs: Our objection is the landscaping along Tigertail.
Mayor Suarez: I guess they're going to want to require more time so I'll
entertain a motion to defer the item.
Mayor Suarez: We have a motion, do we have a second?
Mrs. Kennedy: What is the motion...
Mayor Suarez: To defer, until the citizens have had a chance to...
Mr. Plummer: Well, all right, let's listen, listen, let's be fair about it
then, I'll go along with the deferment if it's rescheduled for May the 12th.
Mr. Rodriguez: So it will be continued till May the 12th.
Mayor Suarez: As opposed to the next planning and zoning agenda which means
cutting... OK?
Mr. Rodriguez: So it will be contined till May the 12th at 5:00 o'clock.
Mr. Plummer: That's fine.
Mr. Dawkins: OK, now you have to get your people there. Now we can't let you
come back and tell us that some people wanted to review it and couldn't make
it and couldn't get there.
Mr. Gibbs: I want to remind the Commission, the Civic Club has never ever
asked for a deferral. This is the first time we've done this. We take this
very seriously.
Mr. Dawkins: I have no problem but I just have to tell you so, you know, so
you know how I'm going to vote, if the, see...
Mr. Gibbs: We understand. Right, we understand.
Mayor Suarez: OK, we have a motion and a second. Any discussion? Call the
roll.
ON MOTION DULY MADE BY COMMISSIONER DE YURRE AND SECONDED BY VICE
MAYOR KENNEDY, THE ABOVE MATTER WAS CONTINUED TO THE CITY
COMMISSION MEETING OF MAY 12, 1988 AT 5:00 O'CLOCK P.M. 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.
NOTE FOR THE RECORD: AT THIS POINT, ITEM PZ-7 WAS WITHDRAWN BY
APPELLANT.
82 April 28, 1988
------------------------------------------------------------------------------
10. A. ALLOCATE $135,000 TO THE BAYFRONT PARK MANAGEMENT TRUST - B. EMPLOY
IRA KATZ AS MANAGER OF SAYFRONT PARK.
------------------------------------------------------------------------------
Mayor Suarez: Item three.
Mrs. Kennedy (OFF MIKE): That's Commissioner Dawkins.
Mr. Dawkins: Item three, I put it on a... I do not believe that the trust
should be handicapped, I'm going to be voting all I can next year not to fund
them. They said they need $135,000 to operate with, I want to give them what
they want so that next year when I point out what they didn't do, they won't
say they were under funded so I move that they get the $135,000 they asked
for.
Mayor Suarez: So moved.
Mrs. Kennedy: And I'm delighted to second.
Mayor Suarez: Without the editorial, she seconds. Any discussion? Call the
roll.
Mr. De Yurre: Whoa, whoa, whoa, whoa.
Mayor Suarez: Commissioner De Yurre.
Mr. De Yurre: Yes, sir. Where's Cesar, he's not going to be here for this
item?
Ms. Hirai (OFF MIKE): Dawkins, Kennedy.
Mrs. Kennedy: Where's who?
Mr. Dawkins: No, no.
Mr. Sergio Rodriguez: He's temporarily upstairs, somebody's meeting with him.
Mr. De Yurre: Just for my own edification, where at, percentage wise are we
with the park right now as far as completion is concerned?
Mayor Suarez: That's an interesting question.
Mrs. Kennedy: The park should be completed, to be safe, let's say within a
year, even though they assure me that it will be in eight months.
Mr. De Yurre: But where are we at right now, 50 percent, forty, sixty?
Mayor Suarez: Can that be expressed in a percentage in any way?
Mr. De Yurre: To have an idea.
Mr. Jack Eads: I think with the project that's underway right now, that
portion exclusive of the last south is about 95 percent complete.
Mrs. Kennedy: Yes, it's only the south end which is the rock garden, a
playground for kids, the laser light tower should be....
Mayor Suarez: It's a subjective figure though because, you know, with a big
hole there where a fountains supposed to be and...
Mr. Dawkins: You mean to say that with the fountain, the fountain is only 5
percent of the total project?
Mr. Eads: No sir. The fountain probably represents about 15 percent of the
total project, excluding that 15 percent, the remaining 85 percent is
approximately 95 percent complete.
Mayor Suarez: So where...
83
April 28, 1988
Mrs. Kennedy: Good answer, Jack. Good answer.
Mayor Suarez: That means we are eighty - somebody check this out, but it's
like 81 and a third percent completed as to the whole.
Mrs. Kennedy: Maybe.
Mr. Eads: OK.
Mayor Suarez: Not the hole that's over there now with the fountain, I mean
the whole in the other sense. We won't get any more into that. OK, anything
else? Commissioner.
Mr. De Yurre (OFF MIKE): OK, well now that - because the thing is that if
we're giving $135,000, you know, we were discussing the other day that
$600,000 was too much for us to make up the difference of a million dollar
package and the thought is that the amphitheater would make up part of that
cost. But in discussions, you know, it just seems to me that to a degree
we're spinning our wheels with the concept of the amphitheater because it's
not created as a commercial amphitheater the way it's structured. And, you
know, I think that if we are relying on the amphitheater to provide us with X
amount of thousands of dollars to defray the cost of the maintenance of the
park, then we have to revisit the issue of what are the needs to make that a
commercial amphitheater or not.
Mrs. Kennedy: OK, let me answer that question. The discussions took place
many months ago. We had two options in the park, we could either make it a
total commercial venture and make money or we could divide it half and half,
180 days were free to the public and 180 was paid. We opted for the second
choice. The park is not supposed to make money. We are creating very
innovative ways to make money but we cannot count with the amphitheater. It
will help defray some of the costs but the trust is making that decision right
now, in fact whether to stay with the 4,000 seat cap or go to the 10,000 seat
cap and it's a decision, in fact, that we're going to be making next Thursday.
Mr. De Yurre (OFF MIKE): Because the thing is that philosophically we have to
understand what our goals are before we can set the mechanism to make it work
and whether we're talking about a 4,000 or a 10,000 seat amphitheater, the
thing is that if you're going to structure it to be commercial, you have to
add maybe, and I've been talking to a number of people involved in it, between
one and two million dollars to add the bathrooms, to add the gates that are
needed and so on and so forth. And that's something that philosophically we
have to decide whether we want to use that for that purpose to help subsidize
the cost of running the park. I don't know if we're there yet or if that's
pretty much up in the air of where we're going to go. But if we have another
amphitheater that's going to cost us about 3 million dollars, then we need to
make up our minds whether we're going to build it or we're going to use that
money for the one or two million that's needed over here, or we're going to
use that money as a base to get the interest money to help fund the park.
Mrs. Kennedy: One of the things that I've been talking to the City Attorney
about is the second amphitheater costs approximately $2,800,000. To use the
interest that is already generated by that money, which is approximately about
$150,000 at this point, and use it towards the maintenance of the park and she
tells me that it can be done.
Mayor Suarez: Is that money already in the bank?
Mrs. Kennedy: That money's already in the bank, it's from the Sunshine pool.
Mayor Suarez: Didn't some of it come from the...
Mrs. Kennedy: Sunshine pool.
Mayor Suarez: ... port bridge...
Mrs. Kennedy: No, it's from the Sunshine pool that was allocated half to the
inner city parks and half to Bayfront Park.
Mayor Suarez: OK, so you're taking just the amount that actually was funded
already...
84 April 28, 1988
Mrs. Kennedy: Correct.
Mayor Suarez: ... because I don't think the port bridge - has the closing
been done, have we actually got the money from the county?
Mrs. Dougherty: The answer is no.
Mayor Suarez: Are we close?
Mrs. Dougherty: No.
Mayor Suarez: So, it's the other ten million plus, right, that is generating
that kind of interest?
Mr. De Yurre (OFF MIKE): When...
Mrs. Kennedy: It's about $4,000,000.
Mayor Suarez: Four? Well, I guess with that portion of the 10 million plus
that has now been spent.
Mr. Plummer: What's the hold up on the final signing of that document?
Lucia, what is the final hold up on that document being signed?
Mrs. Dougherty: The port boulevard hold up right now is that...
Mayor Suarez: Before you answer that, I want to revise our prior
determination of a new City Attorney to state that before you leave, you have
to complete that negotiation, close and give us 5.9 million dollars.
Mr. Plummer: What's the hold up?
Mrs. Dougherty: The last thing that's happened is that the Dade County is
going to require us to - or Rouse is going to require us to purchase insurance
to cover Rouse during the construction period. Dade County is supposed to
give Rouse how much the entire amount of construction is. They haven't done
so, so Rouse doesn't know how much it's going to cost for insurance to tell us
whether or not we can pay it or not. And I sus...
Mayor Suarez: That's insurance during the time of construction.
Mrs. Dougherty: During the time of construction only.
Mr. Plummer: Well, they're not looking to us for it.
Mrs. Dougherty: They may be looking for us for it but they have also got a
commitment from the state. What they're looking for us is a backup, but until
somebody tells Rouse how much the total construction cost is, which is now
Dade County who hasn't done that, then that's why it's slowed up and the
reason it's really slowed up is because they're not at the point where they
want to construct.
Mr. Plummer: Well, why...
Mrs. Dougherty: When they want to construct, then everything will happen just
like always.
Mr. Plummer: Why would the City of Miami be liable for any loss...
Mrs. Dougherty: We are not liable, absolutely not liable.
Mr. Plummer: You said they want us to be the second backup.
Mrs. Dougherty: They do.
Mr. Plummer: But we're not going for it.
Mrs. Dougherty: They want us...
Mayor Suarez: We gave them an easement, I mean, they have some right to the
land in question being used.
85 April 28, 1988
Mr. Plummer: We sold it.
Mrs. Dougherty: Rouse doesn't own the property either. The truth of the
matter is they're probably not liable. Their attorneys are fearful that during
the construction, someone will sue them even though they don't own the
property and that's why they want insurance. They want insurance first from
the state, secondly from us if they don't get it from the state.
Mayor Suarez: Saying, if they don't own the property, we own the property.
Mrs. Dougherty: Correct.
Mayor Suarez: And we have sovereign immunity up to certain amounts.
Mrs. Dougherty: Right.
Mayor Suarez: So it would be in their interest to convince the world that
they don't own the property and they have no liability because then we would
have some limitations on our liability...
Mrs. Dougherty: That's our view that they don't own the property, they
wouldn't have any liability but they're...
Mayor Suarez: And it cannot be worked out as a hold harmless of some sort
with some limitations without having to put any money for insurance?
Mrs. Dougherty: We will only hold them harmless for the amount of our cap
because if we indemnify them for over our cap then...
Mayor Suarez: Of to our sovereign immunity. And they can't go out and buy it
at cheap umbrella coverage for something that they're probably not even liable
for. In any event...
Mrs. Dougherty: Well, that's what they want to do, but no ones giving them
the amount of total construction yet. And it's not at the point where Dade
County wants to construct, that's why they're not in a rush to do this for us.
Mayor Suarez: Could be other reasons why Dade County doesn't want to be in a
rush to do things, but we won't go into those at this point. OK, anything
else on this?
Mr. De Yurre: Mr. Mayor.
Mayor Suarez: Yes, Commissioner.
Mr. De Yurre (OFF MIKE): What I'd like to do is if we can bring to a head
this issue so that we can know what we're going to be doing with that second
amphitheater and what we're going to be doing with the one we already have.
If we're going to be changing, you know, our philosophical views about it or
which way are we going to go because I think that's pretty much up in the air
right now as to what needs to be done. I don't know what Commissioner Kennedy
has in mind, whether she plans to bring it before us any time soon.
Mrs. Kennedy: I do plan to bring it before you at the next Commission
meeting.
Mr. De Yurre: May 12th. OK. Do we have the issue about a manager for the
park, is that going to come up now?
Mrs. Kennedy: That could come up now, Rodney is here and he would like to
talk about it.
Mr. Plummer: We were supposed to be given a program of how that $100,000
would be spent. Where is - because you can't draw down on that $100,000 a
penny until we approve a program and we've not seen the program.
Mr. Rodney Barreto: I'll have to direct that to the finance committee of the
Bayfront Park trust, Commissioner...
Mrs. Kennedy: And they're working on it, yes.
Mr. Barreto: They're working on it from...
86 April 28, 1988
Ll
Mr. Plummer: Well, you better tell them that they cannot draw down one penny
on that $100,000 as approved by this Commission until such time they have
provided us with a breakdown of how the money's going to be spent and we
retain control over that.
Mr. Barreto: Ok. First, I'd like to take this opportunity to thank each one
of you for your commitment to Bayfront Park. Our grand opening was truly
grand in many aspects. I want give special thanks and recognition and I can't
thank everybody, but to the Parks Department for the fine job they did in
preparing the park, Walter Golby and Al Howard, to Ron Williams from GSA and
the Police and Fire Department, to Community Development, Pablo Canton and a
special thanks to Miriam Maer from the City Attorney's office. I also would
like to, but I cannot mention at this time, the 30 odd sponsors we raised and
donated to the park. We raised close to $120,000 for the grand opening from
private sponsors which there's 30 of them and I'd like to thank those but I
don't think it's appropriate at this time to name them all. We thanked them
during the event several times. On behalf of the Bayfront Park Trust, I'm
speaking to you and I'm speaking on proposing to the Commission per the
agreement with the trust on an interim manager of the park subject to your
approval. The person that the park trust has endorsed is a gentleman who
already works for the City, his name is Ira Katz, he's 25 years old, he holds
a masters degree from St. Thomas University in sports production, excuse me,
sports promotion. The Commission, at the last meeting, had asked the trust to
find a manager. We had requested in our budget $40,000, they suggested that
we knock it down to thirty. We have negotiated with Ira Katz for $28,000 plus
health insurance which I think total would be $29,500. This is what I'm
recommending to the City Commission, to the Mayor that you take this on and
please approve it so we can have an interim manager for the next five months
in place taking all the requests for - my office is overwhelmed with requests
for the uses of this park. The City, I know the Vice Mayor's office is
overwhelmed, DDA's office is overwhelmed, the Parks Department is overwhelmed.
Mr. Dawkins: Well, mine isn't. Mine isn't overwhelmed for use of it.
Mr. Barreto: Well...
Mr. Dawkins: OK, go right ahead, I mean you all just keep throwing out
accolades, I'm going to help you.
Mr. Barreto: 1 just think that we need to put someone in place so we, meaning
myself, the Commission, the Mayor, the Manager, Madam City Attorney, everybody
can direct towards this one person who'll be fully responsible for the park
and his name is Ira Katz.
Mayor Suarez: That's a yearly salary?
Mr. Barreto: Yes, that will be a yearly salary but this is only on an interim
basis.
Mr. Dawkins: Why is he interim?
Mr. Barreto: Because the monies that you appropriated to us is only $135,000
and that's for the next five months and it's...
Mr. Plummer: A hundred.
Mr. Dawkins: Well, is the interim...
Mr. Barreto: Oh, excuse me, a hundred.
Mr. Dawkins: Is he an interim with an option if the money is renewed?
Mr. Barreto: That would have to be renegotiated. We're going to draw up a
contract with him through the City Attorney's office for just a five month
period.
Mayor Suarez: Is he being paid $29,000 for a twelve month period or a
proportion of that equal to the four months left of...
Mr. Barreto: That's correct, a proportion of that equal to the four months
left. You're looking at what, $8,000.
87 April 28, 1988
0 0
Mayor Suarez: Whatever, a third of it.
Mrs. Kennedy (OFF MIKE): Ten thousand, eight thousand.
Mr. Barreto: Right, a third.
Mr. Plummer: Let me tell you where I got the problem. I've got no problem
with hiring him for the next, for the twenty-nine five. But if you prorate
that over a year, you're then talking about $72,000.
Mr. Barreto: No, sir, no, no, no.
Mayor Suarez: That's what I just asked.
Mr. Barreto: The total, if I was hiring him for a year, would be $29,500.
Mr. Plummer: So he's getting a pro-rata of the twenty-nine.
Mayor Suarez: A third of it.
Mr. Barreto: Of the twenty-nine five which is, you know, $8000, if that much.
Mayor Suarez (OFF MIKE): That's what I just asked.
Mr. Plummer: Is that a full time position?
Mr. Barreto: That will be a full time position. He will be based out of
Bayfront Park, we'll have an office there. We've had a law firm, downtown
Miami law firm has donated the furniture for staffing the park and the office.
It would be subject to coming through the Commission first and...
Mr. Plummer: You're then saying that over the pro -rate share, he would be
paid $2500 a month.
Mr. Barreto: That's correct.
Mr. Plummer: That's fair enough.
Mr. Barreto: And for those of you who don't know Ira, Ira is very
instrumental in all of these special events. He was instrumental in Miami
Magic this past weekend down at Bayfront Park and a very, very good go-getter.
Mr. Plummer: Well, give us the time to see if the five months he produces
whether we want him next year or not.
Mrs. Kennedy (OFF MIKE): Right, exactly.
Mr. Barreto: I agree with that, Commissioner.
Mrs. Kennedy (OFF MIKE): OK.
Mayor Suarez: I'll entertain it in the form of a motion.
Mrs. Kennedy: I so move.
Mayor Suarez: Moved. Do we have a second?
Mr. Plummer: To hire him, yes.
Mayor Suarez: Seconded. Call the roll.
Mr. Dawkins (OFF MIKE): What happened to my motion to put a hundred thirty-
five...
Mayor Suarez: Oh, do we have that on the table, I'm sorry.
Ms. Hirai: There is a standing motion.
Mayor Suarez: Do we have a second on that motion?
Ms. Hirai: Yes, we do, Mr. Dawkins...
88 April 28, 1988
Mr. Dawkins (OFF MIKE): Mrs. Kennedy seconded it.
Mayor Suarez: Let's take the global amount, the total budget first please.
We have a motion and a second on $135,000, call the roll on that.
Ms. Hirai: Yes, sir.
Mr. De Yurre: OK, hold it, on that...
Mayor Suarez: Commissioner De Yurre.
Mr. De Yurre: I would like to add to it that just like we're requesting a
breakdown of the hundred and thirty-five if it passes, I want a breakdown of
where the hundred and thirty-five is going to come from, from the City, you
know what is going to be losing the $135,000. Where is Cesar, City
Administrator, going to find the hundred and thirty-five? For my information,
I want to know what's going to be losing out.
Mr. Plummer: Instead of seventy lay offs on this coming Monday, it'll be
eighty.
Mr. De Yurre: Well, I want to know that.
Mr. Plummer: When your budget is 90.2 percent people, every dollar that you
suffer, you suffer 90 percent people.
Mayor Suarez: Call the roll. No further discussion from the Commission?
Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 88-386
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ALLOCATE AN AMOUNT NOT BE EXCEED $135,000 TO THE BAYFRONT
PARK MANAGEMENT TRUST IN ORDER THAT THEY MIGHT CONTINUE
THEIR OPERATION THROUGH THE REMAINDER OF THE CURRENT
FISCAL YEAR.
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
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
COMMENTS DURING ROLL CALL:
Mr. De Yurre: With that proviso, yes.
COMMENTS FOLLOWING ROLL CALL:
Mayor Suarez: OK, on your motion on the $29,000 for the Manager - that's
within the hundred thirty-five, I presume, obviously.
Mr. Dawkins (OFF MIKE): Right, um humm.
Mr. Plummer: That's correct.
Mayor Suarez: We're doing that independently because I think we built that
into your trust documentation that we have to approve that.
Mr. Plummer: Now I would assume the same provision applies to the one thirty-
five that applied to the hundred and that is, that before they can spend any
of that money, with the exception of Ira Katz, they must give this Commission
a complete breakdown and have it approved before they can draw down.
89 April 28, 1988
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Mayor Suarez: That was as to the prior motion as to the $29,000. Now call
the roll, please.
Mr. Plummer: He said twenty-nine five with health insurance.
Mayor Suarez: Twenty-nine five.
Mr. Plummer: Make a motion - the motion to hire Ira Katz at $2,500 a month
for the remaining five months.
Mrs. Kennedy (OFF MIKE): Right.
Mr. De Yurre: Well, that includes insurance and everything, right?
Mr. Plummer: Yes.
Mr. Barreto: Well, would that include insurance, I didn't break it down.
Mr. Plummer: Yes.
Mr. Barreto: OK.
Mayor Suarez: Whatever the amount is divided on number of months.
Mr. Plummer: $2,500 a month including any perks that he might get.
Mr. Barreto (OFF MIKE): OK.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 88-387
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EMPLOY IRA KATZ AS MANAGER OF BAYFRONT PARK, AT A
MONTHLY SALARY OF $2,500 FOR THE REMAINING FIVE MONTHS
OF THE FISCAL YEAR, INCLUDING PERQUISITES, SAID MONIES
TO COME FROM THE BAYFRONT PARK MANAGEMENT TRUST FUND.
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.
Mr. Barreto: Thank you very much.
Mayor Suarez: Thank you, Rod.
Mr. De Yurre: You know, Mr. Mayor, now that we see...
Mr. Barreto: I haven't, I'm sorry...
Mr. De Yurre: Now we see Commissioner Dawkins getting involved in getting
additional funds for the park, I think that we should start considering naming
the amphitheater the Miller J. Dawkins Amphitheater.
Mr. Dawkins: No thanks, no thanks, no thanks, thank you.
Mr. Barrato: I have one more thing, if I may.
90 April 28, 1988
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Mayor Suarez: M.J., we could do it M.J. and let them guess as to what the
Dawkins is.
Mr. Barreto: I'm very saddened to see that the City Attorney is moving on...
Mayor Suarez: Oh, don't get into that.
Mr. Barreto: ... but I'm equally saddened to see that Assistant City Manager,
Jack Eads' last day with the City is tomorrow and I think I'd like to take
this opportunity to thank him for the fine job he did for us and all the
events that I was involved in. Thank you.
Mr. Dawkins: Well, if you have any luck...
Mayor Suarez: He's not going to receive you in Coral Gables for that speech.
Mr. Dawkins: If you have any luck...
Mr. Barreto: I hope he doesn't have to give a financial report in Coral
Gables though on the 90 percent and eighty...
Mr. Dawkins: If you have any luck, see if you can raise $120,000 for Lucia's
retirement fund like you did for the park.
Mr. Barreto: I'm going to do my best. Thank you.
11. STRONGLY URGE METROPOLITAN DADE COUNTY TO INCREASE ENFORCEMENT OF
MINIMUM HOUSING STANDARDS AND VACANT HOUSING STRUCTURES MINIMUM
STANDARDS IN THE CITY OF MIAMI.
Mr. De Yurre: Yes, last week, Commissioner Kennedy and I have been meeting
with the State Attorney's office with this situation of the crack houses,
dilapidated housing, unsafe structures board and so on and so forth and one of
the things that the information that we have gotten from the county is the
fact that, they don't have the manpower and it's pretty much discretionary
with them as far as minimum housing code violations and things of that nature
and I'm sure that Rosario would like to add to that as to her experiences in
this matter. I think that it's time that we should study the possibility of
enforcing ourselves within the City, the minimum housing code and adopting a
South Florida building code and be able to handle that within. I think the
county only has like six inspectors altogether and they're certainly not
inspecting within the City of Miami.
Mayor Suarez: Well, the South Florida Building Code has been adopted by the
City, as to other provisions not related to the enforcement, I presume,
because I believe it is in our Charter someplace, or in an ordinance.
Mrs. Dougherty: It is adopted by the City and our inspectors enforce it,
however, they have to do so in the County courts, which is not a very
efficient way to do it. What we are suggesting is that we will have the City
Commission be permitted by Dade County to enforce it before our Code
Enforcement Board.
Mayor Suarez: It's the procedure that is a problem. How do you... what is
the next step? Are you going to propose it?
Mr. De Yurre: Well, I think the next step is getting the Commission to OK
going to the County and getting their approval for us to establish our own
procedure.
Mrs. Dougherty: We have a resolution that was Commissioner...
Mr. Sergio Rodriguez: May I bring up to date on a meeting we had this morning
with the state attorney's office and with Miss Kitty Roedel In the meeting we
had with them, basically, what we tried to cover is, what is the best possible
way to handle all these issues that we have before you now, and how we can
expedite the whole process. Among the suggestions that we had from them, that
we were going to bring before your attention on May 12th, as you asked us in
91 April 28, 1968
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the previous Commission meeting, was the idea of trying to work with the
Unsafe Structure Board of Dade County in a way that they would give priority
to our cases, so that they can catch up with the backlog that they have, have
been created due at this point, because of the suspension of the elimination
of the two meetings they had, they were supposed to have, the last two months,
and see whether we can get from them, a commitment to move faster now that
they know, or they will know, that there is some money allocated in the budget
to demolish properties.
Mr. De Yurre: Well, that money has always been there, right, Cesar?
Mr. Rodriguez: They were not aware of that. In the past we have been told by
the state attorney's office that the Unsafe Structure Board from the County
was somewhat reluctant to move faster and put more items on the agenda, other
than the 15 that they have, because they felt that it would take longer to
demolish the property, because, we don't have any money. They were not, or
they had not been completely aware, and we understand, that we have created a
Jump sum of money to handle the demolition of properties, so we were planning
to bring before you on May 12th, the discussion of all these possible
alternatives, so you could have a menu of possible choices in which the
purpose will be to try to come to a fast conclusion in any cases in which we
find there is unsafe situation.
Mr. De Yurre: Well, that we can come to a decision on the 12th, but
meanwhile, between now and the 12th, maybe we can start working on this so
that we can have an option as to whether we want to go ahead and be able to
police our own minimum housing code and...
Mrs. Dougherty: See, the thing about it is, that you have got the Unsafe
Structures Board for unsafe structures that you want to demolish. There may
be some buildings you want them to come into compliance with the minimum
housing code, or the minimum housing code for vacant buildings, which are two
different codes, both of which are enforced only by Dade County, and neither
of which can we enforce before our own Code Enforcement Board, like we do our
zoning ordinances, so...
Mayor Suarez: What is the equivalent board, if any, to deal with, not
demolition, or unsafe structures, but the other violations of the housing
code. Is it just administratively done by the County?
Mrs. Dougherty: The County goes before the County Court, and the package that
I have sent out...
Mayor Suarez: The violations of houses, they can't do anything more directly
then that?
Mrs. Dougherty: Yes, their minimum housing code.
Mayor Suarez: They can't...
Mrs. Dougherty: They could establish their own Code Enforcement Board, but
they don't have it.
Mayor Suarez: Board up a building, or administrative?
Mrs. Dougherty: If it is an unsafe building, they can also go and board up
the building.
Mr. De Yurre: But, that won't solve the problem. You know, in fact that
enhances the situations, then they sneak into the back and they are all
boarded up, so they carry on their activities unnoticed.
Mayor Suarez: No, no, I think there is a way to board up a building so nobody
gets in it, but I understand what you are saying. I was just wondering if
procedurally, they could build without having to go to a board, but you are
telling me they have to a separate board, or to court, you said. I'm sorry.
Mrs. Dougherty: Excuse me? I'm sorry.
Mayor Suarez: You said you have to go to court to try to get an order to...
92 April 28, 1988
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Mr. Dawkins: Yes, their Rehabilitation Board is an appeals board. It is not
an enforcement board. The resolution that we passed out would do two things.
It would ask them to enforce their minimum housing code in the City of Miami
better and more frequently, or otherwise permit us to do so in our Code
Enforcement Board, which right now we can neither the South Florida Building
Code, or the minimum housing code.
Mayor Suarez: And that would apply to certain matters, but not demolition,
necessarily.
Mrs. Dougherty: That's correct, not demolition.
Mr. De Yurre: That would be the Unsafe Structures Board then.
Mrs. Kennedy: Mr. Mayor, let me just ask something of the City Manager,
because I am very serious about this problem. I have been out there with the
community, I have been out there looking at these houses and there is a direct
relation between the abandoned buildings and the crack houses for sure. Now,
in the memo that you prepared for us, Lucia, you say: "The South Florida
Building Code provides that any person who violates the provision of this code
shall be guilty of a misdemeanor and upon conviction of any such violation, a
fine of not less than $50 and no more than $500, and/or imprisonment not tc
exceed 60 days shall be imposed." Can we do it, $500 a day and imprisonment?
Mrs. Dougherty: Yes, but it is really not an effective method of enforcing
the Code, going to County Court, I will tell you why. An inspector has to go
out there and visit the property every day and testify that he saw the
violation every day. It is a lengthy process. The easiest and most effective
way of enforcing, of course, is for our own Code Enforcement Board, which is a
$250 per day fine. That becomes a lien upon the property, if they don't
comply. OK, this is for a property, though, that you are trying to make
comply with the code, as opposed to demolish. There are some properties you
may not want to demolish.
Mrs. Kennedy: Right.
Mr. Odio: That is not what the State Attorney said this morning when we met
with her. The problem is that houses, crack houses, are not necessarily
houses that are not meeting the code and you can demolish, but then we have to
use the publish nuisance law, which, if we take the case to them, they will
process. Also, the City Attorney, I understand, has the right to process
under the nuisance law, and then you can go and seal the house, if necessary,
but it doesn't mean that you can demolish that house. and we have been doing
it.
Mayor Suarez: And that is not easy to prove in court either, a public
nuisance.
Mr. Odio: We have to substantiate what we are saying. In that case, you have
to bring in the drug squad, and do some arrests there in during weeks to show
when you go to court that in fact it is a public nuisance in that particular
house, so there is a difference between the Unsafe Structure Board, and the
crack houses that we are talking about, but I feel that after meeting with
them for almost three hours this morning, that something can be worked out
with the State Attorney, and also bringing in the City Attorney to the
process, and the are willing to train some of our assistant attorneys into
prosecuting the public nuisance law in court.
Mrs. Kennedy: Could we enforce the RICO Act?
Mr. Odio: The RICO Act, what I know about the RICO Act, if you actually
arrest someone in that house that owns the house, for selling coke, or crack,
or whatever.
Mrs. Kennedy: That owns the house. It can't be anybody else using the house?
Mr. Odio: No.
Mayor Suarez: Maybe on May 12th we ought to have also the members of the
Police Department that have been working on that aspect of it, the RICO Act
violations and leaving to forfeiture everything else, because they are quite
advanced in that and I don't know whether we ought to get into that at this
point, Joe, but I know...
93 April 28, 1988
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Mr. Odio: But the one good thing, Mr. Mayor, that I noticed...
Mayor Suarez: Howard Rasmusin has been quite into it.
Mr. Odio: The one thing I noticed this morning is that we have better
communications now then we had before. Now they know, the State Attorney was
surprised about the number of houses we have demolished in the past year. She
was surprised about the amount of dollars we have in the budget right now for
demolition and I think that this... what was established because of all the
discussion is a better communication, and therefore we are processing the
crack houses faster through the public nuisance law.
Mr. De Yurre: Mr. Mayor, I'll move the resolution that the City Attorney is
going to read.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Madam City Attorney, do you want to read
that into the record?
THEREUPON, THE CITY ATTORNEY READ THE RESOLUTION INTO THE PUBLIC RECORD, BY
TITLE ONLY. SEE HEREINSELOW.
Mayor Suarez: So moved and seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 88-388
A RESOLUTION STRONGLY URGING METROPOLITAN DADE COUNTY
TO INCREASE ITS ENFORCEMENT OF THE CITY OF MIAMI
MINIMUM HOUSING STANDARDS AND VACANT HOUSING
STRUCTURES MINIMUM STANDARDS, WITH RESPECT TO
PROPERTIES LOCATED WITHIN THE CITY OF MIAMI, FLORIDA
OR IN THE ALTERNATIVE, TO TAKE SUCH OTHER LEGISLATIVE
ACTION TO PERMIT THE CITY OF MIAMI TO ENFORCE BOTH THE
SOUTH FLORIDA BUILDING CODE AND THE MINIMUM HOUSING
CODE BEFORE ITS CODE ENFORCEMENT BOARD; FURTHER
DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE HEREIN NAMED OFFICIALS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
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12. (A) SECOND READING ORDINANCE: REPEAL ORDINANCE 10273 AND SUBSTITUTE NEW
CHAPTER 54.6 IMPOSING AN "IMPACT FEE" ON ADDITIONAL DEVELOPMENT IN ORDER
TO FINANCE RELATED CAPITAL IMPROVEMENTS. (B) EMERGENCY ORDINANCE: EXTEND
MORATORIUM ON IMPACT FEE FOR 30 DAYS.
Mayor Suarez: PZ-1
Mr. Joe McManus: Mr. Mayor and members of the Commissioner, the impact fee
ordinance has been before you on occasions before. On the overhead
transparency we are showing the current list of exemptions, which basically
include all single family residential development of less than 1,000 square
feet, not resulting in a net increase, all duplex and multiple -family in the
City's community development target areas, other housing certified by the
City's Housing Conservation Development Agency, any joint development with the
City, and the last two are basically the grandfathered development where there
has been a development order issued for developments of regional impact, a
certain time frame there, and also where developers can present complete
building plans. Now, those right now are the complete list of exemptions.
Mr. Plummer: (OFF MIKE) Wait, let me ask on item 6, there has been a
regional impact order on the downtown, and on South Park/Overtown. Is that
development order going no impact fees by in
that area, since the development order has already been in? That's the way I
read it. I'm sure that is not the intent of this Commission.
Mr. Rodriguez: I'm sorry, what is your question again?
Mr. Plummer: (OFF MICROPHONE) My question is, item 6 on the overhead that
already has the development order. I said if the development order is already
and Southeast Park/Overtown.
Mr. Rodriguez: Let me read from the ordinance.
Mr. Plummer: They are not exempt.
Mr. Rodriguez: Let me read from the ordinance, now, because the ordinance
says it specifically under the exclusions. It says any development of
regional impact, "excluding the downtown DRI and the Southeast Overtown/Park
West area -wide DRI." - excluding that.
Mr. Plummer: Excluding, those, well, he didn't...
Mr. Rodriguez: I know.
Mr. Plummer: That's not in there.
Mr. Rodriguez: This is a summary, but what you have to be guided by is the
ordinance you have before you. The only thing else on that issue is as you
know, that development order is now being appealed by DCA and that issue
hasn't been resolved at this point legally yet. That is an item that will be
before...
Mr. Plummer: Well, if it is being appealed, the worst that could happen is
that the development order is withdrawn, and if that is the case, then six
doesn't come into play at all.
Mr. Rodriguez: With the parenthesis, yes.
Mr. Plummer: Yes. Proceed, anything else you have.
Mr. McManus: We didn't have anything further, Commissioner.
Mayor Suarez: Truly.
Ms. Truly Burton: Truly Burton, representing the Builder's Association of
South Florida. You have seen me here many times on this particular issue and
in correspondence in the past, we've not down our specific issues about this
particular problem. I believe Stan Price is going to address any legal
95 April 28, 1988
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problems here, but we still have two major concerns, which are the exemptions,
and fair share. The exemptions now in the ordinance that are up on the
overhead here, will reduce the amount of money that builders will pay to the
City by more than 50 percent. This is not according to me, this is according
to the staff memo on page three, that says you are going to be losing that
money. That means that less than half of the projects are going to be
required to pay for the necessary water and sewer and infrastructure. This
City is going to then have to make a very tough decision. They are going to
have to make up the money some place else, whether that is a tax increase, or
figuring out how else to get it, it is going to be a tougher decision at that
point. It is difficult to see why those exemptions exist. It is hard for me
to see why a City would be turning away money. Now, it is also a surprising
comment coming from a builder's representative, but I just think it is giving
away found money. Second, I don't think the exemptions are fair to the
remaining builders who have to pay their impact fees. Our association has
always been supportive of a fair share type impact fee. Everybody pays their
fair share. If you are a little guy, you pay a little money. If you are a
big guy, you pay big money. The proposal at this point, does not include that
kind of fair share proposal and based on that, we would still oppose this
particular ordinance in this form. Thank you.
Mr. Stanley Price: Mr. Mayor and members of the Commission, my name is
Stanley Price, I am an attorney and I practice in the City of Miami. I am
representing basically the Builder's Association here today, but I have gone
on record with a letter to Mr. Rodriguez, who at that time was solely the
director of the Planning Department, as to the legal position that I feel that
the City should follow. I believe that the responsible development community
would applaud an impact fee ordinance that's fair share. I respectfully
submit to you that the ordinance that you have before you today does not meet
the test of legal form and sufficiency and is in violation of State law. You
have in your packet a memorandum from the City Manager indicating the criteria
which is taken directly from the Dunedin Case, which is a Supreme Court
opinion relating to the legitimacy and the legalization of impact fees and how
they may be assessed. By your proposed section 54.6-6, which are exemptions,
you are totally violative of that case law, and of the standards your City
Manager has indicated to you, is a correct legal standard for impact fees.
Most respectfully, the single largest contributor to trip generations in a
municipality, are single family developments. They generate an average of 10
trips a day. Compare that to a 20 unit apartment house, and I respectfully
submit to you that 10 single family homes will generate a greater impact on
your community than the apartment houses. You have 10 separate units you must
service. You have a higher trip generation, while in an apartment building,
you have a more condensed system, you have one set of pipes to serve that
facility, and you don't generate the amount of car trips because of the size
of the apartments and the amount of bedrooms. Now, in terms of inconsistency,
you specifically exempt under subsection 1, all single family residential
development. You then provide, in subsection 2, any developments of less than
1,000 square feet, not rezoning in a net increase in a number of residential
dwelling units. If I purchase a home on Bayshore Drive, where I have the
sufficient amount of acreage to double the size of my home, and there are
units along Bayshore Drive where I can do that, and I want to put a 2,000
square foot addition onto my home, thereby adding three bedrooms, am I covered
by the 1,000 square foot increase, or do I go back to the original exemption
for single family development? I suggest to you those three additional
bedrooms would not be subject to the impact fee, because it falls under the
category that you have now exempted out, which is single family homes. I also
submit to you that you have gone through statistical data which is annexed
above the Manager's report, and it found its way into your ordinance. That
statistical data is premised upon full development. Now, if it is not
premised on full development, thereby, whoever came up with these statistics
has already exempted out the exemptions that you have so listed in your
proposed ordinance. If, in fact, they are added into your statistical data,
then what you are doing is you are creating a shortfall for the City and yet
at the same time, you are placing an unfair burden on a different class of
citizens.
Mayor Suarez: A shortfall, you mean by the exemptions?
Mr. Price: By the exemptions, correct. Now, Mr. Mayor, how do you make up
for the shortfall? What you do is generally raise your tax revenue base or
find some other type of revenue performing basis to raise this deficiency.
Now, who do you come to? You come to the same people that you have already
96 April 28, 1988
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hit for the impact fee, by increasing their taxation, thereby creating a
double whammy, or double taxation on those same individuals. That is the
reason that in the Dunedin case, and in the criteria that you have listed...
Mayor Suarez: Suppose we did it for the simple reason that we felt that the
statute as passed by the State is not really calculated to lead to payment of
infrastructure items that this particular City needs to be paying in this
manner, and was simply exempting people out of equity and reasonableness, and
it is not going to affect in any way our ability to develop, and so we exempt
the ones that we think for other reasons need to be exempted. I don't see
how...
Mr. Price: In my opinion, most respectfully, and it is my opinion - you are
then in violation of the Supreme Court holding in the Dunedin Case, because
you are not uniformly assessing the impact. This an impact fee.
Mayor Suarez: Well, no, the other reason that we would give of course, in the
event that anyone would file suit, would be such as some of these are simply
negligible impact, and immeasurable impact - I think the entire thing is
immeasurable, but that is my own personal opinion, that I hope will not affect
any litigation, but most of these exemptions are just for very small projects
that really don't have a tangible, or measurable impact.
Mr. Price: Mr. Mayor, I would say most respectfully, if that is the case, you
have no statistical data in front of you to support that premise, but...
Mayor Suarez: No, just logic, I mean, you know, single family residence is
not going to create the need for a park in the area.
Mr. Price: Mr. Mayor, most respectfully, there is a development presently
pending, and I am not pointing my finger at that development along Bayshore
Drive, where there is going to be ten, fifteen, twenty, units being developed
in that single family community. I could go across the street and put up a
quadruplex, assuming I had the zoning. You would hit the quadruplex for an
impact fee, yet the fifteen to twenty homes that are being built, which is
going to create fifteen or twenty times the magnitude and impact...
Mayor Suarez: How does that work with our exemptions, Joel, that
contradiction he is stating there? Does that happen, if we exempt, what? - a
quadruplex, and we don't exempt the...
Mr. Rodriguez: You exempt single family and you exempt multifamily, or any
kind of housing that will be for low income or affordable housing.
Mayor Suarez: Is that the one you were making reference to?
Mr. Price: No, I am saying about a four unit apartment building.
Mr. Plummer: Yes, but there is a big difference there, Stan. A single family
residence is built for a man and his family. The quadruplex is build for a
man, his wife, or his lady and family. That suit you, all right?
Mrs. Kennedy: Thank you.
Mr. Plummer: The quadruplex that you referred to is built for profit. It is
not built for a man and his wife and his children to live in. It is built to
make a profit and that profit is what is to me, the key difference. Now, one
other point, and let me address to your earlier statement. You know, all of
these big developers who are making these profits today would not be making a
damn dime, if it hadn't been for the single family homeowner who has been
basically paying for the bonds that provided the sewers and the roads and all
of the rest. Now, I just think that the homeowner has had enough, and I think
that these developers, who are making a profit, if they are making a profit,
they are not going to pay it, let's don't kid ourselves, they are going to
pass it onl And if they are making a profit, then let them pay the damn
impact fee, is the way I feel about it, and leave the homeowner alone.
Mr. Price: Commissioner, if I may just rebut what you have just stated. Let
us assume that that fifteen or twenty units, single family units, which are
being built along Bayshore Drive now, instead of being sale items, are
rentals, and they rent them at $2,500 a month. Your argument about
profitability does not apply anymore. Yet the individual who has built these
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twenty homes and maintains the status of a landlord, is still not going to
contribute a penny to your impact fees, and each of those twenty unit owner,
and he is making a profit, is...
Mr. Plummer: You make an excellent point there.
Mrs. Kennedy: Yes, it is a good point.
Mr. Price: You do not distinguish between a user, an ultimate user, the use
and the user. There is a distinction, and I say most respectfully, I think
the development community would applaud a fair, equitable impact fee, and I am
not here to argue with you whether impact fees should be employed by the City.
I think impact fees should have been employed by the City, and everywhere in
this County, fifteen, twenty years ago, and we wouldn't be in the situation we
are in today. But the development community, who I generally represent, wants
fair share and wants predictability. What I am suggesting to you most
respectfully, this ordinance is inviting a suit, and I am saying that based
upon your statistical data, you can avoid that. You can make an equitable
distribution of dissatisfaction if you had an ordinance that met the Dunedin
test, and I think there you have an unassailable ordinance, and that is the
point I hopefully made to you today.
Mrs. Kennedy: Mr. Manager, let me tell you, and you know that I have been a
proponent of the impact fee, but this is a very good point, and it seems to me
that we will be going to court a number of times, based on these exceptions.
Mr. Rodriguez: I will defer to our legal department.
Mayor Suarez: Before you answer Joel, I just want to say that the Chair
recognizes State Senator Larry Plummer, who we understand is the one that does
all the work in the family.
Mr. Joel Maxwell: Madam Vice Mayor, there is no way we can guarantee an
ordinance that will not be subject to attack in court. What we have tried to
do is present to you an ordinance that will be defensible in court. I think
counsel is correct that the City has drafted an ordinance that follows the
Dunedin test. If we are attack under exemptions which as I stated during the
last Commission meeting, are providing Achilles' heels in this ordinance,
there is a possibility that the court will rule against us. There is a strong
possibility that they could strike the ordinance, or provisions of the
ordinance that deal with the exemptions.
Mr. De Yurre: Are you talking about possibility, or probability?
Mr. Maxwell: I couldn't answer that, Commissioner. There is a possibility.
Mr. Price: If I may, just one point. If in fact, I am correct, and I can't
guarantee you that I am correct. I've read the cases, and I think I know what
the law is. I taught the law at the University of Miami Law School. I will
tell you that it is not just a question of putting people that were exempted
back on the roll for a further imposition of impact fees. The individuals who
are going to bring this lawsuit are people who have paid into this fund and
this City could be facing a reimbursement program. That is the fear that I am
trying to bring to you today. If this litigation take a year, or two years,
are you going to feel comfortable collecting these funds in the interim and
putting them in an escrow account where you may have to reimburse this to the
individuals who have paid into the fund.
Mr. Dawkins: If we win, we won't have to reimburse.
Mr. Price: That is correct, Commissioner, and I am most respectfully
submitting to you that I think that this ordinance, as drafted today, and I am
talking solely about the area of exemptions, is inviting a lawsuit. I am not
saying to you today that those who are going to sue are going to be
successful, but in my opinion, there is a high degree of probability that they
have a very, very good lawsuit.
Mr. De Yurre: Well, I think, you know, when we are talking about the
probability of already getting sued on something we haven't even approved, you
know, I don't think it is too smart. You know, when I walk into something, I
want to walk in with the basis, that at least right off the bat I don't see
any problems. If something happens, then we face it, but right off the bat we
98 April 28, 1988
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got legal representation here, and I see it that way, and we have memos
identifying what there criteria should be as far as these exemptions are
concerned, and everything indicates that we're going to have problems. Nov,
without getting into the economical aspects of us getting sued and what
Stanley is alluding to, of a reimbursement program which hopefully would not
be of the magnitude of a pension problem that we have right now, but
certainly, if we are talking about the possibility of something like that
happening, I think at least, you know, we have to revisit the issue. Another
concern that I have is that, I have been talking to a number of developers
here in the Miami area, and to a degree they are saying, "We are willing to
pay, but what is being asked of us right now is too much." And I think there
is a feeling out there that they would like to sit down and maybe, you know,
agree that there should be an impact fee, but try to work out something that
they can live it. That is what I've been getting I don't know what has been
going on for years, but at least, you know, that is the feeling that I see
maybe because they see it as eminently coming, but...
Mr. Plummer: Excuse me? Are you finished? I understand that Stanley Price is
a very learned lawyer and a very good lawyer and comes from a great firm. I
am sure he was chosen because anytime a developer feels a hand in his
pocketbook, the first thing he does if he can't eliminate it, is try to reduce
it, and that is what Stanley is here trying to do, and we had come in at half
this price, they would have still come back in and said, "Hey, you know, we
want to do less." They want to be a good guy by saying, "Hey we want to
participate, we want to do what we need to do, but we want it for a less
amount of money," and I understand that. All you have to do is to look around
this community and see the needs and let's also remember that we just recently
went with a bond issue to the public for $40,000,000 worth of sewers and
streets and the public turned it down. I think what you are facing through
the State Legislature, is moratoriums. There is no question in my mind that if
you don't have these infrastructures in place, you are not going to be able
to handle the traffic, you are not going to be able to provide water, you are
not going to be able to provide sewers, which this community needs more than
anyplace else in the State of Florida because of our water problems. Somebody
has got to pay. I say that the homeowner has paid long enough. I do agree
with one point he has made, and I think it is a point that needs to be
addressed and that is that the person who builds more than a single family
residence for rental purposes, should be made to pay it. Now, all the way
along this process, which has now gone on for two years, we have said to the
City Attorney, "Is it defensible in court?" - because I want to tell you, I
would vote against it if the City Attorney said it wasn't. The way that
people take and delay is with court action. You two lawyers know that, and
you delay it a little bit, you delay it out and they pay less money and they
want exceptions and they want to be this, that and the other thing. To me, as
Father Gibson said, "It is either time to fish, or cut bait." We have been
fishing for two years. We had a committee composed of developers, of people of
the citizenry of this community, who went through many meetings with our
department. The question, as far as I am concerned, for this vote today, will
be predicated on the answer as it has been in the past, Mr. City Attorney, is
what we are proffering here today, defensible in court?
Mayor Suarez: Anything else, Commissioners?
Mr. Plummer: I'd like an answer just go back on the record.
Mayor Suarez: Oh, yes, on the record. You are still saying it is defensible
in court, right?
Mr. Maxwell: The answer is a qualified yes.
Mayor Suarez: Close enough!
Mr. Maxwell: Mr. Mayor, and I'd like to expand on that for just a second, if
I might. Exemptions are not per se indefensible...
Mayor Suarez: Would the peanut gallery, I mean Public Works, back there,
refrain from reacting?
Mr. Maxwell: As I said a moment ago, exemptions per se, are not indefensible.
They don't invalidate an impact fee ordinance. If we can show that an
exemption has a legitimate rational basis that is reasonably related to some
legitimate municipal goal, I believe the court will support it. As I
99 April 28, 1988
indicated before, housing is a legitimate municipal goal, to the extent that
an opponent can show that we have not equitably applied the exemption, i.e.,
some of the things that Mr. Price has pointed out, we may not be able to
sustain that exemption. There are other exemptions in there that I think are
eminently sustainable. So, I cannot give you a definite answer to that,
because the area is just uncharted.
Mr. Dawkins: OK, but I don't think we are asking you if we will win in
court, we are asking you, can we defend what we have in court?
Mr. Maxwell: Yes, sir.
Mr. Dawkins: That's all I need.
Mr. Rodriguez: Mr. Mayor.
Mayor Suarez: Yes.
Mr. Rodriguez: One thing I think I have an obligation to bring to your
attention is chapter 380 of the Florida Statutes as it relates to DRI. I am
concerned that if you don't have an impact fee passed in the City, that that
would have a negative effect on the downtown DRI. You might want to get an
answer from the Law Department on this, but I... my opinion, and it is not a
legal opinion of course, is that it will have an effect on the applicability.
Mayor Suarez: OK, I was trying to get a handle on that, by talking prior to
this with the City Attorney, and won't we eventually have to implement some
sort of an ordinance that allows us to exact from major projects, however we
define them, whether it is DRI type projects, or otherwise defined, some
payment towards a infrastructure need, or service or facility that they
clearly create by the very nature of that project, prior to I guess, 1991 of
the Growth Management Act, of whatever year it is, of this application. Isn't
it 19917
Mr. Price: No, sir, it is 1988.
Mr. Plummer: No, but it is extended.
Mayor Suarez: Well, the provision that says specifically, that no City shall
permit the building of any project that the City has not shown that the...
Mr. Maxwell: That was 1986, July 1st.
Mayor Suarez: Well, but when is the effective date going to be for?
Mr. Maxwell: It was effective July 1, 1986.
Mr. Price: No...
Mayor Suarez: All right, under that statute then...
Mr. Rodriguez: Yes, but my concern is, when we resolve the issue of the
downtown DRI, the appeal that we have, some point, as part of that resolution,
inheriting the whole thing is the fact that we will have to have mitigation
fees to take care of all the impact of that development within the downtown
area, and one of the concerns that I expressed on that portion of the chapter
380, is that you cannot impose... a local government cannot include in a
development order, a condition for a development of regional impact, which is
a downtown DRI, any requirement that a developer contributes or pays for the
Impact created by that development. So in other words, as part of the DRI for
downtown, we have a series of mitigation measurements that we have for which
fees have to be collected from all the developers in that area, and we... my
concern is, that we might not be able to impose those fees unless we have an
impact fee in place, which is Citywide. Now that, and I feel that I have to
tell you this, because you might be facing a development order that might not
be applicable.
Mr. Plummer: And in the reverse, if the impacts are created, and the
developers don't put in their fair share, the City is obligated to pick up the
difference, am I correct?
100 April 28, 1988
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Mr. Maxwell: Well, the way the statutes read, Mr. Plummer, is that we can't
approve any development, so there are several options to that. One, either
the City picks up the tab, or two...
Mr. Plummer: OK.
Mr. Maxwell: ... the developer voluntarily makes a contribution.
Mr. Plummer: Let me give you one example. In the development order of
downtown, by 1991, if the people mover is not completed - completed, to the
Omni and to the Brickell area, that infrastructure has created one financial
mess for this City of Miami, in which we will potentially, have to pick up
millions of dollars in impact fees for infrastructure, that if in fact it were
in place, we would not. Those are some of the things I brought to this table
before. I am telling you that the potential financial problems for this City
is unbelievable.
Mr. Rodriguez: Just a correction for the record, the extension of the people
mover has to be, according to the development order, started by 1992.
Mr. Plummer: Started? I thought it was completed by 191.
Mr. Rodriguez: No,
Mr. Plummer: I stand corrected, but still the same impact is created, if not
started.
Mayor Suarez: We've never argued any one matter so much at City Hall, since I
have been here, that I can remember. Yes, comment, Stan?
Mr. Price: Last statement, Mr. Mayor and Mr. Plummer, I am not here today to
say, don't pass the impact fee ordinance. I am saying the opposite. I am
saying pass an impact fee ordinance, pass an impact ordinance which you can
support in court, and I am suggesting to you that if you massage exemptions
two, three and four, and then put a credit across the board, if you want to
help the little guy out, the little homeowner, you can credit everybody, so an
apartment building, the first $75 of your impact fee is not assessed against
that individual, the first $75 is not assessed against one single family home,
then you have a uniform standard across the board. What you are doing here,
is you are placing an unfair burden on a segment of the population and asking
them to contribute for the impact caused by the people you are exempting, and
not...
Mayor Suarez: What is the difference between giving them a credit and not
charging them?
Mr. Price: Because by giving them a credit, you are giving the credit to not
only the single family homeowner, and the duplex owner, you are also giving
the same credit to the apartment owner. So, he can't complain, you are giving
the same $75...
Mayor Suarez: A simpler way is to eliminate that part of the exemption.
Mr. Price: That is the point I am trying to make. I am not trying to avoid
the impact fee ordinance. I'm suggesting to you, the way it is drafted now,
is assailable, and you don't want to be in that situation.
Mayor Suarez: OK, anything else, Counselor? Commissioners? Anyone?
Mr. Plummer: Speak to that last issue, City Attorney.
Mr. Maxwell: Well, if you are asking whether or not you can... I am not sure
I understand what you want us to speak to you on that. If you want to in
fact, bring back in a class of people, or developers, or builders that you had
previously exempted, you wouldn't be able to do it and pass it at this
particular meeting, you would in fact, recycle the whole thing to first
reading.
Mayor Suarez: Because this is second reading, right?
Mr. Maxwell: This is second now. You would recycle it to first, and in fact,
in effect, you would be starting over.
101 April 28, 1988
Mr. Plummer: It doesn't mean we can't change it if passed today, in the
future.
Mr. Maxwell: That's correct. If you pass it today, you can always amend it.
Mr. Plummer: I moved it before, I move it again.
Mayor Suarez: Item PZ-1 is moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Any further discussion? Read the ordinance.
Mr. Maxwell: (THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD, BY TITLE ONLY.) Mr. Mayor, if I may. The impact fee ordinance that
you passed back in May of 1987 is still in effect at this time. This
ordinance won't go into effect for 30 days. You passed an emergency ordinance
in January, extending the moratorium on collection of fees under the old
impact fee ordinance. I would propose, I would suggest to you that you extend
that moratorium if this passes, correct, that you do that. Sorry you hadn't
voted on this..
Mr. Plummer: Extend it for another 30 days, you mean?
Mr. Maxwell: Yes, sir. You hadn't voted on the one before you, I apologize.
Mr. Dawkins: Under discussion.
Mayor Suarez: Commissioner.
Mr. Dawkins: My office has received numerous calls, as Mr. Price said,
supporting an impact fee. The argument has been parity, and I thought that by
now, some of the individuals who called to me would have come before us with
something to show me, to suggest that I take it and replace something with it,
instead of coming back before me, arguing that, "Hey, don't pass it," and we
all know that there are streets that already have sewers, that have lights.
But the sewers, if you put that same apartment unit that Mr. Price talked
about, and they are our streets, where we have the sewers, so what they said
to me is, "We don't mind the impact fee that would pay for the cost of impact
that the apartment houses would bring on the sewer system and the treatment
center, but we reject to being penalized for development that is already
there," I mean infrastructure. So, I was hoping that somebody would come in,
so I am going to vote for this, hoping that in the next 30 days, whatever it
is, that somehow, all of us can get together and come up with what is best for
all of us.
Mr. Plummer: Go ahead, we have lost the Mayor. Call the roll. We are
waiting to call the roll.
Mayor Suarez: Call the roll.
102 April 28, 1988
9
AN ORDINANCE ENTITLED -
AN ORDINANCE OF THE CITY OF MIAMI, FLORIDA, REPEALING
ORDINANCE NO. 10273 AND SUBSTITUTING THEREFORE A NEW
CHAPTER 54.6 IMPOSING AN "IMPACT FEE" ON ADDITIONAL
DEVELOPMENT AS HEREIN DETERMINED IN ORDER TO FINANCE
RELATED CAPITAL IMPROVEMENTS, THE DEMAND FOR WHICH IS
CREATED BY SUCH DEVELOPMENT; SETTING FORTH FINDINGS
AND INTENT; PROVIDING THE AUTHORITY THEREFOR;
PROVIDING DEFINITIONS; PROVIDING FOR APPLICABILITY OF
THE IMPACT FEE; PROVIDING FOR EXEMPTIONS, PROVIDING
FOR IMPOSITION OF THE IMPACT FEE; PROVIDING FOR
ESTABLISHMENT OF DEVELOPMENT SUBAREAS; PROVIDING FOR
DETERMINATION OF DEVELOPMENT IMPACT FEES; PROVIDING
FOR ESTABLISHMENT OF AN IMPACT FEE -RELATED CAPITAL
IMPROVEMENT PROGRAM; PROVIDING FOR ESTABLISHMENT OF
IMPACT FEE COEFFICIENTS; PROVIDING FOR CALCULATION OF
IMPACT FEES; PROVIDING FOR ADMINISTRATION OF IMPACT
FEES; PROVIDING FOR BONDING IMPACT -FEE RELATED CAPITAL
IMPROVEMENT PROGRAM PROJECTS; AND PROVIDING FOR
ESTABLISHMENT OF AN APPELLATE BOARD AND APPELLATE
PROCEDURES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of February 25, 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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
NOES: Commissioner Victor De Yurre
Mayor Xavier L. Suarez
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10426.
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:
Mrs. Kennedy: Let me just say on the record that I have always felt that it
should be the developers and not the homeowners who should pay for sewers and
the development that they create. The alternative to that would be to go to
bonds and that would again, fall on the homeowners, so for that reason, I vote
yes.
Mr. De Yurre: I am going to vote no, and my fear is that not only the legal
ramifications of this decision here tonight, but also the fact that pretty
much development in the City of Miami is going to come to a standstill, and
just like Commissioner Dawkins has gotten a number of calls, on this issue
I've gotten them but, I've gotten them from the other side, saying that we
cannot develop in the City of Miami a number of projects that are in the works
right now are going to be stopped at the end of this vote, so unfortunately,
that is the way it is, and I vote no.
COMMENTS MADE AFTER ROLL CALL:
Mr. Dawkins: Mr. Price, everyone is saying, and this is a personal opinion,
everyone is saying that if the City of Miami passes an impact fee, all
development will stop. Now, we have a situation in the County, where nobody
thought ahead and said that we need something to pay for infrastructure, let's
sit down and come up with a means of an infrastructure, therefore, there is a
moratorium, and nobody can build, so how do I get everybody together so that
we can come up with a modification to what we have, or whatever, so that we
will not face a ... because a moratorium on building. Because I don't care
103 April 28, 1988
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what people say, 0K? - land is something they don't make no more of, so if you
don't build on it today, you will build on it tomorrow. Now, you may not
believe that, but eventually you are going to run out of land every place but
in the City of Miami, so they are going to have to come back to the City of
Miami.
Mr. Price: Commissioner, if I may address your point. I have never advocated
that development is going to stop tomorrow. Development is going to continue
tomorrow, so long as the infrastructure is in place, to support that
development. I am suggesting to you, that a vote for this, and I respect your
vote for this ordinance, you are not going to accomplish that purpose. If you
uniformly distribute dissatisfaction to the development community, you have an
ordinance that makes sense, that is justifiable. The question that should
have been asked today, is the statistical data that was supporting the staff
formula for assessing impact fees, does it factor out the exempted areas. I
don't think it does, because I don't think staff has gone to that great
length, therefore, the statistical data in which you based your premise, is
faulty. The County, you are correct, the County has been working on an impact
fee ordinance since I was working with the County, and I left in 1981. I
drafted an ordinance before I left the County Attorney's office which never
saw the light of day.
Mr. Rodriguez: That's why you left!
Mr. Price: There is a realization now, that with the Growth Management Act,
that this state is going to turn into what Oregon has turned into, and that is
a State with no development, a flat development pattern, someone in their
wisdom created the Growth Management Act of 1985. I know who it was. It is a
planners relief act, but the reality is, that it is not going to achieve the
objectives that it sought out to be. So, the next best thing, is how do you
try to address the impact of that ordinance, and that is, by impact fees. And
I am not here, and I give you my word, I've written to Mr. Rodriguez a year
ago on this subject, before I was ever involved with the Builder's Association
on this issue, because I was concerned that if you do not have a ordinance
which distributes the fees equitably to everyone in this community, you are
going to have an ordinance that is going to be attacked, you are going to be
in court for a year or two years, no matter how long it takes to go through
the process, and you are probably, they are going to enjoin you from
collecting this fee, or ask you to segregate it and you are not going to be
able to address the problems facing this community.
Mayor Suarez: OK, my problem is, and I don't know if it is the same thing
that occurs to Commissioner Dawkins, but it seems to me that you are not
helping us, to come with - wait a minute, let me finish what I am saying - to
come up with an ordinance that really, really exacts some kind of a
contribution from major projects which clearly are going to cause additional
infrastructure and instead, you are trying to tell us that we can't exempt
these little ones. So if you help us, - and I am not saying now, in the
future, you come up with a better ordinance, that does precisely that, then I
will vote for it. But, you better draft something and don't come in here and
tell me that it is going to be, you know not defensible in court, Stan. I
need something for myself and for my vote that will apply to the major
projects, most of who, most of the time, you are here representing some of the
builders of the major projects. Now, I have to assume in good faith that you
really want to help us put something that you know, on the books that is
defensible in court, but you know, until I see you propose something that very
simply applies to major projects, maybe not DRI sized projects, but something
in between, and exempts the smaller projects, we want the encourage the
building of those in our City, I have nothing to work with for myself and for
my vote.
Mr. Price: All right, Mr. Mayor, what I suggest to you, most respectfully,
that if you put back into your ordinances the exemptions two, three and four,
and during the interim, ask your City Attorney to go back and figure out a
credit system, where you are not going to impact that single family homeowner,
and that impact fee is based per unit, so it will be across the board in the
City, the statistical data of your ordinance then is correct, and you are
going to have... I am not coming here to tell you don't have an impact fee
ordinance. I am saying have an impact ordinance that is uniform, and if you
put back two, three and four of your exemptions...
104 April 28, 1988
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Mayor Suarez: I don't see why you are so concerned about the uniformity of
it, other than the fact that State law requires that, but if we come up with
something better that then can lead to a change in a State law to allow us to
exact from the major projects, then that would be fine with me.
Mr. Price: I am here for one very selfish reason, I will tell you why I am
here. I am here that if I come in on the big development, and I get attacked
in court, and I get attacked based upon the formula imposed by your impact
fees, which I will pay, because if I don't pay it, I am not going to get the
approval, and I am attacked by a neighboring property owner, who attacks me
based upon the premise that I am not really paying my fair share, because it
is based upon a faulty ordinance, I am concerned.
Mayor Suarez: According to your own argument, you are paying more than your
fair share, because we are exempting some projects we shouldn't be exempting,
so if anything, you are paying more, so I can't imagine they are going to
attack you for paying less.
Mr. Price: I am paying a double tax, which makes...
Mayor Suarez: Now, that sound more like the argument I expected you to make.
Mr. Price: OK, and what I am saying to you, I am giving you a way the big
developer can't complain about the double tax, because you are treating
everybody the same way.
Mr. Plummer: We are not precluding you to come back and bring a reasonable
solution and we'll discuss it.
Mayor Suarez: Yes, that is true, but we have got to have an ordinance on the
books.
Mr. Plummer: We'll find out your good intentions, whether you come back to
the City and try to work with us, or whether you go to court. We'll find out
where the intentions are.
Mr. Price: My good intentions are based upon letters I have been submitting
to your Planning Department now for over a year, warning them of this exact
situation, which lead, I believe in part, to your exempting nonprofit
corporations at one time, and I wrote a letter on that point. I notice it is
not in the ordinance any more. I am not here to criticize impact fees. I
want an ordinance that is uniform.
Mayor Suarez: Sounds like a good idea to me to exempt nonprofit corporations,
but...
Mr. Rodriguez: If I may add something for the record, without disputing the
argument made by Mr. Price, the statistical reference that he was mentioning
is in the record, and is on page 70 of your package, all the exemptions.
Mr. Plummer: Oh, wait a minute, I'm sorry, we have to extend the moratorium
for another 30 days, I so move.
Mrs. Kennedy: Second.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded, thirded, any discussion? Call the roll.
Mr. Plummer: Is it an ordinance?
Mr. Maxwell: It is an ordinance, an emergency ordinance.
Ms. Hirai: Oh, it is an ordinance.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE EXTENDING A MORATORIUM ON THE
COLLECTION OF IMPACT FEES AS ORIGINALLY IMPOSED
PURSUANT TO ORDINANCE NO. 10273, ADOPTED MAY 28, 1987,
TO LAST UNTIL MAY 28, 1988.
105 April 28, 1968
0
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy, 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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Kennedy, adopted said ordinance 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
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10427.
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.
13. SECOND READING ORDINANCE: ZONING ATLAS AMENDMENT TO REMOVE PEDESTRIAN
STREET DESIGNATION FROM SPI-14 AT APPROXIMATELY 800-899 SW 12TH AND 17TH
AVENUE.
Mr. Dawkins: I move PZ-2.
Mayor Suarez: PZ-2 has been moved.
Mr. Plummer: Second.
Mayor Suarez: Seconded, on second reading. Anyone from the audience wish to
be heard on PZ-2? Let the record reflect no one stepped forward. We have a
motion and a second. Any discussion? Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ATLAS OF THE CITY OF MIAMI,
FLORIDA, BY REMOVING THE "PEDESTRIAN STREET
DESIGNATION" FROM THE PUBLIC RIGHT-OF-WAY IN THE SPI-
14 ZONING DISTRICT FOR THOSE PORTIONS OF SOUTHWEST
12TH AND SOUTHWEST 17TH AVENUES BETWEEN SOUTHWEST 8TH
AND SOUTHWEST 9TH STREETS; RETAINING SAID DESIGNATION
FOR THAT PORTION OF RIGHT-OF-WAY ON PROPERTIES FOR
HEREIN AFFECTED AREAS FACING SOUTHWEST 8TH STREET; BY
REGAINING THE SPI-14 ZONING DESIGNATION; AND BY MAKING
ALL THE NECESSARY CHANGES ON PAGE NOS. 38 AND 39 OF
SAID ZONING ATLAS.
passed on its first reading by title at the meeting of March 24, 1988, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Dawkins, seconded by Commissioner Plummer, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
106 April 28, 1988
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E
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre*
Vice Mayor Rosario Kennedy
*Note: Although absent at roll call, Commissioner De Yurre requested of the
City Clerk to be shown as voting with the motion.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10428.
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.
------------------------------------------------------------------------------
14. SECOND READING ORDINANCE: AMEND CODE CHAPTER 62 (LATIN QUARTER REVIEW
BOARD - AMENDING DEFINITIONS; ESTABLISHMENT, MEMBERSHIP QUALIFICATIONS,
TERMS OF OFFICE, REMOVAL TO MODIFY NUMBER OF ABSENCES, ETC.
Mr. Dawkins: PZ-3, as approved by the Planning Department, and the Advisory,
I move it.
Mayor Suarez: Anyone wish to be heard on item PZ-3? Let the record reflect
no one stepped forward.
Mr. Plummer: Second.
Mayor Suarez: It has been moved and seconded. Any further discussion? Read
the ordinance.
AN ORDINANCE -
AN ORDINANCE AMENDING CHAPTER 62, ENTITLED "ZONING AND
PLANNING," OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, BY AMENDING ARTICLE VIII ENTITLED "LATIN
QUARTER REVIEW BOARD," SECTIONS 62-76 THROUGH 62-82,
BY CLARIFYING DEFINITION OF CLASS "C" PERMIT;
MODIFYING THE BOARD'S PURPOSE; MODIFYING BOARD
ATTENDANCE REQUIREMENTS; CLARIFYING BOARD FUNCTIONS,
POWERS AND DUTIES; MODIFYING BOARD PROCEDURES;
CLARIFYING DUTIES OF LATIN QUARTER OFFICER; AND
MODIFYING APPEAL PROCEDURES.
Passed on its first reading by title at the meeting of March 24, 1988,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Dawkins, seconded by Commissioner Plummer, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Rosario Kennedy
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10429.
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.
107 April 28, 1988
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IS. SECOND READING ORDINANCE: AMEND CODE CHAPTER 2 (ADMINISTRATION) - INCLUDE
THE TITLE: LATIN QUARTER DISTRICT DESIGN GUIDELINES AND STANDARDS,
ATTACHED AS EXHIBIT E.
Mayor Suarez: PZ-4 and 5 are related, companion items.
Mr. Dawkins: Move as approved by the Administration.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded. Read the ordinance on PZ-4.
AN ORDINANCE ENTITLED -
AN ORDINANCEAMENDING THE CODE OF THE CITY OF MIAMI,
FLORIDA, BY AMENDING CHAPTER 2, DIVISION a, SECTION 2-
135, PARAGRAPH e, TO INCORPORATE THE "LATIN QUARTER
DISTRICT DESIGN GUIDELINES AND STANDARDS" BY
REFERENCE; BY RATIFYING URBAN PLAZAS AND THE LATIN
QUARTER DISTRICT AS AREAS SUBJECT TO REVIEW UNDER
GUIDELINES AND STANDARDS; AND UPDATING DEPARTMENTAL
NAMES.
passed on its first reading by title at the meeting of March 24, 1950, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Dawkins, seconded by Commissioner Plummer, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Rosario Kennedy
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10430.
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.
108 April 28, 1908
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Ll
16. SECOND READING ORDINANCE: ZONING TEXT AMENDMENT OF ARTICLE 15 (SPECIAL
PUBLIC INTEREST DISTRICTS) - LATIN QUARTER COMMERCIAL -RESIDENTIAL AND
RESIDENTIAL DISTRICTS, SPECIAL PERMITS, SPECIAL CONSIDERATIONS ON
PEDESTRIAN STREET FRONTAGES.
Mayor Suarez: PZ-5, another companion item.
Mr. Dawkins: Move it as approved by the Administration.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance.
AN ORDINANCE -
AN ORDINANCE AMENDING ORDINANCE NO. 9500, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING
ARTICLE 15, SECTION 15140, ENTITLED "SPI-14, 14.1,
14.2; LATIN QUARTER COMMERCIAL -RESIDENTIAL AND
RESIDENTIAL DISTRICTS" AND RELATED SECTIONS 15141 -
15145 BY EXPANDING THE NUMBER OF USES ALLOWED IN
COMMERCIAL -RESIDENTIAL AND RESIDENTIAL DISTRICTS;
MODIFYING THE SUBMISSION AND REVIEW PROCESS;
CLARIFYING "PEDESTRIAN STREETS"; ALLOWING BARS,
SALOONS, AND TAVERNS AS ACCESSORY USES; EXPANDING
OUTDOOR USES; INCREASING THE NUMBER OF INCENTIVES FOR
DEVELOPMENT; AND AMENDING THE LANGUAGE FOR PEDESTRIAN
OPEN SPACE AND SIGN REQUIREMENTS.
Passed on its first reading by title at the meeting of March 24, 1988,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Dawkins, seconded by Commissioner Plummer, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: 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. 10431.
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.
109 April 28, 1988
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17. SECOND READING ORDINANCE: AMEND CITY CODE ARTICLE II (COMPREHENSIVE
PLANNING) - PURPOSE AND INTENT, ESTABLISHMENT OF ADVISORY AND POLICY
BOARDS, ADMINISTRATION EFFECT AND PREPARATION OF COMPREHENSIVE PLAN,
TYPES OF PLAN AMENDMENTS, APPLICATIONS FOR PLAN AMENDMENT, PROCEDURES
AND RECOMMENDATIONS BY THE PLANNING DEPARTMENT AND PLANNING ADVISORY
BOARD, ETC.
Mayor Suarez: PZ-6, Planning Department item.
Mr. Dawkins: Move it.
Mayor Suarez: Second reading.
Mr. Plummer: Second.
Mayor Suarez: Recommended by Planning. Moved and seconded. Any discussion
on PZ-67 Anyone from the general public wishing to be heard on it? Read the
ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE CITY CODE, CHAPTER 62,
ZONING AND PLANNING, ARTICLE II, COMPREHENSIVE
PLANNING, SECTIONS 62-15, THROUGH 62-23 AND SECTIONS
62-55 PERTAINING TO: PURPOSE AND INTENT, ESTABLISHMENT
OF ADVISORY AND POLICY BOARDS GENERALLY,
ADMINISTRATION GENERALLY, EFFECT OF PREVIOUSLY ADOPTED
COMPREHENSIVE PLANS, PREPARATION OF THE COMPREHENSIVE
PLAN, TYPES OF PLAN AMENDMENTS, APPLICATIONS FOR PLAN
AMENDMENT, PROCEDURES FOR REVIEW AND RECOMMENDATION OF
THE COMPREHENSIVE PLAN AND PLAN AMENDMENTS BY THE
PLANNING DEPARTMENT AND PLANNING ADVISORY BOARD,
PROCEDURES FOR REVIEW AND ADOPTION OF THE
COMPREHENSIVE PLAN AND PLAN AMENDMENTS BY THE CITY
COMMISSION; PROVIDING FOR LIMITATIONS, EXCEPTIONS,
EXEMPTIONS, EMERGENCIES AND REFERRAL TO THE DEPARTMENT
OF COMMUNITY AFFAIRS, PROVIDING FOR PERIODIC REVIEW OF
THE ADOPTED COMPREHENSIVE PLAN AND ADOPTION OF AN
EVALUATION AND APPRAISAL REPORT; PROVIDING FOR LEGAL
STATUS AND APPLICABILITY OF THE PLAN AFTER ADOPTION
AND PROVIDING FOR APPROPRIATIONS, FEES AND OTHER
EXPENSES; PROVIDING FOR ADDITIONAL LEGAL NOTICE AND
OTHER PROCEDURAL REQUIREMENTS.
passed on its first reading by title at the meeting of March 24, 1988, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Dawkins, seconded by Commissioner Plummer, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10432.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
NOTE FOR THE RECORD; PZ-7 WAS WITHDRAWN.
110 April 28. 1968
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18. UPHOLD ZONING BOARD'S DECISION TO DENY VARIANCE AT 3044 NW 18TH TERRACE
(APPLICANT: JORGE CAMPOY).
Mayor Suarez: PZ-8
Mr. Olmedillo: PZ-8 is an appeal to the Zoning Board's decision to deny a
variance on a side yard reduction. Being an appeal, we defer to the
appellant, if he is here.
Mr. Luis Balerdi: Good evening, my name is Luis Balerdi, of 2417 SW 27th Lane
in the Grove. I'm being asked by the petitioner, Mr. Jorge Campoy, to
represent him at this hearing. Mr. Campoy purchased the property in 19...
Mayor Suarez: Are you representing him in a professional capacity for
compensation?
Mr. Balerdi: No, not at all, on a gratis basis, as a friend. Mr. Campoy
bought a house in 1987, which was a half of a duplex lot, split into two
separate plotted lots. His property had a dilapidated structure house in the
center, towards the center of the property. Right at... the dimension of the
property as he purchased was about 44 by 110 feet, and right after he
purchased the property, he began to improve internally the inside of the
house, with a new bathroom and kitchen, central air conditioning, tile floors,
etc. Then because of the location of the structure in the middle of the house,
and very narrow lots, it resulted in a very narrow side yard, the distance
between the house and the side property line was very narrow, so, he proceeded
to build a carport, for which he had to build or construct columns about 1.2
feet from the property line. That was the reason why he is asking for,
because of the hardship case of the house that he purchased being in the
location where it is, and the resulting dimensions of the side yard.
Mayor Suarez: Is that a totally unusual situation because of the
configuration of this particular lot, or the way the house was placed- somehow
he has less when everybody else in the City would otherwise have for a similar
type of structure, or size structure?
Mr. Olmedillo: It is an undersized lot, which is a 40 foot frontage.
Mayor Suarez: How undersized is undersized? - 40 foot?
Mr. Olmedillo: 40 in frontage. 44? 44.
Mayor Suarez: And minimum lot size now is 50, right?
Mr. Olmedillo: 50 foot, 50 foot frontage.
Mayor Suarez: Of course, he bought it knowing that it was 44 feet.
Mr. Olmedillo: Yes.
Mr. Rodriguez: Not only that, they went for a variance a few years ago, to go
to a 44, when they created the lot, so...
Mrs. Kennedy: The only problem is that this is a single family residence, a
residential area and without the setbacks, it becomes a zero lot line, which I
think is damaging to the area.
Mr. Balerdi: Well, the problem here is...
Mayor Suarez: Let me just ask if there is anyone here, if I may interrupt you
for a second, who is opposing this application? Is there anyone present on
this item PZ-8? You wanted to answer another question?
Mr. Balerdi: Yes, the situation here is not typical in the sense that there
was a structure there already. If you begin to design a house on a 40 or a 35
foot lot, then you can design it accordingly, but the problem, the house was
there, and there was a driveway leading to the space where the carport was
built, and he did it because there were a lot of houses in the neighborhood,
III April 28, 1988
that were in the same condition, of you know, of narrow lots, that they had
columns right almost on the property line.
Mayor Suarez: Let me clarify one thing. He has not done anything legal up to
now, has he? He has done it.
Mr. Olmedillo: Yes, he has built that almost to the property line.
Mayor Suarez: So he has a nonconforming use right there, or nonconforming
structure.
Mr. Plummer: Did he have a permit?
Mr. Olmedillo: No, sir.
Mayor Suarez: And that was not this particular owner who built that, it was
the prior owner?
Mr. Balerdi: No, it was the present owner who built the carport.
Mr. Olmedillo: If the applicant is finished, then I would like to state the
case for the City, if I may.
Mr. Balerdi: Thank you very much.
Mr. Olmedillo: This property is located on 18th Terrace and 30th Avenue NW.
The provision of no setback converts the area from a single family detached
type of housing, into a continuous housing, because if the variance is granted
for this particular application, the next door neighbor would have the same
right. There would be no grounds to deny the right to that person.
Mrs. Kennedy: It establishes a precedent for the whole neighborhood.
Mr. Olmedillo: And then you would have a whole neighborhood being changed,
being modified by one. The other thing is that the hardship in this
particular case is self-created. The original owner split a bigger lot into
two substandard lots, 44 footers, instead of 50 footers, and that, he went
through a variance in 1983, so in a way, it is self-created by the previous
owner. Now the present owner purchased the property, knowing that this was
so. The other problem is that when you extend your roof to the property line,
or very close to the property line, you are going to have drainage problems.
The water is going to drain into your neighbor's yard, somehow, and when we
went into an inspection of the house, there are ways that they can make the
new structure, the addition, to comply with the restrictions of the district,
so we recommended denial, the Zoning Board recommended...
Mayor Suarez: Such as, like sawing off seven feet, or what?
Mr. Olmedillo: Now, there are certain overhangs that can go, can intrude into
the setback area, but the walls and the enclosures cannot go into that setback
area.
Mayor Suarez: OK, the overhang would still intrude, but not the actual
enclosure, so he would have to tear down a wall.
Mr. Olmedillo: As I said, for the record, the Zoning Board denied the
variance in a six to one vote, and the Administration recommended for denial.
Mayor Suarez: Anything from the Commission on this item? Anything further
from the City? Anything further from the Applicant? I entertain a motion,
one way or the other.
Mrs. Kennedy: I think that this will really be detrimental to the area, and I
am sorry, but I have to move to deny.
Mayor Suarez: Moved to deny. Do we have a second?
Mr. Plummer: Second.
Mayor Suarez: Seconded, any further discussion? Call the roll.
112 April 28, 1988
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-389
A RESOLUTION AFFIRMING THE DENIAL OF A VARIANCE FROM
ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, SCHEDULE OF DISTRICT
REGULATIONS, PAGE ONE OF SIX, RS-1; RS-2, ONE FAMILY
DETACHED RESIDENTIAL, MINIMUM OPEN SPACE REQUIREMENTS,
TO ALLOW AN EXISTING COVERED PORCH ADDITION TO THE
SINGLE-FAMILY RESIDENCE FOR PROPERTY LOCATED 3044
NORTHWEST 18TH TERRACE, MIAMI, FLORIDA, (MORE
PARTICULARLY DESCRIBED HEREIN), WITH A SIDE YARD OF
0.0' (S' SIDE YARD REQUIRED); ZONED RS-2/2 ONE FAMILY
DETACHED RESIDENTIAL.
(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.
19. DISCUSSION AND TEMPORARY DEFERRAL OF STREET CLOSURE AT APPROXIMATELY NE
2ND COURT, NE 12TH STREET, NE 2ND AVENUE, NE 13TH STREET AND BISCAYNE
BOULEVARD - "PAPPAS SUBDIVISION" (APPLICANTS: SOUTHERLAND INVESTMENTS,
INC. AND KEYES REAL ESTATE DEVELOPMENT CORPORATION OF AMERICA) (SEE
LABEL 26).
Mayor Suarez: PZ-9, street closure, Southerland Investments.
Mr. Dawkins: Move it with the conditions of approval.
NOTE FOR THE RECORD: AT THIS POINT, GEORGE CAMPBELL WAS
RECOGNIZED - RETIRING AFTER 29 YEARS.
Mr. George Campbell: This is an item for a street closure of NE 2nd Court,
just south of 13th Street, as a part of the overall approval of the Pappas
subdivision. The Plat and Street Committee has approved the tentative plat,
subject of course, to the public hearing, as required by Code for the approval
for closing of the right-of-way. There are other items, you will note, listed
on your agenda, or on your material here, those are technical items that would
be correct on the tentative plat to make it conform, otherwise, everything is
just... is perfectly all right. We would recommend that this proceed and we
recommend your approval of this closure.
Mr. Plummer: Is the applicant the owner of both sides?
Mr. Campbell: Yes, sir.
Mr. Plummer: And how many square feet would he be assimilating into his
ownership if this was to be closed?
Mr. Campbell: This would be 6,000 square feet.
Mr. Plummer: And what is the approximate value of the square foot of property
in that area?
113 April 28, 1988
0
Mr. Campbell: According to the tax rolls, the value of the property is
between either 25 or 30 feet, $30 per square foot, depending on which side of
the street you are on.
Mr. Plummer: And that comes out to how much?
Mrs. Kennedy: About $5007
Mr. Campbell: That would be an average of $26.25 per square foot, which
would...
Mr. Rodriguez: $150,000.
Mr. Campbell: $157,500.
Mrs. Kennedy: What is the size, again?
Mr. Plummer: It is 6,000 square feet at $26.25. That is something he doesn't
own today.
Mr. Campbell: That's correct.
Mr. Plummer: What he is asking us to do is to close it and give the property
into his ownership.
Mr. Campbell: Yes, sir, or return it to ownership, I should say.
Mr. Plummer: Well, according to what the calculation is, it is worth about
$150,000. Good afternoon, counselor.
Mr. Steven Helfman: How are you, Commissioner?
Mr. Plummer: Did you bring a check?
Mr. Helfman: For the record, my name is Steven Helfman, I am an attorney with
Fine, Jacobson, with offices at 1 Centrust Financial Plaza.
Mr. Plummer: The same one that brought us Stanley Price.
Mr. Helfman: Yes, but he is gone. Please, don't hold that against me! First
of all, before I talk to you about that, let me make one correction. We own
this street, and State law, and the law throughout this country that a
property owner owns the right-of-way in front of this property, and it is
merely subject to the right of the public to go across it until that right is
no longer needed, and at that time a property owner tan apply to have that
easement, if you will, released from his property. That's exactly the
situation here. The Planning Department has recommended approval, George
Campbell, God love him, the first approval I had before his retirement, he's
recommending approval. The Zoning Board unanimously...
Mr. Plummer: 1 travel that street all of the time!
Mrs. Kennedy: Day in and day out.
Mr. Plummer: Day in and day out I travel that street.
Mr. Helfman:... recommended approval. This is a dead end street, no one
travels this street. It has access to nowhere. In 1986, September, this
Commission adopted the Omni area redevelopment plan, and specifically
designated that street for closure. This is one of those streets in downtown
that serves no absolutely no purpose, has no value to the public, because it
goes no where. This Commission has indicated their desire to have this street
closed. We hope to develop this property. As you know, that area needs
redevelopment desperately. The Keyes Company is hopefully going to be a
pioneer in redevelopment. You just passed an impact fee ordinance, which they
are going to have to pay on. They may have to pay on your street cleaning fee
ordinance. As I said, they are a pioneer. I don't think that we want to
discourage them by exacting funds from them at this point, from developing
that area.
Mr. Plummer: Counselor, as you know, we can't extract funds, they can make a
volunteer offer that this Commission can consider, but we also realize that
114 April 28, 1988
with that street there, they are going to be very limited in what they can
develop. Now, you know, I just think the people of this community are
entitled to some kind of remuneration because they will be giving up their
right to use that street today.
Mr. Helfman: I'm suggesting that they don't use the street. I understand
exactly what you are saying. It is the first time, frankly, that I thought
about it. My client is here, I will gladly have him address the issue.
Mrs. Kennedy: Our day care centers are in desperate need.
Mr. Fredrick B. Burns: J.L. in all the years I've known you...
Mr. Helfman: On the record.
Mr. Burns: Fredrick B. Burns. You have always been reasonable and practical.
I'm glad counsel warned me what might come up, because I was so upset when I
heard it initially, I don't think you would have liked to have heard what I
said, because it wouldn't sounded like me, but sitting there, these thoughts
surfaced again.
Mayor Suarez: We don't even like to hear you now telling us about what you
were thinking then.
Mr. Burns: Well, I tell you, if you want us to stop working, to try to leap
ahead and create development in an area next to a boarded up building, a
burned down gas station, drunks laying on the street, if you want us to slow
up in our efforts and I personally am working on trying to get this property
into production, that is why, unfortunately, they suggested I attend the
hearing, I am shocked to hear that the City of Miami does not want to support
a redevelopment effort in that location that is crying out for it. The value
to the City, you talk as if people use that street. J.L., I know you know
that area. I've seen you at the Omni redevelopment programs. You know the
principals involved in this project, have actively worked and supported the
redevelopment of the Omni area. They are citizens of your City, and they are
entitled to fair treatment. Well, they are not taking the streets from the
City, they are not taking the streets from the public. Nobody uses that
street. That little teeny road runs into the back of a concrete building. It
goes nowhere. Now, we are spending a fortune to try to develop that area. I
am personally trying to interest a major hotel to come down here, and the
problems that I'm having, when they react to what is going on in that area,
they say, "Fred," - and we've signed a tentative letter, but we are miles away
from that in reality. They said, "Fred, come back and see us after this area
cleans up." Nobody wants to be the pioneer there. It is a great location
tomorrow! Today, it isn't, and we are spending a lot of time and effort trying
to redevelop that area, and frankly, I'll sell you the damn land for $150,000.
You can have it, because I'd rather have that money, and we will work around
that street, then to have the land, and if the City wants it, and feels that
is what it is worth...
Mr. Dawkins: Herb Bailey, do we have $150,000 to buy this valuable piece of
property that the gentlemen just offered the City?
Mr. Plummer: He's made a good point.
Mr. Dawkins: Mr. Manager, I am going to take him up on this. I am going to
definitely take him up on this!
Mr. Plummer: Biscayne Boulevard and 13th Street, hell, I will get that amount
back from them, for billboards! Are you kiding me?
Mr. Dawkins: That's right! Come down here and let's buy this property, Mr.
Manager.
Mr. Burns: The street is to the west of that!
Mr. Plummer: Back where the fire was, I know where it was. Look, don't ever
think because they said $150,000, that that is what we are looking for. And
as you have always said, I want to be fair.
Mr. Burns: That was before today, I said. You shocked me. You scared me!
115 April 28, 1988
Mayor Suarez: We are just looking for whatever you want to volunteer, as long
as it is a reasonable amount.
Mr. Burns: Well, I'll tell you the truth. The City owns a park on this
property, just to the east of it. I'd be more than happy to upgrade the
quality of that park, and I'd be glad to work with the City people to see what
might be appropriate.
Mrs. Kennedy: What park is that?
Mr. Plummer: You mean, Bicentennial?
Mr. Burns: No, I don't know that it has a name.
Mr. De Yurre: It is called Bayfront Park.
Mrs. Kennedy: No.
Mr. Plummer: Is it called The Miami Herald?
Mr. Burns: Not quite that far east. It is a little teeny green patch of land
that does spread on Biscayne Boulevard, that the City does own, and we'll help
the community and the City, and we'll enhance that little park.
Mrs. Kennedy: Can anybody tell us what park that is?
Mr. Plummer: That enhances the value of your property by...
Mr. Burns: Gee, I didn't think of that.
Mr. Plummer: Yes.
Mr. Rodriguez: What does he mean by enhancement? - $10,000 worth of
enhancement, or I don't know exactly what he is talking about.
Mr. Plummer: Well, let's get the record straight.
Mr. Burns: You can see it on the map there. Thank you very much, somebody
laid a pencil up there. It doesn't show green, but that is where your park
is.
Mr. Plummer: Green is what we're looking for.
Mr. Campbell: There is a little triangular piece there, on the corner that
is... it is actually public right-of-way there, which was closed off when they
took the old circle out of the middle of Biscayne Boulevard and 13th Street.
Mr. Plummer: Isn't that nice? I mean, that is one hell of a nice park. You
know, let's make the record very clear. We can kid around all we want. Your
owners bought that property fully knowing that that street was there and that
they did not have access to it, fully knowing that, OK? Now, what I am saying
to you, the citizens of this community have the right to expect something if
they are giving up 6,000 public right-of-way square feet. That's all I am
saying to you.
Mr. Burns: J.L., I do think that if these people were able to create a fine
project there, and get that area going, I don't see how you can say the
community wouldn't benefit, not only from taxes and from jobs, and to spurring
growth and development in the area. I frankly do see a benefit, and I am
telling you now, there are plums on Brickell Avenue, Miami Avenue, if we ask
to close a street, you could say, "Hey, you are getting a plum, do something."
We got a lemon here that we are working with, and for you to say, "Because we
get it over there, we want it here," we got a little stub that goes on the
street, that is not used, to the back of a warehouse, that doesn't go
anywhere, nobody, in this City, for any reason, and if somebody wants to
correct me, fine, we'll drive down that little stub. It's silly)
Mr. Plummer: Yes, are you speaking now, $150,000, you will sell us the whole
parcel?
Mr. Burns: I thought you said that that is what you thought the street was
worth, and I said I'll sell it to you. I'll sell you my rights.
116 April 28, 1988
Mayor Suarez: The street is ours. We haven't figured out what those are.
Mr. Plummer: Are you talking about... no, all kidding aside, are you willing
to sell that parcel for $150,0007 - because I'm...
Mr. Burns: I misunderstood you, or you misunderstood me. Somebody told you
that that little strip was worth $150,000, so fine, vacate it, and I will sell
it to you. You can have that little strip.
Mr. Plummer: No, you don't vacate it, we already own it.
Mr. Burns: We have the reversionary rights. By the way, my attorney, who is
much more calm and level headed about these things than I am...
Mayor Suarez: Yes.
Mrs. Kennedy: It shows.
Mr. Burns: ... because I think of what is fair and right and silly things like
that. He suggests, and not withstanding that we are giving a tremendous
benefit to the community, that we ought to volunteer a couple of thousand
dollars, and I don't know what all you are thinking about, but if that is what
you are thinking about, I'd like to argue with my attorney, but I won't.
Mr. De Yurre: If $2,000...
Mr. Plummer: A couple what?
Mr. De Yurre: A couple... is it a couple, a couple like ten?
Mr. Burns: No.
Mr. De Yurre: Well, that is a couple to me.
Mr. Plummer: Well, I could tell you, if he makes an offer that is reasonable,
I can tell you, I am going to designate that to go to the food program.
Mr. Burns: To which program, sir?
Mr. Plummer: To the food program that we were short of money of today. I am
not looking for the money for the City. We were $50,000 short. We have got
to find $50,000.
Mrs. Kennedy: I would favor that.
Mr. Burns: J.L., what kind of a shortage are you talking about there?
Mr. Plummer: I'm sorry?
Mr. Burns: I didn't hear, 1 missed that part of the hearing. What kind of a
shortage was that?
Mr. Plummer: Well, we are not asking you to make up the complete shortage, of
course.
Mr. Burns: I see, it is just an amount that you are looking for.
Mr. Plummer: You are looking for... you know, you got to volunteer. I can't
ask you for anything.
Mr. Burns: Oh, you are so persuasive. Are you sure you are not in the real
estate business?
Mr. Plummer: I only sell very small lots, six foot by...
Mrs. Kennedy: You don't want to buy them!
Mr. Burns: Can I ask you to step out back? I got my own blackjack. Would
$3,000 or $4,000 feed enough people, that I'd feel good about?
Mr. Plummer: Victor, did you say ten?
117 April 28, 1988
Mr. Burns: I didn't hear it.
Mr. Plummer: I thought that is what I heard you say.
Mr. Burns: I was thinking it, but...
Mr. De Yurre: But that is what I heard...
Mr. Burns: I don't think I could do that. Let me ask you something, sir. On
my own, not being the owner of the property, and what have you, but I think we
can go to $5,000 and I wouldn't be concerned about being kicked in the rumpus.
Beyond that, I wouldn't feel comfortable, and we'd have to ask you to pass the
item.
Mr. Plummer: Actually pass the item?
Mr. De Yurre: Defer it.
Mr. Burns: I have no authority to do anything like what you are asking.
Mr. Dawkins: Oh, we not asking, we are suggesting!
Mr. Plummer: Yes.
Mr. Dawkins: That you volunteer.
Mr. Burns: I understand.
Mr. Plummer: How about we give you 30 days to think about it?
Mr. Burns: I understand what you are saying. I'd rather have 30 minutes, and
see if I can't... we'll ruin somebody's dinner.
Mr. Plummer: We can accommodate that.
Mayor Suarez: Table the item, 30 minutes. Take it back.
Mr. Burns: Just one second, the attorney wants to straighten me out. What do
you want, fellow?
Mayor Suarez: That's 30 minutes in which you can't say anything, now.
Mrs. Kennedy: 30 seconds.
Mr. Helfman: I think that we are willing to make a fair contribution. Why
don't we pass this item. It has got to come back here for final plat
approval. It has got to come back here for development approval. You are
going to see this item again. Let's not waste everybody's time. We've got
positive recommendations.
Mr. Plummer: I'm not trying to waste your time.
Mr. Helfman: We are happy to make a fair contribution and we will do that at
the time of final plat approval.
Mr. Plummer: Do it right now.
Mayor Suarez: Take 30 minutes. We will table the item. We have got a lot of
other items to hear today.
Mr. Plummer: No, we can hold it later on, we are told.
Mr. Burns: I have a speaker. Come on back, Matt.
Mayor Suarez: That's 30 minutes in which you can't say anything, or come back
in here.
lie April 28, 1988
V
0
20. APPROVE BISCAYNE VIEW APARTMENTS PROJECT MAJOR USE SPECIAL PERMIT FOR A
463 UNIT RENTAL APARTMENT PROJECT AND A 467 SPACE PARKING GARAGE AT
APPROXIMATELY 915 NW 1ST AVENUE.
Mayor Suarez: PZ-10.
Mr. Odio: PZ-10, is a major use special permit for parcel 24.
Mr. Dawkins: Moved it. It has been approved by the Department?
Mr. Olmedillo: It has been recommended for approval, yes, sir.
Mr. Dawkins: Approve it with the recommendation.
Mayor Suarez: Is there anyone that wishes to be heard on item PZ-10?
Mr. Plummer: May I ask, it is noted on the agenda, Mr. Mayor, that the
recommendation of the Planning Advisory Board will be presented at the City
Commission meeting.
Mr. Olmedillo: Yes, it was recommended for approval, sir.
Mr. Plummer: OK, and what... this is part of the Overtown/Park West?
Mr. Olmedillo: Yes, sir, this is parcel 24 of SE Overtown/Park West project.
Mr. Plummer: And which development is this?
Mr. Olmedillo: Cruz Development.
Mr. Plummer: And when are they putting the shovel in the ground?
Mr. Olmedillo: They should be, or they must be by June 15th.
Mr. Matthew Schwartz: They are on schedule.
Mr. Dawkins: By the end of what?
Mr. Schwartz: They are on schedule with this approval, the City will
immediately process a class "C" permit so the thing will be in permitting.
They have received an inducement from Dade County Housing Finance Agency, and
the County will approve the bonds and they have gotten a conditional
commitment on their FHA. They'll...
Mr. Plummer: June what, are they going to put the shovel in the ground?
Mr. Schwartz: Prior to June 15th, I don't know the day in June, but...
Mr. Plummer: Thank you, air.
Mayor Suarez: OK, we have a motion and a second?
Mr. Plummer: Move 10.
Mayor Suarez: It has been moved and seconded, right?
Mr. Dawkins: Yes.
Mr. Olmedillo: 10? Yes.
Mayor Suarez: OK, call the roll. Any further discussion?
Mrs. Kennedy: Yes.
Mayor Suarez: Commissioner, Vice Mayor?
Mrs. Kennedy: Have then sent us any plans for what they are planning to
build?
119
April 28, 1988
V 0
Mr. Schwartz: Yes, we have a full set of plans, but I have a rendering for
the Commission of the building.
Mr. Plummer: That is very close to where the last application we just had is
centered, right?
Mayor Suarez: Matthew, I feel like I already live there.
Mr. Plummer: What is the approximate construction time?
Mayor Suarez: Oh, wait, wait, Matthew.
Mr. Schwartz: 24 months. No, excuse me, it is 18 to 20 months. The City gave
them 24 months to complete construction.
Mr. Dawkins: Call the roll.
Mr. Plummer: It goes with it.
Mayor Suarez: Madam City Clerk, please.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-390
A RESOLUTION APPROVING THE BISCAYNE VIEW APARTMENTS
PROJECT MAJOR USE SPECIAL PERMIT (MU 88-001), FOR
APPROXIMATELY 915 NW 1ST AVENUE (MORE PARTICULARLY
DESCRIBED HEREIN); MAKING FINDINGS, BY ATTACHING
EXHIBIT "A" CONTAINING CONDITIONS OF THE PERMIT WHICH
ALLOW DEVELOPMENT OF A 463 UNIT RENTAL APARTMENT
PROJECT (INCLUDING 20,000 SQUARE FEET OF COMMERCIAL
SPACE) AND A 467 SPACE PARKING GARAGE, REFERENCING A
SITE PLAN AND MAJOR USE SPECIAL PERMIT APPLICATION, ON
FILE AND INCORPORATED IN THE RESOLUTION, ALL PER
ARTICLE 28 MAJOR USE SPECIAL PERMITS DETAILED
REQUIREMENTS OF ORDINANCE 9500, AS AMENDED, THE ZONING
ORDINANCE 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, tho 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.
------------------------------------------------------------------------------
21. AUTHORIZE OFFER OF JUDGMENT OF $2,656,001 IN EMINENT DOMAIN ACTION -
CITY OF MIAMI VS. FROHOCK.
------------------------------------------------------------------------------
Mrs. Dougherty: Before Matthew Schwartz leaves, could we have an item that's
an emergency item. The County Attorney is condemning the Frohock property for
us in the Overtown area, and they have asked us to get your permission to make
an offer of judgement of $106,000 more than you had authorized before. What
this means from a strategic standpoint, is that we will go to court and
instead of offering $155 per square foot, we are offering $160 per square
foot, which is what the appraisals have said, and if a jury award comes in
higher than that, we don't have to pay their attorney's fees, so it is a
strategic move and we would ask your authorization.
120 April 28, 1988
f 0
Mr. Plummer: Where is this property located?
Mr. Schwartz: This property is located at 104 NW lot Avenue. It is directly
caddy -corner to the Dade County Court House, 1st Street and lot Avenue. The
funding for this will come 50 percent on a grant from the Florida East Coast
Railroad, and 50 percent as a means of a loan from the Florida East Coast
Railroad that will be paid back by the Tax Increment Trust, so there is no
direct payment coming from the City at this time.
Mr. Plummer: Do you recommend it, Madam City Attorney?
Mrs. Dougherty: Yes, sir.
Mr. Plummer: I move it.
Mayor Suarez: So moved. Seconded. Any discussion? Call the roll. It is an
offer of judgment, so we may or may not have to actually pay it.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-391
A RESOLUTION AUTHORIZING AN OFFER OF JUDGMENT OF TWO
MILLION EIGHT HUNDRED AND FIFTY-SIX THOUSAND AND ONE
DOLLARS ($2,856,001.00) IN THE EMINENT DOMAIN ACTION
STYLED CITY OF MIAMI VS. FROHOCK, CASE NO. 87-46264.
(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.
22. FIRST READING ORDINANCE: ZONING ATLAS AMENDMENT - CHANGE FROM RG-2/5
WITH AN SPI-3 OVERLAY TO RG-2/6 RETAINING THE SPI-3 OVERLAY AT
APPROXIMATELY 2785-2855 TIGERTAIL AVENUE AND 3241-3299 MARY STREET
(APPLICANT: CITY OF MIAMI).
Mayor Suarez: PZ-11.
Mr. Olmedillo: PZ-11 and PZ-12 are companion items. The PZ-11 is a zoning
change, changing the intensity, RG-2/5 to RG-2/6. PZ-12 is a height variance,
which was denied by the Zoning Board, and is being appealed before you. This
is owned by Dr. Robertson, and Mr. Jack Rice is representing the applicant.
Since one of the items is an appeal, we would defer to the applicant and then
we will present the case for the City.
Mr. Plummer: Well, I wish you would note, if you would, is part of the
agenda, revised plans dated March 12, 1988 have been submitted by the
applicant, changing the height request to maximum height of 49 feet.
Mr. Olmedillo: That's correct, sir.
Mr. Plummer: Yes, but you are not saying that.
Mr. Olmedillo: I was going to say it when we presented the case.
121 April 28, 1988
V 0
Mr. Plummer: All right, air.
Mr. Jack R. Rice: My name is Jack R. Rice, Jr. My address is 2424 NW 1st
Street, I represent Dr. James G. Robertson, and our architect is Hernando
Acosta. Now, what we had before the Planning and Zoning boards is not what's
before the Commission today. At the time, it was denied by the Planning and
Zoning board, we asked for a 59 foot height building. It then came to the
Commission some three months ago, and at that time we agreed that we would get
with the property owners and see if we could reconcile our differences, which
Is primarily the Tigertail and the Coconut Grove Civic Association. Well, we
met with them and we reduced the height of the building by one story to
approximately 53 feet in height. At the last meeting, last month, there was a
question of whether or not we could reduce it even further at the request of
the Civic Association in Coconut Grove, so we met again, and we reduced the
height to 49 feet, which is presently before the Commission at the present
time. This is two stories less. Now, in order to accomplish this, we
increased the bulk of the footprints of the building by, in other words, we
weren't going higher, so what we did, was accomplished more of the property
for the development into this apartment house, and we went over on the next
lot, which is lot 42, for approximately 40 feet. Now, we are asking... and by
the way, the same FAR is a .94, as was proposed previously and we still are
maintaining the excess of parking in the area by this redevelopment, because
we were able to put more parking space, even as proposed for the 59 foot
building, because now we have increased the footprint, so now we have more
parking area, and we are going to have a total parking of 169 spaces which is
far in excess of what is actually needed. Hernando, how many excess parking
spaces will we have now?
Mrs. Kennedy: Mr. Rice, you are still asking for the zoning change from RG-
2/5 to RG-2/6, correct? The only thing that you have decreased is the height.
Mr. Rice: That's right. Well, the only reason why are... we are not changing
the use of the property. It's still residential use, which is RG-2/5, and
also RG-2/6 is the same residential use. The only thing is, you can't get a
variance to the height under RG-2/5, so we ask that we be granted zoning to
RG-2/6, which now permits us to increase the heights of the building to 49
feet.
Mrs. Kennedy: Except that once you change to sector 6, everybody in front of
you has the same right to come before this board.
Mr. Rice: Across the street of us, they are going to put a 22 story building.
That's all RO-3/5, I believe, I am not sure, exactly. It is RO across the
street, on the other side of Tigertail.
Mrs. Kennedy: Who is that, Guillermo?
Mr. Rice: That's RO in there, all that all the way down to Bayshore Drive.
Mr. Plummer: That's on the Ryder property, on the parking lot?
Mr. Rice: That's the parking lot and back of that Tiger House, I believe, I
am not sure of the name of that apartment, directly across the street.
Mr. Plummer: Has that been approved?
Mr. Rice: I beg your pardon?
Mr. Plummer: Has that been approved?
Mr. Rice: I don't know whether it has been approved. That is what I have
been told, I don't know, but on an RO, down there towards the bay, you have...
I think he will straighten out the height.
Mr. Olmedillo: The SPI-17, which is the overlay zoning for that district has
a height limitation of 22 stories, but that is not directly across this
particular property. This is south of the property.
Mr. Plummer: It sure will be looking over it! - 22 stories up.
122 April 28, 1988
Mr. Rice: It will be in front of the property, but down some feet, I will
grant you that. Now, we have agreed to everything that the Coconut Grove
Association and Tigertail has asked us to do, and I believe they will have no
objection at this time, and as far as I know, they are the only objectors that
had previously appeared before the Commission as to the present height of the
building. At the last meeting, we didn't have any, no my knowledge, we had no
objectors, but I don't know.
Mayor Suarez: You may have someone next to you that has some objection, I
don't know. Do we want to hear from the department quick, before the
objectors?
Mr. Olmedillo: Thank you, Mr. Mayor. As I said before, you have two cases
before you. One is for the height variance, and the other one is for the
density change, which is a land use change. Right now there are two apartment
buildings, which do not take advantage of the FAR that is granted to them by
the zoning that they have. Now, by changing the zoning in the whole property,
that is including the two existing buildings and the vacant lot that is just
between the two buildings, what they seek is, in a way, to dump this excess
FAR, which is not utilized by the other two old buildings, into one building.
But at the same time, what concerns us is that this is a triangular block,
which will be moving towards an RG-2/6, which is a zoning change, as I stated
before, for the whole block, creating a growth pressure both north and west of
this property, because as you can see, there will be very little argument
against the change once this particular property is changed. The whole
property, which is being sought to be changed, is both what is in yellow and
in blue, and as you can see, the triangular block goes from Mary to Day to
Tigertail and one change would trigger the change for the whole block, and
that is our argument.
Mr. Plummer: You know, I am sitting here wondering if this Commission made a
mistake. You know, it was never explained to me, that what we did in a recent
all of the changes of Coconut Grove, would have allowed a 22 story building on
that property across the street.
Mr. Olmedillo: No, SPI-17, dates back to '83 or '84.
Mr. Plummer: OK, but here again, and I was here then, OK?
Mrs. Kennedy: It was before my time.
Mr. Plummer: It doesn't seem right to me in some way that we are talking
about, and I am not speaking to your issue, Jack, which I guess is five floors
or six floors, to have across the street, a 22 story building, and say that
someone that is asking for an application of six floors is going to be
endangering the area. That is a third of what they are proposing across the
street. Something is wrong, in my estimation, and if I voted on it, I made a
mistake, to allow a 22 story building directly across the street, from
apartments in which you are saying six floors shouldn't be permitted.
Something is radically wrong there!
Mr. Olmedillo: Right. Tigertail is the boundary line. The north side of
Tigertail is only 40 feet.
Mr. Plummer: Yes, but, hey, as long as I've sit here for 18 years whenever we
have done these master plans, there has always been a graduation from high
rise to low rise and you're not showing me anything but a 70 foot street as a
buffer between 22 stories and, I guess you're saying is it should have, what,
three?
Mr. Olmedillo: Forty.
Mr. Plummer: Huh?
Mr. Olmedillo: Yes, three or four stories.
Mr. Plummer: You're saying three or four floors. What, the buffer is only
Tigertail? Something's radically wrong there, my friend.
Mr. Olmedillo: But allow me, the issue that we're bringing up and the
strength of our argument relies not on the height because we recognize the
same things that you're saying. The intensity is the one that is of real
123
April 28, 1988
f It
concern to us. The change in intensity which may carry over to the rest of
the block and create some pressures to the north and to the west.
Mrs. Kennedy: Can you look at me straight in the eyes and tell me that later
on you will not come before this board and ask to rezone your other lots?
Mr. Rice: No, we've vowed a covenant running with the land of which we'll
assure you that we won't build anything other than what we have applied for in
this petition and our covenant run with the land states that. And we've given
that before we even appeared here. I might add, you know, that on 27th
Avenue, that's all 50 story buildings, the one on the corner - I mean 50 foot
high buildings. The one on the corner at Tigertail and 27th Avenue at the
time that PDU or whatever they call that zoning they had there, they could
have built a seven story building and behind us, on the other side of Day
Avenue, that goes into Tigertail, that was rezoned RO. So that's even further
away - it's crossed our property into the next block, not our block we're on.
And, of course, on both ends of our property, there's already 60 story
buildings there and across the street there's high buildings. And we have
committed ourselves that the only way that we can change the zoning or change
what we're asking for today is to come here and ask for a change of zoning
again before this Commission which I'll assure you we won't do. If you recall
when 27th Avenue came up, Dr. Robertson had buildings on 27th Avenue. He
didn't want that changed to commercial from resi... you know, that was
residential, now they changed it to residential/commercial. We didn't want
that because he don't intend to change those buildings either and we don't
intend to change these. They have a long useful life.
Mr. Plummer (OFF MIKE): Let's hear it from the objectors.
Mr. Rice: I can assure you we're not going to do anything.
Mayor Suarez: Let's hear from the objectors, please - or objector.
Mr. Jim McMaster: Jim McMaster, 2940 S.W. 30th Court, and actually I'm not
here objecting. The Commission directed us several times to meet with Dr.
Robertson and Mr. Rice and while we're not very happy and I don't think
they're very happy, I think the compromise we've come to will get a building
on the site with the safeguards Dr. Robertson and Jack Rice have talked about
with the one foot dedication between the RG-2/6 and the RG-2/5 and that
getting a building on this site will stop us - thank you...
Mr. Plummer (OFF MIKE): The first time...
Mrs. Kennedy: I can't believe this either.
Mr. McMaster: Well, we're not happy we're here. They're not happy either.
Yes, well I don't think it...
Mayor Suarez: No one's ever happy with a compromise, that's why it's a
compromise because no one's totally happy with it, right?
Mr. McMaster: Compromise here. I just think if we - I agree with Guillermo
but leaving this site empty will just mean that in four or five years, some
one will come in, the buildings on both sides are old, they don't build up to
the sector five number, sooner or later some one will build on this and what
comes later will be worse than what they're proposing. So, we're for it with
the safeguards they proposed.
Mayor Suarez: Is that built into some kind of a covenant or...
Mr. Plummer: Yes.
Mr. Olmedillo: Yes, sir, there's a covenant in your packet that state
except...
Mr. Plummer: Quick, quick, I move it, I move it.
Mr. Olmedillo: May I with...
Mayor Suarez: Quick.
124 April 28, 1988
Mr. Olmedillo: ... before you vote, the FAR is not - the FAR limitation is
not in that particular covenant so if you allow please the applicant to state
it on the record that he will limit his FAR to something...
Mayor Suarez: Please, put on the record that he will limit yourself to the
FAR, what was it, .97 was it?
Mr. Olmedillo: Point nine seven was what we heard before.
Mrs. Dougherty: It's only first reading, they can get in it with a second.
Mr. Rice: Point nine four.
Mayor Suarez: Point nine four, even better.
Mr. Olmedillo: Better yet.
Mayor Suarez: We'll take nine four, do you want to go any lower? Point nine
four is built in...
Mr. McMaster: I don't think lot 42 is listed either. The building now goes
over on lot 42, that's not listed in the covenant either.
Mr. Rice (OFF MIKE): Well, it is listed in that the covenant covers all of
those lots, 35 through 44...
Mayor Suarez: Does it need any more specific than that?
Mr. Rice (OFF MIKE): ... and we're only asking a variance for lots 40 and 41
so we can't do anything on 42 as to a higher lot.
Mayor Suarez: Does that make sense, Guillermo?
Mr. Olmedillo: Yes, sir.
Mayor Suarez: OK, do we have a motion? Do we have a second with the provisos
and covenants in question?
Mr. McMaster (OFF MIKE): And, actually, you do need 42. You need the
variance on 42 also.
Mr. Rice (OFF MIKE): No, we're not going... right now I'm not going to...
this has been tough.
Mayor Suarez: Second it?
Mr. Dawkins (OFF MIKE): Yes, I'll second it.
Mr. Plummer: I made the...
Mayor Suarez: Seconded. Call the roll. Read the ordinance rather.
Mr. Plummer (OFF MIKE): Read the ordinance.
Mayor Suarez: 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, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 2785-2855 TIGERTAIL AVENUE AND
APPROXIMATELY 3241-3299 MARTY STREET, MIAMI, FLORIDA,
(MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-2/5
GENERAL RESIDENTIAL WITH AN SPI-3 COCONUT GROVE MAJOR
STREETS OVERLAY DISTRICT TO RG-2/6 GENERAL RESIDENTIAL
AND RETAINING THE SPI-3 OVERLAND DISTRICT BY MAKING
FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON
PAGE NO. 46 OF SAID ZONING ATLAS MADE A PART OF
ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN
ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
125 April 28, 1988
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.
------------------------------------------------------------------------------
23. DISCUSS AND CONTINUE TO MAY 19TH CITY COMMISSION MEETING REVIEW OF
ZONING BOARD'S DECISION TO DENY VARIANCE TO PERMIT A 7-STORY RESIDENTIAL
APARTMENT BUILDING AT APPROXIMATELY 2815 TIGERTAIL AVENUE (APPLICANT:
JAMES G. ROBERTSON).
Mr. Plummer: I move item twelve.
Mr. Sergio Rodriguez: Commissioner Plummer...
Mr. Plummer: Yes.
Mr. Rodriguez: ... maybe you should wait on voting on number 12 until you
have the second reading of number one.
Mr. Plummer: I have no problem with that. What's the purpose?
Mr. Rodriguez: Because number 12 is based on number one, I mean number 11.
Mr. Plummer: In other words, number 12 is not in effect until 11 has become
effective law.
Mr. Rodriguez: Right.
Mr. Olmedillo: That is correct.
Mr. Plummer: Do you agree, Mr. Rice? I agree.
Mr. Rice (OFF MIKE): Will that take two readings on 12? One?
Mr. Plummer: No, it's a resolution, not an ordinance.
Mr. Olmedillo: No, the variance is only one.
Mr. Rice: I don't have any....
Mr. Plummer: I move to put off item 12 until the second reading of item 11.
Mr. Dawkins (OFF MIKE): Second.
Mr. Rodriguez: So that will be on May 19.
Mr. Plummer: Whatever.
Mr. Rodriguez: Commissioner, Vice Mayor, I believe you have to get a vote on
number 12 to continue.
Mrs. Kennedy: Oh, yes, please call the roll deferring PZ-12.
Mr. Rodriguez: Continuation of PZ-12, you have to get a roll call.
126
April 28, 1988
W 41
Ms. Hirai: Roll call on the continuance of 12.
ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER DAWKINS ITEM PZ-12 WAS CONTINUED TO THE COMMISSION
MEETING OF MAY 19, 1988, TO COINCIDE WITH THE SECOND READING OF
PZ-I1, 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: That takes care of 12?
Mrs. Kennedy: Um humor.
24. FIRST READING ORDINANCE: AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, AS
AMENDED, BY CHANGING DESIGNATION OF PROPERTY AT APPROXIMATELY 829-833
S.W. 29TH AVENUE AND 829 S.W. 28TH AVENUE FROM MODERATE HIGH DENSITY
RESIDENTIAL TO COMMERCIAL -RESIDENTIAL (APPLICANT: LAMAR, INC.).
Mayor Suarez: PZ-13:
Mr. Olmedillo: Yes, 13 and 14 are companion items. Thirteen is a plan
amendment and 14 is a zoning change from RG-2/5 to CR-3/7. This particular
property is located just off 8th Street, between 27th Avenue and 29th Avenue,
more towards the 29th Avenue site. The applicant is trying to unify the
property with - and you're familiar with it - a shopping center which is blue
and gray, which is recently renovated right on 8th Street.
Mr. Plummer (OFF MIKE): Is this Coley?
Mr. Olmedillo: There is a fish market and restaurant and then there's the new
shopping center. The restaurant is being renovated also. The...
Mr. Plummer (OFF MIKE): What does this do?
Mr. Olmedillo: This changes the zoning from a residential district to a
commercial district. When you look at the district boundary line, the
original one that we had juts back taking only the lots fronting on 8th
Street.
Mr. Plummer: Mr. Mayor, is there anyone here in opposition to this? Is there
anyone in opposition to 13?
Mayor Suarez: On PZ-13.
Mr. Plummer: I move it for...
Mayor Suarez: Let the record reflect that no one has stepped forward. PZ-
13's been moved.
Mr. Plummer: I move it for adoption.
Mrs. Kennedy (OFF MIKE): Second.
Mayor Suarez: Moved and seconded.
Mr. Plummer: Mr. Ferro, you stipulate for the record everything herein
contained in this application is true to the best of your knowledge?
Mr. Simon Ferro: Yes, sir.
127 April 28, 1988
6
0
Mr. Plummer: Thank you, air.
Mayor Suarez: State that as newly appointed chairman of the party, right?
Mrs. Kennedy: Yes, congratulations on your appointment.
Mayor Suarez: I have a motion and a second. Any further discussion? 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 829-833 SOUTHWEST
29TH AVENUE, MIAMI, FLORIDA AND APPROXIMATELY 829
SOUTHWEST 28TH AVENUE, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN) BY CHANGING THE
DESIGNATION OF THE SUBJECT PROPERTY FROM MODERATE HIGH
DENSITY RESIDENTIAL TO COMMERCIAL -RESIDENTIAL; AND
MAKING FINDINGS.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy 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.
------------------------------ -----------------------------------------------
25. FIRST READING ORDINANCE: ZONING ATLAS AMENDMENT FROM RG-2/5 TO CR-3/7 AT
APPROXIMATELY 829-833 S.W. 29TH AVENUE AND 829 S.W. 28TH AVENUE
(APPLICANT: LAMAR, INC.).
Mayor Suarez: Companion item, PZ-14.
Mr. Plummer: Move it.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. 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, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 829-833 SOUTHWEST 29TH AVENUE, AND
APPROXIMATELY 829 SOUTHWEST 28TH AVENUE, MIAMI,
FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-
2/5 GENERAL RESIDENTIAL TO CR-3/7 BY MAKING FINDINGS;
AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 40
OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500
BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION
300, THEREOF; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
128 April 28, 1968
6 0
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy 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.
Mr. Plummer: Mr. Ferro, you were elegant, sir.
Mayor Suarez: Elegant and eloquent.
Mrs. Kennedy: Elegant and eloquent, yes.
------------------------------------------------------------------------------
26. VACATION AND CLOSURE OF N.E. 2ND COURT BOUNDED BY N.E. 12TH AND 13TH
STREETS, N.E. 2ND AVENUE AND BISCAYNE BOULEVARD --PAPPAS SUBDIVISION"
(APPLICANTS: SOUTHERLAND INVESTMENTS, INC. AND KEYES REAL ESTATE
DEVELOPMENT CORPORATION OF AMERICA) (SEE LABEL 19).
------------------------------------------------------------------------------
Mayor Suarez: What was your item, Steve, as long as you're smiling like
you've got some kind of an interesting offer for us.
Mr. Steve Helfman: PZ-9, Mr. Mayor.
Mayor Suarez: And what was the tender offer to be made to the City to help us
with some of our needy programs, programs for needy people, or however?
Mr. Steve Helfman: Thank you, Fred Burns doesn't offer anything. However,
Ted Pappas and Fred Smith who fortunately 30 minutes was enough time to be
able to reach them, they're well known for their community service and their
kind heart and they would like to voluntarily contribute $10,000 to the
good...
Mr. Plummer: I move item nine.
Mrs. Kennedy: Move it.
Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance.
Mr. Plummer: That, of course, designated for the food programs of the City of
Miami.
Mr. De Yurre: Half.
Mr. Plummer: No, no, go to the food programs, please. Get us off the hook.
Mrs. Kennedy (OFF MIKE): Yes.
Mr. De Yurre: ... the one that brings up the ten thousand figure, you guys
would have settled for three or four.
Mr. Plummer: No, no, no, no, no. I didn't say I was going to settle for
anything. Please go to the food programs, I think that's a desperate need.
Mrs. Kennedy: Absolutely.
Mr. De Yurre: I get the next ten for the parks.
Mr. Plummer: That's fine.
129 April 26, 1988
4 0
Mr. De Yurre: OK.
Mayor Suarez: OK, read the ordinance.
Mrs. Dougherty: It's a resolution.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-392
A RESOLUTION CLOSING, VACATING, ABANDONING AND
DISCONTINUING THE PUBLIC USE OF THAT PORTION OF
NORTHEAST 2ND COURT LYING WITHIN THE BLOCK BOUNDED BY
NORTHEAST 12TH STREET, NORTHEAST 2ND AVENUE, NORTHEAST
13TH STREET AND BISCAYNE BOULEVARD, ALSO DESCRIBED AS
TRACT A, AS SHOWN ON AND ALL AS A CONDITION OF
APPROVAL OF TENTATIVE PLAT NO. 1115D, "PAPPAS
SUBDIVISION."
(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 vas 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: Yes, for their great, great volunteerism. Made a hell of a buy,
Fred.
COMMENTS MADE AFTER ROLL CALL:
Mr. Helfman: Thank you, all of you...
Mayor Suarez: Go away, sin no more.
Mr. Helfman: And that is voluntarily from them, they appreciate the
opportunity.
Mr. Plummer: Yes.
Mayor Suarez: We can tell.
Mr. Helfman: Thank you.
Mrs. Kennedy: Take the cast off your arm now.
Mr. Plummer: And, wait a minute, Fred, Fred, wait a minute, wait a minute,
for the record, am I still fair?
Mr. Frederick Burns: As ever, more so now, I just missed the bounce.
Mr. Plummer: OK, thank you, sir.
Mayor Suarez: Could go up to fifteen, if you keep it up.
130 April 28, 1969
27. FIRST READING ORDINANCE: AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, AS
AMENDED, BY CHANGING DESIGNATION OF PROPERTY AT APPROXIMATELY 2551 S.W.
27TH LANE FROM LOW DENSITY RESIDENTIAL TO RESIDENTIAL - OFFICE
(APPLICANTS: ANTONIO AND SARA GOMEZ-ORTEGA).
Mayor Suarez: PZ-15.
Mr. Guillermo Olmedillo: PZ-15 and 16, companion items again. This is the
first reading for plan amendment and a zoning change from RS-2/2 single family
to RO-1/4, residential office. This area you're very familiar with. This is
the Grove, the property is located right on 27th Lane and applicant is
attempting to change a single family residential parcel to a residential
office district. The problem that we see in this is that we had created the
RO-1 district to be a buffer for the zoning changes from the commercial
district towards the residential, that is to protect the single family
residential. We went through all those hearings on 27th Avenue and that was
the agreement that we had reached with all the neighbors, not to let the
office use or the commercial use intrude into the residential area. We
recommended denial. The Planning Advisory Board recommended denial and the
Zoning Board recommended approval.
Mr. Plummer: Wait a minute, who approval?
Mr. Olmedillo: The Zoning Board recommended approval. The Planning
Department recommended denial and the Planning Advisory Board recommended
denial.
Mayor Suarez: And you said there was some kind of an agreement reached
with...
Mr. Olmedillo: Well, throughout the thirty some meetings that we had with the
neighbors...
Mayor Suarez: How many meetings?
Mr. Olmedillo: Thirty-two, thirty-three that we had - on 27th Avenue, when
27th Avenue was being done.
Mayor Suarez: Oh, oh, oh.
Mr. Plummer: Well, let me just ask a dumb question. Why doesn't it show on
here that the Zoning Board recommended approval?
Mr. Olmedillo: Excuse me, it doesn't show?
Mr. Plummer: No.
Mr. Sergio Rodriguez: On the agenda?
Mr. Plummer: No. I don't see it.
Mr. Rodriguez: PZ-16, yes, Zoning Board recommends approval 7-0.
Mr. Plummer: Are we talking about item 15?
Mr. Rodriguez: Sixteen is Zoning Board.
Mr. Olmedillo: Well, fifteen...
Mr. Rodriguez: They're companion.
Mr. Olmedillo: Fifteen PAB recommends, 16 Zoning Board recommends.
Mr. Plummer: I stand corrected.
Mayor Suarez: Well, 15 PAB recommends against.
Mr. Olmedillo: Right, recommended denial.
131 April 28, 1988
•
Mayor Suarez: All right.
Mr. Simon Ferro: Good evening, Mr. Mayor, members of the Board, my name is
Si...
Mayor Suarez: Simon, before you make your presentation, as long as we're on
the issue of the neighbors, you were talking about the neighbors that were
involved in the 27th Avenue rezoning, basically Tigertail, Coconut Grove Civic
Association, anyone else?
Mr. Olmedillo: And all the neighbors that came to all the meetings. Right.
Mayor Suarez: And individual ones, is there anyone of them or their
representatives here to state how they now feel about this as modified?
Mr. Olmedillo: I see a couple over at the threshold there but I don't know if
they have any opinion to voice at this time.
Mayor Suarez: Jim, do you have any recollection of all of this...
Mr. Jim McMaster: Jim McMaster, 2940 S.W. 30th Court. I just think this is a
hard one to call that we keep saying the development should be around the
Metrorail station and this parcel certainly qualifies. It troubles me where
it is but I think that that would create a nice straight line of the RO-2/14
so I - not speaking for the Civic Club, I don't think the board has really
reviewed this but personally, I think it makes sense. We did discuss it with
the applicant, Tucker Gibbs and I discussed it with the applicant at the last
meeting.
Mayor Suarez: And how do you prevent this from affecting other peoples' right
to continue the same trend? The street is the buffer, or what?
Mr. Olmedillo: Well, we could... yes, we couldn't even if we had a minus one
foot rezoning because to the north of this you have U.S. 1 and you have RO-1/4
to the north of these parcels. So all those are eligible because of the
adjacency to the RO-1/4.
Mayor Suarez: What about the other directions?
Mr. Olmedillo: These, the only ones that will be eligible will be the ones
that abut the RO-1/4 district. The other ones are not eligible for...
Mayor Suarez: What about those that abut the RO dis...
Mr. Olmedillo: They would be eligible to apply. However, it's up to you to
decide whether the change is appropriate or not.
Mayor Suarez: And the granting of this will not prejudice our right to deny.
Mr. Olmedillo: It certainly creates a precedence to keep approving these
changes.
Mayor Suarez: Is that why your department recommends denial?
Mr. Olmedillo: Yes, air.
Mayor Suarez: OK, Simon, I'm sorry.
Mr. Simon Ferro: Thank you, Mr. Mayor. I will address the specific issue of
whether this application sets a precedent and I will argue that it does not
set a precedent because of the uniqueness of the property. This property is
about 101 feet in length and about 50 feet wide. The top portion of the
property, in other words, the western portion, because this would be north,
the western portion here, the one that fronts on Dixie Highway is already
zoned RO-1/4. There is no other lot on S.W. 27th Lane that is divided this
way. Every other lot on S.W. 27th Lane is an independent lot, has absolutely
no frontage on Dixie Highway. Beginning with the next lot to the north of us,
all these lots fronting on Dixie Highway are buildable and developed lots, so
we are the only lot in this area that is divided in terms of the existing
zoning classification on it, so we are unique, there is no other piece of
property on this lane here that would qualify for the unique situation we face
132 April 28, 1988
16 V
now. We all, by the way, we already have a certificate of use for office use.
That property has been under office use for a long time. All we're trying to
do is make this use legal. This is not being used for residential purposes at
this time. I would... for the record, we've submitted (SPEAKER IS OFF MIKE
AND COMMENTS ARE INAUDIBLE).
Mrs. Kennedy: Gowdy.
Mayor Suarez: We're not going to be able to pick up your statements for the
record, Simon.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Ferro: You do not set a precedent when..... likes of which no other
parcel in the area can qualify.
Mr. Plummer: Well, you know, they don't qualify under the existing laws, I
guess the real question is, what's going to happen if we approve this one? Is
the next property owner going to want the same consideration?
Mr. Ferro: No, Commissioner, what I'm saying is, number one, we already have
an office use. We're trying to make it legal, we're trying to make it legal
so that the property has the value that it should have so that it can be
improved and maintained as it should be, that's number one. Number two, there
is no other piece of property abutting us that has the same qualities as our
property has.
Mr. Plummer: That doesn't stop them from applying.
Mr. Ferro: Yes, but it does not set a precedent. They can all apply, but
we're talking about, does it set a precedent? And what I'm saying is, it will
not set a precedent because this property is unique and different from any
other property on that block which could apply and that would be a very
important distinction in arguing against the fact that this would have set a
precedent. Again, I point out that half - a quarter of this property is
already zoned RO-1/4. No other property, no other property to our north has
that distinction. The property to our south is zoned RO-1/4. In fact, if you
look at the line, how the line is drawn, OK, the logical planning device would
be to follow the line all the way to Dixie Highway. In fact, if you take a
look at your agenda, you will note that there was one objector at the last
Zoning Board meeting. That objector was not here today but his name is Tom
Spear who is one of the chief planning directors of the Dade County Planning
Department and he came here to oppose the application originally and when he
saw the facts surrounding the application, he spoke in favor of the
application and as a planner said that good planning would dictate that this
line should be uniform and should go all the way to Dixie Highway. So we have
no opposition on this application and the only reason I believe that the
Planning Advisory Board denied this application is that the applicant was not
represented by an attorney at that Planning Advisory Board meeting. I was
present at that Planning Advisory Board meeting. The applicant, I believe,
was not able to get the argument and the message across and that is why the
Planning Advisory Board denied the application. I was retained right after
that. We went to the Zoning Board, we were able to set the argument straight,
we were able to show our unique situation and that is why we then have an
approval on the Zoning Board. So, we believe that the merits are with us, the
Zoning Board has recommended approval, there is not only no opposition but you
saw that neighbors who would otherwise have been here in opposition agree that
this is a logical line that should be followed all the way to Dixie Highway.
Mr. Plummer: Simon, you don't have to make up in your speech this time what
you didn't do before. Can I ask questions?
Mr. Ferro: Yes, air.
Mr. Plummer: My only concern, because you make a very good conclusion when
you say that we would draw that line straight across, that makes sense to me.
The problem that I have is, Madam City Attorney, can we in any way, make a
designation so that they cannot have ingress or egress on 27th Lane?
Mrs. Dougherty: They can voluntarily covenant that they would not...
133 April 28, 1988
Mr. Ferro- All of the effective, you see if you look at the picture, all of
the activity is...
Mayor Suarez: Is the answer yes that you would volunteer that?
Mr. Ferro: ... is focused to South Dixie Highway.
Mr. Plummer: Are you willing to covenant?
Mr. Ferro: Yes, we would covenant that the ingress and egress would be
through Dixie Highway.
Mayor Suarez: You will have it ready by the second reading?
Mr. Plummer: That's the only problem I have, Mr. Mayor.
Mayor Suarez: I'll entertain a motion on PZ-15.
Mr. Plummer: I so move subject to a covenant being surrendered prior to the
second reading. That's on item 15.
Mayor Suarez: Or 16, the covenant on 16.
Mr. Plummer: Well, 15 and... well, where's the covenant go?
Mayor Suarez: But the motion's on 15.
Mr. Rodriguez: On the 16, the zoning change.
Mrs. Dougherty: Sixteen.
Mr. Plummer: Fine. I move 15.
Mrs. Kennedy (OFF MIKE): Second.
Mayor Suarez: Seconded. Any discussion? 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 2551 S.W. 27TH LANE,
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN) BY
CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY FROM
LOW DENSITY RESIDENTIAL TO RESIDENTIAL -OFFICE; AND
MAKING FINDINGS.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ASSENT: Commissioner Miller J. Dawkins
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
134 April 28, 1988
0
E7
28. FIRST READING ORDINANCE: ZONING ATLAS AMENDMENT AT APPROXIMATELY 2551
S.M. 27TH LANE FROM RS-2/2 TO RO-1/4 (APPLICANTS: ANTONIO AND SARA
GOMEZ-ORTEGA).
---------------------------------- -------------------------------------------
Mr. Suarez: Item 16.
Mr. Plummer: I move 16 subject to the covenant being surrendered prior to the
second reading.
Mayor Suarez: So moved.
Mr. Ferro: Thank you very much.
Mayor Suarez: Seconded. Any discussion?
Mr. Plummer: Don't thank us yet, you haven't won.
Mayor Suarez: 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, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 2551 SOUTHWEST 27TH LANE, MIAMI,
FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-
2/2 ONE FAMILY DETACHED -RESIDENTIAL TO RO-1/4
RESIDENTIAL -OFFICE BY MAKING FINDINGS; AND BY MAKING
ALL THE NECESSARY CHANGES ON PAGE NO. 42 AND 43 OF
SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY
REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner De
Yurre and passed on its first reading by title 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
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.
135 April 24, 1908
29. REFER BACK TO PLANNING DEPARTMENT PROPOSED FIRST READING ORDINANCES IN
CONNECTION WITH PROPOSED ZONING CHANGE AT APPROXIMATELY 1145-1199 N.W.
11TH STREET (A.K.A. MUNICIPAL JUSTICE BUILDING) FOR CONSIDERATION OF
POSSIBLE MIXED USE ZONING - DIRECT ADMINISTRATION TO HOLD WORKSHOPS -
MANAGER TO COME BACK WITH RECOMMENDATIONS BY JUNE 23, 1988.
Mayor Suarez: Seventeen, 18 and 19 are related items all having to do with
the Municipal Justice Building.
Mr. Joe McManus: Mr. Mayor, members of the Commission, this 17, 18 and 19 in
furtherance of your instructions to move along with RFP's with the idea of
putting the Municipal Justice Building site on the market and make that
available. So you have to keep in mind that there is unspoken here is the
concept that there is an RFP being prepared and will come before you. There
are two main issues which I'd like to bring to your attention. First of these
is the question of the use of the property. The Planning Advisory Board had
heard this item and based on the representation of the homeowners in the
Spring Gardens area, recommended denial on both 17 and 18 and what the
neighbors were saying was that they, first of all, were uncertain of what
would the project would be, what it would look like. Our response to that
was, we didn't exactly know, we wouldn't find out until there was a response
to the RFP. Secondly, they were saying they wanted more consideration given
to a super market on the site or a market place like a Publix or Winn Dixie,
for example. And we have looked at that and based on a careful examination by
the Department of Development, the Department of Development does not feel
that if, were, for example, to consider talking to developers about an office
building and a hotel, possibly reusing the existing structure or rebuilding,
that we could induce a developer to come in if, at the same time, he was faced
with occupying that site with a super market. So what the net result of this
is, that on that site what we're visualizing is office use, hotel use, coupled
with incidental retail use at the ground floor, but certainly not to the
extent of having a super market at the ground plane.
Mrs. Kennedy: Well, 0/1 is apartments, hotels, clinics, etc. Supermarkets is
CR, right?
Mr. McManus: Yes, ma'am. OK, that is one issue is the kind of use. The
second issue is that because of the size of the site, and that this is a plan
amendment, the size of the site is over 7 acres, this has to be referred to
the Department of Community Development, specifically with regard to item
number 19.
Mayor Suarez: Department of Community Affairs.
Mr. McManus: Affairs. Community Affairs. And this is - we can only refer
these to the Department of Community Affairs twice in a calendar year. Now,
we the Planning Department intend to bring before the Commission a completely
new comprehensive plan in your meeting in July which will count for one of the
two times a plan amendment can be sent to the Department of Community Affairs
this year. Sending this item, the Municipal Justice Building, to DCA will
then count the second time. We're just pointing out to you that following the
period, say through October, November and December of this year, if there is a
very large development that has to go through this process, it cannot be
referred to DCA because...
Mayor Suarez: Isn't there some kind of an exceptional proceeding in those
situations?
Mr. McManus: Well, what we have now, we have a whole series of exemptions of
developments which are less than 3 acres.
Mrs. Kennedy: Less than 3 acres you can have up to 30 acres...
Mr. McManus: And you can accumulate up to 30 acres but those exemptions
expire once we have a new comprehensive plan which conforms with the new state
growth management legislation, specifically section 9J5 of the administrative
rules.
136 April 28, 1988
Mrs. Kennedy: So, in other words, if we use this up, we can't go back until
July.
Mr. McManus: That's right.
Mayor Suarez: But there's got to be....
Mr. McManus: No.
Mayor Suarez: ... some exceptional way around it if you have a ...
Mr. McManus: Yes, one...
Mayor Suarez: ... if a City such as Miami has a particular need to go more
than twice in one year, I'm sure.
Mr. Sergio Rodriguez: I don't remember. I believe there was a possibility of
an emergency but you have to prove what is the emergency and it's not that
easy to be proven.
Mayor Suarez: We're not foreclosed in the sense of absolute foreclosure...
Mr. McManus: Thank you, Mr. Mayor.
Mr. Plummer: Let me understand you, are you saying that we need to pass this
prior to July, whatever we pass?
Mr. McManus: No.
Mr. Rodriguez: They say that you have two chances in a year to go to DCA with
amendments which are more than 3 acres. This will be one of them and the
second one will be the comprehensive plan amendment that is going to come
before you and by law we have to have finished this year. So if you use those
two...
Mayor Suarez: That comprehensive plan amendment required by the same law
itself uses up one of our two opportunities?
Mr. Rodriguez: Yes.
Mayor Suarez: Wow, that's great legislative drafting. Where's that state
rep...
Mr. McManus: Mr. Mayor, one possibility here is that you would instruct the
administration, say if you agree with the 17 and 18 and 19, you instruct the
administration say to delay and send this to DCA with the main comprehensive
plan in July, that's one possibility.
Mayor Suarez: Yes, that makes a lot of sense.
Mr. Rodriguez: That would leave you one.
Mayor Suarez: That makes a lot of sense. It delays the process of possible
RFPing or whatever we call it.
Mr. Rodriguez: And let me make sure you understand also that even when we
will come before you in July, the process of the comprehensive plan, being the
whole City, is probably going to be delayed, in the approval from you if you
were to approve it.
Mayor Suarez: Are you implying that we're not going to act expeditiously
on...
Mr. Rodriguez: No, no, no, because of the...
Mayor Suarez: ... within minutes of your recommendation of our comprehensive
plan.
Mr. Rodriguez: I'm sure you're going to have a lot of hearings and meetings
and discussion on this. It might delay the approval to November or December
so, in reality, by delaying it to go in that group, you are delaying it to
November or December for the final approval.
137 April 28, 1988
Mayor Suarez: We have no one from development here that would emphasize the
importance of getting this out on an RFP.
Mr. Rodriguez: We will get somebody.
Mayor Suarez: Is it a calendar year issued twice a year on the comprehensive
master plan changes?
Mr. Rodriguez: Sorry.
Mr. McManus: It's a calendar year.
Mayor Suarez: Calendar year and so it ends December 31 of this year and then
we have two more.
Mr. McManus: Yes, sir. Another clock, sir, it's running again.
Mr. Rodriguez: Well, this is the last time, supposedly. After we finish this
year, we will have a new comprehensive plan in place and then that law that we
have now which I believe is called the Glitch Bill will not be operational any
more unless the law is changed in Tallahassee.
Mayor Suarez: And we always have an emergency proceeding. I would vote on it
right now if it was up to me and go ahead and get it done.
Mr. Rodriguez: I would like to make you aware also that, maybe the Law
Department can say something about this, whether I'm out of place, but I
believe the RFP probably can go with the understanding that this is the
process and at some point in the future, we might get this.
Mayor Suarez: And do I understand that we have some opponents?
Mrs. Kennedy: These, yes.
Mayor Suarez: Oh, please, I wasn't aware. I'm sorry, go ahead and tell us
what your... either one but if you have any kind of an association represented
by any one individual that would help us so you don't have all the individual
presentations and try to the extent possible not to make it repetitive or
cumulative.
Mr. Dawkins (OFF MIKE): What item?
Mayor Suarez: PZ-17.
Mr. Don Crounse: My name is Don Crounse. I live in Spring Gardens on 7th
Street Road. I'm the president of the Spring Gardens Civic Association which
includes Spring Gardens south Country Club addition one and two and Snug
Harbor. At our last meeting Tuesday, it was last Tuesday, they instructed me
unanimously to write a letter to the Commission and the County Manager which I
have here copies for all of you requesting that you strongly oppose the
rezoning of this property at this time until the community has a better idea
of really what you're going to do with the property. We'd rather see it left
under the present zoning until such time that we know and are more...
Mayor Suarez: The people you represent, what would they like to see in that
property, what kind of development?
Mr. Crounse: Varying, but...
Mayor Suarez: I mean what's there now is not particularly attractive, you
admit that.
Mr. Crounse: The majority prefer would prefer them a shopping center type.
Now I know in part of the City of Miami there is a...
Mayor Suarez: You would not like to see a shopping center is what you said.
Mr. Crounse: Well, would, would like.
Mayor Suarez: You would like to see a shopping center.
138 April 28, 1988
Mr. Crounse: I know in another area of town they have...
Mayor Suarez: Let me just ask the question, isn't that one of the things we
envision might very well happen here?
Mr. Plummer: Yes.
Mr. Crounse: He said without a supermarket.
Mayor Suarez: Well, Commissioner Plummer says yes, I thought yes too.
Mr. Plummer: It could be yes or no.
Mr. Crounse: Well, I heard him say without a...
Mr. McManus: Mr. Mayor...
Mayor Suarez: I want to clarify that point.
Mr. McManus: ... if we get into a shopping center situation, then we are in
the wrong kind of zoning. We should be talking about CR.
Mr. Crounse (OFF MIKE): That's right.
Mr. McManus: See, that's the problem I talked about...
Mayor Suarez: And is this just a more wide open zoning, is that...
Mr. McManus: Yes, CR is more wide open, you get a whole series of commercial
and retail uses.
Mayor Suarez: But you could do a shopping center with this zoning that's
being proposed.
Mr. McManus: No, what you could do with the zoning that's being proposed is
something like very limited convenience like a 7-Eleven or an ancillary
convenience at the ground level, but not...
Mr. Plummer: Who put this together? This wasn't the instructions of the
Commission. Who made this proposal to take it before the Planning Board? As
the Mayor said, I distinctly remember talking about a shopping center, a
supermarket and other items that could possibly go in there.
Mayor Suarez: Hotels, I thought.
Mr. Plummer: Who came up with this brainstorm to put in here a 7-Eleven?
Mr. Rodriguez: If I may read the motion that you passed, basically motion 88-
86 it says, "... authorizing and directing the administration to begin steps
to offer the property located at 1145 N.W. llth Street as surplus property for
sale to the general public; further directing that the property be appraised
and further requesting the City Manager to come back with his recommendation,"
which is this.
Mr. Plummer: Yes, but we talked about, if you read the minutes, we talked
about a shopping center, we talked about a supermarket, we talked about a
hotel...
Mr. Rodriguez: Right.
Mr. Plummer: ... we talked about those potentials. Now who, in the
department, came up with this brainstorm to limit what could be put in there?
Mr. Rodriguez: The Planning Department came with a recommendation.
Mr. Plummer: And the City Commission was not apprised of it in spite of what
the City Commission said.
Mr. Rodriguez: Well, among the things that you mentioned they're excluding
You can have a hotel, a half, a shopping center because that would
not be allowed in the zoning.
139 April 28, 1988
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Mr. Plummer: Yes, but we didn't, at any time, ever envision a so called
$16,000,000 property for a 7-Eleven.
Mr. Rodriguez: No, that's not what we're saying this. The issue is this,
they would like to see if possible a supermarket in that property. And what
we're saying is that a supermarket would not be allowed, that the only thing
that would be allowed would be a 7-Eleven as an ancillary use to the main use,
a secondary use.
Mrs. Kennedy: Yes, they're talking about a Publix or a Winn Dixie.
Mr. Plummer: Would this allow a hotel?
Mr. Rodriguez: Yes.
Mr. Plummer: You're saying that we cannot put a hotel and a grocery store?
Mr. Rodriguez: You can put a service store like a 7-Eleven. You cannot put a
main grocery stores, no. We have an opinion on that already.
Mr. McManus: Mr. Commissioner, what the Development Department is saying,
from the developer's standpoint, if a developer is going to put in an office
building, and he's talking about hotel, the same developer will be dissuaded
if he's also told he has to share the site with a supermarket, you know.
Mr. Plummer: Well, OK then, is that the answer? You have seven acres, what
happens if you zone three and a half of those acres as a CR and zone three and
a half acres of that property for a hotel?
Mr. McManus: Commissioner, what the bottom line is, what is the return to the
City.
Mr. Plummer: We understand that.
Mr. McManus: In the opinion of the Development Department, the greatest
return to the City is in terms of hotel and office building as opposed to a
shopping center.
Mr. Plummer: Well, but how many - give me an idea. A normal shopping center
would be how many acres?
Mr. McManus: Say five acres.
Mr. Plummer: I still don't see why you can't split the property where it
could be half for a shopping center and half for a grocery store or whatever
else.
Mr. Rodriguez: I am not an expert in this area but I imagine that if you were
to offer package in which you have seven acres offered for RFP, you have a
better chance of getting a higher bidder and a better bidder because we have a
larger piece of land to really work with as a developer than if you break it
down into pieces.
Mr. De Yurre: Sergio.
Mr. Rodriguez: Sir.
Mr. De Yurre: With a CR's, can't you build a hotel there?
Mr. Rodriguez: This - what? You can build a hotel with a CR but then you
have a limitation.
Mrs. Kennedy: You can have housing, offices, grocery stores...
Mr. Plummer: That's a 16 million dollar piece of property.
Mr. De Yurre: Turn it into $24,000,000.
Mr. Plummer: Half for the park, half for the food.
Mr. Rodriguez: Let me get Mr. Olmedillo to go over exactly what the ordinance
says about CR.
140 April 28, 1988
Mayor Suarez, You know, we should have - Sergio, and again, this is not
necessarily your department, but we should have suspected if...
Mr. De Turre (OFF MIKE): It is his department.
Mayor Suarez: No, I mean the development aspect of it.
Mr. Rodriguez: Oh, oh.
Mayor Suarez: If the neighbors wanted a shopping center, that there would be
a high demand for that in that particular location and one obvious reason is
there's no shopping centers anywhere nearby, and, therefore, that makes the
property that much more enticing to a developer. I mean, and, therefore, more
worthwhile. I wonder why they didn't think of that, and particularly since
we'd...
Mr. Rodriguez: We, you know, that's precisely what the hearing process is all
about. We went through a hearings process and the Planning Advisory Board, we
sent notifications to the property owners, they found out about it and they
object to it. And they're coming before you today with that objection.
Mr. Dawkins: When it first started, the guys from Extra came to us and asked
us to find a spot where they could put an Extra store, all right?
Mr. Rodriguez (OFF MIKE): That's Little Havana.
Mr. Dawkins: The big Extra food store, all right? Now, why didn't we follow
that, if you put an Extra food store as an anchor, then you could put a, and
I'm just using this because I wouldn't care whether it was Zayre's, J.C.
Penny's or what, as another store because in that area you got to go either to
Biscayne Boulevard to shop or you've got to go to Westland or you've got to go
to - what's this mall they just put up way out there on the express... Midway
Mall. So, it's a natural for some site of shopping in that area.
Mr. Plummer: It seems like to me that we could go with a mixed use, I mean a
supermarket couldn't take more than an acre.
Mr. McManus: The problem, Commissioner, is you get - for their large
supermarket they need the parking.
Mr. Plummer: I understand that.
Mr. McManus: And you're stretching out. An Extra store, I would think, would
occupy the entire site.
Mr. Rodriguez: I don't know, for example, if you have the primary market for
an Extra store in that area because there is actually, within the immediate
area, there are a lot of people that work in the area and there's some
residential areas immediately adjacent but you don't have the amount of
density that would support probably an Extra store. I don't know this because
that's not my area again but I...
Mr. Dawkins: It does not have to be an Extra, there's not a Publix nowhere
but from 36th Street...
Mr. Rodriguez: You're right.
Mr. Dawkins: ... on the other side of 36th Street and Biscayne Boulevard.
It's not a Winn Dixie nowhere but 20th Street, I mean, I don't care what it
is, a food store, as an anchor because we're all going to buy food.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORDS.
Mr. Dawkins: Come to the mike, ma'am.
Mayor Suarez: Come to the mike, ma'am.
Mr. Crounse: Could I finish my little and let the other couple
ladies speak? We were not advised of this until we heard about the Planning
Advisory Board and at that time, the Planning Advisory Board denied it and
asked them, the Planning Board to come and see us. That's the first time we
141 April 28, 1988
0
heard about it, we were here in quite mass that night. They did come to see
us about a month ago and now we find that this is back on the agenda here
again. We were told that particular night that it is possible to get a
special variance of zoning to have a shopping type center, we'd like say
Publix and Eckerd's, with possibly a certain amount of housing above it. I
understand there is a couple special zonings of that nature in the City that
was brought out at the last meeting. But...
Mayor Suarez: That, by the way, works real well in the minds of planners when
they have nothing else to think about but it hasn't really worked too well in
real life, but...
Mr. Rodriguez: I'm sorry, I missed that, but that went over my head. But I
think that in this particular case, to clarify the record, you cannot get a
variance for that. What I think the gentleman is saying is that if you choose
to go differently than the recommendation, we can go back to the Planning
Advisory Board with a different consideration for another classification in
zoning and it will go back to you.
Mr. Plummer: That's where I'm at.
Mr. Crounse: If I may distribute the letter that I was asked to deliver to
you and let the other lady speak...
Mayor Suarez: You can introduce that into the record. The direction we're
heading in may be precisely what you'd like us to do with the procedure being
that this may go back to the Planning Advisory Board at which you'll go in a
whole different orientation and you'll be able to give them all kinds of input
so don't feel that today you have to try to convince us because we're not too
sure what direction we're heading in on this and it sounds like we're moving
more towards what you would like.
Mr. Plummer: Well, I can tell you for one right now, Mr. Mayor, this is no
where near what 1 had in mind and as far as I'm concerned, I think we need to
send it back to the Planning Department for a study of a possible mixed use
but, this time, Sergio...
Mr. Rodriguez: Yes, sir.
Mayor Suarez (OFF MIKE): We may be heading in this direction any how, so...
Mr. Plummer: ... before you go through, since the City is the applicant and
we sometimes represent the City, I think this Commission should know what
you're going to do before you go through this process to get shot down like
you did today. Because you got shot down because you deserved to be shot
down, you didn't follow the Commission's instructions.
Mr. Rodriguez: I take it very graciously.
Mr. Plummer: I know you do.
Mr. Rodriguez: I think you can give us instructions right now as to what you
have in mind, we are on virgin territory.
Mr. Plummer: I'm speaking for one, OK? I would like to see a mixed use.
Mrs. Kennedy: I would have to agree with that.
Mr. Rodriguez: You can have a mixed use with the zoning that we're proposing
so you have to be more specific as to your mixed use. If you want to have a
Publix type supermarket in one area and you want to...
Mr. Plummer: I think that that would be very appropriate.
Mr. Rodriguez: We understand that and we will bring some configuration for
zoning after we go through the Planning Advisory Board that will justify that
but, again, that might limit what you may be able to get as the highest and
best possible use for that land in the RFP and that's your choice, that's
perfectly ok with us.
Mr. Plummer: I don't want to preclude the possibility of subdividing that
land. We can go out with more than one RFP. OK? Remember how this thing is
142 April 28, 1988
• 4
being proposed. It's being proposed as a management lease, not a sale. And I
think the neighbors should be well aware that the reason we're doing something
at this particular time is Dade County can come in and take this property
anytime they want, they have first priority, so don't forget that. It's very
important.
Mr. Dawkins (OFF MIKE): And they will put a jail there.
Mr. Plummer: Mr. Mayor, if it's appropriate at this time, I would like to
move that items...
Mayor Suarez: Seventeen, 18 and 19.
Mrs. Kennedy: Seventeen, 18, 19.
Mr. Plummer: Seventeen, 18 and 19 be sent back to the Planning Department to
come back to this Commission with a list of alternatives at which time we will
designate which ones will be sent to the Planning Department.
Mayor Suarez: Can a PAS do that?
Mr. Rodriguez: Before we go to the Planning Advisory Board.
Mr. Plummer: Yes, sir
Mr. Rodriguez: So we'll come to the...
Mr. Plummer: Yes, air.
Mayor Suarez: Oh, OK, before it goes to PAB. All right, we're going to have
plenty of hearings. Hopefully, you will give us your input prior to those
hearings, during those hearings and after those hearings so that we try to do
what the neighbors seems to want and there's no need for you to make any
further statements today if you're basically in agreement with what's been
said already.
UNIDENTIFIED SPEAKER: Do we have an idea of when this will be coming back
before you?
Mayor Suarez: It will come back - I presume he's asking for it to come back
within 30 days.
Mr. Plummer: If that's possible.
Mr. Dawkins: Before it comes back, I'd like to also follow J.L.'a line of
thinking and before you even take it to the PAB that you have some workshops
in the community with these residents.
Mr. Rodriguez: Right. We did have one already but we'll continue.
Mr. Dawkins: So that they can put their input in.
UNIDENTIFIED SPEAKER: They've done that, they have come to us.
Mr. Dawkins: But you're not satisfied though, so we need another one.
Mr. Plummer: Well, let's do it this... Mr. Mayor, let's do it that they bring
it back to us for the alternatives after workshops with the neighborhood no
later than June the 24th.
Mayor Suarez: So moved. Do we have a second?
Mrs. Kennedy: Second.
Mayor Suarez: Seconded as to all three items.
Mr. Rodriguez: 23rd.
UNIDENTIFIED SPEAKER (OFF MIKE): Do we get to talk again?
Mr. De Yurre: Discussion...
143 April 28, 1988
Mayor Suarez: Yes, Commissioner De Yurre.
Mr. De Yurre: Mr. Mayor, you know like I'm trying to visualize what we're
trying to accomplish here and it seems to me that we may be putting the cart
before the horse in the sense that, you know, if we're talking about a lease
management or were we going to own the property, can't we just put out feelers
or and if you want to do it through an RFP or whichever the mechanism is, and
just saying we have this land available, people that would like to make use of
it make your proposal as to what you would like to have because we may change
the toning on this and eventually may have to change it back because what it's
going to end up there may not be what we're envisioning right now.
Mayor Suarez: Yes, how about a very general setting out of parameters for an
RFP that isn't too specific on zoning. Isn't that possible to see what
feelers we get, what feedback we get.
Mr. Rodriguez: We were told by the Development Department that you will not
get serious responses unless you have a clear indication what can be done.
Mayor Suarez: Until you specify the zoning.
Mr. Rodriguez: Because we'll be completely open ended and they will be
spending money on something that might be very nebulous. That's the only
thing I can tell you.
Mr. De Yurre: The thing is, I have no idea what flies in that corner and I
had lived, you know, for 20 years five blocks away from there and I don't know
if a supermarket, why hasn't it been there one ever and there may be a reason
for that and, you know, and then you would never get one there because of the
circumstances, but...
Mayor Suarez: No, no he doesn't mean precisely on that particular property
but anywhere around it. Why didn't the private sector - I have a feeling the
land values here are quite high for a low rise and that's why we were headed
in the direction of hotel, office space.
Mr. Dawkins: I would say it has not been developed because the whole area in
there is Dade County. You got the Dade County Jail, you got Jackson Memorial
Hospital, you have Cedars of Lebanon Hospital, you have - what else we got in
there belong to Dade County? We got the Dade County Justice Building...
Mr. De Yurre: The court.
Mr. Dawkins: ... courts, so everything is governmental and no one has taken
time to make it commercial and residential so that we could use it and if we
don't do something here, they've already said, Janet Reno and all of them said
they need that spot for a jail. Jesus Christ, put a jail in Coral Gables, put
in jail in Key Biscayne, put a jail anywhere, we don't need no more down
there.
Mr. Plummer (OFF MIKE): No, you know that there are no criminals come from
Coral Gables, they don't need any jails. Mr. Eads...
Mayor Suarez: He's thinking of the Biltmore Hotel as an ideal place if it
doesn't work out for other purpose.
Mr. Plummer: Oh no, no, no, the Biltmore Hotel I'm reserving for all of the
drug programs.
Mayor Suarez: No, the homeless, the homeless, we thought the homeless. OK,
we have a motion and a second on 17, 18 and 19.
Mr. Plummer: I so move.
Mrs. Kennedy (OFF MIKE): Second.
Mayor Suarez: Call the roll. We can take them all three together, counselor,
Joe?
Mr. Plummer (OFF MIKE): To defer.
144 April 28, 1988
0 0
Mayor Suarez: We could take them all three together on a motion to refer
back...
Joel Maxwell, Esq.: Yes, sir.
Mr. Plummer: No, it's not refer back.
Mayor Suarez: It's refer back to department to...
Mr. Dawkins: Second.
Mr. Plummer: Defer.
Mr. Maxwell: That's right.
Mr. Plummer: Further information.
Mr. Maxwell: You're not acting on it you're just sending it back down.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-393
A MOTION DIRECTING THE CITY MANAGER TO SEND BACK TO
THE PLANNING DEPARTMENT THE PROPOSED ZONING
RECLASSIFICATION FOR THE MUNICIPAL JUSTICE BUILDING
(AT APPROXIMATELY 1145-1199 N.W. 11 STREET) IN ORDER
THAT THEY MAY CONSIDER A POSSIBLE MIXED -USE ZONING
CLASSIFICATION' FURTHER DIRECTING THE ADMINISTRATION
TO HOLD WORKSHOPS WITH THE AREA RESIDENTS AND TO COME
BACK BEFORE THE COMMISSION NO LATER THAN JUNE 23, 1988
WITH A LIST OF ALTERNATIVE RECOMMENDATIONS.
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.
30. DISCUSSION AND TEMPORARY DEFERRAL OF APPEAL BY BRICKELL PROMENADE
ASSOCIATES, LTD. - REVIEW ZONING BOARD'S DECISION TO DENY CLASS C
SPECIAL PERMIT AT APPROXIMATELY 2475 BRICKELL AVENUE (SEE LABEL 32).
Mayor Suarez: PZ-20. Why do I get the idea there's a lot of people here on
PZ-20? You'll have to admit, we went through the PZ agenda pretty quick to
get to PZ-20.
Mr. Guillermo Olmedillo: PZ-20 is an appeal to the Zoning Board's decision to
uphold a Class C denial by the planning director for a building located at
2475 Brickell, again being an appeal, I would defer to the applicant.
Mayor Suarez: The applicants? Is that you...
Gerald F. Richman, Esq.: Mr. Mayor.
Mayor Suarez: Oh, Jerry.
Mr. Richman: Mr. Mayor, for the record, Gerald F. Richman, Floyd, Pearson,
Richman, Greer, Wiles, Zack and Brumbaugh, Court House Center Building in
Miami, representing the applicant, which is Brickell Promenade Associates,
145 April 28, 1988
Ltd. I have with me Mr. Charles Sieger, an architect who will speak, Mr.
Morris Deckelbaum, who is with the applicant, and also Mr. Miles Moss, a
traffic consultant. This is an appeal from a denial of a Class C permit. The
issue before the Commission is one of whether or not you want to have on
Brickell Avenue, moderate and affordable housing and whether or not you want
to be fair to somebody who has literally suffered a hardship as a result of
ambiguities in a plan and as a result of mistakes made in the zoning process.
And the hardship amounts to some $2,000,000.
Mr. Plummer: Excuse me, Mr. Rodriguez, I do not find a breakdown in my backup
material as to who are the principal owners of Brickell Promenade Associates,
Ltd. Do you have such a breakdown?
Mr. Rodriguez: Miss Fox.
Mr. Plummer: It's a requirement, I thought, of the owners of Brickell
Promenade Associates, I don't have that in my portfolio. All I see is an
address in Boca Raton.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Richman: Yes.
Mr. Rodriguez: Put it on record.
Ms. Gloria Fox: This item, this application was taken, processed, went in
from of the Zoning Board, was heard by them and was appealed to you, would
have been to you three months earlier except that the applicant requested that
it not be heard till now. So it predated...
Mr. Rodriguez: Your direction.
Ms. Fox: ... your request that from now on we have it on all applications.
Mrs. Kennedy: That's right, it has been deferred several times.
Mr. Plummer: But, excuse me, what has that got to do with a requirement that
the ownership or who are the principle owners of a corporation are to be
listed before they have a hearing, period.
Ms. Fox: ... until you brought it up just a couple of months ago, it was
never required on Class A, a, or C permits. This was a Class C permit.
Anything that we take to Zoning Board, variance, special exceptions, street or
alley closures, change of zonings have always had it. Your special permits
never have; a couple of months ago you said, OK, if it's going to come in
front of us, ask to make sure that it's coming. This thing has been sitting
around for months.
Mr. Plummer: All right, what you're saying is, this is prior to the enactment
of the Commission's decision.
Mr. Rodriguez: Right, right.
Mr. Plummer: OK. Thank you. Sorry to interrupt you, sir.
Mr. Richman (OFF AND ON MIKE): If I may, also, I'd like to pass out to the...
Mrs. Kennedy: But we still can ask.
Mr. Plummer (OFF MIKE): What?
Mr. Richman (OFF MIKE): Certainly can.
Mrs. Kennedy: Who are the principals?
Mr. Plummer (OFF MIKE): Sure.
Mr. Richman (OFF MIKE): ... members of the Comsission, documents that I will
be referring to and would like to have...
Mrs. Kennedy (OFF MIKE): Thank you.
146 April 28, 1988
Mr. Plummer: We have them, air, they're in our backup.
Mr. Richman (OFF AND ON MIKE): In understand some of them are..... the record
will reflect that I've just passed out certain documents that I intend to
refer to. The building that's involved in this case meets - the proposed
building meets every single requirement except the requirement of density
according to your Planning Department. It is in the core area and background
wise what this involves is a piece of property that was purchased back in
1980. It got a building permit in 1981 and the building permit that met all
requirements at that time was gotten at a time when we were in the glut of
condominiums and there were all kinds of economic problems and it made no
economic sense whatsoever to build another luxury high rise condominium on
Brickell Avenue. With that problem in mind and there being no reasonable
economic use of the property at that time, the builder, after sitting with the
property for a period of time, went ahead and tried to find a reasonable use
for the property. Being knowledgeable of the fact that the City was trying to
bring people back into the core area of Miami with the development of Bayside,
with all of the exciting things that were happening in the City of Miami, he
looked for a practical use for this property and came up with an idea to be
able to provide affordable housing - and I must emphasize not low cost housing
but moderate priced housing - for the Brickell Avenue area. And with that in
mind, he went ahead and sought to be able to have housing bonds because with
the interest free use of housing bonds, they were able to bring down the cost
of the project enough to turn this into a rental building as opposed to a high
rise condominium building. He then sought and got the approval for a bond
issue of $17,100,000. The market that he was looking for are people who are
young executives, secretaries, people who could afford and wanted to be near
downtown.
Mayor Suarez: Is that... Gerald, is that still the present posture of what
they intend to do there, using the housing bonds or are you just telling us
history that later is going to evolve into something totally different?
Mr. Richman: That is absolutely the present posture and as a matter of fact,
with those housing bonds...
Mayor Suarez: Who was the agency issuing the bonds?
Mr. Richman: Dade County, and it would be required. The parameters generally
are, it moves as the government moves them but the parameters basically are it
would be people with an income range of $24,000 to $45,000.
Mayor Suarez: To live on Brickell.
Mr. Richman: To live on Brickell, $24,000 would be 20 percent of the people
involved, the rest could be up to $45,000.
Mayor Suarez: You understand that we... and I hope the County understands
we're trying to build those projects in many other areas of the City, not
particularly on Brickell.
(Applause)
Mr. Richman: But this would provide an opportunity for the people to be able
to live on Brickell, work in the downtown office buildings, use all the
facilities and all of the office buildings that exist on Brickell. That same
market or that same area is an area that I'm personally familiar with because
as a young lawyer in 1969 the first place I lived in Miami was at Brickell Bay
Village which was a low rise rental building with apartments not much larger
than the same apartments that we're talking about here. And as a result of
the size of the apartments, they were able to be able to do it on Brickell
Avenue. I then moved from there to Brickell Bay Club, a high rise
condominium, once at a later time I was able to afford it. But what we've got
here is an hysteria, I think, that this is some kind of low income housing and
that there's something wrong with being able to put a project of this type
here. We've got an architect who designed it who will speak to it. And then,
went through all of the approval process and that's where the problems lie
that ultimately ended up creating in this case a very serious hardship.
Mrs. Kennedy: Let me just state something, my problem is not that. My
problem is that you can only build 80 units per acre. You have 1.6 acres
which means that you can build 120 units at the most. That's where my problem
lies.
147 April 28, 1988
Mr. Richman: I understand that and that issue...
(Applause)
Mr. Richman: ... that issue is a problem because you can't build affordable
housing on Brickell Avenue at that density. It just can't physically - you
can't physically and practically, economincally be done. They designed it
with a view toward being able to do it and then they went to the City. And
when they went to the City, they were told that they were going to be able to
do it, specifically. And you've got to look at your own ordinance here in the
documents that I've handed out to you. Very simply, if we just take a quick
look at them chronologically, we can see what happened. On March 20th, 1985 -
reading now as the first page of the documents that I handed out - the March
20, 1985 letter should be the first one. I've got them in chronological
order. At that time, Mr. Rodriguez, the then planning director was reviewing
it primarily with regard to landscaping and matters of that nature. Keep in
mind that the density, the nature of the building, was all there at that time.
The design had taken place at that time. This is his only comment, following
through on that with verbal discussions that you will hear through Mr. Sieger,
they continued to move to the design of the project, but they didn't go ahead
and get the bond issue, the funding and invest approximately two million
dollars until they'd gotten the approvals, in effect, the green light. The
next letter is the one that you see, March 26th, 1986, and I specifically
refer you to the second paragraph, it says, "... the plans dated December
12th, 1984 and revised January 23rd, 1985, "these are the same plans that show
that density which Commissioner Kennedy has referred to as being a problem
because of the density," have been reviewed by the zoning plan checkers for
the City of Miami and found to be in compliance with the City of Miami zoning
ordinance number 9500, as amended."
Mrs. Kennedy: Is Joe Genuardi here? I would like for him to answer that to
me this is more than double the density.
Mr. Rodriguez: Commissioner, if you want to, why don't you let the applicant
make the presentation, then we will address each point so that we have a good
record on this?
Mrs. Kennedy: Ok.
Mr. Richman: That is March 26th, 1986. I next refer you to another document
which is the plan itself. This is the plan adopted by the City of Miami and I
believe the date is 1985, it was the one that would apply to this. And if you
refer specifically to the handout, it says, quote, "...the City of Miami
zoning ordinance, commonly referred to ordinance number 9500, is consistent
with the NCNP land use plan element." So the next step is, you've got
consistency, the City goes by the FAR ratio and this meets all the
requirements of the FAR ratio under the City of Miami's own zoning code, 9500.
Then we go through the next process approval and I have one document here that
I apologize for not having photo copied, but it should be certainly in the
files of the City, and that is an Inter -office memorandum dated August 6th,
1987 and that is to George B. Campbell from Sergio Rodriguez, director of the
planning department. And, it's two short paragraphs long, it states, "Please
find attached a copy of the Class C 87755 special permit application for
multiple family residential structure in RG-2.2/7 and SPI-4 districts located
at 2475 Brickell Avenue. I would appreciate it if you can give your comments
or inputs on the subject matter to Teresa L. Fernandez of my staff. Please
note that in cases of referrals of class "C" special permit applications,
section 25.02 of Zoning Ordinance 9500, indicates the reviews, analysis, and
or technical findings in such cases should be returned to this office within
ten working days of the date of my referral." On that, written on that same
document, are the words: "Have reviewed plans." No comments. Signed off, 7
August 1987. That's from your Public Works Department. Obviously, no problem
from them. With all of that, with no negative comments in relation to it, the
builder had acted in reliance, the builder invested some $2,000,000 in bonds
that he really cannot get back, as a result of following this process, and the
objections, we suggest, as you can see from the letters that we voluntarily
attached there, are objections that we think relate to possible
discrimination, possibly to, in effect snob zoning for this area, and I can
understand itt I can understand people saying they live on Brickell Avenue
and they've got an expensive high-rise condominium and somebody comes to them
and says: "This is low rent housing, and the neighborhood is going to go to
148 April 28, 1988
the dogs," that they come out here in hysterical fear that this could possibly
happen, and that is not the case with what we have here. We are talking about
incomes of $24,000, to $45,000 a year to provide affordable housing on
Brickell Avenue. We have a response with regard to questions that were raised
before the Zoning Board about traffic. The developer is willing to go to 1.3
parking spaces per unit to take care of the parking problems, and in effect,
this is about the only way, today, that you are going to be able to, if the
Commission desires to do so, provide affordable housing on Brickell Avenue,
and the question you need ask yourself is, what is best really for the City
overall, what is best for downtown, for downtown development? Do you want to
have, in effect a monolithic Brickell Avenue, or do you want to have a lively
core to attract people, to bring people downtown, so they won't have to
commute from Kendall, or from North Miami Beach to be able to work in
downtown, and provide to them, reasonable and affordable housing. There is, I
think for the City, a great deal at stake, in terms of future of the City, as
to what you want to do, and I know we've got a whole audience full of
objectors, and I understand why they are here. But, what I am asking the
Commission to do, is look at two things, one is the practical effect, and need
for housing of this type, and two, the hardship that is unfortunately been
created, by at best, the ambiguity that exists in the zoning ordinance, and
the actions taken by City officials, in effect, allowing the builder to go
ahead and spend the $2,000,000. The hardship we are talking about is one that
was created then. A hardship that existed before, that he had a piece of
property that was not good for condominium housing yet, is one thing, but what
happened here is, you've got a $2,000,000 cash hardship that was created, as a
result of what occurred by the City. We suggest to you that this will be a
very positive effect, and with that, I would like to briefly present to you
first...
Mr. Dawkins: Before you present him, Mr. Bailey, will you get to the mike,
please. How long have we, and that's this Commission, been attempting to
develop affordable housing?
Mr. Bailey: Ever since I've been here, Commissioner, a little over five and
one-half years.
Mr. Dawkins: All right. OK, now, off the top of your head, how much land
does the City have available, off of Brickell Avenue, that we are trying to
develop and put affordable housing on?
Mr. Bailey: 240 acres.
Mr. Dawkins: 240 acres. Now, it would appear to me, that if someone was
sincerely interested in the housing stock of the City of Miami, you would not
go and get this higher priced land and talk about putting affordable housing
on it, when we have land available. Now, Mr. Bailey, I would like to ask you
another question. You have... I have to say you, I'm talking about the City
of Miami. You have three sites on which you have been attempting to put
affordable housing for three years: Melrose site, The Civic Center site, and
what is the other one, sir?
Mr. Bailey: Highland Park, which we are still trying to...
Mr. Dawkins: All right, now, we'll just take one of them, the Melrose site,
OK? The AFL-CIO union... if I'm wrong now, correct me... put up their pension
funds in order to do what?
Mr. Bailey: Construct affordable housing for sale in Allapattah.
Mr. Dawkins: Now then have run into all kind of obstacles with Dade County,
right?
Mr. Bailey: Yes.
Mr. Dawkins: Now, but here is the gentlemen, that Dade
$15,000,000 available, to go on Brickell Avenue, but yet,
assistance where we need it. I mean, and how hard have you
order to get affordable housing?
County has made
we can't get no
been fighting in
Mr. Bailey: We are continually fighting especially with the Surtax Board, to
try to get some assistance for the Pension Fund to subsidize the housing. We
still haven't been successful.
149 April 28, 1988
•
Mr. Dawkins: So in reality, we have land begging to put affordable housing
on, right?
Mr. Bailey: Lots of it.
Mr. Dawkins: Thank you, that's all I needed.
Mr. Richman: Mr. Commissioner, you may be under one misconception, and if
I've lead you there, I apologize for it. There is no money being provided for
this housing by the County. All of the money is coming directly from the
developer. The only thing that is being done here, to make the housing
affordable, is the ability to get interest free bonds. It is a saving on the
Interest is not taxable and the practical effect of it is, that you can be
able to build and save the difference in interest on it.
Mr. Dawkins: Did the County tell you, sir, that you specifically could only
put those bonds in housing on Brickell Avenue?
Mr. Richman: I can't answer that, sir. I can tell you that that is my...
Mr. Dawkins: I'll tell you hell no! I can answer it for you. No.
Mr. Richman: You mean only on Brickell?
Mr. Dawkins: They you could put... yes sir. They didn't tell you that,
did they?
Mr. Richman: For this particular site is the basis upon which they retained.
I not suggesting to you that you can't get...
Mr. Dawkins: No, no, way. See, you are like my wife, you are picking on the
part you want to answer, OK? See, all I am asking you, sir, is, when the
County told you that these bonds were available, did they tell you we will
give them to you, make them available to you, only if you build on Brickell
Avenue?
Mr. Richman: If you mean, did they say that in advance, I wasn't there, 1 am
sure they didn't but that is not the issue. The issue is...
Mr. Dawkins: OK, with you it is not the issue.
Mr. Richman: This builder can go ahead and build the same kind of housing in
other places, that is true, but that avoids the facts. The facts are, he
bought the property with an intention to be able to build a certain way. When
it couldn't be done, he looked for reasonable alternatives, and what I am
suggesting to you is, this is a reasonable alternative that will benefit the
City of Miami. Other things may as well, but he is not getting a free ride.
The money is not coming from the County, it is not coming from the State, it
is not coming from the City of Miami. This is money that is coming out of its
own pocket, and the only thing that he has done, he as laid out $2,000,000
because of perhaps a mistake made by the City of Miami, if we assume, as we
say it, as the City contends that it was a mistake made, that they should be
able to ignore at this time. That's what in effect has happened.
Mr. Dawkins: OK, let me give you a good example, sir, why I am leery and
concerned. In 1975, this Commission gave permission for them to develop
Claughton Island, OK? And at that time, it was said that on Claughton they
would build 200 units of low income houses. In 1985, they did not do it, and
then when I suggested to the same kind of person like you are saying, who are
interested in housing, and everything, that you provide 50 units of low income
housing, anywhere in Miami, to the tune of $10,000,000, my fellow
Commissioners let them off the hook for a lousy $3,200,000, and the housing
did not get built on Claughton Island, and I assure you, sir, that we can
find... if your developer wants to work and is sincerely interested in
increasing the affordable housing in the City of Miami, I can help him find
all the land he needs.
Mr. Richmond: May I make my presentation? I'd like to put on the architect,
Mr. Sieger.
150 April 28, 1988
Mr. Charles Sieger: Good evening, for the record, my name is Charles Sieger,
of the Sieger Architectural Partnership, whose address is 9300 SW 87th Avenue.
We were retained back in 1980, by Mr. Deckelbaum and his partners, to design
a building that was a condominium. It contained approximately 112 units, and
met all the requirements at that time, was reviewed, we obtained the permit,
in fact, broke ground for a while and sustained the permit through the
beginning of the hardship period that we know has occurred. After Mr.
Deckelbsum and Company abandoned his efforts to do a condominium, he decided
that a rental project would be best appropriate for his situation. We started
In 1984, drawing up a new set of plans, whose building bulk, height, mass
obstruction to the environment and particular of the site, was in fact, less
than the original permitted building. We took those plans and took them
through complete review through the City, through the Zoning, through
Planning. We in fact, got a letter from Mr. Rodriguez as per Mr. Whipple, who
was with the City then, who had reviewed it, forwarded his recommendation to
Mr. Rodriguez. Mr. Rodriguez in turn wrote the letter that is before you.
It in fact said that our new plan was better or equal to the old plan, which
had all the reviews necessary to obtain a permit. When we finished the plan,
Mr. Deckelbaum and his partners proceeded to obtain the bond, which was to
guarantee a reduced interest rate, which would make the project feasible. The
bond had with it certain requirements. Do not think in any that it intends on
being low cost housing. The units we designed are extremely small. They are
designed specifically for individual adults. They range in the neighborhood
of 500 square feet, for a one bedroom apartment, which rents, if we discuss
the rents, and I will give you back to Mr. Richman for that, are actually
quite high for the size of the apartment. I have worked in the City now, since
I've been practicing on and off in the City limits for about 17 years, and up
until recently, all the discussions as to building bulk related to floor area
ratio, which I am sure you have experienced. This plan that we designed, in
fact meets all the FAR requirements. If in fact Mr. Deckelbaum did larger
apartments, he could in fact do the identical bulk of building with the
identical setbacks, the identical heights, etc. I present to you a plan,
actually, it is a SOD elevation of the building, which shows that it is in
fact, a nice looking building, at least I think so. It is in fact compatible
with the area. It is not a cheap looking building, an inexpensive looking
building. It is in fact, an expensive building. As a matter of fact, Mr.
Deckelbaum went as far as to hire a superintendent, go through all the
purchasing and agreements to build, to obtain the start of construction,
because we applied for permits and all of the departments signed off, except
for Zoning, who predicated his sign -off on Planning's class "C" permit, which
they, in my opinion, capriciously turned down. The building, as you can see,
would be fairly harmonious with the neighborhood. It has relatively, very
narrow, and very tall in proportion to itself, and is somewhat more elegant in
the neighborhood. When...
Mayor Suarez: Than the buildings in the neighborhood, not the dwellers in the
neighborhood, right?
Mr. Sieger: Yes, thank you. There was a concern by the appraiser during the
review process of the bond, which is a very lengthy process, as probably you
know. The appraiser brought up the issue to Mr. Deckelbaum, saying, excuse
me, but there is some side issue on the side of the fold out sheets on 9500,
that indicates an intent, quote, intent for 80 units to the acre, at which
point, all of us became very concerned. I made an appointment with Mr.
Olmedillo to my right, with my partner and myself, my partner's name is Jose
Suarez for the record, two of us went to meet Mr. Olmedillo. He, in fact,
took us to Mr. Genuardi's office, in which we showed him our plans, our
intent. We showed him the review process. We went over everything, he then
issued the letter. Based on that letter, we went back to the appraisal
person, through Mr. Deckelbaum, and upon that letter, the appraiser in fact,
passed a bond issue by means of his assessment, and in fact then Mr.
Deckelbaum put up his money, at which point, we were lead to believe through
what the letter very specifically says is that if we continue to do our
construction documents in substantial accordance with all the codes, which we
would obviously do, which we had done, in fact, and in substantial compliance
with the plans that we presented, we would get a building permit. We went
through that process. Mr. Deckelbaum then expended additional funds for our
fees. We finished that process. We took it to the City of Miami, for the
permit, we got through the entire process. Everybody signed off. It got to
the class "C" issue, and then from there, you know the history. It's here now.
I have a great concern in the fact that this... there are some sub -issues that
were dealt with, that we even acquiesced to that weren't given to us, that
151 April 28, 1988
were given to us in the first building permit: i.e., the 70 foot easement,
which inquired in part of the code, very ambiguously, as an extension of the
feeder road along Brickell Avenue. We in turn, moved our building back to
accommodate that in the process. We have met, in my mind, every regulation
that exists in that zoning code. The ambiguity with the density, is almost a
nonsense issue. I know that with this City, the density was never an issue,
and it was always FAR, and I content that that is what it still is. Thank you
very much.
Mr. Morris Deckelbaum: My name is Morris Deckelbaum, 2900 Military Trail in
Boca Raton. I represent Brickell Promenade Associates, and I have represented
them in this venture. I am not going to repeat everything that you have heard
from these people, but I just want to emphasize to you that what they have
said, is exactly what transpired, and basically, I am just going to skip
through very fast. We engaged Mr. Sieger in 1984 to prepare preliminary plans
for a low priced rental apartment building. As a result of our reading in the
papers and understanding from civic authorities that City of Miami is dead at
night, and nobody lives here, they are encouraging Bayside to be developed, so
they could get some action down here. At the same time, we knew that there
were a lot of office buildings being constructed in the area. There is no
housing affordable for the type of people who would work in offices like
stenographers and young executives, and we thought we had hit on a brilliant
way to make use of this lot, and the first thing we did when we had the
preliminary plans, and we knew what we could do with it, is we applied to Dade
County for permission to have a tax free bond, which permission was granted.
After that, we started looking for a bond issue and that is not... in order to
secure a bond, you have to get someone who will issue it, and you have to get
a guarantor and a guarantor is not easy to get and you have to pay a lot of
money for it. After a while, we were able to secure a guarantor, but we had
this here problem came up about whether we were covered with this eight units
per acre business. When Mr. Genuardi checked the plans, and he issued this
letter which satisfied the bond people, who have very, very expensive
attorneys and they were satisfied that we conformed, they said: "Fine, we are
going to give you the bond." Now, based on that, we proceeded to do the
following things. We told the architect...
Mayor Suarez: This is still pretty repetitive. You know, your attorney, and
I want to tell you this, to tell back to his partner, who is the former Mayor
of the City of Miami, has made one of the most incredibly persuasive arguments
with one of the most difficult cases I've ever heard in my life, but you are
repeating basically what he stated. I haven't heard anything new, in fact the
three of you, pretty much the same thing. He was pretty thorough, and we'd
like to hear from the other side, and we'd like to get out of here by 9:00
o'clock, and...
Mr. Dawkins: Let's hear from the Department.
Mayor Suarez: ... we've got a couple of other items including one involving
Reverend Pankey back there, who would love for us to...
Mr. Dawkins: Well, I'm leaving at 9:00. This is the last item I'm going to
hear.
Mayor Suarez: That's what I am trying to get at, that if you could summarize,
please.
Mr. Deckelbaum: What we did, we engaged architects that completed the plans.
We engaged engineers, we engaged a banking house to float a bond issue. We
engaged another banking house to guarantee that bond issue, and really, based
on the fact that we had this letter guaranteed from the City that we could
build that building, we spent initially $1,500,000, it is close to
$2,000,000, that this has cost us, based on this here. Now, if Mr. Genuardi
knew what he was talking about, or if he didn't know what he was talking
about, if he had said: "No, you can't, because it is eight units to the acre,"
we would not be in this position. We would be $2,000,000 ahead, and that is
what is the issue here. Thank you.
Mrs. Kennedy: Mr. Mayor, before we go to the other side, 1 went to Sergio and
I got the schedule of regulations, and it reads: "Uses are therefore
restricted to those permissible in the RG-2 districts generally, with minor
modifications, but maximum density is intended to be approximately 80 units
per acre," loud and clear.
152 April 28, 1980
Mr. Deckelbsum: (OFF MIKE) No, it is not loud and clear. That is very
indefinite. It is intended to be approximately. That is not exact.
Mr. Dawkins: I'd like to say that it is the policy that we quit at 9:00
o'clock, so whatever the last item is that we are hearing at 9:00 o'clock,
that's it.
Mr. Richman: Mr. Mayor, just to say a few quick matters. We do have a
traffic engineer. I don't want to take the time to present him, unless the
Commission wants to hear from him, but I'd like his report to be part of the
record, and if the Commission would acknowledge that what he would say is
what's in this report, and that there are absolutely no traffic problems would
be his testimony created as a result of this, otherwise, I'd present him.
Mayor Suarez: He can make a general statement to that effect for the record.
Mr. Richman: All right, and secondly, I'll put him on in just a second. I
just want to point out the August 17, 1987 memorandum, which is also part of
your materials that I neglected to mention, by Mr. Genuardi, in which he
specifically says: "The zoning plans reviewer has reviewed the plans submitted
with Class "C" permit application and found them to be in compliance with the
zoning ordinance," and he signed the application. The zoning ordinance is
9500, and that is the one that is referred to as being compatible with the
comprehensive plan. If that's the ambiguity, that's problem for anybody
applying and that's what has caused a $2,000,000 hardship in this case, it
should be rectified by this Commission. I'd like to briefly present the
traffic engineer.
Mr. Miles Moss: My name is Miles Moss, my address is 12900 SW 84th Street,
Miami. I am the president of Miles Moss and Associates, consulting engineers.
My firm has been retained, we have analyzed the amount of traffic that this
proposed development would generate. We've distributed the traffic onto the
roadway network, and we have performed the common type of analysis normally
done, using the accepted engineering principals, to determine if the roadway
network can support the amount of traffic it would generate. The results
indicate that it can. If I can just use your overhead projector for one
second. The results of the study indicate that the two adjacent
intersections, the major intersections that are signalized to the proposed
development, Brickell Avenue and 2432 and 2451, the level of service of the
intersection that was measured, was at level of service "B" today. Adding on
the amount of projected traffic that the development would generate, does not
deteriorate the capacity of the intersection. It still remains at level of
service "B." Similarly, Brickell Avenue and 26th Road is at level of service
"C," and would not deteriorate as a result of the amount of traffic that would
be generated by the development. The results indicate that it would be at
very acceptable levels.
Mayor Suarez: OK, and the rest is contained in your report, and we can enter
into the record?
Mr. Moss: Yes, it is, in much more detail, yes.
Mayor Suarez: Thank you. Anything else, counselor, before we...
Mr. Olmedillo: Yes, Mr. Mayor.
Mayor Suarez: Please.
Mr. Olmedillo: Mr. Mayor, if I may present the position of the City. The
issue before you is the class "C," which was denied to the particular
applicant. For the record, the name Guillermo Olmedillo from the Planning
Department. The instrument in which the Planning Director must rely in order
to review a class "C" - first of all, we have the Miami Comprehensive
Neighborhood Plan, September 1985, which clearly states for this particular
area, a density of 80 units for acre, net acre. The second instrument that
the Planning Director has is the ordinance which for the RG-2.2 district
states clearly, a maximum density of 80 units per acre. On the other side of
the room I see John Fletcher, who was the attorney for the Machado case and I
believe if you allow him to speak later, he will on the matter of the
intent and the Comprehensive Plan issue.
153 April 28, 1988
0
0
Mayor Suarez: We are going to give John Fletcher 35 seconds, at some point.
Go ahead.
Mr. Olmedillo: The third instrument that the Planning Director has to rely
on, the general conditions that any special permit needs to be addressing, and
that's section 2305, and that... you are familiar because we called upon them
many times, it is the issue of ingress, egress and traffic - the impact into
the neighborhood, what can occur from accepting or allowing a given
development such as this. The Planning Director set some conditions and
explained thoroughly when he denied the permit. The issue was that of
density, and that of traffic. The density clearly, with the three instruments
that I have mentioned to you, there is no way that the Planning Director can
deviate from these instructions. These are precise instructions that state
what has to be done. As to the process, which the applicant and his
representative have told you how the process had lead him into a path which
lead to the place that they are today.
Mayor Suarez: By the way, when you use density in this context, you are
referring not so much to bulk, but to the number of units and dwellers and so
on.
Mr. Olmedillo: Units per acre, yes, sir. The architect stated himself that
he has worked with the City for many years. Class "C" permit was established
within ordinance 9500 in 1983. It has been a common practice in many areas of
the City, in many special public interest districts, the SPI's that we call
RG-2/1, the RG-2/2 at that this particular case and it is clearly stated in
the ordinance that no building permit shall be issued without the benefit of
the class "C" special permit. That is clearly stated in the ordinance, so
there is no opinion that can deviate from that fact, which is stated clearly
in the ordinance. The proposed development shows 272 units. The original
plans that were submitted back in 1980, or 1981 show 112 units. That was in
conformance not only with the FAR, but also with the density. We are not
saying that the FAR has been increased. That is not the issue. The issue is
not the bulk of the building, the issue is not the beauty of the building, the
issue is not any of those facts.
Mayor Suarez: That's why I... specify what you meant by density.
Mr. Olmedillo: It is... that's density. The Planning Director, with the
three instruments at hand, could not decide anything else but to deny the
application, as it was stated. The applicant has also stated, or the
architect, that he took the plans through the whole process and everybody had
approved.
Mayor Suarez: Can you summarize, and also give us your qualifications,
please, Guillermo.
Mr. Olmedillo: The fact is, that getting the plans through electrical,
plumbing, and structural does not mean that they look at the issues of the
class "C.", The class "C" is directed by the Planning Director and he is the
one making the decision. For the record, I must state my qualifications. I
went to Gables High here in 1960-1962. I went to the University of Miami.
Mayor Suarez: We won't hold that against you.
Mr. Plummer: Now I know what is wrong with him!
Mr. Olmedillo: I got an architectural degree in 1967 from the University of
Miami and moved back to my country where I worked for the Ministry of Public
Works. I got to be the Planning Director of the central region, the capital
region, I should say. Then I went to MIT for...
Mayor Suarez: Which country?
Mr. Olmedillo: Caracas, Venezuela. I went back to MIT for graduate work in
1973 and 1974, I went back to my country again and I worked as an advisor to
the planning office for the Caracas Metropolitan Region and became assessor to
three different banks in the area and I started my private practice. Four
years ago I moved back to this area and three years ago I was named to the
position of the chief of the neighborhood division and two years ago I was
named to be acting in the land development division. About a year ago then, I
was made not only acting, but the holder of the position for the land division
division.
154 April 28, 1988
•
•
Mayor Suarez: Mr. Planning Director, do you have to add something?
Mr. Rodriguez: Yes, I would like to correct for the record, that even when I
am sitting here as the City Manager at this point, I am also presently
continue being the Planning Director for the City of Miami, and as Assistant
City Manager, I am in charge of the Planning Department, the Department of
Building and Zoning, and the Department of Public Works. In addition to that,
I am in full concurrence with all the statements that have been presented in
the class "C" as presented in your package on PZ-20, in the zoning fact sheet,
specifically in relation to the findings which are shown on page 10 and 11 of
your package, and my qualifications are, I have...
Mayor Suarez: Briefly, your qualifications, don't give us the whole thing.
The highlights.
Mr. Rodriguez: I've been Planning Director for the City of Miami for the last
five years, and I have a master's degree in regional planning from the
University of North Carolina in Chapel Hill, and a bachelor's degree in
architecture from the University of Florida, and have been a practicing
planner since 1969.
Mr. Campbell: Mr. Mayor, if I may, briefly...
Mayor Suarez: George.
Mr. Campbell: ... for the record, George Campbell, Department of Public
Works, the applicant very carefully read a memorandum, amending the record, a
memorandum from Mr. Rodriguez, to me, to our department, requesting review of
the class "C," and at the bottom was a note, notation that we had no comments,
and my initials. Subsequent to that, that was of earlier date, subsequent to
that, on October 26, 1987, 1 wrote a memo to Mr. Rodriguez concerning this
same class "C" permit, and if I may, I'd like to read into the record, since
the other one was read into the record:
"This department supports your denial of the class "C" special
permit for 2475 Brickell Avenue. We also agree with your
assessment of the impact on the infrastructure. For the record,
when this department reviewed the preliminary plans submitted,
we were lead to believe by the developer, that this was merely a
re -submission of a previously approved project for which time
had expired. Our review was limited to numbers, size, and
location of driveways and the possibility of relocating the
existing opening in the median of the SE 25th Road. The purpose
of this memorandum is to forestall any claims by the developer
that this department has approved the project."
As to the other - qualifications, I've been with the City for 29 years, as you
know. I'm a registered civil engineer. I've been engaged in the practice of
civil engineering since 1951 on a involved cases.
Mr. Plummer: Wait a minute, don't walk off. You did not address in your
presentation that which I read in the backup material, and I'd ask you to
please put onto the record, your remarks that you made in the backup material,
pertaining... excuse me, Public Works, in reference to the sanitary sewers.
Mr. Campbell: All right, in the... we have a memorandum, dated December 24,
1987, from the director signed by the assistant director, Ms. Badia, to
Gloria Fox. This is for the purpose of clarifying the comments that were made
in the zoning fact sheet. The zoning fact sheet... we recommended denial,
sanitary sewers were constructed in 1962. Zoning at that time allowed 50
units per net acre for the site, present zoning allowing 80 units per net
acre. Sewer can handle this, the 80 units, that is, per net acre, but the
capacity and overall system that this is tied to, is marginal at this time.
We recommend against further exceeding the original design parameters. At
that time we were still reviewing the traffic impact, and we agree with Mr.
Rodriguez' assessment of the traffic impact."
Mrs. Kennedy: And we haven't even addressed the parking.
Ms. Lynn Dannheisser: For the record, my name is Lynn Danneheisser, 801
Brickell Avenue. I am an attorney representing Brickell Townhouse, Brickell
Park, Brickell-Biscayne, for the record; Brickell Forest, Brickell Bay Club,
Atlantis, 25 Bay Tower, and Imperial, and Brickell 25. My co -counsel
155 April 28, 1988
represents Brickell Place, who will address the Machado decision with which he
is very familiar, tell you about the law in his 35 seconds. In my 35 seconds,
I want to address one issue, and that is the issue of this March 26th letter,
which we have heard so much about, and which allegedly is the cause of some
hardship to the applicant. It is very clear when an applicant applies, in
fact, it is written right on the application, that the only person who can
make a decision on class "C" permits is the director of the Department of
Planning. It also very specifically says that the zoning administrator will
first review the application for technical zoning requirements. Any letter by
the zoning administrator regarding technical zoning requirements had no right
to be relied on by anyone, including the Dade County Housing Finance
Authority. The City is very clear in its ordinance, and in its application
and anywhere that addresses class "C" permits, that only the Director of
Planning can make this decision. He did, he recommended against it for the
reasons stated by Guillermo, and I won't go into it again, and I think we can
put to rest this issue of hardship, and any alleged approval by the City.
With respect to the law, I'd like Mr. Fletcher to tell you about that, and
then we have some people who have waited a long time to speak to you. We will
admonish them to be very brief.
AT THIS POINT, THIS ITEM WAS MOMENTARILY DEFERRED.
Mr. Plummer: Before Mr. Fletcher starts, Mr. Mayor, our policy at 9:00
o'clock, it is obvious this is going to be the last issue. Would it not be
well to announce at this time that items 21 through 27 will be continued to
the next meeting, not to make people sit here any longer.
Mayor Suarez: Almost all of them are Planning Department items, I believe,
except for the very next one.
31. GRANT REQUEST RECEIVED FROM REV. RICHARD PANKEY TO POSTPONE PLACEMENT OF
REQUIRED BOND IN CONNECTION WITH IMPROVEMENTS TO HIS PROPERTY, WITH
PROVISOS.
Mayor Suarez: Rev. Pankey had an item that I don't know if the Commission
wants to very quickly consider. Reverend, do you want to just tell us what it
was that it had to with your ACLS facility, did it not?
Rev. Richard Pankey: Richard Pankey, pastor, Allapattah Baptism Church. What
I am looking at now is I would like for this City...
Mayor Suarez: I am sorry, the reason that he is not on the agenda, really, is
that we took a little too long to get the memo out. It should have been, and
that is really our fault. I was out of town, and my staff didn't get it.
Rev. Pankey: OK, what I want...
Mayor Suarez: So, it is really totally up to the Commission, otherwise, we
will hear you in full May 12, or the next applicant.
Rev. Pankey: OK, all I would like the Commission to do is let me have an
agreement with the City, or commit to the City, to pay the $45,000 that I need
for the platting to be done, so I can go ahead and make my June deadline for
my final plat - covenant, or whatever it is.
Mayor Suarez: Do we have to extend the time that you have to do that? Is
that what you are asking?
Rev. Pankey: Yes, sir. Yes, sir, I have until June.
Mr. Plummer: So move.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. George, are you going to say that that
sounds like a very good idea?
156 April 28, 1988
Mr. Campbell: No, I wasn't.
Mayor Suarez: Why not?
Mr. Campbell: There is no provision in the subdivision regulations...
Mayor Suarez: That allows us to do what we are going to do.
Mr. Campbell: ... that allows you to do it.
Mr. Plummer: Is there any prohibition against it?
Mr. Campbell: There is no prohibition against it, no.
Mr. Plummer: Silence gives consent.
Mayor Suarez: OK, we have got a motion and a second. We're OK, now Madam...
Mr. Plummer: Now, you understand, Reverend, you are not going to get a
building permit until that $45,000 is paid.
Rev. Pankey: No problem.
Mr. Plummer: Ok.
Mr. Dawkins: I've got one. Have the Manager schedule for the next meeting,
why La Nacion can't be given some business with the City of Miami. Schedule
that for the next Commission meeting, please.
Mr. Plummer: He can, all it takes is three votes.
Mayor Suarez: OK, anything else form the Commission on that? Call the roll.
NOTE FOR THE RECORD: AT THIS POINT, UPON MR. ARNOLD GILMAN'S
REQUEST, IT WAS AGREED THAT PZ-21 WOULD BE THE FIRST ITEM ON THE
NEXT AGENDA AFTER 5:00 P.M.
Ms. Hirai: Mr. Mayor, we need to call the roll on that motion.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-394
A MOTION GRANTING REQUEST RECEIVED FROM REVEREND
RICHARD PANKEY, AND AUTHORIZING THE CITY MANAGER TO
ALLOW MR. PANKEY TO PROCEED TO GET HIS PLAT,
"ALLAPATTAH BAPTIST PROPERTY," RECORDED; FURTHER
STIPULATING THAT THE PLACEMENT BY MR. PANKEY OF THE
REQUIRED BOND, IN ORDER TO COVER COST OF IMPROVEMENTS
TO BE DONE BY HIM, IS HEREBY POSTPONED, BUT MUST BE
PAID BEFORE HE IS GRANTED A BUILDING PERMIT.
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.
157 April 28, 1988
32. DENY APPEAL BY BRICKELL PROMENADE ASSOCIATES, LTD. OF ZONING BOARD'S
DENIAL OF CLASS C SPECIAL PERMIT AT APPROXIMATELY 2475 BRICKELL AVENUE
(SEE LABEL 30).
------------------------------------------------------------------------------
Mayor Suarez: John.
Mr. John Fletcher: Thank you. John Fletcher, 7600 Red Road in South Miami is
the location of my office. Before I forget, because I keep forgetting every
hearing to put a petition in the record that people worked very hard to get
signed, if I might give it to the City Clerk.
Mayor Suarez: Put it in the record.
Mr. Fletcher: Thank you.
Mr. Plummer: What's the petition for?
Mr. Fletcher: It seems to be opposed to the request that is before on this
agenda item, Mr. Plummer.
Mr. Plummer: Approximately how many signatures?
Mr. Fletcher: Hundreds. I didn't count them, I'm sorry. The situation, as
far as the law is concerned... oh, by the way, I am going to back up and say
this, I represent Brickell Place Condo I, Brickell Place Condo II, and a batch
of individuals, the same people I've been representing all through. We'd like
to say their names for the record, so we have standing in the event that
anything occurs. After this, we hope not, just in case: Mitch Romboy, Luis
Gonzalez, Arnold Ravin, Eduardo Fortuna, and Dan Savladosky. There are also
others who would like to speak individually. One of the things I think you
noticed in your kit that is quite a shock, is that the application that is
before you proposes 272 units, where there is a maximum density of
approximately... excuse me, with a maximum density of approximately 167 units
per net acre. Now, that is 167 units per acre that is proposed, where 80
units an acre are permitted. It doesn't abide a plan. It doesn't take much
to figure that that is not consistent with the land use plan, where it is more
than twice what the plan permits, and I don't have to do any long speech to
you about the recent case in the Third District Court of Appeals, which is
Machado versus Musgrove and I give you the citation, if you are interested,
but the Third District Court of Appeal reviewed the land use land use plan law
of the State, and concluded specifically, that where there is any
inconsistency with the land use plan, then the application for the zoning
relief cannot be approved. They mentioned specifically... yes.
Mrs. Kennedy: Excuse me, John. I think that we established that it was a
maximum of 80 units per acre.
Mr. Fletcher: The land use plan permits 80 units per acre. They are
requesting 167 units per acre, which is more than twice is permitted by the
land use plan.
Mrs. Kennedy: Right.
Mr. Fletcher: But, what we are saying here, is that it certainly not
consistent when you have more than twice as permitted, and Third District
Court says specifically in that case, that where there is a greater intensity
of use that has been requested, that it cannot be granted by the zoning
authority. There are people who would like to speak, I can provide a copy of
this case, but I am sure your City Attorney already has a copy, if not more
than one. In that regard then, I'd like to ask the other people to speak very,
very, briefly so we can proceed rapidly. Thank you.
Mr. Lawrence Levy: For the record, my name is Lawrence Levy, my address is
1865 Brickell Avenue, Apartment A-1807. Some of you on the Commission know
that I am a bond attorney. I want to state on the record, I am not
representing anyone but myself here this evening. One of the things that we
haven't heard, is how many of these units are going to be affordable housing.
I haven't done a housing issue for a long time, but as I recall, only 20
Ise April 28, 1988
percent of the units in s bond financed building need to be within the 80
percent of the median income limits, in order to have what is generally called
low income tenants in the building. I would like to ask this Commission
before they vote, to ask that very question, of how many of these units will
be so called affordable housing, because by my calculations, the minimum would
be 55 units, leaving 217 at fair market value. Again, I have not had an
opportunity today to check the record on that, but I believe that is the
situation. So, the issue here is not really affordable housing, the issue
here is really density, and the issue is what it is going to do to traffic
patterns around Brickell Avenue and what it is going to do to ambience of our
neighborhood and I ask you to take that into consideration when you do vote.
Thank you.
Mr. Al Gutman: For the record, my name is Al Gutman, I live at 2451 Brickell
Avenue, and I am not here just an individual who lives in the community, I am
also here as a member of the Florida House of Representatives. Honorable
Mayor, members of the Commission, I think that we have heard a lot from the
developers about financial considerations and I've heard the term issue a lot.
Now, I think what is important is not so much that they have invested money in
a project that they couldn't build, but more important is the fact that there
is, I would say, what, about 300 members of the community here that are
opposed to this project. Is everybody here opposed? Is there anybody in
favor? The developer. Well, I think that, you know, if you are not desired
somewhere, you shouldn't come in there and try to do something, and you should
try to consult with the community, and work with them, and that's the beauty
of the democratic process, that these people can come here to the City of
Miami City Hall and attempt to persuade the Honorable Mayor and Commissioners
that this is a bad project. I will be honest with you. The Zoning Board
rejected this project, Mr. Rodriguez, yes, unanimously. Mr. Rodriguez
rejected this project when it was first proposed to him, by not issuing the
class "C" permit, and I think it's your duty as members of this community to
reject this project and follow what the people were saying. Thank you very
much.
Mr. Alfred Zeyden: For the record, my name is Alfred Zeyden. I live in 1925
Brickell Avenue. Honorable Mayor and Commissioners. The Zoning Board denied
this project because they reviewed all the facts and they found that this
project was not in the best interest of our community and I strongly support
the decision of the Zoning Board to deny this project. Thank you very much.
Mayor Suarez: Thank you, Mr. Zeyden.
Mr. Joe Wilkins: Hello.
Mayor Suarez: That's it? Two more? Joe Wilkins, what are you doing over
there?
Mr. Wilkins: We have a lot of people on 25th Road, this project is going to
impact not only Brickell, but the roads, and a lot of people on 25th Road.
Mayor Suarez: A quick statement from the road association or yourself?
Mr. Wilkins: Joe Wilkins, representing the Miami Roads Neighborhood Civic
Association. We support what the folks on Brickell Avenue are saying, this
project is not only going to impact Brickell, it is going to impact traffic on
25th Road, which as we have discussed, is already a mess. We hope you will
reject this project, thank you.
Mr. Fernando Octavo: My name is Fernando Octavo, I live at 24 Brickell
Avenue, and I am going to consume less than 30 seconds. The situation is very
simple. The attorney says that we are here because of hysterical actions in
our part. That is not correct. It is very simple. My apartment is double the
size that they are proposing to you people, and it is my wife, me and a cat,
and sometimes the cat gets upset because we don't have enough room. Second, I
am a Fuller Brush man. This is not a commercial! I am a Fuller Brush man and
some people know me and it happens that my territory is on Kendall and he said
that he wants people on Kendall to live on Brickell because they work
downtown. I don't want to happen to me the other way around. I live on
Brickell Avenue and I don't want to go to Kendall to park there and then get a
bus to get inside my house. Sometimes... at the present time, without that
beautiful building, that between you and I, looks lousy. Anyway, that
building, if you accept that proposition, I will be obliged to go to park my
159 April 28, 1988
•
•
car on midtown and then go walking to my house, because at the present time,
many times, if I arrive home 8:30, I cannot park, and then I walk five blocks
to my house. Thank you very much. My time is over.
Mr. Plummer: Did you ever consider Metrorail?
Mr. David Gould: For the record, my name is David Gould, I live at 2451
Brickell Avenue. I am the past president of the Condo Association, which
consists of 350 units. I am a licensed real estate broker and a licensed
mortgage broker in Florida. I would like to put this issue into terms that we
can all somewhat visualize. The proposed project calls for one bedroom units,
with a minimum size of 470 square feet, and a maximum size of a one bedroom
for 550 square feet.
Mr. Plummer: Hold right there for one minute, because the developer, or the
attorney for the developer made a comment that the units, some were 500
square feet, and you are saying 470, and my department tells me, that the
minimum sized apartment allowed in the City of Miami is 550. Now, for the
record, somebody is off somewhere. Let me get that one clarified right now.
Is that... Mr. Genuardi, would you bring yourself to the microphone, sir, and
tell me what is the minimum sized apartment in the City of Miami allowed?
Mr. Joseph Genuardi: Joseph Genuardi, zoning administrator, City of Miami.
Mr. Plummer: No commercials, please!
Mr. Genuardi: The minimum size that we permit, and have been permitting over
the years, 550 square foot for single one bedroom apartments, 450 for an
efficiency, 650 for two bedrooms.
Mr. Plummer: So, they can go to 450 if it is an efficiency?
Mr. Genuardi: That is correct.
Mr. Plummer: Thank you.
Mr. Gould: Thank you, I guess I stand corrected, that it is not a bedroom, it
would be considered an efficiency. To my knowledge, on Brickell Avenue, there
is no such thing as an efficiency apartment yet. My profession indicates that
the market rents for a one bedroom apartment, at least in the proximity for a
1,000 square foot apartment is approximately $650 to $700 per month. If we
take a somewhat ambiguous figure, the $2,000,000 in cash that the developer
has invested, plus the $17,500,000 in cash for the bond issue, we are looking
at an average price of $71,600 per unit, that is his cost. At 500 square
feet, my profession tells me that you cannot rent 500 square feet for the same
price you are renting 1,000 square feet for. Now, I put it in plain terms so
that we can discuss this thing economically from our own standpoints. If you
invested $71,600, what would you want for a return on that? Thank you.
Mayor Suarez: OK. That's it?
Mr. Mickey Bias: Wait a minute. I believe I have the last word, and I will
also be brief. Perhaps it is appropriate that I have the last word, although
It was just ironic that it worked out that way, because I have been at the
forefront of this opposition since the beginning. My name is Mickey Bias, for
the record, I live at the Atlantis on Brickell, 2025 Brickell Avenue, and I
have discarded what was going to be a lot of facts and statistics, because of
the hour. I just want to address one very quickly and that was that last one
about the size of the apartments. It is very peculiar that all along the
developer has been talking about affordable one bedroom apartments, but
conveniently, on the architectural plans, schedule "A," I did my homework,
they are listed as efficiencies, but never once in the PR releases, or here or
anywhere else, has it been called an efficiency, as you just found out they
really are. I was in favor of this project, because I want to see development
on Brickell, until I learned about some of the details, such as the one I just
gave you, the density, the parking shortage, the size of the apartments. I
come from New York, as you can hear already, where I know about small
apartments, but this is unconscionable. My final word, and I believe I am the
final speaker also, is this, Honorable Commissioners, Mayor, Honorable Vice
Mayor, keep this in mind as your final thought, perhaps - there has been three
times we have been here, once the zoning hearing was adjourned, which makes
this the third time. We filled this room, and over -filled it, many times.
160 April 28, 1988
Never once has there been once person here, in favor of this project from the
community, except, of course, developer and his paid professionals. In
addition, the Planning Director received over 1,000 letters of protest of this
project, development, call it what you will, and I believe to the best of my
knowledge, there has been not one letter on file from the community members,
or from anyone, except the paid professionals, in favor of this project. I
urge you to do one thing. These people came out three times, wrote thousands
of letters, not to change the laws, which is what the public has to sometimes
has to scream out to do, only to do one thing, to ask you to uphold the law
for the sake of not just Brickell Avenue, but for the sake of the community,
the City, do what is right, uphold for denial of this class "C" permit, Thank
you.
Mrs. Kennedy: I am ready to make a motion.
Mayor Suarez: I have to tell you, being from New York, you would know what
overkill is, and that is what you just engaged in.
Mr. Richman: It has been suggested to me that I should have moustache wax for
my moustache, for the roll that I am here to be playing in front of these
people. A couple of very brief comments. To correct the record, on Public
Works, you need to know, that where it said, "no comment," that is what it
says. They didn't go - Mr. Campbell did not go back and make the changes and
all of the adverse comments until after Mr. Rodriguez had made his denial. So
in effect, it was an after the fact justification to go ahead and support the
denial done by Mr. Rodriguez. The record will show if you just look at the
dates on that, October 26, 1987, is when Mr. Campbell did what he said he did.
The disapproval occurred on October 14, 1987, and the no comments occurred
prior to that time. With regard to Mr. Lawrence Levy, the bond attorney, I
respectfully suggest sir, that you are wrong, and you should look at it, if we
would put all our eggs in the basket and say, "If you are right," we'll
somehow withdraw, but our clear understanding is that nothing in here can
exceed the guidelines which are approximately $45,000, so this truly is a
moderate housing project in terms of what has been proposed. The one other
thing that hasn't been addressed here is that you have an arbitrary, possibly
arbitrary discretion situation. You have got a zoning code. The zoning code
needs to be followed. Everybody is told in here that the zoning code has been
fully complied with, section 9500, that is your code, and what the Machado
case that Mr. Fletcher cites does not address, is the question of equitable
estoppel, when something like this has occurred. There are substantial
equities on the side of the developer in this case, that must be considered by
this Commission, as well as overall welfare of the community. We urge you,
just as the other side urged you, to do what is right under the particular
circumstances of this case, and to grant the appeal. Thank you for your time
and patience.
Mayor Suarez: Thank you Gerald. Madam Vice Mayor.
Mrs. Kennedy: Yes, Mr. Mayor, can we...
Mr. Plummer: Let me get something on the record. Counselor, let me ask one
question that was asked, and you really didn't address it in a direct answer.
What percentage - it could be 100 or less - what percentage as it stands on
your plans today, are proposed for moderate income housing?
Mr. Richman: The entire range, 100 percent, is 20 percent, that is
approximately 24,000 and the balance has a limitation of approximately
$45,000. The guidelines vary with the government, but the entire building is
limited. You can't have people above that, and what I also note so the record
will be clear, that are 300...
Mayor Suarez: But, there is no disagreement on the low income as defined by
Federal guidelines of 80 percent of median income. You have 20 percent
minimum on those, if they are financed in any way by Federal funds, so there
is no disagreement on that particular figure.
Mr. Richman: It is 20 percent, and the other 80 percent is also limited with
regards to the funds that are provided. I just want to note for the record,
that where there may be 300 objectors in the world, there aren't 300 in this
room, if I count the number of seats here and there are some empty seats.
There are 140 seats in here.
161 April 28, 1988
Mayor Suarez: We take notice of the fact that we don't have 200 seats here.
ON.
Mr. Plummer: For the record, we would hope that when Mr. Gutman is voting
appropriations in Tallahassee, he is that overabundant in his projections.
Mayor Suarez: Madam Vice Mayor.
Mrs. Kennedy: I just want to say if there is no further discussion that to
build 272 units, where only 120 are permitted, to me sounds like an
outrageous variance. This is also a project that will have tremendous traffic
implications, and therefore I move to deny.
Mayor Suarez: Moved, do we have a second?
Mr. Dawkins: Second.
Mayor Suarez: Seconded, any discussion from the Cow Lesion? Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 86-395
A RESOLUTION UPHOLDING THE ZONING BOARD'S AFFIRMATION
OF THE PLANNING DIRECTOR'S DECISION TO DENY CLASS C
SPECIAL PERMIT, FILE NO. C-87-755, FOR CONSTRUCTION IN
RG-2/2.2/7 AND SPI-4 ZONING DISTRICTS OF A MULTIPLE
FAMILY RESIDENTIAL STRUCTURE TO BE LOCATED AT 2475
BRICKELL AVENUE, MIAMI, FLORIDA; AND ADOPTING AND
INCORPORATING THE FINDINGS OF THE PLANNING DIRECTOR.
(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.
COMMENTS MADE DURING ROLL CALLS
Mr. Dawkins: Yes, and as I vote yes, I'd like to tell the residents, you did
not say anything about the most important thing, I think is, on Brickell
Avenue, we do not have any play space for youngsters. So make sure now that
as people build units out there, that some space is provided for youngsters to
play, because we don't have it.
162 April 20, 1988
33. APPROVE LIST Of SURPLUS AND UNDER-UTILIZED EQUIPMENT AVAILABLE FOR
DISPOSAL - AUTHORIZE MANAGER TO SET FINAL PRICE OF SURPLUS EQUIPMENT.
Mr. Plummer: Mr. Mayor, I ask you please, this memo which I distributed to
you for surplus equipment to be set by the Manager, I so move.
Mayor Suarez: Do you want to second his surplus equipment thing?
Mrs. Kennedy: Teo, second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
Its adoption:
MOTION NO. 88-396
A MOTION APPROVING A LIST OF SURPLUS EQUIPMENT AND
UNDER-UTILIZED EQUIPMENT AVAILABLE FOR DISPOSAL (AS
MORE FULLY OUTLINED IN MEMORANDUM FROM CITY MANAGER,
CESAR ODIO, TO MEMBERS OF THE COMMISSION DATED APRIL
28, 1988); FURTHER AUTHORIZING THE MANAGER TO SET THE
SURPLUS PRICE OF SAID EQUIPMENT.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Turre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ASSENT: None.
Tim SEING No Fun= susn 8S TO Cd= uP'm = CITT
CVMISSION. TUR In,ETIIIG VAS ADJOURNED AT 9 :19 P.M.
Ratty Hirai
CM CLZRK
Valter J. Foew
ASSISTANT CITE CLSW
Tinier L. Suarez
N A T 0 R
163 April 24, 1906
0
CITY OF MIAMI
DOCUMENT INDEX
f .
ESTABLISH Y50,000 REWARD FOR
INFORMATION LEADING TO APPREHENSION
AND CONVICTION OF THOSE RESPONSIBLE
FOR THE SHOOTING OF POLICE OFFICER
JAMES HAYDEN
APPOINT JORGE L. FERNANDEZ AS CITY
ATTORNEY.
AUTHORIZE SUBMITTAL OF A GRANT PROGRAM
FINAL STATEMENT TO UNHUD FOR
$11,297,000 FOR THE PROPOSED COMMUNITY
DEVELOPMENT PROGRAM DURING 1988-1989.
APPROVE A RECOGNITION, NON -DISTURBANCE
AND REIMBURSEMENT AGREEMENT BETWEEN THE
MIAMI SPORTS AND EXHIBITION AUTHORITY
AND MIAMI HEAL LIMITED PARTNERSHIP
SUBJECT TO FULFILLMENT OF REQUEST BY
COMMISSION.
STRONGLY URGE METROPOLITAN DADE COUNTY
TO INCREASE ENFORCEMENT OF MINIMUM
HOUSING STANDARDS AND VACANT HOUSING
STRUCTURES MINIMUM STANDARDS IN THE
CITY OF MIAMI.
UPHOLD ZONING BOARD'S DECISION TO DENY
VARIANCE AT 3044 N.W. 18TH TERRACE
(APPLICANT: JORGE CAMPOY).
APPROVE BISCAYNE VIEW APARTMENTS
PROJECT MAJOR USE SPECIAL PERMIT FOR
A 463 UNIT RENTAL APARTMENT PROJECT
AND A 467 SPACE PARKING GARAGE AT
APPROXIMATELY 915 N.W. 1ST AVENUE.
AUTHORIZE OFFER OF JUDGMENT OF
$2,856,001'. IN EMINENT DOMAIN ACTION
CITY OF MIAMI VS. FROHOCK.
VACATION AND CLOSURE OF N.E. 2ND COURT
BOUNDED BY N.E. 12TH AND 13TH STREETS,
N.E. 2ND AVENUE AND BISCAYNE
BOULEVARD. "PAPPAS SUBDIVISION"
(APPLICANTS: SOUTHERLAND INVESTMENTS.
INC. AND KEYES REAL ESTATE DEVELOPMENT
CORPORATION OF AMERICA.)
DENY APPEAL BY BRICKELL PROMENADE
ASSOCIATES,LTD. OF ZONING BOARD'S
DENIAL OF CLASS C SPECIAL PERMIT AT
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APRIL 29. 199S
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